An Bord Pleanála
Inspector’s Report
Development : Construction of a grade-separated interchange on the M7 Motorway, and a new link road to connect to the Western Distributor Road, at Osberstown, Naas, Co. Kildare.
Application
Local Authority : Kildare County Council
Type of Application : Application for approval by Kildare County Council in respect of the M7 Osberstown Interchange Motorway Scheme 2008.
Submissions to Board
Prescribed & Public Bodies : Geological Survey of Ireland (GSI) : Department of Environment, Heritage & Local Government (DoEH&LG) : Dublin Transportation Office (DTO) : National Roads Authority (NRA)
Others : Martin Boran : William Cullen
Date of site inspection : 3rd & 12 th March 2009
Inspector: Michael Dillon
______09.MA0005 / 09.HA0018 An Bord Pleanala 1 1.0 SITE LOCATION AND DESCRIPTION
1.1 The site, with a stated area of 6.692ha, is located some 2km northwest of Naas town centre, in Co. Kildare. The site is bisected by the M7 motorway – a two- lane dual carriageway in each direction, which trends southwest/northeast through the site. The 120kph speed restriction applies on this section of motorway. There is an existing agricultural accommodation bridge across the motorway at this location (although through passage is temporarily blocked) and gates are padlocked. Lands to the south of the motorway have been recently laid out as part of the Osberstown Business Park (sometimes referred to as the Millennium Business Park) – through which the Western Distributor Road (sometimes referred to as the Naas Outer Relief Road) traverses. The Western Distributor Road links the Sallins Road R407 (at a busy roundabout just to the south of the over-bridge which carries the Sallins Road over the M7) to the northeast of the site, with the Carragh Road (R409) and Newbridge Road (R445) to the southwest of the site. The Western Distributor Road is linked with the Maudlins Interchange on the N7/M7 via the Monread Road – a 2km long busy local road serving residential and commercial premises. The Western Distributor Road comprises a single, undivided carriageway, flanked by two grass margins (within which are timber bollards), 2m footpaths, 2m cycle paths and landscaping. Public lighting is in place along the length of this road.
1.2 An attenuation pond (approximately 1ha in area) has been created within the Osberstown Business Park – roughly located parallel to the M7 – and immediately to the southeast of the proposed interchange. The pond is used by waterfowl and swans. This pond drains to the north via two culverts beneath the M7 – to streams which flow into one another and ultimately discharge to the River Liffey. There was a steady flow in all streams on the second date of site inspection. There is one mature ash tree immediately to the south of the accommodation bridge. There are 110kV power lines traversing the Osberstown Business Park from southwest to northeast – supported on double timber poles. Two no. three-storey office buildings have been constructed within the Business Park to date – with only part of one of them occupied. There is also a very large Volvo commercial centre somewhat to the southwest of the proposed interchange. The remainder of the lands within the Osberstown Business Park comprise agricultural land and fallow land awaiting development. To the north of the M7, lands are in agricultural use with fields divided by hedgerows and streams.
1.3 Osberstown House and its gardens (a Protected Structure) are located due north of the proposed junction. The house is surrounded by mature gardens and screen-planting. It is only possible to catch glimpses of the house and its outbuildings from the existing accommodation bridge – and this at a time when winter trees were without foliage. The entrance front of the house faces west. The garden front of the house faces east. The boundary of the gardens with agricultural land to the east has recently been supplemented with New Zealand Flax and Italian Cypresses and a new single-storey gazebo structure. The house is intermittently visible from the M7 and also from the Western Distributor Road at the bridge crossing over the Naas & Corbally Branch of
______09.MA0005 / 09.HA0018 An Bord Pleanala 2 the Grand Canal. Other houses in the vicinity of Osberstown House are also intermittently visible from the M7. Access to Osberstown House is from a county road which runs to the north of the M7, and there are a number of other houses with access from this road also. This county road is wide enough for two vehicles to pass with ease and is heavily used by local traffic.
1.4 To the immediate east – located between the Naas & Corbally Branch of the Grand Canal and the Sallins Road R407 – is the Millennium Business Park with access from the Western Distributor Road. This development is characterised by high-quality landscaping and surface car-parking around individual office blocks – in a campus-style layout.
1.5 The proposed interchange is roughly equidistant from Maudlins Interchange to the east and Newhall Interchange to the southwest on the N7/M7. These two junctions serve the town of Naas – with the latter serving Newbridge also. It is approximately 3.0km from the site to the Maudlins Interchange and 2.5km from the site to the Newhall Interchange. The motorway boundary is defined by a fence. The M7 is carried over the Naas & Corbally Branch of the Grand Canal on a high embankment.
1.6 The River Liffey flows approximately 0.75km to the northwest of the site and the Naas & Corbally Branch of the Grand Canal flows some 0.75km to the east of the site. The Grand Canal itself flows some 1.25km to the north of the site. The Dublin to Cork railway line runs approximately 0.8km to the north of the site: the nearest railway station is at Sallins – some 1.75km due northeast of the site. The Osberstown Sewage Treatment Works is located approximately 1km to the southwest of the site – immediately adjacent to the M7 – but accessed from the county road to the north.
2.0 PROPOSED DEVELOPMENT
Approval sought by Kildare County Council (on behalf of Kildare County Council and Naas Town Council) from the Strategic Infrastructure Division of An Bord Pleanala, for development comprising a grade-separated interchange on the M7 motorway at Osberstown, pursuant to the provisions of the Roads Act 1993 (as amended) and as provided for by Sections 48, 49 and 51. The approval was sought on 4 th November 2008, and can be broken down into the following elements- • Rotary junction with two over-bridges across the M7 with full connectivity to the M7 by four slip roads. The junction is designed with auxiliary (free-flow) lanes on both merges and diverges. • Connection to the Western Distributor Road at grade, via a 0.2km length of distributor carriageway to an existing roundabout to the south. • The interchange will facilitate a planned direct connection to the Regional Road network (R407) to the north of the M7 – by way of the northern spur. (The R407 links Naas with Kilcock & the M4 with the M7, via Sallins and Clane). • Provision for extinguishment of an existing right-of-way across the M7 accommodation bridge.
______09.MA0005 / 09.HA0018 An Bord Pleanala 3 • Associated ancillary works such as drainage. A small stream through the site may have to be diverted. Surface water is to be discharged to roadside gullies and filter drains. • Provision for bus lanes throughout, together with cycle-lanes and footpaths. • Full traffic route lighting. • Landscaping. • Temporary site compound in southwest quadrant of interchange. • The design allows for the future upgrading of the M7 to dual-three lanes. • The EIS states (p.23) that the proposed junction has been designed in accordance with the Design Manual for Roads and Bridges (NRA 2007).
3.0 NATIONAL/REGIONAL GUIDANCE & DEVELOPMENT PLANS
3.1 National Spatial Strategy 2002-2020
3.1.1 Naas is the county town of Kildare and has the largest population of any town within the county. Naas, and the nearby towns of Newbridge and Kilcullen, are designated as ‘Primary Development Centres’ within the Greater Dublin Area. Naas is identified as a strong town within the Hinterland Area of Dublin. Self-sustaining growth is promoted in order to move away from dependence on Dublin.
3.2 Regional Planning Guidelines for the Greater Dublin Area 2004-2016
3.2.1 The site is within the Hinterland Area, wherein it is strategy to channel development into a ‘Large Growth Town 1’ category such as Naas (also referred to as ‘Satellite Towns’ – part of a ‘Primary Dynamic Cluster’ with the towns of Newbridge and Kilcullen. The population horizon for towns such as Naas is 25,000-40,000 by 2016. Sallins is designated a ‘small town’.
3.3 Kildare County Development Plan 2005
3.3.1 The landscape character of the area is described as ‘Northern Lowlands’, with generally flat terrain and open lands with regular (medium sized) field patterns. Hedgerows are generally well-maintained and low, with scattered trees along the field boundaries that partially screen the lowest lying areas. Nevertheless, the generally low-lying vegetation of the area allows long- distance and extensive visibility.
3.3.2 Chapter 3 of the Plan deals with Physical Infrastructure Strategy. Under Section 3.1.4.3, Policy NR 9 states ‘ To further investigate the potential for appropriate development at the various interchanges throughout the County having regard to the IFPLUTs, RPGs, the primacy of the locations identified in Policy NR 8 and policy ED 34 under Chapter 2, Section 2.4.9 broad economic factors and proper planning and development. In this regard the following interchanges will be examined: - amongst others included are Newhall, Millennium Park and Maudlins . And that the resultant study in
______09.MA0005 / 09.HA0018 An Bord Pleanala 4 relation to the identified interchanges will be completed within two years of the making of this County Development Plan ’. Policy ED 34 refers to lands at Cherryville and Mayfield and is of no relevance to the current application. 3.3.3 Under Section 3.1.4.6, Policy RP 5 states ‘ To facilitate provision of an additional interchange along the N7 Naas By-pass to provide access to the Millennium Park ’.
3.3.4 Table 20.1 comprises the Record of Protected Structures for County Kildare. Item B19-14 refers to ‘Osberstown House’ – situated to the north of the application site.
3.3.5 The site is not the subject of any listed views or prospects and there area no scenic routes in the vicinity.
3.4 Naas Integrated Framework Plan for Land Use and Transportation (IFPLUT) 2003
This Plan was prepared by Kildare County Council and Naas Town Council for the town of Naas. The Plan covers the period up to 2020. A total of five alternative scenarios were examined for the town. Scenario D involved high- density development in the northwest sector. The Plan sets down the principles for future development, guiding the level, scale and location of future development within the wider area of Naas, ensuring a quality living environment. A mixture of high-density residential/employment development was proposed in the northwest sector of the town at Osberstown. A new transport corridor to the northwest was proposed linking Sallins railway station with the town centre and the hospital. Under the heading ‘Key Road Infrastructure’ – reference was made to the inner relief road for Naas. The section goes on to state ‘ Where further road schemes are considered in the longer term, they should assist in the By-passing of the town centre, help to define the development area of the town and facilitate desirable development ’. Under the heading ‘Implementation’ – reference is made to ‘ the balancing of development away from the north-east and south of the town towards the north-west ’.
3.5 Naas Town Council Development Plan 2005-2011
3.5.1 The Plan has a specific objective (M25) – ‘ To provide a new interchange on the M7 at Millennium Park serving the northwest quadrant of Naas and the adjacent industrially zoned lands, and provide a distributor road from the Newbridge Road to the Sallins Road ’. This objective is indicated on the Land Use Zoning Objectives Map at the position of the existing accommodation bridge over the M7 (copy included with this report).
3.5.2 A further specific objective (M25c) states that – ‘ The Planning Authority will examine and assess the possibility/potential to provide a link road from the proposed Sallins By-pass to connect with the existing road network in Naas ’.
3.5.3 Section 4.2.3 refers to a strategic transport corridor linking Sallins railway station south to Osberstown Millennium Park and linking to Naas town centre
______09.MA0005 / 09.HA0018 An Bord Pleanala 5 and other residential neighbourhoods with a ‘loop’ service. It is stated that this objective is illustrated on the Land Use Zoning Objectives Map. [There is no diagrammatic indication of this objective on that zoning map. However, Figure Three (an extract from the IFPLUT) is reproduced at page 12 of the Naas Plan – which does indicate a thematic sketch of broad-brush framework for the development of the town. A copy is included with this report].
