23394

for the amendment of the permission granted under Kildare County Council (KCC) Reg. Ref. 17326. The proposed amendment consists of the removal or amendment of Condition No. 2 attached to the permission which requires that the permitted dwellings be first occupied for a minimum period of seven years as a sole place of permanent residence by persons complying with the local needs criteria set out in table 4.3 of the Kildare County Development Plan 2017-2023. The proposed amendment to the permission proposes either the removal of the condition from the permission, or the amendment of the condition to broaden the criteria to be applied to persons who may first occupy the dwellings

Refused

Core Refusal Reason

The removal or amendment of the occupancy condition would materially contravene rural housing objectives HO P11 and HO O45 of the Kildare County Development Plan 2023-2029 and set an undesirable precedent for future development in rural areas.

Decision Maker's Conclusion

  • The proposed removal of the occupancy condition would materially contravene rural housing objectives HO P11 and HO O45 of the Kildare County Development Plan 2023-2029, which seek to manage development in rural areas and settlement nodes.
  • Granting the application would set an undesirable precedent for future development in the rural area of Kildare and would undermine strategic policies that seek to direct population growth into serviced higher-order settlements.
  • The argument that the houses would remain vacant is not considered a compelling reason for removal given the continued high demand for housing in north Kildare and the fact that the dwellings are currently being advertised for sale at market rates.

Cited Policies (CDP)

RH 25HO P11HO O45HO O49Table 3.1Section 4.13.8Table 4.3Map 4.4Table 3.4

Decision Document Summary

The applicant sought to remove or amend Condition No. 2 of planning permission 17/326, which required three dwellings in Kilshancoe, Co. Kildare, to be first occupied by persons complying with local need criteria for a minimum of seven years. The subject site is located within a rural node approximately 3.4km southwest of Johnstownbridge. Kildare County Council refused the application on the grounds that removing the occupancy restriction would contravene current rural housing policies (HO P11 a...
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