Inspector's Report ABP-304681-19
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Inspector’s Report ABP-304681-19. Development Erection of a 33.05m multi-user telecommunications support structure. Location Rockcorry GAA Club. Planning Authority Monaghan County Council. Planning Authority Reg. Ref. 19158. Applicant Cignal Infrastructure Ltd. Type of Application Planning Permission. Planning Authority Decision Grant with conditions. Type of Appeal First Party – Vs – Condition No. 1. Appellant Cignal Infrastructure Ltd. Observer(s) None. Date of Site Inspection 23rd September, 2019. Inspector Patricia-Marie Young. ABP-304681-19 Inspector’s Report Page 1 of 16 Contents 1.0 Site Location and Description .............................................................................. 3 2.0 Proposed Development ....................................................................................... 3 3.0 Planning Authority Decision ................................................................................. 3 3.1. Decision ........................................................................................................ 3 3.2. Planning Authority Reports ........................................................................... 4 3.3. Prescribed Bodies ......................................................................................... 4 3.4. Third Party Observations .............................................................................. 4 4.0 Planning History ................................................................................................... 4 5.0 Policy and Context ............................................................................................... 5 5.4. Chief Executives Order No. P1/19 ................................................................ 6 5.5. Natural Heritage Designations ...................................................................... 6 6.0 The Appeal .......................................................................................................... 6 6.1. Grounds of Appeal ........................................................................................ 6 6.2. Planning Authority Response ........................................................................ 8 6.3. Further Responses ........................................................................................ 9 7.0 Assessment ....................................................................................................... 10 8.0 Recommendation ............................................................................................... 15 ABP-304681-19 Inspector’s Report Page 2 of 16 1.0 Site Location and Description 1.1. The appeal site, which has a stated area of 0.01ha, is located in the north easternmost corner of Rockcorry GAA Club grounds, in the Townland of ‘Drummulla’, in County Monaghan. At its nearest point the site is setback c161m from the club grounds entrance onto the R188 regional road and it is situated c0.33km, as the bird would fly, from where the R188 and Newbliss Road intersect which is on the northern side of Rockcorry village. The site is predominantly surrounded by agricultural land to the north and east. To the south and south west by Rockcorry GAA club grounds. To the east and west along the R188 there is mixture of land uses present. 2.0 Proposed Development 2.1. Planning permission is sought for the erection of a new 33.05m multi-user telecommunications support structure carrying 9 no. antennae and associated remote radio units, 6 no. communication dishes, 3 no. lightning finials and 6 no. outdoor cabinets all enclosed within a security compound by a 2.4m high palisade fence with a 4m access gate, site access and site works. The public notice also indicates the proposed development will provide voice and mobile broadband services in the area. 3.0 Planning Authority Decision 3.1. Decision 3.1.1. The Planning Authority granted permission subject to conditions. Condition No. 1 is relevant to the subject matter of this appeal case. It reads: “(a) The developer shall pay to Monaghan County Council a sum of €10,480.00 in accordance with the General Development Contribution Scheme 2013-2019 (as amended), made by the Council under Section 48 of the Planning and Development Act 2000 (as amended), towards expenditure incurred or proposed to be incurred by the Council in the provision of community, recreation and amenity public infrastructure and facilities in the area. ABP-304681-19 Inspector’s Report Page 3 of 16 (b) The sum attached to this condition shall be revised from the date of the grant of planning permission to the value pertaining at the time of payment in accordance with the Wholesale Price Index for Building and Construction (Materials and Wages). (c) No works shall commence until payment of the development contribution is made in full, or until Monaghan County Council has agreed in writing to a schedule of phased payments of the sum.” The stated reason reads: “It is considered appropriate that the developer should contribute towards the expenditure incurred or proposed to be incurred by the Council in the provision of community, recreation and amenity infrastructure and facilities in the area.” 3.2. Planning Authority Reports 3.2.1. Planning Reports The Planning Officers report is the basis of the Planning Authority’s decision. 3.2.2. Other Technical Reports Roads: No objection. Environment: No objection. Municipal District of Ballybay-Clones: No objection. 3.3. Prescribed Bodies 3.3.1. None. 3.4. Third Party Observations 3.4.1. None. 4.0 Planning History 4.1. Site and Setting 4.1.1. None relevant. ABP-304681-19 Inspector’s Report Page 4 of 16 5.0 Policy and Context 5.1. National Planning Provisions • National Planning Framework 2018. • Telecommunications Antennae and Support Structures Guidelines for Planning Authorities, July 1996. • Development Contribution Guidelines for Planning Authorities, January 2013. • Revision of Development Contribution Guidelines in respect of Telecommunications and Infrastructure, Circular letter PL 03/2018. 5.2. Local Planning Provisions 5.2.1. The Monaghan County Development Plan, 2019 to 2025, is the applicable Development Plan for the site and its setting. The site is located on land zoned ‘Category 2 – Remaining Rural Area’ within the development limits of the settlement of Rockcorry. 5.2.2. Section 7.20 of the said Plan recognises that the existence of high quality and sustainable telecommunications network is vital to the continued growth of the economy and the quality of life in the County. 5.2.3. Objective TC01 states that the Planning Authority will seek “to facilitate the development of a high quality and sustainable telecommunications network for County Monaghan to support economic growth, improve quality of life and enhance social inclusion.” 5.3. Development Contribution Scheme 5.3.1. The current ‘Monaghan Local Authorities General Development Contribution Scheme, 2013 to 2019’ requires a contribution of €10,000 per mast, for telecommunications development, towards the provision of community, recreation and amenity infrastructure. Current indexed link charges are €10,480 per mast. Of note Section 19(e) of the Contribution Scheme which deals with the matter of Exemptions/Reductions, provides a 100% exemption from all contribution charges in relation to telecommunications development which is solely for the provision of broadband infrastructure where the new development does not place a demand for new, upgraded or additional infrastructure or services. ABP-304681-19 Inspector’s Report Page 5 of 16 5.4. Chief Executives Order No. P1/19 5.4.1. This order amends the development contributions applicable to the various categories of development provided for under the Monaghan Local Authorities General Development Contribution Scheme, 2013-2019, with the amendments stated to be in line with the Wholesale Price Index for Building and Construction and came into effect on the 1st day of January, 2019. 5.5. Natural Heritage Designations 5.5.1. None relevant 5.6. Environmental Impact Assessment 5.6.1. Having regard to the nature and scale of the development sought under this application, the distance between the site and sensitive receptors and the lack of any direct hydrological connectivity from the site to any nearby sensitive receptors, I consider that there is no real likelihood of significant effects on the environment arising from the proposed development. Therefore, the need for environmental impact assessment can be excluded at preliminary examination and a screening determination is not required. 6.0 The Appeal 6.1. Grounds of Appeal 6.1.1. The grounds of appeal can be summarised as follows: • This appeal is made under Section 48(10)(b) of the Planning and Development Acts, 2000, as amended, and as such solely relates to the Condition No. 1 of the Planning Authority’s notification to grant permission for the development sought under P.A. Reg. Ref. No. 19158. • The appellant is of the view that the Planning Authority in this case have incorrectly imposed the Development Contribution under Condition No. 1. • It is noted that under Appendix 3, Category 3(n) of the Development Contribution Scheme that a €10,420 contribution per past is set out. Notwithstanding, under ABP-304681-19 Inspector’s Report Page 6 of 16 Section 19(e) it indicates that there is a 100% exemption for the provision of broadband infrastructure in relation to telecommunications development which is solely for the provision of a broadband infrastructure where new development does not place a demand for new, upgraded