Core Refusal Reason
The site is unsuitable for wastewater treatment due to shallow subsoils and proximity to a protected European site, posing a risk to public health and the integrity of the Inishmore Island SAC.
Decision Maker's Conclusion
- The planning authority is not satisfied that the site can safely dispose of domestic effluent due to shallow subsoils and high groundwater vulnerability, which would be prejudicial to public health and contrary to the 2021 EPA Code of Practice.
- The proposed development has the potential to adversely affect the integrity and conservation objectives of the adjacent Inishmore Island Special Area of Conservation (SAC) and its annexed habitats, such as Limestone Pavement.
- The proposal would materially contravene Policy Objectives NHB 1 and NHB 2 of the Galway County Development Plan 2022-2028 regarding the protection of natural heritage, biodiversity, and European sites.
Cited Policies (CDP)
Policy Objective RH 4Policy Objective RH 9Policy Objective FL1Policy Objective LCM 1Policy Objective LCM 2Policy Objective NHB 1Policy Objective NHB 2DM Standard 6DM Standard 8DM Standard 20DM Standard 27DM Standard 29DM Standard 41DM Standard 50
Decision Document Summary
The applicant sought permission for a dwelling, garage, and wastewater treatment system at Killeany, Inis Mór, within an 'Iconic' landscape and adjacent to the Inishmore Island SAC. While the applicant met the criteria for rural housing need, the site's physical constraints—specifically shallow subsoils over limestone bedrock—rendered it unsuitable for safe effluent disposal. Consequently, the local authority refused permission on the grounds of public health risks and the failure to demonstrate...SOURCE PDFOpen Original
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