Refusal decisions · 10 August–16 August 2026

The council’s formal grounds for this decision. Planner assessment and later appeal outcomes are separate.

1. Having regard to the existing pattern of development and the established scale of building in the area, the proposed development would, by reason of its inappropriate scale, orientation and relationship to dwellings to the south of the site, constitute an inappropriate form of infill development, be overbearing in relation to existing dwellings and visually obtrusive, impacting on the character of the area and set an undesirable precedent for the area. The proposed development would, therefore, be contrary to the Zoning Objectives ZO1.1 and ZO 1.2 of the Cork City Development Plan 2022 as it would seriously injure residential amenity and the character of the area. It is therefore contrary to the proper planning and sustainable development of the area.

   Official final decision · PDF page 2

2. The proposed development is in a sensitive location as it forms part of the Wellington Road and Saint Luke’s Architectural Conservation Area and would replace an existing ancillary building serving 1 Kimberley Villas, which is recorded on the National Inventory of Architectural Heritage (NIAH; Reg. 20863051). It is considered that the proposed development, by reason of its height, form, composition, design and massing, would materially and adversely affect the character of the Wellington Road and Saint Luke’s Architectural Conservation Area and the setting and character of 1 Kimberley Villas, an NIAH structure. It would, therefore, not be in accordance with Strategic Objective 7 and Objectives 8.20, 8.22 & 8.23 of the Cork City Development Plan 2022-2028 or the Architectural Heritage Protection Guidelines for Planning Authorities (2011) by the Department of Arts, Heritage and the Gaeltacht, and would be contrary to the proper planning and sustainable development of the area.

   Official final decision · PDF page 2

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The council’s formal grounds for this decision. Planner assessment and later appeal outcomes are separate.

1. The proposed development is for residential development in an area which is at risk of flooding. Having regard to the nature of the proposed use and the provisions of the Cork County Development Plan in relation to development proposals in areas at risk of flooding (and the national guidelines on Flood Risk Management) it is considered that, in the absence of adequate robust information relating to the risk of flooding, analysis of such risk, and appropriate mitigating measures to address the risk including uncertainty regarding the adequacy of the finished floor levels, the applicant has failed to demonstrate adequate mitigation of flood risks as such it is considered contrary to the proper planning and sustainable development of the area.

   Official final decision · PDF page 3

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The council’s formal grounds for this decision. Planner assessment and later appeal outcomes are separate.

1. It is a stated objective of the Cork County Development Plan 2022, as set out in Objectives RP 5-22 and GI 14-9 to ensure that new dwelling houses respect the character, pattern and tradition of existing places, materials and built forms and that new dwellings are appropriately sited to integrate and fit appropriately into the rural landscape. Having regard to the scale, design, form, bulk, and height of the proposed dwelling, the Planning Authority considers that the proposed dwelling would fail to respect the character of the rural area, would give rise to a visually obtrusive and dominant feature, would seriously detract from the visual amenities of the area and would fail to integrate appropriately with the received rural landscape. The proposed development would, therefore, be contrary to the Objectives RP 5-22 and GI 14-9 of the Cork County Development Plan 2022 and would be contrary to the proper planning and sustainable development of the area.

   Official final decision · PDF page 2

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The council’s formal grounds for this decision. Planner assessment and later appeal outcomes are separate.

1. The proposed development will result in traffic queuing on the Midleton Northern Relief road to access the subject development. This is an important transport corridor needed to cater for larger residential expansion in the area. While the submitted traffic assessment may on its own allow for mitigations to accessing the subject site, it is likely to impact on the enduring function of the relief road as an essential transport corridor for existing and future planned development. Accordingly the proposed development, if permitted, would endanger public safety by impacting the free flow of traffic and causing the obstruction of road users.

   Official final decision · PDF page 2

2. The proposal involves the development of a drive through coffee kiosk on lands zoned “Business and General Employment” and “Existing Mixed/General Business/Industrial Uses” under the provisions of the County Development Plan (CDP) 2022. Policy objective ZU 18-17 seeks to ‘promote the development of town centres and neighbourhood centres as the primary locations for retail and uses of this nature that provide goods or services principally to visiting members of the public. Similarly. S 3.3.63 of the CDP identifies “Midleton T -01 as the priority area for new retail uses..”. Having regard to the zoning objective for the site, policy objective ZU 18-17 and having regard to the location of the proposed development outside of town centre or designated retail/neighbourhood areas, it is considered that the proposal, if permitted would constitute an inappropriate departure from the core zoning objective. The granting of permission for this use at this location will create an undesirable precedent for similar type developments which cumulatively, would be likely to conflict with town centre policy ZU 18-17 which seeks to ensure the vitality and viability of the town centre, would generate addition car orientated trips on the road network not designed for this purpose. The proposals therefore conflicts with the proper planning and sustainable development of the area.

   Official final decision · PDF page 2

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The council’s formal grounds for this decision. Planner assessment and later appeal outcomes are separate.

1. The proposed site is in a visually sensitive prominent location in an area designated in the Cork County Development Plan 2022 as an area of High Value Landscape and having regard to the elevated and exposed nature of the subject site and the scale of the dwellinghouse and garage, it is considered that the proposed development would form an unduly obtrusive feature in the landscape and would be injurious to the visual and scenic amenities of the area. It is considered that the proposed development would materially contravene policy objective RP 5-22 and GI 14-9 of the Cork County Development Plan 2022 which seek to encourage new dwelling house design that fit appropriately into the landscape and to protect the visual and scenic amenities of County Cork’s built and natural environment. The proposed development would therefore be contrary to the proper planning and sustainable development of the area.

