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The Planning Authority Clare County Council New Road, Ennis, Co

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The Planning Authority Clare County Council New Road, Ennis, Co www.urcplanning.com.au [email protected] URC Planning +61 0479 061 172 Urban | Regional | Coastal Planning Consultancy The Planning Authority Clare County Council New Road, Ennis, Co. Clare 08/06/2016 Re: Planning permit application for coastal erosion management works at and adjacent Carrowmore Dunes, White Strand, Doughmore Bay and Trump International Golf Links and Hotel. File No. 16371 Dear Sir/Madam, I refer to the above planning permit application which has been recently submitted to Clare County Council for determination. URC Planning have been requested by the West Coast Surf Club, Lahinch, Co. Clare to prepare a professional planning assessment in respect of the proposal. The assessment has been undertaken following a review of the information submitted with the planning permit application, the contents of the County Development Plan 2011 - 2017, West Clare Local Area Plan 2012 - 2018, Draft County Development Plan 2017 – 2023, relevant coastal management policy, relevant case studies and academic research and the proper planning and sustainable development of the area. It is important for to note under Section 34(3)(b) of the Planning & Development Act 2000 (as amended) the Planning Authority shall, when considering an application for permission under this section, have regard to any written submissions or observations concerning the proposed development made to it in accordance with the permission regulations by persons or bodies other than the applicant. URC Planning Po Box 5039 3121 Richmond Victoria Australia www.urcplanning.com.au [email protected] +61 0479 061 172 White Strand, Doughmore 1.0 Proposal The proposal involves extensive development and works within the coastal zone and adjacent private land including: Construction of a sea wall up to 6m OD in height, for a length of 2.8km and depth of 15 – 20m at the seaward side (beach) of the dune system; Up to 145,000m3 of armour stone; Installation of sheet piling within the dune system for 350m; Ancillary construction works including car park and access way. An Environmental Impact Statement (EIS) and Natura Impact Statement (NIS) have been prepared and submitted as part of the planning permit application. 2.0 Site location The subject site is located at White Strand, Doughmore Bay, Doonbeg, Co. Clare. More specifically, the specific location of proposed sea wall and associated works is the seaward side of Doonbeg Golf Course on the coastal zone. The coastal dunes at White Strand are eolian landforms that form in coastal areas through the accreditation of sediment supplied from rivers, coastal erosion and the sea floor. They are part of a sand sharing system, in a constant equilibrium with beaches and sand bars, and are in a constant dynamic through changing tides, waves, currents, sea level and weather1, 2. The coastal section of the development area covers approximately 50,000 m2 of beach and sand dune area. The site is located in a visible location from public view along the beach and coastal zone, in addition to the marine area. 1 Martinez, M. L. & Norbert, P. P., 2004. Ecology and Conservation. Coastal Dunes, Volume 171, p. 3. 2 Hanley, M. E. et al., 2014. Shifting sands? Coastal protection by sand banks, beaches and dunes. Coastal Engineering, Volume 87, pp. 136-146. 2 White Strand, Doughmore 3.0 Planning & Environmental Legislation, Policy & Guidance The site is subject to multiple planning and environmental designations and legislative instruments, which are informed by County, National and European Legislation and Policy. It is important to note under Section 34(2)(a) of the Planning & Development Act 2000 (as amended) when making its decision in relation to an application under this section, the planning authority shall be restricted to considering the proper planning and sustainable development of the area, regard being had to— (i) the provisions of the development plan, (ii) the provisions of any special amenity area order relating to the area, (iii) any European site or other area prescribed for the purposes of section 10 (2)(c), (iv) where relevant, the policy of the Government, the Minister or any other Minister of the Government, (v) the matters referred to in subsection (4), and (vi) any other relevant provision or requirement of this Act, and any regulations made thereunder. In addition to County and local plans, applicable Government policy should be given due regard when the Planning Authority is informing and making its decision in accordance with the proper planning and sustainable development of the area. 3.1 European Designations With respect to environmental protections, the site and proposed development is regulated by the designation as a Special Area of Conservation (SAC; 002250 - Carrowmore Dunes) and as a proposed Natural Heritage Area (pNAC; 001007 – Whitestrand/Carrowmore Marsh). The site is designated a Natura 2000 site and is afforded National and European protection (EU Habitats Directive 92/43/EEC and Birds Directive 2009/147/EC). 