Core Refusal Reason
The application was refused due to non-compliance with rural housing access policies on a strategic regional route and the location of the site within a high-risk flood zone without meeting the required justification test.
Decision Maker's Conclusion
- The proposed development fails to comply with Policy Trans 17 of the Laois County Development Plan 2017-2023 as the applicants do not meet the specific criteria for access onto a Strategic Regional Route (R-426), which is restricted to full-time farmers or their children.
- The application site is situated within Flood Zones A and B, and the proposal for a 'highly vulnerable' dwellinghouse fails to satisfy the criteria of the Justification Test required by national Flood Risk Management Guidelines.
- The development would materially contravene the County Development Plan, set an undesirable precedent for similar developments, and potentially exacerbate flood risk, making it prejudicial to public health and safety.
Cited Policies (CDP)
Trans 17Trans 16Trans 22CS43CS44CS45DM 44DM 45Appendix 7
Decision Document Summary
The proposal sought permission for a single-storey dwelling, domestic garage, and wastewater treatment system on a 0.6-hectare site located approximately 700m north of Timahoe village, fronting the R-426 Strategic Regional Road. Laois County Council refused the application because the applicants, as intended purchasers rather than established local farmers, did not meet the restrictive access requirements for a strategic regional route under Policy Trans 17. Furthermore, the site's location with...SOURCE PDFOpen Original
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