   Official final decision · PDF page 2

2. The proposed site is located in a Rural Area under Strong Urban Influence as set out in the Cork County Development Plan 2022. The proposed development when taken in conjunction with existing development in the vicinity, would constitute an undesirable excessive concentration of suburban type of development in a rural area. The intensification of such a pattern of development, would militate against the preservation of the rural environment and lead to demands for the uneconomic extension of public facilities to the area. The proposed development would therefore not be in accordance with the Sustainable Rural Housing Guidelines published by the Department of the Environment, Heritage and Local Government (2005) and Section 5.6.3 of the Cork County Development Plan 2022 and would be contrary to the proper planning and sustainable development of the area.

   Official final decision · PDF page 2

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The council’s formal grounds for this decision. Planner assessment and later appeal outcomes are separate.

Source note: Open the official case catalogue for 26/60513 and select Notification of Decision RP dated 13 August 2026 (CEO 2026PH2240). The quoted reasons are on PDF page 2; the source document SHA-256 is retained.

1. It is a policy of the County Donegal Area Plan 2024-2030 (as varied) (Policy L-P-2 refers), ‘To protect areas identified as ‘High Scenic Amenity’ on Map 11.1 ‘Scenic Amenity’. Within these areas, only development of a nature, location and scale that integrates with, and reflects the character and amenity of the landscape may be considered, subject to compliance with other relevant policies of the Plan.’ It is a further policy (Policy L-P-3) ‘To safeguard the scenic context, cultural landscape significance, recreational/tourism amenities, and environmental amenities of the County’s coastline from inappropriate development’. On the basis of the information submitted, in particular having regard to the limited size of landholding, the failure of the application to evidentially demonstrate supporting documentary evidence of a bona fide agricultural activity or need for an agricultural shed at this sensitive and scenic location and to the isolation of the subject site from any associated agricultural farmyard complex, the Planning Authority considers that the proposed development would constitute a disorderly and unjustified form of development in this designated High Scenic Amenity rural area. Accordingly, the proposed development would, if permitted, set an undesirable precedent for similar types of disorderly development which would, thereby, be contrary to the proper planning and sustainable development of the area.

   Official case file · decision PDF page 2

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The council’s formal grounds for this decision. Planner assessment and later appeal outcomes are separate.

Source note: Whole ground 1 is withheld because it contains private personal housing circumstances. Grounds 2–5 are reproduced in full from the final refusal decision dated 13 August 2026. This is an incomplete public ground set. Open the official case catalogue for 26/61160 and select Notification of Decision RP dated 13 August 2026, Chief Executive’s Order 2026PH2248; the quoted reasons are on PDF pages 2–3.

2. The proposal is contrary to Policy RH-P-9 of the County Development Plan, 2024- 2030 (as varied) in that the design of the proposed dwelling is inappropriate for the site and its locality and, if granted, would result in the imposition of a non-traditional form of development which would be out of character with the established adjacent development and would impact the visual and scenic amenities of the surrounding area, particularly having regard to the proposed external finishes i.e. corrugated walls to upper elevations and roofing. Accordingly, to permit the development as proposed would materially contravene the aforementioned Policies of the Plan and would therefore be contrary to the proper planning and sustainable development of the area.

   Official case file · decision PDF page 2

3. It is a Policy of the Planning Authority (Policy RH-P-9, County Development Plan 2024- 2030 (as varied)) that, inter alia, ‘Proposals for individual dwellings shall provide for the safe and efficient disposal of effluent in a manner that does not pose a risk to public health and accords with Environmental Protection Agency codes of practice’. Having regard to the inadequacy of information submitted in respect of the application in relation to adjoining wastewater treatment facilities serving the existing dwelling on site the Planning Authority is not satisfied on the basis of the information submitted that the subject site can cater for the safe and effective treatment and disposal of effluent in accordance with the necessary standards. Accordingly, to permit the proposed development may be prejudicial to the delivery of safe and effective arrangements for the treatment and disposal of effluent generated by the adjoining dwelling house and would therefore be contrary to the proper planning and sustainable development of the area.

   Official case file · decision PDF page 2

4. Having regard to the failure of the subject application to demonstrate that storm/surface waters can be appropriately collected, managed and disposed of to an appropriate final discharge point and any details regarding the proposed private well nor any adjoining private wells, the Planning Authority is not satisfied that the proposed development would accord with Environmental Protection Agency codes of practice and accordingly, to permit the proposed development would be prejudicial to public health and the proper planning and sustainable development of the area.

   Official case file · decision PDF page 3

5. The subject site is located on low-lying lands in close proximity to the Deele River and it is a policy of the Council. “ To only permit development where flood or surface water management issues can be successfully addressed and/or where there is no unacceptable residual flood risk for the development, its occupants and/or private property or public infrastructure elsewhere within the catchment. ” (Policy F-P-1 of the County Donegal Development Plan (2024-2030 (as varied)). The Flood Risk Maps have identified the site within Flood Zone A (See Appendix A) which indicates that the subject site may be at high risk of fluvial flooding. The Planning Authority is not satisfied that the proposed development would not be at risk of flooding or meet the criteria for appropriate development as required through a Justification Test/Flood Risk Assessment. Accordingly, to permit the development on the basis of the information submitted in support of the application would be contrary to the aforementioned policies of the County Donegal Development Plan (as varied) and thus be contrary to the proper planning and sustainable development of the area.

   Official case file · decision PDF page 3

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The council’s formal grounds for this decision. Planner assessment and later appeal outcomes are separate.

Source note: Whole ground 1 is withheld because it contains private personal housing circumstances. Grounds 2–4 are reproduced in full from the final refusal decision dated 13 August 2026. This is an incomplete public ground set. Open the official case catalogue for 26/61203 and select Notification of Decision RP dated 13 August 2026, Chief Executive’s Order 2026PH2231; the quoted reasons are on PDF page 2.

