An Bord Pleanála Inspector’s Report Reference: SU08.SU0081 Title: Quarry Location: Muingaphuca and Glannagilliagh, Killorglin, Co. Kerry Applicant: Michael F. Quirke and Sons. Local Authority: Kerry County Council Date of Site Visit: 1st July 2014 Inspector: Philip Davis SU08.SU0081 An Bord Pleanála Page 1 of 16 1. Introduction This is an application under section 177E of the Planning and Development Acts, 2000-2011 for substitute consent for a sand and gravel in central Kerry, just north of Caragh Lake near Killorglin. The application is accompanied by a remedial Environmental Impact Statement (rEIS) and remedial Natura Impact Statement (rNIS). The rEIS and rNIS are required on foot of a direction under s.261A2(a) by the Board that the quarry would have required an EIS and NIS, due to the size and scale of the operation and its location close to an SAC. 2. Site Description Photographs of the site and environs are attached in the appendix to this report. General area The site for substitute consent is located across two townlands just south of the N70 between the towns of Killorglin and Glenbeigh. The area is typical of lowlands created from glaciofluvial deposits with an undulating topography of irregular hollows and shallow ridges on well drained and low fertility grasslands, some thin layers of blanket bog, bounded by rough hawthorn hedgerows. The backdrop is highly scenic, with the Macgillicuddys Reeks some 7 km to the south-east, and Lough Caragh 10km to the south-west, and the hills around Glenbeigh to the west. The area is well populated with an irregular scattering of bungalows along the minor road network. The nearest town is Killorglin, just over 3 km to the east. There are a number of quarries in the vicinity, all utilising the deep fluvio-glacial sand and gravels which are the primary subsurface geology in this part of Kerry. The N70 is a relatively narrow and busy road lacking a hard shoulder or footpath forming the Ring of Kerry at this point. Otherwise, the area is served by a network of quite narrow and substandard third class roads. The long abandoned former Great Southern railway runs through the townlands on an embankment, running roughly 500 metres south of the alignment of the N70. Quarry at Muingaphuca and Glannagilliagh This substitute consent application relates to one small corner of a larger quarry. The area for consent is 4.1 hectares in extent and consists of a mostly worked out sand and gravel pit which appears to have a semi-permanent pond at its base – it is identified in the applicant’s plans as ‘Phase IV’. This quarry is roughly rectangular in shape. Perhaps 2-300 m² of the lands is unworked. The pit appears to be about 12 metres at its deepest below the level of the surrounding unexcavated lands. The overall quarry is to the north and east of the site and is just under 25 hectares in extent – part of it is still active. The quarry is intersected by a disused railway embankment – it is SU08.SU0081 An Bord Pleanála Page 2 of 16 sliced in one section to allow vehicular access – a service pipe runs on the former railway area above the haul route for quarry trucks. The main processing area for sand and gravel is just east of the site, while the entrance and parking/office/service area is to the north, beyond the railway embankment. There is no visible activity in the application site. North of the site is the railway embankment, with immediately beyond this, about 100 metres from the boundary, is the office, weighbridge and concrete plant associated with the active site. Just west of the reception area and about 300 metres from the application site, is a small cluster of dwellings, some modern. North of these bungalows is a raised area which includes a former landfill associated with the Astellas pharmaceutical plant in Killorglin. The houses and landfill are accessed via a track which joins the end of a cul-de-sac at the same point as the quarry entrance. This cul-de-sac runs directly north from the quarry entrance for some 600 metres, past at least two dwellings, where it joins the N70 at a slightly elevated ridge. At this point, the N70 is a narrow and busy single lane each way carriageway lacking a footpath or hard shoulder. There is a single dwelling opposite the entrance. Beyond this is open countryside, with the coast 3 km away. West of the site is a small disused farm track, with a scrub area 300 metres across which is part of the overall landholding. After another 2- 300 metres is a narrow third class road which runs due south from the N70, linking to a minor road which runs around Caragh Lake. There is a scattering of dwellings along this road. South of the site is another 300 metres or so of scrub, also within the landholding. Perhaps 50 metres south of this is a cluster of farm buildings. 