An Bord Pleanála Inspector’s Report Development: Change of use of agricultural shed to indoor horse riding arena, change of use of first floor only of agricultural store to lecture room; parking, access and site works. Minor improvements to the junction of the R265-3 & L23941-1 to include raising of road levels and associated drainage; retention of excavated area & restoration of same to provide a grassed area. Location: Porthall and Boyagh, Lifford. Co, Donegal Planning Application Planning Authority: Donegal County Council Planning Authority Reg. Ref.: 13/51590 Applicant: Daniel Lusby Type of Application: Permission Planning Authority Decision: Grant Permission Planning Appeal Appellant: Ian McKean William McKean Type of Appeals: 3rd v Grant Date of Site Inspection: 8th January 2015 Inspector: Dolores McCague PL 05E.244028 An Bord Pleanála Page 1 of 34 1 SITE LOCATION AND DESCRIPTION 1.1 The site is located in the townlands of Porthall & Boyagh north-east of Lifford in Co. Donegal. The area is rural in character consisting of low lying agricultural pastureland. This is a rural area with only limited dispersed development and small villages and cross road settlements (Porthall village). 1.2 The lands of which the site forms part, are part of the grounds of Port Hall estate, the main feature of which is Port Hall, a Protected Structure that is accessed by a tree-lined avenue, and its associated outbuildings. The house is a two- storey over basement, five bay, former country house with attic level built c 1746. The land slopes gently away to the east, towards the river, and the house presents a three storey rear elevation in this direction. The roof is hidden by a parapet wall. It is described in the NIAH as an impressive and sophisticated small-scale Palladian country house, arguably the finest building of its type and date in Donegal. 1.3 Porthall House, in separate ownership and on separate lands adjoins the Port Hall property, to the north. 1.4 Port Hall is located on the western shore of the River Foyle. To the south of the house is the remains of an original walled garden. Two former warehouse buildings frame the view of the house from the river. The agricultural buildings associated with the farm are located to the north of the house. The rear of the house faces the River Foyle, from which it is separated by low lying land and a canal. A small foot bridge over the canal provides access to the river across flood embankments placed along the banks of the river. There are also a number of open drainage ditches that traverse the site. The full extent of the house is exposed to the rear between the 2 No. two-storey warehouses which flank the sides of the building. 1.5 The site, which is a part of the lands adjoining the house (Port Hall), runs in an east west direction to the north of the tree lined access to the house, and widens north of the house to enclose an area of land which was disturbed by excavation and includes some of the farm buildings. 1.6 The site is accessed via a county road that extends in an eastern direction off the R 265. 1.7 The site is given as 3.45ha. PL 05E.244028 An Bord Pleanála Page 2 of 34 2 PROPOSED DEVELOPMENT 2.1 The proposed development is the change of use of an agricultural shed to indoor horse riding arena, the change of use of the first floor only of agricultural store to lecture room; parking, access and site works; minor improvements to the junction of the R265-3 & L23941-1 to include raising of road levels and associated drainage; and retention of excavated area & restoration of same to provide a grassed area. It is stated that quarrying was carried out in the excavated area. 3 PLANNING AUTHORITY DECISION 3.1 The application was submitted on the 6th January 2014. It was accompanied by a report entitled ‘Screening for Appropriate Assessment for an agricultural shed and associated facilities at Porthall, Lifford, Co Donegal; to support the appropriate assessment process in line with the requirements of Article 6(3) of the EU Habitats Directive’ by Dr Florence Wilson Earthy Matters Environmental Consultants. 3.2 Submissions –Prescribed Bodies 3.3 DAHG, 23 Jan 2014 including: concerns at the potential to have an impact on the character and setting of the protected structure Porthall, registered as a protected structure in the Donegal County Council register of protected Structures Reg No 40907113. A mid Georgian period house of considerable importance build c 1746 and designed by the architect Michael Priestly. The proposal should be forwarded to the Donegal Conservation officer for her comments. The Council may wish to request the applicant to submit an Architectural Heritage Impact Assessment… 3.4 DAHG, 24 Jan 2014 including: The Department is of the view that this development could significantly damage/destroy the habitat of Atlantic Salmon and Otter both of which are species listed in Annex II of the EU Habitats Directive (Council Directive 92/43/EEC on the Conservation of natural habitats and of wild fauna and flora). 