Tipperary Venue
1.0 INTRODUCTION This Report has regard to Planning Appeal Ref.No.PL22.237958 and to the subsequent Oral Hearing held on the 8th ,9th and 10th of March 2011. It provides an Addendum to the Inspector’s Report, in particular on issues pertaining to Landscape/Visual Impact, Cultural Heritage and Appropriate Assessment. In this context issues having regard to Design and Layout are also discussed.
2.0 SITE LOCATION AND DESCRIPTION The site is in the rural area to the south of the junction of the N75 with the old N8 (now R639), the M8 is to the west, and can be seen from an overbridge on the N75 to the north. It is located in North Tipperary in the townlands of Noard, Newhill and Borris. It is to the south-east of Twomileborris, which as the nearest town is 2.5km to the north west of the site and is accessed via the N75 where there is a cluster of residential development. This small urban centre provides some local services including shops, post office and a primary school. The village of Littleton is to the south, and there is some ribbon development along the county road that runs to the east of the village, to the south of the site on the road to New Birmingham. The site is c.10km from Thurles to the east and c.10km from Urlingford, Co. Kilkenny to the north. Horse and Jockey and Cashel lie to the south.
The site is c330 hectares and is irregular in shape and comprises c110ha of agricultural land (in the north-west) and c.220 acres of forested bog (in the south and east). It is made of two separate areas of land, on opposite sides of the R639. The main area of proposed development is located on the southern side of the road. The northern site area comprises a small parcel of land (c31.5ha) located between the new M8 Motorway; the R639 and the N75. This comprises grassland in agricultural use and is relatively flat but the land rises to a higher level to the south. There is currently an entrance to this site area from the R639 and a tarmacked access road to commercial sheds and truck parking area used for the parking of Centra and SuperValu trucks. There is also a private access road to the site to the north from the N75 in proximity to the overbridge area. While agricultural land adjoins the site there are houses to the north and south of the site and a new house is being constructed to the north. There are also bungalows on the opposite site (now proposed for demolition to facilitate the proposed development).
The remaining larger land bank (of c298 ha) lies to the south-east of the R639 and is bounded generally by Coillte Commercial Forestry to the north-west; Bord na Mona bog to the south-east; and agricultural land to the south-west. There are currently a number of field gate accesses to the site from the R639. The site frontage is bounded by stone walls and existing boundary walls of the dwellings to be demolished. The front part of the site closer to the R639 is in grassland in agricultural use. There are trees and hedgerows interspersed through this agricultural land. There is a red brick bungalow accessed via an avenue and to the south east of this is an older farm house and farm buildings including commercial sheds set well back into this land. The land is undulating in parts and the farm house is located on the more elevated lands. There are some ditches and streams along the field boundaries. There are a number of streams and rivers that run through the site. There is an extensive area of bog land, some of which had been planted with young forestry conifers and broadleaf trees to
PL22.237958 An Bord Pleanala Page 1 of 35 the south east of the site and an area of forestry to the south and north west. The site is accessed via unsurfaced tracks to and within this forestry area. The forestry area does not appear to have public access. There is an old derelict cottage centrally located on the site between the area of bogland and forestry.
There is a cul-de-sac access road from the R639 to serve the bungalows to the north east of the site and one to serve those including farmyard area to the south, both of which are outside the boundaries of subject site.
3.0 PROPOSED DEVELOPMENT The proposed development is to be located on this landholding of 330ha and is to include the following: Demolition of the existing buildings on site. 500 Bedroom Hotel with Casino (6,000sq.m) with a g.f.a of 80,577 sq.m Hoban Memorial building (1,984sq.m) Chapel (255sq.m) 18 Hole Golf Course with Driving Range and golf course club building (3,462sq.m). 15,000 seat capacity Event Centre (23,362sq.m) – to accommodate sports, concerts and other events. Horse Racing Track-Grade 1 Race Course (c23.5ha) and Greyhound Track (c0.36ha) with shared ancillary buildings (40,358sqm) Greyhound Racing Track (0.36ha) Grade 1 Race Course (c.23.5ha) to include Grand Stand (32,878sq.m) and shared ancillary buildings Equestrian Centre (5,872sq.m) Single storey Energy Centre building (1,530sqm) Heliport (2,383sq.m) Treatment Plant (252sq.m).
As provided on the C.F.I Site Notice (which provides a full description of the proposed development) the total g.f.a of the entire development is 163,091sq.m. It is proposed to provide parking on site as follows: 5743no. car parking spaces, 136no. bus parking spaces, 72no. Greyhound box spaces, 100 horse box spaces on site.
It is proposed to construct a new road infrastructure to improve access to the development. This is to consist of a road linking the R639 to the Two Mile Borris Interchange and the construction of two additional slips on this interchange to create a diamond interchange. Access to the proposed development was to be provided by a new 4 arm roundabout on the R639 to allow access to the development while also serving the heliport which is to be located on the opposite side of the R639. As per the C.F.I submitted this has been revised to the provision of a link road to connect the R639 (via a new 3-arm roundabout) to the recently constructed Two Mile Borris Grade Separated Junction on the M8 and the construction of 2no. slip lanes to complete the diamond interchange. Widening of approaches to the roundabouts at the Two Mile Borris Interchange to allow two way flow. The provision of a segregated left turn land (on the existing southbound diverge) to allow traffic to join the proposed Link Road in a free flow manner. Also termination of an existing accommodation
PL22.237958 An Bord Pleanala Page 2 of 35 road (on the south side of the new Link Road) and the creation of a new access onto the northern side of the link road for the existing accommodation road.
It is proposed to provide an on site treatment plant and also to have a potable water supply to serve the development. Diversion of existing site services is proposed and details of drainage including proposals for surface water attenuation are given in the accompanying EIS and documentation submitted. It is noted that it is stated that a Waste Licence will be required for this development.
3.1 Access and Road Layout Access to the site is from the north western side from the R639 (which is the downgraded N8). There are a total of 4no access points into the site, which all serve existing dwellings and a farm. A Transport and Transportation Assessment, has been prepared by Tobin Consulting Engineers and Section 5.8.2 of the EIS provides details of this having regard to construction and operational phases. A Road Safety Audit Stage 1 has also been prepared. A Mobility Management Framework and an Aviation Report have been included.
While the landscape is rural there is major national infrastructure passing through the uppermost north westerly section of the site (the N8 now R639 and the M8 seen in the distance across lands to the west). It is considered that the M8 and road network in the area makes the site more easily accessible. However there are issues regarding traffic congestion ensuing and the need for greater access to public transport links and this has been raised by the Third Parties and An Taisce in their appeal statements and at the Oral Hearing.
The proposed roads layout to serve the proposed development will have an impact both visually, environmentally and in providing additional infrastructure in the rural landscape. Tobin Consulting Engineers drawings show details of this layout, which includes Two Mile Borris interchange on the M8 Cullahill to Cashel Scheme, proposed roundabouts on the R639 to the main site and the heliport site and internal roads layout within the sites. It is proposed that the car parking area be well integrated into the site by the use of green parking areas and integration with landscaping and planting.
It is noted that An Taisce considers that the sustainability of the proposal is entirely undermined by the provision of the number of car spaces and have regard to carbon emissions. They consider that the application has failed entirely to address DoEHLG ‘Smarter Travel’. They refer to the heliport and consideration of future customers. They consider that the need for and sustainability of this development proposal has not been justified. This was reiterated in the O.H by both Mr Lumney and Mr Nicks.
There are some concerns about the applicant’s proposals to gain access to the site. The Council’s Road Section considers that the applicant may be unable to deliver the interchange upgrade. The NRA has expressed strong views on roads issues. The Council’s F.I request recommends a number of modifications to the proposed roads layout. Details on footpaths and cycleways are also requested. In response Tobin Consulting Engineer have submitted proposals showing pedestrian and cycle routes. It is also noted that the event car park has been designed such that conflict between pedestrians and vehicles travelling to and from a major event are to be minimised.
PL22.237958 An Bord Pleanala Page 3 of 35 RoadPlan Consulting have prepared a Report on Roads & Traffic Aspects of the planning application in November 2009 (submitted on the 18th of December 2009). They provide that it should be decided if a condition of planning is required to limit attendances to the level stated in the application (15,000) and that an Event Management Plan should be included. All event traffic ultimately enters the development through its sole access and travels thereafter to the carparks, they strongly recommend that a second access is made from the Link Rd/R639 roundabout to the car parks as two separate roads should lead to the car parks used during major events. Part 2 of their Report includes an assessment of the Road Safety Audit, Mobility Management Framework etc. They have also submitted a ‘Report on the Responses by the Applicant’ to the Request for Additional Information on the Planning Application, dated August 2010 regarding revisions to the proposed roads layout.
The NRA has a number of concerns about traffic issues/inconsistencies and has regard to the traffic modelling/trip generation and details of 20% modal split that have been submitted. They consider that insufficient information has been submitted to enable a more comprehensive understanding of traffic impact and appropriate mitigation measures. They highlight that there is no provision for any potential upgrade of the M8, including junction in the newly adopted CDP despite the inclusion of this site as a strategic location that is suitable for different employment and economic activity under policy note ECON 2. They note the Event Management Plan and have regard to traffic issues including congestion and conflict between users. The NRA recommends that a redesign of the internal layout should be undertaken to minimise these adverse impacts.
The NRA notes that the applicant has not gone through a Motorway Order process to obtain permission to construct the motorway connections. This process could lead to changes to the layout that would be at variance with the layout granted under the planning permission. They also note there is uncertainty in relation to the detailed design of the segregated left slip road. In response to the C.F.I they note that the applicant has examined two different access scenarios and provide a review of these. They consider that the planning application and its supporting documentation fail to assess and address the impact of the proposal on the national road network in the area and highlight a number of serious inadequacies, particularly having regard to impact of major event scenarios. They consider that the Mobility Management Framework Plan would be unacceptable and recommend the preparation of an appropriate and comprehensive plan. Also there is a failure to provide an accurate representation of the network conditions, which they consider renders the TTA seriously inadequate and unacceptable.
The Council’s Road Design Section has submitted a Report in response to the CFI and they recommend a number of conditions. This notes that from the outset they have had the benefit of independent expert advice on the traffic and road issues from Mr. D. Donovan of RoadPlan Consulting. He later attended and responded to road related questions at the O.H. They provide that the proposed access arrangement has been modified and improved significantly over the course of submission of additional information and clarification.
PL22.237958 An Bord Pleanala Page 4 of 35 While the existing road network has adequate capacity to deal with additional traffic associated with the regular day to day operation of the hotel and ancillary development, it does not have the capacity to accommodate the additional traffic generated by any significant event at the race track or the event centre. It is noted that the Phase 2 works are entirely dependant on the agreement of the NRA and most likely a Motorways Order. As such the exact layout of this additional infrastructure is uncertain at this time and there is no guarantee that it can ever be provided. The Council do not object to granting permission from a roads perspective with a maximum event capacity of 9750 persons or 9000 on a Friday. Condition no.2 of the Council’s permission refers.
An Taisce at the O.H expressed concern about this condition and considered that the NRA’s concerns about the project had not been addressed and that there was a question of project splitting. In this respect they referred to the need for a Motorway Order, and noted that this would need to be subject to another application and would require an EIS.
