An Bord Pleanála Ref.: 12JA0034

An Bord Pleanála

Inspector’s Report

Development: Proposal to increase water abstraction from & upgrade water treatment plant at Moneyduff, as part of North Leitrim Regional Water Supply Scheme, Phase II.

Location: Townlands of Greenaun North & Moneyduff in County Leitrim and townlands of Abbeyquarter North, Rathquarter, Cleaveragh Demesne & Far in County and at Cormorant Rock and Pearl Rock in Lough Gill.

Local Authority: Leitrim County Council

Type of Case: Application for approval under Section 175 of the Planning & Development Act 2000 (as amended) Section 177AE of the Planning and Development Amendment Act 2010.

Observers/ Damien J Brennan, Aughamore Near, Sligo. Prescribed Bodies: An Taisce Department of Arts, Heritage & the Gaeltacht Sligo Anglers Association Sligo County Council

Date of inspection : 15 th and 16 th June 2013

Inspector: Bríd Maxwell

12JA0034 An Bord Pleanála Page 1 of 33 1.0 INTRODUCTION

1.1 In March 2013 Leitrim County Council sought the approval of the Board under Section 175 of the Planning and Development Act 2000 (as amended) and Section 177AE of the Planning and Development Amendment Act 2010 for the proposal to increase water abstraction from Lough Gill and upgrade the Moneyduff Water Treatment Plant in the townlands of Greenaun North and Moneyduff in County Leitrim and in the townlands of Abbeyquarter North, Rathquarter, Cleveragh Demesne and Aghamore Far in and at Cormorant Rock and Pearl Rock in Lough Gill.

1.2 An Environmental Impact Statement (EIS) and Natura Impact Statement (NIS) have been prepared by Jennings O Donovan and Partners Limited Consulting Engineers on behalf of Leitrim County Council in respect of the proposed development.

1.3 The prescribed bodies which were notified in accordance with Section 175(4)(b) and Section 177 AE(4)(b) of the Planning and Development Act 2000 (as amended) were listed to be as follows: • An Comhairle Ealaíonn • Bord Failte Eireann • An Taisce • Sligo County Council • Sligo Borough Council • Regional Fisheries Board • Inland Fisheries Ireland • Environmental Protection Agency • Heritage Council • Department of Arts, Heritage and the Gaeltacht.

1.4 Additional Information was requested by the Board on 22 nd May 2013 in respect of the following items:

(i) North Leitrim Regional Water Supply Scheme Garavogue River – Hydraulic Study (ii) Clarification on extent to which climate change considerations were factored into the assessment of impacts (iii) Details of current discharge quantity and quality from Moneyduff Water Treatment Plant (iv) Further information including relevant baseline studies to address impact below the upper weir on the Garavogue River (v) An assessment of potential for likely significant effects on other water dependent species using the lower reaches of the Garavogue for feeding spawning and nursery areas. (vi) Further evidence in relation to the functioning of the allluvial woodland habitat type. Evidence to substantiate the claim within the EIS that the increase in water level within the Garavogue will not impact significantly on the adjacent alluvial woodland as

12JA0034 An Bord Pleanála Page 2 of 33 there will been little or no change in the extent of alluvial woodland flooded during the summer growing season. (vii) In-combination impacts – further information in relation to effects of current and proposed abstractions. (viii) Detailed proposals in relation to water management and regulation. (ix) Consultation arrangements and responsibilities in respect of proposed remediation works on Pearl Rock and Cormorant Rock. (x) Evidence to substantiate claims that no significant impact on fish passage will arise. (xi) Further details in relation to works on walkways/cycleways in Doorly Park. (xii) Impact on lands in Aughamore Near and assessment of potential for flooding on local road L-36025-0 at Aughamore. (xiii) Further information on site archaeological survey. Monitoring mechanisms and remediation. (xiv) Collation of mitigation measures, timeframes, responsibilities, reporting and monitoring requirements.

1.5 Section 175 of the 2000 Act refers to Environmental Impact Assessment of Certain Development carried out by or on behalf of local authorities. Section 175(6) of the Act requires that the Board, prior to making its decision in respect of a local authority development which requires an environmental impact assessment, consider the Environmental Impact Assessment submitted, any submissions or observations in respect of the proposed development and other information furnished in accordance with subsection (5) of the Act, relating to: (i) the likely effects of the proposed development on the environment, (ii) the likely consequences for proper planning and sustainable development in the area in which it is proposed to situate the said development of such development.

1.6 Section 177AE of the Planning and Development (Amendment) Act 2010 refers to Appropriate Assessment of certain development carried out by or on behalf of local authorities. Section 177AE(6) requires that before making a decision in respect of proposed development under this section, the Board shall consider - the natura impact statement submitted and any other information furnished relating to (i) the likely effects on the environment of the development, (ii) the likely consequences for proper planning and sustainable development in the area in which it is proposed to situate the said development of such development, and (iii) the likely significant effects of the proposed development on a European Site.

1.7 As the competent authority the Board is responsible for completing and recording the Appropriate Assessment and the Environmental Impact

12JA0034 An Bord Pleanála Page 3 of 33 Assessment in respect of the proposed development. This report therefore considers the NIS and EIS submitted, the submissions and observations made in respect of the development and other information that has been submitted in respect of it and comprises: • an assessment of the likely effects of the development on the environment, • a planning assessment of the proposed development, • an appropriate assessment of the proposed development, and • an environmental impact assessment of the proposed development.

1.8 Ultimately, on the basis of the relevant issues as outlined above, this report recommends whether or not the Board should grant approval to the County Council for the proposed development.

2.0 SITE LOCATION AND DESCRIPTION

2.1 Lough Gill covers an area of 1,450 hectares, contained within a shoreline perimeter of 30.52 kilometres, and includes numerous bays and twenty one small islands. Lough Gill is 2km east of Sligo town and lies at a geological junction of ancient metamorphic rocks which produce acid groundwater, and limestone which dissolves in the groundwater. The shores of Lough Gill are lined with limestone. Parts of the lake, which reach over 20 metres in depth, feature underwater cliffs. The main inflowing river is the Bonet River which enters the lake in the southeast corner while the Garavogue River runs from the western end of the lake into Sligo Harbour. The Newtownmanor River enters Lough Gill in the east of the lake at Sriff townland. The lake is located within Hydrometric Area 35 and within the Western River Basin District. The lake shores are covered for the most part with woodland, comprising both broadleaf and coniferous trees. Other land uses include agriculture and the lake also provides for a number of recreational and amenity activities.

2.2 Lough Gill is the source of raw water for three major public water supply schemes: the North Leitrim Regional Water Supply Scheme NLRWSS operated by Leitrim County Council, the Sligo and Environs Water Supply Scheme and Carns Hill Water Supply Scheme both operated by Sligo County Council. There are also a number of other extractions which exist from Lough Gill with total current abstraction rights amounting to 31,541m 3/day. 1

2.3 The outlet flow from the lake is currently controlled by the existing upper weir on the River Garavogue at Riverside Sligo. The upper weir, which was rehabilitated in 2000 in conjunction with Phase I of the NLRWSS and the Sligo and Environs WSS, is currently set at a level of

1 Table 11.4 Details of Existing Water Abstractions from Lough Gill. EIS, September 2012. Section 11, 11.6 Infrastructure.

12JA0034 An Bord Pleanála Page 4 of 33 3.691m above Ordnance Datum (m OD) Malin Head. The upper weir consists of a curved profile structure incorporating sluice gates and a fishpass. A pedestrian footbridge situated above the weir provides access to the sluice gates and fishpass, as well as providing a link between Riverside and the Mall in Sligo Town.

2.4 The North Leitrim Regional Water Supply Scheme currently extends to 433 square kilometres or 27% of County Leitrim from in the north of the scheme supply area to in the south. The existing raw water intake for the NLRWSS is located in the townland of Greenaun North, County Leitrim in an area of Lough Gill known as White’s Bay. The intake consists of a submerged screen and intake pipe from where raw water gravitates to an underground tank at the adjacent intake pumphouse. From here raw water is pumped to the Water Treatment Plant located in the townland of Moneyduff.

2.5 The Moneyduff Water Treatment Plant is situated off the R286 approximately 1.8km to the east of the raw water intake and approximately 2.5km north of . The treatment process comprises coagulation, dissolved air flotation, rapid gravity filtration, pH correction, fluoridation and chlorination. Treated water flows by gravity from Moneyduff to Dromahair. Further pumping is required from Moneyduff to a high level reservoir located in the townland of Cornalaghta prior to distribution by gravity to Manorhamilton and onto Drumkeeran where a local pump station boosts supply to the town.

