Core Refusal Reason
The development fails to comply with the criteria for one-off enterprises in rural areas, specifically regarding the unauthorized commercial use of the site and the excessive scale of the structures.
Decision Maker's Conclusion
- The development constitutes an unauthorized change of use from residential to commercial (builders yard) which does not meet the criteria for one-off enterprises in rural areas as set out in Table 10.3.
- The scale of the shed and additional steel containers exceeds the floor area limits for small-scale rural businesses and fails to utilize redundant agricultural buildings or brownfield sites.
- The applicant failed to adequately address enforcement issues raised in Warning Letter UD7780, specifically regarding the unauthorized subdivision of the site and the placement of metal containers.
Cited Policies (CDP)
Table 10.3Chapter 10Chapter 17
Decision Document Summary
The application seeks retention permission for a shed, boundary wall, and widened entrance at Alasty, Kill, Co. Kildare. The site is currently operating as an unauthorized builders yard, having transitioned from its permitted residential use. The Planning Authority determined that the development does not accord with the Kildare County Development Plan 2017-2023, particularly Table 10.3, as it is not a small-scale enterprise appropriate to its rural location and lacks proper integration with the...SOURCE PDFOpen Original
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