Fingal County Council · F26A0445E
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F26A0445E · Permission refused
Open official sourceThis page connects records for one planning case. Separate permissions, amendments and phases may belong to a wider development. A notified commencement date does not confirm that building work started.
Source history
F26A0445E
F26A0445E
Permission refused
Evidence
Only exact linked records appear here. A missing appeal, commencement or completion entry means that evidence has not been established on this page. It does not prove that the event never happened.
Planning scale and individual notice or phase quantities remain separate. Notice quantities are not added into a development total or completion percentage.
The council’s formal grounds for this decision. Planner assessment and later appeal outcomes are separate.
Source note: The report gives site areas of 0.68 ha and 0.068 ha, and uses stream suffixes _10 and _010. The adopted first ground pairs Rogerstown Estuary SAC with code 004122. These source details are reproduced without geographical or identifier correction.
In the absence of a Screening for Appropriate Assessment as part of the application, there is a gap in the information available to the Planning Authority and it is not possible to conclude with certainty whether or not the proposed development either individually or in combination with other plans or projects, in view of best scientific knowledge and in view of the sites’ conservation objectives, would be likely to have a significant effect on any designated European Sites (in particular the Rogerstown Estuary Special Protection Area (004015) and the Rogerstown Estuary Special Area of Conservation (004122)). Having regard to case law of the Irish High Court and the CJEU (e.g. Case C-258/11, Sweetman and others) which established that determinations cannot have lacunae and must contain complete, precise and definitive findings capable of removing all reasonable scientific doubt as to the effects of a project on a designated European Site, it is not certain that the proposal would not result in adverse impacts on designated European Sites. The development as proposed, is therefore contrary to Objective DMSO1 of the Fingal Development Plan, and contrary to the proper planning and sustainable development of the area.
Official final decision · PDF page 12Insufficient information has been provided in relation to the applicants’ agricultural enterprise and the status of the existing agricultural entrance to fully justify the proposal for a 2nd agricultural entrance on site in accordance with the objectives of the Fingal Development Plan 2023-2029. The proposed development would result in an excessive level of individual entrances at this location without sufficient justification and the loss of a substantial number of existing trees and hedgerow which contravenes Objective DMSO115 and Objective SPQHO91 of the Fingal Development Plan 2023-2029. To permit the development as proposed, would be seriously injurious to the visual and rural amenities of the area, would set an undesirable precedent for similar inappropriate development in this location and would be contrary to the proper planning and sustainable development of the area.
Official final decision · PDF page 12PDF pages visually checked. Document SHA-256: 9796e4ef609c169a3dbbc16a2e66f45f95def2b0ad58adb51ec74c51d89975ce