Core Refusal Reason
The application was refused due to the applicant's failure to demonstrate legal interest in the site, non-compliance with rural housing need criteria for an area under significant urban influence, and inadequate evidence regarding safe onsite wastewater disposal.
Decision Maker's Conclusion
- The applicant failed to demonstrate sufficient legal estate or interest in the site, as a Land Registry search indicated the applicant is not the registered owner.
- The proposal contravenes the Rural Settlement Policy (Objective KCDP 5-14) because the applicant did not establish a genuine rural-generated housing need or specific social/economic ties to this area under significant urban influence.
- The Planning Authority is not satisfied that the site can adequately dispose of effluent from the proposed treatment system, posing a risk to public health and the environment.
Cited Policies (CDP)
Section 11.6.3KCDP 5-14Section 5.5.2Section 5.8Objective RS-10
Decision Document Summary
John Doody sought permission to renovate and extend a 28sqm derelict cottage with a 114.6sqm extension and a new effluent treatment system at Knocknaskeha, Killarney. The site is located in a 'Rural General' area designated as being under 'Significant Urban Influence.' The application was refused because the applicant could not prove legal interest in the land, failed to satisfy the local rural housing need criteria required by the Kerry County Development Plan 2022-2028, and failed to demonstra...SOURCE PDFOpen Original
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