DONEGAL COUNTY COUNCIL N56 COOLBOY TO COMPULSORY PURCHASE ORDER, 2014

WRITTEN STATEMENT OF KILLIAN SMITH, EXECUTIVE PLANNER, COUNTY COUNCIL

I am an Executive Planner with Donegal County Council and am familiar with the nature of the development proposed under Donegal County Council N56 Coolboy to Kilmacrennan Compulsory Purchase Order, 2014. The purpose of this report is to assess the proposed road improvement and realignment works for the N56 Coolboy to Kilmacrennan Scheme in the context of the current planning policy framework at National, Regional and County levels. The road design is based on a Type 2 Single Carriageway Standard. A designated shared use pedestrian/cycleway facility is to be provided along the entire length of the scheme on both sides.

The following outlines the planning context of the proposed development.

Strategic Planning Policy

National Spatial Strategy 2002-2020

The National Spatial Strategy (NSS) is a twenty year planning framework designed to achieve a better balance of social, economic and physical development and population growth between regions in Ireland and to assist in the implementation of the National Development Plan. In relation to the Border Region the NSS has identified a number of key areas including improvements in infrastructure links between areas in the Border Region and other regions.

Infrastructure and Capital Investment 2012-16: (Medium Term Exchequer Framework)

The National Development Plan 2007-2013 was superseded by the above document published by the Department of Public Expenditure and Reform. This framework prioritises continued investment in the national

1 primary road networks specified therein to include completion of specified major inter-urban routes, progression of the Atlantic Corridor, the N11, the cross-border route linking Dublin to Derry and Donegal and other strategic routes. In addition to the funding provided, the NRA will also be authorized to progress a limited number of improvement schemes, together with some relatively low-cost targeted improvements on the national secondary network, where road safety is an issue, and in tourist areas. The Coolboy to Kilmacrennan N56 Road Improvement and Realignment Scheme is intended to, inter alia, address serious road safety issues on the existing road and to provide better and safer access to tourist areas and thus it is considered that the proposed N56 Road Scheme from Coolboy to Kilmacrennan is consistent with National Infrastructure and Capital Investment policies.

Regional Planning Policy

Border Regional Authority Planning Guidelines (2010-2022) Although no specific reference is made to a N56 Road Realignment Scheme in the BRA Planning Guidelines the guidelines do recognise the need to provide effective connectivity within the Region and the need to address infrastructure deficits if the Region is to compete with other regions as well as Northern Ireland.

It is considered that the proposed N56 improvement and realignment works are consistent with the Border Regional Authority Planning Guidelines

County Planning Policy

County Donegal Development Plan 2012-2018 (As Varied on the 22nd of July 2013)

(Note: Variation No.2 to the Development Plan 2012 – 2018, further to a Ministerial Direction in accordance with Section 31 of the Planning and Development Act 2000 (as amended), is currently inoperative)

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Chapter 1 Introduction and Context

Part 1.5 Key Strategic Objectives

The first chapter of the current County Development Plan incorporates key strategic objectives to deliver the proper planning and sustainable development of the County. Key strategic objectives stated in this chapter of the Development Plan that particularly support the proposed N56 Coolboy to Kilmacrennan Road Scheme and with which the proposed road scheme is consistent include:

“IC-O-2 To strengthen infrastructure, business and innovation linkages within the County and in the Cross Border context, with the other Gateways, hubs, and towns in the Border Region Dublin, and elsewhere in the Country and further afield.”

“IC-O-7 To address existing infrastructural and service deficiencies throughout the County such as the transportation network, rail, water supply and wastewater facilities, waste disposal, energy and communications networks, the provision of education, healthcare, retail, and a wide range of community based facilities.”

This list of key strategic objectives is not exhaustive as the proposed road improvement and realignment works also effect the realisation of other objectives listed in the first chapter of the County Development Plan. The proposed road improvement and realignment project is consistent with and does not in any way contravene any of the policies or objectives listed in the Development Plan.

