Latest refusal decisions.

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

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) currently owns 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, and 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.

The Planning Authority is not satisfied that the proposed development, which would result in an adverse impact to a heritage asset through loss of historic masonry boundary wall, is an appropriate intervention or would preserve the character and integrity of the Protected Structure (TRPS 2350) and its curtilage. The proposed development is considered contrary to the requirements of Policy 13 – 1 of the Tipperary County Development Plan 2022 -2028 and the guidance contained in The Architectural Heritage Protection Guidelines for Planning Authorities (Department of Housing, Local Government and Heritage, 2022). The proposed development would set an undesirable precedent for similar development of this nature and would be contrary to the proper planning and sustainable development of the area.

1. The nature and extent of the proposed hardstanding and the stated use of the area for car parking.
2. The significant level of ground excavation required and design of the boundary treatment proposals.
3. The development location relative to an adjoining residential property. The Planning Authority is not satisfied that a clear and demonstrated need has been provided for the development proposed, in particular the requirement for the 2 way circulation route serving the proposed parking spaces. Furthermore, the Planning Authority is not satisfied that the development is visually acceptable for the site and would not have a negative impact on the amenity of the residential property that adjoins the site. The proposed development is considered contrary to the proper planning and sustainable development of the area.

Having regard to the scale and design of proposed dwelling house, the proposal to partially fill the site to accommodate the proposed development which results in increased finished levels on site, in particular along the northern application site boundary and the extent of the proposed boundary treatments along the norther n a pplication site boundary, it is considered that the proposed development would adversely impact on the visual and residential amenities of house no’s 1, 2, 3 & 4 within Carriag Abhainn by way of overbearing impact. As such, the proposed development would be seriously injurious to the residential amenities of the adjacent dwellings within Carriag Abhainn and would be contrary to the proper planning and sustainable development of the area.

1. Traffic Hazard The proposed development would be located on a substandard rural road network which is narrow in width, has poor vertical and horizontal alignment, lacks pedestrian, public lighting and drainage facilities. Having regard to this, the proposed development would endanger public safety by reason of traffic hazard and intensification of the use of this road. The road network in the area is incapable of catering for the continuation of ribbon development and, as such, the proposed development would be contrary to the proper planning and sustainable development of the area.
2. National, Regional and Local Policy The proposal is considered to be contrary to Policy Objectives NPO19, NPO33 and NPO3b of the National Planning Framework, Objective RPO4.8 of the Regional Spatial and Economic Strategy (2019) and Policies CS1 and CS11 of the South Dublin County Development Plan 2022 - 2028 which recommend that new residential development be directed to exisitng urban areas and that new rural housing only be supported where there is a demonstrable social or economic justification to do so. The site is located within a rural area under strong urban influence. The site is located within the Dublin Mountains High Amenity Zone, is situated above the 120m contour (but below the 350m contour) and in a sensitive landscape location with protected views. Residential development is not supported at the site unless a demonstrable economic or social need to live in the rural area has been established. Per the assessment, it is considered that the applicant has not provided sufficient information to demonstrate exceptional circumstances that would justify non-application of the policy to restrict rural housing in this area. The proposed development represents unsustainable urban generated housing in a rural area under strong urban influence which is incompatible with the achievement of the policies and objectives of the NPF, RSES and County Development Plan Core Strategy.
3. High Amenity Dublin Mountains 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, 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. Therefore, the applicant has also failed to provide sufficient justification which would warrant the setting aside of the objective of Policy H16 of the South Dublin County Development Plan 2022-2028, which seeks to ‘Restrict the spread of urban generated dwellings in the Rural 'RU', Dublin Mountain ‘HA-DM’, Liffey Valley ‘HA-LV’ and Dodder Valley ‘HA-DV’ zones and to focus such housing into existing settlements in line with the Settlement Hierarchy.’ Therefore, the proposed development would materially contravene the objectives of the Development Plan and would lead to demands for the uneconomic provision of further public services and facilities in this rural area. The proposed development would therefore be contrary to the proper planning and sustainable development of the area.
4. The proposed development, by reason of its scale, site context and the site works that would be necessary to facilitiate it, has not satisfied Policy H23 of the South Dublin County Development Plan 2022 - 2028 and the mandatory criteria under H23 Objective 1 relating to Rural Housing and Extension Design, in particular in relation to the following: - impact on the landscape; - local ecological impact; - impact on the site's natural contours and natural drainage features; - extent of intrusive engineered solutions proposed, including cut and fill, embankments and retaining walls; and - requirement to remove/replace the existing roadside boundary to achieve sightlines. As such, 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 be contrary to the proper planning and sustainable development of the area.
5. Green Infrastructure, Landscape, Ecology The proposed development would encroach upon the vegetation at this site, which is located at a Core Area as detailed in the South Dublin County Development Plan 2022 - 2028. The development of this site would, by itself and by the precedent it would undermine the strategic green infrastructure network in the county. Further a lack of environmental or ecological assessment with the application prevents proper assessment of the impacts of the development; however even without such assessment, it is clear that the proposed alterations to and residential development of the site would be contrary to county policy to protect the environmental and ecological capacity of sites in the Dublin Mountains, and to protect the landscape of the Dublin Mountains, and to protect trees and hedgerows above the 120m contour line. Furthemore, having regard to the location of the site on an elevated position in this sensitive landscape area, it is considered that the proposed development, by itself and cumulatively with the precedent it would set for similar development, would negatively impact on this sensitive landscape and the natural beauty of the rural area by contributing to the incremental erosion of its character. The proposed development would thus breach the following policies and objectives: - Table 4.1 Strategic Objectives in GI Corridors - Policy GI1 Overarching (green Infrastructure) - Policy GI2 Biodiversity - Policy H19 Housing in the High Amenity Dublin Mountains Zone - Policy H23 Rural Housing Design - Policy NCBH1 Overarching (Natural, Cultural and Built Heritage) - Policy NCBH2 Biodiversity - Policy NCBH11 Objective 5 (Protection of trees and hedgerows above 120m contour) 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/0129W.

