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An Bord Pleanála FILE REFS. 03.HA0038 (Killaloe Bypass, Shannon Bridge Crossing and R494 Road Improvement Scheme) and 03.KA0025 (CPO application to facilitate the above scheme). RE: Bypass of Killaloe, bridge crossing of the River Shannon and upgrade and widening of the R494 from the village of Ballina south to connect with the R445 to the north east of Birdhill. LOCATION : Killaloe, Co. Clare and Ballina County Tipperary North. APPLICANT: Clare County Council ORAL HEARING: Monday 8 th October, 2012 to Thursday 18 th October, 2012. INSPECTOR: Stephen Kay An Bord Pleanala Page 1 of 184 03.HA0038 / 03.KA0025 CONTENTS: Page 1.0 Introduction 4 2.0 Scheme Location and Description of Area 4 3.0 Proposed Scheme 6 4.0 Submissions of Prescribed Bodies 14 5.0 Objections Received 16 5.1 Objections to the CPO 16 5.1.1 Individual Objections 16 5.1.2 Objections c/o Nagle Agri Consulting 28 5.1.3 Objections c/o John.Crowley Consulting 29 5.1.4 Objections c/o Martin and Rea Consulting 35 5.2 Environmental Objections 42 6.0 Further Information 44 6.1 Request for Further Information 44 6.2 Response to Further Information Request 46 6.3 Submissions Received on FI Response 48 7.0 Development Plan and Other Relevant Policy 50 8.0 Proceedings of Oral Hearing 53 9.0 Assessment 76 9.1 General Issues 76 9.2 CPO Issues 80 9.2.1 Overall Need 80 9.2.2 Scheme Alternatives 82 9.2.3 Compliance with Development Plan and Other Relevant Policy 86 9.2.4 Severance 90 9.2.5 Site Specific CPO Issues 91 Clients of Mr Nagle 91 Clients of Mr Crowley 92 Clients of Martin and Rea 102 Individual CPO Objectors 109 9.3 Environmental Issues 120 An Bord Pleanala Page 2 of 184 03.HA0038 / 03.KA0025 9.3.1 General Issues Relating to EIS 120 9.3.2 Ecology (Flora and Fauna) 124 9.3.3 Archaeology, architecture and Heritage 135 9.3.4 Landscape and Visual 140 9.3.5 Traffic and Transportation 144 9.3.6 Noise, Air Quality and Vibration 151 9.3.7 Material Assets 157 9.3.8 Soils, Geology, Water and Hydrology 158 9.4 Environmental Impact Assessment 165 9.5 Appropriate Assessment 175 10.0 Conclusions 177 11.0 Recommendation 179 Appendix A: Summary of Status of CPO Objections as at 8 th January, 2013 183 An Bord Pleanala Page 3 of 184 03.HA0038 / 03.KA0025 1.0 Introduction 1.1 This application relates to the proposed construction of a by pass of the village of Killaloe in east county Clare, the construction of a new bridge crossing of the river Shannon to the south of the existing town centre to connect with the existing R 494 route from Ballina to Birdhill and the improvement of this R494 route between the connection with the bridge crossing and the R445 (old N7) immediately to the north east of Birdhill village. 1.2 The application for the proposed development has been made by Clare County Council as the lead party in the development and has been undertaken on behalf of Clare County Council and North Tipperary County Council. 1.3 The application has been submitted under section 51 of the Roads Act 1993 (as amended) and the following section of the Act is of relevance. S.50(1)(a) of the Roads Act 1993 (as amended) requires that a Road Authority shall prepare an EIS in a number of situations including any proposed development consisting of ‘any prescribed type of proposed road development consisting of the construction of a proposed public road or the improvement of an existing public road.’ Prescribed development for the purposes of the Act includes ‘the construction of a new bridge or tunnel which would be 100 metres or more in length’. In the case of the proposed scheme for the Killaloe / Ballina area, the length for the bridge crossing of the River Shannon exceeds the 100 metre threshold and therefore requires an EIS to be prepared. The requirement for an EIS means that under s.51(2) the Road Act (as amended), the Road Authority (in this case Clare County Council) are required to make an application for approval of the proposed development to the Board. 1.4 In addition to the making of an application for approval under s.51(2) (as amended), the application is accompanied by an application for compulsory purchase of the lands that are stated by the applicant to be required in order to facilitate the proposed development. 1.5 Under s.51(3)(v) of the Roads Act, 1993 submissions may be made relating to the likely effects on the environment of the proposed development. It is also noted that as the application is accompanied by an EIS, issues addressed in the EIS are of relevance to the assessment of the proposal. 