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AN Bord Pleanála has been urged to overturn Clare County Council’s decision to refuse planning permission for a multi-million Euro housing scheme in Lahinch.
The council recently turned down plans for the development of seven detached four-bedroom dwelling houses with detached sheds at School Road, Attycristora, Lahinch.
Associated site development works included wastewater pre-treatment and connections to public services.
A Natura Impact Statement was also submitted on behalf of the developers, SPL Property Limited, Saint Flannan’s View, Ennis.
This was the applicant’s second application for the proposed development at this site, which sought to address the council’s concerns raised in a Further Information Request in relation to the previous application.
In this subsequent application, the applicant’s design team revisited the layout and as indicated in the Senior Executive Planner’s Report dated July 1, 2022, the council’s concerns were successfully addressed in relation to a number of aspects.
These included drainage attenuation, boundary treatment, pedestrian infrastructure, construction traffic, management, water capacity, road layout, noise mitigation, parking and the requirement for a Screening for Appropriate Assessment to be carried out.
In its refusal, the planning authority considered the proposed development on site would be premature due to the existing deficiency in the provision of sewerage facilities in Lahinch and the period within which this constraint may reasonably be expected to cease.
It ruled the development of seven houses to be served by means of an on-site wastewater treatment would set an undesirable precedent for the development of further housing estates served by such ad-hoc treatment systems.
Taken in conjunction with the level of existing and approved development in the vicinity the development would result in a risk of pollution and would be prejudicial to public health.
The required €3,000 planning fee has been lodged with the board as part of this appeal.
HRW Planning Consultants argued in its appeal the development is not premature as Irish Water has confirmed that there is capacity locally and that an upgrade project is progressing to improve levels of treatment at Lahinch Wastewater Treatment Plant, which is due to be completed in 2025.
Furthermore, the consultants pointed out Irish Water has advised this constraint can be addressed in the short term by means of temporary pre-treatment.
“The proposed provision of a temporary pre-treatment unit will ensure there will be no additional impact nominal or otherwise on the emission limit values at the wastewater treatment plant.
“It will be designed and operated to environmental best practice and there is significant precedence for similar infrastructure in Clare and elsewhere nationally.
“Under the forthcoming Draft Development Plan, Clare County Council are themselves planning for growth in the settlement having regard to these improvement works.”
Commenting on the council’s reasons for refusal, the planning consultants pointed out the authority’s assertion the temporary on-site pretreatment unit would set an undesirable precedent conflicts with the decision making of the authority for social housing schemes in the county, as well as development elsewhere.
“The Development Management Guidelines for Planning Authorities 2007 underline the need for fair and consistent decision making.
“As detailed in this submission, significant recent precedent also exists elsewhere in the country, which supports the development as proposed.
“The claim the development will result in a pollution risk is not substantiated in any way. A Natura Impact Statement was prepared with the application, which confirms that the use of a temporary pre-treatment unit will guarantee there will be no contribution to emission limit values non-compliance at Lahinch Wastewater Treatment Plant.
“The pre-treatment unit will be designed and built in full accordance with best practice measures and will be subject to strict environmental monitoring controls and maintenance.
“This can be secured by way of applying a planning condition. If the provisions of the National Planning Framework and Regional Spatial and Economic Strategy for the region are to be delivered and compact growth realised, the provision of new homes in service settlements such as Lahinch must be prioritised and supported,” the consultants outlined.
