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222/R222320.Pdf, PDF Format 179Kb _____________________________________________________________________ An Bord Pleanála Inspector’s Report Ref.: PL19. 222320 Development: A 3.3 hectare extension to an existing registered quarry (QY 68) for the extraction of sand and gravel deposits. Ballydownan, Ballycristal, Geashill, Co. Offaly. PLANNING APPLICATION Planning Authority: Offaly County Council Planning Authority Ref.: 06/1165 Applicant: Ballycrystal Enterprises Ltd. Type of Application: Permission Planning Authority Decision: Grant subject to conditions APPEAL Type of Appeal: Third Party Appellant: Paraic O’Rourke Observers: None INSPECTOR: Robert Speer Date of Site Inspection: 10 July, 2007 PL19. 222320 An Bord Pleanala Page 1 of 21 _____________________________________________________________________ SITE LOCATION AND DESCRIPTION The proposed development site is located in the Ballychristal area of Co. Offaly approximately 2km southeast of the rural village of Geashill. It is situated in a predominantly rural area between a minor county roadway and the R420 regional roadway which extends south-eastwards from Geashill to Clonygowan. The subject site is presently agricultural grassland, generally rectangular in shape following a principle southwest - northeast alignment and has a stated site area of 3.3 hectares. The site will extend in a south-westerly direction from its boundary with the adjacent existing quarry to adjoin the R420. Whilst there is an existing agricultural field gate to the site from the regional roadway it is proposed to access the proposed development solely through the existing access arrangement from the local roadway which serves the existing quarry area and an adjoining machinery yard. The north eastern boundary of the site with the adjoining quarry is defined by a soil berm whilst all remaining boundaries are defined by mature hedgerows. Notably, the topography of the site itself is generally convex in form with the higher elements of the site adjoining the south eastern and north western boundaries. The adjacent quarry area has a registered site area of 3.688 hectares and it appears that its reserves are nearing exhaustion. This quarry is of an irregular shape and gradually deepens on travelling through same in a south easterly direction. No quarrying or processing activities were being conducted on site during the course of my site inspection and it was observed that a significant quantity of predominantly damaged / scrapped machinery including trucks and processing equipment was being stored on the quarry floor within the south eastern section of the site. To the immediate northwest of the existing quarry there is a yard area which includes a weigh-bridge and a large shed-like structure used for the maintenance and sales of various machinery. Vehicle repair works appeared to be conducted from within this shed on the day of my site inspection and it was observed that some of the machinery stored on this site could be utilised for quarrying operations. DESCRIPTION OF PROPOSED DEVELOPMENT The proposed development consists of the extension of an existing registered quarry (QY 68) into adjoining agricultural lands for the purpose of the extraction of sand and gravel deposits. The proposed extraction area will extend from the south western limit of the extraction area of the existing quarry in a south westerly direction towards the site boundary with the adjoining R420 regional road. The current level of the site varies between c. 84.4 MOD and 89 MOD although the applicant refers to an approximate existing level of 87 MOD. It is proposed to excavate the site to the same level as the existing extraction pit floor of 78 MOD whilst maintaining slopes of 30o to the site boundaries and ensuring a minimum distance of 4m from the boundary hedgerows in order to ensure a secure pit face. It is anticipated that the life expectancy of the proposed extraction pit is approximately 5 years. It is stated that the extraction rate of the proposed extension will not exceed that of the existing pit area with typically up to 26 truck loads of material removed from the site daily (with a corresponding 26 return trips) equating to PL19. 222320 An Bord Pleanala Page 2 of 21 _____________________________________________________________________ c. 650 tonnes of material daily depending on market demand. The hours of operation are detailed as 07:00-19:00 Monday to Friday and 07:00-14:00 on Saturdays. Extraction will be undertaken by loading shovel and excavator with aggregates subsequently undergoing processing including crushing and dry screening on site by means of mobile plant located on the pit floor. Graded material will be stockpiled on site prior to transportation for use off site. On completion of extraction activities all equipment and machinery will be removed from site over a period of 4-6 months. All soil overburden will be replaced onto the land, the site levelled and the pit floor cross-ripped to avoid compaction. Boundary slopes will be reduced to allow the safe movement of agricultural machinery and the overall pit