Core Refusal Reason
The applicant failed to demonstrate a substantiated rural housing need for a dwelling in an area under strong urban pressure and failed to provide legal evidence of a right of way for the proposed access via a private road.
Decision Maker's Conclusion
- The applicant failed to submit a Housing Need Form or any supporting documentation to demonstrate a substantiated rural housing need or rural links to the area as required by Policy Objective RH 2.
- The applicant did not provide comprehensive legal documentation or associated maps to demonstrate a right of way agreement and requisite consent to utilize the private road for access, contrary to DM Standard 30.
- The existing private road network serving the site is considered deficient in terms of capacity, width, and surface condition, making it unsuitable to carry the increased traffic likely to result from the development.
Cited Policies (CDP)
Section 4.6.1Policy Objective RH 2DM Standard 7DM Standard 30DM Standard 36DM Standard 9DM Standard 38DM Standard 11DM Standard 6
Decision Document Summary
John Flannery sought planning permission for a 115 sqm domestic dwelling and 42 sqm garage on an agricultural site at Attimonmore South, located within a 'Rural Area under Strong Urban Pressure'. While the physical design and site suitability for effluent disposal were generally acceptable, the Planning Authority refused the application on two primary grounds. Firstly, the applicant failed to prove a functional or social need to reside in this specific rural area. Secondly, the proposal relied o...SOURCE PDFOpen Original
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