Core Refusal Reason
The application was refused due to the applicants' failure to demonstrate compliance with a lifetime enurement clause attached to the parent permission and the inability to prove that the existing wastewater treatment system provides for the safe disposal of domestic effluent.
Decision Maker's Conclusion
- The applicants failed to provide sufficient documentary evidence to demonstrate they meet the criteria of the enurement clause or that they have maintained permanent residency in the property for a continuous seven-year period.
- The Planning Authority is not satisfied that the safe disposal of domestic effluent can be guaranteed, as the existing system was not installed as permitted and the necessary upgrades identified in the site report were not part of the application.
- Granting permission would materially contravene Condition No. 10 of the parent permission (Pl. Ref. 05/4233), would be prejudicial to public health, and would pose an unacceptable risk to receiving waters.
Cited Policies (CDP)
Policy Objective WW6DM Standard 38Policy Objective LCM1DM Standard 6Policy Objective RH 2Policy Objective RH 4Policy Objective RH 5DM Standard 7DM Standard 8DM Standard 9DM Standard 11DM Standard 28DM Standard 29DM Standard 36DM Standard 37DM Standard 46DM Standard 47DM Standard 50DM Standard 67
Decision Document Summary
The proposal sought the retention of a two-storey dwelling, a garage/shed, and an effluent treatment system, as well as the removal of an enurement clause at a site in Barr an Doire, An Ceathrú Rua, Co. Galway. The subject site is located within a Class 3 Special Landscape Sensitivity area and the Gaeltacht. Galway County Council refused the application primarily because the applicants did not demonstrate compliance with the local housing need requirements of the original planning permission and...SOURCE PDFOpen Original
Note: If code appears below, the council site is blocking the preview. Please open the original file.