05. HA0009/KA0007 Donegal County Council
An Bord Pleanála
INSPECTOR’S REPORT
File reference : 05.HA0009/KA0007
DONEGAL COUNTY COUNCIL
PROPOSED DEVELOPMENT : N15/N13 Ballybofey Stranorlar Bypass
Dates of Site Inspection : 7,8 ,19 and 20th May, 2008, 9 th June, 2008.
Inspector : Vincent Hussey June, 2009
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TABLE OF CONTENTS
INTRODUCTION
COMPULSORY PURCHASE ORDER
STRATEGIC INFRASTRUCTURE APPLICATION
ENVIRONMENTAL IMPACT STATEMENT
PLANNING FRAMEWORK
ORAL HEARING
ASSESSMENT OF ISSUES
COSTS
RECOMMENDATION – CPO
RECOMMENDATION – PROPOSED ROAD DEVELOPMENT
APPENDICES
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INTRODUCTION
1.1 The proposal is for the construction of about 14.9 kilometres of the N15/N13 to bypass the twin towns of Ballybofey/Stranorlar. It includes the following key components.
Approximately 0.4km standard single carriageway on line improvement adjacent to Lough Mourne, followed by 14.2 km of Type 2 Dual Carriageway, followed by 0.3km wide single carriageway forming a 14.9 long southern bypass for the N13/N15, around the Twin Towns of Ballybofey and Stranorlar. Two grade separated junctions at Meencrumlin and Navenny. A major bridge crossing of the River Finn. An additional five road bridges at minor road crossings and two accommodation bridges. Two roundabout junctions, at the N15, east of Stranorlar and at the N13, at Kilcross. A 1.2 km reduced single carriageway link road (the Ballybofey Link Road) joining the proposed bypass to the existing N15 in Ballybofey at a new traffic signal junction. The Ballybofey Link Road includes a bridge crossing at the Burn Daurnett and traffic signal junctions with Creamery Road and Trusk Road.
Application was made to An Bord Pleanala by Donegal County Council for the approval of the proposed scheme by letter of 8 th January, 2008 and an Environmental Impact Statement with supporting documentation was submitted. An Application for Confirmation of a Compulsory Purchase Order was made on 10 th January, 2008.
COMPULSORY PURCHASE ORDER
The Compulsory Purchase Order was made on 11 th December, 2007 and is titled “Donegal County Council N15 Ballybofey/Stranorlar Bypass – Compulsory Purchase Order 2007.
The owners or reputed owners, lessees or reputed lessees, and the occupiers of the land are set out in Schedule Part 1.
Part 1 of the Schedule Part 11 describes the public rights-of-way proposed to be extinguished.
Documentation submitted with the CPO is as set out in the letter of Donegal County Council of 8th January, 2008, to An Bord Pleanala.
The land take, which is the subject of the CPO, is approximately 118 Ha.
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STRATEGIC INFRASTRUCTURE APPLICATION (N13/15 BALLYBOFEY/STRANORLAR BYPASS, COUNTY DONEGAL)
Donegal County Council lodged the application on 24th December, 2007. Further Information was received by An Bórd Pleánála on 28 th January, 2008.
ENVIRONMENTAL IMPACT STATEMENT
Contents
The Environmental Impact Statement, which is dated November, 2007 was submitted to the Board and is date stamped 24 th December, 2007. It is in four volumes as follows:
Non-Technical Summary Volume 1 Main Text Volume 2 Figures Volume 3 Appendices The conclusions from the Final Route Selection Report dated May, 2008 were compiled into Fig. 1 “Summary of Key Issues” table (Appendix 2.3, Volume 3, E.I.S.) which was used to rate each option. The Constraints Study Report, dated September, 2000 included details of the public consultation carried out in June, 2000.
Introduction
In Section 1.1, Chapter 1 of the main text, it is noted that all proposed works are based on preliminary design only and may be revised at the detailed design stage. It is stated that modifications may be made to improve the design provided this has no adverse environmental effect.
The proposal is a Strategic Infrastructure. Improvements to the route have included by-passes of the towns of Ballyshannon, Bundoran and Donegal. The traffic count surveys of July, 2006 are set out in Fig. 2.1. Volumes vary from 8,400 at the Lough Mourne end to a maximum of 16,900 in the centre of Ballybofey Reference is made to the NDP, NSS and Donegal County Development Plan. The introduction outlines the methodology used and the legal requirements for an EIS, as well as reference to the relevant sections of the Roads Acts.
Project Background
The EIS notes the inadequacies of the present route and notes that the development of the scheme has been carried out generally in accordance with the National Roads Project Management Guidelines (NRPMG).
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Alternative Routes
Four alternative route corridors were considered which led to the Corridor Selection Report of May, 2001. The Red Route despite having a major negative impact on landscape and aesthetics had the best overall rating. The blue and green routes were adjudged to be too close to the twin towns and therefore not strictly “bypass” routes.
Proposed Scheme
The proposed N13/N15 bypass scheme is a 14.9km Type 2 Dual Carriageway route, which stretches from Cashelnavean (west of Ballybofey) to Kilross (north of Stranorlar). There are four junctions along the proposed road, including two roundabouts at Stranorlar and Kilross and two grade separated junctions at Meencrumlin and Navenny. Four road closures are proposed (two public roads and two private access lanes) with alternative access provided or available in each case. These are located at chainage 2,900 Meencrumlin, chainage 4,850 at Goland, chainage 9050 McFeely's Brae, and at chainage 12,650 at Church Road.
The N13/N15 road project will require a total of approximately 118 hectares of land, 113 hectares being agricultural land, the remaining five hectares includes crossings of existing roads, existing houses included within the CPO and rivers. The scheme includes nine road bridges (seven public roads and two accommodation tracks), two river bridges(over the River Finn and Burn Daurnett), 1.1km single carriageway link road with three traffic signal junctions to connect the proposed bypass at Navenny with the centre of Ballybofey, two grade separated junctions and two roundabouts. In order to construct the road, two residential properties will need to be acquired. These are at chainage 6,200 and chainage 7,800.
Road type.
The cross section for Type 2 Dual Carriageway comprises the following: A 2.5m metre verge, 0.5m hard strip, 7m Dual Carriageway comprising two 3.5m traffic lanes, a 1.5m central median with barrier, 7m Dual Carriageway comprising two 3.5m traffic lanes, a 0.5m hard strip and a 2.5m verge. Speed limit will be 100Km per hour.
The route alignment.
Chapter 3 of the EIS includes a detailed description of the route alignment. The proposed road includes crossings of the River Finn and Burn Daurnett. There are also approximately 25 separate crossings of watercourses and drainage ditches. Details of these crossings are addressed in chapter 8, the Surface Water Quality and Drainage section of the EIS. Surface water runoff from the road drainage will discharge by drainage ponds into rivers, watercourses or drainage ditches. Sustainable Drainage Systems (SuDS) will be used wherever possible to minimise the environment impact of the road drainage system. SuDS mimics the processes that occur in nature and help both to minimize pollution and to attenuate stormwater
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runoff. Grassed channels known as 'swales' and retention ponds are SuDS components that are envisaged. Wherever the scheme is in cut, separate surface water channels and filter drains will be used, eventually discharging from the drainage ponds. Wherever an embankment is constructed with free-draining fill, drainage-over-embankment to grassed channels/swales will be used. Road runoff will travel along these channels, eventually discharging into drainage ponds. Where the alignment passes through an area prone to flooding or where the topography is not suitable for swales, surface water drainage channels will be used, eventually discharging into drainage ponds.
Within the proposals contained in the EIS, 17 drainage ponds are proposed along the main line of the proposed scheme (table 3.1 of the EIS) with two further ponds on the Link Road to treat the most polluted part of the surface water runoff from a storm overflow and attenuate the flows before discharging into the receiving watercourses.
Flooding of existing watercourses resulting from inflows of surface water will be prevented through attenuation - the relevant drainage ponds will be appropriately sized. The design of the road will take account of winter flooding. The proposed road will include suitably sized culverts to take account of areas of known, and, potential winter flooding of areas which are of a relatively lower topographical contour. Culverts will be installed and bridge spans will be sized so as not to restrict the surface flow of flood waters along the floodplains.
All existing land drains, streams and courses severed by the new road will either be culverted under the new road and/or associated Link Roads and side road realignments or will be incorporated into the new road drainage system. The new road drainage design will be designed to ensure that there will be no increased risk of flooding and that the current situation will not be made any worse. Maintenance of ponds will be carried out by Donegal County Council by gaining direct access either from side roads, accommodation roads or the proposed road. Pond areas will be fenced from adjoining land and will be appropriately planted and landscaped. As these drainage facilities mature they will offer the local environment both visual and ecological benefits. The proposed drainage regime has been designed in accordance with NRA DMRB requirements, Office of Public Works requirements and best practice.
Road Lighting
It is proposed that road lighting will be provided at:
* The two grade separated junctions at Meencrumlin and Navenny;
* The two proposed roundabouts at Stranorlar and Kilross; * Along the entire length of the Ballybofey Link Road and approaches to the proposed traffic signal junctions. No other areas of the scheme will be lit. The EIS details the traffic predictions and economic analysis. The EIS states that the displacement of up to 43% of traffic in the twin towns will have a benefit for the local economy.
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Noise pollution and pedestrian safety will improve. Current journey times between the two ends of the scheme will be reduced by 15-20 minutes at peak times.
3.6 Environmental Impact Assessment - Outline
The EIS outlines the scoping carried out and indicates the methodology used. The format of the EIS examines the impact on the various environmental areas and the mitigation proposed under each heading. These are as follows:
Chapter 4 Planning Chapter 5 Socio-Economic Chapter 6 Agricultural Land Chapter 7 Landscape and Aesthetics Chapter 8 Surface Water Quality and Drainage Chapter 9 Ecology (Flora, fauna and fisheries) Chapter 10 Architectural, Archaeological and Cultural Heritage. Chapter 11 Air Quality Chapter 12 Noise and Vibration Chapter 13 Land Use and Amenity Chapter 14 Geology and Hydrogeology Chapter 15 Inter-relationships and Schedule of commitments.
Chapter 4 PLANNING
It explains and cites relevant objectives and considers National, Regional and Local Planning contexts for the proposed by-pass. At national level, the proposed Bypass is in accordance with specific objectives within the National Development plan and the National Spatial Strategy. In addition it will contribute to achieving objectives within sustainable development strategies by reducing congestion and vehicle journey times. The N13/N15 Ballybofey/Stranorlar Bypass is also supported by the objectives of the Border, Midland and Western Operational Programme and the Regional Planning Guidelines for the Border Region.
The proposed By-pass is specifically in accordance with policies in the County Development Plan 2006-2012, relating to Transport and Communications, Policy TC2, Employment Generation and Enterprise Development Policy, EED2, and Tourism Policy, TU03, and will potentially facilitate the objectives of a number of other policies relating to tourism, business development and housing.
In relation to the Ballybofey Stranorlar Local Area Plan, the scheme is supported through a number of Traffic and Transport policies (T6-T9), which ensure land is preserved for or allowed for applications, which will be facilitated by the construction of the N13/N15 Ballybofey/Stranorlar By-pass. The Local Area Plan recognizes the potential for the By-pass to
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allow the Ballybofey/Stranorlar area to meet its retail potential and further expand community and recreational facilities.
The By-pass impacts on policies wishing to protect the natural landscape, architectural and archaeological features and these impacts are considered and assessed in the relevant chapters of the EIS.
The preliminary Design crosses the dismantled railway in a number of locations, which may result in adverse impacts in relation to Policy GCSR23 of the County Donegal Development Plan (CDDP) and Policy CIO16 of the Ballybofey Stranorlar Local Area Plan. The preliminary Design crosses a number of conifer and mixed woodlands, and hedgerows resulting in a minor impact on Policy BNH2 of the CDDP. The preliminary Design crosses the river Finn, a cSAC. The scale and impact depend on the construction methods and a mitigation strategy is imposed in order to comply with policies that seek to protect the river. It concludes that the proposed By- pass is in accordance with the strategic goals set within policy at national. Regional and local levels. The Preliminary Design is also indirectly in accordance with a number of unrelated policies, enabling and encouraging development such as housing and retail investment. At a local level, the N13/N15 Ballybofey/Stranorlar By-pass may adversely impact on a number of policies that afford protection to the natural and historic environment. Appropriate mitigation to protect these features is outlined in Chapter 7.0 Landscape and Aesthetics, Chapter 9.0 Ecology (Flora, fauna and fisheries) and Chapter 10 Architectural, Archaeological and Cultural Heritage.
Socio-Economic This section first outlines the methodology used and gives details of a retail survey carried out in 2002. It focused on the proportion of passing customers by sector, as a% of total customer base (Table 5.6 EIS). It found that the four petrol filling stations and accommodation providers were the most dependant upon passing customers. The population of Ballybofey/Stranorlar increased to 4176 in 2006 (CSO Census of Population). The town population has grown by 18.2% in the period 1996-2002 and by 15.9% in the 2002- 2006 period. This exceeds the 8% National growth rates of 1996-2002 and 2002-2006. The Twin Towns have been identified as sub gateway level towns in the settlement hierarchy in the Donegal County Development Plan 92006-2012). Their primary function is as a market town with a strong retailing function focused on McElhinney’s Department Store.
Socio-Economic Assessment
Ballybofey and Stranorlar are located on the N13/N15 National Primary routes. This has significant implications in terms of traffic problems with congestion, traffic in shopping districts and possibly residential areas, increased road accidents, noise and air pollution. The By-pass will address these problems and make the study area a safer, quieter, cleaner and more attractive place to live, work and visit.
The global beneficial impacts and associated long-term growth prospects are likely to outweigh the possible initial fall in business predicted by operators known to be vulnerable to a reduction in passing traffic. Although negative impacts in particular cases cannot be excluded, evidence
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from the post by-pass situation in other towns, suggests that the introduction of a by-pass has almost always benefited trade by enhancing ease of access and improving local environment.
Without the construction of the Preliminary Design, traffic using the existing N13/N15 will continue to increase. As a result, residences in close proximity will suffer a continued reduction in residential amenity. Linked with the increase in traffic there will be an increased risk of accidents and congestion will also increase. In addition, the lack of proper infrastructure could curtail development within the Twin Towns and throughout Donegal. The EIS further concluded that the proposed by-pass will not significantly affect any community facilities other than by increasing journey distances and times due to local road closures.
Agricultural Land
The EIS states that County Donegal has a total usable agricultural area of 230,610Ha (5.2% of the National Total). The proposed by-pass will result in the removal of approximately 113Ha from agricultural production. The land affected is of a moderate to poor agricultural range and usage. The main enterprise affected will be livestock based. Dry-stock enterprises (e.g. beef and sheep) are the predominant enterprises found along the Preliminary Design. These are generally less severely impacted than dairy farms where livestock are moved on a twice-daily basis. In all cases mitigation measures will be implemented, which will reduce the impact.
Overall, with mitigation for severance (i.e. access provided to severed areas or replacement of affected access points or gates), the construction of the proposed by-pass will result in a severe adverse impact at 2 farms (where the farm enterprise cannot be continued as a result of the preliminary Design), major adverse impacts at 13 farms (where management or operational change will be required), moderate adverse impacts at 26 farms (where the farm enterprise will experience some management or operational difficulties), and minor adverse impacts at 11 farms (where the farm will experience inconvenience such as loss of land on its boundary). There are three farms, which would not have a significant degree of impact. This assessment has been based on land take, level of severance and impact on farm handling facilities, taking into consideration the type of enterprise and farm size. Temporary impacts will also occur as a result of disruption.
Landscape and Aesthetics
The EIS states that the methods of landscape assessment are based on those described in the Design Manual for Roads and Bridges (DMRB) Volume 11, Section 3, Part 5: Landscape Effects (1993 plus addendums).
Further guidance has also been drawn from the Institute of Environmental Management and Assessment and the Landscape Institute publication entitled “Guidelines for Landscape and Visual Impact Assessment” (IEMA/LI 2002). The mitigation proposals within the EIS were prepared with reference to “A Guide to Landscape Treatments for National Road Schemes in Ireland” (National Roads Authority, 2006).
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Assessment of effects Design Appraisal and Mitigation Proposals.
The EIS then continued: The Preliminary Design will run through landscape areas characterised by scattered settlements and narrow lanes. Whilst only a small section of the Preliminary Design is within the Lough Mourne landscape character area, which is of highest landscape quality, the remainder of the Preliminary Design is assessed as being of Ordinary, Good and Very Attractive landscape quality. The area is not without appeal with a prominent setting afforded by several distant hill formations, and as such local people value it for these characteristics.
The Preliminary Design will introduce a new scale of road within a hitherto rural landscape setting. The degree of landscape impact varies along the length of the Preliminary Design ranging from Slight Adverse on the Croaghonagh Coniferous Woodlands character area to Large Adverse on some Good Quality landscape areas. It will, however, improve the general environmental quality of the urban areas of Ballybofey / Stranorlar by reducing traffic volumes passing through the Twin Towns. The Preliminary Design is the result of an iterative design process that has sought to define an alignment that minimises its potential environmental impact, There are, however, inevitable adverse effects upon a number of environmental disciplines, including landscape. Further consideration of ways in which to minimise the adverse landscape impact of the scheme will be given additional attention at Detail Design stage.
The Preliminary Design is assessed to have its greatest landscape impact where it passes through areas in deep cutting or on high embankment through areas of Good landscape. Such sections occur where the Preliminary Design will include a major cutting through a prominent hillside above the Finn Valley, where the Preliminary Design will cross the floodplain of the River Finn on high embankment and at Mullaghagarry-Kilross where the Preliminary Design is a deep cutting through a prominent ridge line.
The Preliminary Design is also adjudged as having its highest levels of adverse visual impact within views from viewpoints that are closest to its proposed route and where the viewpoint is from an elevated position, relative to a section of the Preliminary Design that is on high embankment or in deep cutting. In some instances the Preliminary Design will also impact upon some outstanding views from a number of residential properties. It will also have a moderate adverse impact upon the night-time landscape within the Lough Mourne, the Croaghonagh Coniferous Woodlands, the River Finn floodplain and parts of the farmed agricultural landscape surrounding Stranorlar / Ballbofey, where it would introduce a new and more extensive source of light within largely dark areas.
The Preliminary Design will have a residual adverse effect upon local landscape character and upon a number of local views. This would be partially mitigated by new planting and seeding works. Appendix 7.1 sets out a summary of the Landscape Evaluation. Appendix 7.2 sets out a summary of Impact Assessment. Appendix 7.3 sets out a summary of Visibility Schedules
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Surface Water and Drainage
Introduction and Methodology
Chapter 8 of the EIS discusses the implications of the Preliminary Design for the N13/N15 Ballybofey/Stranorlar By-pass on surface water and drainage. Water bodies affected are identified and the potential impacts arising from the construction and operation of the Preliminary Design are examined. Sensitive water bodies include the River Finn, Lough Mourne and Burn Daurnett.
The assessment has been based on a review of available water quality data from reports produced by the Environmental Protection Agency (EPA) (2002,2004 & 2006), in addition to monitoring data provided by Donegal County Council (DCC). This data was also supplemented by sampling undertaken in 2002 and 2003.
Hydrological and hydraulic studies undertaken on the River Finn are included in the Flood Estimation Handbook because it is a tributary of the Foyle, which crosses to Northern Ireland.
A hydraulic model has been created to simulate the effects of the proposed River Finn and Burn Daurnett crossings using Mike11 software developed by the Danish Hydraulics Institute. Ten models were also created to determine the culvert sizes required to avoid flooding upstream of smaller stream crossings, using HECRAS software developed by the Hydrologic Engineering Centre of the US Army Corps of Engineers.
The significance of the effect of the Preliminary Design on water quality, hydrology and drainage depends on the sensitivity of the affected receptor and the magnitude of the potential impact. The assessment has been undertaken based on general criteria set out in the EPA Advice Notes on Current Practice (EPA 2003), and as advocated in the NRA Environmental Impact Assessment of National Road Schemes – A Practical Guide (2005).
Flood Risk Standards The Office of Public Works (OPW) has produced guidelines on applications for consent for bridges and culverts. They include the following summarized assessment criteria: Bridges and culverts should be designed to the 1-in-100 year flood for urban areas or where developments (existing, proposed or expected) are involved. Bridge design must include a freeboard allowance of at least 0.3m between the bridge soffit and design flood level. The structure should not significantly increase the risk of upstream/downstream flooding over the entire flow range. The above criteria have been used in interpreting the flood risk aspect of the significance criteria, e.g. the effect on flood risk on the River Finn floodplain has been assessed using the 1-in-100 year flood event.
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Surface Water Quality and Drainage
There are sensitive surface waterbodies close to the scheme (including the River Finn, Lough Mourne and Burn Daurnett).
With the exception of a small section where filter drains adjacent to Lough Mourne provide preliminary treatment, no mechanisms to treat highway drainage are present on the existing N13/N15. It is expected that the decrease in vehicle usage (and therefore potential for pollution arising from highway drainage) along the existing road will have an overall localised slight beneficial impact on water quality. As the River Finn is identified as being of high ecological importance / sensitivity, the localised beneficial impact will be of greater significance. Similarly, the water quality of road runoff entering the eastern part of Lough Mourne will also be improved, although the baseline water quality of the Lough is not expected to change significantly. Culverts will be provided to ensure that the flow of surfacewater is not impeded by the Preliminary Design, whilst minimising the changes to natural stream conditions. Stream diversions will be designed to tie in to the existing channel and, where necessary, some rock or other erosion protection will be provided to minimise erosion at these outlets. The Preliminary Design drainage measures, including a combination of swales (shallow grassed channels), filter drains and drainage ponds, will serve both to limit the runoff from the road to existing flow rates and to provide some treatment of the road runoff. There is considered to be an acceptably low risk of pollution of underlying aquifers associated with these means of drainage. Where the provision of drainage ponds is not practicable, surface water runoff from the Preliminary Design will flow through petrol interceptors prior to discharge to receiving watercourses.
Potential impacts on the flood regime from the Preliminary Design have been assessed for the 1- in-100 year design event using a hydraulic model. The results indicate that the Preliminary Design would result in a slight adverse impact on local flood levels on a relatively wide area of the floodplain of the River Finn downstream of Ballybofey. A maximum flood level increase of approximately 4cm is predicted to occur immediately upstream of the Finn crossing. There will however be a slight beneficial impact on a small area of the northern floodplain downstream of the River Finn crossing, where maximum level decreases of approximately 2cm have been predicted. The model shows that the Preliminary Design will have a slight adverse impact on local flood levels on the Burn Daurnett floodplain upstream of the Link Road crossing. Maximum level increases of approximately 9cm have been predicted immediately upstream of the Burn Daurnett crossing. Slight adverse effects have also been predicted on several small tributaries of the Burn Daurnett and an unnamed tributary of the Finn at Treanamullin, by marginal localised increases in flow rate (but no appreciable effect on the extent of flooding).
In the main, land experiencing a slight increase in floodplain area is used for agriculture. A small residential estate in Navenny will also experience slight increases in floodplain area, although the flood water level will not impact on any houses. By providing large waterway areas for bridges crossing these rivers the proposed increases in flood level have been kept to a practical minimum.
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Localised increases in flow rates in several small watercourses as a result of the proposed road have been kept to a practical minimum by including attenuation measures and additional culverts where appropriate.
A moderate adverse impact on one area of undesignated bog, which will be crossed by the Preliminary Design (between Ch 1400 and 2100) has been identified. Mitigation measures to minimise disruption to existing surface and groundwater drainage patterns will be implemented to reduce this impact.
Any impacts on watercourses during construction will be temporary. Due to the sensitivity of the River Finn, any water quality impacts during construction on this watercourse would be a potentially significant adverse impact. There is potential for cumulative effects on the water quality of Lough Mourne resulting in a moderately adverse impact, if there are overlapping construction periods of the Preliminary Design and the Lough Mourne Impoundment scheme (Donegal County Council scheme to raise the water level of the Lough). Potential impacts on the Burn Daurnett will also be moderate during construction. Mitigation measures and good working practices will minimise the potential for pollution incidents during construction. Fig. 8.2 shows the River Finn and floodplain indicative 1in 100 year flooding.
Ecology (Flora, fauna, and fisheries) The EIS was prepared in accordance with the relevant Environment Protection Agency and National Road Authority Guidelines. The assessment focused on designated sites, habitats listed in Annex I of the Habitat Directive (92/42/EEC), other key areas that do not have a conservation designation, and rare or protected plant or animal species listed in Annex II or IV of the EU Habitats Directive, Annex I of the EU Birds Directive (79/409/EEC) in the Flora Protection Order 1999, The Wildlife Act 1976 and the Wildlife Amendment Act 2000.
Habitats along the route were surveyed in August, 2002 and re-surveyed in October, 2006. A Tree survey was carried out in August 2003. Specific species were sought out e.g. bats, otters, pine marten, badger, deer, fritillary butterfly, globe flower etc. Consultation took place with the National Parks and Wildlife Service in relation to designated areas, records of rare plants and any species listed for protection under Annex II of the EU Habitats Directive or Annex I of The Birds Directive.
Consultation also took place with the Loughs Agency of Northern Ireland in relation to water courses.
The EIS describes designated sites, ecological sites, other Habitats, as well as Flora and Fauna along the route. Water Quality and recent trends in Water Quality are assessed. Impacts are assessed and set out in Table 9.11. There are no direct impacts on 5 Designated sites. Eight Ecological sites are assessed as being subject to Major negative impacts. The remaining three sites have a moderately negative level of impact. The level of impact on the River Finn and SAC at chainage 11,300 is assessed as Moderate.
