Core Refusal Reason
The development constitutes a significant unauthorized departure from the previously permitted scheme (Ref. 18/741) regarding scale and layout, and fails to demonstrate that it will not adversely impact the integrity of nearby European protected sites.
Decision Maker's Conclusion
- The works for which retention is sought involve substantial unauthorized deviations from the permitted scheme, including changes to site levels, building height, floor area, and internal layouts.
- The applicant failed to provide adequate evidence that environmental mitigation measures required by the previous permission were implemented, posing a risk to the Coole Garryland Complex SAC and SPA.
- Granting permission would consolidate unauthorized development and materially contravene County Development Plan objectives NHB1 and DS 6 regarding the protection of European sites.
Cited Policies (CDP)
Chapter 3 Urban & Rural HousingChapter 10 Cultural, Social and Community DevelopmentObjective NHB1Objective DS 6
Decision Document Summary
This application sought retention for elevational alterations to a previously permitted apartment and creche block in Ballyhugh, Gort. The planning authority determined that the actual works carried out constituted a major departure from the original grant (Ref. 18/741), involving unauthorized increases in height and floor area. Permission was refused as the development would perpetuate unauthorized works and because the applicant failed to prove that the construction and operation of the site w...SOURCE PDFOpen Original
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