2660070

for - 1. Construction of 2 no. Loading docks to existing warehouse (Building A). 2. Extension of the existing concrete service yard Northeastwards (840 sqm). 3. Erection of a new section of retaining boundary wall along the Northeast boundary (65m l x 1.2m h). 4. Change of use of Building C from its previous use as a workshop to new use as Warehouse. 5. The siting of 5 no. Temporary Refrigeration containers to the northeast of Building A (12 x 2.5 x 3m) 6. The siting of 6 no. Temporary containers for Waterford Crane Hire on part of the service yard to the east of the site (6 x 2.5 x 3m), 1 no. for a staff canteen, 5 no. for Storage. 7. The siting of 1 no. Temporary office cabin for Waterford Crane Hire on part of the service yard to the east of the site (6 x 2.5 x 3m) 8. The siting of 1 no. Temporary canteen cabin to the northwest of warehouse building a (12 x 3 x 3m) Together with associated site works.

Refused

Core Refusal Reason

The development involves unauthorized works with a direct hydrological connection to the Lower River Suir SAC, requiring a Stage 2 Appropriate Assessment that cannot be assessed retrospectively, and would consolidate further unauthorized uses on the site.

Decision Maker's Conclusion

  • The retention of the concrete yard and retaining wall requires a Stage 2 Appropriate Assessment due to the direct hydrological connection to the Lower River Suir SAC, which cannot be legally assessed in retrospect under current legislative provisions.
  • The proposed retention of loading docks and temporary structures would consolidate an existing unauthorized warehousing use where the continuance of use has not been adequately evidenced or demonstrated.
  • The change of use and siting of temporary containers rely on unauthorized hardstand infrastructure, and granting permission would be contrary to proper planning by consolidating unauthorized development.

Cited Policies (CDP)

Decision Document Summary

Zinc Properties sought retention permission for various industrial works, including a yard extension, retaining wall, loading docks, and temporary structures at a site in Newrath, Co. Kilkenny, adjacent to the River Suir. The site is zoned for Business Industry and Technology Parks under the Ferrybank Belview Local Area Plan. Kilkenny County Council refused the application primarily because the works have a direct hydrological link to the Lower River Suir SAC, necessitating a Stage 2 Appropriate...
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