2453

Retention and completion development consisting of: (1) Retention of partially constructed short stay holiday home, connection to main foul sewerage, extension to existing permeable stoned driveway and associated siteworks. (2) Completion of short stay holiday home to include external windows and internal fixtures and fittings. A Natura Impact State accompanies this application

Refused

Core Refusal Reason

The Planning Authority is legally precluded from granting retention permission for a development requiring a Natura Impact Statement, and the proposal constitutes an inappropriate, ad-hoc, and piecemeal development that would negatively impact sensitive coastal habitats.

Decision Maker's Conclusion

  • The Planning Authority is legally barred from granting retention permission for a development that requires a Natura Impact Statement (NIS), as such developments must instead seek substitute consent.
  • The proposed holiday home represents an ad-hoc and piecemeal form of backland development that would set an undesirable precedent for similar developments in the area.
  • The development would have a negative and injurious impact on ecologically sensitive coastal habitats adjoining the beach and Irish Sea, which is contrary to Policy TOU 34 of the Louth County Development Plan 2021-2027.

Cited Policies (CDP)

CLOG 1CLOG 2CLOG 4CLOG 9Policy TOU 34HOU 1NGB 3NGB 6TOU 25TOU 27TOU 28TOU 35MOV 56ENV 36ENV 38NGB 37IU19

Decision Document Summary

The applicant sought retention and completion of a partially constructed short-stay holiday home and associated site works at 10 Lea Cottages, Clogherhead, a site located in a narrow garden area adjacent to the beach and a caravan park. Louth County Council refused the application on two main grounds: first, a legal preclusion from granting retention permission where a Natura Impact Statement is required; and second, the determination that the proposal is an inappropriate, ad-hoc form of backlan...
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