The TD Michael Healy Rae has been refused permission for the conversion of the ground floor of a pub in Tralee to rental apartments.
The majority decision to refuse by the board is on the grounds the proposal would not meet satisfactory natural light or amenity standards for future occupants.
It is the second time the appeals board has overturned a decision by Kerry County Council to grant the well-known TD permission for a change of use for Nancy Myles Pub at Ballymullen, Tralee.
Residents locally had strongly objected.
The plans were for four apartments for residential use. The council decision was appealed by a number of local residents and a conservation organisation.
An Bord Pleanála voted two to one to refuse permission when it met in early May.
It is the second time the board has overturned Kerry County Council’s permission to convert the pub on appeal.
In doing so on this occasion, it voted against its own inspector who recommended grant of permission with conditions.
The Board refused permission on the grounds of limited natural light and too little private open space for future residents.
“Having regard to the layout of the proposed residential units, their limited level of natural light and the arrangements for private open space to serve the residential units, it is considered that the proposed development would fail to provide a satisfactory standard of amenity to meet the needs of future occupants,” it said.
The proposed development would, therefore, seriously injure the residential amenities of future residents, and would be contrary to the proper planning and sustainable development of the are, the board also ruled.
"In deciding not to accept the Inspector's recommendation to grant permission, the Board was not satisfied that the proposed development was appropriate in terms of the provision of necessary private open space, and in particular considered that the proposal, involving fenced off enclosures for each of the ground floor bedroom residential units, was unacceptable in terms of the necessary amenities for future residents.
“The Board did not agree with the Inspector, or the Planning Authority, that the current proposal overcame the reasons for refusal as outlined in the Board’s previous refusal for development on this site," An Bord Pleanála also said.