Core Refusal Reason
The proposed independent living unit is of excessive scale, significantly exceeding the 50m² limit for ancillary accommodation, and the applicant failed to demonstrate that the existing wastewater treatment system could accommodate the additional load.
Decision Maker's Conclusion
- The floor area of the unit (126.2m²) is more than double the 50m² maximum allowed for family flats under Section 13.8.36, resulting in an unauthorized self-contained dwelling rather than ancillary accommodation.
- The development contravenes Condition 14 of the original planning permission (07/574), which explicitly restricted the use of the garage to purposes incidental to the enjoyment of the main dwelling house.
- Insufficient technical evidence was provided to confirm that the existing onsite wastewater treatment system has the capacity to handle the increased hydraulic and organic loading, creating a risk to public health.
Cited Policies (CDP)
Section 13.8.36Policy IU 16Policy IU 17Policy IU 18Section 13.8.37Policy HOU 34Policy IU 19NGB 6Section 13.9.9Section 13.9.10Section 13.19.14Section 13.16.17Section 13.8.35Section 13.9.20Policy HOU 26
Decision Document Summary
This application sought retention and permission for the conversion of a detached garage into a 126.2m² independent living unit at Taobh Coille, Monasterboice, Co. Louth. The site is located within Rural Policy Zone 2, an area under strong urban influence. Louth County Council refused the application primarily because the unit's scale vastly exceeds the 50m² limit for ancillary family flats set out in the County Development Plan, effectively creating an independent bungalow. Additionally, the ap...SOURCE PDFOpen Original
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