An Bord Pleanála

Inspector’s Report

PL 07.HD0023.

Environmental Impact Statement – Direction Case

PROJECT: N59 Clifden to Oughterard Road Project

LOCATION: Sections of the N59 between Clifden and Oughterard Co. Galway.

Road Authority: Galway County Council

DATE OF SITE INSPECTION: 24 th August 2011

INSPECTOR: Derek Daly

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1.0 INTRODUCTION: 1.1 I have read the contents of file Ref. PL07.HD0023 and I inspected the site as noted above. The purpose of this report is to advise the Board on whether it should issue a direction that the proposed road development should be subject to Environmental Impact Assessment (EIA) and if so whether an Environmental Impact Statement (EIS) should be prepared. The request for the direction has been made by Galway County Council by letter dated 16 th May 2011.

2.0 PROPOSED DEVELOPMENT

2.1 It is proposed to construct / improve a single carriageway, two-lane road. The existing road between Clifden and Oughterard is approximately 49 km in length and the proposal is to carry out improvement works on fours defined sections of the road with a recently constructed section of N59 at Derrylea a 3.8 kilometre pilot road project not forming part of the project. With the exclusion of the Derrylea section the project extends from the speed limit at the eastern side of Clifden to the speed limit at the western side of Oughterard. The proposal is for predominantly on-line upgrading of the existing road to Type 3 single carriageway widening with some sections of new offline alignment where there are particular constraints or where the existing alignment is particularly poor. It is therefore proposed utilising the existing road reservation as much as possible and minimising impacts on land and properties, utilities and on the environment.

2.2 The proposal also provides for bridge widening, full bridge construction and culvert structures over watercourses, improvement of junctions, provision for non-motorised road users where appropriate, construction of a drainage system suitable to needs of the road and amendments and diversions of existing services and utilities.

2.3 The documents received from the Roads Authority (Galway County Council) includes an Environmental Impact Assessment Screening Report, which describes the proposed development and show the overall proposed road on Drawing no GC094741-04-11511. The report also includes 4 sheets indicating the route corridor in red and showing the various statutory and non-statutory designations along the route.

2.4 The route of the road is through open countryside consisting mainly of peat land with areas of afforestation and rough and rugged pasture. There are also many lakes adjoining or in close proximity to the road and are there upland areas to the north. There are two small clusters of settlement at Maam Cross and Recess. The overall area traversed by the road is of a high scenic landscape quality.

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2.5 The screening report adjudges the majority of the impacts as short term and reversible. The main exceptions arise out of loss of habitat as a result of the increased footprint of the proposed road, possible changes in the water regime and removal of natural material including a large volume of peat. It concludes an Appropriate Assessment is necessary and that further surveys and assessments are necessary to determine the effects on the environment arising from the proposed development. The Screening Report has decided that the proposed development would based on the preliminary findings of the screening that the proposed development would be likely to have significant impacts on the environment.

2.6 The report identifies the project as sub-threshold for a mandatory EIS. In considering sub-threshold requirements however given the road’s location on environmental sites and reference to potential impacts and concludes that the possibility of significant likely impacts cannot be ruled out in the absence of additional surveys and assessments. The report also refers to a total paved surface area of 322,000 sq. metres based on a road length of 46,000 metres length and a width of 7 metres which would be greater than the mandatory threshold of 168,000 sq. metres based on a dual carriageway of 8 kilometres which carries a mandatory requirement for EIS (paragraph 3.3.1) and potential cumulative impacts (paragraph 3.3.2).

