An Bord Pleanála

PLANNING AND DEVELOPMENT ACTS 2000 TO 2010

Kildare County

Planning Register Reference Number: 10/245

An Bord Pleanála Reference Number: PL 09.238047

APPEAL by Thomas and Mary Doyle care of Conroy Crowe Kelly of 65 Merrion Square, Dublin against the decision made on the 29 th day of October, 2010 by County Council to refuse permission.

PROPOSED DEVELOPMENT: Provision of a foul effluent treatment plant on lands circa 620 metres north-east of the Catholic church on the east side of the in village. The development will comprise of the construction of a fenced compound of 0.0936 hectares containing a single-storey slated roof control building, underground pumping station, storage tanks and inlet works, aeration tanks and outfall discharge to the Bothogue River and associated drainage pipework connecting the plant to lands on the old N9 roadway through the village of Moone (the subject of a separate planning application, planning register reference number 04/1268,) all on lands circa 620 metres north-east of the Catholic church on the east side of the N9 road in Moone village, .

DECISION

REFUSE permission for the above proposed development based on the reasons and considerations set out below.

MATTERS CONSIDERED

In making its decision, the Board had regard to those matters to which, by virtue of the Planning and Development Acts and Regulations made thereunder, it was required to have regard. Such matters included any submissions and observations received by it in accordance with statutory provisions.

______PL 09.238047 An Bord Pleanála Page 1 of 2 REASONS AND CONSIDERATIONS

1. The proposal to provide a private temporary wastewater treatment plant to serve a development, which was permitted under planning register reference number 04/1268/appeal reference number PL09.220592 subject to condition (number 5) that it be connected to the permanent municipal wastewater treatment plant permitted to the said same applicants under planning register reference number 05/519/appeal reference number PL09.216327, constitutes an unplanned and unsustainable approach to the provision of wastewater treatment facilities, would set an undesirable precedent for further such temporary facilities and militate against the provision of an adequate wastewater treatment facility for the settlement of Moone/Timolin as envisaged under the ‘Moone/Timolin Sewerage Scheme’ (2001), would be contrary to policy WW1 of the planning authority as set out in the Kildare County Development Plan 2011-2017 to ensure that settlements are proposed with an adequate wastewater treatment plant. The proposed development would, therefore, be contrary to the proper planning and sustainable development of the area.

2. The Board is not satisfied that the applicant has demonstrated that adequate sightlines can be achieved at the proposed site entrance and that the proposed development would not endanger public safety by reason of a traffic hazard and the obstruction of road users.

Member of An Bord Pleanála duly authorised to authenticate the seal of the Board.

Dated this day of 2011.

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