An Bord Pleanála Ref.: PL11.240814

An Bord Pleanála

Inspector’s Report

Development: Petrol station, shop, carwash, signage, vehicular access via previously permitted entrance and exit roads (Reg.Ref.05/1297) on Lands adjacent in Togher Interchange, Abbeyleix Road, Meelick, Portlaoise, Co.. Laois.

Planning Application

Planning Authority: Laois County Council

Planning Authority Reg. Ref.: 11/280

Applicant: Midway Developments Co. Ltd.

Type of Application: Permission

Planning Authority Decision: Grant Permission

Planning Appeal

Appellants: National Roads Authority, Paul Dunne Joseph J Warren.

Observers: None

Type of Appeal: Third Party

Date of Site Inspection: 5th of September 2012

Inspector: Angela Brereton

8 An Bord leanala age

1.0 SITE DESCRIPTION AND LOCATION

The application site covers an area of 0.738 ha (1.823 acres) and is located within the overall site of the “Midway” development. This is to the north of the Togher Interchange, which is a major grade separated roundabout interchange on the N7/M7 motorway between Dublin and Limerick in Portlaoise, County Laois. The R922 (Abbeyleix Road) connects the Interchange (Junction 17) to the town of Portlaoise, which is to the north, while to the south, the National Route N77 runs from the Interchange in the direction of Abbeyleix. Further to the south west the M8 (Cork road) adjoins the M7 at Junction 19.

The site comprises of an elongated block of undeveloped residual land located along the western edge of a much larger landholding which has been developed for a mixed-use development comprising of a 90 bedroom hotel, a leisure facility including a swimming pool and a separate food court building with extensive parking facilities for circa 300 no. cars and 6 no. buses. There is an existing large sign advertising the uses/businesses at the entrance to the development within the site area.

The site is bounded to the east by the parking area serving the hotel and food court, to the south by screen planting and the slip road onto the M7 from the Togher Interchange for traffic going towards Dublin, to the west by screen planting which separates the site from the Abbeyleix Road and its junction with the slip road and to the north by undeveloped land which faces the Abbeyleix Road. The existing site is mainly in grass at present with a central area that is partly hard surfaced and is triangular in outline with its narrowest point to the north of the site. The aforementioned screening is outside the site boundaries and is not in the applicant’s ownership. Access and egress to the overall Midway development is in close proximity to Junction 17 to the south and is via separate entrance and exit points sited on the R922 Abbeyleix Road. There is pedestrian access to the site/Midway Centre from the Abbeyleix Road and there is a cycleway within the site.

The land on the opposite side of the R922 from the Midway Development remains in agricultural use and has not been developed as a motorway services area. There are signs for a services area i.e the Midway Centre from the M7 and to the north of Junction 17, these also indicate a petrol filling area, which is currently not provided within the Centre.

Attached to the file are photographs taken on the site visit.

2.0 PROPOSAL

The proposed development consists of revisions to a previously permitted scheme under Reg.Ref. 04/1549 comprising a hotel with meeting facilities and bar and leisure facility and a foodcourt. The current application is all on a site of approx.0.738ha on lands adjacent to the Togher Interchange, Abbeyleix Road, Meelick, Portlaoise. Vehicular access to the proposed development is to be via the previously permitted entrance and exit roads (Reg.Ref.05/1297). Permission is now being sought for a development comprising a petrol filling station (c397sq.m in g.f.a total), which includes the following: • A single storey flat roofed structure which will accommodate an ancillary convenience retail unit (including an off-licence) with a net retail sales area of 100sqm, an office, an ATM console, ancillary storage facilities, a deli prep area and toilets.

PL11.240814 An Bord Pleanála Page 2 of 29 • A forecourt area with 6 no. petrol pumps servicing twelve bays; underground fuel storage tanks, a machine operated car wash facility and a valet service area. • Surface car parking for 4no customer cars. • A bicycle parking area. • A rectangular forecourt canopy, which will extend over the petrol pumps and the fuel delivery area. • A technical building accommodating a wash recycling machine room (22sq.m). • Hard and soft landscaping and ancillary site development works above and below ground.

The following documents were submitted with the application to the Council: - A Planning Submission for the proposed development prepared by Jim Brogan Planning and Development Consultant. - Letters of support from Topaz and the Maldron Hotel. - Stage 1 Road Safety Audit (Feb 2011) prepared by Atkins, which includes a Design Team response to the Audit. - A Traffic Impact Assessment (June 2011) prepared by Atkins. - Outline Specification for Site Services for Midway Filling Station prepared by Thomas Garland & Partners.

3.0 PLANNING HISTORY

There are a number of previous applications on the site and in this area. These are referred to in the Planner’s Report and the most recent of relevance are highlighted below:

Reg.Ref.08/1479: Revisions to previously permitted hotel (04/1549) to add petrol filling station with retail building, car wash, 19 car parking spaces and associated site works on lands adjacent to Togher Interchange, Meelick, Portlaoise, Co. Laois. This was refused by the Council and subsequently by ABP (Ref.PL11.233133 refers) for the following reason:

The proposed development involves a petrol station with retail unit close to the Togher Motorway Interchange, a major strategic interchange on the National Primary Road Network. The Traffic Model submitted to Laois County Council demonstrates that the proposed development would give rise to increased traffic movements and traffic volumes on the Abbeyleix Road and the Togher Interchange. Furthermore, the Road Safety Audit illustrates that the access and egress arrangements to the site and internal movements at the petrol station and adjacent car park would give rise to a traffic hazard. It is also considered that the siting of the proposed development could prejudice any future development of the interchange. It is therefore considered that the proposed development would contravene Policy TR3 of the Laois County Development Plan 2006-2012 which seeks to protect the carrying capacity of the national transportation network and the Board is in agreement with the National Road Authority’s submission that the proposal would impact upon the ‘operational efficiency’ of the Togher Interchange and the adjacent national road network. The proposed development would, therefore, be contrary to the proper planning and sustainable development of the area.

P.A. Reg. Ref. 07/555 : Refers to an application to revise a previously permitted scheme under ref. no. 04/1549 comprising hotel with meeting facilities and bar, leisure facility and

PL11.240814 An Bord Pleanála Page 3 of 29 food court on lands adjacent (northeast) to the Togher Interchange, Abbeyleix Road, Meelick, Portlaoise, Co. Laois. The alterations proposed comprised the development of a petrol station which includes a single storey structure (c. 197 sq.m. gfa total) comprising an ancillary retail unit (c.175 sq.m.) & bin storage (c.22sq.m.) 6 no. island petrol pumps, forecourt, canopy, underground fuel storage tanks, 2 no. car wash facilities and associated facilities including provision of 10 no. car parking spaces. Vehicular access to the proposed development is via the previously permitted entrance and exit roads (Pl. Ref. 05/1297). Permission was refused for 3 no. reasons relating to (1) intensification of use of the inferior existing access arrangements, (2) that provision of a petrol station that does not meet the NRA criteria would be contrary to the proper planning and development of the Inland Port Zone and (3) the proposal would demonstrate a potential erosion of the operational efficiency of the infrastructure and thus has the capacity to undermine a substantial national investment.

P.A. Reg. Ref. 06/1027 : Refers to an application to revise previously granted permission 04/1549 to develop a single storey structure comprising of a petrol station with ancillary retail unit and drive through take away restaurant with seating and bin storage. 6 no. island petrol pumps, and 47 no. parking spaces and all associated development works at lands adjacent to Togher Interchange. Permission was refused by the Council for five reasons. In particular, the proposed development was refused as it was considered to be commercial in content, would therefore contravene the agricultural zoning of the site, it was also considered to contravene an objective of the development plan to locate a motorway service station at the Togher Interchange Inland Port Development.

P.A. Reg. Ref. 05/1297 : Refers to a permission granted to revise the exit road of previously granted permission ref. no. 04/1549 at Meelick, Togher, Portlaoise, Co. Laois.

P.A. Reg. Ref. 04/1549 : Refers to the parent permission on site for which permission was granted for a 4 storey 90 bedroom hotel, consisting of approximately 4226 sq.m. of accommodation with meeting room facilities and bar, single storey (double height) food court, comprising of 5 no. individual units (total area 1457 sq.m.) 2 storey leisure facility (including swimming pool) of total area 1063 sq.m., 300 no. car parking spaces, 6 bus parking spaces on a site of 2.97 ha at Togher Interchange, Portlaoise, Co. Laois. This has been constructed and is fully operational.

Other Relevant Applications : A.B.P. Ref. PL11.215808 / P.A. Reg. Ref.05/1400: Refers to an application for a Motorway services building, petrol filling station, associated car, coach and heavy goods vehicle parking areas and associated roads and infrastructure at Togher, Portlaoise, Co. Laois by Corrigeen Construction Limited. The site is situated west of the current appeal site. This application was made in conjunction with PL11.215859 for a distributor road. Permission was refused by the Board for the distributor road and therefore, the Board considered that it would be premature pending the determination of a road layout for the area, including the National Transport Node objective at this location and therefore the development would be contrary to the proper planning and sustainable development of the area.

A.B.P. Ref. PL11.215859/P.A. 05/1387 : Refers to a proposal to construct a main distributor road at Togher/Knockmay, Portlaoise, Co. Laois by Corrigeen Construction Limited. Permission was refused by the Board as it was considered “ in the absence of a comprehensive statutory planning framework prepared in consultation with the National Roads Authority for the area to be served by the proposed road, including specific land uses, the Board is not

PL11.240814 An Bord Pleanála Page 4 of 29 satisfied that the traffic impacts of the proposed development would not adversely affect the use of a national road by traffic and would not be contrary to national policy to preserve the carrying capacity and protect investment in National Roads and would not prejudice the achievement of the Inland Port objective ”.

