An Bord Pleanála

PLANNING AND DEVELOPMENT ACTS 2000 TO 2009

Wicklow County

Planning Register Reference Number: 09/134

An Bord Pleanála Reference Number: PL 27.233574

APPEAL by Steven Cullen care of Frank Ó’Gallachóir and Associates Limited of 16 Parklands Office Park, Southern Cross Road, Bray, County against the decision made on the 6th day of April, 2009 by Wicklow County Council to refuse permission as said.

PROPOSED DEVELOPMENT: Retention of metal recycling facility at Hempstown, , .

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.

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REASONS AND CONSIDERATIONS

1. It is the policy of the Wicklow County Development Plan 2004-2010 to require that new industrial/ employment development locate on suitably zoned lands within settlements or their environs except where certain criteria apply (Policy EM 3 and Development Control Objectives) which policy is considered to be reasonable. The site of the proposed development is located on unzoned rural land and having regard to the impact of the proposed development on the amenities of adjacent residential property, to its location on a National Route and to the failure of the Applicant to satisfactorily demonstrate that the development has particular need to locate at this rural location it is considered that the proposed development does not comply with the criteria set out in the Development Plan in relation to the location of development of this nature on unzoned lands. Therefore, it is considered that the proposed development would materially contravene Development Plan policy and would be contrary to the proper planning and sustainable development of the area.

2. The site of the proposed development is accessed from the busy N81 along which traffic travels at up to the maximum of the speed limit. It is considered that the volume of vehicle turning movements (including the movement of large lorries) into and out of the site generated by the proposed development at a point where there are inadequate sightlines and double white lines, would interfere with the free flow of traffic along the N81 and would thereby endanger public safety by reason of a traffic hazard. The proposed development would, therefore, be contrary to the proper planning and sustainable development of the area.

3. The Board is not satisfied that the proposed development would not seriously injure the amenities of surrounding residential property by reason of noise nuisance. 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 2009.

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