Refusal decisions · 14–20 Sep 2026

1. The Council’s settlement strategy is to require new housing to locate on designated housing land within the boundaries of settlements, and to restrict rural housing to those with a O housing need based on the core consideration of demonstrable functional social or economic need to live in the open countryside in accordance with the requirements set out es in Table 6.3. The proposed dwelling for retention, for which no previous planning permission os exists, would not represent a necessary dwelling in the rural area and the granting of retention permission for the same would-be contrary provision’s objective 6.41 of the 2022- rp 2028 Wicklow County Development Plan. It is considered that the applicant has failed to demonstrate that they come within the scope of the housing need criteria as set out under Pu Objective CPO 6.41 of the County Development Plan 2022 -2028 due to the lack of documentation submitted in support of their retention application for a house in the rural area. The proliferation of nonessential housing in rural landscape areas erodes the n landscape value of these areas and seriously detracts from views of special amenity value io and would set a precedent for similar type development in the rural area.
2. ct The proposed development would represent consolidation of un-authorised development pe on this site having regard to: ns a) The structure on site which the the subject of this retention planning application and for -I which no previous grant of permission exists and; b) The reference in this planning application to the permitted holiday let to the north of the il nc unauthorized structure as an existing dwelling house, contrary to the terms and conditions of the permission granted under PRR93/46. ou The provision of such a form of development unduly impacts on the amenities of the area C and the amenities of adjoining properties, undermines the planning regulations and would be contrary to the proper planning and sustainable development of the area. y nt
3. The proposed development would be prejudicial to public health because of: ou a) The lack of detail provided showing how the holiday let permitted under PRR93/46 is currently serviced with regard to water supply and wastewater treatment coupled with, C ow b) The over proliferation of on-site effluent disposal systems on this site which increases the likelihood of contaminants reaching ground water and drinking water, through malfunction, lack of maintenance or otherwise. kl ic The granting of planning permission for the proposed development would therefore be W contrary to the proper planning and sustainable development of the area.
4. The proposed development for retention would result in a substandard and haphazard form of residential development due to the lack of private amenity space provided to serve the rural dwelling proposed for retention. The proposed development would therefore be contrary to CPO 6.4 of the Wicklow County Development Plan 2022-2028 which requires that “all new housing developments (including single and rural houses) shall achieve the !y highest quality of layout and design, in accordance with the standards set out in the nl Development and Design Standards (Appendix 1) and the Wicklow Single Rural House Design Guide (Appendix 2)” and contrary to proper planning and development. O es os rp Pu n io ct pe ns -I il nc ou C y nt ou C ow kl ic W

1. Having regard to Objective 6.43 of the County Development Plan 2022-2028 which provides that the conversion or reinstatement of non-residential or abandoned residential buildings ! back to residential use in the rural areas will be supported where the proposed development y nl meets the following criteria: O i. the original walls must be substantially intact – rebuilding of structures of a ruinous nature will not be considered; es ii. buildings must be of local, visual, architectural or historical interest; iii. buildings must be capable of undergoing conversion / rebuilding and their original os appearance must be substantially retained; (a structural survey by a qualified engineer will be required with any planning application); and rp iv. works must be executed in a sensitive manner and retain architecturally important features Pu wherever possible and make use of traditional and complementary materials, techniques and specifications. n It is considered that the proposed development would not accord with this objective given io the ruinous state of the existing structure on site, the evidence that the structure is not ct structurally sound and is not substantially intact. Furthermore, having regard to the size and scale of the extension which is akin to a standalone dwelling, and the required pe excavation / loss of trees, the works could not be considered to be executed in a sensitive manner or respect the visual amenities of the area. The development would therefore ns contravene the provisions of the County Development Plan 2022-2028, would set a precedent for similar haphazard development, would impact on the visual amenities of the -I area and would be contrary to proper planning and sustainable development. il
2. The proposed development would result in the increase in traffic turning movements onto nc the R761 at a point where sightlines are seriously deficient, and where forward/ rear visibility is restricted due to location proimate to bends in the road, therefore, to allow this ou development would result in a serious traffic hazard, would impact on the free flow and safety of traffic on the R761, and would be contrary to proper planning and sustainable C development. y nt
3. Given the size and scale of the extension which is more akin to a standalone dwelling and as the proposed development would not accord with Objective CPO 6.43 of the County ou Development Plan 2022-2028, it is considered that the proposal represents a new dwelling in the rural area. The Council’s settlement strategy is to require new housing to locate on C designated housing land within the boundaries of settlements, and to restrict rural housing to those with a housing need based on the core consideration of demonstrable functional ow social or economic need to live in the open countryside in accordance with the requirements set out in Objective 6.41 Table 6.3 of the Wicklow County Development Plan 2022 -2028. kl The current development would not accord with this objective. ic The proliferation of non-essential housing in rural landscape areas erodes the landscape W value of these areas and seriously detracts from views of special amenity value. The proposed development would therefore be contrary to the proper planning and sustainable development of the area.

1. The newly constructed wastewater treatment system and percolation area installed on site for retention is not functioning correctly, resulting in environmental pollution and a potential public health hazard. The proposed development would therefore be prejudicial to public health and contrary to the proper planning and sustainable development of the area.
2. No site suitability report and no design of the wastewater treatment system was submitted. A full Site Suitability Assessment Report is required to be submitted to include all the requirements under the EPA Code of Practice 2021: Wastewater Treatment and Disposal Systems Serving Single Houses (p.e. <10), 2001. Therefore, the proposed application cannot be properly assessed by the Planning Authority and it is therefore considered that the proposed development would be prejudicial to public health and contrary to the proper planning and sustainable development of the area.
3. The proximity of the perculation area of the wastewater treatment system adjacent to (or within) the Fluvial Flood Zone is considered contrary to the EPA Code of Practice 2021: Wastewater Treatment and Disposal Systems, prejudicial to public health and contrary to the proper planning and sustainable development of the area.
4. Documentation for this Planning Application Ref: 20261019W submitted is considered incomplete and unacceptable and therefore cannot be properly assessed further by the Environment Section.
5. Insufficient details submitted of what purpose the plant room will be used for, therefore the proposed development cannot be properly assessed by the Planning Authority.

1. Based on the documentary evidence provided in support of the application, the applicant has failed to demonstrate compliance with the rural housing policy. The applicant has previously owned a rural dwelling and provided no additional information in relation to this. The applicant has also failed to provide any verified reason to comply with the downsizing policy as set out under Table 4-6 (4d). Therefore, the applicant has failed to adequately demonstrate rural linkage and housing need in accordance with the rural housing policy as set out in Volume 1 Table 4.6 of the Wexford County Development Plan 2022- 2028. The proposal is therefore contrary to the proper planning and the sustainable development of the area.
2. The proposed design of the dwelling is not in accordance with the design criteria as set out under Section 4.9 Housing in the Open Countryside, under Table 4- 6 Definition and Notes, Paragraph 4(d). Therefore, the applicant has failed to comply with the relevant policy as set out in Volume 1 Section 4.9 of the Wexford County Development Plan 2022-2028. The proposal is therefore contrary to the proper planning and the sustainable development of the area.
3. The applicant has not submitted confirmation from Uisce Eireann regarding the feasibility of connecting the proposed development to the public water mains. In the absence of such information, the Planning Authority cannot satisfactorily assess whether an appropriate and sustainable water supply can be provided to serve the development. Accordingly, the Planning Authority is precluded from completing a full assessment of the proposal, and the development is therefore considered contrary to the proper planning and sustainable development of the area.
4. The information submitted in support of the wastewater assessment is insufficient and lacks the necessary clarity to enable a full assessment of the proposal. In particular, the capacity of the proposed wastewater treatment system does not correlate with the scale and occupancy levels associated with the proposed development. Accordingly, the Planning Authority is not satisfied that the site can be adequately serviced and considers that the proposed development would be prejudicial to public health and contrary to the proper planning and sustainable development of the area.
5. Given the proximity of the site to a registered monument, it is a requirement, as expressed by Objective AH05 of the Wexford County Development Plan 2022-2028, Volume One, that an archaeological assessment shall be included with a planning application. No such assessment has been submitted and therefore the proposed development would be contrary to the proper planning and sustainable development of the area.

1. Retention of the self-contained unit would not be in compliance with the Wexford County Development Plan 2022-2028 as: the circumstance of the applicant and relationship with the owners of the main house are not stated; there is no existing or proposed physical link between the unit and the house on the site; the wastewater treatment system as indicated on the submitted drawings does not appear to have been constructed in accordance with that authorised under 20140933. As such the retention of the self-contained unit would be contrary to Objective SH50 of Volume 1 and Section 3.3 of Volume 2 of the Wexford County Development Plan 2022-2028 and to the proper planning and sustainable development of the area.
2. Insufficient information has been submitted with regard to the intended use of the access to be retained and adequate sightlines have not been demonstrated. Furthermore insufficient information has been submitted with regard to surface water management. As such the retention of the access point would be contrary to section 6.2.6 of Volume 2 of the Wexford County Development Plan 2022-2028 and to the proper planning and sustainable development of the area.
3. The concrete wall on the northeastern site frontage has a detrimental impact on the visual amenities of the area. As such the retention of the wall would be detrimental to the proper planning and sustainable development of the area.

Retention has not been sought for a change to a use which has already taken place. The Planning Authority therefore cannot properly determine an application which does not fully and accurately describe the nature of the development on site and for which permission is sought. Planners Note: If the applicant does resubmit a new application, then all relevant information should be submitted relating to the current status of all structures on site. The applicant should make reference to the applicable policies relating to short term lets in rural areas.

