Core Refusal Reason
The application was refused due to the failure to demonstrate a rural-generated housing need, substandard and hazardous vehicular access, and a lack of legal consent for necessary infrastructure wayleaves in a high-sensitivity Karst landscape.
Decision Maker's Conclusion
- The applicants failed to demonstrate a genuine rural-generated housing need for this specific high-sensitivity landscape area as required by Policy Objectives RH 2 and RH 4 of the County Development Plan.
- The proposed development relies on a substandard private laneway with inadequate sight distances and lacks evidence of legal wayleaves for access and water connection, posing a significant traffic hazard and public health risk.
- The siting of the dwelling in a designated Karst landscape would result in a visually obtrusive, haphazard form of development that interferes with the area's character and sets an undesirable precedent for future development.
Cited Policies (CDP)
Section 4.6Section 4.6.3Section 6.17Section 8.13Section 10.6Section 10.15Section 14.4Section 14.6Chapter 15Policy Objective RH 2Policy Objective RH 4Policy Objective RH 9Policy Objective LCM 1Policy Objective LCM 2Policy Objective LCM 3DM Standard 6DM Standard 7DM Standard 8DM Standard 28DM Standard 30DM Standard 46DM Standard 50Policy Objective WS 5Policy Objective NBH 1Policy Objective NHB 2Policy Objective NHB 3Policy Objective WR 1
Decision Document Summary
Tom and Helena Portman sought permission to construct a dwelling house and wastewater treatment system on a 0.340 Ha greenfield agricultural site at Mountscribe, Kinvara, Co. Galway. The site is located within a high-sensitivity Karst landscape and is accessed via a narrow private laneway. Galway County Council refused the application on five grounds, primarily citing the applicants' failure to prove a rural housing need, the substandard nature of the access road which would endanger public safe...SOURCE PDFOpen Original
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