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Report Template Normal Planning Appeal Inspector’s Report ABP-303590-19 Development Replacement of culverts and all associated ancillary works. Location Ballywilliam Bridge and Aughnacrew Bridge, Ballywilliam, Co. Wexford. Local Authority Wexford County Council Type of Application Application for approval made under Section 177AE of the Planning and Development Act, 2000, as amended. Prescribed Bodies The Minister for Culture, Heritage and the Gaeltacht Kilkenny County Council An Taisce The Heritage Council Inland Fisheries Ireland Coras Iompair Éireann Health Service Executive Irish Water Observer(s) Inland Fisheries Ireland ABP-303590-19 Inspector’s Report Page 1 of 54 The Health Service Executive (South), Environmental Health Service. Date of Site Inspection 29th April, 2019 Inspector Robert Speer ABP-303590-19 Inspector’s Report Page 2 of 54 1.0 Site Location and Description The site in question is located in the village of Ballywilliam, Co. Wexford, approximately 7.5km northeast of New Ross and 12km southeast of Graiguenamanagh, and can be described as comprising two constituent parts in that the proposed development relates to the carrying out of works at two locations as follows: Ballywilliam Bridge: 1.2.1. This area comprises the westernmost extent of the wider site and encompasses the Ballywilliam bridge crossing of the R731 Regional Road over the Aughnacrew River in addition to part of the river itself, the river bank, and a section of the public road. It also extends southwest to include a small field alongside the regional road that will be used as a site compound during the construction works. Although this field is presently undeveloped and may have previously been used for agricultural purposes, it was noted during the course of a site inspection that a significant number of disused / empty chemical storage tanks had been placed within the north- eastern corner of the field immediately alongside the river bank seemingly for makeshift storage purposes. 1.2.2. The immediate site surrounds are dominated by an ‘end-of-life’ vehicle (ELV) processing workshop and dry car storage area located on those lands to the north of the river with the intervening site boundary defined by palisade fencing. Further east (upstream), on the opposite side of the regional road, is a service station and forecourt area with an ancillary shop unit etc. Aughnacrew Bridge: 1.3.1. The easternmost extent of the site comprises the Aughnacrew bridge crossing of Local Road No. L413 over the Aughnacrew River in addition to part of the river itself, the river bank, and a section of the public road. In this regard it should also be noted that the wider site area includes that stretch of river between the Aughnacrew and Ballywilliam bridges. 1.3.2. To the immediate northwest is the existing service station and shop unit whilst the lands to the southwest are occupied by a carpet / furniture business with the lands further east (upstream) in agricultural use. ABP-303590-19 Inspector’s Report Page 3 of 54 2.0 Background and the Proposed Development Due to the limited size of the existing culverts under both the Ballywilliam and Aughnacrew Bridges (the R731 Regional Road and Local Road No. L413 respectively) these pipes have insufficient capacity to accommodate the water flows within the Aughnacrew River during periods of heavy rainfall (it is estimated that the existing under-sized culverts are only sufficient for a 1 in 2 year flood event) with the result that flooding occurs along the road network and on private lands in the vicinity, including at the nearby petrol station and shop. These flood events disrupt traffic movement and cause damage to property, including erosion, with a resulting loss of business to commercial premises in the community. In support of the foregoing, the Strategic Flood Risk Assessment appended to the Wexford County Development Plan, 2013-2019 identifies a significant area at risk of flooding adjacent to both banks of the Aughnacrew River within Ballywilliam village and the Office of Public Works has confirmed recurrent flooding at Ballywilliam up to 2001 during periods of heavy rainfall with the village having been impassable during a flood event in 2000. In 2015 the Local Authority was allocated funding to upgrade the two bridges and subsequently received approval for the proposed replacement culverts from the Office of Public Works under Section 50 of the Arterial Drainage, Act, 1945 (the OPW originally consented to the proposed culverts at both bridges in 2016, however, following design refinements, an application for the revision of the culvert at Ballywilliam Bridge was sought and obtained in 2018). Accordingly, in view of the foregoing, the clear purpose of the proposed works is to alleviate flooding upstream of the bridges with the effect of reducing flood risk within the village of Ballywilliam thereby making it a more attractive place to live etc. In this respect Wexford County Council published notice in the Wexford People, New Ross