Core Refusal Reason
Non-compliance with rural housing need and access restrictions on a regional road, combined with inadequate evidence of site suitability for wastewater disposal.
Decision Maker's Conclusion
- The applicant failed to demonstrate a functional rural housing need or provide sufficient justification for a new access onto a restricted Class II Controlled Regional Road (R358), which would prejudice traffic safety and the free flow of traffic.
- The proposed development is contrary to Objective TI6 and DM Standard 18 of the Galway County Development Plan 2015-2021, which restricts new housing accesses onto regional roads outside of 50-60kmp speed zones.
- The planning authority is not satisfied that the subsoil characteristics are capable of safely disposing of domestic effluent, as the site characterisation report was based on testing conducted outside the height of the winter watertable, contrary to Objective WW5 and the EPA Code of Practice.
Cited Policies (CDP)
Objective RHO2DMS 18(b)Chapter 13 - Development Management StandardsObjective TI6DM Standard 18Objective WW5DMS 21
Decision Document Summary
Tanya Donnellan sought permission to construct a single-storey dwelling, garage, and wastewater treatment system at Kilglass, Ballinasloe, located approximately 2km northwest of Ahascragh. The site is situated on a Class II Controlled Regional Road (R358) within a 'Structurally Weak' rural area. The application was refused primarily because the applicant failed to demonstrate a specific rural housing need or justify a new access onto a restricted road, which would negatively impact traffic safet...SOURCE PDFOpen Original
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