22706

For 1). The erection of a dwelling house and domestic garage/store with treatment system and percolation area. 2). Block up existing entrance to adjoining dwelling. 3). Create a new shared entrance. 4). Upgrade sewerage facilities to adjoining dwelling and all associated site works.

Refused

Core Refusal Reason

The applicant failed to demonstrate a safe, adequate water supply and the ability to provide a wastewater treatment system that meets mandatory EPA separation distances, posing a risk to public health and the environment due to site constraints.

Decision Maker's Conclusion

  • The applicant failed to demonstrate that the site has the capacity to provide a water supply meeting required drinking water standards for both the existing and proposed dwellings, following test results showing total coliforms in existing wells.
  • The proposed development cannot achieve the required minimum separation distances between on-site wells and wastewater treatment systems as mandated by the EPA Code of Practice, posing a significant risk to public health.
  • Due to the site's steep gradient, low subsoil permeability, and the proposed increase in density of on-site wastewater systems, the development is considered unsustainable and contrary to the proper planning of the area.

Cited Policies (CDP)

Rural Housing PolicyArea under Urban Influence

Decision Document Summary

The proposal sought permission for a single-storey dwelling, garage, and upgraded wastewater facilities at a rural site in Smithstown, Castlecomer, Co. Kilkenny, designated as an 'Area under Urban Influence'. Although the applicants were considered to meet the rural housing policy criteria, the application was refused primarily on environmental and public health grounds. The site's physical constraints, including steep gradients and low soil permeability, prevented the achievement of mandatory E...
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