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The EIS concluded: There is a high diversity of habitats in the area including a number of semi- natural grassland types. These include wet grassland, dry-humid acid grassland and neutral grassland, which often grade into one another. Improved grassland is very often rush-dominated due to the high water table and in some cases it is reverting to wet grassland, although this is not characteristically species-rich. The peat substrate that underlies much of the study area creates acidic conditions and, wet grassland can also be found grading into upland and lowland blanket bog.
Woodlands consist mainly of conifer plantations, with a low diversity of associated species. However, there are also a number of semi-natural woodlands and some areas of scrub.
There are three designated areas, including one candidate Special Areas of Conservation (cSAC) and two Natural Heritage Areas (NHA), within 0.5km of the Preliminary Design. Two other cSAC’s are located 4km from the Preliminary Design. Of key interest is the River Finn, which is crossed by the Preliminary Design. This River is a cSAC designated for its blanket bog, lowland lakes, wet heath and on account of its international importance for salmon and otter. The River Finn additionally contains a number of aquatic species, which are protected. Potentially, the most significant impact of the Preliminary Design will be the crossing of the River Finn, a cSAC. The scale of impact on this site is dependent on the precise method of construction, the care taken during the construction phase, and the measures employed to reduce the risk of pollution during the operational phase. The Preliminary bridge design for the Finn crossing has no piers in-stream and retains the existing banks intact. This river is an internationally important watercourse, and the impacts arising from the construction and operation phase have been assessed as moderate. However, with adequate mitigation these impacts will be temporary. A total of eleven other sites of ecological value have been identified along the Preliminary Design, nine of which are rated as being of high local importance. The scale of impact on seven of these sites will constitute a major negative impact. Within the Compulsory Purchase Order (CPO) boundary there may be scope to reduce the potential impact on some sites through minor alignment refinements at the detailed design stage. Appropriate and adequate landscape design will serve to compensate over time for loss of habitat, connect severed areas and offer opportunities for habitat creation.
Impacts on mammals and birds will directly occur through habitat loss and disturbance during construction, as well as through increased risks associated with crossing the Preliminary Design. Provision for the passage of mammals through sensitive culvert design, dedicated underpasses, and appropriate fencing and signage will reduce road casualties.
The ecological value of the various minor watercourse crossed by the Preliminary Design will be maintained through sensitive culvert design, construction timing and methodologies, landscape design and pollution control measures.
The assessment of the impact of the Preliminary Design on the architectural archaeological and cultural heritage has been based on a review of available information and field inspection. The effects have been considered within three main sections: archaeological heritage sub-divided into recorded archaeological monuments (RMP) and areas of archaeological potential (AAP);
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architectural heritage, including features of industrial heritage significance (AH); and cultural heritage (CH).
The landscape through which the Preliminary Design traverses contains sites dating from the Neolithic through to the late industrial period. A field inspection along the corridor of the Preliminary Design has confirmed the location of four archaeological monuments within 350m of the Preliminary Design, RMP 1 (possible standing stone), RMP 2 (enclosure, possible cashel), RMP 3 (Megalithic tomb and standing stone site) and RMP 4 (enclosure site).
RMP 2 lies to the south of the Preliminary Design and there will be a slight impact on this RMP. The area of the Preliminary Design that will travel closest to this site will be subject to archaeological test trenching in order to determine whether archaeological features are present in the area. The Preliminary Design will have an imperceptible impact on RMP 1, RMP 3 and RMP 4 and no further mitigation measures are therefore required.
A further 38 AAP were identified through aerial photography, cartographic analysis and field assessment and 29 of these will be adversely affected by the construction of the Preliminary Design, whilst 9 of the sites will only be imperceptibly impacted upon. Mitigation measures recommended for these sites include archaeological test trenching, geophysical survey, topographic survey, written and photographic records and further walkover surveys.
A total of eight AH sites will be adversely affected by the Preliminary Design, including two 18th Century houses (AH 8 Edenmore House and AH 9 Tircallan House). It is recommended that a written and photographic record be made of those parts of the grounds of Edenmore and Tircallan Houses that will be affected. It has also been recommended that written and photographic records are made of the five other AH sites (AH 1 Disused railway line, AH 3 vernacular architecture, AH 5 vernacular architecture, AH 7 possible vernacular architecture site) and a programme of testing trenching is recommended at AH 6 (millpond).
Air Quality
The existing air quality is generally good in the area of study. Levels of PM10 approach and frequently exceed the Air Quality Standards Regulations (AQSR) Limit Values for 2010 throughout Ireland. The concentration of other pollutants such as nitrogen dioxide, carbon monoxide and benzene are well below the AQSR limits for 2010.
Construction activities such as earth moving, excavation and traffic movement generate dust, particularly during dry periods. Properties within 50m of the construction area may be adversely affected, although any impact is likely to be minor. The number of properties predicted to be adversely affected is twenty. The impact can be minimised with the implementation of an effective Environmental Operating Plan. There will be negligible impacts on air quality due to exhaust emissions from heavy commercial vehicles associated with construction activities.
For the operational phase a comparative assessment of the existing route and Preliminary Design was undertaken. This evaluated the overall change in exposure of properties as a consequence of the Preliminary Design. It was concluded that there would be an overall reduction in the exposure to pollutants. Over 95% of the properties affected will experience a benefit. 05.HA0009/KA0007 An Bord Pleanálá Page 15
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Fourteen properties were identified as representing those that are likely to be most affected by the Preliminary Design. Pollutant concentrations were determined for these properties in 2006, 2011 and 2026, for the Do Minimum and Do Something scenarios. The change in pollutant concentration with the Preliminary Design was evaluated.
With respect to existing roads, receptors along the Main Streets in Ballybofey and Stranorlar would experience a substantial benefit with respect to reduction in PM10 concentration and a slight benefit with respect to NO2 concentration. An estimated 100 properties would experience this benefit.
The property closest to the existing road at Meencrumlin, is predicted to experience a moderate beneficial impact with respect to NO2 concentrations. All other properties assessed along the existing route are predicted to experience a slight beneficial impact.
For the Preliminary Design all receptors were assessed as subject to a slight or negligible adverse impact, with the exception of approximately twenty-one properties. These twenty-one properties were predicted to experience a moderate adverse impact with respect to NO2. These were: ten properties in the new Lawnsdale development at Navenny, nine properties nearest the Ballybofey Link Road, a property near the Preliminary Design at Edenmore (Ch 10600) and a property at Carrickmagrath (Ch 7300). The predicted NO2 at properties likely to experience a moderate adverse impact is within the AQSR.
The impact at a national / international level was assessed by determining the total emissions of pollutants for the existing route and Preliminary Design. This assessment showed an increase in emissions of carbon, nitrogen oxides and PM10 of 17%, 27% and 42% respectively as a consequence of the Preliminary Design in 2026.
The River Finn is a cSAC. The AQSR limit value for adverse impact on vegetation is reached at a distance of about 15m from the centre of the road in 2011 within this designated site. This affects a relatively small stretch of the river, about 30m. The dry deposition of nitrogen is well below published critical load criteria for habitats.
Noise and Vibration
Baseline noise surveys carried out for the Preliminary Design indicate that existing noise levels along the N13/N15 are typical of a rural/ urban environment.
A noise assessment has been undertaken to study the potential haul road traffic noise impact associated with the earthworks operations. The assessment results indicate that all predicted noise levels would comply with the noise limits set out within the NRA Guidelines and there would be no significant noise impact.
Noise levels have been calculated at receiver locations along the existing N13/N15 corridor and along the Preliminary Design. Calculations have been carried out for the years 2006 (in order to calibrate the noise model), 2011 and 2026 for both the Do-Minimum and Do-Something scenarios (the latter with and without mitigation included in the model). 05.HA0009/KA0007 An Bord Pleanálá Page 16
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The 2026 Do-Minimum noise levels in the study area are predicted to be slightly greater than in 2011 due to traffic growth, leading to an increase in traffic noise levels of approximately 1.0 dB.
Under the Do-Something scenario, noise levels at sensitive receiver locations (e.g. Sessiagh O’Neill, Goland, Edenmore and Mullandrait) where the Preliminary Design would be introduced, are expected to increase by more than 15 dB Lden at 100 receiver locations during the years 2011 and 2026. However, noise levels along the existing N13/N15 corridor will fall by 3dB at 214 receiver locations (i.e. 85% of receivers) during 2011 and 2026 relative to the Do- Minimum scenario. Overall, the range of traffic noise levels in the Do-Minimum Bypass scenario along the existing corridor in 2011 and 2026 were predicted to be 43 – 77 dB and 44 – 78 dB Lden respectively. Under the Do-Something scenario these ranges are predicted to fall to 42 – 73 dB and 42 – 74 dB Lden during 2011 and 2026 respectively. This represents a net beneficial noise impact for receivers along the existing corridor.
The analysis has identified a total of 36 receivers along the Preliminary Design in 2026 that would experience noise levels in excess of the NRA Guidelines design goal of 60dB Lden and satisfy the associated test conditions for mitigation. The use of noise barriers or alternative mitigation measures adjacent to these receivers along the length of the proposed road would reduce noise levels to below the design goal. These mitigation measures will be developed further at the detailed design stage.
The Preliminary Design will reduce the levels of vibration experienced by dwellings adjacent to existing roads, and is not expected to have any adverse impact on dwellings located close to the Preliminary Design.
Land Use and Amenities
Land use affected by the Preliminary Design is mainly agricultural. The Preliminary Design will result in properties at Ch 6200 and Ch 7800 being acquired as part of the Compulsory Purchase Order resulting in profound adverse impacts. The Preliminary Design will have a slight adverse impact on the dismantled railway line, with approximately 2655m directly impacted upon, sections affected by severance, and areas where the route crosses the dismantled railway. This feature has been identified for possible future development as a recreational facility in the Ballybofey/Stranorlar Local Area Plan 2004-2010.
Geology and Hydrogeology
The Preliminary Design will require the construction of a number of cuttings and embankments, which will result in an impact on the geology and hydrogeology of the area. Minimisation of these impacts has been considered in the preparation of the Preliminary Design.
There will be localised disturbance of the subsoils and geology along the Preliminary Design, although no areas of particular geological significance have been identified. Overall the impact on the geology of the area is considered to be Slight Negative. Following mitigation the impact is considered to remain as Slight Negative.
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Localised impacts on groundwater levels may occur adjacent to road cuttings. There is also an increased potential for contamination of groundwater from road runoff but this will be substantially mitigated by the use of drainage pollution control measures. Although the vulnerability of groundwater along the route is classified as ‘High’ and ‘Extreme’, the aquifers themselves are classified as ‘Poor’ or ‘Locally Important’. Groundwater is not widely used for water supply in the area and the area is not considered sensitive from a groundwater viewpoint.
A review of well supply sources and field survey has identified a single private water supply in the vicinity of the Preliminary Design. No public or group groundwater supplies have been identified in the vicinity of the Preliminary Design. Close monitoring of the private water supply is proposed and where an impact is predicted modifications to the sources or augmentation with alternative supplies will be necessary.
Conservation sites reliant on groundwater have been identified and assessed in the vicinity of the Preliminary Design. No impact on any designated conservation site is foreseen.
The Preliminary design passes through one upland bog. Drainage will be maintained beneath the road by the placement of rock fill. Areas of identified wet grassland may be adversely affected along the Preliminary Design. Consideration will be given to maintaining the local drainage in these areas at the detailed design stage. Overall, the impact on the hydrogeology of the area is considered to be moderate negative. Following mitigation the impact is considered to remain as moderate negative.
At the detailed design stage, further studies will be undertaken and mitigation measures developed within the Environmental Operating Plan (EOP). The EOP will be prepared by the Contractor, prior to construction commencing. The further investigations will comprise groundwater monitoring, visiting and sampling private wells at potential risk and regular review of data.
Inter-relationships
Various aspects of the Preliminary Design can have different effects on a number of environmental subject areas. In addition mitigation to ameliorate an impact in one environmental area can have a knock on beneficial or detrimental effect on another subject area. The consideration of interactions/inter-relationships between subject areas provides an opportunity to consider the overall impact of the scheme. These potential effects have therefore been taken into consideration in the assessment of the Preliminary Design.
Potential indirect (or secondary effects) and cumulative impacts have been identified as a result of other development proposals or possible future opportunities for development in the area surrounding the Preliminary Design. These include:
· Lough Mourne Dam proposal to increase capacity of the existing reservoir, · Potential future development of the dismantled railway as a recreational facility, · Proposed Sports Campus.
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It is recommended that an Environmental Operating Plan (EOP) be adopted by contractors working on all National Roads Authority road schemes.
A Schedule of Commitments is set out in Table 15.2 pages 15.4 to 15-18 Volume 1 EIS.
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REPORT ON ORAL HEARING The Oral Hearing was held in Jackson’s Hotel, Ballybofey, Co. Donegal.
Day 1 20 th May, 2008 The Hearing opened at 11.30 a.m. on Tuesday 20 th May, 2008. After some preliminary comments the Inspector pointed out that a problem had arisen. Article 76 of the Planning and Development Regulations 2006 requires that the Board "shall make available for inspection at it's offices and at the offices of the Local Authority or Planning Authority, as appropriate, a copy of any correspondence documents, particulars or other information received from any relevant person in accordance with the provisions of the act or these regulations for a period commencing not later than seven days before the commencement of the Oral Hearing.” The Board had, inadvertently, failed to comply with this requirement. Mr. Rea then objected to the suitability of the Inspector as he had acted for Kilkenny County Council in regard to the assessment of compensation on foot of a CPO that had been confirmed for the N8/M8. He asked that a different inspector be appointed for the next session of the Oral Hearing. Mr. Sweetman requested that a representative of the parks and Wildlife Service attend the resumed Oral Hearing. Two submissions from the McFeely Brae group were not on display and this was pointed out by Ms O’Grady, Solicitor. Mr. Sweetman requested that his and the expenses of all those in attendance be paid by the Board for today as this was a Strategic Infrastructure Act Application. The Inspector advised him to make written application to the Board as soon as possible.
The Hearing then adjourned until 10 th . June, 2008.
The Hearing re-opened at 11.30a.m. on the 10 th June, 2008. Appearances were taken from the Local Authority and others present.
5.1 Local Authority’s Case
Mr. Dermot Flanagan, Senior Counsel for Donegal County Council, instructed by Paddy McMullin of V.P. McMullin & Co. Solicitors appeared for Donegal County Council who set out the case for the proposed road scheme. He indicated that the case would be set out by a panel of experts. Mr. Tim Patterson and Mr. Mick Farey. will be presenting a joint statement of evidence of the scheme and describing the scheme; followed by Margaret Grant who will deal with noise and vibration issues; followed by Bridget Ginnity dealing with air and climate issues; followed by Nicholas Skelton dealing with socio-economic issues; followed by Neil Evans dealing with surface water and related issues, followed by Paul Thompson dealing with geology and hydro geology, ground water and related issues; followed by Mr. Matthew Hague dealing with ecology and related issues; followed by Ms Faith Bailey dealing with cultural heritage, archaeology and architecture; followed by Mr. Dennis Kelly in relation to the planning matters; followed by Mr. Paul Hopper dealing with the landscape and visual issues, and finally Mr. John Bligh dealing with agriculture and related issues.
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5.1.1 Evidence of Mr. Mick Farey given jointly with that of Mr. Tim Paterson (Transcript Day 2 Pages 18-64)
The evidence was supported by reference to a power point presentation on a screen. Mr. Farey said that he was the project director on behalf of Hyder Consulting U.K. He outlined the need for the scheme and the scheme location.
“The proposed N13/N15 Ballybofey/Stranorlar Bypass Scheme is a 14.9km route in County Donegal, which stretches from Cashelnavean (west of the Twin Towns of Ballybofey and Stranorlar) to the N13 at Kilross (north east of the towns). The proposed road is a Type 2 Dual Carriageway.
In addition to the dual carriageway section, it is also proposed to provide a 1.1km long single carriageway link road to connect with the proposed bypass at Navenny with Ballybofey at a point 0.5km west of its centre.
He then went on to describe the existing conditions The existing N15 and N13 roads between Cashelnavean (adjacent to Lough Mourne) and Kilross are both single carriageway roads with hard shoulders provided along some short sections of the route. The existing carriageway is approximately 7m wide where hard shoulders are not provided.
From the west, the existing N15 follows an easterly direction towards Ballybofey. The existing horizontal and vertical alignments are poor with several sharp bends, poor forward visibility and little overtaking opportunity. The section of the N15 between Meencrumlin and Stranorlar Hospital has a poor accident record with four fatal, six serious and 36 minor accidents recorded between the years of 1996 and 2004.
As the N15 passes through the twin towns, traffic speeds are reduced considerably as a result of existing town centre development. In summary, within the Twin Towns there are 49 priority junction and major accesses, including a junction with the R252, to Glenties, sections of on street parking, factory accesses, a church access, shopping centre access and car parks, service deliveries and many private drives. The N13 joins the N15 at a priority junction in Stranorlar town centre before following an alignment north eastwards towards Letterkenny, while the N15 continues on an easterly alignment towards Lifford. On the N13 within the confines, between the 50 and 60km speed limit of Stranorlar there are six priority junctions, warehouse and major retail businesses and approximately 30 residential properties fronting the road.
The N13 continues on an alignment through residential areas north-east of Stranorlar until its junction with the Regional Road to Raphoe (R236) at Kilross. At this priority junction the N13 makes a left turn before heading north eastwards to Letterkenny.”
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He stated that congestion is a serious problem in the town throughout the year. Local and through traffic are frustrated by long journey times of over half an hour at peak summer times for the two kilometer journey through the town. He added that “road safety on both the existing N13 and N15 through the town is significantly compromised by the roads poor horizontal and vertical alignments, varying cross section, inferior road surface and the large number of private access and road junctions”.
“By removing through traffic from the existing roads, the proposed roads will significantly improve conditions within the town for several reasons. Journey time for through traffic and local residents alike will be significantly reduced. Road safety for the national road users will be significantly improved by providing improved horizontal and vertical alignments, improved overtaking opportunity and reduction in vehicular conflict at junctions and accesses. Conditions for pedestrians within the town centres will be improved by the removal of a high volume of traffic through the town and there will be a general improvement to the environment of the town centre by the significant reduction in traffic, noise and nuisance associated with the high existing traffic volumes through the town”. He went on to discuss existing traffic volumes and journey times. The existing road network in the area comprises two primary roads, the N13 that links Ballybofey and Stranorlar withe Letterkenny to the north and the N15 that links the Twin Towns to Lifford to the east and Donegal town to the west; two regional roads, the R252 to Glenties to the west of the towns and the R236 to Raphoe to the north east of the towns; and the network of local roads linking the rural communities surrounding the Twin Towns. The N13/N15 roads both provide key links between the road networks of Northern Ireland and the Republic. The N15 east of Stranorlar leads to Strabane and Derry/Omagh while the N13 leads to Letterkenny and then on to Derry, these key links between the north and south are becoming increasingly important as cross border trade increases and the economies of the two countries become increasingly integrated.” He stated that the design year for the scheme is 2026, which is 15 years from its assumed opening. Future traffic flows were forecast. He next went on to describe the Do minimum scenario by “The Do Minimum scenario envisaged the existing road network exists without any improvements in place.
In 2026 without the bypass traffic levels on the N15 are forecast to increase to 13,000 vehicles per day to the west of the Twin Towns and to 10,600 vehicles per day to the east of the Twin Towns, with 25,700 vehicles per day on the N15 within the Twin Towns. On N13 to the north of the Twin Towns flows are expected to increase to 16,500 vehicles per day. The existing roads do not have the capacity to cater for these levels of traffic flows and there will be unacceptable levels of congestion with very long delays and a worsening of the environmental conditions within the town. It is likely that these conditions will deter people from visiting the towns and cause traffic on the national roads to seek alternative routes”.
On the other hand with the inclusion of the proposed N13/N15 Ballybofey/ Stranorlar By- pass in place “traffic levels on the existing N15 are forecast to be 3,500 vehicles per day to
05.HA0009/KA007 An Bord Pleanála Page 22 05.HA0009/KA007 Donegal County Council the west of the Twin Towns, 3,400 vehicles to the east of the Twin Towns with 9,600 vehicles per day on the existing N15 within the Twin Towns. On existing N13 to north of the Twin Towns, flow is expected to be 6,000 vehicles per day. This represents reductions in traffic flows on these roads of between 63% and 74% as a result of the introduction of the bypass. Traffic flows on the proposed bypass in 2026 are expected to be 9,500 vehicles AADT west of Navenny junction, 16,000 vehicles AADT -- which is average annual daily total -- between Navenny and Stranorlar junctions and 13,100 vehicles AADT between Stranorlar and Kilross junctions.” He said “NRA design standards also recommend consistency of route cross section for reasons of road safety. Accordingly, constructing the N13/N15 Ballybofey/Stranorlar bypass as Type 2 Dual Carriageway is proposed.” He continued that in accordance with National Roads project management guidelines a constraints study was published in September, 2000. A Route selection study was then undertaken between September, 2000 and May, 2001. “Four potential route options were identified. These were the blue route, which followed an alignment immediately north of the town centres and to the west of the N13; the pink route which followed an alignment similar to the blue route but located between 0.5km and 1km to the north of the Twin Towns; the green route which followed an alignment immediately south of the town centres and to the east of the N13; and the red route which followed an alignment similar to the green route but located 0.5 km to 1km south of the Twin Towns. All routes terminated at Kilross at or close to the junction of the N13/R236 Raphoe Road. The red route was preferred in terms of planning, land use, effects on agriculture, air quality, noise, effects on geology and hydro geology and construction impacts. A public consultation exhibition was then held in 2000. Side road severance emerged as the issue from this and the modified red route was then taken forward for the design and environmental assessments. He then described the non-statutory consultation which took place. It included exhibitions, publication of brochures, questionnaires, meetings with many parties, telephone consultations and correspondance. Exhibitions were held in November 2000 and June 2002. Statutory bodies were also consulted. Extensive site investigation was carried out. He then described the proposed scheme. There are four junctions along the proposed road, including two roundabouts at Stranorlar and Kilross and two grade separated junctions at Meencrumlin and Navenny.
Four road closures are proposed (two public roads and two private access lanes) with alternative access provided or available in each case. These are located at chainage 2,900 Meencrumlin, chainage 4,850 at Goland, chainage 9050 McFeely's Brae, and at chainage 12,650 at Church Road.
The N1/N15 road project will require a total of approximately 118 hectares of land, 113 hectares being agricultural land, the remaining five hectares includes crossings of existing roads, existing houses included within the CPO and rivers.
The scheme includes nine road bridges (seven public roads and two accommodation tracks), two river bridges (over the River Finn and Burn Daurnett), 1.1km single
05.HA0009/KA007 An Bord Pleanála Page 23 05.HA0009/KA007 Donegal County Council carriageway link road with three traffic signal junctions to connect the proposed bypass at Navenny with the centre of Ballybofey, two grade separated junctions and two roundabouts.
In order to construct the road, two residential properties will need to be acquired. These are at chainage 6,200 and chainage 7,800.
Road type.
The road type proposed is a Type 2 Dual Carriageway. The design speed and the speed limit for the proposed road will be 100km per hour and the design standards will be those described in the National Road Authority Design Manual for Roads and Bridges. The cross section for the proposed Dual Carriageway comprises the following: A 2.5m metre verge, 0.5m hard strip, 7m Dual Carriageway comprising two 3.5m traffic lanes, a 1.5m central median with barrier, 7m Dual Carriageway comprising two 3.5m traffic lanes, a 0.5m hard strip and a 2.5m verge.
Mr. Paterson then continued by recapping briefly on the description of the proposed scheme. He used the overhead display and a pointer to indicate changes in the scheme (from the EIS) and alternative traffic routes available on foot of road closures. Starting at the waterworks he said drainage pond No 3 is being omitted and runoff will be routed to pond No 4. The first road closure is at Chainage 2900. Alternative routes exist to East and West. The second road closure is at Chainage 4850. There is an option to go into Goland and across the bridge there. The proposed scheme also impinges on the abandoned railway at this point. Details will be presented later. Approaching Navenny Interchange the proposed scheme crosses three roads. The first of which is at Meenglass, which is L3014. It is proposed to keep this open by the use of an under bridge. The first of two (house) property acquisitions is at this location at chainage 6200. Moving on towards to Navenny interchange are another two side roads that are crossed, the first at Carrickmagrath and the second one at Sessiagh O'Neil, both of these side roads will be kept open with bridges.The second of the two property acquisitions is at chainage 7800. He next mentioned Navenny Interchange it is located about half way along the bypass. It provides the main junction with the link road that links into Ballybofey. It is a full grade separated junction. This is to allow for the high turning movements that are expected at this location. The junction itself is constructed on a sloping hillside, the result of that means that one side of the junction is effectively at ground level whereas the other side of the junction is deep in cut. Immediately east of the junction at Navenny there are two side roads in close proximity to each other. The first is McFeely's Brae and the second is Rockfield Road. It is proposed to close mcFeely’s Brae and keep Rockfield Road open. The proposed road then takes a turn to the North as it approaches the River Finn. The river bridge here, total length of 170m will be a three span bridge comprising two 45m side
05.HA0009/KA007 An Bord Pleanála Page 24 05.HA0009/KA007 Donegal County Council spans with the central span of 80m.The central span will clear the spoil heaps that are either side of the river. The were spoil heaps that were created during a drainage scheme during the last century and they have become established and are now forming part of the bank and will not be touched by the scheme. Before the River Finn crossing the proposed scheme will cross Edenmore Road..This will be kept open by means of a bridge. Drainage pond 13 at this location will be omitted and the water diverted to drainage pond 14. This will facilitate the retention of a tree line at this location, North of the river crossing Stranorlar roundabout will be provided. It will be the main access from the bypass to Stranorlar. Just north of the roundabout it is proposed to alter another drainage pond. This can only be achieved with the agreement of the landowner. At Chainage 12600 it is proposed to close Church Road. Further north, in the townland of Mullaghagarry, it is proposed to relocate another drainage pond. An overbridge is proposed at Mullaghagarry to keep an access open and then the proposed scheme rejoins the existing N13 and R236 at Kilcross roundabout. The dual carriageway ends at this roundabout, the tie in to the existing N13 up to Letterkenny is a single carriageway. He next referred to the link road from Navenny Interchange to Ballybofey. This is the 1.1km single carriageway that links into Ballybofey. There are three traffic signal junctions along this link road, the first being at the existing N13 just near Mulrine's bottling plant and then there are traffic junctions at Trusk Road and at Creamery Road. This link will cross the Burn Daurnett by means of a bridge. Then he described the junction at Meencrumlin, which is compact grade separated junction at the western end of the scheme. It is located within the dual carriageway section after its transition from a single carriageway. It is designed to accommodate turning movements of less than 3,000 AADT while maintaining mainline flow along the main road. The areas within the junction are proposed to be used as a picnic area and a drainage pond. The next junction is Navenny. This is constructed on a sloping hill side and has the deep cut, that is on the southern end of the junction.
