Core Refusal Reason
The application was refused due to the lack of structural certification and integrity testing for the underground tank, which poses a pollution risk to groundwater and private wells, alongside adverse impacts on residential amenity and potential negative effects on nearby European protected sites.
Decision Maker's Conclusion
- The applicant failed to provide structural specifications, certification, or integrity test results for the existing tank, meaning the Planning Authority cannot be satisfied that the structure is fit for purpose or that it will not result in groundwater pollution, particularly concerning a nearby private well.
- The proximity of the underground tank (approximately 9.71m) to the neighboring residential property is considered to have a significant adverse impact on the residential amenity of the adjoining property.
- Due to the presence of a drain along the southern boundary and the lack of scientific certainty regarding the tank's integrity, the Planning Authority is precluded from granting permission as it cannot be ruled out that the development would have a significant effect on European Sites, including the Stabannon-Braganstown SPA and Dundalk Bay SAC/SPA.
Cited Policies (CDP)
Rural Policy Zone 2Section 5.19.1Section 13.13.11.7Objective 19
Decision Document Summary
Gerard and Brian Melia sought retention permission for an existing underground effluent storage tank at an established farmyard in Charlestown, Tallanstown, Co. Louth, located within Rural Policy Zone 2 of the Louth County Development Plan 2021-2027. The proposal was refused by Louth County Council primarily because the applicants failed to demonstrate the structural integrity of the tank through professional certification, raising significant concerns regarding potential groundwater contaminati...SOURCE PDFOpen Original
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