Core Planning Reasoning
The proposal is not exempted development because the shed is located within 100m of a dwelling without owner consent (Class 6 limitation), the access arrangements create a public safety hazard (Article 9 restriction), and the land improvements require an Appropriate Assessment due to potential impacts on the Lough Corrib SAC/SPA (Section 4(4) of the Act).
Decision Maker's Conclusion
- The agricultural shed does not meet the 100-metre proximity limitation to a third-party dwelling specified in Class 6 of Part 3 of Schedule 2 of the Regulations, and no written consent from the householder was provided.
- The temporary access and haul road for the importation of 9000 cubic metres of soil would endanger public safety by reason of traffic hazard or obstruction of road users, triggering de-exemption under Article 9(1)(a)(iii).
- Due to the hydrological link to the Lough Corrib SAC and SPA via the River Waterdale, the possibility of significant effects on water quality cannot be excluded; therefore, the need for an Appropriate Assessment (AA) renders the development non-exempt under Section 4(4) of the Act.
Cited Policies (CDP)
Galway County Development Plan 2022 – 2028Central Galway Complex (landscape character type)Black River Basin (landscape character unit)
Decision Document Summary
This case involves a Section 5 referral at Cloghaun, Claregalway, regarding a proposed 194.5 sqm agricultural shed, access roadway, and land improvements consisting of infilling soil to raise ground levels by 400-500mm. The site is located 3.4km north of Claregalway and abuts the River Waterdale. The Inspector found that while land reclamation is typically exempt under Article 8C, this proposal fails several statutory tests. Specifically, the shed is only 92m from the nearest house, violating th...SOURCE PDFOpen Original
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