Refusal decisions · 27 Jul–2 Aug 2026

1. The proposed development of a self contained unit within the rear garden of the applicant is not in accordance with the policy as set out in Section 3.3 'Self-contained Residential Unit for a Family Member' contained in Volume 2 of the Wexford County Development Plan 2022-2028. The development is therefore contrary to this policy and contrary to the proper planning and sustainable development of the area.
2. Insufficient information has been submitted to demonstrate a need for such a unit in accordance with the requirement as set out in Section 4.9.5, Volume One of the Wexford County Development Plan 2022-2028. The development is therefore contrary to this policy and contrary to the proper planning and sustainable development of the area.
3. Inadequate information has been provided with regards to the proposed access arrangements, parking and surface water drainage capabilities of the site to enable the Planning Authority to adequately assess the impacts of the proposed development. The proposed development would therefore be considered prejudicial to traffic safety, public health and contrary to the proper planning and sustainable development of the area.

1. Section 3.1.3 of Volume 2 of the Wexford County Development Plan 2022-2028 requires that all proposed dwellings should be capable of being sited in such a way as to ensure that no undue loss of privacy occurs for adjoining properties, nor that the access arrangements would give rise to a detraction of residential amenity or traffic safety for adjoining properties. The proposed development, by virtue of its positioning to the rear of an existing house and where the access way is traversing through the site of an established residential property, would give rise to an unacceptable loss of privacy for the existing dwelling located west of the proposed development, which would be detrimental to the enjoyment and residential amenities of that existing dwelling. The proposed development is therefore contrary to the policies and objectives of the Wexford County Development Plan 2022-2028, and would be contrary to the proper planning and sustainable development of the area.
2. Insufficient information has been provided to demonstrate that the proposed development can be safely accessed from the public road, where sightlines of 65m in each direction from a 3.0m setback are required where a shared entrance is proposed. Furthermore, the need for a shared entrance is not established, and the access proposals included within the application would give rise to an unacceptable loss of privacy and residential amenity to that existing residential property. Where the sightlines are not readily available or achievable, and in the absence of sufficient information on the surface water management measures for the proposed shared access, the proposed development may be prejudicial to public health by reason of a traffic hazard, and would be contrary to the proper planning and sustainable development of the area.

The site of the proposed development is located on a heavily trafficked regional road at a point where the maximum speed limit applies and the proposed development would give rise to dangerous traffic turning movements onto and off the regional road and would therefore endanger public safety by reason of traffic hazard. The proposed development would contravene Objective TS73 of the Wexford County Development Plan 2022-2028 which seeks to restrict the proliferation of new access points onto regional roads.

1. The application site is located on a County Road where, in accordance with Volume One, Section 8.7.3 of the Wexford County Development Plan 2022-2028, a minimum of 65m sightlines in both directions are required. It has not been demonstrated that adequate sightlines are available or that they can be achieved at the proposed access / egress point without major realignment works to the southeast of the entrance. In the absence of a suitable means of vehicular access to the site, it is considered that the development as proposed fails to satisfy the requirements of the Wexford County Development Plan 2022-2028, interferes with and endangers public safety by way of a traffic safety hazard, would interfere with the free flow of traffic and would therefore be contrary to the proper planning and sustainable development of the area.
2. The Planning Authority is not satisfied based on the information submitted that adequate provision has been made for the treatment of effluent on site. In the absence of such information, the proposal could give rise to the pollution of the groundwater and surface water networks in the lands. It is also contrary to the guidance contained within Volume Two (Development Management Manual), Sections 5.1 for and 5.1.1 of the Wexford County Development Plan 2022-2028 (Requirements for all Developments) which require that adequate details be provided with all planning application and would be contrary to the proper planning and sustainable development of the area if permitted.

This application must be assessed under Section 42(1) of the Planning and Development Act, 2000 (as amended). From a site inspection carried out, I am satisfied that substantial works have not been carried out to date. The Planning Authority is therefore precluded from extending the appropriate period of planning permission 20210946E. There also seems to be unauthorized works on site in what appears to be a cabin on site which is considered not to have the benefit of permission. Having regard to the above and all the details submitted, it is recommended that this application for a Section 42 extension of duration of planning permission be refused as there is no provision for extending the appropriate period without substantial works been carried out.

The Planning Authority is not satisfied that the applicant has demonstrated that the proposed drive-through coffee shop would not adversely affect traffic circulation, pedestrian safety or the efficient operation of the Golden Island Shopping Centre road n etwork. The submitted Transport Assessment does not provide adequate quantitative evidence, including traffic generation, queueing or operational analysis, to substantiate its conclusion that the proposal would have no material traffic impact. Furthermore, by reason of its inherently car-dependent nature, the proposed development would encourage additional private vehicle trips at a centrally located site where sustainable modes of travel should be prioritised. The proposal would reinforce reliance on private car use, undermine the transition to sustainable mobility and a low-carbon pattern of development, and is therefore contrary to the sustainable transport and climate action objectives of the National Planning Framework, including National Po licy Objectives 37, 66, 69 and 93, the Westmeath County Development Plan 2021–2027, and the proper planning and sustainable development of the area.

It cannot be concluded that the development under Pl Ref 21/762 was commenced and substantial works were carried out pursuant to this permission. The proposal therefore fails to satisfy the requirements of Section 42(1) (a) (i) parts (I) & (III) of the Planni ng and Development Act 2000, as amended.

Substantial development works have not commenced or completed before the expiration of the appropriate period. Therefore, an extension of duration would be contrary to section 42(1) (a)(i)(I) and (III) of the Planning and Development Act, 2000, as amended.

1. Having regard to the zoning objective of the site which is designated as ‘A1 Existing Residential’, within the Meath County Development Plan 2021-2027, and has a zoning objective ‘To protect and enhance the amenity and character of existing residential communities’, and the provisions relating to public open space as set out in Section 11.5.11 of the Development Plan and the Sustainable Residential Development and Compact Settlements Guidelines for Planning Authorities, it is considered that the proposed development, by reason of the reduction and loss of existing public open space associated with the adjacent ‘The Hollies’ development, would constitute a substandard form of development and an overdevelopment of the subject site and would seriously injure the residential amenity of the area and the amenities of the future occupants of the proposed dwellings and the existing and future occupants of ‘The Hollies’ development. Furthermore, the application and development description do not include a request for the amendment of Condition Nos. 1 and 5 of Planning Permission Ref. 21/387, which relate to the provision and retention of public open space serving the development, nor do they provide for the inclusion of ‘The Hollies’ development within the application site by way of an extension of the red line boundary. In the absence of such information and accompanying planning justification, the Planning Authority is not satisfied that the proposed loss of public open space is acceptable. To grant permission in these circumstances would be contrary to the provisions of the Meath County Development Plan 2021- 2027 and the Sustainable Residential Development and Compact Settlements Guidelines for Planning Authorities. The proposed development would therefore be contrary to the proper planning and sustainable development of the area.
2. The Planning Authority is not satisfied, based on the information submitted, that the proposed development provides for a satisfactory access arrangement and internal road layout. In particular, the applicant has failed to demonstrate adequate and unobstructed visibility splays at the proposed priority junction, the proposed junction arrangement is not designed perpendicular to the Hazelwood Estate Road, and the proposed corner radii have not been demonstrated to comply with the principles and standards contained in the Design Manual for Urban Roads and Streets (DMURS). Furthermore, the proposal fails to provide adequate details in relation to tactile paving, traffic signs and road markings, bin storage and bicycle storage facilities serving the proposed terraced dwellings. In addition, a Stage 1 Road Safety Audit has not been submitted to demonstrate that the proposed development can be accommodated safely. The Planning Authority is therefore not satisfied that the proposed development would provide for adequate pedestrian, cyclist and vehicular safety or a satisfactory standard of residential amenity and, consequently, the proposed development would endanger public safety by reason of traffic hazard and would be contrary to the proper planning and sustainable development of the area.
3. The Planning Authority is not satisfied that the proposed development can be adequately served by an appropriately designed surface water drainage system. The applicant has failed to provide sufficient information in relation to the proposed surface water management strategy, including details of the proposed flow control device and associated infrastructure, evidence that the required greenfield runoff rate can be achieved, a breakdown of impermeable and permeable areas used in the drainage design, BRE 365 infiltration testing and groundwater level information, a detailed design of the proposed attenuation system, and written confirmation of consent to discharge surface water to the existing drainage network. In addition, the submitted proposals have not demonstrated compliance with sustainable drainage principles, including the appropriate location of soakaways, the provision of permeable paving, treatment of surface water runoff and pollution control measures. In the absence of this information, the Planning Authority is not satisfied that the proposed development would not give rise to flooding, pollution, inadequate drainage infrastructure or adverse impacts on adjacent lands and the receiving drainage network. To grant permission in such circumstances would be contrary to Policy INF POL 16 of the Meath County Development Plan 2021-2027, which seeks to ensure that all planning applications for new development have regard to the surface water management policies contained within the Greater Dublin Strategic Drainage Study (GDSDS). The proposed development would, therefore, be contrary to the proper planning and sustainable development of the area.

