2343

2 NO. MOBILE HOMES LOCATED TO THE REAR OF THE EXISTING SITE BEING USED FOR TEMPORARY ACCOMMODATION AND UTILITY SHED AND FOR PLANNING PERMISSION TO CONSTRUCT A DWELLING HOUSE ATTACHED TO THE REAR OF THE EXISTING DWELLING HOUSE, TO PROJECT OUT TO THE SIDE OF THE EXISTING HOUSE AND TO INCLUDE CONNECTION TO THE EXISTING PUBLIC FOUL SEWER AND EXISTING WATER MAINS SERVICES ON SITE AND ALL ASSOCIATED SITE WORKS

Refused

Core Refusal Reason

The subject site's zoned area of approximately 0.14 hectares exceeds the 0.1-hectare statutory threshold required for a Section 97 exemption certificate, and the lands are further constrained by restrictive zonings including Strategic Residential Reserve and Constrained Land Use.

Decision Maker's Conclusion

  • The subject site area within the relevant residential zonings (0.14ha) exceeds the 0.1-hectare limit prescribed under Section 97 of the Planning and Development Act 2000 for an exemption certificate.
  • The development site is subject to conflicting land use designations, including 'Strategic Residential Reserve' and 'Open Space, Amenity & Recreation', which are generally incompatible with the proposed residential intensification.
  • A portion of the site is identified as 'Constrained Land Use', indicating significant physical or environmental limitations that restrict the suitability of the land for the proposed dwelling extension and retention of mobile homes.

Cited Policies (CDP)

Offaly County Development Plan 2021 - 2027 (OCDP)Volume 2 of the Offaly County Development PlanBanagher Town Plan

Decision Document Summary

The proposal sought a Section 97 exemption certificate for the retention of two mobile homes and the construction of a dwelling house extension at Aghaboy, Ferbane, Co. Offaly. The 0.465-hectare site is situated within a complex zoning framework under the Offaly County Development Plan 2021-2027, encompassing Existing Residential, Strategic Residential Reserve, and Open Space designations, alongside a 'Constrained Land Use' overlay. Although the planner's report concludes with a recommendation t...
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