Core Refusal Reason
The development was refused because it is located within 100m of the M1 motorway without meeting exceptional infill criteria or providing required environmental mitigation, and it would exacerbate ribbon development in the rural area.
Decision Maker's Conclusion
- The site is located within 100m of the M1 motorway and does not constitute an exceptional circumstance or infill development, thereby failing to comply with Policy Objective MOV 57.
- The applicant failed to provide necessary noise and air pollution mitigation measures required for residential developments in such close proximity to the national motorway network.
- The proposal would extend an existing pattern of ribbon development to the north of the site, creating an inappropriate form of piecemeal development contrary to Section 13.9.5 and Policy Objective HOU 47.
Cited Policies (CDP)
MOV 57HOU 47Section 13.9.5HOU 41ENV 6ENV 7HOU 40HOU 42Section 13.9.4
Decision Document Summary
Brendan Buckley sought planning permission for a 243sqm chalet bungalow, domestic garage, and wastewater treatment system at Rathgory, Dunleer, Co. Louth. While the applicant successfully demonstrated compliance with local rural housing need criteria (HOU 41), the site's physical constraints led to a refusal. The Planning Authority determined that the site's location within 100m of the M1 motorway was unacceptable as it did not qualify as infill development and lacked required noise/air mitigati...SOURCE PDFOpen Original
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