Core Refusal Reason
The development was refused due to public health risks arising from the location of the effluent treatment system within fluvial flood zones, combined with technical failures regarding site access, water connectivity, and biodiversity standards.
Decision Maker's Conclusion
- The proposed percolation area is located within Flood Zones A and B, and the applicant failed to provide a Site Specific Flood Risk Assessment demonstrating that the system is not at risk of flooding or prejudicial to public health.
- The application did not demonstrate compliance with technical standards for site access, specifically regarding 65m sightlines at a shared forestry entrance and the registration of a formal Right of Way.
- The proposal failed to meet mandatory requirements for 20% biodiversity planting and lacked a Certificate of Feasibility from Irish Water for the proposed public water connection.
Cited Policies (CDP)
Section 3.1.2 Standards for Single Dwellings in Rural Areas (Volume 2) of the County Development Plan 2022-2028
Decision Document Summary
The proposal involved the construction of a dwelling and services at Ballycomclone, Courtown. The planning authority refused permission because the site, specifically the percolation area, is situated within high-risk fluvial flood zones (A and B), and the submitted flood assessment was insufficient to rule out public health risks or third-party impacts. Furthermore, the application was deficient in its provision for biodiversity landscaping, failed to secure a water connection feasibility certi...SOURCE PDFOpen Original
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