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Inspectors Report An Bord Pleanála Inspector’s Report Board Reference: 25.CH3138 Re: Westmeath County Council Compulsory Purchase (No. 8) (N52 Rathconnell to Macetown Realignment Scheme) Order 2010. Location: Townland of Rathconnell. Objectors: - Sean & Geraldine Glennon - John Daly - Kevin Doherty - Patrick Flanagan - Aidan & Dympna Price Local Authority: Westmeath County Council Date of Site Inspection: 29 th November 2010 Inspector: Michael Dillon 25.CH3138 An Bord Pleanala Page 1 of 23 1.0 NATURE AND SCOPE OF COMPULSORY PURCHASE ORDER 1.1 The Compulsory Purchase Order relates to the compulsory acquisition of lands at Rathconnell townland, Mullingar, Co. Westmeath, by Westmeath County Council. It is stated in the Schedule to the Order that the lands consist of land other than land consisting of a house or houses unfit for human habitation and not capable of being rendered fit for human habitation at reasonable expense. The area of the site extends to some 8.7556ha – much of which is contained within the existing N52 road alignment. The owners/lessees/occupants or reputed owners are listed in Part I of the Notice. It is stated in the Order that the local authority are authorised to acquire compulsorily the lands for the purposes of the construction of the realigned road. Part II of the Order refers to the extinguishments of rights-of-way – 5 in total. The Manager’s Order for the CPO is dated 9 th July 2010. 1.2 The CPO is made arising from of the passing, by the elected representatives of Westmeath County Council, of the N52 Rathconnell to Macetown Realignment Scheme under Part 8 of the Planning and Development Regulations 2001, as amended. The Scheme was adopted by the elected representatives, on 21 st June 2010. A total of two submissions were considered before adopting the scheme. 2.0 OBJECTION TO COMPULSORY PURCHASE ORDER There were five objections to the Compulsory Purchase Order. 2.1 The objection from Peter D. Jones & Co. Solicitors, agent on behalf of Sean & Geraldine Glennon, received by the Board on 13 th August 2010 can be summarised in bullet point format as follows- • The Glennon lands affected by the CPO are plots 126a.1, 126b.1, 126c.1, 126d.1 and 126e.1 • The realignment is being carried out in a piecemeal fashion. Poor design of an earlier section of the road is causing danger to the public and results in the occupation of the residence of Sean & Geraldine Glennon becoming untenable. • The design of the new section of the N52 exaggerates the difficulties of the Glennons – sightlines being inadequate. Access to the Glennon property is unattainable when traffic is entering/exiting the filling station – opposite the objectors’ property. • There is very poor access from the Shancragh Road opposite the Glennon property. • The house is located only 6m from the road and suffers continuous disturbance from traffic. • Additional land is to be taken from the Glennon farm on either side of the new realignment. • If the current realignment goes ahead, the Glennons will have to vacate their home. It is only a matter of time before a serious accident occurs. 25.CH3138 An Bord Pleanala Page 2 of 23 • In the ordinary course of events it might be argued that it is unreasonable to object to a section of road that has already been realigned. However, it is the contention of the objectors that the proposed realignment will compound a previously unsatisfactory road design and will contribute to traffic hazard. • Trucks continue to park outside the Glennon house in order to access the filling station on the opposite side of the road – notwithstanding that there is no hard shoulder on the road. • The field to the north of the proposed bunded area will require a properly designed drainage – something which the scheme does not provide for. • Clarity is required in relation to proposed boundaries. Concrete post and rail fencing should be used in place of the timber fencing proposed by the Council. • Clarity is required in relation to working wayleaves. • There will be greater run-off from the new road onto the Glennon property than occurs at present. • Cattle pens and holding areas which are to be removed should be replaced. Hedgerows should also be reinstated. 2.1.1 The objection is accompanied by the following- • Letter of objection to Westmeath County Council – dated 10 th June 2010. • Report of Martin McCormack & Associates – engineer retained by objectors – dated 3 rd April 2010. • Letter to Westmeath County Council of 18 th May 2010 – forwarding report of Martin McCormack & Associates. • Acknowledgement letter from Westmeath County Council – dated 26 th May 2010. 