20210270

Permission for the construction of a development of 19 no. Residential dwellings

Refused

Core Refusal Reason

The development is located within a 150m exclusion zone of a wastewater treatment plant, contrary to the Wexford County Development Plan, and relies on an inadequate laneway for access which poses a traffic hazard.

Decision Maker's Conclusion

  • The proposed residential units are located within a mandatory 150m exclusion/buffer zone for wastewater treatment plants as set out in Table 23 of the Development Plan, which is necessary to protect public health and residential amenity.
  • The existing rural laneway serving units 01 to 06 is inadequate in width and structural condition; the applicant failed to provide concrete plans for its upgrade, leading to a significant traffic safety risk.
  • While the Inspector acknowledged that wastewater capacity issues and surface water drainage concerns could potentially be resolved, the fundamental policy conflict regarding the buffer zone and the substandard access road justify a recommendation for refusal.

Cited Policies (CDP)

Section 3.4.8 (Strong Villages)Objective SS20Objective SS21Objective SS22Objective SS23Objective SS24Section 4.2.4 (Density)Section 4.2.5 (Design/Layout)Section 9.2 (Water and Wastewater Infrastructure)Table 23 (Buffer Zones around Wastewater Treatment Systems)Chapter 12 (Flood Risk Management)Chapter 17 (Design)Chapter 18 (Development Management Standards)Objective RSO01Objective RSO02Objective RSO06Objective RSO07

Decision Document Summary

The applicant, Cuidado Limited, sought permission for 19 residential units on a 0.8982-hectare site at Bearlough, Rosslare, Co. Wexford. The site is located on Grange Road and is adjacent to an Irish Water wastewater treatment plant. The Planning Authority initially refused permission on four grounds: location within a wastewater buffer zone, lack of plant capacity, inadequate access road, and unsuitable soil for drainage. In the appeal, the applicant provided updated feasibility from Irish Wate...
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