Core Refusal Reason
The application for retention was refused because the development would have required an Appropriate Assessment, which precludes the granting of retention permission under Section 34(12)(c) of the Planning and Development Act 2000.
Decision Maker's Conclusion
- The development to be retained would have required an Appropriate Assessment (AA) under the Habitats Directive.
- Section 34 (12) (c) of the Planning and Development Act 2000 (as amended) prohibits the Planning Authority from considering retention applications for developments that would have required an AA.
- Consequently, the Planning Authority is legally mandated to refuse the application for retention of the unauthorised milk silo tanks.
Cited Policies (CDP)
Decision Document Summary
This application sought retention permission for three milk silo tanks located at Strand Street, Kanturk, Co. Cork. The local authority refused the application based on statutory limitations regarding unauthorised developments. Specifically, because the development would have necessitated an Appropriate Assessment, Section 34(12)(c) of the Planning and Development Act 2000 prevents the planning authority from granting retention permission in such circumstances....SOURCE PDFOpen Original
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