2. Having regard to the location of the site just outside of the settlement framework, the extent of existing and permitted dwellings in the immediate vicinity of the application site, and the infill opportunities that exist within close proximity of the site within the settlement framework, it is considered that the proposal would contribute to an excessive density of development of a suburban scale in an unserviced rural area, which is designated as a rural area under Strong Urban Influence. To permit the proposed development would result in further expansion of a suburban pattern of development, and would set an undesirable precedent for further development along this road frontage which would further erode the rural character of the area, and materially contravene Policies RH-P-9 of the County Development Plan 2024 -2030 (as varied) and the objectives of National Planning Policy and would thereby be contrary to the proper planning and sustainable development of the area.

   Official case file · decision PDF page 2

3. Having regard to the fact that the subject site is currently served by a private access road, the Planning Authority is not satisfied on the basis of the information submitted that the applicant has sufficient legal interest to access the site. Accordingly, to permit the proposed development would be contrary to the proper planning and sustainable development of the area.

   Official case file · decision PDF page 2

4. The Planning Authority is not satisfied on the basis of the information submitted that the applicant has sufficient legal interest to apply for planning permission on the subject site. Accordingly, to permit the proposed development would be contrary to the proper planning and sustainable development of the area

   Official case file · decision PDF page 2

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The council’s formal grounds for this decision. Planner assessment and later appeal outcomes are separate.

1. The Planning Authority considers that the proposed development, comprising the retention of a relocated car wash facility to the rear of the existing service station, would result in an intensification of use of both the existing vehicular egress from the site onto The Lane at the rear of the subject site and the junction of The Lane with Westminster Court, Brighton Road, Foxrock. Having regard to the substandard visibility available to vehicles exiting at both locations, the Planning Authority considers that the increased traffic movements generated by the development would endanger public safety by reason of traffic hazard and obstruction to road users. The proposed development would also set an unwelcome precedent for future intensification of use of a restricted vehicular access onto Brighton Road and would, therefore, be contrary to the proper planning and sustainable development of the area. The proposed development would therefore conflict with and therefore does not accord with Section 12.4.8 of the County Development Plan 2022-2028 regarding Vehicular Entrances and Hardstanding Areas.

   Official final decision · PDF page 2

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The council’s formal grounds for this decision. Planner assessment and later appeal outcomes are separate.

1. The subject site within the “HA” High Amenity zoning objective, is within the Liffey Valley Special Amenity Area Order (SAAO), is within a Highly Sensitive Landscape, and in a Preservation of Views area, having regard to the Fingal Development Plan 2023-2029. The freeform stretch tent supported by 12 no. posts (canopy structure) by virtue of its size and design is a visual form of incremental intensification of the beer garden serving Strawberry Hall pub which materially urbanises and visually intrudes upon the protected landscape. In this regard, the development visually interferes with the “HA” High Amenity area, the Preservation of Views along Lower Road and the natural interest and beauty of the sensitive landscape associated with the special amenity value protected under the Liffey Valley Special Amenity Area Order (SAAO). The development is considered visually disharmonious and results in incremental inappropriate development contrary to Policies GINHP26, GINHP27, GINHP28 and Objective GINHO67 of the Fingal Development Plan 2023-2029 and will set an inappropriate precedent for other similar forms of development. The development is therefore contrary to the proper planning and sustainable development of the area.

   Official final decision · PDF page 2

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The council’s formal grounds for this decision. Planner assessment and later appeal outcomes are separate.

1. The proposed development, if permitted, would materially contravene Section 14.10.3 Policy SPQHP42 & Objective SPQHO46 of the Fingal Development Plan 2023-2029. The proposal fails to demonstrate the need for a family flat and would result in a large, 2-storey structure which would not be considered subservient to the existing dwelling on site and would not be easily subsumed back into the main property when no longer needed as a family flat. The proposed family flat, by reason of its size, design and level of independence from the main dwelling, would constitute a separate residential unit. To permit the development would set an undesirable precedent which when considered cumulatively would be contrary to the GB Zoning Objective which seeks to ‘Protect and provide for a Greenbelt’, and as such would be contrary to the proper planning and sustainable development of the area.

   Official final decision · PDF page 9

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The council’s formal grounds for this decision. Planner assessment and later appeal outcomes are separate.

1. The Galway City Development Plan 2023 – 2029, under Policy 3.6 Sustainable Neighbourhoods: Inner Residential Areas, states it is the policy to: “Protect the quality of inner residential areas including Claddagh, Shantalla and Newcastle (to Quincentenary Bridge) by ensuring that new development through consolidation, infill and redevelopment does not adversely affect their character and has regard to the prevailing pattern, form and density of these areas”. In this case the two storey extension positioned on a corner site along with a roof design and material out of keeping with the area, is located within direct views of all persons/traffic and has breached the established building line, if permitted, the extension would be an obtrusive feature positioned beyond the front building line of the dwellings to the north, would be a prominent negative visual feature within an established housing estate area and would be considered to be such a scale, and position to be out of character with the established residential area, would adversely impact upon the residential amenities of the area and be contrary to the policies of the Galway City Development Plan 2023 – 2029.

   Official final decision · PDF page 2

2. No permission exists or has been applied for, for the use of the proposed extension as a self- contained unit on the site, any consideration of a grant of permission for this extension to the dwelling would, due to the internal layout proposed, facilitate the future unauthorised development of a self-contained unit, and would, therefore, be contrary to the proper planning and sustainable development of the area.

   Official final decision · PDF page 2

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The council’s formal grounds for this decision. Planner assessment and later appeal outcomes are separate.

