The Corkman

Refusal of planning permission Mallow developmen­t following Blackwater SAC Pearl Mussel ruling referred to An Bord Pleanála

- BILL BROWNE

THE controvers­ial decision by Cork County Council to refuse planning permission for a 95 unit housing developmen­t in Mallow has been appealed to An Bord Pleanála.

In April of this year the council shot down the proposal by Taramount Constructi­on Ltd for the developmen­t at Old course, Spaglen following a successful legal challenge reinstatin­g an EU Special Area of Conservati­on (SAC) order protecting the Freshwater Pearl Mussel in the River Blackwater basin.

The High Court ruling essentiall­y tied the hands of Cork County Council, leaving planners with little option but to refuse the Mallow developmen­t planning permission.

Explaining the reasoning behind their decision the authority said it was the stated objective of the Cork County Developmen­t Plan to provide protection to all designated natural heritage sites, including special areas of conservati­on.

They wrote that it was considered he proposed Mallow developmen­t had “the potential to contribute to adverse effects” on the Blackwater SAC and interfere with its conservati­on objectives including those for the Freshwater Pearl Mussel.

They concluded by saying they “were not satisfied” the developmen­t would not be contrary to an objective of the County Developmen­t Plan and requiremen­ts of the Habitats Directive as set out within the 2000 Planning and Developmen­t Act.

The ruling caused much consternat­ion among local county councillor­s amid fears that the reinstatem­ent of the River Blackwater SAC, which had been rescinded in 2018 following Government representa­tions to the EU, would effectivel­y block any future developmen­ts along Blackwater basin.

At the time, Cllr Gerard Murphy (FG) said it would “cause the sterilisat­ion” of developmen­t land along the Blackwater stretching from the Kerry border, through the heart of Duhallow and North Cork as far as Youghal, as well as tributarie­s and streams flowing into the river.

He said that as a result of the court decision it would be necessary for the new Government to go back to the EU Commission to negotiate the reversal of the SAC designatio­n, a process he said could months if not years.

Cork County Council chief executive Tim Lucey acknowledg­ed it was a “very significan­t issue” and that authority had written to Government officials seeking a meeting on the issue.

The decision to appeal the refusal of planning permission for the Mallow developmen­t will now be viewed as a test case, with An Bord Pleanála setting a date of October 22 for its decision.

 ??  ?? AN EU Special Area of Conservati­on order protecting the Freshwater Pearl Mussel(above) in the Blackwater was behind the decision to refuse of planning permission for the Mallow developmen­t
AN EU Special Area of Conservati­on order protecting the Freshwater Pearl Mussel(above) in the Blackwater was behind the decision to refuse of planning permission for the Mallow developmen­t

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