Core Refusal Reason
Non-compliance with Ancillary Living Accommodation policies due to the creation of two independent rental units, resulting in over-development and public health risks from insufficient wastewater system separation.
Decision Maker's Conclusion
- The development of two independent units for private letting does not meet the criteria for Ancillary Living Accommodation (CDP5.9) and lacks a demonstrated bona-fide need.
- The proposal constitutes over-development of the site that is out of character with the established pattern of development in the Doora Settlement, setting an undesirable precedent for sub-standard development.
- The proximity of the building to the existing septic tank (3m) fails to meet EPA Code of Practice minimum separation distances (7m/10m), posing a significant risk to public health.
Cited Policies (CDP)
CDP5.9Section 5.2.8CDP 14.2Ennis Settlement Plan - Vol 3(a)
Decision Document Summary
Robert Ryan sought permission to retain elevational changes and convert a detached garage at Noughaval, Doora, Ennis into two independent living units connected to an existing septic tank. The site is located within the Doora Settlement and zoned 'Existing Residential'. Clare County Council refused the application because the proposal attempted to create multiple rental units under the guise of ancillary accommodation, which is contrary to the County Development Plan. Furthermore, the layout res...SOURCE PDFOpen Original
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