2560493

to reclaim and improve lands for agricultural use by filling said lands with imported clean inert material including sub soil and topsoil and all associated site works

Refused

Core Refusal Reason

The application was refused due to significant road safety concerns regarding access onto a restricted national road, the absence of a site-specific flood risk assessment in a known flood zone, and insufficient environmental data to rule out adverse impacts on protected European sites and the environment.

Decision Maker's Conclusion

  • The proposed development would result in an intensification of use of an existing access onto the restricted N65 national secondary road, creating a traffic hazard due to inadequate sight distances and unsatisfactory turning movements.
  • The applicant failed to provide a site-specific flood risk assessment for a site located within an identified flood risk area, which could lead to the displacement of floodwater elsewhere.
  • Insufficient information was submitted to rule out the requirement for a mandatory Environmental Impact Assessment (EIA) or to ensure that the proposal would not adversely affect the integrity of nearby Natura 2000 sites.

Cited Policies (CDP)

Section 4.6Section 4.6.3Section 6.17Section 8.13Section 10.6Section 10.15Section 14.4Section 14.6Section 15.2.4Section 15.3.1Section 15.3.2Section 15.6Section 15.7.2Section 15.13.2Policy Objective NHB 1Policy Objective NHB 2Policy Objective NHB 3Policy Objective NHB 4Policy Objective WR 1Policy Objective FL1Policy Objective FL8Policy Objective LCM 2Policy Objective LCM 3Policy Objective WW 6Policy Objective WW 11Policy Objective NNR1Policy Objective NNR2DM Standard 11DM Standard 13DM Standard 27DM Standard 28DM Standard 29DM Standard 33DM Standard 36DM Standard 38DM Standard 46DM Standard 47DM Standard 50DM Standard 67

Decision Document Summary

The applicant, Shane McClearn, sought permission to reclaim and improve 3.8 hectares of land for agricultural use at Ballynaheskeragh, Co. Galway, by infilling the site with imported clean inert material. The Planning Authority refused the application on the grounds that it would create a traffic hazard on a restricted national road, lacked a necessary flood risk assessment for a flood-prone area, and failed to provide adequate environmental assessments (AA and EIA) to demonstrate that the works...
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