1. INTRODUCTION C E IV 1.1 OPERATIONAL WASTE MANAGEMENT PLAN REQUIREMENT E D: 2 1 /1 0 This outline Operational Waste Management Plan (OWMP) has been prepared on behalf of t/h 2 e 0 applicants, Kent Homes Limited, for the proposed development at Ballynageeragh, Dunhill, Waterford. 2 5 This OWMP has been prepared to ensure that the management of waste during the operational phase of the proposed residential development is undertaken in accordance with current legal and industry standards including, the Waste Management Act 1996 (as amended) and associated Regulations, Protection of the Environment Act 2003 (as amended), Litter Pollution Act 2003 (as amended) and all other associated legislation. In particular, this OWMP aims to provide a strategy for storing, handling, collection and transport of the wastes generated at site. This OWMP aims to ensure maximum recycling, reuse and recovery of waste with diversion from landfill, wherever possible. It will be the responsibility of each individual building owner to ensure this OWMP is implemented within the development. All shared waste storage areas are contained either within building footprints or where located adjacent to public areas are appropriately designed to ensure bins are screened from view. A final OWMP will be prepared prior to the commencement of development should a planning permission be forthcoming and any material changes in the proposed operational strategy will be subject to agreement with Waterford City & County Council at project construction and operational stages. The final OWMP should be a working and ever evolving document that reflects changes in waste generation patterns and waste storage requirements. 24043 Ballynageeragh, Dunhill, Waterford October 2025
2. OVERVIEW OF WASTE MANAGEMENT IN IRELAND R E C E 2.1 LEGISLATIVE CONTEXT IV E D The Waste Framework Directive (Directive 2008/98/EC of the European Parliament and of th: e 2 1 Council of 19 November 2008 on waste) is a core component of waste regulations across Europe /1. 0 /2 The Waste Framework Directive, which was transposed into Irish law in 2011 (S.I. No. 126/2011 - 0 2 5 European Communities (Waste Directive) Regulations 2011), encourages the prevention, recycling, and processing of waste. It sets out a Waste Hierarchy which prioritises waste prevention, preparation for re-use, recycling, and energy recovery. The Directive requires Member States to adopt waste management plans and waste prevention programs. A revised Waste Framework Directive (Directive (EU) 2018/851 of the European Parliament, amending Directive 2008/98/EC on waste) was approved by the EU in July 2018 and was transposed into Irish Law in July 2020 through the European Union (Waste Directive) Regulations 2020 (S.I. No. 323 of 2020). The new Waste Framework Directive forms part of the circular Economy Package adopted by the EU requiring Member States to improve their waste management systems, to improve the efficiency of resource use, and to ensure that waste is valued as a resource. Figure 1: EU Waste Hierarchy In Ireland, the primary waste legislation is the Waste Management Act 1996 (as amended) and the Protection of the Environment Act 2003 (as amended). The Waste Management Act (as amended), has been brought into effect by making a series of subordinate regulations, covering a range of 24043 Ballynageeragh, Dunhill, Waterford October 2025 specific waste types such as food waste, electrical and electronic equipment waste, batteries etc. R E The Act has been further amended by enacting regulations, mainly the Waste DirecCtive Regulations E IV which address new EU environmental initiatives and strengthen areas where problems hEave arisen. D: 2 One of the guiding principles of European waste legislation, which has in turn been incorporate1d into /1 0 the Waste Management Act, and subsequent Irish legislation, is the principle of “Duty of Care”. Th/i2s 0 2 implies that the waste producer is responsible for waste from the time it is generated until its legal 5 disposal (including its method of disposal). As it is not practical in most cases for the waste producer to physically transfer all waste from where it is produced to the final waste treatment destination, waste contractors will be employed to physically transport waste to the final waste destination. It is therefore imperative that residential development management companies undertake on-site management of waste in accordance with all legal requirements and employ appropriately authorised waste contractors to undertake off-site management of their waste in accordance with all legal requirements. This includes the requirement that a waste contractor handle, transport, and reuse/recover/recycle/dispose of waste in a manner that ensures that no adverse environmental impacts occur as a result of any of these activities. Each appointed Waste Contractor must hold a valid waste collection permit to transport waste which is issued by the National Waste Collection Permit Office (NWCPO). Waste treatment facilities must also be appropriately permitted or licensed by the Local Authority or Environmental Protection Agency to accept the waste. 2.2 WASTE POLICY IN IRELAND A number of policy documents relating to the management of waste in Ireland have been published since 1998, these include; • Waste Management: Changing Our Ways (1998) • Preventing and Recycling Waste: Delivering Change (2002) • Taking Stock & Moving Forward (2004) • National Strategy on Biodegradable Waste Management (2006) • A Resource Opportunity – Waste Management Policy in Ireland (2012) • A Waste Action Plan for a Circular Economy (2020) 24043 Ballynageeragh, Dunhill, Waterford October 2025 ‘A Waste Action Plan for a Circular Economy: Ireland’s National Waste Policy 2020-2025’ was R E published by the Department of Communications, Climate Action and EnvironmentC in September E IV 2020. This policy document sets out a number of important actions with the aim of tranEsforming D thec urrent economic and waste system from linear to circular. These actions include the fol:lo 2wing; 1 /1 0 • Shift the focus away from waste disposal and treatment to ensure that materials and products /2 0 2 remain in productive use for longer thereby preventing waste and supporting reuse through a policy 5 framework that discourages the wasting of resources and rewards circularity; • Make producers who manufacture and sell disposable goods for profit environmentally accountable for the products they place on the market; • Ensure that measures support sustainable economic models; • Harness the reach and influence of all sectors including the voluntary sector, R&D, producers / manufacturers, regulatory bodies, civic society; and • Support clear and robust institutional arrangements for the waste sector, including through a strengthened role for Local Authorities (LAs) Figure 2: The Circular Economy – National Waste Prevention Programme Municipal Waste is the waste produced by households, and similar waste produced by businesses. Typically, this waste is collected at kerbside and back door, or brought directly to bring banks or civic amenity sites. Municipal waste only amounts to approximately 10% of the waste generated in the EU (Dept. Communications, Climate Action and Environment 2020), but it is complex to manage as it 24043 Ballynageeragh, Dunhill, Waterford October 2025 is comprised of a number of streams such as general waste, mixed dry recycling, and organic waste, R E and it has a large number of producers. C E IV E The municipal waste recycling rate has remained relatively static in Ireland at 41% from 20D12 to: 2 2016, and declined to 40% in 2017, meaning there is still a lot of work to be done to achieve th1e /1 0 2020 target of 50%. In 2017, each person living in Ireland produced, on average, 577 kg of /2 0 2 municipal waste, which is well above the European average of 487 kg. (Dept. Communications, 5 Climate Action and Environment 2020). ‘A Waste Action Plan for a Circular Economy: Ireland’s National Waste Policy 2020-2025’ also provides a number of specific actions relating to Municipal Waste, these include; • Incorporate municipal waste recycling targets as conditions of waste collection permits. • Improve waste segregation in the commercial sector, including an awareness campaign and enforcement actions. • Standardise the colour coding of bins across the State • Ensure that household and commercial waste management will be an operational and enforcement priority for all stakeholders. • Deliver sustained and visible public campaigns, targeting individuals, business and the public sector to encourage waste prevention and recycling. • Revisit the existing national standardised list of items acceptable in the mixed dry recycling bin with a view to expanding the list to capture more recyclable materials. • Examine means to ensure segregated waste receptacles are provided by commercial premises for customers. • Introduce measures to incentivise the prevention and segregation of waste. • Work with relevant stakeholders to improve waste segregation in apartment complexes. • Make the provision of an organic waste bin mandatory as part of a waste collection service for all households. • Develop a quality waste management assurance scheme for businesses to sign up to. • Work with stakeholders to ensure the waste sector is responsive to emerging trends and best practice in waste collection and treatment options. 24043 Ballynageeragh, Dunhill, Waterford October 2025 R E 2.3 WATERFORD CITY & COUNTY COUNCIL DEVELOPMENT PLAN 2022-20C28 E IV The Waterford City & County Development Plan 2022 – 2028 came into effect in 2022 anEd sets out a D number of policies and objectives for the region in line with the objectives of the national wa: s2te 1 /1 management plan. Waste objectives with a particular relevance to the proposed development are0 /2 0 noted in Volume 2 – Development Management Standards: 2 5 Table 3.1 – General Standards for New Residential Development in Urban Areas * An appropriately designated and screened refuse storage and collection points, including provision for recycling and composting storage, should be provided. * Access to these areas and roads within the estate should be suitable for waste collection vehicles. * In the case of communal refuse, recycling and composting storage, the collection WASTE point should be accessible both to the waste collection vehicles and to the resident, and be secured against illegal dumping by non-residents. MANAGEMENT * Refuse storage areas should not be located immediately adjacent to the front door or ground floor window(s), unless adequate screened alcoves or other such mitigation measures are provided. * For individual houses, the applicant/ developer 24043 Ballynageeragh, Dunhill, Waterford October 2025 R
3. PROPOSED DEVELOPMENT E C E IV E Kent Homes Ltd. are applying for planning permission for the construction of a residential dDevelopment: 2 containing 44No. dwelling units comprising of 1 No. 4 bed two-storey detached unit, 15No. 4 be1d two- /1 storey semi-detached units, 17No. 3 bed two-storey semi-detached units, 4No. 2 bed single-storey0 /2 0 detached units, 2No. 2 bed single-storey semi-detached units, 4No. 2 bed two-storey semi-detached 2 5 units and 1No. 2 bed two-storey terrace unit, together with and all associated site development works including, associated car-parking, site landscaping, footpath links to Dunhill village external to subject site, connection to storm and foul services and the construction of a new vehicular entrance to site from L-4009, all at Ballynageeragh, Dunhill, Co. Waterford. 3.1 LOCATION The Site is located on the western outskirts of Dunhill village, Co. Waterford. The site is currently zoned for residential development under the Waterford County Development Plan 2022–2028, within the settlement boundary of Dunhill reference Folio Number is WD13038F. 24043 Ballynageeragh, Dunhill, Waterford October 2025 R E
4. WASTE TYPES C E IV E D 4.1 TYPICAL WATSE TYPES ARISING: 2 1 /1 0 The typical non-hazardous and hazardous wastes that will be generated at the proposed /2 0 2 development will likely include the following: 5 • Dry Mixed Recyclables (DMR) - includes wastepaper (including newspapers, magazines, brochures, catalogues, leaflets), cardboard and plastic packaging, metal cans, plastic bottles, aluminium cans, tins and Tetra Pak cartons; • Organic waste – food waste and green waste generated from internal plants/flowers; • Glass; and • Mixed Non-Recyclable (MNR)/General Waste. In addition to the typical waste materials that will be generated at the development on a daily basis, there will be some additional waste types generated in small quantities which will need to be managed separately including: • Green/garden waste may be generated from internal plants or external landscaping; • Batteries (both hazardous and non-hazardous); • Waste electrical and electronic equipment (WEEE) (both hazardous and non-hazardous); • Printer cartridges/toners; • Chemicals (paints, adhesives, resins, detergents, etc.); • Lightbulbs; • Textiles (rags); 24043 Ballynageeragh, Dunhill, Waterford October 2025 • Waste cooking oil (if any generated by the residents or commercial tenants); R E C • Furniture (and from time-to-time other bulky wastes); and E IV E • Abandoned bicycles D: 2 1 • Clinical Waste /1 0 /2 Wastes should be segregated into the above waste types to ensure compliance with waste 0 2 5 legislation and guidance while maximising the re-use, recycling and recovery of waste with diversion from landfill wherever possible. 4.2 WASTE CODES Correct classification of waste is of the utmost importance for ensuring that the collection, transportation, storage, and treatment of waste is carried out in a manner that provides protection for the environment and human health. In 1994, the European Waste Catalogue and the Hazardous Waste List were published by the European Commission. In 2002, the EPA published a document titled the European Waste Catalogue and Hazardous Waste List, which was a condensed version of the original two documents and their subsequent amendments. The EPA document ‘Waste Classification – List of Waste & Determining if Waste is Hazardous or Non- Hazardous’ (EPA, 2018) consolidates the legislation and allows the generators of waste to classify the waste as hazardous or non-hazardous and in the process to assign the correct List of Waste entry. Under the classification system, different types of wastes are fully defined by a code. The List of Waste (LoW) code (previously referred to as European Waste Code or EWC) for some of the typical waste materials expected to be generated during the operation of the proposed development are provided below. Waste Description Waste Code Mixed Municipal Waste 20 03 01 Dry Mixed Recyclables 20 03 01 Biodegradable Kitchen Waste 20 01 08 Glass 20 01 02 Bulky Waste 20 03 07 24043 Ballynageeragh, Dunhill, Waterford October 2025 Textiles 20 01R 11 E C Batteries 20 01 34 E IV E D Waste Electrical & Electronic Equipment 20 01 35 / 21 01 36: 2 1 Plastic 20 01 39 /1 0 /2 0 Metals 20 01 40 2 5 Paper & Cardboard 20 01 01 This waste classification system applies across the EU and is the basis for all national and international waste reporting, such as those associated with waste collection permits, COR’s, permits and licenses and EPA National Waste Database.
5. WASTE STORAGE & COLLECTION This section provides information on how waste generated within the development will be stored and how the waste will be collected from the development. This has been prepared with due consideration of the proposed site layout as well as best practice standards, local and national waste management requirements including those of FCC. In particular, consideration has been given to the following documents: • BS 5906:2005 Waste Management in Buildings – Code of Practice; 5.1 WASTE STORAGE ARRANGEMENTS – HOUSES Residents in the Houses, Duplexes and Terrace units will be required to segregate their waste into the following waste categories within their own units: • DMR; • Organic waste; • Glass; and • MNR. It is anticipated that residents with external access to the rear of the property and will store waste in bins at the back of the units. For units with no external access to the rear, a dedicated shielded area for storage of 2 no. 240l and 1 no. 120l litre wheelie bins have been allocated at the front or side of the property. Residents will be required to place their segregated waste materials into these bins as necessary. 24043 Ballynageeragh, Dunhill, Waterford October 2025 It is anticipated that DMR, MNR and organic waste will be collected on a weekly/bi-weekley basis by R E a waste collection company of their choosing. It will be the responsibility of individCual residents to E enter into a contract with a waste collection contractor. Glass waste will be required t I oV be brought E D to the nearest bottle bank for disposal. Other waste materials such as textiles, batteries, pr:in 2 ter 1 toner/cartridges and WEEE may be generated infrequently by the residents. Residents will be /1 0 /2 required to identify suitable temporary storage areas for these waste items within their own units 0 2 5 and dispose of them appropriately. Please refer to the site plans for bin store location and designs. 5.2 SHARED WASTE AREA DESIGN The shared waste storage areas (‘WSA’) for the units are located at strategic locations around the development to service each block. The shared WSAs will have the following provisions as minimum: Access: The WSA will be accessible for the mobility impaired. Lighting: The WSA will have adequate lighting. Energy saving lighting operated on sensors is envisaged. This is to ensure that waste will not be tipped in dimly lit areas and that the areas do not pose as a safety risk. Spillage & drainage: A non-slip surface will be provided to prevent slips or falls, and the WSA will have adequate drainage which will be directed to foul sewer. Security: The WSAs will have restricted access and will be accessible by tenants and residents only. This is to prevent unauthorised access to the bins by the general public. Ventilation: Ventilation will be provided so that the bin storage areas will not cause an odour nuisance, taking into account the avoidance of nuisance for habitable rooms nearby. Signage: Pictorial signage will be provided to show residents and tenants what wastes can and cannot be placed in each bin. Signage will indicating local recycling centres and bring banks will also be provided as will information on current waste and recycling targets. Environmental nuisance: The WSA will be in enclosed areas to avoid environmental nuisances such as litter. Regular waste collections will be required from the waste collection providers to prevent 24043 Ballynageeragh, Dunhill, Waterford October 2025 any other environmental nuisances such as odour or vermin. R E C Vehicular Access: The development has been designed to ensure that waste collectioEn vehicles can IV safely access the development to collect the bins. E D: 2 Please refer to the Site plans for bin store location and designs. 1 /1 0 /2 0 2 5 5.3 WASTE COLLECTION All collections must take place in compliance with conditions of the waste contractor’s Waste Collection Permit for the region and in line with the Local Authority Bye-Laws and the Waste Management (Waste Collection Permit) Regulations 2007 as amended. All residents are obliged by law to avail of the waste management service and must comply with local Bye-Laws and Statutory Instruments in relation to the presentation of waste for collection. There are numerous private contractors that provide waste collection services in the Waterford City & County area. All waste contractors servicing the proposed development must hold a valid waste collection permit for the specific waste types collected. All waste collected must be transported to registered/permitted/licensed facilities only. Residents with individual WSAs will be responsible for transferring their own bins to/from their WSAs to the street for collection. It is recommended that bin collection times/days are staggered to reduce the number of bins required to be emptied at once and the time the waste vehicle is onsite. This will be determined during the process of appointment of a suitable waste contractor. The attached drawing 24043 P213 shows the vehicle swept paths for a typical large scale refuse truck, and shows that it can easily negotiate the internal road network to collect from all areas of the site as required. The swept path was generated using AutoDesk Vehicle Tracking software. 24043 Ballynageeragh, Dunhill, Waterford October 2025 R E C E

