Tuesday, 4 December 2007

Typing error led to development getting planning

A HOUSING development planned for the Spa outside Tralee was mistakenly granted planning permission by Kerry County Council because of a misprint in internal council documents.

Earlier this year developer John Cahillane, from Keel, was granted permission by the Councils planning office to demolish a house at Knockanish West, Ballygarron, The Spa, to make way for 16 traditional-style houses. However, this decision was appealed to An Bord Pleanála by a number of local residents who claimed the density of housing planned was too high and project would pose a traffic hazard.

In his report Planning Board inspector Terrance Kemmann Lane concluded that the original planning permission had been granted mistakenly as the planning office at the Council had received erroneous data on the density of housing allowed on the site. According to the official Spa Local Area Plan the site has an approved housing density of 3-4 dwellings per acre with higher densities only allowed in exceptional circumstances close to the village centre.

However, documentation supplied to the Council?s planning office stated the site had an approved density of 4 to 6 houses per acre. Subsequently planning permission was granted for the estate which had a housing density of 6 houses per acre.

In their submission to An Bord Pleanála regarding the case, the Council admitted a typing mistake resulted in the planning office receiving incorrect information on the approved site density.

?It is admitted that there was a typing error, and that the density for The Spa area as adopted by the elected members of Kerry County Council is 3-4 dwellings per acre,? the Kerry County Council submission states.

The Planning Board ruled that that the density of the proposed development was too large for the site.The plan clearly allows for a density of 3-4 dwellings per acre, and there is nothing in this proposal which amounts to exceptional circumstances which would justify a higher figure,? the report states.In this regard the planner?s report appears to have taken a mistaken approach to density. Bearing in mind that the nature of development in the immediate vicinity and that there is little in the way of facilities and amenities in The Spa, I consider that this density is unacceptably high,? the report states.

The planning board upheld the appeal and permission for the development has been overturned.

The Kerryman

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