Plans for a Supermac’s outlet in Letterkenny have been rejected despite an An Bord Pleanala inspector recommending that the development be allowed to proceed.
The council had originally approved the development on the Port Road but that was then appealed to An Bord Pleanala.
The Council had granted permission to Atlantic Enterprises Limited for the demolition of an existing vacant shed on the Port Road site for the provision of a two story restaurant with drive through facilities and 25 car parking spaces.
Lindat Limited appealed that decision to ABP saying that as the freehold owners of the land, their consent was not sought, though required, for the development.
They say the proposed development does not comply in any way with the lease agreement between the two parties.
The planning board's inspector said they were satisfied that it would not be reasonable to withhold planning permission in this case for reasons relating to the legal interest of the applicant in the site.
There were further concerns expressed that the fast food takeaway would lead to further traffic delays in the area and would leave it open up to both anti social behavior and waste management issues.
Providing a number of conditions were met, the inspector was satisfied to recommend permission be granted.
In deciding not to accept the Inspector's recommendation to grant permission, the Board considered that the proposed development would not be acceptable in terms of its design and siting, and was not satisfied that the proposed development would make a positive contribution to the public realm, and would,therefore,be contrary to the proper planning and sustainable development of the area