Core Refusal Reason
The proposal was refused due to its significant negative visual impact on the rural landscape, the destruction of traditional roadside boundaries required for access, failure to demonstrate compliance with wastewater treatment standards, and the lack of an Appropriate Assessment regarding protected European sites.
Decision Maker's Conclusion
- The dwelling's design and elevated position, combined with excessive cut-and-fill and the removal of significant sections of the 'Louth Bank' and native hedgerow for sightlines, would create an obtrusive and dominant feature that erodes the rural character of the area.
- The applicant failed to demonstrate that the proposed wastewater treatment system complies with the EPA Code of Practice 2021, rendering the development potentially prejudicial to public health.
- Due to the absence of an Appropriate Assessment screening report and the proximity of a watercourse, the Planning Authority could not rule out significant adverse effects on the conservation objectives of Dundalk Bay SAC and SPA.
Cited Policies (CDP)
HOU 41HOU 42HOU 45HOU 46HOU 47NGB 3NGB 6ENV 39MOV 56IU 16IU 17IU 18IU 19IU 26Section 3.17.4Section 13.9.4Section 13.9.7Section 13.9.8Section 13.9.9Section 13.9.10Section 13.9.14Section 13.9.15Section 13.9.16Section 13.16.17Section 13.19.14
Decision Document Summary
Paul Kerins sought permission for a 1.5-storey dwelling, detached garage, and wastewater treatment system at Kildemnock, Millockstown, Ardee, Co. Louth, within a 'Rural Policy Zone 2' area. Although the applicant satisfied the local housing need criteria, the Planning Authority refused permission primarily because the development would require the removal of a traditional stone-faced 'Louth Bank' and extensive hedgerows to facilitate a new entrance, resulting in a visually prominent and incongru...SOURCE PDFOpen Original
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