3 White Strand, Doughmore The accurate assessment of the proposal in respect of the specific legislation pertaining to the site is essential. The development has been described by the applicant as a necessary undertaking to ensure the golf course is protected from erosion, with the supporting information opportunely identifying that the dune system will also be protected with no adverse impacts on Natura 2000 sites in the wider hinterland. It is important to note that the use and development of the golf course is identified as a high threat and a damaging operation to SAC’s and NHA’s by the Heritage Council3. The Heritage Council are a statutory body established under the Heritage Act, 19954. The need to protect dunes is explored further in a following chapter of this report. However, in the context of the applicable European designations it is important to identify that coastal sand dunes are natural systems which should be allowed to function naturally. Based on comparable case studies and academic research it is considered that the development will have a significant adverse impact; the dunes will be negatively affected by the proposed development and are currently being affected by the existing golf course through coastal squeeze5, 6, 7. This position is supported in further detail at Sections 4 and 5 of this report. In a site where significant European environmental protections are designated, the undertaking of the proposed development would place the importance of protecting the golf club infrastructure above the importance of protecting a Special Area of Conservation and National Habitat Area. We say that the proposed development, due to its nature and scale in a highly sensitive location, will have significant negative impacts on the environment, on the SAC and pNHA. The information submitted with the planning permit application does not provide a balanced interpretation of the potential negative impacts the proposal may have on the site and surrounding area. 3 The Heritage Council, 1998. Irish Coastal Habitats: A Study of Impacts on Designated Conservation Areas. [Online] Available at: http://www.heritagecouncil.ie/fileadmin/user_upload/Publications/Wildlife/Microsoft_Word_-_Irish_Coastal_Habitats.pdf [Accessed 02 06 2016]. 4 The Heritage Council, 1995. Heritage Act 1995. [Online] Available at: http://www.heritagecouncil.ie/fileadmin/user_upload/Publications/Corporate/Heritage_Act_1995.pdf [Accessed 02 06 2016]. 5 Pontee, N., 2013. Defining coastal squeeze: A discussion. Ocean & Coastal Management, Volume 84, pp. 204-207. 6 Cooper, J. A. & McKenna, J., 2008. Working with natural processes: the challenge for coastal protection strategies. The Geographical Journal, 174(4), pp. 315-331. 7 Hanley, M. E. et al., 2014. Shifting sands? Coastal protection by sand banks, beaches and dunes. Coastal Engineering, Volume 87, pp. 136-146. 4 White Strand, Doughmore The potential consequences of the development, which may occur in the short, medium and long-term, are of such a significance that protection of the environment should be prioritised by the responsible authority and the planning application be refused. The proposal and the receiving environment are of such complex nature that mitigation measures and conditions will not suffice to sufficiently protect the environment. Where the full consequences of the proposal are unknown the decision making process should not rely on the supporting, unbalanced information submitted by the applicant. 3.3 Clare County Development Plan 2011 - 2017 The Clare County Development Plan 2011 – 2017 (CDP) is the most relevant planning policy document informing the decision making for the subject permit application. The CDP is a vast document which considers the wider areas of economic, social, cultural and environmental matters. For the purposes of this report the most relevant elements of the CDP are incorporated; Chapter 9 ‘Environment’, Chapter 15 ‘Marine and Coastal Zone Management’, Chapter 16 ‘Landscape’ and Chapter 17 ‘Natural Heritage’. 3.3.1 Chapter 9 ‘Environment’ Under Section 9.2 of the CDP, with regard to the protection of water resources, it is an objective (9.2) of the Development Plan: To permit development where it can be clearly demonstrated that the proposal would not have an unacceptable impact on the water environment, including surface water, groundwater quality and quantity, designated source protection areas, river corridors and associated wetlands, estuarine waters, coastal and transitional waters. (Emphasis added) It has not been clearly demonstrated that the proposal will comply with Objective 9.2 of the CDP. We consider that the proposal will have an unacceptable impact on the coastal zone environment of the site and surrounding area. This position is supported in further detail at Sections 4 and 5 of this report. 5 White Strand, Doughmore 3.3.2 Chapter 15 ‘Marine and Coastal Zone Management’ Under Section 15.3.6 of the CDP, with regard to the protection of beaches and sand dunes, it is an objective (15.5) of the Development Plan: A. To protect, enhance and conserve all beaches in the County and to retain Blue Flag status on beaches currently awarded this status whilst seeking to increase the present number; B.
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