Planning refused again for agricultural building

THE owner of East Clare company, Clare Waste has been refused planning permission for a second time in the last four months in respect of plans to construct an agricultural building at a site in Bodyke.
Seán Ryan sought planning permission to develop an agricultural building at Ballymacdonnell, Bodyke, initially in May 2010. However, the application was refused last November 24 on the grounds that the planning authority was not satisfied that the nature of the subject lands and surrounding landscape would not result in flooding of adjacent lands.
Less than one month later, on December 23, 2010, Mr Ryan resubmitted plans to Clare County Council for planning permission to construct an agricultural building to accommodate livestock and machinery.
Planning permission was refused recently in respect of this application for the same reason as the previous planning application but it was also refused on the grounds that spreading manure on the subject lands would pose an unacceptable threat to water quality and would be prejudicial to public health.
In her planning report, executive planner Anne Marie Hennelly concluded that she was “not satisfied that the development as proposed or the details as submitted are sufficiently different from those of planning reference 10/393 and hence I do not consider it appropriate that a different decision issue in this case. I consider it appropriate that permission be refused due to concerns as regards flooding of adjacent lands but also due to concerns in terms of the impact that the development may have on public health at this location due to possible contamination of bored water supplies due to land spreading as proposed on filled lands”.
Four third-party observations were lodged with the local authority in respect of the proposed development.
Brian and Gillian Cooney of Ballymacdonnell, Bodyke objected to the development and made reference to the planning history on this site and refusals of permission for similar developments, they also expressed concern regarding the risk of flooding to their property as well as possible contamination of water supplies.
They outlined that there is a right of way on the site and questioned the applicant’s requirement for an agricultural shed. Mr and Ms Cooney expressed concern about traffic safety and the forms of waste used to fill the site in the past. They added that the site has continuously flooded in the past two years and they said their well is no longer a safe source of water supply blaming the applicant’s activities for this.
Maura Walsh, also of Ballymacdonnell, lodged a submission in which she raised concerns about flooding, water contamination and a public right of way. She also stated that the shed in question is not designed for livestock and claimed the applicant has no land in the local area to accommodate livestock.
Ger and Aisling Walsh, of the same address, lodged a submission raising the same concerns as Maura Walsh.
James Courtney and Mary Boyle also objected to development due to concerns of flooding and stated that the wastewater treatment system is located adjacent to the subject site.
They too expressed concerns about possible contamination in respect of their bored well which is within 50m of the applicant’s site. They also expressed concern regarding the nature of the fill used to fill the site.
They conclude by referring to the planning history associated with the site and two past refusals for applications which involved proposals to fill the site.