Appeal lodged after Tipperary council refuses planning for two Nenagh homes
A council decision to refuse planning permission for two homes in north Tipperary has been appealed to An Coimisiún Pleanála.
John Eustace was refused planning permission by Tipperary County Council to build two, three-bedroom bungalows, with car parking spaces, on a site at Coille Bheithe, Nenagh.
The local authority refused planning permission on the grounds that the proposed houses would result in the neighbouring properties being overlooked, and would potentially lead to antisocial behaviour in the area.
The proposal would "give rise to undue harm to the amenity of the occupiers of the residential property to the north-west in terms of loss of light, overshadowing impact,” the council said.
"The proposed development by reason of the relationship between Unit B and the neighbouring two-storey apartment block would give rise to a risk and fear of crime along with potential opportunities for anti-social behaviour,” the council added.
The council also said that as the site was zoned for amenity use, residential development there would be at odds with the local development plan, and would mean the existing housing estate would lose its green open space.
"The proposal would, if permitted, be at variance with the zoning provisions of the Nenagh and Environs Local Area Plan 2024 – 2030 for the lands and would result in the loss of public open space for an established housing development.”
In his appeal, Mr Eustace said that the site previously had planning permission for two two-storey buildings on it, and while this has now expired, is a relevant factor in the council’s decision.
"The current proposal therefore represents a substantial reduction in height, massing and intensity and gives rise to materially less potential for overshadowing and loss of light than what was previously acceptable in principle,” his appeal letter said.
“The proposed dwellings are single-storey bungalows with modest ridge heights significantly lower than the surrounding two-storey houses and apartment blocks,” he added.
Trees that are already planted within the estate cast more shadows on the existing houses, the appeal added.
"A continuous line of mature trees … exists immediately north of the proposed bungalows, and already casts substantial winter-time shadows across the adjoining lands.
"The appellant is prepared to accept a planning condition limiting the ridge height of both dwellings,” an agent for Mr Eustace said.
An Coimisiún Pleanála is due to make a decision on the application by May 18.