Core Planning Reasoning
The application lacks sufficient technical detail regarding ground stability on a floodplain, fails the Appropriate Assessment test due to unenforceable mitigation measures located outside the site boundary, and requires a mandatory or sub-threshold Environmental Impact Assessment (EIA) which was not provided.
Decision Maker's Conclusion
- The level of detail provided regarding the structural survey of the floodplain and the specific extent of infill is insufficient to enable a reasoned conclusion on the stability and suitability of the site.
- The Board cannot be satisfied that the development will not adversely affect the integrity of the River Barrow & River Nore SAC, particularly as proposed mitigation measures lie outside the red line boundary and are therefore unenforceable.
- The cumulative impact of the development in conjunction with existing unauthorised works on adjacent lands necessitates an Environmental Impact Assessment Report (EIAR) under Class 11 (b) of the Planning and Development Regulations.
Cited Policies (CDP)
NT01NT04NT10Objective ED01Objective ED05Objective ED39Objective ED45Objective ED46Objective ED47Objective ED51Objective ED58Objective ED63Objective EM02Objective EM05Objective WQ15Volume 2 Section 5Volume 2 Section 8
Decision Document Summary
The proposal involves infilling 1.21 hectares of wet marshland with stone and concrete to provide parking for 46 trailer/trucks for an existing logistics business in Marshmeadows, New Ross. While the site is appropriately zoned for 'Port Related Activities', its location within 20 meters of the River Barrow and River Nore SAC and within Flood Zone A presents significant environmental challenges. The Inspector identified critical deficiencies in the application, including contradictory data betwe...SOURCE PDFOpen Original
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