3.0 PROPOSED DEVELOPMENT

3.1 The proposal comprises Phase II of the North Leitrim Regional Water Supply Scheme (NLRWSS). The existing Moneyduff Water Treatment Plant is operating at capacity and it is asserted that it is necessary to increase the capacity of the existing treatment plant to meet the water demands of the existing NLRWSS Phase I supply area and the new Phase II area. Phase I commenced construction in 2001 and was operational in 2004. The proposed extension and upgrading of the existing Moneyduff Water Treatment Plant involves increasing the existing treated water output capacity from 3,600m 3/day to a proposed ultimate capacity of 8,000m 3/day. Completion of Phase II will see the NLRWSS extend to over 632 square kilometres or approximately 40% of County Leitrim and the Moneydufff Water Treatment Plant producing treated water for approximately 12,477 persons. A water abstraction order was obtained by Leitrim County Council under the Water Supplies Act 1942 to abstract up to 8,000m 3/day, (date of coming into force 25/2/2013).

3.2 The main elements of the proposal are as follows: • Raising the controlling weir crest level of the upper weir in the River Garavogue, in Sligo by 100mm (from 3.691m OD to 3.971m OD)

12JA0034 An Bord Pleanála Page 5 of 33 • Modifications to the existing raw water intake at Greenaun North townland. • Upgrading of the existing Water Treatment Plant at Moneyduff townland to a proposed ultimate capacity of 8,000m 3 /day. • Mitigation works associated with corresponding rise in water level in Lough Gill which includes: raising footpaths in Doorley Park in Sligo, raising the islets Cormorant Rock and Pearl Rock (Co Sligo) and protection of lands from erosion at Aghamore Far townland, Sligo.

3.3 In relation to the extension and upgrading of the existing Moneyduff Water Treatment Plant it is outlined that the main buildings, are all adequately sized to accommodate the proposed expansion. The units / structures required to accommodate the proposed expansion include: • New Raw Water Splitter Chamber • Additional Balancing Tank • Additional Raw Water Flow Meter Chamber • Additional Process Stream Building incorporating dissolved air flotation units, rapid gravity filters and ancillary process equipment • Clear Water Tank • Chlorine Contact Tank • pH Correction Media Storage • Additional Sludge Picket Fence Thickener • New Sludge Dosing Building • Discharge Water Treatment Unit. It is proposed that the current discharge location be moved further downstream to a new location on the Newtownmanor River to a location with better assimilative capacity. It is envisaged that a treatment process in the form of filtration by gravity or under pressure will be installed to meet the treatment requirements to comply with the European Communities Environmental Objectives (Surface Waters) Regulations 2009 (S.I. No. 272 of 2009), as amended.

3.4 The controlling level of the lake, which is currently provided by the rehabilitated weir on the outflowing Garavogue River in Sligo, needs to be increased by 100mm to provide storage for the proposed increased abstraction of 2,500m 3/day from 5,500m 3/day to 8,000m 3/day. To achieve the 100mm increase in crest level of the upper weir on the Garavogue it is proposed to fix a 200mm diameter stainless steel pipe, cut in half along the length of the existing upper weir’s crest.

3.5 Total current abstraction rights from Lough Gill amount to 31,541m 3/day or 11.5 million cubic metres annually. The proposed development seeks to increase Leitrim County Council’s abstraction rights by 2,500m 3/day or 0.91 million cubic metres annually.

3.6 In relation to the carrying out of proposed works it was clarified in the response to the Board’s request for additional information that full agreement has been reached with Sligo County Council in relation to

12JA0034 An Bord Pleanála Page 6 of 33 works within its functional area whilst Leitrim County Council has agreed to finance the cost of such works.

4.0 Planning Policy Context

4.1 National Spatial Strategy 2002-2020 4.1.1 The National Spatial Strategy NSS identified Leitrim as a predominantly rural county with strong potential for diversification. Sligo is the gateway town for the region.

4.2 National Development Plan 2007-2013 4.2.2 The National Development Plan 2007-2013 forms the basis on which national expenditure is based and identifies the focus of investment on water services.

4.3 The Border Regional Planning Guidelines 2010-2022 4.3.1 The Border Region includes the geographical areas of counties Cavan, Donegal, Leitrim, Louth, Monaghan and Sligo. The Regional Planning Guidelines, at Table 5.1, sets out priority water infrastructure projects from Assessment of Needs 2009 in line with planned population growth. Appendix 7 Water Services Investment Programme 2010-2012 (Border Region) includes the North Leitrim Regional Water Supply Scheme Phase II.

4.4 Leitrim County Development Plan 2009 – 2015 4.4.1 The Leitrim County Development Plan 2009 – 2015 is the relevant development plan. Policy 10.1 is the policy of the Council to seek to “provide or assist in the provision of an adequate water supply, conforming to EU directives for all commercial enterprises and private houses in towns and villages in the County and in rural areas as resources allow ”. Objective 10.1a “It is an objective of the Council to extend the now completed North Leitrim Regional Water Supply Scheme to cater for the demands of Manorhamilton, Dromahaire, Drumkeeran and all existing and proposed group water schemes capable of being supplied by the scheme”.

4.5 Water Framework Directive 4.5.1 The Water Framework Directive (WFD) is a key initiative aimed at improving water quality throughout the EU. It applies to rivers, lakes, groundwater and coastal waters. The Directive requires an integrated approach to managing water quality on a river basin basis; with the aim of maintaining and improving water quality. The Directive requires that management plans be prepared on a river basin basis and specifies a structured approach to developing those plans. It requires that a programme of measures for improving water quality be brought into effect by 2012 at the latest. River Basin Management Plans are to be prepared and renewed in six year cycles and the first plans cover the period to 2015. The implementation of the WFD requires that no

12JA0034 An Bord Pleanála Page 7 of 33 deterioration takes place in any waters and that all achieve good status by 2027 at the very latest. By 2015 the core requirements of the Water Framework Directive are to prevent deterioration, restore good status, reduce chemical pollution and achieve protected areas objectives.

4.6 The Western River Basin District Management Plan 2009-2015 4.6.1 Sets out the strategy for achieving the objectives of the Water Framework Directive within the river basin district. There are fourteen water management units for the rivers and lakes in the Western River Basin District and these are subject to detailed action plans. Lough Gill falls within the Garavogue Management Unit.

4.7 Actions for Biodiversity 2011-2016, Ireland’s National Biodiversity Plan 4.7.1 Includes a range of strategic national objectives. It notes that Ireland’s native biodiversity faces significant threats from invasive alien species the control of which is a major challenge.

4.8 Appropriate Assessment of Plans and Projects in Ireland – Guidance for Planning Authorities, 2009 4.8.1 This guidance document was prepared by the NPWS of DEHLG. It provides guidance in relation to the Birds and Habitats Directives and the procedures and obligations of member states in relation to nature conservation management. The key requirement is consideration of the nature conservation implications prior to authorisation of development consent. Appropriate Assessment will be required if it cannot be excluded that the project will have a significant effect on the site, if there are doubts about the risks of significant effect and if the project is likely to undermine any of the site’s conservation objectives.

4.9 Guidelines for Planning Authorities and An Bord Pleanála on carrying out Environmental Impact Assessment, 2013. 4.9.1 This document provides guidance in respect of the implementation of the EU EIA Directive. It deals specifically with procedural issues and the EIA process.

5.0 WRITTEN SUBMISSIONS AND OBJECTIONS

5.1 Damien J Brennan

5.1.1 Damien J Brennan, of Broc House, Holy Well Lane, Aughamore Near, objects to the proposed development. As owner of lake frontage and adjacent lands at Aughamore Near, concern arises that these lands will be subject to increased inundation. States concern that the development will compromise future intentions to provide a facility for recreational vehicle / motorhome / glamping facility in this area.

12JA0034 An Bord Pleanála Page 8 of 33 5.2 An Taisce

5.2.1 An Taisce submission asserts that climate change modelling is required to determine the impact of the proposal during periods of variable rainfall and lakewater levels.

5.3 Department of Arts, Heritage and the Gaeltacht

5.3.1 Submission notes specific concerns in relation to impacts to Sea Lamprey ( Petromyzon marinus ), River Lamprey ( Lampetra fluviatilis ), Brook Lamprey ( Lampetra planeri ) and Freshwater Crayfish (Austropotamobius pallipes ) below the upper weir on the Garavogue River. All species listed in Annex II of the EU Habitats Directive and qualifying interests of the Lough Gill Special Area of Conservation. Notably no survey of the species below the upper weir of the Garagvogue was carried out as part of the EIS. It is possible that the habitat below the upper weir may be very significant for lamprey species, especially Sea Lamprey ( Petromyzon marinus ) and River Lamprey ( Lampetra fluviatilis ) in the Lough Gill system. From the information provided it is unclear what the impacts will be on the species listed above due to changes in the water regime, particularly the changes in the flow below the upper weir, especially during low flow periods.

