Core Refusal Reason
The proposed development was refused due to its inconsistency with the established cluster settlement character (backland development), encroachment on a rail infrastructure safeguard, and significant concerns regarding traffic safety and public health.
Decision Maker's Conclusion
- The proposal constitutes haphazard backland development on an elevated site that fails to maintain the existing character of the Bearnafunshin/Ballyogan cluster and would negatively impact the visual and residential amenities of the area.
- The development encroaches upon the Shannon Rail Link Infrastructural Safeguard, which would contravene objective CDP8.15 of the County Development Plan by potentially inhibiting the future development of the rail route.
- The project would create a traffic hazard due to inadequate sightlines at the entrance near a railway crossing and poses a public health risk due to the excessive concentration of on-site wastewater treatment systems in an area of extreme groundwater vulnerability.
Cited Policies (CDP)
CDP3.7CDP3.10CDP8.15CDP8.14CDP8.22CDP8.27CDP13.3CDP 14.11CDP17.4
Decision Document Summary
NS Masonry Ltd sought planning permission for two dwelling houses, garages, and a new access road at Bearnafunshin, Barefield, Co. Clare. The site is located within a cluster settlement adjacent to the Ennis-Athenry railway line. Clare County Council refused the application on the grounds that the backland nature of the proposal was inconsistent with the local settlement pattern, the development encroached on a protected rail corridor, and it presented unacceptable risks to traffic safety and pu...SOURCE PDFOpen Original
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