2360492

to build 45 no. detached, semi detached, two floored and three floored houses ranging in floor area from 110m2 (1184ft2) to 326m2 (3510ft2) and 45 no. self contained apartments in a single three floored building consisting of one bedroom, two bedroom and three bedroom units ranging in floor area from 58m2 (650ft2 to 136m2 (1463ft2). Together with installation of all necessary services including foul drainage disposal of connection to existing public foul drainage network, the installation of attenuation to the storm drainage outfall to the river, connection from existing public water main and also all associated site development works, including entrance through Ballinakill Park (27 houses & 45 apartments) and entrance through Island Lane (18 houses). All on site

Refused

Core Refusal Reason

The proposal was refused due to significant flood risks, material contravention of land-use zoning (Open Space and High Amenity), and the failure to provide a Natura Impact Statement (NIS) to assess potential adverse impacts on the adjacent Lower River Suir Special Area of Conservation.

Decision Maker's Conclusion

  • The development is partially located within Flood Zones A and B, failing the required Justification Test and posing an unacceptable risk to public health and safety.
  • The project materially contravenes the Waterford City & County Development Plan 2022-2028 by proposing residential units and infrastructure on lands specifically zoned for 'Open Space and Recreation' and 'High Amenity'.
  • In the absence of a Natura Impact Statement (NIS), the Planning Authority is precluded from granting permission as it cannot be demonstrated that the development will not adversely affect the integrity of the Lower River Suir Special Area of Conservation (SAC).

Cited Policies (CDP)

Table 11.1Table 11.2DO27BD01BD07BD08BD09BD11DM 06H17H18

Decision Document Summary

Sanpol Developments Ltd proposed a residential development of 45 houses and 45 apartments on a 3.77-hectare riverside site at Ballinakill, Waterford. The site is characterized by its proximity to the River Suir, significant flood risk zones, and sensitive ecological habitats. The application was refused primarily because the layout encroached upon floodplains and protected 'High Amenity' zoning, the apartment block was deemed monolithic and out of character for the riverside context, and the app...
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