Latest refusal decisions.

Refusal reason evidence not yet indexed.

Refusal reason evidence not yet indexed.

1. The proposed development is accessed off the L-16182, where sightlines of 90 metres in both directions are required for safe vehicular entry/exit. It is a policy (RD POL 38) of the Meath County Development Plan 2021 – 2027, ‘”To ensure that all development accessing off the county’s road network is at a location and carried out in a manner which would not endanger public safety by way of a traffic hazard”. The applicant has not satisfactorily indicated unobstructed forward visibility stopping sightlines in both directions and has therefore failed to demonstrate the required sightlines from the proposed site entrance. The proposed development would be injurious to public safety by reason of a traffic hazard and would establish an undesirable future precedent which would be contrary to the proper planning and sustainable development of the area.
2. It is the policy (RD POL 9) of the Meath County Development 2021 – 2027, to require “all applications for rural houses to comply with the ‘Meath Rural House Design Guide”. Whilst the design of the proposed dwelling is generally acceptable to the Planning Authority, the proposed development by reason of its siting and lack of a robust landscaping and planting scheme fails to integrate with the character of the surrounding r ural 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 the aforementioned policy provisions of the Meath County Development Plan 2021- 2027 and thereby contrary to the proper planning and sustainable development of the area.
3. It is an objective (HER OBJ 33) of the Meath County Development Plan 2021 - 2027, ‘ ensure an Appropriate Assessment in accordance with Article 6(3) and Article 6(4) of the Habitats Directives (92/43/EEC)’. Having regard to the location of the site adjacent to the Delvin River (Delvin_040), which flows north- easterly along the eastern boundary of the subject site and which provides a hydrological connection to the North-West Irish Sea SPA (Site Code: 004236), the Planning Authority is not satisfied, on the basis of the information submitted, that the proposed development, either individually or in combination with other plans or projects, would not be likely to have a significant effect on a European site. In the absence of sufficient information to enable the Planning Authority to undertake an Appropriate Assessment, and having regard to the potential for impacts arising from surface water pollution, habitat disturbance and the spread of invasive species, the proposed development would be contrary to HER OBJ 33 of the Meath County Development Plan 2021–2027 and the proper planning and sustainable development of the area.
4. It is an objective (INF OBJ 14) of the Meath County Development Plan 2021 – 2027, “To co-operate with the EPA and other authorities in the continued implementation of the EU Water Framework Directive”. The subject site is adjacent to the Delvin River (Delvin_040), which is classified by the EPA as an ‘At Risk’ water body with a ‘Poor’ Ecological Status and is located within the Nanny-Delvin hydrometric area (IE_EA_08D010400). Having regard to the absence of a hydrological assessment and the inadequacy of the surface water management proposals submitted, the Planning Authority is not satisfied that the proposed development would not result in a deterioration of the ecological status of the water body or impede the achievement of the Water Framework Directive objective of attaining ‘Good Status’. The proposed development would therefore be contrary to INF OBJ 14 of the Meath County Development Plan 2021–2027 and would be prejudicial to the proper planning and sustainable development of the area.
5. It is a policy (RD POL 48) of the Meath County Development Plan 2021 – 2027, “To ensure all septic tank/proprietary treatment plants and polishing filter/percolation areas satisfy the criteria set out in the Environmental Protection Agency ‘Code of Practice Domestic Waste Water Treatment Systems (Population Equivalent ≤10)’ (2021) (or any other updated code of practice guidelines) in order to safeguard individual and group water schemes”. The Site Characterisation Report submitted for the proposed wastewater treatment system has failed to identify the location of a waterbody (Delvin_040) flowing along the eastern boundary of the application site in addition to a wetland area indicated as comprising sediment (Alluvium) which is also located on the eastern boundary of the development. As such, the applicant has failed to demonstrate that wastewater generated by the proposed development can be treated on site and would not be compliant with the 2021 EPA Code of Practice for Domestic Wastewater Treatment Systems (PE≤10). The development would therefore be prejudicial to public health and would be contrary to the proper planning and sustainable development of the area.

