Inspector's Report
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An Bord Pleanála Inspector’s Report Board Reference: 09.JP0008 Proposed Development: Works at the North Leixlip Sewerage Scheme comprising the laying of 4.2km of new sewerage pipeline and provision of special tunnel crossings at certain points. Location: Leixlip, County Kildare. Local Authority: Kildare County Council Type of Case: Application for approval under Section 177AE(2) of the Planning and Development Act 2010 Prescribed Bodies: NRA, Irish Aviation Authority, Department of Communications, Energy and Natural Resources, Iarnród Éireann, Inland Fisheries Ireland, Department of Arts, Heritage and the Gaeltacht. Observers: Thomas Reid Date of Site Inspection: 30 th May 2012 Inspector: D. MacGabhann ___________________________________________________________________________ 09.JP0008 An Bord Pleanála Page 1 of 23 1 INTRODUCTION Background 1.1 Kildare County Council is seeking approval from the Board for the laying of a 4.2km new sewerage pipeline between Collinstown and Leixlip Wastewater Treatment Plant with provision for tunnel crossings under the Rye Water River, the R149 regional road and under the Dublin-Sligo railway line. The sewerage pipeline crosses the Rye Water Valley/Carton Special Area of Conservation and part of the route is adjacent to the protected site. The application for approval includes a Natura Impact Statement. 1.2 Section 177AE of the Planning and Development Act 2000 (as amended) requires that, where an appropriate assessment is required in respect of a local authority development, the proposed development shall not be carried out unless the Board has approved it with or without modifications. (As the competent authority for local authority development the Board is also required to carry out the appropriate assessment and to determine whether or not the proposed development would adversely affect the integrity of a European site). 1.3 Further, under Section 177AE(6) the Board, prior to making its decision, the Board is required to consider the Natura Impact Statement submitted, any submissions or observations in respect of the proposed development and other information furnished in accordance with Section 177AE(5) of the Act relating to: • The likely effects of the proposed development on the environment. • The likely consequences for the proper planning and sustainable development of the area, and • The likely significant effects of the proposed development on European site(s). 1.4 This report therefore considers the NIS 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, and • An appropriate assessment of the proposed development. 1.5 On the basis of the above, the report recommends whether or not the Board should grant approval to the local authority for the proposed development, with or without modifications. Site Location 1.6 The proposed development is situated in Leixlip, County Kildare. The proposed pipeline runs from the Intel Plant in Collinstown (west of Leixlip) along the northern bank of the Rye Water to Louisa Bridge. It then turns north east to follow the route of the Royal Canal and Dublin-Sligo Railway line. At the eastern edge of Leixlip town it turns south and runs through St. Catherine’s Park approximately parallel to, but removed from the Kildare County boundary, to the Leixlip Wastewater Treatment Plant. ___________________________________________________________________________ 09.JP0008 An Bord Pleanála Page 2 of 23 Site Description 1.7 The site of the proposed pipeline commences on the western bank of the Rye River, north of the Intel plant at Collinstown. The western bank of the river is flat immediately west of the River for c.15 metres, and then rises sharply. There a small number of trees on the western bank of the River. 1.8 The pipeline route then crosses under the Rye Water River and runs across the northern side of a flat grassland field lying to the north of the River. To the north of this field the topography rises sharply and the steep bank is covered in trees. The Rye River meanders along the southern boundary of the riverside field and there are a number of mature trees along the river bank and in a small copse within the field. To the south of the River the topography rises again towards the Intel plant. 