It is a dumbbell roundabout arrangement with the link going northwards into Ballybofey.
The next junction is a roundabout at Stranorlar. This provides the main access from the bypass into Stranorlar. It is designed to accommodate high turning movements of the traffic. It is also a particularly sensitive location in terms of the floodplain of the River Finn and it is highly visible. The roundabout itself is 75 metres in diameter. Access to the existing properties will be achieved by keeping the existing stubs of the old N15 open..
The final junction is up at the northern tie-in at Kilross. This provides the connection between the R236 coming from Raphoe and the existing N13 going into Stranorlar. Again it's a 75 metre diameter. Access to the existing houses will be along the existing road and a realigned access road . Referring to structures he continued there are 11 structures in total, nine of which are road bridges. These are located at Meencrumlin, Goland, Meenglass, Carrickmagrath, Sessiagh O'Neill, Navenny, Rockfield Road, Edenmore and Mullaghagarry. The other two structures are the two river bridges, the large Finn crossing and the smaller crossing at Burn Daurnett.
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There would be footways included along the side roads for all road crossings, whether it be an underbridge or an overbridge. He next used overhead projection of Fig 3.4 and 3.5 to describe the main spans over the river Finn and the Burn Daurnett bridge. The proposed Finn bridge is 170 metres in length, two 45 metre spans either side of a central span of 80 metres. The piers are located clear of the main channel crossing and also clear of the spoil mounds or levees as they are known locally.
The piers are set back to allow a minimum clearance of 5 metres and also headroom for maintenance purposes.
The next structure, is the crossing at the Burn Daurnett, is single span structure with a total length of 24 metres. Mr. Farey then continued to describe the drainage proposals for approximately 25 separate crossings of water-courses and drainage ditches. These were, he said, designed to prevent any significant adverse impacts on the existing drainage of retained lands.
Sustainable Drainage Systems (SuDS) will be used wherever possible to minimise the environment impact of the road drainage system. SuDS mimic the processes that occur in nature and help both to minimize pollution and to attenuate stormwater runoff. Grassed channels known as 'swales' and retention ponds are SuDS components that are envisaged. Figure 2, which is in appendix 3 of his evidence, illustrates typical design for a drainage pond.
Wherever the scheme is in cut, separate surface water channels and filter drains will be used, eventually discharging from the drainage ponds. Wherever an embankment is constructed with free-draining fill, drainage-over-embankment to grassed channels/swales will be used. Road runoff will travel along these channels, eventually discharging into drainage ponds.
• The ponds will be fenced off from adjacent land plots; • Once established the ponds will have dense vegetation around the edges to reduce access to the pond surface. Defensive planting such as hawthorn may be used. • The ponds are shaped to have shallow gently sloping sides so there is not a sudden drop at the edge of the pond. It will not be possible to 'fall into' the pond. It would be necessary to wade into the pond before reaching the deepest part. • The ponds have a maximum depth of approximately two metres at the centre of the pond.
The road design will make allowance for winter flooding. Maintenance of the drainage ponds will be carried out by Donegal County Council, using direct access from existing or proposed roads.
He concluded “The proposed drainage regime has been designed in accordance with NRA DMRB requirements, Office of Public Works requirements, and best practice.”
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He then continued with a description of earthworks included in the scheme. The earthwork activity for the construction phase of the project will involve the excavation and placement of soil and rock totalling approximately 2 million cubic metres including:
• Excavated suitable material and rock available, 0.69 million cubic metres; • Excavated unsuitable soil placed within the site, 0.17 million cubic metres; • The net volume of fill material required is 1.24 million cubic metres; • The import of material required is 0.55 million cubic metres; • The export of unsuitable material for disposal is 0.05 million cubic metres.
Borrow pits outside the proposed development will be a matter for the Contractor who will be required to fully comply with relevant legislation. Imported fill will be sourced from sites that hold all necessary approvals from the relevant authorities. Topsoil and subsoils will be stored on site in suitable stockpiles.
Use of material unsuitable for road construction will be made for landscaping purposes, such as the creation of noise and landscaping bunds, thereby reducing quantities of material to be removed off site. Where the Contractor is required to dispose of surface excavated material off site, this will be to a licensed facility. He pointed on screen to proposed access routes for construction traffic. (Fig 3 on his evidence on cd). With regard to the Scheme Construction Programme Access and Methodology, he said that the contractor will be bound by an Environmental Operating Plan, National Roads Authority Guidelines and appropriate British and Irish standards. He anticipated that work would commence in 2010 if this scheme is approved. It is proposed that road lighting will be provided at:
• The two grade separated junctions at Meencrumlin and Navenny; • The two proposed roundabouts at Stranorlar and Kilross; • Along the entire length of the Ballybofey Link Road and approaches to the proposed traffic signal junctions. No other areas of the scheme will be lit. The lighting design will be carried out in accordance with the recommendations of BS5489:Code of Practice for the design of road lighting. He identified locations where safety barriers would be required in accordance with the NRA DMRB. The abandoned railway will be impacted at • Impact at Meencrumlin between Chainages 2600-3300; • Impact of Goland Chainages 4800-5200; • In close proximity at Meenglass between Chainages 6300-6900; • There is an impact at Sessiagh O'Neill Chainages 7700-7800; • There is an impact at Navenny, Chainage 8600.
At Meencrumlin, Sessiagh O'Neill and Navenny, the proposed road will sever the existing abandoned railway line. At Goland the proposed road will impact on the north side of the railway while the southern side of the railway will maintain intact providing a wildlife corridor and with sufficient room retained within the proposed landscape to accommodate a potential footway should it be required in the future for amenity purposes. That's shown
05.HA0009/KA007 An Bord Pleanála Page 27 05.HA0009/KA007 Donegal County Council on figure 4 of his evidence. At Meenglass, the proposed road will run parallel to the northern boundary of the railway line but will not directly impact it.
The integrity of the abandoned railway has already been compromised at several locations as illustrated in figure 4a, by the construction of individual houses, housing estates and outbuildings etc. At Meencrumlin the abandoned railway will be entirely flooded along the section of the banks of Lough Mourne, when the proposed Lough Mourne Dam is constructed during the coming years.
Given the loss of integrity of the railway line, it is not feasible to re-establish the railway line along its historic abandoned line in the vicinity of Ballybofey/Stranorlar. The land along the abandoned railway line has fallen into private ownership along much of its length and is not being used as a public right of way.
He then went on to consider objections and representations in relation to road closures. These are summarized in Appendix 4 of his evidence. With regard to land requirements he stated “The lands to be acquired as outlined on the deposited maps and included in the CPO for the scheme are necessary, suitable and sufficient for the construction of the proposed scheme and to provide for the mitigation measures set out in the Environmental Impact Statement. The total area to be acquired is 118 hectares. There is a typographic error there, which is 292 acres of land, that includes the acquisition of two dwellings. Should it be confirmed, Donegal County Council would have in its possession all of the lands necessary to construct the scheme.”
All of the lands included within the proposed CPO are necessary for the construction of the proposed road. A number of road closures were proposed. The history of these is set out in Appendix 2 of his evidence. Four road closures are proposed. • The first two at Chainage 2900 and 4850 are of agricultural access tracks at Meencrumlin shown on Fig. 5 • At Golan, shown on Fig. 6.
• At Chainage 9050, closure of McFeely's Brae local road L2864 in Navenny as shown on figure 7; • Chainage 12650, closure of Church Road, that's L2714 in Castlebane shown on figure 8.
The first closure is mitigated by the provision of the proposed Meencrumlin accommodation road immediately south west of the Meencrumlin junction.
The Goland closure is mitigated by the provision of the proposed Goland accommodation road and underbridge at Chainage 4270.
Closure of the McFeely’s Brae at Chainage 9050 at Navenny Local Road L2864.
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McFeely's Brae provides one of the links between the townland of Navenny and the twin towns. Locally it is regarded by residents, as being the main link between Navenny and Ballybofey.
The existing road is approximately 5.5 metres wide and is in good condition, having recently been resurfaced and verges trimmed. Traffic travelling to Ballybofey travels north on McFeely's Brae, turns left at the junction with the Navenny Road to enter Ballybofey via Navenny Street or if travelling to Stranorlar, turns right onto Navenny Road travelling for approximately 0.7 kilometres and then left again to cross the recently improved Dreenan Bridge into Stranorlar along Millbrae Road.
Rockfield Road (referred to as Daisy Hill Road in the EIS) also provides a link between Navenny and Ballybofey/Stranorlar via Navenny Road. The road surface is currently in poor condition in comparison with McFeely's Brae, with failure of the road pavement evident at several locations. The width of Rockfield Road varies along its length with a minimum width of 4.5 metres, although there is sufficient width within the road corridor to achieve 5.5 metres, similar to McFeely's Brae. Traffic flows on both McFeely's Brae and Rockfield Road were recorded in April 2008 as 1988 vehicles AADT and 658 AADT respectively. The numbers of properties located on each of the road are 28 houses located on Rockfield Road and 37 houses (including an estate of 20 houses close to Knock Cross Roads) located on McFeely's Brae.
Provision of bridge crossings at both of these locations is not justified with these low traffic Volumes, although the Design Team acknowledges that there is more traffic currently using McFeely's Brae than Rockfield Road, it was necessary to identify the best route for the combined traffic flows of approximately 2600 vehicles AADT, irrespective of which route is currently carrying the most traffic.
The upper half of McFeely's Brae has a gradient similar to that of Rockfield Road of approximately 2% although this deepened considerably to 7% on the lower half of the approach to Navenny Road. Rockfield Road by comparison has a more consistent gradient along its entire length starting at 1.5% on the upper half increasing to 4.5% on the lower half. In this respect Rockfield Road has a more suitable and safer vertical alignment than McFeely's Brae. (See figure 40)
He continued “the junction of McFeely's Brae and Navenny Road is located on a bend and visibility from the junction is poor, particularly to the left, causing a potential road safety problem. There is only one 1.2 metre wide footway located on the southern side of Navenny Road to the east of the junction and there is in sufficient width between the road boundaries to provide additional footways or a right turning lane for the junction. He referred to Plate 1, showing some views of that junction.”
“In contrast the junction of Rockfield Road and Navenny Road has sufficient width to cater for left and right turning lanes on the Rockfield approach to the junction, plus sufficient width to provide a right turning lane if required on Navenny Road. There is also sufficient
05.HA0009/KA007 An Bord Pleanála Page 29 05.HA0009/KA007 Donegal County Council width to provide footways on both sides of Navenny Road in the vicinity of the junction. Visibility from the junction is good in both directions with Millbrae Road and the high quality link into Stranorlar via the new Dreenan Bridge. Access to Stranorlar, from Rockfield Road, is, therefore, more direct”.
He concluded since Rockfield Road provides a safer access to the towns than McFeely's Brae, it is proposed to retain Rockfield Road and close McFeely's Brae. It is also proposed as part of the scheme to improve Rockfield Road by widening to 5.5 metres where feasible and resurfacing. It is also proposed to improve Navenny Road within the existing road boundary, in the vicinity of the Rockfield Road and Millbrae Road junctions, by providing turning lanes and footways on both sides of the road.
It is also proposed to reprioritise the cross-road junction of Rockfield Road and McFeely's Brae (Knock Cross Roads) and to improve visibility at this junction within the existing highway boundary. Currently, McFeely's Brae has priority over Rockfield Road and this will be reversed. Visibility will be significantly improved within the existing road corridor by removal of hedges to facilitate the provision of adequate visibility and carriageway widening on the approach to the junction, existing roadside ditches will be removed and road drainage incorporated into a sealed system using gullies and pipes, or similar. That concept is shown on figure 9.
The additional journey length resulting from the diversion from one end of McFeely's Brae to the other is approximately 800 metres. At an average speed of 60 kilometres an hour this equates to an additional journey time of 48 seconds.
Road Closure of Church Road at Chainage 12650 at Castlebane
Church Road is a local road. L2174 at Castlebane comprises a 4.9 kilometre loop located north of the existing N15 between Stranorlar and the townland of Corcam two kilometres east of Stranorlar. Both ends of the Church Road loop access the N15 at priority junctions.
There are 19 residential properties/farms and two businesses located along the Church Road loop, mainly located towards the eastern end, and a school, church, golf course and residential properties along the western end of the loop. The proposed closure of Church Road would remove all through traffic from the western section of the loop with consequent benefits to adjacent properties.
One of the businesses is a quarry located on the western end of the loop approximately 0.3 Km east of the proposed road closure. Some sections of Church Road to the west of the quarry between the quarry and the N15 junction in Stranorlar have been widened to 5.5 metres and strengthened.
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The proposed Church Road closure will result in traffic to and from the quarry and local houses having to use the eastern portion of the severed loop and the N15 to access the twin towns. The eastern portion of the loop comprises a road of approximately 4 to 4.5 metres minimum width. At some discrete locations the road surface is in poor condition. Access to the N15 is via a priority junction with the N15 where a speed limit of 100 kilometres per hour applies. Visibility at the junction with Church Road is below desirable standards due to the alignment of the N15 on the approach to the junction, although Donegal County Council has carried out improvements.
Traffic flows on Church Road (at the proposed closure) were 329 vehicles AADT, in an April, 2008 survey, reducing to 228 vehicles AADT (May 2008) at the Corcam end of Church Road. This low volume of traffic does not warrant the provision of a bridge given that the alternative eastern route to the N15 provides an adequate alternative access to the low volume of traffic needing to use it. As part of the scheme it is proposed that the eastern section of the loop is widened (with passing bays where necessary) within existing highway boundaries and strengthened. It is considered that the additional volume of traffic that would use the Church Road/N15 junction at Corcam does not justify a further improvement of the junction as part of this scheme.
The proposed closure of Church Road will also affect the North West Trail cycle route that follows the L2714 along part of its length as shown on figure 10. With the closure of Church Road the route could be diverted 6.5 kilometres along the existing N13 and then the R236 as far as Knockagarran, turn south to Craigdoo before rejoining the existing route. This alternative road is approximately the same length as the existing route.
This alternative road uses busier roads than the existing route, although the existing N13 will be reclassified as a regional and local road with an 80 kilometre per hour speed limit and will be much quieter than at present.
A second alternative, that affects the shorter four kilometre section of the North West Trail, would be to use the existing N15 to Lifford before turning northwards at Corcam, travel on the L2714 as far as Colladawson, then rejoining the existing route. This second alternative would not be as attractive as the first, since it would require the negotiation of the proposed Stranorlar and the existing N15 east of Stranorlar, to Lifford. It is also 0.5 of a kilometre longer than the existing.
Summary
In conclusion the scheme will provide necessary infrastructure for the economic and social development of County Donegal, the North Western Region and in the context of national planning.
• Without the scheme, the existing road network will become congested leading to an increase in accident and become a constraint on economic development. • The predicted traffic flows justify the provision of a Type 2 Dual Carriageway.
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• The proposed road will be designed and built to NRA standards. • The proposed road drainage system will not contribute to an increased flood risk in the adjacent receiving watercourses. • The alignment has been chosen to best serve the objectives of the scheme and to achieve the optimum balance to minimise environmental impacts while providing value for money. • An extensive environmental assessment has been carried out and mitigation measures have been identified. • Sufficient land will be acquired to construct the scheme. All land included within the CPO is required for the purpose of construction of the proposed road.
Mr Farey’s report included four appendices. Appendix 3 contained a series of eleven figures commencing at figure 1 and leading through to figure 10 including figures relating to traffic flows, typical drainage pond, permitted construction access, cross section of the abandoned railway at Goland, the integrity of the abandoned railway. At figures 5 to 8 the locations of the proposed road closures, at figure 9 the proposed Rockfield Road improvement and, finally, at figure 10, the North West Trail cycle route alternative.
Finally, at Appendix 4, Mr. Farey included a summary of the representations and objections including a response from the Road Design Office.
Mr. Flanagan then added an update on Mr. Farey’s report regarding the closure of Church Road. Mr. Flanagan then read a statement in the following terms “On behalf of the County Council the position is this: The decision on the provision of alternative access in the case of necessary road closures requires a judgment call based on consideration of various factors. At the time of publication of the Compulsory Purchase Order the decision on Church Road was finely balanced. Having carefully considered the objections and submissions received the Council has reviewed the proposed extinguishment and, subject to sufficient land becoming available by agreement or by Compulsory Purchase Order, and the completion of other necessary statutory procedures and the approval of the National Roads Authority, the Council now propose to provide alternative access by means of a bridge on Church Road.”
“This proposal, Inspector, is outside the terms of the current scheme. The Council's position remains that the present scheme should be confirmed as proposed which scheme did not preclude the construction of a bridge on Church Road at any subsequent time”.
Evidence of Margaret Grant (Transcript Day 2 Pages 70-85)
Ms Grant introduced herself as a member of the Institute of Acoustics and a chartered Environmentalist specializing in Environmental Noise and Vibration. Ms. Grant stated that the existing noise climate was quantified by means of baseline noise surveys. She said the levels of noise associated with the proposed road development were predicted using a proprietary software package.
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Measurements performed in the vicinity of noise sensitive locations close to the proposed development indicated that the primary noise contributor was found to be road traffic. No significant source of vibration was observed.
In relation to the construction stage, Ms. Grant stated that the noise and vibration limits specified by the local Authority would be written into the contract documents. Basic guidance on practical control measures will be taken from BS5228 Part 1 and the European Committees (Construction Plant and Equipment Permissible Noise Levels), Regulations 1988.
She outlined the types of measures involved, which were appropriate phasing of activities, effective silencer installation, proper maintenance of plant and shutting down of machinery that is used intermittently. Ms. Grant said the traffic noise levels were predicted at a total 252 locations on the existing N13/N15 and at 139 points along the proposed N13/N15 and these were compared to a target criteria of 60dBL den as specified by the NRA Guidelines.
She said that the mitigation measures were deemed necessary whenever a development under consideration had a net negative impact and a predicted noise level was greater than the target criteria. She said it was found that mitigation measures were necessary at 23 of the receiver locations for the 2026 scenario. She outlined additional analysis, which was carried out following the completion of the EIS. This was necessary because traffic flows and speeds were changed and new developments took place close to the route. She explained that this had the effect of reducing predicted barriers, which would be required. Ms Grant attached four tables to her evidence showing the location of the proposed mitigation measures, Tables A, B, C and D. Ms Grant said that it could be concluded that the proposed road scheme complies with the appropriate guidance in relation to noise and the associated impact was therefore considered acceptable. She said it was noted that a significant number or properties located along the existing N13/N15 road alignment will experience lower noise levels than will be the case if the Bypass does not proceed. Noise mitigation measures are set out in Table C and D of her Brief of Evidence.
Ms Bridget Ginnity gave evidence on Air quality (Transcript Day 2, Pages 87-95)
Ms. Ginnity said that she is a director of ANV Technology, which was appointed to carry out an air quality impact assessment of the proposed N13/N15 Ballybofey/Stranorlar Bypass. Ms. Ginnity said the impact on air quality of the proposed N13/N15 Ballybofey/Stranorlar bypass was assessed in accordance with the methodology detailed in the National Road Authority's -- that is NRA -- "Guidelines for the treatment of air quality during the planning and construction of national road schemes" and the UK Highways agency "Design Manual for Roads and Bridges". She said that extensive air quality surveys were carried out in 2006.
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Since publication of the EIS, changes have been made with regard to traffic flow and speed assumptions as detailed in the Appendix in Table 11.9A. The assessment was revised to incorporate these changes. The calculation of pollutant concentration was also undertaken for additional receptors. She said that the existing air quality in the region was considered to be good with pollutant concentrations within current air quality standards. Construction activity such as earth moving and excavation and traffic movement generate dust, particularly during dry periods. No properties are expected to experience significant adverse impact during construction. 20 properties, all within 50m of the construction area, are predicted to experience a minor adverse impact due to dust for a limited period. The impact of vehicular emissions is negligible during construction. She also said that pollutant concentrations were determined at 19 selected locations, which represented the cases where the highest pollutant concentrations were predicted, using DMRB methodology.
A total of 8 receptor locations with approximately 23 properties were predicted to experience a moderate adverse impact. She said these are properties in Lawnsdale, within 85m of the bypass. An estimated ten properties fall within that band. Properties within 35m of the link road. (In the brief of evidence 50m is written by mistake. An estimated nine properties fall within that category. One property at Goland at chainage 5100, one property at Sessiagh O'Neil, at chainage 8100; one property at Edenmore, at chainage 10600; and one property at Kilross south of the bypass, at chainage 15000. The expected increase in carbon emissions was revised to 12% after incorporating the latest traffic figures and assumptions regarding speeds. This is typical of road schemes of this nature, due to a combination of increased distance travelled and increased speeds.
The impact on eco systems .
The River Finn is a candidate Special Area of Conservation. The Air Quality Standards Regulations (AQSR) limit value for oxides of nitrogen, which relate to the adverse impact on vegetation, is not exceeded beyond the roadside The increase in NOX -- nitrogen oxide -- concentration as a consequence of the proposed road, exceed 2 micrograms per metre cubed, at distances within 120m of the road centre line. This affects a stretch of river of approximately 500m in length. The calculated dry deposition of nitrogen is well blow UNECE critical load levels.
The project ecologist concurs that the impact of the proposed bypass on the vegetation of the candidate Special Area of Conservation is not significant.
Air quality mitigation. During construction.
Mitigation measures to minimise the adverse impact of construction dust are proposed in the EIS. These include techniques to reduce dust generation and measures such as dampening of dust, speed limitations and frequent cleaning of surfaces and wheels to control dust dispersal.
Mitigation measures will be detailed in the environmental operating plan, which will be prepared prior to construction.
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During operation.
Air quality standards at properties along the proposed route will be complied with. Consequently no specific mitigation measures are required at these locations. The mitigation measures for reduction of green house gases are implemented by government at a national level in accordance with the revised national climate change strategy of 2007, and in the wider context, through stricter EU regulations. They cannot be meaningfully addressed in isolation for an individual road scheme.
Summary of the key conclusions.
Firstly the existing air quality is good in the area of study. About 20 properties, which lie within 50m of the construction works may experience a minor adverse impact due to dust during construction. About 95% of the properties in the study area will experience a reduction in pollutant concentration, albeit a small reduction in most cases.
Pollutant concentrations will not exceed the regulatory limit values at any location.
About 100 properties along the main streets in Ballybofey and Stranorlar will experience a slight benefit with respect to reduction in NO2 and PM10 concentration.
Approximately 23 properties are predicted to experience a moderate adverse impact with respect to nitrogen dioxide.
All other receptors assessed along the proposed route are subject to a slight or negligible adverse effect.
Carbon dioxide emissions are predicted to increase by 12%, not allowing for mitigation measures to be implemented as part of the national climate change strategy 2007 to 2012.
There is no adverse impact on the River Finn as a result of oxides of nitrogen emitted from traffic on the proposed road.
In response to examination by Mr. Flanagan she referred to amended Tables in her Brief of Evidence (copy on the cd). These were 11.9A, 11.12A, 11.14A, 11.16A, 11.17A, 11.20A, which update the tables of the same numbers in the EIS e.g. 11.9, 11.12 etc.
5.1.4 Statement of Evidence by Nicholas Skelton (Transcript Day 2 Page 97-115)
Mr. Skelton stated that he is a partner in Roger Tynan & Partners. His firm prepared Chapter 5 of the EIS (Socio Economics) for the N13/N15 Ballybofey/Stranorlar Bypass.
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They also prepared the non Statutory Spatial Framework for the northwest (for DoEHLG and the NI Department of Regional Planning) as well as various projects for Derry City Council.
They were instructed in January 2002 to prepare the EIS in this case and updated it in 2006/2007 to reflect the availability of more up-to-date demographic information and the adoption of the Donegal County Development Plan 2006-2012, in July 2006.
Mr. Skelton described their methodology, which involved policy review at local, county, and regional level: examination of statistics, trends in population, house building, retail trade, land use. A survey of businesses in the area was competed and up-dated, and consultation with relevant parties was carried out. The population of Balybofey/Stranorlar increased by 18% between 1996 and 2002. House building in County Donegal increased from 766 in 1991 to 2545 in 2000. He said that the present alignment of the N13/N15 goes through the commercial centre of the Twin Towns, which is home to a range of activities including retail, banking and administrative and other service functions. Existing residential users cluster round this central focus. Small scale business activity, including small businesses, industry and workshop units is characteristic of a corridor as it leaves this central area. All of the area's four petrol filling stations are in this 'peripheral' section. In terms of commercial activity, after Letterkenny, Ballybofey/Stranorlar has the second largest concentration of retail floor space in the County, just over 10,000 square metres net. The Retail Strategy, which forms part of the County Donegal Development Plan promotes the development of the Twin Towns as a Tier 2 major town up to 2012. Alleviation of traffic and related constraints will be an important element in creating an extended and improved shopping offer.
