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An Bord Pleanála issues refusal for former Mad Yolk Farm lands


From this week's Galway City Tribune

From this week's Galway City Tribune

An Bord Pleanála issues refusal for former Mad Yolk Farm lands An Bord Pleanála issues refusal for former Mad Yolk Farm lands

An Bórd Pleanála cited potential environmental impacts when it refused planning permission for the retention of infrastructure for irrigation of farmland on a site in Rosshill Road.

Galway City Council had already refused planning permission in mid-2021 for retention permission for laying of subsurface piping for agriculture irrigation; for a bore well and water pump; for two 6,500 litre water holding tanks; and a revised entrance to the site in Roscam. The land had been used by a business known as ‘Mad Yolk Farm’, which has since relocated to the county.

In its ruling, the local authority refused planning permission because it argued that the proposed development would, if permitted, “facilitate the use of the site for the provision of” sixty 15m by 50m high seed beds “which have been deemed by the Planning Authority not to be exempted development”.

“Therefore a grant of permission for the proposed development would facilitate the unauthorised development and usage of the site contrary to the proper planning and sustainable development of the area,” city planners said.

A number of individual residents of neighbouring properties had objected to the application, as did the Rosshill/Roscam Residents’ Association.

The applicant, Brian Dilleen, appealed that decision to the planning appeals board but it refused retention permission in a judgement issued last week.

Mr Dilleen contested the Council’s premise that retention of the infrastructure would facilitate unauthorised development. He argued that that was “incorrect” and the decision was “defective”.

The appeal argued that the works were “proportionate” and “consistent with the land use zoning and policy provisions” of the City Development Plan in respect of agricultural use.

HRA Planning on behalf of the applicant said the development did not give rise to “adverse effects” to the natural, visual or archaeological environment and “would not affect the amenities of adjacent properties”.

Earlier this year, An Bórd Pleanála sought further information.

This information related to the site’s proximity to Galway Bay Special Protected Area and Galway Bay Complex, and the potential impact the development would have on habitat foraging loss, on habitat structure and disturbance, and on potential for mortality to species.

It also asked for information on the potential impact of the bore well including on its potential for contamination via groundwater.

An Bord Pleanála, in a ruling issued on March 21, said it was precluded from granting planning permission.

It said it refused permission in the absence of certain information and detail regarding the potential impact the development would have.

The Board said it “cannot be satisfied that the development, individually or in combination with other plans and projects, would not be likely to have a significant effect on the Galway Bay Complex Special Area of Conservation and Inner Galway Bay Special Protection Area in view of the site’s conservation objectives”.

It added it cannot be satisfied that a Natura Impact Statement would not be required.


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