5.3.2 Question the assertion that the increase in water level within the Garavogue River will not impact significantly on the adjacent alluvial woodlands based on the fact that there will be little or no change in the extent of the woodland flooded during the summer season. This statement requires a high level of understanding of this habitat type which has not been demonstrated.

5.3.3 The Appropriate Assessment must consider in combination impacts. Proper consideration required on the impacts of existing water abstraction on the Natura 2000 site.

5.3.4 Insufficient information has been provided in relation to water management and how the weir will be managed especially during periods of low flow.

5.3.5 Remediation works on Pearl Rock and Cormorant Rock will require consultation with and agreement of the National Parks and Wildlife Service which should be stated in the EIS.

5.3.6 Insufficient information is provided in relation to archaeological assessment. Further information is required on the site survey / archaeological inspection carried out along the shoreline of the lake as part of the EIS and assessment of existing sites which will potentially be impacted by the development. Potential for impact on Parke’s Castle (LE037-037001) and its associated sites a bawn and sweat

12JA0034 An Bord Pleanála Page 9 of 33 house (LE039-37-1 and LE037-037003), which form a national monument. Ministerial consent may be required. Further information required on the nature of the impact on the salmon weir at Sligo town.

5.4 Sligo Anglers Association

5.4.1 Since the recent “Upper Weir” on the Garavogue was built the Garavogue and Lough Gill fisheries have been invaded by common seals in particular during high water conditions. An effective device or system should be installed to address this issue during works to the weir infrastructure.

5.4.2 Concern in relation to potential for pollution event in connection with waste washwater, comprised of settled backwash water, from the treatment process at Moneyduff WTP, which discharges into a drainage tributary of Newtownmanor River which flows into Lough Gill. Reference is made to previous pollution event in 2008 which resulted in a significant fish kill.

5.4.3 Question whether a Stage 4 Appropriate Assessment should have been completed as there was no consideration of alternatives for abstraction of water elsewhere.

5.4.4 Many conclusions in EIS and NIS are based on opinion. No guarantee that with mitigation measures there will be no impact on aquatic species or habitats.

5.4.5 Concern is expressed in relation to potential for impact of increase in head pressure in relation to migratory salmon. No scientific basis for assertion that no significant impact on fish passage as a result of the proposed 100mm increase.

5.4.6 Increased retention time in lake can impact on phytoplankton community of the lake which could result in increased algal blooms and impact on water quality of the lake.

5.4.7 There is no guarantee that works will not negatively impact on the lake environment or damage the angling interests of Sligo Anglers Association. If the project is given approval there should be provision for compensation in the event that there is any damage to Sligo Anglers Association fisheries. If provision for deterrent of seals from entering Lough Gill is not included, the developers should compensate Sligo Anglers Association.

5.5 Sligo County Council

5.5.1 Sligo County Council acknowledges the rational for the proposed development and considers that the proposal is in principle in accordance with the proper planning and sustainable development of the area. In combination effects of all proposed ultimate abstractions

12JA0034 An Bord Pleanála Page 10 of 33 both upstream and downstream of the new weir level should be addressed.

5.5.2 It is important to ensure that emission limit values are established and implemented for the wastewater discharge from the development to ensure compliance with national water quality standards as set out in European Communities Environmental Objectives (Surface Waters) Regulations 2009 (S.I. No. 272 of 2009).

5.5.3 In relation to cultural heritage sites there is no clear reporting mechanism or responsibility for remedial works. All sites at risk from erosion should be fully surveyed to provide a baseline prior to commencement of works if approved. Bi-annual surveys should be submitted to the National Monuments Section for consideration.

5.5.4 In relation to impact on walkways/cycleway in the Doorly Park and Cleveragh area, Sligo County Council and Sligo Borough Council are not satisfied that the extent of footpaths / walkways to be raised as part of the proposal will adequately protect this important amenity / asset.

5.5.5 Concerns that the proposal could give rise to flooding on local road L- 36025 (Old Road Number 296) at Aughamore.

5.5.6 The ecological factors that regulate the alluvial woodlands along the Garavogue are not well understood in terms the optimal flooding regime to ensure favourable conservation status. Accordingly, the effect of increased water levels on the alluvial woodlands remains unknown. If the EIS and NIS were going to be approved the minimum mitigation that could be achieved would be on-going monitoring of the site with reporting to NPWS on the conservation status of the woodlands and the ecological response to an increased flooding regime. Any potential negative impacts on the alluvial woodlands arising from increased water levels could not be mitigated for in the future in order to retain / achieve favourable conservation status for the priority habitat.

5.5.7 The NIS assesses downstream impacts on the Garavogue River in terms of fish passage and the maintenance of adequate flows for fishery needs. However, it does not address the potential for likely significant effects on other water dependent species that use the lower reaches of the Garavogue for feeding, spawning and as nursery areas, particularly otter (Annex IV species requiring strict protection), lamprey species and crayfish. The proposed reduction in water levels below the weir could have the effect of making existing suitable feeding, spawning and nursery areas unsuitable or unavailable to the above water dependent species. The NIS does not provide data / information to assess whether or not the proposed decrease in water levels below the weir would give rise to a likely significant effect on the qualifying interests of the Natura 2000 site.

12JA0034 An Bord Pleanála Page 11 of 33 5.5.8 Regulation and control of the weir should be outlined. A precautionary approach should be adopted to the on-going management of the alluvial woodlands and other qualifying interests of the SAC at favourable conservation status.

5.5.9 Consideration should be given to a requirement for a management agreement / abstraction thresholds to be adopted between the relevant local authorities in the regulation of water abstraction from the lake particularly during dry summers. This could be co-ordinated through the Western River Basin Management Plan.

5.6 Further submissions in response to Further Information

5.6.1 Submission from Sligo County Council on behalf of Sligo County Council and Sligo Borough Council asserts that in-combination impacts of the current and proposed abstractions on the Natura 2000 sites have not been addressed.

5.6.2 No information is provided as to whether the designed minimum compensation flow (79,500 cubic metres per day downstream) has the potential for likely significant effects in terms of the ecological requirements of the Annex II species. The need for in-combination assessment under the Habitats Directive needs to establish that the existing project is not having a significant effect on the qualifying interests of the SAC and that the current proposal would not be contributing factor that would exacerbate any further significant effects.

5.6.3 It is recommended that the extent of alluvial woodlands is agreed with NPWS indicating seasonal flooding regime, and that an ecological assessment and monitoring protocol is agreed with NPWS to aid monitoring the alluvial woodlands into the future and to aid in determining the ecological requirements to maintain favourable conservation status.

5.6.4 The commitment of Leitrim County Council to fund the carrying out of necessary works by Sligo Local Authorities is noted. Condition should attach to permission requiring that prior to commencement of development agreement is reached with Sligo Local Authorities regarding inter alia the precise extent of improvement works required.

6.0 ASSESSMENT

6.1 Arising from consideration of the application documents, including the Environmental Impact Statement (EIS), the Appropriate Assessment Screening and Natural Impact Statement (NIS), further information and written submissions, I consider that the main issues arising may be addressed under the following broad headings:

12JA0034 An Bord Pleanála Page 12 of 33 • Need for the development and consideration of alternatives • Hydrological impacts – potential for flooding and effects on material assets • Cultural Heritage Impacts • Ecological Impacts – Fisheries Impact • Environmental Impact Assessment • Appropriate Assessment.

6.2 Need for the development and consideration of alternatives

6.2.1 The applicant’s submissions outline that the existing Moneyduff Water Treatment Plant is operating at capacity and it is necessary to increase capacity to meet the water demands of the existing North Leitrim Regional Water Supply Scheme NLRWSS Phase I area and the new Phase II area. Phase II involves the extension of the supply network to Mullies / Brackary GWS, Leckaun GWS, PWS, PWS and PWS.

6.2.2 As noted above it is an objective of Leitrim County Council, as set out in the Leitrim County Development Plan 2009-2015, to extend the North Leitrim Regional Water Supply Scheme (NLRWSS) in line with the policy to provide or assist in the provision of an adequate water supply conforming to EU Directives for all commercial enterprises and houses in towns and villages in the county.