1. It is a policy (RD POL 9) of the Meath County Development Plan 2021-2027, “To require all applications for rural houses to comply with the ‘Meath Rural House Design Guide”. Furthermore, policy RD POL 30 seeks, “To promote the viable re -use of vernacular dwellings without losing their character and to support applications for the sensitive restoration of disused vernacular or traditional dwellings”. The existing dwelling is considered to be a good example of vernacular dwelling in the rural area. The proposed development by reason of its siting and form is considered out of keeping and fails to integrate with the highly sensitive character of the immediate surrounding rural area and would form a visually obtrusive feature, which would not respect and integrate with the surrounding landscape. Accordingly, to permit the proposed development would be contrary to the policies and provisions of the Meath County Development Plan 2021-2027 and thereby contrary to the proper planning and sustainable development of the area.
2. It is a policy (RD POL 9) of the Meath County Development Plan 2021-2027, “To require all applications for rural houses to comply with the ‘Meath Rural House Design Guide”. Having regard to the siting and nature of the mobile home to be retained, it is considered that the development constitutes a substandard and temporary form of development that is out of character with the immediate surrounding rural area and would form a visually obtrusive feature, which would not respect and integrate with the surrounding landscape and would seriously injure the residential amenities of occupants of the structure, and would set an undesirable precedent for similar forms of development. Accordingly, to permit the proposed development would be contrary to the aforementioned policy provisions of the Meath County Development Plan 2021-2027 and thereby be contrary to the proper planning and sustainable development of the area.

1. Policy Objective HOU 49 of the Louth County Development Plan 2021- 2027 (as varied) requires applications for rural dwellings to comply with the standards and criteria for Housing in the Open Countryside set out in Section 13.9 of Chapter 13. Having regard to the location of the subject site set back c.130m from the public road it is considered to be contrary to Section 13.9.6 ‘Backland Development’ of the Louth County Development Plan 2021- 2027 (as varied) and would militate against the preservation of the rural environment which would set an undesirable precedent for other similar inappropriate development in the vicinity. In addition, the development would also be contrary to Policy Objective HOU 44 which seeks to manage the development of rural housing in the open countryside by requiring any new dwelling to be appropriately designed and located so it integrates into the local landsca pe and not erode the rural character of the area in which it would be located. The proposed development would, therefore, be contrary to the proper planning and sustainable development of the area.
2. The Planning Authority is not satisfied, on the basis of the information submitted, that adequate visibility sightlines can be achieved and maintained at the vehicular entrance in accordance with the requirements of Table 13.13 of the Louth County Development Plan 2021-2027, as varied. The applicant has failed to demonstrate that minimum visibility splays of 4.5 metres x 75 metres, measured to the nearside road edge in both directions, can be provided and retained free from obstruction within lands under the applicant's control or otherwise secured through legal ly binding agreements. In the absence of satisfactory evidence demonstrating the provision and long-term maintenance of the required sightlines, the Planning Authority cannot be satisfied that the proposed development would not endanger public safety by reason of traffic hazard or obstruction of road users. The proposed development would therefore be contrary to the proper planning and sustainable development of the area.
3. The Planning Authority is not satisfied, based on the information submitted, that the proposed development would not be at risk of flooding or that it would not exacerbate flood risk in the surrounding area. It is noted that the OPW Flood Maps and the Geol ogical Survey Ireland (GSI) Winter 2015/2016 Surface Water Flooding mapping indicate historical flooding in the vicinity of the pond adjacent to the application site. In the absence of a site- specific Flood Risk Assessment prepared by a suitably qualified competent professional, the Planning Authority cannot determine whether all elements of the proposed development are located outside areas at risk of flooding, whether the development would increase flood risk on adjoining lands or the public road network, or whether any residual flood risks can be adequately managed. The proposed development would therefore be contrary to the proper planning and sustainable development of the area. -2- REFERENCE NO: 26/60384.
4. The Planning Authority is not satisfied, on the basis of the information submitted, that adequate provision has been made for the collection, attenuation and disposal of surface water arising from the proposed development. The applicant has failed to submi t sufficient information demonstrating that surface water can be managed within the site in accordance with Sustainable Drainage Systems (SuDS) principles and the requirements of Policy IU19 of the Louth County Development Plan 2021- 2027, as varied. In particular, insufficient information has been provided in relation to the proposed surface water drainage design, including soakaway testing, infiltration rates, soakaway sizing and layout, and the means by which surface water generated from the proposed dwelling, access roads, driveways and other hardstanding areas will be disposed of. In the absence of this information, the Planning Authority cannot be satisfied that the proposed development would not give rise to surface water flooding, adverse impacts on adjoining lands, or impacts on water quality. The proposed development would therefore be contrary to Policy IU19 of the Louth County Development Plan 2021-2027 (as varied) and would be contrary to the proper planning and sustainable development of the area.
5. The Planning Authority is not satisfied, on the basis of the information submitted, that the proposed domestic wastewater treatment system and associated percolation area comply with the Environmental Protection Agency Code of Practice for Domestic Wastewater Treatment Systems (2021). Insufficient information h as been provided regarding the status, construction, certification and compliance of the wastewater treatment system and percolation area, including their relationship to nearby water features, groundwater conditions and the private water supply. In the absence of adequate information demonstrating that the site can accommodate the proposed wastewater treatment arrangements without risk to public health, groundwater or surface water quality, the Planning Authority cannot be satisfied that the proposed development would not adversely affect the environment and would therefore be contrary to the proper planning and sustainable development of the area.
6. The Planning Authority is not satisfied, having regard to information available regarding the historical use of the site and indications that asbestos -containing waste may be present on part of the lands, that the site is suitable for the proposed resident ial development. The applicant has failed to submit a comprehensive contaminated land assessment, including a conceptual site model, site investigation and quantitative risk assessment, sufficient to establish the nature, extent and environmental significance of any contamination present on site. In the absence of such information, the Planning Authority cannot determine whether the proposed development would pose a risk to human health, groundwater, surface water, private wells or the wider environment, nor can it be satisfied that appropriate rem ediation and long- term management measures can be implemented. The proposed development would therefore be contrary to the proper planning and sustainable development of the area.

