Core Refusal Reason
The development materially contravenes Objective KCDP 9-51 regarding home-based economic activity, as the commercial use of the shed as a gymnasium in a rural area is inappropriate, impacts residential amenity, and sets an undesirable precedent.
Decision Maker's Conclusion
- The proposal materially contravenes Objective KCDP 9-51 of the Kerry County Development Plan 2022-2028, which restricts home-based economic activities that involve the employment of staff or visiting members of the public in rural areas.
- The commercial operation of a gymnasium at this location would negatively impact the residential amenities and values of neighboring properties due to the intensity of use and associated vehicular movements.
- Granting permission would set an undesirable precedent for similar commercial developments in unserviced rural areas, which are better suited to town or village settlements where they can support sustainable development goals.
Cited Policies (CDP)
Objective KCDP 9-51Objective KCDP 11-77Objective KCDP 11-78Section 11.6Section 11.6.3Section 11.6.3.2Section 11.6.4
Decision Document Summary
Sean Kelliher sought retention permission for a 71sqm shed used as a commercial gymnasium at Kilgobnet, Beaufort, Co. Kerry. While the Planning Authority noted that a domestic shed might be acceptable in principle, the application was refused because the commercial use contravenes specific policies on home-based economic activity in rural areas. The inspector concluded that the business, which attracts public visitors to an unserviced rural site, would harm residential amenity and set a poor pla...SOURCE PDFOpen Original
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