1. Objective SSO 22 of the Monaghan County Development Plan 2025-2031 seeks “To apply the precautionary principle in relation to development on lands identified as being at risk of flooding and to restrict development to uses that are compatible to the level of flood risk unless supported by a site-specific flood risk assessment and development management justification test”. Policy FRP 1 states “Proposals for developments shall comply with Section 15.22.8 of the Monaghan County Development Plan 2025-2031”. Section 15.22.8 states “Monaghan County Council will restrict development in areas susceptible to flooding except where: a) The proposed development can be justified on strategic grounds. b) The proposed development has addressed the flooding concerns which exist. c) The flood risk can be managed to an acceptable degree and without increasing flood risk beyond the site itself. d) Appropriate and detailed mitigation measures can be implemented to remove/minimise flood effects. The proposal has failed to adequately demonstrate how the potential for flooding from prolonged rainfall events can be managed to an acceptable degree and without increasing flood risk beyond the site itself, and as a result there is a risk that increased water levels would ultimately occur on third party lands as a direct consequence of the infilling of the site area. Consequently, to permit the development as proposed would be contrary to Objective SSO 22 and Policy FRP 1 of the Monaghan County Development Plan 2025-2031 and thus would be contrary to the proper planning and sustainable development of the area.
2. Policy ILP 1 seeks to ensure that ‘Development proposals for infilling of lands shall comply with Section 15.32 of the Monaghan County Development Plan 2025 – 2031, and that development proposals for the infilling of lands with inert construction and demolition waste will only be acceptable where it is demonstrated to the satisfaction of the Planning Authority that there will be no adverse impact upon surface and ground waters, or upon areas which are at risk of flooding. Proposals for the prevention and mitigation of any perceived impacts shall satisfy the targets of any Waterbody and Catchment Management Plans developed by Group Water Schemes. Proposals for infilling of lands at risk of flooding will be required to be accompanied by a site-specific Flood Risk Assessment in accordance with Section 15.22.8 of Chapter 15 of this Development Plan. The proposal has failed to adequately demonstrate how the proposed fill materials will be accepted, stored or utilised, or to determine the total volume of both types of material to be accepted, and therefore, the proposal has not demonstrated that the there will be no adverse impact upon surface and ground waters, or upon areas that are at risk of flooding. Consequently, to permit the development as proposed would be contrary to Policy ILP 1 of the Monaghan County Development Plan 2025-2031 and thus would 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 proposed domestic storage shed would contravene Section 1.5.10.9. Vol 6. of the Kerry County Development Plan 2022-2028 which indicates the maximum floor area for sheds/garages is 70sqm. The development itself, and by reason of the precedent that a grant of permission would set, would seriously injure the residential amenities of the area and would be contrary to the proper planning and sustainable development of the area.
2. The proposed development at this location, by virtue of its design and scale would be visually obtrusive and would contravene Objectives KCDP 11-77 and KCDP 11-78 of the Kerry County Development Plan 2022-2028, which is to protect the landscapes of the County by ensuring that any new developments do not detrimentally impact on the character, integrity, distinctiveness or scenic value of their area or materially effect on views designated in the Development Plan. The proposed development would, therefore, be contrary to the proper planning and sustainable development of the area.

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.

Refusal reason evidence not yet indexed.