1. The applicant has failed to adequately demonstrate a locational or resource based, regional or national requirement for the joinery workshop and ancillary buildings used for the manufacture of timber frame houses in this rural location. Such a use conflict s with the provisions of section 5.19.3 of the Louth County Development Plan 2021- 2027, as varied. Whilst it is a policy objective under EE 56 of the County Development Plan to support rural entrepreneurship and rural enterprise, the nature of the use, location, and scale of the operation is not appropriate for a rural location and therefore the development would be contrary to policy objective EE 55. The Planning Authority is not satisfied that the applicant has demonstrated a site- specific, resource- based or other rural locational requirement for the development, nor that the enterprise could not be accommodated on suitably zoned and serviced employment lands within a designated settlement. Furthermore, the scale and nature of the development cannot reasonably be regarded as a small -scale rural enterprise or farm diversification project. A ccordingly, the development would be contrary to the economic strategy, rural enterprise provisions and policy objectives EE56, EE60 and EE62 of the Louth County Development Plan 2021-2027, as varied, would undermine the strategic objective of directing employment growth to designated settlements, and would therefore be contrary to the proper planning and sustainable development of the area.
2. The applicant has failed to provide sufficient information to demonstrate that the proposed surface water drainage arrangements comply with Policy Objective IU19 of the Louth County Development Plan 2021- 2027 as varied, which requires all development proposals to incorporate Sustainable Drainage Systems (SuDS) and to demonstrate that surface water can be managed in a sustainable manner without adverse impacts on water quality, groundwater or the receiving environment. In the absence of adequate details regarding the design, capacity and operation of the proposed surface water drainage infrastructure, the Planning Authority cannot be satisfied that surface water arising from the development can be appropriately managed on site in accordance with SuDS principles. The proposed development would therefore be contrary to Policy Objective IU19 of the Louth County Development Plan 2021- 2027, as varied, and contrary to the proper planning and sustainable development of the area.
3. Having regard to the requirements of the Louth County Development Plan 2021- 2027, as varied, in respect of road safety and access design, the applicant has failed to demonstrate that adequate visibility sightlines can be achieved and maintained at the junction of the private access lane and the LP -1170. Furthermore, insufficient information has been submitted regarding the volume, nature and extent of traffic associated with the proposed timber frame manufacturing and joinery enterprise, including details of delivery vehicles, service vehicles and emergency vehicles, together with evidence that such vehicles can safely access, manoeuvre within and egress the site. In the absence of this information, the Planning Authority cannot be satisfied that the proposed development would provide for the safe and efficient movement of vehicles or that it would not endanger public safety by reason of traffic hazard. The proposed development would therefore be contrary to the road safety and development management provisions of the Louth County Development Plan 2021-2027 as varied and contrary to the proper planning and sustainable development of the area.

Policy Objective HOU 49 of the Louth County Development Plan 2021-2027 (as varied) requires applications for rural dwellings to comply with the standards and criteria for Housing in the Open Countryside set out in Section 13.9 of Chapter 13. Having regard to the location of the site some 270m from the public road on a narrow unsurfaced track it is considered to be contrary to Section 13.9.6 ‘Backland Development’ and would militate against the preservation of the rural environment which would set an undesirable precedent for other similar inappropriate development in the vicinity. In addition, the development would also be contrary to Policy Objective HOU 44 which seeks to manage the development of rural housing in the open countryside by requiring any new dwelling to be appropriately designed and located so it integrates into the local landscape and not erode the rural character of the area in which it would be located. The proposed development would, therefore, be contrary to the proper planning and sustainable development of the area.

1. The applicant has failed to demonstrate compliance with the provisions of Development Management Standard DMS16.80 of the Longford County Development Plan 2021-2027 and the ‘Sustainable Residential Development and Compact Settlements Guidelines for Planning Authorities’. The planning application lacks sufficient information to demonstrate that the proposed development would not have a serious impact on the residential amenity of the existing dwelling and any future residents of the proposed dwelling by reason of its siting and design. The development would therefore set an undesirable precedent within the area and is considered contrary to the proper planning and sustainable development of the area.
2. The proposed development would result in inadequate off-street parking provision, with only two parking spaces provided to serve both the existing dwelling and the proposed dwelling, contrary to the parking standards contained within the Longford County Development Plan 2021-2027. Furthermore, the site fails to provide adequate turning space, resulting in vehicles reversing onto the N55 National Road. The Planning Authority considers that this would give rise to a traffic hazard and would be prejudicial to the safety and convenience of road users. The development would establish an undesirable future precedent and would therefore be contrary to the proper planning and sustainable development of the area.

The applicant has not sufficiently demonstrated that the proposed wastewater treatment system and percolation area can adequately manage the disposal of wastewater from the site in accordance with EPA Code of Practice, Domestic Wastewater Treatment Systems (Population Equivalent ≤ 10), 2021. In the absence of this information in order to properly assess the impact on the local environment, to permit the said development would be prejudicial to public health due to risk of pollution and would not be in accordance with the proper planning and sustainable development of the area.

1. Having regard to the apparent evidence and confirmation of commercial use of the structures proposed for retention and their intrinsic connection with the larger site of which the application unit forms part and which includes unauthorised development, it is considered that the proposed development would potentially result in the consolidation and intensification of unauthorised development. Therefore, it is considered by the Planning Authority that the proposed development would, if permitted, perpetuate a nd intensify existing unauthorised development on site and it would be inappropriate for the Planning Authority to consider a grant of permission for the proposed development in such circumstances.
2. The Planning Authority considers that the development type cannot be accommodated in a rural location with regards to satisfying requirements under DM Standard 13: Agricultural Buildings, DM Standard 17: Rural Enterprise, policy objectives CD1: Rural Enter prises and RD1: Rural Enterprise Potential of the Galway County Development Plan 2022 -2028. The principle of the proposed development is therefore not considered acceptable at this location.
3. In the absence of a detailed storm management strategy for the development, including a satisfactory surface water layout for the subject site, the Planning Authority considered that the development would contravene Policy Objective WW7 and Policy Objective WW8 of the Galway County Development Plan 2022 -2028 and would be contrary to the proper planning and sustainable development of the area.
4. Having considered the planning history on site, no evidence of the nature, storage, condition, capacity and functionality of the existing effluent treatment system and how this affects the proposed development has been provided with this application. Accor dingly, to grant the proposed development would be prejudicial to public health, would be contrary to Objective WW6 and DM Standard 38 of the Galway County Development Plan 2022 -2028, would pose an unacceptable risk to receiving waters, and be contrary to the proper planning and sustainable development of the area.
5. The proposed development access points onto/from public local road network where considerations of public road capacity, width, alignment, surface and structural condition/composition of this pavement, in conjunction with future maintenance requirements, would render the road network or any part of it, unsuitable to carry the additional HGV traffic likely to result from the proposed development. These matters, in conjunction with the suitability of the proposed external and internal traffic circulation regi me and the potential for conflicting traffic movements to occur directly and indirectly to the LS 7229 due to restricted 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 CDP policy objectives NNR2, and DM Standards 28, and DM standard 33a of the Galway County Development Plan 2022-2028.

