Core Planning Reasoning
The applicant failed to demonstrate that the proposed development would not pose an unacceptable risk of waterborne pollution to the adjacent stream (Ardree Burn), thereby contravening County Development Plan objectives and precluding a determination that it would not significantly affect nearby European Sites.
Decision Maker's Conclusion
- The siting of the shed and apron immediately adjacent to a stream creates a risk of water pollution during construction and operation that was not adequately mitigated in the proposal.
- In the absence of a Natura Impact Statement, the Board cannot rule out significant adverse effects on the Lough Swilly SAC, Lough Swilly SPA, and Leannan River SAC via the hydrological link provided by the Ardree Burn.
- The proposed new access point off the L-5782-1 is considered undesirable when a viable alternative access through an existing farm laneway is available.
Cited Policies (CDP)
WES-O-4WES-O-5WES-O-6
Decision Document Summary
The proposal involves the construction of a 7-bay cattle shed (approx. 600 sqm) with underground slurry storage and a new access road on a 1-hectare agricultural field in Ramelton, Co. Donegal. While the Planning Authority initially granted permission, the Inspector recommended refusal following a third-party appeal. The key argument centers on the site's proximity to the Ardree Burn, which flows into Lough Swilly. The Inspector noted that the applicant provided insufficient detail on managing t...SOURCE PDFOpen Original
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