6.2.3 As regards alternatives it is outlined that as part of the preliminary report for Phase II of the North Leitrim Regional Water Supply Scheme NLRWSS, Jennings O Donovan and Partners Limited examined the alternative of upgrading the existing supply schemes at Fivemilebourne, Kiltyclogher and Rossinver to examine the most appropriate economic and engineering solution. The existing water schemes within the Phase II area, which are a mix of public and group schemes, were noted to be generally of poor quality with water quality analysis results indicating exceedences of the maximum admissible concentration (MAC) values for a significant proportion of bacteriological tests performed. Concerns were also expressed about the reliability and limitation of quantity of raw water available for each scheme source. On examination of the alternative of upgrading each of the existing public and group schemes, the projected future demand was noted to be in excess of the available water source capacity. In view of these quantitative and qualitative issues it was determined that none of these schemes presented a suitable alternative.

6.2.4 As regards water conservation, a water audit of the existing NLRWSS distribution network calculated that unaccounted for water was 22% (which would not be considered significant in national terms). It was concluded that there could be no significant reduction in unaccounted for water which would provide for the additional demand required to meet the Phase II area.

12JA0034 An Bord Pleanála Page 13 of 33 6.2.5 In considering the question of need for the development in the context of proper planning and sustainable development, I conclude that having regard to the requirement for a secure water supply to the North Leitrim Regional Water Supply Scheme Phase II area, and to the constraints and demands which presently exist, the need for the development has been demonstrated and the increased abstraction is justified. Based on the submitted details, I consider that an adequate consideration of alternatives has been undertaken. The proposal represents the most appropriate water source in this context.

6.3 Hydrological impacts – potential for flooding and effects on material assets

6.3.1 The North Leitrim Regional Water Supply Scheme Garavogue River - Hydraulic Study Report by Fluvio R&D Limited, dated June 2011, which was submitted in response to the request for additional information, addresses the effect of raising the weir crest on the lake level. The hydraulic study models the river/lake/river system for a number of hydrological and hydraulic conditions of inflow, starting lake level and outflow via the Garavogue River. The report examines the effects of incrementally raising the weir level on extreme flood flows and also examines the storage adequacy for extended dry periods.

6.3.2 The hydrological model was designed to simulate the proposed increase of +100mm in weir crest height and the associated effects on water levels under severe flood events in winter time. The 1 in 100 year event was taken into consideration. Allowance for climate change was taken into consideration in the calculation of duration of the extended dry period using the adjustment factor of 1.2 in accordance with OPW recommendations for climate change. The predicted impact on water levels under dry conditions (summer time) is +100mm max with impact on water levels under flooding conditions (winter time) +50mm to 60mm.

6.3.3 As outlined in the EIS historically the upper weir was used to retain water levels on Lough Gill and to provide sufficient water flows through an old Mill Building (the mill building was demolished in 1998 and redeveloped as the Garavogue Villas Hotel) The crest of the original upper weir was at a level varying between 4.0m OD and 4.1m OD. Previous rehabilitation works to the weir which commenced in 1997 (in connection with the existing abstraction orders) set the upper weir crest level at 3.691m OD. It is now proposed to increase the crest height by +100mm to a crest level of 3.791m OD.

6.3.4 Analysis of records for Hydrometric Station 35073 located at Sligo County Council’s Carn’s Hill raw water intake, pre weir rehabilitation works (1975-1997) and post rehabilitation works (1998-2011), demonstrate that on average pre rehabilitation works lake levels have been higher than post rehabilitation works. Furthermore, levels in the

12JA0034 An Bord Pleanála Page 14 of 33 later period tended to remain closer to the average value with smaller deviance values recorded. It is asserted that this can be interpreted as a greater ability of the rehabilitated upper weir to control over flows and water levels.

6.3.5 As regards potential impact on flooding and material assets, topographical studies around the lake were used to inform the assessment of impact of a controlling lake level of 3.791m OD on land uses in the project environs. The topographical survey of shorelines identified that 27.54 kilometres (90%) of the lake perimeter comprises steep and sloped embankments. It was concluded that the potential effect of the increase of lake level by 100mm would have no impact on land uses at locations identified as steep and sloped embankments.

6.3.6 Other areas around the lakeshore were subject to detailed survey and these locations are discussed in detail in Chapter 11 of the EIS. Mitigation works are proposed in respect of the property of Martin Melly and Eileen Melly at Aughmore Far and in Doorley Park. In response to the Board’s request for additional information it was outlined that Doorley Park walkway was upgraded to a minimum base level of 4.2m OD as part of the construction works associated with the existing water abstraction orders. This level of 4.2m OD was determined in the context of the proposed controlling level of the upper weir of 3.691m OD. A survey of the walkway at Doorley Park carried out by Jennings O Donovan (Drawings 4689/EIS/201 to 4689/EIS/206) shows that walkway levels now range between 3.867m OD and 5.079m OD. Evidently certain sections of the pathway have subsided and eroded over the years and are subject to regular flooding when levels on the lake are high. It is submitted that Leitrim County Council has consulted with Sligo County Council and is fully prepared to put Sligo County Council in funds to restore and increase the path level to a minimum base level of 4.3m OD.

6.3.7 In relation to the lands of Damien J Brennan at Aughamore Near, submitted details indicate that the ground levels vary from 5.2m OD at the entrance to a high of 20.156m OD in the southwest corner of the lands. The maximum level of Lough Gill post completion has been computed at 5.19m OD (1 in 100 year storm). There is minimal potential of flooding impact.

6.3.8 Arising from concerns expressed in the submissions from Sligo County Council, it was outlined that levels on the local road L-36025-0 vary from 5.2m OD to a high of 6.9m OD and therefore there is minimal potential for flooding impact on the local road.

6.3.9 In relation to water management and regulation and control of the upper weir it was outlined that management and regulation of the upper weir and water levels on Lough Gill and the upper River Garavogue is the responsibility of Sligo County Council. The upper weir structure incorporates flood gates which when opened can control the level of

12JA0034 An Bord Pleanála Page 15 of 33 the upper River Garavogue and Lough Gill. These flood gates are provided to release extreme flood levels in the upper catchment at certain times only and particularly in summer months. In winter-time at times of high inflows into the catchment the weir crest is regularly submerged with a small hydraulic jump between the upper and lower sides of the upper weir. At these times of very high flow the restrictions of the river channel and bridges downstream of the upper weir cause the levels to rise in this section. The operation of the flood gates at these times would have little effect on lowering the high levels in the lake and are not used for this purpose.

6.3.10 In relation to downstream impacts, the current upper weir was designed to maintain minimum compensation flow of 79,500 cubic metres per day at all times to the lower reaches of the River Garavogue. The proposed increase in weir crest level will not change the minimum downstream flow.

6.3.11 I conclude that the applicant’s submissions are reasonable and demonstrate that the proposed scheme will provide for the needs of existing and proposed abstractions and will not have a significant impact in terms of flooding and material assets.

6.4 Cultural Heritage Impacts

6.4.1 As regards the impact on cultural heritage including architectural and archaeological heritage it is noted that there are thirty eight recorded archaeological sites and nine structures recorded by the National Inventory of the Architectural Heritage (NIAH) and two protected structures within approximately 100m of the River Garavogue or Lough Gill. An archaeological inspection of the recorded monument (RMP) sites located within 50m of the edge of Lough Gill with particular focus on those located within 10m of the shoreline was undertaken in June 2011. Field survey consisted of walking accessible sections of the shores and visual inspection from a boat. In addition an archaeological survey of the islands within Lough Gill and accessible shorelines around the Lough was undertaken.

6.4.2 Of the thirty eight recorded archaeological sites (RMPs) located within 100m of the River Garavogue or Lough Gill, the perimeters of eleven of these are within approximately 5m-10m of the edge of the river and lough. These comprise one promontory fort, one bawn, one sweat house, one holy well, one midden site and six crannogs / possible crannogs. Due to their nature, the six crannog /possible crannog sites are sited within water contexts and it is asserted that the proposed scheme will give rise to positive impacts as further slight inundation will have beneficial impact.

6.4.3 The holy well site SL014-181 is currently subject to erosion damage and an increase in water depth at this location may have a slight

12JA0034 An Bord Pleanála Page 16 of 33 negative effect on the site resulting in increased risk of erosion. It is proposed that part of the existing masonry wall surrounding the well may need to be conserved / rebuilt and a buffer erected around the site to protect it from inundation.

6.4.4 A potential slight negative impact during operational phase is envisaged for a ditch associated with promontory fort (SL015-90002) a partly destroyed stone wall possibly associated with a possible enclosure (SL015-125) and the bawn (LE010-037004) and sweathouse (LE010-037003) associated with Parke’s Castle. It is proposed that these sites would be monitored on an on-going basis (bi-annually) to determine if any potential flooding risks associated with the scheme are compromising the integrity and/or continued preservation of the monuments. Should a future risk be identified remedial measures could be employed to prevent further damage by means of erecting a buffer type such as hessian sand bags or gabions or a low earthen bank. In the response to the Board’s request for further information Leitrim County Council clarified that it is proposed to commission this inspection and reporting for a two year period from the commencement of the scheme; format and scope of the report to be agreed in advance with the NPWS. Bi-annual reporting will be submitted to the local authority and DAHG and Leitrim County Council will be guided by recommendations of DAHG in relation to mitigation measures suggested by the archaeologists.

