Loading...
HomeMy WebLinkAbout2560309 - Notification of Decision MONAGHAN COUNTY COUNCIL 27/07/2026 Ref No: 25/60309 TO: Gallinagh Poultry Farms Ltd C/O Kieran O'Reilly Monaghan Road Castleblayney Co. Monaghan A75 EP84 Re Planning and Development Act 2000 (as amended) NOTIFICATION OF DECISION TO REFUSE Monaghan County Council has by order dated 27/07/2026 decided to REFUSE permission to the above named for the development of land, in accordance with the documents submitted namely for:- planning permission for the infilling of lands with imported inactive or inert waste (app. 6220m³) to a maximum depth of 2.4m over 0.80Ha, accessed off existing entrance, finished with topsoil and grassed over on completion, together with all ancillary & associated site works at Newgrove Monaghan Co. Monaghan for the 2 reason(s) set out on the Schedule attached. Signed on behalf of Monaghan County Council. ______________________ ________________________________ Date ADMINISTRATIVE OFFICER 27/07/2026 25/60309 Gallinagh Poultry Farms Ltd, Newgrove, Monaghan, Co. Monaghan 1. Objective SSO 22 of the Monaghan County Development Plan 2025-2031 seeks “To apply the precautionary principle in relation to development on lands identified as being at risk of flooding and to restrict development to uses that are compatible to the level of flood risk unless supported by a site-specific flood risk assessment and development management justification test”. Policy FRP 1 states “Proposals for developments shall comply with Section 15.22.8 of the Monaghan County Development Plan 2025-2031”. Section 15.22.8 states “Monaghan County Council will restrict development in areas susceptible to flooding except where: a) The proposed development can be justified on strategic grounds. b) The proposed development has addressed the flooding concerns which exist. c) The flood risk can be managed to an acceptable degree and without increasing flood risk beyond the site itself. d) Appropriate and detailed mitigation measures can be implemented to remove/minimise flood effects. The proposal has failed to adequately demonstrate how the potential for flooding from prolonged rainfall events can be managed to an acceptable degree and without increasing flood risk beyond the site itself, and as a result there is a risk that increased water levels would ultimately occur on third party lands as a direct consequence of the infilling of the site area. Consequently, to permit the development as proposed would be contrary to Objective SSO 22 and Policy FRP 1 of the Monaghan County Development Plan 2025-2031 and thus would be contrary to the proper planning and sustainable development of the area. 2. Policy ILP 1 seeks to ensure that ‘Development proposals for infilling of lands shall comply with Section 15.32 of the Monaghan County Development Plan 2025 – 2031, and that development proposals for the infilling of lands with inert construction and demolition waste 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 ground waters, or upon areas which are at risk of flooding. Proposals for the prevention and mitigation of any perceived impacts shall satisfy the targets of any Waterbody and Catchment Management Plans developed by Group Water Schemes. Proposals for infilling of lands at risk of flooding will be required to be accompanied by a site-specific Flood Risk Assessment in accordance with Section 15.22.8 of Chapter 15 of this Development Plan. The proposal has failed to adequately demonstrate how the proposed fill materials will be accepted, stored or utilised, or to determine the total volume of both types of material to be accepted, and therefore, the proposal has not demonstrated that the there will be no adverse impact upon surface and ground waters, or upon areas that are at risk of flooding. Consequently, to permit the development as proposed would be contrary to Policy ILP 1 of the Monaghan County Development Plan 2025-2031 and thus would be contrary to the proper planning and sustainable development of the area. 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