3.5.4 Objective LUT 12 seeks ‘ To cooperate with the public transport authorities and any other relevant bodies in the improvement of the public transport system and establish the feasibility of a park and ride system in Naas ’.
3.5.6 The Land Use Zoning Objectives Map (copy included with this report) indicates a yellow line – approximate line of setback of development from the M7. The lands to the south of the M7 are zoned H ‘Industrial & Warehousing’ – to provide for and improve industrial and warehousing development. The lands to the north of the M7 (such as lie within the Naas Town Boundary) are zoned I ‘Agricultural’ – to provide for continued agricultural development and associated uses. The link road to the Western Distributor Road is also indicated as a ‘New Roads Objective’, along with the Western Distributor Road itself [now completed].
3.5.7 Section 7.2.3 of the Plan states that a Masterplan for the Northwest Quadrant will be required to guide future development in this area.
3.6 Sallins Local Area Plan 2009
3.6.1 This Plan was adopted on 26 th January 2009. Section 6 of Part B deals with the issue of transportation. Under this section it is a stated objective to-
TR 4 (iv) To seek the construction of a new road from the Clane Road to the Naas Road (Sallins By pass).
PT 5 To cooperate with, and support, public transport agencies and private stakeholders in developing a Public Transport Interchange, including the expansion of bus and train station facilities on lands adjacent to the Sallins By pass route.
3.6.2 The Plan identifies the preferred route of the R407 Sallins By-pass running to the west of Sallins and linking directly to the proposed Osberstown Interchange, at Map Ref. 3 (copy attached to this report). The lands through which the route traverses are almost entirely zoned agricultural – including the lands immediately to the north of the Naas Town boundary in the vicinity of the proposed motorway interchange.
3.7 Naas Northwest Quadrant Masterplan 2007
This covers an area of mostly Greenfield lands of which 247ha have been identified under the Naas Town Council Development Plan for the preparation of a Masterplan. The lands are located to the south of the M7, north of the R409 Carragh Road and somewhat to the west of the Naas & Corbally Branch
______09.MA0005 / 09.HA0018 An Bord Pleanala 6 of the Grand Canal. The Masterplan sets out a blueprint for the development of a new sustainable residential community of up to 8,000 people with 12,000 employment opportunities to be created. This is to offset the draw of Dublin for commuting. The interchange is stated to be of assistance in creating accessibility/connectivity from designated growth towns to national transport networks. Section 5.7 deals with Future Transport Infrastructure. Subsection 5.7.5 states ‘ It is an objective of the Naas Town Centre Development Plan to provide for the development of a new interchange on the M7 motorway. This will reduce congestion on the existing two interchanges and greatly improve the network and access to Naas Town Centre, Millennium Park and beyond ’. Figure 6.10 clearly shows a Strategic Public Transport Route (Future Strategic Link to Sallins Train Station) to the north of the proposed interchange. Figure 6.11 clearly shows a Primary Vehicular Route to the north of the proposed interchange.
3.8 Dublin Transportation Office Strategy 2000-2016
This ‘Platform for Change’ document provides the transport planning framework for the Greater Dublin Area. The Strategy aims to maximise access to the public transport infrastructure and to facilitate higher density development through the provision of public transport. There are many items of relevance to Naas such as- • The ‘Kildare Route Project’ seeks the electrification of the Sallins to Dublin rail line. • Two additional tracks west of Hazelhatch to Sallins for Dublin commuter trains. • Development of local cycle networks.
3.9 Nature Conservation
The Grand Canal proposed Natural Heritage Area (pNHA) is located approximately 1.25km to the north of the site – site code 02104. The River Liffey at Osberstown is a pNHA, approximately 0.75km to the northwest of the site – site code 01395.
4.0 PLANNING HISTORY
Ref. 99/500154: Permission granted by Naas Town Council on 25 th February 2000, for development of 110ha of industrial and warehousing uses. The proposal included a new interchange on the M7. Also provided was a roundabout on the Sallins Road at the Monread Road junction and a new road network off this junction including a bridge crossing over the Naas & Corbally Branch of the Grand Canal between the former Odlum's Mills and the M7. [Much of this infrastructure work is now completed]. Condition 16 of the permission stated as follows-
The developer shall design, prepare all necessary documentation for statutory approvals including where necessary C.P.O. and Motorway Scheme Orders and subsequently construct the proposed Interchange as soon as possible after
______09.MA0005 / 09.HA0018 An Bord Pleanala 7 granting of the relevant statutory approvals. The design and construction of the interchange shall be to the satisfaction of the Planning Authority and the NRA. The developer shall maintain and operate the interchange to the satisfaction of the Planning Authority and the NRA until it is taken in charge. All the above are in accordance with the commitment given in the applicant’s letter dated 17/12/99.
Reason: To ensure proper development and to minimise traffic hazard. Failure to provide this interchange would result in recommendation for refusal of the application due to serious traffic hazard because the surrounding road system is deficient in alignment, capacity, structural strength and safety and would be unable to accept the additional traffic generated by the proposed development.
Ref. HD0012 A Direction is sought from the Strategic Infrastructure Division of An Bord Pleanala, as to whether the proposed Sallins By-pass Regional Road requires an EIS. The documentation was received by the Board on 1 st December 2008 – with a decision due by 24 th June 2009. The southern end of the By-pass route selected connects with the northern end of the proposed M7 motorway interchange at Osberstown. [There is no decision to date on this Direction].
5.0 PRESCRIBED BODIES & OTHER PUBLIC BODIES
5.1.1 Kildare County Council notified certain prescribed bodies of its intention to apply to An Bord Pleanala for approval for this scheme as follows- • Minister for the Environment, Heritage & Local Government. • Planning Division of DoEH&LG. • National Parks & Wildlife Division of the DoEH&LG. • National Monuments Division of the DoEH&LG. • Heritage Policy and Architectural Protection Division of the DoEH&LG. • Failte Ireland. • An Taisce. • An Comhairle Ealaion. • The Heritage Council. • Kildare County Council. • Naas Town Council.
5.1.2 The comments from prescribed and other bodies, where received by the Board, are summarised below.
5.2 Geological Survey of Ireland
The response of the GSI, received by the Board on 15 th December 2008, can be summarised as follows. The GSI is in the process of identifying important geological and geomorphological sites of national significance throughout the country, as Natural Heritage Areas (NHAs). A second tier of County Geological Sites are also being identified. The approval site is not, at present,
______09.MA0005 / 09.HA0018 An Bord Pleanala 8 identified in either tier. The GSI requests that it be informed of detailed site investigations to allow for recording of fossil or rock samples.
5.3 DoEH&LG – Built & Natural Heritage Section
The response of this Section, received by the Board on 17 th December 2008, can be summarised in bullet point format as follows- • Should the Board approve the development, any archaeological works should be carried out in accordance with Section 14A(2) of the National Monuments (Amendment) Act 2004. • A Project Archaeologist with the National Roads Authority is to oversee the soil disturbance and excavations. • The EIS focuses on archaeological heritage at the expense of architectural and cultural heritage. The EIS relies too heavily on already printed/documentary sources for architectural heritage, in place of ground study of existing structures. • The Sallins By-pass road (to be linked to the northern roundabout on the proposed interchange) may impact on the attendant grounds of Osberstown House – a Protected Structure. • The interchange and its entrance and exit ramps will be elevated – as will the public lighting. It would appear that this fact has not been taken into consideration in relation to the impact of the development on Osberstown House. • If it is known that a new road will be placed in close proximity to the premises as a consequence of the proposed interchange development, it would be expected that some assessment of the possible impact might be offered in the EIS. • A number of photomontages looking in the direction of Osberstown House and from it might indicate the extent and severity of the impact, if any, on the house and its immediate surroundings. • Osberstown House is treated in an isolated fashion – detached from its wider setting in the landscape. The house is not as enclosed to the east by trees as the EIS would suggest. • If approval is granted for this development, the alignment of the Sallins By-pass may be a fait accompli , which might have implications for Osberstown House.
5.4 Dublin Transportation Office
The response of the DTO, received by the Board on 19 th December 2009, can be summarised in bullet point format as follows- • The Regional Planning Guidelines (RPGs) for the Greater Dublin Area state that, except in exceptional circumstances, developments requiring direct access to national roads should not be permitted. The scheme might undermine the function of the M7 – which should be maintained for non-commuting traffic. • The DTO Strategy – Platform for Change – emphasises the importance of walking and cycling in land use patterns.
______09.MA0005 / 09.HA0018 An Bord Pleanala 9 • The IFPLUT for Naas emphasises the importance of the private car as a means of getting to work. This interchange might undermine the future viability of public transport services by giving a competitive advantage to cars over public transport. • It is not clear if the interchange provides sufficiently for pedestrians and cyclists. • The DTO has discussed the public transport proposals with Kildare County Council. It is not clear what impact this development would have on the current ‘park & ride’ facility at Sallins Railway Station. Neither is it clear what development assumptions have been made in relation to the proposed public transport interchange to the west of Sallins. • The RPGs and DTO Guidelines would not support the provision of a full interchange at this location. Were a rail station/strategic ‘park & ride’ facility to be provided, as indicated in the EIS, it is the view of the DTO that accessibility to this could be provided by means of a more limited interchange, that is restricted to providing access between the motorway and the station. • In the event of the rail station being provided, direct access from the Northwest Quadrant for bus, pedestrian and cycle modes should also be provided.
5.5 National Roads Authority
5.5.1 The response of the NRA, received by the Board on 19 th December 2008, can be summarised as follows. Although the NRA has given formal approval for the Motorway Order to proceed, it has not received the notice, EIS and accompanying documentation for the scheme. The NRA is, therefore, unable to provide the Board with comments on the EIS in order to ensure its compliance with correspondence of 30 th October 2008 (copy attached). This correspondence with Kildare County Council stated that the NRA had no objection to the proposed scheme, subject to the following- • The scheme is funded by a private developer and no costs accrue to the NRA. • Appropriate arrangements put in place to ensure that the scheme is completed without delay, and at no expense to the NRA. • All design work to comply with NRA requirements. • Ownership of the land on which the interchange is built and will be located, is transferred to the local authority. • The NRA is indemnified against all legal actions/costs associated with the design/construction of the scheme. • Procurement associated with the project complies with public sector procurement procedures.
5.5.2 Kildare County Council submitted to the Board, on 8 th January 2009, copies of a letter and ‘compliments slip’, in relation to delivery of the M7 Interchange documents to the NRA, at the National Roads Design Office, Maudlins, Naas, Co. Kildare. By letter dated 5 th February 2009, the Board invited the NRA to
______09.MA0005 / 09.HA0018 An Bord Pleanala 10 make a comment on the proposed development for approval, on or before 25 th February 2009. There was no response received from the NRA.
6.0 OBSERVATIONS
Two observations were received by the Board in relation to this proposed development.
