Core Refusal Reason
The application was refused due to the applicant's failure to demonstrate a local housing need in an area under strong urban influence, inappropriate siting within a forested area requiring clear-felling, and the absence of an Appropriate Assessment screening report regarding potential impacts on Natura 2000 sites.
Decision Maker's Conclusion
- The applicant failed to provide documentary evidence or a local need questionnaire to demonstrate compliance with the criteria for rural housing in an area under 'Strong Urban Influence' as per Policy CPO 9.1.
- The proposed siting within a forested area requiring clear-felling would constitute haphazard development and visual intrusion, while the creation of a new entrance onto a regional road by a prospective purchaser contravenes Policy CPO 10.52.
- In the absence of a Stage 1 Appropriate Assessment screening report, the planning authority cannot determine if the development would adversely impact the nearby Lough Ennell SAC and SPA.
Cited Policies (CDP)
CPO 9.1CPO 9.2CPO 9.8CPO 9.13CPO 9.14CPO 9.16CPO 9.17CPO 9.18CPO 9.19CPO 9.20CPO 16.32CPO 16.33CPO 16.34CPO 10.52CPO 12.4CPO 12.7
Decision Document Summary
Oleksandr Lazor applied for permission to construct a 153sqm single-storey dwelling and effluent treatment system at Rathnamuddagh, Dysart, Mullingar. The site is located in a rural area under 'Strong Urban Influence' on the R391 regional road. Westmeath County Council refused the application because the applicant did not establish a genuine local housing need, the proposed development was deemed visually intrusive due to its forest location and required tree felling, and the lack of environment...SOURCE PDFOpen Original
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