Core Refusal Reason
The development was refused because it failed to demonstrate that it would not adversely affect the integrity of the Slaney River Valley SAC, thereby contravening environmental protection policies and statutory requirements under the Planning and Development Act.
Decision Maker's Conclusion
- The submission of insufficient information meant that potential significant effects on the Slaney River Valley SAC, which is hydrologically linked to the site via the Tullowbeg Stream, could not be ruled out.
- The development materially contravenes policies in the Carlow County Development Plan 2022-2028 specifically designed to protect and enhance the integrity of Natura 2000 sites.
- The application fails to comply with Section 34(12) of the Planning and Development Act 2000, which mandates the refusal of retention permission if an Appropriate Assessment should have been conducted before the unauthorized works commenced.
Cited Policies (CDP)
Policy NS. P1Policy NS. P2Objective NS. O1
Decision Document Summary
The applicant sought retention permission for a partially constructed domestic garage and full permission for its completion at The Mullawn, Tullow, Co. Carlow. The site is bounded by the Tullowbeg Stream, which flows directly into the Slaney River Valley SAC. Carlow County Council refused the application because the scale of the structure and its proximity to the watercourse necessitated a Stage 2 Natura Impact Statement (NIS) to assess potential environmental impacts. As the applicant failed t...SOURCE PDFOpen Original
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