211284

change of use (removal of condition no. 3a of previous grant of permission ref no 03/9127) which restricted the use to the applicant or to other persons primarily employed or engaged in agriculture in the vicinity or to other such class of persons as the planning authority may agree in writing, to use by all persons

Refused

Core Refusal Reason

Failure to provide sufficient documentary evidence of compliance with the original 7-year occupancy condition, which would undermine rural housing settlement strategies in an 'Area Under Strong Urban Influence'.

Decision Maker's Conclusion

  • The applicant failed to provide adequate documentary evidence, such as revenue records, insurance policies, or utility bills, to prove continuous residency for the required 7-year period following the dwelling's completion.
  • The removal of the occupancy condition would undermine the Planning Authority's housing and settlement strategies for rural areas as set out in the current County Development Plan.
  • The proposal is contrary to the 'Sustainable Rural Housing Guidelines for Planning Authorities' (2005), specifically because the site is located within an 'Area Under Strong Urban Influence'.

Cited Policies (CDP)

Section 3- 3.3.1 Residential Development in Rural Areas of the County Development Plan 1999

Decision Document Summary

The applicant sought the removal of an occupancy condition (Condition No. 3A of planning ref 03/9127) for a dwelling at Fauna, Donard, Co. Wicklow, which restricted the property's use to the applicant or persons primarily engaged in local agriculture. Wicklow County Council refused the application on the grounds that the applicant failed to provide sufficient proof of residency for the initial seven-year period as required by the original grant. The Planning Authority determined that removing th...
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