P.A. Reg. Ref. 07/2210 : Refers to an application by Corrigeen Construction Co. Ltd to construct a main distributor road, associated services and all ancillary works and alterations to the public highway to tie into the local road network to serve lands zoned under the Portlaoise Local Area Plan 2006-2012 at Togher & Knockmay, Portlaoise. Permission was granted subject to conditions by Council.

Also of note: P.A Reg.Ref.11/331 Permission granted by Laois County Council subject to conditions for Alterations to boundaries of site previously granted planning permission under 08/682 and 07/1346 to include demolition of building, construction of an offline motorway service area and filling station with a HGV refuelling area, shop, restaurant and associated facilities and site works at Oldglass, Grantstown, Ballacolla, Co. Laois. This is now the subject of a current Third Party appeal to the Board Ref. PL11.240927 relates. While this does not relate to the subject site it relates to the provision of a motorway service area and filling station further to the south of Junction 19/1 of the M7/M8 at Junction 3 of the M8.

4.0 PLANNING CONTEXT

Technical Reports

Internal: Environmental Protection: The Report outlines that the Department has no objections to the proposal subject to a number of conditions, which primarily pertain to the proposed petrol station.

Environmental Health, Health Service Executive : The Report states that the Officer has no objections to the proposal, subject to conditions.

The Central Area Office : This provides that reports in previous applications 06/1027, 07/555 and 08/1479 should be consulted in relation to this application. This Report does not object but recommends at least 24 hours water consumption storage, separate water metering, grease trap, and notes that the applicant must apply for a sewer discharge license associated with the proposed food outlet.

The Water Services Section has no objections subject to conditions regarding water and foul drainage.

Chief Fire Officer : The Report states no objections subject to conditions. The petrol station and all associated installation shall comply in full with the Dangerous Substances (Retail and Private Petroleum Stores) Regulations SI311 of 1979.

Roads Design Office : The Report notes concerns about provision of parking for customers, and delivery and servicing of the convenience shop. Also, issues regarding lighting, pedestrian/disabled access and cycleway access to the shop. They recommend further information be submitted regarding surface water drainage and attenuation. They also

PL11.240814 An Bord Pleanála Page 5 of 29 consider that it would be appropriate for the applicant to address the issues raised in the NRA submission, including the issue of road network capacity and traffic modelling in the TIA. They recommend that Stage Two and Three Road Safety Audits be carried out.

External : National Roads Authority : The Authority refers to “ Policy Statement on Development Management and Access to National Roads ” and to the DOEHLG’s ‘ Spatial Planning and National Roads Guidelines for Planning Authorities’. Based on previous applications in this area and on the information provided the NRA has serious concerns relating to the impact and precedence that the proposed development will have on the strategic road network in the area and they provided a detailed outline of their concerns. This includes being contrary to national and local planning policies/objectives, concerns with the adequacy of the information presented in the TIA submitted, issues of congestion and road safety and inappropriate parking for HGVs, bus parking etc. They provide that they would seek to discourage such inappropriate development and would object to the proposed development.

Submissions made include regard to the following: • Road network inadequacies and safety issues due to proximity to the M7 interchange and traffic congestion on the road network and in the immediate area. • Concern that the proposed development will lead to further traffic congestion and that the site is too small to cater for large commercial vehicles, extensive truck parking has not been provided. • Concern that the height of the canopy will allow for HGVs and that barring HGVs, mitigates against this application and is unenforceable. • Concerns that the proposed underground storage of fuel and the size of fuel tanks is excessive. • Oversupply of petrol stations in the town contrary to the Portlaoise LAP 2006-2012 many of which are derelict due to oversupply. • There is no material change in circumstances and previous refusals by the Board on traffic grounds should be upheld. • Assessment of traffic flows and volumes and anomalies within the projection figures in the TIA. • Inadequacies on the motorway intersection and subsequent dangers to road users. Reliance on a future upgrade in 2026 is not an option. • Concern about the creation of a Motorway Service Station lacking adequate facilities on this restricted site and a 24hour service station. There are NRA objections for the provision of a service station. • The close proximity of the development will inhibit any future upgrading of the intersection and approach lanes. • Surface water and flooding in a high risk flood area.

Planner’s Report: This notes the reports received from the Roads Section of the Council and the NRA and the concerns expressed therein. Regard is had to planning policies and standards in the Laois CDP 2006-2012 and the Portlaoise LAP 2006-2012 as amended. The Planner notes the land use zoning of the site and considers that this development does not purport to be a Motorway Services facility and does not cater for HGV Traffic. They considered that subject to relevant environmental and traffic safety issues being satisfied, the development is acceptable in principle at this location. Having regard to the Road’s Design Report they recommend further information be submitted concerning the following:

PL11.240814 An Bord Pleanála Page 6 of 29 • Comment on the NRA’S concern that collapsible bollards may not be sufficient to prevent HGV drivers from parking on the Abbeyleix Road outside of the development or on its access road. • To confirm and provide details that the Portlaoise Traffic Model has been used in the TIA. • To confirm that the slip road proposed for access onto the Eastbound M7 from the R922 accords fully with the NRA Design Manual for Roads and Bridges (DMRB) standards or otherwise to submit details for departure from the standards. • Details on the origin and mitigation measures for the ponding problem noted in the Stage One Road Safety Audit. • To submit a Stage Two Road Safety Audit to also include details of mitigation measures and the signage and lighting proposed for the development. • Details of parking and where deliveries for the convenience shop will take place to safely convey goods to the shop. • Details on waste disposal area within the site. • Modifications to the site boundary to include hotel parking bays to be eliminated having regard to safe delivery access to the site. • Revisions to the site layout having regard to pedestrian/cycle/disabled access. • Details of a suitably sized Forecourt (Class 1) hydrocarbon separator. • Surface water attenuation system and discharge rages to conform with LCC’s current Storm Water Management Systems. • To comment on the issues raised in the submissions and submit revised plans and particulars as may be appropriate.

Laois County Council subsequently granted the applicant a time extension for a period of three months to allow the applicant to respond to the further information request.

Applicant’s response Jim Brogan Planning and Development Consultant, Atkins (Traffic) and Thomas Garland & Partners (Services) have submitted a response to the various issues raised in the further information request and these Submissions are summarised as follows: • Submission no.1 includes a summary response to the issues raised in the further information request. This includes details, of the Revised Layout Plan and provides details of onsite parking provision and delivery parking bay and cycle and pedestrian access. • Details are provided on the waste management facility to be located at the south/west corner of the site and on street lighting. • Submission no.2 contains the applicant’s response to the traffic related issues and refers to the TIA originally submitted, traffic modelling and includes their response to issues of concern raised in the NRA Report. • Submission no. 3 provides a response from Thomas Garland & Partners to issues of onsite drainage, the hydrocarbon separator and connection to services. Details are also provided of surface water attenuation including 100 year storm calculations. • Submission no.4 provides a response to Roads and Traffic issues (Atkins) raised by the Third Parties, other than the NRA. • Submission no.5 from Thomas Garland & Partners refers to proposed storm water attenuation and provides that the proposed development of the proposed petrol station will not increase the risk of flooding to the Triogue River and the Meelick and Timahoe Roads.

PL11.240814 An Bord Pleanála Page 7 of 29 • Submission no.6 refers to material changes in planning circumstances that have occurred and provides other details in relation to the proposed development. • Submission no.7 (Atkins) responds in particular to the roads and traffic issues raised by the NRA. They provide a detailed review of traffic modelling and give reasons as to why in view of current circumstances they now support a more localised traffic model over the Saturn Model. • They provide further details on onsite parking and on issues raised in the Road Safety Audit including ponding. • Submission no.8 provides a planning summary response to the submissions made by local residents and the issues raised by the NRA. They provide a detailed response having regard to issues site suitability and of Planning Policy and in particular to the Portlaoise LAP as amended 2006-2012 and the Togher Masterplan which forms an Appendix to this document.

National Roads Authority response has regard to the further information submitted and note that the roads authority had not been informed of the models deficiencies. They consider that the subject application should be considered premature pending such a review and update to the Portlaoise Traffic Model.

Laois County Council Road Design response has regard to the details of the further information submitted, including issues of onsite parking and delivery area and surface water attenuation. They also note the NRA submission and concerns. They provide that passing motorists needing to refuel in Portlaoise would in any case need to use the interchange’s slip roads to do so, but would have a shorted trip than that currently to a filling station closer to the centre. They request that the applicant comment on the NRA’s concerns, including the Portlaoise Traffic Model in the TIA and that the slip road proposed for access onto the Eastbound M7 from the R922 accords fully with the NRA Design Manual for Roads and Bridge (DMRB standards). They also request that a Stage Two Road Safety Audit be submitted prior to the commencement of works.

Planner’s Report This has regard to the further information submitted and to the submissions made, including by the NRA and the Council’s Roads’ Design Office. They note that the proposed development is open for consideration in the Portlaoise LAP and that while the lands to the west are identified for Motorway Services this proposed development does not purpose to be a Motorway Services facility and does not cater for HGV traffic. They also note that the site is accessed from the Strategic Regional Road R922 and is located within the development envelope and speed limits of Portlaoise. They consider that based on the zoning of this site and the location of the development within the existing commercial complex which will support trip sharing that the proposed development is suitable at this location. Also that the elevational treatment of the main building and petrol station canopy as proposed is acceptable at this location. Subject to relevant environmental and traffic safety issues being satisfied, they consider that the development is acceptable in principle on this site.

5.0 DECISION On the 12 th of June 2012 Laois County Council granted permission for the proposed development subject to 24no. conditions. Some of these are standard infrastructural conditions and include the following: Condition nos. 2&3 – Connection to public sewer and water mains

PL11.240814 An Bord Pleanála Page 8 of 29 Condition no.4 – The areas of development to be in compliance with their designated use shown on the submitted drawings. Condition no.6 – No additional floorspace without a prior grant of permission. Condition no.9 – No encroachment onto adjoining property. Condition nos.10&11 - Restriction on the use of the retail unit Condition no.12 – Restriction on advertising. Condition no.14 – Surface and groundwater protection Condition no.15 – Air quality protection Condition no.16- Restrictions on noise levels. Condition no.17 – Refers to waste management. Condition no.18 – Services Condition no.20 – Refers to Surface water attenuation. Condition no.21 – Provides for Stage 2 and 3 Road Safety Audits. Condition nos.22/23 – Provides for Development Contributions. Condition no.24 – Details of Hours of Operation to be submitted.

