An Bord Pleanála Inspector's Report

PL04.243646 An Bord Pleanála Inspector’s Report Development Description:Permission for two no GAA Grassed Playing pitches, 4 no protective retractable ball stop netting, 13 metres high x 30 metres long, 10 metre high protective, retractable ball stop netting, parallel to the regional road R633 at the southern side of the development, spectator viewing areas, single storey club building incorporating 4 no changing rooms with associated facilities, first aid room, referee changing room, boiler room and toilets for public use, equipment storage rooms, vehicle parking areas, construction of a concrete hurling wall, construction of a new site entrance including realignment of the existing boundary fence along regional road R633, waste water treatment unit and percolation area drainage, all associated landscaping, signage, site boundary treatment and associated site works. Location Lisquinlan, Ladysbridge, Co Cork. Planning Application Planning Authority: Cork County Council. Planning Authority Reg. Ref.: 14/05022. Applicant: Fr O’ Neills GAA Club. Type of Application: Permission. Planning Authority Decision: Grant Permission subject to conditions Planning Appeal PL04.243646 An Bord Pleanála Page 1 of 16 Appellants: (i) Margaret McCarthy (ii) Fon Ltd (iii)Concerned Residents c/o Pat O Keefe & Tim O Connell (iv) Shamus McCarthy (v) Dr John Cooney Type of Appeal: Third Party v Permission. Observers: An Taisce Sharon Reynolds Date of Site Inspection: 29h September 2014. Inspector: Bríd Maxwell. PL04.243646 An Bord Pleanála Page 2 of 16 1.0 SITE LOCATION AND DESCRIPTION 1.1 The appeal site, which has a stated area of 4.575 hectares, is located in a rural area adjacent to the R633 between the Villages of Ballymacoda (3.2km to the east) and Ladysbridge (3.5 km to the west) in east Cork. The site comprises an undulating field surrounded by hedgerows along the southern, eastern and western boundaries. There are drainage ditches at the eastern and western boundaries. The eastern boundary of the site is bounded by a private cul de sac laneway and the southern boundary is defined by the Regional Road R633 which at this location is approximately 6m wide with grass verges. The centre of the R633 is marked with a broken line at this point while further to the west there are solid line markings. There are a number of scattered dwellings in the vicinity the closest are to the south east opposite the site. 2.0 PROPOSED DEVELOPMENT 2.1 The proposal as set out in public notices is: “Permission for two no GAA Grassed Playing pitches, 4 no protective retractable ball stop netting, 13 metres high x 30 metres long, 10 metre high protective retractable ball stop netting parallel to the regional road R633 at the southern side of the development, spectator viewing areas, single storey club building incorporating 4 no changing rooms with associated facilities, first aid room, referee changing room, boiler room and toilets for public use, equipment storage rooms, vehicle parking areas, construction of a concrete hurling wall, construction of a new site entrance including realignment of the existing boundary fence along regional road R633, waste water treatment unit and percolation area drainage, all associated landscaping, signage, site boundary treatment and associated site works.” PL04.243646 An Bord Pleanála Page 3 of 16 2.2 The details of the proposal are outlined in a number of accompanying reports including a Planning Report, Ecological Assessment, Traffic and Transport Assessment, Stage 1 / 2 Road Safety Audit and A Waste Water Treatment System Site Suitability Assessment. The proposed usage for games training and coaching is intermittent and predominantly in the summer evenings when adequate daylight is available and at weekends. Lighting is proposed to the car park (10 Lux &a 5 Lux). No floodlighting of the playing pitches is proposed. 2.2 The application outlines that the Fr O Neill’s GAA club presently trains and plays at the facility at Aghavine, which is also rural based approximately 2km to the north of Ballymacoda village. However continued use of the established facility is not feasible on the basis of competing uses and the clubs aspiration to own and operate its own facility. 3.0 PLANNING AUTHORITY’S DECISION & DELIBERATIONS 3.1 Submissions. • An Taisce Submission asserts that the development raises a number of concerns in particular the isolated nature of the development from the established village nuclei. The proposal is reliant on motor car for access and in no way facilitates other modal users. • A number of third party submissions to the Council object, questioning the need for the development on the grounds that the current facility is adequate. The development will have significant financial implications for the parish having regard to the existing debt accruing in respect of the current facility. Objections further cite the inappropriateness of proposed development in a rural area, traffic, light pollution, negative impact on rural and residential amenity. It is asserted that the proposal is contrary to development plan policy in relation to parking standards and location PL04.243646 An Bord Pleanála Page 4 of 16 of community facilities. The natural heritage impact and the question of requirement for Environmental Impact Assessment are also raised. 