Core Refusal Reason
The application was refused due to the intensification of unauthorized development on-site and the failure to demonstrate that effluent and manure from the proposed stables could be safely managed without risk to public health or the environment.
Decision Maker's Conclusion
- The applicant failed to establish the legal planning status of the existing garage, which differs significantly in design, size, and location from the previously granted permission (Pl. Ref. 99/2898), meaning the proposed extension would intensify an unauthorized development.
- Insufficient information was provided regarding the management and disposal of manure and effluent generated by the stables, posing a potential risk to ground and surface waters and contravening Policy Objective WS 7.
- The lack of clarity regarding the location and efficacy of the existing percolation area serving the dwellinghouse prevented the Planning Authority from concluding that the development would not negatively impact the site's wastewater treatment system.
Cited Policies (CDP)
Galway County Development Plan 2022-2028Chapter 4 - Rural living and Development4.6 Rural Housing Strategy in the Open Countryside4.8 Agriculture4.12 Equine IndustryChapter 7 - Infrastructure, Utilities and Environmental Protection7.5 Water and WastewaterChapter 8 - Tourism and Landscape8.13 LandscapeChapter 10 - Natural Heritage, Biodiversity and Green/Blue Infrastructure10.6 Natural Heritage and Biodiversity10.7 Water Resources10.8 Wetlands, Turloughs, Watercourses10.9 PeatlandsChapter 15 - Development Management StandardsDM Standard 6: Domestic Garages (Urban and Rural)DM Standard 11: LandscapingDM Standard 13: Agricultural BuildingsDM Standard 14: Agricultural EffluentDM Standard 46: Compliance with Landscape Sensitivity DesignationsDM Standard 50: Environmental AssessmentsDM Standard 67: Sustainable Drainage Systems (SuDS)DM Standard 68: FloodingPolicy Objective WS 7Policy Objective NHB 1Policy Objective NHB 2Policy Objective NHB 3
Decision Document Summary
Dermot and Una Lawlor sought retention permission for a single-storey masonry extension to an existing garage at Gortavalley, Castleblakeney, Co. Galway. The extension, measuring 80.6sqm, was intended to house three stables and a solid fuel storage area. The site is located in a rural area designated as Landscape Sensitivity Class 1. Galway County Council refused the application primarily because the existing garage on-site does not comply with its original planning permission (Pl. Ref. 99/2898)...SOURCE PDFOpen Original
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