Core Refusal Reason
The application failed to address critical requirements regarding legal access over zoned open space, Part V social housing compliance, and the technical management of surface water on a site with evident drainage issues.
Decision Maker's Conclusion
- The proposed entrance requires traversing land zoned as 'open space' outside the application's red line boundary, for which the applicant failed to demonstrate sufficient legal interest or a right of way.
- The applicant did not submit a certificate of exemption or proposals for compliance with Part V of the Planning and Development Act 2000, which is a mandatory requirement for the site's residential zoning.
- Inadequate information was provided regarding the treatment and disposal of surface water, failing to address observed ponding and wet ground conditions identified during the site inspection.
Cited Policies (CDP)
Existing Residential ZoningClare County Development Plan 2017-2023 (as varied)Part V of the Planning and Development Act 2000
Decision Document Summary
The proposal involves the construction of a 209sqm single-storey detached dwelling and associated site works on a 0.12ha site at Athlunkard, Parteen, Co. Clare, located within an 'Existing Residential' zone. Although the principle of a residential infill was deemed acceptable, the application was refused because the applicant could not prove legal access over an adjacent strip of 'open space' land, failed to meet Part V social housing obligations, and provided insufficient drainage details to mi...SOURCE PDFOpen Original
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