Latest refusal decisions.

Having regard to the failure of the Applicant to demonstrate satisfactory evidence in relation to the planning status for the duplication of entrances on site, which was not permitted under the parent permission Pl. Ref. 95/1227, and which is not subject t o retention under the current application, the Planning Authority considers that the proposed development would if permitted and in the absence of demonstratable contrary evidence, perpetuate and intensity existing unauthorised development on site. Accordingly, to grant the development as proposed would therefore be contrary to the principles of the proper planning and sustainable development of the area.

The existing building is an example of a traditional building/cottage and is of architectural significance, adding to the streetscape and history of this area. The proposed removal of the existing roof and the erection of a flat roof first floor extension to this existing cottage would radically alter the building ’s appearance and would therefore be contrary to the Galway City Development Plan 2023 – 2029, Section 8.4, Vernacular Heritage, which states ‘In addition to structures of special interest included in the RPS and designated ACAs, the city contains a wide variety of structures and features, that contribute to local heritage and the distinctive character of the city. That character can be extensive ly diminished by their loss through demolition and replacement. The Council will encourage the retention and conti nued use of such structures recognising their contribution to local identity and a continuing sense of place”, and also contrary to Policy 8.3 which requires the ‘ Encourage the conservation and rehabilitation, renovation and reuse of existing structures that contribute to the character of the city’, and if permitted, would adversely impact upon the urban character and visual amenity of the surrounding 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.

Refusal reason evidence not yet indexed.

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.

Refusal reason evidence not yet indexed.

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.

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.

Having regard to proposed development access point onto the local public road network, whilst considering the restricted exit and entry visibility splays including the restricted intervisibility owing to the sub optimum horizontal and vertical alignment on each western and eastern approach as demarcated by the continuous white line at midpoint of road. It is therefore considered traffic conflicts will arise owing to the prevailing speeds of the road, whilst given the additional stopping and turning movements that will arise thus exacerbating the potential of road safety issues at this location. Furthermore, it is considered the significant scale of roadside intervention that will be required, will negatively impact the public road and vulnerable road users’ safety. It is considered that if permitted as proposed that the development would endanger public safety by reason of traffic hazard, obstruction of road users or otherwise, contrary to policy objectives NNR 2, and DM Standards 28, DM standard 33a of the Galway County Development Plan 2022-2028.

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.

Refusal reason evidence not yet indexed.

Refusal reason evidence not yet indexed.

Refusal reason evidence not yet indexed.

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. The existing building, for which demolition is proposed, is of architectural significance in the streetscape, history and urban fabric of Salthill, and is worthy of retention. The demolition of such a building would be contrary to the Galway City Development Plan 2023-2029, Section 8.4, Vernacular Heritage, which recognises the contribution of structures outside the Record of Protected Structures and designated Architectural Conservation Areas to local heritage, identity and a continuing sense of place, and also contrary to Policy 8.3 which encourages the conservation, rehabilitation, renovation and reuse of existing structures that contribute to the character of the city. If permitted, the development would adversely impact upon the historic built environment of the city and its urban character and would diminish the visual amenity of the surrounding area.
2. It is a policy of the development plan to protect and enhance existing areas ensuring good urban design quality, highlighted in Chapters 3 and 8 of the Galway City Development Plan 2023-2029, thereby protecting the existing form, character and setting of existing housing. The proposal to demolish an existing historic dwelling and insert a radically different design into an area which contains established and mature housing designs would, by its design, scale, materials and massing, be out of character with the prevailing architectural symmetry established within this mature housing estate. Furthermore, if permitted, it would be a visually obtrusive feature, have a poor contextual reference, detract from the existing built form at this location and within the wider housing estate, contravene the development plan, seriously injure residential amenities and depreciate the value of property in the area, and would be contrary to the proper planning and sustainable development of the area.

Refusal reason evidence not yet indexed.

1. The subject site is occupied by an existing thatched cottage which is recorded on the National Inventory of Architectural Heritage (NIAH 30410610). It is considered that the development as proposed involves interventions that are not reversible and destroy historic fabric, represents a loss of Architectural Heritage that is unacceptable and would be contrary to Policy Objectives AH 1, AH 3 & AH 6, and DM Standard 58 of the Galway County Development Plan 2022-2028. Therefore, to grant permission for the proposed development would establish an undesirable precedent for similar future developments in the area and therefore would be contrary to the proper planning and sustainable development of the area.
2. The proposed development, by reason of its scale, massing and design would represent a development which cannot be considered subordinate to the existing dwelling house. The development is therefore contrary to DM standard 4 of the Galway County Development Plan 2022 -2028, would set an undesirable precedent for similar future development and would be contrary to the proper planning and sustainable development of the area.
3. Based on the information submitted and the plans and particulars received, the achievable sightlines from the site entrance onto the national road have not been demonstrated. Therefore, the Planning Authority is not satisfied with the required sightlines can be achieved at this location and to grant the development as proposed would be contrary to DM Standard 28 and DM standard 33(a) of the Galway County Development Plan 2022-2028 and would endanger public safety by reason of traffic hazard, obstruction of road users, or otherwise, and therefore would be contrary to the proper planning and sustainable development of the area.
4. The applicant has not included any information on the condition or capacity of the existing septic tank proposed to serve the proposed development. In the absence of such information, the planning authority is not satisfied that wastewater arising from the proposed development can be satisfactorily treated and disposed of on site. Accordingly, to grant the proposed development would be prejudicial to public health, contrary to Policy Objective WW6 of the Galway County Development Plan 2022 – 2028 and Policy Objective NHB 1, NHB 2 and NHB 3 and therefore, would be contrary to the proper planning and sustainable development of the area.
5. The applicant has not included any information on the existing garage to be demolished or the proposed garage to be constructed. In the absence of such information, the planning authority cannot carry out a fulsome evaluation. Accordingly, to grant the proposed development would be contrary to Development Management Standard 6 of the Galway County Development Plan 2022 – 2028 and therefore, would be contrary to the proper planning and sustainable development of the area.

Refusal reason evidence not yet indexed.

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.