Core Refusal Reason
The application was refused due to the site's physical unsuitability for wastewater treatment, the applicant's failure to demonstrate a genuine rural housing need, and inadequate provision for sightlines and surface water drainage.
Decision Maker's Conclusion
- The applicant failed to demonstrate that the site could safely accommodate an on-site wastewater treatment system without risking public health or the environment, particularly given the shallow bedrock and proximity to neighboring wells.
- The proposal does not comply with the rural housing policy for an 'Area Under Urban Influence' as the applicant's housing need was previously satisfied by a dwelling (ref 09/225) currently listed for sale.
- The application lacked sufficient detail to ensure safe surface water disposal and the provision of necessary sightlines at the entrance, creating potential traffic hazards.
Cited Policies (CDP)
Section 7.8.4
Decision Document Summary
Cathal Dempsey sought permission to construct a single-story dwelling with a private well and wastewater treatment system at Hugginstown Lower, Co. Kilkenny, a rural area designated as being under urban influence. Kilkenny County Council refused the application on four grounds: the site's physical constraints (shallow bedrock and steep slopes) made safe effluent disposal unproven; the applicant failed to meet rural housing criteria as they had previously owned a rural home; and there were unreso...SOURCE PDFOpen Original
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