Core Refusal Reason
The proposal for retention of a garage as a temporary dwelling contravenes a previous planning condition (Condition 11 of PL 18/1355) prohibiting human habitation, and since the main dwelling is nearly complete, the applicant's housing need is already met, making the additional residential unit unnecessary and a bad precedent.
Decision Maker's Conclusion
- The applicant's housing need has been met by the nearly completed main dwelling permitted under PL 18/1355, rendering the retention of the garage for residential use unnecessary.
- The development contravenes Condition 11 of the parent permission (PL 18/1355), which explicitly prohibited the use of the garage for human habitation.
- The application lacks clarity regarding the temporary nature of the use and the future reinstatement of the structure as a garage, which would set an undesirable precedent for similar unauthorized developments.
Cited Policies (CDP)
HO P113.3.14HO P12HO P13HO P15HO P14HO O50HO O51HO O52Policy HO P27Policy BI O26
Decision Document Summary
The applicant, James Kelly, sought retention permission for the use of a garage as a temporary residential unit at Alliganstown, Ballymore Eustace, Co. Kildare, while the main dwelling (permitted under PL 18/1355) was being completed. The site is located in a rural area within the Eastern Uplands Landscape Character Area. Kildare County Council refused permission because the main dwelling is substantially complete, satisfying the applicant's housing need. Furthermore, the conversion of the garag...SOURCE PDFOpen Original
Note: If code appears below, the council site is blocking the preview. Please open the original file.