Core Refusal Reason
The development is located on lands zoned for Open Space and designated as Constrained Land Use (flood risk), where the proposed commercial uses are not permitted and pose unacceptable flood risks.
Decision Maker's Conclusion
- The proposed shop use is not permitted under the 'Open Space, Amenity and Recreation' zoning objective and materially contravenes the Land Use Zoning Matrix (Table 12.1).
- The development is situated on lands designated as 'Constrained Land Use' where independent commercial uses are not ancillary to existing uses and contravene flood risk management objectives (LUZO-14).
- The site is located within a high-probability flood zone, and the development is considered to pose unacceptable flood risks, making it contrary to the proper planning and sustainable development of the area.
Cited Policies (CDP)
Section 12.4.9LUZO-10Section 12.6.1LUZO-14LUZO-01Table 12.1
Decision Document Summary
This application sought the retention of a 17.4 SqM shop unit with signage and a 4.3 SqM mobile sauna unit at Mid Ireland Adventure, The Marina, Banagher, Co. Offaly. The site is zoned for 'Open Space, Amenity and Recreation' and is designated as 'Constrained Land Use' due to its location in a high-probability flood area. Offaly County Council refused permission because the commercial uses are not permitted under the current zoning matrix, the development fails to meet flood risk justification t...SOURCE PDFOpen Original
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