Core Refusal Reason
The development is prejudicial to public health due to a non-compliant wastewater treatment system and observed foul water ponding on the site.
Decision Maker's Conclusion
- The existing wastewater treatment system fails to meet EPA Code of Practice distance requirements and shows evidence of extensive foul water ponding adjacent to the soil polishing filter.
- There is no planning record or site suitability assessment for the 60 sq m soil polishing filter currently installed on the site.
- The retention of the development would set an undesirable precedent and contravenes County Development Plan policies regarding sustainable wastewater treatment.
Cited Policies (CDP)
Section 12.3.10.9
Decision Document Summary
The applicant sought retention permission for a single-storey flat roof shed at Hillview, Kilmashogue Lane, Rathfarnham. The local authority refused the application primarily because the site's wastewater treatment infrastructure is inadequate and potentially hazardous to public health. An inspection by the Environmental Health Office confirmed foul water ponding, and the existing soil polishing filter lacks both planning authorization and compliance with the EPA Code of Practice, thereby violat...SOURCE PDFOpen Original
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