Core Refusal Reason
The proposal materially contravenes a previous planning condition designating the site as public amenity space and lacks a required archaeological impact assessment for a recorded monument.
Decision Maker's Conclusion
- The proposed development materially contravenes planning condition 1 of planning reference 17/715, which specifically designated the subject site as a public amenity area for the residential development.
- The applicant failed to submit an Archaeological Impact Assessment despite the site being located within the zone of notification for a recorded monument (Ke004 032, a ringfort).
- The proposal is considered contrary to the proper planning and sustainable development of the area due to the loss of designated open space and the potential for unmitigated impacts on archaeological heritage.
Cited Policies (CDP)
Listowel MD Local Area Plan 2020-2026BN-GO-02BN-GO-08Kerry County Development Plan 2022-2028 Section 1.5.1
Decision Document Summary
Oliver Bennett sought permission to construct a 180sqm, two-storey detached dwelling at Lartigue Lane, Ballybunion, on a 0.030ha site within an existing residential estate. While the land is zoned 'R2' for residential use, the specific plot was previously designated as a public amenity area under a prior grant of permission (PRN 17/715). Kerry County Council refused the application because it materially contravenes the conditions of that previous permission and because the applicant failed to pr...SOURCE PDFOpen Original
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