22731

to: (1) retain existing finished floor level on existing house (2) retain existing effluent treatment unit in its current position, all on previously granted planning permission reference: 05/728

Refused

Core Refusal Reason

The application was refused due to non-compliance with a previous enurement agreement (Condition 2 of PL 05/728) and failure to demonstrate that the existing wastewater treatment system operates safely in accordance with EPA standards and policy objective WW6.

Decision Maker's Conclusion

  • The applicant failed to provide satisfactory evidence that the development complies with the enurement agreement required by Condition 2 of planning reference PL 05/728, which could perpetuate unauthorized development on the site.
  • The planning authority is not satisfied that the existing wastewater treatment system is operating effectively or that it can guarantee the safe disposal of domestic effluent in accordance with the EPA Code of Practice.
  • The proposed development would contravene policy objective WW6 of the Galway County Development Plan and would be contrary to the proper planning and sustainable development of the area.

Cited Policies (CDP)

Galway County Development Plan 2022-2028Chapter 4 - Rural Living and DevelopmentChapter 7 - Infrastructure, Utilities & Environmental ProtectionSection 7.5 Water and WastewaterChapter 10 - Natural Heritage, Biodiversity and Green/Blue InfrastructureChapter 14 - Climate Change, Energy and Renewable ResourcesSection 14.6 FloodingChapter 15 - Development Management StandardsSection 15.2.2 Applicable to All DevelopmentSection 15.3.1 Rural HousingSection 15.5.2 Guidelines for Roads & ParkingSection 15.6.1 Water & WastewaterSection 15.7.2 Landscape SensitivityPolicy objective WW6Policy Objective NHB 1Policy Objective NHB 2Policy Objective NHB 3Policy Objective NHB 4Policy Objective WR 1DM Standard 50

Decision Document Summary

This application sought the retention of an existing finished floor level and an effluent treatment unit at Aughrus More, Claddaghduff, Co. Galway. The site is located in a rural area with high landscape sensitivity and is adjacent to several European protected sites, including the Aughrusbeg Machair and Lake SAC. Galway County Council refused the application primarily because the applicant did not demonstrate compliance with a previous enurement agreement, and failed to prove that the onsite wa...
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