2460319

Alteration to development previously approved under Reg. Ref. 23/251 comprising (i) the omission of Condition 10 and the associated removal of the emergency access route connecting the subject site to the unnamed road to the south; and (ii) all ancillary works, inclusive of revised landscaping and boundary treatments, necessary to facilitate the development.

Refused

Core Refusal Reason

The omission of the emergency access route required by Condition 10 of the parent permission (Ref. 23/251) would endanger the health and safety of residents because the primary access road is prone to significant and recurring flooding.

Decision Maker's Conclusion

  • The primary access route to the site is a low-lying road subject to frequent flooding with predicted depths of 0.5m to 1m, which would render it inaccessible even for emergency vehicles during flood events.
  • The emergency access route via Lover's Lane is a necessary mitigation measure to ensure safe access and egress for residents and is required to comply with national planning guidelines regarding flood risk management.
  • Removing Condition 10 would result in a material contravention of the existing planning permission and would be contrary to the proper planning and sustainable development of the area.

Cited Policies (CDP)

Decision Document Summary

Tello Developments (Ballyard) Limited applied to alter a previously approved 25-dwelling residential development at Ballyard, Tralee, by omitting Condition 10, which required the provision of an emergency access route. The applicant argued that the wording of the condition effectively repurposed the route into a standard secondary road, leading the adjoining landowner to withdraw consent. Kerry County Council refused the application, noting that the primary access road is highly susceptible to f...
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