6.1 Observation of Martin Boran
6.1.1 The observation of OMAN Consultancy Ltd., agent on behalf of Martin Boran of ‘Siabod’, Osberstown, received by the Board on 9th December 2008, can be summarised in bullet point format as follows- • The scheme as advertised does not explain or indicate, in detail, any other ancillary, necessary and consequential works. One of the consequences of the scheme is a link-up with the Sallins By-pass R407. This By-pass was recently imposed on the Sallins Draft Development Plan. • The proposed interchange does not show any link to the north to join with the newly selected Sallins By-pass route. • The scheme, as advertised, only concerns itself with facilitating the Millennium/Osberstown Business Park which is under development at the present time. • Whilst Osberstown House does get mentioned in the EIS, the observer’s house does not get mentioned. • The Interchange and the Sallins By-pass are inextricably linked. This is obvious from the timing of both schemes. The Sallins By-pass would have taken a different route had the development of Millennium Park not been contemplated. • The Osberstown Interchange on the M7 was promoted by private enterprise and may not have been in the best interests of the public at large. • The Sallins By-pass is a meandering route which was not an examined route. The future of the observer’s house as a family home is seriously and injuriously affected. • There was no mention in the EIS of noise, air, dust, groundwater pollution or impact on security with regard to the observer’s house. The EIS was not sufficiently extensive. There was only a casual reference in the EIS to nearby residences. • The increase in noise from the interchange will negatively impact on the observer’s house. • The issue of vibration impact on the observer’s house was not addressed. • The CO2 emissions generated by this junction will have a negative impact on the observer’s house. • The observer was never contacted by the Council in relation to this development – other than in a general way – whereby comments were invited on the scheme.
______09.MA0005 / 09.HA0018 An Bord Pleanala 11 • The Sallins By-pass route will be part of a major link between the M4 and the M7. There will be major noise, dust, vibration and emissions impact on the observer’s house. • A significant amount of additional traffic will be attracted onto the By- pass route. • Public lighting at the interchange will light up the entire area like a Christmas tree. Part of the interchange and ramp will be visible from the observer’s house. • Noise mitigation measures should have been proposed to protect the amenity of the observer.
6.1.2 The observation is accompanied by annotated copies of an aerial photograph (showing the observer’s house in relation to the proposed development for approval) – one of which is magnified.
6.2 Observation of William Cullen
6.2.1 The observation of William Cullen of Osberstown House, received by the Board on 10 th December 2008, can be summarised in bullet point format as follows- • The interchange will seriously compromise the integrity of Osberstown House and its curtilage, by virtue of the fact that it will facilitate the routing of the Sallins By-pass though the attendant grounds of the house and will also destroy views and vistas from the house to the south and southwest. • The EIS acknowledges the significance of Osberstown House. The house was added to the list of Protected Structures in 2004. • By virtue of its Protected Structure status, the curtilage, attendant grounds and environs are recognised as being significant as the structure itself. • Section 20.3.1 of the Development Plan refers to ‘structure’ including land lying within the curtilage and that protection also extends to any features specified as being within the attendant grounds. • Section 20.4.2 of the Plan states that the county boasts a large number of country houses and demesnes where the grounds and settings constitute an intrinsic element of their character. • The Plan further states that it is an objective to prohibit development in gardens or landscapes which are deemed to be an important part of the setting of a Protected Structure. • Section 20.5.2 of the Plan states that it is an objective of the Council to protect the curtilage of Protected Structures by prohibiting inappropriate development within the curtilage or attendant grounds or its appearance or setting. • The National Inventory of Architectural Heritage considers that a visit to an affected site is essential where works are proposed within the attendant grounds of a Protected Structure. No such visit was ever made to Osberstown House.
______09.MA0005 / 09.HA0018 An Bord Pleanala 12 • No attempt has been made to calculate the impact of the development on views and vistas from the protected structure. The EIS is, therefore, seriously flawed. • Lands to the east of Osberstown House are the subject of a registered burden, comprising a covenant which benefits the position of Osberstown House as a Protected Structure, in recognition of the importance of such lands as attendant grounds. The area consists of approximately 9 acres, and is strictly limited to agricultural use only. The covenant executed, was recorded in a transfer in favour of the observer on 5 th April 1990. This is a registered burden on the land. This point alone prohibits the proposed interchange and its facilitation of the construction of the Sallins By-pass. This covenant can readily be checked by reference to Folios 19078F, 31853F and 19076P of County Kildare. Any attempt to infringe this covenant will be wrongful and will result in legal action and an application to the courts for costs. • It is remiss to rule out upgrading Maudlins and Newhall Interchanges on the basis of financial cost alone. This would allow for the By-pass of Sallins to develop around the existing transport hub of the railway station. It is unacceptable that for €19m, the future of the town should be compromised.
6.2.2 The observation is accompanied by the following- • A3-size OS map extract showing an area to the east and southeast of Osberstown House (outlined in purple) as being ‘Area subject to registered burden’. • Aerial Photograph upon which the Route Corridor Options Preferred Route of the R407 Sallins By-pass are indicated. • Report prepared by David Slattery, Architect & Historic Buildings Consultant (August 2007) on behalf of the owners of Osberstown House in relation to the ‘Public Consultation Constraints and Route Corridor Options Study – R407 Sallins Bypass Scheme’. This report sets out the history of the house and includes a series of maps and photographs to illustrate the historical and current environment in which the house is located. It is stated that the house clearly dates to the middle of the 18 th century – and the Down Survey would indicate a house on the site from as early as 1655. Maps from the 20 th century indicate the significance of the landscape to the east of the house and formal gardens, entrance avenue to the south and west. The curtilage and attendant grounds of the house include the existing ownership (outlined in red) together with lands to the east of the house (outlined in purple) which are subject to a burden on the title of these lands. The National Inventory of Architectural Heritage Guidelines indicate that in certain instances, Protected Structures require a setting which is more extensive than the curtilage. This is the case with Osberstown House. The Red Route option for the Sallins By-pass would have serious implications for the setting and curtilage of the house and would be highly intrusive on views and vistas from the house. The M7 interchange would be elevated and would be highly intrusive. The
______09.MA0005 / 09.HA0018 An Bord Pleanala 13 Constraints Study did not give proper weighting to the importance of the setting of Osberstown House.
7.0 RESPONSE SUBMISSIONS
7.1 Applicant’s Response to Submissions
The response of Kildare County Council, received by the Board on 8 th April 2009, relates to submissions from the DTO, DoEH&LG, GSI, Martin Boran and William Cullen. The submission can be summarised in bullet point format.
7.1.1 General Response • The proposed interchange is a key component in the infrastructure of the expanding town of Naas. It is specifically identified in both the Kildare County Development Plan and the Naas Development Plan. • The interchange is required to comply with a condition of permission for the development of Millennium Park. • The interchange will allow for future connection to the Sallins By-pass – identified in the Sallins Local Area Plan 2009. • The development will provide an important connection between the M7 and the local and regional road network. • The orbital distributor road network for Naas is substantially complete – reassigning local traffic from the national road network to the local road network. • A favourable decision from the Board will not authorise any road development other than that shown on drawings submitted. In particular, it would not authorise the construction of the Sallins By- pass – which would require a separate consent. • The proposed interchange could serve the proposed transport interchange for Sallins – subject to separate planning consent. • The interchange is fully supported by the NRA. The NRA recommended the rotary interchange as opposed to a single bridge/dumb-bell type junction, which it was considered would not have sufficient capacity for the medium- to long-term. An interchange of lesser capacity, as suggested by the DTO, would have the capacity for public transport, but would not have the same considerable overall road network benefits. • The rotary junction has been designed to allow for future road widening of the M7 to three lanes in each direction. • The applicant has attempted to avoid either under-design or over- design of this junction. • The spur to the north is not an essential part of this junction. Rather, it has been included to demonstrate that the design is sufficiently flexible to accommodate, if necessary, future road development. This represents proper forward planning. • An environmental impact assessment is only required for the project or development the subject matter of an application for development
______09.MA0005 / 09.HA0018 An Bord Pleanala 14 consent, and not any related project which may be the subject of a future or proposed application. • It is incorrect of the observers to state that this interchange will determine the line of the Sallins By-pass. The interchange has been designed to facilitate or accommodate a future link, if one should be required. Separate development consent would be required for the Sallins By-pass – whatever route is chosen. It is a non-sequitur to suggest that because a junction has the capacity or potentiality to accommodate a possible future development that the grant of development consent in respect of the first development in some way pre-empts or predetermines possible future development. • Kildare County Council is prepared to accept a condition making it clear that the spur to the north of the rotary interchange be only constructed in the event that separate development consent is granted in respect of the By-pass, or other road development, which involves connecting into the interchange.
7.1.2 Response to DTO Submission • The strategy for the Hinterland Area in the Regional Planning Guidelines is to channel development into a number of self-sufficient growth towns, such as Naas. There is an aim to reduce the imbalance between residential and employment uses in order to reduce long- distance commuting to work. Good connections to road and rail services will be required to realise the population growth forecasts for Naas – 25,000-40,000 from a 2006 population of 20,044. The proposed interchange will improve connectivity with the metropolitan area – particularly at peak times when there is congestion at the Maudlins and Newhall Interchanges. • The Naas Integrated Framework Plan for Land Use and Transportation has proposed that the majority of growth in Naas will be focussed in the northwest quadrant – with associated requirement for connectivity to the rail station at Sallins. The interchange has been designed so that it could facilitate a future connection to the Sallins By-pass – thereby connecting the northwest quadrant with the railway line and proposed multi-modal transport interchange at Sallins, as well as the orbital connection of Naas to the M7 and the M4 via a proposed Sallins By- pass (R407). • The proposed development is not a direct access onto the national road network. Rather it is a link element in the national road network itself, which would prevent direct access. • The NRA Design Manual for Roads and Bridges recommends that motorway junctions be at least 2km apart. The proposed location satisfies this criterion. • There are no motorway safety concerns in relation to the design of this interchange. • Whilst the interchange may facilitate commuter traffic to Dublin, it also has a number of other functions outlined elsewhere in this response. There are local road benefits to the proposed scheme. The development will support improvements is walking, cycling and public
______09.MA0005 / 09.HA0018 An Bord Pleanala 15 transport. The interchange has been designed with bus priority through the junction ‘gyratory’ and on its approach road links. • The existing Sallins railway station is particularly constrained in terms of accessibility from the regional road network and provision for parking and bus interchange facilities. The Sallins Local Area Plan transport planning objective for the new public transport interchange, focused around a new railway station, is therefore intended to fulfil a more strategic regional transport function. This will include a key missing ‘strategic park & ride’ facility which will transfer car trips from the M7 corridor onto commuter and inter-urban rail services. It is intended that the new station will operate in parallel with the old station. • The DTO recommends a more limited form of junction – a ‘half- diamond’ – presumably allowing for access to and from the south-west only. Such an approach does not take into account the strategic nature of the proposed interchange. The half-diamond suggestion would not deal with peak time congestion at Newhall Interchange in particular. Nor would the half-diamond allow for relief of traffic on the Monread Road – whereby M7 traffic for Sallins must use this local road. A half- diamond would not allow sufficient flexibility for future connection to the R407 Sallins By-pass. • The planned development expansion of Naas lends itself to the need for three motorway interchanges. Dundalk has three motorway interchanges on the M1.