3.0 LOCATION

3.1 The area through which the route traverses from Clifden to Oughterard is close to a number of designated areas as follows:

• Connemara Bog Complex cSAC / pNHA Connemara Bog –to the south of the route east from Clifden to Oughterard in many instances running to the edge of the N59 and in close proximity along almost the entire section of the route (Drawing sheets 2,3 and 4). • cSAC The Twelve Pins/Garraun Complex / pNHA The Twelve Pins/ Garraun Complex – to the north of the N59 east of Clifden to approximately west of Recess (Loch Doire an Chlaire / Derryclare Lough) Oughterard in many instances running to the edge of the N59 and in close proximity along that section of the route. (Drawing sheet 2,). • SAC Maumturk Mountains to the east of cSAC The Twelve Pins/Garraun Complex to Maam Cross on the northern side of the N59 in many instances running to the edge of the N59 and in close proximity along that section of the route. (Drawing sheet 3) • pNHA Maumtrasna Complex to the east of cSAC The Twelve Pins/Garraun Complex to Maam Cross on the northern side of the N59 in many instances running to the edge of the N59 and in close proximity along that section of the route (Drawing sheet 3.) • cSAC Lough Corrib in close proximity to Oughterard to the north and south of the N59 incorporating the catchments of the Owenriff and Bunowen Rivers, which drain into Lough Corrib (drawing sheet 4). ______

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3.2 The road runs close to a number of archaeological sites and monuments.

4.0 REQUEST FOR DIRECTION

4.1 The roads authority submitted a request to the board for a direction as to whether an Environmental Impact Statement is warranted in respect of the scheme under section 50(1)(c) of the Roads Act 1993 as amended. The request states that the roads authority has decided that the works would, in the absence of further detailed, surveys, investigations and assessment, be likely to have significant effects on the environment. A consultant’s screening report was included with the request.

5.0 LEGISLATION AND GUIDELINES

5.1 Council Directives 85/337/EEC, 97/11/EC and 2003/35/EC – the EIA Directive and amendments.

5.2 The proposal does not involve a motorway or bus-way. Accordingly, the relevant threshold above which an EIS is mandatory is that prescribed under Section 50(1)(a)(iii) of the Road Acts 1993 and Article 8 of SI 119 of 1994. There are two types of prescribed developments set out in Article 8 -

(a) Construction of a new road (other than a motorway etc.) of four or more lanes, or the realignment or widening of an existing road so as to provide four or more lanes, where such new, realigned or widened road would be 8 kilometres or more in length in a rural area, or 500 metres or more in length in an urban area. (b) Construction of a new bridge or tunnel which would be 100 metres or more in length.

5.3 Section 50(1)(e) of the Roads Act 1993, as amended, requires that where a decision is being made regarding the likely significant effects on the environment of a proposed road development, the Board shall have regard to the criteria specified for the purposes of Article 27 of the European Communities (Environmental Impact Assessment) Regulations 1989. These are set out in the Third Schedule to the European Communities (Environmental Impact Assessment) Regulations 1999.

5.4 In August 2003, the Department of the Environment, Heritage and Local Government published a guidance document titled Environmental Impact Assessment (EIA) Guidance for Consent Authorities regarding Sub-threshold Development. The guidance is largely based on the Third Schedule to the European Communities (Environmental Impact Assessment) Regulations 1999. The main headings in this schedule are: 1) Characteristics of proposed development, 2) Location of the proposed development and 3) Characteristics of potential impacts.

5.5 In December 2009 the Department of the Environment, Heritage and Local ______

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Government published a guidance document titled Appropriate Assessment Guidelines for Planning Authorities. The subject of the guidance document is the requirement to consider the possible nature conservation implications of any plan or project on the Natura 2000 site network before any decision is made to allow that plan or project to proceed. Not only is every new plan or project captured by this requirement but each plan or project, when being considered for approval at any stage, must take into consideration the possible effects it may have in combination with other plans and projects when going through the process known as appropriate assessment. The concept of plan and project is extremely broad and is not limited to development planning and development management, covered by the Planning and Development Acts.

5.6 The European Commission in June 2001 published Guidance on EIA Screening . The aim of the guidance is to provide practical help to those involved in the EIA process, drawing upon experience from around Europe and worldwide.

5.7 The European Commission in June 2001 published Assessment of plans and projects significantly affecting Natura 2000 sites Methodological guidance on the provisions of Article 6(3) and (4) of the Habitats Directive 92/43/EEC . This document was produced to provide non-mandatory methodological help to carry out or review the assessments required under Article 6(3) and (4) of the habitats directive.