6.4.5 On-going monitoring of midden site (SL021-004) (which was not identified during field survey) is proposed to determine if erosion prevention efforts can be feasibly employed in order to enhance the preservation of the site.

6.4.6 In relation to Parke’s Castle it is submitted that Parke’s Castle is outside the Lough Gill waters. The proposed scheme cannot therefore give rise to any negative impact.

6.4.7 It is asserted that with implementation of the recommended monitoring programme, the residual impact on cultural heritage is positive in that the sites are already vulnerable to erosion / water damage and should any increased risk of this be identified, appropriate measures can be applied to prevent undermining the sites.

6.4.8 I consider that it has been demonstrated that the proposed scheme will not give rise to significant adverse impact on cultural heritage.

6.5 Ecological Impact – Fisheries Impact

6.5.1 The assessment of the impact of the proposed development on the qualifying interests of the Natura 2000 sites in the area pursuant to Article 6 of the Habitats Directive is set out at Section 6.6 entitled Appropriate Assessment below. Accordingly the following review of

12JA0034 An Bord Pleanála Page 17 of 33 issues focusses on the broader ecological considerations. I refer also to Section 6.7, the Environmental Impact Assessment.

6.5.2 As regards the assessment of the potential ecological impacts arising from the proposed project, the baseline site investigations involved a habitat survey, winter bird surveys and breeding bird surveys, mammal survey and macroinvertebrate sampling. The methodology is clearly set out in Chapter 5 of the EIS. Terrestrial habitats along the shorelines of Lough Gill comprise predominantly of woodland (broadleaf, mixed broadleaf conifer, alluvial) and open farmland. Old woodland, a habitat listed on Annex I of the EU Habitats Directive, occurs along the southern shores of Lough Gill, in particular at Slish Wood. Both Slish Wood and Dooney Rock to the west have been designated by Coillte as biodiversity sites which will be left to mature.

6.5.3 Alluvial woodlands occur along the banks of the Garavogue and at the mouth of the River Bonet. Hazelwood is classified as alluvial woodland a priority habitat listed on Annex I of the EU Habitats Directive. It represents a significant proportion of the national total of alluvial woodland habitat type. 2 Under natural conditions this low-lying area would be subject to periodic flooding from the adjacent river. Hazelwood has been chosen as a demonstration site for the Woodland Restoration Project jointly funded by Coillte and EU LIFE - Nature Programme and includes measures to reinstate natural water regimes by installing dams across old active forest drains. The primary threat to the integrity of this woodland is the continuous dense growth of the exotic shrub rhododendron and to lesser extent cherry laurel and dogwood.

6.5.4 An increase in water level could potentially result in the alluvial woodland areas being flooded for longer periods resulting in die back in some species. However, notably the extent of alluvial woodland in question, i.e., the wooded area between existing and proposed dry weather levels of 3.691m OD and 3.792m OD, is 4,207m 2 or 0.5% of the overall alluvial woodland (858,700m 2).

6.5.5 Modelling conducted as part of the study has shown very little difference between the coverage of the lake and the Garavogue River due to the average summer water levels at present and as proposed. Current and proposed winter water levels show a greater difference in terms of coverage but notable changes are restricted to areas with a shallow gradient and are not common around the lake generally. It is concluded that the increase in water level within the Garvogue River will not impact significantly on the adjacent alluvial woodlands as there will be little or no change in the extent of the woodlands flooded during the summer growing season. The modelling has shown that the increase in water level will not be transferred upstream to the River

2 http://www.woodlandrestoration.ie/demonstration -sites-hazelwood.php

12JA0034 An Bord Pleanála Page 18 of 33 Bonet. The wet woodland at the mouth of the River Bonet is not expected to be significantly affected by the changing water level

6.5.6 The location of some of the Arbutus trees recorded at current water level on Lough Gill may make them vulnerable to changes in water level as they prefer dryer conditions. In particular the single specimen of Arbutus in the marsh at Tobernault Bay is considered vulnerable.

6.5.7 The twenty one islands on Lough Gill mostly contain a mix of native and non-native woodland species. During previous surveys undertaken in 1994 the islands were rated on the basis of heritage value and ratings are provided in Table 4.2 of EIS (Section 5 Page 12). Four low lying islets Pearl Rock, Cormorant Rock, Swan Island and Black Tom’s Island will be affected by the scheme. Pearl Rock and Cormorant Rock are important nesting sites for the Annex I species, Common Tern, and are presently subject to flooding during the breeding season. Measures are required to ensure that these important bird islands remain available to breeding terns and gulls. Restoration works are proposed to improve the structure of these islets to make them less vulnerable to flooding during the breeding season.

6.5.8 In considering the aquatic environment and fishery, Lough Gill supports both a game and coarse fishery. The Lough Gill Bonet River salmon stock is notably under severe pressure. Salmon spawning occurs mainly upstream in the Bonet River with anecdotal evidence of some spawning in Lough Gill just below the mouth of the Bonet River. Sea trout are mainly restricted to the Garavogue River where they also spawn. There is potential for brown trout to spawn in the lake or adjoining rivers and streams. Newtownmanor River is understood to provide a brown trout habitat. The three lamprey species spawn in gravels similar to salmonids, therefore the River Bonet and Garavogue are deemed important for spawning. I note that Inland Fisheries Ireland was involved in pre-planning / screening consultations. Details of correspondence from Inland Fisheries Ireland in relation to the proposal are included as Appendix B to the EIS, Section 1.5 of the EIS and Section 5.6 of the NIS. Inland Fisheries Ireland did not make any direct submission to the Board.

6.5.9 On the issue of fish passage and maintenance of adequate flows for fishery needs it is outlined that the existing weir crest level of the fish pass is 450mm lower than the existing weir crest level of the upper weir. The height difference takes into consideration residual Garavogue River flows and allows for healthy river conditions while maintaining adequate flows for fishery needs. The increase in upper weir crest level by 100mm will increase the head of water passing through the fish pass and thereby enhance residual Garavogue River flows. No significant impact is expected on fish passage as a result of the proposed 100mm increase in the upper weir crest level.

12JA0034 An Bord Pleanála Page 19 of 33 6.5.10 The threat of impingement and entrainment in Lough Gill would be limited to the lake dwelling fish as migrating species are likely to be large enough to avoid being drawn into the intake. Intake design can appropriately mitigate against impingement or entrainment.

6.5.11 As regards the potential for increased retention time to impact on phytoplankton communities of the lake resulting in an increase in algal blooms it is asserted that nutrient levels, particularly phosphorus, rather than retention time are the main driving force behind algal blooms. Hydrological modelling has shown that the retention time increase due to the development is in the order of 48 hours which is not expected to have a significant effect on the lake and associated aquatic ecology.

6.5.12 The potential for construction pollution to impact on the aquatic environment and species is appropriately mitigated by way of good environmental practice. Mitigation measures are also proposed in order to prevent the spread of invasive species. As regards the issue of provision of a deterrent to the passage of seals in works to the weir, as requested by Sligo Anglers Association, given that that the issue of seal passage upstream at the weir is not directly related nor affected by the proposed scheme, I consider that it is not relevant to the scheme and that here is no ecological basis for such measure.

6.5.13 Given the variable nature of the lake water levels that prevail, and the minor changes that will result from the proposed development, no significant change to the lake’s ecosystem is expected as a result of the predicted increase in the water level. The flora and fauna of Lough Gill are considered to have largely adapted to the current variable water level regime of the lake. It is concluded that there will be no significant negative effects on any terrestrial or aquatic habitats as a result of the proposed scheme. Having considered the information provided I consider that given the nature and extent of development proposed and subject to the implementation of the mitigation measures as outlined, the residual impact of the development is limited and the impact of the proposed development on the flora and fauna of Lough Gill, the rivers Garavogue, Bonet and Newtownmanor and the project environs is within acceptable limits.

6.6 Environmental Impact Assessment

6.6.1 The relevant thresholds for development subject to Environmental Impact Assessment are as follows: Schedule 5 Part 1 of the Planning and Development Regulations 2001, “Dams or other installations designed for holding back or permanent storage of water, where a new or additional amount of water held back or stored exceeds 10m million cubic metres.” Seventh Schedule Section 37 A of the Planning and Development Strategic Infrastructure Act 2006 “A dam or other installation designed for the holding back of the permanent or long term storage of water, where the new or extended area of water impounded would be 30 hectares or more or

12JA0034 An Bord Pleanála Page 20 of 33 where a new or additional amount of water held back or stored would exceed 10million cubic metres.” Seventh Schedule, Section 37A of the Planning and Development (SI) Act 2005 . “Any works for the transfer of water resources between river basins, where the annual volume of water abstracted or recharged would exceed 2 million cubic metres.”

