Refusal decisions · 8 June–14 June 2026

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

1. It is the policy of the Council as stated in the Carlow County Development Plan 2022 - 2028, namely Section 3.16.2 Rural Generated Housing Need to manage the development of one off housing in the county. In this regard, based on the documentation received, it is considered that the applicant has not sufficiently demonstrated compliance with a category of the ‘local need’ criteria as outlined in Section 3.16.2 Rural Generated Housing Need of the Plan. The proposed development would therefore materially contravene the Carlow County Development Plan 2022 - 2028 and would, therefore, be contrary to the proper planning and sustainable development of the area.

   Official final decision · PDF page 2

2. In conjunction with the extent of existing development in the area, the extent of ribbon development in the area and the degree of existing haphazard or piecemeal development in the area, it is considered that the proposed development would exacerbate an excessive density of development in a rural area lacking certain public services and community facilities, would contribute to the increasing suburbanisation of the area, would contravene the Carlow County Development Plan 2022 – 2028 and would therefore be contrary to the proper planning and sustainable development of the area

   Official final decision · PDF page 2

3. It is considered that the proposed dwelling, by reason of its design, bulk, scale and mass would be visually obtrusive, would seriously injure the visual amenity of this rural area and is contrary to the rural design and development guidelines as outlined in Chapter 13 of the Carlow County Development Plan 2022-2028. The proposed design, if permitted would set an undesirable precedent for other such development in the vicinity and would, therefore, be contrary to the proper planning and sustainable development of the area.

   Official final decision · PDF page 2

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

1. The application site is located within lands subject to the Enterprise and Employment zoning objective as per the Tullow District Town Plan (Variation 3 of the Carlow County Development Plan 2022-2028) the purpose of which is to “promote and provide for the development of enterprise and employment generating uses”. The purpose of this zoning objective is to provide for enterprise and employment uses 'apart from traditional commercial functions that should locate within a town or village core area' and states that support facilities such as canteen, restaurant or creche services should be 'walk to' support facilities, integrated into employment units, and of a nature and scale to serve the needs of employees on the campus. The applicant has failed to demonstrate that the proposed development would constitute a support facility for the existing employment uses on site. In the absence of same the Planning Authority considers that the proposed development would introduce a commercial independent use unrelated to the land use zoning of the site and would therefore materially contravene the zoning of the subject site as set out in the Tullow District Town Plan (Variation 3 of the Carlow County Development Plan 2022-2028) and would therefore be contrary to the proper planning and sustainable development of the area.

   Official final decision · PDF page 3

2. Having regard to the proposed drive through nature of the development, the constrained internal layout of the site, and the relationship between the drive through lane, parking/manoeuvring areas and the existing vehicular access serving the N81/Bunclody Road, the Planning Authority is not satisfied that the proposed development would operate safely within the site. The submitted information does not adequately demonstrate how the proposed development will operate and manage internal queueing, staff/customer parking arrangements, peak period traffic or how queuing/overspill onto the public road would be prevented. The submitted layout has therefore not demonstrated that vehicles can enter, queue and exit without conflict with other internal vehicular movements or without giving rise to traffic hazard or obstruction. The proposal would, therefore, be contrary to Section 16.10.2 of the Carlow County Development Plan 2022–2028, and would fail to demonstrate that the safety, capacity and operational efficiency of the N81 national road would be protected, having regard to the Spatial Planning and National Roads Guidelines for Planning Authorities, 2012. The proposed development would therefore be contrary to the proper planning and sustainable development of the area.

   Official final decision · PDF page 3, 4

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

1. Given the independent standalone nature of the development which includes the provision of a shared wastewater treatment system serving both the subject dwelling and the adjoining property to the north, it is considered that the development would be prejudicial to public health by virtue of the maintenance and access arrangements associated with the shared effluent treatment system and, as such, would be contrary to the proper planning and sustainable development of the area.

   Official final decision · PDF page 2

2. It is considered that the retention of the mobile home by reason of its siting, design and material construction would result in a haphazard, disorderly development, would be inconsistent and out of character with the established pattern of development in the area, would be injurious to the visual amenities of the area, and would create an undesirable precedent for similar development in the future. The retention of the development would, therefore, be contrary to the proper planning and sustainable development of the area.

   Official final decision · PDF page 2

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

1. The site is located in a rural area designated as Mallow Town Greenbelt 1-1, in the Cork County Development Plan, 2022. Within this area, applicants must demonstrate that their proposal constitutes a genuine rural generated housing need. On the basis of the information submitted, the Planning Authority is not satisfied that the applicants have demonstrated a need for a house at this location. The proposed development would thus conflict with the settlement policy and Objective RP 5-4 and RP 5-20 of the Cork County Development Plan, 2022 and would be contrary to the proper planning and sustainable development of the area.