5.8 In June 2009 the National Roads Authority published Guidelines for Assessment of Ecological Impacts on National Road Schemes to provide guidance on the assessment of impacts on the natural environment during the planning and design of national road schemes

6.0 DESIGNATIONS and PLANNING CONTEXT.

6.1 The cSACs and pNHAs referred to in paragraph 3.1 are directly impacted to some degree by the corridor. 6.2 The current County Galway Development Plan lists a number of Views and Prospects along the route (map relating to focal points and views). Large areas traversed by the route are defined as class 1 in the econet map, and large sections of the road adjoin lands of high, special and unique classifications in relation to landscape character and sensitivity.

7.0 ASSESSMENT

With reference to the DEHLG guidance document referred to in section 5.3, the headings of Characteristics, Location and Potential Impacts are described below.

7.1 Characteristics of Proposed Development. a) Size of Proposed Development

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The proposed road would have two lanes and could include a number of new bridges and widened bridges on a section of road approximately 46 kilometres in length. There are currently at least eighteen river and stream crossings. The proposal is for predominantly on-line upgrading of the existing road to Type 3 single carriageway widening with some sections of new offline alignment where there are particular constraints or where the existing alignment is particularly poor. It is proposed utilising the existing road reservation as much as possible and minimising impacts on land and properties. The recently completed pilot section of N59 at Derrylea includes provision for non-motorised transport and a similar provision will require an increased footprint. The area through which it would run is currently rural. The function of the road would not change from that currently being fulfilled but there would be increased provision non motorised modes of transport along sections of the route. b) Cumulation with Other Proposed Development

The proposed development is a stand- alone proposal. Cumulative impacts with other proposed developments are considered not likely to be significant. c) Drainage

The construction / widening of the road will involve the construction of a drainage system suitable to needs of the road and would be expected to employ environmental techniques which would improve the situation regarding potential pollution and would be expected to be an improvement over the current situation. d) Use of natural Resources

There would be potentially significant use of natural resources for road building. It would also involve removal of natural material including a large volume of peat. Large amounts of aggregates will used for the development and the majority will be imported. e) Production of Waste

The nature of the work would suggest that large amounts of natural material will be excavated and large amounts of peat not an acceptable material in road construction. Over one million cubic metres of peat will require disposal/recovery. f) Pollution and Nuisances

The Screening Report notes the proximity to designated sites and the abundance of aquatic features along the route and that there would be potential for polluting material entering the aquatic environment. In addition there would be temporary disruption associated with construction which would be in line with normal single carriageway road construction / reconstruction.

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g) Risk of Accidents, having regard to substances and technologies used

The Screening Report notes the risk of polluting the aquatic environment but the realignment will reduce post construction accident risk. h) Habitats

The lands through which the road is proposed traverses or is close proximity includes a number of designated site, there is potential for impacts to occur in relation to habitats.

7.2 Location of Proposed Development a) Land Use and Natural Resources

Most of the area is predominantly peat land with some areas in agricultural use. There are two small clusters of settlement at Recess and Maam Cross. There are also individual houses adjoining or in close proximity to the road. b) Natural Environment

The proposed road would be through an area mainly of high scenic landscape sensitivity and value and large sections adjoins or is relatively close proximity to a number of designated European Sites.

The Connemara Bog Complex cSAC / pNHA Connemara Bog is to the south of the route east from Clifden to Oughterard in many instances running to the edge of the N59 and in close proximity along almost the entire section of the route.

On the northern side of the existing N59 the cSAC The Twelve Pins/Garraun Complex / pNHA The Twelve Pins/ Garraun Complex, the cSAC Maumturk Mountains and the pNHA Maumtrasna Complex in many instances running to the edge of the N59 and in close proximity along almost the entire section of the route.

The cSAC Lough Corrib in close proximity to Oughterard to the north and south of the N59 incorporates the catchments of the Owenriff and Bunowen Rivers, which drain into Lough Corrib.