Having regard to Section 42(1)(c)(ii) of the Planning and Development Act 2000 (as amended), the Planning Authority is not satisfied that substantial works were carried out pursuant to planning permission during the appropriate period. The statutory requirements necessary to permit an Extension of Duration have therefore not been complied with and the application is refused.

It is considered that the proposed extension to the existing first floor terrace would result in a loss of privacy by reason of the overlooking to a greater degree onto adjoining properties which would be injurious to the residential amenity of adjacent properties. To permit the development as proposed would be contrary to Section 14.10.2.4, 14.6.6.4 and SPQHP41 of the Fingal Development Plan 2023-2029 and would be contrary to the proper planning and sustainable development of the area.

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. Having regard to the height of, and proximity of the structure to the residential development of Dunbur Glen, in particular No. 1 Dunbur Glen, it is considered that the proposed development would: a) Be contrary to the development standards for mast and telecommunications structures as set out in the Wicklow County Development Plan 2022-2028 (i.e. Locations in settlements) and, b) Would seriously injure the amenity No. 1 Dunbur Glen, in particular its private rear garden. To permit this development would therefore be contrary to the proper planning and sustainable development of the area.
2. Having regard to: The siting and scale of the proposed telecommunications structure; The existing slope of the receiving site; The extent and permanent nature of the associated concrete base and c-shaped retaining structure and railings required to support this structure for which a 5-year licence is sought; Its location along the R750 within the view line of Prospect No. 31 as you travel south, which encompasses the prospect towards the sea from the coast road R 750; Its location at the entrance to the main urban area of Wicklow Town along this coastal scenic route adjacent to Glen Beach car park and viewing area and; The failure of the VIA and proposed site photographs to accurately represent the full extent and visual impact of the proposal on site; it is considered that the development proposal would form a visually incongruous feature at this location to the entrance of Wicklow Town and would meaningfully detract from this protected prospect, in particular when travelling south, and would therefore seriously interfere with this prospect of special amenity value which is to be preserved. The proposed development would therefore be contrary to the proper planning and sustainable development of the area and would contravene objective CPO 17.38 of the Wicklow County Development Plan (2022-2028) which aims to protect listed views and prospects from development that would either obstruct the view / prospect from the identified vantage point or form an obtrusive or incongruous feature in that view / prospect.

It is considered that the dwellings to be retained, by reason of bulk, scale, height and relationship to neighbouring houses, would, given difference in site levels, constitute an over-dominating presence in relation to adjoining residential property which would seriously injure the residential amenities of the area by reason of visual obtrusiveness and over-bearing impact. Retention of the development as constructed would, therefore, be contrary to the proper planning and sustainable development of the area.

The subject site is located in open countryside that is identified as ‘Rural Area Under Strong Urban Influence’ in the Offaly County Development Plan 2021- 2027. In such areas it is development plan policy that certain categories of applicant, which are defined in policy SSP -27 of the County Development Plan, will be given a positive presumption for the development of a permanent rural home. As the applicant (a) currently owns a house in the open countryside and (b) in the absence of sufficient supporting evidence that the applicant has a justifiable need to reside in this specific rural location, the Planning Authority considers that the applicant does not comply with policy SSP-27 of the Development Plan, and that the proposed development, if permitted, would materially contravene the Offaly County Development Plan 2021- 2027 and would be contrary to the proper planning and sustainable development of the area.

1. Policy RUR DEV SP 2 of the Meath County Development Plan 2021-2027 seeks to ensure that individual house developments in rural areas satisfy the housing requirements of persons who are an intrinsic part of the rural community in which they are proposed, subject to compliance with normal planning criteria. The applicant applied for permission based on Section 9.4 Persons who are an Intrinsic Part of the Rural Community under the following definition, “Persons who have spent substantial periods of their lives, living in rural areas as members of the established rural community for a period in excess of five years and who do not possess a dwelling or who have not possessed a dwelling in the past in which they have resided or who possess a dwelling in which they do not currently reside”. It is considered the applicant has failed to provide adequate and verifiable information to establish a rural housing need and hence the Planning Authority is not satisfied that that a rural housing need in accordance with the above provisions of the plan has been established. The proposed development would be contrary to the policy of the Ministerial Sustainable Rural Housing Guidelines for Planning Authorities and the Meath County Development Plan 2021 – 2027 and would, therefore, be contrary to the proper planning and sustainable development of the area and would establish a very undesirable future precedent.
2. It is the policy of the Council under RD POL 9 of the Meath County Development Plan 2021- 2027 ‘to require all applications for rural houses to comply with the Meath Rural House Design Guide’. Having regard to the elevated nature of the application site and design and appearance of thproposed development in particular the excessive height it is considered that the proposed development by reason of its siting, design, and layout would result in a strident and obtrusive physical development prominent in the landscape when viewed from the public road. In addition, it would set an undesirable precedent of a disorderly form of physical development currently free of development into the host environment in a manner seriously injurious to visual amenity of the rural landscape.
3. The proposed development would involve the creation of a new vehicular entrance onto the L‑2807 -0 public road where adequate traffic sightlines have not been demonstrated. In particular, the applicant has failed to provide unobstructed sightlines of 90 met res in both directions, measured to the nearside edge of the road from a set‑back of 2.4 metres, as required for a road with a 60 km/h speed limit. Furthermore, the entrance layout does not adequately demonstrate compliance with TII document DN‑GEO‑03060 and the Meath Rural Design Guide, including requirements relating to sight distance, entrance geometry, and the positioning of gates and entrance piers. In the absence of satisfactory sightlines and a compliant entrance design, the proposed development would endanger public road users by reason of traffic hazard and obstruction of visibility and would therefore be contrary to the proper planning and sustainable development of the area.
4. The proposed development would involve the removal of substantial sections of front boundary/hedgerow to facilitate the domestic entrance. The Planning Authority actively discourages hedgerow removal in accordance with HER POL 37 of the Development Plan. The proposed development would therefore be contrary to policy HER POL 37 of the Meath County Development Plan 2021-2027, would set an undesirable precedent for similar type future development, would mitigate against the preservation of the rural environment, and would be contrary to the proper planning and sustainable development of the area.

The proposed development is located within a rural ‘Area Under Strong Urban Influence’ where it is a requirement for applicants to (i) comply with the Local Needs Qualifying Criteria as outlined in Section 9.4 of the Meath County Development Plan 2021 – 2027 and to (ii) demonstrate a rural housing need. It is considered, based on the information submitted, that the applicant has not established a site specific rural generated housing need for a dwelling in this rural location. The proposed development would be contrary to the policy of the Sustainable Rural Housing Guidelines for Planning Authorities and the Meath County Development Plan 2021 – 2027 and would, therefore, be contrary to the proper planning and sustainable development of the area and would establish a very undesirable future precedent.