3.2 Internal Reports. • Area Engineer’s report indicates no objection subject to conditions. • Heritage Unit primary report includes screening assessment which concludes that the proposed development will not have significant impacts on either Ballymacoda (Clonpriest and Pilmore) Special Area of Conservation (SAC Site code 00077) or on Ballymacoda Bay Special Protection Area (SPA Site Code 004023). Conditions recommended. • Planner’s report outlines the proposal and its background and refers to the Senior Planner for recommendation. • Senior Planner Planning Policy. While there is no specific policy relevant to the development, the thrust of S8.14.3 (which relates to the relocation of redundant facilities rather than the current circumstances) and normal proper planning considerations would be that community facilities would be within / adjacent settlements. Notably the existing facility is in a rural area c 2km north of Ballymacoda. Hou 14-3 states that the recreation and amenity policy to ensure that all developments make adequate provision for community recreational and amenity facilities that are located where they can best meet the needs of the entire community that the facility is intended to serve. Having regard to the central location of the site within the catchment the proposal accords with policy HOU 14-3 and accords in overall terms with the provisions of the County Development Plan. • Senior Planner’s report asserts that the previous application refused by the Board, was unclear regarding rural location of the existing facility, rural based catchment of the club and lacked clarity in terms of the need for the new facility. The club is area based not settlement based and the proposed site is central to the catchment. Permission was recommended subject to conditions. PL04.243646 An Bord Pleanála Page 5 of 16 3.3 Decision 3.3.1 Cork County Council issued its notification to grant permission subject to 19 conditions which included the following of particular note. • Condition 2. Use of clean product for any infill / backfill. • Condition 13. Proposals for large event management to be agreed with the planning authority. Capping of attendances at the site for matches shall be no more than 540 persons. • Condition 14. Best practice in relation to invasive species. • Condition 17. No earth or construction materials to be stored within 20m of the land drain along the eastern boundary of the site. • Condition 18. Lighting to be directed and cowled so as not to cause glare or additional light spill to adjoining residential property. • Condition 19. A septic tank and soil polishing filter to be constructed in accordance with submitted details. 4.0 PLANNING HISTORY PL04.242277 Previous application for 2 GAA pitches, retractable netting, club building, hurling wall, road alignment car parking and site works. Refused by the Board in December 2013 for the following reason: “Having regard to the location of the existing Gaelic Athletic Association facilities in the vicinity of the site including the existing grounds at Aghavine / Ballymacoda and at Ladysbridge / Castlemartyr and to the general recreation and amenity policy relating to community facilities as set out in the Cork County Development Plan, 2009, which seeks to direct such facilities to locations close to the community served, the Board is not satisfied that the developer has demonstrated a requirement to locate the proposed facility in this rural area which is remote from any settlement and would detract from the amenities of the area. The proposed development would therefore by contrary to the development plan policies in relation to the location of community facilities and would PL04.243646 An Bord Pleanála Page 6 of 16 be contrary to the proper planning and sustainable development of the area.” 5.0 GROUNDS OF APPEAL 5.1 The first third Party Appeal is submitted by Margaret McCarthy, a local resident. Grounds of appeal are summarised as follows: • The decision to grant permission is contrary to the wishes of many local residents. • Proposal will undermine the financial viability of the Aghavine grounds. • Application is a repeat of that previously refused by An Bord Pleanála. • HOU 14-3 refers to Housing Policy and relates to the provision of recreation and amenity facilities for new housing developments. • Logical location for a new pitch is adjacent to the existing FON facility. • Board Inspector stated that the development is a material contravention of Policy INF 3-11. • Car Parking is inadequate and development will result in traffic hazard. • Condition 13 regarding capping of attendance is unenforceable and un- monitorable. • The use of second pitch for overflow car park is impractical. • No provision for cyclists and pedestrians.

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