Core Refusal Reason
The development results in the permanent loss of communal open space, contravenes specific zoning objectives, creates pedestrian safety hazards, and encloses public sewer infrastructure.
Decision Maker's Conclusion
- The development materially contravenes the 'Open Space' zoning objective of the Clare County Development Plan 2017-2023 by enclosing communal land for private use and setting an undesirable precedent.
- Unauthorized alterations to the public footpath have resulted in an obstruction that constitutes a traffic hazard and endangers pedestrian safety.
- The enclosure of public sewer lines within the private boundary is prejudicial to public health as it restricts access for essential maintenance and infrastructure management.
Cited Policies (CDP)
Objective CDP19.3
Decision Document Summary
The applicant sought retention permission for boundary walls and a garden shed at 18 Maiville, Kilrush Road, Ennis. The development was refused primarily because it encroaches approximately 6.6m onto communal land zoned as 'Open Space', representing a material contravention of the County Development Plan. Furthermore, the Planning Authority found that the works interfered with the public footpath, creating a safety hazard, and enclosed a main foul sewer line, which is considered prejudicial to p...SOURCE PDFOpen Original
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