211020

for development, to include the following: 1) The material change of use of part (Area: 155m2) of the ground floor general medical practice use (previously granted under planning permission 18/59); to a new pharmacy retail unit, which will now operate as a separate unit. 2) Reconfiguration of the existing internal layout & all associated site development works

Refused

Core Refusal Reason

The proposed development materially contravenes the land use zoning objective for the site, which is designated for Amenity, Green Links, Biodiversity Conservation, Open Space, and Recreation in the Kilkenny City and County Development Plan 2021-2027.

Decision Maker's Conclusion

  • The proposed change of use from medical practice to a retail pharmacy materially contravenes the site's specific zoning objective, which is intended solely or primarily for amenity, green links, and open space purposes.
  • The conversion of healthcare floorspace to retail is considered contrary to the proper planning of the area, as it undermines the community gain justification that allowed the original medical centre to be granted via material contravention.
  • The proposal fails to adhere to the sequential test for retail development and would exacerbate existing parking shortfalls identified in the original planning permission for the healthcare facility.

Cited Policies (CDP)

Kilkenny City and County Development Plan 2021-2027Amenity/Green links/Biodiversity/Conservation/Open Space/Recreation zoning objective

Decision Document Summary

The applicant sought permission for a material change of use of 155sqm of the ground floor of a primary healthcare centre at Golf Links Road, Kilkenny, from medical practice use to a standalone pharmacy retail unit. The site is located on lands zoned for 'Amenity/Green links/Biodiversity/Conservation/Open Space/Recreation', where the original medical facility was only permitted as a material contravention of the development plan due to its community benefit. Kilkenny County Council refused the a...
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