Core Refusal Reason
The development would result in the permanent and irreversible loss of potential habitat for the Corncrake within the Malin Head Special Protection Area (SPA), which would run contrary to the conservation objectives to restore the species' population and would adversely affect the integrity of the Natura 2000 site.
Decision Maker's Conclusion
- The Inspector found that the permanent loss of agricultural land within the Malin Head SPA would impede the attainment of conservation objectives aimed at restoring the Corncrake population, which is currently below target levels.
- While the applicant demonstrated a rural housing need and addressed design concerns regarding roof pitch and fenestration, these considerations do not override the statutory protections afforded to European sites under the Habitats Directive.
- Reasonable scientific doubt remains as to the absence of adverse effects on the integrity of the Malin Head SPA; therefore, the Inspector recommended that the Commission uphold the Planning Authority's decision to refuse permission.
Cited Policies (CDP)
Policy RH-P-3Policy RH-P-9Policy RH-O-4Policy BIO-P-1Policy L-P-2Policy L-P-8Map 11.1 (Scenic Amenity)Appendix 4 of Part B (Rural Housing Design Guide)
Decision Document Summary
The proposal involves the construction of a single-storey four-bedroom dwelling, a wastewater treatment plant, and a percolation area on a 0.35-hectare triangular site at Culoort, Malin Head, Co. Donegal. The site is located in a 'Structurally Weak Rural Area' and an 'Area of High Scenic Amenity' within the Malin Head SPA. The Planning Authority refused the application primarily on ecological grounds. The applicant argued that the site is currently unsuitable for Corncrakes and offered to create...SOURCE PDFOpen Original
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