24306

for the change of use of commercial to residential use and for the construction of a one bedroom residential extension to existing commercial unit together with all ancillary site works and services. Gross floor space to be retained: 51.14 sqm

Refused

Core Refusal Reason

The proposal was refused due to substandard residential design resulting from overdevelopment of a restricted site, combined with a failure to demonstrate adequate water, wastewater, and surface water servicing arrangements.

Decision Maker's Conclusion

  • The development constitutes overdevelopment of a restricted backland site, providing a substandard quality of residential amenity for future occupants due to deficient private open space and poor site configuration.
  • In the absence of feasibility letters from Uisce Éireann and specific details for surface water disposal, the Planning Authority cannot be satisfied that the development will not prejudice public health or adversely affect the integrity of nearby Natura 2000 sites.
  • The proposal materially contravenes the Galway County Development Plan 2022-2028 by failing to meet minimum car parking requirements (DM Standard 31) and servicing standards, which would set an undesirable precedent for haphazard development in the area.

Cited Policies (CDP)

Policy Objective CS 2Policy Objective CRG 1Policy Objective CRG 6Policy Objective PM 10Policy Objective SGV 1Policy Objective KSGV 2Policy Objective NBH 1Policy Objective NHB 3Policy Objective WR 1Policy Objective LCM 3Policy Objective WW 6Policy Objective WW 11DM Standard 1DM Standard 2DM Standard 31DM Standard 36DM Standard 50Policy Objective WS 4Policy Objective WW 4Policy Objective WS 7

Decision Document Summary

The applicant, Martin Collins, sought permission for the change of use from commercial to residential and the construction of a 51.14 sqm one-bedroom extension to the rear of an existing fashion boutique in Ballygar, Co. Galway. The site is located within an Architectural Conservation Area and is zoned as Village Centre. Galway County Council refused the application on five grounds, primarily citing that the restricted site layout resulted in substandard residential design and overdevelopment. F...
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