22/4977

(i) Demolish an existing building and remove associated fuel and oil tanks (ii) Erect a new garage building for the repair of motor vehicles along with use of same for depollution and dismantling of end of life vehicles and use of the building for storage of vehicles and parts and (iii) Storage of end of life vehicles and parts in external yard areas (iv) Decommissioning of existing septic tank and permission to install a new wastewater treatment system and ancillary sit works. A Natura Impact Statement (NIS) has been prepared and will be submitted to the planning authority with the application.

Refused

Core Refusal Reason

Failure to comply with biodiversity protection objectives and the requirements of the Habitats Directive.

Decision Maker's Conclusion

  • The proposed development is contrary to Objective BE 15 - 6 of the Cork County Development Plan 2022, which seeks to ensure the protection of biodiversity during the development management process.
  • The application fails to meet the legal requirements of the Habitats Directive as transposed into Part XAB of the Planning and Development Act.
  • Granting permission would be inconsistent with the proper planning and sustainable development of the area due to the potential impact on protected habitats and species.

Cited Policies (CDP)

Objective BE 15 - 6

Decision Document Summary

The proposal involved the demolition of an existing building and the removal of associated fuel and oil tanks at Kinahulla More, Boherbue, Mallow, Co. Cork. The planning authority refused the application on environmental grounds, citing a direct conflict with the Cork County Development Plan 2022 policies on biodiversity. Specifically, the decision maker determined that the project did not satisfy the rigorous requirements of the Habitats Directive, making it incompatible with the sustainable de...
SOURCE PDFOpen Original
Note: If code appears below, the council site is blocking the preview. Please open the original file.