Core Refusal Reason
The development was refused due to potential adverse impacts on the Crosswood Bog SAC, non-compliance with mandatory 100-metre residential setback requirements, and unsuitable ground conditions for the proposed surface water disposal system.
Decision Maker's Conclusion
- The applicant failed to provide a Natura Impact Statement (NIS) to rule out significant adverse effects on the adjacent Crosswood Bog SAC, a Natura 2000 site, rendering the proposal contrary to the EU Habitats Directive and County Development Plan conservation policies.
- The proposed agricultural building is sited only 30.8 metres from a third-party dwelling, which is a significant breach of the 100-metre separation distance required by CPO 16.53, thereby injuring the residential amenity of the area.
- The proposed use of on-site soakpits is deemed technically unfeasible due to a high water table and poor ground conditions, posing a serious risk of pollution to ground and surface waters.
Cited Policies (CDP)
CPO 9.28CPO 9.31CPO 9.32CPO 12.4CPO 12.6CPO 16.53
Decision Document Summary
The applicant, Michael Stokes, sought permission for a 206sqm agricultural building for horses and retention permission for imported fill material at Glen, Baylin, Athlone, Co. Westmeath. The site is located in a sensitive rural context immediately adjacent to the Crosswood Bog SAC and has been subject to previous enforcement action regarding illegal filling. Westmeath County Council refused the application on three main grounds: the lack of adequate environmental assessment regarding the protec...SOURCE PDFOpen Original
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