Offaly County Council · 2645
Latest linked evidence
501797
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
2645
2645
Permission refused
501797
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.
The subject site and associated proposed developments are located on lands which are denoted as having a ‘Constrained Land Use’ in the Birr Local Area Plan 2023 – 2027. On areas denoted as having a ‘Constrained Land Use’, Objective LUZO-13 of the Local Area Plan states that it is an objective of the Council to facilitate the appropriate management and sustainable use of flood risk areas designated as ‘Constrained Land Use’ in the Birr Town zoning map. As stated in Section 11.6 of the Plan, this designation generally limits new development, but will facilitate existing development uses within these areas that may require small scale development such as small extensions. The development of a residential development comprising of 4 no. townhouses, on lands where the residential use has been abandoned, will result in a new use of these lands and is therefore deemed to contravene materially Objective LUZO-13 of the Birr Local Area Plan 2023 – 2027.
Official final decision · PDF page 2The proposed development is located within an area subject to flooding and the flood risks for the development subject of this application are deemed unacceptable. The development is therefore deemed contrary to the proper planning and sustainable development of the area.
Official final decision · PDF page 2The site of the proposed development requires the construction of housing on lands where there is a risk of flooding and where it is policy as set out in the “The Planning System and Flood Risk Management Guidelines for Planning”, issued under section 28 of the Planning and Development Act 2000 (as amended), that in order for development to be approved in such flood areas the subject lands must have been zoned or otherwise designated for the particular use in an operative development plan. As the proposed development is located on lands which have been designated as a ‘Constrained Land Use’ in the Birr Local Area Plan 2023-2029, the proposed uses are not consistent with the operative development plan and the proposed development would therefore be contrary to these Ministerial Guidelines and to over-arching national policy. The proposed development would therefore be contrary to the proper planning and sustainable development of the area.
Official final decision · PDF page 2PDF pages visually checked. Document SHA-256: 647f135291ed33919531783d437643b0b001d3a879847cb71d57be3cf2646499