23458

for the following works: to construct a new pedestrian access gate, gravel walkway, timber post and rail fence and all associated site works. This development is located within the East Burren complex SAC. A Natura Impact Statement will be submitted to the planning authority as part of this planning application

Refused

Core Refusal Reason

The application was refused due to traffic safety hazards, inadequate assessment of impacts on a European site (SAC), and non-compliance with biodiversity protection policies.

Decision Maker's Conclusion

  • The proposed entrance would create a traffic hazard and endanger public safety due to restricted sightlines and the creation of an informal crossing on the L-5000.
  • The Natura Impact Statement (NIS) was insufficient as it failed to consider in-combination effects with other projects and lacked a Construction Environmental Management Plan (CEMP), preventing a conclusion of no adverse impact on the East Burren complex SAC.
  • The proposal involves the removal of vegetation within a designated site without compensatory planting, failing to promote biodiversity net gain and contradicting habitat protection objectives.

Cited Policies (CDP)

CDP 15.3CDP 15.4CDP 15.5CDP 14.5CDP 15.7CDP 15.8CDP 15.12

Decision Document Summary

The proposal by Kilkeedy Community Group involved the construction of a pedestrian gate, gravel walkway, and fencing at Attyslaney South, Tubber, to connect a local playground/GAA grounds to woods within the East Burren complex SAC. The planning authority refused permission because the development would create a traffic hazard due to poor visibility at the entrance, failed to demonstrate that it would not adversely affect the integrity of the SAC due to omissions in the Natura Impact Statement, ...
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