Planning Permission Refused for Retail Development
Date Issued : 10th January 2012
Ennis Town Council today (Tuesday, 10th January 2012) announced its decision to refuse planning permission for a development at Limerick Road/Tobarteascain Road, Ennis, Co Clare, comprising the following:
An urban development on a site of 5.22 hectares which will consist of:
- Demolition of all structures on site including 5 residential units, office block and all ancillary buildings.
- Provision of a public plaza fronting on to the Limerick Road including both soft and hard landscaping.
- A retail development including a food store incorporating customer restaurant and cafe, off licence sales area, dot com area and storage service area.
- Separate ancillary 2 storey retail and office block, a standalone 2 storey office block, 610 parking spaces, provision for cycle parking, trolley bays and vehicular access to and from the Tobarteascain Road.
The council is satisfied that the development as proposed is in principal deemed acceptable and is compliant with the objectives for the site as set out in the Ennis and Environs Development Plan 2008 - 2014, subject to a number of requirements particularly relating to a significant reduction in the level of non-food retail offer in the proposed development.
However, the council considers that the proposal is premature pending the upgrade of the wastewater treatment plant at Clareabbey and pending the implementation of the Ennis South Flood Relief Scheme.
The council points out that there have been two major changes since the application was lodged in January 2010. The first is that the site is now designated within Flood Zone A and B as per the recently varied Ennis and Environs Development Plan 2008 - 2014. Without the implementation of the Ennis South Flood Relief Scheme the site will remain as Flood Zone A and B and as such a development of the scale proposed is premature.
The other major change which has occurred is Section 177AE of the Planning and Development (Amendment) Act 2010 where any local authority development which is subject to an appropriate assessment goes directly to An Bord Pleanála for adjudication. This came into force on the 21st September 2011. Prior to this legislation being adopted the local authority would have dealt directly with such applications. It is considered that an application for the upgrade of the wastewater treatment plant at Clareabbey would require the adjudication of An Bord Pleanála as the outfall to the site is to an SAC (Natura 2000) site. In this respect there is a much greater timeframe associated with the planning process.
The council received a significant number of third party submissions in relation to the application.
The applicant and those who have made such third party submissions have
a right to appeal the decision of Ennis Town Council to An Bord Pleanála
within the statutory period.