Latest refusal decisions.

Refusal reason evidence not yet indexed.

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

Refusal reason evidence not yet indexed.

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).

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

1. Having regard to the location of the proposed development which would generate increased traffic from an existing substandard vehicular access onto the N5 National Route, the proposal would be contrary to the Mayo County Development Plan 2022-2028 with specific reference to Policy MTP-23 which states ‘To protect the capacity, efficiency and safety of the national road network in Mayo by complying with the ‘Spatial Planning and National Roads - Guidelines for Planning Authorities’ (2012)’ and Policy MTP-24 which states ‘To avoid the creation of additional direct access points from new development adjoining national roads or the generation of additional traffic from existing direct accesses to national roads to which speed limits greater than 60 km/h apply’. The proposed development is considered to be at variance with national official policy in relation to control of development on/affecting national roads, as outlined in the Department of the Environment, Community and Local Government Spatial Planning and National Roads Guidelines for Planning Authorities (2012). Accordingly, to grant the proposed development would be at variance with national policy in relation to development involving access to national roads would endanger public safety by reason of traffic hazard and obstruction of road users, would have a detrimental impact on Planning and Development Section Áras and Chontae, Castlebar, Co. Mayo www.mayo.ie | 0949064000 the capacity, safety or operational efficiency of the national road network in the vicinity of the site, and therefore, would be contrary to the proper planning and sustainable development of the area.
2. The proposed development would endanger public safety by reason of traffic hazard or obstruction of road users or otherwise as the application fails to address the normal sighting and design considerations in relation to road safety at the access/egress point, in accordance with the requirements of the Mayo County Development Plan 2022-2028.
3. The nature of the proposed development and resulting operations, would give rise to certain traffic hazards, with associated requirement for ongoing and stringent control measures to be maintained, would cause undue risk to road safety, would endanger public safety by reason of traffic hazard, and would therefore be contrary to the proper planning and development of the area. END OF SCHEDLE.

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.

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

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.

Refusal reason evidence not yet indexed.

Refusal reason evidence not yet indexed.

1. The proposal site is located in a rural area that is within the "Western Corridor Working Landscape" as designated in the Clare County Development Plan 2023-2029 (as varied). Within such landscapes, as per objective CDP14.3 of the Plan, site selection should seek to avoid visual prominence, and every effort must be made to reduce visual impacts. Having regard to the elevated and exposed nature of the proposal site, the views available from the adjacent road and the longer range views from the southeast, the limited screening on the site and its environs, and taken in conjunction with existing development in the surrounding area, the Planning Authority considers that the receiving landscape does not have the capacity to visually integrate the proposed development and that the proposal would detract from the character and visual amenities of this rural area. The proposed development would therefore conflict with the policies of the Development Plan for this area and would result in an over-concentration of dwellings in this unserviced rural area which would therefore be contrary to the proper planning and sustainable development of the area.
2. Lisheen cluster is located to the east and down slope of the subject site where there is undeveloped land. Under CDP 4.9 it is an objective of the Council to ensure that clusters maintain their existing character providing only for very small-scale growth. The Planning Authority considers that the proposed development taken in conjunction with existing and permitted development would undermine this objective by creating an undesirable haphazard linear pattern of development in the countryside, proximate to, but outside of, the cluster boundary. Such development taken in conjunction with existing and permitted development adjacent undermines the planning status of the cluster and results in the proliferation of haphazard development into the surrounding countryside in an elevated and visually sensitive location which forms part of the designated Western Corridor Working Landscape.
3. Having regard to the proliferation of existing access points along both sides of the LS6318 local secondary road at this location the Planning Authority considers that the proposed development, when taken in conjunction with existing development, would if permitted constitute an over concentration of vehicular entrances serving undesirable linear, haphazard development and the additional traffic movements associated with the development would have adverse impacts on traffic safety and free flow on the public road. Therefore, the proposed development would be contrary to traffic safety and the proper planning and sustainable development of the area.

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

Having regard to the provisions of the Telecommunications Antennae and Support Structures Guidelines for Planning Authorities, 1996, as revised by Circular Letter PL 07/12; to Policies IC P3 and IC P4 and Section 16.11.11 of the Carlow County Development Plan 2022-2028, which seek to encourage the sharing and co-location of telecommunications infrastructure and to avoid the unnecessary proliferation of telecommunications structures; and to the permission recently granted under Reg. Ref. PL26/60066 for a 30m high multi-operator telecommunications support structure within close proximity to the application site; the Planning Authority is not satisfied that the need for an additional 30.5m high telecommunications support structure at this location has been adequately demonstrated. In particular, it has not been satisfactorily demonstrated that co-location on the permitted structure would be unavailable or impracticable, and the cumulative visual impact of both structures on the surrounding rural area and on views from the adjoining N80 and M9 road corridors has not been adequately assessed. The proposed development would therefore lead to a proliferation of telecommunications structures where an opportunity for co-location exists within the immediate area, would seriously injure the visual amenities of the area and would therefore be contrary to the proper planning and sustainable development of the area.

