Latest refusal decisions.

1. Having regard to the planning history of the site, it appears to the Planning Authority that the proposed development relates to a site where there are existing unauthorised developments and uses. The proposal to retain specific unauthorised elements on the site would facilitate the consolidation and intensification of the unauthorised uses. Accordingly, it is considered that the Planning Authority is precluded from granting permission for the proposed development in such circumstances.
2. In accordance with the provisions of Chapter 10 of the Abbeyfeale Local Area Plan 2023-2029, the proposed development is located on lands zoned ‘Local Centre’ whereby vehicle servicing, maintenance and repairs uses have been identified as generally not permitted and incompatible with the zoning objective. Therefore, the proposed development materially contravenes the zoning provisions of the Local Area Plan, and would be contrary to the proper planning and sustainable development of the area.
3. The development site is located c.62m from the River Feakle and the Lower River Shannon Special Area of Conservation (site code 002165). As no details have been submitted in relation to surface water run off and airborne emissions from dust and spray from the development to be retained, and in the absence of an Appropriate Assessment Screening Report, the Planning Authority cannot be satisfied that the proposed development individually or in combination with other plans or projects, would not result in adverse effects on the integrity of the Lower River Shannon SAC in view of the sites conservation objectives. The development would therefore be contrary to Objective EH O1 Designated Sites and Habitats Directive and the proper planning and sustainable development of the area.
4. On the day of inspection, it appeared that there is an existing garage/car sales or other such business operating on the site. No details of same and all other operations/businesses on the overall site have been submitted. In the absence of comprehensive documentation and drawings confirming all operations/businesses on the overall site and identifying associated facilities and services, the Planning Authority cannot be satisfied that the development to be retained on the site can be accommodated in terms of access, car parking, surface water and wastewater treatment. The development would therefore be contrary to the proper planning and sustainable development of the area.
5. In the absence of comprehensive information in relation to noise, dust and chemical and hydrocarbon storage areas (including bunding), dust suppression apparatus, oil interception apparatus and storm and foul water drainage infrastructure on site, and a Noise Impact Assessment Report including details of projected noise levels at the nearest noise sensitive locations and associated mitigation measures, the Planning Authority cannot be satisfied that the development proposed to be retained would not impact negatively on adjacent residents and the area in general. The development would therefore be contrary to Objective HO O3 Protection of Existing Residential Amenity of the Limerick Development Plan (2022-2028) and the proper planning and sustainable development of the area.

The site of the proposed development is located within the Area of Strong Urban Influence as defined in the Limerick Development Plan 2022-2028. Based on the absence of documentary evidence submitted with the application to demonstrate compliance with housing policy and specifically evidence of living in the local area for at least 10 years, it is considered that the applicant does not come within the scope of the housing need criteria as set out in Objective HO O20 Rural Areas under Strong Urban Influence of the Development Plan, and as such, the proposed development would materially contravene the objectives of the Limerick Development Plan 2022-2028 in relation to rural settlement and be contrary to the proper planning and sustainable development of the area.

The proposed development would be prejudicial to public health because it would appear that the site in underlain by a high -water table which will not allow wastewater to be effectively treated and dispersed without adverse impact on the environment and public health, notwithstanding the proposed use of a proprietary wastewater treatment system. Therefore, this proposal would be contrary to Objective IN O11 of the Limerick Development Plan 2022 -2028, which requires wastewater 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. On the basis of the planning history of the site, it appears to the Planning Authority that the proposed development relates to a site where there are existing unauthorised developments. The proposal for a change of use of an existing garden store ancillary to the existing dwelling to a commercial home -base business, would facilitate the consolidation and intensification of the unauthorised development on the site. Accordingly, it is considered that the Planning Authority is precluded from granting of permission for the proposed development in such circumstances.
2. In accordance with the provisions of Chapter 10 of the Newcastle West Local Area Plan 2023 - 2029, the proposed development is located on lands zoned ‘Existing Residential’ whereby Hair & Beauty Salons uses have been identified as generally not permitted and incompatible with the zoning objective. Therefore, the proposed development materially contravenes the zoning provisions of the Local Area Plan, may give rise to an undesirable precedent of incompatible uses at this location, and would be contrary to the proper planning and sustainable development of the area.
3. In the absence of comprehensive information including a Traffic Assessment, the Planning Authority cannot be satisfied that the development as proposed would not adversely impact on traffic safety and the residential amenity of adjacent residents and the a rea in general. The development would therefore be contrary to Objective HO O3 Protection of Existing Residential Amenity of the Limerick Development Plan 2022 -2028 and the proper planning and sustainable development of the area.

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.

Refusal reason evidence not yet indexed.

The proposed development for retention, which involved the conversion of an existing living room to a bedroom, would result in a four -bedroom dwelling with an inadequate provision of communal living accommodation and would materially diminish the residential amenity of future occupants. The loss of a principal living space would significantly reduce the functionality and liveability of the dwelling and would result in a substandard form of reside ntial accommodation that fails to provide an appropriate balance between living and sleeping accommodation. The proposal does not meet the standards set out in the Quality Housing for Sustainable Communities (2007), and is contrary to Objective HO O3 and section 11.4.2.2 of the Limerick Development Plan 2022 - 2028, which seeks to secure a high standard of residential amenity and high - quality sustainable residential development for existing and future occupants The proposed development would therefore be co ntrary to the proper planning and sustainable development of the area.