Core Refusal Reason
The site's poor drainage characteristics and peaty soil composition make it unsuitable for the safe disposal of domestic effluent, posing a risk to public health and the nearby Kingstown Bay Special Area of Conservation.
Decision Maker's Conclusion
- The site's wet peaty soils and marshy conditions prevent the guaranteed safe disposal of domestic effluent in strict accordance with the EPA Code of Practice 2021.
- The proposed wastewater treatment system would be prejudicial to public health and pose an unacceptable risk of contamination to surface waters.
- Given the proximity to Kingstown Bay SAC, the poor drainage characteristics mean that likely significant effects on the European site cannot be screened out, potentially harming its qualifying interests.
Cited Policies (CDP)
Policy Objective RC 2Policy Objective RH 9Policy Objective NNR 2Policy Objective NBH 1Policy Objective NHB 2Policy Objective NHB 3Policy Objective WR 1Policy Objective WS 4Policy Objective WS 5Policy Objective WS 7Policy Objective WS 8Policy Objective WW 6Policy Objective WW 8Policy Objective WW 11Policy Objective WM 2Policy Objective FL 2Policy Objective LCM 3DM Standard 7DM Standard 8DM Standard 9DM Standard 11DM Standard 28DM Standard 29DM Standard 36DM Standard 37DM Standard 38DM Standard 46DM Standard 47DM Standard 50DM Standard 63Policy Objective RH 4
Decision Document Summary
The proposal involved the construction of a new dwelling and an on-site effluent treatment system at Knockavalley, Clifden, located within a Landscape Sensitivity Class 3 area. Although the applicant demonstrated a rural housing need, the development was refused primarily due to the site's poor drainage and peaty soil. The Planning Authority concluded that the site could not safely manage wastewater, which would endanger public health and could adversely impact the nearby Kingstown Bay Special A...SOURCE PDFOpen Original
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