Refusal decisions · 22 June–28 June 2026

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

Source note: The report uses earlier references F25A/0767E and F25A/0769E in different sections. Its history lists the treatment-plant requirement under “1)”, while the adopted second ground cites “Condition 3” of F04A/0683. These source expressions are preserved; the original appeal condition has not been renumbered or independently reconciled.

1. The applicant has failed to demonstrate to the satisfaction of the Planning Authority that the additional wastewater arising from this development may be safely disposed of on site without risk to public health or to the environment. In the absence of such satisfactory details the development as proposed would be contrary to Objective DMSO196 of the Fingal Development Plan 2023-2029; prejudicial to public health; and, contrary to the proper planning and sustainable development of the area.

   Official final decision · PDF page 12

2. Condition 3 of Reg Ref: F04A/0683 (ABP Ref: PL06F.208096), required the applicant to submit a report, prepared by an independent engineer, regarding the operation of the existing treatment plant and its impact on the surrounding environment. While the applicant had submitted engineer reports, insufficient details were submitted and contradictions were found throughout the application. Therefore the applicant is not considered to have adequately addressed this issue and a grant of permission for the proposed development at this location, in the absence of such matters being resolved, would be prejudicial to public health and contrary to the proper planning and sustainable development of the area.

   Official final decision · PDF page 12

3. As a consequence of insufficient information submitted, it cannot be concluded that the proposed development would not cause serious water pollution, and a negative impact on the environment. The absence of evidence that the proposal would not result in a significant impact on the conservation objectives of European sites, precludes the planning authority from permitting the proposal. In addition, the proposed development would be contrary to Objective DMSO1 and DMSO145 of the Fingal Development Plan 2023-2029 which seeks to Ensure that sufficient information is provided as part of development proposals to enable Screening for Appropriate Assessment to be undertaken and to enable a fully informed assessment of impacts on biodiversity to be made. The development would, therefore, 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. Having regard to the presence of rock out crops, the limited soil overburden on site, in conjunction with the information submitted with the planning application details, the planning authority is not satisfied that the site can satisfactorily treat and dispose of domestic effluent, therefore if permitted the development would be prejudicial to public health and would provide an unacceptable risk to surface waters, which has the potential to have a likely significant effect on the conservation objectives of nearby protected European sites for flora and fauna, and would materially contravene Policy Objectives NHB1, NHB2 and NHB3 and Development Management Standard 50 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

2. The applicant has carried out significant intervention works with the extensive removal of woodland and scrub to cater for the proposed development. 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 1 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 proposed development access point and generated traffic movements onto/from the regional public road network (R348), whilst considering the restricted exit and entry visibility splays owing to the sub optimum horizontal and vertical alignment on each western and eastern approach whereby it is considered traffic concerns will arise owing to the prevailing trafficked speeds. Furthermore, it is considered the significant scale of roadside intervention that will be required, will negatively impact the 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 Objective NNR2, and DM Standards 28, DM Standard 33a of the Galway County Development Plan 2022-2028.

   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 end-use nature of the proposed development for vulnerable users, the scale and extent of the proposed extension, the restricted site curtilage, the proximity of the development to site boundaries, and the limited provision of external circulation, servicing space and usable external amenity areas, it is considered that the proposed development would result in overdevelopment and an excessive form of development on the subject site. Furthermore, the proposed sensory room has not been satisfactorily demonstrated to constitute an ancillary element to the established use at this location and, in this regard, reads as a standalone, urban- generated, car-dependent facility in a rural area. The combined siting, design and functional characteristics of the development would be visually incongruous and out of keeping with the established pattern, form and character of development in the area, and would give rise to substandard site conditions, including deficiencies in circulation, servicing and overall site functionality. In addition, the intensity and layout of the proposed development would be detrimental to the proper functioning, setting and amenity of the existing community centre on site. The proposal would therefore constitute haphazard and disorderly development and would erode the rural character of the area. The proposed development is therefore contrary to Policy Objective MU1 and Development Management Standards 53 and 63 of the Galway County Development Plan 2022–2028. If permitted, the development would set an undesirable precedent for similar overdevelopment and inappropriate urban-type development in rural areas and would therefore be contrary to the proper planning and sustainable development of the area.

   Official final decision · PDF page 2

2. The applicant has failed to submit any details regarding the existing wastewater treatment system located on the subject site. In the absence of sufficient information, the Planning Authority cannot be satisfied that the development would not pose an unacceptable risk to public health. Accordingly, to permit the development would be contrary to Objective WW6 and DM Standard 38 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. It is a policy objective of the Planning Authority as set out within RH13 the current Development Plan to limit development on rural land holdings in Rural Zone 1, which includes the Marshallspark Area where the appeal site is located, and to limit development where there is a history of the sale or development of sites, notwithstanding an applicant’s compliance with the local need criteria. I consider this policy objective to be reasonable. The proposed development would be in conflict with this policy as, when taken in conjunction with existing and permitted development in the vicinity of the site, it would consolidate and contribute to the build-up of random suburban type development in this area under strong urban influence. The development would militate against the preservation of the rural environment and lead to demands for the provision of further public services and community facilities. The proposed development would, therefore, be contrary to the proper planning and sustainable development of the area.