4.0 DESIGN AND LAYOUT and IMPACT ON LANDSCAPE
4.1 Design Concept It is proposed to introduce a high quality integrated tourist facility of c.163,091sq.m g.f.a on the subject site of 330ha in this rural area. This is to provide a unique tourism based facility incorporating a hotel, casino, golf course, Grade 1 horseracing and greyhound racing tracks and a venue facility (for sports, concerts and other events). It is provided that the proposed buildings have been designed to comprise of integrated organic forms using materials and landscaping to merge buildings into the landscape reducing the visual impact of the development on the surrounding landscape. It is proposed that the buildings on site will be located to protect the natural features, such as the forested area to the north and the existing boundary treatments along the boundaries of the site, which provide natural screening. As shown on the documentation submitted the Core Development Zone is shown located towards the road frontage area of the site, on what is now agricultural lands with the Peripheral Development Zone in the remainder of the site.
The EIS provides that the proposed layout of the scheme has been designed to ensure that it respects the character of the area and that there is minimal impact on neighbouring developments. This considers that the proposed development will be seen as sustainable and compatible with other adjoining land uses (i.e. Agricultural, Forestry, Bogland and Residential development) and will not negatively impact on these. Due to the scale and nature of the proposed development it is considered that it needs a rural location, with accessible land banks available. It is provided that this will provide a proposed landmark integrated tourist development that will provide high quality landmark facilities and will have a significant positive impact on the tourist industry of North Tipperary. This was reiterated by Mr O’Connell (architect for the scheme) who provided a description of the development at the Oral Hearing and that this is to be a major scheme which combines a number of public interests sharing infrastructure and is primarily a place of large scale assembly. He also submitted a document to the O.H regarding the ‘Architectural Strategy’ which provides that the Genesis of the Tipperary Venue concerns the linkages of Equestrian, Gaming, Assembly and Ensemble of functions on this site and their combined
PL22.237958 An Bord Pleanala Page 5 of 35 linkages to infrastructure and sustainability. The design concept is also shown on the video of the Tipperary Venue, which is available for public access on the intranet. Mr. Lumney of An Taisce was concerned that this video is misleading in that it is promotional for the scheme but did not consider the broader implications.
This proposal includes the relocation of the racecourse and greyhound track from their respective current sites on the Nenagh Road and the Tipperary Institute Roundabout respectively to the proposed development. The new Grade 1 Racecourse is to accommodate Flat, Hurdle, Sprint and Chase Races and there will also be an all- weather flood-lit track. Three marker buildings are to be provided on the campus. These are the Casino Hotel, the Horse and Grey Hound racing Grandstand and the semi-underground doomed Venue building. The main feature having regard to land- take is the establishment of a Grade 1 Race Course in the centre of the site with associated grandstand, car parking and other buildings. The proposed scheme provides for a number of buildings at varying heights. It is provided that with the exception of the Hoban Memorial Building (which is of Neo-Classical design and a replica of the White House) and the mid 18th century chapel that all other buildings within the scheme are of contemporary design, organic in their morphology with the inclusion of green roofs and reflect an older cultural heritage. This was reiterated by Mr O’Connell in his submission to the O.H, who provided that this unique project is intended to create an architectural strategy to merge the more assertive neo-classical and the less aggressive more organic form. He also provided that the design concept is about achieving the maximum return for a piece of infrastructure and the need to respect the aesthetic quality of the landscape. The objective of the Tipperary Venue Project is to bring together the traditional Irish pursuits of horse and greyhound racing, with a highend casino facility, that would be the first of its kind in Ireland in a single venue.
4.2 Demolition of existing buildings on site Section 5.8.3 of the EIS describes how the proposed development will impact on both commercial and residential property within the vicinity of the site. This includes existing properties and those proposed for demolition to facilitate the proposed development. It is proposed to demolish all of the existing buildings on the subject site which comprise 5no dwelling houses; 1 no. derelict dwelling house; 1 no commercial warehouse/storage building and agricultural outbuildings The total g.f.a of the buildings to be demolished is given as 2,872sq.m. Three of the houses front directly onto the R639 and the 2 other dwellings are accessed internally within the site via a short access road (off the R639). Drawings showing the buildings to be demolished have been included with the application.
It is noted that the 5no. detached dwelling houses appear to be habitable. Two of these are more modern bungalow type dwellings that front the R639 and the other also fronting the R639 is an older cottage style house. There is a red brick bungalow set back from the road frontage accessed via a tree lined avenue and to the rear of this further set back in the land is an older two storey farm house, known locally as ‘Noard House’ set back c.400m in the lands, accessed via a long avenue off the R639. It is a late 19th early 20th century structure and includes outbuildings and a large shed at the rear. With the exception of the farmhouse and associated buildings and perhaps the older cottage building, none of the other houses proposed for demolition have any particular character. The buildings on site are not protected structures and are not
PL22.237958 An Bord Pleanala Page 6 of 35 considered to provide any architectural or historical merit. It is not considered that any of these houses makes a particular contribution to the rural vernacular/environment or are worthy of preservation and I would not object to their demolition or to that of the old stone derelict cottage in the centre of the site and which is in ruinous condition.
4.3 Design and Layout of the Proposed Development The Site Plan for the proposed development shows the location of the various buildings proposed including the casino hotel, the capacity venue building, horse and dog racing tracks and a grand stand centrally placed to provide a back to back facility overlooking both of these racing tracks, the Equestrian Centre and 18 hole golf course and golf club building. The Hoban Memorial building and Casino hotel are to be sited closer to the road frontage of the site while the golf course is to be located in part of the southern section with the racecourse and associated buildings in a more central position. The Site Layout Plan includes landscaping, attenuation ponds and it is noted that the existing river Derheen channel will be moved to the west in the southern part so as to pass under the racetrack via culverts. The Heliport area is to be located on the smaller site area on the opposite side of the R639. A description and assessment of the main buildings/venues is provided below and reference is also made to Section 3.4 of the EIS, which provides a more detailed description of the design and layout and proposed usages of each of the proposed buildings.
4.3.1 The Hotel Building The hotel building will be the highest building on these lands ranging from 1-8 stories (plus plant level) over lower ground floor. This building is set back over 100m from the R639 and is to provide for a high quality of architectural design. S.5.7.1.12 of the EIS provides that the Casino hotel will have a unique cutting edge appearance unlike any other in Ireland and will consist of sleek architectural elements punctuated with generous green living structures using revolutionary green technologies. This is to accommodate 500bedrooms, 6000sq.m casino, conference facilities, health spa and leisure facilities, 2 ballrooms, 4 restaurants, 2 bars, coffee shop, 6no. retail units and all other hotel ancillary facilities. As part of the further information response the applicant has submitted details of a 160sq.m crèche to be provided within the hotel complex to cater for 45 no. children, which is below the requirement set out in the Childcare Guidelines but the applicant considers acceptable in view of the demographics in the area and the Local Authority considers this to be acceptable.
At the Oral Hearing An Taisce were concerned that no socio/economic impact assessment had been done in relation to this 6,000sq.m casino on the impact on human beings. They also questioned the necessity for a 500 bedroom hotel considering its location away from areas well linked by public transport and the current excess of hotel bedrooms. Mr O’Connell on behalf of the applicant provided this 500 bedroom accommodation will be needed to provide 5 star accommodation for the facility and this will be a high end casino and that there will be a visual barrier between the casino area and the rest of the hotel. However he also provides that the hotel is designed so that it can be built in two phases, initially with 350bed spaces and fully with 500 spaces depending on the success of this new concept. The socio/economic impact assessment that has been provided was also referred to and regard had to the need to provide facilities for large scale conferences.
PL22.237958 An Bord Pleanala Page 7 of 35 The Hotel Building is shown designed in linked blocks, the eastern and northern blocks and the curved south western block. Its height increases in scale from 19.5m (i.e. 3 stories) to 35m (8 stories) at its highest point. Also it is provided that the massing and curving of the building has been specifically designed to minimise the buildings visual impact. They provide that the highest point of the block comes to a sharp point creating the climax of the building, focusing the activity into the site, towards the venue and the grandstand beyond. Also that the elevation addressing the R639 to the north and northwest will be relatively low and with the forest plantations at the rear and the green terrace roof gardens this will assist the building to merge into its surroundings.
The Eastern Block is to accommodate the main entrance and the secondary entrance into the Casino at ground floor level and the upper levels accommodate the bedrooms. It rises to a maximum height of 24m (inclusive of roof plant). This elevation is to have a sloped seeded (sedum landscaped) roof, which it is provided as with the south western block ameliorates the visual impact from the R639. This block is linked to the south western block by a glazed atrium and circulation spine. The Northern Block is seen as a second link between the other two blocks and is 3 stories over part basement and accommodates the casino at ground floor level and the bedrooms on the upper floors. It is also to have a glazed façade with a ‘green colour’ façade system to provide an integrated vista between the blocks and the surrounding landscape.
While this building could be seen as innovative, it is queried how successful this type of design and layout will be in practice also having regard to the functional linkages and sustainability of its proposed variety of uses. At a height of over 30m it will break the existing skyline, and will have a significant visual impact, as can be seen from the height and massing shown on the proposed elevations submitted. The impact of this building will vary depending on where it is viewed from. It is noted that there are currently no higher buildings in the vicinity or in nearby local towns or villages. While the uniqueness of the design concept has been specified it is considered that its design, massing, bulk and height will appear considerably more dominant than other forms of development on site and more substantial than the design and layout of commercial hotel development more usually seen within the character of the Irish countryside.
4.3.2 The Hoban Memorial Building Section 3.4 of the EIS provides that the Hoban Memorial, based on the 1829 completion of Hoban’s Palladian design for the Executive Mansion in Washington (i.e the White House), has been purposefully sited to address the R639 and will be framed by formal gardens. The proposal links the Hoban Memorial with the Hotel by an underground passageway to enable functional and guest access between both buildings. The Hoban Memorial is also envisaged as a conference location in the European/American context. The building is to consist of three floors with a g.f.a of 1984sq.m and to accommodate a banqueting suite & museum with reproduction Lafeyette Park and subterranean link to the proposed hotel build.
In their third party appeal submission An Taisce consider that having regard to the White House replica they are concerned that building a full scale replica in Co. Tipperary would be ill advised investment of resources at a time when there are a multiplicity of genuine historic buildings around the country needing investment and
PL22.237958 An Bord Pleanala Page 8 of 35 new uses. They provide that the proposed use of the building for banqueting and conference facilities is amply provided for in the hotel. They note that James Hoban has already been commemorated at the location of his birth place in Desart near Callan by the planting of the Hoban Grove. At the O.H Mr Nicks of An Taisce again considered that there was nothing to be gained by building a replica of the Whitehouse having regard to cultural heritage, and that this concept is more suited to an American type theme park. He provided that there is a legacy of abandoned and derelict architectural cultural buildings and that the priority should be investing in genuine heritage. He was also concerned that the proposed landscape could not be considered as a domain type setting suited to the proposed White house building. Mr O’Connell for the applicant at the O.H disputed this and considered that other intentional monuments had been created elsewhere and that this will be a fitting monument in this location. He noted that is also intended to reconstruct the interior as original and that as in the Whitehouse in Washington it is intended to provide a banqueting suite. He considered that this neo-classical building in its appropriate domain type landscaped setting will add to the heritage and tourism interest in the area, and referred to other heritage venues such as the Rock of Cashel.
It is of issue whether this design and layout of this building (functioning as a Presidential building in the U.S.A) is suited to its proposed location and functions in the Tipperary rural area. I would be concerned about the design concept of this proposed building and consider that while it will be a landmark building and may be a tourist draw it could also be considered that it would appear unsuited to and overly dominant and incongruous in this rural area, particularly having regard to the more organic theme of the other proposed buildings.
