Core Refusal Reason
The proposal constitutes 'cherry picking' of elements from a previously granted permission (ABP-303741-19), rendering the original permission unimplementable in full, and lacks sufficient evidence regarding the capacity and suitability of the existing wastewater treatment system.
Decision Maker's Conclusion
- The proposal seeks to convert an outhouse that is already part of a larger development permitted under ABP-303741-19, resulting in a 'cherry picking' of elements that would make the original permission impossible to implement in its entirety.
- As a stand-alone application that does not seek to modify the existing permission, the proposal would materially contravene the previous grant and undermine planning regulations and the proper planning of the area.
- Insufficient evidence was provided to demonstrate that the existing septic tank and effluent percolation area are of suitable design or have the capacity to serve the proposed dwelling, which could be prejudicial to public health.
Cited Policies (CDP)
CPO 6.41CPO 6.42CPO 6.44CPO 8.13CPO 8.14CPO 8.15CPO 8.16CPO 8.17CPO 8.18CPO 8.19CPO 8.20CPO 17.35Appendix 1Appendix 2
Decision Document Summary
Jeff Watson proposed the conversion of an existing farm outbuilding into a single-family dwelling at Clone House, Aughrim, Co. Wicklow, within the curtilage of a protected structure. Although the applicant established a functional economic need for a rural dwelling, Wicklow County Council refused permission primarily because the building is already subject to a previous grant (ABP-303741-19) for guesthouse use. The planner determined that allowing this separate application would result in 'cherr...SOURCE PDFOpen Original
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