2.0 Scheme Location and Description of Area 2.1 The area covered by the proposed development is located in the vicinity of the towns of Ballina and Killaloe located on opposite sides of the River Shannon immediately to the south of Lough Derg. The area is located c.15km to the north east of Limerick City and forms one of a limited number of locations where the crossing of the River Shannon and connection between the M7 corridor / Limerick City and west Clare is currently available. 2.2 The towns are located in a valley between the Slieve Bernagh mountains located to the west and north west in County Clare and the Arra and Silvermine Mountains located to the east and north east. The area forms the start of the R. Shannon at the bottom end of Lough Derg and the area immediately to the north and south is characterised by the river being restricted in width from that to the north in Lough An Bord Pleanala Page 4 of 184 03.HA0038 / 03.KA0025 Derg and an area to the south where the river widens out again. The general width of the river in the section in the vicinity of the study area is c.150 metres. 2.3 The towns of Ballina and Killaloe are currently connected by a stone arched bridge that is located in the centre of the linked settlements. The bridge links the R463 which is on the Killaloe side of the river and which connects Tuamgraney to the north via Ogonnelloe and Killaloe to connect with the R.465 c. 5km to the north of Limerick City Centre, with the R.494 which runs on the eastern side of the river and which connects Nenagh, c.18km to the north east with Birdhill and the M7 to the south via Ballina. The existing bridge is configured with a single carriageway of c.4.95 metres in width with traffic signals at each end to regulate the one way movement of traffic. The existing layout has provision for pedestrian movement along the southern side of the vehicle carriageway with a marked pedestrian path however this is at grade with the main road carriageway. Small pedestrian refuges are also available on the existing bridge. 2.4 Movement of vehicular traffic across the existing bridge is restricted by the width of the bridge that limits traffic to a single carriageway and also by the fact that there are signalised traffic junctions located in close proximity at both ends of the bridge. Traffic flow is also restricted by the fact that on the Killaloe side of the river in particular there is a narrow street pattern and sharp bends that act to restrict the free movement of traffic within the town. 2.5 The area covered by the proposed scheme covers a number of areas that are distinct in terms of their visual character, topography and development. The scheme starts at the northern end of Killaloe on the R.463 in the vicinity of Ballyvally Estate. Ballyvally Estate in this location is characterised by mature trees fronting the existing R.463 and the lands to the west of the road slope up forming the lower slopes of Knockyclovaun Hill. The proposed route traverses to the west of the existing limit of development of the town on the lower slopes of Knockyclovaun Hill. 2.6 The section to the south of the Ballyvally Estate is located in more open relatively flat lands that is beyond the existing limits of the main built up part of Killaloe. The route in this area crosses two existing local roads, Hill Road and Creeveroe Road East and it is proposed that staggered junctions would be provided at the points where the bypass road intersects with these local roads. The section of the route from the southern end of the Ballyvally Estate to the R.463 is characterised by a limited amount of development, however there are dwellings located in close proximity to the proposed alignment at the points where it crosses the Hill Road and Creeveroe Road. 2.7 The section of the proposed route from the R.463 east to the location of the proposed river crossing is characterised by a recently constructed residential development located to the north east of the junction. There is also an area of mature trees located to the east and south east of this development which is located along the proposed road alignment. To the east, closer to the river, there is a local access road that runs parallel with the river and from which access is available to dwellings that back onto the river in this area.