7.1.3 Response to Martin Boran Submission • Section 4.3 of the EIS describes each of the components of the proposed scheme. • Sensitive receptors were identified in the EIS – which determined that the observer’s house would not be impacted by the proposed development. • The decision of the Board in this instance will not authorise the construction of the Sallins By-pass. • This interchange is identified in both the Kildare County Development Plan and the Naas Town Development Plan. While the provision of the interchange is specifically required by way of condition attached to a planning permission for industrial and warehousing development of lands at Millennium Park, it will be fully funded by the private sector. It will also facilitate wider regional road and transport planning for Naas and environs. • The impact of the development on Osberstown House has been assessed in the EIS. Existing trees around Osberstown House, even in winter, will provide sufficient screening. This was borne out by a site visit in March 2009. Photomontages are attached to this response submission. • The Sallins By-pass traffic scenario was included in the traffic impact assessment because it is a requirement to predict future traffic demand in order to test the robustness of the design. Given that the forecast year is the fifteenth year, it is appropriate to address the contingency of a By-pass for Sallins having been constructed by then. Consideration ______09.MA0005 / 09.HA0018 An Bord Pleanala 16 of this scenario does not, of course, in any way pre-empt or predetermine the location of any future By-pass for Sallins. • All lighting schemes will be designed to minimise unnecessary escape of light. The M7 is located only 385m from the observer’s house. The proposed interchange is located 650m from his house. The existing traffic on the M7 already gives rise to light impact from moving traffic. • Part of the interchange and ramp will be visible from the observer’s house. Proposed landscaping will help to soften its impact. • It is factually incorrect to state that the spur road encroaches on the observer’s property. • Noise was measured at ten locations. Comparable locations for the observer’s house (R01 & R02) indicate that there will be no significant impact. • With regard to air quality, measurements were taken for properties within 200m of the proposed interchange. The observer’s dwelling is 650m from the interchange and there will be no negative impact in relation to air quality. The EIS did not identify any locations where noise mitigation would be required. • Mitigation measures in relation to CO2 for roads schemes are dealt with by way of Government policy as set out in the National Climate Change Strategy and the National Programme for Ireland for the Progressive Reduction of National Emissions of Transboundary Air Pollutants by 2010.
7.1.4 Response to DoEH&LG Submission • The NRA project archaeologist has been involved in the EIS process to date. • Incorrect reference was made to planning legislation and regulations in section 8.2 of the EIS. The incorrect terminology for Osberstown House as a ‘listed building’ was used instead of the term ‘Protected Structure’. A detailed report has been prepared by a conservation architect, which is included by way of Appendices E, F & G to this response submission. • The development proposed does not involve the construction of any Regional Road – such as the Sallins By-pass. • Although an indicative route for the Sallins By-pass has been identified in the Local Area Plan, that route or alignment may not be the one which is ultimately put forward for development consent. • Future traffic volumes coming onto the interchange in the event that the Sallins By-pass was connected to the interchange was examined in the EIS in order to assess the environmental impact. • The assessment of architectural heritage was not limited to Protected Structures only. All architectural reference sources were listed in the EIS. • The paper survey carried out identified all structures of any architectural significance. The overpass bridge on the M7 was constructed approximately 20 years ago. • Osberstown House was the only structure of any architectural significance identified in the EIS.
______09.MA0005 / 09.HA0018 An Bord Pleanala 17 • Osberstown House is oriented east/west and has limited views of the site of the interchange. There is a modest functional over-pass already in existence at this location. Landscape planting will mitigate the impact of the interchange somewhat on its surroundings. A landscaping drawing is included at Appendix E of this submission. • The impact of the development on the setting of Osberstown House is addressed in chapter 8 of the EIS. • A number of photomontages looking inwards and outwards at Osberstown House have been included with this response submission.
7.1.5 Response to William Cullen Submission • This submission was similar to that of the DoEH&LG. • It is inaccurate to suggest that the upgrading of the Maudlins and Newhall Interchanges was dismissed on cost grounds alone. Upgrading at Newhall, in particular, is constrained. Lack of capacity at the interface between the M7 and regional/local roads will be addressed by the new interchange. • Details of landscaping proposals are outlined in section 9.6.1 of the EIS. • Guidelines issued by the National Inventory of Architectural Heritage are intended for persons carrying out an architectural inventory and are not applicable in this particular context. A detailed internal and external inspection of Osberstown House was not required. In response to the submission from the owner of the house, a visit was arranged by various specialists – including a conservation architect. The results of this visit are attached at appendices E-G. • Any vistas from Osberstown House are oriented east/west and are not impacted by the proposed development. There are glimpsed views of the proposed interchange from one location within the grounds of the house – at the walled fruit & vegetable garden. • The proposed development does not involve any buildings – but rather a low hill which will be densely planted and therefore to a large extent will present as a wooded copse. • The impact on Osberstown Stream has been examined from a cultural heritage perspective. A pre-disturbance bank-side inspection and wade survey is recommended. This will be undertaken by a suitably qualified underwater archaeologist. Chapter 15 of the EIS addressed the issues of surface water and drainage – including the Osberstown Stream. • Traffic noise in the area will not increase significantly with the development of the interchange. • Vibration will not be a significant issue where road surfaces are properly paved. Osberstown House is 290m from the interchange. • It should be noted that the level of protection offered to cultural sites by way of legislation does not preclude development in their vicinity or even their removal. • Chapter 8 of the EIS addresses the significance of Osberstown House in terms its architectural importance.
______09.MA0005 / 09.HA0018 An Bord Pleanala 18 • The lands to the east of Osberstown House which are the subject of a registered burden are in no way affected or impacted by the proposed development. None of the lands in the ownership of the observer are included in the Motorway Order submitted to the Board. • Any lands required for the construction of the Sallins By-pass will have to be the subject of a separate Compulsory Purchase Order and EIA. Furthermore, from a legal perspective, any future compulsory purchase of the lands to which the observer refers would have the effect of extinguishing any restrictive covenants running with the said lands. • The Report submitted by the observer entitled ‘Public Consultation Constraints and Route Corridor Options Study, R407 Sallins By-pass Scheme, Observations on the Potential Impact of the Proposed Sallins By-pass on Osberstown House’ was submitted to Kildare County Council for the sole purpose of expressing dissatisfaction with the way the consultation phase in relation to the Route Corridor Option Study for the proposed Sallins By-pass was handled. The bulk of the text does not relate to the proposed M7 interchange. • The curtilage of Osberstown House is not as extensive as claimed by the observer. The conservation architect for the applicant indicates what he thinks to be the curtilage within maps attached to this submission. The concept of ‘attendant lands’ is independent of ownership. There must be a relationship of use or design between the Protected Structure and the lands in question. As there is no axial relationship, or access directly from the east garden, it cannot be accepted that the purple coloured field should be regarded as attendant lands. Ownership of itself does not imply that lands are attendant. • There are no views to or from Osberstown House set down in the Kildare County Development Plan. • The views from the house itself are not impacted by the proposed development. The nocturnal impact of the development will be slightly greater, and mitigation measures will be put in place to limit light spillage. • For planning purposes, the key concept in relation to Protected Structures is the curtilage. The impact on the attendant lands has also been examined in this case. Whilst the existing rural setting of Osberstown House is attractive, there is no axial or other spatial relationship outside of the attendant [sic] lands. • The wider area around Osberstown House curtilage has not been designated a Landscape Conservation Area. The character of the area has nowhere been defined as being worthy of protection. The building is not a focus within the landscape. Any attempt to assess the impact of the Sallins By-pass is meaningless in the absence of any alignment or design drawings for the road. • The approach to Osberstown House is from the northwest [sic]. If the interchange is visible from any point on the access drive, it will be as a distant tree-covered mound.
______09.MA0005 / 09.HA0018 An Bord Pleanala 19 7.1.6 Response to GSI Submission • All existing and future site exploratory logs will be forwarded to the GSI prior to construction of the interchange. • No extensive excavations are proposed. Bedrock lies between 5-10m below ground level.
7.1.7 Appendices The submission is accompanied by the following appendices- • Copy of letter dated 13 th February 2003, from the NRA to the National Roads Design Office in Kildare, in relation to proposed interchange for Millennium Park – stating preference for rotary interchange. • Copy of letter dated 30 th October 2008 from the NRA to the National Roads Design Office in Kildare in relation to M7 Osberstown Interchange – stating that the NRA has no objection subject to certain stipulations being met. • Copies of three legal judgements from the High Court and European Court of Justice in relation to the scope of EIA. • Annotated aerial photograph showing separation distances from the proposed interchange and the houses of the observers – 650m and 290m respectively. • Landscaping Plan for the interchange. • Two sets of colour photographs showing existing and proposed (10 years post-completion) situation at Osberstown House. • Architectural Heritage Impact Assessment for Osberstown House including maps, Development Plan maps and coloured photographs. This assessment indicates the author’s estimation of the curtilage of Osberstown House.
7.2 First Observer Response to Applicant’s Response
The response of OMAN Consultancy Ltd., agent on behalf of Martin Boran, received by the Board on 29 th April 2009, can be summarised in bullet point format as follows- • The Sallins By-pass will naturally follow and join up to the proposed Osberstown Interchange, as both are inextricably linked. • The applicant’s response is dismissive of the observer’s concerns, even though part of the interchange is visible from the observer’s property. There will be increased noise generated by increased volumes of traffic. • An attempt is made to divorce the interchange from the Sallins By-pass spur. This will be the only place on the Naas By-pass that the Sallins By-pass will be allowed to connect to. • Reduction in traffic volumes at the Maudlins and Newhall Interchanges may not result from this development. The economic downturn has reduced volumes of traffic considerably – as there is now no traffic queuing at peak periods. This scheme is privately driven and will mainly accommodate traffic to the Millennium Park. • Consideration was given by the applicant to traffic from a possible future connection to the Sallins By-pass.
______09.MA0005 / 09.HA0018 An Bord Pleanala 20 • The interchange will relieve traffic congestion in Sallins when the By- pass is built – but at the expense of the observer’s family. • Lighting of the interchange will have an impact on the observer’s property. Mitigation measures must be proposed, as the northbound ramp is gradually elevated from field level to interchange level along an elevated portion of the M7. • The observer requests that monitoring for noise, dust and air quality should be carried out at his house before commencement of development and after any proposal is sanctioned. • There appears to be undue haste with regard to this project, which stems from the privately financed situation, which brings the integrity of the situation into question.
7.3 Second Observer Response to Applicant’s Response
7.3.1 The response of Bill Cullen, received by the Board on 30 th April 2009, can be summarised in bullet point format as follows- • The EIS clearly states that an upgrade of the Newhall and Maudlins Interchanges would be required even with this new interchange at Osberstown. • The location of this interchange has been chosen by the developer to maximise financial return, rather than the optimum location to meet the infrastructural requirements of the local roads network. • This interchange is not sustainable without a Sallins By-pass connection. The inter-relationship between the interchange and the By-pass needs to be examined properly. • The construction of this interchange will generate additional traffic at the Sallins Road R407/Monread Road/Western Distributor Road roundabout, which is under-sized and congested. • Upgrading of the entire road network will be required to cope with the projected traffic from the Millennium Park development. The construction of a single oversized interchange will not solve the problem. The interchange will not improve access to Millennium Park from either Naas or Sallins. • The traffic analysis overemphasises modest traffic reductions and the purported benefits of the interchange. • The NRA suggested that a rotary interchange be considered – it did not stipulate that only a rotary interchange be considered: nor was the location of the interchange stipulated by the NRA. • The interchange will be in the wrong location for access to Sallins railway station. The viability of a second station must be questioned – even to serve an expanded population. Improvements to the rail network render the provision of a new Park & Ride facility questionable. • The content and nature of the Arup Report in relation to Osberstown House (presented at appendices G & F of the applicant’s response submission) are misleading. The two photomontages show no spur. They are further described as being ’10 years post completion’. The photographs have been chosen deliberately to understate the impact of
______09.MA0005 / 09.HA0018 An Bord Pleanala 21 the interchange which will run approximately 65m from the property. Similar photographs, taken on behalf of the observer, show the true impact of the development on Osberstown House. The magnitude of the interchange will impinge on the integrity of the Protected Structure. • No representation of nocturnal visual impact of the proposed development has been included by the applicant. • A cumulative impact of the interchange and the By-pass must be considered in relation to impact on the Protected Structure. Whilst the Board is not obliged to consider the impact of the Sallins By-pass, it is considered that not to do so would be ignoring the heritage and the Protected Structure status of Osberstown House. The acknowledgement that ‘a proper assessment of any future By-pass cannot be carried out until the detail of the proposed route or alignment is known’ is a further example that the Council could not have fully considered the impact on the Protected Structure. • The Arup website shows a Naas and Sallins Public Transport Interchange and Park & Ride facility with a connection through the Sallins By-pass to a new train station – this despite the fact that it is asking the Board to consider the interchange in isolation.
