Inspector's Report
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Inspector’s Report ABP-301220-18 ABP-301223-18 ABP-301245-18 Development Development of a multi-use shared leisure route (Blueway), on the existing navigation towpath of the Barrow line of Grand Canal and the River Barrow, which is a National Waymarked Way. The route runs from Lowtown in Co. Kildare to St Mullins in Co. Kilkenny. Location The Barrow Navigation (Grand Canal - Barrow Line) commencing in Lowtown, (near Robertstown) and running south via Rathangan, Monasterevin, Athy, Carlow, Leighlinbridge, Bagenalstown, Goresbridge, Graiguenamanagh and St. Mullins. The total length of the route from Lowtown to St Mullins is approximately 115.7 km. The length of the section within Co. Kildare comprises c.47km, that within Co. Carlow comprises c.52km and c.16km is within Co. Laois. ABP-301223-18 Inspector’s Report Page 1 of 275 Planning Authorities Kildare, Carlow and Laois County Councils. Planning Authority Reg. Ref. Nos. Kildare (Ref.17/81), Carlow (Ref. 17/18) and Laois (Ref. 17/37). Applicant(s) Waterways Ireland Type of Applications Permission Planning Authority Decisions Kildare Co. Co. - Grant permission subject to conditions; Laois Co. Co. – Split decision; Carlow Co. Co. – Refuse Permission. Type of Appeals First and Third Party Appellants Waterways Ireland (First party) Rosalind Murray (Kildare Co. Co.) Cyclist.ie; c/o Colm Ryder (Kildare Co. Co.) Save the Barrow Line (Kildare, Carlow and Laois Co. Cos.) Mary White (Carlow Co. Co.) Paul O’Connell (Laois Co. Co.) Art Mooney (Laois Co. Co.) Observers Roger Goodwillie (Kildare Co. Co.) Jerry and Mary Carbery (Kildare Co. Co.) Theresa Brown (Carlow Co. Co.) Olivia Muldoon ABP-301223-18 Inspector’s Report Page 2 of 275 Ger Lawlor Laurence and Kathleen Butler Tim Dunne Blaise Smith Cllr. Malcolm Noonan Art O’Leary David Keenahan Eveleen Horan Lindy Little Dilly Little Niall Sheehan Gerard Lister and Ailish Dore Conor Mulligan Clare Mulligan Eveleen Coyle Catherine McBrinn River Barrow Piscatorial Society Donald William Passmore County Carlow Chamber Brian Byrne Carlow Regional Game Council Robbie and Rebecca Smith Turlough O’ Brien Phyl O’Leary Nancy Tiernan Brigid Tiernan Gerard Barnard Dr Liam Lysagh Cliona Hickey ABP-301223-18 Inspector’s Report Page 3 of 275 Declan Tiernan Anne Cody Peter Morrogh Martin and Emer O’Brien (all Carlow Co. Co.) Dominic Coyle (Laois Co. Co.) Date of Site Inspection 21st July, 2018; 27th July, 2018, 27-28 August, 2018 and 8-9 September, 2018. Inspector Stephen Kay ABP-301223-18 Inspector’s Report Page 4 of 275 Contents Section Page No. 1.0 Site Location and Description 6 2.0 Proposed Development 8 3.0 Planning Authority Decision 15 3.1 Request for Further Information 14 3.2 Responses to Further Information Requests 16 3.3 Notifications of Decisions Issued 25 3.4 Planning Authority Reports 28 3.5 Prescribed Bodies 34 3.6 Third Party Observations 37 3.7 External Consultant Reports 38 4.0 Planning History 44 5.0 Policy Context 45 5.1 National Policy 45 5.2 Regional Policy 51 5.3 Local Policy 54 5.4 Natural Heritage Designations 61 6.0 The Appeal 6.1 First Party Appeal 63 6.2 Third Party Appeals 69 6.3 First Party Response to Appeals 77 6.4 Planning Authority Responses 81 6.5 Observations 82 6.6 Further Responses 89 6.7 Further Circulations 100 ABP-301223-18 Inspector’s Report Page 5 of 275 7.0 Assessment 104 7.1 Introduction 106 7.2 Legal Issues, Project Splitting, Consistency of Decisions and Precedent 106 7.3 Principle of Development and Policy 112 7.4 Need, Form of Development and Alternatives 122 7.5 Impact on Visual Amenity and Character 139 7.6 Path Design, Safety and Traffic Issues 160 7.7 General Ecology 182 7.8 Other Issues 192 7.9 Appropriate Assessment 199 7.10 Environmental Impact Assessment 227 7.11 Assessment Overview and Conclusions 247 8.0 Recommendation 250 9.0 Reasons and Considerations 251 10.0 Conditions 260 ABP-301223-18 Inspector’s Report Page 6 of 275 1.0 Site Location and Description 1.1. The location of the proposed development comprises the Barrow Navigation along the existing national waymarked trail. This route covers a distance of approximately 115km running from Lowtown in County Kildare to St Mullins in County Carlow. The Barrow has the second longest main river channel in Ireland. It runs for 192 kms from source to sea. The river was made navigable between Athy and St. Mullins, some 68 kms, by the development of the Barrow Navigation comprising a total of 23 locks, including the sea lock at St. Mullins. The Barrow Line connects the Barrow with the Grand Canal between Lowtown and Athy. Running westwards and eastwards from Lowtown is the main line of the Grand Canal, which can be cruised to the Shannon/Erne Waterway and Dublin respectively. 