2451

for: (a) Construction of a new dwelling, (b) Construction of a domestic garage, (c) Wastewater Treatment System with percolation area, (d) New site entrance and all associated site works. A Natura Impact Statement is submitted with this application. Gross floor space of proposed works: 173 sqm (Dwelling) & 40 sqm (Garage)

Refused

Core Refusal Reason

The application was refused due to significant public health risks arising from a contaminated well water supply and inadequate effluent treatment capabilities, compounded by the site's location within a fluvial flood risk area and potential adverse impacts on protected Natura 2000 sites.

Decision Maker's Conclusion

  • The proposed private well water supply is contaminated with an abnormally high coliform count (2400 per 100ml), which is prejudicial to public health and fails to meet the requirements of DM Standard 37.
  • The development is located within an identified fluvial flood risk area (100yr and 1000yr), and permitting the project would materially contravene flood risk management policies and Ministerial Guidelines.
  • The Planning Authority is not satisfied that the site can adequately treat and dispose of effluent due to observed high water table levels and flood risk, and the submitted Natura Impact Statement failed to address the specific conditions of the application site, potentially impacting the integrity of nearby European sites.

Cited Policies (CDP)

Policy Objective RH 3Policy Objective RH 9Policy Objective FL 2Policy Objective FL 3Policy Objective FL 8Policy Objective NHB 1Policy Objective NHB 3DM Standard 37DM Standard 38DM Standard 6DM Standard 8DM Standard 11DM Standard 28DM Standard 30DM Standard 47

Decision Document Summary

T. Cahalan applied for permission to construct a one-and-a-half-storey four-bedroom dwelling, domestic garage, and wastewater treatment system at Sawnagh, Portumna, Co. Galway. Although the site is located in a 'structurally weak' rural area where housing is acceptable in principle, the proposal was refused on four primary grounds. The local authority identified a contaminated water supply, significant fluvial flood risk, and inadequate effluent disposal conditions. Additionally, the Natura Impa...
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