1. The Planning Authority note that planning permission ABP-310348-21 is an amendment permission to parent planning permission ABP-304928-19. Therefore, it is not capable of execution independent of ABP-304928-19. The Planning Authority also note that ABP-304928-19 has not been subject of an extension of duration permission nor is there any application before the planning authority for same. Therefore, the planning authority consider that the development cannot be completed within a reasonable time as required under Section 42 (1) (a) (i) (IV) of the Planning and Development Act, 2000 (as amended), as it is seeking extension of the appropriate period of ABP-310348-21 beyond the expiry of the associated parent permission ABP-304928-19, and which would amount to unauthorised development.

   Official final decision · PDF page 1

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The council’s formal grounds for this decision. Planner assessment and later appeal outcomes are separate.

1. The Planning Authority noting the nature of the proposed expansion, the proximity of the development setting to the natura setting and the lacunae associated with the Appropriate Assessment (Screening) Report submitted from the perspective of (inter alia) surface water infiltration/gravity flow implications and the absence of a bespoke/customised construction (traffic) and environmental management practices and procedures to be employed on site during the construction phase, the proposed development is considered to have potential to result in an adverse impact on the Twelve Bens/Garraun Complex SAC (Site Code 002031) designation. Having regard to the aforementioned, and considering the precautionary principle, the Planning Authority is therefore not satisfied that the proposed development would not result in adverse impacts on the Special Area of Conservation. Therefore, if permitted as proposed, the Planning Authority cannot be satisfied that the proposal will not adversely affect the integrity of the aforementioned designation and to permit the proposal would therefore materially contravene Policy Objectives NHB 1, NHB 2 & NHB 3 and DM Standard 50 of the Galway County Development Plan 2022-2028 and would therefore, be contrary to the proper planning and sustainable development of the area.

   Official final decision · PDF page 2

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The council’s formal grounds for this decision. Planner assessment and later appeal outcomes are separate.

1. The proposed development site is located within a rural area, circa 2km from the settlement of Rosscahill. Having regard to the nature of the proposed use, the unserviced rural setting the environmental management implications associated with the end use, and the site's location within the Lake Environs Landscape, Upper Corrib Environs Unit, which is designated as an area of Iconic Landscape Sensitivity (Class 4), the Planning Authority is not satisfied that the proposed development would accord with the provisions of Policy Objective CD1 Rural Enterprise and DM Standard 17 of the Galway County Development Plan 2022-2028. The Planning Authority considers that the proposed development would constitute an inappropriate form of commercial development in the open countryside, would give rise to undesirable commercially generated traffic movements in the area, and would set an undesirable precedent for similar development in rural areas. The proposed development would therefore be contrary to the proper planning and sustainable development of the area.

   Official final decision · PDF page 2

2. Based on the information received with the planning application, the Planning Authority considers the details submitted insufficient to demonstrate the adequacy of the proposed arrangements for the storage, management and disposal of waste arising from the proposed motor vehicle repair workshop use. To permit the development in the absence of such information would pose a potential risk to the receiving environment and would be contrary to the proper planning and sustainable development of the area.

   Official final decision · PDF page 2

3. The Planning Authority is not satisfied that adequate provision has been made within the site for parking, vehicle storage and circulation associated with the proposed use. In the absence of satisfactory information in this regard, the proposed development would be contrary to Policy Objective CD1 Rural Enterprise and DM Standard 17 of the Galway County Development Plan 2022-2028 and would be contrary to the proper planning and sustainable development of the area.

   Official final decision · PDF page 2

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The council’s formal grounds for this decision. Planner assessment and later appeal outcomes are separate.

1. The proposed vehicular access onto the public road network is deemed unsatisfactory, precluding the provision, and maintenance of a safe and satisfactory means of vehicular access, in conjunction with the absence of satisfactorily demonstrated sightlines. The significant scale of roadside boundary intervention that will be required may negatively impact the public road and in particular vulnerable road users’ safety. Accordingly, 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 NNR2, and DM Standards 28, DM standard 33a of the Galway County Development Plan 2022-2028.

   Official final decision · PDF page 2

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The council’s formal grounds for this decision. Planner assessment and later appeal outcomes are separate.

1. The proposed vehicular access onto the public road network is deemed unsatisfactory, precluding the provision, and maintenance of a safe and satisfactory means of vehicular access, in conjunction with the absence of satisfactorily demonstrated sightlines in particular to right hand turning movements. The significant scale of roadside boundary intervention that will be required, whilst outside the control of applicant may negatively impact the public road and in particular vulnerable road users’ safety. Accordingly, 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 NNR2, and DM Standards 28, DM standard 33a of the Galway County Development Plan 2022- 2028.

   Official final decision · PDF page 2

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The council’s formal grounds for this decision. Planner assessment and later appeal outcomes are separate.

1. The applicant has failed to provide sufficient information to demonstrate a bona fide agricultural need for the proposed agricultural machinery shed. In particular, insufficient information has been submitted regarding the nature and extent of the agricultural enterprise, planning status of existing buildings,the associated landholding, agricultural activities undertaken, machinery requirements, operational need for the proposed structure and lands within the applicant's control. Furthermore, lands under the control of the applicant have not been identified in blue in accordance with Article 22(2)(b)(ii) of the Planning and Development Regulations 2001 (as amended). Having regard to the extent of existing agricultural development on the site, the Planning Authority is not satisfied that the proposed development is required for agricultural purposes. Furthermore, the Planning Authority is not satisfied that the overall layout of the farm complex, including the relationship between the proposed development, the existing residential use and the access arrangements serving the holding, has been adequately demonstrated in accordance with DM Standard 13. The proposed development would therefore be contrary to Policy Objectives AD1 Sustainable Agricultural Practices and AD3 Modernisation of Agriculture Buildings and DM Standard 13 of the Galway County Development Plan 2022-2028 and would be contrary to the proper planning and sustainable development of the area.

