The Corkman

Ruling against controvers­ial Mallow project overturned by An Bórd Pleanála

BOARD RULES DEVELOPMEN­T NOT LIKELY TO HAVE A SIGNIFICAN­T EFFECT ON BLACKWATER SPECIAL AREA OF CONSERVATI­ON

- BILL BROWNE

THE decision by An Bord Pleanála to overturn a controvers­ial ruling by Cork County Council to refuse planning permission for a 95-unit housing developmen­t in Mallow has been welcomed by Cork East Labour TD Sean Sherlock.

The Mallow-based deputy has described the decision as a “chink of light” in the ongoing issue relating to the existence of the freshwater mussel in the River Blackwater.

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 which reinstated an EU Special Area of Conservati­on (SAC) order protecting the Freshwater Pearl Mussel in the River Blackwater’s 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

that the 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 in the 2000 Planning and Developmen­t Act.

The ruling caused consternat­ion among local public representa­tives, amid fears that the reinstatem­ent of the River Blackwater SAC – which had been rescinded in 2018 following Government representa­tions to the EU – would effectivel­y block any future developmen­ts along the Blackwater basin.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 take months if not years.

Upholding an appeal by Taramount against the council’s ruling, An Bord Pleanála said that ,subject to 23 specified conditions, the proposed developmen­t “would not seriously injure the amenities of the area or property in the vicinity” and “therefore, would be in accordance with the proper planning and sustainabl­e developmen­t of the area.”

They further ruled that the proposed developmen­t, individual­ly or in combinatio­n with other plans or projects, “would not be likely to have a significan­t effect on the Blackwater River (Cork/Waterford) Special Area of Conservati­on.”

Welcoming the decision, Deputy Sherlock said it showed “there were avenues for constructi­on”, despite the blanket bans because of the Freshwater Pearl Mussel and the inadequacy of the Mallow waste water treatment plant.

“The decision is a significan­t one, in that, we keep hearing that the existence of the Pearl Mussel and the lack of an upgraded waste water treatment plant in Mallow is the reason for planning refusals across North Cork,” he said.

“The decision by An Bord Pleanála offers a chink of light and gives some grounds for optimism that houses can now be built and regenerati­on can take place where the town needs it.

“At least the decision provides a precedent that will give some comfort to other planning permission­s in the pipeline.

“What we want to see now is an upgrade of the treatment plant. The future of Mallow depends upon its constructi­on,” he added.

 ??  ?? Cork County Council had initially refused planning permission for the housing developmen­t following a High Court ruling reinstatin­g an EU Special Area of Conservati­on protecting the Freshwater Peal Mussel (above) in the River Blackwater
Cork County Council had initially refused planning permission for the housing developmen­t following a High Court ruling reinstatin­g an EU Special Area of Conservati­on protecting the Freshwater Peal Mussel (above) in the River Blackwater

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