Core Refusal Reason
The proposed development would materially contravene a legal sterilisation agreement (Condition No. 2(b) of planning reference 92/786) which prohibits further residential development on the subject lands.
Decision Maker's Conclusion
- The subject site is located on lands that are legally sterilised from future residential development under Condition No. 2(b) of planning reference 92/786.
- Granting permission for a new dwelling on these lands would materially contravene a condition attached to an existing planning permission.
- The proposed development would be contrary to the proper planning and sustainable development of the area due to the existing sterilisation agreement.
Cited Policies (CDP)
Kildare County Development Plan 2017-2023Rural Housing Policy Zone 1Section 4.12.7Policy RH2Policy RH 9Chapter 4Chapter 14Chapter 16Chapter 17
Decision Document Summary
The proposal seeks permission for a contemporary 245sqm single-storey dwelling, a new vehicular entrance, and an on-site wastewater treatment system at Dunnstown, Brannockstown, Co. Kildare. The site is situated in a rural area designated as Rural Housing Policy Zone 1. While the applicant was deemed to have met the 'local need' criteria, the application was refused because the site is subject to a sterilisation agreement signed by the applicant's family members under a previous grant of permiss...SOURCE PDFOpen Original
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