1.2. The River Barrow rises in the Slieve Bloom Mountains in County Laois and runs to the east across the north of the County before turning south at Monasterevin. The Barrow Branch of the Grand Canal links the main line with the south east. It starts at Lowtown, near Robertstown in County Kildare and runs in a southerly direction passing through Monasterevin and over the River Barrow by aqua duct. The Barrow line then runs for a section of c.15km through County Laois where it runs close to the line of the River Barrow. The line crosses back into County Kildare to the north of Athy. To the south of Athy, the line connects with the River Barrow at lock 28 a short distance to the south of Athy town centre. Essentially therefore the proposed blueway route follows the Barrow Branch of the Grand Canal as far south as Athy, beyond which the route follows the River Barrow itself. 1.3. Of the 115.7 km total length, approximately 109km comprises the existing canal towpath or river bank trackway, with the 6km balance comprising public road. Within County Kildare the line of the proposed route runs from Lowtown in the north to Killinure to the south west of Monasterevin. A second section in County Kildare runs from Crohanree townland, south through Athy to the boundary with County Carlow at a point to the south of Maganey. The total length of the route within County Kildare is 47.9 km. ABP-301223-18 Inspector’s Report Page 7 of 275 1.4. Within County Laois, the route comprises two distinct sections. The first commences at Killinure approximately 1.5km to the south west of Monasterevin. This section of the route then runs to the south crossing under the M7 at Killaglish, through Vicarstown and re-entering County Kildare in the vicinity of Crohanree townland. The second part of the route within County Laois starts immediately to the south of Carlow Town and comprises a short section of c.3km in length that runs from south of Maganey Lough to Clogrenan Bridge. The total length in County Laois is 16 km. 1.5. Within County Carlow there are also two sections, the first that runs from just south of Maganey, Co. Kildare to Mortarstown Upper located to the south of Carlow Town. There is then a short break of c.3km where the line runs through County Laois and the route then continues in County Carlow running through Leighlinbridge, Bagenalstown, Goresbridge, Graiguenamanagh and terminating in St. Mullin’s. 1.6. The development runs through a number of existing settlements including Rathangan, Monasterevin, Vicarstown, Athy, Carlow, Leighlinbridge and Graiguenamanagh. The majority of the route is however located in rural areas outside of any settlement. The majority of the route within County Kildare as far as Athy is located in an area that is characterised by relatively flat topography. Further to the south, the topography is more undulating. 1.7. The existing waymarked trail comprises a mixture of surfaces. The majority of the route comprises a grassed surface on a compacted reinforced ground adjoining the river / canal. In certain locations localised surface replacement / reinforcement has been undertaken and these comprise a mixture of unbound gravel surfaces and bound surfaces. Unbound surfaces are common in the vicinity of locks and for access to lockkeeper’s cottages and houses along the route. In the northern section of the route within Co. Kildare, significant extents of the towpaths are accessible to vehicular traffic and are characterised by gravel or bound surfaces. Bound surfaces are also frequently encountered in the vicinity of towns and villages on the southern sections of the route within County Carlow. Views of the existing route surface are indicated in the photographs attached with this report and also in Chapter 10 of the revised EIS submitted by the applicant. The submitted drawings also contain photographs of the relevant section of the route. ABP-301223-18 Inspector’s Report Page 8 of 275 1.8. The existing waymarked trail is served by a number of dedicated car parking areas located along the route. These existing locations are indicated on the revised planning application drawings submitted in response to the further information request issued by the Planning Authorities. The existing parking area which are located within the identified boundary of the subject applications comprise 4 no. sites in Co. Kildare, 1 no. in Co. Laois and 6 no, in County Carlow. In addition, two new car parks are proposed, one at Rathangan and a second near the M7 to the south of Monasterevin. The full list of parking areas is provided at paragraph 3.2.12 of the revised EIS. 2.0 Proposed Development 2.1.