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 .

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 / 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. • Application is deficient given the limited information provided as to nature of the proposed use. • Impact of lightspill. • Failure to demonstrate the appearance of catchfencing and management regime for retractable operation. • No security barrier proposed to prevent vehicles coming off the road and crashing into spectator enclosure. • Proposed development should be located in villages close to existing infrastructure and population so that they can be easily accessed and used.

PL04.243646 An Bord Pleanála Page 7 of 16 5.2 The second third party appeal is submitted by FON (Ballymacoda) Limited, operators of the existing facility at Aghavine which is currently base for Fr O Neill’s GAA club. Main grounds of appeal are summarised as follows: • Development is contrary to the proper planning and sustainable development of the area. • The application is contrary to the objectives and strategy vision and action plan for the GAA. • Objectors to the proposal should be given due consideration, • Current proposal only has minor amendments to the previous proposal refused by the Board. • Request that the Board overturn the decision of the planning authority.

5.3 The third third party appeal is submitted by Shamus McCarthy a nearby resident. Grounds of appeal are summarised as follows: • Questions whether objections were given due consideration. • No significant changes from the previous application. • Dangers caused on the road arising from parking on the public road, lack of pedestrian and cycle facilities. • Negative ecological impacts. • Impact on property and on the rural area. • The need for strong lighting in the future. • No details in relation to retractable netting. • Dispute the assertion that there is no land available adjacent to the existing facilities.

5.4 The fourth third party appeal is submitted by Tim O Connell and concerned residents c/o Pat O Keefe. The grounds of appeal are summarised as follows: • Facility is not required in the parish and existing facilities are adequate. • Location is unsuitable due to traffic implications. • Existing facility established 40 years ago as traditional GAA and sports facility and is adequate to cater for sporting requirements of the parish.

PL04.243646 An Bord Pleanála Page 8 of 16 • Condition 13 places a cap of 540 persons. Existing facility has records of major events with attendances of several thousand. • Proposed development has caused a deep rift in the parish and is not welcomed by the majority of residents. • It is more practical and logical to expand the Aghavine facility. Adjoining land suitable for such purpose is available, subject to negotiation.

5.5 The fifth third party appeal is submitted by Dr John Cooney and is summarised as follows: • Proposal is a duplication of facilities in rural area which can only be accessed by car. • Outstanding community debts in relation to the existing facility. • Catchment area / population which Fr O Neill’s GAA club serves is based around a number of townlands as well as two settlement areas that include both Ladysbridge and Ballymacoda. • Infrastructure to meet the needs of the proposed development will need to be constructed at high cost to the community and environment. A number of facilities are available in Ballymacoda and Ladysbridge. • Traffic and Transportation Assessment conclusions are based on a limited amount of data representing a snapshot for a short time period. • R633 is significant tourist route and is recommended as a car leisure drive and a cycle trail for cycle clubs. • The catchment area consists of classical mix of dispersed settlements, linear settlements and nuclear settlements and the proposal does not meet the objectives of the Cork County Development Plan which states that new development should be built next to a settlement.

6.0 Observers

6.1 An Taisce submission asserts that the location of the development in this rural area would fail to promote the development plan policy for location of such uses in industrial areas and would set an undesirable precedent

PL04.243646 An Bord Pleanála Page 9 of 16 for further such development in rural areas. The argument that the proposal serves a rural catchment and is central in relation to the community served is irrelevant and is not a material planning consideration. The local authority cannot ignore basic planning principles of good logical sequential development in order to facilitate a facility that is an unsuitable, unserviced, unzoned site. The site of the proposed development is within an isolated rural area. The proposed development by reason of its nature, scale and intensity, would be incompatible with the rural and open character of the area, and would seriously injure the amenities in the vicinity and would be contrary to the proper planning and sustainable development of the area.

6.2 Sharon Reynolds, supports the third party appeal of Shamus McCarthy. She notes that on recent visit to the location, 15 slow agricultural vehicles and trucks were observed on this section of road of which 11 were overtaken by multiple cars at one time. On the basis that this stretch of road is the only legal overtaking opportunity on this road and also given the coincidence of peak GAA season / peak agricultural season, there are concerns in respect of the traffic implications of the proposal for all users.

