Core Refusal Reason
Wexford County Council initially refused permission due to a perceived lack of information regarding mitigation measures, the source of infill material, and potential contamination. However, the Inspector overturned this, concluding that soil testing showed contaminants were well below EPA safety thresholds and that the proposed site works would not negatively impact the environment or traffic safety.
Decision Maker's Conclusion
- The infill material consists of clean sand and stone from a greenfield site, with trace mineral oil levels found to be considerably below the trigger levels identified by EPA guidance.
- The site is located within a 'Lowlands' landscape character area which has a low sensitivity rating and a high capacity to absorb development without significant visual intrusion.
- Adequate sightlines of 65m can be achieved at the existing commercial entrance, and the modest increase in traffic movements will not create a hazard or endanger other road users.
Cited Policies (CDP)
Section 5.5 of Volume 2 (Agricultural development)Section 5.9 of Volume 2 (Disposal of inert materials)Section 6.2 (Road traffic safety)Section 7.4.3 (Landscape and visual impact assessment)Table 7-3 (Landscape Sensitivity Rating)
Decision Document Summary
The applicant, Patrick Cash, sought permission to re-profile approx. 0.8 hectares of undulating agricultural land at Ballinra, Co. Wexford, by raising the ground level with 11,900m3 of clean sand and gravel to improve its quality for horse grazing. The Planning Authority refused the application citing environmental risks and insufficient detail. Upon appeal, the Inspector found that the materials were sourced from a greenfield stockpile related to a nearby family home construction and were envir...SOURCE PDFOpen Original
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