Core Refusal Reason
The applicant failed to demonstrate that the site has adequate sub-soil capacity to treat wastewater in accordance with EPA standards, posing a risk to public health and nearby European protected sites.
Decision Maker's Conclusion
- The site assessment failed to demonstrate that there is adequate suitable soil to treat wastewater in accordance with the requirements of the 2021 EPA Code of Practice for Domestic Wastewater Treatment Systems.
- The proposed development is considered prejudicial to public health and the protection of water quality due to the lack of demonstrated capacity for on-site effluent treatment.
- In the absence of evidence to the contrary, the Planning Authority is not satisfied that the development would not have adverse effects on the Mid-Clare Coast SPA and the Carrowmore Point to Spanish Point and Islands SAC, contravening Objective CDP 15.3.
Cited Policies (CDP)
CDP 4.9CDP 14.5CDP 15.3
Decision Document Summary
Deirdre Moroney applied for permission to construct a new dwelling house, garage, and wastewater treatment system at Caherush Quilty, Co. Clare, located within a designated rural cluster and Heritage Landscape. The application was refused by Clare County Council because the site characterisation failed to prove the ground's suitability for safe wastewater disposal under the 2021 EPA Code of Practice. Consequently, the council determined the proposal would be prejudicial to public health and coul...SOURCE PDFOpen Original
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