1. The proposed development is on lands which form part of an area of the ‘District Centre’ land use zone as idenƟfied in the currently applicable Monksland/Bellanamullia (Athlone West) LAP 2016-2022. IrrespecƟve of the inclusion of a small retail unit and café in a detached structure adjacent to the L- 7596 local road, the predominant element of the development proposal is for the provision of a large standalone supermarket structure of generic design and lacking in architectural merit. In conjuncƟon with this dominant, uƟlitarian structure and the resultant adverse visual impact arising, the proposed site layout arrangement has been designed to prioriƟse the accommodaƟon of vehicle borne users of the proposed facility, incorporaƟng carparking provision in an isolated manner and insular manner solely to serve the proposed development and segregated from the wider core area of Monksland. Notwithstanding the limited aspects of ancillary development proposed on the western site frontage, the overall development concept, dominated by the aforemenƟoned large, supermarket structure of generic design, fails to provide an integrated mixed land use approach to the development of the ‘District Centre’ zoned lands. The proposed development if permiƩed would fail to saƟsfy the primary land use zoning objecƟves for these centrally posiƟoned lands as set out in the Monksland/Bellanamullia (Athlone West) LAP 2016-2022 and would militate against the achievement of the objecƟves in the Athlone Joint Retail Strategy 2019- 2026 (including Policy ObjecƟve RP IO) for the River Village area to develop as a mixed use centre. In addiƟon, the proposed development would fail to provide a sufficiently high quality built environment nor would it create a disƟncƟve sense of place and consequently is contrary to Policy ObjecƟve TV 4.1 of the Roscommon County Development Plan 2022 – 2028 (Volume I). The proposed development would also fail to enhance the fabric of the exisƟng urban area, with the predominance proposed structure failing to adhere to the principles of good urban design, as required in Policy ObjecƟve TV 4.3 of the County Development Plan. The proposed development would set a precedent for other similarly inappropriate development, would fail to make a posiƟve contribuƟon to the ‘District Centre’ environment and fails to reflect the key principles of placemaking. The proposed development would therefore be contrary to the proper planning and sustainable development of the area.
2. The development if permiƩed in isolaƟon would result in the creaƟon of a development on the subject lands which has a limited mix of uses, would be dominated by vehicular access, would fail to provide connecƟvity to and integrate with other surrounding ‘District Centre’ zoned lands, and would not assist in consolidaƟng the built-up area nor would it be conducive to creaƟng a vibrant centre and sense of place in this core area of Monksland. The proposed development would militate against the achievement of the principles set out in Roscommon County Council’s Smarter Travel IniƟaƟve, which emphasises the prioriƟsaƟon of pedestrian mobility and alternaƟve modes of transport to the car, and would fail to promote the principles of acƟve travel and sustainable development.

