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  • An Bord Pleanala have upheld the decision of Monaghan County Council to grant permission for a 24 hour lorry park at Clontibret, County Monaghan despite their inspector recommending a refusal.

    The proposed development included a filling station for cars and trucks, a two storey commercial building containing shop café restaurant/takeaway, offices and lounge/relax area for truck drivers. The scheme also proposed to treat effluent via an Integrated Constructed Wetland in order to address a previous refusal for a lorry park by An Bord Pleanala relating to the assimilative capacity of the adjoining stream to accept treated effluent from the proposed development.

    The Board’s Inspector was not convinced that wastewater generated by the proposed development can be satisfactorily treated by the wetland system and recommended a refusal.source:

    An Bord Pleanala did not support the inspector’s recommendation   however and granted permission. A critical element of the proposal from  the Board’s perspective was that it was predominantly within the development limit of Clontibret, which is identified as a village in the Monaghan County Development Plan 2007 – 2013.

      There have been a number of applications country-wide for truck parks and the majority have been refused by An Bord Pleanala.  The key difference with this truck park is that it was predominantly contained within a village boundary rather than an unserviced Greenfield rural location.

    Published on September 30, 2012 By:David Mulcahy · Filed under: Important An Bord Pleanala Decisions; Tagged as: , , ,
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  • An Bord Pleanala have granted permission for a private hospital in Sligo overturning the decision of Sligo County Council to refuse permission. The proposed three storey hospital is to be located on a 7 hectare site approximately 3 kilometres sought of Sligo Town near the Carrowroe Interchange on the N4.

    Although the lands were suitably zoned for a hospital land use Sligo County Council refused permission for 3 no. reasons relating to prematurity pending the route selection for a city by-pass, prematurity pending deficiency and provision of foul sewage facilities and inadequate information about potential impact of archaeology.

    The applicant argued that the proposed development will not impact on any future by-pass route for the city as the route has not been formulated at present and the amended Sligo and Environs Plan has resulted in the omission of a possible westbound by-pass.

    An Taisce questioned the out of town location  and the lack of public transport provision.

    The Board’s inspector agreed with the Council in respect of the first two reasons for refusal and recommended a refusal.

    Despite the Council’s refusal and the Inspector’s recommended refusal An Bord Pleanala granted permission noting that the developer had made adequate provision for future road provision in the area and further considered that there was adequate capacity for a foul sewerage connection at Caltragh.

    Published on September 30, 2012 By:David Mulcahy · Filed under: Important An Bord Pleanala Decisions; Tagged as: , ,
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  • An Bord Pleanála have upheld the decision of Kildare County Council to refuse permission for a discount store in the grounds of The Keadeen Hotel on the outskirts of Newbridge, Co. Kildare.  The applicant had sought permission for minor works to the hotel and grounds along with a new discount store.  The Board issued a split decision granting permission for the hotel works but refusing permission for the discount food store. 

    There was one reason for refusal which focused on the proposed location of the discount foodstore outside the retail core of the town.  It was considered that this location would undermine the retail function of the town centre and would be contrary to the Retail Planning Guidelines for Planning Authorities, the policies in the Kildare County Development Plan the Newbridge Local Area Plan, 2003, which seek to channel retail development into the town centre where it would contribute to the vitality and viability of the town centre and strengthen the retail function of the town. 

    This decision is of interest given that many discount stores are located on the fringes of towns around the country.

    Published on September 28, 2012 By:David Mulcahy · Filed under: Important An Bord Pleanala Decisions, Retail Planning; Tagged as: , ,
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  • Both Dublin City Council and Fingal County Council have, as of 13th September 2012, posted a notice on their websites seeking submissions on their new S48 Development Contribution Schemes within the next 6 weeks. The Draft S48 Scheme for each authority has reduced the payments per square metre for both residential and commercial development, following the recommendations of the DoE’s Draft Development Contribution Guidelines (July 2012).

    Dublin City Development Contribution Scheme

    Fingal Development Contribution Scheme

    Published on September 14, 2012 By:David Mulcahy · Filed under: Planning Notices; Tagged as:
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  • Leefield Ltd, SuperValu, Tramore, Co Waterford, has instigated proceedings against An Bord Pleanála seeking a judicial review of the Board’s decision to grant permission to O’Flynn Construction for the construction of a retail store, café, and staff facility near the former Murphy barracks at Ballincollig. Leefield Ltd runs a supermarket in Ballincollig and claims the Board’s decision is flawed and should be quashed as the Board failed to give proper reasons for granting permission and failed to address the loss of woodland that would occur if the development proceeded. The Board’s planning inspector had recommended that the planning application be refused.

    Published on September 11, 2012 By:David Mulcahy · Filed under: Court Cases; Tagged as: , , ,
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  • Since the issuing of notices to quarry owners and operators there has been a lot of queries about substitute consent, what it involves and what needs to be done next.

    The first decision that needs to be made if the Council have directed an owner/operator to apply to An Bord Pleanala for substitute consent is if the Council’s decision needs to be challenged. The owner/operator has 21 days from the notice to seek a review and this stops the clock in terms of the substitute consent deadline (12 weeks). The reason for seeking a review would want to be very solid as there is a risk that the Board could decide that the Council’s decision to require a substitute consent application was wrong. This could ultimately lead to the closure of the quarry.

    If the decision is to proceed with making a substitute consent application to An Bord Pleanala then further decisions need to be made about seeking a pre-planning meeting with An Bord Pleanala (no fee), scoping of the remedial EIS (significant fee) and the need to extend the 12 week period. The latter requires a genuine reason for an extension. The key issue is not to miss the deadline whether it be 12 weeks or the extended version as this would be fatal in terms of the application.

    Published on September 7, 2012 By:David Mulcahy · Filed under: Planning Guidelines, Rural Planning; Tagged as: , , ,
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