Core Refusal Reason
The application was refused due to the presence of unauthorized construction and demolition waste, the lack of a required flood risk assessment for a site in a flood zone, and the failure to demonstrate that the works would not adversely affect the River Nore/River Barrow SAC.
Decision Maker's Conclusion
- The site contains an unauthorized landfill with construction and demolition waste, which is contrary to the Southern Regional Waste Management Plan and the objectives of the Kilkenny County Development Plan.
- The applicant failed to submit an adequate flood risk assessment for a development located within an identified flood risk zone, which is contrary to proper planning and sustainable development.
- The Planning Authority determined that likely significant impacts on the Natura 2000 network (River Nore/River Barrow SAC) could not be ruled out, and the applicant failed to provide a Natura Impact Statement as required under the EU Habitats Directive.
Cited Policies (CDP)
Chapter 7 - Rural DevelopmentChapter 13 - Requirement for developmentChapter 9 - Landscape Character Assessment (Sect 9.2.12.1)Kilkenny City and County Development Plan 2021-2027Southern Regional Waste Management Plan
Decision Document Summary
The proposal sought the retention of imported inert material from slatted shed excavations for land reclamation works, involving the raising of ground levels by 0.8m on a 1.103 ha site at Mallardstown Great, Kells, Co. Kilkenny. The site is located within a flood risk zone and is hydrologically linked to the River Nore/River Barrow SAC via the Caherlesk Stream. The application was refused because the deposited material contained unauthorized construction and demolition waste, the applicant faile...SOURCE PDFOpen Original
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