Core Refusal Reason
The application was refused because one of the structures intended for retention as a garage is being used as an unauthorized habitable unit, and both structures are sited in breach of wastewater treatment safety standards.
Decision Maker's Conclusion
- The structure identified as 'Domestic Garage 1' functions as a self-contained habitable unit with a kitchen and living area, which is contrary to DM Standard 6 and would set an undesirable precedent for haphazard development.
- The two structures are located in dangerously close proximity to the existing wastewater treatment system and percolation area, failing to meet the requirements of the EPA Code of Practice.
- The applicant failed to provide necessary technical details regarding the capacity of the existing wastewater system or the presence of sanitary facilities within the structures to ensure public health and environmental safety.
Cited Policies (CDP)
RH 5DM Standard 6DM Standard 1DM Standard 8DM Standard 11DM Standard 29DM Standard 46DM Standard 50Section 15.2.2Section 15.3.1Section 15.7.2NHB 1NHB 2NHB 3WR 1
Decision Document Summary
Brendan & Riona Carr sought retention permission for two existing domestic garages/turf sheds at a rural site in Cluain Mhic Cáinín, Castlegar, Co. Galway. While the structures were consistent in design with the main dwelling, a site inspection revealed that one garage was being utilized as an independent habitable unit. Galway County Council refused the application on the grounds that this unauthorized use violates development standards for ancillary structures and that the siting of the buildi...SOURCE PDFOpen Original
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