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090151B2800c6862.Pdf For inspection purposes only. Consent of copyright owner required for any other use. EPA Export 25-07-2013:18:24:57 a For inspection purposes only. Consent of copyright owner required for any other use. EPA Export 25-07-2013:18:24:57 AGWCONCONCERNED RESIDENTS ASSOCIATION The Estate Office C/o Bannon’s Cottage Birr Aghancon (Roscrea) County Offi~ly County Offaly Phone 0509 20023 Phone: 0509 31963 An (Please note that the two addresses should be used by Bord Pleanala to correspond with the ACIRA. The owner of Barinon Cottage may be away from the cottage for parts of 2005, and therefore to avoid confusion we would ask that An Bord PleanBla also use the Estate Office address. Thank you) Date: Monday, January 10,20( The Secretary An Bod PIeanala 64 Marlborough Street Dublin 1 Re: Planning Reference 04/6 J @ Applicant: T & Standish (Roscrea) Ltd Notification of a grant of permission, namely change of use, and permission to retain existing development and uses associated with the existing sawmills, timber works and retail unit, a short distance south of leap castle (a protected structure) Granted by Offaly County Council on the 03.12.2004 Dear Sirs “Then, as now, there was no greater weapon to instil fear into apolitician than the threat of the loss of jobs. Indeed there is no greater elixir in political life than the promise of mass job creation, particularly in a politicians own constituency. In both instances the politicians cave in. That a substantial donation to the party’s coflers is forthcoming, immediately or at the next electoral contest, is regarded as mere& coincidental. ’’ For inspection purposes only. Consent of copyright owner required for any other use. Yes, Taoiseach Irish politicsfrom behind closed doors FRANK DUNLOP We wish to appeal against this flawed and unjustifiable decision by Offaly County Council on the basis that An Bord Pleanda has already rehsed planning permission previously and that Offaly Council has failed to take in to account the reasons and conditions issued by An Bord Pleanala under the previous refbsal 19.201394. We believe that the council has made a political decision (not a planning decision) based on the existing jobs and improperly planned mishmash of buildings rather than the adverse impact on a national monument and protected structure in a rural area of high amenity. We urge An Bord Pleankla to again refbse permission in this matter. We enclose the original receipt document fiom Offaly County Council and the appeal fee amount of €200.00. We would request an ORAL HEARING and enclose a fee of €90.00. APPENDIX NO 01. An Oral Hearing is important in this case because it is the only time that residents can question the planning authority that continually hide and refbse to talk constructively to the residents. Page I EPA Export 25-07-2013:18:24:57 . '. " . -. _..... :.. ... -I: .. ... _, . ... -. ... ..- -- rXGIfAI\TCON CONCERNED RESIDENTS ASSOCIATION I The Estate Office C/OBannon's Cottage Birr Aghancon (Roscrea) County OffaIy County Offaly Phone 0509 20023 Phone: 0509 31963 ._I I _____p ---.- "l__l_"___ __._ "- "~ -_,--"--, _-91_1_"__ *_^_ __ __ __ __~_ ------------ ----e--> -- We enclose a copy of our original objection (excluding appendices) to the previous grant of An permission P1 REF 02/648, which Bord Pleanala refbsed under REF 19.201394. Many, if not all of our original objections are still valid in this rehashed permission by the applicant. APPENDIX NO 2 We also believe that the council and the applicants have failed to hlly address the requirements of the Planning & Development Act 2000 and Planning Regulations in relation to National Monuments and protected structures such as Leap Castle. There is no evidence of the council assessing the heading under under Section 5 1 of the 2000 Act. L"f7 0 Special Architectural Interest 0 Historical interest 0 Archaeological Interest Cl 0 Artistic Interest 0 Cultural Interest 0 Scientific Interest 0 Social Interest 0 Technical Interest We believe that there is no decisive policy in relation to protecting heritage in this country at Ministerial level or at local government level. The EPA is failing spectacularly to implement is much voice polluter pays policy. It is easy for anyone to pay paltry fines in the District Court, and no criminal convictions have been imposed for polluters, while people have been sent to prison for not paying TV or Dog licenses. But persons who claim that the planning system, is like a applying for a driving licenses and have been in constant breech of an IPC licenses are allowed continue in their efforts to pollute. For inspection purposes only. We believe that this decision is aConsent political of copyright decision owner required based for any on other the use. fact that the facility