Pleanála refuse permission for 47 house development in north Mayo

AN Bord Pleanála overturned a decision by Mayo County Council to grant planning permission for a 47 unit housing development in Ballina citing environmental concerns.

The planning body refused permission for the proposed development on the Killala Road because they could not be satisfied that the development would not have a significant effect on the Killala Bay/Moy Estuary SAC, Killala Bay/Moy Estuary SPA or River Moy SAC or any other European site.

Planning permission was granted in December 2022 by Mayo County Council to Thawside Ltd to construct a 47 dwelling house development at the rear of the existing Friarscourt Housing Estate on the Killala Road in Ballina.

However the decision was appealed to An Bord Pleanála by the Friarscourt Residents Association who cited traffic and safety concerns among other issues for objecting to the development.

While the Bord Pleanála inspector, Ian Campbell found that the proposed development would not result in 'any significant traffic safety issues', he raised concerns regarding 'potential impacts from pollution and disturbance during construction and operational phases of the proposed development'.

In his report, Mr Campbell stated that the statements in the Natura Impact Statement (NIS) prepared on behalf of the applicant are 'inconsistent in relation to reference to specific European sites and not to other European Sites'.

“The concluding statement refers to River Moy SAC in respect of the release of pollution and sedimentation from the development site but not to Killala Bay/Moy Estuary SAC and Killala Bay/Moy Estuary SPA which as stated above are hydraulically connected to the development site.

“Following the appropriate assessment and the consideration of mitigation measures, I am unable to ascertain with confidence that the project would not adversely affect the integrity of Killala Bay/Moy Estuary SAC, Killala Bay/Moy Estuary SPA and River Moy SAC in view of the Conservation Objectives of these sites.

“I consider that there remains a reasonable scientific doubt as to the absence of adverse effects on the integrity of on Killala Bay/Moy Estuary SAC, Killala Bay/Moy Estuary SPA and River Moy SAC and as such the Board is precluded from granting permission for the proposed development,” he stated before recommending that permission be refused on this basis.

The applicant had originally sought planning permission for a 54 housing development consisting of 15 three-bedroom detached houses, 14 four-bedroom semi detached houses, 14 three-bedroom semi detached houses, six three-bedroom terraced houses and five two-bedroom houses.

During the planning process, it was agreed to reduce the scale of the development to construct 47 two-storey houses and omit the terraced housing. The revised proposed development would consist of eleven four-bedroom detached houses, 30 three-bedroom semi-detached houses and six two-bedroom semi-detached houses.

A temporary access road to the site was also to be developed to address concerns of construction traffic going through the existing estate. Mayo County Council granted planning permission subject to 23 conditions.

In his report, Mr Campbell raised concerns regarding the impact of the proposed development on otters using the Sruffanbrogue Stream in the vicinity of the development site for feeding and breeding. He found that aspects of the NIS addressing the impact to the otters to be 'vague' and 'inadequate'.

Mr Campbell's report was dated in January 2024 but he was asked to prepare addendum reports while a revised NIS was also prepared. The Board of An Bord Pleanála considered the appeal in meetings in January, March and July and at a meeting on August 22 they decided to refuse permission 'generally in accordance with the Inspector's recommendation'.

The Board expressed concern regarding potential flooding from the Sruffaunbrogue Stream of land where the temporary construction access road is to be located. Potential flooding they felt would affect the efficacy of silt-fencing along the edge of the road which is intended as a mitigation measure to protect the stream from pollutants and sediment laden runoff and would therefore be compromised.

The Board refused permission stating they cannot be satisfied that the proposed development would not likely to have a significant effect on the Killala Bay/Moy Estuary SAC, Killala Bay/Moy Estuary SPA or River Moy SAC or any other European site.