Core Refusal Reason
The site is unsuitable for the safe disposal of treated effluent due to a high water table, poor soil drainage characteristics, and an inadequately sized and poorly located percolation area.
Decision Maker's Conclusion
- The site exhibits elevated water table levels and poor drainage characteristics, including heavy clay soils and the presence of indicator species like rushes and ferns.
- The proposed wastewater treatment system and percolation area are poorly sited and undersized, failing to comply with the minimum separation distances required by the EPA Code of Practice 2021.
- The development would result in piecemeal, uncoordinated backland development that would erode the rural upland landscape character and set an undesirable precedent.
Cited Policies (CDP)
Decision Document Summary
Niamh Malone applied for permission to construct a single-storey dwelling and a wastewater treatment system on a backland greenfield site in Ballyshane, Inistioge, Co. Kilkenny. Although the applicant demonstrated a social need to live in the area in accordance with rural housing policy, the proposal was refused due to significant hydrological constraints. The Planning Authority determined that the site's high water table and poor drainage make it incapable of safely disposing of effluent, posin...SOURCE PDFOpen Original
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