Core Refusal Reason
The retention of structures was refused because the garden room functions as a self-contained residential unit rather than an incidental outbuilding, the shed is disproportionately large, and the applicant failed to demonstrate adequate wastewater and surface water management.
Decision Maker's Conclusion
- The 'garden room' is considered a self-contained residential unit rather than an incidental outbuilding, which is inconsistent with Section 13.8.37 of the Development Plan and would set an undesirable precedent for similar inappropriate developments.
- The applicant failed to demonstrate that the existing wastewater treatment system has sufficient capacity for the potential occupancy of the structures, which is contrary to policy objective IU 18 and prejudicial to public health.
- The open-sided shed is deemed unduly large and disproportionate to the existing dwelling, and the proposal lacks a comprehensive SuDS assessment to ensure sustainable surface water disposal.
Cited Policies (CDP)
NGB 6HOU 41MOV 56IU 16IU 17IU 18IU 19IU 26Section 13.8.36Section 13.8.37Section 13.9Section 13.13.11
Decision Document Summary
The application sought retention permission for a garden room with a canopy and an open-sided shed at Townparks, Mullenstown, Ardee, Co. Louth. The site is located in a rural area designated as Rural Policy Zone 2. Louth County Council refused the application because the garden room's internal layout (including a kitchen, bathroom, and bedroom) constitutes a self-contained dwelling rather than an incidental structure, and the shed is excessively large at 84sqm. Additionally, the applicant failed...SOURCE PDFOpen Original
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