Refusal decisions · 15 June–21 June 2026

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

1. Having regard to the design, proportion, scale and overall massing of the proposed development, it is considered that the proposed extension would represent an inappropriate and overbearing form of development which would be out of character and incongruous with the existing dwelling and its receiving environment. The development would therefore seriously detract from and injure the visual amenities of the area and would be contrary to DM Standard 4 and Policy Objective RH9 of the Galway County Development Plan 2022–2028. Accordingly, to grant the development as proposed would contravene materially a policy objective and a development management standard contained in the current County Development Plan, would detract and militate against the preservation of the rural environment, would set an undesirable precedent for similar future development in the area, and therefore would be contrary to the proposed 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, in view of the confined nature of the site, the design, configuration and layout of residential units within the site which is lacking sufficient and appropriately configured open space, would be detrimental to the character of the area, would fail to satisfactorily integrate with the adjoining development, and would be contrary to objectives PM 1 and PM 10, UL2 and UL5, as well as development management standards DM1 and DM2 contained in the Galway County Development Plan 2022-2028 and GSST 7 of the Gort Local Area Plan 2025-2031, if permitted, it would detract from the visual and residential amenity of the area, would fail to provide an adequate level of amenity of amenity for future residents, as well as setting an undesirable precedent for similar future development, 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 in the context of vehicular manoeuvrability whilst coupled with the lack of suitable on-site vehicular turning areas and whereby increased vehicular turning movements will be generated by the development facilities. These matters, in conjunction with the suitability of the proposed external and internal traffic circulation regime further raises the potential for conflicting traffic movements to occur within and adjoining the site which may negatively impact the public road and vulnerable road users’ safety. It is therefore considered with regard to policy Objectives NNR 2 , NNR 3, NNR 7 and DM standard 28, DM standard 33a of County Development Plan 2022-2028, that if permitted as proposed, the development would endanger public safety of traffic hazard, obstruction of road users or otherwise.

   Official final decision · PDF page 2

3. Having regard to the proposed service connection works located outside of the redline boundary, where the applicant has not demonstrated appropriate legal consents or lands under the control of the applicant outlined in blue as required under Article 22 (2)(b) (ii) of the Planning and Development Regulations, 2001 (as amended). It is therefore considered that the development, if permitted as proposed, 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 comprehensive and site-specific Bat Survey of the vacant structure proposed to be demolished, the Planning Authority cannot be satisfied that the structure does not support bat roots or provide habitat for bats, therefore the potential impact of the development on bats has not been comprehensively addressed. In the absence of contrary evidence, the development as proposed is considered contrary to Policy Objective NHB 9 to Protect Bats and Bats Habitats, of the Galway County Development Plan 2022-2028. Therefore, if permitted as proposed, it would materially contravene a policy objective contained in the current County Development Plan 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. Having regard to the cumulative scale of the proposed extension to the front of the dwelling, existing dwelling and shed on site, the restricted site curtilage and the proximity of the development footprint to the site boundary perimeter and the pre existing sub optimal arrangement on site in respect to wastewater provision, it is considered that the proposed development would constitute an overdevelopment of the subject site, and would be out of character with the existing forms and pattern of development in the vicinity. Accordingly, to grant the development, as proposed, would set an undesirable precedent for similar future development in the area, and therefore would be contrary to the proper planning and sustainable development of the area. It is considered that the extension to the front of the dwelling as proposed is discordant with prevailing development and would have an adverse impact on the general amenity of the area and would materially contravene DM Standard 4 and DM Standard 9 and Policy Objective LCM1 of the Galway County development Plan 2022-2028 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 proposed development is directly connected with Dunsandle Lodge RPS 264 and located within the attendant grounds of RPS 264; detached three-bay single-storey lodge with gabled breakfront attic storey and ashlar facade, c. 1855 of Regional Value. Having regard to the extension intervention previously carried out to the Protected Structure, the proposed works to the original RPS structure, in addition to the information submitted with the planning application, it is considered that by reason of its scale, massing, finishes and architectural language in the context of said protected structure, the proposed development would represent an unduly dominant, overbearing and inappropriate form of development, which fails to appropriately fit into or integrate effectively into this site and would intrude adversely on the setting and character of a protected structure. The development would, therefore, interfere with the character of the Protected Structure and associated curtilage, and if permitted, would contravene materially Policy Objective AH 2 and DM Standard 58 (Protected or Proposed Protected Structures) and DM Standard 59 (Architectural Heritage Assessment Report) as contained in the Galway County Development Plan 2022-2028 and the provisions of the Architectural Heritage Protection Guidelines for Planning Authorities (2011), detract from the visual amenity of 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. The proposed change of use of an existing storage shed to a pet (animal) crematorium, to serve veterinary practices and other customers in the county and across the West of Ireland, represents a standalone commercial/industrial waste recovery enterprise of a nature and scale that is not considered to be ancillary, compatible or functionally related to the established nursing home use on the site. The principle of a commercial pet crematorium on this site is considered to be fundamentally incompatible with, and at odds with, the residential character and sensitive use of the nursing home, in a rural setting, by reason of its commercial/industrial character, operational characteristics and associated environmental considerations. The proposed change of use, if permitted, would be at variance with the sensitive and vulnerable nature of the nursing home use and would have the potential to give rise to adverse impacts on the residential amenities, wellbeing and overall environment of the residents of the nursing home, and the wider receiving environment. The change of use would therefore constitute an incongruous and conflicting land use within the site and would set an undesirable precedent for the proliferation of inappropriate commercial/industrial uses in similar rural contexts. Accordingly, the proposed change of use, if permitted, would conflict with Policy Objectives CD1 Rural Enterprise and PA 5 Older Persons Services and Development Management Standards DM 17: Rural Enterprise, DM Standard 19: Industrial/Commercial, DM Standard 40: Waste Recovery/Disposition Sites, DM Standard 53: Community Facilities, DM Standard 54: Nursing Home/Care Facilities & Specialist Housing and DM Standard 57: Burial Grounds and Crematoriums of the Galway County Development Plan 2022 – 2028, would set an undesirable precedent, and would be contrary to the proper planning and sustainable development of the area.