6.0 GROUNDS OF APPEAL Three separate Third Party Appeals have been submitted from the following: o The NRA o Paul Dunne o Joseph J. Warren Their grounds of appeal are summarised as follows:

The NRA • They acknowledge that the Togher Masterplan and the amended Portlaoise LAP 2006-2012 address a requirement for growth in this area identified in the National Spatial Strategy. • They note that there was considerable co-operation and collaboration between the Council and the NRA in the preparation of the Togher Masterplan and the amended Portlaosie LAP, having regard to the strategic nature of the of the development proposed for the area and the implications it could have on the national road network if not co-ordinated with infrastructure improvements as required. • They provide that the Portlaoise Traffic Model critically formed the evidence based approach to policy objectives and zoning in the amended Portlaosie LAP 2006-2012. • They are concerned that the Council has failed to address the substantive issues raised in the NRA submissions in their assessment of the further information submitted. • They refer in particular to Objective T/EE 8 of the Togher Masterplan (Appendix C of the Portlaoise LAP) which refers to the Saturn Model. • They are concerned about the Atkins Consulting Engineers comments relating to the requirement to update the Portlaoise Traffic Model having regard to the perceived deficiencies identified by the applicant team and note that the applicants have developed a localised traffic model. • They also highlight the planning history (Reg.Ref.08/1479) and the Board’s refusal in (PL11.233133) where it was noted that traffic congestion would occur. • The NRA has not received any correspondence from the Council informing them of model deficiencies or of the technical reports by the Roads Section of the Council concerning the application or the contentions made by the applicant team concerning the Portlaoise Traffic Model. • They are concerned that the Portlaoise Traffic Model should be reviewed if it is considered not fit for purpose and consider that the application should be considered

PL11.240814 An Bord Pleanála Page 9 of 29 premature pending this review to co-ordinate development with infrastructure improvements. • No specific details in relation to the model appear to have accompanied the further information response. No details relating to data input to the model or assumptions underpinning such inputs have been presented which they consider are a very serious concern. • The capacity problems identified at the M7 Togher Junction indicated in Table 9.3 (Submission no.7) of the F.I response are noted and highlight a need for a co- ordinated response to development needs and infrastructure requirements in the area. • The NRA considers that a grant of permission is piecemeal in this instance and at variance with the provisions of the Amended Portlaoise LAP 2006-2012 adopted in April 2010. • They are not convinced that the proposal will not have an impact on the efficiency, operation and safety of the national roads network as outlined in official guidance included in the DoEHLG’s Spatial Planning and National Roads Guidelines for Planning Authorities (Jan 2012). • They are concerned that the proposed development and the decision of the Council in this regard has the serious potential to negatively impact on the safety and efficiency of the adjoining strategic national road network which was developed with significant Exchequer investment.

Paul Dunne • The volume of traffic to the Service Station will add to and cause serious traffic congestion at peak times and will adversely affect the free flow of traffic entering the N80 off the M7 roundabout. • The Road Safety Audit does not fully address these mitigating factors. • The proposal will cause congestion and will seriously endanger public safety for all. • The proposed site will be developed towards large commercial vehicles due to the large volume of fuel to be stored at the site and they refer to the Dangerous Substance (Retail and Private Stores) Regulations 1979 (S.I. No.311 of 1979) and Part 11 Section 32 Para.(2) the Regulations state No underground storage tank at a licensed retail store shall have a rated capacity exceeding 40000L. • The proposed development does not provide extensive truck parking. • The town is oversupplied with Filling Stations many of which are derelict due to over supply which is contrary to objectives for Filling Stations in the amended Portlaoise LAP 2006-2012. • The proposed development in view of its proximity to the M7 Motorway is contrary to the NRA Strategy for the Provision of Service Areas Update February 2010.

Joseph J. Warren • The current development plans that are relevant in respect of this application include the Saturn Model as the basis of the traffic policy of the local authority, this is current policy in the Laois CDP and the Portlaoise LAP. Deviation from this policy is in material contravention of these plans and the Board cannot allow this to take place • The TIA they have submitted, which is not based on the Saturn Model is in contravention of the stated policy by the Local Authority. • The NRA appears adamant that the current policy of the local authority is based on the Saturn Model and that there has been no discussion with them regarding it being amended.

PL11.240814 An Bord Pleanála Page 10 of 29 • The applicants are offering two differing viewpoints that are totally at variance with each other. Reference to the Saturn Model suggests this is outdated and their ‘localised traffic plan’ ignores the county development plan traffic policy. • Anomalies and indeed inaccuracies, as pointed out by the NRA, are present throughout the assessments that accompany this application. • In view of these material contravention issues that the Board must refuse permission for this development.

7.0 RESPONSES First Party response Jim Brogan Planning and Development Consultant have submitted First Party responses on behalf of the applicant to the grounds of appeal which include the following: • Their aim is to establish a petrol station within their complex at Midway to provide for the fuel needs of the existing client base ie. clientele of the hotel and its conference/meeting facilities, the leisure centre and foodcourt. • There has been significant material change in circumstances since the previous Board decision and they provide details of these. • There has been a material change in the zoning regime since the adoption of amendments to the Portlaosie LAP 2006-2012 where petrol station is now open for consideration within the ‘ Enterprise and Employment Activities’ zoning. • The change in the economy has had an adverse impact for large scale development proposals planned in the vicinity of the Togher Interchange. • These changes in circumstances have led them in consultation with the Council’s Road Design Office to formulate a new development proposal. • It was decided to maintain the non-provision of any services for heavy goods vehicles, other than fuel delivery vehicles, within the proposed petrol station. • It will provide for refuelling services and given the absence of any facilities/services for HGVs, it could not be reasonably represented as a motorway services area. • Measures to prevent/deter HGV roadside parking have been put forward and have been acknowledged by the Council’s Road Design Section as addressing their concerns in this regard. • The traffic model used for the assessment of the previous planning application (RegRef.08/1479 and PL11.233133 refers) was the Saturn Model (Portlaoise Traffic Model) which was also devised by traffic consultants Atkins. • They have decided that this model in view of current changed circumstances is no longer fit for purpose and they provide details of their reasons for this. • The localised traffic model referred to in their submissions and the TIA and applied as a replacement for the Saturn Model in the appraisal of this application was formulated in consultation with the Council. It included the M8 in the baseline road network for the purpose of assessment. • It concludes that the increase in traffic arising from the proposed development will lead to a 3.6% increase in traffic activity on the Interchange’s roundabout, which will have no material impact on the operational capacity of the roundabout. • Issues arising from the previous Road Safety Audit have been resolved and they provide details of this. • Any internal issues which might arise can be resolved at Stages 2 and 3 in the Audit Process, which are subject of planning conditions in the Council’s decision. • The TIA submitted clearly establishes that the development will have no material impact on the operational efficiency of the Interchange.

PL11.240814 An Bord Pleanála Page 11 of 29 • The NRA’s policy as reflected in the Departmental Guidelines ‘Spatial Planning and National Roads Guidelines for Planning Authorities’ (Jan 2012). • They provide that there are no sustainable grounds for the argument that the proposed development would be in conflict with the Guidelines. • The Saturn model was always intended to function as an operational aid to the Council’s decision making process and their support of the traffic assessment used in the current application should be given significant weighting. • They provide details on proposed fuel storage and underground tank capacity requirements and note that they would have no objection to a condition to provide restrictions on the number of tanks stated. • The proposal will not interfere with the operational efficiency of the Togher Interchange or the national road transportation network. • In Appendix 1 they include a letter from Topaz regarding the capacity of the underground tanks. • In Appendix 2 they include a Submission prepared by Atkins in response to the Third Party Appeals. • The refer to the Atkins submissions and provide that in view of the information they have submitted that there are no sustainable grounds for the Board to support the NRA appeal in this case and that it should be accordingly rejected by the Board.

Laois County Council’s response • They accept that reference is made in the Portlaosie LAP 2006-2012 and in the Togher National Enterprise Park to the Portlaoise Saturn Model and agree with the NRA submission that the Portlaoise Traffic Model critically formed the evidence based approach policy objectives and zoning in the Amended Portlaoise LAP 2006- 2012 • However it is their view that an independent TIA is permissible and is entirely appropriate for the more localised Midway development. • They note that as part of the Review of the Portlaoise LAP 2012-2018 the Saturn Model is being updated. • When assessing the Midway Development Ltd application a pragmatic approach was adopted and they consider that this approach is consistent with the Masterplan and the Portlaoise LAP. • They note that the designation of the road has now changed from Regional Road 992 to National Road 77 and that any modifications to the road will require the prior approval of the NRA and they propose a planning condition to reflect this issue. • The proposed development is open for consideration within the Portlaoise LAP and does not purport to be a motorway services station and does not cater for HGV traffic. • The site is accessed from a Strategic Regional Road R922, now the N77 and is located within the development envelope and speed limits of Portlaoise. • They note that the Road Design Office has no objection to this proposal and consider that subject to relevant environmental and traffic safety issues being satisfied the development is acceptable in principle on this site which is within the existing commercial complex.

NRA response • The proposed development has not been run through the Portlaoise Traffic Model as required by the Amended Portlaoise LAP 2006-2012.

