Donegal County Council has refused to deal with a planning application for a new commercial premises in Ballybofey.
Danny Doherty had sought permission, in Irish, to build a 345 square metre (3,713 sq ft) unit at Trusk Road, near the SuperValu Shopping Centre.
He also applied for ‘retention’ permission for an existing infill development on the same site.
Two residents of the nearby Weaver’s Estate, however, objected to the application. They claimed the ‘unauthorised’ infill was built on a floodplain and that it should not be given the benefit of retrospective planning permission.
Planners told Mr Doherty that an assessment was required as to the possible effects the proposed development might have on the nearby River Finn.
Any such assessment, they added, should have been carried out before the infill works began.
“The Planning Authority has determined that an appropriate assessment of the development is required as it cannot be excluded on the basis of objective scientific information that the proposed development will have a significant effect on a European Site; River Finn SAC,” they wrote.
“And, specifically, that appropriate assessment of the existing development (to be retained) would have been required had an application for permission been made before it was commenced.”
Accordingly, the council told Mr Doherty that his application cannot be considered by them and is being returned to him.
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