2.2 The objection of John Daly, received by the Board on 10 th August 2010, can be summarised in bullet point format as follows- • The objector resides at parcel of land ref. 114a.1. • Traffic descending from the new proposed slip road off the N52 will have a clear view of the front of the Daly dwelling – removing the privacy currently enjoyed by the objector. Vehicle lights will shine directly in through the windows of the objector’s house. • The substantial grass verge in front of the objector’s house is to be removed to facilitate the development. This will impact negatively on a mature ash tree growing at the entrance to the objector’s house. • Descending vehicles from the N52 will result in an accident hot-spot in front of the objector’s house. A substantial stone wall should be erected in front of the objector’s house to prevent vehicles crashing through it. • The objector’s ‘B&B’ sign should be moved to the top of the N52 Delvin/ Pass slip road junction. 25.CH3138 An Bord Pleanala Page 3 of 23 2.3 The objection of David Walsh & Co. Solicitors, agent on behalf of Kevin Doherty, received by the Board on 3 rd September 2010, can be summarised in bullet point format as follows- • The objector owns lands referenced 109a.1, 109b.1, 109c.1, 109d.1 and 109e.1. The objection relates to parcel 109d.1. • The Council does not need to acquire any further lands from the objector in order to carry out the improvement works. • Oral undertakings in relation to the provision of tarmacadam and topsoil in relation to a previous CPO were not undertaken, and the objector has lost faith in the Council. 2.4 The objection from Patrick Flanagan, received by the Board on 3 rd September 2010, can be summarised in bullet point format as follows- • The objector owns plots referenced 116c.1 and 116d.1. • The proximity of the new road to the dwelling-house is distressing. There will be increased noise, dust, fumes and light pollution. • Dust created during construction will create a nuisance for the objector. • Lights from northbound traffic will shine into the kitchen/living area of the house. • The objector is unaware of what walls, fencing or tree planting will be undertaken by the Council to mitigate the nuisance. • The raising of the height of the road will give rise to surface water drainage concerns. • The road may affect the right to light of the objector. • It is understood that a new access to the objector’s house is proposed – but it is not clear what form this will take. 2.5 The objection from Gaynor Corr & Associates Ltd., agent on behalf of Aidan & Dympna Price, received by the Board on 7th September 2010, can be summarised in bullet point format as follows- • The objectors own reference plots 117a.1, 117b.1, and 117c.1 • The front garden of the objectors’ house is small. It is well screened from the road by a mature hedge. It is proposed to remove this hedge and relocate the boundary closer to the house – in order to provide an access track [117b.1]. This track could easily be accommodated outside the existing boundary hedge. • The design of the road and track will cause parking difficulties. The Council has not indicated how it intends to control parking, anti-social behaviour and misuse of the area outside their boundary wall. • The objectors have security and privacy concerns in relation to the proposed land-take. 3.0 SITE INSPECTION AND DESCRIPTION 3.1 The lands, the subject of the Compulsory Purchase Order, are located in the townland of Rathconnell, some 3km due northeast of the town of Mullingar in 25.CH3138 An Bord Pleanala Page 4 of 23 County Westmeath. The site comprises a roughly 1.5km section of the N52 National Secondary Route and adjoining lands – including three junctions with county roads L-17211, L-1721 & L-17212. The N52 links Mullingar with Delvin. The N52 immediately to the southwest of the proposed scheme has recently been realigned. The section of the N52 to the northeast of the site has also recently been realigned. A portion of the N52 as it comprises this scheme (at the southwestern end) has been realigned in the past. The 80kph speed restriction applies in this area. There are no hard shoulders on the road – other than small sections on either side of the junction with the L-1721 county road. The central median marking on the N52 varies from unbroken white line to broken white line and a combination of both. There is no public lighting other than a small single lampstand at the junction of the N52/L-17211 and the N52/L-1721. There are no public footpaths in the area. 3.2 The junction with the L-17211 is a simple priority junction. The road is a short cul de sac serving ribbon development of housing on either side and as access to agricultural land.
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