Core Refusal Reason
The proposal involves the demolition of a high-quality traditional vernacular cottage and fails to demonstrate adequate wastewater treatment capacity or safe vehicular access.
Decision Maker's Conclusion
- The demolition of the existing traditional cottage is contrary to objective CDP15.4, as the building is considered a good quality example of the county's vernacular heritage that contributes positively to the rural character and should be retained.
- The applicant failed to demonstrate that the site can accommodate a wastewater treatment system in compliance with the EPA Code of Practice 2021, representing a potential risk to public health and water quality.
- The proposed development would constitute a traffic hazard because the existing roadside shed restricts sightline visibility to the west of the proposed access point.
Cited Policies (CDP)
CDP13.2CDP3.14CDP 3.11CDP15.4
Decision Document Summary
Brian Crowley sought outline planning permission to demolish an existing single-storey traditional cottage and outbuildings to construct a replacement dwelling at Cahermurphy, Kilmihil, Co. Clare. The site is situated in a rural area designated as a 'Settled Landscape'. Clare County Council refused the application primarily because the existing dwelling is a habitable, high-quality vernacular building that the Planning Authority seeks to protect under heritage policies. Furthermore, the applicat...SOURCE PDFOpen Original
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