Core Refusal Reason
The application was refused due to the applicant's failure to demonstrate legal right-of-way and maintenance agreements for the private access road, unresolved water supply infrastructure deficits on third-party lands, and non-compliance with EPA wastewater separation distance standards.
Decision Maker's Conclusion
- The applicant failed to provide formal legal agreements for unobstructed vehicular access and maintenance of the private roadway, which would result in haphazard and disorderly development.
- A significant 90-metre deficit in water supply infrastructure exists, and the applicant failed to secure necessary third-party agreements to facilitate the required upgrade works.
- The proposed wastewater treatment system layout does not comply with the EPA Code of Practice 2021 regarding minimum separation distances from site boundaries, posing a risk to public health.
Cited Policies (CDP)
DM Standard 30Policy Objective WS 4Policy Objective WW 6Chapter 15 - Development Management Standards
Decision Document Summary
Eamon Hickey proposed the construction of a two-storey dwelling, garage, and wastewater treatment system at Clogharevaun, Galway East, situated on the periphery of Kiltullagh. Following a request for further information, Galway County Council refused permission because the applicant could not prove legal entitlement to use and maintain the private access road. Additionally, the proposal failed to address a critical water supply infrastructure shortfall requiring third-party land access and submi...SOURCE PDFOpen Original
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