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HomeMy WebLinkAbout2660121 - Notification of Decision MONAGHAN COUNTY COUNCIL 22/05/2026 Ref No: 26/60121 TO: Owen Shevlin C/O Owen finegan Drumconrath Road Carrickmacross County Monaghan A81 YX28 Re Planning and Development Act 2000 (as amended) NOTIFICATION OF DECISION TO REFUSE Monaghan County Council has by order dated 22/05/2026 decided to REFUSE permission to the above named for the development of land, in accordance with the documents submitted namely for:- permission for development which will consist of: The importation of subsoil and construction waste to raise existing ground (not exceeding 25,000 Tonnes) use of existing entrance and all associated site works. The class of activity will be; Class , 5, 6 and 7 of the Third schedule Part II of the Waste Management (Facility Permit & Registration) Regulations, 2007 as amended at Aughrim Beg Inniskeen Co Monaghan for the 2 reason(s) set out on the Schedule attached. Signed on behalf of Monaghan County Council. ______________________ ________________________________ Date ADMINISTRATIVE OFFICER 22 / 05 / 2026 If you are aggrieved by this decision you may appeal it within four weeks from the day of the decision, by forwarding your grounds of appeal to The Secretary, An Coimisiún Pleanála, 64 Marlborough Street, Dublin 1, D01 V902. This is a strict time limit. The appeal must in be writing (either typed or handwritten). You must clearly state your own name and address. If someone is acting for you, like a planning agent they must clearly state their own name and address as well as your name and address. You must give enough details to allow An Coimisiún Pleanála to identify the application you wish to appeal. You must provide your planning grounds of appeal (reasons and arguments) for your appeal and any items you wish to support your grounds of appeal. If you are a third party, you must include the written acknowledgement given to you by the planning authority to confirm it received your submission at planning application stage. The appeal must be fully complete, with your name and address, the subject matter of the appeal, the full grounds of appeal and supporting arguments and material, appropriate fee and evidence of payment of submission fee to the Planning Authority. You must pay the correct fee to An Coimisiún Pleanála. For more information on how to make an appeal see www.pleanala.ie 26/60121 Owen Shevlin, Aughrim Beg, Inniskeen, Co Monaghan. 1. Section 15.32 and Policy ILP 1 of the Monaghan County Development Plan 2025-2031 outline that development proposals for the infilling of lands will only be acceptable where it is demonstrated to the satisfaction of the Planning Authority that there will be no adverse impact upon surface and groundwaters. Having regard to the location of the site within the Fane sub-catchment, which is of poor ecological status and at risk of not meeting Water Framework Directive objectives, together with the identified high to extreme groundwater vulnerability and the presence of wetland areas within and adjoining the site, the Planning Authority considers that the proposed development would be likely to give rise to significant adverse impacts on surface water and groundwater quality, hydrology, and biodiversity. The proposed infilling and raising of ground levels would have the potential to fragment wetland habitats, alter hydrological pathways, reduce carbon storage capacity and adversely affect ecosystem services. In the absence of any supporting hydrological, hydrogeological or ecological assessment, the Planning Authority is not satisfied that these impacts can be avoided or adequately mitigated. Accordingly, if permitted as proposed, the development would be contrary to the Monaghan County Development Plan 2025-2031 and would be contrary to the proper planning and sustainable development of the area. 2. Section 15.32, Section 15.22 and Section 15.23 of the Monaghan County Development Plan 2025-2031 set out the requirements in respect of the infilling of lands, the protection of residential amenity, environmental considerations, and road safety, and require that development proposals are supported by sufficient detail to demonstrate that they will not give rise to adverse impacts. The Planning Authority is not satisfied that sufficient information has been submitted to enable a full and proper assessment of the proposed development. In particular, the application is not accompanied by adequate detail in relation to: (i) The extent and nature of proposed infilling works, including the absence of site sections and clearly defined maximum fill depths; (ii) The management and control of potential impacts, including noise, dust, odour and general disturbance; (iii) Traffic generation and management, including the likely volume and routing of heavy goods vehicles; (iv) The overall methodology, phasing and operation of the proposed development; and (v) Cumulative impacts having regard to the existence of similar facilities in the vicinity. Having regard to the nature and scale of the proposed works, involving the importation of significant quantities of material, the Planning Authority considers that the proposed development would be likely to give rise to undue adverse impacts on the amenities of properties in the vicinity and would endanger public safety by reason of traffic hazard on the surrounding road network. In the absence of sufficient information to demonstrate otherwise, the proposed development would be contrary to the provisions of Section 15.32, Section 15.22 and Section 15.23 of the Monaghan County Development Plan 2025-2031, and would be contrary to the proper planning and sustainable development of the area.