Core Refusal Reason
The applicant failed to demonstrate that the site is capable of the safe disposal of treated effluent due to poor drainage characteristics, a high water table, and extreme groundwater vulnerability, posing a risk to public health and the environment.
Decision Maker's Conclusion
- The site is underlain by a local aquifer with extreme groundwater vulnerability and exhibits poor drainage, including rushes and ponding, which prevents the safe disposal of treated effluent.
- The proposed wastewater treatment system does not comply with the EPA Code of Practice 2021, making the development contrary to the proper planning and sustainable development of the area.
- The applicant has not sufficiently demonstrated a social need to live in the rural area or provided the necessary supplementary information required under the County Development Plan's rural housing policy.
Cited Policies (CDP)
Kilkenny City and County Development Plan 2021-2027Section 7.8.4 Categories of Rural Compliance and Qualifying criteriaAppendix 1: Supplementary information
Decision Document Summary
This application seeks permission for a single-storey dwelling, garage, and wastewater treatment system on a backland site in Kilmanaheen, Dungaravan, Co. Kilkenny. The proposal was refused because the site's poor drainage, high water table, and location over a vulnerable aquifer make it unsuitable for effluent disposal, violating EPA guidelines. Furthermore, the planning authority raised concerns regarding the applicant's compliance with rural housing policy and the adequacy of the private acce...SOURCE PDFOpen Original
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