6.6.2 The proposed development seeks to increase Leitrim County Council abstraction rights by 2,500m3/day or 0.91 million cubic metres annually. The cumulative reach of the proposed increase in 100mm height at the upper weir would be 9,000m 3 or 0.9hectares. The proposed raising of the weir crest level by 100mm is designed to provide storage during times of low inflow into the lake. The extended area of water impounded will not exceed 30 hectares. The North Leitrim Regional Water Supply Scheme abstracts water from Lough Gill which is located in the Western River Basin District (RBD) and supplies an area of North County Leitrim which lies within three River Basin Districts the Western RBD, Shannon RBD and North South Share RBD. It is estimated that at peak production the transfer of water from the Western RBD to the Shannon RBD and NS Share RBD will total approximately 762,120 cubic metres per annum.

6.6.3 The project is below the relevant thresholds as identified requiring EIA, however due to the sensitivity of the area, it was considered prudent to submit a comprehensive Environmental Impact Statement (EIS).

6.6.4 Article 3 of the European Directive 85/337/EEC, as amended by Council Directives 97/11/EC, 2003/35/EC, 2011/92/EU (consolidated EIA Directive) and Section 171A of the Planning & Development Act 2000-2010 require that the EIS submitted by the applicant is assessed by the competent authority, in this case the Board. In this assessment the direct and indirect effects of the proposed project need to be identified, described and assessed in an appropriate manner, in accordance with Articles 4 to 11 of the Directive. Guidance on the procedures for the undertaking of an EIA by the competent authority is given in the Guidelines for Planning Authorities and the Board on carrying out EIA, issued March 2013.

6.6.5 In undertaking an assessment of the likely significant direct and indirect effects arising on the environmental receptors as a result of the proposed development there will be significant crossover between the significant issues identified and the preceding and subsequent parts of this assessment under the heading of general assessment and Appropriate Assessment. For the purpose of completeness, significant impacts are identified in accordance with the requirements of Section 171A of the Planning and Development Act 2000 (as amended). However, the Board is also referred to other sections of the assessment where relevant issues are discussed in detail. The Environmental Impact Assessment as set out below should therefore

12JA0034 An Bord Pleanála Page 21 of 33 be read in conjunction with the general planning assessment and the Appropriate Assessment.

6.6.6 The EIS was compiled by Jennings O Donovan and Partners Limited, with specialist contributions by Natura Environmental Consultants and Ecological Consultancy Services in respect of Flora, Fauna and Fisheries, John Cronin and Associates in respect of Cultural Heritage and Dr. Eamon McKeogh, Fluvio R&D Limited, in respect of hydrology. The EIS is dated September 2012 and is arranged in three volumes. Volume 1 is the Non-technical summary, Volume 2 the EIS (main text) and Volume 3 Appendices. The systematic structure within the main body of the statement is the “Grouped Format”. A consistent structure is used for each individual environmental aspect.

6.6.7 The EIS describes the proposed development including the site and the development’s design and size and assesses the effects of the proposal on the environment under the following headings: human beings, flora and fauna and fisheries, soils and geology, water, air quality and climate factors, noise, landscape, material assets, cultural heritage including architectural and archaeological heritage. In regard to each environmental element the EIS provides a description of the existing environment, likely significant impacts, proposed mitigation measures and residual impact. A review of interactions of impacts is provided. The assessment of alternatives is included. There is an adequate summary of the EIS in non-technical language. I consider the content and scope of the EIS to be acceptable and in compliance with the requirements of Article 94 and Schedule 6 of the Planning and Development Regulations 2001, as amended.

Likely significant direct and indirect effects on the Environment

6.6.8 The likely significant direct and indirect effects relating to human beings are considered to include short term employment during construction stage. The provision of a secure and good quality supply of drinking water is a significant positive impact in terms of maintaining and promoting population and employment. In this regard a significant positive impact on socio economic wellbeing of the area is predicted. As regards impacts on the recreational and other amenities of the area no significant adverse impacts are identified.

6.6.9 Details submitted outline that the proposed scheme will have no significant impact on fish passage and existing fishery will not be significantly affected.

6.6.10 As regards impact on flora and fauna no significant negative impacts on terrestrial or aquatic habitats are envisaged as a result of the development. The steep shoreline character of the majority of adjacent habitats means that they are not vulnerable to variation in water levels. Given the variable level of the lake, a number of habitats are currently

12JA0034 An Bord Pleanála Page 22 of 33 subject to periodic flooding and the proposed slight increase in water level is not likely to have significant impact. Breeding colonies of Annex I bird species, Common Tern, which nest on Cormorant Rock and Pearl Rock are at risk as these low lying islets are presently subject to flooding during the breeding season. Remedial works are proposed to improve the structure of these islets to make them less vulnerable to flooding.

6.6.11Subject to good environmental practices any potential negative impacts from construction works on soil, air and climate are eliminated and no residential impacts are predicted. No significant impact is predicted on the landscape . As regards water, construction works within the water body of Lough Gill to facilitate modifications of the water intake have the potential for mud and silt release and potential for detrimental effect on Lough Gill. Mitigiation measures will be employed to minimise risk to groundwater and surface water quality. Works to Moneyduff WTP are envisaged to be completed over a 12 month period. Potential for groundwater and surface water pollution will be appropriately mitigated. In the operational period there will be increased discharge to the receiving waters of Newtownmanor River. A pollution event could have significant negative impact on water quality and remediation works are required to mitigate against such an event The quality standards to be met in terms of discharge waters from the Moneyduff water treatment plant are designed to ensure compliance with the European Communities Environmental Objectives (Surface Waters) Regulations 2009, (S.I. No. 272 of 2009), as amended.

6.6.12 As regards material assets mitigation measures are proposed in respect of the potential impact on walkways in Doorly Park and lands at Aughmore Far.

6.6.13 Impact on cultural heritage is discussed in detail in Chapter 12 of the EIS. A small number of recorded archaeological sites within and around the margins of Lough Gill may be affected by the slight water increase. As the majority of these sites are presently subject to seasonal change in water levels, the predicted impact is deemed slight. Storms and increased water volumes have the potential to cause erosion. Bi-annual monitoring is proposed to assess integrity and potential flooding risk and thereby facilitate formulation of appropriate remedial measures.

6.6.14 The interaction of the foregoing is addressed in Chapter 13 of the Environmental Impact Statement which includes a matrix of all topics presented. In my view the most significant areas of interaction are between human beings, material assets, cultural heritage and flora fauna and fisheries. As regards alternatives the consideration of alternatives is consistent with the requirement of the Regulations insofar as it provides an explanation of the main alternatives and a concise explanation for the submitted scheme.

12JA0034 An Bord Pleanála Page 23 of 33

Conclusions Regarding Likely Residual Effects

6.6.15 The EIS provides a matrix at 13.3 summarising the impacts, mitigation measures and residual impacts. This was revised to include timelines for implementation and responsible persons in Appendix 9 of the response to the Board’s request for additional information.

6.6.16 Having regard to the mitigation measures proposed in order to avoid, reduce and offset predicted impacts the residual impact on ecology in relation to Birds is deemed to have a positive residual impact given that remediation works at Pearl Rock and Cormorant Rock will address current flooding issues during the breeding season. On-going monitoring of breeding populations and maintenance works, if necessary, are proposed. As regards impact on the aquatic environment and species, it is considered that subject to the implementation of remediation measures in respect of construction pollution, invasive species and the quality of discharge to receiving waters no significant negative residual impact is envisaged.

6.6.17 As regards the residual impact on cultural heritage, I consider that consultation with the National Parks and Wildlife Service in respect of detailed methodologies for monitoring and remediation will ensure that no significant detrimental residual impact on cultural heritage. A positive residual impact on material assets including walkways at Doorly Park is envisaged having regard to mitigation measures designed to address current and future flooding.

6.6.18 In considering whether the main likely residual effects are acceptable, I note that this is addressed in detail under the preceeding sections. Having considered the EIS and all submissions / observations relevant to impacts on the environment, I am of the view that the direct and indirect effects on the environment of the development have been identified and described. I consider that the potential impact of the proposed development can be adequately mitigated and the proposed development is not likely to result in a significant detrimental impact on the environment.

