An Bord Pleanála

PLANNING AND DEVELOPMENT ACTS 2000 TO 2007

Kilkenny County

Planning Register Reference Number: 07/1374

An Bord Pleanála Reference Number: PL 10.228171

APPEAL by Patricia Cantlon of Cullintra House, The Rower, , County against the decision made on the 14 th day of February, 2008 by Kilkenny County Council to grant subject to conditions a permission to John Downey care of Larkin Associates of Main Street, , .

PROPOSED DEVELOPMENT: Erection of a part two-storey, part single storey 63 bed nursing home with ancillary rooms and ancillary site works on lands at Ballyfereen, The Rower, County Kilkenny.

DECISION

REFUSE permission for the above proposed development based on the reasons and considerations set out below.

MATTERS CONSIDERED

In making its decision, the Board had regard to those matters to which, by virtue of the Planning and Development Acts and Regulations made thereunder, it was required to have regard. Such matters included any submissions and observations received by it in accordance with statutory provisions.

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REASONS AND CONSIDERATIONS

1. It is the policy of the planning authority as set out in the Kilkenny County Development Plan 2002 to consolidate and strengthen existing settlements and to encourage development to locate in the designated towns and villages where infrastructural and social services exist or are planned to be provided, or where there is a basic nucleus of community facilities and services. These policies are considered to be reasonable. It is considered that the proposed development which constitutes a large scale, commercial development, located in a rural area lacking certain public services including water and sewerage and community facilities, would militate against the preservation of the rural environment, would be visually intrusive and out of character with the area and would lead to demands for the uneconomic provision of further services and community facilities. It is considered that the proposed development would therefore militate against the above policies and be contrary to the proper planning and sustainable development of the area.

2. The proposed development is located in a rural area, designated in the current Development Plan as an Area of High Amenity. It is policy of the planning authority as set out in the plan to protect and preserve the scenic amenity value of these areas. The proposed development by reason of its scale and mass, along with the loss of a substantial amount of the hedgerow fronting this site, would seriously injure the visual amenities of this area and would represent an unacceptable visual intrusion that would detract from the amenity of, and be inconsistent with the visual character of this Area of High Amenity. The proposed development would, therefore be contrary to the proper planning and sustainable development of the area.

3. The proposed development provides access onto the Regional Route R700 at a location where the 80km/h speed limit applies and where overtaking is permitted. It is the policy of the planning authority as set out in the current development plan for the area “to exercise control over new developments requiring direct access to regional roads of the County by restricting new access points to a minimum to preserve their strategic function and in the interests of traffic safety”. This policy is considered to be reasonable. The proposed development would be contrary to this general policy and the additional traffic turning movements generated by the proposed development would interfere with the safety and free flow of traffic on this road and would, therefore, be contrary to the proper planning and sustainable development of the area

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4. The proposed development proposes a standalone wastewater system discharging to ground in an area underlain by a locally important aquifer. The Board is not satisfied that the proposed development would not result in a disorderly form of development which would represent an unacceptable risk of water pollution. The proposed development would, therefore, be contrary to the proper planning and sustainable development of the area.

Member of An Bord Pleanála duly authorised to authenticate the seal of the Board.

Dated this day of 2008.

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