4.3.3 The Chapel It is proposed to incorporate a multi-denominational chapel within the forested area of the site to the east of the Hoban Memorial. There is to be a glazed covered walkway between this building and the Chapel. This is to be modelled on a mid 18th Century New England Colonial style chapel design and incorporated onto the site to correspond to the Hoban Memorial set approx. 200m to the west. It is noted that as provided in the ‘Architectural Strategy’ Document 02 submitted at the O.H that the Chapel is relocated by approx.10m to reduce flood risk. It is to be sited within the existing and proposed forested area and will be visible in the landscape in view of its high narrow spire, which is shown 18m in height. Mr O’Connell provided at the O.H that it is normal to include a chapel as part of the proposed range of facilities and that this was one of their client’s particular requirements, and that this is a small facility that is to be integrated into a woodland setting. It is queried whether this type of building fits in with the general more organic theme and whether it could be seen as conflicting with more traditional design of Irish mid 18th century churches or to the design of other such church buildings in the Tipperary area.
4.3.4 Racecourse and Greyhound track and associated Buildings This area is to consist of 7no. structures i.e. the tracks, entrance building, grandstand, weighroom, greyhound building, stables, saddling boxes, maintenance building with accompanying maintenance yard and parking spaces. The buildings are to be designed using similar type materials to endeavour to create a visual consistency and details of these materials and the functions of the individual buildings are given in Section 3.4
PL22.237958 An Bord Pleanala Page 9 of 35 of the EIS. The Grandstand is the building that will have the most visual impact and it is discussed further below.
The Grandstand is shown centrally positioned within the Racecourse complex. It is approx.176m long and 94m wide and is located c.41m away from the Horse racing track and c.15m away from the Greyhound track. It is to accommodate both horse racing and greyhound stands and is designed to work/use shared facilities i.e bars, restaurants, circulation areas, on a back-to-back basis.
The racecourse and stands are designed to accommodate racing at any time and in all weathers. It is provided that the horse racecourse will create an all weather Grade 1 track for the Munster Region. The track covers an area of 23.5ha and details of the proposed design and usage of this are given in Section 3.4 of the EIS. The greyhound track is to be a premier racing track meeting the Bord na gCon standards and it will cover an area of 3570sq.m. At the O.H Mr O’Connell provided that the grandstand will be able to accommodate 5,000 people and is a unique project. The stand will be capable of being opened into larger and smaller areas and will be used both for the racecourse and greyhound racing. It was noted that there is currently only one all weather track facility in Dundalk. Mr O’Connell pointed out that it is intended this be an international facility for Munster region that will be capable of supporting American events such as the Breeders Cup. The Observers at the O.H provided that the proposed facility is supported by equestrian and greyhound racing interests. Mr Nicks for An Taisce questioned support by HRI, but the Mr Gallaghan for the applicants presented a letter from HRI dated the 8th of March 2011, which while confirming their support for the venue noted that whilst there is at present no need for a second racing track such a facility would provide a useful schooling and training facility for the many horses based in Munster.
It is considered that the proposed design and functions of the Grandstand building are relatively standard. However externally it will appear as one of the higher buildings in the landscape as it will be 34.5m tall at its highest point and its shape will also provide a focal point, with the curved part of the building as shown on the south-east and north west elevations rising well above the mounded area. The proposed accommodation in the building is to include two underground floor levels, ground floor and 4 levels above. It is provided that the racing stand will be glazed on three sides to allow the widest view of the racetrack. The elevation facing the dog track is curved and is also fully glazed. The EIS provides that the organic curved profile to the roof was designed as a zoomorphic form in response to the organic policy of the design as a whole, and in this case recalls the curve of a horse’s back. Mr O’Connell at the O.H provided that the approach to the side elevations of the grandstand will serve to provide shelter below.
The Local Authority considers that the design of the proposed track and structures, especially the grandstand is architecturally strong and has attempted to minimise their impact on the surrounding landscape. I would consider that the back-to-back arrangement for the horse and dog racing to be a positive design feature. Mr O’Connoll at the O.H. provided that this building will be seen in the context of the other buildings, which are proposed to being seen as integrated into part of the landscape topography.
PL22.237958 An Bord Pleanala Page 10 of 35 4.3.5 15,000 Capacity Venue Building This is to provide a semi-underground doomed venue and is to be used as an events venue for music, entertainment, sports and exhibitions. Section 3.4 of the EIS provides that it has been designed to be a flexible space, which can be reduced internally to cater for different scales of events and has a maximum capacity of 15,000 people with a maximum seated capacity of approx. 9,000.
The building is doomed in shape and it is proposed that it forms a continuation of the surrounding topography, effectively growing out of the landscape and that this will be achieved through a green mounded roof which emulates the prehistoric mound structures of Ireland, reflecting the paleotechnology of the earliest inhabited Irish landscape and that visually it will appear as a hill in the landscape. The roof of the structure is to have a large opening directly over the centre of the arena floor, which is covered by a retractable roof. The building is to be c.21m tall at its highest point and is approx 190m wide by 217.5m long. It is proposed that level –1 will be used as a large banqueting hall. Mr O’Connell for the applicant at the O.H provided that this building will have a retractable roof and that while seating will be provided for 9,500 people it will have the capacity for 15,000. There was much discussion of these capacity figures between the parties at the O.H and as to how they were arrived at. It was noted that retractable seats will allow for the 15,000 capacity. The Council referred to capacity issues and to Condition 2 of their planning permission. Mr O’Connell noted that the venue may be used for activities as diverse as ice-hockey, sporting activities, to music and drama touring events. Issues in relation to noise were also discussed and Mr Sheridan (Noise expert) noted that the roof would be closed for concerts. It is noted that Mr O’Connell provided that events will be managed as a single entity and that the whole of the complex facilities will be managed by a single management company responsible for the maintenance and management of an event level of use for the whole of the complex.
It is noted that Mr O’Connoll provided that this building, which is partly underground will be seen in the context of a hill and this will minimise the visual impact on the site. It is considered that whilst this building is innovative in design and layout, questionable whether the proposed organic emphasis on the exterior and more elaborate details and design of the interior will produce a building that will be well integrated in form with its surroundings.
4.3.6 18 Hole Golf Course with Driving Range Consistent with the overall campus design concept the golf club building has an organic curved shape rising from the ground to reach its peak at the end facing towards the main golf course. The building at its highest point is a two storey structure. In view of its height in comparison to other buildings proposed on site and its location to the south east of the site, some distance from the road it is not considered that it will have much of an impact on the landscape. The need for additional golfing facilities in the area was queried at the O.H.
4.3.7 The Equestrian Centre This is to comprise a number of buildings – an indoor and outdoor area, an accommodation block, stables with accompanying storage and hay barn, all to form a composite unit with their shape, orientation and choice of material. It is not considered that this cluster of buildings which is located on the south eastern portion
PL22.237958 An Bord Pleanala Page 11 of 35 of the site, adjacent to the golf club buildings, will visually have much of an impact on the environment, other than as seen cumulatively as part of the overall scheme. The importance of the Equestrian Centre as part of the overall functions to be provided in the scheme was noted by Mr O’Connell at the O.H.
4.3.8 Units in Meeting Square It is proposed that the meeting square is linked to the Hotel at a lower ground floor level and it is the main pedestrian access point to both the semi-underground venue and the Horse/Greyhound Racecourse venues. It will also open up to the bank of surface bus and car parking and would be the main entrance to the Tipperary Venue for visitors not staying at the hotel. As originally proposed the meeting square was to incorporate a cluster of Retail Units around a large 88m diameter circular landscaped plaza. The EIS provides that the design concept of the meeting square emulates the Irish Ring fort form creating an earth mound around a protected enclosure. These are to be single storey buildings with mounded exterior. It is provided that the plaza is predominantly external, connecting with the surrounding rural environment, however there is a large glazed canopy over the retail units, allowing access during all weathers. It is not considered that this area in view of its low height and central location within the development will have a negative impact on the landscape.
In view of the perceived impact of all the considerable amount of additional retail in the proposed development the C.F.I requested the applicant to revise their proposals to omit all retail floor space outside of the 6no. units associated with the hotel development or to make alternative proposals for the area. In response McGill Planning provided that the applicant proposes to omit the retail use from the proposed Meeting Square units which had accommodated 31no retail units with a total g.f.a of c2883sq.m. They note that Meeting Square is a key design element in the scheme as it is the main entry point for visitors and sets the initial impression of the venue. Furthermore it is to act as a filter for traffic towards the hotel, indoor venue, racetracks, and golf course from the car parks/bus parks safely within an attractive landscape setting. The applicants propose to maintain a built feature in this location and to replace the retail use with exhibition spaces totalling c2011sq.m. They propose that these units (up to 20) will be made available for a wide variety of businesses and groups associated with the various activities and revised drawings have been submitted.
It is noted that the An Taisce submission is concerned that these exhibition spaces may not be viable and will end up as dead end space. Mr O’Connell for the applicant at the O.H provided that the exhibition space will be associated with major events occurring and host temporary exhibitions. It is considered important that this area as a focal point and main entrance to the Tipperary Venue should be seen as a workable space of public interest, and I am not convinced from the information submitted that this has been demonstrated to be the case. Regard is had to Condition no.20 of the Council’s permission in this respect and it is considered that should the Board decide to permit that this type of condition would need to be included.
4.3.9 The Heliport This is the most westerly of all the buildings and is the only building that will be located on the smaller site area, which lies on the opposite side of the road between the M8 and the R639. The heliport building is to consist of 3 distinctive elements, i.e
PL22.237958 An Bord Pleanala Page 12 of 35 the main block, the services/fuel building and the fully glazed air-control building. It is provided that the stone clad main building has a curvilinear organic shape and the ascending roof height is seeded (sedum green roofing) to allow the building to reflect the overall campus concept of integration with the landscape. Further details of the design and function of these proposed buildings on this separate site are provided in Section 3.4 of the EIS. It is considered that the design and usage of this proposed building and site area has also to be considered in terms of frequency of trips, noise and impact on dwellings in proximity to the site. In this respect the third party appellant Ms Corrigan’s concerns about the impact on the privacy of her home and of noise on the health of her animals were noted at the O.H.
Having regard to impact on landscape, it is noted that the Heliport area will be seen as separate to the main site area, and as such will not be seen as part of the conglomeration of buildings/structures/organic forms within main site development area on the opposite side of the road. It will also be visible from the surrounding road network including the M8 and the R639 and N75 overbridge and its proximity to all these vehicular routes is of note. It is noted that the NRA have concerns that the design of the proposed heliport should not impact on the safety of road users on the M8, especially in respect to lighting, glare and distraction.
4.4 Design response and Recommendations It is noted that the Planner’s Report provides that the design of the scheme has been subject to extensive consultation with the P.A and the applicant, in recognition of the scale and size of the proposed development. They consider that the architects have been sympathetic in their design and with the architectural quality of the proposal together with the mitigation measures proposed within the designs of each of the buildings, incorporate many measures, which will serve to reduce the perceived scale and massing of the development. Also of note is that in the C.F.I submitted, Fearon O’Neill Rooney Consulting Engineers provides in S.6.3.1of the Flood Risk Assessment that the finished floor levels and external ground levels have been raised substantially to protect the development from the risk of flooding. While the Council accepts that the proposal will have an impact on the rural area, they consider that having regard to the scale of the proposed development that no site within an urban context could accommodate the development and it would not negatively detract from the existing character of the rural area. This was reiterated in the O.H by Mr O’Connell in response to questioning by Mr Nicks of An Taisce, he provided that the proposed development in view of its size and functions could be better located in the rural area that had readily available and underutilised roads infrastructure, rather than in an established urban area where it would be inappropriate in scale to the character of the area and cause congestion.