Reasons not yet available here. View the official case.

1. Name of Relevant Planning Authority: Meath County Council
2. Location of Development Postal Address or Townland or Location (as may best identify the land or Trevet Grange Dunshaughlin Co Meath structure in question) 2784 Ordnance Survey Map Ref No (and the Grid Eastings: 698,602 Grid Reference where available) Grid Northings: 755,187
3. Type of planning permission (please tick appropriate box): [X] Permission [ ] Permission for retention [ ] Outline Permission [ ] Permission consequent on Grant of Outline Permission
4. Where planning permission is consequent on grant of outline permission: Outline Permission Register Reference Number: Date of Grant of Outline Permission:
5. Applicant 2 Name(s) Elaine McBride Contact details of Applicant to be supplied at Question 23
6. Where Applicant is a Company (registered under the Companies Acts): R Name(s) of company director(s) E C E Registered Address (of company) IV E Company Registration No. D: 2 8 /0 7
7. Person/Agent acting on behalf of the Applicant (if any): /2 0 2 6 Name Oliver Nolan Address to be supplied at the end of this form. (Question 24)
8. Person responsible for preparation of Drawings and Plans: 3 & 16 Name Oliver Nolan Firm/Company Oliver Nolan
9. Description of Proposed Development: The development will consist of a Brief description of nature and extent of dwelling and garage with a suitable development 4 wastewater treatment unit and associated site works
10. Legal Interest of Applicant in the Land or Structure: A. Owner B. Occupier Please tick appropriate box to show applicant’s legal interest in C. Other X the land or structure Where legal interest is ‘Other’, please expand further on your Letter of Consent from Land owner James Leonard interest in the land or structure. If you are not the legal owner, James Leonard please state the name of the owner and supply a letter from the owner of consent to make the application as listed in the accompanying documentation.
11. Site Area: Area of site to which the application 0.471 relates in hectares
12. Where the application relates to a building or buildings: R Gross floor space 5 of any existing E 0.00 C building(s) in sq m E IV E Gross floor space of proposed works in sq D m 284.00: 2 8 /0 7 Gross floor space of work to be retained 0.00 /2 0 in sq m (if appropriate) 2 6 Gross floor space of any demolition in sq 0.00 m (if appropriate) 13. In the case of mixed development (e.g. residential, commercial, industrial, etc), please provide breakdown of the different classes of development and breakdown of the gross floor area of each class of development: Class of Development Gross floor area in sq m 14. In the case of residential development please provide the following, (a) Breakdown of residential mix: Number of Studio 1 Bed 2 Bed 3 Bed 4 Bed 4+ Bed Total Houses 0 0 0 0 0 0 0 Apartments 0 0 0 0 0 0 0 Number of car parking spaces Total: 2 to be provided 15. Where the application refers to a material change of use of any land or structure or the retention of such a material change of use: Existing use 6 (or previous use where retention permission is sought) Proposed use (or use it is proposed to retain) Nature and extent of any such proposed use (or use it is proposed to retain) 16. Social and Affordable Housing R Please tick appropriate Yes ENo C E Is the application an application for IV E permission for development to which Part D V of the Planning and Development Act: 2 X 8 2000, as amended, applies? 7 /0 7 /2 0 If the answer to the above question is 2 6 “yes” and the development is not exempt (see below), you must provide, as part of your application, details as to how you propose to comply with section 96 of Part V of the Act including, for example, (i) details of such part or parts of the land which is subject to the application for permission or is or are specified by the Part V agreement, or houses situated on such aforementioned land or elsewhere in the planning authority’s functional area proposed to be transferred to the planning authority, or details of houses situated on such aforementioned land or elsewhere in the planning authority’s functional area proposed to be leased to the planning authority, or details of any combination of the foregoing, and (ii) details of the calculations and methodology for calculating values of land, site costs, normal construction and development costs and profit on those costs and other related costs such as an appropriate share of any common development works as required to comply with the provisions in Part V of the Act.” (iii) If the answer to the above question is "yes" but you consider that paragraph (j) of Section 96(3) would be applicable, evidence of when site was purchased should be submitted. If the answer to the above question is “yes” but you consider the development R to be exempt by virtue of section 97 of E C the Planning and Development Act 2000, E IV as amended 8, a copy of the Certificate of E D Exemption under section 97 must be: 2 8 submitted (or, where an application for a /0 7 /2 certificate of exemption has been made 0 2 6 but has not yet been decided, a copy of a single one off dwelling the application should be submitted). If the answer to the above question is “no” by virtue of section 96(13) of the Planning and Development Act 2000, as amended 9, details indicating the basis on which section 96(13) is considered to apply to the development should be submitted. 17. Development Details R Please tick appropriate Yes ENo C E Does the proposed development consist IV E of work to a protected structure and/or its D curtilage or proposed protected structure: 2 X 8 /0 and/or its curtilage? 7 /2 0 Does the proposed development consist 2 6 of work to the exterior of a structure X which is located within an architectural conservation area (ACA)? Does the application relate to development which affects or is close to a monument or place recorded under X section 12 of the National Monuments Acts 1930-2004 10 Does the proposed development require the preparation of an Environmental X Impact Statement 11? Does the application relate to work within or close to a European Site or a Natural X Heritage Area¹²? Does the application relate to a development which comprises or is for the purposes of an activity requiring a X licence from the Environmental Protection Agency other than a waste licence? Does the application relate to a development which comprises or is for X the purposes of an activity requiring a waste licence? Do the Major Accident Regulations apply X to the proposed development? Does the application relate to a development in a Strategic Development X Zone? Does the proposed development involve X the demolition of any structure? 18. Site History Details regarding site history (if known) Has the site in question ever, to your knowledge, been flooded? Yes [ ] No [X] R If yes, please give details e.g. year, extent: E C Are you aware of previous uses of the site e.g. dumping or quarryEing? IV Yes [ ] No [X] E D If yes, please give details:: 2 8 /0 Are you aware of any valid planning applications previously made 7in /2 respect of this land/structure? 0 2 6 Yes [ ] No [X] If yes, please state planning reference number(s) and the date(s) of receipt of the planning application(s) by the planning authority if known: Reference No.: Date: Reference No.: Date: Reference No.: Date: Reference No.: Date: If a valid planning application has been made in respect of this land or structure in the 6 months prior to the submission of this application, then the site notice must be on a yellow background in accordance with Article 19(4) of the Planning and Development Regulations 2001, as amended. Is the site of the proposal subject to a current appeal to An Coimisiún Pleanála in respect of a similar development 13 ? Yes [ ] No [X]. An Coimisiún Pleanála Reference No.:. 19. Pre-application Consultation Has a pre-application consultation taken place in relation to the proposed development 14 ? Yes [ ] No [X] If yes, please give details: Reference No. (if any): Date(s) of consultation: Persons involved: 20. Services R Proposed Source of Water Supply E C E Please indicate whether existing or new: IV E D Existing [ ]: 2 8 /0 New [X] 7 /2 Not Applicable [ ] 0 2 6 Public Mains [X] Group Water Scheme [ ] Private Well [ ] Other (please specify) [ ] Name of Group Water Scheme (where applicable) Proposed Wastewater Management/Treatment Please indicate whether existing or new: Existing [ ] New [X] Not Applicable [ ] Public Sewer [ ] Conventional septic tank system [ ] Other on-site treatment system (Please specify) [X] as per report Proposed Surface Water Disposal Public Sewer/Drain [ ] R Soakpit [X] E C E Watercourse [ ] IV E Other (Please specify) [ ] D Not Applicable [ ]: 2 8 /0 7 /2 0 2 6 21. Details of Public Notice Approved newspaper in which notice was Meath Chronicle published Date of publication 25-07-2026 Date on which site notice was erected 17 22-07-2026 22. Application Fee Fee Payable 18 65.00 Basis of Calculation Class 1 Provision of a Dwelling I hereby declare that, to the best of my knowledge and belief, the information given in this form is correct and accurate and fully compliant with the Planning & Development Acts 2000, as amended, and the Regulations made there under: Where an application is made in electronic form with the consent of the Planning Authority under article 22(3) of the Principal Regulations valid login credentials will replace the need for a signature and satisfy the declaration. To be signed by applicant(s) or agent where applicable. Applicant (where more Applicant than one applicant is Agent named). Signature ______________________ ______________________ ______________________ Print Name ______________________ ______________________ ______________________ Date ______________________ ______________________ ______________________