Chapter 2 Core Strategy

The County Donegal Development Plan 2012 – 2018 (As Varied on the 22nd of July 2013) incorporates a Core Strategy which delivers an overall strategy for the proper planning and sustainable development of the entire County of Donegal. This strategy sets out the strategic spatial planning framework for the County over a medium to longer term period and establishes a rationale which forms the underlying basis for developing planning objectives and policies. The Core Strategy, which includes a strategic framework for the management of population distribution, establishes an urban settlement hierarchy. In brief the settlement hierarchy is made up of 5 tiers. This hierarchy is focused on the role of the Gateway (Tier 1) as the primary driver of

3 growth in the County followed by a network of ‘Strategic Support Towns’ (Tier 2) which play an important role as self-sufficient service centres within the county with a projected managed growth in population. In addition the settlement hierarchy recognises the important role of a network of ‘Strong Towns and Villages’ (Tier 3) and promotes a consolidation approach in the distribution of management of population settlement patterns. Furthermore a group of ‘Small Villages’ (Tier 4) are identified in the county which have a more limited range and number of local services and where there are identifiable infrastructural and environmental limitations to significant growth. As a result a ‘protect and consolidate’ approach has been engaged in the distribution of population targets within ‘Small Villages’. Tier 5 is ‘Rural Areas’ where it is an objective to protect the environment and ensure rural vitality.

Within the urban settlement hierarchy, as set out in the Core Strategy, is considered to be a Strategic Support Town (Tier 2). Also within the urban settlement hierarchy, as set out in the Core Strategy, -, , , Ardara, Creeslough and are considered to be Strong Towns and Villages (Tier 3).

The key objectives in the Core Strategy Chapter of the Development Plan which would be contributed to by this N56 Coolboy to Kilmacrennan Scheme are:

“CS-O-6 To align investment in infrastructure with the priorities for growth established in the settlement hierarchy unless in specific instances, environmental considerations dictate otherwise.”

“CS-O-7 To prioritise key strategic connections between the Gateway and Strategic Support Towns together with links to important peripheral transport corridors serving the rest of the County.”

“CS-O-8 To co-ordinate the development of key routes with the other relevant authorities so as to result in quality strategic connections to Donegal Airport, Harbour, City of Derry Airport, Lisahally Port, Northern Ireland rail network, Belfast airports and ports, Dublin airport and ports and to the other Gateways including links to the Western Corridor1.”

1 The western corridor is an extension of the Atlantic Corridor and extends from the Gateway of Sligo up to the linked Gateway of Letterkenny – Derry.

4 Chapter 3 Economic Development

The proposed N56 Coolboy to Kilmacrennan Scheme does not contravene any of the policies in Chapter 3 of the County Donegal Development Plan (As Varied 22nd of July 2013) and would contribute positively to the economic competitiveness of the rural hinterland, the Gateway Town of Letterkenny, and the towns and villages, all served by this national secondary road.

Chapter 4 Infrastructure

4.1 Transportation Strategy (As Varied on the 22nd of July 2013)

Donegal County Council made a Variation to the County Donegal Development Plan 2012-2018 in accordance with Section 13 of the Planning and Development Act 2000 (as amended). The Variation took effect on 22nd July 2013.

In January 2012 the Department of Environment, Community and Local Government published its ‘Spatial Planning and National Roads: Guidelines for Planning Authorities’ (DoECLG Guidelines). The guidelines set out planning policy considerations relating to development affecting national primary and secondary roads, including motorways and associated junctions, outside the 50-60 kph speed limit zones for cities, towns and villages. These guidelines were issued under section 28 of the Planning and Development Act 2000 (as amended) and planning authorities and An Bord Pleanála are required to have regard to the guidelines in the performance of their functions under the Planning Acts. This requirement includes the function, by specific reference to the necessity in the guidelines, of the making of local area plans or development plans by planning authorities.