1. Policy RUR DEV SP 2 of the Meath County Development Plan 2021-2027 seeks to ensure that individual house developments in rural areas satisfy the housing requirements of persons who are an intrinsic part of the rural community in which they are proposed, subject to compliance with normal planning criteria. The applicant applied for permission based on Section 9.4 Persons who are an Intrinsic Part of the Rural Community under the following definition, “Persons who have spent substantial periods of their lives, living in rural areas as members of the established rural community for a period in excess of five years and who do not possess a dwelling or who have not possessed a dwelling in the past in which they have resided or who possess a dwelling in which they do not currently reside”. It is considered the applicant has failed to provide adequate and verifiable information to establish a rural housing need and hence the Planning Authority is not satisfied that that a rural housing need in accordance with the above provisions of the plan has been established. The proposed development would be contrary to the policy of the Ministerial Sustainable Rural Housing Guidelines for Planning Authorities and the Meath County Development Plan 2021 – 2027 and would, therefore, be contrary to the proper planning and sustainable development of the area and would establish a very undesirable future precedent.
2. The proposed development is located in a rural area where the pattern of development is characterised by low-density housing on road frontage sites. The proposed development by reason of its back- land location is considered to be out of context with the nature of existing development in the area and if permitted would constitute the unacceptable and haphazard development of back lands. The proposal would, therefore, be seriously injurious to the residential amenities of property in the vicinity and would set an undesirable precedent for further such development and as such would be contrary to the proper planning and sustainable development of the area.

The trial hole excavated on the site has revealed that because of the high level of the ground water and the very poor percolating property of the soil, the ground is unsuitable for the safe disposal of effluent from a septic tank or propriety effluent treatment unit and the proposed development therefore would be prejudicial to public health and contrary to the proper planning and sustainable development of the area.

1. Having regard to the existing derelict structure on site, in conjunction with the absence of satisfactory evidence verifying that the structure was formerly a dwelling, and in the absence of a structural report on the existing structure on site, to the requirements of Policy Objective RH 7 contained in the Galway County Development Plan, 2022-2028, and to the information included with the planning application, the Planning Authority considers that the proposed development would be contrary to the requirements of Policy Objective RH 7. Accordingly, to grant the development as proposed, would materially contravene a policy objective contained in the current county development plan and would be contrary to the proper planning and sustainable development of the area.
2. The subject site is located in the rural area within the GCTPS, which is subject to strong urban influence as identified in the Sustainable Rural Housing Guidelines for Planning Authorities issued by the Department of the Environment, Heritage and Local Government in April 2005. Based on the information submitted with the planning documentation, and taking account of the existing derelict structure on site that is not verifiable as a former dwelling nor appears to be currently habitable, and in the absence of satisfactory substantiation under Policy Objective RH 7 Renovation of Existing Derelict Dwelling, it is considered that the proposal would not comply with the rural housing objectives as set out in the current Galway County Development Plan 2022-2028, in particular Policy Objective RC 2, Policy Objective RH2 and DM Standard 7 in the absence of sufficiently detailed local rural links substantiated. Therefore, if permitted as proposed, 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 objectives and a development management standard 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 be contrary to the proper planning and sustainable development of the area.
3. In the absence of a comprehensive bat survey surveying the bats and their roosts utilising the site and adjoining mature trees for foraging or commuting at different times including that of dawn, the Planning Authority cannot be satisfied, that the potential impact of the development on bats has been comprehensively addressed. In this regard, 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.
4. Having regard to the following: a) The absence of sufficient legal interest demonstrated on the submitted documents in accordance with Article 22 (2)(b) (ii) of the Planning and Development Regulations, 2001 (as amended) in respect of the proposed development; b) the requirement to connect to third party infrastructure to provide for water services necessary to operate the proposed development located outside the application unit boundaries; c) the requirement to traverse road lands/infrastructure outside the application unit boundaries to access the subject site: It is considered that the works proposed outside of the application site area cannot be implemented under the current planning application, as per Section 34(4)(a) of the Planning and Development Act 2000 (as amended), as such development works are outside the control of the applicant. Accordingly, in the absence of this information, the development as proposed would be prejudicial to public health, would endanger public safety by reason of traffic hazard or obstruction of road users or otherwise, would be contrary to DM Standards 30 and 36 and would be contrary to the proper planning and sustainable development of the area.

Having regard to the provisions of the Childcare Facilities Guidelines for Planning Authorities (2001), the provisions of the Sustainable Urban Housing: Design Standards for New Apartments Guidelines for Planning Authorities (2023), the documents submitted with the application and based on submissions received, it is considered by the Planning Authority that insufficient evidence has been provided to indicate that proposed change of use of the crèche facility would not result in a significant loss of residential amenity and community services to existing and future residents of the existing and permitted residential development and surrounds. As such, the proposal is contrary to the aforementioned Guidelines and is therefore contrary to Policy Objective CF1 Childcare Facilities, CF 3 Creche Facilities and DM Standard 3: Apartment Developments (Urban Areas) of the Galway County Development Plan 2022-2028.

1. The Galway City Development Plan 2023 – 2029 gives priority to protecting the character and enhancing the amenity of City Centre Residential Areas, by ensuring that new development does not adversely affect their character and has regard to the prevailing pattern, form and density of these areas. Having regard to the scale, height, form, roof terrace and elevational treatment of the proposed development, it is considered that the proposal would constitute an excessive and visually discordant addition to the existing dwelling. The proposed increased ridge height and substantial dormer form would be unduly prominent within the Riverside streetscape and would fail to adequately respect the established character, scale and building heights of the Woodquay Residential Area. The proposal would also be visible from the public realm adjoining the River Corrib and from the opposite riverbank. The submitted information has not adequately demonstrated that the proposed development would integrate appropriately within this prominent riverside setting. Therefore, if permitted, the development would be contrary to Section 3.8, Chapter 8 and Section 11.3.1(l) of the Galway City Development Plan 2023–2029 and would be contrary to the proper planning and sustainable development of the area.
2. Having regard to the constrained triangular nature of the site, the substantial increase in floorspace and height proposed, the introduction of roof -level accommodation and a roof terrace, and the limited retention of functional ground -level private amenit y space, it is considered that the proposed development would constitute overdevelopment of the site. Furthermore, having regard to the elevated roof -level accommodation, rear dormer windows and roof terrace, together with the limited separation distances to adjoining lands and deficiencies in the sunpath analysis, it is considered that the proposed develo pment would result in undue overlooking, overshadowing and would adversely affect the residential amenities and privacy of adjoining properties. Therefore, if permitted, the development would be contrary to Sections 11.3.1(c), 11.3.1(d) and 11.3.1(l) of the Galway City Development Plan 2023 –2029, SPPR 1 of the Sustainable Residential Development and Compact Settlements Guidelines for Planning Autho rities and would be contrary to the proper planning and sustainable development of the area.

1. The subject site is zoned RS Residential with the objective to provide for residential development and protect and improve residential amenity within the Fingal Development Plan 2023-2029. The proposed development by virtue of restricting accessibility and permeability without sufficient justification would lead to a conflict between pedestrian and road user. In addition, the proposed bollards would be visually incongruous and negatively impact residential amenity of the surrounding area. It is therefore considered that the proposed development materially contravenes the RS zoning objective, DMURS and contravenes, Policy CMP14 of the Fingal Development Plan 2023-2029 and would set an inappropriate precedent for similar forms of development in an already constrained area. The development is therefore contrary to the proper planning and sustainable development of the area.
2. Having regard to the proposed 3 no. emergency removable bollards indicated on lands outside of the red line boundary, it is considered that applicant has failed to submit evidence of consent to carry out works on these land which appear to be a private roadway. In the absence of this consent, the applicant has not shown sufficient legal interest to carry out the development. The development is therefore contrary to the proper planning and sustainable development of the area.

