Tachumshin Farm, County Wexford
Mr James Turner
Tachumshin, County Wexford.
October 2015 – October 2016
Tachumshin is an unauthorised farm complex, including slurry lagoon, located in an environmentally sensitive location – adjoining a river/stream, circa 250 metres from Tachumshin Lake Special Area of Conservation (SAC) and Special Protection Area (SPA), and is in proximity to a recorded national monument.
The Client required planning advice on how to respond to an Enforcement Notice/Warning Letters against unauthorised development at the farm, and on how to resolve and potentially regularise unauthorised development, including unauthorised farmyard structures, hardstanding areas, slurry lagoon and cattle underpass. The Client also wished to overturn 2 No. previous refusals of retention planning permission from Wexford County Council, including a direction to apply to An Bord Pleanála for ‘Substitute Consent’ with remedial Natura Impact Assessment, having regard to the sites proximity to Tacumshin Lake SAC/SPA.
Tom Phillips + Associates (TPA) provided strategic planning advice to the Applicant on the optimal approach to resolving planning issues on the lands, including Substitute Consent, and how to overcome its significant negative planning history having regard to site specific sensitivities.
TPA engaged with the Planning Authority in relation to the enforcement process and acted as the team lead and project managers in formulating and co-ordinating the Planning Application, First Party Appeal and subsequent response to a Submission from the Planning Authority.
We prepared a detailed Planning Report in conjunction with a select team of specialists to demonstrate - beyond reasonable scientific doubt - that the development to be retained has not had, and will not have adverse impacts on protected sites: including detailed Hydrogeological Assessment; Appropriate Assessment Screening; Archaeological Assessment and Engineering input in relation to the integrity of the constructed slurry lagoon.
Wexford County Council refused retention permission for the farm on 30th May 2016. A First Party Appeal against that Decision was submitted to An Bord Pleanála on 27th June 2016, and following a subsequent Response Submission to Wexford County Council’s Observations on the Appeal, the Board overturned the Council’s Decision and granted planning permission for retention of the complete development as applied for, by way of Determination dated 27th October 2016.