221088

(A) RETAIN WORKS CARRIED OUT TO DATE ON A DOMESTIC GARAGE/UTILITY/OFFICE BUILDING (B) RETAIN THE LOCATION OF THE EXISTING WASTEWATER TREATMENT UNIT AND PERCOLATION AREA (C) RETAIN EXISTING VEHICULAR ENTRANCE SERVING THE DWELLING, (D) RETAIN EXISTING DWELLING HOUSE WITHIN REVISED BOUNDARIES AS PREVIOUSLY GRANTED UNDER PLANNING REG. 07/1458 AS WELL AS FULL PLANNING PERMISSION TO COMPLETE ALL OUTSTANDING WORKS TO THE DOMESTIC GARAGE/UTILIY/OFFICE BUILDING

Refused

Core Refusal Reason

The proximity of the existing wastewater treatment unit to the domestic garage/utility/office building poses a risk of environmental pollution.

Decision Maker's Conclusion

  • The separation distance between the mechanical wastewater treatment unit and the domestic garage/utility/office building is insufficient and does not comply with the EPA Code of Practice.
  • The Planning Authority is not satisfied that the proposed development would not pose a risk of environmental pollution due to the proximity of the effluent treatment system to the structure.
  • The development is considered contrary to the proper planning and sustainable development of the area because it fails to ensure adequate public health and environmental protection.

Cited Policies (CDP)

Objective KCDP 5-15Objective KCDP 11-77Objective KCDP 11-78Section 11.6.3.2

Decision Document Summary

The applicant, Jimmy Laide, sought retention permission for a domestic garage/utility/office building, a wastewater treatment system, and a dwelling house within revised boundaries at Cloghane, Ballyduff, Co. Kerry. The site is situated in a rural coastal location designated as 'Rural General' and 'Rural Area Under Urban Influence'. Although the Planning Authority granted retention for the vehicular entrance, it refused the primary elements of the application. The refusal was based on a negative...
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