PL11.240814 An Bord Pleanála Page 12 of 29 • They have regard to the Togher Masterplan which is contained in the Portlaoise LAP and provide that the more recent Draft Portlaoise LAP 2012-2018 is explicit in relation to development proposals specific to the Masterplan area that all uses and quantum of each development shall be run through the Saturn Model Objective T/EE 8 refers. • They refer to the previous application RegRef.08/1479 and Board decision PL11.233133 where this process was followed and permission was refused by Board and Laois County Council. • They provide that the NRA are not convinced by the traffic assessment which accompanied this application and consider there is a clear requirement to run the proposed development through the Traffic Model to ascertain clearly the impacts of the proposal on the national road network and especially the Togher Interchange. • They note that Laois County Council have indicated that the Saturn Model is being updated in the Draft Portlaoise LAP 2012-2018. • The Portlaoise/Abbeyleix Road, north from the M7 Togher Junction to Portlaoise town centre, from which the subject site is accessed has recently been re-classified as the N77, national secondary road. • In view of the importance of the Togher Interchange and the strategic function of the M7 there is an essential requirement for the careful management of development in this area to be undertaken in accordance with both official government and local policies.

Laois County Council response • Their Road Design Section has reviewed the submission from Mr. Jim Brogan and the associated submission from Atkins and they advise that these submissions do not raise any new issues. • They provide that there are no further comments from a planning perspective that have not already been sent to the Board.

8.0 PLANNING POLICY The Laois County Development Plan 2011-2017 This is the Adopted Plan for the County Area. Section 3.5.1 refers to the preferred strategy for the Portlaoise Area. It notes the strategic centrality and prominence of Portlaoise is recognised in the National Spatial Strategy (NSS) and in the Midland Regional Planning Guidelines (MRPG) which, envisage the town as having a strong National Development Potential as a major transport hub and distribution centre. Major road/rail infrastructure investment has taken place in the recent past and continues to take place, further maximising the accessibility of the town. This development strategy prioritises economic development for the principal town of Portlaoise, which has a prime position on the national road network to economically sustain the critical mass of the Southern Development Area and reap the benefits of the improved Motorway corridors and public transport network. Section 7.7 refers specifically to the Togher National Enterprise Park and Map 1.7.1 shows the Togher Masterplan Area. Policies EC7/P16/P17 refers.

Section 10 provides the aims and objectives for Transportation and Section 10.4 refers to Land Use and Transportation. It provides that it is a strategic aim to co-ordinate transport and land use planning through settlement and enterprise and employment policies. Section 10.5 provides that it is important to protect and maintain the carrying capacity of the road network in the County. Objective TT10/O02 seeks to maintain and enhance the carrying capacity and

PL11.240814 An Bord Pleanála Page 13 of 29 operational efficiency of the road network and Policy TT10/P07 seeks to promote road safety measures. Section 10.5.1 refers specifically to the Motorway Network and this includes the need for the provision of services. Section 10.6 refers to Cycling and Walking. Section 10.8 provides Specific Transport Objectives and this includes County wide and for the Principal Town i.e M7 Junction 17 off Ramp at Togher National Enterprise Park, Portlaoise and the Togher, Portlaoise Link Road Phase 2.

Section 10.9 has regard to Surface Water drainage, SUDS and Storm Water and Section 10.10 refers to Flood Risk. Section 11.3 refers to Water Supply and Section 11.5 to Wastewater treatment.

Section 12 provides the aims and objectives for Environmental Management and refers to Water Quality and to the Water Framework Directive. Section 13 deals with Natural Heritage and Section 13.2.2 refers to Designated Sites.

Section 15 provides guidance relative to the General Location and Pattern of Development This includes Section 15.2, which refers to the Zoning principles and Section 15.6 to Zoning. Table 32 provides the Land use Zoning Matrix.

Design and Development Standards and objectives are provided in Section 16. Urban Design is referred to in Section 16.3. Table 33 provides the Development Control Standards for the different land uses. DCS 19 refers specifically to the development criteria for Filling stations. DCS 43 refers to Landscaping and Site Design. DCS49 refers to SUDS. DCS54 refers to Sustainable Design and Construction.

Amended Portlaoise Local Area Plan 2006-2012 This is the current plan and was adopted in 2010 and sets out a framework for the physical development of the Town of Portlaoise. Chapter 2 provides the policies and objectives for Transport and Infrastructure. This has regard to the Portlaoise Integrated Framework Plan for Land Use and Transportation and the Portlaoise Land Use and Transportation Study. Section 2.2 has regard to the Portlaoise Traffic Model referred to as the Saturn Model. This is discussed further in the context of the Assessment below. Section 2.3 refers to Utility Service and includes regard to Wastewater Treatment and Water Supply. Section 3.3 refers to and provides the policies relative to the Togher National Enterprise Park Masterplan which is included as an Appendix to this LAP. This is dated April 2010 and the vision is to develop a flagship National Transport Node and Inland Port. The Togher National Enterprise Masterplan is included as Appendix C of this LAP. Section 2.3.1 of the Togher Masterplan refers to the use and benefits of the Saturn Traffic Model. Section 3.0 of this plan refers to Policy Context at National, Regional and Local level. The Land Use Strategy is referred to in Section 4.1 and Map no.7 refers where the subject lands are shown zoned ‘Enterprise and Employment’.

National Guidance The National Spatial Strategy 2002-2020 The NSS sets out the vision and strategic framework for achieving sustainable and balanced regional development in Ireland and supports the development of Gateways and Hubs. Portlaoise is described as being on a central spine of the country linking the east/west radial transport corridors by road and bus-based public transport through the Midlands. It suggests

PL11.240814 An Bord Pleanála Page 14 of 29 a role for Portlaoise as a key national transport node with the capacity to develop related economic and logistics activities. It is also stated in the NSS that Portlaoise has strong national development potential as a transport hub and distribution centre as an inland port given its location on several national road and rail routes (section 4.4).

The National Development Plan 2007-2013 Chapter 7 provides details on the Strategic Context for Economic Infrastructure Priority and also refers to the core aspects for enhancement of connectivity in Transport 21. It provides that a good transport infrastructure is crucial to the promotion of national competiveness and sustainable development.

Regional Planning Guidelines for the Midlands Region 2010-2022 These set out the mid/long term strategic planning framework for the Midlands Region and are to implement national policy as set out in the NSS. They include Co. Laois and also focus on better integration of transport and communications within and between regions and between towns and linked gateways. They refer to the linked gateway of Athlone, Tullamore and Mullingar. It is provided that the principal towns remain week and a barrier to achieving the full potential of the Midlands Region. Section 1.6 notes that in co-operation with the NRA and the DoEHLG, Laois Co. Council prepared a Masterplan for the Inland Port in Portlaoise so as to fulfill its role as designated in the NSS. Section 3.6 provides the Economic Objectives and this includes objective ED04, which is to facilitate the development of the ‘Togher inland Port’ at Portlaoise through the provisions of the Togher Masterplan. As per Section 4.2 Portlaoise is included in the Southern Regional Area as being a particular town and focus for development. Section 4.6.2 notes that Portlaoise was identified as a national transport node by the NSS in recognition of its importance in terms of the national transport network. Section 4.6.3 provides a focus on the principal town of Portlaoise with its innate strengths, particularly in the transport area, and enhanced links to the linked gateway. Section 4.7.2 provides the Portlaoise and Longford are the principal towns in the area. Section 4.9 refers to the southern area as covering parts of the region along the M7/M8 including the urban area of Portlaoise as being one of the five development areas. Policy SDAP6 refers to fulfilling the potential of Portlaoise and Togher Inland Port to become a major transport hub and distribution centre, by building on its strategic location at the intersection of key national road and rail routes. This is reiterated in Section 5.4.1. Section 5.3.2 refers to Protection of Existing and Proposed Road Infrastructure.

The Retail Planning Guidelines 2012 Section 2.4.3 notes that Petrol Filling Station shops have a floorcap of 100sq.m net irrespective of location. Section 2.5.4 refers to encouraging sustainable travel modes through careful location and design of new retail development relative to the catchment area being served. Section 4.4 refers to the Sequential Approach to Retail Development. Section 4.10 refers to the need in certain cases for a Transport Impact Assessment to access impacts on the transport networks serving a proposed retail development. Section 4.11.9 refers specifically to Retailing and Motor Fuel Stations having regard to convenience shopping and the floorspace cap. Section 4.11.10 refers to On and Off-line Motorway Service Areas. Guidelines for these are contained in the Spatial Planning and National Guidelines for Planning Authorities DECLG 2012 . Section 5.0 provides for Retailing and Design Quality and Section 5.4 to the accompanying Retail Design Manual. Annex 1 provides a Glossary of Terms and this includes a description of Convenience and Comparison goods , and types of retailing which includes Forecourt Retailing i.e a mini- supermarket linked to petrol filling stations.

PL11.240814 An Bord Pleanála Page 15 of 29

Spatial Planning and National Roads 2012 These provide Guidelines for Planning Authorities and have been prepared in the context of the delivery of the NSS and actions identified in Smarter Travel, A Sustainable Transport Future, A New Transport Policy for Ireland 2009-2020. They set out policy considerations relating to development affecting national roads (including motorways, national primary and national secondary roads) outside the 50/60kmp speed limit zones for cities, towns and villages. They aim to achieve and maintain a safe and efficient network of national roads in the broader context of sustainable development strategies, thereby facilitating continued economic growth and development throughout the country. Section 2.7 refers in particular to Development at National Road Interchanges or Junctions and Section 2.8 refers to Service Areas both on and off-line.

