BREAKING: Permission refused for major housing and commercial development in Kilkenny

Permission has been refused by An Bord Pleanála for 53 dwellings (11 houses, 24 duplex units and 18 apartments), including a commercial (retail/restaurant) unit at Rath Ullord, Bonnetsrath, Kilkenny.

Permission had also been sought by Madill Property Limited for all associated site development, landscaping, and access works.

The application had originally been granted conditional planning permission to proceed from Kilkenny County Council, before being appealed to An Bord Pleanála.

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An inspection of the site then took place and the inspector recommended 'that the Board partially uphold the decision of Kilkenny County Council and that permission be granted for the 11 houses, with the apartments/duplexes and commercial unit being omitted from the development'.

The Board subsequently decided by a majority of 2:1 to refuse permission for the following reasons and considerations.

Reasons and Considerations

"Having regard to the Kilkenny County Development Plan 2021-2027, the objectives of the two zoning designations at the site - Existing Low Density Residential and General Business, and the pattern of development and character of the area it is considered that the proposed development, by reason of the height of Block A at four storeys, and the scale, massing and form of the two blocks (encompassing the apartments, duplexes and commercial unit), does not adequately respond to the natural and built context, would provide an abrupt transition between adjoining land use zones, and would be visually discordant with the character of the area. The proposed development would therefore be contrary to the proper planning and sustainable development of the area.

"In deciding not to accept the Inspector's recommendation to grant permission, while the Board did not concur with the inspector that the provision of a predominantly residential development would be contrary to the overall intent of the General Business zoning objective, and while recognising the need to achieve higher residential densities in appropriate locations, the Board agreed with the inspector that the scale, massing and form of the two blocks was excessive. The Board considered however that it would be preferable, in the interest of proper planning and sustainable development, for the total site to be reconsidered as part of any future redesign rather than the Board granting permission for the quantum of the proposed development recommended by the Inspector."

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