Cloghan Service Station appeals refusal of 24-hour fuel card use

The owners of a service station in Cloghan have lodged an appeal with An Coimisiún Pleanála against a decision of Offaly County Council to refuse planning permission for fuel card pumps to operate on a 24-hour-a-day basis and for overnight parking for trucks.

In a planning application lodged with Offaly County Couuncil in March of this year, Martin and Pat Grogan sought planning permission for the construction of a canopy at an existing car wash slab and the construction of a fuel storage shed at Cloghan Service Station on Ferbane Street, Creggan and Glosterboy townland in Cloghan.

The proposed development also included the installation of bike shelters; extension of hours of operation of fuel card pumps to 24 hours per day and access to parking areas for overnight truck parking.

Offaly County Council gave the green light for the construction of a car wash canopy and a fuel storage shed but they refused permission for the fuel cards pump to operate on a 24 hour per day basis, and for access to parking area for overnight truck parking.

The planner's report noted that a condition of the original grant of planning permission for Cloghan Service Station was that it should not operate outside the period of 6.30am and 10pm and that no deliveries or parking of vehicles should occur outside of these hours, in the interest of residential amenity.

This condition was subsequently upheld in an appeal to An Bord Pleanála which was taken by several parties in 2020, which also recommended that overnight parking of vehicles not be permitted on the site.

While acknowledging the need for “suitable overnight parking facilities for truck drivers” the Offaly County Council planners report said they had “serious concerns” regarding the impact of overnight parking and access to fuel pumps on the residential amenity of the existing residential properties on the opposite side of the N62 and also the residential zoned land to the south of the subject site.

The report concluded the proposed extension of hours of operation of fuel card pumps to 24 hours per day and access to parking area for overnight truck parking would “seriously injure” the residential amenity of the nearby residential dwellings by way of “noise, light pollution and general disturbance.”

In their appeal, Martin & Pat Grogan argue that the imposition of a condition restricting the full operation of Cloghan Filling Station has “substantially altered” the nature of the service station as originally envisioned and prevents it from operating at its optimum level.

They also contend that the proposed development accords with the relevant national, regional and local planning policy context, and represents an “appropriate and efficient use” of existing facilities on lands zoned for employment and service development.

The appeal correspondence also states that, having regard to Cloghan's “strategic location” on the road network, the proposed development “will enhance the level of service” available in the village, both for local residents and those using the national secondary route adjoining the site.

They also argue that the development “respects and seeks to protect” the amenity of surrounding properties and will not “detract unduly” from them. It is submitted that any “minor impact” on the properties as a result of fuel card pumps operating 24 hours per day and access to overnight truck parking “is overridden by national planning policy” and the safe operation of the adjacent national road network.