Core Refusal Reason
The proposal is an inappropriate industrial-scale commercial development in a rural area that contravenes home-based economic activity policies and would negatively impact the residential amenity of neighboring properties.
Decision Maker's Conclusion
- The development constitutes an inappropriate form of development for a rural area zoned 'Rural General' and should be located on lands specifically zoned for industrial use within a town or settlement.
- The proposal contravenes Objective KCDP 9-51 as it is not a subsidiary home-based activity and would fail to protect the residential amenity of the area.
- The operation of a commercial garage in close proximity to existing dwellings would seriously injure residential amenities by reason of noise, additional traffic, and general disturbance.
Cited Policies (CDP)
KCDP 5-21Objective KCDP 11-77Objective KCDP 11-78Objective KCDP 9-51
Decision Document Summary
Mr. Pawel Komosa applied for permission to construct a 140.25sqm commercial car repair garage at the rear of his dwelling in Gortdromerillagh, Firies, Co. Kerry. The site is located in a rural area characterized by ribbon development. Kerry County Council refused the application on the grounds that such industrial-type developments belong in serviced settlements rather than rural zones. Furthermore, the planner noted that the garage would be built over an existing wastewater treatment irrigation...SOURCE PDFOpen Original
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