Core Refusal Reason
Insufficient information and inadequate Appropriate Assessment screening to rule out significant adverse effects on the Malahide Estuary SPA and SAC.
Decision Maker's Conclusion
- The applicant failed to provide sufficient ecological information, specifically a Screening for Appropriate Assessment or Natura Impact Statement, to assess impacts on the Malahide Estuary SPA and SAC.
- The submitted screening report incorrectly included mitigation measures to rule out significant effects, which is contrary to European case law (CJEU C-323/17).
- The application contained an inaccurate development description and lacked a robust assessment of cumulative effects, preventing the Planning Authority from concluding that the project would not adversely affect European site integrity.
Cited Policies (CDP)
Decision Document Summary
The proposal involves the construction of a circular water storage tank at The Island Golf Club in Donabate, Co. Dublin. The site is directly connected to the Malahide Estuary SPA and SAC. The Planning Authority refused permission because the application lacked sufficient ecological data and a valid Appropriate Assessment screening. Specifically, the documentation failed to meet legal standards by including mitigation measures at the screening stage and providing an inadequate assessment of cumu...SOURCE PDFOpen Original
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