Core Refusal Reason
Failure to demonstrate legal right or landowner consent to install wastewater infrastructure on lands outside the application site boundary, leading to public health concerns.
Decision Maker's Conclusion
- The revised site layout map indicates that proposed sewage connection pipework runs through lands located outside the defined boundary of the application site.
- The applicant failed to provide necessary clarification regarding the ownership of these external lands or evidence of legal consent from the landowner to install the required infrastructure.
- Without proof of the legal right to install the connection, the Planning Authority is not satisfied that effluent can be safely disposed of, making the development prejudicial to public health.
Cited Policies (CDP)
Section 11.6Objective KCDP 11-77Objective KCDP 11-78Section 11.6.3Section 11.6.3.1
Decision Document Summary
The proposal involved the renovation and extension of an existing dwelling and the installation of a new septic tank system at Derreenatlooig, Lauragh, Co. Kerry. Although the architectural design was deemed acceptable, the application was refused following a further information request regarding the wastewater treatment system. The final site layout showed pipework traversing third-party lands, and as the applicant did not demonstrate a legal right or consent to use these lands, the council det...SOURCE PDFOpen Original
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