1. The site is located in a rural area outside any designated settlement and in a Rural Area Under Strong Urban Influence as defined in the Meath County Development Plan 2021-2027 where development which is not rurally generated should be more properly located in settlement centres. It is policy of the County Development Plan to restrict housing in this area to those who are intrinsically part of the rural community and do not currently own a property or who have an occupation y! predominantly based in the rural community. In such areas, policy RD POL 1 seeks to ‘’ensure that individual house developments in rural areas satisfy the housing requirements of persons who are an nl intrinsic part of the rural community in which they are proposed, subject to compliance with normal planning criteria’’. O It is considered, based on the information submitted, that the applicant has not provided sufficient s details or established a rural generated housing need for a dwelling in this location. The local need se details submitted do not show the applicant’s continuous connection to the rural area over a significant period of time. The proposed development would be contrary to the policy of the Meath County po Development Plan 2021 – 2027 and the Sustainable Rural Housing Guidelines for Planning Authorities and would, therefore, be contrary to the proper planning and sustainable development of the area and r would establish a very undesirable future precedent. Pu
2. It is a policy (RD POL 38) of the Meath County Development Plan 2021-2027, “To ensure that all development accessing off the county’s road network is at a location and carried out in a manner which g would not endanger public safety by way of a traffic hazard”. in The proposed development is accessed on a private road off the local road (L-80313), where sightlines w of 90 metres in both directions are required for a safe entrance/exit. The applicant has not demonstrated ie that unobstructed sightlines of 90 metres to the nearside edge of the road, from a setback of 2.4 metres in accordance with TII document DN-GEO-03060, can be provided from the entrance. The proposed -V development would result in a traffic hazard. The applicant has not satisfactorily provided the adequate requirements for a safe entrance/exit and therefore has failed to demonstrate the required sightlines and required entrance set back. The proposed development would be injurious to public safety by reason of il a traffic hazard and would establish an undesirable future precedent which would be contrary to the nc proper planning and sustainable development of the area. ou
3. It is policy(RD POL 34) of the Meath County Development Plan 2021-2027, “ To ‘respect the sensitive restoration and conversion to residential use of disused vernacular or traditional dwellings or traditional C farm buildings, including those which are Protected Structures, such proposals shall not be subject to the Rural Housing Policy (i.e. local need) that applies to new dwellings” y nt It is considered that the structure is a relatively recent construction and was not originally designed, constructed or used as a traditional farm building. As such, the proposal does not represent the genuine ou reuse of an existing traditional rural structure. The proposed development would therefore be contrary to the provisions of the Meath County Development Plan 2021–2027 and the Sustainable Rural C Housing Guidelines for Planning Authorities, would be contrary to the proper planning and sustainable development of the area and would set an undesirable precedent for similar development in the rural th area. ea M

1. The proposed development is situated in a rural area outside any designated settlement and in a Strong Rural Area as defined in the Sustainable Rural Housing Guidelines for Planning Authorities and the Meath County Development Plan 2021 – 2027. It is the policy of the County Development Plan (RD POL 4 and RD POL
2. to restrict housing in this area to those who are intrinsically part of the rural community or who have an occupation predominantly based in the rural community. The applicant has not satisfactorily established a site-specific rural generated housing need for the development at this location based on Local Needs y! Qualifying Criteria set out in Sections 9.4 and 9.5 of the Development Plan. The proposed development nl would therefore be contrary to the policy of the Sustainable Rural Housing Guidelines for Planning Authorities and the Meath County Development Plan. O The Planning Authority has had regard to information submitted in support of the applicant’s rural housing s need and has established that given the applicant’s residency within an urban area during the period 2021- se 2024 (as per completed Local Need Form), the proposed development would constitute urban generated housing and be contrary to RUR DEV SP 1 which aims to “adopt a tailored approach to rural housing po within County Meath as a whole, distinguishing between rural generated housing and urban generated housing in rural areas recognising the characteristics of the individual rural area types”. r Pu
3. It is the policy of the Council under the current development plan 2021-27; RD POL 48 To ensure all septic tank/proprietary treatment plants and polishing filter/percolation areas satisfy the criteria set out in the Environmental Protection Agency ‘Code of Practice Domestic Waste Water Treatment Systems (Population g Equivalent ≤10)’ (2021) (or any other updated code of practice guidelines) in order to safeguard individual in and group water schemes. The Applicant has not submitted a fully complete and coherent Site w Characterisation Form in accordance with the current EPA (2021) Code of Practice. Insufficient information has been submitted regarding the suitability of the site to accommodate the proposed development to enable ie the Planning Authority to make an informed decision on the planning application. Information submitted -V includes discrepancies in relation to the number of bedrooms, subsequent occupants, and reference to the EPA (2009) Code of Practice, to inform the proposed method of treatment. In the absence of this correct information in order to properly assess the impact on the local environment, permitting the said development il would be prejudicial to public health due to risk of pollution and would not be in accordance with the proper nc planning and sustainable development of the area. ou
4. Having consideration to the nature of the proposed development as indicated on the plans and particulars submitted including the construction of a domestic entrance located on a regional road which is identified as C a Strategic Corridor on Map 9.2 of the Meath County Development Plan 2021-2027, the proposal is considered to materially contravene policy RD POL 40 of said plan and the associated section 9.15.2 and y 9.15.3 Development Assessment Criteria as the required documentation to comply with the above policy was nt not submitted. Accordingly to grant the proposed development by itself, or by the precedent which the grant ou of permission would represent, could lead to a proliferation of similar type developments, would reduce the capacity of the road, and would interfere with the safety and free-flowing nature of traffic on the road, would C adversely affect the use of the Strategic Corridor and would therefore be contrary to the above policy in the Meath County Development Plan 2021-2027 and contrary to the proper planning and sustainable th development of the area. ea

Policy Objectives BHC 42, BHC 44, HOU 50 and HOU 51 of the Louth County O Development Plan 2021-2027 (as varied) promote, where feasible, the protection, retention, sympathetic maintenance and appropriate refurbishment and use of the es vernacular built heritage, in both urban and rural areas, which contribute to the streetscape and landscape character and encourage the re-use and adaption of os existing historic buildings in a manner compatible with their character. rp Pu Section 13.9.12 Development Management Guidelines requires that all external structural walls and internal walls of such vernacular buildings are substantially g intact and that the building is capable of being renovated/refurbished without in demolition. The subject structure comprises the remnants of a stone structure, ew whereby there is 1 no. external (structural) gable wall substantially intact, with only remnants of the further external walls with no roof or window / door openings and Vi as such, given its ruinous condition, the structure does not constitute a ‘vernacular t- building’ eligible for restoration in principle under the above policies. en tm The proposed development which would provide a new one-off dwelling house in ar this rural area where rural qualifying criteria applies, would not (on the basis of ep information provided) meet the requirements of the policy objectives as set out above pertaining to vernacular buildings, nor has it been demonstrated that it would D comply with Policy Objective HOU 43 of the Louth County Development Plan 2021 ng 2027 (as varied) which seeks to manage the development of rural housing in the open countryside by requiring applicants to demonstrate compliance with the Local ni Needs Qualifying Criteria relative to the Rural Policy Zone. The proposed an development would therefore contravene the proper planning and sustainable Pl development of the rural area and would set an undesirable precedent for other similar developments in the area., C C h ut Lo

1. The proposed development, by reason of its location on an undeveloped O greenfield site along castle lane road, separate from the existing residential cluster, es would extend the established pattern of one-off housing development into the rural os landscape and result in additional visual intrusion and erosion of the rural character of the area. Furthermore, the proposed dwelling would contribute to the continuation and rp Pu extension of a ribbon pattern of development along castle lane road. The proposed development would, therefore, be contrary to the provisions of Sections 13.9.4 and g 13.9.5 of the Louth County Development Plan 2021-2027 (as varied), which seek to in ew ensure that rural dwellings integrate appropriately into the landscape and to avoid the creation or extension of ribbon development in rural areas. The proposal would Vi therefore be contrary to the proper planning and sustainable development of the area. t
2. The proposed development would endanger public safety by reason of traffic en hazard as the minimum sightlines of 75m required at the proposed vehicular entrance tm point onto the L-6329, measured from a point 3m back from the road edge over a ar height of 0.6 metres to 1.05 metres above road level, are not achievable to the east ep due to the horizontal alignment of the road. D ng ni an Pl, C C h ut Lo

1. Having regard to the Kildare County Development Plan 2023-2029 Policy and Objectives (HO O59) and to the Rural Residential Density Toolkit which seeks to limit density of rural housing, especially in sensitive locations, and to exclude ‘key landscape features…from the calculation area, including areas of important habitat such as a natural peatland and Natural Heritage Areas, and where the maximum density (according to the Toolkit) is indicated to be 16, and where the existing density is already at 25 dwellings, an additional dwelling at this location would intensify the ‘proliferation of one-off housing immediately adjoining key landscape and habitat features’, would result in development on an open and unscreened site, and would further ‘erode the intrinsic rural character, amenity value or environmental quality of the landscape’, which the policy seeks to avoid. To permit the development as proposed would run counter to the provisions of Policy HO P26 and Objective HO O59 of the Kildare County Development Plan 2023-2029, would serve to further erode the intrinsic rural character of the area, would set an undesirable precedent for similar development of this nature and would therefore be contrary to the proper planning and sustainable development of the area.
2. Policy HO P27 of the Kildare County Development Plan 2023–2029 requires ‘all applications to demonstrate, to the satisfaction of the Planning Authority that the proposed development site can accommodate an on-site wastewater treatment system in accordance with the Environmental Protection Agency (EPA) Code of Practice for Wastewater Treatment Systems for single houses (2021)’. Having regard to lack of relevant information pertaining to the proposed Wastewater Treatment System and associated polishing filter, it has not been demonstrated to the satisfaction of the Planning Authority, that the proposed development would not be prejudicial to public health and therefore would be contrary to Policy HO P27 of the Kildare County Development Plan 2023-2029 and to the proper planning and sustainable development of the area.

