211514

for (A) Erection of 2 no. storey and a half type houses to form a family cluster, (B) 2 no. garage/fuel stores for domestic use, (C) the installation of 2 no. Oakstown BAF wastewater treatment systems with polishing filter percolation areas to serve each house, (D) upgrading of existing agricultural entrance to a new combined vehicular recessed entrance and all associated site works

Refused

Core Refusal Reason

The proposed development would materially contravene a condition of a previous planning permission (98/1261) which sterilised the road frontage from future residential development.

Decision Maker's Conclusion

  • The site frontage incorporates a portion of road frontage that is sterilised from future residential or non-agricultural development on foot of permission granted under reg ref 98/1261.
  • Granting permission for residential development on these lands would materially contravene a condition attached to a previous planning permission.
  • The proposed development would, therefore, be contrary to the proper planning and sustainable development of the area.

Cited Policies (CDP)

Policy RH1Policy RH2Policy RH 9Policy RH7Policy RH10Policy RH12Chapter 4Chapter 14Chapter 16Chapter 17

Decision Document Summary

Roger and Howard Cross sought permission for the erection of two storey-and-a-half houses, garages, and a shared recessed entrance at Kilmoney South, Rathangan, Co. Kildare. The site is located in a rural area characterized by linear one-off housing. While the planning authority found the design and local need aspects acceptable, the application was refused because the site frontage is subject to a sterilisation agreement (Deed of Covenant) from a 1998 planning permission (98/1261). Consequently...
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