Core Refusal Reason
Failure to demonstrate a rural housing need in an Area Under Strong Urban Influence and the unsuitability of the site for wastewater treatment due to poor drainage and waterlogging.
Decision Maker's Conclusion
- The applicants failed to demonstrate a social or economic need to reside in this rural area designated as being under 'Strong Urban Influence', thus contravening Objective CDP4.14 of the County Development Plan.
- The site is unsuitable for the safe treatment and disposal of domestic effluent due to poor drainage and waterlogged conditions observed during inspection, making the proposal prejudicial to public health.
- The proposed development does not comply with the EPA Code of Practice for domestic wastewater treatment systems and would materially contravene Objective 11.32 of the Clare County Development Plan 2023-2029.
Cited Policies (CDP)
Objective CDP4.14Objective CDP3.1Objective CDP11.13Objective CDP11.14CDP 14.3CDP15.3Objective 11.32
Decision Document Summary
The application sought permission for a single-storey dwelling, a new entrance, and a wastewater treatment system at Tyredagh Upper, Tulla, Co. Clare. The site is located in a rural area under strong urban influence and within the Slieve Aughty Mountains SPA. The Planning Authority refused the application primarily because the applicants did not establish a local rural housing need and the site's poor drainage characteristics render it unsuitable for wastewater disposal, posing a risk to public ...SOURCE PDFOpen Original
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