Core Refusal Reason
The failure to submit a Natura Impact Statement (NIS) to address potential adverse impacts on the integrity of European sites, specifically regarding surface water management and the habitat of the Lesser Horseshoe Bat.
Decision Maker's Conclusion
- The Planning Authority determined that the potential for significant effects on European sites, including Lough Cutra SAC and Coole Garryland Complex SAC/SPA, cannot be excluded without the implementation of mitigation measures.
- Under CJEU Case Law (Case C-323/17), the reliance on preventative or mitigation measures at the screening stage triggers the requirement for a Stage 2 Appropriate Assessment and the submission of a Natura Impact Statement.
- In the absence of a Natura Impact Statement, the development would materially contravene policy objectives intended to protect European sites for flora and fauna and would be contrary to the proper planning and sustainable development of the area.
Cited Policies (CDP)
Policy Objective NHB 1Policy Objective NHB 2Policy Objective NHB 3DM Standard 50Policy Objective RH 2DM Standard 8
Decision Document Summary
Donall O’Connor and Aoife Nash applied for permission to construct a 219 sqm bungalow, garage, and wastewater treatment system at Cloghnakeava, Gort, Co. Galway. While the applicants successfully demonstrated a rural housing need, the site's proximity and hydrological connectivity to several Natura 2000 sites raised significant environmental concerns. The application was refused primarily because the ecological reports submitted by the applicant proposed mitigation measures to protect the Lesser...SOURCE PDFOpen Original
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