The Business Survey concentrated on petrol filling stations, retail outlets, wholesale outlets, the accommodation sector and companies involved in manufacturing. Petrol stations were reliant on passing trade for 50% of their business. Accommodation businesses were most reliant on tourist related business. He added the business responses also demonstrated that the operation of the N15 and N13 presently has significant impacts on the bypass corridor and this is outlined in table 5.10 in the EIS. While the road brings passing trade for petrol filling stations and accommodation providers: through traffic affects the amenity of residents living near the road; the volume of traffic hinders live stock movements and affects business access and residential amenity; and heavy traffic flows adversely affect the quality of the shopping environment. It was noted here that there was limited on street parking to enable would be shoppers to pull in.
Other business responses also referred to heavy traffic congestion, long delays and a perception that the N13 to the north of Stranorlar is dangerous.
Overall the heavy flows of traffic travelling along the N15 and N13 through the Twin Towns have a negative impact on residential amenity and on commercial activities, with the exception of petrol filling station and B&Bs. The anticipated and planned continuation of housing development and population growth will further increase traffic volumes through the town, further compounding the negative impacts already reported.
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Some businesses had a positive expectation of increased business as a result of the By- pass.
He next referred to community facilities saying that the key impact on communities will, therefore, be as a result of increased journey distances for cars, agricultural and other business vehicles. Across the area as a whole the existing road network has generally been retained intact, by means of crossing the proposed road via bridges or passing through roundabouts. In the design stage an additional underbridge was added to reduce community severance. In most cases such impacts are therefore limited.
Four closures of public roads and tracks are proposed, and in the case of Church Road there is potential for localised community effects, in the form of reduction in levels of accessibility to community facilities and the other social and commercial facilities available in the central areas of Stranorlar and Ballybofey. Car journey times to other social facilities may also increase. And there is also the potential for business impacts on individual operations such as quarrying and farming businesses.
His conclusions were that Ballybofey and Stranorlar are located on the N13 and N15 National Primary Routes. This has significant effects on congestion, traffic encroachment into shopping districts and residential areas, increased road accidents and noise and air pollution. Bypass development will address these issues with attendant environmental and economic benefits.
The beneficial impacts and associated long term growth prospects are likely to outweigh the possible initial fall in business predicted by operators known to be vulnerable to a reduction in passing traffic. It should be noted that although negative impacts in particular cases cannot be excluded, evidence from the post bypass situation in other towns suggest that the survey findings may be only negative and that trade almost always benefits from bypass development due to enhanced access and an improved environment. It is typical of experience elsewhere that traders are apprehensive before the event but that the outcome is more favourable than expected.
The validations and additional consultations carried out this year indicate that business in the retail and service sector are now more optimistic about their prospects post bypass than was the case initially. The strategic value of the bypass is indicated by the observations from the road haulage industry. The present situation generates considerable inefficiencies due to extended journey times and increased fuel consumption with attendant environmental disbenefits on the built environment. The responses suggest that bypass development will remove these, considerably boosting turnover in the process. Increased accessibility will be afforded to areas across Donegal.
Without the construction of the proposed bypass: Residences along the existing N13 and N15 will suffer continued reduction in residential amenity, as traffic using the route continues to increase.
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Traffic congestion will increase along the local road network. Linked with the increase in traffic there will be an increased risk of accidents along the existing substandard N15 and N13. The lack of proper infrastructure could curtail development within the Twin Towns and throughout County Donegal.
5.1.5 Statement of Mr. Neil Evans, Technical Director, Water Environment group, McCarthy Hyder Consultants Ltd., Design Engineers for the scheme. (Transcript Day 2 Pages 116-142)
Mr. Evans, by way of introduction said that the proposed scheme crosses a number of watercourses within the Finn catchment, which is a tributary of the River Foyle.
The principal surface water bodies in the vicinity of the propose route are: The River Finn, which is a designated salmon river of international importance and a candidate Special Area of Conservation, the Burn Daurnett, which rises near Lough Mourne and is fed by a number of tributaries, it feeds into the River Finn and contains a nursery habitat for Lamprey species.
The three main proposed crossings are:
1. The River Finn between Edenmore and Mullandrait; 2. The link road crossing of the Burn Daurnett between Navenny and Ballybofey; 3. A side road crossing of an unnamed tributary of the Finn at Treanamullin.
There are also approximately 25 separate crossings of smaller water-courses and drainage ditches.
Other principal water features situated within close proximity of the Proposed Scheme include Lough Mourne, a reservoir for public water supply for the Twin Towns located at the western end of the scheme. In the same area the Proposed Scheme also crosses an undesignated Blanket Bog and there are two designated bogs within 500m of the scheme.
Mr. Evans first outlined the methodology used. Data on Water Quality was obtained from the Environmental Protection Agency (EPA) and Donegal County Council. Water sampling surveys were also undertaken. The data has been compared with criteria set out in the European Communities (Quality of Salmonid Waters) Regulations, 1988 and the Local Government (Water Pollution) Act 1977 (Water Quality Standards for Phosphorus) Regulations. The EPA's River Quality Class System (2002) has also been used to assess the watercourse crossed by the Proposed Scheme. A hydrodynamic (time-varying) hydraulic model was constructed for the River Finn using Mike 11, an industry standard software package developed by the Danish Hydraulics Institute. A 6.5km length of the River Finn was modelled, inclusive of a reach from a natural weir feature 3.2km upstream of Ballybofey Bridge to Edenmore, approximately
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3.3km downstream of the bridge. The model also incorporates a 0.75km reach of the Burn Daurnett and a 0.4km reach of the Finn Tributary at Treanamullin.
The model was used to assess the baseline(existing) flooding regime during the 1-in-100 year design flood event. The baseline model results enable proposed bridge structures over the River Finn and Burn Daurnett, as well as culverts in the tributary at Treanamullin, to be sized, and subsequently allowed assessment of the impacts of the scheme during the construction and operational phases. Sensitivity runs were also undertaken to investigate the potential impacts of climate change on River Finn and tributary flood water levels. Flood flow estimates were made using the methodologies set out in the Flood Estimation Handbook, developed by the Institute of Hydrology for UK catchments. The study catchment is included in the Flood Estimation Handbook (FEH) as the Finn is a tributary of the River Foyle, which flows into Northern Ireland. Whilst the watercourses surveyed have been shown to have some degree of pollution, the available data collated to date indicate that the water quality of the River Finn, the Burn Daurnett and their tributaries is generally good and compliant with the appropriate Environmental Quality Standards. Where exceedences have occurred, they have generally been minor and/or infrequent assessment of potential effects and mitigation proposals during construction.
Water quality.
Construction works have the potential to cause contamination of adjacent waterbodies, for example from the use or misuse of construction materials such as fuel, chemicals, cement and concrete.
There is also the potential for works to cause contamination by silts and particulate matter due to disturbance of soils and handling of materials. Mitigation measures will be embodied within the Environmental Operating Plan that will be prepared prior to construction commencing.
Particular regard will be given to the guidance given by the Regional Fisheries Boards. Pollution impacts on receiving waters from routine road runoff appear to be primarily restricted to roads carrying more than 30,000.
Annual Average Daily Traffic.
Predicted traffic flows on the Proposed Scheme are considerably below this threshold and the drainage infrastructure incorporated into the Proposed Scheme will achieve a significant degree of runoff treatment.
Surface runoff from the road will be collected by a combination of grassed swales, filter drains and surface water drainage channels. Along the majority of the route, runoff will be directed to retention ponds. The Proposed Scheme will further reduce the risk of accidents and spillage.
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Bogs.
The Proposed Scheme will result in no physical impacts on the designated bogs. These are located at a higher elevation than the Proposed Scheme and are hydraulically disconnected from the aquifer that underlies the route. Therefore, there will be no impact on the hydrological regimes of these sites.
One area of undesignated blanket bog will be crossed by the Proposed Scheme. Construction will result in the extraction of peat, with potential for a moderate adverse impact due to physical disruption of the habitat and to the hydrological regime that maintains it.
This impact will be mitigated by incorporating cross drainage measures to ensure a hydrological connection is maintained beneath the road embankment to link areas of the bog to the north and south of the scheme. In addition, peat will be replaced with a low permeability fill material to prevent creation of a preferential flow path and drainage of the bog.
Drainage
Culvert design.
In rural areas, culverts have been sized to pass the 1-in-25 year flow, while in urban areas culverts have been sized to pass the 1-in-100 year event (in line with OPW recommendations). Where the potential for blockage by debris is assessed as high, culvert sizes have been increased by one standard size. In addition, the culverts have been oversized such that the invert will be 500mm below the elevation of the natural stream bed, in line with NRA guidelines.
All culverts have been sized to avoid surcharge during the design event, to ensure that there is no risk of flooding of the scheme and overtopping onto the road surface.
A minimum capacity culvert of 1500mm was utilised where assessment of the design flows initially resulted in smaller culvert sizing.
Mammal passage facilities will be incorporated as appropriate and in accordance with the NRA guidelines. Where provision of internal ledges within a culvert is not feasible, separate facilities for mammal passage will be provided, for example, via adjacent pipe culverts (minimum 600mm diameter).
Given the above methodology for culvert sizing, the magnitude of impact on flood risk will be localised and minor.
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The River Finn crossing.
Several crossing options were considered for the River Finn and a 170m long design was selected as the most appropriate for the Proposed Scheme. A central span of 80m will cross the River Finn with two further 45m spans across either side of the Finn floodplain.
The River Finn channel will be clear, spanned by the central part of the structure, which also accommodates a minimum of 5m clearance between each river bank and the central piers. In accordance with OPW guidance, a minimum clearance of 300mm will exist between the predicted 1-in-10 year flood level with the scheme in place and the underside of the bridge deck.
The indicative flood extents with the scheme in place highlight that significant changes in the 1-in-100 year flood levels are not predicted over the study area.
Restriction of floodplain flow at the bridge embankments causes increases in flood levels upstream of the bridge of up to 4cm, reducing to less than 1cm at Dreenan Bridge (approximately 1km upstream).
Downstream of the crossing, an increase of only 2cm is predicted on the southern floodplain, with a 2cm reduction in water level on the northern floodplain, as the Proposed Scheme embankment restricts flow onto this area somewhat.
Water level increases of this order of magnitude are acceptable in principle to the OPW. No properties have been identified that will be impacted by the predicted water level increases.
The embankment and the Stranorlar roundabout will cut across the Finn floodplain. Whilst some floodplain storage loss will occur, these losses represent only a very minor portion of the overall floodplain volume within the study area and will not cause any impacts on property or infrastructure.
No mitigation for the minor loss of the Finn floodplain storage is proposed and, overall, the magnitude of impact resulting from the River Finn crossing is minor such that the potential effect in terms of flood risk will be slight adverse.
Burn Daurnett Crossing.
Several crossing options were considered for the Burn Daurnett. A bridge with a 20m span was selected as most appropriate for the Proposed Scheme.
A minimum clearance of 300 mm will exist between the predicted 1-in-100 year flood level with the scheme in place and the underside of the bridge deck.
Restriction of floodplain flow at the crossing of the Burn Daurnett causes minor increase in the flood potential. Immediately upstream of the crossing maximum increases of up to 16cm are predicted in the 1-in-100 year flood level. Overall, the magnitude of impact
05.HA0009/KA007 An Bord Pleanála Page 41 05.HA0009/KA007 Donegal County Council resulting from the Burn Daurnett crossing is slight adverse and no mitigation measures are proposed for the localised and minor potential flood water level increases that are predicted.
Tributary at Treanamullin.
The twin arch culverts conveying the Finn tributary at Treanamullin beneath the existing N15 will be replaced with box culverts providing a significant increase in opacity. Similar sized culverts will also be provided beneath the local access road immediately downstream. These will have the effect of slightly reducing predicted flood levels upstream of the N15 and the Proposed Scheme will thereby reduce the existing flood risk to the garden of a property adjacent to the watercourse.
An existing small culvert located some 75m to the west of the unnamed tributary conveys drainage from adjacent fields north of the N15 onto the Finn floodplain. In the Proposed Scheme this drainage path will be maintained by the provision of a similar culvert beneath the new N15 alignment and the neighbouring accommodation track. This is an additional culvert to those proposed in the EIS and will prevent any increase in flood risk in this localised area, in very minor storage loss on the Finn floodplain just upstream of its confluence with the unnamed tributary at Treanamullin. However, this will not exacerbate flood risk in the tributary or surrounding land upstream of the N15.
The crossing of the unnamed tributary by the Proposed Scheme results in no increase in flood risk to residential properties.
Climate check effects.
All current national guidelines in respect of assessing the impact of the Proposed Scheme on flood risk have been followed. There are currently no published guidelines concerning the inclusion of any potential climate change scenarios in such an assessment.
Whilst recent research suggests that the frequency of flood flows in Ireland will increase with climate change, all estimates of the magnitude of this increase are uncertain and must be treated with caution.
For sensitivity analysis, a conservative factor of 20% has been added to the 1-in-100 year flows in the River Finn and Burn Daurnett and run through both the baseline and post- scheme hydraulic models. This factor is in line with current UK best practice guidelines for the assessment of the impacts of climate change on peak river flows (to year 2015). 300mm freeboard above the predicted 1 in 100 year plus climate change flood water levels will be provided at both Finn and Burn Daurnett bridge crossings.
Mr. Evans drew the following conclusions:
Conclusions
The potential for the Proposed Scheme to cause temporary construction phase water quality impacts, will be mitigated by implementing good construction practice and
05.HA0009/KA007 An Bord Pleanála Page 42 05.HA0009/KA007 Donegal County Council adopting appropriate timing and sequencing of the works. Such measures will significantly reduce the risk of a pollution incident and allow containment should an accidental spillage occur.
During routine operation, the pollution potential from highway drainage discharges is minor as the predicted traffic flows on the Proposed Scheme are below the design manual for roads and bridges threshold and the Proposed Scheme incorporates a suite of measures that facilitate treatment of highway discharges and a degree of spillage containment.
Overall there is predicted to be a beneficial impact on surface water quality during the operational phase. No physical or hydrological impacts on designated bog habitats are predicted. Incorporating appropriate cross drainage measures will mitigate the potential for a moderate adverse impact on an area of undesignated blanket bog.
The predicted flood risk impacts associated with culvert crossings of minor watercourse are localised and minor.
The clear span bridge crossings of the River Finn and Burn Daurnett will incorporate a minimum of 300mm freeboard above the predicted 1-in-100 year plus climate change flood levels. The minor and localised flood level increases predicted to arise from the embankment crossings of the Finn and Burn Daurnett floodplains (4cm and 16cm maximum respectively) do not impact on any properties. The impact of the crossings on flood risk is 'slight adverse'.
Conveyance of the Finn tributary at Treanamullin beneath the existing N15 and the new accommodation track will be maintained by the provision of replacement culverts with greater capacity, reducing flood risk immediately upstream. Existing local drainage pathways will also be maintained. Minor losses of floodplain storage associated with the construction of the Stranorlar roundabout will not exacerbate flood risk to any residential properties.
5.1.6 Evidence of Mr. Paul Thompson, Geo-Environmental Manager with Hyder Consulting (U.K.) Ltd.
Mr. Thompson participated in the preparation of Environmental Impact Statements for a number of road projects in Ireland including the N7 Castletown to Nenagh and the N26 Ballina to Bohola.
McCarthy Hyder Consultants have been retained to undertake an assessment of the geological and hydrogeological impacts associated with the construction and operation of the N13/N15 Ballybofey and Stranorlar bypass. Impacts on the geology and hydrogeology along the length of the proposed scheme have been presented and discussed in chapter 14 of the Environmental Impact Statement.
The assessment has regard to the Institute of Geologists of Ireland publication: "Geology in Environmental Impact Statements, a guide" (2002); the Environmental Protection Agency
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"Guidelines on the Information to be contained in an Environmental Impact Statement" (2002); "Advice notes on current practice in the preparation of Environmental Impact Statements", (2003) and the National Roads Authority document "Environmental Impact Assessment of national roads schemes, a practical guide". (2005)
He next described the Methodology used, which included study of bedrock geology, GSI Aquifer Classifications, and information from other collected sources. He then described the ground investigation carried out. This included drilling boreholes, trial pits, soil sampling, Macintosh probes, installation of standpipe, piezometers and a seismic refraction survey. Water samples were also surveyed. He went on to describe the existing geology of the study area. According to GSI geological maps, the entire length of the proposed scheme is underlain by Precambrian bedrock. Intrusive ground investigations were carried out in 2004 and these broadly confirm the GSI mapping. Surface deposits include peat, boulder clay, sands, gravels, cobbles and alluvial deposits. The Aquifers underlying the route are classified “ as generally unproductive except in local zones”.
Only one private water supply was identified within 500 metres of the proposed scheme. This is a spring and stream used to water animals at Kilross shown at property number 269 on figure 7.18 of the EIS.
The scheme will not affect two bogs, which are designated Conservation areas. One area of upland blanket bog has been identified at Meencrumlin between chainages 1400 and 2100. This is not a designated conservation feature. Without mitigation, the proposed scheme could lead to the drainage of the bog. Therefore, where the soft soils are extracted, these will be replaced with an appropriate medium, which maintains the present hydrological connection across the road without creating a preferential flow path that would drain the bog. The embankment construction will be designed to ensure drainage is maintained beneath the road. Consideration will be given at the detailed design stage to leaving any new cuttings in bedrock exposed to offer enhancement to local geological heritage and character.
Methodologies will be required to minimise the excavation of cuttings and handling of materials necessary to ensure satisfactory construction of the road. These will be prepared at the detailed design stage and will be included in the Environmental Operating Plan. Suitable drainage and pollution control measures will be adopted to minimise the potential impact of road drainage on groundwater quality. Swales and combined filter drains will be used in preference to other drainage systems.
He concluded: In summary, the proposed scheme is in an area of low geological and hydrological significance. Cutting will result in local disturbance to both the superficial and solid rock geology; however, no significant impacts have been identified. Cutting may also lead to some localised lowering of the groundwater table. However, the area of aquifer impacted is small when compared to the aquifer extent and the aquifer itself is of limited resource potential. Groundwater in the area is not widely used for water supply.
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Only one actively used private water supply has been identified which may be potentially be affected. Should this or any other supply be derogated, remedial works will be undertaken to replace the supply.
Suitable drainage and pollution control measures will be adopted to minimise the potential impact of road drainage on groundwater quality. An area of upland blanket bog will be crossed by the road. Consideration has been given to minimise hydrological and conservation impacts on this feature.
5.1.7 Evidence of Mr. Matthew Hague, Senior Projects Manager with Natura Environmental Consultants ltd. (Transcript Day 2 Pages 157-188).
Mr. Hague stated that he had prepared the Ecology Chapter of the EIS (Chapter 9) in conjunction with other ecological specialists which covers inputs on habitats, flora, fauna and fisheries. He said that the Methodology entailed surveys in 2002 and again in 2006 of Habitats. This approach is consistent with the advice set out in the guidelines for Assessment of Ecological Impacts of National Road Schemes.(NRA 2006).
A Bat Survey was carried out by Mr. Conor Kelleher.
Surveys for marsh fertillary butterfly and the globe flower were carried out. The National Parks and Wildlife Service were consulted.
The water quality of seven main water sources were assessed. A wide variety of Habitats were identified, classified and evaluated. These included pasture, various types of wet, dry acid and neutral grassland, bogs, woodland both commercial, semi-natural, scrub and hedgerows, tree lines and woodland type corridor.
An additional five designated conservation areas are located within 4 kilometres of the Preliminary Design. These are the River Foyle and tributaries cSAC, the Croaghonagh Bog cSAC, Meenagarranroe Bog NHA, Lough Hill Bog NHA and Cashelnaveen Bog NHA.
Surveys of otters, badgers, pine marten, red deer, breeding sites for hen harrier, golden eagle and kingfisher were carried out.
Watercourses were also surveyed.
The river Finn is a designated salmonoid water and is a candidate SAC. At the proposed crossing point of the River Finn, the cSAC boundary extends approximately 2 to 5 metres beyond the edges of the river channel.
The Burn Daurnett, a major tributary of the Finn, is also crossed by the route.
The evaluation of the seven watercourses and eight crossing points impacted by the Preliminary Design is summarised as follows:
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• One watercourse, the River Finn, is of international importance or A; • Six are of high local ecological value or C; • One is of moderate local ecological value (D).
Lough Mourne is an acid lake occurring at the western end of the Preliminary Design. It lies at approximately 167 metres AOD and covers an area of approximately 0.7 kilometres squared. The lake is drained by the Mourne Beg river which flows into the River Derg which is an independent tributary of the Foyle system.
The impacts were then assessed and mitigation measures proposed.
The Preliminary Design for the proposed crossing of River Finn cSAC is a three span structure with no piers set in the river. The piers will be constructed away from the immediate banks. There will be no in-stream working necessary, either temporary or permanent, and the river bank will be fenced off during the construction period for protection. All works carried out on watercourses will comply with the Guidelines for the Crossing of Watercourses During the Construction of National Road Schemes, NRA 2006.
Lough Foyle and tributaries cSAC will not be directly impacted by the Preliminary Design and with the mitigation measures envisaged in chapter 9 of the EIS there will be a no adverse effect on the integrity of this site.
There will be no direct or indirect hydrological or hydrogeological impacts on the three NHAs, Cashelnaveen Bog, Meenagarranroe Bog and Lough Hill Bog or the cSAC of Croaghonagh Bog. This is because these four protected bogs are on hills at elevations above the proposed route and are hydraulically disconnected from aquifer underlying the route. As such, the hydrology of these bogs will not be affected by the Preliminary Design.
Impacts on ecological sites:
For the eleven ecological sites identified along the Preliminary Design, the predicted impacts are as follows:
• Seven will be subject to potential major and negative impacts; • Three will be subject to potential moderate negative impacts; • One will be subject to potential minor negative impacts.
Potential impacts on all ecological sites will be reduced by a combination of minimising disturbance during construction, sensitive working practices and the reconnection of severed habitats through appropriate planting and habitat recreation. These measures are discussed in section 9.4 (Mitigation Measures) of the EIS.
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Impacts on other habitats:
Impacts on other habitats occurring along the Preliminary Design will mainly be minor negative due to the small area impacted or the low ecological value of the habitats. However, moderate negative impacts will occur on the area of scrub and wet grassland between Chainage 7700 and 7900 and on the areas of upland blanket bog/wet grassland between Chainage 1400 and Chainage 1700. There will, in addition, be an impact on the wet grassland at Chainage 9800 where it is proposed to locate storage compounds. This however will be temporary as the site will be rehabilitated on completion of construction and the impact is, therefore, rated as being minor negative.
The loss of hedgerows along the Preliminary Design will constitute a minor negative impact. The removal for the construction of the Preliminary Design will result in the severing of wildlife corridors but only small sections of hedgerow will be lost. The removal of the tree lines will have a moderate negative effect due to the high local ecological value of the tree lines present along the route. Mature trees provide a valuable wildlife habitat and the double tree line present along the large proportion of the disused railway acts as a linear and woodland type habitat of high local ecological value.
Impacts on fauna:
There are potential negative impacts for fauna as a result of the Preliminary Design because of disturbance during construction but also during operation. Loss and fragmentation of areas of suitable habitat for feeding, breeding, roosting and cover, severance of territories and creation of barriers to animal movement and isolation of populations.
Impacts on watercourses:
The Preliminary Design has the potential to directly impact seven watercourses. These include the main channel of the River Finn cSAC.
Mitigation for designated areas:
Best practice and the mitigation measures detailed in section 9.4.4 of the EIS will be adopted during the construction phase to minimise the risks of siltation or accidental spillage to the River Finn cSAC. The boundaries of the construction area will be defined at the outset of works with fencing to avoid accidental disturbance beyond the site.
Mitigation for ecological sites:
The working area will be defined at the outset by the erection of fencing to define the limits of site works. Any trees, tree lines or hedgerows that are to be retained within the site works will be protected in accordance with the Guidelines for the Protection and Preservation of Trees, Hedgerows and Scrub prior to, during and post Construction of
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National Roads Scheme (NRA 2006) and British standards BS3998:1989 Recommendations For Tree Work and BS5857:2005 Trees in Relation to Construction. Where habitat is being lost new semi-natural habitat will be created by re connecting severed tree lines and hedgerows.
Mitigation for fauna
All works pertaining to these will be done in accordance with the appropriate NRA Guidelines, e.g. otter, badgers, bats, passage of deer, etc.
Mitigation for watercourses:
All works carried out on or near watercourses will be in accordance with the "Guidelines for the Crossing of Watercourses During the Construction of National Road Schemes" (NRA 2006) and in consultation with the Loughs Agency and NPWS.
Bunds, siltation ponds, hydrocarbon and grit interceptors will be put in place, as appropriate, to control pollution and runoff. Bankside vegetation will be left intact where feasible. Adequate protection will be afforded by fencing prior to the commencement of any site works with the fence set at a minimum distance of five metres from the bank of the watercourse or at the edge of the woody canopy (whichever is greater) wherever instream works are not being carried out.
