2660001

to construct a dwelling house with treatment plant and percolation area

Refused

Core Refusal Reason

The application was refused due to a lack of demonstrated legal interest in the private access road and water connection route, combined with concerns that the remote siting and long internal driveway constitute disorderly, haphazard development that fails to integrate into the rural landscape.

Decision Maker's Conclusion

  • The applicant failed to demonstrate sufficient legal interest or a right-of-way over the private section of the access roadway and the route for the proposed water mains extension, both of which are located outside the application site boundaries.
  • The proposed development, characterized by remote siting and a substantial 176m internal access road, is considered disorderly and haphazard, failing to respect the established building line or assimilate effectively into the receiving landscape.
  • Permitting the development would set an undesirable precedent for similar future development and would be contrary to several Development Management standards and policy objectives intended to protect rural character and public safety.

Cited Policies (CDP)

Section 4.6Section 4.6.1Section 7.5.3Section 8.13Section 10.6Section 10.15Section 12.6.11Policy Objective ARC 5Section 14.4Section 14.6Section 15.2.4Section 15.3.1Section 15.6Section 15.7.2Section 15.13.2Policy Objective RH2Policy Objective RH 9DM Standard 8DM Standard 29DM Standard 30DM Standard 36DM Standard 46

Decision Document Summary

Erica Madden sought permission to construct a 1.5-storey dwelling house and wastewater treatment system at Rahard, Athenry, Co. Galway. While the applicant successfully established a rural housing need under Policy Objective RH2, the Planning Authority refused the application primarily because the applicant could not prove legal interest in the private roadway required for access and water services. Furthermore, the remote siting of the house, requiring a long internal driveway far removed from ...
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