Core Refusal Reason
The development was refused due to the risk of groundwater contamination from the proposed wastewater treatment system in an area of extreme aquifer vulnerability and the adverse impact on rural character and traffic safety resulting from the required removal of mature roadside vegetation to achieve necessary sightlines.
Decision Maker's Conclusion
- The proposed wastewater treatment system poses a significant risk to public health and the environment because the site is underlain by a regionally important aquifer with extreme vulnerability and high fractured bedrock near the surface.
- Achieving the required 90-meter sightlines would necessitate the removal of approximately 50 meters of mature roadside trees and hedgerows, which would seriously injure the established rural character and visual amenities of the area.
- In the absence of removing the mature roadside vegetation, the proposed development would have inadequate sightlines, thereby constituting a traffic hazard that would endanger public safety.
Cited Policies (CDP)
Policy 9.2.5 of the Kilkenny City and County Development Plan 2021-2027Section 4.4 of the Sustainable Rural Housing Guidelines for Planning Authorities
Decision Document Summary
The proposal involves the construction of a single-storey dwelling, garage, and a private wastewater treatment system at Knockbodaly, Graiguenamanagh, Co. Kilkenny, located in an 'Area under Urban Influence.' While the applicant demonstrated a social need to live in the locality, the application was refused primarily because the site's geological conditions, specifically high fractured bedrock and extreme aquifer vulnerability, are unsuitable for safe effluent disposal. Additionally, the Plannin...SOURCE PDFOpen Original
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