Standard and the Guardian newspapers on 29th January, 2019 of the proposed works as follows: - The excavation of the existing roadway, and demolition and removal of existing pipe culverts from the Aughnacrew River at Ballywilliam Bridge and Aughnacrew Bridge; - Installation of new box culverts, wingwalls and other supporting infrastructure at the bridges; ABP-303590-19 Inspector’s Report Page 4 of 54 - Installation of rock armour to river banks; - Installation of new parapets; - Provision of new asphalt surfacing, footways and verges; - Straightening of river bank near Ballywilliam Bridge and provision of a sheet pile wall on downstream side; and - All ancillary site development works. The public notice also advised that a Natura Impact Statement (NIS) had been prepared in respect of the proposed development. 3.0 Relevant Planning History 3.1.1. On Site (alongside Ballywilliam Bridge culvert): PA Ref. No. 20110616. Was granted on 25th October, 2011 permitting Patrick Byrne permission for (1) Retention of existing palisade fencing, (2) Permission for change of use of premises used as a garage to include an additional use as an end-of-life vehicle (ELV) processing workshop and associated works (3) permission for dry car storage area, all at Ballywilliam, Enniscorthy, Co. Wexford. PA Ref. No. 20120310. Was refused on 7th June, 2012 refusing Patrick Byrne permission for (1) End of life vehicle (ELV) processing unit with a bunded ELV fluid and oil storage area, (2) Permission for change of use of lands to dry car storage area, with associated site works (3) Permission for erection of canopy, all at Ballywilliam, Ballyanne, Co. Wexford, for the following reasons: • The proposed site is immediately upstream of the New Ross water intake and it is considered that the risk that this site presents is not compatible with the proper protection of the public water supply. Therefore, the proposed development poses an unacceptable public health risk and would be contrary to the proper planning and sustainable development of the area. • The Planning Authority is not satisfied that the proposed development would not exacerbate the risk of flooding in the area. The location of the proposed development within an area at risk of flooding would also pose a public health ABP-303590-19 Inspector’s Report Page 5 of 54 risk and would be contrary to the proper planning and sustainable development of the area. PA Ref. No. 20141026. Was refused on 18th February, 2015 refusing Patrick Byrne permission for change of use of lands to dry car storage of 1.0 hectares and associated site works at Ballywilliam. Ballyanne, Co. Wexford: • The proposed site immediately upstream of the New Ross water intake and it is considered that the risk that this site presents is not compatible with the proper protection of the public water supply. Therefore, the proposed development poses an unacceptable public health risk and would be contrary to the proper planning and sustainable development of the area. • Given the direct discharge of surface water from the site to the Aughnacrew Rover and the wholly inadequate nature of the Natura Impact Statement submitted in support of the proposed development, the planning authority is not satisfied that there would be no likely significant impacts on the River Barrow and River Nore SAC (Site Code: 002162). Therefore, the proposed development would be contrary to the proper planning and sustainable development of the area. • The Planning Authority is not satisfied that the proposed development would not exacerbate the risk of flooding in the area. The location of the proposed development within an area at risk of flooding would also pose a public health risk and would be contrary to the proper planning and sustainable development of the area. PA Ref. No. 20150916 / ABP Ref. No. PL26.245835. Was refused on 14th April, 2016 refusing Patrick Byrne trading as Byrne’s Motors permission for the change of use of lands to dry car storage area of one hectare, with associated site works at Ballywilliam, Enniscorthy, Co. Wexford: • Having regard to the nature and excessive scale of the proposed development, to its location on a site subject to significant flood risk and also located within the drainage catchment of an adjoining environmentally sensitive watercourse that drains over a short distance into a designated Natura 2000 site (River Barrow and River Nore Special Area of Conservation), as well as being located a short distance upstream of the intake for the New ABP-303590-19 Inspector’s Report Page 6 of 54 Ross water supply (Pollymounty), it is considered that the proposed development would pose a significant risk to the water quality of the adjoining watercourse. The proposed development would represent an inappropriate location for the proposed development, would constitute an unacceptable environmental risk and would be prejudicial to public health. The proposed development would, therefore, be contrary to the proper planning and sustainable development of the area.
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