Core Refusal Reason
The proposal fails to meet the criteria for refurbishing a derelict structure as the building is not substantially intact, and the proposed wastewater treatment arrangements are outdated, non-compliant with current EPA standards, and lack demonstrated legal interest for the percolation area.
Decision Maker's Conclusion
- The existing structure is not considered substantially intact, with significant sections of external walls missing, meaning the proposal fails to comply with the requirements of Objective CDP 4.18 for the refurbishment of derelict houses.
- The submitted site characterisation report is outdated (dating from 2008) and does not comply with the EPA Code of Practice 2021, posing a risk to public health and water resources contrary to Objective CDP 11.27.
- The applicant has failed to demonstrate sufficient legal interest to develop the wastewater treatment system and percolation area, which are located outside the site boundary and not clearly identified on the site layout plan.
Cited Policies (CDP)
CDP 4.18CDP 11.27(b)CDP 14.2CDP 4.14
Decision Document Summary
The application sought permission to renovate and extend a derelict dwelling, construct a garage, and install a wastewater treatment system at Knockneepy, Lahinch, Co. Clare. The Planning Authority refused permission primarily because the structure was deemed not 'substantially intact', thus failing to meet the policy criteria for refurbishment under the County Development Plan. Furthermore, the proposed wastewater treatment arrangements were found to be deficient due to an outdated site charact...SOURCE PDFOpen Original
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