22/5638

Permission for retention of; i) erection of greenhouse; ii) removal of hedge and provision of a temporary construction entrance at northern boundary; iii) earthworks and re-grading of garden area to provide a level strip of land along the southern boundary and all associated ancillary development works.

Granted

Core Planning Reasoning

The Inspector recommended granting retention permission, finding that the unauthorized earthworks and habitat damage, while irreversible, are best addressed through a staged planning approach that allows for the restoration of public access and the regularization of the site under specific conditions.

Decision Maker's Conclusion

  • The small area of habitat affected by the unauthorized works does not warrant a Stage 2 Appropriate Assessment, as the damage is irreversible and further restoration attempts might cause additional harm.
  • The two-stage approach taken by the Planning Authority (granting retention followed by a separate application for remedial works) is a reasonable and practical way to resolve enforcement issues and protect the coastal environment.
  • Retention is acceptable subject to conditions that ensure the restoration of the public coastal path and the timely removal of temporary construction access along the northern boundary.

Cited Policies (CDP)

Cork County Council County Development Plan 2022-2028CDP Objective BE 15-2Existing Residential / Mixed Residential and Other Uses zoningHigh Value Landscape designation

Decision Document Summary

This report concerns a third-party appeal against the retention of a greenhouse, temporary construction access, and significant earthworks/re-grading at a coastal residence in Fountainstown, Co. Cork. The site, located in a 'High Value Landscape' adjacent to the Cork Harbour SPA, was subject to enforcement proceedings following unauthorized development. The Inspector addressed concerns regarding the loss of coastal habitat and the obstruction of a public footpath. While acknowledging the irrever...
SOURCE PDFOpen Original
Note: If code appears below, the council site is blocking the preview. Please open the original file.