2351704

(1) AMENDMENTS TO CONDITION NO'S. 5(A), 6(A), 6(B) AND 6(C) OF PLANNING PERMISSION REF NO. 19/50881, (2) AMENDMENTS TO CONDITION NO. 4(B), 4(C) AND 8(A) OF PLANNING PERMISSION REF NO. 20/52024, AND (3) ERECTION OF A CAR WASH FACILITY

Granted

Core Planning Reasoning

The Inspector recommended retaining the restrictive conditions on operational hours (3a and 3b) because the applicant failed to demonstrate that 24-hour refueling operations, particularly noise from idling HGVs and refrigeration units at night, would not detrimentally affect the residential amenity of neighboring properties located as close as 20m to the site.

Decision Maker's Conclusion

  • The submitted noise report was found to be inadequate as it failed to specifically address the impact of HGV refrigeration units and idling engines during night-time hours.
  • The existing 3m high boundary fence was not demonstrated to be a certified acoustic barrier capable of mitigating noise from high-level units mounted on HGVs.
  • Restricting operational hours to 07:00–22:00 remains a necessary and relevant measure to protect the amenity of residents from noise and sleep disruption.

Cited Policies (CDP)

Donegal Development Plan 2024-2030 Map 21.52Section 3.3.3 (Service Towns)Policy CS-O-7 (Economic Growth)Policy NH-P-2 (Natura 2000 Protection)

Decision Document Summary

The applicant, Daly Bros (Retail) Limited, sought to amend conditions of previous permissions to allow 24-hour operation of fuel pumps and the erection of a car wash facility at an existing 0.38ha petrol station in Lifford, Co. Donegal. While the Planning Authority granted permission for the development, they re-imposed conditions (3a and 3b) restricting hours to 07:00–22:00 and requiring access barriers. The Inspector's assessment focused on the potential noise impact on residential properties ...
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