1. The Planning Authority are not satisfied that the applicant has demonstrated compliance with Policy Objective RH4 of the Galway County Development Plan 2022-2028 to develop their first home in the open countryside in an area located in a Landscape Classification 3. 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 4. Accordingly, to grant the proposed development would consolidate and contribute to the build- up of random suburban type development in this area under strong urban influence, would contravene materially Policy Objective RH 4 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.
2. The Planning Authority is not satisfied that the design and materiality of the dwelling house is in keeping with the principles of the Design Guidelines for the Single Rural House, it is considered that the design is contrary to DM standard 8 and RH 9 of the Galway County Development Plan 2022-2028. Therefore, it is considered that the development does not assimilate appropriately into the rural setting, and therefore, to permit the development as proposed, would contravene a policy objective and a development management standard as contained in the Galway County Development Plan 2022-2028 and would be contrary to the proper planning and sustainable development of the area.
3. It is considered that the development by reason of its siting to the rear of existing residential and agricultural buildings, constitutes a haphazard and disorderly development, which results in a built form that does not fit appropriately or integrate effectively into this site within the Coastal Landscape, of Class 3 landscape value and Special Sensitivity, is out of character with the pattern of development contrary to Policy Objectives RH14, LCM 1, LCM 2 and LCM 3 within the Development Plan in relation to preserving and enhancing the landscape character having regard to the landscape sensitivity ratings and classification, and Development Management Standards 1 and 8 of the Galway County Development Plan 2022-2028. Accordingly, to grant permission for the development, as proposed, would militate against the preservation of the rural environment, would set an undesirable precedent for similar future development in the area, and therefore would be contrary to the proposed planning and sustainable development of the area.
4. Having regard to the location of the site overlying a regionally important aquifer, in conjunction with existing and permitted development in the vicinity of the site and planning history associated with the site, it is considered that the proposed development would result in an excessive concentration of development served by individual private effluent treatment systems in the area. Accordingly to grant the proposed development would be prejudicial to public health, and therefore, would be contrary to the proper planning and sustainable development of the area.
5. Having regard to the absence of documentary evidence from Uisce Eireann relating to the consent to connect to the public water supply 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 proposed dwelling house, would be contrary to Policy Objective WS 4 Requirement to Liaise with Irish Water – Water Supply and DM Standard 36 Public Water Supply and Wastewater Collection of the Galway County Development Plan, 2022-2028 and would be contrary to the proper planning and sustainable development of the area. 2

1. Having regard to the proposed site configuration, the extensive internal access road required to serve the development, the embankments and level differences in the vicinity of the proposed entrance and the deficiencies identified in the proposed access arrangements, the Planning Authority considers that the proposed road layout would result in an inappropriate and disorderly form of development that is out of character with the established pattern of development in the area and would set an undesirable precedent for similar forms of development. Accordingly, the Planning Authority considers that the proposed development would materially contravene Development Management Standards 28 and 30 of the Galway County Development 2022-2028. It is therefore considered that the proposed development would interfere with the safety and free flow of traffic and 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.
2. Having regard to the siting and layout of the proposed development, the Planning Authority is not satisfied that the proposal has been designed to respond appropriately to the site or its surrounding context. The proposed development would fail to integrate satisfactorily with the existing character of the area and would detract from the visual amenities of the locality. In addition, the applicant has failed to submit a landscaping plan, contrary to DM Standard 11. The Planning Authority is therefore not satisfied that the visual impact of the proposed development has been adequately addressed. The proposal is therefore considered to be contrary to DM Standard 1, DM Standard 8 and DM Standard 11 of the Galway County Development Plan 2022-2028 and therefore contrary to the proper planning and sustainable development of the area.
3. It is considered that the design and siting of the proposed garage/gym/stores constitutes as disorderly development, and results in a built form that does not fit appropriately or integrate effectively into the receiving environment. It is therefore considered that this proposal contravenes materially DM Standard 6, and that if permitted as proposed the development would result in a haphazard, disorderly form of development, that does not fit appropriately or integrate effectively into the established character of the area. Accordingly, to grant the proposed development would interfere with the pattern of development in the area, would detract from the visual amenity of the area, would contravene materially a Development Management Standard as contained in the Galway County Development Plan 2022-2028, would set an undesirable precedent of similar future development in the area, and therefore would be contrary to the proper planning and sustainable development of the area. 2

1. The proposed development is sited within close proximity to the Lough Corrib Special Area of Conservation which is designated European Sites of ecological importance forming part of the Natura 2000 network of sites of highest biodiversity importance for rare and threatened natural habitats and flora and fauna species across the European Union. The Planning Authority, by virtue of the lacunae associated with the Natura Impact Statement submitted and the absence of a CEMP accompanying the application content, is not satisfied that significant negative effect on the integrity and conservation objectives of the Lough Corrib SAC can be ruled out. Therefore, the development if permitted has potential to have significant negative adverse impact on the integrity and qualifying interests/conservation objectives of the said SAC site, would contravene materially objectives NHB 1, 2 & 3 and development management standard 50 contained in the current Galway County Development Plan, and therefore would be contrary to the proper planning and sustainable development of the area.
2. Based on the information submitted and the plans and particulars received, and having regard to the horizontal and vertical alignment of the densely trafficked local primary road, L-2226-39, at site frontage and in the immediate vicinity thereof, the proposed site entrance is deemed unsatisfactory owing to the potential for conflict to arise between wider oncoming traffic approaching the site from the south west along the L2226-39 local primary road and road users executing right hand turning movements into the subject site. Hence it is considered that, if permitted as proposed, the development would interfere with the safety and free flow of traffic on the public road and would endanger public safety by reason of traffic hazard, obstruction of road users, or otherwise, and therefore would be contrary to DM Standard 28 of the Galway County Development Plan 2022 – 2028 and to the proper planning and sustainable development of the area. 2

RECOMMENDATION REFUSE Planning Permission 1. Having regard to Zoning Objective A and section 12.9.2, Noise Pollution and Noise Nuisance, of the Dún Laoghaire-Rathdown County Development Plan 2022-2028, the Planning Authority is not satisfied that the proposed air source heat pumps would not give rise to unacceptable noise impacts on existing residential amenity. In particular, the submitted Noise Impact Assessment does not identify or assess the closest potentially affected balconies and terraces as noise-sensitive receptors or demonstrate the predicted operational noise levels at those locations. The proposed development would therefore be contrary to the provisions of the County Development Plan concerning residential amenity and noise nuisance and to the proper planning and sustainable development of the area.

REFUSE Planning permission. 1. Having regard to Zoning Objective A and Section 12.9.2, Noise Pollution and Noise Nuisance, of the Dún Laoghaire-Rathdown County Development Plan 2022–2028, the Planning Authority is not satisfied, on the basis of the information submitted, that the proposed air source heat pumps would not give rise to unacceptable noise impacts on existing residential amenity. In particular, the submitted Noise Impact Assessment does not assess the balconies and terraces closest to the proposed heat pumps as noise-sensitive receptors and does not demonstrate the predicted operational noise levels at those locations. The proposed development would therefore be contrary to the provisions of the County Development Plan concerning residential amenity and noise nuisance and contrary to the proper planning and sustainable development of the area.

RECOMMENDATION Refuse Permission for the following reason: 1. The Planning Authority considers that the use of the existing structure as a residential unit constitutes a highly vulnerable form of development within Flood Zones A and B. Having regard to Section 5.2.2 of Appendix 15 (Strategic Flood Risk Assessment) of the Dún Laoghaire-Rathdown County Development Plan 2022-2028, which states that it is not appropriate for highly vulnerable development to be located within Flood Zones A or B, the retention of the development would be contrary to the flood risk management objectives of the Development Plan and would therefore be contrary to the proper planning and sustainable development of the area.

1. Name of Relevant Planning Authority: Carlow County Council
2. Location of Development Postal Address or Townland or Location (as may best identify the land or Crosslow Tullow Co. Carlow. R93CR70 structure in question) CW008 WW042 Ordnance Survey Map Ref No (and the Grid Eastings: 686,533 Grid Reference where available) Grid Northings: 671,452
3. Type of planning permission (please tick appropriate box): [ ] Permission [X] Permission for retention [ ] Outline Permission [ ] Permission consequent on Grant of Outline Permission
4. Where planning permission is consequent on grant of outline permission: Outline Permission Register Reference Number: Date of Grant of Outline Permission:
5. Applicant 2 Name(s) Breda Byrne Contact details of Applicant to be supplied at Question 23
6. Where Applicant is a Company (registered under the Companies Acts): R Name(s) of company director(s) E C E Registered Address (of company) IV E Company Registration No. D: 1 8 /1 2
7. Person/Agent acting on behalf of the Applicant (if any): /2 0 2 5 Name James Kealy Address to be supplied at the end of this form. (Question 24)
8. Person responsible for preparation of Drawings and Plans: 3 & 16 Name James Kealy Firm/Company Planning & Design Services
9. Description of Proposed Development: I Breda Byrne wish to apply to Carlow County Council for retention permission for a temporary period of time not Brief description of nature and extent of exceeding 3 years, for the construction of development 4 a single storey residential cabin, connection to services, and all associated site works at Crosslow Tullow Co. Carlow.
10. Legal Interest of Applicant in the Land or Structure: A. Owner X B. Occupier Please tick appropriate box to show applicant’s legal interest in C. Other the land or structure Where legal interest is ‘Other’, please expand further on your interest in the land or structure. If you are not the legal owner, please state the name of the owner and supply a letter from the owner of consent to make the application as listed in the accompanying documentation.
11. Site Area: Area of site to which the application 0.330 relates in hectares R E C
12. Where the application relates to a building or buildingsE: IV E D Gross floor space 5 of any existing: 1 8 378.48 /1 building(s) in sq m 2 /2 0 Gross floor space of proposed works in sq 2 0.00 5 m Gross floor space of work to be retained 94.98 in sq m (if appropriate) Gross floor space of any demolition in sq 0.00 m (if appropriate) 13. In the case of mixed development (e.g. residential, commercial, industrial, etc), please provide breakdown of the different classes of development and breakdown of the gross floor area of each class of development: Class of Development Gross floor area in sq m 14. In the case of residential development please provide the following, (a) Breakdown of residential mix: Number of Studio 1 Bed 2 Bed 3 Bed 4 Bed 4+ Bed Total Houses 0 0 0 0 0 0 0 Apartments 0 0 0 0 0 0 0 Number of car parking spaces Total: 0 to be provided 15. Where the application refers to a material change of use of any land or structure or the retention of such a material change of use: Existing use 6 (or previous use where retention permission is sought) Proposed use (or use it is proposed to retain) Nature and extent of any such proposed use (or use it is proposed to retain) R E C 16. Social and Affordable Housing E IV E D Please tick appropriate Yes No: 1 8 /1 Is the application an application for 2 /2 0 permission for development to which Part 2 X 5 V of the Planning and Development Act 2000, as amended, applies? 7 If the answer to the above question is “yes” and the development is not exempt (see below), you must provide, as part of your application, details as to how you propose to comply with section 96 of Part V of the Act including, for example, (i) details of such part or parts of the land which is subject to the application for permission or is or are specified by the Part V agreement, or houses situated on such aforementioned land or elsewhere in the planning authority’s functional area proposed to be transferred to the planning authority, or details of houses situated on such aforementioned land or elsewhere in the planning authority’s functional area proposed to be leased to the planning authority, or details of any combination of the foregoing, and (ii) details of the calculations and methodology for calculating values of land, site costs, normal construction and development costs and profit on those costs and other related costs such as an appropriate share of any common development works as required to comply with the provisions in Part V of the Act.” (iii) If the answer to the above question is "yes" but you consider that paragraph (j) of Section 96(3) would be applicable, evidence of when site was purchased should be submitted. If the answer to the above question is “yes” but you consider the development R to be exempt by virtue of section 97 of E C the Planning and Development Act 2000, E IV as amended 8, a copy of the Certificate of E D Exemption under section 97 must be: 1 8 submitted (or, where an application for a /1 2 /2 certificate of exemption has been made 0 2 5 but has not yet been decided, a copy of N/A the application should be submitted). If the answer to the above question is “no” by virtue of section 96(13) of the Planning and Development Act 2000, as amended 9, details indicating the basis on which section 96(13) is considered to apply to the development should be submitted. 17. Development Details R Please tick appropriate Yes ENo C E Does the proposed development consist IV E of work to a protected structure and/or its D curtilage or proposed protected structure: 1 X 8 /1 and/or its curtilage? 2 /2 0 Does the proposed development consist 2 5 of work to the exterior of a structure X which is located within an architectural conservation area (ACA)? Does the application relate to development which affects or is close to a monument or place recorded under X section 12 of the National Monuments Acts 1930-2004 10 Does the proposed development require the preparation of an Environmental X Impact Statement 11? Does the application relate to work within or close to a European Site or a Natural X Heritage Area¹²? Does the application relate to a development which comprises or is for the purposes of an activity requiring a X licence from the Environmental Protection Agency other than a waste licence? Does the application relate to a development which comprises or is for X the purposes of an activity requiring a waste licence? Do the Major Accident Regulations apply X to the proposed development? Does the application relate to a development in a Strategic Development X Zone? Does the proposed development involve X the demolition of any structure? 18. Site History Details regarding site history (if known) Has the site in question ever, to your knowledge, been flooded? Yes [ ] No [X] R If yes, please give details e.g. year, extent: E C Are you aware of previous uses of the site e.g. dumping or quarryEing? IV Yes [ ] No [X] E D If yes, please give details:: 1 8 /1 Are you aware of any valid planning applications previously made 2in /2 respect of this land/structure? 0 2 5 Yes [ ] No [X] If yes, please state planning reference number(s) and the date(s) of receipt of the planning application(s) by the planning authority if known: Reference No.: Date: Reference No.: Date: Reference No.: Date: Reference No.: Date: If a valid planning application has been made in respect of this land or structure in the 6 months prior to the submission of this application, then the site notice must be on a yellow background in accordance with Article 19(4) of the Planning and Development Regulations 2001, as amended. Is the site of the proposal subject to a current appeal to An Coimisiún Pleanála in respect of a similar development 13 ? Yes [ ] No [X]. An Coimisiún Pleanála Reference No.:. 19. Pre-application Consultation Has a pre-application consultation taken place in relation to the proposed development 14 ? Yes [ ] No [X] If yes, please give details: Reference No. (if any): Date(s) of consultation: Persons involved: 20. Services R Proposed Source of Water Supply E C E Please indicate whether existing or new: IV E D Existing [X]: 1 8 /1 New [ ] 2 /2 Not Applicable [ ] 0 2 5 Public Mains [ ] Group Water Scheme [ ] Private Well [X] Other (please specify) [ ] Name of Group Water Scheme (where applicable) Proposed Wastewater Management/Treatment Please indicate whether existing or new: Existing [X] New [ ] Not Applicable [ ] Public Sewer [ ] Conventional septic tank system [ ] Other on-site treatment system (Please specify) [X] The details of this system is not available to us at this time. Proposed Surface Water Disposal Public Sewer/Drain [ ] R Soakpit [X] E C E Watercourse [ ] IV E Other (Please specify) [ ] D Not Applicable [ ]: 1 8 /1 2 /2 0 2 5 21. Details of Public Notice Approved newspaper in which notice was The Nationalist published Date of publication 16-12-2025 Date on which site notice was erected 17 18-12-2025 22. Application Fee Fee Payable 18 195.00 Basis of Calculation class 1 x3 = €195-00 I hereby declare that, to the best of my knowledge and belief, the information given in this form is correct and accurate and fully compliant with the Planning & Development Acts 2000, as amended, and the Regulations made there under: Where an application is made in electronic form with the consent of the Planning Authority under article 22(3) of the Principal Regulations valid login credentials will replace the need for a signature and satisfy the declaration. To be signed by applicant(s) or agent where applicable. Applicant (where more Applicant than one applicant is Agent named). Signature ______________________ ______________________ ______________________ Print Name ______________________ ______________________ ______________________ Date ______________________ ______________________ ______________________

