Core Refusal Reason
The application was refused due to failure to demonstrate compliance with rural housing 'local need' criteria and insufficient evidence regarding the suitability of wastewater treatment for the proposed development.
Decision Maker's Conclusion
- The extent of demolition proposed means the development is assessed as a new house rather than a refurbishment, thereby requiring the applicant to demonstrate a 'Local Rural Need' under CDP 3.11, which was not satisfied.
- The applicant indicated the dwelling was intended for sale or letting, which materially contravenes the requirement for permanent occupancy by a qualifying applicant in an Area of Special Control.
- Insufficient information was submitted to demonstrate that the existing septic tank is suitable to serve a new four-bedroom dwelling, posing a risk to public health and the water quality of the nearby Carrowmore Point to Spanish Point and the Islands SAC.
Cited Policies (CDP)
CDP 3.11CDP 3.15CDP 13.5CDP 13.7CDP 8.4CDP 14.2CDP 14.3
Decision Document Summary
P Sexton sought permission to demolish part of a derelict structure and construct a 187 sq.m. extension at Breaffy South, Miltown Malbay, Co. Clare. The site is located within a Heritage Landscape and adjacent to a Scenic Route. Clare County Council refused the application primarily because the scale of the works constituted a new dwelling, triggering 'Local Need' policies that the applicant failed to meet, especially given the intent to sell or rent the property. Furthermore, the lack of techni...SOURCE PDFOpen Original
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