7.0 APPEAL RESPONSES

7.1 Planning Authority

7.1.1 Cork County Council did not respond to the appeal.

7.2 First Party Response to the Appeals

7.2.1 The submissions by Malachy Walsh and Partners Consulting Engineers on behalf of Fr O Neill’s GAA club are summarised as follows:

PL04.243646 An Bord Pleanála Page 10 of 16 • Ground ownership and control of the use of playing facilities is key to maintaining the club status, membership, playing strength and support and is a Goal advocated by the GAA. • Attached letters from the Munster GAA Council, the central Council of the GAA, Croke Park and the Cork County GAA board demonstrate solid support for the proposal. • Objectives of Fr O Neill’s club and the recreational requirements of the wider community differ significantly. • FON (Ballymacoda) Ltd operates the community facility and propose to develop additional facilities in within the grounds which will result in conflict of player spectator and community usage. • Current application is a new application providing a major change from the previous application. (Expected attendance 540 persons, incorporating 500 spectators and 140 players and officials) • Malachy Walsh and partners have carried out a detailed analysis and review of attendance at intermediate hurling and junior football games held over the last five years in East Cork. • Attendance was overstated in previous application. 400 persons is considered the upper limit. Capping is reasonable. • Use of facilities in Castlemartyr for training and games is not possible as Castlemartyr GAA is a distinct and separate GAA club. • As demonstrated on planning application drawing 15896-001/A the site is central to the clubs catchment area. Only 2 players on the current 35 member panel of the Intermediate Hurling Team live within the villages of Ladysbridge and Ballymacoda. • 10 metre high retractable fence is an increased safety feature. • Traffic and Transport assessment addresses all issues in relation to traffic. • Notably Aghavine is also a rural location with some of the same characteristics. • There is ample parking provision • Detailed ecological assessment by Patrick Smiddy addresses the importance of bats in biodiversity and conservation.

PL04.243646 An Bord Pleanála Page 11 of 16 • No floodlighting is proposed. Retractable fencing is solar powered. • Reasonable safety measures have been put in place. • The impact of the development on the rural area of Lisquinlan is positive. • Letter from David Keane Property Services, , outlines the extensive search for suitable lands including on property referred to within the third party appeal close to Ballymacoda Village. Lands at Lisquinlan are the most suitable viable and available lands. • Fr O Neill’s GAA club requests An Bord Pleanála to reject the third party appeals and grant permission for the development.

8.0 POLICY CONTEXT 8.1 DEVELOPMENT PLAN PROVISIONS

8.1.1 The site is governed by the policies and provisions contained in the Cork County Development Plan, 2009 and Midleton Electoral Area Local Area Plan 2011.

8.1.2 The site is within a rural area no subject to any specific designations.

8.1.3 Objective HOU 10-4 of the Cork County Development Plan 2009 encourages multi-use community facilities. Section 8.14. Open Space and Recreation outlines the Commitment to the provision of recreation and amenity facilities, including sports facilities. Reference is made to the Cork County Council Recreation and Amenity Policy 2006.

8.1.4 Policy Hou 14.4 Improvement of Facilities is the objective to improve the quality and capacity of existing recreation and amenity facilities. 8.1.5 INF 3-1 seeks to limit access to Regional Roads to protect carrying capacity.

8.1.6 INF 3-11 requirement for TTA and Road Safety Audit. 8.1.7 INF 3-15 sightline requirements.

PL04.243646 An Bord Pleanála Page 12 of 16 9.0 PLANNING ASSESSMENT

9.1 Having regard to the planning history on the site specifically the previous decision of the Board PL04.242277, which was for a largely equivalent development, I note that the key issue to be considered in this appeal relates to the question of whether the reason for refusal in the previous decision of the Board has been overcome. I note that the previous Board Inspector also recommended a refusal on the basis of her finding that the proposed development (in particular arising from necessary road mitigation measures to prevent overtaking on the R633), would militate against the optimum use of the regional road thereby conflicting with Development Plan Policy INF 3-11 which seeks to protect the carrying capacity of the Road Network. I note that traffic and parking matters are also raised in the third party appeals and I would be of the view that concerns in this regard are valid. The Board did not however include the recommended reason within their previous grounds for refusal.

