Latest refusal decisions.

Based on the information submitted, the Planning Authority is not satisfied that the retention of the one bed apartment, garden shed and raised rear boundary wall are appropriate in the context of the existing dwelling on site, furthermore it is considered by the Planning Authority that the proposed one bed apartment, by reason of its scale, design and nature fails to comply with DM Standard 5: Dependant Relative Accommodation/ Granny Flats (Urban and Rural). The Planning Authority considers that the developments to be retained are visually obtrusive, represent an overdevelopment of this constrained site, and would adversely affect the residential amenities of adjoining properties and the character of the area. Accordingly, the retention of the development would set an undesirable precedent for similar forms of inappropriate development in the vicinity, would therefore be contrary to DM standard 5 and 6 of the Galway County Development Plan 2022 - 2028 and to th e proper planning and sustainable development of the area.

1. Based on the information submitted and having regard to the horizontal alignment of the L-1101 in a northerly direction from the proposed vehicular access site to the proposed development, and that visibility splays are indicated as outside the application site area, and thus any roadside improvement works that may be necessitated cannot be implemented under the current planning application, as per Section 34(4)(a) of the Planning and Development Act 2000 (as amended), and as such development works are outs ide the control of the applicant. In the absence of sufficient details regarding achievable safe sight distances the Planning Authority is not satisfied that safe access arrangements to serve the proposed development can be achieved and therefore, to grant the development as proposed would be contrary to DM Standard 28 and would endanger public safety by reason of traffic hazard or obstruction of road users or otherwise and thus would be contrary to the proper planning and sustainable development of the area.
2. Having regard to the following: - The lack of a formalised/authorised entrance arrangement serving the subject site, - The heavily trafficked nature of the local road directly serving the site, - The excessive scale of the development as hereby proposed and the intensification of vehicular movements on site associated with same; It is considered that, if permitted as proposed, the development would endanger public safety by reason of traffic hazard, be at variance with DM Standard 28 of the Galway County Development Plan 2022 – 2028 and therefore would be contrary to the proper pl anning and sustainable development of the area.
3. Having regard to the existing condition, location, level of mitigation works required, design and scale of the proposed development, in conjunction with the absence of a structural report on the existing structure on site, the requirements of Policy Objective RH 7 contained in the Galway County Development Plan, 2022 -2028, and the information included with the planning application, the Planning Authority considers that the proposed development contravenes materially Policy Objective RH7, as the proposal has not demonstrated the suitability/feasibility of the structure to be redeveloped. 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.
4. Having regard to the following: - The layout, plans and particulars illustrating for and incorporating for a proposed wastewater infrastructure, - Wastewater infrastructure being considered an integral component of development, - The lacunae associated with the development description/public notices whereby this integral wastewater infrastructure is not referenced, To permit the proposed development in the absence of adequate wastewater provision would constitute disorderly development with potential to have an adverse impact on public health and be contrary to DM Standard 38 of the Galway County Development Plan 202 2 – 2028 and to the proper planning and sustainable development of the area.