The subject site is zoned RS Residential with the objective to provide for residential development and protect and improve residential amenity within the Fingal Development Plan 2023-2029. Having regard to the nature of the development, the proposed dormer to the rear by reason of its design, excessive massing and overbearing nature on the roof scape would be visually incongruous and negatively impact the residential amenity of adjoining properties. The development by reason of its visual prominence and appearance as a third floor would seriously injure the residential and visual amenity of the area. The proposal, therefore, would materially contravene the RS Residential zoning objective, Section 14.10.2.5 and Objective SPQHO45 of the Fingal Development Plan 2023-2029, would set an inappropriate precedent for other similar development and would therefore be contrary to the proper planning and sustainable development of the area.

It is a policy of the Buncrana Town Plan, 2024-2030 (Policy TC-G-P-4 refers) to ‘Consider proposals for food take-away units, bookmakers, amusement arcades, and casinos within the ‘Urban Core’ zoning provided that they: (a) Are not located within or abutting premises consisting of residential accommodation, schools or religious institutions. (b) Do not contribute to the over concentration of such uses in a given area which would result in excessive noise, litter and anti-social hours of operation; and (c) Do not detract from the streetscape and vitality and viability of the area.’ On the basis of the information submitted, which (i) fails to clarify the permitted use/s of the upper second and third floor areas above ground floor units in the overall building previously indicated as residential in historical applications and (ii) otherwise seeks permanent excessive late opening hours on the basis of an heretofore unapproved late-night licence from a third party premises as an acceptable rational for same, the Planning Authority are not satisfied that the application has sufficiently demonstrated compliance with the above policy or otherwise presented a valid planning rationale for same. Accordingly, to permit the development on as proposed would materially contravene the aforementioned policy, would set an undesirable precedent for future forms of similar development and would, therefore, 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.

1. Having regard to: a) The location of the site within the Wicklow Mountains SAC and SPA and the qualifying interests associated with both of these designated sites; b) The failure of the applicant to carry out a bird survey within the environs of the site; c) The proximity of the proposed development to the Carrigviore Brook and River Liffey; d) The potential negative impacts that construction noise, dust and lighting may have on the qualifying interests of the SPA in the absence of mitigation measures and a CEMP and; e) The potential for spillages/deleterious material to enter ground water or the nearby water bodies to the site during the construction phase of the development may have on the qualifying interests of the SAC in the absence of mitigation measures and CEMP, It is considered that the details submitted are considered insufficient to allow the Planning Authority to fully assess the development in terms of its impact on the conservation values of the Wicklow Mountains SAC/SPA. Therefore, impacts on the qualifying interests of the Wicklow Mountains SAC and SPA cannot be ruled out and to allow this development in the absence of such information would be contrary to the Habitats Directive, to the provisions of the County Development Plan 2022-2028 and the proper planning and sustainable development of the area.
2. Having regard to the failure of the applicant: a) To submit sufficient detail with regard to the proposed Wastewater Treatment System, specifically a site-specific characterisation from, schematic cross section of the proposed WWTS and failure to demonstrate compliance with the minimum size requirements of 0.2ha for a site served by a WWTS and well and; b) To demonstrated that adequate sightlines can be achieved at the site entrance onto the R759 public road; It is considered that the proposed development in the absence of such detail would be contrary to the requirements of the County Development Plan, prejudicial to public health and could result in traffic hazard. The proposed development would therefore be contrary to the proper planning and sustainable development of the area.

Having regard to: a) The constrained nature of the site and its proximity to existing residential properties; b) The density, scale, height and massing of the proposed mixed-use development relative to the size and context of the site resulting in a development which would be visually inconsistent with the established pattern of development in the area; c) The proximity, height and bulk of the proposed development in relation to adjacent properties, which would have an overbearing impact on these properties; d) The loss of natural sunlight to the existing properties and lack of sufficient direct sunlight to the proposed development; e) The provisions of the Bray Municipal District Local Area Plan 2018, in particular Objective BT3, which provides that ‘Generally, a height of 4 storeys (including ground floor) will be considered appropriate in the Bray ‘town centre’ zone, irrespective of adjoining property heights. However, the Council may permit heights above this, where the specific context of the site and the design of the building allow it (for example where additional storeys are set back from street frontage).’ It is considered that the proposed development would be incongruous, disproportionate, and out of character with its surrounding context in terms of its density, height, scale and massing, would have an overbearing impact on adjoining properties and would have a negative dominant impact in this area. The proposed development would be contrary to the provisions of the Wicklow County Development Plan 2022 – 2028 and the Bray Municipal District Local Area Plan 2018 (Objective BT3), would seriously injure the visual and residential amenities of property in the vicinity and would, therefore, be contrary to the proper planning and sustainable development of the area.

The application site is located within the 'Uplands Landscape' of the County, which is one of the areas that is 'afforded a high level of protection' under the Wexford County Development Plan 2022-2028. Under the requirements of Point 4, Table 4-6 of the Wexford County Development Plan 2022-2028, an applicant must never have previously owned a rural house to qualify for a new rural house in this type of rural area. The applicant in this instance has previously owned a rural house. Whilst exceptions to this requirement do exist, the applicant has failed to demonstrate compliance with any of these exceptions. The proposed development is therefore contrary to the Rural Housing Policy as set out in Section 4.9 and Table 4-6 of the Wexford County Development Plan 2022-2028 and would be contrary to the proper planning and sustainable development of the area if supported.

Retention permission is not sought for an access point which has already been constructed. The Planning Authority therefore cannot properly determine an application which does not fully and accurately describe the nature of the development on site and for which permission is sought.

1. The nature and extent of the proposed hardstanding and the stated use of the area for car parking.
2. The significant level of ground excavation required and design of the boundary treatment proposals.
3. The development location relative to an adjoining residential property. The Planning Authority is not satisfied that a clear and demonstrated need has been provided for the development proposed, in particular the requirement for the 2 way circulation route serving the proposed parking spaces. Furthermore, the Planning Authority is not satisfied that the development is visually acceptable for the site and would not have a negative impact on the amenity of the residential property that adjoins the site. The proposed development is considered contrary to the proper planning and sustainable development of the area.

‘Motor Sales Outlet’ use, defined in Appexdix 6 of the South Dublin County Development Plan 2022-2028 as ‘A building or part thereof or land used for the display and sale of motor vehicles, agricultural machinery and related equipment, ' is not permitted within areas subject to land use zoning objective 'RU', which applies to the subject site. The proposed development, for the change of use to Motor Sales Outlet with ancillary office cabin, and associated ancillary development, would thus be contrary to the ‘RU’ zoning objective of the subject lands, which seeks ‘To protect and improve rural amenity and to provide for the development of agriculture’, the provisions of the South Dublin County Development Plan 2022- 2028, and to the proper planning and sustainable development of the area. Please note that upon receipt of this document you are obliged to remove the planning site notice in compliance with Article 20 of the Planning and Development Regulations 2001 (as amended). Please note that any valid submissions or observations received in accordance with the provisions of the Planning and Development Regulations 2001 (as amended), have been considered in the determination of this application. Register Reference: SD26A/0133W.

Section 42(1) of the Planning and Development Act 2000-2023 states that, on application and subject to subsection (8), a planning authority shall extend the appropriate period by such additional period not exceeding five years as it considers requisite to enable the development to be completed, provided that the authority is satisfied that the development commenced before expiration of the appropriate period, substantial works were carried out pursuant to the permission during that period, and the development will be completed within a reasonable time. The development to which the permission relates has not commenced nor have substantial works been carried out on site. Therefore, the application to extend the appropriate period is not considered to be in accordance with Section 42(1) of the Planning and Development Act 2000-2023.

