Core Refusal Reason
The initial refusal and the Inspector's recommendation to refuse were based on concerns regarding the environmental impact of seaweed processing, specifically potential odour nuisance and the impact on the residential amenities of the surrounding area.
Decision Maker's Conclusion
- The Inspector recommended refusal on the grounds that the goods intake facility was intrinsically linked to seaweed processing activities which posed a risk of odour nuisance to nearby residents.
- There was a concern that the proposed development did not sufficiently address the stringent environmental conditions required under previous planning permissions (Ref. 17552).
- The Inspector concluded that the proposal would seriously injure the amenities of residential properties in the vicinity and would be inconsistent with the proper planning and sustainable development of the area.
Cited Policies (CDP)
KCDP 9-80KCDP 9-81KCDP 9-83M4 zone
Decision Document Summary
The application by BioAtlantis Limited sought permission for a goods intake building and associated site works at Clash Industrial Estate, Tralee, Co. Kerry. Kerry County Council refused the application in July 2022, and the Board's Inspector subsequently recommended that the appeal be dismissed. The primary grounds for refusal centered on the potential for the facility to cause environmental distress, particularly odour, to neighboring residential areas. However, An Bord Pleanála overturned the...SOURCE PDFOpen Original
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