Core Refusal Reason
The proposal was refused because the access roadway contravenes a previous planning condition, the site is subject to a sterilisation agreement, and the development constitutes inappropriate backland housing that would lead to haphazard suburbanisation and negatively impact residential amenity.
Decision Maker's Conclusion
- The proposed access via the existing laneway materially contravenes Condition No. 3 of planning permission 00/1598, which explicitly prohibited the creation of a right of way or access road between the application site and the property to the north.
- The development is considered inappropriate backland development under Policy RH14, as it would negatively impact the residential amenity of adjacent third-party dwellings and fails to integrate properly with the existing pattern of development.
- The proposal would exacerbate an excessive density of haphazard and piecemeal one-off housing in a rural area, contributing to undesirable suburbanisation and contravening Policy RH9 of the Kildare County Development Plan 2017-2023.
Cited Policies (CDP)
Policy RH1Policy RH2Policy RH4Policy RH7Policy RH9Policy RH10Policy RH14Policy WM13
Decision Document Summary
Nicola Earley sought permission for the construction of a detached single-storey bungalow, a secondary effluent treatment system, and the retention of an existing access roadway at Stickins, Caragh, Co. Kildare. The site is located in a rural area characterized by one-off housing and is situated on a backland site behind existing dwellings. Kildare County Council refused the application because the proposed access violates a previous planning condition, the development constitutes haphazard back...SOURCE PDFOpen Original
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