1. The subject site is within the curtilage and the attendant grounds of Rockville, which is a designated Protected Structure (RPS No. WA30319) in the Waterford City & County Development Plan 2022-2028 and adjoins Newtown Villa which is designated as a Protected Structure (RPS No. WA730786), and WA721021 Cul na Grein, 2 Newtown Villas. The submitted Architectural Heritage impact Assessment is of limited scope and fails to consider the impact of the proposed development on protected structures in the vicinity of the site, outside Rockville, RPS No. WA30319. It is considered that the location, scale and height of the proposed residential dwellings, and their relationship with adjoining protected structures, in particular Rockville, RPS No. WA30319, would have a significant negative impact on the character and setting of those protected structures, seriously detracting from the character and setting of same and would therefore contravene Policy Objectives BH 01 Record of Protected Structures, BH 06 Architectural Heritage Impact Assessment, BH 11 Maintaining and Enhancing Special Character and BH 12 Settings and Vistas of the Waterford City & County Development Plan 2022-2028, and would be contrary to the proper planning and sustainable development of the area.
2. Having regard to the site location, context, setting and close proximity to Rockville, RPS No. WA30319, the Planning Authority considers the proposed development to be overly dominant and not subordinate to the adjoining Protected Structures, in particular, Rockville, RPS No. WA30319. It is therefore considered that the proposed development would constitute overdevelopment of the site, with insufficient set back and separation distance from the existing protected structure, negatively impacting on and seriously detracting from the amenities of same and would therefore be contrary to the proper planning and sustainable development of the area.
3. There are a number of mature trees present on the subject site, which are listed for their amenity value in Appendix 11 of the Waterford City & County Development Plan 2022 -2028 and form boundary planting to the attendant grounds of the protected structure, Rockville, RPS No. WA30319. In the absence of an arboricultural assessment to assess the impacts of construction and establishment of the proposed development on the Trees of Special Amenity Value, the Planning Authority cannot determine whether the prop osed development would result in loss of green infrastructure and amenity value on Newtown Road and the wider area. Furthermore the loss of such trees would also impact the setting of Rockville, RPS No. WA30319, which has not been considered in the Architectural Heritage impact Assessment submitted with the Planning Application. The proposed development would therefore contravene Policy Objectives BD 21, BD 23 and BD 24 of the Waterford City & County Development Plan 2022-2028 which seek to protect and enhance the amenity and biodiversity value of the County & City by minimising the loss or damage of existing trees, and seeking to assess the impact of development proposals on existing trees and would therefore be contrary to the proper planning and sustainable development of the area.

1. The proposed extension by reason of its scale, proportions and overall design concept and general design features is incapable of integrating with the existing dwelling. The proposed extension is neither subordinate in terms of scale nor complementary in terms of design to the existing dwelling and is therefore not in accordance with Section 12.8 (House Extensions) of the Roscommon County Development Plan 2022- 2028 and, if permitted, would set an undesirable precedent for similar types of development, would seriously injure the visual amenities and character of the area and would be contrary to the proper planning and sustainable development of the area.
2. The original traditional cottage is not visually apparent in the design proposal and no elements of the original cottage remain distinguishable. The extent of works proposed would result in the original structure being altered and subsumed into a design concept which is tantamount to a new dwelling. Having regard to this, the proposed development is contrary to Policy Objective PPH 3.18 of the Roscommon County Development Plan 2022-2028, which requires the sensitive refurbishment of existing vernacular dwellings, fails to comply with the policy position set out in Section 12.8 in respect of house extensions and in overall terms fails to accord with the design parameters for rural housing as set out in Section 12.7 (Rural House Design Considerations) of the Plan and the design guidance contained in the associated County Roscommon Rural Design Guidelines. The proposed development, if permitted would be contrary to the proper planning and sustainable development of the area.
3. Insufficient information has been provided to demonstrate that the proposed wastewater treatment system and percolation area is sufficient to serve the proposed development. In the absence of evidence of the adequacy of the proposed arrangement and demonstration of compliance with the requirements of the EPA Code of Practice Domestic Wastewater Treatment Systems (Population Equivalent ≤ 10) (2021), it is considered that the development has the potential to be injurious to public health and would therefore be contrary to the proper planning and sustainable development of the area.

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.

