2460943

for the construction of a 2-storey mixed use building consisting of 2 no. ground floor office units & 2 no. first floor apartments, removal of existing palisade fencing & construction of new front boundary walls with vehicular entrance, provision of carparking, bike shelter and bin storage area, decommission of septic tank and connection to main sewer, and allassociated site works. Gross floor space of proposed works: (House) 135 sqm & (Commercial) 134.5 sqm

Refused

Core Refusal Reason

The development was refused primarily due to significant flood risk concerns (site located in Flood Zones A & B), potential adverse impacts on nearby European protected sites (SAC/SPA), and the failure to submit a mandatory Linguistic Impact Statement for a project in the Gaeltacht.

Decision Maker's Conclusion

  • The Planning Authority is not satisfied that the site is not at risk of flooding, as it is located within Flood Zones A and B and the adjoining culvert is considered hydrologically constrained, creating a risk of displacing flood waters to other locations.
  • Due to the direct hydrological link to the Inner Galway Bay SPA and Galway Bay Complex SAC, the potential for adverse effects on the integrity and conservation objectives of these European sites cannot be ruled out.
  • The applicant failed to submit a required Linguistic Impact Statement, which is a mandatory requirement for residential developments of two or more units in the Gaeltacht to ensure the protection and reinforcement of the Irish language.

Cited Policies (CDP)

DM Standard 68Policy Objective FL 2Policy Objective FL 3Policy Objective FL 8Policy Objective GCMA 19Policy Objective NHB 1Policy Objective NHB 2Policy Objective NHB 3Policy Objective WR 1DM Standard 50Policy Objective GA 4Policy Objective CS 1Policy Objective SS1Policy Objective TWHS 1Policy Objective FL 14Policy Objective WW 4Policy Objective WW 7Policy Objective WW 11DM Standard 1DM Standard 3DM Standard 11DM Standard 28DM Standard 29DM Standard 33DM Standard 35DM Standard 36DM Standard 46DM Standard 47DM Standard 48DM Standard 63DM Standard 64DM Standard 67

Decision Document Summary

The applicant sought permission for a two-storey mixed-use building consisting of two ground-floor office units and two first-floor apartments on a vacant site in Freeport, Bearna, Co. Galway. While the site is zoned for 'Town Centre' use within the Galway Metropolitan Area Strategic Plan (MASP), the proposal was refused because the site is situated entirely within high-risk flood zones (A & B). The Planning Authority determined that the development would contravene flood management policies, po...
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