1. Having regard to: a) The location of the proposed residential development in a Flood Zone A, !y b) The failure of the applicant to fully demonstrate that the proposal will not give rise to a flood nl risk at this location or increase the flood risk to adjoining properties and; O c) The SFRA which accompanies the Arklow Local Planning Framewo rk2A26 and the SFRA for the es 2022-2028 County Development Plan, noting this site fails the plan making justification test, and the need to apply a Justification Test for infill housing at this location; os It is considered that the proposal would be contrary to Objective ARK 90 of the Arklow Local rp planning Framework 2026 and CPO 14.09 of the 2022-2028 Wicklow County Development Plan Pu which state that 'Developments that are an 'inappropriate' use for a flood zone area, as set out in Table 3.2 of the Guidelines, will not be permitted, except where a proposal complies with the justification Test for Development Management', as set out in Box 5.1 of the Planning System n and Flood Risk Management, Guidelines for Local Authorities 2009", would be prejudicial to io public health, would be contrary to the zoning objectives for the site which seeks 'to protect, provide and improve residential amenities of existing residential areas' and would set an ct undesirable precedent for similar type proposals in the area. The proposed development would pe therefore be contrary to the proper planning and sustainable development of the area. ns
2. Having regard to: -I a) The layout and design of the proposed apartment block which is materially at odds with the prevailing residential pattern of development in this area; il nc b) The scale, massing and design of the proposed apartment block, resulting in a development that would be visually intrusive when viewed from adjoining residential properties in ou particular No.s 19 and 20 Saint Michaels Terrace, C c) The proposal for a six-unit apartment block without any communal open space provision and y nt d) The proximity of first floor balconies and windows to the southern and eastern boundaries which could impact on the future development potential of the adjoining sites and; ou It is considered that the proposed development would result in the overdevelopment of the site C and a substandard and haphazard form of residential development which would be contrary to objectives cPo 6.3, cPo 6.4, cPo 6.5 and cPo 6.16 of the 2022-2028 County Development Plan ow which seek the highest possible standard of living for future occupants and the highest quality of layout and design for new residential developments, while protecting existing residential kl arnenity and be contrary to the zoning objective of the site, RE Existing Residential which is "To ic protect, provide and improve residential amenities of existing residential areas". The proposed development would injure the amenities of property in the vicinity, set an undesirable precedent W for similar type development and would be contrary to the proper planning and sustainable development of the area.

The use of the subject property for short-term letting would result in the loss of suitable accommodation for both long-term rental and/or permanent owner/occupier accommodation at a time of an acute housing shortage. Furthermore, it is considered owing to the nature of the use, the use of the property for short-term letting would impact negatively on the residential amenity of the area, would set an undesirable precedent for similar proposals in the surrounding area and would therefore be contrary to the proper planning and sustainable development of the area.

The proposed development would cause an increased risk to public safety by means of a traffic hazard owing to the location of the proposed pedestrian gate adjoining Carn Glas Grove at a location where there is no public footpath, would set an undesirable precent for similar type developments and would, therefore, be contrary to the proper planning and sustainable development of the area.

1. While infill development may be accommodated at the subject site, the development as proposed would, by reason of overall layout, design, and siting, fail to conserve and protect the Protected Structure of Mount Michael House and its attendant grounds and would adversely affect the setting, special character or appearance of Mount Michael House, including its historic curtilage. Furthermore, the proposal fails to provide for an overall layout and design that would be sympathetic to the special character and integrity of the subject Protected Structure with regard to appropriate architectural treatment, character, scale and form. The development as proposed would thus contravene policy and objectives of the 2022-2028 South Dublin County Development Plan relating to built heritage and development, including NCBH19: Protected Structures, NCBH19 Objective 1, and Section 12.3.7(iv) Development in Proximity to a Protected Structure. The development, if permitted, would set an undesirable precedent for other similar developments, which would in themselves and cumulatively, be harmful to the character and setting of the subject Protected Structure, and would be contrary to the proper planning and sustainable development of the area.
2. The development as proposed would result in the loss of a significant quantum of established green infrastructure including trees, shrubs and hedgerows within a Primary Green Infrastructure Corridor, and thus would not protect and enhance the biodiversity and ecological value of the existing GI network, and would not protect and retain existing trees, hedgerows, and woodlands which are of amenity and/or biodiversity and/or contribute to landscape character. In addition, in the absence of a submitted Bat Survey, it has not been adequate demonstrated that the proposal would not have a significant adverse impact on biodiversity, including known rare and threatened species. Furthermore, noting the extent of tree loss required to accommodate the development as proposed, it is considered that the proposal would adversely impact on the setting and character of the historic curtilage of Mount Michael House. The development as proposed would therefore fail to accord with the policy provisions of the 2022-2028 South Dublin County Development Plan relating to natural heritage, including GI2 Objective 2, NCBH11 Objective 3, and NCBH5 Objective 1, and the provisions of NCBH19: Protected Structures relating to built heritage, and would thus be contrary to the proper planning and sustainable development of the area.

1. It is a policy (RD POL 38) of the Meath County Development Plan 2021-2027 (as varied), “To ensure that all development accessing off the county’s road network is at a location and carried out in a manner which would not endanger public safety by way of a traffic hazard”. The applicant has failed to demonstrate that adequate sightlines can be achieved at the proposed entrance. In the absence of unobstructed sightlines of 49 metres to the nearside edge of the road, measured from a setback of 2.4 metres in accordance with TII document DN- GEO-03060, and in the absence of an entrance layout demonstrated to be in accordance with the Meath Rural Design Guide, the proposed development would endanger public safety by reason of a traffic hazard and obstruction of road users. The proposed development would therefore be contrary to the aforementioned policy provisions of the Meath County Development Plan 2021 – 2027 (as varied) and thereby would be contrary to the proper planning and sustainable development of the area.
2. The proposed garage, located approximately 1 metre from the boundary with the adjoining residential property, would, by reason of its scale, massing and orientation, result in the overshadowing of a glazed door serving as a source of natural light to that dwelling. The proposal would unduly impact on the residential amenity of the adjoining property through loss of daylight and would therefore be contrary to the proper planning and sustainable development of the area.
3. Objective CAR OBJ 17 seeks, “To ensure that all new development respects the scale, form and character of the village”. The proposed development, by reason of its scale, massing and the use of brick as the finish to the front projecting gable, would result in a discordant and visually obtrusive form of development that would be out of character with the established streetscape and architectural vernacular of the village. The proposal would therefore fail to respect the scale, form and character of the village, contrary to Objective CAR OBJ 17 of the Meath County Development Plan 2021-2027, and would be contrary to the proper planning and sustainable development of the area
4. Objective CAR OBJ 8 of the Carlanstown Written Statement of the Meath County Development Plan 2021 – 2027 (as varied) seeks, “To protect the significant stands of trees in the village as identified in the land use zoning map and listed below and to retain significant hedgerows and stone walls where possible by incorporating them into future development layouts in the village”. The applicant has failed to adequately demonstrate the retention of the significant trees and hedgerows recorded on site, which are protected under the Meath County Development Plan 2021-2027. The trees do not appear on the submitted site layout drawing. In the absence of a landscaping plan or arborist's report addressing their retention and protection during construction, the Planning Authority is not satisfied that the proposed development would protect the significant stands of trees in the village, contrary to Objective CAR OBJ 8 of the Meath County Development Plan 2021-2027 and would be contrary to the proper planning and sustainable development of the area. 2660948
5. Based on the lack of information submitted, it cannot be objectively concluded that the proposed development would not result in adverse effects on the integrity of the River Boyne and River Blackwater SAC (Site Code: 002299) and the River Boyne and River Blackwater SPA (Site Code: 004232), either alone or in combination with other plans or projects, having regard to the conservation objectives of those European sites. The Planning Authority therefore cannot rule out the potential for significant effects on European sites. The proposed development would therefore be contrary to Article 6(3) of the Habitats Directive and the proper planning and sustainable development of the area.