1.9 At the eastern end of the field the pipeline route turns north east and rises with the topography through a gorse filled gap in a small coniferous plantation to agricultural land. It then crosses through a number of agricultural fields following the route of the Royal Canal, until it reaches Cope Bridge/the R149. At Cope Bridge the pipeline turns north for a short length then crosses under the R149 and then travels in a north easterly direction through the grounds of the Confey GAA club. North east of the club house the pipeline turns south east, crosses into an adjoining agricultural field and runs parallel to the western boundary of the field. It then turns east and runs along the southern boundary of the field, north of the Royal Canal. At the eastern end of the field the pipeline crosses into the Royal Canal Amenity Group’s property (an amenity area) beside the Royal Canal and then, at the eastern edge of the built up area of Leixlip, turns south and runs under the Royal Canal and Dublin – Sligo Railway line to St. Catherine’s Park. 1.10 The pipeline runs along the western side of St. Catherine’s Park, through managed grassland, broadly following the line of an existing path within the park. The southern boundary of St. Catherine’s Park is marked by a line of mature trees and the pipeline then crosses through these and runs along the eastern side of an agricultural field. At the southern end of this field, the pipeline crosses into an adjoining field, and runs along its western side, which slopes in a southerly direction towards the Leixlip wastewater treatment works. 1.11 The pipeline then crosses under Black Avenue to the Leixlip Waste Water Treatment Works. Proposed Development 1.12 The proposed development comprises the construction of a 450mm internal diameter rising main and a 750mm internal diameter gravity sewer. 1.13 The 450mm internal diameter rising main is approximately 1.9km in length and is routed in a west to east direction in parallel with the Rye Water for a distance of 780m (minimum setback 60m from the northern bank of the River). The rising main then turns north easterly and continues easterly parallel with the Royal Canal and Dublin-Sligo Railway line (minimum setback 30m). The rising main follows the ground topography with the average depth to invert level of less than 2m. The rising main terminates at the gravity sewer c.400m west of the R149/Cope Bridge. ___________________________________________________________________________ 09.JP0008 An Bord Pleanála Page 3 of 23 1.14 There is a 40bar high pressure gas main with a 15m wayleave running from Collinstown to the R149/Cope Bridge. The proposed rising main and gravity sewer will be laid outside of the wayleave area, south of it from Collinstown to Louisa Bridge, and thereafter north of it. 1.15 The gravity sewer will run parallel to the Royal Canal for a short distance and then turn north east across Confey GAA grounds, then re-join the northern bank of the Royal Canal as far as St. Catherine’s park. Here it turns south and will cross underneath the Royal Canal and Railway line in a tunnel and run through the park to the Leixlip Wastewater Treatment Plant. The gravity sewer will be laid at a gradient resulting in excavation depths of up to 6.0m. 1.16 Along the route of the pipeline there are a number of river, road, railway, drains and stream crossings. The following will be progressed by no-dig micro- tunnelling: • Crossing of the Rye Water River. • Crossing of the R149 and GAA Confey Sports Ground. • Crossing north and north east of the Confey GAA club house, including the Silleachain Stream. • Crossing of the Royal Canal and the Dublin – Sligo Railway line. 1.17 The rest of the route will be constructed by open trench excavations. 2 LEGISLATION AND POLICY CONTEXT EU Habitats Directive 92/43/EEC 2.1 The Habitats Directive (as amended) deals with the Conservation of Natural Habitats and of Wild Fauna and Flora throughout the European Union. Article 6(3) of the Directive requires the competent authority to carry out an appropriate assessment of any plan or project, on its own and in combination with other plans and programmes, which is likely to have a significant effect on a Natura 2000 site, prior to any decision being made to allow the project to proceed. The Directive requires that a competent authority shall only agree to the plan or project having ascertained that the development will not adversely affect the integrity of the site concerned. 2.2 Natura 2000 sites in Ireland comprise Special Areas of Conservation (including candidate SACs) and Special Protection Areas. SACs are selected for the conservation and protection of habitats listed in Annex I and species (other than birds) listed in Annex II of the Habitats Directive and their habitats. SPAs are sites which have been selected for the conservation and protection of bird species listed on Annex I of the Birds Directive and regularly occurring migratory species and their habitats. Local Nature Conservation Designations 2.3 Within the vicinity of the proposed pipeline the Rye Water River is designated as an SAC, the Rye Water Valley/Carton SAC site code 001398. The designated area includes the Rye Water River and its banks from a point c.4.5km north west of the proposed start point of the proposed pipeline to where the Rye Water joins the River Liffey in Leixlip ___________________________________________________________________________ 09.JP0008 An Bord Pleanála Page 4 of 23 Town.