   Official final decision · PDF page 2

2. The proposed site is located in the Mallow Town Greenbelt where there is significant pressure for housing and is designated as a 'High Value Landscape' within the Cork County Development Plan 2022. The proposed development and required roadside boundary alterations would conflict with objective PL 3-5, BE 15-6(b), RP 5-22 (d) and GI 14-9(e) of the Cork County Development Plan 2022. Furthermore, the proposed development when taken in conjunction with existing development and suburban type roadside boundary treatments in the area, would constitute an undesirable excessive concentration of suburban type of development in a rural area. The intensification of such a pattern of development would militate against the preservation of the rural environment. The proposed development would therefore not be in accordance with the Sustainable Rural Housing Guidelines published by the Department of the Environment, Heritage and Local Government (2005) and section 5.6.3 of the Cork County Development Plan 2022 and would be contrary to the proper planning and sustainable development of the area.

   Official final decision · PDF page 2

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

1. It is considered the height, scale, extent and design of the wall to be retained would result in an incongruous and obtrusive feature which would have a detrimental and injurious negative impact on the visual and scenic amenities of this sensitive landscape. The development is contrary to policy objectives GI 14-9, BE 15-2 and BE 15-6, in particular, of the Cork County Development Plan, 2022.

   Official final decision · PDF page 2

2. The wall proposed to be retained, if permitted, would establish an undesirable precedent for this type of structure along a very sensitive and scenic landscape and would in itself result in an incongruous and obtrusive feature and be detrimental to the visual and scenic amenities of the area. This is contrary to the proper planning and sustainable development of the area.

   Official final decision · PDF page 2

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

1. The proposed development would be located on a site in a rural area to the south west of Dromahane village. As indicated in the Cork County Development Plan 2022, it is the Council’s stated objective to ensure that new development meets high standards of siting and design and to discourage proposals necessitating the removal of extensive amounts of trees, hedgerows and historic walls or other distinctive boundary treatments, as set out in objective GI 14-9 ( c) and (e). Furthermore, objective BE15-2(c ) seeks to protect and where possible enhance areas of local biodiversity value, ecological corridors and habitats that are features of the county’s ecological network and objective BE 15-6 seeks to provide for the protection and enhancement of biodiversity in the development management process and (b) encourages the retention and integration of existing trees, hedgerows, and other features of high natural value within all new developments. Also, objectives HE 16-21 and RP 5-22 seek to ensure that new development respects the character of existing places and fits appropriately into the landscape. It is considered that the proposed development would be contrary to the stated objectives and it would detract from the character and the visual amenities of this rural area. The proposal would set an undesirable precedent for similar developments. Therefore, the proposed development would be contrary to the proper planning and sustainable development of the area.

   Official final decision · PDF page 2

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

1. It has been determined that the preparation of the site for the proposed development has resulted in significant negative effects on a habitat of high ecological value (mature woodland). The proposed development would, thus, materially contravene Objectives BE 15-2 and BE 15-8 of the Cork County Development Plan, 2022 which seek to protect and where possible enhance areas of local biodiversity value, ecological corridors and habitats that are features of the County’s ecological network, and to protect mature trees/groups of mature trees and mature hedgerows that are not formally protected under Tree Preservation Orders. The proposal would therefore set an undesirable precedent and would be contrary to the proper planning and sustainable development of the area.

   Official final decision · PDF page 2

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

1. The Planning Authority is not satisfied that the proposed development makes adequate provision for the disposal of surface or storm water. The soil infiltration tests associated with the four no. soakaways have not been provided to substantiate the infiltration rates and the absence of a surface water outfall from the site is of serious concern in particular as it is stated that an area of the site has exhibited negligible infiltration characteristics. The inclusion of soakaways as the sole surface water disposal route for this site is not to the satisfaction of the Planning Authority. The Cork County Development Plan 2022 recommends that SUDS solutions are considered as an interconnected system rather than reliance on a single component or measure. In the absence of a defined off site surface water disposal option, it has not been demonstrated that the proposed development would not result in increased flood risk or potential pollution of receiving watercourses. The proposed development would therefore be prejudicial to public health and contrary to sustainable drainage principles, including the requirements of Sustainable Drainage Systems (SuDS), and would be contrary to the proper planning and sustainable development of the area.

   Official final decision · PDF page 2

2. There is insufficient information available to enable the Planning Authority to complete Appropriate Assessment and no further time is available to seek further clarification. As such the Planning Authority is unable to form a full, precise and definitive conclusion capable of removing all reasonable scientific doubt as to the effects the proposal would have on the Blackwater River SAC associated with surface water discharges from this site. The proposed development would, thus, materially contravene Objective BE 15-2 of the Cork County Development Plan, 2022 which seeks to protect all natural heritage sites which are designated or proposed for designation under European legislation, National legislation and International Agreements.

   Official final decision · PDF page 2

3. A DMURS compliance audit has been carried out for the proposed development however not all recommended measures have been included in relation to car parking, the proximity of parking spaces to a 90 degree bend and the advance visibility of pedestrians to on coming traffic approaching the two no. proposed zebra crossings on the L-9042-0. The proposed development would therefore give rise to a potential traffic hazard and would endanger public safety by reason of inadequate pedestrian infrastructure and safe crossing arrangements. As such, it would be contrary to the principles set out in the Design Manual for Urban Roads and Streets, 2013, to the provisions of the Cork County Development Plan 2022-2028, in particular Objective TM 12-2 and would be contrary to the proper planning and sustainable development of the area.

