Core Refusal Reason
The applicant failed to demonstrate compliance with the 'Agriculture' zoning objective regarding local residency/ownership and provided insufficient technical information regarding wastewater treatment, site layout, and traffic safety.
Decision Maker's Conclusion
- The applicant has not provided evidence of owning the subject lands for a minimum of 10 years, which is a requirement for new dwellings in areas zoned 'Agriculture' under the Clare County Development Plan 2023-2029.
- A full Site Characterisation Report and associated drawings compliant with the 2021 EPA Code of Practice were not submitted, preventing a proper assessment of the proposed on-site wastewater treatment system.
- The application lacks adequate site layout plans and fails to demonstrate that safe sight distances of 49m in each direction can be achieved at the proposed entrance onto the 50km/h road.
Cited Policies (CDP)
CDP 15.13 European SitesAgriculture Zoning Objective
Decision Document Summary
Niall Mangan sought outline permission for a dwelling house, garage, and wastewater treatment system on a 0.15ha greenfield site at Gaurus, Ennis, Co. Clare. The site is located in an area zoned 'Agriculture', which requires applicants to demonstrate a 10-year ownership link or local need, which was not provided. The application was refused (pending Further Information) due to this lack of legal interest evidence, the absence of a compliant wastewater site characterisation report, and insufficie...SOURCE PDFOpen Original
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