A Kerry County Council decision to refuse permission for eight houses in Tralee has been appealed.
The local authority pointed 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 Bros Construction Limited want to build eight houses at Caherweesheen, Tralee consisting of four semi-detached and four terraced houses.
18 submissions were received from third parties, including from residents, who claimed there has been an ongoing maintenance issues at the Cois Abhann estate; they said the developers had failed to comply with previous planning permissions.
They also raised concerns about flood risk, housing density, loss of amenity space and increased traffic.
Kerry County Council refused saying the proposed development would materially contravene a condition of the existing planning permission to provide a childcare facility at this location and would contravene the County Development Plan.
Planners also said in the absence of a flood risk assessment they would not be satisfied the proposed development would not be at risk of flooding.
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.
They added it is disappointing that the planning authority should use an expired previous planning decision to avoid what appears to be the most logical decision.
The decision has been appealed to An Bord Pleanála with a decision due by February 9th next year.