   Official final decision · PDF page 2, 3

4. The site is located within a Key Town / Large Town, as defined by the Sustainable Residential Development and Compact Settlements Guidelines for Planning Authorities, 2024 where a target density range of 30 dph (dwellings per hectare) to 50 dph applies. The Planning Authority is not satisfied based on the information submitted that the proposed development achieves the minimum density range. The applicant has failed to demonstrate a clear and robust calculation of net developable area (NDA) and residential density has been measured with areas of incidental open space and landscaping excluded, thereby undermining the accuracy of the stated residential density. Given the location of the site and topography, it is considered that the site is not so constrained to justify a density below the minimum threshold. The proposed development therefore represents insufficient residential density, resulting in a suboptimal and inefficient use of serviced lands. As such, it would be contrary to national policy objectives of the NPF to achieve sustainable urban development and compact growth, contrary to the Sustainable Residential Development and Compact Settlements Guidelines for Planning Authorities, 2024, and to the provisions of the Cork County Development Plan 2022–2028, and would be contrary to the proper planning and sustainable development of the area.

   Official final decision · PDF page 3

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

Source note: The source link opens the official case record. Open its documents and select Notification of Decision dated 11 June 2026 (order 2026PH1568) to read the reviewed final notice.

1. Having regard to the information submitted with the application, the applicant has not provided sufficient, verifiable evidence to demonstrate a genuine agricultural need for a storage shed of this nature at this specific location, in particular, the failure to demonstrate proof of active livestock numbers; and the failure to demonstrate ownership of an associated farm holding in close proximity to the existing shed. The development, in the absence of a defined and justified agricultural enterprise, would represent an unjustified and ad-hoc form of development in a rural area, which would set an undesirable precedent for similar piecemeal developments, and would therefore be contrary to the proper planning and sustainable development of the area.

   Official case file · decision PDF page 2

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

1. Having regard to the design of the rear dormer, which extends to the eaves of the existing roof to the rear, and to the scale and width of the proposed terrace, it is considered that the proposed development would result in excessive overlooking and loss of privacy to the adjoining properties to the east and west of this property, a number of which are protected structures, which would seriously injure their residential amenities and would be contrary to Appendix 18, Section 5 (Attic Conversions / Dormer Windows) of the Dublin City Development Plan 2022-2028. The proposed development would set an undesirable precedent which would be contrary to the Z2 zoning for the site, which seeks ‘to protect and/or improve the amenities of residential conservation areas’, and to Policy BHA9, in relation to Conservation Areas. The proposed development would therefore be contrary to the proper planning and sustainable development of the area.

   Official final decision · PDF page 1, 2

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

1. The boundary wall to the vehicular entrance, including pillars and gates, at a height of 2.0 metres, together with the excessive entrance width of 4 metres, results in reduced sightlines and poor visibility for drivers exiting the site across a public footpath. The proposed development to be retained therefore gives rise to a traffic hazard and endangers public safety. Furthermore, the vehicular entrance width exceeds the maximum permitted for a single residential dwelling as set out under Section 4.3.1 of Appendix 5 of the Dublin City Development Plan (2022-2028). The development is therefore contrary to the provisions of the Development Plan and would set an undesirable precedent for similar development in the area, contrary to the proper planning and sustainable development of the area.

   Official final decision · PDF page 2

2. Having regard to the zoning objective for the site, which is Z2, to protect and/or improve the amenities of residential conservation areas, it is considered that the boundary treatment, including the excessive width of the vehicular entrance (4 metres), the height of the gate piers and gates, and the design of the internal boundary, would constitute an inappropriate and visually intrusive intervention within the curtilage of a Protected Structure. The proposal undermines the historic character and setting of the Protected Structure and detracts from the adjoining stone boundary wall. The proposal would therefore be contrary to Policies BHA2 and BHA9 of the Dublin City Development Plan 2022-2028, Section 4.3.7 of Appendix 5, and the Architectural Heritage Protection Guidelines (2011). The development would, in itself and by the precedent it would set, seriously injure the visual amenities of the area and would be contrary to the proper planning and sustainable development of the area.

   Official final decision · PDF page 2

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

1. The proposed shopfront alterations, including the deep red fascia treatment, corrugated awning design and fixed awning projection over the public footpath, by reason of their design, materials and relationship with the host building and surrounding buildings, would be injurious to the character and visual amenities of this sensitive city centre streetscape, would interfere with the proper functioning of the public realm, and would be contrary to good shopfront design as set out in the Dublin City Council Shopfront Design Guide (2001), the Retail Design Manual (2012), Section 15.17.5 of the Dublin City Development Plan 2022–2028, and Appendix 5 thereof. The proposed development would therefore create an undesirable precedent for similar type development and would be contrary to the proper planning and sustainable development of the area.

