Core Refusal Reason
The applicant failed to provide legal consent or an easement from a third-party private developer for vehicular access and utility connections via a road that has not been taken in charge by the local authority.
Decision Maker's Conclusion
- The proposed development relies on vehicular access and connections to public water and sewer mains through private infrastructure for which no legal consent or easement from the third-party owner was furnished.
- Permitting the development without guaranteed access to essential utilities and infrastructure would result in haphazard and disorderly development.
- The proposal is contrary to Objective DS 12 of the Galway County Development Plan 2015-2021 and the proper planning and sustainable development of the area.
Cited Policies (CDP)
Objective DS 12Chapter 13 - Development Management StandardsGalway County Development Plan 2015-2021
Decision Document Summary
The proposal sought permission for a new dwelling at Kilgarve, Ballinasloe, on lands zoned for residential use. Although the principle of a dwelling was considered acceptable, the site is served by a private estate road that has not been taken in charge by the council. The application was refused because the applicant could not demonstrate a legal right of way or easement to access the site and connect to essential services (water and sewer) located within this private infrastructure, leading th...SOURCE PDFOpen Original
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