211004
CONSTRUCT (A) 10 NUMBER 2 STOREY SEMI DETACHED DWELLING HOUSES AND (B) 2 NUMBER 2 STOREY APARTMENT BLOCKS CONSISTING OF 4 NUMBER APARTMENTS IN EACH ALL SERVED BY AN ACCESS ROAD AND CONNECTED TO PUBLIC SERVICES AND ALSO TO INCLUDE ASSOCIATED SITE WORKS. A NATURA IMPACT STATEMENT (NIS) HAS BEEN SUBMITTED WITH THE APPLICATION
Refused
Core Refusal Reason
The development was refused due to wastewater treatment capacity constraints, adverse impacts on neighboring residential amenities, and insufficient evidence of legal rights to access necessary services.
Decision Maker's Conclusion
- The project is premature due to capacity deficiencies at the Kenmare Wastewater Treatment Plant, which could lead to public health issues and negative impacts on the Kenmare River cSAC.
- The proposed apartment structures would result in overlooking and overshadowing of adjoining residential properties, negatively affecting their amenity and value.
- The applicant did not sufficiently demonstrate the legal right to access or install underground services across the private estate roadway to connect the site to public infrastructure.
Cited Policies (CDP)
Decision Document Summary
This application by Ross Building & Maintenance Solutions Ltd. proposed the construction of 10 semi-detached houses and 8 apartments at Bothar Finnihy, Glanerought Estate, Kenmare, Co. Kerry. Kerry County Council refused permission based on four grounds: the prematurity of the development relative to wastewater treatment capacity constraints, the potential for overlooking and overshadowing of adjacent homes, and the failure to prove legal access to service infrastructure. The decision emphasizes...SOURCE PDFOpen Original
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