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Inspector's Report ABP-308226-20

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Inspector's Report ABP-308226-20 Inspector’s Report ABP-308226-20 Development Refurbishment of Obelisk Bridge, Co. Louth Location Obelisk Bridge, Tullyallen, Drogheda, Co. Louth Applicant Louth County Council Type of Application Application for approval made under Section 177(AE) of the Planning and Development Act, 2000 (local authority development requiring appropriate assessment) Observations Pat Coffey, Boyne Valley Walking; Robert Kenny; Frank Flanagan; Aine Walsh; Jacinta Walsh, Autism Support Louth & Meath; Joan McQuillan; Ann McVeigh; Alana McVeigh; Aine McVeigh; Marcella Joyce; Raymond Boyce; Karen Devine; Anthony Murphy, Green Party Representative; Eddie Phelan Date of Site Inspection 5 February 2021 Inspector Una Crosse ABP-308226-20 Inspector’s Report Page 1 of 70 1.0 Introduction Section 177AE of the Planning and Development Act 2000 (as amended) requires that where an appropriate assessment is required in respect of a proposed development by a local authority, the authority shall prepare an NIS and submit an application to the Board for approval. The development cannot be carried out unless the Board has approved the development with or without modifications. Furthermore, Section 177V of the Planning and Development Act 2000 (as amended) requires that the appropriate assessment shall include a determination by the Board as to whether or not the proposed development would adversely affect the integrity of a European site and the appropriate assessment shall be carried out by the Board before consent is given for the proposed development. Louth County Council is seeking approval from An Bord Pleanála to undertake bridge remedial works to the Obelisk Bridge which is located within and above the River Boyne and River Blackwater SAC (site code 002299) and the River Boyne and River Blackwater SPA (site code 004232) which are designated European sites. There are other designated European sites (SPAs and SACs) downstream of the proposed works (see further analysis below). A Natura Impact Statement (NIS) and application under Section 177AE was lodged with the Board by the Local Authority on 21 September 2020 on the basis of the proposed development’s likely significant effect on a European site. It should be noted that the Board have also received an application for approval from Louth County Council, also on 21 September 2020, for works to St. Dominick’s Bridge which is c. 4.5km downstream of the Obelisk Bridge (Ref. ABP-308224-20) within Drogheda town centre. A consultation period for submissions on the proposed development closed on 30 October 2020. Fourteen submissions were received and are summarised at Section 4.1 below. Finally, it should be noted that the bridge traverses two administrative areas with the boundary between Counties Louth and Meath located within the River Boyne with the mid-point of the Bridge marking the boundary division. ABP-308226-20 Inspector’s Report Page 2 of 70 2.0 Site and Location The Obelisk Bridge is located over the main channel of the River Boyne (EPA Segment Code: 07_2107) approximately 1.5km upstream of the M1 bridge crossing and approximately 5km west of Drogheda town centre. The Bridge is on the Oldbridge Road (LP2321), c.100m south of the N51 (Drogheda-Navan Road) and the Townley Hall woods. The Bridge, which was built c.1868-1869 is within the freshwater-tidal section of the Boyne channel and the Boyne Canal runs alongside and to the south of the River Boyne at this location. There is a pathway along the Canal and the River to the south of the bridge. There is a 5-tonne weight restriction on the bridge. The bridge gets its name from the Obelisk Monument which was located on the rocky outcrop situated to the northeast of the bridge. This monument, built c.1736 to commemorate the nearby Battle of the Boyne (1690), was destroyed in 1922 with only the base remaining. The bridge, which was built to replace an earlier timber structure which had collapsed c.1867, is formed of two double lattice girders each spanning 39m. The carriageway is supported on cross-girders of varying depth and mallet buckle plates with the deck formed of reinforced concrete with the superstructure sitting on ashlar stone masonry abutments. The documentation submitted includes a report entitled visual inspection and recommendations dated July 2020 which provides a detailed description and detailed photographs of the structure and its elements. It outlines a series of recommendations which are incorporated into the proposed development which I outline in the next section. 3.0 Proposed Development Development Description 3.1.1. The Obelisk Bridge, located over the main channel within the freshwater-tidal section of the Boyne channel, is a Protected Structure (RPS Ref. 645), is listed on the National Inventory of Architectural Heritage (NIAH Ref. 12802338) and is described as a significant historical structure, built in 1869 which requires refurbishment and maintenance. The application documentation states that the bridge paint system is showing signs of failure and structural members have areas of high corrosion with lattice web members with 100% section loss and cross-girders demonstrating ABP-308226-20 Inspector’s Report Page 3 of 70 delamination at flange locations. The deterioration of the wrought iron structure is progressing with the cause of accelerating corrosion stated to be water ingress. Remedial works are required to prolong the design life of the bridge ensuring its serviceability as part of the local road infrastructure. 