9.2 The grounds for the Board’s refusal related to the issue of the principle of development as follows: “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 be contrary to the proper planning and sustainable development of the area.”

PL04.243646 An Bord Pleanála Page 13 of 16 9.3 The Planning Report by Malachy Walsh and Partners dated April 2014 outlines that Fr O Neill’s GAA club currently plays on the grounds at Aghavine, also a rural location, owned by FON (Father O Neill’s) Ballymacoda Ltd., a limited company which is an entirely separate entity from the Fr O Neill’s GAA club. The planned construction of a playground and other facilities at these grounds raises concerns for Fr O Neill’s GAA club in terms of operational and practical considerations. The GAA club therefore considers it imperative that the club purchase lands for playing pitches and ancillary use. The report asserts that the proposed development is suitable from a strategic viewpoint because it is near centrally located within the club catchment area and can be readily accessed from both Ladysbridge and Ballmacoda. It is on level ground with good drainage characteristics, can accommodate the facilities required, and provides a facility that will be owned by the club. Playing pitches at Castlemartyr GAA grounds is not possible as clubs are distinct entities serving different membership and catchment areas.

9.4 The first party justification for the proposed location is therefore on the basis that the location is central to the wider rural community served. The Local Authority accepted this argument and both Senior Planners’ reports refer to Policy Hou 14-3 which seeks 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.” The Local Authority’s analysis provides no evidence to support a case that a rural unserviced location could best serve the needs of the entire community the facility is intended to serve. The analysis furthermore fails to address the fundamental conflict with the central tenet of the Council’s settlement strategy which seeks generally to direct development to established towns and villages. No reference is made to the policies and objectives setting out the vision for the settlements of Ladysbridge and Ballymacoda as provided within the Midleton Electoral Area Local Area Plan 2011.

PL04.243646 An Bord Pleanála Page 14 of 16 9.5 I would tend to concur with the third party appellants and observers submissions which assert that a locational justification and evidence of consideration of alternatives has not been clearly demonstrated. The fact that the existing FON facility at Aghavine is also within a rural location in my view strengthens the argument in favour of promoting a village/ settlement or established location. Having regard to the rural, unserviced nature of the proposed location and the nature of the local road network, I would take the view that the proposal does not constitute a sustainable rural development. The proposed location is entirely car dependent and would not have the benefits which would accrue from a village location including facilitating sustainable forms of transport (cycling and walking), facilitating expanded or complementary facilities and supporting synergy with other commercial retail and service uses.

9.6 In my view the proposed development presents fundamental conflicts with the objectives of the development Plan and the Settlement Strategy for and would therefore be contrary to the proper planning and sustainable development of the area. The Boards previous reason for refusal has not been overcome.

9.7 As regards the issue of Appropriate Assessment, I would concur with the report of the previous reporting Inspector that the Board can be satisfied that the proposed development would not give rise to significant effects on the Ballymacoda (Clonpriest and Pilmore) SAC (Site Code 0077) or the Ballymacoda Bay SPA (Site Code 004023) having regard to their stated conservation objectives. Therefore the submission of a Natura Impact Statement under the Habitats Directive (92\43\EEC) is not warranted.

9.8 As regards the question raised by one appellant’s submission questioning a requirement for an Environmental Impact Assessment EIA, I consider that having regard to the nature and scale of the proposal, the

PL04.243646 An Bord Pleanála Page 15 of 16 location and the impacts which would be likely to arise, a sub threshold EIA is not warranted.

10.0 CONCLUSION AND RECOMMENDATION

10.1 Having considered the file and all submissions and having visited the site, I recommend that permission be refused for the following reasons and considerations.

REASONS AND CONSIDERATIONS

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 be contrary to the proper planning and sustainable development of the area.

Bríd Maxwell, Planning Inspector. 31st October 2014

PL04.243646 An Bord Pleanála Page 16 of 16