Core Refusal Reason
The application was refused primarily due to non-compliance with the Rural Settlement Strategy (Objective CDP 3.12) as the applicants already own a home in the area, alongside technical failures regarding wastewater treatment on steep slopes, inadequate traffic sightlines, and adverse visual impact on the 'Settled Landscape'.
Decision Maker's Conclusion
- The applicants do not meet the criteria for a rural dwelling under Objective CDP 3.12 because they already own and reside in a house within the same rural area, failing to demonstrate a genuine rural housing need.
- The proposed wastewater treatment system is located on a slope exceeding the 1:8 gradient limit set by the EPA Code of Practice, posing a significant risk to public health and water quality.
- The development would endanger public safety by reason of a traffic hazard due to restricted sight distances and would result in an adverse visual impact on the character of the designated 'Settled Landscape'.
Cited Policies (CDP)
CDP 3.12CDP 13.2CDP 8.4CDP 8.5Appendix 1 of Volume 1
Decision Document Summary
Pat and Frances Lineen proposed the construction of a cottage, garage, and on-site wastewater treatment system at Kilmihil, Co. Clare, located in a rural area designated as a 'Settled Landscape'. Clare County Council refused the application on four grounds: the applicants' failure to comply with the rural settlement strategy as existing homeowners in the area, the unsuitability of the site's steep topography for safe wastewater percolation, inadequate traffic sightlines at the proposed entrance,...SOURCE PDFOpen Original
Note: If code appears below, the council site is blocking the preview. Please open the original file.