2460346

Retention Permission to retain (a) an existing outside area now used as an outside dining area (b) existing canopy (c) existing screen fencing constructed on site and (d) all ancillary site works associated with the development

Refused

Core Refusal Reason

The development is an aesthetically poor, obtrusive structure that negatively impacts the streetscape and residential amenity via noise, while also contravening a previous planning condition requiring its removal.

Decision Maker's Conclusion

  • The tented structure and fencing are of poor aesthetic quality and form an obtrusive feature that fails to integrate with the town centre streetscape.
  • The development causes significant noise and disturbance, negatively impacting the amenities and property values of neighboring residents and businesses.
  • The proposal represents a material contravention of a previous planning condition (Condition No. 3 of 21/994) which mandated the removal of the temporary structure by the end of 2023.

Cited Policies (CDP)

M2 Town Centre zoning

Decision Document Summary

Oliver Favier sought retention permission for an outdoor dining area, canopy, and fencing at The Shire Public House, Michael Collins Place, Killarney. The structure was originally granted temporary permission during the COVID-19 pandemic but was required to be removed by the end of 2023. Kerry County Council refused the application on the grounds that the haphazard structure is visually obtrusive, lacks noise insulation leading to local disturbance, and its retention would materially contravene ...
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