Core Refusal Reason
The application was refused due to the failure to demonstrate compliance with rural housing occupancy requirements (enurement clause), insufficient technical evidence regarding the wastewater treatment system's efficacy, and a lack of clarity concerning site boundaries and unauthorized ancillary structures.
Decision Maker's Conclusion
- The applicant failed to provide sufficient technical details to prove the amended effluent treatment system complies with EPA standards, posing a potential risk to groundwater and nearby Natura 2000 sites.
- There is a lack of verifiable evidence regarding the applicants' continuous occupation of the dwelling or an agreed Enurement Covenant, which contravenes the conditions of the parent permission and rural housing policy.
- The omission of details regarding site boundaries, the garage, and ancillary structures prevents a full assessment and would perpetuate unauthorized development on the site.
Cited Policies (CDP)
Policy Objective RH 2Policy Objective RH 9Policy Objective WW 6Policy Objective WW 10Policy Objective WR 1Policy Objective WS 7Policy Objective LCM 1Policy Objective LCM 3DM Standard 11DM Standard 28DM Standard 38DM Standard 47
Decision Document Summary
This application sought retention for alterations to a dwelling, a relocated percolation area, and the removal of an enurement clause at Ardamullivan, Gort, Co. Galway. The Planning Authority refused permission on three main grounds: the potential for environmental risk due to unverified wastewater treatment arrangements, the failure to satisfy rural housing occupancy conditions (Condition 2 of PI Ref. 07/671), and the lack of comprehensive information regarding site boundaries and ancillary str...SOURCE PDFOpen Original
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