Core Refusal Reason
The application was refused due to non-compliance with strategic road access policies, failure to demonstrate a genuine local rural housing need, and potential adverse impacts on a nearby Special Area of Conservation (SAC).
Decision Maker's Conclusion
- The proposed development would create a new access onto the R430 Strategic Regional Road where an 80kph speed limit applies, contravening Policy TRANS 22 which prohibits unnecessary access onto strategic routes to protect road safety and capacity.
- The applicant failed to demonstrate sufficient compliance with the local rural housing need criteria required for an area designated as being under 'Strong Urban Influence' as set out in Table 4.4 of the County Development Plan.
- Given the site's location within 20m of the River Barrow and River Nore Special Area of Conservation (SAC), it has not been demonstrated that the development would not have a significant impact on the qualifying interests and protected species of the Natura 2000 site.
Cited Policies (CDP)
Policy TRANS 22Table 4.4Policy DM RH 1Map 10.3Policy Objective FRM2Policy Objective FRM 5Policy Objective FRM 13Policy DM FRM 1Policy BNH1Policy BNH5
Decision Document Summary
The proposal sought permission for a 246 sqm dwelling house, garage, and wastewater treatment system on a 0.477-hectare agricultural site at Derrykearn, Abbeyleix, Co. Laois. The site is located in a 'Strong Rural Area' with access proposed directly onto the R430 Strategic Regional Road. Laois County Council refused the application because the new entrance would interfere with the safety and free-flowing nature of a strategic road, the applicant did not meet the 'local need' requirements for rur...SOURCE PDFOpen Original
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