It is considered that the structures impact negatively on Ballyheigue Castle, a designated Protected Structure, Ref. No. RPS KY -21301401 14-1-A, and the Ballyheigue Castle walls which adjoin the proposed site. Furthermore, it is considered that the structures contravene Objectives BE-GO-04 & BE- GO -07 of the Listowel Municipal District Local Area Plan 2020-2026 and Objectives KCDP 8-40 and KCDP 8-50 of the Kerry County Development Plan 2022-2028. The development is, therefore, contrary to 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.

The applicant has not demonstrated that unobstructed sightlines of 90 metres to the nearside edge of the road, in accordance with TII document DN -GEO-03060, can be provided from the site entrance. The applicant has also not demonstrated that unobstructed forward visibility stopping sightlines of 90 metres, in accordance with TII document DN-GEO-03031 can be provided from the site entrance and therefore the proposed development would result in a traffic hazard. As such, the proposed development if permitted would contravene TII document DN-GEO-03031 and would constitute a traffic hazard at this location connecting to a local road L-34036 and would therefore be contrary to the proper planning and sustainable development of the area.

Having regard to the site characteristics, the results of the probe testing carried out and the site location in an area of extreme groundwater vulnerability, it has not been satisfactorily demonstrated that the subject site is suitable for the safe disposal of effluent in accordance with the requirements of the EPA Code of Practice: Domestic Wastewater Treatment Systems (P.E≤ 10) (2021). The proposed development would therefore be prejudicial to public health and contrary to the proper planning and sustainable development of the area.

Refusal reason evidence not yet indexed.

Refusal reason evidence not yet indexed.

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.

Refusal reason evidence not yet indexed.

1. The established and permitted use of the premises is as a hotel. Information received by the Planning Authority on the 16/06/2026 confirms that the premises is currently being used to accommodate persons seeking international protection and is not operating as a hotel. The planning status of this accommodation use has not been formally established. Whilst a Section 5 Declaration request has been submitted in respect of the use, that process remains ongoing and no determination has been made. Accordingly, to permit the retention of the development as proposed, to serve the accommodation use currently occurring on-site, would be contrary to the established and permitted hotel use granted under previous planning permissions. To permit the development as proposed would therefore be contrary to the proper planning and sustainable development of the area.
2. Having regard to the current use of the premises as accommodation for protected persons, the scale of accommodation provided, the rural location of the site, its separation from Carrickmacross and other settlement centres, the limited accessibility of services and facilities, and the reliance upon organised transport arrangements, the Planning Authority is of the opinion that the retention of the additional bedroom accommodation and associated alterations represents an unsustainable form of development in this rural location. The proposed development has not been demonstrated to comply with Policy WSP 1 and Section 15.10.8 of the Monaghan County Development Plan 2025-2031, which require such accommodation to be located within a serviced and sustainable setting. The Planning Authority further notes that the Core Strategy seeks to promote sustainable and balanced development through the settlement hierarchy, with population and development growth directed towards settlements with appropriate infrastructure, services and facilities. The applicant has failed to satisfactorily demonstrate that the proposed development is consistent with this approach. The proposed development would therefore be contrary to Policy WSP 1 and Section 15.10.8, the settlement hierarchy, Core Strategy and Housing Strategy of the Monaghan County Development Plan 2025-2031 and contrary to the proper planning and sustainable development of the area.
3. The applicant has failed to satisfactorily demonstrate that the existing and proposed level of occupation can be accommodated within the development to an appropriate standard having regard to resident amenity, communal facilities, accommodation standards, service provision and the nature and intensity of the use proposed on-site. The applicant has not demonstrated compliance with Policy WSP 1 and Section 15.10.8 of the Monaghan County Development Plan 2025-2031. The Planning Authority is not satisfied that sufficient information has been provided to demonstrate that the retained development would provide an appropriate standard of accommodation for occupants having regard to the scale and intensity of the use. The Planning Authority is therefore of the opinion that the retained development would provide a substandard form of accommodation for occupants, would be contrary to Policy WSP 1 and Section 15.10.8 of the Monaghan County Development Plan 2025-2031, and would be contrary to 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.

