Core Refusal Reason
The application failed to demonstrate compliance with rural housing policy (CDP 4.14), provided insufficient technical data regarding wastewater treatment and percolation, and presented unresolved traffic safety and legal interest issues regarding the site entrance.
Decision Maker's Conclusion
- The applicant has not sufficiently demonstrated a genuine rural housing need (social or economic) as required by Objective CDP 4.14 for an 'Area Under Strong Urban Influence'.
- Technical concerns remain regarding the suitability of the proposed wastewater treatment system and percolation area, specifically regarding site-specific cross-sections and non-compliance with EPA Code of Practice depth requirements.
- The proposed new entrance raises significant traffic safety concerns regarding sightlines and legal interest over the land between the site boundary and the public road, with a recommendation to utilize an existing agricultural entrance instead.
Cited Policies (CDP)
Chapter 4Chapter 6Chapter 10Chapter 11Chapter 14Chapter 15Chapter 17Chapter 19Chapter 18Appendix 1CDP 4.14Objective CDP3.1
Decision Document Summary
Donal O'Halloran sought permission for a new dwelling, garage, and wastewater system at Tooreen, Ennis, Co. Clare, a site located within an 'Area Under Strong Urban Influence'. While the design was generally considered acceptable, the Planning Authority recommended seeking further information due to the applicant's failure to prove compliance with rural housing eligibility criteria (CDP 4.14). Additionally, there were unresolved technical issues concerning the adequacy of the wastewater treatmen...SOURCE PDFOpen Original
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