22502

to demolish the existing agricultural shed 46sqm and to erect a 3 bedroom single story dwelling house with car garage, new entrance, sewage treatment system with partially raised soil polishing filter and associated site works

Refused

Core Refusal Reason

The application was refused because the applicants failed to demonstrate a rural-generated housing need in an 'Area Under Urban Influence' and the site's steep gradient (exceeding 1:8) is unsuitable for a domestic wastewater treatment system.

Decision Maker's Conclusion

  • The applicants failed to demonstrate a functional economic or social need to reside in this specific rural area, as required for an 'Area Under Urban Influence' under Section 7.8 of the Development Plan.
  • The proposed housing need is considered urban-generated, and council policy directs such development to areas zoned for new housing in cities, towns, and villages.
  • The site's excessive slope (greater than 1:8) renders it unsuitable for the safe discharge of effluent, posing a risk to public health and the environment.

Cited Policies (CDP)

Section 7.8Kilkenny City and County Development Plan 2021-2027EPA 2021 Code of Practice

Decision Document Summary

The proposal sought permission to demolish an agricultural shed and erect a three-bedroom single-storey dwelling with a garage and wastewater treatment system at Tinnapark, Graiguenamanagh. The site is located on the outskirts of the town within an 'Area Under Urban Influence'. Kilkenny County Council refused the application on two primary grounds: first, the applicants did not meet the criteria for rural-generated housing need, with their requirement deemed urban-generated; and second, the site...
SOURCE PDFOpen Original
Note: If code appears below, the council site is blocking the preview. Please open the original file.
Planning application 22502, Kilkenny County Council | Precedent.ie