Newtown, Ballyvaughan, Co. Clare
Planning application 181076
DecisionRefused
Decided09 April 2019
Application typePERMISSION
Source documents4
Site
What is on file
3refusal reasons0conditions8nearby records
Proposed development
Application description published by Clare County Council.Application and appeal history
Structured appeal stages, outcomes and source documents currently tied to this application.No indexed appeal history
No structured appeal case is tied to this application. This means no appeal is indexed, not that an appeal is impossible.
Decision details
Core application dates and identifiers from the public planning record.Planning analysis
Refusal reasons and planning conditions extracted from the public decision file.Refusal reasons
Wastewater Percolation
Rock outcrop, limestone pavement, and proximity to Newtown Borehole prevent safe effluent disposal, creating public health and pollution risks.
Proper planning and sustainable development of the areaground conditions within the site which comprises of rock outcrop and limestone pavement in addition to the location of the Newtown Borehole in close proximity
Ecology
Site contains Annex 1 priority habitat (limestone pavement) and borders Blackhead-Poulsallagh SAC. Development would adversely affect the integrity of the European site.
Objective 14.2 European Sites, Clare County Development Plan 2017-2023site contains limestone pavement which is an Annex 1 priority habitat, and the site is also located immediately adjacent to Blackhead-Poulsallagh SAC
Rural Housing Need
Site lies within an 'Area of Special Control' / 'Strong Urban Pressure'. Applicants did not demonstrate compliance with CDP 3.11 criteria required for a new countryside house.
CDP 3.11, Clare County Development Plan 2017-2023; Sustainable Rural Housing Guidelines (2005)Planning Authority is not satisfied that the applicants comply with the criteria as set out in CDP 3.11 of the Plan
Conditions
No conditions
No conditions are on record for this application yet.
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Get a site risk brief with the local decision pattern and up to 80 detailed nearby comparables (40 refusals and 40 grants), including extracted reasons and source links. €29 incl. VAT, PDF by email.Inside the decision file
Extracts from the council's own decision documents for this application — 28 pages of searchable text on file.Chief Executives Order2 pages indexed
CLARE COUNTY COUNCIL PLANNING AND DEVELOPMENT ACT 2000 (AS AMENDED) Order No: LG S ‘Sa Reference Number: P18/1076 Name of Applicant: Richard and Boo Hearns Address: c/o Gareth McGuire 7 St James Terrace Malahide Co. Dublin K36 HV25 Application Received: 31/12/2018 Extension of time for making a decision up to and...
Planners Report22 pages indexed
C la re Pl a nn ng Au th or ity -I ns pe ct io n Pu rp os es O nl y!
Planners Report4 pages indexed
C la re Pl ann ng Au th or ity -I ns pe ct io n Pu r po se s O nl y!
Read the full decision filePro members can search and read every indexed page of this file with the AI research assistant — planner's reasoning, conditions, and precedent across 3 documents.
Source documents
Original council portal records and source PDFs where available.- Application fileApplication file on www.eplanning.ieSource portal
- Chief Executives OrderSource: clarecoco.eplanning.ie / 040a4f3a-838b-4e74-a9d7-93956572ae76.PDF / Document 443828Source PDF
- Planners ReportSource: clarecoco.eplanning.ie / 61682b4e-3b35-4a23-b299-88f56bd06cce.PDF / Document 438061Source PDF
- Planners ReportSource: clarecoco.eplanning.ie / Fa47e94d-6f37-4279-b618-a40966342d34.PDF / Document 438063Source PDF
Nearby precedent
Similar nearby applications linked to this planning decision.- 20703For to erect a dwelling house, entrance, install an effluent treatment system and percolation area and associated site works / 0.0 km away / 23 November 2020Refused
- 22523To construct a new dwelling house, proprietary wastewater treatment system and all associated site works / 0.4 km away / 04 August 2022Refused
- 22717To (a) Renovate and extend existing derelict substandard cottage (b) Install new wastewater treatment system with soil polishing filter (c) Enlarge existing entrance together with all associated site development works and services / 0.7 km away / 11 January 2023Refused
- 2360015To a) construct an entrance, dwelling house and detached domestic garage b) Install a wastewater treatment system and soil polishing filter c) Install a bored well together with all associated site development works and services / 1.3 km away / 28 March 2023Refused
- 20828To build a new dwelling house, install a wastewater treatment system, create a new entrance to the public road and all associated site and ancillary works / 1.4 km away / 15 July 2021Refused
- 20958To construct a farm house, waste water treatment system and associated site works / 1.9 km away / 17 February 2021Refused
- 24118To Extend the Appropriate Period of Planning Permission for P18/696 to extend the existing hotel, creating 8 additional guest bedrooms and all associated site and ancillary works / 2.4 km away / 29 May 2024Refused
- 23236To Extend the Appropriate Period of Planning Permission for P17-808 for development which will consist of the construction of a new part two-storey, part single-storey house, with a sewage treatment plant and percolation area, new stone boundary walls and a connection driveway, with a new road entrance and associated hard and soft landscaping / 2.7 km away / 13 June 2023Refused