Having regard to the extent of existing and permitted dwellings in the immediate vicinity of the application site, the proposal would contribute to an excessive density of development of a suburban scale in a rural area. To permit the proposed development would result in further expansion and consolidation of a suburban pattern of development, and would set an undesirable precedent for further development along this road frontage which would further erode the rural character of the area, and materially contravene Policies RH- P-9 of the County Development Plan 2024 -2030 and the objectives of National Planning Policy and would thereby be contrary to the proper planning and sustainable development of the area.

Refusal reason evidence not yet indexed.

1. Policy TOU-P-5 supports the development of ‘a small retailing element or café/restaurant which is ancillary to, and functionally dependent on, the core tourism product.’ Having regard to the propos ed location of the coffee kiosk and associated infrastructure, the Planning Authority considers that the physical and visual separation of the existing farm business and proposed ancillary development is such that the proposal will result in a standalone form of development that will primarily serve the public and that is not ‘functionally dependant’ on the core tourism business. Therefore to permit the development as proposed would create an undesirable policy precedent for similar one- off developments that would be contrary to the provisions of Policy TOU-P-5 and contrary to the proper planning and sustainable development of the area.
2. Policy TOU-P-8 requires that all tourism based development complies with inter alia, the following criteria – ‘The development will not cause a traffic hazard, and the existing road network can safely handle any extra vehicular traffic generated by the proposed development.’ In the absence of any details with regard to the proposed entrance into the site including visibility splays and surface water drainage measures, and having regard to the additional traffic manoeuvres that will result if the development is permitted in proximity to the existing farm entrance, and the frequency of such movements, the Planning Authority considers that the proposed development constitutes a traffic hazard. Therefore to permit the development would be contrary to the provisions of Policy TOU- P-8 and contrary to the proper planning and sustainable development of the area.
3. Policy T-P-3 of the County Donegal Development Plan 2024- 2030 sets out that ‘ it shall be a policy of the Planning Authority to require that…a. Development proposals protect potential linkages (such as …greenways) where the Authority considers that a strategic opportunity exists to provide linkages to, or between, adjoining areas.’ The Bundoran – Ballyshannon greenway is complete at the subject site. The proposal would entail a new vehicular entrance across the completed greenway track that is considered to be contrary to the provisions of Policy T -P-3 and therefore contrary to the proper planning and sustainable development of the area. Applicant is advised that as per previous discussions, positive consideration may be given to location of the coffee van ADJACENT to the existing farm and tourism facilities making use of an existing entrance and clearly associated with the farm business.

It is policy DM OBJ 49 of the Meath County Development Plan 2021 – 2027 that all applications for family flat development shall form an integral part of the structure of the main house with provision for direct internal access to the remainder of the house i.e. not detached. The proposed detached family flat fails to comply with Policy DM OBJ 49 of the Meath County Development Plan 2021–2027, which requires family flats to form an integral part of the main dwelling with direct internal access and to be capable of reverting to part of the original house. Accordingly, the proposed development would be contrary to Policy DM OBJ 49 of the Meath County Development Plan 2021–2027 and would set an undesirable precedent for similar forms of development in the area, thereby being contra ry 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.

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. 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.

Refusal reason evidence not yet indexed.

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.