9.0 ASSESSMENT Having read through the file, had regard to the submissions made, to the planning history and planning policies and having visited the site, I would consider the following to be the most pertinent issues in this appeal: • Principle of Development and Planning Policy • Differences between the current application and that previously refused. • Design and Layout and impact on the character and amenities of the area • Access and Parking • Regard to issues concerning the need for the proposed use • Roads and Traffic issues • Regard to the TIA and Traffic Modelling issues • Regard to NRA concerns and pre-maturity issues • Regard to Material Contravention • Surface water and Flooding issues • Fuel Storage issues • Screening for appropriate assessment

9.1 Principle of Development and Planning Policy The subject site lies adjacent to Portlaoise town and falls within the Portlaoise LAP boundary. This LAP 2006-2012 was amended in April 2010 and contains the Togher National Enterprise Masterplan as Appendix C. This provides further detailed the guidance on the nature, scale and location of the planned development for the Masterplan area which includes the subject lands and was prepared in consultation with the DoEHLG and the NRA. The Togher Masterplan lands, which include the site are within the ‘Enterprise and Employment’ land use zoning under the LAP (Map no.7 refers). It is noted that petrol filling station use is ‘open for consideration’ within an area holding this land use objective. The Togher Masterplan (Map no.1 refers) divides these lands into 5 distinct areas and the subject site falls within ‘Area 1 Midway’. It is noted that Map no.8 shows that the subject site is located in an area with an objective for ‘Gateway office and conference facilities’ and the site on the western side of the Togher Interchange in Area 2 is allocated for Motorway Offline Services. However there has been no development of this Area.

The Togher Masterplan has been developed around a number of key components. It is provided that the goal for the Togher area is to create an area, which will capitalise on the existing assets to unlock the full economic potential of the area. Also reference is made to the vision to develop a flagship National Transport Node and Inland Port at Togher. Regard is

PL11.240814 An Bord Pleanála Page 16 of 29 had in the key components to include the provision of complementary facilities and land uses and integrated transport approach to support the sustainable development potential of the Togher Area. It is noted that Section 2.2 of the Masterplan provides that the Togher Interchange is also the gateway to Portlaoise and serves the Portlaoise Development Area as well as the Midlands Region.

Section 3.5.1of the Laois CDP 2011-2017 provides the preferred strategy for the Portlaoise Area and notes the benefits of improved motorway corridors/rail and public transport in the economic development of Portlaoise. Also that it is of strategic importance that the capacity and efficiency of existing motorway and rail links to Dublin are protected. It is provided that: The allocation of large tracts of serviced land at Togher as a National Enterprise Park for enterprise, employment and industrial uses in the immediate vicinity of national strategic transport infrastructure represents a unique opportunity to develop a cluster of complementary enterprises and a diverse economic base for the County and the region. This fulfils objectives as set out in the NSS and the MRPG 2010. The ability of this location to service the needs of large Foreign Direct Investment (FDI) should be maximised and will be developed during the plan period.

Section 3.6 of the Midlands Regional Planning Guidelines 2010-2022 provides the Economic Objectives and this includes objective ED04, which is to facilitate the development of the ‘Togher inland Port’ at Portlaoise through the provisions of the Togher Masterplan ensuring that employment and enterprise opportunities are fully maximized through promotion and relevant interagency collaboration.

Section 7.7 of the LCDP refers to the Togher National Enterprise Park and Map 1.7.1 shows the location of the Togher Master Plan Area which forms part of the Amended Portlaoise LAP 2006-2012. Policies EC7/P16/P17 relates. It is of note that in Section 10.3 of the Plan, Objective TT10/PO02 seeks to: Maintain and enhance the carrying capacity and operational efficiency of national, strategic regional and regional road networks and improve the safety of the transport network generally. Section 10.5.1 refers specifically to Motorways and includes reference to the role of and need for the provision of service area for fuel, toilet and food needs. They provide that the NRA anticipates that service area will be provided off-line (accessible by ordinary road network as well as motorway) and on line (accessible from motorway only). The NRA Circular 4/2010 indicates the up to date position of the NRA with respect to provision of online and offline service areas on the national road network.

Section 10.5.3 Table 19 of the LCDP provides details of Strategic Regional Routes in County Laois. This includes having regard to the location of the subject site, reference to the R922 Junction with the M7 Junction 17 Togher to Junction with N80 Portlaoise. It is noted that TT10/P34 provides that it is policy to: Prohibit unnecessary access onto strategic regional routes in areas where the maximum speed limit applies. In Section 10.6 it is provided that in the Council Masterplan for the inland port Togher, provision is made for the establishment of a park and ride facility.

There is concern that the proposed development will act as a Motorway stop for large commercial vehicles and the site is too small/restricted to cater for these vehicles and this will cause serious congestion. The First Party provides that the proposed petrol filling station is intended to provide a service to motorists only with no facilities being provided to service heavy goods vehicles and they provide measures to exclude such vehicles. The hotel/leisure centre/food court complex already existing in this location constitutes a destination in its own

PL11.240814 An Bord Pleanála Page 17 of 29 right. Its aim is to service the road user requirements of the clientele of the existing complex of users on the Midway site and of motorists passing by on both the adjoining Regional Road and the adjacent section of the motorway. They provide it is to constitute a petrol station facility at an off-line location close to the national road network along a section of motorway where no such facilities exist.

While the proposed development of a petrol station is ‘open to consideration’ in Table 8.2 of the Amended Portlaoise LAP, it is considered that the principal of this development has to be considered in the wider context of the development of the greater Togher Masterplan Area and the Land Use Zonings. There are a number of issues for consideration in this case having regard to the suitability of the proposed development in this location, proximate to the Togher Interchange and strategic routes. These include the impact on traffic safety and on the road capacity and regard to traffic modelling as described in the TIA and the information submitted. Also the assessment by Laois County Council having regard to the nature of the development and the implications of the more ‘localised traffic model’ needs to be taken into account. The concerns of the NRA are an issue and regard is had to the planning history relative to the site and to the Third Party submissions made. These issues are considered further in this Assessment below.

9.2 Differences between the current application and that previously refused Regard is had to the planning history of the subject site and to the previous Board refusal for a petrol station and ancillary development on the site Ref. PL11.233133 refers (the reason for refusal is included in the History Section of this Report). The issue is whether circumstances have now materially changed and this reason can be overcome in the current application. Submission no.6 of the further information submitted refers to material changes in planning circumstances of the proposed development relative to the previous application. This includes that the omission of the dining area, which was an ancillary facility within the petrol station and a feature of the previous development will reduce the number of car parking spaces required on site and the level of traffic activity likely to be generated by the station. Also the proposed development will not service heavy vehicles and therefore the development layout is of sufficient size to accommodate its intended traffic. The exclusion of HGVs will reduce the level of visiting traffic. Measures to prevent HGV parking as detailed in the Atkins submission (TIA) include the kerbing of the hard shoulder on the eastern side of the Abbeyleix Road in the vicinity of the site with the erection of rigid bollards just inside the kerbline. Double yellow lines are also proposed to identify areas along the carriageway where parking is prohibited.

They consider that there have been considerable changes as regards to decrease in traffic at the Togher Interchange, such as the removal of Dublin –Cork/Cork-Dublin traffic from the interchange by the opening of the M8 Motorway (17% reduction in traffic refer to Atkins submission), the general reduction as result of the economic downturn all of which greatly enhances the residual capacity of the interchange to accommodate traffic arising from development in the area. They provide that this has resulted in a material change of circumstances since the previous application, was determined by the Council and the Board. It is also noted that the First Party response provides their revised localised traffic model was formulated as a replacement for the Saturn Model and included the M8 in the baseline road network for the purpose of assessment. They provide that the removal of the Dublin-Cork traffic from the interchange will have added further residual capacity to the Interchange, which was not in place when the previous application was determined by the Board.

PL11.240814 An Bord Pleanála Page 18 of 29 Also the Amended Portlaoise LAP was adopted in April 2010, and this post dates the previous refusal. As noted above a petrol station is now ‘open for consideration’ in the zoning objective for the area i.e. ‘To provide for Enterprise and Employment Activities’. They provide that the purpose of the petrol station is to service the users of the adjacent hotel/leisure centre/foodcourt and passing traffic on the motorway and local roads. Also that the TIA and the FI submitted clearly indicate that the petrol filling station will have little impact on the adjacent road networks and in particular the Togher Interchange. They provide that the TIA has indicated that future planned road upgrades at Togher Interchange will not be inhibited by this application.

9.3 Design and Layout and impact on the Character and Amenities of the area The proposed development is for a petrol station on this elongated 0.738ha site, which is bounded to the road frontage with the M7 to the south and the R922 to the west, by screen planting, that is not included within the site. The site is currently undeveloped and is to the east of the Midway site, which includes the Maldron Hotel and separate Food court area and associated surface parking area. Development on site is to provide a single storey flat roofed structure to accommodate an ancillary convenience retail unit (including off-licence) with a net sales area of 100sq.m and ancillary office, storage, toilets etc. Floor plans have been submitted showing the proposed layout and excluding any restaurant/café area. The proposed shop entrance is to be from the petrol forecourt area. Elevations have been submitted showing the design of the proposed structure, which is to be just over 4m in height and the external finishes proposed. Regard is had to Section 2.4.3 of the RPG 2012, which provides that Petrol Filling Station shops have a floorcap of 100sq.m net irrespective of location. It is recommended that if the Board decide to permit that it should be conditioned that the floor area not be increased without a prior grant of planning permission.

It is also proposed to provide a forecourt area with 6no. petrol pumps servicing 12no. bays with a rectangular forecourt canopy extending over the petrol pumps and fuel delivery area. As shown on the drawings this is to have a clearance height of 4.4m. Concern has been expressed that the height of the canopy over the filling station service area at 4.4m clearance will facilitate the full height of HGVs as opposed to 4.15m clearance for non HGVs and deliveries. The First Party refer to the issue of the height of the canopy being 4.4m and understand that this is a standard height for canopies associated with this type of service station and relates to Health and Safety issues. The full height of the canopy is shown as 5.3m. A contiguous elevation showing the lower scale of the proposed filling station in relation to the Midway Hotel, Foodcourt and Leisure Centre has been submitted. It is also proposed to provide a technical building accommodating a wash recycling facility machine room (c.22sq.m) at the southern part of the site. It is considered that the proposed design of the petrol filling station, forecourt area and canopy is relatively standard and will be seen in the context of the existing Midway development and will not have an adverse impact on the visual amenity of the area.