   Official final decision · PDF page 1

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

1. By way of its form, its ad-hoc, untidy, poorly-considered layout, siting and materiality, combined with the other unauthorised covered areas and screens to the rear and side of No. 55 Prussia Street (Protected Structure) used by the patrons of the City Arms Pub, albeit which are outside the red line site boundary but within the ownership of the Applicant, the proposed permanent retention of the existing development creates a cumulatively seriously adverse and injurious visual impact on the special architectural character and setting of the Protected Structure when viewed from the historic streetscape, and within the environs of the group of buildings that once formed the City Arms Hotel. As such the retention of the existing development would set an undesirable precedent and would contravene the requirements of Dublin City Council’s 2022 – 2028 Development Plan Policies BHA2 a), b), d) and BHA9 and thus therefore contrary to the proper planning for the area.

   Official final decision · PDF page 1, 2

2. Having regard to the various uses involved in the retention proposal, the proximity to existing commercial and residential uses in the area and potential interactions, it is considered that the documentation submitted with the application lacks sufficient details or clarification of same such that the Planning Authority cannot be assured that the proposed retention proposal does not unduly affect the amenity of the local area nor unduly affect public health, and also does not provide any ready base line for the appropriate application of mitigation measures to accommodate the proposed elements of the proposal. Therefore, the proposed development is considered contrary to the proper planning and sustainable development of the area

   Official final decision · PDF page 2

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

1. Having regard to the location of the proposed development within an established residential area subject to Zoning Objective 'A' under the Dún Laoghaire Rathdown County Development Plan 2022 to 2028, which seeks to provide residential development and improve residential amenity while protecting existing residential amenities, it is considered that the proposed development of 8 no. dwellings, by reason of its layout, scale, height, massing, site coverage and proximity to adjoining properties on this confined backland and corner site, would constitute overdevelopment. The proposed development would result in an unacceptable level of visual prominence, overbearing impact and loss of residential amenity to adjoining properties, in particular Nos. 33 and 35 Clonmore Road, and would fail to respect the established pattern and character of development in the area. The proposal would also fail to provide meaningful and functional public open space and would not achieve a satisfactory standard of site layout or integration with the surrounding residential environment. The proposed development would therefore be contrary to Sections 12.3.7.5, 12.3.7.6, 12.3.7.7 and the relevant residential amenity and design provisions of the Dún Laoghaire Rathdown County Development Plan 2022 to 2028 and would be contrary to the proper planning and sustainable development of the area.

   Official final decision · PDF page 2

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

1. The development would compound the use of unauthorised development. The applicant has failed to demonstrate within the application submission that the structure to be retained is in use for horticulture or is needed for same. The application submission fails to demonstrate the existence of any commercial business at the site, and also fails to provide any justification for such business operation to be located within a rural area. Accordingly, the proposed development to be retained at the site materially contravenes the zoning objective ‘RB’ for the site, and conflicts with the aims and objectives of the Fingal Development Plan 2023-2029. The development if granted would set an undesirable precedent and would be contrary to the proper and sustainable development of the area.

   Official final decision · PDF page 2

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

1. The proposed development by reason of a lack of demonstrated need, does not satisfy the requirements for a family flat and is contrary to Section 14.10.3 and Objective SPQHO46 of the Fingal Development Plan 2023 – 2029. The proposed and retention development in its current format would quantify overdevelopment, would result in a poor-quality development and would adversely affect the residential character of the area and would seriously injure the amenities. As such, the proposal would materially contravene the ‘RS’ zoning objective as indicated in the Fingal Development Plan 2023 – 2029 and would therefore be contrary to the proper planning and sustainable development of the area.

   Official final decision · PDF page 2

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

1. The proposed development, by reason of its inappropriate size, scale and massing, in particular the proposed side and rear extension which protrudes to the north, south and east (rear) of the existing dwelling as it is considered that the proposed development distorts the shape, form and overall mass of the existing dwelling onsite; would not appear to be subservient to the host dwelling; and, would negatively impact the residential amenity of the surrounding area. As such, the proposed development as designed would contravene Policy SPQHP41 ‘Residential Extensions’ & Objective SPQHO45 ‘Domestic Extensions’, would seriously detract from the visual amenity of the area and would be contrary to the aims and objectives of the Fingal Development Plan 2023-2029. The proposal would therefore be contrary to the proper planning and sustainable development of the area.

   Official final decision · PDF page 2

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

Source note: 3 of 4 adopted grounds are reproduced in full with their original numbers. Ground 3 is withheld because it includes personal residence information.

1. There is a significant watercourse abutting the northern and western boundaries of the site (the Delvin River). The proposed development does not take account of the extent and path of the river; and fails to provide for the required minimum 48m wide, development free, riparian buffer strip to this significant watercourse with several aspects of the proposal being located within the required buffer zone. The applicant has also failed to demonstrate how the integrity of the riparian corridor will be maintained and enhanced in terms of flood risk management, biodiversity, ecosystem service provision, water quality and hydromorphology; and no hydromorphological assessment has been undertaken/submitted. The proposed development would contravene section 14.20.5 and Objectives DMSO154, DMSO160, DMSO210, IUO14 & IUO26 of the Fingal Development Plan 2023-2029 and, therefore, would be contrary to the proper planning and sustainable development of the area.

