2260312

1.The construction of 12 no. residential units. These units will consist of: 2 no. 4 bedroom 2 storey detached houses, 2 no. 4 bedroom 2 storey semi-detached houses, 4 no. 3 bedroomed 2 storey terraced houses and 4 no. 2 bedroom apartments within a 2 storey building, together with an ancillary Utility Storage Building to the rear. 2.Access onto the existing Gleann Mhuiris estate access road and existing public footpaths,3.Provision of communal amenity space, landscaping and updated boundary treatments,4.Connection to public mains and public sewer, together with all associated site works and services. Gross floor space of proposed works 1327.60 sqm.

Refused

Core Refusal Reason

The Planning Authority initially refused permission on the grounds that the site is zoned 'Residential (Phase 2)', which is generally not developable within the plan's lifetime unless it is demonstrated that Phase 1 lands cannot be developed; however, the Inspector recommended a grant of permission, concluding that a compelling case was made regarding the unavailability of Phase 1 lands and that the proposal aligns with the Core Strategy and proper planning.

Decision Maker's Conclusion

  • The Inspector found the applicant's rationale for developing Phase 2 lands 'reasonably compelling,' noting that many Phase 1 lands in Claregalway face significant development constraints such as flood risk and narrow site configurations.
  • The proposed density and layout, including the 24-metre setback from the R381 road and 11-metre rear gardens, are considered adequate to protect residential amenity and maintain the efficiency of the regional road network.
  • The development is deemed to comply with the Core Strategy and Gaeltacht policies, provided a 20% language enurement clause is applied to support the linguistic culture of the area.

Cited Policies (CDP)

Land Use Zoning Objective GCMA 1Metropolitan Area Strategic Plan (Volume II)Policy Objective GCMA 1 - ResidentialDM Standard 1: Qualitative Assessment-Design QualityDM Standard 2: Multiple Housing Schemes (Urban Areas)Table 15.1: Residential DensityVariation No.2(b) Galway County Development Plan 2015-2021Policy objective GA 4 Language Enurement ClauseChapter 13: The Galway Gaeltacht and IslandsChapter 3: Placemaking, Regeneration and Urban LivingChapter 15: Development Management StandardsSection 6.5.3.2 Non-National Roads

Decision Document Summary

This report pertains to a first-party appeal against the refusal of planning permission for 12 dwellings at Baile Chláir, County Galway. The Planning Authority refused the application primarily because the site was rezoned from Phase 1 to Phase 2 Residential during the application process, leading them to conclude the proposal would materially contravene the new Development Plan. The site is a flat, infill plot on the southern edge of Claregalway, near schools and business parks. The Inspector's...
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