Core Refusal Reason
The application was refused due to the applicant's failure to demonstrate sufficient legal interest or landowner consent for the site, and because the proposal constitutes disorderly backland development that fails to integrate into the local landscape.
Decision Maker's Conclusion
- The Planning Authority is not satisfied that the applicant has sufficient legal interest in the lands or the necessary consent from the legal owner to carry out the proposed works.
- The proposal fails to comply with Policy Objective RH14 regarding backland development, as the applicant did not demonstrate they are an immediate family member (son/daughter) of the landholder.
- The proposed site configuration, including a substantial internal access road, constitutes disorderly and haphazard development that would fail to effectively assimilate into the landscape and set an undesirable precedent.
Cited Policies (CDP)
Policy Objective RH 2Policy Objective RH 9Policy Objective RH 14Policy Objective LCM 1Policy Objective LCM 2Policy Objective WW 6Policy Objective WW 10DM Standard 1DM Standard 6DM Standard 7DM Standard 8DM Standard 11DM Standard 28DM Standard 29DM Standard 36DM Standard 38DM Standard 47DM Standard 63Appendix V of GCDP 2022-2028
Decision Document Summary
The applicant, Cara Loughnane, sought permission to construct a 157.50 sqm single-storey dwelling, a domestic garage, and a wastewater treatment system at Ballydavid North, Athenry, Co. Galway. The site is located in a rural area under strong urban pressure (GCTPS zone) and is characterized as a backland site. Galway County Council refused the application because the applicant failed to resolve conflicting ownership information or provide formal landowner consent. Additionally, the Planning Auth...SOURCE PDFOpen Original
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