Core Refusal Reason
The development was refused primarily due to the creation of a new access point onto a national secondary road with a high speed limit, alongside concerns regarding effluent disposal and visual impact on an elevated site.
Decision Maker's Conclusion
- The proposed development would contravene Objective KCDP 14-30 of the Kerry County Development Plan 2022-2028 by creating an additional access point onto the N70 National Secondary Road where speed limits exceed 60 km/h, which is prejudicial to road safety.
- The Planning Authority is not satisfied that the effluent arising from the proposed development can be adequately disposed of on-site, posing a potential risk to public health.
- The proposed dwelling, by virtue of its design and siting on an elevated site without the provision of sight poles, would be unduly obtrusive and interfere with the character of the landscape, contrary to Objective KCDP 5-2.
Cited Policies (CDP)
KCDP 5-17KCDP 5-18KCDP 5-19KCDP 5-20KCDP 5-21KCDP 5-22KCDP 5-15KCDP 11-77KCDP 11-78KCDP 14-30KCDP 5-2
Decision Document Summary
Brian Crowley and Rowena O'Connor applied for permission to construct a dwelling house with a septic tank and percolation area at Dunkerron, Kenmare, Co. Kerry. The 0.47-hectare site is located in a 'Rural Area Under Urban Influence' and is accessed via a private laneway off the N70 National Secondary Road. Kerry County Council refused the application on three main grounds: the contravention of road safety policies regarding new access points onto national routes, insufficient evidence that the ...SOURCE PDFOpen Original
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