6.7 Appropriate Assessment

6.7.1 Appropriate Assessment (AA) considers whether the plan or project alone or in combination with other projects or plans will adversely affect the integrity of a European site in view of the site’s conservation objectives and includes consideration of any mitigation measures necessary to avoid, reduce or offset negative effects. This determination must be carried out before a decision is made or consent given for the proposed development. Consent can only be given after it has been determined that the proposed development would not

12JA0034 An Bord Pleanála Page 24 of 33 adversely affect the integrity of a European site in view of the site’s conservation objectives

6.7.2 Guidance on appropriate assessment is set out in the European Commission’s ‘Assessment of plans and projects significantly affecting Natura 2000 sites: Methodological guidance on the provisions of Article 6(3) and (4) of the Habitats Directive 92/43/EEC’ (European Commission 2002) and in the Department of the Environment’s ‘Appropriate Assessment of Plans and Projects in Ireland. Guidance for Planning Authorities’ , (December 2009, revised February 2010).

6.7.3 The application is accompanied by an Appropriate Assessment Screening Report and Natura Impact Statement carried out by Natura Environmental Consultants (Natura) and Ecological Consultancy Services Limited (EcoServe) and dated September 2012. The screening document notes four Natura 2000 sites as having potential to be significantly affected by the proposed scheme. The proposed scheme is within Lough Gill cSAC (001976) and therefore will have a direct impact on this Natura 2000 site. Two Natura 2000 sites Cummeen Strand / Drumcliff Bay (000627) and Cummeen Strand SPA (004035) are directly downstream. The extension of the pipelines to the Kiltyclogher PWS and Rossinver PWS have the potential to indirectly impact cSAC due to proximity of the pipelines to the Ballagh River which outfalls to Lough Melvin.

6.7.4 The AA screening document notes that potential impacts on the Cummeen Strand / Drumcliff Bay cSAC and Cummeen Strand SPA arise as a result of the potential for chemical or sediment pollution to impact on aquatic habitats and bird species during construction works. Given the scale of works involved and implementation of best practice methodology the potential for significant effects on these Natura 2000 sites is not significant. I consider this conclusion to be reasonable.

6.7.5 As regards the Lough Gill cSAC and Lough Melvin cSAC the screening assessment concluded that in the absence of mitigation the project has potential for significant adverse effects. Having reviewed the submitted NIS and the EIS and supporting documentation, I am satisfied that adequate information in respect of the baseline conditions is provided, potential impacts are clearly identified and sound scientific information and knowledge is utilised. I am satisfied that the information is sufficient to allow for appropriate assessment of the proposed development.

6.7.6 Lough Gill cSAC (001976), (copies of NPWS Site Synopses, Natura 2000 Standard Data Forms and Generic Conservation Objectives 3 are provided in the appendices to this report) site comprises Lough Gill with Doon Lough to the north east, the Bonet River as far as, but not including, and a stretch of the Owenmore River near Manorhamilton in County Leitrim. The site is selected for alluvial wet

3 www.npws.ie/protectedsites/conservationmanagementplanning

12JA0034 An Bord Pleanála Page 25 of 33 woodlands, old oak woodlands and natural eutrophic lakes all listed on Annex I of the EU Habitats Directive, with alluvial wet woodlands also a priority habitat. The site is also selected for a number of Annex II species including Sea Lamprey, River Lamprey, Brook Lamprey, White-clawed Crayfish, Atlantic Salmon and Otter.

The conservation objectives for Lough Gill are to maintain or restore the favourable conservation status of the Annex I habitats and or the Annex II species for which the SAC has been selected: Austropotamobius pallipes Petromyzon marinus Lampetra planeri Lampetra fluviatilis Salmo salar (only in fresh water) Lutra lutra

Natural eutrophic lakes with Magnopotamion or Hydrocharition ‐type

vegetation Old sessile oak woods with Ilex and Blechnum in the British Isles

*Alluvial forests with Alnus glutinosa and Fraxinus excelsior (Alno ‐

Padion , Alnion incanae , Salicion albae )4

6.7.7 Lough Melvin cSAC (000428) is selected for upland oligotrophic lakes, a habitat listed on Annex I of the E.U, Habitats Directive. The site is also selected for the following species listed on Annex II of the same Directive – Atlantic Salmon and Otter.

The conservation objectives for Lough Melvin are to maintain or restore the favourable conservation status of the Annex I habitat(s) and /or the Annex II species for which the SAC has been selected: Salmo salar (only in fresh water) Lutra lutra Oligotrophic to mesotrophic standing waters with vegetation of the Littorelletea uniflorae and/or of the Isoëto-Nanojuncetea .

6.7.8 As regards the assessment of likely significant effects the project is clearly defined and set in the context of the sensitivities of the Natura 2000 sites. The proposed development will affect the Natura 2000 sites in its vicinity during the construction and operational phases of development.

4 The asterisk (*) indicates a priority habitat under the Habitats Directive.

12JA0034 An Bord Pleanála Page 26 of 33

6.7.9 In relation to Lough Melvin, construction works associated with the extension of the pipelines to Kiltyclogher PWS and Rossinver PWS have the potential to indirectly impact Lough Melvin cSAC due to the close proximity of the Ballagh River. Deterioration of water quality in the Ballagh River and Lough Melvin could damage /destroy the freshwater habitat of Atlantic Salmon ( Salmo salar ) and Otter (Lutra lutra ). Remediation works required to mitigate against construction pollution will ensure no impact to aquatic species or habitats as a result of construction works.

6.7.10 In relation to Lough Gill cSAC deterioration in water quality, arising from construction works, of the Garavogue River and Lough Gill could damage / destroy the freshwater habitat of Atlantic Salmon ( Salmo salar ), Otter ( Lutra lutra ), Sea Lamprey ( Petromyzon marinus ), River Lamprey ( Lampetra fluviatilis ), Brook Lamprey ( Lampetra planeri ) and White-clawed Crayfish ( Austropotamobius pallipes ). A serious pollution event could impact on spawning gravels used by salmonids and lamprey species, restricting supply of oxygen to eggs. Impacts to fish stocks would have knock on effects on otter populations. Remediation works are designed to mitigate against construction pollution impact to aquatic species or habitats as a result of construction works.

6.7.11 The increase in water level will not affect Annex I old oak woodlands on the southern shores of the lake as the shoreline here is bound by steep embankments.

6.7.12 The alluvial woodlands (Annex I priority habitat) are typically subject to periodic flooding. An increase in water level could potentially result in these areas being flooded for longer periods resulting in die back in some species. I note that the submissions from the Department of the Arts, Heritage and the Gaeltacht and from Sligo County Council questioned the basis for the assertion that there would be no significant impact on the alluvial woodland on the grounds of there being little or no change in the extent of woodland flooded during the summer growing season. In response to the Board’s request for additional information in respect of the ecological factors that regulate alluvial woodlands and the optimal regime to ensure favourable status, it was asserted that at a minimum such an assessment would require a detailed ecological study of the woodland for at least three months over the summer period (June to August). It is therefore proposed to monitor the affected alluvial woodland area (i.e., between existing and proposed dry weather levels of 3.691m OD and 3.791m OD) with reporting to the National Parks and Wildlife Service.

6.7.13 I note that the area of alluvial woodland potentially affected between existing and proposed dry weather levels (3.691m OD and 3.791m OD respectively) equates to 4,207m 2 or 0.5% of the total alluvial woodland (approximately 858,700m 2). As noted there will be little or no change in the extent of the woodland flooded during the summer growing season.

12JA0034 An Bord Pleanála Page 27 of 33 On balance I consider that it has been demonstrated on the basis of best available scientific knowledge that the conservation status of the Annex I priority habitat will not be adversely affected.

6.7.14 Data collected on water levels within Lough Gill for the period 1999- 2011 show a high variability in water levels in the Lough throughout the year. The aquatic plant community of Lough Gill is adapted to the current, variable water level regime. Given the variable nature of the lake water levels and cognisant of the minor changes resulting from the proposed development, no significant change to the lake’s ecosystem is expected as a result of the increase in water level.

6.7.15 As regards the potential for increased retention time to impact on the phytoplankton community of the lake resulting in an increase in algal blooms it is asserted that nutrient levels, in particular phosphorus, rather than retention time are the main driving force behind algal blooms. Hydrological modelling has shown that the retention time increase due to the development is in the order of 48 hours which is not expected to have a significant effect on the lake and associated aquatic ecology.

6.7.16 No significant impact is anticipated in relation to fish passage as a result of the increased level of the upper weir.

6.7.18 A pollution event arising from discharge waters from the Moneyduff Water Treatment Plant would potentially have a negative impact on the quality of the receiving waters in the Newtownmanor River. Mitigation measures, including treatment of discharge waters, will ensure that there will be no impact on aquatic species.

