Core Refusal Reason
The development materially contravenes a previous planning condition restricting the structure to domestic storage only and represents an overdevelopment of a restricted site.
Decision Maker's Conclusion
- The retention of the self-contained living unit materially contravenes Condition No. 5 of planning register 20/180, which explicitly prohibited the use of the structure for habitation.
- The proposal results in an excessive density of development on a restricted site, negatively impacting the residential amenities of both the existing dwelling and the proposed unit.
- Granting permission would set an undesirable precedent for similar unauthorized conversions of ancillary structures into habitable dwellings in the area.
Cited Policies (CDP)
Decision Document Summary
The applicant sought retention permission for a 39sqm self-contained living unit at The Wood, Dingle, Co. Kerry, which was originally permitted as a domestic storage shed. The planning authority refused the application primarily because the conversion into a habitable unit materially contravenes a condition from a previous grant (Reg. No. 20/180) that restricted the building's use to storage only. Furthermore, the inspector determined that the development constitutes overdevelopment of a restric...SOURCE PDFOpen Original
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