23811

(I) EXISTING PARTIALLY CONSTRUCTED AGRICULTURAL BUILDING, (II) PERMISSION FOR THE COMPLETION OF THE PARTIALLY CONSTRUCTED AGRICULTURAL BUILDING COMPRISING OF A MAIN HALL, AGRICULTURAL STORE, SECURE STORE AND WC AT GROUND FLOOR LEVEL, A MEZZANINE STORAGE LOFT, AND SHELTERED EXTERNAL STORAGE AREA AND (III) THE DEVELOPMENT INCLUDES DRAINAGE, LANDSCAPING, BOUNDARY TREATMENTS AND ALL ANCILLARY WORKS NECESSARY TO FACILITATE THE DEVELOPMENT. THE DEVELOPMENT WILL BE SERVED BY THE WASTEWATER TREATMENT SYSTEM AND ASSOCIATED PERCOLATION AREA PREVIOUSLY PERMITTED UNDER REG. REF. 20/913

Refused

Core Refusal Reason

The development fails to meet mandatory road setback requirements, poses a risk to an environmentally sensitive area (SAC/woodland), and the design/layout raises concerns regarding its genuine agricultural use.

Decision Maker's Conclusion

  • The steel frame is set back less than the required 30m from the N70 National Secondary Road boundary, contrary to the Kerry County Development Plan 2022-2028.
  • The Planning Authority is not satisfied that the development, located in an environmentally sensitive area adjacent to the Kenmare River SAC, will not adversely impact water quality and biodiversity.
  • The design and internal layout of the building do not resemble a typical agricultural structure, leading to concerns that its ultimate use would not be for agricultural purposes.

Cited Policies (CDP)

Objective KCDP 5-1Objective KCDP 9-43Objective KCDP 9-53Objective KCDP 9-55Objective KCDP 11-77Objective KCDP 11-78Objective KCDP 11-79Objective KCDP 11-81Objective KCDP 11-22Objective KCDP 11-27Section 1.20.1, Volume 6

Decision Document Summary

This application sought retention and completion of a partially constructed agricultural building at Coongar Farm, Tahilla, Killarney, a site located in a visually sensitive coastal area near the Kenmare River SAC. Kerry County Council refused the proposal primarily because the structure violates the mandatory 30m setback from the N70 National Secondary Road. Furthermore, the council expressed concerns regarding potential adverse impacts on local biodiversity and water quality, and concluded tha...
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