Core Refusal Reason
Failure to demonstrate sufficient legal interest or control over adjoining lands to achieve and maintain the required 120m sightlines, resulting in a traffic hazard on a high-speed regional road.
Decision Maker's Conclusion
- The applicant failed to demonstrate the necessary legal interest or control to maintain adjoining private lands free of impediments to the east and west, which is required to provide the 120m sightlines necessary for safe access.
- The proposed development would endanger public safety by reason of a traffic hazard and obstruction of road users due to limited visibility at the site entrance onto the R365 regional road, where an 80kph speed limit applies.
- The proposal is contrary to DM Standard 28 of the Galway County Development Plan 2022-2028 and would be inconsistent with the proper planning and sustainable development of the area.
Cited Policies (CDP)
Policy Objective RH3Section 4.6.2Section 7.5Section 14.6Section 15.2.2Section 15.3.1Section 15.5.2Section 15.6.1Section 15.7.2DM Standard 6DM Standard 8DM Standard 9DM Standard 11DM Standard 28DM Standard 36DM Standard 38DM Standard 47DM Standard 50
Decision Document Summary
Patrick Costello applied for permission to construct a two-storey, four-bedroom dwelling, domestic garage, and wastewater treatment system at Gorteen, Mountbellew, Co. Galway. The site is located in a rural area classified as 'structurally weak' and adjoins the R365 regional road. While other technical issues regarding wastewater and design were partially addressed through further information, the application was ultimately refused because the applicant could not prove full legal control over th...SOURCE PDFOpen Original
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