Core Refusal Reason
The application was refused because the applicant did not meet the local housing need criteria for agriculturally zoned land and the proposed wastewater treatment system was technically inadequate for a site with extreme groundwater vulnerability.
Decision Maker's Conclusion
- The applicant failed to demonstrate compliance with Policy Objective CDP 19.3 of the Clare County Development Plan 2023-2029, as they are not an established landowner or an immediate family member of the landowner on site zoned for agriculture.
- The proposed wastewater treatment system design is non-compliant with the EPA Code of Practice 2021, specifically providing a percolation area only half the required size for a site with 'extreme' groundwater vulnerability.
- The development is located within an Inner Source Protection Zone for the Ennis water supply, and the planning authority concluded that the proposal would be prejudicial to public health and contrary to the proper planning of the area.
Cited Policies (CDP)
CDP 19.3
Decision Document Summary
Peter Moloney sought permission to construct a private dwelling and an onsite wastewater treatment system on a 0.1739ha greenfield site at Kilquaine, Ennis, Co. Clare. Clare County Council refused the application primarily because the proposal materially contravened Policy Objective CDP 19.3, as the applicant did not meet the specific residency and ownership requirements for the agricultural zone. Furthermore, technical reports highlighted that the site is in an area of extreme groundwater vulne...SOURCE PDFOpen Original
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