25163

to construct dwelling house, entrance, waste water treatment system and percolation area plus all ancillary site works

Refused

Core Refusal Reason

Failure to demonstrate that the site can safely accommodate a wastewater treatment system due to high water table levels, posing a significant risk to water quality and public health.

Decision Maker's Conclusion

  • The applicant failed to demonstrate that the site possesses adequate unsaturated sub-soil to effectively treat and dispose of foul effluent in accordance with the EPA Code of Practice 2021.
  • Evidence of soil mottling at depths as shallow as 250mm indicates a high water table, which would compromise the operation of the proposed soil polishing filter and lead to environmental risk.
  • The proposed development would be prejudicial to public health and would have adverse impacts on water quality, making it contrary to the proper planning and sustainable development of the area.

Cited Policies (CDP)

CDP4.16CDP10.11CDP14.2CDP15.3

Decision Document Summary

Grant Kelly sought permission for a single-storey rural dwelling, entrance, and wastewater treatment system at Moanmore Lower, Kilrush, Co. Clare. The site is located within a 'Settled Landscape' and was considered an infill site under the Clare County Development Plan 2023-2029. While the applicant was deemed to have met the rural settlement strategy, the proposal was refused on environmental grounds. Technical assessments by the Environment Department concluded that the site's high water table...
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