21971

to construct dwelling house, entrance, recessed front boundary, foul sewer treatment system and percolation area plus all ancillary site works

Refused

Core Refusal Reason

The proposal failed to demonstrate compliance with rural housing need criteria, posed significant environmental and ecological risks, would negatively impact a designated Heritage Landscape, and created a traffic hazard.

Decision Maker's Conclusion

  • The applicant failed to meet the 'Local Rural Housing Need' criteria under Policy Objective CDP 3.11 because they previously owned a dwelling in the surrounding rural area between 2002 and 2011.
  • The development would seriously injure the visual amenities of a designated Heritage Landscape and poses an unacceptable risk of environmental pollution to groundwater and the Lower River Shannon SAC due to inadequate wastewater treatment arrangements.
  • The proposed site entrance lacks the required sight distances, which would result in a traffic hazard and endanger public safety.

Cited Policies (CDP)

CDP 3.11CDP 8.27CDP 13.5CDP 14.2CDP 14.3

Decision Document Summary

This application sought permission for a new dwelling, wastewater treatment system, and entrance at Rehy East, Cross, Co. Clare, within a sensitive Heritage Landscape. Clare County Council refused the application on five grounds, primarily noting that the applicant did not qualify for a rural house under the County Development Plan due to prior property ownership in the area. Furthermore, the planning authority determined that the project would cause significant visual injury to the landscape, l...
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