In this regard, i.e. to take cognisance of the above mentioned ‘Spatial Planning and National Roads: Guidelines for Planning Authorities’, the Transportation Strategy set out in Chapter 4 of the Development Plan was varied, and it now recognises and supports the Core Strategy and Settlement Hierarchy. It identifies a strategic transportation framework that provides for the important and essential connectivity of the County’s Gateway (Letterkenny) and Strategic Support Towns (Tier 2 in the Settlement Hierarchy) to other key centres outside the County and provides for the important intra-county connections of Tiers 1 & 2 of the settlement hierarchy with the network of Strong Towns and Villages throughout the County. Map no.1 (see appendix for attached map) demonstrates the relationship between the strategic transportation

5 framework and the settlement hierarchy and in particular demonstrates the importance of the onward and external connections. These onwards and external connections and the Council’s focus on achieving its cross border commitments and delivery of these programmes are essential to the Council’s Economic Strategy. The strategic transportation framework and Economic Strategy of the Development Plan acknowledges the important role of quality infrastructure such as road, rail, air and sea in attracting new investment, business and enterprise and as a counter balance to peripherality within the County. The alignment of these strategic frameworks (core strategy, settlement hierarchy, Transportation Strategy and Economic Strategy) will focus investment priorities going forward.

The most relevant Transportation objectives of the Development Plan in relation to the N56 Coolboy to Kilmacrennan Scheme (as amended by Variation No. 1 (July 2013) to the County Donegal Developemnt Plan 2012-2018) are:

“T-O-1: To achieve quality strategic International, National and Regional links to sea, air and rail from Donegal to other Gateways, locations and markets.”

“T-O-2: To provide for high quality connectivity within the County in line with the Core Strategy through the promotion of a quality Strategic Road Network as identified on Map 3a.”

“T-O-3: To deliver optimum accessibility, ease of movement and to facilitate appropriate proposals for modal shift.”

“T-O-4: To provide good access to the locations of major economic activity.”

“T-O-5: To safeguard the carrying capacity and safety of National roads and other specified regional roads.”

“T-O-6: To protect the corridors and routes and acquire the lands necessary for transportation improvement projects as identified in Chapter 10.”

“T-O-8: To support access to and appropriate development of ports and airports.”

It is considered that the N56 Coolboy to Kilmacrennan Scheme is consistent with the above-stated Development Plan objectives.

6 Transportation Policies

Further to the above stated objectives, Part 4.1.3 of Chapter 4 (As Varied) sets out a number of policies which support the proposed N56 Coolboy to Kilmacrennan Scheme. They are as follows:

“T-P-1: It is a policy of the Council to support and facilitate the appropriate development, extension and improvement of Donegal’s transport network, including the Strategic Road Network (Map 3a refers), in accordance with the core strategy and subject to environmental, safety and other planning considerations.”

“T-P-7: It is a policy of the Council to require that adequate cycle lanes, stands and ancillary facilities be provided in appropriate development proposals having regard to the standards set out in Chapter 10 Development and Technical Standards.”

“T-P-17 It is a policy of the Council to promote the quality and connectivity provided through the identified Strategic Road Network (Map 3a), subject to environmental, safety and other planning considerations.”

“T-P-19 It is a policy of the Council to require that any new access to strategic roads is designed in compliance with the National Roads Authority’s Design Manual for Roads and Bridges (DMRB), avoiding the use of right turn lanes unless a clear warrant has been established.”

“T-P-20 It is a policy of the Council to require a Traffic and Transport Assessment and Road Safety Audit for any development proposing access to the Strategic Road Network.”

The stretch of road to be realigned is shown as being marked for improvement on Map3a referred to above in the citation of Policy T-P-1 (see Map3a on Appendix 1 attached to this written statement). It is considered that the proposed N56 Coolboy to Kilmacrennan Scheme is consistent with the above-stated Development Plan policies.

Chapter 6 The Natural and Built Heritage

It is an overall aim of the Development Plan to conserve, protect and enhance the County’s built, natural, and culture heritage for future generations and encourage appreciation, access and enjoyment of these resources. These aims are to be achieved by a range of policy provisions and those that are appropriate to this proposal are set out below.

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“NH-P-1 It is a policy of the Council to ensure development proposals do not damage or destroy any sites of international or national importance, designated for their wildlife/habitat significance.”

“NH-P-2 It is a policy of the Council to ensure the protection of Natura 2000 sites in accordance with the EU Habitats Directive (92/43/EEC) “

“NH-P-7 It is a policy of the Council to retain and protect significant stands of existing trees/hedgerows/woodlands, and seek increased planting of native trees where appropriate in new developments.”

