22880

sought to build a two storey dwelling with single storey annex to be serviced with an on-site wastewater treatment system to current EPA guidelines, for recessed entrance to be combined with the existing field access gate, including all associated siteworks in relation to the above and for permission to remove the burden of sterilization from the area of the proposed site only, as outlined under condition No. 16 of PPRR No. 93/169 and similarly under condition No. 15 of PPRR No. 93/697

Refused

Core Refusal Reason

The proposed development is located within a flood zone, rendering the site unsuitable for an on-site wastewater treatment system and making the application premature pending the completion of regional flood protection works.

Decision Maker's Conclusion

  • The site is located within a flood zone where it has not been demonstrated that an on-site wastewater treatment system can be safely accommodated in accordance with EPA guidelines, posing a significant risk to public health.
  • The development is considered premature pending the delivery of the OPW Flood Protection Capital Works, which are not due for completion until the end of 2025.
  • Granting permission in the absence of appropriate flood alleviation measures would set an undesirable precedent for further development in high-risk areas and would be contrary to the proper planning and sustainable development of the area.

Cited Policies (CDP)

Rural Housing Policy Zone 1Section 4.12.7Policy RH 1Policy RH 2Policy RH 3Policy RH 9Policy RH 9(vi)Policy RH 12Chapter 16Chapter 17

Decision Document Summary

Darren McHale sought planning permission for a two-storey detached dwelling, an on-site wastewater treatment system, and the removal of a sterilization burden from previous permissions on a greenfield site in the rural townland of Clownings, Straffan, Co. Kildare. Although the applicant met the local rural housing need criteria, Kildare County Council refused the application because the site is situated within a flood zone. The Planning Authority determined that the site could not safely accommo...
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