An Bord Pleanála overturns decision to grant planning permission for apartments in Kerry town
Planning was refused on the basis that the apartments would impact on the privacy of a neighbouring guesthouse, and the developer's failure to provide a report into the possible effects of the construction of the apartments.
ABP refused planning permission for the demolition of a house and garage and the construction of six two-bed apartments and one three-bed apartment at Poulnamuck on the Muckross Road on Wednesday, May 7.
The development, proposed by Vincent Casey, would also have included the construction of a new site entrance, parking and ancillary services and areas.
The development was granted conditional planning permission by Kerry County Council in December. This decision was appealed to ABP by Mary Guerin, owner of the neighbouring Killarney View House.
An architect acting on behalf of Ms Guerin stated that 'we completely disagree with the provisional decision by Kerry Co Co granting permission'.
They said the overall footprint, scale and height of the proposed development would dwarf the immediate neighbouring residences, including Killarney View House.
It was also argued that the proposed development is 8.44m higher than the average existing ridge levels of neighbouring properties and this could lead to breach of privacy issues.
'My client currently runs the property as a guest house and has successfully done so for many years. The proposed development has a vast negative impact over my client's property and her current guesthouse business,' the architect acting for Ms Guerin stated.
'We believe that the proposed development will result in a decrease in guest numbers thus affecting their business future.'
ABP decided to overturn Kerry County Council's grant of planning for the development despite receiving a recommendation that the decision should be upheld, subject to conditions, following an inspection in February.
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The body cited two reasons for its decision to refuse permission.
It considered the separation distances between the proposed development and the neighbouring property insufficient to protect the amenities of Killarney View House, which has both tourist accommodation and private residence.
The board said the limited separation distances provided between a number of windows to habitable rooms in the proposed development and its northern site boundary would adversely impact upon the guesthouse by way of overlooking and loss of privacy.
ABP also noted that there were alternative design solutions to protect the residential amenity of the neighbouring guesthouse, such as the separation distances provided between the proposed apartments and the dwelling on the associated landholding to the south.
Furthermore, the board considered there was inadequate information on file to carry out an Appropriate Assessment Screening, a survey of the potential adverse effects of the proposed development (in combination with other plans or projects) on Special Areas of Conservation and Special Protection Areas.
This was because the application did not include a Screening Report.
'… the Board cannot be satisfied that the proposed development individually, or in combination with other plans or projects would not be likely to have a significant effect on European site Killarney National Park, Macgillycuddy's Reeks and Caragh River Catchment Special Area of Conservation in view of the site's Conservation Objectives,' the board stated.
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