Core Refusal Reason
The application was refused primarily due to the applicant's failure to demonstrate a secure legal right of way for vehicular access and the inability to provide adequate sight visibility at the junction with the public road, posing a traffic hazard.
Decision Maker's Conclusion
- The applicant failed to provide written consent from relevant landowners or sufficient evidence of ownership to ensure the maintenance and unobstructed use of the private roadway in perpetuity.
- The required visibility splays at the junction of the private road and the L-3407 traverse third-party lands not within the applicant's control, meaning safe sight distances cannot be guaranteed.
- The proposed development would endanger public safety by reason of a traffic hazard and is contrary to the proper planning and sustainable development of the area as defined in the County Development Plan 2022-2028.
Cited Policies (CDP)
Objective RHO2Chapter 13 - Development Management StandardsDM Standard 28DM Standard 30
Decision Document Summary
The proposal involved the construction of a 267 sqm dwelling house, garage, and wastewater treatment system at Hampstead, Galway East. Although the applicant addressed initial concerns regarding the building's height and design through a further information response, the planning authority ultimately refused permission. The refusal was based on critical deficiencies in access arrangements, specifically the lack of proven legal right of way over a private road and inadequate sight distances at th...SOURCE PDFOpen Original
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