Core Refusal Reason
Failure to demonstrate the necessary legal interest to maintain required 120m sightlines at the junction with the R352 regional road, resulting in a traffic hazard.
Decision Maker's Conclusion
- The applicant failed to demonstrate the required legal interest or provide a letter of consent to maintain adjoining private lands free of impediments to the west of the junction.
- The Planning Authority is not satisfied that the mandatory 120m sightlines onto the R352 regional road can be achieved or maintained by the applicant.
- Granting permission would be contrary to DM Standard 28 of the County Development Plan as the resulting turning movements would endanger public safety by reason of traffic hazard.
Cited Policies (CDP)
Policy Objective RH 3Policy Objective RH 9Policy Objective NBH 1Policy Objective NHB 3Policy Objective WR 1Policy Objective WW 6Policy Objective WW 10DM Standard 6DM Standard 7DM Standard 8DM Standard 11DM Standard 28DM Standard 36DM Standard 38DM Standard 47DM Standard 50DM Standard 63
Decision Document Summary
The applicant, Joe O'Toole, proposed the construction of a single-storey, three-bedroom dwelling and domestic garage at Shanvally, Portumna, Co. Galway. The site is situated in a rural 'Structurally Weak Area' where rural housing need is not a material consideration; however, the application was refused due to significant road safety concerns. Specifically, the applicant failed to provide evidence of legal control or third-party consent to maintain roadside boundaries on adjacent lands, which is...SOURCE PDFOpen Original
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