212253

for the demolition of the existing kitcken at the rear of the house and the construction of a new 2 story extension at the rear of the original house as well as internal and external alterations to the original house. Gross floor space of proposed works 141.68 sqm

Refused

Core Refusal Reason

The proposed wastewater treatment system's polishing filter is located on lands across the road, outside the planning unit and the applicants' control, making it legally unenforceable and a risk to public health.

Decision Maker's Conclusion

  • The proposed tertiary wastewater treatment area is located on a separate land parcel across a public road, which is outside the defined planning unit and not within the applicants' legal control.
  • The development cannot be implemented or conditioned in accordance with Section 34(4)(a) of the Planning and Development Act 2000 because the essential treatment infrastructure is situated outside the application site boundary.
  • Granting permission for a residential extension with an unenforceable and detached effluent treatment solution would be prejudicial to public health and contrary to the proper planning and sustainable development of the area.

Cited Policies (CDP)

Chapter 3 - Section 3.9 Rural Housing Policies and ObjectivesChapter 9 - Section 9.10.1 Landscape Conservation and ManagementChapter 13 - Section 13.3 Guidelines for Residential Development (Urban and Rural)Chapter 13 - Section 13.4 Rural Residential ConsiderationsDesign Guidelines for the Single Rural HouseGalway County Development Plan 2015-2021Galway County Development Plan 2022-2028

Decision Document Summary

Brendan and Sophie Conroy applied for permission to demolish an existing kitchen and construct a new story extension to a dwelling at Derrycallan North, Gort, Co. Galway. The site is situated within the Slieve Aughty Mountains SPA and a Class 2 landscape. Although the principle of the extension was considered acceptable, the application was refused because the proposed wastewater treatment system's polishing filter was located on lands across the road, outside the planning unit. The Planning Aut...
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