It is considered that taking into account the mitigation measures, landscaping, mounding etc. proposed that the overall visual impact the proposal seeks to achieve is to produce a design concept that in part attempts to be organic and integrate the proposed development into the landscape, while allowing the Neo-Classical building forms to be more dominant features. In reality the visual impact on the landscape of these organic type shapes/forms, will be views of mounds of varying heights and sizes and of part of the structures of the buildings within and rising above these mounds depending on the elevation viewed, in what is now a relatively flat rural landscape. In view of the height and massing of some of these buildings such as the hotel building it
PL22.237958 An Bord Pleanala Page 13 of 35 has to be queried whether this unique form of development will produce an integrated design concept that will not appear overly dominant and alien in the countryside. It is also noted that if the organic emphasis on design was not included that the proposed buildings would appear very dominant in this rural area. In this regard Section 5.3.7 of the EIS provides that if all major buildings were to be constructed on the existing topography than they would be up to 10 metres more prominent on the landscape.
Regard is also had to the diversity in design concept including the Hoban Memorial Building as a replica of the Whitehouse and the proposed New England mid 18th century style chapel. It is noted that a key issue in the design concept is to provide space and landscaping around each building to allow them to have a more distinctive identity, which is considered important in view of their size and massing and as the style of the buildings differ and may not integrate well as a particular theme. It is noted that An Taisce refer to the Landscape & Visual Assessment submitted as part of the F.I. They query whether there will be an issue with a development that consists of many different components some of which are intentionally designed to be visually stimulating. They query whether the visual impact of a replica of the White House will be visually intrusive. While variety and innovation in design is to be encouraged, the issue is whether these varying design concepts, will appear at odds with each other or will form an integrated design concept in this rural location. It also needs to be considered whether they will not detract from but rather improve or add to the overall visual amenity of what is now a relatively flat featureless unpopulated rural landscape.
Having regard to the above the Board may consider that cumulatively the proposed design concept would produce an excessive form of overdevelopment leading to a resort casino type development which would be out of character and context on these unzoned rural lands and decide to refuse on this basis. Also they may decide that the neo-classical intentional monuments and the neo paleotechnological methods of construction will produce a variety of conflicting building forms seen in part as organic shapes and variety of mounds that will not appear visually well integrated as a design concept or into the landscape as a whole. Some of the landmark buildings may be considered overly visually obtrusive such as the Hoban Memorial building, and the Hotel building and by reason of visual impact, height, design and massing, detract from the rural setting of the environment in this area not in proximity to an existing urban settlement.
However if the proposal is to be considered positively as noted in the documentation submitted and the details given at the O.H, it is provided that the essence of the proposed development is to be its integrated nature leading to its sustainability. This is also the feature of its proposed energy centre that is designed to be innovative in form and to provide sustainable energy for the various uses on site. However it must also be considered that if the totality of the development is incomplete its success and impact on the landscape, would not be as envisaged. Therefore it is considered that if the Board decides to permit that the development should be seen cumulatively as the sum of its parts and it is recommended that all of the proposed component buildings and the associated functional uses be included within their respective landscaped settings. Also it is recommended that phasing should be conditioned, to provide for completion of the development.
PL22.237958 An Bord Pleanala Page 14 of 35 It is noted that while construction management is referred to in conditions, the Council’s permission does not include any particular design based conditions and this appears to be based on the amount of detail submitted during the course of the application. I would however, recommend the inclusion of the following conditions should the Board decide to permit:
Condition Details of the materials, colours and textures of all the external finishes to the proposed buildings shall be submitted to, and agreed in writing with, the planning authority prior to commencement of development. Reason: In the interest of visual amenity.
Condition The development shall be carried out on a phased basis, in accordance with a phasing scheme, which shall be submitted to, and agreed in writing with, the planning authority prior to commencement of any development. Reason: To ensure the timely provision of services, for the benefit of the users of the proposed development.
Having regard to the functioning of the exhibition space I would also recommend the inclusion of Condition no.20 of the Council’s permission.
5.0 LANDSCAPE/VISUAL IMPACT
5.1 Topography The site is situated at the northeastern portion of the mid-Tipperary lowlands, within the Suir Catchment of the South Midlands. The terrain within this portion of Tipperary is characterised by such craig and tail ridges interspersed with extensive peatland areas. It lies on the northwestern edge of the extensive poorly drained peatland area of Littleton Bog, with its northwestern portion straddling a north- northeast to south southwest orientated crag and tail ridge. The topography of the area ranges from 129.5m OD in the northwest sloping to 121m OD in the forested bog to the south of the site. The site is drained by the Derheen and Clover rivers in the east and by a series of drains in the northwest and south of the site. Elevations within the craig and tail portion of the site rise to 130m AOD just south of Noard House, but are generally in the range 122m-127m AOD. On the flatter peatland the land also rises to c.125m AOD in portions of uncut bog on the site, but the majority of the land is within the range 122m-124m AOD. (S.5.3.3 of the EIS). The southern two-thirds of the site are mapped as being underlain by cut and drained peatland soils, with the northern third being dominated by deep well-drained mineral soils derived mainly from limestone parent materials. The site is underlain by both rocks of the Waulsortian Limestones (WA) and of the Ballysteen Formation (BA). Both rock formations were deposited during the Lower Carboniferous Period (354 to 299 million years ago). No karst features have been found or recorded by the Geological Survey of Ireland within 3km of this site. The subsoil survey confirms the broad classification and descriptions of the soils, subsoils and bedrock. Drawing nos.FCG/2892/500/002 and 003 submitted on the 28th of October 2010 provide a Topographical Survey of the site at Turnpike, Thurles. These provide details of the contours and ground levels and show the location of the existing buildings.
PL22.237958 An Bord Pleanala Page 15 of 35 5.2 Soils and Geology having regard to Construction Detailed Geological investigations were carried out and are included in the Appendices of the Civil Engineering Reports. Section 5.3.4 of the EIS provides that the proposed development will have a significant impact on the soils and geology of the site. The site is underlain by a permeable sandy clay till. Large quantities of till will be excavated in the construction of the Hotel, Event and Grand Stand basements and in forming site platforms and attenuation ponds. Large quantities of filling will also be imported for the construction and in bringing up levels for racecourse, golfcourse, roads, car parking and paved areas for stables, Golf Club and Equestrian Centre. The main impact of the development will be the re-distribution of soil and rock around the site. The central ridge or ‘craig and tail’ feature will be almost completely removed. They provide that in general it is not proposed to remove the peat layer, which exists over a large proportion of the site. Also the removal of thick gravely limestone from above the Waulsorton limestone will increase the vulnerability of the groundwater system (S 5.4 Hydrogeology).
It is provided that Best Practice during construction and on going monitoring will ensure that there is no contamination to groundwaters. Also the construction of elevated platforms for the Greyhound Track, the Stables and the Equestrian Centre and the Golf Club will restore protective cover to the groundwater system in the bedrock. The main carpark, which is elevated above the original ground level, will also offer additional cover. They provide that the water quality would be expected to improve with the reduction in runoff from agricultural activity.
It is provided that the northern section of the site where the main structures are to be located, i.e the hotel, Hoban, Event and Grand Stand has good ground conditions generally where traditional foundation types can be used. It is noted that concern has been expressed by the third parties that the site is part of the greater bog of Allen and is not suitable for horse racing. The southern and eastern sections of the site consist of blanketed bog with a varying depth of peat. The Equestrian Centre, Golf Club, Stables and Maintenance Block are located within an area that will be constructed on piled foundations using precast driven piles of square section. It is provided that the excavated till and soils will be used to cover the landscape areas of exposed rock, road drainage will be diverted to the attenuation ponds and potentially polluting activities will be less.
5.3 Provision for watercourses/attenuation ponds in the landscape The site straddles the R639 (old N8) and lies wholly within the River Suir catchment which is part of the South Eastern River Basin District. This river is approx 8km to the west of this site. There are two main watercourses serving the site, one of which has a tributary joining it. The water courses in the vicinity of the site discharge into the Suir via the Drish and Black Rivers. Close to the northern boundary of the site the Derheen River enters the Clover River. The Derheen River is the main channel draining approx 152ha of the site and approx 500ha of the cutaway bog while the Clover River drains approx 86ha.of the site. Fig.5.4.3.2 of the EIS shows the extent of drainage on the site at present and the area of cut away bog drained by the river as per Bord na Mona advice. It is provided that there is no known history of fluvial or pluvial flooding on the site. The bog on the proposed site is traversed by shallow drains, which remove the water from the upper layers of the bog in the vicinity of the
PL22.237958 An Bord Pleanala Page 16 of 35 drains and also provide a pathway for overland flow to discharge during rainfall events. The bog on site is relatively shallow with peat depths typically in the range of 0.2-2m overlaying a stiff till. It is noted that Littleton bog upstream of the site has been subject to industrial activity over the past 50 years (approx).
The proposed development will require significant changes to the surface water regime on site. The EIS (S.5.4.3.4) provides that it is designed to integrate with its natural environment and particularly to enhance the amenity value of the watercourses. Approximately 750m of the Derheen River is to be diverted away from the course of the racetrack and it will be culverted in four places for access road crossings in one location for the racecourse sprint track and in two further places for major culverts approx.100m long carrying the racecourse over the river. The Clover River will be diverted to meet the Derheen River approx.580m upstream of their current confluence. Approx. 900m of the current course of the river will be filled and replaced with an approx.500m channel to the Derheen River. The EIS provides details of the culverts required, it is noted that 19no. will be required in all. Also the unnamed tributary on the western boundary of the site will be diverted for two short stretches within the proposed carparking area and for a longer stretch where it passes the proposed heliport. An Taisce at the O.H provided that they are concerned about the impact on the natural waterways system all these versions will have and consider that this will lead to a significant change in the riparian environment.
Drawings have been submitted showing Diverted Watercourses and New Culverts, and the location of the proposed Attenuation Ponds and the catchment area for attenuation are shown in proximity to these pond areas. It is intended that artificial lakes will provide natural storm-water attenuation and water reserves for fire fighting. The largest of the ponds are shown centrally located in the racecourse area. An ornamental pond is to be located in the grounds of Hoban House and attenuation ponds A and F are also sizable. The further information response provides that it is proposed to provide a number of open attenuation ponds within the Tipperary Venue project which shall not only be functional but sensitively designed to provide amenity features and wildlife habitats within the parkland grounds. It is proposed to restrict access to these ponds and details are provided including by fencing/rails or viewing platforms with post and handrail. Also the existing attenuation pond at the M8 junction is to be relocated to allow for the construction of slip roads. Mr Ball, Hydrogeologist in the O.H provided that that the water features are seen as a positive part of the integrated sustainable development.
It is noted that most of the proposed golf course is to be constructed on peatlands and that this will require the importation of topsoil giving new ground contours and changed drainage patterns. It is proposed to provide on line attenuation basin in the south of the site to provide some flood storage for large events. This may also provide a level of treatment to water entering the site.