Provision for fish passage will be allowed for in all watercourses with evidence of, or the potential to support, trout. This will be in accordance with the Loughs Agency guidelines and requirements and the "Guidelines for Crossing of Water Sources During the Construction of National Road Schemes", NRA 2006.
The Rivers Finn and Burn Daurnett will be bridged. The Preliminary Design for the River Finn crossing is a three span structure with no piers set in the channel of the river. There will be no modification to the river banks and no insteam works. Angler and mammal passage will be unimpeded by the bridge and all works will comply with the "Guidelines for the Crossing of Watercourses during the Construction of National Road Schemes" (NRA 2006).
The Burn Daurnett will be bridged using clear span design so as to leave the natural bed and banks undisturbed and leaving a natural bank-path at each side for mammals and anglers again in accordance with the "Guidelines for the Crossing of Watercourses during the Construction of National Road Schemes". (NRA 2006)
All other watercourses crossed by the Preliminary Design will be culverted. Bridge and culvert design and construction will be as per NRA guidelines and will incorporate mammal passage facilities as appropriate.
Diversions of watercourses will not be carried out unless there is no practical alternative. Mr. Hague appended a letter from the National Parks and Wildlife confirming that they
05.HA0009/KA007 An Bord Pleanála Page 48 05.HA0009/KA007 Donegal County Council had examined the “flora and fauna” section of the EIS and that, in their view, the nature conservation issues had been adequately addressed in the draft section.
5.1.8 Evidence of Ms Faith Bailey, Senior Project Officer and Archaeologist with Irish Archaeological Consultancy (IAC) Ltd. (Transcript Day 2 Pages 188-203)
IAC was employed to produce the Archaeological, Cultural heritage and Architectural Chapter (Chapter 10) of the N13/N15 Ballybofey/Stranorlar Bypass Environmental Impact Statement (EIS). She described the study methodology, receiving Environment, Assessment of Impacts and proposed mitigation. Survey and consultation with appropriate bodies identified 38 Areas of Archaeological Potential (AAP) and eight sites of Architectural Heritage (AH) significance. Identified AAPs include 3 possible standing stones, one area of bog, three sections of possible prebog wall, three crop marks, 14 townland boundaries, three mounds and two raised earth platforms, possibly archaeological in nature and a river crossing. Archaeological testing carried out in 2005 assessed the potential of five of the 38 AAPs: AAP 8 blanket bog; AAP 9, a section of the prebog wall; AAP 32, a crop mark; AAP 38 and 39, raised earth platforms. These AAPs were deemed to be of no archaeological significance. However, it should be noted that since testing was undertaken the proposed route has now been subject to a small amount of change. As a result AAP 8 blanket bog will now be impacted on to a higher degree and will require further archaeological testing to assess its potential in advance of any construction.
There are eight sites of architectural heritage significance including features of industrial heritage interest within the 100 metres study area. Three of these are located within the road take and are judged to be directly impacted on, by the proposed scheme. Two of the architectural heritage sites identified are 18th century houses, AH 8 Edenmore House and AH 9 Tircallan House. Both main buildings are located approximately 110 metres and 103 metres respectively from the edge of the proposed Compulsory Purchase Order boundary. The proposed route does impact on the once attendant grounds historically associated with these two estates. These structures are listed in the draft National Inventory of Architectural Heritage and Edenmore House is listed as a protected structure within the Donegal Development Plan 2006 to 2012. The remaining 3AH sites directly impacted on by the proposed scheme are the sites of two ruined vernacular structures, probably 19th century built dwellings, AH5 and 7, and the 19th century now abandoned railway line AH1, which is impacted on at various locations along the proposed scheme's length. Three more AH sites are located within 55 metres of the proposed road and while not directly impacted an indirect impact can be assumed. These are the site of a pre-1830 millpond, AH 6, and two ruined 19 century dwellings, AH 3 and 4.
Archaeological testing will be carried out for all of the 27 remaining areas of archaeological significance that will be impacted by the proposed scheme. (6 outside the proposed landtake and 5 inside it have been tested) To date nothing of Archaeological significance was found.
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A total of eight AH sites were identified along or adjacent to the route. Attendant estate grounds historically associated with the two 18th century houses, AH8 Edenmore House and AH 9 Tircallan House, will be directly impacted on by the proposed route. The impact on both properties has been designated as slight. Three more AH sites are directly impacted by the scheme, two ruined vernacular structures, probably 19th century dwellings AH5 and 7 and the 19th century now disused railway line, AH 1, which is impacted at various locations along the proposed scheme's length. These impacts are classed as significant. While not directly impacted, indirect impacts on the further three AH sites located within 55 metres of the proposed road, AH 6, 3 and 4, range from imperceptible to moderate.
There are no operational impacts on archaeology caused by this road; however, during operation there is the potential for a moderate impact on the abandoned railway, AH 1, and it is crossed several times by the proposed scheme.
The proposed route will reduce traffic volumes on the existing N15 and N13. The reduction in traffic will lead to a moderate beneficial impact for buildings listed within the draft NIAH sited on the existing N15. The details of specific buildings cannot be given as the survey has yet to be published in full.
Geophysical survey will be undertaken at AAP23, 36 and 37.
In the event that any archaeological features are discovered, further strategies will be formulated following information received from the geophysical survey and test trenching programme.
With regard to AAP 25, an area of archaeological potential where the proposed route crosses the River Finn, the area will be inspected by a suitably qualified archaeologist prior to construction to determine the presence, if any, of archaeological material. In the event that any archaeological features are discovered, further strategies will be formulated following information received from the survey.
A written and photographic record will be made of the features identified at AH 1, AH 3, AH 7, AH 8, AH 9 and AAP 29. This will ensure that the structural remains to be impacted on will be recorded along with the setting of the structure feature within the landscape. A written and photographic record will also be made of AH 5, AH 6, AH 7 and AAP 16 and these will also be subject to archaeological test trenching.
With regard to the mitigation of the proposed route as a whole, appropriate levels of mitigation will be taken where appropriate to locate features that may lie within the road. This may include centre line archaeological test trenching, herring-bone trenching, site- specific trenching, total topsoil stripping, topsoil ploughing, field walking, topographical survey, geophysics, photographic and written surveys, archaeological monitoring and preservation in situ. This will be decided in consultation with the National Monument Section of the Department of the Environment, Heritage and Local Government to ensure preservation by
05.HA0009/KA007 An Bord Pleanála Page 50 05.HA0009/KA007 Donegal County Council record of features of archaeological interest that may be impacted on by the proposed route. To ensure proper management of the archaeological mitigation, all efforts will be made to carry it out prior to the commencement of construction.
Appendix 1 of Ms Bailey’s report replicates Table 10.2 of the EIS. One additional structure AH10, Moor View House in Teevickmoy Townland should be added. The NIAH have identified it as having local significance. It is located c.90 metres west of the proposed Kilross roundabout. It is recommended that a written and photographic record of the house within its current landscape be made. Deciduous broad leaf planting will be undertaken between the house and the proposed roundabout.
5.1.9 Evidence of Denis Kelly, Senior Planner, Donegal County Council (Transcript Day 3 Pages 4-23)
Mr. Kelly pointed out that this policy can be considered within the context of national, regional and county policies. In this regard it should be noted that the National Spatial Strategy, Regional Planning Guidelines for the Border Region, County Development plan 2006-2012, and the Ballybofey/Stranorlar Local Area Plan 2005-2001 are the relevant policy documents. This proposed road is part of the strategic National Road network within the County, and is part of the Strategic Linking Corridor between the Gateways along the western seaboard. A central part of the NDP 2007-2013 strategy will be the implementer of the Transport 21 investment programme. In particular, the ongoing development of the Atlantic road corridor from Letterkenny through Sligo, Limerick and Waterford is identified as a principal objective of the €17.6 billion roads sub programme. The proposed bypass is an integral part of the Atlantic road corridor. 2 Policies in the Donegal County Development Plan suggest the development of the proposed bypass.
Policy No TC1 Strategic Road Network Development
(1) Encouraging and promoting development of all major access routes into the county in association with authorities and bodies north and south of the border. The advocacy of the development of a motorway link from Dublin and Belfast to the North West in general and Donegal in particular as well as upgrading the Galway-Sligo-Derry link and also the Enniskillen-Ballyshannon link. The Council will take a lead in promoting these projects. He continued with regard to the proposal to construct a rail link from Sligo –Letterkenny to Derry stating that “The old abandoned railway link fron Sligo to Derry is no longer intact. It has been removed at several points. It is, however, of recreational /amenity value and the proposed route has been designed to maximize its continued recreational /amenity value. The proposed road is acceptable within the area of Especially High Scenic Amenity in the vicinity of Lough Mourne and will not significantly intrude on the view. The Ballybofey/Stranorlar Local Area Plan 2006-2011 also accepts the development of the proposed Bypass. The Bypass forms the southern boundaries of the Plan. The policies seek to protect the route of the bypass and limit direct access onto it once
05.HA0009/KA007 An Bord Pleanála Page 51 05.HA0009/KA007 Donegal County Council constructed. Policy T8 confers a buffer zone for the bypass by stating that the plan boundary is set 50 metres from the western road edge boundary of the bypass and where the plan boundary crosses the bypass route, lands located within 50 metres shall be zoned agricultural. The plan also limits vehicular access onto the Ballybofey link road to those access points identified on the land use zoning m ap. The Local Area Plan refers to the former railway lines in Section 8 and under Policy CO 16 states that it is an objective to ensure that significant sections of the former railway line are conserved intact, in order to safeguard their potential of longer term mixed recreational use.
Mr. Kelly concluded“ The Environment Impact Statement has examined the potential impact the proposed N13/N15 Ballybofey/Stranorlar Bypass may have upon the receiving environment and a suite of mitigation measures have been identified. I am of the opinion that the proposed road bypass accords with the National Spatial Strategy, Regional Planning Guidelines, County Development Plan and Ballybofey/Stranorlar Local Area Plan objectives and policies and is consistent with the proper planning and sustainable development of the area.”.
5.1.10 Evidence of Mr. Paul Hopper, Chartered Landscape Architect with RPS, Planning & Development Ltd (Transcript Day 3 pages 38-58)
Mr. Hopper stated “I have undertaken a landscape and visual impact assessment in order to assess the potential effects of the proposed preliminary design for the N13/N15 Ballybofey/Stranorlar bypass upon its receiving landscape and visual receptors” Mr. Hopper described the methodology and surveys used as being in accordance with DMRB and NRA guidelines for landscape effects and treatment. The assessment was confined to areas that would have a view of the scheme. The Assessment and Landscape Character Impact Assessment covered both day-time, night-time, construction and operational impacts. The assessment concluded that impacts would be moderate or slight or large adverse on the following sections Chainage 600-1900 Lough Mourne landscape character area (Moderate) Chainage 1900-4840 Coniferous woodlands Chainage 2300-2400 Open pasture within woodland (Slight) Chainage 2800-3000 Open pasture within woodlands (Slight) Chainage 4850-6700 Managed Agric. Landscape (Moderate) Chainage 46700-7900 Managed Agric. Landscape (Moderate) Chainage 7900-9050 Intensively Managed Agric. Landscape (Moderate) Chainage 9050-10100 Intensively Managed Agric. Landscape (Moderate) Chainage 10100-10700 South Slopes of Finn valley (Large) Chainage 10700-12200 Floodplain of Finn River (good quality landscape) (Moderate) Chainage 12200-13500 Managed Agric. Landscape (Moderate) Chainage 13500-13900 Kilcross roundabout with Public lighting (Large) Ballybofey Link Road 0-1100 Ordinary landscape (Moderate)
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Night-time impacts will be slight to Moderate throughout the scheme. Operational Impacts Eleven viewpoints were selected for analysis. Four of these will suffer a substantial adverse impact at year 15. Two more will have a Moderate to Substantial adverse impact. This will reduce to Moderate by Year 15. The remainder will have a slight beneficial impact. Night-time views for 4 will suffer a Moderate to Substantial adverse impact. The remainder will be slight to Moderate.
Mitigation and Residual Effects
Mr. Hopper stated mitigation proposed will conform to existing local landscape character e.g. open grassland woodland agricultural landscape. In open grassland strategy has been to re-instate the road verges to grassland in response to the open character of the receiving landscape. Conversely, as the preliminary design passes through the Croaghonagh Coniferous Woodlands (chainage 1900 to 4850) new mixed woodlands are proposed in response to its local landscape character, which is wooded. Specific landscape mitigation proposals for each landscape character area are defined within the EIS. Elsewhere, new woodlands/hedgerows are also proposed which will provide some longterm visual screening to views from a number of properties. Species mixes for the new areas of planting and seeding are based upon those in "A Guide to habitats in Ireland" (Fossitt 2000). Beyond Year 15, whilst planting will continue to establish and mature there will be a long- term direct impact on landform, field pattern and tranquility.
Mr. Hopper submitted a revised figure 7.19 (Sheets 1-5).
5.1.11 Evidence of Mr. John Bligh, Senior Agricultural Consultant with Philip Farrelly, Agricultural Consultants (Transcript Day 3 Pages 59-71)
Mr. Bligh stated that Philip Farrelly & Partners were appointed to assess the impact on each of the individual farms directly affected by the N13/N15 Ballybofey/Stranorlar Bypass, and to assess the macro effect of the proposed scheme on agriculture locally and nationally for inclusion in the EIS. He next described the Methodology, which comprised farm visits, inspections from the road and discussion with farmers. Effects during both the construction phase and the operation phase were assessed. Approximately 113Ha will be removed from Agricultural production out of a total of 230610 Ha of farmland in County Donegal. The main enterprise affected will be livestock based. The results for the 55 farms affected by the scheme are set out in Table 6.6 of the EIS, Summary of Individual Farm Assessments. The main impacts during the construction relate to construction noise, dust, restricted access to severed land parcels during construction, disturbance of field drainage works and of ducting. The main impacts during the operational phase are land-take, severance, removal of farm buildings and farm facilities and access to remaining lands.
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In summary he stated that the impact of the scheme would be felt by individual farmers and farm units rather than nationally or regionally. Of the farms with a significant residual impact, two farms are rated as severe and four farms have a rating of major. On each of the two farms with a severe rating the land parcels are small in size and represent all agricultural lands owned. In each case the entire land parcel would be acquired as part of the scheme.
The area of land being acquired for the road is not significant in terms of national agricultural area or the agricultural area in County Donegal.
In addition to the mitigation measures proposed as part of the overall development, each affected landowner is subject to the statutory code governing compensation for the acquisition of land.
5.2 RESPONSES TO THE LOCAL AUTHORITY
5.2.1 Mr. Rea read a statement on behalf of the Cladda-Church Road Group (Transcript Day 2 Pages 206 and 207)
1. The Claddagh Group recognises and acknowledges the work that Donegal Regional Design Office has put into reviewing the Claddagh Group proposal to keep the Church Road open.
2. The Claddagh Group accepts that this is subject to the statutory planning procedure and Donegal County Council acquiring the land and is a matter for Donegal County Council to commence the statutory process to acquire the land and progress the statutory planning procedure.
3. The Claddagh Group expects that the bridge will be constructed at the same time as the proposed bypass. However, should the NRA refuse to finance the bridge then the Claddagh Group will have to rely on the options available to them at that time to ensure that it occurs.
On behalf of the Claddagh Group I now withdraw their objection. I would wish to point out that it refers to the Claddagh Group only.
5.2.2 Submission of Mr. Canavan, Town Planner representing Dr. Denis McCauley of Edenmore. (Transcript Day 3 Pages 86-95)
This submission is made regarding noise at sensitive Receptor No T355. Mr. Canavan stated that his client’s house (T355) opposite Chainage 10600 overlooks the proposed overbridge over Edenmore local road. Because of the topography he was concerned that an amphitheatre effect might adversely effect his client’s property. He felt that a noise barrier was warranted to protect his client’s residence. He also felt that NRA guideline standards were inadequate to protect his client.
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Ms. Grant in response to questioning by M. Canavan assured him that the model took account of the road design and the local topography. She stated that the NRA guideline standard was the most appropriate one for Ireland.
5.2.3 Ms. Bailey questioned by Mr. Sweetman (Transcript Day 3 Pages 96-121)
Mr. Sweetman raised queries about the Cultural Heritage Value of the dismantled railway and Edenmore House. Ms. Bailey, in her replies, stated that the railway line was identified as AH1 and as having local architectural heritage significance. Mr. Kelly interjected that the railway was not intact any more. Ms. Bailey replied that Edenmore House (AH8) and Tircallan House (AH$) and Rockfield House were all of regional importance. The red route (proposed route) is 100 metres from Edenmore House and passes through “the once attendant grounds” of Edenmore House. She replied that the attendant grounds in front of Edenmore House are pretty much as they were in the 1837 map. However, the area through which the proposed road passes has reverted to pastureland. She described the impact on Edenmore house as “slight”. Mr. Sweetman did not agree with that assessment.
5.2.4 Mr. Skelton and Mr.Farey cross-examined by Mr. Sweetman. (Transcript Day 3 pages 127-168)
In reply to Mr. Sweetman, Mr Farey stated that the alternative access to the finished section of church Road would be improved and that passing bays would be provided where the width was inadequate to enable two heavy trucks to pass each other. The existing quarry on Church Road has paid a contribution to Donegal County Council and the section of the road west of the quarry had been strengthened and some of it had been widened to 5.5 metres. Mr. Skelton stated that some shopping would leak to Letterkenny as a result of the improved road access but that local shopping, town centre environment, road safety and tourism development would all have the potential to improve on completion of the bypass. Facilities in the Twin Towns would be sign posted on the Bypass. Mr. Sweetman stated that the towns of Ballybofey/Stranorlar should have been bypassed years ago. Mr. Shelton said that the whole north-west of Ireland needs radically improved road transport infrastructure “I think critically the whole north west region; Donegal, Sligo, extending to Derry needs radically improved road transport infrastructure and I know both governments are trying to address that. Other infrastructure that would be included, includes telecommunications infrastructure. I think rail infrastructure is very much a long-term aspiration because you have to get to Sligo first.” Mr. Rea stated “all my clients are in favour of the bypass but we want it done right and if it was done right in the first place we would not be here as long”
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5.2.5 Mr. Skelton/Mr. Farey cross-examined by Mr. Rea (Transcript Day 3 Pages 171-184)
In reply to Mr. Rea, Mr. Skelton outlined the Methodology used to collect information regarding business in the area, which included a postal questionnaire to 100 businesses. He stated that they were satisfied with the access to Patton’s quarry, which will be available to the severed section of Church Road. Mr. Farey replied that there were other options with regard to the re-routing of the North- West cycle route from Sligo to Derry which, currently, uses the Church Road. These were longer and on more heavily trafficked routes but they were available. He also stated that a traffic count on the Church Road showed that the existing volumes could be accommodated on a single trade road with passing bays. He said that the improvements would be within the existing boundary.
5.2.6 Mr. O’Donnell made a submission on behalf of Mr. Tim Murphy Plots 35A, 35B and 35C .
Mr. Murphy received permission for five sites in the 1980’s. He hoped to retire to this plot as he is from the Finn Valley area. His entire holding is being acquired by the CPO so he objects in principle, as his aspiration to return to the area will be thwarted.
5.2.7 Ms Ginnity cross examined by Mr. Sweetman (Transcript Day 4 Pages( 5 – 24 )
Ms. Ginnity’s answers were augmented by Mr Farey and Mr. Flanagan. Mr. Sweetman stated that he was not opposed to the bypass but he and his clients wanted it done properly. He was unhappy with the monitoring employed by Donegal County Council in one case on the Ballyshannon bypass. In reply to his questions, the hearing was assured that an Environmental Operation Plan would be prepared and this would employ sensible industry wide mitigation measures to reduce dust emissions during construction. NRA Guidelines would be complied with. Dust monitoring would be done visually and remedial measures implemented as appropriate. Some nuisance was inevitable and impacts would be temporary and greatest within 50 metres of the road works. Carbon emissions would increase by 12%, as a result of the scheme, population growth, and increase in traffic.
5.2.8 Mr. Hague Cross examined by Mr. Sweetman (Transcript Day 4 Pages 83-126)
In response to questioning and argument from Mr. Sweetman, Mr. Hague confirmed that there was high bat activity in the area and that it would take years to show that mitigation measures were successful. Mr. Hague stated that the cSAC covers the river and its bank only at the point where the proposed bypass crosses the River Finn. Mr. Sweetman submitted that the land on which the embankment and the bridge piers were being constructed had to be regarded as being
05.HA0009/KA007 An Bord Pleanála Page 56 05.HA0009/KA007 Donegal County Council designated as part of the cSAC as they were indistinguishable from some of the fields that were designated. Mr. Hague stated that details with regard to soil storage and replacement on a wet grassland site would be determined at the detailed design stage. Mr. Flanagan quoted Section 50(2) of S.193 0f 1999 “Identify the measures envisaged to avoid, reduce, and where possible remedy significant adverse effects” in advance of construction. Mr. Hague stated that pine martens would not be deterred by mammal proof fencing and that mitigation measures with regard to deer crossing, fencing, landscaping, signage will be considered at the detailed design stage. Mr. Flanagan submitted that mitigation is about significant adverse effects. Mr. Sweetman looked for guarantees from Mr. Hague concerning the protection of the banks of the River Finn during the construction stage, which were not forthcoming. The Inspector ruled that the request was unreasonable.
Preliminary (Day 5)
Mr. Sweetman sought the attendance of a representative of NPWS (National Parks and Wildlife Service) to answer questions about the designation/non-designation of areas within the River Finn cSAC. Mr. Flanagan replied that the Board must take the designation as it finds it, that Donegal County Council assessed the ecological and other values of all sites both designated and undesignated and that the Inspector would decide if he/she needed any information from a representative of NPWS.
Mr. Nolan then withdrew the objection by Mr. Anthony Doherty (instructed by Mr. Cleary)
5.2.9 Evidence of Mr. Hill Brown (Transcript Day 5 Pages 13 –23)
Mr. Hill Brown was concerned about how the original link, which was included in the preferred scheme, from the Navenny grade separated junction up to Coach Road was omitted. A decision was then taken to omit it and to construct an underbridge on Rockfield Road without any further public consultation. Paragraph 153 of the NRA project management guidelines tries to ensure that information is presented on the core issues of project description, environmental impact and mitigation measures. He felt that the decision did not take account of the NRA guidelines because detailed consideration and comparison of the options was not published in the EIA and account was not taken of the concerns of local residents. Rockfield Road is inferior to Daisy Hill/ McFeeley’s Brae road in both width and alignment. One section is only 5.9 metres wide between hedges. One house on Rockfield Road has its gable right on the edge of the carriageway. To exit the gateway a car must protrude 2 metres on to the carriageway to see oncoming vehicles. Traffic coming down McFeeley’s Brae will have to turn through a right angle at Knock Cross roads to go down the narrower and less trafficked Rockfield Road. In response to questions from Mr. Flanagan, Mr. Hill Brown accepted that the procedures were not being challenged by him. He felt that the option chosen to use
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Rockfield Road was not the best option and did not allow for persons from the McFeeley’s Brae area wishing to gain access to the Bypass. In response to Mr. Nolan, Mr. Hill Brown said he was concerned about safety on the Rockfield Road once it was widened and carried four times more traffic at greater speeds. He felt that the junction at the bottom of the McFeeley’s Brae with the Navenny Road could be improved and that the gradients could be flattened. He indicated that traffic from County Tyrone and County Fermanagh use McFeeley’s Brae to access Ballybofey/ Stranorlar as their local town. McFeeley’s Brae carries bout 2000 vehicles per day while Rockfield Road carries about 700 per day. Mr. Nolan read into the record that objection to the closure of McFeley’s Brae road (Daisy Hill road) had been submitted by Dr. Mitchell, Costcutters Stores, Killiter/Castlederg District, Board of Management of Glencullen school, Lafferty’s Bus Company, Mr. Gee’s, Marley Coaches, Meenreagh Social Centres , Foy and Company, Mc Hugh’s Jewellers, The Villa Rose Hotel, The Quinn Group, Derrylin, Navanny Guilds, Brian Crawford, 16 Millbrook Heights, Knock, Ballybofey, McElhinney’s, Ballybofey, and Cllr. Maguire from Castlederg. Mr. Nolan referred to a petition signed by 792 people in the general area objecting to the closure of Daisy Hill Road. A teacher from Glencullen school indicated that they have great concerns about the school bus going down Rockfield Road. She said that 54 of 69 pupils use McFeeley’s Brae every day to come and go from school.
Response by Mr. Paterson (Transcript Day 5 Pages (55-58)
The gradient of 7% on McFeeley’s Brae is over the last 400 metres and it is not possible to sort it out. The junction of McFeeley’s Brae with Navenny Road is complicated by the junction with Creamery Road, which is only 50 metres away. The underbridge proposed by Mr. Hill Brown will act as a sump and water will collect there. It is not possible to raise the main line because levels at the nearby Navenny Junction restrict the levels at McFeeley’s Brae so as not to exceed acceptable gradients. It is possible to improve Rockfield Road by including some pinch points at the narrow sections. The junction of Rockfield Road and Navenny Road can be made safe. Because gradients are better the situation for the school bus will be better. To close Rockfield Road and keep McFeeley’s Brae open would create greater community severance because there is a greater spread of houses on Rockfield Road. Mr. Paterson stated that the underbridge could be drained but it would require pipes 7 metres deep and that the connecting surface water sewer would have to change the gradient all the way down several hundred metres and affect properties along the way. Mr Sweetman stated that the omission of the link road from Coach Road to Navenny grade separated junction could be regarded as a material contravention of the Development Plan as it is shown as an objective of the Plan.