In the absence of detailed information on the nature of the development, including that relating to the works required and in relation to drainage, it cannot be concluded to any degree of certainty that the development would not have significant adverse impacts on these sites, which are identified as constraints. The works will involve excavation and removal of bog and other material and impact on drainage, adjoining lakes and watercourse catchments.

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An appropriate assessment of the development under the Habitats Directive would therefore be required. This requirement would be met if an EIA were carried out for the development.

With regard to views it is noted from the current County Galway Development Plan lists a number of Views and Prospects along the route (map relating to focal points and views). Large areas traversed by the route are defined as class 1 in the econet map, and large sections of the road adjoin lands of high, special and unique classifications in the in relation to landscape character and sensitivity. The route traverses an area which is open with low visual absorption capacity but is will follow an existing established road line dating back to the early 19 th century. Consideration and further assessment of the absorption capacity of the natural environment in the vicinity of the proposed development would be required and the significance of the effects cannot be determined and should be subject to an EIA.

7.3 Characteristics of Potential Impacts a) Extent of the Impact

The extent of the impact of the development would be significant in terms of geographical area traversing a route of approximately 46 kilometres, but this, in itself would not constitute a requirement for EIA. The route does however traverse or is proximate to sensitive environmental site for much of its length b) Magnitude and Complexity of the Impact

The potential impact of the development on natural heritage would be potentially significant on the conservation status of the adjoining cSACs and pNHAs. There are also potential impacts in terms of views and visual impacts. c) The probability of the impact

It is considered that the proposed road would be likely to have a significant impact on the conservation status of the adjoining cSACs and pNHAs and also in relation to visual impact. The scale and level of impact short and of a longer term would require to be evaluated and assessed in the context of large sections of the route running through the designated areas and where there is an absence of tree and hedgerow vegetation in many parts of the general area reduce the potential for shielding by planting. d) Duration and Reversibility of the Impact

The proposed road would be a permanent structure and would have a long term effect on the corridor. Its effects would not be reversible though the scale of the effect may possibly be ameliorated.

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8.0 CONCLUSION

8.1 Due to its scale, to its proximity to designated areas and priority habitats, its traversing lands of high, special and unique classifications in relation to landscape character and sensitivity and its potential impacts on listed Views and Prospects, it is considered that the development would have a potential impact on natural heritage. Having regard to the thresholds set down in roads and planning legislation, and to the criteria on sub- threshold development set down in the guidelines on the topic issues by the Department of the Environment, Heritage and Local Government in August 2003 and other guidance on assessment of potential ecological impacts, it is considered that this impact would be likely to have a significant effect on the environment and Environmental Impact Assessment, and thus an Environmental Impact Statement, are required in respect of the proposed road development.

9.0 RECOMMENDATION

9.1 I recommend that the Board directs the Roads Authority, Galway County Council, under paragraph (b) of Section 50(1) of the Roads Act 1993, to prepare an environmental impact statement in respect of the proposed road development.

REASONS AND CONSIDERATIONS

Having regard to

a) the nature and scale of the proposed road development,

b) to the environmental sensitivity of its route due to its proximity to the a number of designated sites including the Connemara Bog Complex cSAC / pNHA Connemara Bog, the cSAC The Twelve Pins/Garraun Complex / pNHA The Twelve Pins/ Garraun Complex, the cSAC Maumturk Mountains, the pNHA Maumtrasna Complex and the cSAC Lough Corrib,

c) potential impact on Views and Prospects designated in the Galway County Development Plan 2009-2015,

d) that large sections of the road adjoin lands of high, special and unique classifications in relation to landscape character and sensitivity

e) potential impacts on priority habitats, and

f) to the criteria set out in the Guidance for Consent Authorities regarding Sub- threshold Development , issued by the Department of the Environment, Heritage and Local Government in August 2003 and Guidance for Assessment of Ecological ______

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Impacts on National Roads Schemes issued by the National Roads Authority in June 2009,

it is considered that the proposed road development would be likely to have significant effects on the environment.

______Derek Daly,

Inspectorate

30 th August 2011

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