Core Planning Reasoning
The proposed development was refused primarily due to a failure to demonstrate that the site can adequately treat and dispose of domestic effluent in accordance with the EPA Code of Practice 2021, and a lack of technical information regarding the sustainable management of surface water on a site with shallow bedrock.
Decision Maker's Conclusion
- The Inspector determined that the applicant failed to prove with certainty that the required minimum depth of unsaturated soil/subsoil (0.9m) is available over fractured bedrock for safe effluent attenuation.
- The proposed wastewater treatment system design was found to be technically deficient, specifically featuring an undersized sand polishing filter (3sqm proposed vs 15sqm required) which would lead to system failure and public health risks.
- In the absence of percolation tests or design details for surface water soakaways on a site with visible rock outcrops, the Inspector concluded the development poses a risk of environmental contamination and potential flooding.
Cited Policies (CDP)
RP 5-5: Tourism and Rural Diversification AreaRP 5-23: Servicing Single Houses (and ancillary development) in Rural AreasChapter 5 RuralChapter 11 Water ManagementWM 11-1: EU Water Framework Directive and the River Basin Management PlanWM 11-8: Water Supply
Decision Document Summary
The applicant sought permission for a 180sqm 4-bedroom dwelling and a waste water treatment system (WWTS) on a 0.54ha site in Dromsullivan South, Bantry, Co. Cork. Located within a 'Tourism and Rural Diversification Area' and a 'High Value Landscape,' the site is characterized by rocky outcrops and a stream on its northwestern boundary. While West Cork County Council originally granted permission, the Inspector recommended refusal following a third-party appeal. Key arguments centered on the sit...SOURCE PDFOpen Original
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