Core Refusal Reason
The development constitutes haphazard and disorderly development that provides inadequate private amenity space for occupants and negatively impacts the privacy of neighboring residents through overlooking.
Decision Maker's Conclusion
- The apartment fails to meet the minimum requirements for private amenity space, as the balcony does not meet the 1.5m depth or 5sqm area standards, resulting in an inadequate standard of development for occupants.
- The development is injurious to the residential amenities of existing properties in the vicinity due to the loss of privacy caused by overlooking from the balcony.
- The location of the apartment within an upper void area of a terrace block represents a haphazard and sub-standard form of development that would set an undesirable precedent for similar inappropriate developments.
Cited Policies (CDP)
Kerry County Development Plan 2022-2028Volume 2 - Town Development PlansVolume 6 - Section 1 Development Management Standards & Guidelines1.5.5 Apartment Standards1.5.5.1 Minimum Space Requirements for ApartmentsTable 2: Specific Planning Policy Requirement 31.5.5.2 Dual Aspect RequirementsSpecific Planning Policy Requirement 41.5.5.3 Communal Open Space1.5.5.4 Apartment Floor to Ceiling HeightSpecific Planning Policy Requirement 5Sustainable Urban Housing: Design Standards for New Apartments, Guidelines 2020
Decision Document Summary
The applicant sought retention permission for a second-floor apartment located above an archway/void in a terraced house block at 9 Clounalour Mews, Tralee, Co. Kerry. Although the site is zoned for residential use, the planning authority refused permission because the unit fails to meet national and local design standards for apartment living. The inspector concluded that the development provides substandard private open space, causes overlooking issues for neighbors, and represents a haphazard...SOURCE PDFOpen Original
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