New two storey filling station approved on busy Laois road

Planning approval has been granted for a new two storey filling station on a busy road in Portlaoise. 

Portlaoise Service Station Ltd were granted permission to build the filling station on the Dublin Road by Laois County Council in June of 2022. It is connected to a second plan to convert the existing filling station into a car sales and showroom. That plan was approved in August 2022. 

However, Applegreen operator Petrogas Group Ltd lodged an objection against the latest plans for a new filling station to An Bord Pleanala in June 2022. 

The development, which is backed by the Downey family of Downey Auto Stop, proposed removing an existing building at Unit 1A, Leinster Express Business Park, Dublin Road, Portlaoise. 

The plan was then to construct a new two storey petrol filling station (PFS) and licenced forecourt convenience store shop with delicatessen area, toilets, stores, ATM, seating area with full off licence to ground floor, staff facilities with canteen, offices spaces and plant space. 

A new forecourt with canopy, pump islands, signage, illuminated roadside totem signage, services area, carwash, underground fuel storage tanks, Electric Vehicle charging, car parking, fuel offloading point and to relocate the site entrance. 

The grounds for the appeal to An Bord Pleanala in June of 2022 included the use of the word ‘removal’ of the existing building on the site. The objection claimed this was not a

recognised wording in planning legislation and should state ‘demolition’. As a result it claimed the planning notices were legally flawed.

The objection also said the development materially contravenes the Portlaoise Local Area Plan  2014-24 as the proposed shop will be 160 sq m – in excess of 100sq m, and not normally acceptable. 

They also argued that access to a filling station from a roundabout is a highly unorthodox and unusual arrangement. 

Another concern was the lack of guarantee that the intended change of use of the original filling station to car and van showrooms will happen. The objector pointed out that the Board cannot impose any conditions to regulate the original filling station. 

In response to these issues, Portlaoise Service Station Ltd claimed the objection was lodged by a third party who might be seen to seek to restrict competition. The said the Local Area Plan had since been superseded by the County Development Plan 2021 - 2027. 

An Bord Pleanala’s Inspector noted the concerns raised in the objection. She recommended the plans be refused due to flooding concerns. 

“The site is in an area which is at risk of flooding. The proposed development which is

a potentially significant source of pollution in the event of flooding, would, in the

absence of detailed mitigation measures and detailed justification of the risk, be

contrary to the proper planning and sustainable development of the area,” the Inspector stated. 

Despite her misgivings, An Bord Pleanala decided to approve the plans subject to 14 conditions. 

“In deciding not to agree with the Inspector's recommendation to refuse permission, the Board considered carefully the material on file and the applicant's response to the Board's request for additional information. The Board noted the contents of the 'Planning System and Flood Risk Management - Guidelines for Planning Authorities (Nov 09)' but did not agree with the Inspector that the proposed development should be considered a 'potentially significant source of pollution' in the event of flooding as described in the guidelines.

As such, the Board considered the proposed development to be 'less vulnerable development' and, therefore, that it does not require a justification test. In coming to this conclusion, the Board… considered that a flood event of the scale considered under the CFRAMS 0.1% AEP depth would not result in any likelihood of significant pollution,” An Bord Pleanala stated. 

The 14 conditions include flood mitigation measures and that the developers liaise with Laois County Council in relation to a new roundabout at Colliers Lane on the Dublin Road.