Core Refusal Reason
The proposal constitutes haphazard backland development that would adversely impact the residential amenity of neighboring properties through loss of privacy and general disturbance.
Decision Maker's Conclusion
- The proposed dwelling is considered disorderly and haphazard backland development, as it is located directly behind an existing family home in a designated Heritage Landscape.
- The development would seriously injure the residential amenities of adjacent properties due to its close proximity and the views available from the site, resulting in a loss of privacy and general disturbance.
- The applicant failed to demonstrate that the site could achieve necessary EPA separation distances from existing septic tanks and percolation areas serving neighboring houses.
Cited Policies (CDP)
CDP 4.14Objective CDP 3.1CDP 14.5CDP 11.13CDP 11.14
Decision Document Summary
Sue James sought permission to demolish an existing haybarn and construct a new dwelling with a wastewater treatment system at Aughinish, Kinvarra, Co. Clare. Although the Planning Authority accepted the applicant's exceptional health circumstances, the proposal was refused primarily because the site layout constitutes unacceptable backland development. The Planning Authority determined that the proximity to existing dwellings would lead to overlooking and loss of privacy, and the proposal faile...SOURCE PDFOpen Original
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