Core Refusal Reason
The application was refused primarily because the site is part of a landholding with significant unresolved unauthorized development subject to a High Court order, alongside critical failures to demonstrate safe traffic access and a viable wastewater treatment solution.
Decision Maker's Conclusion
- The development is considered premature as it is located on a landholding subject to active enforcement proceedings and a High Court order for the removal of substantial unauthorized structures, which this proposal would effectively consolidate.
- The applicant failed to demonstrate sufficient legal interest in the proposed access driveway and did not meet the required 145m visibility standards for safe right-hand turning movements onto the R448 regional road.
- The proposed on-site wastewater treatment system was deemed unsuitable as the submitted percolation values (PV) exceeded the maximum limits set by the EPA Code of Practice, posing a risk to public health and groundwater quality.
Cited Policies (CDP)
Section 7.8.4 of Kilkenny County Development Plan 2021-2027
Decision Document Summary
Elizabeth Murphy sought permission for a two-storey dwellinghouse and detached garage at Ballykeoghan, Kilmacow, on a site currently containing construction rubble and disused trailers. While the applicant demonstrated a social need to live in this Area Under Urban Influence, the council refused the proposal due to its location on a landholding with a history of unauthorized commercial development and an outstanding High Court order for removal. Additionally, the application failed on technical ...SOURCE PDFOpen Original
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