2360184

retention permission for the following, 1. The construction of a single storey extension to an existing domestic garage, 2. the unauthorised change of use of the afore mentioned domestic garage to use as a habitable dwelling, 3. the unauthorised installation of a septic tank & percolation area, 4. the construction of a domestic store and a boiler house, and all associated works

Refused

Core Refusal Reason

The application was refused due to the failure to demonstrate a genuine rural housing need, the inappropriate nature of backland development in a rural area, and insufficient evidence regarding the adequacy of wastewater treatment and its impact on a Special Area of Conservation.

Decision Maker's Conclusion

  • The applicants failed to demonstrate a genuine rural housing need or a functional/social requirement for an additional dwelling at this location, which is contrary to the rural housing policy set out in the Carlow County Development Plan 2022-2028.
  • The development constitutes haphazard backland development that is inconsistent with the Sustainable Rural Housing Guidelines (2005) and would set an undesirable precedent for similar piecemeal development in the countryside.
  • Insufficient information was submitted to demonstrate that the on-site wastewater treatment system is adequate, creating a risk of environmental pollution and potential adverse effects on the River Barrow and River Nore Special Area of Conservation (SAC).

Cited Policies (CDP)

Section 3.15Section 3.16Policy RH P1Policy RH P6Policy RH P9Section 16.8.14Chapter 3Chapter 6Chapter 12Chapter 15Chapter 16Volume 2b

Decision Document Summary

Frank and Breada O' Hara sought retention permission for the conversion and extension of a domestic garage into a habitable dwelling, including a septic tank and percolation area, at Ballywilliamroe, Bagenalstown, Co. Carlow. The Planning Authority refused the application because the proposal represents unauthorized backland development in a rural area without a demonstrated housing need. Additionally, the development failed to meet the standards for a family flat and lacked the necessary techni...
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