2350406

GROUND FLOOR LEVEL EXTENSION (72.2SQM) WITHIN THE UNDERCROFT AREA TO THE REAR (EAST) OF THE PERMITTED AND PART CONSTRUCTED DWELLING (BENEATH THE PERMITTED MASTER BEDROOM AND UPPER LEVEL EXTERNAL TERRACE), THE PROVISION OF AN EXTENSION TO THE ENTRANCE/LOBBY AREA TO THE FRONT (WEST) ELEVATION (6.3SQM), THE OMISSION OF THE PERMITTED CHIMNEY, AND ASSOCIATED ELEVATIONAL CHANGES AND INTERNAL ALTERATIONS AND PERMISSION FOR (1) CONSTRUCTION OF AN EXTERNAL TERRACE ON THE NORTHERN ELEVATION AT FIRST FLOOR LEVEL (25.8SQM), ADDITION OF AN EXTERNAL STAIRCASE TO PROVIDE ACCESS FROM GROUND LEVEL TO THE PERMITTED REAR EXTERNAL TERRACE AT FIRST FLOOR LEVEL, AND ALL ASSOCIATED DEVELOPMENT WORKS ABOVE AND BELOW GROUND AND (2) OMISSION OF CONDITION NO. 3 ATTACHED TO DCC REG. REF. 19/51842 (RELATING TO THE MODIFICATION OF THE SITE ENTRANCE) AND OMISSION OF CONDITION NO. 10 (A) ATTACHED TO DCC REG. REF. 19/51842 (RELATING TO THE REMOVAL OF MATERIALS)

Granted

Core Planning Reasoning

The proposed development was refused on the basis of Appropriate Assessment; specifically, that it cannot be excluded, based on the available information and the absence of a Natura Impact Statement, that the project would not have a significant effect on the Horn Head and Rinclevan SAC and the Horn Head to Fanad Head SPA, particularly concerning wastewater capacity and surface water discharge pathways.

Decision Maker's Conclusion

  • The physical extensions and design modifications are consistent with the character of the existing permitted dwelling and would not result in a material negative impact on the residential amenities of third parties.
  • The existing site entrance is considered safe in its current configuration, and the omission of previous planning conditions relating to road widening and material removal is acceptable in principle.
  • Refusal is ultimately necessitated by the Habitats Directive, as the increase in bedroom count likely exceeds the installed wastewater treatment capacity, and the lack of clarity regarding drainage pathways to protected Natura 2000 sites precludes a finding of no significant effect.

Cited Policies (CDP)

Policy RH-P-3Policy NH-P-6Policy RH-P-9Appendix 4 (Building a House in Rural Donegal – A Location, Siting and Design Guide)Appendix 3 (Part B development Guidelines and Technical Standards)

Decision Document Summary

The proposal involves retention permission and permission for several modifications to a substantially completed dwelling at Lurgabrack, Hornhead, an Area of Especially High Scenic Amenity. The development includes a ground floor extension (72.2sqm), an entrance lobby extension, a first-floor terrace, an external staircase, and the omission of a chimney and two specific planning conditions from a prior grant (19/51842). A third-party appeal was lodged citing concerns over the validity of the app...
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