Core Refusal Reason
The Planning Authority is precluded from assessing the application due to evidence of previous unauthorized infilling on the site which requires substitute consent, alongside significant information deficits regarding environmental impacts, drainage, and traffic safety.
Decision Maker's Conclusion
- The Planning Authority is legally precluded from determining the application under Section 177K (1) of the Planning and Development Act 2000 because unauthorized infilling has already occurred, making the development subject to substitute consent procedures.
- The applicant failed to provide adequate information, including EIAR and AA screening reports, to assess potential impacts on the Dundalk Bay SAC and SPA, to which the site has a direct hydrological connection.
- The proposal lacks essential technical details regarding surface water management (Policy IU 19), flood risk assessment, and the capacity of the local road network to safely accommodate the projected HGV traffic movements.
Cited Policies (CDP)
NBG 3NBG 4NBG 5NBG 6NBG 9NBG 10NBG 1113.19.1413.16.1713.9.1513.9.16ENV 39IU 19IU 25IU 26IU 27ENV 18Section 8.5
Decision Document Summary
The applicant sought permission for the importation of subsoil to raise and level ground for land improvement at Haynestown, Dundalk, Co. Louth. Louth County Council refused the application primarily because evidence of previous unauthorized infilling on the site necessitates a substitute consent application to An Bord Pleanála, stripping the local authority of its power to grant permission. Additionally, the application was found to have critical information gaps regarding the source and volume...SOURCE PDFOpen Original
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