7.3.2 The response is accompanied by a series of appendices as follows-
A. Extract from Northwest Quadrant Masterplan 2007 – showing land ownership. B. Extract from Northwest Quadrant Masterplan 2007 – showing building heights (up to 10 storeys closest to the motorway). C. Report from RFC Engineering, dated 29 th April 2009. The report can be summarised as follows- • There are several locations between Maudlins and Newhall which could accommodate a new interchange. Alternative sites have not been properly considered. The upgrading of the Sallins R407 overbridge would fulfil the objectives of the Transportation Study and would provide a direct link to the Sallins railway station from the M7. Another alternative location would be immediately to the southwest of the M7 bridge over the Naas & Corbally Branch of the Grand Canal. • The interchange does not achieve the objective of securing a connection between the M7 and Sallins railway station. • Due to the limited distance between Newhall and Maudlins, it is only possible to facilitate one new interchange. This has the effect of dictating the connection to the Sallins By-pass. While the new interchange may not directly influence the overall route of the Sallins By-pass, it will fix the location of the By- pass connection to the M7. • Between the EIS and the response submission from the applicant, it is noted that references to the Sallins By-pass have been changed from ‘will’ and ‘proposed’ to ‘potentiality’ and ‘possible’. The applicant is now trying to put forward the proposal for a stand-alone interchange.
______09.MA0005 / 09.HA0018 An Bord Pleanala 22 • The application in its current form is premature because a number of other critical elements in the transport infrastructure of the area have note been decided upon. • Arup has admitted that it cannot verify if the base 2002 IFPLUT figures relate to vehicles or PCUs. The 2002 model figures were validated from live traffic counts carried out on a single day in November 2006. Traffic can vary considerably from week to week. Counts carried out on consecutive weeks would have provided a more accurate base count. • There are long delays and congestion at the Sallins Road R407 roundabout at peak times. The new interchange will not provide any improvement to this roundabout – and it will need to be upgraded, with or without the interchange at Osberstown. • Figures quoted in the traffic modelling are unreliable. Table 5.1 shows traffic volumes on the existing Sallins Road R407 reducing from 27,600 to zero in the event that the Sallins By- pass is constructed – clearly incorrect. The Sallins By-pass is expected to take 15,200 vehicles per day, whilst 27,600 vehicles will be removed from the Sallins Road – figures which do not add up. • A Naas Traffic Management Plan was carried out by MVA Consultancy in conjunction with DBFL Consulting Engineers. This report was never made available. It is not referred to in the EIS. It could contain independent data to verify or disprove the assumptions of the traffic modelling in the EIS. • The Maudlins Interchange was visited during AM peak hours in April 2009, and no congestion was evident. It is accepted that Newhall is already congested. No timeline is given for likely future need for upgrades of Newhall and Maudlins. If the upgrades are necessary within 1-2 years, then the need for the proposed new interchange at Osberstown is questionable. D. Extract from Northwest Quadrant Masterplan 2007 – Naas IFPLUT – Preferred Framework Plan Diagram. E. Letter to Kildare National Roads Design Office from Glencullen Developments (on behalf of Bill Cullen) – dated 29 th April 2009. The letter expressed dissatisfaction in relation to the consultation phase of the Osberstown Interchange application – with particular reference to a meeting of 9 th February 2009. F. Two colour photographs taken on attendant grounds of Osberstown House on 23 rd April 2009. G. Two colour photographs taken c.65m from the M4 Celbridge Interchange. H. Extract from the website of Arup showing a proposed Public Transport Interchange and Strategic Park & Ride for Naas.
7.4 DTO Response to Applicant’s Response
The response of the DTO, received by the Board on 30 th April 2009, can be summarised in bullet point format as follows-
______09.MA0005 / 09.HA0018 An Bord Pleanala 23 • New accesses onto national roads should be avoided in order to preserve the level of service of these roads. Whilst it may not constitute direct access in the literal sense, the interchange would facilitate access for adjacent development directly onto the M7. The purpose of this interchange is to facilitate access to zoned lands. • Naas and its environs are currently served by four (sic) grade separated interchanges on the N7/M7 (junctions 8-10), over a distance of c.8km – one of which has recently been provided as part of the N7 road widening. The completion of the Kildare Route Project will see a marked improvement in rail services to the area. It is difficult to see how a fourth interchange within this local area could be justified. • The future growth of Naas should not be based on unconstrained growth in car travel. Public transport, walking and cycling should play an increasing role in the Naas area. • The DTO is not concerned with the safety of the interchange design – rather with maintaining the M7 for non-commuting traffic. • Public transport needs to perform a more dominant role for the projected increased demand associated with further population and employment growth. If a link is to be provided between the proposed rail station at Sallins and Naas, it should primarily confer an advantage on sustainable modes. • The design of the interchange has not adequately considered the needs of pedestrians and cyclists and will result in a hostile environment for these modes. There is no evident provision for cycle movement across the bridges. Free-flow slip lanes are designed to cater for high volumes of vehicular traffic – thereby undermining the attractiveness of cycling or walking. In addition, two-lane entry/exit priority junctions are inherently not cycle or pedestrian friendly. • Whilst it does not form part of the scheme, the proposed development has not dealt with the implications for the existing Sallins railway station and Park & Ride facility – particularly with regard to the proposal to provide another railway station a short distance to the west. • Significant development has been permitted in the vicinity of the Newhall and Maudlins interchanges – development which may be contributing to congestion experienced during peak hours. The concentration of retail developments along the Monread Road has also contributed to increased traffic on this local distributor road. The DTO was opposed to the development of the retail park on Monread Road, arising from its proximity to the Maudlins Interchange. • The DTO welcomes the commitment of the Council to public transport proposals for the Northwest Quadrant, including the high quality public transport corridor. The provision of unconstrained car access between the M7 and the Northwest Quadrant will run counter to objectives set out in the Naas IFPLUT. • A more limited interchange at this location would be preferable – one which favours public transport over the private car – such as a half- diamond.
______09.MA0005 / 09.HA0018 An Bord Pleanala 24 7.5 GSI Response to Applicant’s Response
None received.
7.6 DoEH&LG Response to Applicant’s Response
None received.
7.7 NRA Response to Applicant’s Response
None received.
8.0 ASSESSMENT
8.1 Community Need
The proposed interchange has been designed, inter alia , to facilitate a future access to a potential by-pass for Sallins – the spur to the north. Traffic assessment has factored in the possibility of such a connection in the future as part of the consideration of the design of the rotary interchange. This is an example of positive planning for the future – given the cost and disruption of retro-fitting road schemes. The proposed development in no way grants any development consent for the Sallins By-pass, and nor does it establish the line or design of such a By-pass. The design of such a By-pass, should it ever proceed, would be a matter for separate development consent. The proposed rotary interchange can be developed in the absence of the Sallins By-pass – being in no way dependent upon the construction of that road. The Sallins By- pass, the line of which is indicated in the current Local Area Plan for Sallins, could not be effectively constructed without the Osberstown Interchange, however. An interchange (such as the one proposed at Osberstown) could form part of any application for planning consent for a Sallins By-pass – in the event that approval for the interchange was not granted by the Board.
8.2 Suitability of the Site
8.2.1 General Comment on Site Location The site is located at a point where there is an existing agricultural accommodation bridge across the M7. The accommodation bridge will be retained during the construction work on the interchange – to facilitate easy access across the M7 – thereby reducing the level of interruption to traffic flows on the M7. It is located approximately 3.0km from the Maudlins Interchange on the M7/N7 and approximately 2.5km from the Newhall Interchange on the M7. Both of these junctions serve the town of Naas – with the latter serving Newbridge also. The site is located at the interface of a bend and a straight stretch on the motorway. There are no objections from the NRA to the proposal on traffic safety grounds – or indeed any other grounds.
8.2.2 Consideration of Alternatives – Existing Interchanges Section 3 of the EIS deals with the issue of alternatives considered. The scheme is stated to be necessary to relieve congestion at the Maudlins and
______09.MA0005 / 09.HA0018 An Bord Pleanala 25 Newhall Interchanges on the M7/N7. The second observer states that there was no peak AM congestion at Maudlins Interchange on a number of mornings in April 2009. However, this can only be regarded as anecdotal evidence, not backed up by any traffic counts or figures. The principle alternative considered was the upgrading of the two existing interchanges at Maudlins and Newhall – layouts of which are indicated at Appendix B of the EIS. Local traffic modelling indicated volumes of traffic which the interchanges would be expected to cope with over the ensuing five years. Two options to upgrade the capacity of each of these two interchanges were examined – illustrated in figures 3.1-3.4 of the EIS. All options would involve significant enlargement of the interchanges, traffic disruption (closure of links) during construction and considerable cost the National Roads Authority. Section 3.3.1.3 estimated the cost at €19 million. The proposed interchange at Osberstown will be entirely funded by the private sector – to comply with a condition of the planning permission to develop Millennium Park.
8.2.3 Consideration of Alternatives – Alternative Site on M7 Other alternatives examined were the relocation of the proposed interchange to the northeast or to the southwest. Relocation to the northeast is constrained by the presence of the M7 embankment and bridging over the Naas & Corbally Branch of the Grand Canal and the embankment and bridging for the Western Distributor Road over the same canal. To the southwest, it is stated that movement is constrained by the location of the Osberstown Sewage Treatment Works and residential property. In the former case, the constraints are immediately apparent. However, in the latter case, the applicant has not clearly indicated just what the constraints are. Notwithstanding this, the proposed location is roughly equidistant between the Maudlins and Newhall Interchanges – 3.0km and 2.5km respectively. Any significant relocation to the southwest would increase the imbalance in the proposed separation between the interchanges. It is stated at section 3.3.2.1 of the EIS that the existing M7 overbridges carrying the R407 and R409 were considered, but were discounted because of their proximity to either the Maudlins or Newhall Interchanges.
8.2.4 Consideration of Alternatives – Design of Interchange Alternative junction layouts were considered, such as compact interchange with an underpass; diamond interchange with single over-bridge with connecting roundabouts (dumb-bell); and a diamond interchange with two over-bridges forming a connecting rotary. The third of these was the preferred option because it had the greatest capacity. The DTO in its submissions suggested a half-diamond interchange. It was not made clear just which two ramps it was envisaged would be omitted. The half-diamond, it was suggested, would be for public transport vehicles, bicycles and pedestrians only. The response of Kildare County Council to this suggested alternative was discounted on the grounds that it would not remove congestion at the Maudlins and Newhall Interchanges, would not facilitate connection between the national road network and regional/local road network, would not facilitate a possible future connection to the Sallins By-pass and would not relieve congestion on local roads – particularly the Monread Road. It should be noted that the rotary interchange is the one favoured by the NRA.
