2460132

the development will consist of the construction of a storey and a half style dwelling with a car port, a detached domestic garage, a domestic wastewater disposal system, new site entrance and all associated site works. Significant Further Information / Revised Plans submitted on this application.

Granted

Core Planning Reasoning

The applicant failed to provide sufficient documentary evidence to demonstrate a genuine rural housing need in an 'Area Under Strong Urban Influence', and the development is considered a traffic hazard as the necessary sightlines require works on third-party land outside the application red line and legal control of the applicant.

Decision Maker's Conclusion

  • The applicant failed to substantiate a demonstrable economic or social need to reside in the area as required by Policy RH-P-1 for areas under strong urban influence.
  • The proposed development would constitute a traffic hazard because the applicant does not have the legal interest to implement required visibility works on lands outside the application boundary.
  • Insufficient information was provided regarding the construction of the necessary access road and its potential hydrological impacts on the Lough Swilly SAC and SPA, precluding a grant of permission under Appropriate Assessment grounds.

Cited Policies (CDP)

Objective RH-O-1Objective H-O-2Objective RH-O-4Policy RH-P-1Policy RH-P-9Objective L-O-1Policy L-P-2Policy WW-O-1Policy W-P-2Policy WW-P-6Table 16.5

Decision Document Summary

The proposal involves the construction of a five-bedroom detached dwelling and a wastewater treatment system on a 0.198ha backland site in Crislaghmore, Co. Donegal. The site is located within an 'Area Under Strong Urban Influence' and an 'Area of High Scenic Amenity' near Fahan. While Donegal County Council originally granted permission, the Inspector recommended refusal following a third-party appeal. Key arguments centered on the lack of evidentiary proof for 'local need', as the applicant re...
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