The EIS provides that the attenuation ponds will reduce the peak runoff volume to the level one would expect from an undeveloped site and that it will have a neutral impact on flooding in the area. It is noted that the Planner’s Report provides that approx one third of the site has been identified as being benefiting lands from a flooding perspective. Regard is had to Flood Risk Assessment prepared by Fearon O’Neill Rooney Consulting Engineers and carried out in consultation with the OPW and also
PL22.237958 An Bord Pleanala Page 17 of 35 to the recommendations of ‘The Planning System and Flood Risk Management Guidelines 2009.’ In response to the F.I. request a Hydrology Report prepared by David Ball has been submitted. Other issues include an Environmental Management Plan prepared by Tobin Consulting Engineers, which include additional infrastructural works as part of the A.I response. Mr Ball provided a ‘Summary of Submissions on the Soils, Geology and Water Supply Source’ at the O.H.
5.4 Landscaping Character and Proposals for Integration As shown on the Landscape Character Assessment for North Tipperary 2009 the site is located within the Littleton Raised Bog area which forms a distinctive landscape character area in the east of North Tipperary. This incorporates a thorough assessment of the character, value and sensitivity of North Tipperary’s landscape in order to provide the basis for policy formulation and informed decision making regarding management in the County. The site lies within the mixed arable and pasture lowlands landscape character type, as identified in the LCA. A substantial portion of the site comprises bogland. Table 3.3.1 of this document provides details of Landscape Character types and this includes reference to forces for change, which includes commercial coniferous forestry, turf cutting, and expansion of the built development area. This does not refer to the proposed development uses. An analysis is provided in the EIS of short and medium term impact and notes that the existing landscape is of low to moderate sensitivity. At the O.H Mr McGill considered that the rural location is entirely suitable and that a site of this size is needed for the proposed combination of uses. The applicants consider that the existing and proposed landscaping will assist in integration of the project into what is a moderately sensitive environment.
Section 5.7 of the EIS provides that Murray & Associated conducted a Landscape and Visual Assessment for the proposed Tipperary Venue in August 2009 and an outline of the Methodology is given. In May 2010 this was reassessed to include the revised infrastructural support to the venue. It describes the existing and landscape character and the receiving environment. It is noted that the site currently consists of 110ha approx. of agricultural lands situated in the north western section of the site and 220ha of commercial forestry in the south eastern section of the site. Traversing the site in a southerly direction, the soil type changes from a clay/loam to peat. The agricultural land can be described as undulating in nature and consists of tillage and improved grassland. Other land uses in the surrounding area include agricultural, residential, commercial and peat extraction and forestry. There are forestry plantations that are a feature of this landscape.
The main impact of the proposed scheme will be to change the existing site usage comprising, farming, forestry and bog land with some sporadic residential to a large scale integrated tourism sporting facility. Local residents have concerns that the scale and type of usage proposed would change the entire character of the area forever. It is provided in the EIS that there will be some profound negative short-term impacts associated with the construction works associated with and taking into account the scale of the proposed development in this rural area. Details are provided of impacts during construction phases. With regard to the farmyard and premises of The Tipperary Cheese Company to the north of the site and to the farmyard to the south of the site, it is considered that there may be a temporary negative impact during construction period.
PL22.237958 An Bord Pleanala Page 18 of 35 A Landscape Masterplan has been submitted outlining the high quality of landscaping proposals within the scheme. The aim of this plan is to integrate the buildings within the landscape. The proposed scheme will also incorporate an extensive landscaping proposal and the retention of existing trees/hedgerows to ensure that screening is provided to adjoining land uses. It is noted that the woodland area to the north-east of the site will be retained as a natural buffer to adjoining lands and the existing trees/hedgerows will be maintained and supplemented with additional planting along all boundaries of the site.
Section 5.1.3.5 of EIS provides details to provide an integrated visual impact. This includes native deciduous planting, creation of a parkland setting, riparian planting to specific areas along the riverbanks and attenuation ponds (in conjunction with an ecological consultant) in order to improve the existing riverbank habitat and integrate the new ponds into the landscape. These ponds are to be used for the purpose of attenuation, irrigation and landscaping. It is intended that specific linear design of woodland planting on the Heliport site will seek to focus and frame the views of the Hoban memorial for motorists on the M8 motorway while restricting views to the overall development.
5.5 Arboricultural Impact Assessment Appendix 5.7B of the EIS ‘Tree Survey’ includes an Arboricultural Impact Assessment. This provides that more than 70% of all woodlands are to retained and enhanced with proposed continuous cover woodland management and introduced deciduous woodland edge and pocket planting. It is noted that Coillte Ireland have been planting managing and harvesting the commercial woodlands under their control. Commercial forestry woodlands cover approximately 74.9ha of the 323ha of the site. Only 1no. woodland (W1) is considered of high value due to its mixed native species, mix, maturity and good natural regeneration. There is also young commercial forestry planning which covers approx.115ha of the site, approx. 58% of this planting is proposed to be retained and the remainder is proposed to be relocated on site. Section 1.4.2 of the Landscape and Visual Report dated March 2011 submitted at the O.H provides further details of percentages of trees/vegetation to be removed in order to construct the proposed development. It is provided that at present the visual amenity of the trees on site is considered to be low/moderate and will be increased by additional broadleaf planting, creating access to the woodlands and proposed site levels changes improving internal and external visibility so the affect of the proposed development on the amenity value of trees is considered to be moderate.
The end use of space is to be mainly for passive and active recreation, with formal and informal parkland treatments including continuous cover woodland management. They provide that the building footprints have been located to allow for the least impact and tree removal of significant groupings, specifically the woodlands and the hedgerows of high significance and amenity value and a programme of landscape management will be implemented. Mitigation measures are to include protection measures in accordance with current standards for tress and hedgerows to be retained and additional screen and boundary planting including the planting of 5,000 semi- mature trees throughout. Having regard to integration they provide that it is proposed to install extensive Willow plantations (wetlands) which are to play a significant role in filtration and enhancing the water quality of the Derheen River, its tributaries and
PL22.237958 An Bord Pleanala Page 19 of 35 site surface water in association with consulting engineer proposals. Appendix 1 provides a Tree Survey Schedule.
Appendix 5.7B provides details of the ‘Tree Survey & Hedgerow Survey’ carried out. This survey identifies the trees, hedgerows and woodlands and includes assessment, management, mitigation and protection measures. A number of these are described as being of low and moderate significance to the site and photographs are included. Also for example in S.4.1.33 regard is had to Woodland 1 (W1) and S4.1.42 refers to Hedgerow 39 (H39), S4.1.43 (H43) these are described as being in good condition and considered to be of high amenity value and significance to the site. Regard is also had to the landscaping drawings submitted in particular the Landscape Masterplan, the Tree Status and Tree Protection and Tree Survey drawings. The Landscape and Visual Report submitted in March 2011 provides that additional tree and shrub planting combined with replacement hedgerow planting will greatly increase native tree and shrub quantities and overall plant species on site.
It is considered that a significant increase in broadleaf should be planted on site, as the existing forestry plantations are primarily conifer and do not enhance the colour or variety of planting in the landscape. It is also provided that large areas of land previously degraded due to farming or forestry will have the opportunity to revert to some degree of more naturalistic form, allowing opportunities for native plant establishment. However while all this additional landscaping is considered to be positive it has to be seen that the landscaping is to compliment and screen the proposed development and is not being planted primarily to create an enhanced open public parkland setting.
5.6 Visual impact It is considered that the site is of moderate visual quality with some landscape features of value or sensitivity within its boundary e.g. hedgerows, trees and rivers. It is noted that views in and out of the northern and western boundaries are relatively open while those from the southern and eastern boundaries are more closed due to the existing coniferous woodland. The site will be seen by dwellings in proximity, particularly from the north and west of the site. Appendix 5.7A of the EIS provides illustrations of existing and proposed landscaping and photographs showing existing viewpoints. However it was noted that while a description is given of these views a Key Map showing where these photographs were taken from was not included in the EIS. In response at the O.H Ms O’Donohue provided a Key Map showing the photo locations and views.
The site at present particularly when viewed from the R639 appears as open countryside with sporadic ribbon housing. There are views to the Slieveardagh hills located approx 4km in the distance to the south east, and these are seen in the background to the site. The proposed development particularly the taller more substantial buildings such as the Casino hotel and grandstand buildings and the Hoban Memorial will appear very visible in the area and will be seen in part also across countryside from the M8, the N75 overbridge. It was noted on the site visit that windfarm turbines can be seen in the distance to the northeast of the site. Section 4.4.1 of the EIS provides that it is the intention of the applicant to provide a wind turbine on site under a future application in accordance with the sustainable energy strategy for this proposed scheme and this was reiterated by Mr. O’Connell at the O.H.
PL22.237958 An Bord Pleanala Page 20 of 35 The proposed development will be visible from housing sited in proximity with access to the R639. This is further described in Section 1.4.3 of the Landscape and Visual Report dated March 2011 and presented at the O.H, where 35no. houses in the local area were classified as Sensitive Receptors. A map showing the location of these receptors relative to the site has been included with this Report. It was noted at the O.H that the third party appellant Ms Corrigan’s house was classified as one of these. Ms O’Donohue in response provided that in the short term their house would be moderately affected and having regard to mitigation landscaping measures to be adopted in the long term it would be slightly affected and provided details of the methodology of carrying out the assessment. She noted that the short-term visual impact had been taken into account in the assessment. The Report provides that predicted visual impacts occur where the vantage point (i.e dwelling) is located close to the site and the views are blocked or the visual environment is affected. It provides that views are limited for these receptors for the most part to been less than 500m from the site. While there will be less of a view from the road to Littleton to the south, this is taking into account distance from properties and the forestry plantation screening. I would consider that this is relatively conservative and note that the location of the receptors is shown in proximity to the R639 and N75 to the north west of the site, with none to the south.
The Hoban White House will be a particularly prominent feature. S5.7.1.12 of the EIS provides that the proposed development consists of many different components some of which are designed to be visually stimulating and others which are intended to recede, as though they have grown out of the existing landscape tapestry. Also that a large proportion of the existing woodland and hedgerows will be retained and that the site will be more formal as in an English landscape.
At the O.H Ms O’Donohue provided that photomontages showing the proposed development in the context of various viewpoints in the landscape had not been submitted. The applicant has submitted both scaled models and 3D Images showing the proposed Tipperary Venue. This gives a view of the completed development integrated with landscaping. However I would consider the lack of such photomontages does not provide the viewer with an image of what the proposed development would look like from various vantage points looking towards the site taking into account the topography of the landscape. For example it is noted that no account was taken of views from New Birmingham to the south east which is at a higher vantage point, and that the proposed development will be visible from various points along the Littleton to New Birmingham Road to the south.
At the O.H it was noted that An Taisce are concerned that the proposed development will radically change the rural character of the area. The EIS provides that no prominent view will be affected but that the skyline will be disrupted. Also that in considering the overall cumulative effects of the development the longterm landscape impacts would be slight to positive, due to the cohesive land use, the retained landscape features and the distinctiveness introduced by the green landmark buildings in an attractive visual environment.
PL22.237958 An Bord Pleanala Page 21 of 35 5.7 Lighting and impact on the Landscape At present as the area is rural and not in proximity to any larger settlements the night sky is dark, this proposal will change and impact on this. Drawings have been submitted showing lighting and illumination spill layout for the racecourse, greyhound track, driving range etc and consider impact on the countryside and night sky. It is noted that local residents have also expressed concern about significant light overspill, which they consider would be an issue both from ecological and amenity points of view. Section 1.6 of the Landscape and Visual Report March 2011 notes that the lighting specification will have designed out light trespass however there will be artificial lights present in some sections of the site where no external lighting was previously visible. This results in a permanent change in the character of the site due to the presence of the proposed development. They provide that matured boundary screen planting will reduce the perceived level of lighting on the site.