100 metres south of this is a third class road running east to west – this road runs past the north of Caragh Lake and has many houses and a number of guesthouses along its route. East of the site is the main active quarry and processing area, with mobile and fixed plant, a water well, and several ponds. The extraction area is about 550 metres long, with agricultural land (mostly low grade grazing and scrub) to the south. 600 metres further east are a number of fields in scrub which are part of the quarry landholding. 700 metres east of the site is a third class road which runs directly south from the N70. There are many individual houses and farms on either side of the road. Beyond this is more farmland. 3. Determination The Board decided to confirm the S.261A determination by Kerry County Council (S.261A2(a)(2)(i)) that having regard to the scale and nature of the works and the cumulative impact with the adjoining quarry, an environmental impact assessment should have been carried out, and having regard to the proximity to the Castlemaine Harbour SU08.SU0081 An Bord Pleanála Page 3 of 16 candidate SAC and the Killarney National Park, MacGillycuddy’s Reeks and Caragh River Catchment candidate SAC, an appropriate assessment should have been carried out (S.261A(a)(2)(ii)). 4. Reports and correspondence Substitute consent application The Substitute Consent application under S.177E was submitted to An Bord Pleanala on the 17th February 2014, accompanied by an rEIS and rNIS. National Roads Authority It is noted that what is described as a ‘semi-private roadway’ in the rEIS meets the national road at a point where the 100kph limit applies. It recommends that the planning authority should avoid the creation of any additional access points to a National Road and that any traffic recommendations in the rEIS should be implemented. It recommends that any consent granted should not result in any intensification of use on the existing access to the N70. HSE The rEIS is considered acceptable and there are no objections to the grant of substitute consent subject to the mitigation measures outlined in the rEIS being followed. GSI No specific comments. Kathleen O’Neill and others of Glounaguillagh The letter (undersigned by 8 names of local residents), objects to the application for substitute consent, citing strong concerns over safety and nuisance from quarry vehicles using the access road. It is requested that the quarry use an alternative access. An Taisce Notes that in ECJ case 215006 retrospective EIA should only be permitted in ‘exceptional circumstances’. Kerry CC Roads, Transport and Safety States that the access road is private. No specific observations. Standard conditions such as the provision of wheel washes should be requested. SU08.SU0081 An Bord Pleanála Page 4 of 16 Kerry CC Environment Notes that surface water does not infiltrate into the quarry floor. Any water disposed off-site will require a discharge license. Recommends 12 no. standard conditions. Kerry CC Ecologist Notes that the main impact is likely to be via water impacts. It is noted that sand martins (amber conservation status) have been recorded on site. Kerry CC Archaeologist There are no recorded monuments within the bounds or immediate vicinity of the site. No mitigation required. Kerry County Council Planners report The report outlines the planning history of the quarry – the quarry (but not the land for substitute consent) has a retention permission and a total of three EIS retention permissions from 1989 onwards. It is noted that there is a licensed landfill facility north of the site. It is recommended that Substitute Consent be granted subject to 38 no. standard conditions (none of these are financial contribution conditions). 5. Applicants response With regard to the planning authorities suggested conditions, the applicant objects to suggested condition 37, on the basis that this would make mandatory the disclosure of confidential and commercially sensitive information. They also object to condition 24 as it is stated that there is no surface discharge from the site, and in any event such a discharge would be subject to a license under the Water Pollution Act 1977, as amended. 6. Planning Context Planning permissions – appeal site There are no planning permissions relating to specifically to the 4.1 hectares of the pit, but there is an extensive planning history to the overall quarry. These include: Permission granted in April 1989 for the use, extension and development of a gravel pit (233/89). Permission upheld on appeal from the Board (PL08.102875) in December 1997 to retain an extended gravel pit and crushing and screening plant and the retention of concrete batching plant and SU08.SU0081 An Bord Pleanála Page 5 of 16 permission for a further extension of the pit (EIS included).