Core Refusal Reason
The proposal was refused due to traffic safety concerns regarding access onto a national road (N76), over-development of a restricted rural site that is out of character with the area, and potential negative impacts on the setting of a nearby protected structure.
Decision Maker's Conclusion
- The proposed access onto the N76 national road via a private laneway is contrary to national and local policy regarding traffic safety and the prevention of additional access points onto high-speed routes.
- The development constitutes over-development of a highly restricted 0.0584ha site, which would be out of character with the existing rural pattern and set an undesirable precedent for haphazard development.
- The applicant failed to demonstrate that the proposal would not negatively impact the setting of the adjacent protected structure (Tinnypark House) or provide sufficient evidence regarding wastewater treatment and legal interest in the access route.
Cited Policies (CDP)
Chapter 4Chapter 7Chapter 13Rural Design GuideSection 9.2.12.1Section 7.8.4Section 12.11.3Section 9.2.5
Decision Document Summary
Linda O'Carroll sought permission for a two-storey dwelling and wastewater treatment system on a 0.0584-hectare site at Tinnypark, Callan Road, Kilkenny, located approximately 3km south of the city. Kilkenny County Council refused the application on multiple grounds, primarily citing that the proposed access onto the N76 national road violates traffic safety policies. Additionally, the planning authority determined that the small site size would result in over-development out of character with t...SOURCE PDFOpen Original
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