Core Refusal Reason
The application was refused due to non-compliance with rural housing settlement policy, failure to demonstrate adequate wastewater treatment capacity, and the presence of unauthorised structures on the site.
Decision Maker's Conclusion
- The applicant failed to demonstrate compliance with the 'local rural person' and 'local rural housing need' criteria required under Objective CDP 4.14 for areas under strong urban influence.
- It has not been adequately demonstrated that the site has the capacity to treat wastewater in accordance with the EPA Code of Practice 2021, posing a risk to water quality and public health.
- The proposal seeks to facilitate development at a location containing existing unauthorised structures that do not benefit from exempted development status, which would be contrary to proper planning.
Cited Policies (CDP)
CDP 4.14Section 28 Sustainable Rural Housing Guidelines
Decision Document Summary
The proposal sought the retention of an existing building as a dwelling house along with permission for extensions and a new wastewater treatment system at Ballyvannan, Tuamgraney, Co. Clare. Clare County Council refused the application because the applicants did not meet the 'local rural person' criteria of the County Development Plan, the site's suitability for wastewater treatment was not proven to EPA standards, and the development would consolidate existing unauthorised structures on the la...SOURCE PDFOpen Original
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