Core Refusal Reason
Failure to demonstrate a legal right of way over the private access laneway and unresolved third-party disputes regarding land ownership and site location.
Decision Maker's Conclusion
- The applicant failed to clarify the ownership of the 20m private laneway serving the site or provide signed legal consent from the owners for its use.
- A written response was required but not provided to address a third-party submission that raised significant concerns regarding site access, land ownership, and site address discrepancies.
- Technical details, specifically brochure pictures of all proposed metal finishes, were not submitted to allow for a full assessment of the proposed dwelling's design.
Cited Policies (CDP)
Policy SSP-27
Decision Document Summary
John Holohan sought permission for a detached single-storey dwelling and an on-site effluent treatment system at Cloncassan, Bracknagh, Co. Offaly. While the applicant was deemed to satisfy the 'local need' criteria under Policy SSP-27 of the County Development Plan, the Planning Authority identified critical issues regarding site access and ownership. The application was refused (following a request for further information) primarily because the applicant could not demonstrate a legal right of ...SOURCE PDFOpen Original
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