2560041

Permission for development which consists of; Retention of elements as follows: 1) Increase in total floor area of dwellinghouse from 268sqm (under Plg Rer. No. 17338) to 346sqm. 2) First floor dormer window constructed on the North elevation 3) 3 no windows constructed on the North elevation 4) First floor box frame window constructed on the East elevation plus an additional window 5) 2 no first floor box windows constructed on West elevation 6) First floor window to South elevation 7) Revised location of garage 8) Revised ground levels 9) Retaining wall to Eastern boundary 10) Removal of existing septic tank and percolation area and the insertion of a new septic tank and percolation area. 11) Associated works

Refused

Core Refusal Reason

The development was refused due to the failure to demonstrate the environmental safety and compliance of a new septic tank in an urban area, potential adverse impacts on protected European sites, unauthorized works on land without proven legal interest, and the negative impact of raised ground levels on neighbor privacy.

Decision Maker's Conclusion

  • The applicant failed to demonstrate that the retention of the septic tank and percolation area complies with the EPA Code of Practice or represents the optimal effluent disposal solution for a built-up urban environment.
  • The proposed development lacks necessary screening for Appropriate Assessment, posing a potential risk to the integrity of the Galway Bay Complex SAC and pNHA, contrary to the City Development Plan's ecological policies.
  • The applicant failed to provide evidence of sufficient legal interest for works involving the adjacent laneway and the significant raising of ground levels, which results in undue overlooking and loss of privacy for neighboring residential properties.

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

L & J Muldoon sought retention permission for extensive modifications to a two-storey detached dwelling at 46 Dalysfort Road, Salthill, including a floor area increase, window alterations, and the installation of a new septic tank. The site is situated in a mature urban residential area where connection to the public sewer is the preferred method of effluent treatment. Galway City Council refused the application primarily because the applicant failed to prove the septic tank's compliance with en...
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