It has not been satisfactorily demonstrated that the site is suitable for the safe disposal of effluent in accordance with the 2021 EPA Code of Practice: Domestic Wastewater Treatment Systems (P.E≤ 10) having regard to the observed conditions on site, the significant slope and drainage present on site, saturated soil, groundworks carried out in the area of the proposed infiltration area and the level of mottling observed in the main trial hole. The proposed development would therefore be prejudicial to public health and contrary to the proper planning and sustainable development of the area.

1. It is a policy (RD POL 9) of the Meath County Development Plan 2021-2027, “To require all applications for rural houses to comply with the ‘Meath Rural House Design Guide”. Furthermore, policy RD POL 30 seeks, “To promote the viable re -use of vernacular dwellings without losing their character and to support applications for the sensitive restoration of disused vernacular or traditional dwellings”. The existing dwelling is considered to be a good example of vernacular dwelling in the rural area. The proposed development by reason of its siting and form is considered out of keeping and fails to integrate with the highly sensitive character of the immediate surrounding rural 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 to the policies and provisions of the Meath County Development Plan 2021-2027 and thereby contrary to the proper planning and sustainable development of the area.
2. It is a policy (RD POL 9) of the Meath County Development Plan 2021-2027, “To require all applications for rural houses to comply with the ‘Meath Rural House Design Guide”. Having regard to the siting and nature of the mobile home to be retained, it is considered that the development constitutes a substandard and temporary form of development that is out of character with the immediate surrounding rural area and would form a visually obtrusive feature, which would not respect and integrate with the surrounding landscape and would seriously injure the residential amenities of occupants of the structure, and would set an undesirable precedent for similar forms of development. Accordingly, to permit the proposed development would be contrary to the aforementioned policy provisions of the Meath County Development Plan 2021-2027 and thereby be contrary to the proper planning and sustainable development of the area.

Refusal reason evidence not yet indexed.

1. It is considered that the proposed development, by reason of its siting, design and form, on a site, in respect of its elevational/fenestration treatment, the internal functionality, footprint, and its siting within an exposed landscape would fail to integrate appropriately within the surrounding landscape. The development as proposed represents a visually un-integrated design solution, not reflective of the quality design encouraged in the County Development Plan. The proposal as such falls short of design standards and is considered incongruous within the landscape, would seriously injure the visual amenities of the area and depreciate the value of properties in the vicinity. Accordingly, the proposed development is contrary to policy CPO 16.32, CPO 16.33 and CPO 16.34 of the Westmeath County Development Plan 2021 -2027, Westmeath Rural Design Guide (2005), and if permitted would set an undesirable precedent for similar development of this type in the future and would therefore be contrary to the proper planning and sustainable development of the area.
2. In the absence of satisfactory documentation to the contrary, i t is considered that the development would constitute undesirable haphazard development by virtue of its entrance onto the public road would endanger public safety by reason of a traffic hazard due to the unavailability at the proposed entrance of satisfactory sightlines and would interfere with the safety and free flow of traffic at a point where the maximum speed limit applies. Accordingly, t he proposed development is contrary to policy objective CPO 10.52 of the Westmeath County Development Plan 2021-2027, which seeks to safeguard the carrying capacity and safety of the County’s local road network, policy objective CPO 16.33 to provide unobstructed sight distances of 90m from vehicular entrances onto the local road network and policy CPO 9.17 to ensure that the traffic movements generated by the development will not give rise to a traffic hazard.