   Official final decision · PDF page 2

2. The site of the proposed development is located within a landscape that is classified as Class 3-Special which has a ‘high sensitivity to change’. within the Galway County Development Plan 2022-2028 for the area, where emphasis is placed on the importance of designing within the landscape and of siting of development to minimise visual intrusion as set out in the current Galway Rural Housing Design Guidelines. It is considered that, having regard to the topography of the site, the positioning of the dwelling within the site, and the removal and setting back of an extensive length of the front dry stone wall boundary, the proposed development would conflict with the provisions of policy objectives LCM 1 , LCM 2 and LCM 3 within the Development Plan in relation to preserving and enhancing the landscape character having regard to the landscape sensitivity ratings and classification. The development would, therefore, militate against the preservation of the rural environment and would establish an undesirable precedent for other such located development in the vicinity. The proposed 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. Based on the information submitted with the planning application, the planning history associated with the subject site, the nature of the groundcover, the on-site conditions including the poor drainage characteristics of the site, in conjunction with its close proximity to the Lough Corrib SAC, the Planning Authority is not satisfied with the safe disposal of domestic effluent on site can be guaranteed in accordance with the Environmental Protection Agency publication ‘’Code of Practice: Domestic Wastewater Treatment Systems (Population Equivalent ≤10), 2021”, on poorly drained soil as per the EPA's 'National Soils Hydrology Map' and its 'Near Surface Phosphate Susceptibility' maps. As such, the Planning Authority cannot be certain that the project will not adversely affect the integrity of Natura 2000 site Lough Corrib SAC, and therefore in light of their conservation objectives would materially contravene policy objectives and development management standards and would set an undesirable precedent for future development on peat/blanket bog and would be contrary to the proper planning and sustainable development of the area. Accordingly to grant the proposed development would be prejudicial to public health, would be contrary to the 2021 EPA Code of Practice Wastewater Manual, would seriously endanger the health and safety of persons occupying the structure, would pose an unacceptable risk to surface waters contrary to EU Groundwater Directive (80/86/EEC), would be contrary to ministerial guidelines issued to the Planning Authorities under Section 28 of the Planning and Development Act 2000, as amended, would be contrary to Policy Objective WW6, WTWF 1, and DM Standard 38 of the Galway County Development Plan 2022-2028, would pose an unacceptable risk to surface water 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 location of the development with direct access onto the N70 National Secondary Road at a location where the speed limit is over 60km/h applies, it is considered that the generation of traffic associated with the proposed development comprising two dwelling units, by itself or by the precedent it would set for other development, would endanger public safety by reason of traffic hazard and obstruction of road users. The additional traffic turning movements the development would generate on this National Secondary Road would contravene national policy in relation to the control of development on national roads as set out in the Spatial Planning and National Roads Guidelines for Planning Authorities issued by the Department of the Environment, Community and Local Government in January 2012, which seeks to secure the efficiency, capacity and safety of the national road network, would contravene materially Objectives KCDP 14-29 and KCDP 14-30 of the Kerry 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 proposed development would contravene Section 1.5.10.7 of Volume 6 of the Kerry County Development Plan 2022-28, which requires only one dwelling unit shall be connected to a single septic tank. Therefore, the development would contravene the policy of the Council in relation to Septic Tank and Proprietary Treatment Systems, would constitute substandard residential development, would set an unwanted precedent for similar development in the rural area and would be contrary to the proper planning and sustainable development of the area.

   Official final decision · PDF page 2

3. It is the policy of the Council to consider the provision of apartment developments only on serviced lands in towns and villages as set out in the Development Management Standards and Guidelines contained in Volume 6 of the Kerry County Development Plan 2022-2028. The application site is located in a rural unserviced area over two kilometres outside the development boundary of Cahersiveen. Therefore, the proposed development would contravene Objective KCDP 5-4 of the said Development Plan 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 proposal is to change the use of the dwelling house on site to short-term letting use in a residential area of Castlegregory village centre. The proposed development if permitted, would result in the withdrawal of the property from the available supply of long-term rental accommodation and would be injurious to the residential amenity of adjacent residents through increased noise and disturbance and a lack of on-site parking. The proposed development would also be contrary to Objective KCDP 10-33 of the Kerry County Plan 2022-2028 which is to “Prohibit the change of use of residential properties to short-term letting in established residential areas”. The proposed 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. It is considered the proposal would result in premature, piecemeal and haphazard development; resulting in inadequate provision of social and physical infrastructure, in the absence of an appropriate detailed masterplan or design statement for the site and adjoining landholding in accordance with the policies, objectives set out in: The Development Management Standards in the County Development Plan 2022-2028 and; Variation 1 of the County Development Plan 2022-2028 Tralee MD Settlements Plan and; The Sustainable Residential Development and Compact Settlements Guidelines 2024, and would, therefore, be contrary to the proper planning and sustainable development of the area.

   Official final decision · PDF page 2

2. On the basis of the information submitted, and in the absence of a detailed Traffic Impact Assessment and Road Safety Audit for the full development as set out in the plans and particulars submitted, the Planning Authority cannot fully consider the proposed development or the suitability of the proposed junction with the L-2073. The Planning Authority cannot, therefore, be satisfied that the proposed development would not endanger public safety by reason of traffic hazard. The proposed 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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