Latest refusal decisions.

The proposal, by means of the excessive amount of hardstanding in the front garden area and excessive width of the vehicular entrance, would detract from the character and appearance of the host property and the suburban area. The proposal is visually obtrusive in the street scene and is considered to be contrary to section 11.8.5 Parking in Front Gardens of the Limerick Development Plan (2022 -2028) and the proper planning and sustainable development of the area.

The permission has not commenced therefore it is considered that the extension of duration does not comply with the requirements of Section 42(1)(a)(i) (I) and (II) of the Planning and Development Act, 2000, (as amended).

The site of the proposed development is located within the Area of Strong Urban Influence as defined in the Limerick Development Plan 2022-2028. Based on the absence of documentary evidence submitted with the application to demonstrate compliance with housing policy and specifically evidence of living in the local area for at least 10 years, it is considered that the applicant does not come within the scope of the housing need criteria as set out in Objective HO O20 Rural Areas under Strong Urban Influence of the Development Plan, and as such, the proposed development would materially contravene the objectives of the Limerick Development Plan 2022-2028 in relation to rural settlement and be contrary to the proper planning and sustainable development of the area.

1. The proposed development, comprising the use of an existing garage structure as a kennel facility associated with a charitable animal rescue operation, would constitute a use that is separate and distinct, and not incidental or ancillary to the residential use of the dwellinghouse. The proposed use would therefore represent a material change of use of the structure. Furthermore, the development would be contrary to Condition No.3 of Planning Permission Ref. 22/1254 which restricts the use of the garage to purposes ancillary to the enjoyment of the dwellinghouse. The proposed development would therefore contravene the existing planning permission and would be contrary to the proper planning and sustainable development of the area.
2. The proposed kennel use, by reason of the nature of the activity, and in the absence of mitigation measures, would generate noise, odour and general disturbance that would adversely affect the residential amenities of adjoining properties and the wider rural area. The Planning Authority is not satisfied that the site is suitable for the proposed use or that adequate measures have been demonstrated to prevent unacceptable impacts on the amenities of neighbouring residents. The proposal is therefore contrary to Objective HO O3 – Protection of Existing Residential Amenity of the Limerick Development Plan 2022-2028 and would be contrary to the proper planning and sustainable development of the area.
3. The Camogue River is adjacent to the site and is a potential pathway to the Lower River Shannon Special Area of Conservation (site code 002165). As no details are included in relation to effluent management on site and a potential pathway has been identified, the Planning Authority cannot be satisfied that the proposed development individually or in combination with other plans or projects, would not result in adverse effects on the integrity of the Lower River Shannon SAC in view of the sites conservation objectives. The development would, therefore, be contrary to Objective EH O1 Designated Sites and Habitats Directive and the proper planning and sustainable development of the area.

1. Having regard to the site assessment and characteristics of the site, the evident highwater table and poor percolation qualities of the soil, the Planning Authority considers there is a risk of ponding and surface and ground water pollution. Therefore, and having regard to Objective IN O11, Private Waste Water Treatment of the Limerick Development Plan, in relation to the EPA Code of Practice for Domestic Waste Water Treatment Systems 2021; it is considered that the proposals would be prejudicial to public health because the site is considered unsuitable for the effective treatment and disposal of domestic effluent.
2. The proposal relates to a new build dwelling in the countryside. The site of the proposed development is located within the Area of Strong Urban Influence as defined in the Limerick Development Plan 2022 -2028. Insufficient information has been submitted, and it is considered that the applicant has not demonstrated compliance with the criteria as set out in Objective HO O20, Rural Areas under Strong Urban Influence of the Development Plan and as such, the proposed development would materially contravene the objectives of the Limerick Development Plan 2022 -2028 in relation to rural settlement, militate against the preservation of the rural environment and be contrary to the proper planning and sustainable development of the area.
3. The development is contrary to Objective HO O11, Subdivision of Dwelling to Accommodate Dependent Relative of the Limerick Development Plan 2022 -2028 which requires additional accommodation for older people by way of an extension attached to the main dwellings and outlines there will be a presumption against detached residential structures in all settings. Therefore, this proposal is considered contrary to the proper planning and sustainable development of the area as it is effectively detached.