221070

for development consisting of: (a) part single storey-part two storey dwelling house measuring 246 sqm, (b) single storey domestic garage measuring 47 sqm, (c) new boundary wall and vehicular entrance to public road, (d) wastewater treatment and all associated site services and works. Gross floor space of proposed works: 246 sqm + 47 sqm

Refused

Core Refusal Reason

The application was refused due to the site's unsuitability for wastewater treatment evidenced by stagnant water in trial holes, and insufficient ecological assessment regarding the impact on the Lough Fingall Complex SAC and the Lesser Horseshoe Bat.

Decision Maker's Conclusion

  • The presence of stagnant water in the excavated trial hole indicates that the site is unable to safely treat and discharge wastewater, posing a significant risk to public health and groundwater quality.
  • The ecological assessment submitted was deemed inadequate as it omitted a passive static detector survey for bats, leaving a lacuna in the assessment of the site's importance for the Lesser Horseshoe Bat.
  • Due to the proximity to the Lough Fingall Complex SAC and the lack of comprehensive assessment regarding remedial works and foraging corridors, the Planning Authority could not exclude the potential for significant adverse effects on the integrity of European sites.

Cited Policies (CDP)

Policy Objective RH 2Policy Objective RH 9Policy Objective NBH 1Policy Objective NBH 3Policy Objective NBH 9Policy Objective WR 1Policy Objective WS 7Policy Objective LCM 1Policy Objective LCM 3Policy Objective WW 6Policy Objective WW 10Policy Objective NNR 2DM Standard 8DM Standard 11DM Standard 28DM Standard 37DM Standard 38DM Standard 47

Decision Document Summary

Rory Foy applied for permission to construct a 246 sqm dwelling, a domestic garage, and a wastewater treatment system on a 0.37ha greenfield site at Killeenavarra, Kinvara, Co. Galway. The site is located approximately 70m from the Lough Fingall Complex Special Area of Conservation (SAC). Galway County Council refused the proposal because the site demonstrated poor drainage characteristics (stagnant water in trial holes), which would contravene water quality policies. Furthermore, the applicatio...
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Planning application 221070, Galway County Council | Precedent.ie