Signage indicates that the proposal is for a ‘Topaz’ service station and a drawing has been submitted indicating 10 locations on site for signage. A large free standing Topaz I.D. 9m pole sign is proposed internally on the site adjacent to the forecourt area. It is noted that there is already a large sign for the Midway Centre and it recommended that proliferation of signage be discouraged and if the Board decide to permit that it should be conditioned that the overall number of signs be reduced and details of all signage be submitted prior to the commencement of development.

PL11.240814 An Bord Pleanála Page 19 of 29 Section 7.5 of the Amended Portlaoise LAP 2006-2012 includes the criteria for filling stations and provides that late night opening will only be permitted if it does not impact adversely on nearby residences. The First Party consider that as this is the case the applicants should be free to determine their own opening hours as appropriate. While there are no residences in close proximity to the development, if the Board decide to permit I would recommend a condition regarding hours of operation similar to the Council’s condition no.24.

It is considered that provided screening is retained and landscaping provided that the proposal will not have much visual impact on the surrounding area. The southern and western elevations are screened from the road frontages by planting and it is considered important that this screening be retained and a Landscaping Scheme for the whole of the site be implemented and it is recommended that this be conditioned should the Board decide to permit.

9.4 Access and Parking Access and egress to the overall Midway development is in close proximity to Junction 17 to the south and is via separate entrance and exit points sited on the R922 Abbeyleix Road. It is proposed to use the existing access/exit in the current application. In view of this one-way access system and the road configuration a vehicle exiting the site, has to turn south and go back around the roundabout at Junction 17 to return to Portlaoise or the Midway development site. It was noted on the day of the site visit that this is a fast very busy link road between the intersection with the M7 and the town of Portlaoise and is much utilised by trucks. Details having regard to impact on roads and traffic are provided further in this Assessment below.

Details of pedestrian and cycle access and dropped kerbs for disabled access have been shown. The dining area previously proposed as an ancillary facility has been omitted from this proposal thus reducing the number of car parking spaces and activity on the site. Section 2.2 of the Amended Portlaoise LAP supports sustainable transport modes and refers to Pedestrain and Cycle networks in an integrated and coherent non-motorised transport network. Section 2.3.3 of the Togher Masterplan aims to provide for attractive integrated and safe pedestrian and cycle routes. It is noted that there is a footpath through the site and that this and a cycleway link via a pedestrian crossing to the north of the site to the pedestrian footpath on the opposite side of the R922. There is no footpath on the site boundary frontage with the R922.

The site is proximate to the large area (c.300 car parking spaces and 6 bus spaces) of surface parking provided for the Midway development. It is noted that this car park appeared well utilised and that while there is no allocated truck parking, there were some trucks noted parked on the day of the site visit, within the car and bus parking areas of the Midway development. There is currently no separation boundary between the subject site and this parking area. As shown on the Site Layout Plan it is proposed to provide 4no. on site car parking spaces in the forecourt area to the north of the shop and to incorporate the area comprising 6no. of the Midway spaces into the subject site.

Submission no.1 of the further information submitted includes details, of the Revised Layout Plan (Drawing no.P2001 Rev J) showing onsite parking provision and delivery parking bay and waste management facility. The revised drawings show that the site boundary outlined in red has been amended to include the area occupied by the parking bays lost to accommodate the sweep path for delivery vehicles to the petrol filling station. It is provided as this was a concern indicated in the Stage 1 Road Safety Audit, that within the development a sweep path

PL11.240814 An Bord Pleanála Page 20 of 29 analysis was undertaken and the layout altered to ensure that vehicles and in particular oil tankers can manoeuver in and out of the development area .

Submission no. 7 of the further information provides that the plans indicate the provision of 4no. spaces to service the proposed retail unit within the petrol station which accords with the requirements of the amended Portlaoise LAP to be provided where a retail facility forms part of the development scheme. In addition two spaces are being provided for staff to the west of the retail unit. They provide that additional parking if required can be accommodated within the proposed development site or on other adjacent lands as yet undeveloped which are in the control of the applicant. On the issue of parking along the edge of the Abbeyleix Road it is now proposed that the hard shoulder on the eastern side of the road will be kerbed out to the edge of the carriageway and rigid instead of collapsible bollards located behind the kerbline. Double yellow lines are also proposed to identify areas along the edge of the carriageway where parking is prohibited. It is considered important in the interests of traffic safety that there be no parking on the roadside verges or outside of the subject site and it is recommended that if the Board decide to permit that this be conditioned.

9.5 Regard to issues concerning the need for the proposed use It is provided that the proposed development in view of its proximity to the M7 Motorway is contrary to the NRA Strategy for the Provision of Service Areas Update February 2010. The site is too small and the scale of development proposed is too restricted to be considered a Motorway Service Station. There is concern about the creation of a Motorway Service Station lacking adequate facilities on this restricted site and a 24hour service station. Also it is provided that the NRA have a site sourced for a MSA at Abbeyleix that will satisfy all the criteria for a MSA. The First Party notes the land use zoning of the site and provides that this development does not purport to be a Motorway Services facility and does not cater for HGV Traffic.

Section 7.5 of the Amended Portlaoise LAP 2006-2012 provides the criteria to be taken into account for Filling Stations and includes: An undue concentration of filling stations shall not be permitted, as in the past oversupply has led to closures resulting in unsightly derelict filling stations There is an EMO petrol station less than 2km to the north, within the existing urban conurbation of Portlaoise. The Third Parties are concerned that the figures given for the increased trips to the filling station do not take into account the effect this proposal will have on the EMO/Dunnes stores filling station and convenience store.

It is noted that planning permission has been granted by Kildare County Council for the development of motorway services at Mayfield Interchange, Monasterevin, Co. Kildare (Reg.Ref.06/1881 refers) and Laois County Council continues to support the provision of such services on zoned lands at Togher on the southern edge of Portlaoise. The NRA has in 2010 issued a document entitled Services Areas on National Roads: NRA Policy and Status Update and notes the continuing capital constraints in providing new service areas on motorways. Regard is also had to the NRA’s Policy Statement on Development Management and Access to National Roads and the recently published DOEHLG’s Spatial Planning and National Roads Guidelines for Planning Authorities.

Also of note is the extent and services provided by the existing Motorway Services Station ‘Mayfield’ at Junction 14 on the M7 to the north. This includes a shop and food court/café area, petrol service station, car wash, car and truck parking areas. The NRA has a broad

PL11.240814 An Bord Pleanála Page 21 of 29 objective to have service areas at intervals of approx.50-60km between MSA’s, and there is concern that the proposal is considerably less from the MSA at exit 14. They provide that this represents an unnecessary duplication of services and a risk of causing danger to the public and road users. However as noted above the First Party provides that this proposal is to provide a petrol station and ancillary retail shop at this location and is not to be considered as a motorway service area.

9.6 Roads and Traffic issues Laois has strategic road linkages to the rest of Ireland, which includes the N8, M7/N7 and the N80 roadways and a subsidiary network of Regional Roads. It is noted that Section 2.2 of the Togher Masterplan provides that the Togher Interchange is also the gateway to Portlaoise and serves the Portlaoise Development Area as well as the Midlands Region. It is provided that: the protection of the Interchange’s long-term capacity and operational efficiency is important to ensure that the national roads network will continue to serve the intended strategic transport function thereby underpinning the Government’s NSS and policies on economic and regional development. In this regard it is noted that Submission no.7 of the ATKINS further information response considers that the traffic assessment undertaken has clearly demonstrated that the proposed development will not put at risk the M7 public investment, and undermine the transportation and safety benefits afforded by this infrastructure.

Section 4.2 of the Masterplan refers to Area 1 Midway and notes that the site is accessed via the Abbeyleix Road and that further development of this area will require upgrades to the junction on this road. The Third Parties are concerned that the Road already has severe traffic problems. Also that the increased use of the existing entrance to the Midway, which is in very close proximity to the motorway junction will cause problems of queuing and endanger public safety by reason of traffic hazard. They note the proposed Part V111 for the Meelick/ Timahoe Road will see the introduction of a new roundabout where the Meelick Road meets the Abbeyleix Road. This new roundabout will result in two major roundabouts being located within 300m of each other with the entrance to the Hotel and Petrol Station being in the middle. There is concern that taking into account the existing traffic entering and leaving the hotel and the expected additional traffic visiting the service station, a backlog of traffic may occur onto the Togher roundabout and the new proposed roundabout thus creating serious safety issues for drivers, cyclists and pedestrians. Also the volume of traffic to the Service Station will add and cause serious traffic congestion at peak times and will adversely affect the free flow of traffic entering the N80 off the M7 roundabout. They provide that the Road Safety Audit does not fully address these mitigating factors. Concern that the proposed development will act as Motorway stop for large commercial vehicles and that the site itself is too small to cater for these vehicles and these will cause serious traffic congestion.

In Submission no.4 of the further information submitted it is provided that the proposed development traffic will only comprise 3.6% of the total traffic at the Togher interchange roundabout, and the applicants provide that this will not have any significant impact on the interchange and roads surrounding the interchange and the entrance to the petrol station off Regional Road No.R922. They anticipate that a significant proportion of traffic visiting the proposed petrol filling station will come from the motorway and surrounding adjacent roads, whereas the Emo filling station some 700m to the north, adjacent to the town centre has a different catchment area, and by and large will not be affected by that proposal. A number of measures are proposed to ensure that HGV random parking adjacent to the development site does not occur. They re-iterate that it is not intended to provide a full motorway service station at this location, therefore the 60km proximity is not an issue. They provide that the

PL11.240814 An Bord Pleanála Page 22 of 29 provision of advance signage will make it clear that such a facility is not available. It is noted that current signage close to the Togher Interchange in either direction on the M7 indicates that Services, including Fuel are available.

