2460742

Retention Permission for: 1) A change of use of an agricultural shed, previously granted planning permission under reference number 18/141, to a domestic dwelling. 2) Retention Permission for an effluent treatment system and purpose-built percolation area, the continued use of the existing entrance onto the public road, along with all associated site works

Refused

Core Refusal Reason

The development materially contravenes the 'H1 Open Space' zoning objective and represents an unacceptable flood risk for a 'highly vulnerable' residential use within Flood Zone A.

Decision Maker's Conclusion

  • The conversion of the agricultural shed to a dwelling materially contravenes the 'H1 Open Space' zoning objective of the Louth County Development Plan 2021-2027, which is reserved for recreational use.
  • The site is located in Flood Zone A and the applicant failed to provide a Flood Risk Assessment or satisfy the Justification Test for highly vulnerable development, posing a risk to future occupants and potentially impeding flood relief schemes.
  • The proposal fails to connect to public wastewater infrastructure and lacks an Appropriate Assessment Screening Report, meaning the Planning Authority cannot rule out significant adverse effects on the Dundalk Bay SAC and SPA.

Cited Policies (CDP)

Policy CS 2Policy HOU 25Section 13.8Objective NGB 6Objective IU 19Objective IU 6Objective IU 18Objective IU 27Table 13.13Section 13.16.6Section 13.16.12Policy IU 26Policy IU 29Policy NBG 3

Decision Document Summary

The application sought retention permission for the change of use of an agricultural shed to a domestic dwelling, including an effluent treatment system and associated site works at Halpenny Lane, Dundalk. The 0.4ha site is located on lands zoned 'H1 Open Space' and falls within Flood Zone A near the River Blackwater. Louth County Council refused the application primarily because residential use is incompatible with the open space zoning and the site's high vulnerability to flooding. Additionall...
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