Core Planning Reasoning
The development requires a mandatory Environmental Impact Assessment (EIA) under Class 11(a) of Schedule 5 of the Planning and Development Regulations 2001, which legally precludes the Board from granting retention permission under Section 34(12) of the Planning and Development Act 2000.
Decision Maker's Conclusion
- The motocross track development falls under Class 11(a) of Part 2 of Schedule 5, necessitating a mandatory Environmental Impact Assessment (EIA) regardless of its private or public status.
- Section 34(12) of the Planning and Development Act 2000 (as amended) provides that a retention application cannot be considered for a development which would have required an EIA.
- As the development to be retained required an EIA, the Board is legally precluded from considering a grant of planning permission in this case.
Cited Policies (CDP)
Objective CS18Objective L06Objective L16Objective ROS03Objective ROS25Objective ROS28
Decision Document Summary
The application seeks the retention of a motorcycle training facility and track, and permission to convert a container into an office/store at a disused sandpit in Ballynabarney, Co. Wexford. Wexford County Council had initially granted permission subject to 12 conditions, including noise mitigation and a temporary duration. However, third-party appellants challenged the decision, citing the lack of an Environmental Impact Assessment (EIA), noise pollution, and visual impacts. The Inspector's as...SOURCE PDFOpen Original
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