Core Refusal Reason
The application was refused due to the site's inability to safely accommodate an on-site wastewater treatment system and the proposed dwelling's negative impact on residential amenity and the rural landscape.
Decision Maker's Conclusion
- The applicant failed to demonstrate that effluent could be treated and discharged on-site without risk to public health and the environment, given shallow bedrock and steep gradients.
- The design and elevated position of the dormer dwelling would lead to a loss of residential amenity for the adjoining property to the east through overlooking.
- The proposed development would form an unduly prominent feature in the landscape, detracting from the rural character of the area and contradicting proper planning principles.
Cited Policies (CDP)
Chapter 4- Core Strategy and Settlement StrategyChapter 7- Rural DevelopmentChapter 13 – Requirement for developmentRural Design GuideChapter 9 - Landscape Character Assessment (Sect 9.2.12.1)
Decision Document Summary
The proposal involved the construction of a dormer dwelling house and an on-site wastewater treatment system on a rural infill site at Hugginstown, Co. Kilkenny. Although the applicants met the rural settlement policy, the Planning Authority refused permission because the site's physical characteristics, including shallow bedrock and steep slopes, were unsuitable for safe effluent disposal. Furthermore, the dwelling's design and elevated siting were deemed to cause significant overlooking of the...SOURCE PDFOpen Original
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