Core Refusal Reason
The application was refused due to non-compliance with rural housing policy (CDP 3.11), significant flood risk concerns, traffic safety hazards on a substandard road network, and potential public health risks regarding wastewater disposal.
Decision Maker's Conclusion
- The applicant failed to demonstrate they meet the 'local rural person' criteria required for a dwelling in an area under strong urban pressure, contravening the Rural Housing Policy set out in CDP 3.11.
- The site is low-lying and prone to flooding; the lack of a site-specific flood risk assessment means the development would be contrary to proper planning and could exacerbate flooding elsewhere.
- The proposed development would endanger public safety by reason of a traffic hazard due to inadequate sight distances and the substandard width and alignment of the local road network and its junction with the N67.
Cited Policies (CDP)
CDP 3.11CDP 8.22CDP 13.2CDP 14.2CDP 14.3CDP 18.6
Decision Document Summary
The proposal sought permission for a 30 sqm single-storey dwelling and associated site works at Breaffa North, Miltown Malbay, Co. Clare. The subject site is located in a rural area designated as being under strong urban pressure and is characterized as low-lying with poor drainage. Clare County Council refused the application on four primary grounds: the applicant's failure to satisfy rural housing eligibility criteria, the high risk of flooding on the site and lack of a flood risk assessment, ...SOURCE PDFOpen Original
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