3.1.2. The proposed remedial works on the bridge are outlined as follows: • Removal and replacement of the existing reinforced concrete (RC) deck slab • Blasting of all wrought iron elements back to a sound surface. • Strengthening/replacement of elements with significant cross-section loss • Replacement of rivet missing connections • Installation of protective paint system • Installation of new RC deck and installation of waterproofing system to same • Installation of drainage system to road network. • Repointing of abutment pillars and re-installation of copping slabs • Reconstruction of approach and departure walls to the south of the bridge • Installation of new road surface course and lining on both sides of the structure. • Removal of all vegetation immediately adjacent to the abutments and on the structure • Feasibility analysis on the installation of vehicle restraint systems and safety barriers. It is anticipated that the duration of construction works will be approximately 6 months and will be undertaken in one phase. Accompanying documents: The application is accompanied by a number of documents as follows. • Report from Louth County Council • Natura Impact Statement prepared by Ecofact (Appendix A) • Visual Inspection and Recommendations Report of Obelisk Bridge prepared by OCSC (Appendix B) • Conservation Report on proposed rehabilitation works to Obelisk Bridge prepared by Cathal Cremins Architect ABP-308226-20 Inspector’s Report Page 4 of 70 • Design Drawings at A4 (Appendix C) * o L315-OCSC-XX-XX-DR-C-0002 – site location map o L315-OCSC-XX-XX-DR-C-0010 – site layout plan o L315-OCSC-XX-XX-DR-C-0006 – general arrangement o L315-OCSC-XX-XX-DR-C-0007 – elevations o L315-OCSC-XX-XX-DR-C-0008 – sections and details • Public Notices – Copy of Newspaper Notices published in The Argus and Drogheda Independent (both 15 September 2020). * the applicant was requested to submit copies of drawings printed as per the scale set out following receipt of the application documentation. These drawings were received by the Board on 29 October 2020. 4.0 Planning History There is no planning history of note for the site. 5.0 Legislative and Policy Context European Directives and Regulations 5.1.1. The EU Habitats Directive (92/43/EEC): This Directive deals with the Conservation of Natural Habitats and of Wild Fauna and Flora throughout the European Union. Articles 6(3) and 6(4) require an appropriate assessment of the likely significant effects of a proposed development on its own and in combination with other plans and projects which may have an effect on a European Site (SAC or SPA). 5.1.2. European Communities (Birds and Natural Habitats) Regulations 2011: These Regulations consolidate the European Communities (Natural Habitats) Regulations 1997 to 2005 and the European Communities (Birds and Natural Habitats) (Control of Recreational Activities) Regulations 2010, as well as addressing transposition failures identified in CJEU judgements. The Regulations in particular require in Reg 42(21) that where an appropriate assessment has already been carried out by a ‘first’ public authority for the same project (under a separate code of legislation) then ABP-308226-20 Inspector’s Report Page 5 of 70 a ‘second’ public authority considering that project for appropriate assessment under its own code of legislation is required to take account of the appropriate assessment of the first authority. National Nature Conservation Designations The Department of Culture, Heritage and the Gaeltacht and the National Parks and Wildlife Service are responsible for the designation of conservation sites throughout the country. The three main types of designation are Natural Heritage Areas (NHA), Special Areas of Conservation (SACs) and Special Protection Areas (SPAs) and the latter two form part of the European Natura 2000 Network. European sites located within and upstream of the following sites: • River Boyne and River Blackwater SAC (Site Code 002299) - 0km • River Boyne and River Blackwater SPA (Site Code 004232) – 0km • Boyne Estuary SPA (Site Code 004080) – 6km to east. • Boyne Coast and Estuary SAC (Site Code 001957) – 7km to east. Planning and Development Acts 2000 (as amended) Part XAB of the Planning and Development Acts 2000-2017 sets out the requirements for the appropriate assessment of developments which could have an effect on a European site or its conservation objectives. • 177(AE) sets out the requirements for the appropriate assessment of developments carried out by or on behalf of local authorities. • Section 177(AE) (1) requires a local authority to prepare, or cause to be prepared, a Natura Impact Statement in respect of the proposed development.
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