______09.MA0005 / 09.HA0018 An Bord Pleanala 26
8.3 Compatibility with National Guidance and Development Plan Provisions
8.3.1 National & Regional Guidance Naas and the nearby towns of Newbridge and Kilcullen are designated as Primary Development Centres in the National Spatial Strategy 2002-2020. Naas is identified as a strong town within the hinterland of Dublin. Self- sustaining growth is promoted in order to reduce dependence on Dublin and commuting to the metropolitan area. The Regional Planning Guidelines for the Greater Dublin Area 2004-2016 identify Naas as a ‘Large Growth Town 1’ category settlement. It forms part of a dynamic cluster with Newbridge and Kilcullen. The population horizon for such towns is 25,000-40,000 by the year 2016. The proposed development will facilitate the future growth of the town of Naas in a planned fashion. The DTO Strategy 2000-2016 provides a transport planning framework for Dublin. The strategy aims to maximise access to public transport. Works which might affect the proposed development, such as the upgrading of the rail line from Dublin to Sallins, including electrification, are under way. The DTO argues that the proposed development will give an advantage to the private car, as opposed to public transport, by making vehicular access to and from the M7 easier for motorists. The suggestion that the interchange be retained for public transport and pedestrian/cycle links only does not make economic sense. If this proposal were to be accepted, there might be no need for the interchange at all – the existing accommodation bridge with some slip roads could be sufficient for the purpose of connecting Naas and the M7 with a mooted new transport interchange for Sallins. As it is, the proposed rotary interchange will be capable of prioritising bus traffic and will provide for pedestrian and cycle linkages. The proposed development, of itself, will not have a direct impact on the DTO Strategy. It will serve to relieve congestion at the Maudlins and Newhall interchanges and will facilitate ease of transfer from the national to the regional/local road network. The proposed interchange will certainly result in a reduction of traffic flows on the Monread Road – for connection between the M7 and the Sallins Road R407.
8.3.2 Naas Integrated Framework Plan for Land Use and Transportation 2003 The IFPLUT was jointly prepared by Naas Town Council and Kildare County Council for the town of Naas. The Plan sets down the principles for guiding future development within the selected ‘Scenario’ – the Northwest Sector. The Plan identified, in thematic format, a link from Sallins railway station through Millennium Park to the town centre of Naas (page 8). A new link road from the Sallins Road (R407) to the Newbridge Road (R445) is indicated. This link is now complete. The IFPLUT does not specifically refer to a new interchange on the M7 at Osberstown.
8.3.3 Naas Development Plan 2005-2011 The location of this interchange is identified in the Naas Town Council Development Plan. Specific Objective M25 clearly states ‘to provide a new interchange on the M7 at Millennium Park serving the northwest quadrant of Naas and the adjacent industrially zoned lands, and provide a distributor road from the Newbridge Road to the Sallins Road’. The second half of this
______09.MA0005 / 09.HA0018 An Bord Pleanala 27 objective has been achieved, and the distributor road is in place. The proposed interchange will be connected to this Western Distributor Road by a 200m length of carriageway. This 200m length of road is indicated as a roads objective in the Plan. A roundabout on the Western Distributor Road has an existing arm (currently blocked) which would connect with this new link road. The proposed development could result in the realisation of Objective M25c of the Plan, which states that the Planning Authority will examine and assess the possibility/potential to provide a link from the proposed Sallins By-pass to connect with the existing road network in Naas. It should be noted that at the time that this objective was conceived there was no fixed line decided for the Sallins By-pass. The Naas Plan makes reference to a strategic transport corridor linking Sallins railway station south to Osberstown Millennium Business Park and linking to Naas town centre and other residential neighbourhoods with a ‘loop’ service. The proposed interchange could provide a link within such a corridor. But equally the link could be conceived on an entirely different route. There is no diagrammatic indication of this objective on the Land Use Zoning map. However, Figure Three (an extract from the Naas IFPLUT) is reproduced at page 12 of the Naas Plan – which does indicate a thematic sketch of broad-brush framework for the development of the town. A copy is included with this report. The link is indicated as a ‘Public Transport Corridor’.
8.3.4 Naas Northwest Quadrant Masterplan 2007 Section 7.2.3 of the Naas Plan stated that a Masterplan for the Northwest Quadrant would be required to guide future development in this area. The Masterplan covers an area of 247ha to the south of the M7. The Masterplan sets out a blueprint for development of 8,000 residential units and 12,000 new employment opportunities. The proposed interchange would facilitate and service such a large-scale development. Figure 6.10 of this document clearly shows a Strategic Public Transport Route which includes a crossing of the M7 at this location. The route is shown continued by an arrow to the north of the Naas town boundary – not actually showing the completed link to Sallins railway station. A copy of this map is included with this inspector’s report.
8.3.5 Kildare County Development Plan 2005-2011 Whilst the site is not located within the administrative area of Kildare County Council, the proposed development is located sufficiently close to the town boundary to have an impact on the County area. Objective NR 9 refers to investigation of potential for appropriate development at interchanges throughout the county – amongst which is Millennium Park. Objective RP 5 states – To facilitate provision of an additional interchange along the N7 Naas By-pass to provide access to the Millennium Park. This is what is proposed in the current development – to provide access to Millennium Park. The objective makes no reference to any link with a Sallins By-pass – the line of which had not been decided at that time.
8.3.6 Sallins Local Area Plan 2009 This Plan has been adopted since this application was lodged with the Board. Objective TR 4 (iv) states – ‘To seek the construction of a new road from the Clane Road to the Naas Road (Sallins By Pass)’. Objective PT 5 states – ‘To
______09.MA0005 / 09.HA0018 An Bord Pleanala 28 cooperate with and support, public transport agencies and private stakeholders in developing a Public Transport Interchange, including the expansion of bus and train station facilities on lands adjacent to the Sallins Bypass route’. The location of such a facility is not indicated within the Plan. The line of the by- pass route is indicated on maps – and connects with the proposed M7 interchange at Osberstown. The selection of this particular route was made after extensive examination of alternatives and consultation with interested parties. Reference is made to this Local Area Plan only because it has been claimed by observers that a grant of permission for the proposed interchange would in some way result in the determination of the line of the Sallins By- pass. This line has now been determined – in the absence of any permission for the proposed motorway interchange at Osberstown.
8.4 The Need for All the Lands
8.4.1 The site extends across the M7 motorway and incorporates lands on both sides of the road – the stated area being 6.692ha. All lands are in the ownership of either Kildare County Council or Osberstown Developments Ltd. There is no objection from Osberstown Developments Ltd. The site incorporates, as far as is possible, lands within the fenceline boundary of the motorway. Additional lands are necessary in order to construct the necessary embankments to support the road infrastructure for a grade-separated rotary interchange. There is no objection to the proposed development from the affected landowner. Whilst the scheme is being proposed by Kildare County Council, it will be the landowner or associated development company which will be paying for the development.
8.4.2 A temporary site compound is to be constructed in the southwest quadrant of the interchange – identified at Figure 4.1 of the EIS. This site compound is located within lands owned by Osberstown Developments Ltd. There is no objection to this temporary site compound location.
8.4.3 The proposed development will fulfil the requirements of condition 16 of permission ref. 99/500154, attached to the grant of permission for the development of industrial and warehousing uses on a 110ha site at Millennium Park (to the south of the M7). A number of office buildings and roads have already been constructed as part of this permission.
8.5 Environmental Impact Statement
An EIS has been submitted with this application to the Board. A Non- technical summary is included. The EIS deals comprehensively with issues relating to possible impacts on the environment and any mitigation measures which may be required. The EIS is accompanied by a number of appendices dealing with traffic modelling, transportation, archaeology/cultural heritage, landscape/visual, noise/vibration, air quality and flora/fauna. As indicated in the sub-section above, the EIS also contains details of the alternatives considered. I would be satisfied that the EIS broadly complies with the requirements of Section 50 of the Roads Act 1993 as amended by Article
______09.MA0005 / 09.HA0018 An Bord Pleanala 29 14(6) of the European Communities (Environmental Impact Assessment) (Amendment) Regulations, 1999.
8.5.1 Transportation & Traffic Section 5 of the EIS deals with the issue of transportation. The nature of the proposed development dictates that the most significant impact of the development will be on traffic in the area. Elsewhere in this report, the relationship between the proposed development and the Sallins By-pass has been commented upon. A traffic model from 2003 (based on an AM peak hour traffic study of Naas in 2002 for IFPLUT) was updated to 2006; forecasts were prepared for the opening year of 2010, and the design year – fifteen years later in 2025. The modelled area included the M7 between Maudlins and Newhall Interchanges, north to Sallins and south to the Naas town boundary. A series of link counts, junction counts, roadside interview surveys, and automated traffic counts were undertaken in November 2006. Journey times were measures during the AM peak on six routes on 14 th & 15 th March 2007. The model was adapted to take account of road improvements carried out between 2002 and 2006. DTO survey figures were used to derive growth factors to uplift the 2002 IFPLUT model. Traffic figures arising from a possible future connection to the Sallins By-pass were factored into the modelling – even though the line of the By-pass had not been agreed at the time the application was submitted to the Board for approval. The rotary interchange has four merge/diverge lanes with auxiliary lanes. The scheme has been designed to operate within capacity on all approaches for both 2010 and 2025. Both the Maudlins and Newhall Interchanges are stated to experience congestion at peak times. The DTO argues that this congestion may have been caused by the granting of planning permission for significant developments in the immediate vicinity of these interchanges, and that traffic congestion on the Monread Road had been increased by the construction of retail developments on this local distributor road. This may or may not be the case – but is in any case not strictly relevant to the current application. The new interchange is likely to remove some Naas-generated orbital traffic from the M7. The EIS states that public transport infrastructure in Naas is limited. Iarnród Eireann runs free bus service from Naas town centre to Sallins railway station with a good AM peak service but with a poor PM peak service. There is a ‘Rapid Town Link’ between Naas, Clane and Kill. Bus Eireann services link Naas with the principal surrounding towns. Development plans for the area refer to the need to improve public transport connectivity in the area. The interchange has been designed to cater for bus lanes, if required.
The Northwest Quadrant has been identified for future expansion of Naas and lands zoned accordingly. AADT was estimated for 2010 and 2025 for a total of 35 road links within and around the town – with and without the proposed interchange at Osberstown. A comparison with and without the Sallins By- pass connection to the Osberstown Interchange is presented within the EIS, in order to illustrate the benefits of direct R407 connection to the M7. These are particularly notable for the Monread Road and the Western Distributor Road. Traffic volumes on the M7 are estimated to continue to increase in accordance with forecasted NRA growth factors. The current economic downturn must, however, cast some doubt on such growth forecasts. The interchange will
______09.MA0005 / 09.HA0018 An Bord Pleanala 30 result in modest increase in traffic on the M7 mainline in both directions. This would be expected – in that the interchange will offer M7 regional bound traffic a more direct route to the R407 and the Northwest Quadrant and in turn offer the residents of the north of Naas and Sallins a more direct access to the M7 where they would otherwise have to access the M7 at Maudlins or Newhall Interchanges. It is estimated that the Osberstown Interchange will have a significant beneficial impact on Newhall Interchange, through displacement of some of the traffic to the former from the latter. The Osberstown Interchange will have a positive impact on the performance of the Maudlins Interchange. The development of itself will not generate additional traffic. It will however, result in the reassignment of traffic in the vicinity from national to regional and local roads and vice versa – with significant reduction in traffic volumes likely to result on the Monread Road and parts of the Western Distributor Road – arising from more direct connection routes between the M7 and the R407 Sallins Road (even in the absence of any Sallins By-pass). I note the comment by the second observer in relation to the capacity of the roundabout at the junction of the Sallins Road/Western Distributor Road/R407. The proposed development will not increase the levels of traffic on this road, but will likely lead to a reassignment of traffic from the Monread Road arm of this roundabout to the Western Distributor Road arm of the roundabout. The Western Distributor Road is currently lightly trafficked – arising from the lack of development within the Northwest Quadrant. This may change in the future with the development of the Millennium Park. The proposed interchange will not solve all the congestion problems of the area. However, it will result in improvements for certain traffic movements.
