2660076

Permission for the development will consist of the renovation of an existing, single-storey derelict dwelling, and the construction of a new single storey extension, into a family home (with carport). The proposed works also involve the demolition of an existing lean-to on the road’s edge; to improve the existing site entrance sight lines and visibility; a new wastewater treatment system and percolation area; and a new bored well, together with all associated site development works.

Refused

Core Refusal Reason

The proposal failed to meet rural housing 'Local Needs' criteria for a new dwelling in an area under strong urban influence, as the existing structure was deemed ruinous rather than a refurbishable dwelling, and the proposed wastewater treatment system failed percolation standards.

Decision Maker's Conclusion

  • The existing stone structure is considered a ruin rather than a dwelling capable of renovation, meaning the proposal is assessed as a new rural house requiring the applicant to demonstrate compliance with Local Needs criteria, which was not provided.
  • Granting permission would set an undesirable precedent for circumventing rural housing policy in Rural Policy Zone 2, an area identified as being under strong urban influence.
  • The proposed wastewater treatment system is non-compliant with the EPA Code of Practice due to failed percolation tests, posing a significant risk of effluent ponding and public health hazards.

Cited Policies (CDP)

HOU 43Section 13.9.11Section 13.9.12Policy Objective IU 18HOU 48HOU 49BHC 42BHC 44Appendix 16Chapter 3Chapter 8Chapter 9Chapter 10Chapter 13

Decision Document Summary

Elaine and Trevor Kirwan sought permission for the renovation and extension of a derelict single-storey structure at Castlecoo Hill, Clogherhead, Co. Louth, to create a family home. The Planning Authority refused the application primarily because the structure was deemed too ruinous to qualify under refurbishment policies, necessitating a 'Local Needs' assessment which the applicants failed to satisfy for this restricted Rural Policy Zone. Furthermore, the site was found unsuitable for a private...
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