Core Refusal Reason
The proposed home office is located outside the curtilage of the applicant's dwelling house on the opposite side of the road, contravening development plan policies that require such units to be subordinate to the main residence.
Decision Maker's Conclusion
- The proposed development is located on a plot of land physically separated from the applicant's main dwelling by a private road, placing it outside the established residential curtilage.
- Under Section 1.8 of the Kerry County Development Plan 2022-2028, home-based economic activity must be subordinate to the use of the house as a single dwelling unit.
- Granting permission for a remote working unit detached from the residential curtilage would be contrary to proper planning and the sustainable development of the rural area.
Cited Policies (CDP)
Objective KCDP 11-77Objective KCDP 11-78Section 11.6.3Section 11.6.3.2Section 1.8, Volume 6Section 1.8.1
Decision Document Summary
The applicant sought permission to construct a 22sqm single-storey home office for private use at Kinard West, Ballinskelligs. While the site is located in a 'Rural General' landscape area and the design was deemed to have no significant visual or traffic impacts, the proposal was refused. The primary ground for refusal is that the office would be situated on a plot of land across a road from the main dwelling, thus falling outside the residential curtilage. This arrangement contravenes the Kerr...SOURCE PDFOpen Original
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