A Stage 1 Road Safety Audit has also been carried out. The scope of the Audit covers both the entry and egress points to the proposed petrol station, the internal circulation and parking arrangements and all improvements works along the Abbeyleix Road (R922). It is provided that the Report comments on all existing safety issues, and subsequently any additional issues which may arise from the proposed upgrade scheme. The improvement works are shown on Appendix B of the Stage 1 Audit. A number of issues have been raised in the Audit both external and internal to the petrol filling station site and details of these are mitigation measures are given. In relation to the Road Safety Audit lodged with the current application, and the ponding issue on the Abbeyleix Road the First Party have proposed that the road surface could be regarded or a new gully located at the problem area. They have also agreed that a ‘Stop Sign’ at the exit point onto the Abbeyleix Road. They provide that any internal issues can be resolved at the detail design stage. It is recommended that if the Board decide to permit that it be conditioned that the recommendations of this Audit be carried out and that as per condition no.21 of the Council’s permission Stage 2 and Stage 3 Audits be further carried out.

9.7 Regard to the TIA and Traffic Modelling ATKINS have submitted a Traffic Impact Assessment dated June 2011. This provides that the petrol filling station will serve both the hotel and leisure centre and pass by traffic along the Abbeyleix Road and the M7. This concludes that they have undertaken a detailed investigation into the impact of the proposed development on the adjacent road network. Both current and future traffic flows were established and junction analysis on a number of junctions in the vicinity was carried out both with and without the development in place. They provide that mitigation measures have been recommended for the Togher Interchange, which will provide acceptable capacity levels to accommodate background traffic levels up to the horizon year (2026). Also that these improvements, are required even without the proposed petrol filling station. They provide that when the petrol station becomes fully operational there will be an additional 3.6% increase in traffic entering the roundabout junction. They conclude that the traffic flows and impacts generated by the proposed development will be minimal and have little impact on the surrounding road network.

There is a considerable amount of discussion and concern in this appeal having regard to the ‘Traffic Modelling’ issue and to the inclusion of a ‘localised’ rather than the ‘Saturn’ traffic model in the TIA. Section 2.2 of the Amended Portlaoise LAP 2006-2012 refers to the Portlaoise Traffic Model and notes that the Council then commissioned Atkins Consulting Engineers to develop and calibrate a new traffic model for the Land Use and Transportation for Portlaoise. The model referred to is the Saturn Model and they provide details of the benefits of its use to future developments in Portlaoise. It is provided that: All new large scale developments and other developments deemed by the Council to have a significant impact on the transport network will be required to use the model to demonstrate the impacts these developments will have.

The NRA refer in particular to Objective T/EE 8 of the Togher Masterplan (Appendix C of the Portlaoise LAP) which refers to the Saturn Model – “ All uses and quantum of each development shall be run through the Saturn Model to determine the level of appropriate

PL11.240814 An Bord Pleanála Page 23 of 29 development for the Masterplan and to ensure no adverse impact on either and/or future national roads infrastructure.”

Submission no.2 of the further information submitted includes reference to the Portlaoise Traffic Model and they provide that a review of the Model revealed that it does not include the M8 motorway in the baseline road network and that the predicted traffic flow levels are based on projections made during the height of the economic boom. They consider that their localised model represents a more up to date and credible model for the evaluation of the traffic impact of the development. They also refer to road widening and future traffic level estimates to assess the interchange capacity and road requirements made on the basis that all the zoned lands in the area including the National Enterprise Park lands are fully developed.

In this regard it is also noted that Submission no. 7 of the further information response provides that the Saturn Model referred to by the Authority to which reference is made in the Portlaoise LAP and the Togher Masterplan is no longer suitable for purpose. A review of the model revealed that it does not include the M8 motorway in the baseline road network and further the predicted traffic flow levels are based on the Celtic Tiger economy, which is no longer the case. They provide that given these issues arising with the Saturn Model it was decided following consultation with the Council to update the Saturn Model to reflect the current situation and in so doing to make it available to the third parties. It was decided to develop a localised traffic model, which included the M8 in the baseline road network for the purpose of assessing the proposed development. They provide that the localised model represents a more up to date and more credible model for the evaluation of the traffic impact of the development and is far more appropriate for the assessment of the development than the Saturn Model. The First Party submit that the deficiencies of the Saturn Model have been highlighted in the Atkins submission and in the information presented to the Council with this application.

It is noted that the Laois County Council response to the grounds of appeal provides that while they accept that the importance of the Saturn Model they do not concur with the inference from the NRA submission that the Portlaoise Traffic Model critically formed the evidence based approach policy objectives and zoning in the Amended Portlaoise LAP 2006- 2012 is required to assess the traffic ramifications of the more localised Midway developments. They provide that a model such as Saturn, which encompasses the entire town, would not add in any significant manner to the assessment.

9.8 Regard to NRA concerns and Pre-maturity issues There are a number of submissions from the NRA on file. They are concerned about the impact the proposed operation of the development will have on the effective operation, capacity and safety of the M7, associated junction 17 and the R922 (recently reclassified to the N77 national secondary road) which are all part of the strategic road network, as identified by the Government for development under Transport 21, the National Development Plan 2007-2013 and the National Spatial Strategy. They are concerned that the proposed development is contrary to the provisions of the Portlaoise LAP and Togher Masterplan for the area. They also have concerns about the TIA submitted and congestion and road safety issues with this proposal and about inappropriate parking for HGV, bus parking etc.

Submission no. 7 of the further information submitted responds in particular to the roads and traffic issues raised by the NRA. It is provided that a capacity assessment of the current traffic levels at the existing interchange with the proposed petrol filling station in place

PL11.240814 An Bord Pleanála Page 24 of 29 indicates in Table 1 of their FI response that there would be adequate capacity to accommodate the additional traffic likely to arise from its development and that the interchange has sufficient residual capacity available to accommodate nominal traffic growth well into the future. The overall development of these zoned lands in the vicinity of the site will necessitate the widening of all approaches to the Interchange to two lanes. (Table 9.3 of Submission no.7 of their FI response refers).While the current development proposal would not necessitate any modification to the configuration of the interchange, they propose to provide for the widening of the approach to the interchange from the egress serving the proposed petrol station to two lanes. They provide that this constitutes a planning gain arising from its development, which would otherwise not be provided in the short term and will improve traffic conditions in the area. In Submission no.8 they refer to the Atkins submission and consider that as the proposed petrol station would only provide a 3.6% increase in the volume of traffic using the Togher interchange it cannot be reasonably held that a projected increase of this magnitude would cause a significant volume of additional traffic coming onto the Interchange or the national road.

The NRA response to the further information submitted is concerned that the Portlaoise Traffic Model critically formed the evidence based approach to policy objectives and zoning in the Amended Portlaoise LAP 2006-2012 which was adopted in April 2010 and they also refer to the relevant provisions of the Laois CDP 2011-2017. They note that the NRA had not been informed of the models deficiencies. They consider that should the applicant’s comments regarding the roads issues and traffic modelling be relevant that it is imperative that the provisions of the amended Portlaoise LAP 2006-2012 and the Togher Masterplan, including phasing are reviewed to co-ordinate development with infrastructure improvements. Therefore, they consider that the subject application should be considered premature pending such a review and update to the Portlaoise Traffic Model. They are concerned that no specific details in relation to the local model appear to have accompanied the FI. response. Also no details relating to the data input to the model or assumptions underpinning such inputs has been presented. They consider that the absence of such details having regard to the points in relation to the submission is a very serious concern. They note the capacity problems identified at the M7 Togher Juncion indicated in Table 9.3 (Submission no.7) of the applicants F.I. response and consider that the developer has highlighted the need for a co-ordinated response to development needs and infrastructure in the area. They consider that a grant of permission in this instance is piecemeal in nature and at variance with the provisions of the Amended Portlaoise LAP 2006-2012, adopted in April 2010. Also that the Spatial Planning and National Roads Guidelines for Planning Authorities (DoECLG Jan, 2012) are a material consideration in the determination of the subject application. They are concerned that if the Portlaosie Traffic Model is not fit for purpose that it would be imperative that the provisions of the amended Portlaoise LAP 2006-2012 and the Togher Masterplan including phasing are reviewed to co-ordinate development with infrastructure improvements.

It is provided that the application should be considered to be premature pending a review and update of the Portlaoise Traffic Model having regard to the serious implications capacity constraints could have on the safe and efficient operation of the M7, Junction 12 and the N77 at this location. The NRA considers that the subject application should be tested on the Portlaoise Traffic Model, in accordance with the requirements of the LAP to give an indication of the potential impact the proposed development would have on the adjoining strategic road network. They provide that there is a priority to ensure adequate maintenance of the national road network in order to protect the value of previous investment outlined by

PL11.240814 An Bord Pleanála Page 25 of 29 Government in the ‘Infrastructure and Capital Investment 2012-2016: Medium Term Exchequer Framework’(Nov 2011).

The First Party submit that there is an obligation on the NRA to demonstrate where the evidence presented on the motorway is flawed and that there are no sustainable grounds for the Board to support the NRA appeal in this case. They provide a response to the NRA grounds of appeal and refer also to the Atkins submission. This includes a list Para 25 (a)-(d) of significant considerations relating to the proposed development which they provide have not been disputed by the NRA and which present a compelling case for permitting the proposed petrol station. In view of the information they have submitted with this application and in the TIA they provide that the proposed development will not put at risk public investment in the national road infrastructure or compromise the operational efficiency of thee Togher Interchange or interfere with the operational efficiency of the national road transportation network and they request the Board to reject this appeal. In Appendix 2 they include a Submission prepared by Atkins in response to the Third Party Appeals. Their Response no.2 provides that they do not consider this application to be premature . They consider that the proposed petrol station will reduce the number of trips necessary and will facilitate trip sharing by reason of location within an established commercial complex.