1. Having regard to the state of the existing structure on the site, which has fallen into a ruinous state and in this regard, the former residential use is considered to have been abandoned, the proposed development, which comprises the demolition of the existing structure and replacement of same with a new dwelling, is not considered to come within the scope of Objective HO O22 Refurbishment/Replacement of Traditional Rural Dwellings of the Limerick Development Plan 2022-2028 as the existing structure to be refurbished/replaced must still be a dwelling. On this basis the proposal would not comply with the requirements of Objective HO O22 of the Limerick Development Plan 2022-2028 and would be contrary to the proper planning and development of the area.
2. Having regard to the nature of the proposal which seeks the provision of an additional dwelling, the proposed development would result in the intensification of an existing direct access to a national road (N69) at a point where the speed limit of 100km/h applies and the traffic turning movements generated by the proposed development would interfere with the safety and freeflow of traffic on the adjoining road. The proposed development would therefore be contrary to Objective TR 039 (National Roads) of the Limerick Development Plan 2022-2028.
3. In the absence of a full site suitability assessment and proposals for a new wastewater treatment system on the site the Planning Authority cannot be satisfied that the proposed development would not be prejudicial to public health. Therefore, this proposal would be contrary to Objective IN O11 of the Limerick Development Plan 2022-2028, which requires waste water treatment systems to be in accordance with the EPA Code of Practice for Domestic Waste Water Treatment Systems 2021 and would be contrary to the proper planning and development of the area.

1. Having regard to the provisions of Section 13.11.1 (Domestic Garage/Shed/Store Development) of the Leitrim County Development Plan 2023-2029, it is considered that the proposed retention and completion of the detached garage structure, by reason of its excessive scale, form, design, siting and external finish, fails to constitute a subordinate ancillary domestic structure associated with, or incidental to the enjoyment of, a dwelling house but rather for a commercial / light industrial use. If permitted, the development would set an undesirable precedent for the provision of similarly disproportionately large structures on unzoned lands without any association to an existing domestic or agricultural use to which the structure would be ancillary to. The subject development is therefore contrary to the provisions of Section 13.11.1 of the Leitrim County Development Plan 2023-2029 and contrary to the proper planning and sustainable development of the area.
2. The Planning Authority notes that the structure is located within the original curtilage of Tullaghan House, a protected structure (Record of Protected Structures Ref. No. 129), and is situated in close proximity to the protected structure, fronts onto the N15 National Primary Route and occupies a highly prominent position within views available from the public realm. Owing to its siting, scale, industrial appearance and visual prominence, the development is readily perceived as forming part of the setting and curtilage of Tullaghan House and introduces an intrusive and discordant feature into a sensitive historic environment. The development undermines the legibility, character and special interest of the protected structure and erodes the quality of its setting, which forms an integral element of its heritage significance. The subject development therefore fails to respect, conserve and enhance the character and setting of this protected structure and is contrary to BH POL 1, which seeks to protect protected structures and their special character, and BH POL 4, which seeks to ensure that development within the curtilage or attendant grounds of a protected structure respects the protected structure and its setting, as set out in the Leitrim County Development Plan 2023-2029. The subject development would, therefore, be contrary to the proper planning and sustainable development of the area and would materially diminish the architectural heritage value of Tullaghan House and its attendant grounds.

1. Having regard to the elevated and sloping nature of the site, the significant fall in levels across the site, the extent of site regrading and modification of existing ground levels required to facilitate the proposed development, together with the provision of a proposed raised percolation area and associated engineering works, the Planning Authority considers that the proposal would result in an excessive and unacceptable alteration of the natural topography of the site. The proposal would represent an overly engineered form of development which would adversely affect the rural character and visual amenities of the area. Accordingly, the proposed development would be contrary to the proper planning and sustainable development of the area and to the provisions of the Galway County Development Plan 2022-2028.
2. The Planning Authority is not satisfied that a safe and satisfactory vehicular access can be provided to serve the proposed development as satisfactory sightlines have not been demonstrated. Furthermore, the significant scale of roadside boundary intervention required would negatively impact the public road and vulnerable road users. Accordingly, it is considered that if permitted as proposed, the development would endanger public safety by reason of traffic hazard, obstruction of road users or otherwise and would be contrary to Policy Objective NNR2 and DM Standards 28 and 33a of the Galway County Development Plan 2022-2028 and would be contrary to the proper planning and sustainable development of the area.
3. The Planning Authority notes that the proposed development would necessitate the removal of established roadside hedgerows, mature trees, roadside vegetation and existing drainage features along the site frontage. The Planning Authority considers that these features form an important biodiversity, landscape and rural character resource and that their removal would materially alter the established character of this section of road. Accordingly, the proposed development would be contrary to DM Standard 47 and Policy Objective TWHS1 of the Galway County Development Plan 2022-2028 and would be contrary to the proper planning and sustainable development of the area.
4. Having regard to the proposed proprietary wastewater treatment system and raised percolation area, the location of the site within a Regionally Important Karstified Aquifer (Rkc) of Extreme Groundwater Vulnerability, the proximity of the Ballygar Stream, the River Suck catchment and the River Suck Callows SPA (Site Code 004097), together with the inconsistencies identified within the submitted Site Characterisation documentation and the absence of sufficient information regarding the hydrological setting of the site and receiving environment, the Planning Authority is not satisfied that the safe and sustainable disposal of domestic effluent has been satisfactorily demonstrated or that the hydrological characteristics of the site have been adequately assessed. Therefore, the Planning Authority cannot exclude the possibility of likely significant effects on the River Suck Callows SPA, either individually or in combination with other plans and projects, including the adjoining planning application Pl. Ref. 2660939. Accordingly, the proposed development would be contrary to Policy Objectives NHB1, NHB3, WR1, WS7, WW6 and DM Standard 50 of the Galway County Development Plan 2022-2028 and would be contrary to the proper planning and sustainable development of the area.
5. In the absence of any details submitted on file relating to water supply to serve the dwelling, it is considered that the development if permitted as proposed would pose a serious risk to the public health of persons occupying this dwelling house, would be contrary to Policy Objective WS 4 and DM Standard 36 of the Galway County Development Plan, 2022-2028 and would be contrary to the proper planning and sustainable development of the area.

