Core Refusal Reason
The application was refused due to procedural failures in environmental assessment (rNIS), the unsuitability of a private wastewater system in an urban area, and the negative impact on residential amenity caused by unauthorized site level increases.
Decision Maker's Conclusion
- The submitted Remedial Natura Impact Statement was procedurally incorrect as it referred to the wrong planning authority and failed to follow the mandatory sequence for Stage 1 Appropriate Assessment screening.
- The applicant failed to demonstrate that the retention of a septic tank and wastewater system in a built-up urban environment complies with EPA standards or represents a better solution than a public sewer connection.
- The unauthorized increase in site levels, despite a proposal for marginal reduction, results in undue overlooking of adjacent properties and significantly detracts from the privacy and residential amenity of the area.
Cited Policies (CDP)
Section 11.3.1 (e) DaylightPolicy 5.3 Protected Spaces: Sites of European, National and Local Ecological ImportanceSection 11.33 Appropriate Assessment
Decision Document Summary
The applicant sought retention permission for extensive unauthorized works at 46 Dalysfort Road, Salthill, including a 78sqm floor area increase, various window alterations, a detached garage, a wastewater treatment system, and significantly raised ground levels. The site is located in a mature residential area zoned for the protection of existing amenities. Galway City Council refused the application because the environmental assessments were fundamentally flawed, the wastewater proposals were ...SOURCE PDFOpen Original
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