N2 Slane Bypass Road Scheme – Application for Approval of Proposed Road Development County Meath Compulsory Purchase (Roads No. 1) (N2 Slane Bypass Road Scheme) Order 2009 INSPECTOR’S REPORT Promoting Authority: Meath County Council ABP Ref. No. (EIS): PL17.HA0026 ABP Ref. No. (CPO): PL17.KA0015 Observers/Objectors: Details as set out in Appendices II and III Inspector: Michael Walsh __________________________________________________________________________________ PL17.HA0026/KA0015 An Bord Pleanála Page 1 of 124 NATURE OF APPLICATIONS This is a report to An Bord Pleanála on applications by Meath County Council for approval under Section 51 of the Roads Act 1993 (as amended by the Planning and Development Acts, 2000 to 2010) of the road development described in the Environmental Impact Statement submitted, and for confirmation under Section 76 of and the Third Schedule to the Housing Act, 1966 of the Compulsory Purchase Order described on the title page. This preparation of an environmental impact statement in respect of this development was undertaken on foot of a direction by An Bord Pleanála. These applications were advertised publicly in the press on the 16 th and 19 th December, 2009 in accordance with the appropriate statutory requirements. Written submissions in relation to the likely effects on the environment of this development, written objections to the Compulsory Purchase Order and written objections to the extinguishment of specified public rights of way were invited to be made to An Bord Pleanála not later than the 17 th February, 2010. A full list of those who made submissions and objections is set out in Appendices II and III. The Board issued a request for further information on the 17 th May, 2010. This information was submitted on the 30 th July, 2010 and, following consideration of its content, the Board determined that it comprised significant additional information and directed Meath County Council on the 13 th September, 2010 to publish a notice in accordance with Section 51 of the Roads Act 1993, as amended, in one or more newspapers and to send notice of the receipt of this information to certain prescribed bodies. Several submissions and observations were made in response to the publication of the receipt of this information. ORAL HEARING AND INSPECTIONS Oral Hearing: An oral hearing of these applications was held in the Boyne Valley Hotel, Drogheda in accordance with the relevant statutory requirements. This commenced on the 14 th February, 2011 and continued on various dates until the 4 th March, 2011. It resumed on the 29 th March, 2011 and continued to its closing on the 1st April, 2011 (18 sitting days in total). Inspections: Inspections took place on the 15 th December 2010, 26 th January 2011, 8th , 12 th and 14 th February 2011, 11 th , 14 th , 24 th and 28 th March 2011 and 11 th August 2011. STRUCTURE OF REPORT This report includes a description of the proposed development, a general description of the route of the proposed road and its environs, a review of submissions and observations made in writing and at the oral hearing, an assessment of the issues relevant to this case and recommendations on the application for approval and the application for confirmation of the Compulsory Purchase Order. __________________________________________________________________________________ PL17.HA0026/KA0015 An Bord Pleanála Page 2 of 124 The assessment incorporates a review of material issues relevant to the proposed development having regard to the Board’s obligations to carry out an environmental impact assessment of the project and to the legislative framework governing the Board’s deliberations in cases of this type. The cultural heritage and landscape and visual aspects of the proposed development are dealt with in the report of Mairead Kenny, which is included as Appendix I and forms an input to this report. The instruction given by the Board to Mairead Kenny was as follows: 1. Attend the oral hearing, provide assistance to Michael Walsh in its format, timetabling and direction and deal with any such issues as may be determined by the Board and / or the reporting inspector. 2. Ask questions as deemed necessary at the oral hearing. 