Core Refusal Reason
The application was refused due to the failure to demonstrate a genuine rural housing need in a 'Stronger Rural Area', significant fluvial flood risk on the site, and associated public health concerns regarding wastewater disposal in a flood-prone area.
Decision Maker's Conclusion
- The applicant failed to demonstrate a rural housing need in accordance with Objective RS-10 for a site designated as a 'Stronger Rural Area'.
- The site is located in an area at risk of fluvial flooding (1% AEV) with a documented history of flooding, contravening Objective NE-77 of the County Development Plan.
- Due to the flood risk, the Planning Authority is not satisfied that effluent can be safely disposed of on-site, posing a risk to public health.
Cited Policies (CDP)
Objective RS-10Objective NE-77Kerry County Development Plan 2015-2021
Decision Document Summary
Susan McCarthy sought planning permission for a dormer dwelling, septic tank, and percolation area at Owenagarry, Killorglin, Co. Kerry. The site is located in a 'Stronger Rural Area' and is subject to significant fluvial flood risk (1% AEV). Kerry County Council refused the application on three grounds: the lack of a demonstrated rural housing need under Objective RS-10, the unacceptable risk of flooding which contravenes Objective NE-77, and the resulting inability to safely manage wastewater ...SOURCE PDFOpen Original
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