The concerns of the DTO in relation to the location of large-scale developments in close proximity to motorway interchanges is noted. In this instance, the proximity of the M7 to the town of Naas has resulted in expansion of the town up to the motorway boundary. The Northwest Quadrant has been identified for future development. There will be no direct access from the M7 to development land or indeed from the 200m link road to the Western Distributor Road.
The DTO comments upon the design of the interchange in relation to facilitating pedestrian and bicycle traffic are noted. The design of the interchange favours vehicular traffic. In the absence of any connection to a Sallins By-pass there would be no need for any pedestrian or cycle facilities at this interchange. The construction of the Sallins By-pass would have to be the subject of planning consent, at which stage it would be appropriate to consider pedestrian and cycle facilities. Reference has been made to a possible new Sallins railway station and Park & Ride facility. It is a matter of speculation as to where such a facility might be provided, how it might be accessed, what public transport facilities to it would be provided, and what impact it might have on the existing Sallins railway station. Such matters are beyond the scope of the application before the Board.
Comments on behalf of the second observer in relation to accuracy of traffic figures quoted are noted. The discrepancies referred to relate to a possible
______09.MA0005 / 09.HA0018 An Bord Pleanala 31 future Sallins By-pass and are not strictly relevant to this application. The interchange has been designed to cater for traffic from a possible future Sallins By-pass connection. Detailed traffic figures in relation to the impact of any By-pass on the traffic on the existing R407 will be included in any application for consent for a By-pass and would have to be critically examined at that time. Comments in relation to the existence of a Naas Traffic Management Plan which has not been published are not strictly relevant to this application. There has been no reference in the EIS to the existence of any such document. Traffic figures presented as part of the EIS must stand or fall on their own merits. Speculation as to whether the traffic figures of the EIS would or would not be verified by the figures of a report which might or might not exist is not helpful in consideration of the impacts of this development on the environment.
8.5.2 Construction of Interchange It is estimated that construction will take 12 months, and that 25 people will be employed. Temporary traffic diversions on the M7 will be required during construction. The link road to the Western Distributor Road will be largely constructed first – in order to provide vehicular access to the site and site compound. The merge and diverge lanes will be constructed off-line. During the construction of the median piers (access direct from the M7 will be required). Two lanes in each direction on the M7 will be maintained at all times – except when pre-fabricated bridge sections are being installed. This work will likely be carried out at night in order to reduce traffic congestion. Otherwise, construction work will take place during normal working hours. Approximately 100 cubic metres of spoil (from the demolished accommodation bridge) will be reused within the scheme where possible. It will be necessary to import 180,600 cubic metres of structural fill to construct the embankments. In addition, asphalt, stone, drainage materials, reinforced steel and structural concrete will be imported to the site. It is estimated that approximately 100 truck movements per day would be generated during peak construction. The construction will result in some inconvenience for motorists. However, the period of construction will be limited. I would be satisfied that the construction would not result in any significant negative disamenity.
8.5.3 Light Pollution Section 4.3.12 of the EIS indicates the type of lighting required at this site. Lighting will be installed in compliance with ISEN40-1 and will comply with BS 5649 in relation to Lighting Columns. It is a safety requirement that all motorway interchanges be lit during hours of darkness. The nearby interchanges at Maudlins and Newhall are so lit. The proposed interchange at Osberstown will be lit. Exact details of the public lighting proposed have not been submitted. The EIS does not detail the impact of light pollution at night- time. To an extent, existing vehicles travelling along the motorway during hours of darkness do contribute to light pollution in the surrounding area. The Western Distributor Road – which runs to the south of the M7 is provided with public lighting – as is the Sallins Road. The towns of Naas and Sallins also contribute to illumination of the night sky in this area. I would not accept the contention of the observers that additional mitigation measures are needed to
______09.MA0005 / 09.HA0018 An Bord Pleanala 32 limit the escape of night-time lighting from the interchange. The applicant has stated that all lighting will be baffled to minimise unnecessary negative night- time visual impacts. It is not in the interest of the developer or Kildare County Council/NRA when the development is taken in charge, to finance the illumination the countryside surrounding the interchange.
8.5.4 Air Quality & Climate Section 11 of the EIS deals with the issue of air quality. The air quality in the area is already affected by vehicles travelling along the M7. The proposed interchange will result in increased levels of pollutants arising from stopping and starting of vehicles and additional traffic volumes which will be attracted to the area arising from the new interchange. The observers’ houses are located 290m and 650m from the proposed interchange. There will be no significant air quality impact on these residences arising from the construction or operational phase of this development, and I see no need for pre- construction, construction and post-construction monitoring of air quality.
Section 12 of the EIS deals with the issue of climate. The proposed development will not have any significant impact on climate.
8.5.5 Noise Section 10 of the EIS deals with the issue of noise. The noise environment is dominated by the existing M7 and, to a lesser extent, the Western Distributor Road and the county road to the north of the interchange site. The site is located on the edge of an expanding town. Short-term noise measurements were carried out at six locations (S01-S06) – with 24-hour measurement undertaken at one location on 30/31 August 2007. Figure 10.1 illustrates the locations chosen. Results are presented at Table 10.3 – LAeq ranging between 49 and 65dB. 24-hour monitoring at location S01 (a farmhouse to the west of the proposed interchange) revealed LAeq levels between 45 and 56dB. The computer-based prediction model for noise from the proposed development assessed 10 received locations – illustrated in Figure 10.3 of the EIS (nine of which are located north of the M7). The situation was modelled for 2010 with and without the Osberstown Interchange, for 2025 with and without the interchange and for 2025 with the interchange and with the Sallins By-pass. The results are set out at Tables 10.8-10.10. In the opening year 2010, it is estimated that the interchange will increase noise levels by no more than 2dB at any of the 10 receivers. For the design year 2025, it is estimated that the interchange will increase noise levels by no more than 3dB at any of the 10 receivers. In year 2025, with the Sallins By-pass in place, it is estimated that the interchange will not increase noise levels at any of the receptors. Why this is so, has not been explained. Whilst it might be the case that the Sallins By- pass itself could have an impact on some of the 10 receivers – this could not be the case with all of them. As motorway hedgerows and trees mature, they will act as a noise barrier.
Construction noise will be of limited duration – estimated at 12 months. Most likely sources of noise will be plant & machinery and the removal/demolition of the existing agricultural accommodation bridge. Normal mitigation measures for construction should ensure that noise nuisance is kept to a
______09.MA0005 / 09.HA0018 An Bord Pleanala 33 minimum. Reference is made to acoustic barriers and screening – but no specific locations have been proposed. Normal working hours are stated to be 0700-1900 Monday to Saturday. Pumping out of excavations and emergency works may have to be carried out outside of those hours. The installation of pre-cast bridge components may have to take place outside of normal working hours.
8.5.6 Vibration Section 10 of the EIS deals with the issue of vibration. The proposed development will not result in any excavation to bedrock. Materials will have to be imported to the site to construct the embankments. The observers’ houses are located 290m and 650m from the proposed interchange. There will be no significant vibration impact on these residences arising from the construction phase of this development. Good-quality road construction with smooth surfaces will eliminate any significant vibration during the operational phase of the development.
8.5.7 Drainage Section 15 of the EIS deals with the issue of surface water and drainage. There is an existing surface water retention pond (approximately 1ha in area) immediately to the south of the M7 within the Millennium Business Park. The scheme has been designed in such a way that it does not encroach on this pond. The pond is fed by a stream and a drainage ditch which enter it from the south. Natural vegetation is colonising the fringes of this water body. The pond is also used by waterfowl. It is currently drained via two culverts beneath the M7 which ultimately unite some 100m to the north of the existing agricultural accommodation bridge – the stream ultimately discharging to the River Liffey to the north. The existing culverts beneath the M7 extend all the way to the edge of the attenuation pond on the southern side of motorway. There will be no alteration to these culverts arising from the proposed development. It will be necessary to extend the two culverts to the north of the M7 – in order to construct the rotary interchange and embankments. Drawings submitted are not clear on this point – but in the case of the westernmost culvert, it may be necessary to extend it by more than 100m. Section 13 of the EIS (flora & fauna) refers to the possible negative impact this extension might have on fauna which use the watercourse. It is stated that the two culverts beneath the M7 are fitted with ‘Hydrobrake’ mechanisms, which may already impede the passage of fauna through them.
All surface water from this development will be drained to existing watercourses, using filter drains and gullies (fitted with hydrocarbon interceptors). There will be an increase in run-off arising from an increased hard-surface area. Over-sized pipes and ‘Hydrobrake’ flow control mechanisms will be used to attenuate run-off. The M7 is currently drained using filter drains which drain to the streams to the north of the M7. Surface water will be discharged to 3 no. outfalls – one on each side of the M7 to connect with the most easternmost of the culverts beneath the M7, and the third to drain the 200m length of distributor road – discharging to the stream which discharges into the southern end of the attenuation pond. There is no
______09.MA0005 / 09.HA0018 An Bord Pleanala 34 connection with the Naas & Corbally Branch of the Grand Canal (to the east of the site) or to the Grand Canal itself (to the north of the site).
During construction, silt traps will be constructed on outfalls to the surface water drainage network. Mitigation measures to avoid contamination of watercourses during construction are indicated at section 15.5.1 of the EIS – particularly in relation to accidental spillages. I would be satisfied that the proposed development will not have any significant impact on the watercourses in the area.
8.5.8 Geology & Hydrogeology Chapter 14 of the EIS deals with these connected issues. The scheme will result in a limited amount of excavation. The impact on the geology will be relatively insignificant. The construction of the interchange will involve the importation of materials to construct embankments on top of existing ground levels. The submission of the GSI on this application for approval is noted in this regard. Figure 14.2 indicates that the site is underlain by Dinantian pure- bedded limestones. The construction of the Naas By-pass will already have impacted on the overburden geology of the area. The Curragh Aquifer is a regionally important sand & gravel aquifer. Its extent is shown on Figure 14.3 of the EIS. It does not extend as far as the site. Locally important aquifers have been identified to the east and west of Sallins – neither of which extends as far as the site. The GSI classifies the bedrock aquifer as Regionally Important – Karstified (diffuse). This bedrock aquifer trends northeast/southwest and extends beneath Sallins. There is a fracture to the southwest of the site. Having regard to the fact that development will not extend to bedrock; there will be no significant impact on the bedrock aquifer.