   Official final decision · PDF page 2

2. The proposed 6m wide access road is considered to represent urban type road infrastructure that would result in a permanent feature on the landscape given its excessive length (approx. 250m) and, in this regard, the proposed development would fail to protect and provide for a greenbelt, or prevent countryside encroachment, as required by the "GB" land-use zoning objective and vision. Furthermore, given the absence of adequate levels of detail submitted with the planning application, the Planning Authority are not satisfied the applicant has demonstrated the proposal would not result in undue negative impacts on the visual or rural amenities of the area. The proposed development would materially contravene the "GB" land-use zoning objective and vision of the Fingal Development Plan 2023-2029 and, therefore, would be contrary to the proper planning and sustainable development of the area.

   Official final decision · PDF page 2

4. The proposed development fails to demonstrate sightlines in accordance with Transport Infrastructure Ireland’s (TII) DN-GEO-03060 guidance requirements have been provided and the indicated sightlines are obscured by the existing vegetation and the proposed entrance wall. The proposed development is therefore considered to represent a traffic hazard which would be contrary to the proper planning and sustainable development of the area

   Official final decision · PDF page 3

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

Source note: The departmental summary dates the Water Services report 3 June 2025; the detailed section dates it 3 June 2026. These dates are preserved as printed and are distinct from the refusal decision dated 11 June 2026.

1. The subject site is located in an area zoned ‘HT’ High Technology with the objective to ‘provide for office, research and development and high technology/high technology manufacturing type employment in a high quality built and landscaped environment’ in the Fingal Development Plan 2023 – 2029. The retention development would adversely affect the viability of the ‘HT’ High Technology lands to act as a location for high technology uses and as such materially contravenes the ‘HT’ High Technology zoning objective of the Fingal Development Plan 2023 – 2029. Therefore, the proposed development conflicts with Objective EEO13 of the Fingal Development Plan 2023 – 2029 and is therefore contrary to the proper planning and sustainable development of the area

   Official final decision · PDF page 12

2. Insufficient data has been submitted with the planning application to demonstrate that the proposed development will not have a detrimental impact on the capacity, safety or operational efficiency of the national road network in the vicinity of the site. In the absence of such information the proposal would be contrary to the proper planning and sustainable development of the area.

   Official final decision · PDF page 12

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

1. The proposed development owing to site configuration, circuitous access provision and by reason of its overall discordant arrangement in this regard would constitute disorderly development and if permitted would adversely impact on the residential and general amenity of the existing built form of the immediately adjoining property and potential future occupiers of the proposed development and thus in light of the aforementioned would be contrary to Policy Objective RH9 pertaining to appropriate integration, be at variance with DM Standard 8 of the Galway County Development Plan 2022 – 2028 with respect to Site Selection and Layout and be contrary to the proper planning and sustainable development of the area.

   Official final decision · PDF page 2

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

1. Having regard to the proximity to the Inisheer Island SAC (Site Code 001275), it is considered that the development, in the absence of satisfactory evidence to the contrary, has the potential to adversely affect the qualifying interests and conservation objectives of the Inisheer Island SAC (Site Code 001275). Having regard to the proximity to the Inisheer Island SAC (Site Code 001275), and with particular concerns in relation to the provision of vehicular access to the site which is a grassed pathway outside the planning unit, it is considered that the development, in the absence of satisfactory evidence to the contrary, has the potential to adversely affect the qualifying interests and conservation objectives of the Inisheer Island SAC (Site Code 001275), and would therefore materially contravene Policy Objective NHB 1 Natural Heritage and Biodiversity of Designated Sites, Habitats and Species, Policy Objective NHB 2 European Sites and Appropriate Assessment, and DM Standard 50 Environmental Assessments of the Galway County Development Plan 2022-2028. The Planning Authority, in conjunction with the application of the precautionary principle, consider that adverse effects on the integrity and conservation objectives of the Inisheer Island SAC (Site Code 001275), cannot be ruled out, as a result of the proposed project. Therefore, to permit the development as proposed, would contravene materially policy objectives and a development management standard contained in the Galway County Development Plan 2022-2028 and would therefore be contrary to the proper planning and sustainable development of the area.

   Official final decision · PDF page 2

2. The Planning Authority is not satisfied based on submissions received that the applicant has provided satisfactory evidence within the planning unit, or otherwise on lands within the control of the applicant, of adequate or satisfactory vehicular access arrangements to the site contrary to DM Standard 30. The Planning Authority is not satisfied therefore that the proposed development would not be prejudicial to public safety.

   Official final decision · PDF page 2

3. The subject site is located in within a Class 4 Iconic Landscape where Policy Objective RH 4 of the Galway County Development Plan 2022-2028 sets out qualifying criteria for those with a genuine rural generated housing need seeking to construct a dwelling house within the Rural Housing Zone 4. Based on the absence of sufficient details to fully substantiate the applicant’s rural linkage to this area, in accordance with the requirements of Policy Objective RH 4, it is considered that the applicant has not satisfactorily demonstrated that they meet the housing need criteria set out in the Galway County Development Plan. Therefore, the proposed development is considered contrary to the rural housing provisions of the said county development plan. Accordingly, to grant the proposed development would contravene materially Policy Objective RH 4 and DM Standard 7 contained in the Galway County Development Plan 2022-2028, would set an undesirable precedent for similar future development in the area, and would be contrary to the proper planning and sustainable development of the area.

