Core Refusal Reason
The applicant failed to demonstrate a genuine local housing need and, as a tenant, could not satisfy the mandatory seven-year occupancy condition, leading to concerns regarding speculative development in a rural area.
Decision Maker's Conclusion
- The applicant has not demonstrated compliance with the 'local need' criteria as defined in Policy RH2 and Table 4.3 of the Kildare County Development Plan 2017-2023.
- As the applicant is a tenant rather than the owner, they lack sufficient interest in the land to commit to the mandatory seven-year occupancy condition required by Policy RH5.
- Granting retention would consolidate a speculative form of development not linked to a genuine local housing need, thereby materially contravening the rural housing policies of the Development Plan.
Cited Policies (CDP)
Policy RH 2Policy RH 3Policy RH 4Policy RH 5Policy RH 9Policy RH 10Policy RH 11Policy RH 12Policy RH 14Policy RH 15Policy RR 2Table 4.3National Planning Framework Objective 19
Decision Document Summary
This application sought the retention of a dwelling house and a detached garage with a gym/playroom at Crookstown Lower, Ballitore, Co. Kildare. The site is located in a rural area under urban influence on a 0.4Ha plot. The planning authority recommended refusal because the applicant failed to prove a genuine local housing need and, due to their status as a tenant, could not legally fulfill the required occupancy conditions. The council determined that the proposal would facilitate speculative d...SOURCE PDFOpen Original
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