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 site is located on lands subject to zoning objective HA - DM in the South Dublin County Council Development Plan 2022 – 2028. It is the policy of the Council that within areas designated with Zoning Objective HA - DM (zoning objective - to protect and enhance the outstanding natural character of the Dublin Mountain Area) that new or replacement dwellings will only be considered in exceptional circumstances and subject to the criteria set out in Objective 1 of policy H19. On the basis of the lack of information submitted and the lack of justification for an additional dwelling at this location, it has not been satisfactorily demonstrated that the proposed development would comply with all of the criteria in this policy for housing in this area and no details of exceptional circumstances have been provided. In failing to comply with these requirements for rural housing development in High Amenity zoned areas, the proposal is considered to be contrary to Policy Objectives NPO8, and NPO28 of the National Planning Framework (2025), Objective RPO 4.8 of the Regional Spatial and Economic Strategy (2019) and Policies CS1, CS11 and H16 of the South Dublin County Development Plan 2022 - 2028 which recommend that new residential development be directed to existing urban areas and that new rural housing only be supported where there is a demonstrable social or economic justification. The proposed development would therefore, unjustifiably increase pressure on the local road network, would lead to demands for the uneconomic provision of public infrastructure and services in an unsustainable manner and would constitute an undesirable precedent for further similar development in the vicinity. The proposal would therefore materially contravene the South Dublin County Development Plan 2022 - 2028, would be contrary to national and regional planning policy objectives and would be contrary to the proper planning and sustainable development of the area.
2. The site is located in an elevated location within the Dublin Mountains High Amenity Zone, within the Athgoe and Saggart Hills Landscape Character Area (LCA) and has protected views to the south and north. Having regard to the location of the site on an elevated and exposed position in this sensitive landscape area, the absence of regard for existing site features and contours and the haphazard form of development represented by the proposed development, it is considered that the proposed development has not been designed and sited to minimise visual impact on the character and visual setting of the surrounding landscape and does not comply with County Development Plan policy relating to rural housing and extension design. The proposed development would therefore, by itself and cumulatively with the precedent it would set for similar development, negatively impact on this sensitive landscape and the natural beauty of the rural area by contributing to the incremental erosion of its character and would contravene Policy H23 and H23 Objective 1 of the South Dublin County Development Plan 2022 - 2028. The proposal is therefore contrary to the proper planning and sustainable development of the area.
3. The proposed development is located on a substandard rural road network characterised by narrow carriageway widths and a complete absence of pedestrian facilities, public lighting and drainage infrastructure. The addition of a further dwelling served by this network would exacerbate existing constraints and would establish an undesirable precedent for further development along this rural lane. It is considered that the proposed development would give rise to a traffic hazard due to the inadequacy of the existing road network to safely and satisfactorily accommodate the additional vehicular movements associated with the development. The proposal would therefore endanger public safety by reason of traffic hazard. 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/0128W.

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.

Refusal reason evidence not yet indexed.

1. The proposed development relates to an isolated parcel at the prominent northern end of the former Unifi lands and is not supported by an overall masterplan or coordinated framework demonstrating how its layout, access, active- travel infrastructure, servic ing and drainage would integrate with the future development of the wider landholding. The proposal would constitute piecemeal development, would prejudice the comprehensive and orderly regeneration of Opportunity Site 3 and would fail to provide the coordinated, high-quality layout required by Policy ED -P-9(k). It would therefore be contrary to the Opportunity Site Zoning Objective, Policies LK -OPP-3 and ED -P-9(k), and the proper planning and sustainable development of the area.
2. The proposed warehouse, by reason of its basic utilitarian design, siting, orientation and inadequate architectural, landscaping and boundary treatment, fails to provide an appropriate design response to this prominent gateway location or establish a coher ent frontage to the adjoining roads. The proposal would therefore be contrary to Policy ED - P-9(k) and (l) of the County Donegal Development Plan 2024– 2030 and to the proper planning and sustainable development of the area.
3. The proposed standalone vehicular access onto the L- 1144 Lisnenan Road would be located excessively close to the existing roundabout and has not been designed as part of an integrated access strategy for the wider landholding. In the absence of a Transport Assessment, Road Safety Audit and coordinated proposals for the protected signalised junction and adjoining active- travel infrastructure, the Planning Authority is not satisfied that the proposed access would operate safely or would not prejudice the comprehensive development of the wider lands. The proposal would therefore endanger public safety by reason of traffic hazard and would constitute disorderly and piecemeal development.
4. The application has not been accompanied by the site- specific Flood Risk Assessment required under Policy LK -OPP-3. In the absence of this assessment and a coordinated surface-water drainage and attenuation strategy, the Planning Authority is not satisfied that the development would avoid or satisfactorily address flood risk, would not increase flood risk elsewhere or would not prejudice the flood- management requirements of the wider Opportunity Site. The proposal would therefore be contrary to Policy LK-OPP-3 and Policies F-P-1 and F-P-2 of the County Donegal Development Plan 2024–2030.

