Core Refusal Reason
The proposed development was refused due to its backland location and inadequate separation distances from neighboring dwellings, which would result in adverse impacts on residential amenity.
Decision Maker's Conclusion
- The proposed slatted shed is situated in a backland location with separation distances of only 27.5m and 29m from adjacent residential properties, which is significantly below the standard 100m requirement.
- The proximity of the livestock unit would cause injury to the amenities of neighboring residents through noise, nuisance, odour, and general disturbance associated with the facility and its new entrance.
- The development would constitute disorderly development and would be contrary to the proper planning and sustainable development of the area.
Cited Policies (CDP)
CDP 11.39CDP 11.26CDP 11.27CDP 15.3CDP 15.4CDP 14.2
Decision Document Summary
Nicholas O'Dwyer applied for permission to construct a 277m² livestock slatted unit and a new agricultural entrance at Caherogan, Miltown Malbay, Co. Clare. The site is located in a 'settled landscape' and is characterized by its backland nature, positioned between existing residential dwellings. Clare County Council refused the application because the proposed shed's proximity to neighboring houses was deemed entirely inadequate to protect residential amenity, concluding that the resulting nois...SOURCE PDFOpen Original
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