Core Planning Reasoning
Permission was refused because the applicant failed to provide sufficient information to fully assess the proposal's impact, specifically regarding the extent of demolition/rebuilding, road safety (sightlines and pedestrian facilities), and the potential for significant adverse effects on the integrity of European sites (Lough Swilly SAC and SPA) in the absence of a Natura Impact Statement.
Decision Maker's Conclusion
- The nature and extent of the proposal is poorly defined as the works involve substantial demolition and rebuilding rather than mere completion, necessitating a revised description and assessment under current building standards.
- The development is deficient in terms of road safety and sustainable transport, as it fails to demonstrate required sightlines on the L3571 or provide the necessary pedestrian link footpath to nearby social infrastructure.
- The Board is precluded from granting permission under the Habitats Directive because the absence of a Natura Impact Statement and technical confirmation of the wastewater system's integrity means adverse effects on the Lough Swilly SAC and SPA cannot be ruled out.
Cited Policies (CDP)
Policy Objective RH-P-5Objective CS-O-14Policy CS-P-7Policy UB-P-17Objective UB-O-10Policy WES-P-11Table 5.2.1Flooding Policy 5Table 3 to Appendix 3Table 6 of Appendix 3
Decision Document Summary
The proposal seeks to complete a residential development originally permitted during the 'Celtic Tiger' era at Rockstown, Co. Donegal, consisting of 5 partially constructed dormer bungalows. Located in a rural area under strong urban influence, the site currently contains building shells that have suffered from prolonged exposure. While the Planning Authority was initially satisfied to grant permission, the Inspector's assessment highlights significant gaps in the application. Key arguments incl...SOURCE PDFOpen Original
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