2260637
for changes to the original development granted under Pl. Ref. No. 09/745 on the property as follows. 1. Retention for additional floor area of 14sqm to existing dwelling house (overall floor area = 223.70m²), 2. Retention of Garage Structure (Area 60.73m²), 3. Permission to complete the development including the installation of the proprietary effluent treatment system and all associated site services. 4. Permission to remove Condition No. 02 from Planning Permission 09/745 (Enurement Clause)
Core Planning Reasoning
The Inspector recommends the removal of Condition No. 2 (the enurement clause) as the development constitutes a replacement dwelling, which, according to Policy Objective RH6 of the Galway County Development Plan 2022-2028, is specifically exempt from such occupancy restrictions.
Decision Maker's Conclusion
- The dwelling was originally permitted as a replacement for a substandard cottage, and under Policy Objective RH6, replacement dwellings should not be subject to enurement clauses regardless of housing need requirements.
- The applicant has made a valid planning argument that the inclusion of the occupancy restriction was unreasonable and unjustified based on the specific planning history and the wording of the current County Development Plan.
- The proposed retention of modifications and the completion of the wastewater treatment system are consistent with the proper planning and sustainable development of this brownfield site in Clarinbridge.