Core Refusal Reason
The planning authority is not satisfied that the existing communal wastewater treatment system has the capacity or legal management structure to adequately treat and dispose of effluent from the proposed dwelling, posing a risk to public health and the environment.
Decision Maker's Conclusion
- The existing communal wastewater treatment plant serving the Oakwood development is currently non-compliant with its discharge license and nutrient standards, and the applicant failed to demonstrate that the plant is under the ownership of a functional management company.
- Due to the deficiencies in the wastewater treatment system, the proposed development would be prejudicial to public health and contrary to the proper planning and sustainable development of the area.
- The planning authority could not exclude the possibility of significant adverse effects on nearby European sites, specifically the Galway Bay Complex SAC and Inner Galway Bay SPA, resulting from the unsatisfactory disposal of effluent.
Cited Policies (CDP)
Section 3.3 Housing Location/Design and Density in Urban AreasSection 3.4 Locations Appropriate for New Residential Development in Urban AreasSection 3.6 Urban Housing Policies and Objectives
Decision Document Summary
The proposal sought permission for a two-storey detached dwelling and garage on a vacant site within the Oakwood housing development in Ballindereen, Co. Galway. While the site is located within an established residential area where the principle of development is generally supported by the Galway County Development Plan 2015-2021, the application was refused following a request for further information. The refusal was primarily based on the applicant's inability to prove that the existing commu...SOURCE PDFOpen Original
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