Core Refusal Reason
The primary grounds for refusal relate to the presence of unauthorised development on the site and the failure of the proposed wastewater treatment system to comply with the EPA Code of Practice regarding site suitability and design capacity.
Decision Maker's Conclusion
- The site contains several existing structures, including a shed, a converted lorry with a porch extension, and a composting toilet, which lack planning permission and constitute unauthorised development.
- The proposed wastewater treatment system fails to meet the EPA Code of Practice standards, specifically regarding the sizing of the percolation area and the lack of the required 0.9m of unsaturated soil/subsoil depth.
- The proposed wastewater system capacity (PE4) is considered inadequate for the scale of the dwelling, which includes rooms with the potential for bedroom use, requiring a minimum design of PE6.
Cited Policies (CDP)
CDP 3.12CDP 13.2CDP 14.2Objective 8.27(c)
Decision Document Summary
The proposal seeks permission for a single dwelling house, effluent treatment system, and new entrance at Magherabaun, Feakle, Co. Clare. The site is located in a rural 'Settled Landscape' and within the Slieve Aughty Mountains SPA. While the applicant was found to be compliant with rural housing policy (CDP 3.12), the application was refused due to the presence of multiple unauthorised structures on the site and significant technical deficiencies in the wastewater treatment proposals, which fai...SOURCE PDFOpen Original
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