Refusal reason evidence not yet indexed.

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

1. The proposed use of the subject property for short -term letting would result in the loss of suitable accommodation for both long -term rental and permanent owner/occupier accommodation at a time of an acute housing shortage. The proposed development would have a negative impact on the residential amenity of the area, would set an undesirable precedent for similar proposals in the surrounding area and would therefore be contrary to the proper planning and sustainable development of the area.
2. Inadequate information has been submitted to demonstrate that wastewater effluent generated on site can be adequately disposed of in accordance with required standards. The development would therefore be prejudicial to public health and 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.

It is a policy of the Meath County Development Plan 2021–2027 (DM OBJ 52 and DM OBJ 54) to ensure that appropriately sized and conveniently located bin storage facilities are provided within residential developments and are integrated with the design and character of the scheme. The proposed relocation of the bin storage area to the rear of Units 15, 16, 17 and 18 would result in a visually incongruous and poorly integrated element within the development, failing to respect the established character and app earance of the surrounding area. Furthermore, the proposed development would result in the loss of an area previously designated for landscaping and communal open space, thereby diminishing the visual amenity and recreational function of the development. In addition, by reason of its proximity to adjoining residential properties, the proposed bin storage area would be likely to give rise to noise, odour and general disturbance associated with its use and servicing, to the detriment of the residential amenit ies of nearby occupants. The Planning Authority therefore considers that the proposed development would be contrary to DM OBJ 52 and DM OBJ 54 of the Meath County Development Plan 2021–2027 and would be contrary to the proper planning and sustainable development of the area.

1. Having regard to the location and characteristics of the site it is considered that the proposed development by reason of its backland nature and proximityto the built- up area would represent uncoordinated and ad-hoc development on a site abutting the rural village and could prejudice the orderly and sustainable development of Kilmeaden village. The proposed development would, therefore, be contrary to the proper planning and sustainable development of the area.
2. The proposed development is located in an area identified as an 'Area Under Strong Urban Influence'in theWaterford City&County Development Plan2022-2028. Based on the information submitted, owing to the identified location of the applicant's family home within the settlement of Kilmeaden, the Planning Authority is not satisfied that the proposal constitutes a Local Rural Housing Need in accordance with Section 7.11.2 of the Waterford City & County Development Plan 2022-2028. The proposed development would therefore be contrary to the provisions of the Waterford City and County Development Plan 2022-2028, and as such 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. Section 15.9.1 (Rural Character) and Policy RCP 1 of the Monaghan County Development Plan 2025-2031 seek to ensure that new rural housing does not further erode the rural character of an area, having regard to the existing pattern of development and the cumulative impact of new development. The proposed development would be located on a site comprising residual lands situated beside existing and permitted residential development and which has been created as an individual development plot. Having regard to the concentration of existing and permitted dwellings in the area, the incremental subdivision of roadside lands for residential development, and the cumulative impact of such development on the character of the rural area, it is considered that the proposal would cause a detrimental impact on, and further erode, the rural character of the area. Accordingly, the development would, if permitted, be contrary to Section 15.9.1 (Rural Character) and Policy RCP 1 of the Monaghan County Development Plan 2025-2031 and be contrary to the proper planning and sustainable development of the area.
2. Section 15.22.5 (On-Site Wastewater Treatment Systems) and Policy WWTP 1 of the Monaghan County Development Plan 2025-2031 seek to ensure that on-site wastewater treatment systems are located and constructed to the highest standards in order to protect water quality, including groundwater and surface water. The Environmental Health Officer has raised serious concerns regarding the suitability of the application site to accommodate an on-site wastewater treatment system and percolation area, having regard to the low-lying nature of the site. In addition, the Environmental Health Officer has advised that the necessary remedial works would be required over the entire site area in order to satisfactorily demonstrate site suitability. Having regard to the information submitted and the concerns raised, the Planning Authority is not satisfied that the application site is suitable for the satisfactory treatment and disposal of wastewater arising from the proposed development. Accordingly, the development would, if permitted, be contrary to Section 15.22.5 and Policy WWTP 1 of the Monaghan County Development Plan 2025-2031, be prejudicial to public health and environmental protection, and be contrary to the proper planning and sustainable development of the area.
3. Section 15.10.4 (Domestic Garages, Sheds, Ancillary Outbuildings and Car Ports) and Policy DGP 1 of the Monaghan County Development Plan 2025-2031 require satisfactory justification where a domestic garage exceeds 80sqm in floor area. The proposed garage has a floor area of approximately 115sqm and no satisfactory justification has been submitted for a structure of this size. Accordingly, the development would, if permitted, be contrary to Section 15.10.4 and Policy DGP 1 of the Monaghan County Development Plan 2025-2031 and be contrary to the proper planning and sustainable development of the area.

