2460272

for construction of single storey dwelling, new entrance, foul effluent treatment system, percolation area and all associated site works

Refused

Core Refusal Reason

Failure to demonstrate that the site is capable of the safe disposal of treated effluent without risk to public health or the environment due to poor drainage characteristics and a high water table.

Decision Maker's Conclusion

  • The site exhibits poor drainage characteristics, evidenced by water ingress at 0.4m bgl, mottling in trial holes at shallow depths, and the presence of indicator vegetation such as willow trees and rushes.
  • The Environment Department expressed serious concerns that the percolation test results failed to demonstrate that effluent from the proposed development can be safely treated and discharged at the subject site.
  • While the applicant demonstrated compliance with the rural housing policy for an 'Area under Urban Influence', the technical constraints regarding wastewater disposal on the limited landholding remain a fundamental barrier to development.

Cited Policies (CDP)

Kilkenny City and County Development Plan 2021-2027Rural Housing PolicyArea under Urban Influence

Decision Document Summary

Shane Dooley applied for permission to construct a single-storey dwelling and a wastewater treatment system on an infill site at Donaguile, Castlecomer, Co. Kilkenny. The site is located within an 'Area under Urban Influence' under the Kilkenny County Development Plan 2021-2027. Although the applicant met the social/economic criteria for rural housing, the proposal was ultimately deemed unacceptable because the site characterisation and site visits revealed a high water table and poor soil suita...
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