Core Refusal Reason
The proposal fails to meet the criteria for a family flat as defined in the County Development Plan, specifically regarding the lack of demonstrated genuine need and the absence of a physical link to the main dwelling, while also contravening a previous planning condition that prohibited the structure's use for human habitation.
Decision Maker's Conclusion
- The applicant failed to demonstrate a genuine need for a family flat or provide a physical link between the proposed unit and the main dwelling, as required by Section 15.4.14 of the Kildare County Development Plan 2023-2029.
- The proposed development directly contravenes Condition No. 2 of a previous grant of permission (ABP PL 09.230207 / 07/2919), which explicitly restricted the use of the structure to purposes incidental to the enjoyment of the house and prohibited its use for human habitation.
- Permitting the conversion would lead to an undesirable intensification of use and set a negative precedent for similar developments in the vicinity, thereby negatively impacting 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
Des Mulcair sought permission to convert an existing 32sqm single-storey domestic shed at the rear of No. 4 Ruanbeg Park, Kildare, into a habitable family flat containing a kitchen/living area, bathroom, and bedroom. The site is located within a residential estate zoned 'B - Existing Residential'. Kildare County Council refused the application primarily because the proposal did not comply with the Development Plan's standards for family flats—specifically lacking a demonstrated need and a physic...SOURCE PDFOpen Original
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