New service station to be built outside Gorey despite appeal – ‘you have failed to identity the obvious potential safety problems'

Irish Independent

a day ago

Situated in Knockmullen on the R741 regional approach road to Gorey, an application to develop the service station was submitted to Wexford County Council (WCC) in July of last year by Mr Pat and Tom Redmond.
WCC granted planning permission to the applicants on February 19, 2025 but did so only after approving the 'material contravention' of the Gorey Local Area Plan (LAP) so that a service station could be developed at this location.
A material contravention occurs when a planning application significantly deviates from the objectives of the local development plan, but the planning authority (WCC) deems it necessary for the area's sustainable development.
In its first planning report on August 26 of last year, WCC stated that the site is in 'an area zoned Business and Technology Park where a petrol station is not normally acceptable' and that, as a result, 'the proposal would therefore be a material contravention of the Local Area Plan'.
However, following a request for further information including a revised road safety audit, WCC's updated planning report (December 17, 2024) stated that its roads department considered the development to 'be acceptable' and recommended that a material contravention be applied.
Prior to planning being granted, the chief executive of WCC approved the development on the grounds that the service station will provide local facilities for car users on 'one of the main routes into the town', that it will 'provide ten electric vehicle recharging points which are currently lacking in the Gorey area', and a 'changing places' facility which will enhance the network of services that brings dignity for people with a range of disabilities'.
The chief executive also noted the service station will bring 'additional employment opportunities and investment to Gorey' before the application was approved by local councillors.
Opposing the development, Mr Oliver Lynn, who owns a property opposite the site, objected to the changes in road layout which will 'obstruct access' to his home and argued that the road safety audit had 'failed to identity the obvious potential safety problems within the scheme' and failed to provide 'recommendations to minimise collision occurrence and severity'.
He also argued that the new road junction design would result in an 'increased risk of side-on collision for traffic turning right into the private laneway', 'increase congestion' beside his home and that a 'private commercial entity should not be allowed to supersede the rights of users of the private laneway to safely and without obstruction, access their lands and homes'.
After planning permission was granted for the service station, Mr Lynn lodged an appeal to An Coimisiún Pleanála, the national planning authority, on March 14 of this year.
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In his appeal, he referenced the material contravention and stated his belief that his concerns were not 'adequately highlighted' in the process.
'Given the Gorey LAP is eight-years-old, it is not in keeping with proper planning and development to make a zoning change of this nature prior to the development of a new plan,' read his appeal.
Mr Lynn's appeal also referenced the size of the development, stating that it was in excess of 100m2 and thus contravened the Wexford County Development Plan.
On the issue of road safety, Mr Lynn's appeal stated that existing issues will be 'considerably worsened' by the development of a service station and that 'inadequate provision is (being) made for traffic entering (his) laneway approaching from the Gorey direction'.
Highlighting the presence of a recorded monument on the development site, Mr Lynn also stated that he had not been notified of WCC's decision to approve planning permission until he contacted its offices.
In their response to Mr Lynn's appeal (April 14, 2025), Mr Pat and Tom Redmond said the development had been permitted by WCC following a 'transparent and lawful application of the material contravention procedure'.
'From the outset the planning authority considered the development to be appropriate subject to resolution of identified issues,' they continued. 'There is no legal or policy bases to suggest that planning applications should be withheld or curtailed during the life of an extended local area plan.
In relation to Mr Lynn's concerns regarding road safety, the applicants said the proposed development has been designed 'in accordance with all relevant road and traffic safety standards and guidance' and the road safety audit did not raise 'concerns about the proposed site entrance to the broader road network or the ability of the R 741 to safely accommodate the development'.
They also contended that, in accordance with the Local Area Plan, the subject site does not lie 'within or in proximity to any recorded monuments, newly identified archaeological sites or areas classed as historic town and archaeological interest'.
In his assessment of the case, planning inspector with An Coimisiún Pleanála Mr Peter Nelson addressed the issue of the material contravention and the applicants' other properties in the area.
'The proposed service station will be accommodated on a section of the Business and Technology Park (BTP) zoned lands in this location and I consider that there is adequate space on the remaining BTP lands and on the existing Hatch Lab site for its potential expansion and for similar types of units which will provide office space for start-ups.
'I also note that there is a large section of undeveloped BTP zoned lands on the Courtown Road. The applicant has submitted a letter stating that as the owner/landlord of the M11 Business Campus, where the Hatch Lab is located, they have struggled to secure tenants for the space since its completion in 2017.
"They state they have an addition c.2,800 sqm of commercial space in Gorey that they are having difficulty leasing. Having regard to all of the above I consider that the proposed development will not prejudice the expansion on the existing Hatch Lab or the development of similar type enterprises. I also consider that there are currently adequate zoned lands for BTP use in Gorey.
'While recognising that the provision of a service station on BTP zoned lands is a material contravention on the LAP, I consider that given the site is located on the main approach to Gorey, to and from the M11, I consider that in principle that this location is acceptable for a service station. Being on the edge of the town the service station, which includes the provisions of ten electric car space will provide a service for Gorey town.
"I note that the planner in his report considers the site is far enough off the M11 so as not to attract motorway users which would create additional unnecessary traffic to the southern part of the town. I consider that this would be the case.'
With regards to the road safety concerns highlighted by Mr Lynn, the inspector stated that the 'proposed entrance with the new signalised junction will significantly slow the traffic along this section of the R741' and that 'cars travelling from Gorey will have adequate visibility and will safely be able to turn right into the laneway'.
'I do not consider that the scale of the development will result in an excess number of trips in/out per day so as to cause concern,' he continues, adding that the proposed service station will 'not cause undue traffic congestion' in this location.
As Mr Lynn and Messrs Redmond had a difference of opinion regarding the presence of a recorded monument in the site location, Mr Nelson sought to provide clarity on this issue. Referencing the National Monuments Service's Historic Environment Viewer, Mr Nelson says it describes a 'circular enclosure defined by a slight fosse or drain' which is visible on Google Earth.
In addition, archaeological testing by Seán Shanahan in the area immediately to the east of the central enclosure recovered a pit. As a result, Mr Nelson stated that the 'implication of the proposed development on any archaeology needs to be assessed'.
'I recommend that a condition be attached requiring the applicant to engage a suitably qualified archaeologist to carry out an Archaeological Impact Assessment (AIA) including an archaeological impact statement and mitigation strategy, to be submitted for the written agreement of the planning authority in advance of any site preparation works, groundworks and/or construction works.'
Recommending that permission be granted and that Mr Lynn's appeal be dismissed, Mr Nelson stated that 'the proposed development would be acceptable and would not seriously injure the amenities of the area and would be acceptable in terms of traffic safety'.
However, he did recommend that a number of conditions be applied to the application including a stipulation that the 'total net retail sales space of the forecourt shop shall not exceed 100m2', that 'all proposed car parking spaces shall be capable of accommodating functioning electric vehicle (EV) charging stations/points', and that the developer shall engage a 'suitably qualified (license eligible) archaeologist to carry out an Archaeological Impact Assessment (AIA) . . . in advance of any site preparation works and groundworks'. ,
Following Mr Nelson's report, three members of the Coimisiún na Pleanála board (Chris McGarry, Mary Henchy, and Marie O'Connor) met on July 9 to assess his recommendation. They chose to accept Mr Nelson's recommendation and grant planning permission for the service station.