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

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 proposed development would necessitate the removal of established roadside hedgerows, mature trees, roadside vegetation and existing drainage features along the site frontage. The Planning Authority considers that these features form an important biodiversity, landscape and rural character resource and that their removal would materially alter the established character of this section of road. Accordingly, the proposed development would be contrary to DM Standard 47 and Policy Objective TWHS1 of the Galway County Development Plan 2022-2028 and would be contrary to the proper planning and sustainable development of the area.
4. Having regard to the proposed proprietary wastewater treatment system and raised percolation area, the location of the site within a Regionally Important Karstified Aquifer (Rkc) of Extreme Groundwater Vulnerability, the proximity of the Ballygar Stream, the River Suck catchment and the River Suck Callows SPA (Site Code 004097), together with the inconsistencies identified within the submitted Site Characterisation documentation and the absence of sufficient information regarding the hydrological setting of the site and receiving environment, the Planning Authority is not satisfied that the safe and sustainable disposal of domestic effluent has been satisfactorily demonstrated or that the hydrological characteristics of the site have been adequately assessed. Therefore, the Planning Authority cannot exclude the possibility of likely significant effects on the River Suck Callows SPA, either individually or in combination with other plans and projects, including the adjoining planning application Pl. Ref. 2660939. Accordingly, the proposed development would be contrary to Policy Objectives NHB1, NHB3, WR1, WS7, WW6 and DM Standard 50 of the Galway County Development Plan 2022-2028 and would be contrary to the proper planning and sustainable development of the area.
5. In the absence of any details submitted on file relating to water supply to serve the dwelling, it is considered that the development if permitted as proposed would pose a serious risk to the public health of persons occupying this dwelling house, would be contrary to Policy Objective WS 4 and DM Standard 36 of the Galway County Development Plan, 2022-2028 and would be contrary to the proper planning and sustainable development of the area.

