Latest refusal decisions.

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.

Section 42(1)(a)(i)(III) of the Planning and Development Act 2000 (as amended), for an Extension of the Appropriate Period stipulates, amongst other criteria, that the Planning Authority must be satisfied that the development to which the permission relates was commenced and that substantial works were carried out before the expiration of the appropriate period. The development to which the permission relates has not commenced and substantial works have therefore not been carried out. The Planning Authority is thus precluded from extending the appropriate period beyond what was permitted under Ref. 20/660.

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.

The applicant has failed to identify the location of the well to serve the poultry house and has not demonstrated the separation distance between the proposed water supply and the proposed effluent/soiled water storage facilities. In the absence of this information, the Planning Authority is unable to assess the suitability of the proposed water supply arrangements or adequately assess the potential risk to groundwater quality. The Planning Authority is therefore not satisfied that the proposed development can be accommodated without risk to water resources and groundwater and, accordingly, the proposed development would be contrary to the proper planning and sustainable development of the area and to Policy Objective ENV 21 of the Louth County Development Plan 2021–2027 (as varied).

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.