Core Refusal Reason
The application was refused due to insufficient evidence regarding the efficacy of the wastewater treatment system and the failure of the applicants to demonstrate compliance with a lifetime enurement clause attached to the parent permission.
Decision Maker's Conclusion
- The Planning Authority is not satisfied that the safe disposal of domestic effluent on-site can be guaranteed due to a lack of technical detail and evidence regarding the system's efficacy.
- The applicants failed to demonstrate that they meet the specific criteria of the enurement clause (Condition 10 of Pl. Ref. 05/4233) or that they have maintained permanent residency in the property for the required seven-year duration.
- Granting permission would be prejudicial to public health, contrary to the proper planning and sustainable development of the area, and would materially contravene a condition of the parent planning permission.
Cited Policies (CDP)
Objective WW6DM Standard 38Policy Objective RH2Policy Objective RH4Policy Objective RH 9Policy Objective FL1Policy Objective LCM 2Policy Objective LCM 3DM Standard 6DM Standard 9DM Standard 11DM Standard 28DM Standard 27DM Standard 46DM Standard 47DM Standard 67
Decision Document Summary
This application sought the retention of an existing two-storey dwelling and a garage/shed at Barr an Doire, An Cheathrú Rua, Co. Galway. The site is located in a rural area designated as a Class 3 Special Landscape Sensitivity area. Galway County Council refused the proposal because the applicants failed to provide adequate technical evidence that the existing wastewater treatment system functions correctly, posing a risk to public health. Additionally, the applicants did not prove they satisfy...SOURCE PDFOpen Original
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