Core Refusal Reason
The applicant failed to demonstrate compliance with the agricultural zoning objective (local rural need) and provided insufficient technical details regarding the proposed wastewater treatment system, posing a risk to public health and nearby European sites.
Decision Maker's Conclusion
- The applicant failed to demonstrate that they qualify as an established landowner or meet the 'local rural person' criteria required for development on land zoned for agriculture under the Clare County Development Plan 2017-2023.
- Insufficient information was provided regarding the design and specification of the proposed proprietary wastewater treatment system, leading to concerns regarding public health and potential groundwater contamination.
- Due to the lack of wastewater details and the site's proximity to the Galway Bay Complex SAC and Inner Galway Bay SPA, the planning authority could not rule out significant adverse effects on these protected European sites.
Cited Policies (CDP)
CDP 13.7CDP 8.22CDP 14.2CDP 14.3CDP 8.27CDP 8.2CDP 8.4CDP 3.11CDP 19.3
Decision Document Summary
Tara and John O Donoghue sought permission to construct a 182sqm dwelling house and garage with a proprietary wastewater treatment system at Knocknagroagh, Ballyvaughan, Co. Clare. The site is located on land zoned for agriculture and is accessed via a private road off the N67. The application was refused because the applicants did not establish a genuine local rural need or landowner status as required by the County Development Plan, and failed to provide adequate technical documentation for th...SOURCE PDFOpen Original
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