Core Refusal Reason
The proposal was refused due to public health risks arising from the wastewater treatment system on a site with high bedrock, the detrimental impact on rural character caused by the removal of mature hedgerows for sightlines, and the failure to provide necessary ecological assessments.
Decision Maker's Conclusion
- The proposed wastewater treatment system poses a risk to public health and groundwater due to high bedrock levels and insufficient separation distances from a neighboring private borewell, contrary to EPA Code of Practice guidelines.
- The removal of approximately 50 metres of mature roadside hedgerow and trees required to achieve safe sightlines would seriously injure the established rural character and visual amenities of the area.
- The applicants failed to demonstrate that the development would not adversely impact protected species (bats and badgers) or the nearby River Barrow Nore SAC due to the absence of an ecological impact assessment and AA Screening Report.
Cited Policies (CDP)
Policy 9.2.5 of the Kilkenny City and County Development Plan 2021-2027Section 4.4 of the Sustainable Rural Housing Guidelines
Decision Document Summary
Nigel Flynn and Amanda Lynch applied for permission to construct a single-storey dwelling and wastewater treatment system at Knockbodaly, Graiguenamanagh, in a rural upland area. The application was refused by Kilkenny County Council primarily because the site's high bedrock and proximity to a neighbor's well created a significant public health risk regarding effluent disposal. Additionally, the Planning Authority determined that the extensive removal of mature roadside vegetation needed for tra...SOURCE PDFOpen Original
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