   Official final decision · PDF page 2

2. The Planning Authority is not satisfied that adequate and safe access arrangements have been demonstrated for the proposed development. The submitted site layout does not accurately depict the existing access arrangements serving the site and existing vehicular access arrangements observed on site are not fully represented within the application documentation. Furthermore, the access infrastructure serving the proposed development is not wholly contained within the application site boundary and no sightline or visibility splay details have been submitted in respect of the existing entrances onto the N63 National Road. Having regard to the proposed use of the structure as an agricultural machinery shed, the Planning Authority considers that the proposed development would result in increased vehicular and machinery movements onto a National Road where speed limits in excess of 60km/h apply and whereby achievable sightlines have not been demonstrated. In the absence of contrary evidence, the Planning Authority is not satisfied that conflictive movements between agricultural machinery and residential activity within the wider holding can be avoided. Therefore, the proposed development would endanger public safety by reason of traffic hazard, would be contrary to Policy Objective NR4 and DM Standards 13, 27 and 28 of the Galway County Development Plan 2022-2028 and would be contrary to the proper planning and sustainable development of the area.

   Official final decision · PDF page 2

3. Having regard to the nature of the proposed development and the absence of evidence demonstrating the planning status of the existing agricultural buildings, access arrangements, internal access roads and associated infrastructure serving the application site, the Planning Authority is not satisfied that the proposal is functionally independent of existing development whose planning status has not been established. A search of the Planning Authority's records did not identify any planning history associated with the application site and no evidence has been submitted demonstrating that the existing development benefits from planning permission or exempted development status. Therefore, it is considered by the Planning Authority that the proposed development would, if permitted, perpetuate and intensify development whose planning status has not been established to the satisfaction of the Planning Authority and would be contrary to the proper planning and sustainable development of the area.

   Official final decision · PDF page 3

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The council’s formal grounds for this decision. Planner assessment and later appeal outcomes are separate.

1. The Planning Authority are not satisfied that the applicant has satisfactorily demonstrated compliance with Policy Objective RH 1 of the Galway County Development Plan 2022-2028 to develop their first home in a rural area which is under strong urban pressure (MASP). The subject site is located within the Rural Metropolitan Area of County Galway and 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 and Policy Objective RH 1 Rural Housing Zone 1 (Rural Metropolitan Area) of the Galway County Development Plan 2022-2028. Based on the information submitted with the planning application, it is considered that the applicant has not satisfactorily demonstrated that they comply with the requirements of Policy Objective RH 1. Therefore, 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 Objective RH 1 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.

   Official final decision · PDF page 2

2. Having regard to the location of the rear portion of the site within an identified fluvial flood risk area and the principle of avoidance of highly vulnerable development within areas at risk of flooding as set out in the Planning System and Flood Risk Management Guidelines for Planning Authorities, the planning authority is not satisfied that the subject site is not at risk of flooding in the future. In the absence of a flood risk assessment, and in conjunction with the application of the precautionary principle, as set out under the Planning System and Flood Risk Management Guidelines 2009, the Planning Authority is not satisfied that the development if permitted as proposed, would not materially contravene Policy Objective FL 2 and Policy Objective FL 3 of the Galway County Development Plan 2022-2028 and would be contrary to Ministerial Guidelines issued under Section 28 of the Planning and Development Act 2000 (as amended).

   Official final decision · PDF page 2

3. Having regard to the flood risk concerns associated with the site and the potential for direct hydrological connection via surface waters to Lough Corrib SAC and Lough Corrib SPA, the Planning Authority is not satisfied that the proposed development will not adversely affect the integrity of the Lough Corrib SAC and Lough Corrib SPA designated sites during the construction and operational phases. Therefore, if permitted as proposed, the development has the potential to adversely affect the qualifying interests and conservation objectives of protected European sites for flora and fauna and would materially contravene Policy Objective NHB1- Natural Heritage and Biodiversity of Designated Sites, Habitats and Species and NHB 2 - European Sites and Appropriate Assessment and DM standard 50 DM Standard: Environmental Assessments of the Galway County Development Plan 2022-2028 and would be contrary to the proper planning and sustainable development of the area.

   Official final decision · PDF page 2

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The council’s formal grounds for this decision. Planner assessment and later appeal outcomes are separate.

1. The planning authority is not satisfied based on the information received and the lack of justification accompanying the application content that the proposed development would be in accordance with the provisions of Policy Objective AD1 Sustainable Agricultural Practices of the Galway County Development Plan 2022 -2028. The development would therefore if permitted, materially contravene Policy Objective AD 1 and DM Standard 13 of the County Development Plan 2022-2028, would create a precedent for similar future developments in the area, and would be contrary to the proper planning and sustainable development of the area.

   Official final decision · PDF page 2

2. The Planning Authority noting the nature of the proposal and the lacunae associated with waste generated from same, the proposed development is considered to have potential to result in an adverse impact on the localised environment and wildlife. Having regard to the aforementioned, the Planning Authority is therefore not satisfied that the proposed development is in compliance with the European Communities Good Agricultural Practice for the Protection of Waters Regulations (2014) and relevant best practice guidelines. Therefore, to permit the proposal would therefore materially contravene Policy Objective AD 4 of the Galway County Development Plan 2022 -2028 and would be contrary to the proper planning and sustainable development of the area.

   Official final decision · PDF page 2

3. The Planning Authority noting the nature of the proposal and the lacunae associated waste generated from same and the proximity of Lough Corrib SAC to the proposed development and in the absence of an Appropriate Assessment (Screening) Report being submitted, the proposed development is considered to have potential to result in an adverse impact on the Lough Corrib SAC designation. Having regard to the aforementioned and considering the precautionary principle, the Planning Authority is therefore not satisfied that the proposed development would not result in adverse impact on the Special Area of Conservation. Therefore, if permitted as proposed, the Planning Authority cannot be satisfied that the proposal will not adversely affect the integrity of aforementioned designation and to permit the proposal would therefore materially contravene Policy Objective NHB 1, NHB 2 & NHB 3 of the Galway County Development Plan 2022-2028 and would be contrary to the proper planning and sustainable development of the area.

