Refusal decisions · 13 July–19 July 2026

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

1. The proposed development, by reason of its reliance on a proposed priority junction rather than a roundabout, would result in an inadequate and substandard road access arrangement. Therefore, the proposed development would interfere with the safety and free-flowing nature of traffic on the adjoining road network and would result in an increased potential for traffic conflict and congestion. The proposed access arrangement would therefore be detrimental to road safety and the orderly movement of vehicular traffic, would endanger public safety by reason of a traffic hazard 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 design, scale and character of the existing development for retention, it is considered that the development has an undue negative visual impact on the rural character and amenity of the area. The Planning Authority also considered that there is a lack of justification outlining the need for a farm shed to be used for agricultural purposes, of this scale at this location. The proposed development would therefore be contrary to ABS 01 and ABS 03 of the Cavan County Development Plan 2022-2028 and would be seriously injurious to the amenities of this rural countryside area and would set an undesirable precedent for similar type development that would be contrary to the proper planning and sustainable development of the area.

   Official final decision · PDF page 2

2. Having regard to the submission received from Transport Infrastructure Ireland (TII), it is considered that the farm shed used for agricultural purposes, causes an undue increase in vehicular traffic along the national road, N-87. The proposed development of a new entrance and the unauthorised entrance that is currently in use at this location therefore contravenes DoECLG Spatial Planning and National Roads Guidelines for Planning Authorities (January, 2012) and Objective AS 03 of the Cavan County Development Plan 2022-2028, which states that the creation of additional access points from new developments or the generation of increased traffic from existing accesses to national roads should be restricted and as such the development 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 site is located in a rural area identified as a 'Stronger Rural Area', as designated in the Cork County Development Plan, 2022. Within this area, applicants must demonstrate that their proposal constitutes a genuine rural generated housing need based on their social/ economic links to a particular local rural area and must demonstrate compliance with one of the categories of housing need set out in Objective RP 5-6. On the basis of the information submitted, the Planning Authority is not satisfied that the applicant has demonstrated a rural generted housing need for a house at this location and has failed to demonstrate compliance with any one of the categories of housing need set out in Objective RP 5-6. The proposed development would, therefore, contravene materially the settlement policy and objective RP 5-6 of the Cork County Development Plan 2022, and the Sustainable Rural Housing Guidelines for Planning Authorities as published by the Department of the Environment, Heritage and Local Government in April 2005 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 development to be retained, having regard to the constrained nature of the site which would be further reduced in area following the implementation of the Swords to City Centre CBC Scheme (BusConnects), would endanger public safety by reason of a traffic hazard and would conflict with the approved Swords to City Centre CBC Scheme. Therefore the proposed development contravenes Objective DMSO118 and Objective CMO24 in the Fingal Development Plan 2023-2029 and 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. Having regard to the nature of the proposed development and the evidence on site that there is further unauthorised development in the form of an unauthorised shed on concrete blocks located less than 100 from a dwelling, other than the applicant’s house, and constructive works involving the erection of new stone walls and introduction of constructive elements typical for a dwelling house and not for an agricultural structure, within the confines of this site, it is considered that the proposed development would potentially result in the consolidation of unauthorised development. Furthermore, the applicant has not provided any justification in support of the proposed 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

2. Having regard to National Policy, and the existing local public road network serving the proposed development where the speed limit of 100 km/h applies, whilst including considerations of the public road capacity, width and alignment and future significant maintenance requirements that would be required, it is considered that the proposed development would endanger public safety by reason of traffic hazard. The traffic hazard is a potential consequence of the additional traffic turning movements of agricultural vehicles and/or vehicles involving a trailer that the development would generate at a point, proximal to a National Road Junction and where the existing site entrance from and on to the road network is not demonstrated in the provided documents of the planning application as satisfactory. Therefore, the Planning Authority considers the proposed development in contravention with DM Standard 28 and Policy Objective NR 1 and NR4 of the Galway County Development Plan 2022 – 2028, which seeks to safeguard national, regional and local roads. Thus, the proposed development would be at variance with National Roads Policy in relation to control of development on/affecting national roads and would interfere with the safety and free flow of traffic 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. The proposed development site is located 14m distance from the recorded monument SMR: GA106- 043--, Mill-corn and constructive works have been already carried out on site previous to the submission of the planning application. The applicant did not provide any evidence of notification related to the ongoing and proposed works to the Department of Arts, Heritage and Gaeltacht. Therefore, the proposed development is contravening DM Standard 61 - Archaeological Conservation and Preservation (Urban & Rural Areas) of the Galway County Development Plan 2022 – 2028, would conflict with the development plan policy which seeks to preserve and protect items of archaeological/architectural importance and/or interest and, if permitted as proposed, would be contrary to the proper planning and sustainable development of the area.

