An Bord Pleanála

PLANNING AND DEVELOPMENT ACTS 2000 TO 2011

Carlow County

Planning Register Reference Number: 11/219

An Bord Pleanála Reference Number: PL 01.239783

APPEAL by Inland Fisheries Ireland of Main Street, Blackrock, County Dublin against the decision made on the 6 th day of October, 2011 by County Council to grant subject to conditions a permission to Denis Lucey care of Byrne and McCabe Design of Upper Main Street, Graiguenamanagh, County Kilkenny.

PROPOSED DEVELOPMENT: Erection of a small hydro power scheme (containing Archimedes screw type technology) utilising the existing mill race and part of existing mill building (a Protected Structure RPS number CW235, NIAH number 10301320) and all associated site works including an Appropriate Assessment and screening report at Aghade Mill, Carrickslaney, , .

DECISION

REFUSE permission for the above proposed development based on the reasons and considerations set out below.

MATTERS CONSIDERED

In making its decision, the Board had regard to those matters to which, by virtue of the Planning and Development Acts and Regulations made thereunder, it was required to have regard. Such matters included any submissions and observations received by it in accordance with statutory provisions.

______PL 01.239783 An Bord Pleanála Page 1 of 2 REASONS AND CONSIDERATIONS

The proposed development would be located within the Slaney River Valley candidate Special Area of Conservation (Site Code 000781), selected for species listed in Annex II of the EU Habitats Directive including sea lamprey, river lamprey, brook lamprey, Atlantic salmon and freshwater pearl mussel. The Board is not satisfied, on the basis of the submissions made in connection with the planning application and the appeal and having conducted an Appropriate Assessment based on the Natura Impact Statement submitted with the application, that the proposed development would not adversely affect the integrity of this European site in view of its conservation objectives. The proposed development would, therefore, be contrary to the proper planning and sustainable development of the area.

Member of An Bord Pleanála duly authorised to authenticate the seal of the Board.

Dated this day of 2012.

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