Core Refusal Reason
The proposed development was refused as the applicant failed to demonstrate a functional economic or social need to live in a 'Stronger Rural Area,' the design and backland location were deemed visually intrusive and haphazard, and the risk of significant adverse effects on the Mulroy Bay SAC could not be excluded.
Decision Maker's Conclusion
- The applicant failed to demonstrate compliance with rural housing policy (RH-P-3 and NPO19), showing no functional connection or demonstrable economic/social need to reside in this specific rural area.
- The proposed house, by virtue of its excessive massing, complex geometry, and remote backland location, would result in a visually intrusive feature that fails to assimilate into the landscape and disrupts the rural character of the area.
- The proximity of the wastewater treatment system to the Mulroy Bay SAC and the lack of objective assessment regarding water quality means it cannot be ascertained beyond reasonable doubt that the project would not adversely affect the integrity of a European site.
Cited Policies (CDP)
RH-P-1RH-P-2RH-P-3RH-P-9NH-O-2NH-O-3NH-P-1NH-P-7T-P-15Appendix 3: Development & Technical StandardsAppendix 4: Building a House in Rural Donegal – A Location, Siting and Design GuideNPO 19 (National Planning Framework)
Decision Document Summary
The application seeks permission for a large (529sqm) contemporary house, integral garage, and wastewater treatment system on a 2.61ha greenfield site at Rosgarrow, Co. Donegal. The site is located in a 'Stronger Rural Area' and is a backland plot situated 35m below the level of the public road, abutting the Mulroy Bay SAC. The Inspector agreed with the Planning Authority’s refusal, emphasizing that the applicants provided insufficient evidence of a genuine rural housing need. Furthermore, the I...SOURCE PDFOpen Original
Note: If code appears below, the council site is blocking the preview. Please open the original file.