   Official final decision · PDF page 2

4. The Planning Authority noting the nature of the proposal and the lacunae associated waste generated from same and the proximity of Lough Hackett to the proposed development and in the absence of an Ecological Impact Assessment Report being submitted, the proposed development is considered to have potential to result in an adverse impact on the Lough Hackett pNHA designation. Having regard to the aforementioned and considering the precautionary principle, the Planning Authority is therefore not satisfied that the proposed development would not result in adverse impact on the proposed Natural Heritage Area. Therefore, if permitted as proposed, the Planning Authority cannot be satisfied that the proposal will not adversely affect the integrity of aforementioned designation and to permit the proposal would therefore materially contravene Policy Objective NHB 4 of the Galway County Development Plan 2022-2028 and would be contrary to the proper planning and sustainable development of the area.

   Official final decision · PDF page 2, 3

5. To permit the proposal having regard to the following: - the lack of justification for the site selection in the context of possible alternatives, - greenfield/standalone nature of the site and elongated access route serving the proposed development footprint, - elevated siting of the proposed development footprint relative to the public carriageway and existing built form to the north east, - the sheer scale of the proposed structure at 1,728m2, - the unconventional site configuration and the lack of any mature landscaping provision to serve same would result in a built form and use that would not fit appropriately or integrate effectively into this rural setting, and would contravene materially Policy Objective LCM 1 & RD 3 and DM Standard 13 of the Galway County Development Plan. Accordingly, to grant the proposed development would interfere with the character of the landscape, would detract from the visual amenity of the area, would militate against the preservation of the rural environment, would contravene materially development objectives and a development management standard contained in Galway County Development Plan and would be contrary to the proper planning and sustainable development of the area.

   Official final decision · PDF page 3

6. Based on submissions received, the Planning Authority is not satisfied with the proposed development from a road safety perspective by virtue of the lacunae associated with the end use nature of the facility and the scale of the development. Therefore, it is considered that, if permitted as proposed, the development would have potential to endanger public safety by reason of traffic hazard be contrary to DM Standard 13 (c ) & 33 of the Galway County Development Plan 2022 – 2028 and therefore would be contrary to the proper planning and sustainable development of the area.

   Official final decision · PDF page 3

7. In the absence of satisfactory details submitted pertaining to water supply to serve the proposed development on an existing greenfield setting, it is considered that the development if permitted as proposed would pose a serious risk to the public health and would be contrary to Policy Objective WS4 and WS5 and Development Management Standard 36 of the Galway County Development Plan, 2022- 2028 and therefore, would be contrary to the proper planning and sustainable development of the area.

   Official final decision · PDF page 3

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The council’s formal grounds for this decision. Planner assessment and later appeal outcomes are separate.

1. The proposed vehicular access onto the public road network is deemed unsatisfactory owing to the sub optimum horizontal and vertical alignments, precluding the provision, and maintenance of a safe and satisfactory means of vehicular access, in conjunction with the absence of satisfactorily demonstrated sightlines. The significant scale of roadside boundary intervention that will be required, thus an unforgiving roadside, whilst outside the control of applicant may negatively impact the public road and in particular vulnerable road users’ safety. Accordingly, 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 NNR2, and DM Standards 28, DM standard 33a of the Galway County Development Plan 2022- 2028.

   Official final decision · PDF page 2

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The council’s formal grounds for this decision. Planner assessment and later appeal outcomes are separate.

1. Having regard to the provisions of the Galway County Development Plan 2022 – 2028, in particular, Policy Objective CD 1 and DM Standard 17, it is considered that the development proposed, by reason of the nature of unauthorised commercial use carried out thereon, would constitute a substantial scale of development would be more appropriately located on serviced lands within an urban setting. Furthermore, the applicant has not demonstrated that the development will not have a significant adverse impact on the environment. The development would, therefore, materially contravene Policy Objective CD 1 and DM Standard 17 of the County Development Plan 2022 -2028, would create a precedent for similar future developments in the area, and would be contrary to the proper planning and sustainable development of the area.

   Official final decision · PDF page 2

2. Having regard to the existing residential uses in the immediate vicinity of the site and the nature, scale and size of the development, the location of the development within the front garden of an existing dwelling house, the planning authority is not satisfied that the development will not negatively impact on the residential amenity of adjoining properties and the visual and rural amenity of the area, and therefore if permitted the development would result in haphazard and disorderly development, would depreciate the value of property in the vicinity of the site and would be contrary to the proper planning and sustainable development of the area.

   Official final decision · PDF page 2

3. Having regard to the provisions of the Galway County Development Plan 2022 – 2028, in particular, DM Standard 6 and DM Standard 19, it is considered that the development proposed does not meet minimum requirements as set out in the aforementioned standards. Therefore, if permitted as proposed the development would materially contravene Objective DM Standard 6 and DM Standard 19 of the Galway County Development Plan 2022 -2028, would create a precedent for similar future developments in the area and would be contrary to the proper planning and sustainable development of the area.

   Official final decision · PDF page 2

4. The subject site is located along a national road N63 where the 100kph speed limit applies. Notwithstanding the proposal to close the existing entrance and relocate the entrance ( for which permission has not been sought) It is considered that the proposed development would result in an intensification of use of an alternative access onto the N63, from which sight distances are restricted, is at variance with national policy and DM Standard 27 of the Galway County Development Plan 2022- 2028 in relation to the control of development onto national roads and therefore would endanger public safety by reason of traffic hazard or obstruction of road users or otherwise and therefore would be contrary to the proper planning and sustainable development of the area.

