2261158

for: 2no. storage buildings (used for ponies and storing their food and accessories), retain a fully serviced mobile home, retain the installation of a new septic tank, and permission to demolish existing shed behind existing dwelling house. Gross floor space of work to be retained: 96.45 sqm. Gross floor space of any demolition: 14.50 sqm

Refused

Core Refusal Reason

The Planning Authority is precluded from considering the application under Section 34(12) of the Planning and Development Act 2000 because the unauthorized development requires an Appropriate Assessment due to its proximity to protected European sites.

Decision Maker's Conclusion

  • The development is located directly adjacent to the Lough Corrib SAC and SPA, and the Planning Authority determined that the works have the potential to adversely affect the integrity and conservation objectives of these protected European sites.
  • The applicant failed to provide essential technical documentation, including an Appropriate Assessment Screening Report, wastewater system specifications, and animal waste management plans, preventing a proper environmental impact determination.
  • Under Section 34(12) of the Planning and Development Act 2000, the Planning Authority must refuse to consider a retention application if the development would have required an Appropriate Assessment or Environmental Impact Assessment before it was commenced.

Cited Policies (CDP)

Chapter 4 Rural Living and DevelopmentSection 4.8 AgricultureChapter 10- Natural Heritage, Biodiversity and Green/ Blue InfrastructureChapter 14- Climate Change, Energy & Renewable ResourcesDM Standard 13 Agricultural BuildingsPolicy Objective NHB 1Policy Objective NHB 2Policy Objective NHB 3DM Standard 50

Decision Document Summary

The applicant sought retention permission for two storage buildings, a mobile home, and a septic tank, plus permission to demolish a shed at a site in Montiagh South, Claregalway. The subject site is located within a fluvial flood risk area and immediately borders the Lough Corrib Special Area of Conservation (SAC) and Special Protection Area (SPA). The application was refused because the unauthorized works were deemed to require an Appropriate Assessment; under Irish planning law, local authori...
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