   Official final decision · PDF page 2

4. The proposed development relates to a site including derelict structures and is located in close proximity to a line of mature trees along the nearby water course, to the remains of an older cornmill which is a recorded national monument surrounded by overgrown vegetation and to a stone bridge, where the presence of bat habitats cannot be excluded. Having regard to the missing information on bats at this location, it is considered that the applicant has failed to demonstrate compliance with policy objective NHB 9 – Protection of Bats and Bats Habitats of the Galway County Development Plan 2022 – 2028 and, if permitted as proposed, the proposed development would be contrary to the proper planning and sustainable development of the area.

   Official final decision · PDF page 2

5. The application received indicates that the surface water management is not applicable to the proposed development. As the proposed work will inevitably generate surface water and possibly soiled surface water, due to the stated agricultural character of the proposed sheds, and in conjunction with the open watercourse located at 10m distance to west of the subject site, it is considered that the applicant has failed to demonstrate compliance with policy objective WR 1 – Water Resources of the Galway County Development Plan 2022 – 2028 and, if permitted as proposed, the proposed development would be contrary to the proper planning and sustainable development of the area.

   Official final decision · PDF page 2, 3

6. Based on the information provided, it is considered that the design of the proposed development is not aligned with the design policy objectives for agricultural buildings as required by DM Standard 13 – Agricultural Buildings of the Galway County Development Plan 2022 – 2028 and does not reflect honestly the character of the proposed works, therefore it generates a misleading information on the use of the proposed structures. Furthermore, the erected stone walls to date display a building methodology which is conflictual with policy objective AH 13 – Traditional Building Skills of Galway County Development Plan 2022-2028. This can create an undesirable precedent for similar structures in the area and the proposed development would, if permitted, have a negative impact on the pattern of development in the area 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.

1. Based on the information submitted, the Planning Authority is not satisfied that the retention of the one bed apartment, garden shed and raised rear boundary wall are appropriate in the context of the existing dwelling on site, furthermore it is considered by the Planning Authority that the proposed one bed apartment, by reason of its scale, design and nature fails to comply with DM Standard 5: Dependant Relative Accommodation/ Granny Flats (Urban and Rural). The Planning Authority considers that the developments to be retained are visually obtrusive, represent an overdevelopment of this constrained site, and would adversely affect the residential amenities of adjoining properties and the character of the area. Accordingly, the retention of the development would set an undesirable precedent for similar forms of inappropriate development in the vicinity, would therefore be contrary to DM standard 5 and 6 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. It is considered that the proposed retention of the structure for temporary use as a hair dressing salon would materially contravene Section 1.8 of Volume 6 of Kerry County Development Plan 2022-2028 with regard to Home-based Economic Activity, setting a precedent for similar unwelcome economic activity in a rural area and would, therefore, be contrary to the proper planning and sustainable development of the area.

   Official final decision · PDF page 2

2. It is considered that the proposed retention of the structure for temporary use as a hair dressing salon would be injurious to the residential amenity of the area, setting a precedent for similar unwelcome development in a rural area 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 Section 15.4.12 and Appendix 4 (Rural House Design Guide) of the Kildare County Development Plan 2023-2029, the proposed development, by reason of its scale, form and siting, would result in a visually dominant structure that would not integrate satisfactorily into the landscape and would be out of character with the rural setting of the area. The plans and particulars submitted indicate that significant filling, regrading and levelling of the site would be required. As such, the proposal fails to respond appropriately to the natural topography of the site and would result in excessive and visually intrusive site works. Furthermore, the development would not represent an enhancement of the site and, notwithstanding the limited architectural merit of the existing structure, would fail to achieve a design that responds appropriately to the character and sensitivities of the rural landscape. The proposed development would therefore be contrary to Section 15.4.12 and Appendix 4 of the Kildare County Development Plan 2023-2029 and would be contrary to the proper planning and sustainable development of the area.

   Official final decision · PDF page 2

2. The proposed garage, by reason of its height, scale and floor area would be contrary to the provisions of Section 15.4.13 of the Kildare County Development Plan 2023-2029, would set an undesirable precedent for similar developments of this scale and nature of the rural area 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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