2360105

the construction of 2 No. self-contained modular chalets, new entrance and access driveway, connection to necessary services together with all associated site and incidental works. The proposed development is located within the curtilage of protected structures.

Refused

Core Refusal Reason

The proposed residential development is located on lands zoned for 'Amenity' use where residential development is not permitted, and the applicant failed to address significant environmental constraints regarding flood risk, archaeology, and protected nature sites.

Decision Maker's Conclusion

  • The development would materially contravene the Tipperary County Development Plan 2022-2028 as the site is zoned 'Amenity', a designation that specifically excludes residential use.
  • The applicant failed to provide necessary technical assessments, specifically a Site Specific Flood Risk Assessment and an Archaeological Impact Assessment, to demonstrate the site's suitability for development given its location in a fluvial flood zone and proximity to a recorded monument.
  • In the absence of a Stage 2 Appropriate Assessment, the Planning Authority could not rule out significant adverse impacts on the integrity of the Lough Derg (Shannon) SPA and Lough Derg North-East Shore SAC.

Cited Policies (CDP)

Policy 5-5Policy 11-1Policy 11-2Policy 11-9Policy 11-10Policy 11-18Policy 11-19Policy 13-4Section 3.5Section 3.7Section 4.3.3Section 6.1Section 6.5Section 6.6

Decision Document Summary

Caroline Haslam sought permission for the construction of two self-contained modular timber chalets and a new entrance at The Orchard, Terryglass, Nenagh. The site is located within the settlement of Terryglass on lands zoned for 'Amenity' purposes. Tipperary County Council refused the application primarily because residential development is not permitted under this zoning. Furthermore, the proposal was deemed deficient due to the lack of required environmental and technical reports concerning f...
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