Core Refusal Reason
The site is unsuitable for wastewater treatment and is at significant risk of flooding due to its proximity to the Blackwater River, posing a potential threat to protected Natura 2000 sites.
Decision Maker's Conclusion
- The site is unsuitable for the treatment and disposal of wastewater due to soft ground conditions, surface water ponding, and proximity to the Blackwater River, which contravenes the EPA Code of Practice 2021.
- The proposed development is at risk of flooding and, in the absence of a site-specific flood risk assessment, would be contrary to the proper planning of the area and contravene Objective CDP 2.6 of the Development Plan.
- Due to hydrological connectivity, the development could have significant adverse effects on the Lower River Shannon SAC and River Fergus Estuaries SPA, meaning the proposal contravenes Objective CDP 15.4.
Cited Policies (CDP)
CDP 4.9CDP 14.3CDP 3.3CDP 11.11CDP 11.15CDP 2.6CDP 15.4
Decision Document Summary
Liam Cosgrove sought planning permission to construct a dwelling house, garage, and wastewater treatment system at Gilloge, Clonlara, Co. Clare, within a designated cluster area and 'Working Landscape'. The application was refused by Clare County Council primarily because the site's poor drainage and proximity to the Blackwater River make it unsuitable for safe wastewater disposal under EPA standards. Additionally, the lack of a flood risk assessment and the potential for negative impacts on the...SOURCE PDFOpen Original
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