Core Refusal Reason
Failure to demonstrate that required 160-metre sight distances can be achieved within the applicant's legal control, necessitating works on third-party lands without documented consent.
Decision Maker's Conclusion
- The applicant has failed to provide technical evidence that the required sightlines of 160 metres are achievable in both directions from the proposed vehicular entrance.
- The necessary visibility splays appear to require the setting back of roadside boundaries on lands outside the applicant's ownership, for which no written legal consent from the third-party landowner has been submitted.
- In the absence of guaranteed adequate sight distances, the proposed development would constitute a traffic hazard and would be contrary to the proper planning and sustainable development of the area.
Cited Policies (CDP)
KCDP 5-15KCDP 5-4KCDP 5-17KCDP 5-18KCDP 5-19KCDP 5-20KCDP 5-21KCDP 5-22
Decision Document Summary
The applicant, Jack Mulvihill, proposed the construction of a 156.82sqm bungalow, a 60sqm detached garage, and a mechanical aeration unit on a 0.306-hectare site at Aughrim, Moyvane, Co. Kerry. The site is located in a 'Rural Area Under Urban Influence' and contains a derelict structure to be demolished. While the Planning Authority acknowledged that the applicant met the local housing need criteria under Objective KCDP 5-15, the application was refused primarily due to road safety concerns. Spe...SOURCE PDFOpen Original
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