Core Refusal Reason
The primary reason for refusal is the failure to satisfy the precautionary principle regarding Appropriate Assessment; specifically, there is reasonable scientific doubt that the permanent loss of one-third of the site's natural grassland would not adversely affect the integrity of European Sites (Baldoyle Bay SPA, North Bull Island SPA, and Malahide Estuary SPA) which rely on the site as an ex-situ feeding ground for Light-bellied Brent Geese.
Decision Maker's Conclusion
- The Inspector concludes that the discovery of goose droppings on-site in February 2024 creates a likelihood of usage that contradicts the applicant's bird survey findings, establishing a genuine scientific uncertainty.
- The permanent removal of 33% of the site's amenity grassland is deemed a significant loss of QI (Qualifying Interest) habitat for the Light-bellied Brent Goose, making a Stage 2 Appropriate Assessment mandatory.
- While technical matters such as lighting, noise, and flood risk were found to be largely acceptable or mitigatable, the proposal remains at variance with the Fingal Development Plan 2023-2029 objectives regarding biodiversity and the protection of European Sites.
Cited Policies (CDP)
Objective DMS0145Policy GINHP28Objective GINH067Policy CSP23Policy GINHP21Policy GINHP22Objective GINHO44Policy GINHP5Objective GINHO2Objective GINHO27Objective GINHO28Policy GINHP17Objective GINHO35Objective GINHO79
Decision Document Summary
This report evaluates a first-party appeal by Howth Celtic Football Club following Fingal County Council's refusal of permission for a new 100m x 59m all-weather pitch, 15m high floodlights, and a 28-space reinforced grass car park. The site is situated on the 'Tombolo of Sutton' within a 'High Amenity' zoning objective. The Inspector notes that while sports facilities are acceptable in principle in this zone, the site's ecological function as an ex-situ foraging area for Light-bellied Brent Gee...SOURCE PDFOpen Original
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