Core Refusal Reason
The development fails to comply with the County Development Plan's family flat policy due to its detached nature, excessive scale, and use for facilitating commercial activity, while also negatively impacting the residential amenity and privacy of neighboring properties.
Decision Maker's Conclusion
- The structure does not comply with Section 13.15 of the Development Plan as it is a detached unit exceeding 50% of the floor area of the main dwelling and is used to facilitate commercial B&B use in the primary residence.
- The layout and design, particularly the windows along the northern boundary, result in a significant loss of privacy and residential amenity for the adjoining property.
- The development creates a substandard residential layout and contravenes the 'Existing Residential' zoning objective which seeks to protect and improve residential amenities.
Cited Policies (CDP)
Section 13.15Kilkenny City and County Development Plan 2021-2027
Decision Document Summary
The applicant sought the indefinite retention of a 94sq.m single-storey, two-bedroom detached 'family flat' to the rear of No. 43 Michael Street, Kilkenny, a mid-terrace dwelling located within an Architectural Conservation Area. The proposal was refused by Kilkenny County Council because it violates the specific criteria for family flats set out in Section 13.15 of the Development Plan, notably regarding its detached nature and excessive scale relative to the main house. Additionally, the plann...SOURCE PDFOpen Original
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