Core Refusal Reason
The proposal fails to meet the mandatory criteria for a family flat under the County Development Plan, specifically regarding the lack of a physical link to the main dwelling and failure to demonstrate genuine need, while also contravening a prior planning condition prohibiting human habitation of the structure.
Decision Maker's Conclusion
- The applicant failed to provide documentary evidence of a genuine need for a family flat and the structure lacks the required internal physical link to the main dwelling.
- The development directly contravenes Condition 2 of a previous planning grant (ABP PL 09.230206 / 07/2918) which explicitly restricted the structure's use to purposes incidental to the main house and prohibited human habitation.
- Granting permission would set an undesirable precedent for similar unauthorized residential conversions and lead to an intensification of use that would negatively impact the residential amenity of the area.
Cited Policies (CDP)
Section 15.4.14Chapter 15Kildare County Development Plan 2023-2029Kildare Local Area Plan 2012-2018
Decision Document Summary
Liam Fitzpatrick sought permission to convert an existing 32 sq.m single-storey domestic shed at the rear of No. 2 Ruanbeg Park, Kildare, into a self-contained residential unit. The site is located within an established residential estate approximately 1km southeast of Kildare town centre. The application was refused by Kildare County Council as the proposal did not comply with Section 15.4.14 of the Development Plan regarding connectivity and proven need, and it sought to overturn a specific An...SOURCE PDFOpen Original
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