   Official final decision · PDF page 2

2. The application documentation fails to demonstrate all existing structures on the established nursing home site, and their current planning status. These include a container-like structure with a stainless-steel chimney located to the rear of the smaller shed proposed to be used as a crematorium, an aviary and a concrete built structure attached to the rear of the chicken house. In the absence of comprehensive and accurate details in respect of the existing developments and their associated uses on the site, the Planning Authority considers that substantial information submitted as part of the planning application is incorrect or has been omitted, therefore a complete and proper assessment of the proposal cannot be carried out due to the misleading or inadequate nature of the information provided. Furthermore, if permitted, the proposed developments to be retained would have the potential to perpetuate and intensify the existing unauthorised development on site, would set an undesirable 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

3. The Planning Authority is not satisfied with the information provided on the proposed effluent treatment and disposal associated with the animal holding and related activities on the established nursing home site. In the absence of adequate details in respect of the collection, treatment and disposal of effluent arising from the existing and proposed uses on site, the Planning Authority cannot be satisfied that the development would not pose an unacceptable risk to public health, and therefore to permit the development would be prejudicial to public health, would be contrary to DM Standard 14: Agricultural Effluent, DM Standard 40: Waste Recovery/Disposition Sites, and Policy Objective WW 11 – Surface water drainage 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

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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 insufficient justification furnished with the application content and given the standalone nature of the development, it is considered that the proposed development would contravene materially Policy Objectives AD1 (Sustainable Agricultural Practices) of the Galway County Development Plan 2022-2028. Accordingly, to grant the proposed development would militate against the preservation of the rural environment, would contravene materially policy objectives and a development management standard contained in Galway County Development Plan and would be contrary to the proper planning and sustainable development of the area.

   Official final decision · PDF page 2

2. Having regard to the rural sensitivities and the site context, the development as proposed comprising of an independently sited and large scale structures on an undeveloped greenfield setting would if permitted contravene materially with Policy Objective RD3 & DM Standard 13 contained in the Galway County Development Plan, 2022-2028. Accordingly, to grant the dwelling would interfere with the character of the landscape, would detract from the visual amenity of the area, would militate against the preservation of the rural environment and therefore would be contrary to the proposed planning and sustainable development of the area.

