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Inspectors Report An Bord Pleanála Inspector’s Report PL07.240168 PROPOSED DEVELOPMENT: • Retention of use of site as a compound and loading bay for the storage and distribution of limestone blocks. • Retention and improvement of field access to form commercial access serving compound for retention. LOCATION: Curragh, Clonmacowen By, Aughrim, County Galway. PLANNING APPLICATION Planning Authority (P.A.): Galway County Council P.A. Reg. Ref.: 11/984 Applicants: Brendan Dervan & Donal McLoughlin Application Type: Permission P.A. Decision: Grant permission subject to conditions PLANNING APPEAL Appellant: An Taisce Type of Appeal: 3rd party – v – grant Site Inspection: 8 May 2012 Appendices: Photographs and Key Map; Site Location Sketch. ___________________________________________________________________________ PL07.240168 An Bord Pleanála Page 1 of 14 1.0 INTRODUCTION 1.1 This is a third party appeal against the decision of the Planning Authority, Galway County Council, to grant permission subject to conditions for retention of a “storage compound” in a rural area adjoining the main Ballinasloe-Aughrim Road (old N6), a short distance east of Aughrim. 1.2 There is a planning history to the site, associated initially with the construction of the M6 Motorway in the mid/late 2000’s. The history is set out in the relevant section (3.0) of my report, below. 1.3 The current planning application is stated to have been the subject of a formal pre- application consultation with Planning Authority personnel in May 2011. 1.4 During the course of processing the current planning application, there was an extension of time confirmed for the making of a decision (confirmed in September 2011: decision postponed to January 2012). During the time extension period there was unsolicited further information submitted to the Planning Authority (November 2011). The planning application details and this further information are summarised in the relevant section (4.0) of my report, below. 1.5 A request for an oral hearing in this case was made by the applicants in their response to the submitted appeal. The Board directed in April 2012 that an oral hearing should not be held. 1.6 I have read the file and visited the site and its environs and can now report as set down below. 2.0 SITE CONTEXT AND DESCRIPTION 2.1 Site Location 2.1.1 The site is located in a rural area between Ballinasloe to the east and Aughrim to the west. Access is existing/proposed direct to/from the R446 Regional Route (former N6 main Dublin-Galway Road). This road forms part of the northern boundary of the site, adjacent to a recorded monument which lies between the road and the remainder of the northern site boundary. The site is otherwise generally surrounded by fields in active agricultural use. 2.1.2 Other notable features of the wider area include the M6 motorway to the south, also to the west where it is crossed by an over-bridge forming part of the R446 road. Sketch map and photographs attached herewith to my report help to illustrate the context. The Battle of Aughrim site is marked out in an extensive but low key visitor presentation, accessible via the R446 west of the M6 over-bridge. To the east the R446 includes a sharp bend in the road adjoining the recorded monument, beyond (east of) which there is a crossroads. This section of the road is characterised by a solid white line marking in the middle of the road (including the appeal site frontage) and certain road hazard warning signs. ___________________________________________________________________________ PL07.240168 An Bord Pleanála Page 2 of 14 2.1.3 Although the R446 is a regional route, a 100kph speed limit applies in this vicinity. The site access proposed for retention/improvement is almost directly facing a minor road junction on the northern side of the R446. Another pre-existing gated field access to the site is located a short distance east of this location (see photographs), also almost directly facing into the minor road junction. 2.2 Site Description 2.2.1 The site itself comprises excavated land defined on its eastern and southern boundaries by mature hedgerow fencing. To the west it is open to the remainder of the landholding indicated in submitted plans (“blue-lined” area on submitted Site Plan). To the north there is wire reinforced timber fencing and a field gate adjoining the public road. The boundary with the adjoining recorded monument is defined by post and wire fencing and a gate. 2.2.2 Parts of the site are covered with groups of the limestone blocks referred to in the application. The cut stone blocks observed were of variable size up to a maximum of less than 1 cubic metre. Most of the blocks appear to be numbered (see photographs). 