Refusal reason evidence not yet indexed.

1. The proposed development is located within a ‘Low Development Pressure Area’ 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 the applicant has failed to provide robust evidence to support this requirement, as they presently are in the ownership of a dwelling in which they reside, 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 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. Having regard to the failure of the particulars submitted with the application to demonstrate achievable visibility splays in accordance with the requirements the Local Planning Authority, the Planning Authority is not satisfied on the basis of the information submitted that safe visibility splays can be provided in each direction to the required standards. Accordingly, to permit the proposed development would endanger public safety by reason of a traffic hazard, would be contrary to 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.

Refusal reason evidence not yet indexed.

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. It is the policy of the Council under RD POL 9 of the Meath County Development Plan 2021- 2027 ‘to require all applications for rural houses to comply with the Meath Rural House Design Guide’. Having regard to the elevated nature of the application site and design and appearance of thproposed development in particular the excessive height it is considered that the proposed development by reason of its siting, design, and layout would result in a strident and obtrusive physical development prominent in the landscape when viewed from the public road. In addition, it would set an undesirable precedent of a disorderly form of physical development currently free of development into the host environment in a manner seriously injurious to visual amenity of the rural landscape.
3. The proposed development would involve the creation of a new vehicular entrance onto the L‑2807 -0 public road where adequate traffic sightlines have not been demonstrated. In particular, the applicant has failed to provide unobstructed sightlines of 90 met res in both directions, measured to the nearside edge of the road from a set‑back of 2.4 metres, as required for a road with a 60 km/h speed limit. Furthermore, the entrance layout does not adequately demonstrate compliance with TII document DN‑GEO‑03060 and the Meath Rural Design Guide, including requirements relating to sight distance, entrance geometry, and the positioning of gates and entrance piers. In the absence of satisfactory sightlines and a compliant entrance design, the proposed development would endanger public road users by reason of traffic hazard and obstruction of visibility and would therefore be contrary to the proper planning and sustainable development of the area.
4. The proposed development would involve the removal of substantial sections of front boundary/hedgerow to facilitate the domestic entrance. The Planning Authority actively discourages hedgerow removal in accordance with HER POL 37 of the Development Plan. The proposed development would therefore be contrary to policy HER POL 37 of the Meath County Development Plan 2021-2027, would set an undesirable precedent for similar type future development, would mitigate against the preservation of the rural environment, and would be contrary to the proper planning and sustainable development of the area.

It is considered that the dwellings to be retained, by reason of bulk, scale, height and relationship to neighbouring houses, would, given difference in site levels, constitute an over-dominating presence in relation to adjoining residential property which would seriously injure the residential amenities of the area by reason of visual obtrusiveness and over-bearing impact. Retention of the development as constructed would, therefore, be contrary to the proper planning and sustainable development of the area.

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

Refusal reason evidence not yet indexed.

1. 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 15.9.2 (Site Selection and Design Guidelines), Table 15.3 (Guidelines for Siting and Designing a Rural House in the Vernacular Style) and Policy RSDP 1 seek to ensure that sites are suitable for the scale and nature of development proposed. The scale and extent of development proposed is excessive relative to the size and configuration of the application site. Having regard to the constrained nature of the site, the proposed dwelling, garage, amenity areas, access arrangements, wastewater treatment infrastructure and associated site works would result in an unsatisfactory form of development that fails to demonstrate a satisfactory relationship between the proposed development and the site available. Accordingly, the development would, if permitted, be contrary to Section 15.9.2, Table 15.3 and Policy RSDP 1 of the Monaghan County Development Plan 2025-2031 and be contrary to the proper planning and sustainable development of the area.
3. 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.