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Preliminary
Mr Sweetman asked that the planner bring a specific file (No. 038599) to the hearing. He asked that a representative of Duchas attend to answer questions about the eSAC – Finn River designation. The Inspector referred to a report from the Parks and Wildlife Service dated 28 th May, 2008, which had been received a copy of which was available. The Inspector indicated that he could not require any further response from NPWS. Mr. Sweetman withdrew to get legal advice.
5.2.10 Ms Grant cross-examined by Mr. Searson (Transcript Day 6 Pages 11- )
It was indicated to Mr. Searson that mitigation measures were set out in Tables C and D of Ms Grant’s Brief of Evidence. In reply to Mr. Searson, Ms Grant indicated that she had assessed how the road scheme will impact on houses in terms of the “Lden”parameter. The final EIS is based on NRA guidance document finalized in October, 2004. The road had been designed for 60dBLden criteria, which she regarded as the most appropriate for Ireland. The scheme had been designed for hard ground, which she considered the worst-case scenario.
5.2.11 Submission of Mr. Searson (Transcript Day 6 – 28-38)
Mr. Searson referred to a number of sensitive receptors, who were his clients (T391, T360, T348, T262, T377, T336, house at Chainage 5100, T362, a house under construction at Chainage 14200 west. He required a nighttime limit (11p.m.-7a.m.) in a quiet bedroom of 30dB(A). He advocated the use of noise barriers of up to 4.5 metres high. (Typically 2.5/3metres he regarded as very effective). Ms Grant responded that to achieve the mitigation sought by Mr. Searson would require very high, expensive barriers, which would make the road feel like a tunnel. Mr. Searson felt that the standards advocated by him were very worthwhile.
5.2.12 Ms. Grant cross-examined by Mr. Rea. (Transcript Day 6 Pages 45-85)
In reply Ms Grant stated that the mitigation measures proposed in the EIS had been reduced in her evidence for a number of reasons. Speed limit on the link road will now be 50km/hr instead of 110km/hr in the EIS. Barriers had all been designed to achieve the design goals of 60dBLden. Predicted traffic volumes for the design year are slightly lower. Mr. Farey stated that Type 2 Dual Carriageway was still justified on the basis of the revised projections. They are taken over a long period based on high growth for the economy.
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Mr. Rea then referred to a very sensitive location because of the medical condition of the people involved. He asked if, because of heights of 2.5 metres by a couple of hundred metres long were being proposed, were the Council bound to provide these. Mr. Flanagan replied that a mitigstion strategy was being proposed and this could be achieved in a number of wayse.g. by barrier or by bund or by using a low noise road surface and that the County Council would be asking the Board to approve the Schedule of measures which are being proposed. The Board had, in the past, conditioned that a specific barrier be provided. Mr Rea could request that work be done in a particular way. Mr. Searson recommended that the noise mitigation measures be made subject to certification, by a competent engineer, after the opening of the scheme. Mr. Searson suggested that the Council should make special provision for the family with specific medical problems and take appropriate action. Mr. Rea requested that the house be purchased by agreement on a voluntary basis.
5.2.13 Ms Grant cross examined by Mr. Sweetman Transcript Day 6 Pages 85 and 86)
In reply Mr. Flanagan stated that information on noise was not supplied to the National Parks and Wildlife Service relevant to Noise effects on the River Finn cSAC. Mr. Sweetman raised the precedence of European Law on Irish Legislation. He said that he had been mislead, he had been told that Duchas had not made a submission when in fact, they had. He wished to examine the Duchas representative. Mr. Flanagan replied that it was a matter for the Board to satisfy itself with regard to the Environmental Impact Statement. The Inspector indicated that if Mr. Sweetman had questions he wished to address to Duchas that he should submit them to the Inspector who would then decide if they were relevant to the Hearing.
5.2.14 Mr. Hopper Cross examined by Mr Rea (Transcript Day 6 Pages 96-155)
Mr. Rea raised queries about a number of his client’s properties referenced P23, P54B, P57, P58, P68, P69, P100, P177, P244, P245, P259, P192 and P226, P195, P237, P238, P259, P199. In reply, he was told that there would be a maintenance period in the contract and that sufficient payment would be retained to remedy defects. The landscaping would respond to the landscape character at each location. Minor modifications would be acceptable. Small planting has a better success rate, light standards could be used. Landowners would be consulted. Up to 15% of conifers could be included to achieve a particular result. The County Council would not provide landscape mitigation for a potential site. Whips and transplants up to 1.25metres, would be used.
5.2.15 Mr. Hopper cross examined by Mr. Sweetman (Transcript Day 6 Pages 156- 179)
The following replies were made. Mitigation proposals are set out in paragraph 7.4 of the EIS. If the proposed scheme is approved those measures become part of the scheme. Land take is to be minimized between Chainage 6400-6500, 10000-10140 and 12230
05.HA0009/KA007 An Bord Pleanála Page 60 05.HA0009/KA007 Donegal County Council and 12250 to limit direct impacts on existing semi natural woodland. The proposals for the vegetation types are based on the results of the ecological survey and also on the Fossitt book “Guide to Habitats in Ireland “ by Julie A. Fossitt published by the Heritage Council, 2000.
5.2.16 Mr. Rea made a submission (Transcript Day 6 Page 179- )
This submission was regarding suitable conditions that the Board might attach to mitigate noise at sensitive receptors. Installation, construction, fabrication of noise mitigation measures to be certified by a competent qualified consultant. A Survey to confirm the achievement of mitigation measures to be similarly conducted by the same consultant for both night and day time. Remedial measures to be carried out where indicated by the survey to comply with standards set out in Mr. Searson’s submission. Directly affected property owners to be consulted in relation to final design. Where mitigation measures were effectively withdrawn in evidence, no mitigation is now proposed. The developer/County Council have not complied with EIA 85/377 because the mitigation measures are indicative only.
Day 7 a.m. Preliminary
Mr Sweeman again requested to question a representative from National Parks and wildlife Service concerning the designation/non-designation of areas as part of the cSAC. Mr. Sweetman said that there was no scientific certainty in the report furnished by NPWS. The Inspector asked that any issues with the NPWS report be put as a submission.
5.2.17 Mr. Kelly cross-examined by Mr. Sweetman (Transcript Day 7 Pages 12-70)
Mr Sweetman and Mr. Morrissey raised queries concerning a group of houses at Chainage 7200 North of the overbridge at Carrickmacgrath. In reply it was stated that the road will be raised behind some of these houses by up to two metres. Donegal County Council will replace some of the back walls with retaining walls, and will not obstruct the visibility splay at the entrance to the housing scheme. In addition, planting will be provided as screening and safety barriers will be erected where warranted. The local road at this location will be designed to NRA Standards. Mr Sweetman raised queries in relation to McFeeley’s Brae. In reply to Mr. Sweetman , Mr. Kelly stated that the objectives in the Local Area Plan were to protect the route of the Bypass not to set out how the road might be constructed. Mr. Sweetman then referred to Edenmore House. Mr. Kelly said that he was satisfied that the proposal does not contravene the Built Heritage Section of the County Development Plan on page 93.
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5.2.18 Mr. Kelly cross-examined by Mr. Rea. (Transcript Day 7 Pages 70-78)
Mr. Rea queried the extract of the 50 metre buffer zone around the Bypass as this would have a bearing on the level of compensation later. Mr. Kelly referred to policy T8 and T6 of the Ballybofey /Stranorlar Local Area Plan. The 50 metre would extend from the edge of the hard shoulder. Mr Kelly felt that it would not apply to the link road. The Plan States “On completion of the Compulsory Purchase Order procedures the relevant routes shall be superseded by the extent of the CPO and may be subject to change”.
5.2.19 Mr. Bligh and Mr. Paterson cross-examined by Mr. Rea (Transcript Day 7 Pages 78- 94. Part 2 Pages 4-37)
Mr. Paterson indicated that an alternative access could be provided to Plot No. 3 outside of the scheme. Mr. Paterson said that the underpass at Chainage 4280 was needed to provide local access to severed land. Mr. Paterson confirmed that access was being provided to Mr. Gillespie’s severed land. Mr. Paterson confirmed that the proposed bridge over the River Finn will not have a direct or physical impact on the banks at any point under the bridge.
5.2.20 Submission by Mr. McDermott (Transcript Day 7 Part 2 Pages 50-73)
Mr. McDermott showed a video, which he had made of a flood on January 7 th and 8 th , 2005. He explained the images on the screen.
5.2.21 Mr. Evans cross-examined by Mr. Morrissey. (Transcript Day 7 Part 2 Pages 50-73)
Mr. Evans explained that the route was selected on the basis of a number of constraints and that it is quite common to cross flood plains with roads on a combination of bridges and embankments. The flood estimation made in this case is based on a 1 in 100 year flood. Estimates are conservative, on the high side and a 20% allowance was made for climate change. In addition more than 300mm freeboard has been allowed under the proposed bridge on the River Finn. Adequate provision has been made for flooding on the unnamed stream at Treanamullin. In fact flood levels in Mr. McDermott’s garden will be reduced by 22cm. Water displaced by the roundabout and embankments will be absorbed within the wider flood plain. Mr. Evans stated that there will be no negative impact from the scheme on land upstream of the N15.
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5.2.22 Mr. Evans cross-examined by Mr. Rea. (Transcript Day 7 Part 2 Pages (73- 89)
Mr. Evans stated that there is over half a metre of freeboard difference between the extreme flood level and the finished floor level of Mr. McDermott’s property. The flood estimation model does not take account of possible future development even on zoned lands. Mr. Paterson said there is no reason to insert a culvert on the embankment in addition to the bridge span. Properties P147 to 165 on the fringes of the flood plain at Navenny are not at risk as they are significantly above the flood level. Mr. Evans stated that eight of the culverts were designed on the basis of a 1 in 100 year flood. All were designed on the basis of a 1 in 25 year flood. However, many of these were well in excess of that because a minimum size of 1500mm was being used. None will impact on property or infrastructure. Mr. Fairman submitted that incoming tides affect the flood level at the proposed river crossing. Mr. Evans, in reply to Mr. Fairman, stated that tidal effects (as far as Castlefinn) were implicitly included in the analysis used for the scheme. The flood flows would not be held back by the tide. Mr. McGowan referred to his property at Dreenan/Edenmore. He had concerns about noise, landscaping and flooding of his land due to developments upstream channeling water into the River Finn. Mr. Paterson replied that Mr. McGowan’s concerns were considered. He identified the property as being at P175 on Fig. 7.18 and T385 on Fig 12.2 Mr. Meehan lives near the Edenmore underbridge. Vehicles accelerating up from the River Finn will be using their gears and thus making more noise. He was also concerned about the drainage ponds. Mr. Paterson responded that Drainage ponds will not cause a smell or pollution problem. Mr. Meehan queried Mr. Evans about the extent to which developments in Ballybofey /Stranorlar had been included in the analysis. Mr. Evans said that some had been included.
N13/15 Ballybofey/Stranorlar Bypass Day 8 AM
5.2.23 Mr. Rea requested that engineering mitigation works be carried out behind the Quinn houses at Carrickmcgrath in the following terms
Detailed drawings to be prepared Final entrance to comply with Planning Conditions. Retaining wall to be constructed as per drawing conditions File Ref No 2004 PS/196 Donegal County Council Conditions Nos 9, 9 ( c ) and 8(a). Green coated palladian fence 1.5 metres high to be erected on top of retaining wall (at least 2.1 metres in height above the back garden level). Adequate crash barriers to be erected.
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Landscaping to give privacy but without undue shadowing or loss of sunlight. Street lighting not to interfere with the householder’s enjoyment of their dwelling and amenity area. Treble glazing to be provided if required by the owner. Owners to be indemnified with respect to 10 year Home Bond Structural Guarantee. The following mitigation was sought with regard to flooding at the River Finn crossing : Open eyes – at least 8 to be provided. Water attenuation storage to be provided under the roundabout embankments to replace 80% of the flood water displaced by the construction. Connect the overflow from the Lifford Road crossing directly to the unnamed stream downstream of the new road and install a flow control weir. The outfall from the proposed attenuation pond at Chainage 117600 to 11900 to go directly to the River Finn. All culverts to have the same cross section as the culvert under the old railway. All drainage culverts to be designed for the 1 in 100 year event. Final design to take account of impacts on River morphology caused by tidal effects and the new road from Stranorlar to Lifford. Mc Carthy Hyder to be retained for this design. Flood warning scheme to be put in place.
Mr. Pattison stated that the entrances to the McDermott and Coll farms were acceptable from a road safety point of view. Ghost islands/turning lanes could be provided if intensity of usage increases. The entrances were not from a green field development, and so were acceptable to NRA. Visibility would be much better and the roundabout will cause traffic to slow. An underpass at this location under the dual carriageway North of the existing N15 (for farm traffic) would create difficulties for drainage from the nearby attenuation pond.
5.2.24 Mr. Evans replied to Mr. Morrissey’s proposals regarding the flooding issue, that Open arches not necessary Flood-water storage not necessary The proposed overflow will not benefit drainage upstream of the existing N15. Direct flow to the River Finn would require construction works that could interfere with the River Finn cSAC. The banks of the Finn and the levees will not be touched during construction. The culverts have been sized appropriately. All will have a minimum of 1500mm diameter. All watercourse crossings will require OPW consent under Section 50. Existing commitments will be written into the contract and will be part of the section 50 consent application. Flood warning system would be entirely inappropriate. Several of Mr. Morrissey’s suggestions may have the potential to affect third parties in terms of increasing flood risk.
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5.2.25 Mr. Evans cross-examined by Mr. Sweetman. Transcript Day 8 am Pages 67-95.
In response to Mr. Sweetman, Mr. Evans stated that a 1 in 2 year flood would stay within the riverbanks. A 1 in 100 year flood could occur more frequently than that. The indications are that a 1 in 100 year flood occurred in either 1984 or 1990. After lunch he explained that the model predicts that in a 1 in 100 year flood at the river crossing Total flow is about 580 cubic metres /sec Total flow in channel 475 cubic metres / sec Total flow on right bank 58 cubic metres /sec (Southern floodplain) Total flow on left bank 45 cubic metres /sec (Northern floodplain) This flow can pass under the 45 metres bridge span on the flood plain while some of the obstructed flow from the Southern will pass to the Northern bank.
5.2.26 Mrs. Murphy made a statement (Transcript Day 8 PM Pages 9-10 and 18-20)
That the embankment contains the water, at that point it does not come over the levee. Mr. Evans explained that the flood event that he had mapped would be more extensive than those witnessed by Mrs. Murphy. Mrs. Murphy further stated (pages 18-20) Edenmore House is a protected structure, which has been well maintained. She is baffled by the proposal to cross the flood plain at this point. Heavy rains upstream can cause flash flooding from Dreelan bridge, down to and past Edenmore, Treanamullin and finally she felt that the proposal would destroy an historical, sensitive and well maintained listed Georgian property. Mr. Sweetman submitted that no proper assessment was done of the effects on Edenmore House and its setting and would materially contravene the County Development Plan and the Architectural Heritage section of the Planning and Development Act, 2000.
Mr. Rea then referred to the link between Coach Road and the Navenny roundabout, which is no longer proposed. He acts for the owners of Plot Nos. 31, 32 and 38. They and the owner of Plot No. 30 are prepare to make the land available, by agreement, to enable the link to be re-instated.
5.2.27 Mr. John Cromie, Carrignagrath, made a statement concerning the dismantled railway (Transcript Day 8, afternoon, Pages 26-38
The preliminary design closely follows the route of the dismantled railway for about 8Km from Navenny westwards to Lough Mourne. The railway corridor is largely in tact despite the removal of the rails and sleepers. The line of the railway is defined by mature well-developed hedgerows, which are an important landscape feature. It is an objective of the Ballybofey/Stranorlar Local Area |Plan “to ensure that significant sections of the former railway line are conserved in order to safeguard their potential for longer term mixed recreational use”. The County Development Plans seek to protect the architectural heritage of Donegal and hedgerows as natural heritage corridors.
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The proposed scheme will have direct impacts on the Railway between chainages 1150 and 1190, chainage 1190, chainage 2900, between chainages 4800 and 5250. The link road also affects the railway line. About 3000 metres of the old railway line will be lost. It will be cut at four points. He recommended that (1) The final design phase should protect the integrity of the former railway. (2) The by-pass should include the sensitive development of the former railway corridor as a walking/ or cycle/ or bridle way. (3) Heritage, community, wildlife, walking and tourism representatives be included in the consultation process for the final design. (4) Where the railway corridor cannot be avoided then an alternative contiguous planted corridor should be provided by way of mitigation. 5.2.28 Mr. Paterson cross-examined by Mr. Cromie. (Day 8- Afternoon, Pages 39- 51)
In reply to questions Mr. Paterson confirmed that where one half of the railway was being removed that another row of trees would be planted (Chainage 4850- 5300). When the railway corridor is severed mammal passes will be provided to retain the corridor. The brief does not include the provision of a walkway.
5.2.29 Mr. Kelly cross-examined by Mr. Cromie (Transcript Day 8-Afternoon Page 51-59)
Mr. Kelly restated that significant sections of the railway will remain intact. In areas where it is affected mitigation measures will be put in place.
Mr. O’Donnell then referred to his clients in alphabetical order and cross-examined Mr. Paterson .
5.2.30 Mr. Paterson cross-examined by Mr. O’Donnell (Transcript Day 8-Afternoon pages 62-87)
Re plot 33 a and b, Neil and Maureen Faulkner, Mr. Paterson confirmed that an entrance could be provided to a gradient of 1 in 10 within the proposed scheme. With regard to Hugh and Sarah McGee, Plot No. 57, 58 A and B, Mr. Paterson accepted that part of the foundations of the structure may lie within the land taken by the CPO. The Council did not intend to carry out any works on the structures. The structure would be surveyed before work commenced in the vicinity and any damage would be repaired. Re/Eamonn McMenamin Plots 38 A and B, Mr. Paterson stated that access could be provided to Plot 38A from the realigned side road. Re/Eddie McMenamin Jr., Plot 42, Mr. Kelly stated that the provision of an entrance to a future development would be determined at that time. Re/Plot 46, Martin McMenamin, a triangular area of .125Ha will remain severed and without a feasible access. This will be a matter for compensation. Mr. Paterson explained the structure of a generic attenuation pond in response to questions from Mr. O’Donnell regarding Pond No. 10.
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Re/Dr. Pauric Mitchell, Plot No. 60 is being excluded from the CPO. Re/Tommy and Carmel Mulligan, Plot 34 A and B, near Quinns, the Council have agreed to replace an embankment with a retaining wall of about 3 metres. Mr. O’Donnell favoured a condition that was not too prescriptive. These will be scheme works and not accommodation works. These works should be done as preliminary works. Re/Paul.ine and Tony Quinn Plot 68A and B, part of the retained lands zoned residential. Mr. O’Donnell sought a condition to mitigate noise from the embankment, which could vary in height. Mr. Paterson stated that it would be in the contractor’s interest to keep the embankment to the minimum height. Re/Olive and Gordon Scanlon, Plot 101F, Mr. O’Donnell submitted that these people had a particular medical condition. Mr. Paterson stated that he was not aware of their medical condition but that the contractor could control dust in the vicinity of the property. Mr. Paterson agreed that employees on site could be made aware of the issue and that they would deal with the property in an appropriate manner. Re/William Woods, Plot 93A to G, who keep horses. The Council have given assurances regarding access, egress, boundary treatment, construction work, realignment to a laneway to Mullalary Woods and access to water (for the horses). Re/ Mrs Ann Morrow, Plot Nos. 10B, 11, 77, 79A to D, has difficulty with the Council’s proposal to provide an overbridge on Church Road, independent of the scheme. She was not consulted in advance, she was prepared to liaise with the Council, would agree to the relocation of the Attenuation Pond No. 16. She would prefer an underpass. Mr. Flanagan stated that the County Council wish the Board to decide on the scheme as proposed and in subsequent discussion reference was made to the approach adopted by An Bórd Pleanála in the case of the Portlaoise by-pass. In that case the Bórd made a strong recommendation. Re/Martin McMenamin Plot 38A, Mr. Paterson indicated that access could be provided for agricultural use. (See Map – Eamonn and Martin McMenamin’s property- Map 1 Site Location) Mr. O’Donnell applied for costs for his clients on a one cost for all because Day 1 had to be adjourned and because all his clients sought to resolve issues with the Council. He also asked that the Bórd add appropriate conditions to address the issues as if the development were being proposed by a private developer and to make the development conform to the plan. Mr. Sweetman referred to submissions that he made in the case of the New Ross by-pass and that the impact of the proposed scheme on Edenmore House and attendant grounds was not adequate.
5.2.31 Day 9 Re/ Eddie Gillespie, Plot No. 20, Chainage 6700
Mr. Rea queried the width of the access vis-a-vis the zoning of the land. Either the Council would have to provide access of adequate width or compensate Mr. Gillespie. He was answered that the gradient at the entrance was adequate.
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Re/ William and Philomena Roarty, Chainage 14,800. The house is very close to the proposed road. Dust poses a problem as they have asthma. He was answered that the Council would agree to mitigate the difficulty. Again the Council agreed to carry out a structural survey and to replace any wall that is damaged.
5.2.32 Mr. Paterson was cross-examined by Mr. McDermott and Mr. Rea. Transcript Day 9, (Pages 19-39).
Mr. Paterson stated that Pond No. 13 was being omitted. Heavy rain would not cause a problem as the outfall from Pond No. 14 will be regulated. Traffic through the Stranorlar roundabout, Chainage 11800-11900 on the N15 will be reduced by 58%. An underpass under the By-pass would not be needed. The proposed entrances to both Colls and McDermott’s area would be built to the DMRB standards (Design Manual for Roads and Bridges). Safety barriers will be provided where warranted. The layout will be subject to a road safety audit. Some land may be handed back to Mr. McDermott.
5.2.33 Mr. Kelly cross-examined by Mr. Rea. Transcript Day 9. (Pages 39-62).
Mr. Kelly and Mr. Flanagan confirmed that there are indicative building lines for local, regional and national roads in the County Development Plan. These are always subject to local considerations such as existing building lines, streetscape considerations, traffic safety and the requirements of proper planning and sustainable development on a case by case basis. Each Planning Application would be considered on its merits. Mr. Kelly stated that adequate land had been zoned between the by-pass and the twin towns. Mr. Rea asked that provision be made for a possible future sewer within the new dual carriageway to provide services for possible future development. Mr. Flanagan responded to queries raised by the Inspector as follows: 1. A link road could be provided, at some future date from the Coach Road to the roundabout at Navanny, Chainage 8400-8800. 2. An underbridge at the McFeely’s Brae (Chainage 9050) would require additional land outside the scheme. 3. An underbridge at McFeely’s Brae would require a deep drainage sewer, up to 10 metres deep down McFeely’s Brae for a distance of about 300 metres to meet existing roadside ditches. 4. The frequency of flooding at the River Finn’s crossing will not increase for the one in two year’s flood. The one in 100 year flood can be expected to have a frequency of around one in 95 years. Upstream, the frequency at Dreelan Bridge will remain unchanged. Any increase in the duration of flooding will be negligible. At the Burn Davnett crossing the one in 100 year flood can be expected to have a frequency of one in 70 years at a location immediately upstream of the embankment. 200 metres upstream, the frequency of flooding will remain unchanged. The duration of the one in 100 year flood will increase by around one hour as a result of the scheme.
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Mr. Sweetman stated that a proper flood survey will have to be done.
Mr. Martin Gallagher, Donegal County Council read the proposed amendments to the CPO Schedule into the record (Pages 76-83).
Mr. Rea said that the ownership of Plot 83a and b was in dispute. Amended maps were also prepared showing reduced/changed areas. Mr. Rea indicated a change of name of owner for Plot 513 a and b may be necessary as ownership was being transferred and would be confirmed , if appropriate, by the solicitor.
5.3 CLOSING SUBMISSIONS
5.31 Mr. Rea indicated that the following would not be withdrawing their objections :
John Gallagher, 1D7 required a pipe for a sheep underpass. Underbridge and approach roads leading to Coillte lands 1D5B should be omitted.
Thomas Pierson 1D9 and John Byrnes 1D10 require an underpass 2 metres x 2.5metres x2metres wide, required for livestock and cars.
Samuel Long also needs a 2 metre pipe to facilitate his enterprise of training sheepdogs.
Josephine Gallagher’s house is being demolished and she needs a 2 metre high noise barrier and broad leaved landscaping fron Chainage 6000-6250.
Eddie Gillespie 1D20 referred to above at the start of Day 9.
The Quinn house cases at Chainage 7250 are under discussion with County Council officials. John Patton 1D 21 requires noise mitigation.
Nuala and Peter Murphy 1D51, Edenmore House, have issues regarding flood design, protected structure, material contravention of the County Development Plans and the correct height of the levee was not recorded by the Council’s expert.
Mrs. Coll 1D53 issues re flood design, road access and safety.
Pat and Ann McDermott 1D54, issues re flood design, attenuation culvert size and mitigation submission, access to zoned lands and an underpass.
Tony Patton and the Patton Quarries 1D12 issues re Church Road access, noise mitigation and hedgerow retention.
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Mr. Scanlon and family 1D101, issues are impact on the house, health issues, gradients to the house, landscape mitigation, and a proper assessment of the human beings was not done as part of the EIS. This house should have been included in the CPO.
Sean Flanagan, at the start of the scheme, his access on to the National Primary Road should have been closed.
Navanny Development Ltd. CPO 513 a and b are under discussion.
Noise mitigation required and also required for lands zoned residential e.g. Michael Mallen, 1D17, Chainage 5950; at existing house in Navanny between McFeely’s Brae and Chainage 9175. Better noise standards should apply to the Council’s own developments.