As the proposed N56 Coolboy to Kilmacrennan Scheme requires the compulsory purchase of land directly adjacent to the Leannan River Special Area of Conservation and is only 3km from the Lough Fern Special Protection Area and 15km from the Lough Swilly SAC & SPA, the approved development was screened for the necessity of carrying out an Appropriate Assessment of the proposed road improvement and realignment scheme. The screening assessment concluded that there was no potential for the proposed scheme to have a significant effect on the Lough Fern SAC or Lough Swilly SAC & SPA, but that during the construction of the proposed scheme that there was the potential of significant effects on the Leannan River SAC and thus that there was a need for the carrying out of an Appropriate Assessment. A Natura Impact Statement was prepared and noted that the approved drainage design will result in an improvement of the water quality of the road run-off into the River Leannnan, and as such, at operation, the proposed N56 improvement and realignment project would have no significant effect on the River Leannan SAC, its qualifying interests or conservation objectives. The potential for water quality deterioration during construction to impact upon the qualifying species has been identified in the assessment and stringent pollution prevention mitigation measures have been specified for the construction phase. The application of these measures would prevent any significant effect on the Leannan River SAC. In this regard, the proposed road improvements and realignment and ancillary drainage works would not have any significant effect on, nor pose any threat to the integrity of any Natura 2000 site. It has been proven beyond all reasonable scientific doubt that the N56 Coolboy to Kilmacrennan Scheme would not have any significant effect on the Leannan River SAC, and thus the Council have had full regard to the County Development Plan and the scheme is not only consistent with the EU Habitats Directive, but is also consistent with the County Development Plan policies and objectives in relation to Natura 2000 sites specified therein.

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As the proposed N56 Coolboy to Kilmacrennan Scheme requires the compulsory purchase of land directly adjacent to the Leannan Valley Woods proposed Natural Heritage Area (pNHA) and Lough Fern pNHA, an Environmental Impact Report was prepared for the scheme. This report has set out mitigation measures which have been incorporated into the design of the scheme. Subject to these mitigation measures being complied with the planning authority considers the scheme acceptable and consistent with those Natural and Built Heritage policies of the Development Plan set out above.

Accommodation works on third party lands affected by the scheme would be provided by land agreements with the affected parties. These works would include fencing of agricultural lands, construction of agricultural entries, provision of boundary fencing/walls to dwellings, reconstruction of entries affected by road works, provision of alternative access/service roads and re-landscaping. Areas between old road pavement and new are to be landscaped or grass seeded in the event the scheme is approved by An Bord Pleanála.

Although there would be direct impact on third party lands including permanent land take of land associated with private dwellings the overall residual impact of the scheme would be likely to be positive due to the benefits that would arise from the provision of a modern safe road designed to a high standard. The planning authority also recognises the potential economic benefit of providing the proposed improved linkages for the local community and settlements in the wider locale.

In relation to the Built Heritage and Archaeological Heritage the planning authority is satisfied that there are no protected structures or protected monuments that would be impacted upon by the N56 Coolboy to Kilmacrennan Scheme.

Tourism Chapter 8 of the Development Plan sets out the objectives and policies for the promotion of tourism in the county.

TOU-O-5 To support the development of quality infrastructure, necessary to ease travel within the County including roads, air, rail, port, signage, broadband, transport initiatives and accommodation.

The planning authority considers that the N56 Coolboy to Kilmacrennan Scheme would help deliver this objective.

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Conclusion

In my opinion the proposed development to which the Donegal County Council N56 Coolboy to Kilmacrennan Compulsory Purchase Order, 2014 relates:-

(i) Would be in accordance with the proper planning and sustainable development of the area in question;

(ii) Would accord with the objectives and policies contained in the National Spatial Strategy for Ireland 2002-2020, the Regional Planning Guidelines for the Border Region 2010 – 2022 and the County Development Plan 2012-2018 (As Varied on the 22nd of July 2013).

(iii) Would not materially contravene the County Development Plan 2012-2018 (as amended)

The acquisition by Donegal County Council of the lands the subject of the said Compulsory Purchase Order would give effect to and facilitate the implementation of the policies and objectives of the County Donegal Development Plan . 2012 – 2018 (as amended)

Dated: 8th of September 2014

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