In response to the F.I request a ‘Noise Impact Assessment’ prepared by Tobin Consulting Engineers and a ‘Site & Sports Lighting Proposal Mitigation Measures’ document prepared by Homan O’Brien Associates has been submitted. The Council’s Environment Section was not satisfied that given the scale of the proposed development that the potential light pollution assessment is sufficiently detailed. They requested that the applicant submit a revised Light Impact Analysis to provide a rigorous and comprehensive analysis of the developments lighting scheme proposal and deal with the technical and environmental issues and mitigation measures proposed. They provide that this analysis have regard to ‘Technical Report-Guide on the Effects of Obtrusive light from Outdoor lighting installations’ –CIE 150:2003 and be accompanied with clear illustrative drawings and 3D rendered visualisations subject to identified sensitive locations. It is recommended that should the Board decide to grant that a condition should be imposed to monitor the nature of lighting associated with the development and the extent of the light overspill.
5.8 Conclusion and Recommendations on Landscape and Visual Impact It is noted that the Landscape and Visual Assessment Report has been reviewed in the F.I. submitted in July 2010 and in the Report submitted to the Oral Hearing in March 2011. Section 1.6 of the latter Report has regard to the Residual Landscape and Visual Impacts (after mitigation). It is noted that the agricultural lands will now contain permanent built structures and their associated infrastructural elements, including roads layout. The Landscape and Visual Assessment considers that in the long term (c.20years) the proposed development with associated landscaping will integrate well into the existing landscape and its cumulative landscape effects will be positive. It provides that there will be new opportunities for people to use the proposed parklands and woodlands for recreation and enjoy its enhanced amenity value. Mr O’Connoll provided at the OH that one of the community benefits that will arise will be accessibility for the community to the site, although he reiterates that this will be a secure access so that the site does not become a place for inappropriate use. The site will then become an accessible landscape for passive and active recreation, which it was previously closed to.
While regard is had to this longterm integration, this depends on the successful implementation and maintenance of the project and the existing and associated landscaping. It is considered that initially until the landscaping has been implemented and matured that the construction phases of the proposed development, will
PL22.237958 An Bord Pleanala Page 22 of 35 significantly alter the appearance of the rural landscape of the site and will have a negative impact on the visual amenity of the area.
However if the Board decides to grant permission I would recommend that the following conditions concerning landscaping issues and having regard to lighting on the site be included:
Condition The landscaping scheme shown on The Landscape Masterplan 1, drg no. 1483-MP- 01-REV.E 1, as submitted to the planning authority on the 19th day of July 2010, shall be carried out in accordance with details of the phasing of landscaping be agreed in writing with the planning authority, prior to the commencement of development. Details shall include the following: (a) A planting schedule providing details of the location and species to be included. (b) Details of earthworks to include plans and sections showing the proposed grading and mounding of land areas, including the levels and contours to be formed. (c) The relationship of the proposed mounding to the existing vegetation and surrounding landform. (d) Details of any boundary treatment. All planting shall be adequately protected from damage until established. Any plants which die, are removed or become seriously damaged or diseased, within a period of 5 years from the completion of the development, shall be replaced within the next planting season with others of similar size and species, unless otherwise agreed in writing with the planning authority. Reason: In the interests of visual amenity.
Condition A schedule of landscape maintenance shall be submitted to, and agreed in writing with, the planning authority prior to commencement of development. This schedule shall cover a period of at least 5 years, and shall include details of the arrangements for its implementation and the future management of landscaping on the site. Reason: To provide for the satisfactory future maintenance of this development in the interest of visual amenity. Condition Public lighting shall be provided in accordance with a scheme, which shall include lighting along pedestrian routes through open spaces details of which shall be submitted to, and agreed in writing with, the planning authority prior to commencement of development.
Reason: In the interests of amenity and public safety.
PL22.237958 An Bord Pleanala Page 23 of 35 6.0 CONSIDERATION OF SCREENING FOR APPROPRIATE ASSESSMENT
6.1 Impact on Ecology and Habitats Section 5.2 of EIS refers. Section 5.2.3.1 provides that most of the site consists of fields of improved agricultural grassland which have been reseeded. The southern part of the site is based on cutover bog and includes a little high bog in the southwest corner. Section 5.2.4 provides that much of the site has very little ecological interest being intensive farmland and/or planted woodland. However it is noted that the site includes some more rare species and that the swallow is the main interest in the birdlife as it is of medium conservation concern. It provides that none of the habitats that occur are listed in the EU Habitats Directive. No part of the site is included in an ecological designation (pNHA, cSAC or SPA). The nearest such sites are west of Thurles and Tipperary town and at an equal distance, Urlingford in Kilkenny.
The potential impacts from the development arise during site clearance, peat removal and/or disposal, filling and building. These may be categorised as habitat loss and potential water pollution. In operation the development will create disturbance in a currently remote area and also give rise to sporadic peaks in wastewater. Section 5.2.6 of the EIS provides details of proposed mitigation measures. It is also noted that there are currently 6no. septic tanks on site serving the cottage, Noard Building and warehouse building. There is no public foul sewer network in the vicinity of the site to adequately serve the proposed development. The maximum daily hydraulic foul discharge from the proposed development is estimated to be 2,400PE (S5.4.4.3 of the EIS). They provide that the optimum solution as agreed with the local authority for the proposed development is to provide an on site treatment system that will discharge to an area of wetland and a very high standard of effluent into the Clover River. There is some concern about possible pollution risk of the Clover River on site and also any impact on the Black and Drish rivers, which while mitigation measures are to be put in place, if it occurred could have a serious negative impact on the ecology of these rivers. Due to the semi-stagnant nature of many of the site drains an ecological assessment has found that the water quality is poor by virtue of the invertebrate communities of the river and drains. The water quality is largely influenced by the runoff from the cutover area of Littleton Bog. The EIS notes that the discharge of this runoff is allowed under IPPC licence.
It is provided that some improvements will be made including that a riparian zone will be built into the landscaping of the golf course around the Derheen so as to improve the channel for aquatic life and limit inputs from managed parts of the golfcourse. S5.7.1.9 of the EIS provides that the riparian habitat along the existing rivers on site will be enhanced also in conjunction with an ecologist.
The Southern Regional Fisheries Board is concerned that this type/scale of development has the potential to significantly impact on aquatic life if they are not carried out in an environmentally sensitive manner. They are prepared to consider the diversion or re-alignment of the watercourses within the site with the re-establishment of salmonid habitat in the diverted/re-aligned channel. They request a condition that the designs for any proposed new channel be approved by the Board and that no instream works be undertaken without prior consultation and approval by the Board. They recommend provisions to create a riparian habitat in diverted watercourses and consider that the riparian buffer zone along that part of the site that bounds the Clover
PL22.237958 An Bord Pleanala Page 24 of 35 river should be a minimum of 5m along each bank, preferably 10m. They provide that the use of fords is not acceptable due to the level of uncontrolled sediment that can be generated by their uses. They also request a condition regarding dates for the works and that the cost of such de-stocking operations will be borne by the developer. They provide that the method of abstraction rates from watercourses to ponds should be agreed with the SRFB and would prefer that such abstractions would not be necessary and that all water requirements would be met on site by surface water drainage. They also refer to waters used in fire fighting and consider that such effluents could have serious detrimental effects on the receiving aquatic environment should they discharge to surface waters. They recommend that mitigating measures be provided for care for the aquatic environment during the construction phase and as provided in section 5.4.3.6 of the EIS that works are in accordance with “Maintenance and protection of the inland fisheries resource during road construction and improvements works-requirements of the Southern Regional Fisheries Board.” It is noted that the applicants provide that the works will be designed in consultation with the SRFB and that the proposed channel diversions of the waterways will provide an opportunity to enhance the fisheries potential of the river. Condition no.18 of the Council’s permission recommends protection of the riparian zones along all rivers and streams within or bordering the site and I would recommend the inclusion of this type of condition should the Board decide to grant.
6.2 Impact on Designated Sites There are no designated Natura sites present in the study area. The EIS provides that the Derheen and Clover rivers flow through the site and are in the catchment area for the River Suir (although neither is a main tributary). The nearest designated sites to the proposed development are the lower River Suir below Thurles which is a cSAC (site code 002137) and also a nutrient sensitive river. This cSAC includes Cabragh Wetlands beside the Suir approx.10km west of the proposed development. Having regard to the DoEHLG Guideline document ‘Appropriate Assessment of Plans and Projects in Ireland’ 2009, and taking into account the scale of the proposed development and the proposed waste water treatment the applicant was requested by the Council to prepare an Appropriate Assessment document for the site. This is to have regard to the precautionary principle which provides that where doubt exists about the about the risk of a significant effect on the environment an Appropriate Assessment must be carried out. The obligation to undertake an appropriate assessment derives from Article 6(3) and 6(4) of the Habitats Directive, which are concerned with possible significant effects on the environment and involve a number of steps and tests that need to be applied in sequential order. A Natura 2000 Site Assessment ‘Finding of no significant effect Report’ prepared by Tobin Consulting Engineers has been submitted on behalf of OCM to determine if treated discharge associated with the proposed Tipperary Venue Project has the potential to adversely impact on sites designated as European Conservation Areas known as Natura 2000 sites. The aim is to determine the appropriateness or otherwise of the proposed waste treatment plant and other measures proposed in the EIS for this project, in the context of conservation objective of Natura 2000 sites in the vicinity of the development, which may be potentially impacted. As per S.5.4.3.4 of the EIS it is provided that wastewater from the site will be collected and treated at an on-site treatment plant and details of discharge and the assimilative capacity of the receiving
PL22.237958 An Bord Pleanala Page 25 of 35 waters are provided. It is noted that any failure of the treatment process has the potential to pollute the Clover River and to also impact on the Black and Drish Rivers. Details are provided of mitigation measures during construction and operation phase and these include water quality monitoring.
It is noted that the Council have included a Habitats Directive Assessment Screening Report of this Natura Site Code:002137 lower River Suir cSAC and have regard to the Site Synopsis, provided in Appendix A of the Natura 2000 Site Assessment. The site consists of the freshwater stretches of the River Suir immediately to the south of Thurles and tidal stretches as far as the confluence with the Barrow/Nore immediately east of Cheekpoint Co. Waterfored and many tributaries including the Clodiagh in Co. Waterford and the Lingan, Anner, Nier, Tar, Aherlow, Multeen and Clodiagh in Co. Tipperary. Habitats include Annex 1 and 11 E.U Habitats Directive including alluvial wet woodlands, Yew Wood, floating river vegetation, old oak woodlands etc. The site is of particular interest for the presence of a number of Annex 11 animal species, including the Freshwater Pearl Mussel, Freshwater Crayfish, Salmon, Lampreys, Smelt and Carp. It also supports several other animal species, which are listed in the Red Data Book including Daubenton’s Bat, Natterer’s Bat, Pipistrelle, Pine Marten, Badger, Irish Hare. The site is also of ornithological importance for a number of Annex 1 (EU Birds Directive) bird species, including Greenland White-fronted Good, Golden Plover, Whooper Swan and Kingfisher.