   Official final decision · PDF page 2

5. In the absence of satisfactory details submitted with the application relating to the consent from Irish Water to connect to the public water mains to serve the proposed development, it is considered that the development if permitted as proposed would pose a serious risk to the public health of persons occupying the facility, would be contrary to Development Management Standards 19 and 36 of the Galway County Development Plan, 2022-2028 and therefore, would be contrary to the proper planning and sustainable development of the area.

   Official final decision · PDF page 2

6. Based on the information received, the planning authority is not satisfied that surface water generated on site can be satisfactorily disposed of on site. Therefore, if permitted as proposed the development would materially contravene Objective WS7 and DM Standard 19 of the Galway County Development Plan 2022-2028 and therefore would be contrary to the proper planning and sustainable development of the area.

   Official final decision · PDF page 2, 3

7. Having regard to lack of information with regards to satisfactory surface water and waste water treatment and potential impacts during operation phases of the proposed development in conjunction with the location of the subject site within 50m of the River Suck Callows SPA, the Planning Authority are not satisfied that the likely significant effects of the proposed development on European sites can be screened out. Therefore, if permitted as proposed, the planning authority cannot be satisfied that the proposal will not adversely affect the integrity of European sites in view of their conservation objectives of protected European sites for flora and fauna and would materially contravene Policy Objectives NHB1, NHB2 and NHB3 of the Galway County Development Plan 2022-2028 and would be contrary to the proper planning and sustainable development of the area.”

   Official final decision · PDF page 3

8. In the absence of a architectural conservation report with respect to the assessment of the proposed structure to be retained on the protected structure RPS No 3169 – gates/railing, the proposed retention if permitted would be contrary to Policy Objective AH1 and Policy objective AH2 , DM standard 58 and DM standard 59 of Galway County Development Plan 2022-2028 and contrary to the proper planning and sustainable development of the area

   Official final decision · PDF page 3

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The council’s formal grounds for this decision. Planner assessment and later appeal outcomes are separate.

1. Based on the information received, it is considered that the applicants have not satisfactorily demonstrated that they meet with the listed criteria of persons comprising of 'applicant's family, heirs, executors, administrators or persons involved in agricultural related activities in this rural area' in order to fulfill the specific requirements of the enurement condition attached to the parent permission. Furthermore, the applicants have also not satisfactorily demonstrated by means of documentary proof, their permanent residency in the existing property for a continuous duration of seven years. Accordingly, to permit the proposed development in the absence of the aforementioned would materially contravene condition no. 10 (enurement clause) attached to Pl. Ref. 05/4233 and be contrary to the proper planning and sustainable development of the area.

   Official final decision · PDF page 2

2. Based on the information received, the Planning Authority is not satisfied that the safe disposal of domestic effluent on site can be guaranteed. The wastewater treatment report submitted identifies deficiencies in the existing wastewater treatment arrangements and recommends the provision of an upgraded wastewater treatment system and associated percolation area. As these works do not form part of the current application, which seeks retention of the existing wastewater treatment system only, the Planning Authority is not satisfied that compliance with DM Standard 38 and Policy Objective WW6 of the Galway County Development Plan 2022- 2028 has been demonstrated. Accordingly, the proposed development would be prejudicial to public health, would pose an unacceptable risk to receiving waters, and would be contrary to the proper planning and sustainable development of the area. ADVICE NOTE: The applicant is advised that any future planning application would be required on revised site boundaries. Documentary evidence would be required for the purposes of demonstrating compliance with Condition No. 10 attached to Pl. Ref. 05/4233 and demonstrating intrinsic links to the area. The applicant is also advised that, should a new or upgraded wastewater treatment system be proposed, planning permission for same would be required, this would be required to be stated in the statutory notices, and a full Site Characterisation Assessment would be required in accordance with DM Standard 38 of the Galway County Development Plan 2022-2028.

   Official final decision · PDF page 2

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The council’s formal grounds for this decision. Planner assessment and later appeal outcomes are separate.

1. Having regard to the layout of the proposed access road and in the absence of information in relation to the purpose of the proposed road and the nature and volume of traffic likely to be generated, the Planning Authority is not satisfied that the proposed development would not cause a traffic hazard. In addition, having regard to the location of the entrance to the Ring of Kerry Golf Course on to the N70 National Secondary Road at a location where a speed limit exceeding 60kph applies, the additional traffic generated by the proposed development would contravene DoECLG ‘Spatial Planning and National Roads Guidelines for Planning Authorities’. The proposed development would, therefore, be contrary to the proper planning and sustainable development of the area.

   Official final decision · PDF page 2

2. Based on the information submitted, the Planning Authority is not satisfied that the proposed development would not adversely impact on the biodiversity and natural heritage value of the area. In particular, the Planning Authority is not satisfied that the proposal would not result in adverse impacts on the integrity of the ‘Old Domestic Building, Dromore Wood’ Special Area of Conservation (SAC) by way of impact on habitat of potential value to Lesser Horseshoe Bat and on the ‘Kenmare River’ SAC by way of potential for impact on water quality. The proposal would therefore conflict with Development Objectives 11-1, 11-2 and 11-3 of the Kerry County Development Plan 2022- 2028, as varied. It is considered that the proposal is also one, which if permitted, may facilitate a reduction in the general level of broadleaf tree cover in the area, which would be contrary to Development Objectives KCD 11-27 of the Kerry County Development Plan 2022-2028. Accordingly, it is considered that the proposal would be contrary to the protection of the environment and to the proper planning and sustainable development of the area.

   Official final decision · PDF page 2

3. The construction of the proposed access road would adversely impact on the layout of the Ring of Kerry Golf Course which is a valuable tourist and sport/recreational asset. The proposed development would seriously compromise the economic, employment and sporting/recreational benefits of the golf course and would, therefore, be contrary to the proper planning and sustainable development of the area.

