Core Refusal Reason
The application was refused due to the failure to demonstrate the planning legitimacy of the existing structure as a lawful dwelling and technical deficiencies in the site characterisation report regarding wastewater treatment suitability.
Decision Maker's Conclusion
- The applicant failed to provide conclusive evidence that the existing structure on-site constitutes a lawful dwellinghouse rather than an unauthorized chalet or ancillary building.
- The Site Characterisation Assessment Report contained significant deficiencies and inconsistencies, particularly regarding groundwater conditions and the presence of water in the trial hole, failing to meet EPA standards.
- The proposed development would facilitate the intensification of unauthorized development and pose an unacceptable risk to groundwater and surface water quality due to inadequate site suitability and access.
Cited Policies (CDP)
Policy Objective RC 2Policy Objective RH 9Policy Objective NBH 1Policy Objective NHB 3Policy Objective WR 1Policy Objective WS 4Policy Objective WS 7Policy Objective WW 6Policy Objective WW 8Policy Objective WW 11Policy Objective WM 2Policy Objective FL 2Policy Objective LCM 3DM Standard 7DM Standard 8DM Standard 9DM Standard 11DM Standard 28DM Standard 29DM Standard 30DM Standard 37DM Standard 38DM Standard 46DM Standard 47DM Standard 50DM Standard 63Policy Objective RH 4
Decision Document Summary
The proposal sought permission for a new domestic sewage treatment system and soil polishing filter to serve an existing structure at Farravaun, Oughterard, Co. Galway. The site is located in a rural area near Lough Corrib. The Planning Authority refused the application primarily because the applicant could not prove the structure was a legally established residence, leading to concerns about intensifying unauthorized development. Additionally, technical assessments of the site's drainage capaci...SOURCE PDFOpen Original
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