3.5 The potential impacts would be caused by the: PL 05E.244028 An Bord Pleanála Page 3 of 34 Deterioration of the water quality in the River Finn resulting from pollution from surface water run-off during site preparation and construction; Deterioration of the water quality in the River Finn resulting from pollution from surface water run-off post construction from the development; Deterioration of the water quality in the River Finn resulting from the inappropriate disposal /landspreading of animal wastes associated with the development. 3.6 The Department has previously reviewed the document entitled ‘Screening for Appropriate Assessment for an agricultural shed and associated facilities at Porthall, Lifford, Co Donegal which was prepared by Earthy Matters Environmental Consultants as part of the planning Ref. 13/50572. 3.7 In order to mitigate for potential impacts, the Department recommends that the following conditions be attached to the grant of permission: The mitigation measures set out in the report ‘Screening for Appropriate Assessment for an agricultural shed and associated facilities at Porthall, Lifford, Co Donegal by Earthy Matters dated April 2013 should be implemented in full. All structures should be built in accordance with the Department of Agriculture, Fisheries and Food Minimum Specification i.e. S101 Minimum Specifications for the structure of Agricultural Buildings (March 20060 and S108 Minimum Specifications for Manure Pits and Dungsteads (August 2007) etc. Clean and soiled waters should never be mixed. Any soiled water from open (dirty) yards or the dungstead should be directed into an effluent tank. Open yards should be kept clean at all times. Post construction surface water runoff from hardcore/concrete/tarmacadam areas should be directed into a soakpit. If soakpit disposal is not viable/practicable, then surface water fun-off from these areas should be treated via serviced sediment and oil interceptor traps, prior to discharge into any stream/drainage channel that flows into the River Foyle; PL 05E.244028 An Bord Pleanála Page 4 of 34 All spreading of animal wastes associated with the development should be in accordance with European Communities (Good Agricultural Practice for Protection of Waters) Regulations 2010; All road works and alterations to the R-265-3 & L-23941-1 should be carried out in accordance with the NRA Environmental Construction Guidelines. 3.8 Reports 3.9 Planning Report 13/2/2014 recommending further information. Access into the site will be taken from the private tree-lined driveway that provides access up to Port Hall. Passing bays along this driveway as well as along the county road L023941-1 are included as part of the overall proposal. Access from the county road network on to the driveway is taken at the junction of the aforementioned county road and the L-23942 county road. No vision lines are shown along these roads. Given the proposed development will generate an increase in traffic utilising this access/egress point the applicant will be requested to show the correct visibility splays to the nearside of the roads and provide consent from the relevant third parties that these splays can be achieved and maintained. 3.10 Storm water is to be directed to the existing strom pipe on the northern boundary. Other information on the disposal of surface / storm water is sparse and therefore the applicant will be asked to submit details on, inter alia, measures for the collection and disposal of all storm/surface water at the site entrance, all roof water and all waters emanating from hard standing areas within the site and shall identify a final point of outfall for all waters. Furthermore given the site’s proximity to the River Finn SAC the applicant will be requested to install sediment and oil traps at appropriate location prior to the discharge of surface water from the site into this existing storm water pipe. No information has been submitted on the storage and disposal methods of manures generated by the proposal. In order to ensure proper measures are to be used the applicant will be requested to submit this information along with the locations of the receiving lands and the capability of these lands to accommodate the same without any loss to surface/groundwater. 3.11 Views into the site should be screened and applicant will be requested to submit a detailed planting scheme within the western area of the site. PL 05E.244028 An Bord Pleanála Page 5 of 34 3.12 Further information request issued on 9 points, including: item 1 – submit an Architectural Heritage Impact Assessment; item 5 – detail uses and activities proposed; item 6 - detail storm water and surface water; item 8 – detailed written statement accompanied by a layout plan to the appropriate scale which details the proposed storage and disposal methods of manures generated by the proposal.