   Official final decision · PDF page 2

4. Noting the site configuration of the proposed development, located within an Iconic Landscape Sensitivity in the Islands Landscape designation, and that in order to provide vehicular access to the site, natural stone walls and hedgerows to the east would require removal and significant intervention works outside the planning unit. Accordingly, to grant the development as proposed would detract from the visual amenity of the area, would militate against the preservation of the rural environment and contravene materially Policy Objective LCM 3, DM Standard 46 and DM Standard 47 contained in the Galway County Development Plan, 2022-2028, would set an undesirable precedent of similar future development in the area, and therefore would be contrary to the proper planning and sustainable development of the area.

   Official final decision · PDF page 2

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

1. Having regard to the lack of satisfactory documentary evidence to verify when the dwelling was constructed, and following the Planning Authority conducting an extensive review of Galway County Council's planning register in the surrounding area, it is considered that the dwelling is unauthorised and does not appear to have the benefit of planning permission, and therefore, in the absence of contrary evidence, the Planning Authority considers that the proposed development would facilitate the consolidation of unauthorised works. Therefore, the Planning Authority considers that the proposed development may, if permitted, and in the absence of demonstratable contrary evidence perpetuate and intensity existing unauthorised development on site. Accordingly, to grant the development as proposed would therefore be contrary to the principles of the proper planning and sustainable development of the area and if permitted, would perpetuate and intensify existing unauthorised development on site. Advice Note: The Planning Authority considers that retention permission is required for the existing structure and any other outbuildings, including access and the waste water treatment system, and advertised in the public notices.

   Official final decision · PDF page 2

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

1. In the absence of the provision of satisfactory information within the submitted Traffic and Transport Assessment relating to the development(s) function of use whereby cumulative generated traffic movements remains uncertain regarding trip generation / trip distribution ( daily articulated and LGV movements) in order to adequately demonstrate the current impact that the proposed development(s) would have on the public road both in terms of road safety and network capacity, the development is considered contrary to DM Standard 33(a) and Policy Objective NNR 2 in relation to safeguarding local roads, of the Galway County Development Plan 2022-2028. Accordingly, if permitted as proposed, the development would endanger public safety by reason of traffic hazard, obstruction of road users or otherwise, and therefore would be contrary to the proper planning and sustainable development of the area.

   Official final decision · PDF page 2

2. Having regard to the restricted nature of the site layout, road layout regime in the context of vehicular manoeuvrability, site topography constraints, on site steep gradients and the suitability of the external and internal traffic circulation regime whereby it is considered that increased vehicular turning movements will be generated by the development, and in the absence of satisfactory demonstration of auto tracking swept path analysis (potential traffic conflicts with buildings, contraflow traffic and permeability movements), including lack of geometrical road parameters, dimensioned road widths, cross fall, longitudinal sections of access routes and drainage properties flow paths including provision of suitable on site vehicular turning facilities, parking arrangements in conjunction with the apparent lack of onsite and tie in permeability measures in relation to pedestrian/active travel multi modal movements from the development(s) to Maigh Cuilinn. Therefore, it is considered that the proposed development, if permitted as proposed, in the absence of contrary evidence, would interfere with the free flow of traffic on the public road and endanger public safety by reason of traffic hazard, obstruction of road users, or otherwise, and therefore would be contrary to the proper planning and sustainable development of the area.

   Official final decision · PDF page 2

3. In the absence of the provision of satisfactory information relating to each Road Safety Audit stage problem and recommendation in the submitted Road Safety Audit report, to permit the development as proposed, is considered contrary to Policy Objective NNR 6 of the Galway County Development Plan 2022-2028. Accordingly, if permitted as proposed, the development would endanger public safety by reason of traffic hazard, obstruction of road users or otherwise, and therefore would be contrary to the proper planning and sustainable development of the area.

   Official final decision · PDF page 2

4. In the absence of a detailed storm management strategy for the development, including a satisfactory surface water layout for the subject site including necessary site specific details of proposed hydrocarbon control measures, infiltration tests (in accordance with BRE Digest 365) undertaken on site including location map, trial hole logs, photographs, infiltration calculations and details of ground water level (if encountered) and presented in the form of an engineering report with supporting hydraulic calculations and thus simulation of development in the event of a storm event, the development as proposed in the absence of said details is considered contrary to DM Standard 67 of the Galway County Development Plan 2022-2028. Therefore, to permit the development as proposed would be contrary to a development management standard contained in the Galway County Development Plan 2022-2028 and would therefore be contrary to the proper planning and sustainable development of the area.

