Decision to refuse alcohol sales at Laois motorway filling station overturned on appeal

A decision by Laois County Council to refuse alcohol sales at a Laois filling station due to the impact on retail in nearby towns has been overturned. 

An Bord Pleanala has granted Circle K Manor Stone Service Station, just  off Junction 3 on M8 Motorway, Tintore, Ballacolla permission to sell alcohol. 

The filling station, located 3km from Ballacolla and 7km from Rathdowney town centre, was refused permission by Laois County Council who found it would undermine the competitiveness of retailers in Ballacolla and Rathdowney. 

An Inspector with the Bord noted that  “along with fuel, there is a retail outlet, EV charging points. A food court, coffee, a takeaway restaurant, seating indoor and outdoor, toilets, food preparation areas, bin storage, service yards.”

“Laois Co. Co. refused the proposed change of use for one reason: The proposed development would facilitate an expansion of the retail offering at the Manor Stone Service Station such that the retail floor space at this out-of-centre rural location would seriously undermine the approach to retail development in the Laois County Development Plan 2021-2027. 

In particular, the proposed development would if granted, undermine the vitality and viability of nearby settlements a (Ballacolla and Rathdowney). Furthermore, the proposed development would facilitate the reinforcement and enhancement of retail development at this out of centre rural location, to the detriment of the vitality and viability of nearby settlements of Ballacolla and Rathdowney contrary to the policies of the Laois County Development Plan 2021-2027,” the Inspector noted. 

Despite these concerns, the Inspector believed the appeal should be upheld

Ard Services Ltd, who operate Circle K, appealed the Laois County Council decision on a number of grounds. 

They argued that Laois County Council’s conclusions were unjustified and based on mistaken and exaggerated planning rationale. They also described the proposed development as a minor alteration to the existing retail outlet.

Ard Services said the service station provides for the sale of convenience goods and stated that: “Under Annex 1 of the retail Planning Guidelines 2012, the sale of alcohol falls within the definition of convenience goods.”

The Bord’s Inspector believed the appeal should be granted as it was “a modest change” to the retail offering at the station. An Bord Plenala then ruled in favour of the appeal. 

They Bord found that “ the proposed development would not give rise to any unacceptable impacts on the existing vitality and viability of the existing retail outlets in surrounding towns and villages, and would be in keeping with the existing and permitted pattern of development in the area, and would therefore substantially accord with the proper planning and sustainable development of the area.”