3. Submit a written report with recommendations to Michael Walsh on the following aspects of the application: • Landscape and Visual. • Architecture, Archaeology and Cultural Heritage. The report and recommendations shall be compiled having regard to the relevant chapters of the EIS together with its accompanying appendices, further information submitted to the Board in writing or at the oral hearing by any of the parties and consideration of the likely effects on the environment of the proposed road development. Lists of those who made submissions to the Board, those who objected to the Compulsory Purchase Order, appearances at the oral hearing and a list of material presented at the oral hearing are included in appendices to the report. The names of Government departments and agencies and the positions of public representatives are given in this report in accordance with details correct at the time of the commencement of the hearing. The contribution of Mairead Kenny to the preparation of this report is gratefully acknowledged. __________________________________________________________________________________ PL17.HA0026/KA0015 An Bord Pleanála Page 3 of 124 CONTENTS 1. PROPOSED DEVELOPMENT 6 1.1 Constraints Study Report 2002 6 1.2 Route Selection Study 2005 7 1.3 Board Directions on Environment Impact Statement 8 1.4 Main Components of Development 9 1.5 Extent of Interests and Lands for Compulsory Acquisition 10 1.6 Statutory Procedures / Reports 11 2. ENVIRONMENTAL IMPACT STATEMENT 12 2.1 Background and General Description 12 2.2 Significant Environmental Impacts 13 2.3 Further Information 17 3. GENERAL DESCRIPTION OF ROUTE AND ENVIRONS 18 3.1 East Meath Area 18 3.2 Slane Village and Surrounds 18 3.3 Significant Heritage Features 19 3.4 Road Network 20 4. PUBLIC PARTICIPATION / RESPONSES 21 4.1 Written Submissions on Approval Application 21 4.2 Objections to Compulsory Purchase Order 24 4.3 Preliminary Meeting 26 4.4 Oral Hearing Proceedings 26 5. FRAMEWORK OF CONSIDERATION 27 5.1 Role of Board 27 5.2 Matters for Consideration 27 5.3 Public Participation 28 5.4 Transboundary Implications 29 6. ASSESSMENT OF PROJECT 32 6.1 Extent of Development 32 6.2 Aims and Objectives of Development 34 6.3 Environmental Impact Assessment 35 6.3.1 Outline of Process 35 6.3.2 Adequacy of Environmental Impact Statement 36 6.3.3 Human Environment 38 6.3.4 Noise and Vibration 45 6.3.5 Flora and Fauna 47 6.3.6 Geology and Soils 50 6.3.7 Waters 52 6.3.8 Air and Climate 53 6.3.9 The Landscape 55 __________________________________________________________________________________ PL17.HA0026/KA0015 An Bord Pleanála Page 4 of 124 6.3.10 Material Assets 62 6.3.11 Cultural Heritage 64 6.3.12 Implications for World Heritage Site 68 6.3.13 Summary (Environmental Impact Assessment) 77 6.4 Achievement of Objectives of Development 79 6.5 Compliance with Meath County Development Plan 81 6.6 Development in Context of Alternatives 85 6.6.1 Alternatives Relevant to Slane Bypass 85 6.6.2 Road Design Standard Alternatives 86 6.6.3 Alternative Routes – Western Corridor 88 6.6.4 Alternative Routes – Eastern Corridor (Bridge Location) 91 6.6.5 Bridge Height and Design 93 6.6.6 Alternative Routes – Eastern Corridor (Remainder of Route) 93 6.7 Alternatives without Bypass Construction 94 6.7.1 Forms of Heavy Goods Vehicle Ban 96 6.7.2 Analysis of Traffic Movements through Slane 97 6.7.3 Implementation of Ban 100 6.7.4 Likely Outcome in Slane 101 6.7.5 Likely Outcome on Wider Network 102 7. OBJECTIONS TO COMPULSORY PURCHASE ORDER 104 8. CONCLUSIONS AND RECOMMENDATION 107 8.1 Objectives of Development 107 8.2 Environmental Impact 107 8 3 Alternatives 108 8.4 Conclusions 109 8.5 Recommendation (Application for Approval for Road) 111 8.6 Recommendation (Application for Confirmation of CPO) 113 APPENDICES 114 I – Report of Mairead Kenny on Cultural Heritage and Landscape and Visual Impacts II - List of Outstanding Objectors to Compulsory Purchase Order III- List of Persons/Bodies having made Submissions / Observations on EIS IV- Appearances at Oral Hearing V - Schedule of Written Material submitted at Hearing VI – Summary of Proceedings of Oral Hearing __________________________________________________________________________________ PL17.HA0026/KA0015 An Bord Pleanála Page 5 of 124 1. PROPOSED DEVELOPMENT 1.1. Constraints Study Report 2002 Background Several studies and plans are referred to, including the National Roads Needs Study 1998, the National Development Plan 2000-2006 and the Meath County Development Plan 2001, with particular reference to the objective in the Development Plan to construct a bypass around Slane. Previous studies are referred to. A feasibility report prepared in 1985 recommended a skew bridge not including a bypass of the village. A further feasibility study in 1990 deemed that the 1985 scheme would not address the problems of the steep gradients. It identified three possible bypass routes, two to the west and one to the east, and concluded that the eastern route would be most suitable on grounds of limited visual impact on the village, minimisation of land severance and cost. Short-term safety measures were implemented following a report in 2001. The existing road network is described with particular reference to the steep gradients on the approach to the bridge, the poor safety record of this section of the N2 road and problems at the N2/N51 intersection in the village. Identification of Constraints For the purposes of this study, a Route Study Area was identified, comprising a broad curving band of about 1.25 kilometres in width which crosses the N2 road north and south of the village.