   Official final decision · PDF page 2

3. In the absence of providing the appropriate details in respect of waste disposal and a flood risk assessment being carried out to inform the Appropriate Assessment screening, the Planning Authority cannot conclude that the development would not have likely significant effects on European sites. Therefore, if permitted as proposed, the development would contravene policy objective NHB2: European Sites and Appropriate Assessment and NHB3: Protection of European Sites of the Galway County Development Plan 2022-2028 as well as Policy Objectives AD1: Sustainable Agriculture Practice and AD3: Modernisation of Agriculture Buildings and DM Standard 50(a): Environmental Assessments and would be contrary to the proper planning and sustainable development of the area.

   Official final decision · PDF page 2

4. The Planning Authority noting the presence of a watercourse directly abutting the subject site and same infiltrating Rathbaun Turlough pNHA downstream and in the absence of an Ecological Impact Assessment Report being submitted, the proposed development is considered to have potential to result in an adverse impact on the said designation. Having regard to the aforementioned and considering the precautionary principle, the Planning Authority is therefore not satisfied that the proposed development would not result in adverse impact on the proposed Natural Heritage Area. Therefore, if permitted as proposed, the Planning Authority cannot be satisfied that the proposal will not adversely affect the integrity of aforementioned designation and to permit the proposal would therefore materially contravene Policy Objective NHB 4 of the Galway County Development Plan 2022-2028 and would be contrary to the proper planning and sustainable development of the area.

   Official final decision · PDF page 2

5. The proposed development is located within a fluvial flood risk area in an indicative flood vulnerable area. In the absence of a flood risk assessment, and in conjunction with the application of the precautionary principle, as set out under the Planning System and Flood Risk Management Guidelines 2009, the Planning Authority is not satisfied that the development if permitted as proposed, would not materially contravene Policy Objective FL 2 and Policy Objective FL 3 of the Galway County Development Plan 2022-2028 and would be contrary to Ministerial Guidelines issued under Section 28 of the Planning and Development Act 2000 (as amended).

   Official final decision · PDF page 2, 3

6. The vehicular access provision as hereby proposed is considered to constitute a hazardous arrangement to road users owing to the poor horizontal alignment of the local primary carriageway in the vicinity of the site frontage where turning movements associated with and generated by the proposed development will have potential to impede upon the free flow of traffic on the public road owing to the restricted sightlines and therefore to permit the development would compromise road safety and be contrary to DM Standard 28 of the Galway County Development Plan 2022 – 2028 and to the proper planning and sustainable development of the area.

   Official final decision · PDF page 3

7. In the absence of satisfactory details submitted on file relating to water supply to serve the proposed development, it is considered that the development if permitted as proposed would pose a serious risk to the public health and would be contrary to Policy Objective WS4 and WS5 and Development Management Standard 36 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 3

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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 site within a sensitive coastal setting, the Planning Authority is of the opinion that, on the basis of the information submitted, that insufficient detail, including the absence of a site specific survey, lack of clarity regarding the extent and nature of works, insufficient construction details, drainage and road interface details, in addition to the absence of adequate ecological and visual assessment have been provided. These deficiencies give rise to significant uncertainty regarding the potential impacts of the proposed development on biodiversity, coastal processes, flood risk, visual amenity and the receiving environment, and preclude a full and reasoned assessment of the proposal. Therefore the Planning Authority are not satisfied that the principle of the proposed development would be consistent with Policy Objectives MCC 1 and MCC 3 and DM Standards 46, 48 and 50 of the Galway County Development Plan 2022-2028, which seek to protect the environmental, visual and amenity value of the coastline and ensure that coastal processes, habitats and landscape character are not adversely affected. Accordingly, the proposed development would be contrary to the proper planning and sustainable development of the area.

