2460221

Permission for: (i) Works to facilitate infill and re-contouring of the subject lands to facilitate use for agricultural purposes. (ii) All associated works and services. The application relates to an activity requiring a Waste Facility Permit/Certificate of Registration from Louth County Council which will be applied for separately

Refused

Core Refusal Reason

The proposal was refused due to significant inadequacies in the submitted environmental information, a lack of agricultural justification for the large-scale infill, and potential adverse impacts on protected wetlands, European sites, archaeological heritage, and the rural landscape.

Decision Maker's Conclusion

  • The applicant failed to provide sufficient information to rule out significant adverse effects on the Dundalk Bay SPA and SAC, and did not adequately assess the impact on the Cunnicar Wetland (Site No. 270).
  • The scale of the infill (up to 2.9m depth) and the lack of a clear written justification for agricultural need led the Planning Authority to view the proposal as a commercial activity rather than a necessary agricultural improvement.
  • The development would result in the loss of over 80 metres of mature roadside hedgerow and potentially impact a recorded archaeological monument (Souterrain LH006-012), detrimentally affecting the visual amenity and heritage of the rural area.

Cited Policies (CDP)

NBG 3NBG 4NBG 5NBG 6NBG 9NBG 10NBG 11NBG 19NBG 20ENV 39IU 19IU 25IU 26IU 27BHC 5-7BHC 6Section 13.13.11.2Chapter 8.9Chapter 8.11

Decision Document Summary

Billy O'Leary sought permission for the infilling and re-contouring of a 1.916 ha site at Cunnicar and Derryfalone, Dundalk, using imported soil and stone to facilitate agricultural use. The site is located in a rural area and encroaches upon the Cunnicar Wetland. Louth County Council refused the application on six grounds, primarily citing the inadequacy of environmental and technical information regarding Appropriate Assessment, wetland protection, and flood risk. Furthermore, the council dete...
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