Core Refusal Reason
The site is unsuitable for wastewater treatment due to its location over a highly vulnerable karstified aquifer with shallow soil cover, posing significant risks to groundwater quality and public health.
Decision Maker's Conclusion
- The site's location over a Regionally Important Aquifer with 'Extreme' vulnerability and shallow soil depth means wastewater cannot be satisfactorily treated, contravening Objectives WW5 and WS11.
- The proliferation of septic systems in the immediate vicinity, combined with poor site conditions, poses an unacceptable risk to water quality and public health.
- Due to indirect hydrological connectivity, the Planning Authority cannot conclude that the development would not have a likely significant effect on the integrity of nearby European sites, specifically the Inner Galway Bay SPA and Galway Bay Complex SAC.
Cited Policies (CDP)
Objective RHO 1Objective RHO 3Objective RHO 9Objective NBH 1Objective NHB 3Objective DS 6Policy LCM 1Objective LCM 1Objective LCM 2Objective WW 5Objective WW 7Objective WS 11DM Standard 6DM Standard 8DM Standard 20DM Standard 27DM Standard 39DM Standard 41Objective NHB 6
Decision Document Summary
The proposal involved the construction of a 222.4 sqm dwelling and wastewater treatment system in the rural townland of Cloosh, Kinvara. Although the applicant met the rural housing need criteria, the site's physical constraints—specifically its location on karstified limestone with extreme aquifer vulnerability—rendered it unsuitable for effluent disposal. The application was refused as it would pose a risk to groundwater, contravene development plan policies on water protection, and potentiall...SOURCE PDFOpen Original
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