Core Refusal Reason
The proposal was refused due to its visually obtrusive impact on an elevated rural landscape and the failure to demonstrate that the site's soil conditions are suitable for safe wastewater disposal.
Decision Maker's Conclusion
- The proposed development on an elevated and exposed hillside would constitute an obtrusive feature in the rural landscape and contravene Objective ZL-1 of the Kerry County Development Plan 2015-2021.
- The planning authority is not satisfied that the effluent arising from the development can be adequately disposed of on-site due to soil conditions, posing a risk of pollution and a threat to public health.
- The development would be contrary to the proper planning and sustainable development of the area by injuring visual amenities and failing to meet environmental safety standards for wastewater.
Cited Policies (CDP)
Objective ZL-1
Decision Document Summary
Brendan O'Connell applied for permission to build a new private residence with a wastewater treatment system and associated infrastructure at Clahane, Tralee, Co. Kerry. Kerry County Council refused the application because the elevated and exposed nature of the site would result in a visually obtrusive development in a prominent undeveloped area, conflicting with landscape protection policies. Additionally, the applicant failed to prove that the site could safely manage effluent disposal, leadin...SOURCE PDFOpen Original
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