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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 and neither, therefore, have substantial works been carried out on site. As such, 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. The subject site is located in an area that is upland in nature and isolated from existing clusters of development. It is a policy of the Planning Authority (Policy RH -P-9, County Development Plan 2024-2030) that proposals for individual dwellings shall be subject to the application of Best Practice in relation to the siting, location and design of rural housing - which in turn requires that new buildings in the countryside respect the rural context and demonstrate an informed use of traditional reference. The dwelling proposed is 2 storey and o f a rectangular form with suburban design features that is inconsistent with the general character of the scenic area. It is located on an elevated site that is visually dominant in the local landscape. Accordingly, to permit the development as submitted would create an undesirable policy precedent for similar one-off developments that have the potential to be severely detrimental to preservation of scenic amenities in the rural area and would therefore be contrary to the provisions of the County Donegal Development Plan 2024 -2030 and contrary to the proper planning and sustainable development of the area.
2. It is a policy of the County Donegal Development Plan 2024-2030 ‘To preserve the views and prospects of special amenity value and interest as identified on Map 11.1’ (Policy L- P-7 refers). The subject site falls within the vista from the viewing point from the south west and having regard to the elevated nature of the site and suburban design and scale of the proposed dwelling, it is considered that to permit the development as submitted would be visually detrimental to the protection of the scenic view and would therefore be contrary to the provisions of the County Donegal Development Plan 2024- 2030 and contrary to the proper planning and sustainable development of the area.
3. The subject site is accessed by an agricultural laneway that is of narrow width and steep gradient. The laneway that accesses the subject site is extremely restricted in width and runs north–south along a steeply sloping hillside. The lane crosses the Murl in River by means of a bridge. No details have been submitted with regard to the structural integrity of the bridge or if Section 50 consent has been received from the Office of Public Works. It is considered that the existing lane and bridge, in the absence of any structural details or proposals for improvements to same, lack s the necessary width and capacity to accommodate construction machinery and to provide for adequate passing space for existing and future vehicles. To permit the development as submitted would contravene Policy RH-P-9 (b) (iii) that requires that ‘ the site access/egress being configured in a manner that does not constitute a hazard to road users or significantly scar the landscape’, create an undesirable precedent for similar developments in the area and be contrary to the proper planning and sustainable development of the area.

1. Having regard to the apparent evidence and confirmation of commercial use of the structures proposed for retention and their intrinsic connection with the larger site of which the application unit forms part and which includes unauthorised development, it is considered that the proposed development would potentially result in the consolidation and intensification of unauthorised development. Therefore, it is considered by the Planning Authority that the proposed development would, if permitted, perpetuate a nd intensify existing unauthorised development on site and it would be inappropriate for the Planning Authority to consider a grant of permission for the proposed development in such circumstances.
2. The Planning Authority considers that the development type cannot be accommodated in a rural location with regards to satisfying requirements under DM Standard 13: Agricultural Buildings, DM Standard 17: Rural Enterprise, policy objectives CD1: Rural Enter prises and RD1: Rural Enterprise Potential of the Galway County Development Plan 2022 -2028. The principle of the proposed development is therefore not considered acceptable at this location.
3. In the absence of a detailed storm management strategy for the development, including a satisfactory surface water layout for the subject site, the Planning Authority considered that the development would contravene Policy Objective WW7 and Policy Objective WW8 of the Galway County Development Plan 2022 -2028 and would be contrary to the proper planning and sustainable development of the area.
4. Having considered the planning history on site, no evidence of the nature, storage, condition, capacity and functionality of the existing effluent treatment system and how this affects the proposed development has been provided with this application. Accor dingly, to grant the proposed development would be prejudicial to public health, would be contrary to Objective WW6 and DM Standard 38 of the Galway County Development Plan 2022 -2028, would pose an unacceptable risk to receiving waters, and be contrary to the proper planning and sustainable development of the area.
5. The proposed development access points onto/from public local road network where considerations of public road capacity, width, alignment, surface and structural condition/composition of this pavement, in conjunction with future maintenance requirements, would render the road network or any part of it, unsuitable to carry the additional HGV traffic likely to result from the proposed development. These matters, in conjunction with the suitability of the proposed external and internal traffic circulation regi me and the potential for conflicting traffic movements to occur directly and indirectly to the LS 7229 due to restricted vehicle manoeuvrability within and adjoining the site which may negatively impact public road and vulnerable road users’ safety. It is considered that if permitted as proposed that the development would endanger public safety by reason of traffic hazard, obstruction of road users or otherwise, contrary to CDP policy objectives NNR2, and DM Standards 28, and DM standard 33a of the Galway County Development Plan 2022-2028.