6.7.19 As regards the impact below the upper weir on the Garavogue river to a number of qualifying interests, it was outlined in the response to the Board’s request for additional information that the existing upper weir was designed to maintain minimum compensation flow of 79,500 m3/day at all times to the lower reaches of the River Garavogue. The proposed increase to weir crest level will not change the original designed minimum downstream flow. The proposal to increase the weir height by 100mm ensures that there is no reduction in existing downstream flows even during extreme dry periods. On this basis the applicant argued that there is no requirement for baseline studies on the Annex II species such as Sea Lamprey, River Lamprey, Brook Lamprey and White-clawed Crayfish and other water dependent species using the lower reaches of the Garavogue as there will be no decrease in the flow of water below the weir.

6.7.20 On the issue of cumulative impacts it is noted that three major public water supply schemes use Lough Gill as a source of raw water. Total abstraction rights for these three schemes, together with a number of other water abstractions, equates to 31,541m 3/day. The submitted NIS considers the proposed abstraction in conjunction with existing

12JA0034 An Bord Pleanála Page 28 of 33 abstractions, drainage and maintenance works along the Bonet River and licensed discharges. It is asserted that the proposed development will not contribute to significant in-combination effects on the Lough Gill cSAC. I note that the submission from Department of Arts, Heritage and the Gaeltacht recommended that in-combination impacts be further explored and this was included in the Board’s request for additional information. The applicant was requested to address the assumption that the existing abstractions are not impacting on the Natura 2000 site.

6.7.21 The Department of Arts, Heritage and the Gaeltacht acknowledges in its submission that much of the current abstraction predates the designation of Lough Gill as a Special Area of Conservation. It is noted that the Natura 2000 Data Form for Lough Gill cSAC outlines that as regards vulnerability of the site, eutrophication, mostly as a result of agricultural activities in the catchment, is the main threat to water quality in the lake. Reference is made to the proposed water supply scheme for Sligo and its environs leading to changes in water levels. The Data Form alludes to a detailed ecological assessment of the scheme which highlighted the sensitivity of the alluvial forests.

6.7.22 I note that the Department of Arts, Heritage and the Gaeltacht did not comment on the applicant’s further information response. Having considered the information submitted, I contend that the Board can be satisfied that there is sufficient evidence to allow it to conclude that the development, alone or in combination with other plans or projects, will not adversely affect the integrity of Lough Gill SAC in view of its conservation objectives.

6.8 Mitigation

6.8.1 Mitigation measures include good environmental practice in relation to construction and specific measures to mitigate impact on the environment and Natura 2000 qualifying features.

6.8.2 I consider that on-going monitoring of the affected alluvial woodland area (i.e., between existing and proposed dry weather levels of 3.691m OD and 3.791m OD) with reporting to the NPWS is appropriate and I suggest a condition in this regard.

6.8.3 Treatment and control of discharge waters to satisfy the requirements of the Water Framework Directive and transposing Regulations.

6.8.4 Prior consultation and agreement with NPWS in finalising design arrangements and responsibilities in respect of proposed remediation works on Pearl Rock and Cormorant Rock. Construction works to be undertaken under the supervision of a qualified ecologist with experience in the management of breeding sites for terns and gulls.

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6.9 Appropriate Assessment Conclusion

6.9.1 In view of my assessment above, I am of the opinion that subject to the implementation of the proposed mitigation measures in full, the proposed development will not give rise to any significant effects on the integrity of the European sites in view of the sites’ conservation objectives.

6.9.2 I consider it reasonable to conclude on the basis of the information available that the proposed development, individually and in combination with other plans or projects, will not adversely affect the integrity of the European sites, Lough Gill cSAC or Lough Melvin cSAC, in view of their conservation objectives. I consider that the proposal is acceptable in terms of the Appropriate Assessment requirements of the Habitats Directive.

7.5 SUMMARY CONCLUSION AND RECOMMENDATION

Having regard to my assessment above, in summary I am of the view that: • The development is supported by national, regional and local policy objectives and is demonstrated to constitute a necessary scheme. • Ecological improvements resulting from the scheme, combined with on- going improvements in water quality will contribute towards the attainment of ‘good’ Status water in Lough Gill. The proposal is in keeping with the requirements of the Water Framework Directive. • Having considered the EIS, NIS and all submissions / observations relevant to impacts on the environment, I am of the view that the direct and indirect effects on the environment of the development have been identified and described. I consider that the potential impact of the proposed development can be adequately mitigated and the proposed development is not likely to result in a significant detrimental impact on the environment. • Material Assets at the lake will not be significantly adversely affected by the proposed development. • Subject to full implementation of the mitigation measures set out in the local authority’s application for approval, the proposed development individually and in combination with other plans or projects would not adversely affect the integrity of European Sites No 001976 Lough Gill SAC, No 000428 Lough Melvin SAC.

On this basis I recommend that the Board approve the application for the proposed works subject to conditions as set out in the draft order below.

12JA0034 An Bord Pleanála Page 30 of 33 REASONS AND CONSIDERATIONS

Having regard to the provisions of:

a) the EU Habitats Directive (92/43/EEC),

b) the European Communities (Birds and Natural Habitats Regulations 2011,

(c) the document entitled Appropriate Assessment of Plans and Projects in Ireland: Guidance for Planning Authorities issued by the Department of the Environment, Heritage and Local Government in 2009, revised 2010,

(d) the Guidelines for Planning Authorities and An Bord Pleanála on carrying out Environmental Impact Assessment, Department of the Environment Community and Local Government, March 2013,

(e) the Leitrim County Development Plan 2009-2015,

(e) the established North Leitrim Regional Water Supply Scheme,

(f) the submissions and observations made in connection with the proposed development, including the submission made by the Department of Arts, Heritage and the Gaeltacht,

and also having regard to the nature, scale and extent of the proposed development, it is considered that subject to compliance with the conditions set out below the proposed development would not adversely affect the environment.

It is considered that the proposed development would not affect the visual or other amenities of the area, would not be prejudicial to public health and would not constitute a threat to water pollution. The proposed development would therefore be in accordance with the proper planning and sustainable development of the area.

Having considered the Natura Impact statement submitted with the application for approval, and the mitigation measures contained therein, and having carried out an Appropriate Assessment of the potential impact on the affected Natura 2000 sites, namely the Lough Gill Special Area of Conservation SAC [001976] and Lough Melvin Special Area of Conservation SAC [000428] it is considered that the proposed development would not be likely to have a significant effect individually or in combination with other plans or projects, on the amenities of the area or on these European sites. It is considered that the proposed scheme would not have an adverse effect on the integrity of the European sites, having regard to their relevant conservation objectives.

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1. All mitigation measures set out in the Environmental Impact Statement and the Natura Impact Statement shall be implemented and adhered to in full.

Reason : In the interest of protecting the environment, in the interests of orderly development and to ensure the protection of European sites.

2. Prior to commencement of development, the applicant shall devise and implement a monitoring programme for the alluvial woodland area between existing and proposed dry weather levels of 3.691m OD and 3.791m OD. The National Parks and Wildlife Service of the Department of Arts, Heritage and the Gaeltacht shall be consulted in this regard.

Reason : In the interests of orderly development and to ensure the protection of European sites.

3. Prior to commencement of development the applicant, in association with the National Parks and Wildlife Service of the Department of Arts, Heritage and the Gaeltacht, shall devise detailed specifications for remedial works on Pearl Rock and Cormorant Rock islets. Construction works shall be undertaken under the supervision of a qualified ecologist with experience in the management of breeding sites for terns and gulls.

Reason : In the interests of orderly development and to ensure the protection of European sites.

4. Prior to commencement of development the applicant shall consult with the National Parks and Wildlife Service of the Department of Arts, Heritage and the Gaeltacht regarding the proposal to relocate the Moneyduff Water Treatment Plant discharge to the receiving waters of the Newtownmanor River.

Reason : In the interest of protecting the environment.

5. Prior to commencement of development the applicant shall consult and agree with Sligo Local Authorities (Sligo County Council and Sligo Borough Council) precise specifications of remedial works necessitated by the proposed development.

Reason : In the interests of orderly development.

12JA0034 An Bord Pleanála Page 32 of 33 6. Prior to commencement of development the applicant, in association with the Department of Arts, Heritage and the Gaeltacht, shall establish detailed methodologies for baseline and bi-annual surveys, and monitoring and remediation measures in respect of cultural heritage sites identified as being at risk from erosion relating to the proposed development.

Reason : In order to conserve the archaeological heritage of the area.

7. Prior to commencement of construction detailed method statements for raising the controlling weir crest level at the upper weir shall be agreed in writing with Inland Fisheries Ireland.

Reason : In the interest of fisheries.

Bríd Maxwell, Planning Inspector. August 2013

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