8.5.9 Flora & Fauna Lands to the north of the M7 are in agricultural use. Lands to the south of the M7 are waste ground and recently levelled grassland. The attenuation pond to the south of the M7 will not be encroached upon. Waterfowl use the attenuation pond – notwithstanding its proximity to the motorway. The proposed development will not result in any significant alteration to the existing relationship between this water body and the motorway. Existing hedgerows (planted when the Naas By-pass was constructed) will be removed – and replaced with new fences and hedgerows on the revised motorway boundary. A mature ash tree immediately to the south of the existing agricultural accommodation bridge will have to be felled. The site is not subject to any nature designations. The two culverts beneath the M7 will have to be lengthened on the north side of the motorway. These culverts are already fitted with ‘Hydrobrake’ mechanisms to throttle outflow from the retention pond on the south side of the M7. A landscaping plan for the interchange was included at Appendix E of the response submission of the applicant – received by the Board on 8 th April 2009. This drawing indicates that hawthorn, blackthorn and spindle species will be planted on embankments within the interchange. On the northern and southern boundaries, hedgerows will be planted, interspersed with standard alder and birch trees at 7m intervals. At the head of the spur road (possible future connection to a Sallins By-pass) trees of up to 1.5m in height will be planted 3m apart, with species to
______09.MA0005 / 09.HA0018 An Bord Pleanala 35 consist of birch, ash and holly. Such planting will not differ in any significant regard from screen planting elsewhere on sections of motorway and would constitute acceptable screening at this location.
8.5.10 Archaeology There are no recorded/known archaeological sites within the development area. The M7 traverses the site and will have already resulted in the disturbance of ground levels. Extensive excavation is not envisaged with this application – the contrary being the case with the importation of considerable amounts of material to construct embankments for the grade-separated interchange. Details of the proposal were referred to the DoEH&LG for comment. Section 8 of the EIS deals with the issue of archaeology. Pre- construction archaeological testing is recommended. The archaeological component of the scheme is to be overseen by a Project Archaeologist with the NRA. Advance test-trenching is to be carried out. A bank-side inspection and wade survey of the streams to the north of the M7 (which will be impacted by construction) will be carried out by an underwater archaeologist. If mitigation measures set out in the EIS and response submission of the applicant are carried out, I would be satisfied that the proposed development would not be detrimental to any potential archaeological material which might exist on this site.
8.5.11 Architectural Heritage There are no items of architectural heritage within the site area. The only architectural feature within the site is the accommodation bridge over the M7, and its removal would be of no architectural significance. Section 8 of the EIS deals, inter alia , with Architectural/Cultural heritage. A wide range of maps were consulted during examination of the site. The most significant item of architectural heritage in the area is Osberstown House. This house is included in the Record of Protected Structures in the Kildare County Development Plan – item B19-14. The curtilage of this house is included as part of the Protected Structure. The owner of the house is an observer to this application to the Board. The property ownership of the observer is indicated on the submission to the Board – outlined in red. The ownership line includes the house, its immediate gardens, a paddock area to the front of the house, and a small square field to the southwest of the house. The fields to the east of the house are not in the ownership of the observer. The owner of these fields to the east and southeast of the house has not submitted an observation to the Board.
Osberstown House is oriented east/west – the entrance front facing west and the garden front facing east. There is a limited garden area to the east of the house – beyond which is grassed fields. A garden pavilion has been recently constructed along the boundary with the field to the east, flanked by recent planting of fastigiate cypress trees and New Zealand Flax. The position of the pavilion has the effect of cutting off the axial view from the ground floor of the house to the fields beyond – see photographs attached to the observer’s submission of 10 th December 2008 and also photographs attached to this inspector’s report. Views from the upper floors of the house to the fields to the east still remain. There are some parkland trees within the field to the east of the house – indicating a connection between the house and the landscape
______09.MA0005 / 09.HA0018 An Bord Pleanala 36 beyond. However, maps submitted indicate that there is no axial connection to the countryside beyond the garden boundary. There are no eye-catchers within the landscape and there are no listed views or prospects from the house. The observer has argued that the fields to the east of the house are attendant grounds. There is no need for the Board to come to any conclusion as to whether this is or is not the case – as the lands to the east are not affected by the proposed development. The proposed interchange will not be visible from the east façade of the house.
The house is visible in the distance from the embankment carrying the M7 over the Naas & Corbally Branch of the Grand Canal and from the embankment carrying the Western Distributor Road over the Naas and Corbally Branch of the Grand Canal. The house is also visible from the roadway to the north of the site. A belt of mixed evergreen and deciduous trees to the south of the house screen it almost entirely from view from the existing accommodation bridge over the M7. There are only glimpsed views of the house from the bridge and the access embankment to the north. There are views of the accommodation bridge from the southern end of the wedge- shaped walled garden to the south-southwest of the house. A line of screen planting has recently been put in place outside the eastern wall of the walled garden – see photograph 24 attached to this report. It is the responsibility of property owners to secure their own privacy, if they so wish. The designation of a structure as a Protected Structure does not automatically throw a cordon sanitaire around a structure – particularly where the lands involved are not in the ownership of the owner of the Protected Structure. Each structure has to be looked at in its setting.
The applicant’s response to the observations submitted (received by the Board on 8th April 2009) includes a number of photographs and photomontages from within and without the walled garden. The photomontage from without the walled garden is somewhat disingenuous, as it comprises a view 10 years post- construction – with landscape planting on the interchange effectively screening it from view. A photomontage of the interchange immediately following construction would have been more useful. The observer submitted two photographs and montages showing similar viewpoints. I note that the second is taken from without the walled garden – within the recently planted allee of screen planting to the east of the garden wall. However, having regard to the setback distance of the interchange from the Protected Structure – 240m from the toe of the base of the supporting embankment for the northern spur to Osberstown House itself and 57m to the edge of the walled garden, I would be satisfied that landscape planting will mitigate the impact of the development when viewed from Osberstown House or its curtilage.
I am satisfied that the proposed development would not have a significant impact on the setting of Osberstown House. The owner of the house has argued that the proposed development should be examined in conjunction with the Sallins By-pass route with regard to the impact on Osberstown House – as both are inextricably linked. I have argued elsewhere in this report that the two road schemes are not inextricably linked, and that while the proposed interchange has made provision for a spur to connect to a future Sallins By-
______09.MA0005 / 09.HA0018 An Bord Pleanala 37 pass, it in no way dictates the line of that route or the nature of any road which might be constructed.
8.5.12 Visual Impact There is an existing agricultural accommodation bridge at this location. Embankments were constructed at either side of the bridge to facilitate agricultural vehicles. There is a mature ash tree growing in the embankment on the southern side of the bridge. This tree will have to be removed: I would see no difficulty with this. The proposed rotary interchange will not be any higher than the existing accommodation bridge. The proposed interchange will be more visible in the landscape because of its elevated nature. However, it will not be significantly more intrusive than the existing motorway interchanges at Maudlins and Newhall or the existing motorway bridge and embankments over the Naas & Corbally Branch of the Grand Canal. The town of Naas is expanding into the rural hinterland, and development of Millennium Business Park has the effect of replacing a rural with an urban landscape. Existing hedgerow boundaries limit the visual envelope from roads and individual houses/viewpoints. The proposed landscape plan for the interchange will help to soften and mitigate the impact over time. The night- time impact of the development will be permanent. There are no special landscape designations, listed views or identified prospects in the development plans for this area. The proposed development will not have any significant impact on the visual amenities of the area.
8.6 Other Issues
8.6.1 Extinguishment of a Private Right-of-Way There is an existing agricultural accommodation bridge across the M7 at this location, at points marked A1 and A2 on the maps submitted. Access across this bridge was temporarily blocked on the date of second site inspection. There were no objections to the extinguishment of this private right-of-way, and the Board should confirm the extinguishment. In any event, the proposed new rotary interchange will effectively replace this right-of-way (linking the two sides of the M7) with a public right-of-way.
8.6.2 Registered Burden on Lands to the East of Osberstown House The second observer has made reference to a registered burden on 9 acres of farmland to the east of Osberstown House – lands which are not in the ownership of the observer, but which cannot be used for development – because of the impact it would have on the amenity of Osberstown House. This is a private agreement between two landowners. The lands in question do not form part of the application site – and are not immediately adjacent to the site either. This registered burden may be of relevance to the Sallins By-pass line. However, as the proposed development does not include the Sallins By- pass, the issue is of no relevance to the application before the Board.
8.6.3 Facilitation of a Private Developer It has been imputed that the proposed development in some way facilitates a private developer at the expense of the common good. The proposed development is before the Board – promoted by Kildare County Council. The
______09.MA0005 / 09.HA0018 An Bord Pleanala 38 fact that it is to be paid for by a private developer is of no relevance in relation to assessing the proper planning and sustainable development of the area. The interchange was required by way of a condition attached to a planning permission. The provision of the interchange has been included in a number of statutory development plans. The fact that there has been a recent economic downturn is not a relevant planning consideration either.
8.6.4 Condition Requiring that Northern Spur not be Built Kildare County Council has indicated a willingness to accept a condition that the spur to the north of the rotary be only constructed in the event that a separate development consent is granted in respect of the Sallins By-pass. I do not see that such a condition is necessary. The spur in no way confers any form of consent on the construction of any by-pass for Sallins.
9.0 RECOMMENDATION
I have considered the details outlined in the documents submitted to the Board by Kildare County Council in support of the application for approval of the M7 Osberstown Interchange Motorway Scheme and as to the likely effects of the proposed development on the environment. I have also considered the submissions made to the Board in respect of the proposed development.
Having regard to the details and conclusions set out in the EIS (including mitigation measures contained therein) and the submissions made in relation to the proposed road development, I am satisfied that there would not be any significant adverse impact on the environment arising from the proposed road development. I recommend that the M7 Osberstown Interchange Motorway Scheme be approved.
9.1 Recommendation in relation to Compulsory Acquisition Order
I recommend that An Bord Pleanala should confirm the Order, as requested by Kildare County Council, without modification.
9.2 Recommendation in relation to Proposed Motorway Interchange
I recommend that An Bord Pleanala should approve the proposed M7 Osberstown Motorway Interchange Scheme, as requested by Kildare County Council, for the Reasons and Considerations set out below and subject to the attached Conditions.
REASONS AND CONSIDERATIONS
Having regard to the environmental impact statement submitted with the application for approval, including the mitigation measures set out therein, to the submissions made in respect of the likely effects on the environment of the proposed motorway scheme, and having regard to the provisions of The National Spatial Strategy 2002-2020, the Regional Planning Guidelines for the Greater Dublin Area 2004-2016, the Dublin Transportation Office Strategy
______09.MA0005 / 09.HA0018 An Bord Pleanala 39 2000-2016 (A Platform for Change), the Kildare County Development Plan 2005, the Naas Integrated Framework Plan for Land Use and Transportation 2003, The Naas Town Council Development Plan 2005-2011, the Sallins Local Area Plan 2009, and the Naas Northwest Quadrant Masterplan 2007, and having regard to planning permission ref. 99/500154 granted by Naas Town Council for development of lands at Millennium Business Park, it is considered that, subject to compliance with the conditions set out below, the proposed Motorway Scheme would not give rise to significant adverse effects on the environment and would, therefore, be in accordance with the proper planning and sustainable development of the area.
CONDITIONS
1. The development shall be carried out in accordance with the details contained within the environmental impact statement (including all mitigation measures contained therein) submitted by the applicant, and received by the Board on the 4 th day of November 2008, and as further amended and clarified in the applicant’s response submission to written observations – received by the Board on the 8 th day of April 2009.
Reason: To mitigate the environmental effects of the development to protect the amenities of properties in the vicinity.
______Michael Dillon, Inspectorate.
15 th May 2009.
______09.MA0005 / 09.HA0018 An Bord Pleanala 40