Core Refusal Reason
The proposed development would likely have significant effects on adjacent Natura 2000 sites (SACs), constitutes haphazard backland development in an Area of High Scenic Amenity, and is located on a site with peat soils and a high water table unsuitable for safe wastewater disposal.
Decision Maker's Conclusion
- The development is likely to have significant effects on the Cloghernagore Bog & Glenveagh National Park SAC and the Sheephaven SAC due to a direct hydrological link, requiring a Stage 2 Appropriate Assessment (NIS) which was not provided.
- The siting constitutes haphazard rural backland development that would erode the character of an 'Area of High Scenic Amenity' and fail to integrate into the receiving landscape.
- Site conditions including peat soils and a high water table make the land unsuitable for the effective treatment and disposal of wastewater, posing a risk to public health and water quality.
Cited Policies (CDP)
Objective RH-O-1Objective RH-O-4Policy RH-P-3Policy RH-P-4Policy RH-P-9Objective L-O-1Policy L-P-2Policy WW-P-2Policy WW-P-6
Decision Document Summary
The proposal involves the construction of a 1.5-storey house and a tertiary wastewater treatment system on a 0.44ha peatland site in Cashel, Co. Donegal. The site is located in a 'Structurally Weak Rural Area' and an 'Area of High Scenic Amenity' immediately adjacent to protected SAC sites. While the applicant demonstrated a rural housing need, the Inspector found the proposal fundamentally flawed. A critical issue is the presence of an open gully providing a direct hydrological connection to th...SOURCE PDFOpen Original
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