1. The application site is located in an area zoned as ‘H1 – High Amenity’ as per the Meath County Development Plan 2021-2027, for which the objective aims ‘to protect and improve areas of high amenity’. The use of H1-zoned lands for residential purposes is not a permitted or open for consideration use on this zoning designation. Therefore, the proposed development, if permitted, would materially contravene the relevant land use zoning objective of H1 zoned lands, as per Meath County Development Plan 2021- 2027, would set an undesirable precedent for similar forms of development and would be contrary to the proper planning and sustainable development of the area.
2. The accommodation units to be retained, by reason of their inadequate floor areas and insufficient provision of private amenity space, fail to comply with the minimum quantitative and qualitative residential standards set out in Table 11.1 and Section 11.5.12 of the Meath County Development Plan 2021-2027, SPPR 2 of the Sustainable Residential Development and Compact Settlements Guidelines for Planning Authorities (2024), and Section 5.3.2 of the Quality Housing for Sustainable Communities: Best Practice Guidelines for Delivering Homes Sustaining Communities (2007). It is considered that the accommodation to be retained fails to comply with these standards and guidelines and represents a substandard form of development that fails to offer an adequate level of residential amenity for current and future occupants. As such, the development constitutes an unacceptable and substandard form of residential development, would seriously injure the residential amenities of occupiers, would set an undesirable precedent for similar development, and would be contrary to the proper planning and sustainable development of the area.
3. The proposed development is located within the River Boyne and River Blackwater SAC (Site Code 002299), which would require the submission of, at minimum, an Appropriate Assessment Screening report, which has not been submitted. It is policy (HER POL 32) of the Meath County Development Plan 2021 – 2027, “to only permit development on or adjacent to designated Special Areas of Conservation, Special Protection Areas, Natural Heritage Areas, Statutory Nature Reserves or those proposed to be designated over the period of the Plan, only where the development has been subject to the outcome of the Appropriate Assessment process” and HER OBJ 33, “to ensure an Appropriate Assessment in accordance with Article 6(3) and Article 6(4) of the Habitats Directives (92/43/EEC) and in accordance with the Department of Environment, Heritage and Local Government Appropriate Assessment of Plans and Projects in Ireland – Guidance for Planning Authorities, 2009 and relevant EPA and European Commission guidance documents, is carried out in respect of any plan or project not directly connected with or necessary for the management of the site but likely to have a significant effect on a Natura 2000 site(s).” Having regard to the lack of information submitted in regard to Appropriate Assessment, the Planning Authority is unable to fully assess proposals with regard to the potential for effects on the designated sites in the vicinity and cannot say beyond a reasonable scientific doubt that 2660936 the proposed development either individually, or in combination with other plans or projects, would not be likely to have a significant effect on the River Boyne and River Blackwater SAC, or any other European site, in view of the site’s conservation objectives. The proposed development would, therefore, be contrary to the policies and objectives of the Meath County Development Plan 2021-2027, and the Section 28 Ministerial Guidelines ‘Appropriate Assessment of Plans and Projects in Ireland, Guidance for Planning Authorities, 2009’ and the proper planning and sustainable development of the area.
4. The proposed development lies partially within an area designated as Flood Zone A as per Meath County Council’s MapInfo flood mapping, the OPW CFRAMS and NIFM flood mapping for the relevant area. It is the policy (INF POL 18) of Meath County Council ‘to implement the “Planning System and Flood Risk Management – Guidelines for Planning Authorities” (DoEHLG/OPW, 2009) through the use of the sequential approach and application of Justification Tests for Development Management and Development Plans, during the period of this Plan’ and (INF POL 20) ‘to require that a Flood Risk Assessment is carried out for any development proposal, where flood risk may be an issue in accordance with the “Planning System and Flood Risk Management – Guidelines for Planning Authorities” (DoECLG/OPW, 2009). This assessment shall be appropriate to the scale and nature of risk to and from the potential development and shall consider the impact of climate change.’ The applicant has not submitted a Site-Specific Flood Risk Assessment (SSFRA) sufficient to assess the flood risk implications of the proposed development. In the absence of such information, the Planning Authority is unable to determine the potential impact of the development on flood risk, assess whether the proposal can satisfy the requirements of the Justification Test, or make a fully informed assessment of the proposal. Having regard to the site's location on the River Boyne, adjacent to the confluence of the River Boyne and River Blackwater, in an area sensitive to flooding, the Planning Authority considers that the proposal has not adequately demonstrated that it would not be at risk of flooding or contribute to flood risk elsewhere. The proposed development, if permitted, would be contrary to the aforementioned Ministerial Guidelines, would materially contravene the policies INF POL 18 and INF POL 20 of the Meath County Development Plan 2021-2027, would be prejudicial to public health and be contrary to the proper planning and sustainable development of the area.

Having regard to the scale and nature of the proposed development, comprising a 540 square metre agricultural shed with accommodation for 36 cattle, hay and straw storage, underground slurry storage and a soiled water tank, the Planning Authority is not satisfied that the applicant has demonstrated a bona fide agricultural need for the proposed structure. The application is not accompanied by sufficient information regarding the applicant's agricultural enterprise, including details of landholdings, livestock numbers, herd registration, farm operations or other evidence, to include written support from Teagasc, in order to justify the requirement for a building of the scale proposed. In the absence of a robust agricultural justification, the Planning Authority considers that the proposal fails to comply with the requirements of DM OBJ 62, which seeks to ensure that agricultural developments are supported by a demonstrable functional need and are appropriate to their rural location. The proposed development would therefore be contrary to the proper planning and sustainable development of the area.

Reasons not yet available here. View the official case.

1. The proposed development, by reason of its location, design and nature, does not comply with the requirements of the European Union (Good Agricultural Practice for the Protection of Waters) Regulations 2022 i.e., the GAP regulations and the Department of Agriculture, Food and the Marine, minimum specification for concrete silage bases (S128). The proposed development would therefore be prejudicial to public health due to the potential for groundwater pollution arising from a failure in the integrity of the proposed development.
2. On the basis of the information provided with the application and in the absence of a Natura Impact Statement, the Planning Authority cannot be satisfied that the proposed development, individually or in combination with other plans or projects would not be likely to have a significant effect on Lough Carra/Mask Complex Special Area of Conservation (SAC) and Proposed Natural Heritage Area (pNHA) (Site code 001774) and the Lough Carra Special Area of Conservation (SAC) (site code 004051). Therefore, the development is likely to have significant negative adverse impact on the qualifying criteria of the Natura 2000 sites, would contravene materially an objective (NEO 11 – “To ensure that the impact of development within or adjacent to national designated sites, Natural Heritage Areas, Ramsar Sites and Nature Reserves likely to result in significant adverse effects on the designated site is assessed by requiring the submission of an Ecological Impact Assessment report (EcIA), Environmental Report (ER), an Environmental Impact Assessment Report (EIAR), if deemed necessary, and/ or a Natura Impact Assessment (NIS)…”) and policy (NEP 1 – “To support the protection, conservation and enhancement of the natural heritage and biodiversity of County Mayo, including the protection of the integrity of European sites, that form part of the Natura 2000 network, the protection of Natural Planning and Development Section Áras and Chontae, Castlebar, Co. Mayo www.mayo.ie | 0949064000 Heritage Areas, proposed Natural Heritage Areas…”), contained in the current Mayo County Development Plan 2022-2028, and therefore would be contrary to the proper planning and sustainable development of the area.
3. The proposed development is located within a designated flood risk area i.e. within the NIFM 1% and 0.1% AEPs. Notwithstanding any mitigation or compensatory measures, the proposed development, if permitted, would incur a loss of flood plain storage and as a result would increase flood levels elsewhere in the vicinity. It is therefore considered that the proposed development is in an area which is at risk of flooding and if permitted, would be contrary to the proper planning and sustainable development of the area.

In accordance with the land use zoning map for Castlebar town the site the subject of this application is zoned ‘Enterprise and Employment’. Therefore, the proposed residential development would materially contravene land use zoning objective 1 of the Castlebar Town and Environs Local Area Plan 2023-2029. Land use zoning objective 1 is ‘To Ensure that development progresses in accordance with the land use zoning objectives as set out in Table 11.1 and the Land Use Matrix contained in Table 11.2.” of the Plan. Therefore, the proposed development would be contrary to the proper planning and sustainable development of the area.

Objective IN O28 of the Kildare County Development Plan 2023-2029 seeks to ensure development proposals in rural areas demonstrate compliance with ground water protection schemes and flood risk guidelines. Furthermore, objective IN O33 of the Kildare County Development Plan 2023-2029 requires compliance with the Flood Risk Management Guidelines for Planning Authorities, DECLG and OPW (2009) and circular PL02/2014 (August 2014) or any updated version of these guidelines. Having regard to the proposed Waste Water Treatment System being sited within a 1% AEP flood risk zone and the Site Specific Flood Risk Assessment submitted not satisfying the Planning Authority that the proposal would not be liable to flooding leading to the endangerment of human and wildlife health, to permit the proposed development and development for retention would be prejudicial to public health, would materially contravene the Kildare County Development Plan 2023-2029 objectives and would be contrary to the proper planning and sustainable development of the area.

The proposed development by reason of scale, massing and design would negatively impact the visual and residential amenities of the local area and represent an inappropriate form of development at this location, and would if permitted, result in a visually obtrusive feature which would not fit appropriately or integrate effectively into this rural setting. Accordingly, to grant the proposed development would negatively impact the character of the area and would contravene policy objective Policy Objective RH9, in addition to Development Management standards 1 and 8 contained in the Galway County Development Plan 2022-2028, would not be in accordance with the Design Guidelines for Single Rural Houses, would detract from the visual and residential amenity of the area, as well as setting an undesirable precedent for similar future development, and therefore would be contrary to the proper planning and sustainable development of the area. 2

