2385

for the existing dwelling house, exit / entry gate, front boundary wall, wastewater treatment system & percolation area, all on revised site boundaries from previously granted planning permission reference number 21/1872. Full planning permission is also sought to retain & complete the construction of the domestic garage / fuel store previously granted under 21/1872 with all ancillary site works. Gross floor space of proposed works: 60 sqm. Gross floor space of work to be retained: 303 sqm (H) & 60 sqm (G)

Refused

Core Refusal Reason

Material contravention of Condition 2 of planning reference 21/1872 regarding the enurement clause and the applicants' failure to demonstrate a specific rural housing need.

Decision Maker's Conclusion

  • The applicants failed to demonstrate compliance with the enurement condition (Condition 2) of the parent planning permission (Ref. 21/1872), which restricted occupancy to persons with a specific rural housing need for a period of 7 years.
  • No Section 47 legal agreement was entered into by the previous applicant to give effect to the occupancy restrictions, and the property is currently advertised for sale, which directly conflicts with the terms of the existing permission.
  • Granting permission would materially contravene a condition attached to an existing valid permission for development and would be contrary to the proper planning and sustainable development of the area.

Cited Policies (CDP)

Policy Objective RH 2Policy Objective RH 9DM Standard 8DM Standard 9DM Standard 50Policy Objective NBH 1Policy Objective NHB 2Policy Objective NHB 3Policy Objective WR 1

Decision Document Summary

The proposal sought retention permission for an existing dwelling house, wastewater treatment system, and revised site boundaries, as well as permission to retain and complete a domestic garage at Anagh, Ballyglunin, Co. Galway. The site is located in a rural area designated as being under strong urban pressure (GCTPS). The application was refused because the applicants did not demonstrate that they satisfy the rural housing need categories required by the enurement condition of the parent permi...
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