Core Refusal Reason
The application was refused due to the site's unsuitability for safe wastewater treatment and the lack of a structural assessment for the bridge access, posing risks to public health and environmental safety.
Decision Maker's Conclusion
- The applicant failed to demonstrate that the site is suitable for on-site wastewater treatment, as the proposed percolation area is located on a slope exceeding 1 in 8 and in an area of extreme groundwater vulnerability with rock at or near the surface.
- No structural assessment was provided to verify that the existing stone-built bridge could safely carry the loads of vehicular and construction traffic, creating a risk of collapse, localized flooding, and watercourse pollution.
- The proposed development would be contrary to the proper planning and sustainable development of the area by failing to protect public health, traffic safety, and the quality of the local environment.
Cited Policies (CDP)
Chapter 7 - Rural DevelopmentChapter 13 - Requirement for developmentRural Design Guide
Decision Document Summary
JJ Frisby and Aoife Moore sought planning permission for a two-storey dwelling, a wastewater treatment system, and associated works at Carrigatna, Kilmaganny, Co. Kilkenny. The site is located in a rural area under urban influence and is characterized by steep slopes and an adjacent watercourse. The local authority refused the application because the applicant could not prove the site was capable of safe effluent disposal and failed to provide a structural assessment for the bridge access, leadi...SOURCE PDFOpen Original
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