2560303

proposed works which will consist of the following: Works to facilitate infill and recontouring of the subject lands using soil and subsoil to reclaim the land for agricultural infilling purposes. The infilled material will be seeded and grassed. All associated works and services and use of existing entrance onto public road. A Natura Impact Statement (NIS) will also be submitted along with the application. The application relates to an activity requiring a Waste Facility permit from Wicklow County Council or Article 27 approval from the EPA which will be applied for separately

Refused

Core Refusal Reason

The proposed land reclamation poses significant environmental risks to the Murrough SAC/SPA due to its proximity to watercourses and lacks sufficient justification or technical detail regarding landscape impacts and operational nuisances.

Decision Maker's Conclusion

  • The development poses a serious risk of water pollution and sediment runoff into hydrological pathways connected to the Murrough SAC and SPA, violating the Habitats Directive.
  • The applicant failed to provide adequate justification for the works or sufficient technical detail regarding impacts on protected prospects, noise, dust, and the proximity of works to watercourses.
  • The scale of the infilling (up to 3.5m) and the lack of a proven agricultural need would result in the unnecessary deterioration of the rural landscape and set an undesirable precedent for haphazard development.

Cited Policies (CDP)

CPO 13.3CPO 17.26CPO 17.37CPO 17.38CPO 19.20CPO 17.1Appendix 1 Section 2.3.5CPO 15.10CPO 15.15

Decision Document Summary

The proposal sought permission for the reclamation of 3.41 hectares of agricultural land at Ballinacor East, Kilbride, through the importation of 55,000 tonnes of soil and stone over five years. The site is located within a sensitive coastal area (AONB) near the Murrough Wetlands SAC/SPA. Wicklow County Council refused the application primarily because of the potential for adverse impacts on European sites via watercourse connectivity and a lack of specific mitigation measures. Furthermore, the ...
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