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

1. The subject site is partially located in the county side and partially located in the settlement of Ballyveskil/Teermaclane, which is designated as a Cluster in the settilement hierarchy of the Clare County Development Plan 2023- 2029, as varied. It is an objective of Clare County Council under CDP4.10 'Countryside' to ensure that the countryside continues to play its role as a place to live, work, recreate and visit, having careful regard to the viability of smaller towns and rural settlements, the carrying capacity of the countryside, siting and design issues and environmental sensitivities. It is an objective under CDP4.9 Clusters' to ensure that clusters throughout the county maintain their existing character providing only for very small-scale growth of dwellings and/or small enterprises where they can be suitably integrated with respect to the setting and context. It is considered that the proposed retention would constitute a form of development that is not consistent with the established character of the cluster within a rural area, and that to permit the development as proposed to be retained would set an undesirable precedent for other such development on individual sites in the countryside and in clusters. The subject development would therefore seriously injure the visual and residential amenities of the area, and constitute haphazard development of the site, which would be contrary to Policy Objective CDP4.9 'Clusters' and CDP 4.1o 'Countryside' of the County Development Plan, as varied, and would therefore be contrary to the proper planning and sustainable development of the area.
2. The proposal site is located on the outside of a bend on the Ls8254 local secondary road. This road serves a number of local dwellings, agricultural lands, and is a connecting road between the village of Ballyea and the R473 regional road. Having regard to the nature and extent of the existing and permitted developments in the area, the narrow nature of the road, the poor horizontal alignment of the road at the front of the site, and the nature of the traffic that would be associated with the proposed development, the Planning Authority considers that the proposed development would result in an intensification of commercial and industrial activity in this rural area, would result in additional traffic movements along the local road network, would have adverse impacts on traffic safety and free flow and would therefore be contrary to the proper planning and sustainable development of the area.
3. Having regard to the commercial nature and relatively large scale of the proposed development within this rural area, the location of the site both within and immediately adjacent to the Ballyveskil/Teermaclane Cluster, the close proximity of the site to existing dwellings, the backland nature of the site relative to the existing settlement pattern in the area, the nature of the existing and proposed site boundaries, and the proposed retention would constitute haphazard backland development that is not in accordance with the existing settlement pattern of the area, would have adverse impacts on adjacent amenities by reason of noise and general disturbance, would militate against the preservation of the character of this rural area, would depreciate the value of property in the vicinity, would be contrary to objective CDP4.9 "Clusters" of the Clare County Development Plan 2023-2029 and therefore would not be in accordance with the proper planning and sustainable development of the area.
4. The subject site is located within a rural area that is the “Western Corridor Working Landscape", and as per the objective CDP14.3 of the Clare County Development Plan 2023-2029, developments are required to ensure the selection of appropriate sites in the first instance within this landscape, together with consideration of the details of siting and design, are directed towards minimising visual impact. Having regard to the views available towards the site from the south, the existing built vernacular and settlement pattern of the area, the bulk, scale, massing, design and finishes of the existing shed, the Planning Authority considers that the proposed retention is not be in keeping with the existing built vernacular or settlement pattern of the area, would seriously injure the visual amenities and character of this rural area, and would set an undesirable precedent for similar developments in this area. The proposed development would therefore be contrary to the proper planning and sustainable development of the area.
5. The Planning Authority considers that the proposed commercial development, which is located in an unsewered rural area, and which is operated and accessed by multiple employees on a daily basis, would be premature due to the existing non-provision of onsite wastewater treatment facilities. Therefore, the proposed development would constitute substandard and haphazard development, would set an undesirable precedent for other similar type developments in this rural area and would not be in accordance with the proper planning and sustainable development of the area.
6. The Planning Authority notes the nature and extent of unauthorized works on site and works ongoing at the time of inspection which constitute both ‘works’ and ‘development’ in accordance with Sections 2(1) and 3(1) of the Planning and Development Act 2000, as amended and do not benefit from exempted development status under Schedule 2 of the Planning and Development Regulations 2001 (as amended). Therefore, the proposed retention would facilitate further development at the location of these unauthorized works, and would therefore be contrary to the proper planning and sustainable development of the area.

1. On the basis of the information submitted the Planning Authority is not satisfied that the proposed development includes adequate measures to ensure the protection of the site and adjoining lands/sites from potential flooding. The proposed development would, therefore, be contrary to the proper planning and sustainable development of the area.
2. The proposed erection of a dwelling at this location by reason of its siting and design would be unduly obtrusive by virtue of its visual impact on the landscape and would interfere with the character of the landscape, which is necessary to preserve, in accordance with Objective KCDP 11 - of the Kerry County Development Plan 2022 - 2028. The proposed development would, therefore, be contrary to the proper planning and sustainable development of the area.
3. It is considered that the proposed development would, seriously injure the amenities of property in the vicinity by reason of over - looking and interference with privacy and would therefore, be contrary to the proper planning and sustainable development of the area.

1. The location of the entrance to the development is onto the N5, a national strategic route, at a location where the maximum speed limit applies. It is the policy of the Spatial Planning and National Roads: Guidelines for Planning Authorities (2012) (DOECLG) as reflected in Policy CPO 5.15 of the Longford County Development Plan 2021-2027 ‘to protect the capacity, efficiency and safety of the national road network in County Longford by complying with ‘Spatial Planning and National Roads – Guidelines for planning authorities’ (2012). The entrance, additional turning movements and intensification created by the proposed development would endanger public safety by reason of a traffic hazard and obstruction of road users and materially contravene Policy CPO 5.15 of the Longford County Development Plan 2021 – 2027.
2. The applicant has not sufficiently demonstrated that the existing septic tank and percolation area can adequately manage the disposal of wastewater from the existing/proposed dwelling. In the absence of this information in order to properly assess the impact on the local environment, to permit the said development could be prejudicial to public health due to risk of pollution and would not be in accordance with the proper planning and sustainable development of the area.
3. The Planning Authority is not satisfied, based on the information submitted with the planning application, that the proposed development, 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 such information, the Planning Authority cannot conclude that the proposed development would not adversely affect the integrity of any European site. The proposed development is therefore contrary to CPO 12.62 of the Longford County Development Plan 2021 – 2027 and the proper planning and sustainable development of the area.