The Council response notes that as part of the Review of the Portlaoise LAP 2012-2018 the Saturn Model is being updated. They provide that the Forecast Matrix Development which is an integral part of this update, draws on the changes in the Draft LAP and specifically in the revisions to the zoned land. Consequently they consider that an earlier update of Saturn would have been premature and incomplete. They consider that the traffic impact of the proposed Midway development is localised and that a model such as Saturn, which encompasses the entire town would not add in any significant manner to the assessment.

It is provided in their subsequent response that the position of the NRA is that there is a requirement in accordance with adopted policy to run the proposed development through the Portlaoise Traffic Model to demonstrate no adverse impact on the existing and /or future national road infrastructure in the area. Also that such a requirement despite being outlined in the adopted Amended Portlaoise LAP 2006-2012, and continued through the Draft Portlaoise LAP 2012-2018, remains to be addressed.

The Laois County Council response to the appeals notes that the designation of the road has now changed from Regional Road 992 to National Road 77 and that any modifications to the road will require the prior approval of the NRA and they propose a planning condition to reflect this issue ie. Following consultation with the NRA, the applicant shall kerb and install rigid bollards along the eastern side of the N77 road, as set out in Drawing P2001, Rev.J. All works pertaining to the N77 shall be subject to the prior approval of the NRA. The NRA response has regard to this issue and provides that given the importance of the Togher Interchange and the strategic function of the M7 there is an essential requirement for the careful management of development in this area to be undertaken in accordance with both official and local policies.

9.9 Regard to Material Contravention Section 34(6) of the Planning and Development Act 2000 sets out the procedure under which a planning authority may decide to grant permission for such a development. This has subsequently amended by Section 23 of the Planning and Development (Amendment) Act 2010. Section 37(2) of the 2000 Act provides the constrained circumstances in which the

PL11.240814 An Bord Pleanála Page 26 of 29 Board may grant permission for a material contravention. These include whether the development is of strategic or national importance, where the development should have been granted having regard to regional planning guidelines and policy for the area etc, where there are conflicting objectives in the Development Plan or they are not clearly stated, or permission should be granted having regard to the pattern of development and permissions granted in the area since the making of the Plan.

The Third Party considers that the Council’s grant of permission for this development is in material contravention of the current county and area plans of Laois County Council. This has particular regard to the use of the ‘localised traffic plan’ rather than the Saturn Model. The First Party do not consider having regard to the Saturn Model that the Council’s decision to grant is in material contravention of the development plan, but provide that in view of changed economic circumstances they took a more pragmatic view in their evaluation of local circumstances in the TIA and the information submitted with the proposal. The NRA response has regard to Objective T/EE 8 of the Togher Masterplan and notes that no thresholds, implicit or otherwise as outlined would exclude development proposals in the Togher Masterplan area from the requirement to be run through the Traffic Model. Therefore it is considered that having regard to planning policies and objectives material contravention is a consideration in this appeal.

9.10 Surface water and Flooding issues Section 2.4 of the Togher Masterplan refers to Infrastructure and Services and this includes regard to Storm Water Management and Treatment and this supports the principle of SUDS. Section 11.5.11 of the Laois CDP 2011-2017 provides that all developments that create waste oils and grease including garages, will be required to demonstrate has such unctuous material will be contained on site and removed through recycling or other sustainable means. As part of the further information the applicant was requested to submit details of a suitably sized Forecourt (Class 1) hydrocarbon separator to treat all surface water runoff from the areas of the site where fuels and other hydrocarbons may spill onto the paved surface. Also to demonstrate that the proposed modification of the discharge flow limit from the existing surface water management system for the greater hotel site will conform to the specifications of that policy document. Submission no. 3 of the further information submitted provides a response from Thomas Garland & Partners to issues of onsite drainage, the hydrocarbon separator and connection to services. Details are also provided of surface water attenuation including 100 year storm calculations. It is provided that surface water from the Midway Hotel and the proposed petrol station is to be discharged to an attenuation tank located in the car parking area.

Concern has been expressed that the River Triogue is unable to accommodate the existing surface water and that the extra surface water run-off will raise water levels in the river resulting in the increased risk of flooding in the Meelick Road and the possibility of flooding of properties along the Timahoe Road. The OPW has indicated in its Flood Assessment that the area along the Timahoe Road is a high-risk flood area. Submission no.5 refers to proposed storm water attenuation and provides that the proposed development of the proposed petrol station will not increase the risk of flooding to the Triogue River and the Meelick and Timahoe Roads. Having regard to the Road Safety Audit it is provided that with regard to the ponding issue on the east side of the Abbeyleix Road (R922/N77) which is localised it is proposed that the road surface be regarded to correct the drainage issue, or a new gully at the problem area. The First Party provide proposals relative to the ponding issue

PL11.240814 An Bord Pleanála Page 27 of 29 and note that a Stage Two Road Safety Audit will be prepared and submitted prior to the commencement of works.

9.11 Fuel Storage issues On the forecourt underground tank farm they wish to install two 60000L tanks and three 40000L tanks. Concern has been expressed about large commercial vehicles using the site due to the large volume of fuel to be stored at the site and reference is made to the Dangerous Substances. The Third Party is concerned that under the Dangerous Substance (Retail and Private Petroleum Stores) Regulations 1979 (S.I.No311 of 1979) in Part 11 Section 32 Paragraph (2) the Regulations states: ‘No underground storage tank at a licensed retail store shall have a rated capacity exceeding 40000L. In par.13 of Submission 6 of the further information submitted it is provided that the proposed complex of tank storage facilities on site are not in contravention of the Dangerous Substances (Retail and Private Petroleum Stores) Regulations 1979. The First Party response to the appeal, provides details on proposed fuel storage and underground tank capacity requirements and provide they would have no objection to a condition on the permission restricting the number of tanks to that stated. (i.e. one 60,000L tank and two 40,000L tanks. In Appendix 1 they include a letter from Topaz regarding this issues and the capacity of the underground tanks.

It is noted that condition no.13 of the Council’s permission provides: The proposed filling station shall comply in full with the Dangerous Substances (Retail and Private Petroleum Stores) Regulations, S1311 of 1979. Section 7.8 of the Development Management Guidelines 2007 relates to the inappropriateness of applying Conditions under other Codes. As this area is covered under separate regulations it is not considered appropriate to include this as a planning condition.

9.12 Screening for Appropriate Assessment

It is noted that a Screening for AA Report has not been included with this application. Chapter 5 of the Amended Portlaoise LAP 2006-2012 includes details on Designated areas and notes that together SPAs and SACs make up the Natura 2000 network of wildlife sites. It is noted that the River Triogue is listed on the Register of Protected Areas as a Nutrient Sensitive River under the Water Framework Directive. SACs and SPAs are listed in the Laois CDP 2011-2017 and Section 13.2.5 refers to Appropriate Assessment. They are shown on Maps 1.13.1 and 1.13.2 and it is noted that there are none in close proximity to the subject site. In view of the information submitted having regard to drainage it is considered that provided the appropriate measures are carried out in accordance with current standards that the proposal will not have any adverse impact on the environment. It is not considered, having regard to the scale, nature of this proposal and the nature of the receiving environment that the proposed development would be likely to have a significant effect on a European site.

10.0 CONCLUSION AND RECOMMENDATION Having regard to all of these issues as discussed in this Assessment above, it is considered that while the proposed use is ‘open to consideration’ in the land use zoning, there are concerns about whether it can be considered as a stand-alone application for a petrol filling station or as part of the more integrated development of the greater Togher Masterplan Area. There are concerns relative to this application being considered premature in that particularly having regard to the location of the site in proximity to the strategic road network, the localised traffic model could be considered ‘piecemeal’. In accordance with planning policies regard should have been had in the TIA and traffic modelling to the Portlaoise Traffic Model.

PL11.240814 An Bord Pleanála Page 28 of 29 Also there is concern that the application is premature pending the review of the traffic model and of the land use zonings in the Portlaoise LAP 2012- 2018 which is not yet adopted and is currently in Draft form.

In this case it is considered that it has not been ascertained that the proposed development would be in the interests of maintaining the operational efficiency of the road network and in accordance with planning policies and objectives which provide for the use of the Portlaoise Saturn Model. These include ObjectiveTT10/O02 in Section 10.3 of the Laois CDP 2011- 2017, Section 2.2. (Portlaoise Traffic Model) of the Amended Portlaoise LAP 2006-2012 and Objective T/EE 8, of the Togher Masterplan.

In view of the above it is considered that the proposed development would not be in the interests of the proper planning and sustainable development of the area and it is recommended that permission be refused for the reasons and considerations below.

11.0 REASONS AND CONSIDERATIONS 1. The proposed development involves a petrol station with retail unit, with access onto the N77, National Secondary Road close to the Togher Motorway Interchange, a major strategic interchange on the M7 Motorway and the National Primary Road Network. The Localised Traffic Model submitted to Laois County Council demonstrates that the proposed development would give rise to increased traffic movements and traffic volumes on the Abbeyleix Road and the Togher Interchange. It is therefore considered that the proposed development would be contrary to Objective TT10/O02 in Section 10.3 of the Laois CDP 2011-2017 in that it would not maintain and enhance the carrying capacity and operational efficiency of the strategic road network and improve the safety of the transport network generally. Also the proposed development has not been run through the Portlaoise Saturn Model and is therefore contrary to Section 2.2 of the Amended Portlaoise Local Area Plan 2006-2012 and Objective T/EE 8 of the Togher National Enterprise Park Masterplan both of which refer to the provisions of the Portlaoise Traffic Model. As such it would be considered piecemeal and premature pending a review of this traffic model and of the Portlaoise Local Area Plan 2012-2018 and would therefore be contrary to the proper planning and sustainable development of the area.

______Angela Brereton, Inspector, 21 st of September 2012

PL11.240814 An Bord Pleanála Page 29 of 29