The applicants provide (S.5.4.3.12) of the EIS that the proposed wastewater treatment plant will be continuously monitored to ensure the discharge meets the required standard and that an independent monitoring program for the plant and the receiving water will be agreed. However it is proposed to discharge the final treated effluent to the Drish River, which ultimately discharges into the Lower River Suir cSAC (Site Code: 002137). This site has been selected for sensitive aquatic receptors, which may possibly be impacted by poor water quality, including salmon, sea lamprey, freshwater crayfish etc. The Report provides that no other Natura 2000 is likely to be adversely impacted. Stage 1 provides Screening for AA and that the prescribed treatment system and monitoring proposed in the EIS is designed to rule out any significant impacts on the Drish River and consequently sensitive aquatic receptors in the Lower River Suir SAC. As part of the Council’s A.F.I request they noted that the applicants have revised the proposed treatment plant on site with outfall now proposed to the River Drish at ‘Drish Bridge’, located to the west of Twomileborris (with new pipe to be laid along the N75). The discharge point is located 5km upstream of the River Suir, which is a Natura 2000 protected site, cSAC. The mitigation measures proposed include additional safety measures in the form of wetland storage area in case the wastewater treatment temporarily breaks down (worst case scenario). The Report provides that it is likely that these procedures are adequate to avoid any adverse impacts arising to the River Suir SAC. It concludes that should the mitigation measures detailed in the EIS and the wetland system detailed therein be adhered to during the operational phase of the development, then the ecological integrity of the Lower River Suir will not be adversely affected. They provide that hence there is no requirement for further stages in the AA process.
An Taisce note that the proposed discharge location to the Drish River is approximately 5km upstream of the Lower River Suir cSAC (Site Code:002137) and are concerned whether this may be an issue. They are concerned that the treatment
PL22.237958 An Bord Pleanala Page 26 of 35 system to be installed will impact on ecological quality and assimilation capacity of the Drish River. Also that the effectiveness of this system will require careful monitoring and maintenance, including aquatic monitoring at the discharge location on the Drish River. They query whether there are back up plans if the water treatment system fails and causes indirect impacts to species such as the Kingfisher and the downstream Lower River Suir cSAC. They also have some concerns about online monitoring of the Virotec Filter before discharge to wetlands will determine whether the effluent meets the discharge consents. They note that it is provided that if it fails to meet requirements that it will be re-circulated back to the primary settlement tanks and passed through the treatment process again. They consider that the protection of the Lower River Suir cSAC depends upon it.
It is noted that the Planner’s final Report provides an ‘AA Conclusion Statement for Planning Applications’ and concludes that the PA is satisfied that, based on the information submitted, the proposed development will not have a negative impact on the Natura 2000 site ie Lower River Suir SAC. They also provide that the Council’s Environment Section is satisfied that the applicant has adequately demonstrated that the proposed, treated-effluent discharge to the Drish River at the N75 Bridge location will not significantly impact on the assimilative capacity of the River Suir. They provide that mitigation measures to achieve this will be secured, implemented and monitored by way of planning conditions and also that a Section 4 Discharge License will be required as part of this development.
At the O.H regard was had to the EIS, which noted that the proposed wastewater treatment would only have a slight negative impact on the chemical water quality of the river while not exceeding the current water quality standards. The Inspector queried as to how this complied with the Surface Water Regulations in the terms that there will be a slight deterioration, slight negative impact. Mr O’Keeffe of Tobin Consulting Engineers noted that the EPA Surface Water Report regarded the Drish river is of poor quality so it is not currently achieving good status having regard to Bord na Mona activities and Lisheen Mine which discharge upstream. However their sampling showed a slight negative impact from the proposed development but they were still within the ammonia concentration limits set in the Surface Water Regulations for good status. He advised that their ecologist found that the water quality is improving that while prior to 2009 the EPA classification was poor but that it is now moderate. Having regard to the AA they found that the Drish river where they are discharging is capable of assimilation of the chemical discharge and that there was no impact on ecological downstream of their discharge. The Inspector referred to Article 5 of the European Community Surface Water Regulations, with regard to it not being allowed to knowingly allow deterioration/slight negative effect to the receiving waters. Ms O’Dwyer Environmental Scientist with the Council referred to the Water Framework Directive and noted that article did not have to be strictly adhered to until 2021, which would allow some leeway on the limits set for chemical discharge to the water body. They consider that this is not a pristine water body and that with the treatment system proposed, there should be no impact on the water body and that they should be able to get it back to good status by 2021. They therefore consider that the requirements of Article 5 have been met. It was also noted by Mr O Donnell that a Discharge Licence will be applied for in this case under the Local Govt Water Pollution Acts 1977-1990.
PL22.237958 An Bord Pleanala Page 27 of 35 6.3 Conclusions and Recommendations regarding AA Regard is had to the information submitted including the Natura 2000 Site Assessment ‘Findings of No Significant Effect Report’ and the Planning Officer’s ‘Appropriate Assessment Conclusion Statement’. Having regard to the details submitted I would concur that provided the mitigation measures detailed in the EIS and subsequent documentation submitted including the wetland system detailed therein are adhered to during the operational phase of the development, then the ecological integrity of the Lower River Suir SAC will not be adversely impacted.
7.0 CULTURAL HERITAGE
7.1 Potential impact on Archaeology/Cultural Heritage Section 5.8.5 of the EIS refers to Cultural Heritage. This notes the archaeological history of the general area and describes the Recorded Monuments in the vicinity of the site. Regard was also had to policies in the North Tipperary CDP 2004-2010. The EIS provides that there are no recorded archaeological sites within the boundaries of the proposed development area. There is a recorded rectangular enclosure (TN042- 054) outside the north eastern corner of the proposed development, which is the nearest recorded archaeological site, and there are no upstanding remains of this enclosure, although it can be clearly made out in the field surface.
The description of archaeology in the EIS notes there are a number of Bronze age and early medieval secular and monastic sites distributed throughout the area. The closest early medieval ecclesiastical monument to the study area is Leighmore Church (TN042-05501-05) a national monument located c.850m to the west and c.630m north of the proposed development area (Fig.5.8.5.1). This area, which is outside the site is described as an ecclesiastical archaeological complex. Other monuments in the area include a later Church (TN042-05503) is located to the south of the early church. Monuments including ringforts have been recorded in the vicinity of Twomileborris and Littleton. The EIS provides that a non invasive site inspection of lands being impacted by the proposed development was carried out in March 2009 to access the archaeological/historical features of the landscape. It concludes that the proposed development will not impact adversely on these National Monuments.
It is noted that the proposed development lies within an archaeologically rich landscape comprising both a dry and wetland topography that has been inhabited for at least 4000 years. The EIS provides that Archaeological investigations in advance of the M8 to the north of the proposed site have identified several hitherto unknown archaeological features supporting evidence for prehistoric, medieval and post- medieval settlement. This would suggest a greater density of archaeological activity in the area than the standing monuments (RMP sites) alone would indicate and it is considered that there is potential for archaeological features/finds in the area. The Littleton Bog complex is considered to be a significant archaeological resource, although it is noted that the section of bog within the site area has been extensively disturbed by forestry plantation and deep drainage, which is likely to have had a detrimental impact on archaeology of the area. However the potential remains for previously undiscovered subsurface items/features.
The EIS provides that where possible archaeological inspection and resolution will take place in advance of the construction of the proposed development. A geophysical
PL22.237958 An Bord Pleanala Page 28 of 35 survey in greenfield areas is also recommended in advance of ground preparation works. A description and mitigation measures for wetland areas are also provided. Also a licensed archaeologist will ultimately be required to monitor all ground works and monitoring will be carried out under a licence from the DOEHLG. In conclusion it is provided that no residual impacts are envisaged as all archaeological and cultural heritage issues will be resolved at the pre-construction and construction stages of the development. Also the developers are aware of their obligations under the National Monuments Legislation and will comply fully with the statutory authorities on all pre- construction archaeological investigation requirements.
It is noted that the documentation submitted with the Cultural Section of the EIS shows that the site was only partially surveyed. As part of the F.I and A.F.I requests the applicant was requested to submit an Archaeological Assessment of the site area. The Department of the Environment Heritage and Local Government note that Section 5.8.5 of the EIS refers to Cultural Heritage and was prepared by Margaret Gowen & Co. Ltd Archaeological Consultants. The proposed development is located southwest of recorded monuments TN042:054 rectangular enclosure (site) and TN 042:055 archaeological complex, which are subject to statutory protection in the Record of Monuments and Places established under section 12 of the National Monuments (Amendment) Act 1994. In addition, the latter monument (TN042:055) is a National Monument (no.266) and the archaeological complex at Leigh (Liathmore) consists of two churches, round tower, sheela na gig and a deserted settlement. They consider the OPW may wish to comment with regard to any potential impact the proposed development may have on the National Monument. They noted that the archaeological assessment carried out involved documentary research, cartographic research and fieldwork but noted that no geophysical survey (for archaeological purposes) or archaeological testing had been carried out within the proposed development area. They recommend that due to the large size of the site 330ha and the scale of the proposed development that this be carried out to assess the potential impact, if any on archaeological remains prior to any decision being made. They have regard to Policy ENV 43 in Section 4.9.4 of the NTCDP 2004, which provides for Protection of Archaeology and it is noted that this is reiterated in Policy HERT 26 Section 8.4.6 of the NTDP 2010-2016. They recommend that an Archaeological Impact Assessment be prepared and submitted and provide details of how it should be complied.
In response to the F.I submitted the DoEHLG noted that the required archaeological assessment report has not been completed on site to date (27th July 2010) and that no detailed report has been submitted for comments. The applicant has submitted an Update Report prepared by Margaret Gowen & Co. Ltd detailing the Geophysical survey being carried out on the site. The DoEHLG noted that the progress report also notes that a licence application for archaeological testing was submitted to them and the National Museum of Ireland on the 15th of July 2010. They considered that an archaeological assessment progress report not to be sufficient and that a detailed archaeological report should be submitted. It is noted that in response to the further information Margaret Gowan & Co. Ltd, Archaeological Consultants and Project Managers submitted copies of the Archaeological Test Excavation Phases 1 and 2. Map no.10043-R1 shows the extent of both these areas.
PL22.237958 An Bord Pleanala Page 29 of 35 7.2 Archaeological Assessments Phase 1 and Phase 2 Phase one refers to that part of the larger site area tested on the south side of the R639. Section 6.1 of Phase 1 provides that archaeological sites identified during testing are likely to be impacted upon by ground reduction and landscaping works. Preservation by record of these sites could be achieved by means of archaeological excavation in advance of construction works. It provides that archaeological monitoring of ground reduction works is likely to be required in order to identify any archaeological remains that may exist in unopened areas. In s.6.3 it is provided that the wetland and afforested areas of the site were not available for testing and archaeological monitoring of ground reduction works in these areas is likely to be required in order to identify any archaeological remains that may exist there. Section 7.5 provides that there is a high possibility of other archaeological features surviving outside the test trench locations and that archaeological monitoring will be required to ensure that any remains can be identified and recorded during construction programme, completing the archaeological record to the site. Particular attention is required in the north east corner of the Phase 1 development, where the moated site is located just one field away. Section 7.6 provides that areas to the south of the testing area, where the golf course, equestrian centre and the southern end of the race track are proposed, were not suitable for testing owing to the dense tree cover here and that archaeological monitoring of these areas would be required
Phase 2 provides for an archaeological assessment for the development area to the north of the old N8 (R639) road. This notes that the geophysical survey identified an area of response that indicated the potential presence of a burnt mound or Fulacht Fiadh site (pre-historic cooking/bathing/ritual sites) at the south western end of the site. Section 1.6 of this Report provides that a curving field ditch illustrated on the historic maps, was identified as a possible archaeological site and was investigated during test excavations, the test excavations confirmed that this did not form part of an archaeological site. The Report considers that the proposed development will impact on these archaeological sites but that in general the area is of low archaeological potential.
