Core Refusal Reason
The proposed development is unable to provide a safe and compliant wastewater treatment system due to poor ground conditions, restricted site size, and the determination that the existing structure is agricultural rather than domestic, posing an unacceptable risk to public health and groundwater.
Decision Maker's Conclusion
- The Planning Authority determined that the subject structure is agricultural in nature and lacks an existing domestic wastewater system, thereby precluding the use of variances allowed for upgrades under Section 1.3 of the EPA Code of Practice 2021.
- Given the failed percolation tests, the restricted site area of 0.11 ha, and its location in an area of extreme groundwater vulnerability, the site cannot adequately accommodate a wastewater treatment system without presenting a risk of pollution.
- The development is contrary to Policy WWT POL 1 of the Leitrim County Development Plan 2023-2029, would be prejudicial to public health, and fails to meet required traffic safety standards regarding sightlines.
Cited Policies (CDP)
Section 3.17.4Section 11.3NH POL 1NH POL 5Section 3.17.6Section 13.10.10Section 13.11Section 9.7WWT POL 1Section 13.17.3Section 13.16.4Table 13.5Section 13.16
Decision Document Summary
The applicant sought permission for a single-storey extension, elevational changes, and a wastewater system upgrade for a structure at Gowlaun, Drumkeeran, Co. Leitrim. The Planning Authority refused the application primarily because the structure was identified as an agricultural shed rather than a dwelling, meaning it did not have an existing system to 'upgrade'. Due to the site's small size, poor soil drainage, and extreme groundwater vulnerability, the inspector concluded that a new wastewat...SOURCE PDFOpen Original
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