   Official final decision · PDF page 2

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The council’s formal grounds for this decision. Planner assessment and later appeal outcomes are separate.

1. Planning permission for the Lackabane Village Residential Estate was granted by An Bord Pleanála under Appeal Reference No PL 08.094974. Condition No 2(b) attached to the grant of planning permission requires that ‘a 45m wide strip of land immediately north of the public road frontage shall be maintained free of housing development’. The proposed development would materially contravene the said Condition No 2(b), would depreciate the value of property in the vicinity and would, therefore, be contrary to the proper planning and sustainable development of the area.

   Official final decision · PDF page 2

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The council’s formal grounds for this decision. Planner assessment and later appeal outcomes are separate.

1. Policy HO P12 of the Kildare County Development Plan 2023-2029 (as varied) seeks to ‘ensure that the siting and design of any proposed dwelling shall integrate appropriately with its physical surroundings. The design of all new dwellings in rural areas should respond sensitively to the characteristics of the receiving environment. New dwellings should blend into and not dominate the local landscape. Proposals must comply with Appendix 4 Rural House Design Guide and Chapter 15 Development Management Standards.’ It is considered that the proposed development, by virtue of the proposed siting and existing site levels, would not successfully integrate with the topography of the area, the established pattern of development or the character and visual amenity of the rural area and environment. The significant level of cut and fill required would seriously injure the rural amenities and character of this area especially having regard to the location of the site within the Naas and Liffey Foothills Landscape Character Area, which is designated with a medium sensitivity. The proposed development would therefore contravene materially Policy HO P12 of the Kildare County Development Plan 2023-2029 (as varied) and if granted, would be contrary to the proper planning and sustainable development of the area.

   Official final decision · PDF page 3

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The council’s formal grounds for this decision. Planner assessment and later appeal outcomes are separate.

1. Policy HO P12 of the Kildare County Development Plan 2023-2029 (as varied) seeks to ‘ensure that the siting and design of any proposed dwelling shall integrate appropriately with its physical surroundings. The design of all new dwellings in rural areas should respond sensitively to the characteristics of the receiving environment. New dwellings should blend into and not dominate the local landscape. Proposals must comply with Appendix 4 Rural House Design Guide and Chapter 15 Development Management Standards.’ It is considered that the proposed development, by virtue of the proposed siting and existing site levels, would not successfully integrate with the topography of the area, the established pattern of development or the character and visual amenity of the rural area and environment. The significant level of cut and fill required would seriously injure the rural amenities and character of this area especially having regard to the location of the site within the Naas and Liffey Foothills Landscape Character Area, which is designated with a medium sensitivity. The proposed development would therefore contravene materially Policy HO P12 of the Kildare County Development Plan 2023-2029 (as varied) and if granted, would be contrary to the proper planning and sustainable development of the area.

   Official final decision · PDF page 3

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The council’s formal grounds for this decision. Planner assessment and later appeal outcomes are separate.

1. Policy HO P11 of the Kildare County Development Plan 2023-2029 (as varied) seeks to facilitate proposals for dwellings in the countryside outside of settlements in conjunction with the Rural Housing Policy Zones map and accompanying Schedule of Category of Applicant and Local Need Criteria. Based on the information submitted with this application, the Applicant has not demonstrated to the satisfaction of the Planning Authority that they have an economic or social need to live in the area, as identified in the Kildare County Development Plan 2023-2029 (as varied) and therefore is contrary to Policy HO P11 of the Kildare County Development Plan 2023-2029 (as varied) and to the proper planning and sustainable development of the area.

   Official final decision · PDF page 3

2. It is the policy of the Kildare County Development Plan 2023-2029 (as varied) under HO P12 to ensure that the siting and design of any proposed dwelling integrates appropriately with its physical surroundings whilst respecting the character of the receiving environment. Given the elevated nature of the site and the excessive requirement for cut and fill it is considered that the proposal is contrary to Appendix 4 of the Rural House Design Guide of the Kildare County Development Plan 2023-2029 (as varied). Having regard to the foregoing, the proposed development contravenes Policy HO P12 and Appendix 4 of the Rural House Design Guide of the Kildare County Development Plan 2023-2029 (as varied), which would be contrary to the proper planning and sustainable development of the area.

   Official final decision · PDF page 3

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The council’s formal grounds for this decision. Planner assessment and later appeal outcomes are separate.

1. The garage, by reason of its floor area and its location in front of the building line of the existing dwelling, would be contrary to the provisions of Section 15.4.13 of the Kildare County Development Plan 2023-2029, which requires that structures of this type be located behind the front building line of the existing dwelling and have a maximum gross floor area of 40m2, and if granted would represent a highly visible structure located in the rural area resulting in a negative impact on the rural character and amenity of the area and would therefore be contrary to the policies and objectives of the Kildare County Development Plan 2023-2029. Furthermore, the garage as currently proposed would materially contravene Condition 2 of Planning Ref. 23/60337 which required the garage to be reduced to 40sqm in size with a maximum height of 5m and repositioned to the rear of the front building line of the dwelling. Accordingly, the proposed development would be contrary to the proper planning and sustainable development of the area.

   Official final decision · PDF page 3

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The council’s formal grounds for this decision. Planner assessment and later appeal outcomes are separate.

1. Pursuant to Section 42(1) of the Planning and Development Act 2000, as amended, it is hereby decided to REFUSE EXTENSION OF DURATION on Planning Reference No. P20/202 because, contrary to requirements, development has not commenced and substantial work have not been carried out. The Planning Authority is statute barred from granting an extension of duration and herewith refuse permission to extend the duration of permission 20/202.

   Official final decision · PDF page 2

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