Core Refusal Reason
The proposal fails to meet the mandatory 100-metre setback from a neighboring dwelling and involves the use of an unauthorised entrance and the construction of a non-exempt internal driveway.
Decision Maker's Conclusion
- The proposed agricultural shed is located 99.5 metres from an existing dwelling, failing the 100-metre minimum setback requirement under Limitation 5 of Class 9, Part 3, Schedule 2, in the absence of written consent from the homeowner.
- The development relies on a site entrance that was not constructed in accordance with the approved plans of planning permission 10/555, thereby constituting an unauthorised entrance which precludes an exemption under Article 9.
- The construction of the proposed 93-metre internal farm driveway to provide access to the shed constitutes 'development' for which no specific exemption exists under the Planning and Development Regulations 2001 (as amended).
Cited Policies (CDP)
Decision Document Summary
This Section 5 application sought a declaration on whether the construction of an agricultural storage shed at Clonkeen, Portlaoise, constitutes exempted development. While the shed's floor area and height were within limits, the Planning Authority determined the proposal is not exempt because the structure is sited within 100 metres of a third-party dwelling without the owner's consent. Additionally, the report concludes that the project is served by an unauthorised site entrance and includes t...SOURCE PDFOpen Original
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