1. Having regard to an insufficient planning justification for the proposed development as submitted with the application demonstrating how the proposed development would adhere to the relevant policies and objectives of the Meath County Development Plan, 2021-2027, (RUR DEV SO 1 and RUR DEV 10) it is considered that the applicant has not sufficiently demonstrated that the proposed development is in accordance with the proper planning and sustainable development of the area. Accordingly, to grant the development, as proposed, would seriously injure the residential amenities of the adjacent properties, would depreciate the value of properties in the vicinity, would materially contravene said policies of the County Development Plan, and would be contrary to the proper planning and sustainable development of the area.
2. The proposed development would result in the creation of an additional vehicular access onto the R-163 Regional Road which is identified as a Strategic Corridor in the CDP. The unnecessary proliferation of accesses onto this strategic route would increase traffic conflict points and prejudice the safe and efficient operation of the public road.

Having regard to Section 42(1)(c)(ii) of the Planning and Development Act 2000 (as amended), the Planning Authority is not satisfied that substantial works were carried out pursuant to planning permission during the appropriate period. The statutory requirements necessary to permit an Extension of Duration have therefore not been complied with and the application is refused.

1. It is an objective (DM OBJ 11) of the Meath County Plan 2021 – 2027 to require “Existing trees and hedgerows of biodiversity and/or amenity value shall be retained, where possible” and a policy (RD POL 9) “To require all applications for rural houses to comply with the ‘Meath Rural House Design Guide’”. The proposed boundary fence and by reason of its design, appearance and siting along the adjoining road would be out of keeping with the rural character of the surrounding area and would have a harmful impact on the visual amenity of the surrounding area and would establish an undesirable precedent for similar types of developments. It is considered that the proposed development would conflict with the policies and objectives of the Meath County Development Plan 2021-2027 and with the provisions of the Meath Rural House Design Guide, would establish an undesirable future precedent and would be contrary to the proper planning and sustainable development of the area.
2. It is a policy of the Meath County Development Plan 2021 -2027, “ To encourage the retention of hedgerows and other distinctive boundary treatments in rural areas and prevent loss and fragmentation, where practically possible. Where removal of a hedgerow, stone wall or other distinctive boundary treatment is unavoidable, mitigation by provision of the same type of boundary will be require” (HER POL 37) and “To discourage proposals necessitating the removal of extensive amount of trees, hedgerows and historic walls or other distinctive boundary treatments”. (HER POL 53). The proposed removal of c. 60m of hedgerow and the erection of a 2.1m fence is considered to be in contrast to the aforementioned policy and will result in fragmentation of hedges and trees. To permit the proposed development would contravene the policy and objective of the Meath County Development Plan 2021 – 2027 and would thereby establish an undesirable future precedent and would be contrary to the proper planning and sustainable development of the area.
3. It is a policy of the Meath County Development Plan 2021- 2027, “To require all applications for rural houses to comply with the ‘Meath Rural House Design Guide”. (RD POL 9). The applicant has not provided suitable detail relating to the proposed finish of the existing dwelling by way of a sample of the proposed stone finish. It is therefore considered that to permit the proposed development would contravene the aforementioned policy of the Meath County Development Plan 2021 - 2027 and seriously injure the amenities in the vicinity and would thereby be contrary to the proper planning and sustainable development of the area.
4. The applicant has not demonstrated that unobstructed sightlines in accordance with TII document DN - GEO-03060 can be provided from the existing entrance following the proposed works. The development, if permitted, would endanger public safety by reason of traffic hazard, would set an undesirable precedent 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.