Adequate access to zoned lands should be provided e.g. Eddie Gillespie and Ann McDermott
Access East and West of the Stranorlar roundabout should be improved, even a small underpass would be desireable. Roundabout could be moved to the South, by agreement, this would improve safety. Flood mitigation measures put forward should be incorporated into the scheme.
The County Council must be capable of making the Contractor comply with requirements of An Bórd Pléanála consent. Further information is needed to get the scheme amended.
Mr. Rea said his clients wanted the road but they wanted it built properly. Finally, he asked that the Inspector recommend the proper professional fees for the team of experts who represented his clients.
5.3.2 Mr. Brendan McFeely, Daisy Hill, Chairman of the By-pass Committee which was set up under the auspices of the IFA, owner of Plot Nos. 46, 55, 500 made a statement.
The functioning of the national road network is important but the CPO causes immense disruption and hardship to those farmers who provide the land. The Hydrologist and An Bórd Pleanálá should take on board local knowledge regarding flooding.
5.3.3 Mr. Sweetman made a closing statement
All of the land abutting the Finn river is the same ecologically and should have been included in the eSAC.
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Similarly, the upland Blanket Bog, between Chainage 1400 and 2100 is a priority habitat and should not be interfered with at all. The route selection did not give adequate consideration to environmental considerations. Human beings were not adequately considered in the EIS. The development of the Stranorlar/Lifford road has been prejudiced by the location of the roundabout at Chainage 11600-11700. The flooding study is fundamentally flawed. Floods were recorded 13 times in one year despite the model projections. Secondly, the levees are almost 2 metres high at all points near the proposed river crossing. An Bórd Pleanálá refused permission for a development on the River Swilly floodplain at Letterkenny (File Ref. No 05D 226177) because it would reduce the flood storage area, conflict with the policy of the planning authority and constitute an unacceptable risk of flooding. He referred to the Jacobs Environmental Review and the Jacobs Landscape Site Inspections, January, 2008 of the Ballyshannon by-pass. There is no adequate enforcement system to enforce a decision by An Bórd Pleanálá, to grant consent for this project. With regard to the Church Road, the alternative route proposed in the scheme is inadequate in width to accommodate two-way traffic and will be a traffic hazard. He discussed the issue or “reasonable expectastion” in the context of the Patton Quarries and cited Mrs. Justice Denham, in the case of Harrington V’s the E.S.B. The public are entitled to rely on the Development Plan for an area (McGarry V’s Sligo Co. Council and Wicklow Heritage Trust V’s Wicklow Co. Counci. The Council should not, therefore, hinder proper access to lands, which are zoned for development, e.g. residential, industrial. He then cited EU cases c-137/06, c-215/06, c-417/07, where Ireland was found to be in breach of its obligations under directives 2002/49/EU, 85/337/EEC, 2003/35/EC, 96/61/EC. He then submitted the consolidated text of Directive (85/337/EEC) on the assessment of the effects of certain public and private projects on the environment. He then cited the Waddenzee case, which stated that all aspects of a project, in conjunction with other projects that affect a site’s conservation objectives must be identified in the light of the best scientific knowledge in the field. No reasonable scientific doubt should remain as to the absence of such effects. Mr. Sweetman then referred to case c-183/05 where Ireland was found to have failed to comply with Art. 1.2(1) of Directive 92/43/EEC with regard o the Conservation of Natural Habitats and wild flora and fauna – Protection of Species. He also referred to Case c-244/05 known as the Bund case, which found that member states must not authorize interventions, which incur the risk of seriously compromising the echological characteristics of a European site, but they must also take all measures necessary to avoid such interventions. This approach must also apply to “sites, which, on account of their characteristics should be included in the Community List”. He went on to list the items which he included on a USB which he handed to the Inspector. These included Attorney General, Frank McGarry and others V’s Sligo ~Co. Council, Supreme Court 1985.
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Environmental Impact Assessment. List of EU Judgments. Review, guidance and scoping and guidance and screening. The entire Bórd Pleanálá Letterkenny Case 05D 226 177. 10 photographs shown during the oral hearing. Jacobs Environmental Reviews. Interpretation Manual of European Union Habitats- Eur 25, April 2003. Schedule of Environmental Commitments on which Mr. Sweetman highlighted phrases which should be taken out e.g. “will be developed”, “where possible”, “where appropriate”, The Disposition of waste has to be dealt with in the EIS. The Carl Kent decision on the Portlaoise by-pass. S.J. No. 93/1999 European Communities (Environmental Impact Assessment) (Amendment) Regulations 1999. EC Study on Indirect and Cumulative Impacts as well as Impact Interactions Vol 1 and Vol 2. Circular letter PD2/07 and NPWS1/07 Complance conditions in respect of developments requiring (1) Environmental Impact Assessments (EIA) of (2) Having potential impacts on Nature 2000 Sites. Mr. Sweetman concluded that the only way the Bord could proceed was by way of further information under Articles 33 of the Planning and Development Regulations, 2001 as inadequate information had been submitted.
5.3.4 Statement by Mrs. Theresa Gillespie
Mrs. Gillespie lives south of the Feely’s Brae. She uses the road up to 10 times a day, works for the HSE in the care of elderly and housebound people in the area. The closure of McFeely’s Brae will cause serious problems for emergency and ambulance services etc. The longer Rockfield Road is not as safe and will cause delays.
5.3.5 Statement from Mr. Martin Meehan, 2, Dreenan. (P171 Figure 7.18 Sheet 3 of 5)
The proposed road will be only 40-50 metres from the side of his house and at the same level as his roof. The idyllic nature of the locale of his house will be changed significantly. Noise, water pollution, airborne diseases, altered views etc. will create problems for him. He recommended tha the by-pass be relocated into a more rural route from Barnesmore Gap to Aughaveagh to Glenmore and on to Drumkeen.
5.3.6 Mr. Patrick McGowen made a statement (Page 175 Figure 7.18 Sheet 3 of 5)
Mr. McGowen referred to An Bórd Pleanálá decision on PL 05 D 226177 at Letterkenny, raised by Mr. Sweetman. He personally knew that site and the flooding issue on the Finn is much more serious. He felt that Mr. Evans should have accepted
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some of Mr. Morrisey’s recommendations. He raised an issue of a phenomenon called flooding for mist above the water. This mist forms quickly without notice and poses a serious hazard to the safety of road users.
5.3.7 Mr. Katherine Doherty, Carrickmagrath made a statement.
She objected to the present route as it gave no relief to people coming from the West (Glenties etc.) who want to go to Letterkenny and Sligo. She felt the By-pass should follow the line of E.S.B. poles from Meancrumlin (west of N15) north towards Letterkenn , as this corridor had been sterilized by the overhead line. She felt that the existing route should be improved.
5.3.8 Final Submission from the Daisy Hill action group. (Signed by Sally McMenamin on behalf of 732 signatories from both North and South of the border).
The closure of McFeely’s Brae (Daisy Hill) will force traffic through existing building areas once it reaches the Navenny/Dreelan road after passing along Rockfield Road. Two houses on the Rockfield Road abut onto the road edge. Mr. McMenamin lives in one of those houses and she has to drive to the middle of the road to view traffic approaching from her left. The design of the Knock Cross Roads does not allow for large trucks and coaches approaching from the Brae on the left trying to negotiate a right turn on to Rockfield Road even were a roundabout to be constructed. Additional traffic will be generated by tennis courts for which permission was granted recently.
5.4 Closing Submission on behalf of Donegal County Council – presented by Mr. Dermot Flanagan Senior Counsel. (transcript Day 9 Page 144-164).
There is a public need for the scheme, the lands are necessary for that public need and the works accord with proper and sustainable development and facilitate the implementation of the County and Local Plans. The proposed Development is Strategic Infrastructure Development within the meaning of the Planning Acts. The Board, in making its decision, has to have regard to policies at all levels including the strategic, economic and social importance of a proposal. This proposal accords with the various plans in relation to the EIA Directive 85/337 EEC (as amended by 97/11/EC and 2003/35 EC). The Directive provides for the prior assessment before the development commences. The County Council initiated that process by preparing the EIS and making the application. The process then allows for submissions from interested parties and the assembly of information and comment through the oral hearing. All of this facilitates the assessment by An Bórd Pleanálá. He then set out the Irish Legislation Sections 50(2) and 50(3) of the Roads Act 1993, as amended, set out the requirements with regard to an EIS.
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The information to be included is that which is available at a given stage of the current procedure. As this assessment is being done prior to the development commencing, we can only deal with the information, which is available at this point in time. He then cited case law as follows: Berkeley v Secretary of State for the Environment 2000 A11ER897 Murphy v Wicklow County Council unreported High Court 19 th March 1999 Kearns J. O’Nualláin v Dublin ~Corporation (1999) 4.I.R 137 Dunne v Minister for the Environment Supreme Court 31 st July, 2006 R(on application of Malster) v Ipswich Borough Council Brown v An Bórd Pleanálá 1989 ILRM 865 Kenny v An Bórd Pleanálá 2001 I.I.R. 565 Kildare County Council v An Bórd Pleanálá, High Court, McMenamin J. 10March, 2006 R. v Rochdale metropolitan Borough Council ex. P Milne 2001 JPL 470 The next points were as follows: EIS is the start of the process. The Bórd has to consider its adequacy and the adequacy of the mitigation measures and whether there is sufficient information to enable the Bord to make a decision. The EIS must look at community effects and no t effects on individuals even though the effect may be significant from the point of view of that individual. Detailed design does not have to be available. He next referred to the Habitat Regulations 1999-2005. Environmental Impact Assessment is an appropriate assessment for the purposes of the Habitat Regulations Article 28(2). Mr. Kelly, in his evidence, stated that the County and Local Plans do not prohibit development in relation to Habitat areas. What they say is that development, if it is to occur, should be done on an appropriate basis, i.e., accompanied by the appropriate mitigation strategy so that the development does not adversely affect the European Site. With regard to protected structures, the development does not directly affect or endanger any of the protected structures in the vicinity of the proposed scheme. He invited the Board to consider the mitigation measures proposed e.g. the clear span bridge avoiding encroaching within the river itself. The Ministerial Circular, referred to by Mr. Sweetman, points out that it is appropriate to attach compliance conditions to monitor the effectiveness of the proposed mitigation measures. The Environmental Plan is one means of implementing those measures. What they are asking for is appropriate measures that are enshrined in the approval, to ensure that the mitigation measures, which are already enshrined in the proposal, are implemented successfully. He then referred to three issues: 1. The Church Road extinguishment. The proposal put forward by the Council is outside the scheme. 2. The closure of McFeely’s Brae is the technical solution preferred by the Council. 3. With respect to the railway’s issue, the key point is that it is not intact. Finally, he referred to flooding.
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The EIS, in Chapter 8, considers flooding and Mr. Morrissey agreed that it should and did refer to OPW flood risk standards, the effect of the structures over the entire flow range and the River Finn catchment area and that information contained in the EIS related to contours, flow levels and digital modeling. Video evidence presented by Mr. McDermott had been used to validate the model. A substantial clear space of 170 metres is being provided over the Finn river at the crossing point and a precautionary approach has been referred to in 8.11 of the EIS. The position of the OPW and the Lough’s Agency is specifically referred to in 8.13 of the EIS. The need for formal consent under the Arterial Drainage Act is referred to also. The EIS contains technical information, analysis and assessment that will stand up to scrutiny and allowed an additional 20% on the precautionary principle. He concluded by asking the Board to approve the scheme and to include any additional measures by way of mitigation that ought to be enshrined in the approval. He acknowledged the sincere and strongly held views of the people who attended. Mr. Rea commented that Mr. Flanagan’s final summary is a fair summary of the matters to be considered by the Board.
The Inspector then closed the hearing at about 4.15 p.m.
Before the Oral Hearing resumed on 10 th June, 2008, submissions were received from 1. The Loughs Agency 2. An Taisce 3. Development Applications Unit Department of the Environment, Heritage and Local Government made two separate submissions. (a) Re archaeological Issues (b) Re Nature Conservation Issues
1. The Loughs Agency requested that bridge crossings would not require any disturbance of the river channel and bed. This would require that support platforms be constructed beyond the riverbank and associated levels. They required that the proposal be undertaken in accordance with legislation, appropriate guidelines and best practice for sustainable drainage systems.
2. An Taisce accepted the need for road investment and traffic management to address current traffic congestion in Ballybofey and Stranorlar. However, they requested the Bórd to secure information that the applicant should supply regarding alternatives, including traffic management, which properly quantify emissions resulting from the proposed scheme.
3. (a) The Department of the Environment, Heritage and Local Government sought an assessment of the impact of all aspects of the development including direct and indirect impacts, off-site, secondary and cumulative impacts.
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These include barrow pits, site compounds and other temporary work areas that are directly related to the road development. They noted that these works are subject to the relevant planning legislation and where archaeological works are planned, contractors and sub-contractors are advised to contact the National Monuments Section of the Department of the Environment, Heritage and Local Government.
4. (b) The Development Applications Unit indicated its nature conservation recommendations on 28 th May, 2008. They noted that the nature conservation issues were adequately addressed at the scoping stage and that the EIS represents an appropriate assessment of the proposed development. The proposed development does not, in the main, pose a known significant threat to nature conservation. I am satisfied that all the above concerns have been addressed adequately in the EIS and in the mitigations proposed.
6.0 ASSESSMENT OF ISSUES ARISING
6.1 Introduction
The proposal is for the construction of about 14.9 kilometres of the N15/N13 to bypass the twin towns of Ballybofey/Stranorlar. It includes the following key components.
Approximately 0.4km standard single carriageway on line improvement adjacent to Lough Mourne, followed by 14.2 km of Type 2 Dual Carriageway, followed by 0.3km wide single carriageway forming a 14.9 long southern bypass for the N13/N15, around the Twin Towns of Ballybofey and Stranorlar. Two grade separated junctions at Meencrumlin and Navenny. A major bridge crossing of the River Finn. An additional five road bridges at minor road crossings and two accommodation bridges. Two roundabout junctions, at the N15 east of Stranorlar and at the N13 at Kilcross. A 1.2 km reduced single carriageway link road (the Ballybofey Link Road) joining the proposed bypass to the existing N15 in Ballybofey at a new traffic signal junction. The Ballybofey Link Road includes a bridge crossing at the Burn Daurnett and traffic signal junctions with Creamery Road and Trusk Road.
The proposal also provides for the closing of four local roads (two private accessways and two public roads at the McFeelys Brae and Church Road). Alternative routes are to
05.HA0009/KA007 An Bord Pleanála Page 76 05.HA0009/KA007 Donegal County Council be improved within the existing boundaries of local roads i.e. Church Road East of the road closure and Rockfield Road.
Having regard to the issues covered in the EIS, including the examination of alternatives and the information supplied under the different headings, including reference to the route selection report, and to all submissions and documentation, I consider that the Environmental Impact Statement as submitted meets all the statutory requirements.
6.2 Need for the Scheme Mr. Kelly put forward the need for the scheme in the context of National, Regional and County Policy. In this regard it should be noted that the National Spatial Strategy, Regional Planning Guidelines for the Border Region, County Development plan 2006- 2012, and the Ballybofey/Stranorlar Local Area Plan 2005-2001 are the relevant policy documents. This proposed road is part of the strategic National Road network within the County, and is part of the Strategic Linking Corridor between the Gateways along the western seaboard. A central part of the NDP 2007-2013 strategy will be the implementer of the Transport 21 investment programme. In particular, the ongoing development of the Atlantic road corridor from Letterkenny through Sligo, Limerick and Waterford is identified as a principal objective of the €17.6 billion roads sub programme. The proposed bypass is an integral part of the Atlantic road corridor. Policies in the Donegal County Development Plan suggest the development of the proposed bypass. The proposed By-pass is specifically in accordance with policies in the County Development Plan 2006-2012, relating to Transport and Communications, Policy TC2, Employment Generation and Enterprise Development Policy, EED2, and Tourism Policy, TU03, and will potentially facilitate the objectives of a number of other policies relating to tourism, business development and housing.
In relation to the Ballybofey Stranorlar Local Area Plan, the scheme is supported through a number of Traffic and Transport policies (T6-T9), which ensure land is preserved for or allowed for applications, which will be facilitated by the construction of the N13/N15 Ballybofey/Stranorlar By-pass. The Local Area Plan recognizes the potential for the By- pass to allow the Ballybofey/Stranorlar area to meet its retail potential and further expand community and recreational facilities.
The existing road network in the area comprises two primary roads, the N13 that links Ballybofey and Stranorlar with Letterkenny to the north and the N15 that links the Twin Towns to Lifford to the east and Donegal town to the west; two regional roads, the R252 to Glenties to the west of the towns and the R236 to Raphoe to the north east of the towns; and the network of local roads linking the rural communities surrounding the Twin Towns. The N13/N15 roads both provide key links between the road networks of Northern Ireland and the Republic. The N15 east of Stranorlar leads to Strabane and Derry/Omagh while the N13 leads to Letterkenny and then on to Derry, these key links between the north and
05.HA0009/KA007 An Bord Pleanála Page 77 05.HA0009/KA007 Donegal County Council south are becoming increasingly important as cross border trade increases and the economies of the two countries become increasingly integrated. The existing routes N15/N13 have poor horizontal and vertical alignments with several sharp bends, poor forward visibility and little overtaking opportunity. Traffic speeds are reduced considerably as a result of existing town centre development. The N13 has to yield right of way twice (coming from the North). In summary, congestion is a serious problem in the town throughout the year. Local and through traffic are frustrated by long journey times of over half an hour at peak summer times for the two kilometer journey through the town. Road safety on both the existing N13 and N15 through the town is significantly compromised by the roads poor horizontal and vertical alignments, varying cross section, inferior road surface and the large number of private access and road junctions. In 2026 without the bypass traffic levels on the N15 are forecast to increase to 13,000 vehicles per day to the west of the Twin Towns and to 10,600 vehicles per day to the east of the Twin Towns, with 25,700 vehicles per day on the N15 within the Twin Towns. On N13 to the north of the Twin Towns flows are expected to increase to 16,500 vehicles per day. The existing roads do not have the capacity to cater for these levels of traffic flows and there will be unacceptable levels of congestion with very long delays and a worsening of the environmental conditions within the town. 2026 traffic flows on the bypass West of Navanney and between Navanney and stranorlar junction are forecast to be 16,000 and 13,100 AADT. NRA design standards recommend consistency of route cross-section for reasons of road safety. Traffic Volumes warrant a dual carriageway. Having regard to the foregoing and the safety issues arising I consider that proceeding with construction at this stage is not premature. Mr Rea stated (See Transcript Day 3, pages 127-168, page 54 of this report) “All my clients are in favour of the bypass but we want it done right and if it was done right in the first place we would not be here long”. Mr Sweetman stated that he was not opposed to the bypass but that he and his clients wanted it done properly. (See Transcript 5.2.7 Mr. Ginnity cross examined by Mr. Sweetman, Day 4, pages 5-24).
6.3 Route Selection The route selection process involved considerable public consultation. Four routes were considered. These were the blue route, which followed an alignment immediately north of the town centres and to the west of the N13; the pink route which followed an alignment similar to the blue route but located between 0.5km and 1km to the north of the Twin Towns; the green route which followed an alignment immediately south of the town centres and to the east of the N13; and the red route which followed an alignment similar to the green route but located 0.5 km to 1km south of the Twin Towns. All routes terminated at Kilross at or close to the junction of the N13/R236 Raphoe Road. The red route was preferred in terms of planning, land use, effects on agriculture, air quality, noise, effects on geology and hydro geology and construction impacts. A public consultation exhibition was then held in 2000. Side road severance emerged as the issue from this and the modified red route was then taken forward for the design and environmental assessments. As a result of the consultation, the proposed road severance at Carrickmagrath
05.HA0009/KA007 An Bord Pleanála Page 78 05.HA0009/KA007 Donegal County Council was replaced by an overbridge. Apparently a link from Coach Road to Navanney Junction was eliminated and this drew adverse comment from Mr. Hill Brown who gave evidence for the McFeely Brae group. This link should be restored. This link has the potential to facilitate traffic from the McFeely Brae area heading North, South or into Ballybofey or Stranorlar. A Summary of Conclusions of the route selection report N13/15 is included in Appendix 2.3 Vol. 3 Appendices EIS November 2007. I am satisfied that the route selection process was comprehensive and has chosen a route which appears to generally balance competing ecological and socio-economic requirements. From an examination of the EIS and the evidence given at the Hearing, I consider that a route, that did not require the removal of almost 3000 metres of the dismantled railway, could have been justified when the different impacts are considered. However, the chosen route at this location is also capable of being justified and can be recommended. I do not consider this assessment to be one of identifying the optimum route on all impact assessments, but to consider if the impacts, both direct and indirect are acceptable. 6.4 Carriageway Type The road type proposed is a Type 2 Dual Carriageway. The design speed and the speed limit for the proposed road will be 100km per hour and the design standards will be those described in the National Road Authority Design Manual for Roads and Bridges.
The link road from Navanney to Ballybofey will be 1.1 Km in length. There are three traffic signal junctions along this link road, the first being at the existing N13 just near Mulrine's bottling plant and then there are traffic junctions at Trusk Road and at Creamery Road.
6.5 Junctions There are four junctions on the Bypass. 1. A Dumbell grade separated junction at the western end of the scheme at Meencrumlin. 2. A second dumbbell grade separated junction at Navanney with the link road going North to Ballybofey. 3. A 75 metre diameter on line roundabout at Stranorlar, which gives access to Stranorlar and the N15 heading East to Lifford, Strabane and Derry. 4. A second 75 metre diameter roundabout at Kilross. This provides the connection with the R236 from Raphoe and the existing N13 going both North and into Stranorlar. This roundabout requires the realignment of some local roads to give access to existing houses. 5. The Stranorlar roundabout and dual-carriageway and realigned N15 will sever two farms (Plot Nos. 71a and b and 78a, b and c, Deposit Map 7 of 10)). Access to the existing farmyards will be off the remaining stubs of the old N15. Farm activities will generate traffic through the roundabout. The owners expressed their concerns at the oral hearing. There is a requirement to carry out safety audits at the various stages of the scheme and while the imposition of lower speed limits on all approaches/exits from the roundabouts and particularly the Stranorlar roundabout has not been mentioned, this control could be applied if deemed necessary. Cycling and roundabouts do not mix well and appropriate safe methods of negotiating the roundabouts need to be identified at detailed design
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stage. Taking note of the safety audits, which will be carried out and the evidence given at the Oral Hearing, I consider the roundabout is an acceptable junction type in this instance.
6.6 Ecology/Landscape and Visual Impacts There are five designated conservation areas within 4 Km of the preliminary design. These are the River Foyle and tributaries cSAC, the Croaghonagh Bog cSAC, Meenagarranroe Bog NHA, Lough Hill Bog NHA and Cashelnaveen Bog NHA. The river Finn is a designated salmonoid water and is a candidate SAC. At the proposed crossing point of the River Finn, the cSAC boundary extends approximately 2 to 5 metres beyond the edges of the river channel. (Confer figure 9.1 EIS Vol 2 and deposit maps sheet 7 of 10.)
The Burn Daurnett, a major tributary of the Finn, is also crossed by the route.
The evaluation of the seven watercourses and eight crossing points impacted by the Preliminary Design is summarised as follows: • One watercourse, the River Finn, is of international importance or A; • Six are of high local ecological value or C; • One is of moderate local ecological value (D).
The Preliminary Design for the proposed crossing of River Finn cSAC is a three span structure with no piers set in the river. The piers will be constructed away from the immediate banks. There will be no in-stream working necessary, either temporary or permanent, and the riverbank will be fenced off during the construction period for protection. Because the cSAC is narrow here the proposed piers will be sited outside the SAC. All works carried out on watercourses shall comply with the Guidelines for the Crossing of Watercoursesduring the Construction of National Road Schemes, NRA 2006. The proposed scheme will have minimum impact on riperian rights on the northern bank. About 0.2Ha on the southern bank will result in the loss of Alder, Ash and Sycamore and an otter pouch will be impacted. Mitigation required will include the exclusion of the otter during construction and the re- planting of Alder, Ash etc. after construction.
Lough Foyle and tributaries cSAC will not be directly impacted by the Preliminary Design and with the mitigation measures envisaged in chapter 9 of the EIS there will be a no adverse effect on the integrity of this site.
There will be no direct or indirect hydrological or hydro-geological impacts on the three NHAs, Cashelnaveen Bog, Meenagarranroe Bog and Lough Hill Bog or the cSAC of Croaghonagh Bog. This is because these four protected bogs are on hills at elevations above the proposed route and are hydraulically disconnected from aquifer underlying the route. As such, the hydrology of these bogs will not be affected by the Preliminary Design. One area of undesignated blanket bog will be crossed by the Proposed Scheme. Construction will result in the extraction of peat, with potential for a moderate adverse
05.HA0009/KA007 An Bord Pleanála Page 80 05.HA0009/KA007 Donegal County Council impact due to physical disruption of the habitat and to the hydrological regime that maintains it.
This impact will be mitigated by incorporating cross drainage measures to ensure a hydrological connection is maintained beneath the road embankment to link areas of the bog to the north and south of the scheme. In addition, peat will be replaced with a low permeability fill material to prevent creation of a preferential flow path and drainage of the bog.
For the eleven ecological sites identified along the Preliminary Design, the predicted impacts are as follows:
• Seven will be subject to potential major and negative impacts; • Three will be subject to potential moderate negative impacts; • One will be subject to potential minor negative impacts. (E.I.S.Vol. 1, Table 9.9)
Potential impacts on all ecological sites will be reduced by a combination of minimising disturbance during construction, sensitive working practices and the reconnection of severed habitats through appropriate planting and habitat recreation. These measures are discussed in section 9.4 (Mitigation Measures) of the EIS.
