2286

to build a dwelling, domestic garage, entrance, bore well and install waste water treatment system including associated site works

Refused

Core Refusal Reason

The applicant failed to demonstrate that the site is capable of safe effluent disposal, as the recorded percolation values were significantly below the minimum standards required by the EPA Code of Practice 2021, posing a risk to public health and the environment.

Decision Maker's Conclusion

  • The site is unsuitable for the safe disposal of treated effluent because the recorded sub-surface percolation value of 0.83min/25mm is well below the mandatory minimum of 3min/25mm set by the EPA Code of Practice 2021.
  • The applicant failed to provide a landowner's landholding map or sufficient technical evidence to prove that the required 90-metre sightlines at the proposed entrance could be achieved and maintained within their control.
  • The proposed development would be contrary to the proper planning and sustainable development of the area as it presents an unacceptable risk to public health and environmental protection.

Cited Policies (CDP)

Section 7.8.4Rural Housing Policy

Decision Document Summary

Aaron Brennan applied for permission to construct a dwelling, garage, and wastewater treatment system at Killaloe, Callan, Co. Kilkenny, within an 'Area Under Urban Influence'. The proposal was refused by Kilkenny County Council primarily due to environmental and public health concerns, as site testing revealed soil percolation rates that do not meet national standards for safe effluent discharge. Furthermore, the planning authority determined that the applicant had not sufficiently demonstrated...
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