Refusal decisions · 27 Jul–2 Aug 2026

The proposal site is located in the Western Corridor Working Landscape where it is an objective inter alia to ensure that siting and design of new developments are directed towards minimising visual impact. Having regard to the elevated nature of the site, and the design and height of the dwelling as proposed, it is considered that the proposed development would constitute a prominent feature in the local landscape which would fail to integrate satisfactorily into the local area and would seriously injure the visual amenities and rural character of the area. The proposed development would therefore be contrary Objectives CDP14.3 of the Clare County Development Plan 2023-2029 (as varied) and would be contrary to the proper planning and sustainable development of the area.

1. The subject site is partially located in the county side and partially located in the settlement of Ballyveskil/Teermaclane, which is designated as a Cluster in the settilement hierarchy of the Clare County Development Plan 2023- 2029, as varied. It is an objective of Clare County Council under CDP4.10 'Countryside' to ensure that the countryside continues to play its role as a place to live, work, recreate and visit, having careful regard to the viability of smaller towns and rural settlements, the carrying capacity of the countryside, siting and design issues and environmental sensitivities. It is an objective under CDP4.9 Clusters' to ensure that clusters throughout the county maintain their existing character providing only for very small-scale growth of dwellings and/or small enterprises where they can be suitably integrated with respect to the setting and context. It is considered that the proposed retention would constitute a form of development that is not consistent with the established character of the cluster within a rural area, and that to permit the development as proposed to be retained would set an undesirable precedent for other such development on individual sites in the countryside and in clusters. The subject development would therefore seriously injure the visual and residential amenities of the area, and constitute haphazard development of the site, which would be contrary to Policy Objective CDP4.9 'Clusters' and CDP 4.1o 'Countryside' of the County Development Plan, as varied, and would therefore be contrary to the proper planning and sustainable development of the area.
2. The proposal site is located on the outside of a bend on the Ls8254 local secondary road. This road serves a number of local dwellings, agricultural lands, and is a connecting road between the village of Ballyea and the R473 regional road. Having regard to the nature and extent of the existing and permitted developments in the area, the narrow nature of the road, the poor horizontal alignment of the road at the front of the site, and the nature of the traffic that would be associated with the proposed development, the Planning Authority considers that the proposed development would result in an intensification of commercial and industrial activity in this rural area, would result in additional traffic movements along the local road network, would have adverse impacts on traffic safety and free flow and would therefore be contrary to the proper planning and sustainable development of the area.
3. Having regard to the commercial nature and relatively large scale of the proposed development within this rural area, the location of the site both within and immediately adjacent to the Ballyveskil/Teermaclane Cluster, the close proximity of the site to existing dwellings, the backland nature of the site relative to the existing settlement pattern in the area, the nature of the existing and proposed site boundaries, and the proposed retention would constitute haphazard backland development that is not in accordance with the existing settlement pattern of the area, would have adverse impacts on adjacent amenities by reason of noise and general disturbance, would militate against the preservation of the character of this rural area, would depreciate the value of property in the vicinity, would be contrary to objective CDP4.9 "Clusters" of the Clare County Development Plan 2023-2029 and therefore would not be in accordance with the proper planning and sustainable development of the area.
4. The subject site is located within a rural area that is the “Western Corridor Working Landscape", and as per the objective CDP14.3 of the Clare County Development Plan 2023-2029, developments are required to ensure the selection of appropriate sites in the first instance within this landscape, together with consideration of the details of siting and design, are directed towards minimising visual impact. Having regard to the views available towards the site from the south, the existing built vernacular and settlement pattern of the area, the bulk, scale, massing, design and finishes of the existing shed, the Planning Authority considers that the proposed retention is not be in keeping with the existing built vernacular or settlement pattern of the area, would seriously injure the visual amenities and character of this rural area, and would set an undesirable precedent for similar developments in this area. The proposed development would therefore be contrary to the proper planning and sustainable development of the area.
5. The Planning Authority considers that the proposed commercial development, which is located in an unsewered rural area, and which is operated and accessed by multiple employees on a daily basis, would be premature due to the existing non-provision of onsite wastewater treatment facilities. Therefore, the proposed development would constitute substandard and haphazard development, would set an undesirable precedent for other similar type developments in this rural area and would not be in accordance with the proper planning and sustainable development of the area.
6. The Planning Authority notes the nature and extent of unauthorized works on site and works ongoing at the time of inspection which constitute both ‘works’ and ‘development’ in accordance with Sections 2(1) and 3(1) of the Planning and Development Act 2000, as amended and do not benefit from exempted development status under Schedule 2 of the Planning and Development Regulations 2001 (as amended). Therefore, the proposed retention would facilitate further development at the location of these unauthorized works, and would therefore be contrary to the proper planning and sustainable development of the area.