Refusal decisions · 24–30 Aug 2026

Policy TOU-P-8 requires that all tourism-based development complies with inter alia, the following criteria – ‘The development will not cause a traffic hazard, and the existing road network can safely handle any extra vehicular traffic generated by the proposed development.’ Having regard to the intensification of use of the existing entrance and restricted internal space to enable additional traffic manoeuvres that will result if the development is permitted in proximity to the existing N56 roundabout, and the frequency of such movements, the Planning Authority considers that the proposed development constitutes a traffic hazard. Therefore, to permit the development would be contrary to the provisions of Policy TOU-P-8 and contrary to the proper planning and sustainable development of the area.

1. It is a policy of the Council (policy LK-DM-P-1, Letterkenny Plan and Local Transport Plan 2023-2029) ‘to support the principle of development proposals that are: (a) Generally consistent with the zoning objectives as set out in Table 7.1 and the corresponding zones identified on Map 7.1 entitled ‘Land Use Zoning Map’; and (b) Supported in the zoning matrix contained in Table 7.2’. The subject site is located on land zoned as ‘Local Environment’ and as per Table 7.1, the land zoning objective of the local environment zoning is ‘to provide for limited development only ensuring no significant negative impact on the landscape setting or the biodiversity quality of the area’. Table 7.2 further confirms that the proposed retail use cannot be considered within this zoning. Accordingly, to permit the proposed development would materially contravene the aforementioned policy provisions of the County Development Plan 2024-2030 (as varied) and would thereby be contrary to the proper planning and sustainable development of the area.
2. It is a policy of the County Donegal Development Plan 2024-2030 (as varied) that ‘any proposal for economic development use, in addition to other policy provisions of this Plan, will be required to meet all the following criteria: (a) It is compatible with surrounding land uses existing or approved, (b) It would not be detrimental to the character of any area designated as being of Especially High Scenic Amenity (EHSA), (c) It does not harm the amenities of nearby residents, (d) There is existing or programmed capacity in the water infrastructure (supply and/or effluent disposal) or suitable developer-led improvements can be identified and delivered, (e) The existing road network can safely handle any extra vehicular traffic generated by the proposed development or suitable developer-led improvements are identified and delivered to overcome any road problems, (f) Adequate access arrangements, parking, manoeuvring and servicing areas are provided in line with the development and technical standards set out in this plan or as otherwise agreed in writing with the Planning Authority, (g) It does not create a noise nuisance, (h) It is capable of dealing satisfactorily with any emission(s), (i) It does not adversely affect important features of the built heritage or natural heritage including natura 2000 sites, (j) It is not located in an area at flood risk and/or will not cause or exacerbate flooding, (k) The site layout, building design, associated infrastructure and landscaping arrangements are of high quality and assist the promotion of sustainability and biodiversity, (l) Appropriate boundary treatment and means of enclosure are provided and any areas of outside storage proposed are adequately screened from public view, (m) In the case of proposals in the countryside, there are satisfactory measures to assist integration into the landscape, (n) It does not compromise water quality nor conflict with the programme of measures contained within the current northwestern river basin management plan.’ On the basis of the information submitted, the Planning Authority is not satisfied that the proposed development will not harm the amenities of nearby residents as it has not been demonstrated that storm/surface waters can be appropriately collected, managed and disposed of to an appropriate discharge point given the falling topography of the land across the site in a north-easterly direction. Accordingly, to permit the proposed development would be prejudicial to public health and the proper planning and sustainable development of the area. Furthermore, having regard to the failure of the particulars submitted with the application to demonstrate visibility splays where the private lane meets the local road in accordance with the requirements of Figure 16.2 and Table 16.5 of Chapter 16 of the CDDP 2024-2030 (as varied), the Planning Authority is not satisfied on the basis of the information submitted that safe visibility splays can be provided in each direction to the required standards. Accordingly to permit the proposed development could result in dangerous traffic cross-over movements into and out of the site, could endanger public safety by reason of a traffic hazard and would thereby be contrary to the proper planning and sustainable development of the area.
3. The subject site is not registered to the applicant and a letter of consent from the relevant landowner has not been submitted. The Planning Authority is not satisfied on the basis of the information submitted that the applicant has sufficient legal interest to access the site. Accordingly, to permit the development would be contrary to the proper planning and sustainable development of the area.