Core Refusal Reason
The proposed development was refused due to its visually obtrusive design and elevated siting, which would negatively impact the rural character of the area and the ecological integrity of the adjacent Royal Canal pNHA.
Decision Maker's Conclusion
- The dwelling's excessive setback of over 77 meters and elevated floor level (2.5 meters above the public road) would create a visually obtrusive structure that detracts from the visual amenities and rural character of the locality.
- The proposed siting and design would result in a negative impact on the nearby Royal Canal proposed Natural Heritage Area (pNHA), particularly through light spillage affecting protected wildlife species, contrary to policy CPO 12.20.
- Granting permission would establish an undesirable precedent for similar developments that fail to integrate into the landscape, thereby conflicting with the proper planning and sustainable development of the area.
Cited Policies (CDP)
CPO 9.1CPO 9.2CPO 9.8CPO 9.13CPO 9.14CPO 9.17CPO 9.18CPO 9.19CPO 9.20CPO 16.32CPO 16.33CPO 16.34CPO 12.20CPO 12.21
Decision Document Summary
Luke Murtagh applied for permission to construct a 260sqm two-storey dwelling and a 47sqm detached garage at Rathcaled, Ballynacargy, Co. Westmeath. The site is situated in a rural area designated as being under 'Strong Urban Influence' and is located approximately 95m from the Royal Canal pNHA. Although the applicant met the local housing need criteria, Westmeath County Council refused the application primarily because the house's elevated position and significant setback would make it visually...SOURCE PDFOpen Original
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