   Official final decision · PDF page 2

5. Having regard to the nature of the proposed development, in conjunction with existing unauthorised development within the confines of this site, it is considered that the proposed development would potentially result in the consolidation of unauthorised development. Therefore, it is considered by the Planning Authority that the proposed development would, if permitted, perpetuate and intensify existing unauthorised development on site.

   Official final decision · PDF page 2

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

1. Having regard to development access points being proposed on the public local road network where considerations of capacity, road width alignment, and/or the surface or structural condition of this pavement, and future maintenance requirements, would render the road network or any part of it, unsuitable to carry the additional HGV road traffic including additional HGV generated turning movements likely to result from the proposed development. These matters, in conjunction with the suitability of the proposed external and internal traffic circulation regime and the potential for conflicting traffic movements to occur due to restricted and reversing vehicle manoeuvrability within and adjoining the site which may negatively impact public road and vulnerable road users’ safety. It is considered that if permitted as proposed that the development would endanger public safety by reason of traffic hazard, obstruction of road users or otherwise, contrary to policy objectives NNR2, and DM Standards 28, and DM standard 33a of the Galway County Development Plan 2022-2028.

   Official final decision · PDF page 2

2. Having regard to the provisions of the Galway County Development Plan 2022 – 2028, in particular Policy Objective CD 1, in conjunction with the planning history of the subject site, it is considered that the development proposed, by reason of the expansion and intensification of use thereon, would constitute a substantial scale of development which would be more appropriately located on serviced zoned lands within an urban setting. The development would therefore, materially contravene Policy Objectives CD 1 and DM Standard 17 of the County Development Plan 2022-2028, would create a precedent for similar future developments in the area, and would be contrary to the proper planning and sustainable development of the area.

   Official final decision · PDF page 2

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

1. Based on the submission received as part of the planning application and having regard to Policy Objective RH2 and Policy Objective RH4 of the Galway County Development Plan 2022-2028, and on the basis of the lacunae in the documentation received, it is considered that the applicant has not satisfactorily demonstrated that they meet the housing need criteria as set out in the Galway County Development Plan 2022-2028. Therefore, the proposed development is considered contrary to the rural housing provisions of the said county development plan. Accordingly, to grant the proposed development would contravene materially DM Standard 7 and Policy Objectives RH2 and RH4 contained in the Galway County Development Plan 2022- 2028, would be contrary to ministerial guidelines issued to the planning authorities under Section 28 of the Planning and Development Act 2000 (as amended), would set an undesirable precedent for similar future development in the area, and would therefore be contrary to the proper planning and sustainable development of the area.

   Official final decision · PDF page 2

2. Based on the information submitted, the plans and particulars received, it is considered that the applicant has not satisfactorily demonstrated the required sightlines in accordance with DM Standards 28 of Galway County Development Plan 2022-2028. It is considered that, if permitted as proposed, the development would interfere with the safety and free flow of traffic on a Local Road and would endanger public safety by reason of traffic hazard, obstruction of road users, or otherwise, and therefore would be contrary to the proper planning and sustainable development of the area.

   Official final decision · PDF page 2

3. Having regard to the submissions received and in the absence of detailing all separation distance from the existing water infrastructure in accordance with the EPA Code of Practice, the Planning Authority cannot be satisfied that the proposed wastewater treatment system on site is in accordance with the EPA Code of Practice: Domestic Wastewater Treatment Systems (Population Equivalent ≤ 10). Therefore, if permitted as proposed the development would be prejudicial to public health and contrary to Policy Objective WW6 and DM Standard 38 of the Galway County Development Plan 2022 – 2028 and to the proper planning and sustainable development of the area.

   Official final decision · PDF page 2

4. In the absence of (inter alia) yield results, scientific analysis and comprehensive evidence of wayleave provision (delineated in yellow on site location map), it is considered that the development if permitted as proposed would pose a serious risk to the public health of persons occupying the proposed dwelling house, would be contrary to Policy Objective WS5 and DM Standard 37 of the Galway County Development Plan 2022-2028 and would therefore be contrary to the proper planning and sustainable development of the area.

   Official final decision · PDF page 2

5. Based on the submissions received, the Planning Authority is not satisfied that surface water generated on site can be satisfactorily disposed of on site. Therefore, if permitted as proposed the development would materially contravene Objective WS7 and DM Standard 67 of the Galway County Development Plan 2022-2028 and therefore would be contrary to the proper planning and sustainable development of the area.

   Official final decision · PDF page 2, 3

6. The applicant has failed to submit a landscaping plan in accordance with DM Standard 11 of the Galway County Development Plan 2022-2028.

   Official final decision · PDF page 3

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

1. Based on the information submitted with the planning application, and having regard to Policy Objective RH 2 of the Galway County Development Plan 2022-2028, and on the basis of the documentation received and the applicant’s planning history, it is considered that the applicant has not satisfactorily demonstrated that they meet the housing need criteria as set out in the Galway County Development Plan. Therefore, the proposed development is considered contrary to the rural housing provisions of the said county development plan. Accordingly, to grant the proposed development would contravene materially DM Standard 7 and Policy Objective RH 2 contained in the Galway County Development Plan 2022-2028, would be contrary to the Sustainable Rural Housing Guidelines, and would set an undesirable precedent for similar future development in the area, and would be contrary to the proper planning and sustainable development of the area.