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

1. The proposed development, at this highly visible entrance location to Waterford Airport, does not comply with the requirements of Airport Policy Objective ECON 10, Waterford City & County Development Plan 2022-2028, and Section 1.6.2 Business Park, Waterford Regional Airport and Business Park Masterplan, Appendix 12, Waterford City & County Development Plan 2022 - 2028. It is therefore considered that the proposed development would be contrary to the polices and objectives of the Waterford City & County Development Plan 2022 -2028, would set an undesirable precedent for similar proposals in the area and would be contrary to the proper planning and sustainable development of the area.
2. It is considered that t he proposed development, which proposes locating twelve number storage containers at a highly visible site close to the entrance to the Airport Business Park and adjacent to the public road Airport Road R708, would negatively impact upon the visual amenities of the area. Furthermore, Table 5.2 General Standards for New Industrial, Warehousing and Business Development, Development Management Standards, Volume Two, Waterford City & County Development Plan 2022-2028, requires high quality design of buildings within business parks. It is therefore considered that the proposed development given its prominent and highly visible location in close proximity to the entrance to Waterford Airport and adjoining the R708 Regional Road would have a negative impact on and seriously detract from the visual amenities of the Airport Business Park and the surrounding area, would be contrary to development management standards of the Waterford City & County Development Plan 2022-2028, would set an undesirable precedent for similar proposals in the area and would therefore be contrary to the proper planning and sustainable development of the area.

While the existing permitted uses at the wider site including warehousing and associated storage may be considered to be established non-conforming uses, the proposed development would not align with any Permitted in Principle or Open for Consideration use classes under the OS zoning objective of the site, and would result in the intensification of the use of the subject site and the erosion within the overall landholding of OS zoned land and OS zoned lands intended as a landscaped area of the overall premises, as per development previously granted under SD21A/0051 and SD18A/0126. The proposed development would thus not accord with the OS land use zoning objective of the site. Furthermore, having regard to the nature of the subject proposal and permitted development on site to date, including the conditions of grants of said permissions and implementation of same, a grant of a permission for the subject proposal may result in the consolidation of unauthorised development at the subject site, which if permitted, would set an undesirable precedent for similar development which in themselves and cumulatively would set a precedent for similar development. The development as proposed would thus be contrary 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/0130W.

1. The development to be retained consists of three apartment units with floor areas of 38sq.m, 43.64sq.m and 43.42sq.m all of which fall short of the minimum floor area for one bedroomed apartment development which is 45sq.m as set out in Appendix 1 Minimum floor areas and standards of Planning Design Standards for Apartments: Guidelines for Planning Authorities 2025 and it is considered that the development would result in a substandard level of development, and would seriously injure the amenities of the future occupants of the existing development.
2. The development, if permitted, would result in a poor standard of residential amenity for the inhabitants particularly with regard to apartment size, lack of open space, communal open space, car parking, bicycle parking, storage and refuse storage. The development would constitute the over development of the site and the over concentration of apartment units which, if granted, would set an undesirable precedent for similar type sub-standard developments which would seriously injure the amenities and depreciate the value of the property in the vicinity. Planning and Development Section Áras and Chontae, Castlebar, Co. Mayo www.mayo.ie | 0949064000.

Refusal reason evidence not yet indexed.

Refusal reason evidence not yet indexed.

Refusal reason evidence not yet indexed.

Refusal reason evidence not yet indexed.

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

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

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.

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

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 Planning Authority notes that the public notices and development description fail to reference the retention of existing temporary structures located on the site. To grant permission for the proposed development in the absence of an explicit applicatio n for retention permission would serve to facilitate unauthorised development on the site, and would, therefore, be contrary to the proper planning and sustainable development of the area. It is also considered that the design of the temporary structures would not be in keeping with the visual amenity or character of the rural area.
2. It is considered that the proposed development by virtue of its temporary nature and intended use as a place of worship and school proposed to be located in the rural area which is zoned RA ‘Rural Area’ in the Meath County Development Plan would not accord with the zoning objective for RA ‘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.’ Place of worship is not listed as a permitted use nor a use open for consideration under the RA Zoning Objective. Furthermore, it is considered that the proposed development would not accord with SOC POL 47 of the Meath County Development Plan 2021- 2027, wh ich seeks to encourage and facilitate the development of places of worship in appropriate locations in urban centres and proximate to residential communities. Therefore, the proposed development would not accord with a zoning objective and SOC POL 47 outli ned in the Meath County Development Plan 2021- 2027 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.

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