Core Refusal Reason
The proposal contravenes Objective CDP3.13 of the Clare County Development Plan 2017-2023 as the applicant intends to sell the site rather than occupy the dwelling permanently, which is a mandatory requirement for infill sites in rural Areas of Special Control.
Decision Maker's Conclusion
- The development site is located within a Heritage Landscape and an Area of Special Control where Objective CDP3.13 mandates that dwellings on infill sites must be for the permanent occupation of the applicant.
- The applicant's stated intention to sell the subject site with the benefit of outline planning permission directly conflicts with the occupancy requirements of the County Development Plan.
- Granting permission would be contrary to the proper planning and sustainable development of the area and would contravene the Section 28 Sustainable Rural Housing Guidelines.
Cited Policies (CDP)
CDP 3.13CDP 13.5CDP 14.2CDP 3.11
Decision Document Summary
Howard Konick sought outline permission for a single-family residence, wastewater treatment system, and new entrance at Cloonoolia South, Whitegate, Co. Clare. The site is situated in a rural area designated as a Heritage Landscape adjacent to the Lough Derg SPA. While the Planning Authority acknowledged the site met the physical criteria for an 'infill site', the application was refused because the applicant intended to sell the site rather than occupy the house personally. This was found to be...SOURCE PDFOpen Original
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