1. Having regard to the elevated and sloping nature of the site, the significant fall in levels across the site, the extent of site regrading and modification of existing ground levels required to facilitate the proposed development, together with the provision of a proposed raised percolation area and associated engineering works, the Planning Authority considers that the proposal would result in an excessive and unacceptable alteration of the natural topography of the site. The proposal would represent an overly engineered form of development which would adversely affect the rural character and visual amenities of the area. Accordingly, the proposed development would be contrary to the proper planning and sustainable development of the area and to the provisions of the Galway County Development Plan 2022-2028.
2. The Planning Authority is not satisfied that a safe and satisfactory vehicular access can be provided to serve the proposed development as satisfactory sightlines have not been demonstrated. Furthermore the significant scale of roadside boundary intervention required would negatively impact the public road and vulnerable road users. Accordingly, it is considered that if permitted as proposed, the development would endanger public safety by reason of traffic hazard, obstruction of road users or otherwise and would be contrary to Policy Objective NNR2 and DM Standards 28 and 33a of the Galway County Development Plan 2022-2028 and would be contrary to the proper planning and sustainable development of the area.
3. The proposed development would necessitate the removal of established roadside hedgerows, mature trees, roadside vegetation and existing drainage features along the site frontage. The Planning Authority considers that these features form an important biodiversity, landscape and rural character resource and that their removal would materially alter the established character of this section of road. Accordingly, the proposed development would be contrary to DM Standard 47 and Policy Objective TWHS1 of the Galway County Development Plan 2022-2028 and would be contrary to the proper planning and sustainable development of the area.
4. Having regard to the proposed proprietary wastewater treatment system and raised percolation area, the location of the site within a Regionally Important Karstified Aquifer (Rkc) of Extreme Groundwater Vulnerability, the proximity of the Ballygar Stream, the River Suck catchment and the River Suck Callows SPA (Site Code 004097), together with the inconsistencies identified within the submitted Site Characterisation documentation and the absence of sufficient information regarding the hydrological setting of the site and receiving environment, the Planning Authority is not satisfied that the safe and sustainable disposal of domestic effluent has been satisfactorily demonstrated or that the hydrological characteristics of the site have been adequately assessed. Therefore, the Planning Authority cannot exclude the possibility of likely significant effects on the River Suck Callows SPA, either individually or in combination with other plans and projects, including the adjoining planning application Pl. Ref. 2660939. Accordingly, the proposed development would be contrary to Policy Objectives NHB1, NHB3, WR1, WS7, WW6 and DM Standard 50 of the Galway County Development Plan 2022-2028 and would be contrary to the proper planning and sustainable development of the area.
5. In the absence of any details submitted on file relating to water supply to serve the dwelling, it is considered that the development if permitted as proposed would pose a serious risk to the public health of persons occupying this dwelling house, would be contrary to Policy Objective WS 4 and DM Standard 36 of the Galway County Development Plan, 2022-2028 and would be contrary to the proper planning and sustainable development of the area.

1. It is considered that the development as proposed will overly intensify the scale of built development in the immediate area and is not in keeping with much of the surrounding built up established footprint on these lands zoned for Residential Existing use. The proposed density significantly exceeds the density as set out in the Core Strategy and DM Standard 2 (Table 15.1 Residential Density) of the Galway County Development Plan 2022 -2028 and also exceeds the density range set out in the Sustainable and Compact Settlement Guidelines for Planning Authorities. The Planning Authority considers that the density as proposed is too high as an appropriate incremental infill residential development having regard to prevailing development consisting primarily of one -off dwellings surrounding the site to the south, north and east. The development as proposed is not considered appropriate infill residential development in accordance with the principles of good design and protection of existing residential amenity and therefore, contrary to DM Standard 2, Policy Objective BMSP1, Policy Objective GCMA4, Policy Objective PM8 and Policy Objective UL1 of the Galway County Development Plan 2022-2028, and accordingly, to grant the development as proposed, would be contrary to the principles of the proper planning and sustainable development of the area.
2. In the absence of satisfactory demonstration of required setback of the adjoining northern front boundary behind the sightline envelope, in conjunction with lack thereof of neighbouring consent, this restricted visibility splay remains outside the control of applicant and therefore, sightlines for the proposed development are not deemed in accordance with DM Standard 28 of the Galway County Development Plan 2022 -2028. In addition, the pr oposed visibility splay from 2.0m x -distance set back further highlights the visibility constraints whereby vehicular movements are expected to encroach into the public road to seek forward visibility. The horizontal and vertical envelope of visibility at 2.0m set back further remains restricted as shown to traverse third -party lands in a northern direction. Accordingly, it is considered that if permitted as proposed that the development would endanger public safety by reason of traffic hazard, or obstruction of road users or otherwise, would be contrary to Policy Objective NNR2, DM Standard 28, and DM Standard 33a of the Galway County Development Plan 2022-2028, and therefore would be contrary to the proper planning and sustainable development of the area.
3. Whilst having regard to the rural road context, the scale of established entrances, generation of overlapping visibility splays in conjunction with un -demarcated carriageway road marking from northern approaches and whereby cumulatively the potential of traffic conflicts arise, in particular to vulnerable road users safety, it is considered that if permitted as proposed that the development would endanger public safety by reason of traffic hazard, or obstruction of road users or otherwise, contrary to Policy Objective NNR2, DM Standard 28, and DM Standard 33a of the Galway County Development Plan 2022 -2028, and would therefore be contrary to the proper planning and sustainable development of the area.

The proposed extension at attic level in terms of the scale, mass and design and height would be considered overbearing and excessive, dominant upon the roof slopes of the dwelling, visually obtrusive and would negatively impact upon the level of residential amenities of the surrounding area, and would contravene Objective SPQHP41 and SPQHO45 and Section 14.10.2.5 of the Fingal Development Plan 2023-2029. Furthermore, the proposed development would fail to integrate appropriately and would be seriously injurious to the amenities of the surrounding properties, and contravene the RS zoning objective for the area and as such would be contrary to the proper planning and sustainable development of the area and would set an undesirable precedent for similar type development.

The proposed development by reason of its excessive bulk, scale and design would dominate the rear elevation of the subject property, contrary to Section 14.10.2.5, Policy SPQHP41 and Objective SPQHO45 of the Fingal Development Plan 2023-2029, would seriously injure the visual amenity, character and appearance of the host dwelling, and represents a hugely unsympathetic design feature within the wider Skerries Architectural Conservation Area (ACA). The development is also contrary to Policies HCAP14 & SPQHP41 of the Fingal Development Plan 2023 – 2029, and therefore contrary to the proper planning and sustainable development of the area.

Having regard to the location of the proposed development within the Root Protection Area of existing trees (No.957 & 955), the failure to demonstrate that the proposed development will not adversely impact on the existing trees, and the lack of appropriate design proposals provided to overcome the above issues, the Planning Authority considers that the proposed development would have a detrimental impact on the existing trees which would not be appropriate in accordance with the Objectives DMSO125 and DMSO126 of the Fingal Development Plan 2023-2029. If permitted, the development would establish an undesirable precedent for similar forms of inappropriate development which would be detrimental to the amenities and general character of the area. The development is therefore contrary to the proper planning and sustainable development of the area

The proposed amendment, which would significantly extend café opening hours into the late evening and early morning throughout the week beyond those currently permitted, would generate additional noise and disturbance that would significantly undermine the residential amenities of the area within which the commercial operation is located. This would be contrary to the objectives of the Z1 zoning that governs the area and would seriously injure the amenities of property in the vicinity. The development would therefore, by itself and by virtue of the precedent it would set for similar undesirable developments in the vicinity, be contrary to the proper planning and sustainable development of the area.

The proposed development would be situated on an elevated, exposed coastal hillside site within a High Value Landscape area as designated under the Cork County Development 2022-2028. It is the Council’s stated objective under RP 5-22, GI 14-9, GI 14-12 and GI 14-13 of the Cork County Development Plan 2022 to ensure that new development meets a high standard of siting and design, can fit appropriately into the landscape, does not impact on the skyline/ridgelines and to protect views from scenic routes and of unspoilt mountains and retain the open and rural character of the area. Having regard to the elevated and exposed nature of the site, it is considered that the proposed development by reason of siting, height, scale and overall design, would result in a visually obtrusive feature on the landscape which would interfere with the skyline particularly when viewed from the lower public road to the south east which is also a designated Scenic Route (S85) and would diminish the quality of views gained from the protected nearby scenic route and would also significantly detract from the natural beauty of the area and would further erode the essential rural character of the area. The proposed development would therefore contravene materially policy objectives RP 5-22, GI 14-9, GI 14-12 and GI 14-13 of the Cork County Development Plan 2022 and would be contrary to the proper planning and sustainable development of the area.