Based on the information submitted the applicant has failed to demonstrate the availability and achievement of the required sightlines of 90m in both directions from the entrance. The proposed development would therefore result in the intensification of a substandard entrance and result in the creation of a serious traffic hazard by reason of the traffic movements generated at a location where visibility is restricted. The development would establish an undesirable future precedent and would therefore be co ntrary to the proper planning and sustainable development of the area.

Refusal reason evidence not yet indexed.

1. The subject site is zoned RA – Rural Area with an objective to “To protect and promote in a balanced way, the development of agriculture, forestry and sustainable rural-related enterprise, community facilities, biodiversity, the rural landscape, and the built and cultural heritage. ” The applicant has not provided a satisfactory justification for the need and purpose of this structure. It is considered that the structure due to the nature, scale, mass and bulk would be inappropriate as a domestic ancillary building. The Planning Autho rity consider that the sensory room would be more appropriate as an extension to the main dwelling, while the justification for the remaining elements is not acceptable. It is considered that the proposed development would contravene DM OBJ 62 of the Meath County Development Plan 2021 -2027, and would be and contrary to the proper planning and sustainable development of the area.
2. The proposed development, when taken in conjunction with existing and permitted development in the area would consolidate a haphazard and incongruous pattern of development which would be inappropriate to this rural area, and would result in an unduly precedent in the area, and would therefore 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 proposed density, which is over 90 dwellings per hectare, and where the site is located within the Naas Architectural Conservation Area and in immediate proximity to a Protected Structure (Almshouse (NS19-011)), where the proposed façade of Block 2 would be located approximately 0.74m from the boundary wall of the protected structure, and where substandard private amenity and open space lacking quality, functionality, size and useability is provided, and having regard to Policy and Objective 3.1, Figure 3.3, Section 3.4 and Section 3.3.6 of The Sustainable Residential Development and Compact Settlements, Guidelines for Planning Authorities (January 2024) which require ‘in the case of very small infill sites...need to respond to the scale and form of surrounding development, to protect the amenities of surrounding properties’ where the design response ‘may take precedence over the densities set out in this Chapter’, the proposed infill development would be an overdevelopment of the site, and would therefore be contrary to current policy objectives and if granted would seriously injure residential and town centre amenities and property in the vicinity.
2. Section 10 of the Naas Local Area Plan 2021-2028 seeks to ‘integrate new and regenerated areas within the historic core in a contemporary manner that complements the existing urban structure and heritage of the town’ and ‘to ensure that best practice urban design principles are applied to all new development, based on the principle that well-planned and integrated development enhances the sustainability, attractiveness and liveability of an area’. The proposed development fails to provide ‘enclosure through the construction of strong urban edges and legible built form’, fails to provide ‘open spaces with character’, ‘a focal point’ and not overly dominated by hard landscaping and fails to ensure that attractiveness in new and regenerated buildings is achieved through the use of layout and material finishes. The proposed development would therefore be contrary to Objective URD 1.2 of the Naas Local Area Plan 2021-2028, which requires that development be in keeping with the relevant Urban Design Principles outlined in Section 10.3.2, and furthermore would be contrary to Kildare County Development Plan 2023-2029 objectives (UD P1, UD O1) which require ‘a high standard of urban design to be integrated into the design and layout of all new development and ensure compliance with the principles of healthy placemaking’. The proposed development would therefore be contrary to the proper planning and sustainable development of the area.