   Official final decision · PDF page 2

2. Having regard to the provisions of Article 6(3) of the EU Habitats Directive, Policy Objectives NHB 1–4, WR 1, and DM Standard 50 of the Galway County Development Plan 2022–2028, and the conservation objectives of the Connemara Bog Complex SAC (Site Code 002034), it is considered that the Planning Authority cannot be satisfied, on the basis of the information submitted, that the proposed development would not adversely affect the integrity of a European site. The application site is located within a sensitive coastal environment in proximity to the Connemara Bog Complex SAC. While a Natura Impact Statement was submitted, the extent, nature, and precise location of infill works required to facilitate the development have not been clearly defined. This lack of clarity gives rise to uncertainty regarding potential direct and indirect impacts, including disturbance and hydrological effects. In particular, the Planning Authority cannot rule out the potential for adverse effects on the Otter (Lutra lutra), a qualifying interest of the Connemara Bog Complex SAC, having regard to the species’ sensitivity to disturbance and reliance on coastal habitats. In the absence of sufficient information to enable a complete and reasoned Appropriate Assessment, and applying the precautionary principle, it is considered that the proposed development would be likely to have a significant adverse effect on the integrity of a European site. The proposed development is therefore contrary to the proper planning and sustainable development of the area.

   Official final decision · PDF page 2

3. Having regard to the sensitive ecological context of the application site and the presence and potential presence of protected and notable species, including hedgehog, pine marten, badger, stoat, lesser horseshoe bat, common lizard, and common frog, the Planning Authority is not satisfied that the proposed development would not adversely impact biodiversity within the site and the receiving environment. In the absence of an Ecological Impact Assessment such an assessment, the Planning Authority cannot undertake a full and reasoned evaluation of the likely direct, indirect, or cumulative impacts of the proposed development on habitats and species, including potential disturbance, habitat loss, and impacts on foraging and breeding grounds. Accordingly, in the absence of sufficient information to demonstrate that the proposed development would not result in adverse impacts on biodiversity, it is considered that the proposed development would be contrary to DM Standard 50 of the Galway County Development Plan 2022–2028 and the proper planning and sustainable development of the area.

   Official final decision · PDF page 3

4. Having regard to the location of the site within a Class 3 Special Landscape Area and the scale and extent of the proposed development along the coastline, and in the absence of sufficient detail, and any supporting visual information, the Planning Authority is not satisfied that the proposed development would integrate satisfactorily into the receiving landscape or protect visual amenity. Accordingly, having regard to DM Standard 46 of the Galway County Development Plan 2022–2028, the proposed development would be contrary to the proper planning and sustainable development of the area.

   Official final decision · PDF page 3

5. Having regard to the OPW Flood Risk Maps, which indicate that sections of the proposed development are located within the PFRA Coastal 1 in 1,000 year flood extent, the Planning Authority is not satisfied, on the basis of the information submitted, that the proposed development would not give rise to increased flood risk elsewhere or adversely affect coastal processes. In the absence of sufficient detail in relation to the design and construction of the proposed walkway, and having regard to DM Standard 50, DM Standard 67 and DM Standard 68 of the Galway County Development Plan 2022–2028, the proposed development fails to demonstrate compliance with proper flood risk management and coastal protection principles. Accordingly, the proposed development 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.

1. The Planning Authority is not satisfied on the basis of the information submitted that the applicant satisfies the provisions of Objective KCDP 5-15 of the Kerry County Development Plan 2022- 2028 with regard to development in Rural Areas under Urban Influence. The proposed development would therefore materially contravene Objective KCDP 5-15 of the Kerry County Development Plan 2022-2028 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. Having regard to the nature of the proposal and its location in close proximity to a watercourse / riparian corridor and based on the information submitted, it is considered that the proposed development would adversely impact the biodiversity and natural heritage value of the area. In particular, it is considered that it has not been satisfactorily demonstrated that the proposed development would not undermine the ecological integrity and function of the adjoining riparian corridor as a dark, natural refuge for species including light sensitive bats protected under the EU Habitats Directive. It has also not been satisfactory demonstrated that the proposal would not adversely impact water quality downstream. It is considered that the granting of permission for the proposal would therefore be contrary to Objectives KCDP 11-1, 11-22, 11-42 and 11-44 of the Kerry County Development Plan 2022-2028, as varied, and to the proper planning and sustainable development of the area.

   Official final decision · PDF page 2

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