extension returned to agricultural use. A water supply is available from an existing well on site. Furthermore, whilst the applicant considers that the adjoining machinery yard (which is in the ownership of Ballycrystal enterprises Ltd.) is mostly disassociated with the quarry business the facilities of same, including its offices and toilets, are and will continue to be utilised by employees of the quarry. RELEVANT PLANNING HISTORY On Site: The Planning Authority has confirmed that there are no planning applications in respect of the subject site or the adjoining existing quarry area and nearby machinery yard. On Adjacent Sites PA Ref. No. QY68. On 6 December, 2006 the Planning Authority issued its ‘Final Notification’ in respect of the registration of the adjoining quarry under the provisions of Section 261 of the Planning and Development Act, 2000-2006. PA Ref. No. UD/06/30. On 10 May, 2006 the Planning Authority issued a Warning Letter to Mr. Danny O’Brien of Ballycrystal Enterprises in respect of the unauthorised extension of a sand pit into adjoining agricultural lands. PLANNING AUTHORITY CONSIDERATIONS AND DECISION Decision: Following requests for further information and subsequent clarification (with particular reference to the availability of adequate sightlines from the entrance onto the public road) the Planning Authority issued a notification of a decision to grant permission subject to 12 No. conditions summarised as follows: Condition No. 1 - Requires the proposal to be carried out in accordance with the submitted drawings, save where otherwise modified by subsequent conditions. Condition No. 2 – The use of the site as a sand and gravel pit, including its restoration providing for the deposition of soil and stones, shall PL19. 222320 An Bord Pleanala Page 3 of 21 _____________________________________________________________________ cease on or before 5 years from the date of the grant of permission unless otherwise permitted by a subsequent grant of permission. Extraction works shall cease within 4 years of the grant of permission. Condition No. 3 – No excavation is to be carried out within 4m of any site boundary and slopes shall be no steeper than an angle of 30 degrees to the vertical. Condition No. 4 – Requires the applicant to submit details of the locations and heights of screening berms along site boundaries, to be accompanied by a landscaping plan, for the Planning Authority’s agreement. Condition No. 5 – Requires the submission of a restoration statement and management plan for the written approval of the Planning Authority. The site is to be fully restored within one year of the cessation of extraction and fill operations on site. Condition No. 6 - This specifies various mitigation measure to be utilised by the proposed development in order to preserve the amenities of the area. These include limitations on noise and dust deposition levels in addition to progressive restoration and waste storage / / disposal. It also requires that an environmental monitoring and operations programme be agreed with the Planning Authority. Condition No. 7 - Hours of operation are restricted to 08:00-18:00hrs Monday to Friday, 08:00-13:00hrs on Saturdays with no operations to be conducted on Sundays and Public Holidays. Condition No. 8 - No quarry workings, other operations or excavation to occur below the water table across the site. Condition No. 9 - This condition requires a number of actions in respect of the access arrangements and traffic implications of the proposal as follows: a) Access to the site to be via the entrance to the existing pit with all other entrances / field gates to be closed. b) A wheel-wash facility to be provided c) I No. public light to be provided at the entrance. d) All internal roads to be completed as per the DoEHLG ‘Specifications for Road Works’ etc. e) Roads construction and design shall conform to the ‘Recommendations for Site Development Works for Housing’ (DoEHLG and NRA specifications. f) All works are to comply with An Foras Forbatha recommendations for site development works. Condition No. 10 – Requires the removal of 80m of hedgerow to south east of the entrance to site. A new boundary is to be set back a minimum PL19. 222320 An Bord Pleanala Page 4 of 21 _____________________________________________________________________ of 4m from the roadway edge. Unobstructed sightlines of 90m to be maintained in each direction. Condition No. 11 – Development contribution (€40,120) Condition No. 12 – Development bond in respect of securing satisfactory reinstatement of the quarry and provision of road access. Internal Reports: Roads Design: An initial report dated 2 October, 2006 notes the following: • The available sight distance at the existing entrance onto the public road is less than 120m in both directions when measured 2.5m back from the near edge of the carriageway. It is recommended that the applicant submit details to achieve a minimum of 120m visibility in each direction. In the event of this necessitating works outside the site evidence permitting these works should be provided.
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