22762

for a new residential housing development of 43 dwellings consisting of: 6 No Type A/A1/A2 detached two storey four / five bedroom dwellings with direct access to Bohercrussia Street (L5000), 3 No. Type B two storey detached four bedroom dwellings, 4 No. Type C/D B two storey semi-detached four bedroom dwellings with dual aspect, 22 No. Type E two storey semi-detached three bedroom dwellings, 8 No. type F/G two storey block of four two bedroom town houses with three bedroom end of terrace. Main site access served by existing site entrance. Plus all associated site works, landscaping, infrastructure and site enclosures

Refused

Core Refusal Reason

The primary grounds for the planning impasse include the potential adverse impacts on the River Nore SAC (Natura 2000 site) which require a Stage 2 Appropriate Assessment, significant unresolved flood risks, and inadequate technical details regarding traffic safety and wastewater infrastructure.

Decision Maker's Conclusion

  • The Planning Authority cannot rule out significant effects on the River Nore SAC based on the current screening, requiring the submission of a Natura Impact Statement (NIS).
  • The proposed site layout includes residential units within identified flood zones, and the applicant has failed to demonstrate adequate flood risk mitigation or a justification for development in these areas.
  • The application lacks critical technical information concerning traffic management, pedestrian safety (DMURS compliance), and the long-term maintenance and efficacy of the proposed wastewater pumping system.

Cited Policies (CDP)

Section 4.8Section 13.20.4Kilkenny City and County Development Plan 2021-2027

Decision Document Summary

This planning application relates to a proposed residential development of 43 dwellings on a 2.07-hectare greenfield site at Tobernapeastia, Freshford, Co. Kilkenny. The site is located on the western approach to Freshford village, adjacent to an existing childcare facility. The local authority has effectively stalled the development by requesting significant further information, primarily because the applicant failed to demonstrate that the project would not negatively impact the River Nore SAC...
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Planning application 22762, Kilkenny County Council | Precedent.ie