Core Refusal Reason
The application was refused due to significant environmental risks to a European site (SAC) and groundwater, inadequate legal interest and technical compliance regarding wastewater disposal, traffic safety hazards, and inappropriate design within a designated Heritage Landscape.
Decision Maker's Conclusion
- The Planning Authority is not satisfied that the development would not adversely affect the integrity of the Blackhead to Poulsallagh Complex SAC, given the proximity and potential connectivity via a vulnerable karst landscape.
- The applicant failed to demonstrate sufficient legal interest over the proposed percolation area, which also non-complies with EPA standards regarding the sharing of wastewater facilities and poses a risk to a Regionally Important Aquifer.
- The proposal would create a traffic hazard due to inadequate sightlines on a narrow scenic route and would injure the visual amenities of the Heritage Landscape due to excessive height and poor architectural expression.
Cited Policies (CDP)
CDP 3.11CDP 13.5CDP 8.22CDP 14.2CDP 14.3CDP 8.27
Decision Document Summary
Grainne Long applied for permission to construct a new dwelling and wastewater treatment system at Newtown, Ballyvaughan, Co. Clare. The site is located in a highly sensitive context, within a designated Heritage Landscape and just 44m from the Blackhead to Poulsallagh Complex SAC. The Planning Authority refused permission because the proposal failed to meet Appropriate Assessment requirements, lacked legal control over the necessary percolation area, and proposed a 9m high dwelling that was dee...SOURCE PDFOpen Original
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