A decision to refuse permission for eight houses in Tralee has been upheld by the planning appeals board.
Griffin Bros Construction Limited want to build eight houses at Caherweesheen, Tralee, consisting of four semi-detached and four terraced houses.
In September, Kerry County Council refused permission for the development pointing to a condition previously attached to the site that a creche would be provided by the developer and the lack of a flood risk report.
Griffin Brothers said planning was secured for a creche but after making market enquiries there was no uptake and they couldn't find an operator; construction was delayed and planning has now lapsed.
Following more recent enquiries, the developer says the area is well served by childcare facilities.
The applicants said a flood risk assessment is not needed as it was carried out in the original planning process.
The decision was appealed to An Bord Pleanála which has also refused permission.
The board cited flood risk at the site, the previous planning condition relating to the provision of a creche and a lack of information about the risk to water quality in a stream beside the site.