An Bord Pleanála has refused permission for a proposed agricultural shed containing a milking parlour in Co. Laois due to the potential impact on nearby Natura sites.
The proposed development would have been located on a site in the townland of Rosconnell Glebe, Attanagh, 4km from Durrow on the Laois/Kilkenny border.
The application included the construction of a shed containing a milking parlour, dairy, plant room, chemical store, office and handling facilities together with external collecting yard, underground effluent storage tank and all other associated works.
The plans indicate that the milking parlour would have 30 stands in a herringbone pattern, either side of the aisle, meaning that a total of 60 cows could be milked together.
The nearest Natura sites are the River Barrow and River Nore Special Area of Conservation (SAC) around 150m to the south and Lisbigney Bog SAC located about 450m to the north.
It was noted that lands associated with the proposed development adjoin the Natura sites.
An Bord Pleanála
In March 2023, Laois County Council granted permission for the proposed development, subject to 13 conditions.
This decision was appealed to An Bord Pleanála by Cork-based environmentalist, Peter Sweetman.
The appeal cited the obligations of the board under the Habitats Directives, and also highlighted the need for appropriate assessment, the principle of development, and groundwater protection.
“On the basis of the total lack of certainty in the information submitted it is not possible for An Bord Pleanála to make a decision to grant permission,” Sweetman said.
The planning inspector for An Bord Pleanála said that under the Habitats Directives, the board is required to consider the possible nature conservation implications of the proposed development on the Natura 2000 network, before making a decision.
It was noted that Laois County Council had carried out a preliminary screening for appropriate assessment (AA) and arrived at a conclusion of no potential significant effects.
The inspector said that no information is available on the file for the number of livestock on the farm, the farm stocking rate or the alterations to the farm operations arising from cows associated with the proposed milking parlour.
The inspector recommended that the applicant be requested to provide a Natura Impact Statement (NIS), including a nutrient management plan giving details of all currently associated land spreading areas including their suitability; and a detailed construction management plan.
“In my opinion in the absence of sufficient details on the of the construction and operation, the board is not in a position to conclude the proposed development would not have significant indirect effects on the adjacent European sites,” the inspector added.
In March, An Bord Pleanála asked the applicant carry out an NIS on the proposed development, however it said that there was no response to that request.
The board said that it was refusing permission for the development on the basis of the information provided with the planning application and the appeal, and in the absence of a response to the request including a NIS.
It said it was not satisfied that the proposed development, individually or in combination with other plans or projects would not be likely to have significant effects on the River Barrow and River Nore SAC and the River Nore Special Protection Area (SPA).
“In such circumstances, the proposed development would be contrary to the proper planning and sustainable development of the area,” the board added.