Core Refusal Reason
The application was refused due to the applicant's failure to demonstrate legal interest in the foreshore lands, significant risks to the integrity of protected European sites (SAC and SPA), and adverse impacts on a highly sensitive coastal landscape and road safety.
Decision Maker's Conclusion
- The applicant failed to demonstrate sufficient legal interest or obtain a Maritime Area Consent (MAC) for works on the foreshore, meaning the proposal cannot be implemented under Section 34(4)(a) of the Planning and Development Act 2000.
- The development is located fully within the Inner Galway Bay SPA and Galway Bay Complex SAC, and in the absence of an Appropriate Assessment or Flood Risk Assessment, the Planning Authority cannot exclude significant adverse impacts on these protected European sites.
- The proposal would result in a visually obtrusive feature within a Class 3 Special Landscape and designated Scenic Viewpoint, while also creating hazardous traffic conditions and haphazard movements at a restricted coastal location.
Cited Policies (CDP)
DM Standard 28DM Standard 33(a)Policy Objective NNR2Policy Objective NHB 1Policy Objective NHB 2Policy Objective NHB 3DM Standard 50Policy Objective LCM1Policy Objective LCM2Policy Objective LCM3DM Standard 46Policy Objective FL 2Policy Objective FL 3Policy Objective MCT 2
Decision Document Summary
The proposal sought a five-year temporary permission for the placement of two mobile sauna units and two changing units on a 0.0008Ha site at Rinville West, Oranmore. The location is a sensitive coastal area within the Galway Bay Complex SAC and Inner Galway Bay SPA, also designated as a scenic viewpoint. Galway County Council refused the application because the applicant did not prove legal interest in the foreshore, failed to provide necessary environmental and flood risk assessments, and the ...SOURCE PDFOpen Original
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