As an Addendum it is noted that it is proposed that the proposed rising main will travel from the treatment plant in Noard townland, through a duct under the M8 and along the N75 passing through the town of Two-Mile-Borris before discharging into the river Drish. This proposed route is in close proximity to known archaeological sites, but the Report provides that they will be unaffected by this. However it considers that there is a possibly other archaeological sites could exist outside of the area surveyed and that the National Monuments Service, DoEHLG will require that all ground reduction works within the development area including that proposed for road works are monitored by an archaeologist. The Inspector sought clarification at the O.H regarding the discharge main to the Drish river and noted the 7.5km distance along the public road. Mr Wolfe SE Engineer in Environmental Section of the Council noted that this length or construction the of pipeline was not unusual and that the work, would be carried out by the contractor.
7.3 Responses concerning Archaeology/Cultural Heritage In response to the CFI the DoEHLG (letter dated 20th of October 2010) provide that it is apparent that clarification is required regarding a number of archaeological issues and the opportunity to request such clarification in advance of a planning decision
PL22.237958 An Bord Pleanala Page 30 of 35 should be provided to the department. They provide comments on Margaret Gowen & Co. Ltd Assessment and note that a geophysical survey and archaeological testing was carried out within an area measuring 109ha (Phase 1 within 81ha and Phase 2 within 27.83ha). They note that the overall proposed development area extends over an area of 331ha and that only one third of the landholding has therefore been archaeologically assessed to date leaving approx.222ha of potentially archaeologically rich land not assessed. They recommend further testing and assessment be carried out. They note that if significant archaeological remains are found, refusal/redesign, might still be recommended and/or further monitoring or excavation required.
Mr Blake notes in his third party appeal submission that significant archaeological finds were discovered in the area during the construction of the M8 and is concerned that such a large scale development can take place in an area that has assumed a greater archaeological importance. An Taisce have some concerns about archaeological issues and note the limited area of the site tested and are concerned whether the phased approach would affect the outcome of archaeological results. They note a National Monument, Leighmore Church (TN042-05501-5) lies c.850m east and c.630m north of the proposed development. They also note that the site lies within an archaeologically rich landscape comprising both dry and wetland areas, that has been inhabited for at least 4,000 years. This was reiterated at the O.H where they are concerned that the landscape will be irrefutably changed by development and this is not replaceable.
The Final Planner’s Report notes DoEHLG and An Taisce comments and considers that given the nature of the uses proposed on the remaining 220ha that it would be appropriate to provide archaeological monitoring conditions. Condition nos. 5-8 of the Council’s schedule of conditions refers. It is noted that these conditions have regard to the DoEHLG (letter dated 20th of October 2010): “Recommended Clarification on Further Information/Archaeological Conditions”.
At the O.H Margaret Gowan gave a presentation on archaeological issues having regard to the methodology and survey work including test excavations carried out in the application and her Brief of Evidence dated March 2011was submitted. This notes in the Mitigation Section that in the green field areas four burnt mounds and other archaeological features identified as a result of the geophysical survey and test excavations will require archaeological excavation and thereby their preservation by record in advance of construction works at the Tipperary Venue. She provided that while a visual survey was carried out, that investigations were not carried out in the wetland/peat or forestry part of the site as this area is currently under forest plantation or is overgrown and inaccessible. Accordingly there remains a potential that previously undiscovered archaeological remains could survive within the peat beneath the rooting level of the trees and these could be negatively impacted by the proposed development. However she considered that the archaeological assessment carried out on one third of the site was adequate and that the development would be adequately archaeologically monitored by conditions and she pointed out that the Council’s conditions were reflective of the DOEHLG advice.
Ms. O’Callaghan and Ms Keene appeared at the O.H for the Archaeological Section of the DoEHLG. They are concerned that over 2/3 of the site has not been surveyed/assessed and that the reference to the visual survey of these peat and forestry
PL22.237958 An Bord Pleanala Page 31 of 35 lands have not been included in the EIS and they have highlighted this to the Council. Some photographs showing this part of the site were submitted. They considered that sufficient archaeological assessment had not been carried out and noted that this would normally be carried out before planning decision stage, and that there are specific archaeological methods for survey and analysis of peat bog areas and that archaeological potential exists in this area. Having regard to Condition no.5 of the Council’s permission they referred to their submission to the Council on 20th of October 2010 and provided that ideally further archaeological assessment should be done in advance of a planning decision, so that there would be opportunity to advise on the more detailed results of the assessment. The conditions that were attached to the grant of permission are similar to what they advised, but they noted that there needs to be an extensive archaeological assessment carried out post planning permission stage and a detailed methodology to be agreed with the National Monuments Service and they refer to Condition no.8. They note that development construction phase cannot commence until the mitigation and monitoring measures regarding archaeology have been set up. Ms O’Callaghan refers to the substantial earthworks that will have to take place to facilitate the proposed development. Ms Keane deals specifically with wetland archaeology and peatland bogs. She noted that the potential for archaeology is quite high in wetland areas and it tends to be site specific, and she notes other archaeological sites found in the Littletown series of bogs. She then provided details of a mitigation strategy for these peatland areas. Having regard to the time period to adequately carry out a survey/assessment for these lands they noted that this would normally be c.2 years.
In this regard Ms Gowan considered that the lands had been adequately assessed having regard to the area tested being in excess of approx 30% of the landholding and the footprint of the proposed development being within 50% of the site area surveyed and that the scope of the mitigation project will be agreed with the DOEHLG. She notes that the area in Phases 1 and 2 Assessments was scanned and that their assessment was very comprehensive in these areas. Also that there is a substantial mitigation exercise to be conducted, and that methodologies would be agreed with the DOEHLG in advance of construction. Where ever possible and land drainage would be a part of this and to be agreed with as the project progresses and she refers to the Brief of Evidence prepared for the O.H. In peatland areas she provides that each location has a very specific topography and set of perimeters used to approach the archaeological mitigation.
Mr O’Donnell notes the conditions imposed by the council reflect the DoEHLG submissions. Ms Gowan notes that the remainder of the site that was not subject to geophysical survey or archaeological test trenching was visually inspected at the time of the EIS but was found to be intensively overgrown and it is currently impossible to access until site enabling works linked to construction are carried out. Ms O’Callaghan notes that this visual assessment was not described in the EIS and that the aim of the National Monuments Service is to ensure that sufficient assessment is carried out in advance of a permission to assess the risk to archaeology and inform the design to ensure that the archaeological is either mitigated or preserved insitu. Ms Gowan considered that the development landholding has been adequately assessed for the permission purposes and that the scope of the mitigation project would be agreed with the DoEHLG well in advance and licensed.
PL22.237958 An Bord Pleanala Page 32 of 35 It is noted that Mr O’Connell later provided that a 7 year permission would give them more flexibility to develop the infrastructure/project and noted that archaeological intervention may take place before the infrastructure can be developed/or they may run in parallel and this could also take place in this more lengthy period.
7.4 Conclusion and Recommendations regarding Archaeology/Cultural Heritage Having regard to the above while it is noted that the Council’s conditions nos.5-8 have been based on those recommended by the DoEHLG in their letter dated 20th of October 2010, as provided above it was the preference of the Department that these archaeological issues could have been dealt with as Clarification of Further Information, prior to permission stage. While Ms. Gowan’s comments about problems of accessibility to the remainder of the site are noted, I would have concerns that such detailed conditions be included in a permission prior to an appropriate archaeological assessment being made on what is approx 70% of this large site area. Regard is had in particular to the possible implications of Condition no.5. It is noted that Section 7.9 of the Development Management Guidelines for Planning Authorities 2007, provides that “the use of conditions requiring matters to be agreed should be minimised, in order to reduce the number of compliance submissions to be dealt with subsequently.”
I would consider that having regard to the above and the discussion at the O.H that there is an unknown yet high possibility of archaeological remains being in situ in this larger area of the site, which has not as yet been subject to an assessment, that the Board may consider that the proposal is premature in this respect, and this could be included as a reason for refusal.
If the Board decides to permit I would recommend that the archaeological conditions be modified to include the following:
Condition The developer shall facilitate the archaeological appraisal of that area of the site not previously assessed and shall provide for the preservation, recording and protection of archaeological materials or features which may exist within the site. In this regard, the developer shall:
(a) notify the planning authority in writing at least four weeks prior to the commencement of any site operation (including hydrological and geotechnical investigations) relating to the proposed development, and
(b) employ a suitably-qualified archaeologist prior to the commencement of development. The archaeologist shall assess the site and monitor all site development works.
The assessment shall address the following issues:
(i) the nature and location of archaeological material on the site, and
(ii) the impact of the proposed development on such archaeological material.
PL22.237958 An Bord Pleanala Page 33 of 35 (c) A detailed report, containing the results of the assessment, shall be submitted to the planning authority and the Department of the Environment, Heritage and Local Government and arising from this assessment, the developer shall agree in writing with these bodies details regarding any further archaeological requirements (including, if necessary, archaeological excavation) prior to commencement of construction works.
In default of agreement on any of these requirements, the matter shall be referred to An Bord Pleanála for determination.
Reason: In order to conserve the archaeological heritage of the area and to secure the preservation (in-situ or by record) and protection of any archaeological remains that may exist within the site.
Condition The developer shall facilitate the preservation, recording and protection of archaeological materials or features, which exist within the whole of the site area. In this regard, the developer shall notify the planning authority in writing at least four weeks in advance of the commencement of development works on the site.
The developer shall also comply with the following requirements:-
(a) archaeological excavations shall be carried out on that part of the site that has not as yet been subject to such investigation. The excavations shall be conducted in an appropriate manner in accordance with the requirements of the Department of the Environment, Heritage and Local Government.
the archaeological excavations shall be carried out prior to the commencement of development or at such later date as may be agreed in writing with the planning authority;
(b) satisfactory arrangements for the execution (or supervision) by a suitably qualified archaeologist of all archaeological excavations, investigations and site development works, shall be agreed with the planning authority.
This archaeologist shall advise on such measures as may be necessary to ensure that any damage to the remaining archaeological material is avoided or minimised. In this regard, the proposed locations of piled foundations, etc. shall be the subject of continuing review and full details of any revisions to the proposed location or levels of pipe caps, ground beams, service trenches or other subsurface works shall be submitted to and agreed in writing with the planning authority in advance of their incorporation within the development;
(c) satisfactory arrangements for post-excavation research and the recording, removal and storage, of any archaeological remains which may be considered appropriate to remove, shall be agreed with the planning authority. In this regard, a comprehensive report on the completed archaeological excavation shall be prepared and submitted to the planning authority and the Department of the Environment Heritage and Local Government within a period of six months or within such extended period as may be agreed with the planning authority.
PL22.237958 An Bord Pleanala Page 34 of 35 This report shall, in particular, include reference to the following matters:-
(i) The evidence (if any) of later medieval occupation or activity on the site.
(ii) The process of initial reclamation and subsequent development of the site,
(iii)The physical topography and natural environment of the site, prior to mediaeval occupation.
In default of agreement between the parties regarding compliance with any of the requirements of this condition, the matter shall be referred to An Bord Pleanála for determination. . Reason: In order to conserve the archaeological heritage of the site, it is considered reasonable that the developer should facilitate the preservation by record of any archaeological features or materials, which may exist within it. In this regard, it is considered reasonable that the developer should be responsible for carrying out properly supervised archaeological excavations in circumstances where the permitted development works would be likely to result in the unavoidable disturbance or destruction of such features or materials.
______Angela Brereton, Inspector, 31st of March 2011
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