1. Having regard to the nature of the proposed development and the evidence on site that there is further unauthorised development in the form of an unauthorised shed on concrete blocks located less than 100 from a dwelling, other than the applicant’s house, and constructive works involving the erection of new stone walls and introduction of constructive elements typical for a dwelling house and not for an agricultural structure, within the confines of this site, it is considered that the proposed development would potentially result in the consolidation of unauthorised development. Furthermore, the applicant has not provided any justification in support of the proposed development. Therefore, it is considered by the Planning Authority that the proposed develop ment would, if permitted, perpetuate and intensify existing unauthorised development on site.
2. Having regard to National Policy, and the existing local public road network serving the proposed development where the speed limit of 100 km/h applies, whilst including considerations of the public road capacity, width and alignment and future significant maintenance requirements that would be required, it is considered that the proposed development would endanger public safety by reason of traffic hazard. The traffic hazard is a potential consequence of the additional traffic turning movements of agricultural vehicles and/or vehicles involving a trailer that the development would generate at a point, proximal to a National Road Junction and where the existing site entrance from and on to the road network is not demonstrated in the provided documents of the planning application as satisfactory. Therefore, the Planning Authority considers the proposed development in contravention with DM Standard 28 and Policy Objective NR 1 and NR4 of the Galway County Development Plan 2022 – 2028, which seeks to safeguard n ational, regional and local roads. Thus, the proposed development would be at variance with National Roads Policy in relation to control of development on/affecting national roads and 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.
3. The proposed development site is located 14m distance from the recorded monument SMR: GA106- 043--, Mill-corn and constructive works have been already carried out on site previous to the submission of the planning application. The applicant did not provide any evidence of notification related to the ongoing and proposed works to the Departm ent of Arts, Heritage and Gaeltacht. Therefore, the proposed development is contravening DM Standard 61 - Archaeological Conservation and Preservation (Urban & Rural Areas) of the Galway County Development Plan 2022 – 2028, would conflict with the development plan policy which seeks to preserve and protect items of archaeological/architectural importance and/or interest and, if permitted as proposed, would be contrary to the proper planning and sustainable development of the area.
4. The proposed development relates to a site including derelict structures and is located in close proximity to a line of mature trees along the nearby water course, to the remains of an older cornmill which is a recorded national monument surrounded by o vergrown vegetation and to a stone bridge, where the presence of bat habitats cannot be excluded. Having regard to the missing information on bats at this location, it is considered that the applicant has failed to demonstrate compliance with policy objective NHB 9 – Protection of Bats and Bats Habitats of the Galway County Development Plan 2022 – 2028 and, if permitted as proposed, the proposed development would be contrary to the proper planning and sustainable development of the area.
5. The application received indicates that the surface water management is not applicable to the proposed development. As the proposed work will inevitably generate surface water and possibly soiled surface water, due to the stated agricultural character of the proposed sheds, and in conjunction with the open watercourse located at 10m distance to west of the subject site, it is considered that the applicant has failed to demonstrate compliance with p olicy objective WR 1 – Water Resources of the Galway County Development Plan 2022 – 2028 and, if permitted as proposed, the proposed development would be contrary to the proper planning and sustainable development of the area.
6. Based on the information provided, it is considered that the design of the proposed development is not aligned with the design policy objectives for agricultural buildings as required by DM Standard 13 – Agricultural Buildings of the Galway County Development Plan 2022 – 2028 and does not reflect honestly the character of the proposed works, therefore it generates a misleading information on the use of the proposed structures. Furthermore, the erected stone walls to date display a building methodology which is conflictual with policy objective AH 13 – Traditional Building Skills of Galway County Development Plan 2022-2028. This can create an undesirable precedent for similar structures in the area and the proposed development would, if permitted, have a negative impact on the pattern of development in the area and would be contrary to the proper planning and sustainable development of the area.

1. The planning authority is not satisfied based on the information received and the lack of justification accompanying the application content that the proposed development would be in accordance with the provisions of Policy Objective AD1 Sustainable Agricultural Practices of the Galway County Development Plan 2022-2028. The development would therefore if permitted, materially contravene Policy Objective AD 1 and DM Standard 13 of the County Development Plan 2022-2028, would create a precedent for similar future developments in the area, and would be contrary to the proper planning and sustainable development of the area.
2. 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 intensity existing unauthorised development on site. Accordingly, to grant the development as proposed would therefore be contrary to the principles of the proper planning and sustainable development of the area.
3. Having regard to the lack of clarity provided regarding the wider agricultural practices and precise use of the proposed shed in respect to same, the siting of the units within the curtilage of a private residence and the scale and bulk of the proposed unit in the context of the local landscape, the planning authority consider that the proposed development will have a negative impact on the residential amenity of the existing property on site and the visual and rural amenity of the wider area, and therefore if permitted as proposed the development would depreciate the value of property in the vicinity of the site and would be contrary to the proper planning and sustainable development of the area.
4. The Planning Authority is not satisfied from a road safety perspective in relation to the proposed development whereby there is serious potential for conflictive movement to arise by virtue of vehicles/machinery utilising the agricultural sheds traversing the private curtilage of domestic residence resulting in a discordant arrangement on the overall site. Therefore, it is considered that, if permitted as proposed, the development would endanger public safety by reason of traffic hazard be contrary to DM Standard 13 of the Galway County Development Plan 2022 – 2028 and therefore would be contrary to the proper planning and sustainable development of the area.
5. The Planning Authority noting the contourings/gravity flow of the subject site and localised environment and the proximity of Lough Hackett to the proposed development and in the absence of an Ecological Impact Assessment Report being submitted, the proposed development is considered to have potential to result in an adverse impact on the Lough Hackett pNHA designation. Having regard to the aforementioned and considering the precautionary principle, the Planning Authority is therefore not satisfied that the proposed development would not result in adverse impact on the proposed Natural Heritage Area. Therefore, if permitted as proposed, the Planning Authority cannot be satisfied that the proposal will not adversely affect the integrity of aforementioned designation and to permit the proposal would therefore materially contravene Policy Objective NHB 4 of the Galway County Development Plan 2022-2028 and would be contrary to the proper planning and sustainable development of the area.