Core Refusal Reason
The site is fundamentally unsuitable for on-site wastewater treatment due to a high water table and poor soil percolation, posing significant risks to public health and the integrity of adjacent Natura 2000 sites.
Decision Maker's Conclusion
- The high water table (recorded at 0.2m below ground level) and poor percolation characteristics render the site unsuitable for a domestic wastewater treatment system, which would be prejudicial to public health and risk water pollution.
- In the absence of a Natura Impact Statement (NIS), the planning authority is not satisfied that the proposal would not adversely affect the integrity of the adjacent Ballynafagh Lake SAC and nearby Ballynafagh Bog SAC.
- The proposed development would endanger public safety by reason of a traffic hazard due to the substandard condition of the access roadway and the failure to demonstrate achievable safe sightlines at the proposed entrance.
Cited Policies (CDP)
Policy RH1Policy RH2Table 4.3Policy RH9Policy RH10Policy RH11Policy RH13Policy NH5Section 4.12.7Section 4.13.8
Decision Document Summary
The applicant, Brian Kenny, sought permission for a single-storey house, garage, and tertiary treatment system on a 0.405 Ha site at Ballynafagh, Prosperous, Co. Kildare. The site is located in a rural agricultural area immediately adjacent to the Ballynafagh Lake Special Area of Conservation (SAC). Kildare County Council refused the application primarily because the site's high water table and poor drainage make it unsuitable for safe wastewater disposal. Additionally, the refusal was based on ...SOURCE PDFOpen Original
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