is already there. If this were proposed as a greenfield proposal, for one of the buildings or two of the buildings currently under review that council would have refbsed them. Grounds for refhal would have been adverse impact of Leap Castle, impact on the Environment, Noise, Opening hours, rural amenity, Pollution, and traflic impact (on rural Country roads of narrow widths) such as those issued in the rehsal for the quarry pits in close proximity to the Castle The Board Decision and Direction for 19.201394 fin Italics) 1. No part of the existing development on the application site is authorized by way of P.P. It is , considered that the granting of permission for retention of part of the overall development would facilitate unauthorized development on the site, as such, would be contrary to P.P.&S.D. Since the Board refbsed permission in July 2003 it must be noted that the applicants did not close done or were not closed done by the council, despite its illegal nature. These residents have had to endure another 18 month of this unauthorised development and residents lives on a daily basis. The sawmills have no inten condition, refer to the UD file where a director states that thr willing to go to jail for the sawmills. APPENDIX NO 3. ._,-_I__ II-XIL-LII^--P------XI..l.-- I-,---- __--.__.___- ....------- .--I Ij" Page 2 illl EPA Export 25-07-2013:18:24:57 ... .. .. _i_ :.. .' .. .. - ". .* .... - 1 .. .. .. .. .: .. ., .~ . ' ,- .... .. ,. ,.. .. .. - .... .. ,> . .. .. :. .. .. .r .. Not one days production has been lost since An Bord Pleanala rehsed permission. We would again urge An Bord Pleanala to rehse permission on the basis that the grant of any planning permission even in a limited form will result in the consolidation and intensification of unauthorized development and set an unhealthy precedent for other unauthorized development. We would request that An Bord Pleanhla rehse permission under section 35 of the Planning & Development Act 2000 - rehsal of planning peniission for past failures to comply. If An Bord Pleanala are to consider granting any limited permission on this occasion for lesser ~ amounts of buildings i.e. smaller scale, we must insist on the absolute minimum of buildings be ' granted permission for. Again in relation to time limits for operation they should be those regularized such as 0800 to 1800 hours to preserve the rural and residential amenity. Chainsaws The EPA has failed to address the issue of Noise even though official complaints have been lodged with the EPA and now the European Union. 0 For inspection purposes only. Consent of copyright owner required for any other use. It must be noted that the High Court have imposed a closing time of 2000 hours in relation to the sawmills, to mitigate the impacts on the residents. This is an arrangement agreed between parties prior to a hll hearing, before the High Courts, in 2005. It must also be noted that the high court judge "Mr Justice Abbott observed that iffhe sawmills failed to get permission, the order of the court would be harsh". We wish to Draw to An Bord Pleanala' attention the passage of the Planning & Development Act 2000. Section 162 states that an injunction shall be neither stayed nor withdrawn by virtue of the fact that an application for retention has been made. APPENDIX NO 4 A similar statement was made in the High Court earlier in July 2002, prior to thew first retention application being lodged. Another case for contempt of this High Court arrangement, is due to be held in early 2005, as it is alleged that the applicants have failed to adhere to this arrangement. I If An Bord Pleanala were issue any limited permission would fbrther limited to completely close at 1800 hours, a Page 3 - ----------- =" = -srv '--mm __x EPA Export 25-07-2013:18:24:57 1 AGHANCON CONCERNED RESIDENTS ASSQCIATION I The Estate office C/o Bannon’s Cottage Birr Aghancon (Roscrea) County OfFaly County Offaly Phone 0509 20023 Phone: 0509 31963 3. The development, by reason of its proximi9 to Leap Castle, and particularly to the proximity of the Pencil Stake Building and the open storage area to the north-eastern area of the site (incorrectly shown as car parking in the site layout plan), seriously detracts from the setting of a protected structure unci? as such, seriously injures the amenities of the area and is contrary to P.P. &S. D. The board has noted that the storage area was to be carparking, but we must note that there is nothing to stop these applicants abusing or using any part of their land holding to store timber regardless of.its impact on the Castle or on the local environment. This was exhibited in March 2003 when treated timber was stored of the sawmills site in an unauthorized quarry, in an area within the aquifer protections zone.
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