Core Refusal Reason
The applicant failed to provide a required Maritime Area Consent (MAC) for a site located partly within the nearshore area, legally precluding the Planning Authority from considering the application.
Decision Maker's Conclusion
- The application site is situated partly within the nearshore area, which requires a Maritime Area Consent (MAC) under Sections 281 and 282 of the Planning and Development Act 2000 (as amended).
- The applicant is not the holder of a Maritime Area Consent and failed to provide the necessary details required under Section 281(2)(b)-(d) of the Act.
- The Planning Authority is legally precluded from considering the application or granting permission under Section 282(1) of the Planning and Development Act 2000 due to the absence of the required consent.
Cited Policies (CDP)
Decision Document Summary
The proposal involves development at Sutton Golf Club on the Howth Peninsula, a site that extends into the nearshore maritime area. The application was refused on procedural and legal grounds because the applicant did not possess a Maritime Area Consent (MAC) as mandated by the Planning and Development Act 2000 for developments in such locations. Consequently, the Planning Authority was statutory barred from assessing the planning merits of the proposal or granting permission for the development...SOURCE PDFOpen Original
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