3.0 PLANNING HISTORY 3.1 The planning reports for the Planning Authority essentially refer to one history case, which was a withdrawn application (2008) for development consisting of a borrow pit for the procurement of fill on lands and including topsoil and overburden storage area and import of inert cut and fill materials and site restoration to agricultural lands. It is understood this application was withdrawn in the context of a realisation by the land owners that the development then proposed, could be undertaken as “exempted development”. 3.2 This approach was confirmed under the aegis of Galway County ED09/02, in respect of which certain details have been provided now to An Bord Pleanála. In essence an exemption to use the land as a borrow pit was granted in March 2009 on lands including the current appeal site (see site location map, scale 1:2500, dated January 2009 on file ED09/02). Reference is made in the planning report in that ED case to Schedule 2 Part 1 Class 16 of the Planning and Development Regulations 2001. The proposal as then described was “proposed temporary borrow pit for extraction of aggregates”. Submitted drawings indicate a stated area of 3.92 hectares to be excavated as a borrow pit, and the direction of excavation (west to east) then proposed. An exclusion zone relating to the recorded monument within the relevant lands was also noted on the site layout plan. 3.3 Other history information contained within the planning reports on the current file states that the subject lands are currently the subject matter of an enforcement case with Galway County Council under Ref. Nos. EN10/187 and EN09/118. 3.4 It may be noted that Section 18 of the currently submitted planning application form confirms as follows: ___________________________________________________________________________ PL07.240168 An Bord Pleanála Page 3 of 14 “The site was originally used for agricultural use. The overburden was removed from the site and used in the construction of the M6 motorway under exemption. The site was never used for dumping”. 4.0 PROPOSED DEVELOPMENT AND PLANNING AUTHORITY DECISION 4.1 Proposed Development 4.1.1 The proposed development is described in the public notices as: (a) Retention of use of site as a compound and loading bay for the storage and distribution of limestone blocks, and (b) Permission sought for the retention of and improvement to an existing field access to form a commercial access serving a compound for limestone blocks and loading area. NB. It may be noted that Section 9 of the submitted planning application form contains an anomaly vis-á-vis the public notices specifically the application form refers in (b) to “ relocation ” as distinct from “retention” of field access. However it may be noted also that the Planning Authority Decision in the case describes the subject development as in the case of the relevant public notices i.e. permission sought for retention and improvement of access. 4.1.2 Site area is stated to be 3.37 hectares. 4.1.3 The planning application form and related documentation were accompanied by a covering letter (Raymond J. Kenny and Associates Ltd.). This letter includes points as set down below. • There are 1,010 no. blocks from another site stored at Curragh (subject site) and no further additions are proposed. • Proposal to move 4-6 blocks per week until all have been removed, over a period of between 1½ and 2½ years. • On removal of blocks, the remaining and full reinstatement of the site will be carried out “… with the already approved reinstatement submission…” • A new commercial access is proposed to accommodate the current application “… and any other approved activity…” in a safe and orderly manner. • There will be no requirement for wastewater disposal on site. • The continued use of the site for the storage and distribution of limestone blocks is critical to the survival of the applicants’ stone business. • Applicants have secured an export market for their stone blocks. 4.2 Initial Assessment for Planning Authority 4.2.1 Initial assessment for the Planning Authority is set out in the Planning Report dated 2 September 2011. The report noted several third party objections to the proposed development; and is/was underpinned by reports prepared by the Area Engineer, the Department of Arts, Heritage and the Gaeltacht and the National Roads Authority ___________________________________________________________________________ PL07.240168 An Bord Pleanála Page 4 of 14 (NRA). The Report also refers in some detail to a recommendation to refuse permission in the case 08/1231 (withdrawn application), as referred to in Section 3.0 of my report, above (Pages 4/5 of current Planning Authority Planning Report refer). 4.2.2 The Planning Report concluded with a recommendation to refuse permission for four reasons, which may be summarised: • traffic hazard; • in the absence of justification for the development, it would detract from visual amenities, depreciate the value of properties and set an undesirable precedent; • adverse impact on archaeology, and • extension of unauthorised works, contrary to the proper planning and sustainable development of the area.
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