22770

the erection of a new single storey detached dwelling, comprising 3 bedrooms, kitchen/dining room, familyroom, sitting room including sunroom, with ancillary bathrooms, dressing room, cloakroom, utility rooms and a detached domestic garage to the rear. The application also proposes the establishment of an equestrian business providing accommodation for injured horses and involves two new stable buildings which can together accommodate eighteen horses (including a veterinary inspection area and a dry goods store), an exercise paddock and a stable yard, as well as an equine waste storage facility. The development for which permission is sought also includes a wastewater treatment system and polishing filter, the closure of the existing agricultural access and the creation of a new entrance for both domestic and equestrian purposes onto the local Road L-2010-5 along with site works including a new driveway, front boundary treatment and all site landscaping

Refused

Core Refusal Reason

The application was refused due to non-compliance with rural housing and equine development policies, significant environmental constraints regarding flood risk and wastewater disposal, and failure to demonstrate local housing need or traffic safety.

Decision Maker's Conclusion

  • The applicant failed to demonstrate compliance with local need criteria (Policy RH2) and the proposed equine enterprise was deemed unsuitable for the landholding, potentially injuring residential amenity.
  • The site is constrained by environmental factors, including a high water table unsuitable for wastewater treatment and a lack of a site-specific flood risk assessment despite being in a known flood zone.
  • Insufficient technical information was provided regarding traffic safety, specifically the achievement of safe sightlines at the proposed new entrance onto the L 2010-5.

Cited Policies (CDP)

Policy RH18Policy EQ 3Policy RH9(vi)Policy RH2National Planning Framework Objective 19ECD 24Policy EQ 1Policy EQ 5Chapter 16 Rural Design GuidelinesChapter 17 Development Management StandardsPolicy RH10Policy RH12

Decision Document Summary

John Burke sought permission for a single-storey dwelling and an equestrian business accommodating 18 horses at Alasty, Kill, Co. Kildare. The 7.73-hectare site, located near the Grand Canal, was deemed unsuitable for the proposed development by Kildare County Council. The refusal was based on the applicant's failure to prove a local housing need, the potential for groundwater pollution from wastewater on a site with a high water table, and the lack of a flood risk assessment. Additionally, the ...
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