07 Dec 2021

New house for Kilkenny's Patrick Street refused over 'negative impact'

An Bord Pleanala inspector: ‘Inefficient use’ of zoned and serviced land in city

Bord Pleanala

File Photo: The Bord decided to refuse permission

Plans to construct a two-storey ‘dormer’ house to the rear of a building on Patrick Street in Kilkenny have been shut down by An Bord Pleanala.

The applicant was seeking to build the structure in a garden to the rear of 103 Patrick Street. That building is a three-storey terraced townhouse, which is included on the National Inventory of Architectural Heritage.

The proposed development comprised the construction of a storey and a half /dormer style house located on the site to the rear of 103. It was proposed to be located so that it would be separated from the existing house by about 21 metres.

The design of the proposed house was such that it would be two storey on the southwest-facing elevation, and single storey on the northeast-facing elevation, which faces towards the rear of the buildings on Patrick Street. The floor area of the proposed dwelling was to be 135sqm, and its overall height to roof level was indicated as just shy of seven metres.

Last July, Kilkenny County Council refused permission for the proposal. It said that, having regard to the location of the site in the garden of a dwelling forming part of a terrace, it was considered the proposed development would result in development which would be ‘haphazard and uncoordinated and would be prejudicial to the overall proper planning and sustainable development of the area’.

But the applicant appealed that decision to An Bord Pleanala. Among several reasons listed, it said out the proposed house would not overlook surrounding properties. It argued the proposal was not a large redevelopment, would bring an underused and neglected backland site into use, and would not impact on the streetscape or the setting of any protected structure.

At the end of last year, the Bord sent an inspector to visit the site and form his own conclusions. Following that visit, inspector Stephen Kay recommended permission be refused, suggesting ‘the proposed development would represent an inefficient use of zoned and serviced city centre lands’.

He agreed it would be a ‘haphazard and uncoordinated form of backland development’ that would compromise the future comprehensive development of these backland areas, and also said the proposed development would have a negative impact on the residential amenity of a neighbouring building.

In its direction, the Bord decided to refuse permission, generally in accordance with its inspector’s recommendation. It concurred the development would be an inefficient use of the zoned and serviced land.

The Bord also said that the development as proposed ‘would have a negative impact on the residential amenity’ of occupants of neighbouring apartments, due to its ‘overbearing visual impact and loss of aspect’.

“The proposed development would therefore seriously injure the amenities and depreciate the value of property in the vicinity and would be contrary to the proper planning and sustainable development of the area,” notes the direction.

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