1. Having regard to the existing derelict structure on site which is not an existing family home, to the requirements of Policy Objective RH 6 contained in the Galway County Development Plan, 2022-2028, and to the information included with the planning application, the Planning Authority considers that the proposed development would be contrary to the requirements of Policy Objective RH 6. Accordingly, to grant the development as proposed, would materially contravene a policy objective contained in the current county development plan and would be contrary to the proper planning and sustainable development of the area.
2. The subject site is located in the rural area within the GCTPS, which is subject to strong urban influence as identified in the Sustainable Rural Housing Guidelines for Planning Authorities issued by the Department of the Environment, Heritage and Local Government in April 2005. Based on the information submitted with the planning documentation, and taking account of the existing derelict structure on site that is not verifiable as a former dwelling nor appears to be currently habitable, and in the absence of satisfactory substantiation under Policy Objective RH 7 Renovation of Existing Derelict Dwelling, it is considered that the proposal would not comply with the rural housing objectives as set out in the current Galway County Development Plan 2022-2028, in particular Policy Objective RC 2, Policy Objective RH2 and DM Standard 7 in the absence of sufficiently detailed local rural links substantiated. Therefore, if permitted as proposed, the proposed development is considered contrary to the rural housing provisions of the said county development plan. Accordingly, to grant the proposed development would contravene materially policy objectives and a development management standard contained in the Galway County Development Plan 2022-2028, would be contrary to ministerial guidelines issued to the planning authorities under Section 28 of the Planning and Development Act 2000 (as amended), would set an undesirable precedent for similar future development in the area, and would be contrary to the proper planning and sustainable development of the area.
3. Having regard to proposed development access point and generated traffic movements onto/from the local public road network, whilst considering the restricted exit and entry visibility splays owing to the sub optimum horizontal and vertical alignment in particular to the southern approach whereby it is considered traffic concerns will arise. Furthermore, it is considered the significant scale of roadside intervention that will be required, will negatively impact the public road and vulnerable road users’ safety. It is considered that if permitted as proposed that the development would endanger public safety by reason of traffic hazard, obstruction of road users or otherwise, contrary to policy objectives NNR2, DM Standards 28 and DM standard 33a of the Galway County Development Plan 2022-2028.
4. In the absence of a comprehensive bat survey surveying the bats and their roosts utilising the site and adjoining mature trees for foraging or commuting at different times including that of dawn, the Planning Authority cannot be satisfied, that the potential impact of the development on bats has been comprehensively addressed. In this regard, in the absence of contrary evidence, the development as proposed is considered contrary to Policy Objective NHB 9 to protect bats and bats habitats, of the Galway County Development Plan 2022-2028. Therefore, if permitted as proposed, it would materially contravene a policy objective contained in the current county development plan and would therefore be contrary to the proper planning and sustainable development of the area. 2

Having regard to proposed development access point and whereby generated traffic movements onto/from the regional public road network (R348), whilst considering the restricted exit and entry visibility splays owing to the sub optimum horizontal and vertical alignment on each western and eastern approach whereby it is considered traffic concerns will arise owing to the prevailing trafficked speeds. Furthermore, it is considered the significant scale of roadside intervention that will be required, will negatively impact the public road and vulnerable road users’ safety. It is considered that if permitted as proposed that the development would endanger public safety by reason of traffic hazard, obstruction of road users or otherwise, contrary to policy objectives NNR2, DM Standards 28 and DM standard 33a of the Galway County Development Plan 2022-2028. 2

1. Having regard to the failure of the applicant to demonstrate satisfactory evidence in relation to the planning status for the existing built form occupying the subject site, in conjunction with the proposal to hereby augment and further intensify the activity on site, the planning authority considers that the proposed development would if permitted and in the absence of demonstratable contrary evidence, perpetuate and intensify existing unauthorised development on site. Accordingly, to grant the development as proposed would therefore be contrary to the principles of the proper planning and sustainable development of the area.
2. 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 CD1 Rural Enterprise of the Galway County Development Plan 2022-2028. The development would therefore if permitted, 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.
3. 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 project in respect to the disproportionate scale/design of the vehicular access provision and associated hardstanding arrangement relative to the nature of the proposed 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 28 of the Galway County Development Plan 2022 – 2028 and therefore would be contrary to the proper planning and sustainable development of the area.
4. The Planning Authority noting the nature of the proposal, the lacunae associated with the proposal from a flood risk perspective 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 natura network (Lough Corrib SAC), environmental sensitivities and localised wildlife of the area. Having regard to the aforementioned and considering the precautionary principle, the Planning Authority is therefore not satisfied that the proposed development would comply with the Habitats Directive and the EU Water Frameworks Directive and relevant best practice guidelines. Therefore, if permitted as proposed, the Planning Authority cannot be satisfied that the proposal will not adversely affect the integrity of natural environment and European designations and to permit the proposal would therefore materially contravene Policy Objective CD1 (d), 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. SCHEDULE REFERRED TO - PLANNING REFERENCE NO. 26/61279 2
5. To permit the proposal having regard to the following: - the scale of the proposed structure and siting of the development footprint within close proximity of the public roadside verge, - the lack of justification for the proposal and the excessive provision of hardstanding to be implemented within the site curtilage, - the exposed setting and lack of sufficient mature and existing 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 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. 3

By virtue of its height, depth and its relationship with adjoining properties to the north and south, the proposed development would result in an unacceptably overbearing and overshadowing development, detrimental to the residential amenities of adjoining occupiers to the north, and would also result in loss of outlook to both adjoining occupiers to the north and south. Accordingly, the proposed development would directly conflict with Policy SPQHP41 and Objective SPHQO45 of the Fingal County Development Plan 2023-2029 and would set an undesirable precedent for similar development in the locality.

Reasons not yet available here. View the official case.

Reasons not yet available here. View the official case.

Reasons not yet available here. View the official case.

Reasons not yet available here. View the official case.

Reasons not yet available here. View the official case.

Reasons not yet available here. View the official case.

Reasons not yet available here. View the official case.

1. Having regard to: (i) to the dwelling’s listing as a NIAH structure (Reg No. 16,003,086) (ii) Objective WTR92 of the Wicklow-Rathnew Local Area Plan 2025 and Objectives CPO 8.18 and CPO 8.25 of the Wicklow County Development Plan 2022 2028 seek to protect existing structures of architectural importance and safeguard those buildings which form part of the historical and architectural character of Wicklow Town (iii) The lack of clarity on finishes, and insertion of dormer windows into the roof plane. (iv) Proposal to widen the existing entrance gate It is considered that the proposed development would impact negatively on this distinctive Georgian building which forms an essential part of the character of the area, would seriously injure the visual amenities and built heritage of the area, and would contravene the objectives of the Wicklow County Development Plan 2022-2028 and the Wicklow-Rathnew Local Area Plan 2025 which seek to ensure that development safeguards architectural character of Wicklow Town, and would therefore be contrary to proper planning and sustainable development.
2. Having regard to the size, scale and design of the proposed garage, its location abutting existing site boundaries including rear brick wall and trees, and proximity to the Murrough SPA, it is considered that the scale of the garage is excessive, could not be considered ancillary to the existing dwelling on site, would form a negative visual feature in the area and would have a negative impact on the amenities of adjoining residences. In addition, insufficient information has been submitted to confirm that the construction of the garage and surface water disposal from new structures will not give rise to negative impacts on the Murrough SPA and in the absence of such information the proposed development would be contrary to the protection of the conservation values of this Natura 2000 site and to the requirements of the Habitats Directive, and Objective CPO 17.4 of the County Development Plan 2022-2028. The development would therefore be contrary to proper planning and sustainable development.
3. Objective CPO 6.24 of the County Development Plan 2022-2028 provides that the provision of an independent unit will only be considered where it complies with the criteria set out in Section 3.1.9 of the Development and Design Standards (Appendix 1). No justification has been submitted for the need for the proposed family flat or evidence of compliance with the provisions of S 3.1.9, and in the absence of such information the proposal would represent a separate habitable unit on site in the absence of compliance with the appropriate standards for such development, would set a precedent for similar haphazard development, would be contrary to the amenities of the area, and proper planning and sustainable development.

The site is located in an area designated as an Area of Outstanding Natural Beauty in the Wicklow County Development Plan in relation to which it is the policy of the planning authority, whilst seeking to meet legitimate need for one-off rural housing for permanent native residents, to have regard to the County landscape classification Hierarchy. The designation and objectives are considered reasonable. Having regard to: a) The location of the site within the view line of Protected Prospect ID-25; b) The relatively unspoilt nature of this side of the L1059; c) The elevated nature of this side of the road and the siting and positioning of the dwelling in an elevated position above the road level; d) The lack of justification for the need to locate the dwelling on this sensitive site in an area of AONB and; e) The partial reliance of the proposed development on existing woodland and mature vegetation located on third party lands to assimilate it into the existing landscape; It is considered that, notwithstanding the applicant’s legitimate eligibility for consideration for one-off housing development in this rural area; taken in conjunction with the existing development in the immediate vicinity, it is considered that the proposed development would further diminish the rural character of the area and would seriously injure the visual amenities of the area, would be contrary to CPO 17.35 of the 2022-2028 Wicklow County Development which requires that all development proposals shall have regard to the County landscape classification hierarchy in particular the key landscape features and characteristics identified in the Wicklow Landscape Assessment (set in Volume 3 of the 2016 County Development Plan) and the ‘Key Development Considerations’ set out for each landscape area set out in Section 5 of the Wicklow Landscape Assessment and would be contrary to CPO 17.38 which seeks to protect listed views and prospects from development. The proposed development would, therefore, conflict with the County Development Plan policy, would seriously injure the visual amenities of the area, would set an undesirable precedent for similar type development, leading to the further erosion of the rural environment along this side of the L-1059 and would therefore be contrary to the proper planning and sustainable development of the area.

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1. Insufficient information has been submitted with regard to the full nature of the overall activity/use on the site to enable proper assessment of the issues associated with the activity/use having regard to the characteristics of the vicinity in which the site is located. As such the development would be contrary to the proper planning and sustainable development of the area.
2. An Appropriate Assessment Screening Report prepared by a suitably qualified person has not been submitted. As such it is not possible to properly determine if the development would have effects on the qualifying interests of the Slaney River Valley Special Area of Conservation and Wexford Harbour and Slobs Special Protection Area or any other European site. As such the development would be contrary to the proper planning and sustainable development of the area.
3. Insufficient information has been submitted with regard to the availability of sightlines at the site access to the regional road R730 to enable proper assessment of the traffic safety aspects of the proposed development. As such the development would be contrary to the proper planning and sustainable development of the area.
4. Insufficient information has been submitted with regard to the suitability of the wastewater treatment system on the site to cater for its likely loading and on the wastewater treatment systems of the directly adjoining dwellings. As such the development would be contrary to the proper planning and sustainable development of the area.
5. Insufficient information has been submitted on the provision of effective surface water management at the access point to the site to prevent the discharge of surface water to a road which experiences regular flooding events. As such the development would be contrary to the proper planning and sustainable development of the area.
6. Insufficient information has been submitted with regard to the ownership/control of the dwellings which directly adjoin the site. As such the development would be contrary to the proper planning and sustainable development of the area.
7. Insufficient information has been submitted on the fencing at the boundary of the enlarged site and on the provision and retention of boundary landscaping within the application site. As such the development would be contrary to the proper planning and sustainable development of the area.

Contradictory information has been submitted about the existing septic tanks on site and how these could be decommissioned. The application in its current form is therefore contradictory to EPA Code of Practice for Domestic Waste-Water Treatment Systems, 2001 and Section 8.3.1, Volume 2 of the Wexford County Development Plan 2022-2028 both of which seek to protect human health and the environment against adverse impacts. The proposed development would therefore be contrary to the proper planning and sustainable development of the area. Planner's Note: All components of the existing DWWTS need to be established to accurately propose a new development and ensure the decommissioning of the septic tanks is a viable option. Any future application should be accompanied by a full comprehensive exploratory report explaining what will happen with the existing septic tanks.

Section 3.2 of Volume 2 of the Wexford County Development Plan 2022-2028 refers to garages and stores which should be for domestic use only and for uses that should remain ancillary to the main use of the dwelling house. Garages/stores are limited to a maximum floor area of 80 sqm and a maximum height of 5m. The shed structure located to the side of the dwelling has a floor area of 148sqm and ridge height of 5.7m. Its appearance is also not in keeping with the character of the main dwelling. The proposal would therefore be contrary to Section 3.2 of Volume 2 of the Wexford County Development Plan 2022-2028 and would be contrary to the proper planning and sustainable development of the area. Planner's Note: The applicant may like to reconsider the description of the shed in future applications moving forward.