   Official final decision · PDF page 2

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

1. The Planning Authority is not satisfied on the basis of the information submitted that the applicants satisfy the provisions of Objective KCDP 5-14 of the Kerry County Development Plan 2022-2028 which applies to applicants who wish to build a ‘First Home’. The proposed development would contravene this objective and would be contrary to the proper planning and sustainable development of the area.

   Official final decision · PDF page 2

2. The proposed development, located on a national road where the maximum speed limit applies, would endanger public safety by reason of traffic hazard and obstruction of road users due to the movement of the extra traffic generated where sightlines are restricted. Furthermore, the sightlines at the proposed entrance to this development do not meet the minimum required sightlines for the maximum speed of the road. The proposed development would be contrary to the provisions of Volume 6, 1.20 Transport, Movement & Parking Standards of the Kerry County Development Plan 2022-2028 and DoECLG Spatial Planning and National Roads Guidelines for Planning Authorities (2012).

   Official final decision · PDF page 2

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

1. Section 42(1A)(a)(ii) of the Planning and Development Act 2000 (as amended) states that in order to extend the duration of the appropriate period of ‘one or more than one house in respect of which permission was granted and has not commenced within the appropriate period’, an application shall be submitted ‘not later than 6 months after the date on which section 28 of the Planning and Development (Amendment) Act 2025 comes into operation.’ Section 28 of the Planning and Development (Amendment) Act 2025 came into operation on 1st August 2025 and the subject application was submitted on 15/04/2026, which is outside the 6-month period as required. The Planning Authority is therefore precluded from granting an extension of duration, having regard to Section 42(1A)(a)(ii) of the Planning and Development Act 2000 (as amended).

   Official final decision · PDF page 2

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

1. Policy HO P12 of the Kildare County Development Plan 2023–2029 (as varied) is to ensure that the siting and design of any proposed dwelling integrates appropriately with its physical surroundings whilst respecting the character of the receiving environment. The proposed development, by virtue of the haphazard nature of the site being carved out of a larger field, which requires an extensive new driveway and all new site boundary treatments, would constitute haphazard piecemeal development that would not integrate appropriately with its physical surroundings or respect the character of the receiving environment. Having regard to the foregoing, it is considered that the proposed development contravenes Policy HO P12 and Appendix 4 Rural House Design Guide of the Kildare County Development Plan 2023–2029 (as varied) and therefore would be contrary to the proper planning and sustainable development of the area.

   Official final decision · PDF page 3

2. The subject site is at risk of fluvial flooding from the River Kill. In accordance with Office of Public Works (OPW) data, the site is located within the 0.1% AEP in the CFRAM Current Scenario and within the 10% AEP in the CFRAM High End Future Scenario. A Site-Specific Flood Risk Assessment has not been submitted and therefore the Planning Authority is not satisfied that the proposed development is not at risk of flooding or will not cause residual flood risk including flooding on adjoining or nearby properties. The proposed development would therefore be contrary Policy PO P33 of the Kildare County Development Plan 2023-2029 (as varied) and to the proper planning and sustainable development of the area.

   Official final decision · PDF page 3

3. The works required to provide for the site access would include the removal and/or disturbance of a significant amount of mature vegetation including trees and hedgerows, contrary to Objective BI O26 in the Kildare County Development Plan 2023–2029 (as varied) which seeks to prevent the removal of hedgerows to facilitate development in the first instance. To permit the removal of existing trees and hedgerows on site in the absence of detailed assessment, justification and mitigation of same in the context of green infrastructure, natural heritage, biodiversity/ecology, would be contrary to the provisions of Objective BI O26, Section 12.9.1 and Appendix 4 Rural House Design Guide of the Kildare County Development Plan 2023– 2029 (as varied) and would therefore be contrary to the proper planning and sustainable development of the area.

   Official final decision · PDF page 3

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

1. The development for which retention permission is sought is reliant upon an existing unauthorised vehicular entrance and noncompliant wastewater disposal system and would therefore consolidate this unauthorised development on site. The development for which retention permission is sought would therefore be contrary to the proper planning and sustainable development of the area.

   Official final decision · PDF page 3

2. The placement of two additional secondary houses within the site of an existing rural house represents haphazard overdevelopment of the existing site, which is injurious to the rural character of the area and sets a precedent for further such developments. The development is therefore contrary to the sustainable long-term proper planning and development of this rural area.

   Official final decision · PDF page 3

3. The applicant has failed to demonstrate that he or the occupants of the modular homes on site have a rural housing need and comply with the rural housing policy criteria as set out in Section 7.8.4 of the Kilkenny City and County Development Plan 2021 – 2027. Consequently, the occupants of the structures for which retention permission is sought have not been proven to comply with the rural housing policy of the Kilkenny City and County Development Plan 2021 – 2027. The development for which retention permission is sought is contrary to the proper planning and sustainable development of the area.

   Official final decision · PDF page 3

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