1 dwelling, Curraghchase North, Kilcornan, Co. Limerick. - Planning Application 26152

The council’s formal grounds for this decision. Planner assessment and later appeal outcomes are separate.

1. Taking account of the high/extreme groundwater vulnerability in the area, that the site is underlain by a regionally important aquifer and the number of existing houses in the area, additional loading from an onsite wastewater treatment system serving the proposed dwelling to the groundwater would increase the risk of groundwater contamination resulting in an unacceptable risk to public health, in particular for existing dwellings in the area currently served by individual bore wells. In addition, the River Greanagh 010 Water Body has been deemed to be under significant pressure from domestic wastewater treatment systems in the 2nd cycle in the Water Framework Directive. Therefore, the proposed development would be contrary to Objective EH O15 of the Limerick Development Plan 2022-2028, to protect ground and surface water resources and to take into account the requirement of the Water Framework Directive when dealing with planning and land use issues, as well as Objective EH O16, to ensure that septic tanks/proprietary treatment systems, or other waste water treatment and storage systems which are required as part of a development, comply with the standards set out under EPA 2021 etc. and that they are constructed only where site conditions are appropriate. Accordingly, the proposed development would be contrary to the proper planning and development of the area.

   Official final decision · PDF page 3

2. The proposed development would materially contravene the Section 47 Agreement attached to Planning Register Reference Number 10/299 sterilising the subject site and remainder of the landholding associated with 10/299 from further residential development.

   Official final decision · PDF page 3

3. The site of the proposed development is located within the Area of Strong Urban Influence as defined in the Limerick Development Plan 2022-2028. Based on the documentary evidence submitted with the application, it is considered that the applicant does not come within the scope of the housing need criteria as set out in Objective HO O20 (Rural Areas under Strong Urban Influence) of the Development Plan, and as such, the proposed development would materially contravene the objectives of the Limerick Development Plan 2022-2028 in relation to rural settlement, militate against the preservation of the rural environment and be contrary to the proper planning and sustainable development of the area.

   Official final decision · PDF page 3

4. Having regard to the proximity of the development site to Curraghchase Woods Special Area of Conservation (Site Code: 000174), c.100m distance, and the qualifying interests of the SAC, namely the Lesser Horseshoe Bat, the potential arises for direct and indirect effects during the construction phase of the proposed development. In this regard, in the absence of a bat survey, carried out by a suitably qualified ecologist with particular experience of the Lesser Horseshoe Bat, the Planning Authority cannot be satisfied that the proposed development individually or in combination with other plans or projects, would not result in adverse effects on the integrity of the Curraghchase Woods Special Area of Conservation (Site Code: 000174) in view of the conservation objectives and qualifying interests of same.

   Official final decision · PDF page 3, 4

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