Core Refusal Reason
The applicant failed to demonstrate compliance with the local need criteria for Rural Housing Policy Zone 1, specifically the requirement to provide documentary evidence of residency in the locality of Toberogan for a period of at least 12 years.
Decision Maker's Conclusion
- The applicant has not sufficiently demonstrated compliance with local need category 2(i) of the Rural Housing Policy for Zone 1, which requires proof of residency in the Toberogan locality for at least 12 years.
- There is an absence of clear documentary evidence, such as a map indicating the location of the applicant's previous family home in Ballymore Eustace, to verify its proximity to the subject site.
- While the proposed design and site layout are generally acceptable for an infill development, the fundamental requirement to establish a genuine rural housing need under the County Development Plan has not been met.
Cited Policies (CDP)
Section 4.12.7Table 4.3Policy RH 2Policy RH 9Chapter 4Chapter 13Chapter 14Chapter 16Chapter 17Map 4.4
Decision Document Summary
Maria Lawler sought planning permission for a single-storey dwelling, domestic garage, and wastewater treatment system on a 0.11ha infill site at Toberogan, Kilcullen, Co. Kildare. The site is located within Rural Housing Policy Zone 1, an area under significant urban pressure where residential development is strictly controlled. Although the technical aspects of the proposal—including design, access, and environmental impact—were considered largely acceptable, the application was refused becaus...SOURCE PDFOpen Original
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