Core Refusal Reason
The primary reason for refusal is that the subject site is unsuitable for the safe and efficient treatment and disposal of wastewater due to the heavy presence of rock/bedrock close to the surface, posing a risk to public health and potential contamination of nearby European sites.
Decision Maker's Conclusion
- The applicant successfully demonstrated a functional and economic rural housing need in accordance with policies RC2, RH2, and RH4 of the Galway County Development Plan 2022-2028.
- The proposed development was found to be acceptable in terms of visual impact on the Class 3 'Special' landscape and traffic safety regarding access to the N67 national secondary road.
- The Board is precluded from granting permission because the application failed to demonstrate that there is an adequate depth of soil for foul water treatment, which creates a hydrological link to and potential negative impact on the Galway Bay Complex SAC and Inner Galway Bay SPA.
Cited Policies (CDP)
Policy RC2Policy RH2Policy RH4Policy RH9Policy RH15Policy LCM1Policy LCM3Policy PVSR1Policy NR1Policy NR4DM Standard 8DM Standard 26DM Standard 28Section 4.6.3
Decision Document Summary
The proposal involves the construction of a contemporary 'T-shape' bungalow and a wastewater treatment system on a 0.5ha site at Inishroo, Kinvara, Co. Galway. The site is located in an area under strong urban pressure and within a Class 3 'Special' landscape along a designated scenic route. Galway County Council originally refused permission based on traffic safety concerns on the N67 and negative visual impacts. Upon appeal, the Inspector disagreed with the Council's assessment of traffic and ...SOURCE PDFOpen Original
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