Core Refusal Reason
The application was refused due to the applicant's failure to demonstrate a genuine rural housing need, potential adverse impacts on archaeological heritage, and inadequate traffic safety sightlines.
Decision Maker's Conclusion
- The applicant failed to demonstrate a rural housing need as per Policy SS4 of the South Tipperary County Development Plan 2009, specifically because they previously owned a dwelling in a rural area.
- The proposed development is located within a zone of archaeological interest associated with Recorded Monument TS061-087 RATH, and the Planning Authority is not satisfied that the development would not impact adversely on archaeological features.
- The applicant did not demonstrate that the required sightlines and forward stopping distances are achievable at the proposed entrance onto the L-8318-0, posing a risk to public safety and the carrying capacity of the local road.
Cited Policies (CDP)
Policy 5-9Policy 5-11Table 5.2Policy 15-2Policy 15-4Policy 15-6Policy 13-4Section 6.1Section 6.4Table 6.1Table 6.2Policy SS4Policy LH16
Decision Document Summary
The proposal sought permission for a single-storey dwelling, garage, and effluent treatment system at Ballyfowloo, Cashel, Co. Tipperary, located within a Primary Amenity Area and an Area Under Urban Influence. Tipperary County Council refused the application on three main grounds: the applicant's prior ownership of a rural home invalidated their claim of rural housing need under Policy SS4; the site's proximity to a recorded monument (RATH) raised unaddressed archaeological concerns; and the pr...SOURCE PDFOpen Original
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