Refusal reason evidence not yet indexed.

Refusal reason evidence not yet indexed.

Having regard to the location of the dwelling to the rear of the existing dwelling, the absence of independent road frontage, the design and layout of the dwelling which is below the requirements of the Development Management Standards of the Meath County Development Plan 2021-2027 and the Quality Housing for Sustainable Communities-Best Practice Guidelines for Delivering Homes, Sustaining Communities, 2007, and the general pattern of development in the area, it is considered that the proposed development if permitted would result in a poor standard of residential amenity for the intended occupants, would impact on the residential amenity of the existing dwelling and adjoining properties, would be contrary to the policy provisions of the Meath County Development Plan 2021-2027 and National Planning Guidelines, would depreciate the value of the adjoining properties and set an undesirable precedent for future development in the area. The proposed development would therefore be 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.

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 Section 15.4.12 and Appendix 4 (Rural House Design Guide) of the Kildare County Development Plan 2023-2029, the proposed development, by reason of its scale, form and siting, would result in a visually dominant structure that would not integrate satisfactorily into the landscape and would be out of character with the rural setting of the area. The plans and particulars submitted indicate that significant filling, regrading and levelling of the site would be required. As such, the proposal fails to respond appropriately to the natural topography of the site and would result in excessive and visually intrusive site works. Furthermore, the development would not represent an enhancement of the site and, notwithstanding the limited architectural merit of the existing structure, would fail to achieve a design that responds appropriately to the character and sensitivities of the rural landscape. The proposed development would therefore be contrary to Section 15.4.12 and Appendix 4 of the Kildare County Development Plan 2023-2029 and would be contrary to the proper planning and sustainable development of the area.
2. The proposed garage, by reason of its height, scale and floor area would be contrary to the provisions of Section 15.4.13 of the Kildare County Development Plan 2023-2029, would set an undesirable precedent for similar developments of this scale and nature of the rural area and would therefore be contrary to the proper planning and sustainable development of the area.

1. The proposed development by virtue of an isolated domestic shed/garage and the creation of a new entrance to serve the structure, which is not associated with a residential dwelling and located in close proximity to a Strategic Corridor (N52) in a rural area (RA ‘Rural Area’ as defined in the Meath County Development Plan), would materially contravene RD POL 39 which seeks to ‘ identify and protect those non -national roads of regional or local importance from unnecessary and excessive individual access/egres s points, which would prejudice the carrying capacity and ultimately the function of the road’. The principle of the proposed garage/shed structure and use is not acceptable to the Planning Authority in this rural context as it is not ancillary to an existing residential development and would therefore represent a haphazard form of development in the countryside. As the principle of the development is not considered acceptable, proximity of the subject lands and proposed entrance to the Strategic Corridor (N52) would contravene RD POL 39 and set an undesirable precedent for other similar developments, which would in themselves and cumulatively not be in the interest of the proper planning and sustainable development of the area.
2. The proposed development would generate an intensification of traffic onto the N52 which is a protected route and would therefore materially contravene MOV POL 24 which seeks ‘ safeguard the capacity and safety of the National road network by applying the provisions of the Department of Environment Community and Local Governments – ‘Spatial Planning and National Roads-Guidelines for Planning Authorities, 2012’ to avoid the creation of any additional development access to national roads and intensification of existing access to national roads to which speed limits greater than 60kph apply, save in accordance with agreed ‘exceptional circumstances’ included in MOV POL 33’. For this reason, it is considered that the proposed development would materially contravene MOV POL 24 and would set an undesirable precedent for other similar developments, which would in themselves and cumulatively not be in the interest of 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.

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) has previously owned 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, 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.