Core Refusal Reason
The application failed to demonstrate compliance with the 'Agriculture' zoning objective regarding land ownership history, potential adverse impacts on recorded archaeological monuments, and insufficient justification for the scale of the proposed dwelling.
Decision Maker's Conclusion
- The applicant has not provided sufficient evidence, such as Title Deeds, to prove that the subject land has been in family ownership since before 1999, which is a requirement for the 'Agriculture' zoning objective.
- The proposed development site is located in an area with a high density of Recorded Monuments (RMP CL004-016001 and CL004-016003), and the absence of a professional Archaeological Impact Assessment poses a threat to the integrity of archaeological remains.
- The proposed floor area of 200 sq.m lacks adequate justification regarding the applicant's specific requirements, particularly given the site's location within a sensitive 'Heritage Landscape'.
Cited Policies (CDP)
CDP 3.11CDP 15.8CDP 3.15Chapter 3 (Agriculture Objective)Article 19 of the Planning & Development Regulations 2001
Decision Document Summary
Sean O'Driscoll sought outline permission for a 200 sq.m dwelling and wastewater system at Fanorebeg, Fanore, Co. Clare, on lands zoned for agriculture and designated as a 'Heritage Landscape'. While the applicant was considered a 'local rural person', the Planning Authority determined that the proposal could not be granted due to a lack of proof regarding long-term family land ownership (pre-1999) and the high risk of impacting significant subsurface archaeological monuments. Furthermore, the s...SOURCE PDFOpen Original
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