The road passes through a designated area of Especially High Scenic Amenity, in the vicinity of Lough Mourne, which is recognised as such in the County Donegal Development Plan. Mr. Denis Kelly, senior planner, stated that the proposed road is acceptable within this area and will not significantly intrude on the view. I agree with this assessment as the road is on –line at this section (Chainage 0-600). The landscape assessment selected eleven viewpoints for analysis. Four will suffer a substantial adverse impact at year 15, two will have a moderate to substantial adverse impact. The remainder will have a slight beneficial impact. Night-time views for four will suffer a moderate to substantial adverse impact. The remainder will be slight to moderate. Mitigation proposed will conform to existing landscape character. E.g. open grassland, woodland, agricultural landscape and landscape character. I note the mitigation measures proposed in relation to Landscape and Visual Amenity (Pages 15.1 and 15.2 of the Mitigation Booklet) and in relation to Flora, Fauna and Fisheries ( Pages 15.3- 15.9). I consider that these measures address the potential impacts and provide satisfactory mitigation. I note that the works proposed for landscaping areas are also complimentary to the ecological need to avoid fragmentation and reconnect habitats.
6.7 Drainage, Hydrology Drainage mitigation measures have already been discussed in the context of ecology. Mitigation measures to prevent potential pollution and localised flooding due to watercourse alterations are proposed and I consider these satisfactory. The major issues concern the crossing of the River Finn flood plain and the Burn Daurnett and discharge from an unnamed tributary of the Finn at Treanamullin.
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In the case of the River Finn it was pointed out that the preliminary design is not a flood relief scheme. Mr. Evans stated that a three span bridge will give 170m clear across the floodplain. A central span of 80m will cross the River Finn with two further 45m spans across either side of the Finn floodplain.
The River Finn channel will be clear, spanned by the central part of the structure, which also accommodates a minimum of 5m clearance between each river bank and the central piers. In accordance with OPW guidance, a minimum clearance of 300mm will exist between the predicted 1-in-100 year flood level with the scheme in place and the underside of the bridge deck.
The indicative flood extents with the scheme in place highlight that significant changes in the 1-in-100 year flood levels are not predicted over the study area.
Restriction of floodplain flow at the bridge embankments causes increases in flood levels upstream of the bridge of up to 4cm, reducing to less than 1cm at Dreenan Bridge (approximately 1km upstream).
Downstream of the crossing, an increase of only 2cm is predicted on the southern floodplain, with a 2cm reduction in water level on the northern floodplain, as the Proposed Scheme embankment restricts flow onto this area somewhat.
It was stated in evidence that water level increases of this order of magnitude are acceptable in principle to the OPW. No properties have been identified that will be impacted by the predicted water level increases.
The embankment and the Stranorlar roundabout will cut across the Finn floodplain. Whilst some floodplain storage loss will occur, these losses represent only a very minor portion of the overall floodplain volume within the study area and will not cause any impacts on property or infrastructure.
No mitigation for the minor loss of the Finn floodplain storage is proposed and, overall, the magnitude of impact resulting from the River Finn crossing is minor such that the potential effect in terms of flood risk will be slight adverse. The design added 20% to the 1-100 year flood predictions to allow for climate change. Mr. Morrissey sought mitigation through Mr. Rea as follows The following mitigation was sought with regard to flooding at the River Finn crossing : Open eyes – at least 8 to be provided. Water attenuation storage to be provided under the roundabout embankments to replace 80% of the flood water displaced by the construction. Connect the overflow from the Lifford Road crossing directly to the unnamed stream downstream of the new road and install a flow control weir. The outfall from the proposed attenuation pond at Chainage 11760 to 11900 to go directly to the River Finn. All culverts to have the same cross section as the culvert under the old railway.
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All drainage culverts to be designed for the 1 in 100 year event. Final design to take account of impacts on River morphology caused by tidal effects and the new road from Stranorlar to Lifford. Mc Carthy Hyder to be retained for this design. Flood warning scheme to be put in place. The proposed scheme is part of the Strategic Infrastructure of County Donegal.
In my view the assessment of the impact of the scheme on the River Finn flooding is acceptable. Adequate freeboard of 300 mm under the bridge has been allowed: the displacement of floodwater will not be significant in the context of the River Finn floodplain; a 20% allowance has been made for climate change and the river crossing will require a licence from OPW under the Arterial Drainage Act. On the precautionary principle I recommend that a flood eye 5 metres wide by 3 metres deep, 0.5 metres below adjoining ground level be incorporated into the embankment on the North and South floodplains. A flood warning system would be inappropriate in the context of the proposed road scheme.
Burn Daurnett Crossing The Burn Daurnett crossing is a bridge with a 20m span.
A minimum clearance of 300 mm will exist between the predicted 1-in-100 year flood level with the scheme in place and the underside of the bridge deck.
Restriction of floodplain flow at the crossing of the Burn Daurnett causes minor increase in the flood potential. Immediately upstream of the crossing maximum increases of up to 16cm are predicted in the 1-in-100 year flood level. Overall, the magnitude of impact resulting from the Burn Daurnett crossing is slight adverse and no mitigation measures are proposed for the localised and minor potential flood water level increases that are predicted. It is predicted that the 1 in 100 year flood will occur more frequently, perhaps 1 in 75 years. The duration of flooding will not increase significantly. These impacts are acceptable in my view. Flood risk on the unnamed tributary at Treanamullin, North of the existing N15 will not be increased as a result of the proposed scheme.
Noise, Air Quality and Climate. The noise regime along the route which is being bypassed will be improved. Margaret Grant, in her evidence, reduced the level of noise mitigation proposed in the EIS. Mr. Searson sought a standard higher than the current NRA target of 60dBL den indicated in the NRA Guidelines. A number of sensitive noise receptors expressed concern about their dwellings. In my view, the best approach for An Bórd Pleánala is to set a target of the NRA Guidelines and require that the results be monitored over a period of time to ensure that the target is achieved for all receptors. These will be written into the contract documents. Reduction of construction noise is addressed in the Schedule of Environmental Commitments (pages 15-12 and 15-13) handed in on the 20 th June, 2008. Vibration will be reduced along the bypassed sections of the N13/N15. Vibration will not pose a problem along the completed by-pass route.
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Air Quality Existing air quality is considered good. Mitigation measures to minimise the adverse impact of construction dust are proposed in the EIS. These include techniques to reduce dust generation and measures such as dampening of dust, speed limitations and frequent cleaning of surfaces and wheels to control dust dispersal.
Mitigation measures will be detailed in the environmental operating plan, which will be prepared prior to construction. During operation Air Quality Standard Regulations will not be exceeded beyond the roadside. Impacts on the River Finn cSAC will be well below UNECE critical load levels.
Climate . Carbon dioxide emissions are predicted to increase by 12% not allowing for mitigating measures to be implemented as part of the National Climate Change Strategy2007-2012. I am satisfied that the scheme is acceptable in terms of Noise, Air Quality and Climate, subject to mitigation and conditions.
6.9 Cultural Heritage 38 Areas of Archaeological Potential and eight sites of Architectural Heritage (AH) were identified. Archaeological testing has been carried out on some of the sites and all the remaining sites will be tested. Three of the sites of Architectural significance will be directly impacted by the proposed scheme as they lie within the road land take. One of these is the dismantled railway AH1. Almost 3000 metres of it will suffer significant impact while the overall impact is described as moderate. Three houses listed in the NIAH, Edenmore House AH8, Tircallen House AH9, and Manor View House in Teevickmoy will be impacted by the scheme. The road passes through the “once” attendant grounds of AH8 and AH9. The impact on Tircallen House and Edenmore House is described as slight during construction and imperceptible during operation. The road embankment between Edenmore road and Stranorlar roundabout will be planted with broadleaf trees. The impact on Moorview House will be indirect and slight in nature. Mitigation proposed includes a photographic and written survey be made of the house in its current setting. Deciduous broad leaf planting will be undertaken between the house and the roundabout at Kilcross. In my view none of these impacts require rejection of the scheme.
6.10 Socio-Economic Impact The scheme will improve the environment and the quality of life for people living along the existing route. Some businesses will suffer a decline initially, due to the absence of passing trade. In time business volumes will increase again due to population growth and the improved urban environment. In order to enhance the twin towns it would be important that Donegal County Council enhance traffic calming in the central shopping areas and improve the public realm.
6.11 Individual Issues
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6.11.1 The dismantled railway Mr. John Cromie made a submission concerning the dismantled Railway. He stated that The proposed scheme will have direct impacts on the Railway between chainages 1150 and 1190, chainage 1190, chainage 2900, between chainages 4800 and 5250. The link road also affects the railway line. About 3000 metres of the old railway line will be lost. It will be cut at four points. He recommended that (5) The final design phase should protect the integrity of the former railway. (6) The by-pass should include the sensitive development of the former railway corridor as a walking/ or cycle/ or bridle way. (7) Heritage, community, wildlife, walking and tourism representatives be included in the consultation process for the final design. Where the railway corridor cannot be avoided then an alternative contiguous planted corridor should be provided by way of mitigation. The justification, in part, for the removal of almost 3000 metres of the dismantled railway was that it is not intact, and that An Bórd Pleanálá allowed a significant section of it to be flooded as part of the Lough Mourne water supply scheme. There is not an absolute provision to retain the railway line only “significant” sections of it. Mitigation is proposed in the form of a photographic/written record and the planting of a row of trees to replicate the tree line that will be removed, animal corridors will be restored where severed. In my view, the detailed design stage should be asked to avoid the Railway Line to the greatest possible extent between Chainage 4800-5250 approx. and the scheme should include the construction of a walkway as indicated by Mr. Paterson but which is currently not in the brief.
6.11.2 The Closure of Church Road at Chainage 12,600. Donegal County Council made an offer to provide an overbridge at this location, outside the scheme, to avoid severance of the Community. This offer was accepted in good faith by the CLADDA group, which represented the local community. I agree with this approach on the part of the County Council. I think it provides a good model for other actions outside the scheme that may lead to agreement between the County Council and the local Community.
6.11.3 McFeely Brae Road Closure at Chainage 9050 There are serious difficulties with the proposed alternative route via Rockfield Road as pointed out by Mr. Hill Brown (Transcript Day 5 Pages 13-23). It is inferior in both width and alignment to McFeely’s Brae. Access to/egress from one dwelling on Rockfield Road will be rendered more dangerous because traffic volumes will treble; people from McFeely’s Brae will be cut off from the By-pass. In my view, the reinstatement/construction of the link road from Coach Road to Navanny Interchange, which was included in the red route at the route selection stage, would provide a much better option. It allows people from McFeely’sBrae area access to the
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By-pass; Ballybofey via the proposed link road; Navenny via the Creamery Road and then on to Dreelan and the centre of Stranorlar. The four land owners, (Plot nos. 30, 31,32, and 38) who own the land in question offered to make the land available by agreement for the link road. In addition, this would achieve an objective shown in the Zoning Map for Ballybofey,/Stranorlar Local Area Plan. Donegal County Council should undertake this link road on the same basis as their proposal for the Church Road overbridge. Pedestrian.Cycle access also needs to be provided to serve this area. This could be provided by means of an underbridge on the line of the existing road. The proposed improvements to Rockfield Road will be required too.
6.11.4 Access from Plot No 3 to the Old Road at Cashelnavean is required in the interests of public safety. This can be provided by agreement outside of the preliminary design.
6.11.5 Mr Rea queried the need for/cost of the underbridge at Goland (Chainage 4300 approx). His clients, Mr. Byrne, No. 9, Mr. Pearson, No. 8 offered to make land available at Chainage 4850, outside the scheme for an underpass that would meet their needs. Coillte would have to access the Lake Road at around Chainage 300, which would give them more immediate access to the By-pass. In my view, these options should be explored in detail, outside the scheme, if they can meet the access needs of all involved.
6.11.6 Plot No. 101a,b,c,d,and e and 110a at Chainage 15,000. The proposed road is in fill at this location and a noise barrier 1 metre high will add to the overall impact on the existing house. It passes through the well-manicured garden of a dwelling house from front to back and will require the closure of the existing entrance to the property. The revised entrance arrangements are quite circuituous . See figure 34A (P244 ). The land take line is about 35 metres from the gable of the house. The family who reside there have health problems, which make this case extraordinary. The submission was that the County Council should acquire the house and use it as a contractor’s office or use it afterwards for social and affordable housing. The Council indicated that dust could be controlled, and operatives on site could be made aware of the medical conditions of the people in the house. Based on the medical evidence submitted, I am of the view that conventional construction methods will prove extremely traumatic for the family in question. I feel that the Council should buy the house by agreement and find a suitable after use for it. I am aware that An Bord Pleanála cannot require a Local Authority to acquire a house which is not included within a CPO.
6.11.7 Plot No. 16 (Deposited Map No. 4 of 10) This plot is used for the business of training sheepdogs for competitions. The case was made for an underpass to facilitate this activity. In my view, this is a matter for the detailed design stage/compensation stage of the process.
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6.11.8 Group of houses at Carrickmacgrath. Chainage 7200. Plot Nos 32-35 – North of the overbridge. These houses currently back onto the local road. The road level will be raised by about 2 metres and retaining walls, safety barriers, fencing and landscaping will be required. Structural stability of the houses was also raised. Discussions are on-going. Mr. O’Donnell cautioned about being too prescriptive by way of conditions as different house-holders may require different treatment of the screening, fencing, etc. In my view, the detail treatment is best left to the detailed design/compensation stage. These works should be done as preliminary works.
6.11.9 Plot Nos.71a and 78 at the Stranorlar roundabout Chainage 11,500 to 11,800 Both of these farmers will have land split in three sections by the roundabout, dual- carriageway and realigned N15. They are concerned for their safety and the safety of contractors working on, or making deliveries to their farms. They sought an underpass North of the roundabout to reduce their need to cross and re-cross the National routes with slow moving agricultural machines. Donegal County Council did not agree to provide an underpass as it would interfere with drainage proposals. Ghost Islands were also discussed, This is an issue that can be explored further at detailed design stage.
6.11.10 All o ther objections raised both before and during the the oral hearing are matters for either compensation, detailed design or planning application.
7.0 COSTS
Representatives of a number of objectors applied for costs, particularly for Day 1. The Inspector advised them to apply, in writing, to An Bórd Pleanálá. I recommend that An Bórd Pleanálá respond to these claims in accordance with its standard policy and procedures.
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8.0 RECOMMENDATION – CPO – (File Ref. No. 05.KA0007 )
I recommend that An Bórd Pleanálá should confirm Donegal County Council Compulsory Purchase Order, 2007, N15 Ballybofey/Stranorlar By-pass as requested by Donegal County Council subject to the amendments submitted by the Council at the Oral Hearing.
8.1 Extinguishment of Rights of Way
The Rights of Way on two public roads and two local access roads are to be extinguished in conjunction with the proposed scheme. These were detailed in evidence by Mr. Paterson. Widespread objections were made to the Oral Hearing regarding the closure of Church Road and the McFeeley’s Brae (Daisy Hill ) Road. I am satisfied that the Local Authority demonstrated the need for the extinguishment of these Rights of Way as part of the scheme. Donegal County Council proposed that an overbridge is to be provided, outside of the scheme, to mitigate the Church Road closure. If Donegal County Council provide the mitigation recommended by me, outside of the scheme, for the McFeeley’s Brae closure, then I am satisfied to recommend the extinguishment of the Rights of Way, as included in the scheme.
REASONS AND CONSIDERATIONS
Having regard to the objections made to the Compulsory Purchase Order, the evidence tendered and the submissions made prior to and during the Oral Hearing, the provisions of the National Development Plan, National Spatial Strategy, Regional Planning Guidelines, Donegal County Development Plan, the Ballybofey/Stranorlar Local Area Plan, and the existing and projected traffic flows, it is considered that the acquisition of the lands in question is necessary for the purpose stated in the order and the objections cannot be sustained, having regard to the said necessity.
SCHEDULE
The Schedule, Part 1 to the Compulsory Purchase Order shall be modified as indicated by Donegal County Council in the amended Schedule submitted at the Oral Hearing(Received by An Bord Pleanala 20 th June, 2008)
. The modifications comprise:
(a) Michael McCafferty Added as reputed owner & occupier to CPO Plots 9C, 9F, 9E, 10C, 105G.
(b)Rights of Way Proposed to remove references to Rights of Way in relation to the following plots:
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14C, 90C, 15B, 16A, 23B, 60, 91D, 91F, 91J, 93A, 95, 96. Set out at Schedule 1, Part 1 of the Order
© Errata
(d)CPO Schedule Changes with Associated Maps
Reason: To clarify the extent of the CPO.
RECOMMENDATION –Proposed Road Development File Reference 05.HA0009.
Before approving the road scheme I recommend that An Bord Pleanálá write to Donegal County Council and request commitment in respect of the following issues, which represent a substantial community gain. The relevant section of the Planning and Development (Strategic Infrastructure) Act, 2006 is Section 34..
1. Closure of Church Road at Chainage 12,650, Castlebane. An Bórd Pleanálá notes the submission of Donegal County Council submitted on 10 th June, 2008 at the Oral Hearing. An Bórd Pleanálá endorses this approach to solving an issue of community severance.
2. Closure of McFeely’s Brae (Daisy Hill) at Chainage 9050. An Bórd Pleanálá considers that Donegal County Council should (a) Construct a link road from Knock Cross via Coach Road to Navanny Junction in tandem with the proposed By-pass to improve access from the McFeely Brae hinterland to Ballybofey, Stranorlar and the By-pass itself. (b) Provide pedestrian and cycle access by means of an underbridge along the line of the McFeely Brae (Daisy Hill) road. The foregoing works could be undertaken on the same basis as the Council’s own proposal for Church Road.
3. The Dismantled Railway The Council should provide the footpath shown on Fig. 4(A)and 4(b) which Mr. Paterson said was outside the brief. The detailed design shall minimise the extent to which the corridor of the dismantled railway is disturbed. When the use of the existing railway corridor is unavoidable at certain sections, an alternative contiguous planted corridor, suitable for wildlife and recreational use, should be provided by way of mitigation.
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Where the railway corridor is severed crossing facilities suitable for both wildlife and recreational use shall be provided.
4. Plot No. 110a at Chainage 15, 000, Kilross roundabout. Given the medical evidence at the Oral Hearing, concerning the family that resides in the house at this location, the Council should agree to acquire this house, by agreement, and find a worthwhile use for it post construction. Subject to a satisfactory outcome to the foregoing, I recommend that the Bórd should approve the proposed Road Development subject to modification as outlined below.
REASONS AND CONSIDERATIONS
Having regard to the Environmental Impact Statement, evidence tendered and submissions made during and prior to the Oral Hearing in relation to the likely effects on the environment of the proposed road development, the existing and projected traffic flows, the provisions of the Donegal County Development Plan and Ballybofey/Stranorlar Local Area Plan, it is considered that, subject to the conditions set out in this order, the proposed road development would be in accordance with the proper planning and sustainable development of the area and would not result in significant adverse effects on the environment.
CONDITIONS
1. The proposed development shall be amended to incorporate the mitigation measures set out in the document entitled “N13/N15 Ballybofey/Stranorlar By- pass Oral Hearing – Schedule of Environmental Commitments”, submitted at the Oral Hearing by Donegal County Council on the 20 th June, 2008.
Reason: In order to define the mitigation measures to be carried out and to ensure that the development will not have adverse effects on the environment.
2. Broadleaved woodland planting shall be established on the embankment (both sides of the carriageway) from the Edenmore Road (Chainage 10700 ) to the River Finn crossing (Chainage 11,300) and also to replace woodland lost at this location.
Reason: In the interests of visual and ecological amenity.
3. Prior to finalisation of drainage design, the requirements of the Office of Public Works shall be obtained and complied with in relation to the impact of the road scheme on the overall flood regime of the upper catchment of the River Finn, which includes the sub-catchments of the Burn Daurnett and the unnamed tributary at Treanamullin.
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Reason: To protect against flooding.
4. A flood eye 5 metres wide by 3 metres high, floor level 0.5 metres below the level of the adjoining lands shall be incorporated into the embankment, at appropriate location, both North and South of the River Finn crossing.
Reason: To allow greater attenuation during more extensive flooding events.
5. All works carried out at watercourses shall comply with the “Guidelines for the Crossing of Watercourses during the Construction of National Road Scheme” NRA, 2006.
Reason: in the interests if amenity and the protection of bio-diversity.
6. The requirements of the NRA document entitled “Draft Guidelines for the Treatment of Noise and Vibration in National Road Schemes” published In January, 2004 shall be complied with for the scheme. Mitigation measures shall be provided to achieve acceptable noise levels at existing and nearby houses for predicted traffic flows for the design year.
Reason: To protect the residential amenities of people living adjacent to the proposed road development.
7. The vertical alignment on sections of the scheme not constrained by the river, dismantled railway, or road crossings or the requirement not to interfere with the amenities of dwellings at Edenmore and Carrickmagrath, shall not significantly depart from that shown in the EIS, by more than 1.5 metres from that indicated.
Reason: To protect visual and residential amenity.
8. Fencing to proposed attenuation ponds shall be provided to a standard appropriate to that required for open water and shall be intruder proof.
Reason: In the interest of safety.
9. Monitoring of noise levels at a representative number of sensitive receptors shall be carried out over a period of 12 months, commencing 12 months after the opening of the scheme. When noise levels exceed acceptable standards additional mitigation measures shall be implemented.
Reason: In the interest of residential amenity.
10. Pre-construction surveys of bat roosts including trees and houses shall be carried out. In the event of bat roosts being temporarily or permanently disturbed alternative roosts shall be provided in the locality.
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Reason: To mitigate the effects on bat species.
11. Remedial works to the rear of the “Quinn” houses at Carrickmagrath shall be carried out as preliminary works and shall be completed and maintained to a standard acceptable to the householders.
Reason: In the interests of residential amenity and public safety.
12. The detailed design shall minimise the extent to which the corridor of the dismantled railway is disturbed. Where the destruction of the existing railway corridor is unavoidable at certain sections, an alternative, contiguous, planted corridor suitable for wildlife and recreational use shall be provided within the final planting after completion of works, by way of mitigation.
Reason: In the interests of amenity.
13. Where the Railway Corridor is severed, crossing facilities, suitable for both wildlife and recreational use shall be provided.
Reason: To preserve the potential of the Corridor for wildlife and recreation.
14. Adequate provision shall be made to accommodate slow moving farm traffic, pedestrians and cyclists on the existing N15, moving across the proposed dual- carriageway in the vicinity of the Stranorlar roundabout at Treanamullin.
Reason: In the interests of public safety.
15. Cycle lanes shall be provided along the proposed Ballybofey link road from its junction at Mulrian’s (Chainage 1100) to the entrance to the accommodation road opposite drainage pond No. 11 at approximate Chainage 50. (Deposited Map 10 of 10)
Reason: In the interests of public safety.
16. An Environmental Operating Plan (E.O.P.) shall be drawn up in inaccordance with N.R.A. Guidelines and shall be implemented.
Reason: To minimise impacts during the construction phase.
17. Archaeological monitoring shall be carried out throughout the scheme. Test excavations shall be carried out at all identified or known archaeological sites and in all areas of archaeological potential as set out in Archaeological Table 10.1 Vol. 2 E.I.S. Quarterly progress reports shall be produced by the Project
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Archaeologist for the duration of the pre-construction and construction stages of the scheme.
Reason: To mitigate the impact of the proposed road scheme on the cultural heritage of the area.
18. Development shall be carried out in accordance with the Schedule of Commitments set out in Table 15.2 of the E.I.S. as amended and clarified by additional mitigation measures submittedto and received by An Bord Pleanála in June, 2008.
Reason: In the interests of Amenity
Signed______Date______Vincent Hussey 14 th June, 2009
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APPENDIX A
OBJECTIONS MADE AND NOT WITHDRAWN BEFORE THE ORAL HEARING
Plot No. Surname First Name Chainage Agent/Legal Rep.
Patton Anthony Martin and Rea, Self Rep.
Patton Thomas (Deceased) O’Cleary & Co. Solcrs.
31 Hogan Thomas 7100 Martin and Rea
64 Carribine Eamon 10200 Martin and Rea
9 and 105 Kelly Patrick 4900-5100 Martin and Rea &15100
2 Glackin Charles 500 Mart
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38a, 6, 4a,b,c,d, McMenamin Eamon 8100 1) Martin and Rea 2) O’Boyle Solcr.
42 McMenamin Jnr Edward 1) Martin and Rea 2) O’Boyle Solcr.
34a,b, 505 Quinn Alan & Anthony 600-800 LR Martin and Rea
28 Gillespie Edward Martin and Rea
63 Scanlon Mary 10100 Martin and Rea
McCafferty Michael 1800 Martin and Rea
43a-d, (38) Patton John & Mary 8600 Martin and Rea, Rea Agric. Env. Cons 5 Flanagan Sean 1100 Martin and Rea
17 Hughes Brigid 5200 Martin and Rea/O’Boyle
40 Marley Patrick & Geraldine 3450 Martin and Rea
64b Gallagher Kevin & John 10000 Martin and Rea
15 Pearson Thomas 1500 & 4800 Martin and Rea
101and 110 Scanlon Cecil 15000 Martin and Rea
19 Kelly John 6300 Martin and Rea
22 Kelly Paddy 300 & 280 Martin and Rea
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27 Pearson Robert 6200 Martin and Rea
505 (35) Doherty Teresa 800 LR Martin and Rea
88 Gavigan Martin & Kathleen 14100 Martin and Rea
16 (9) Byrne John 5800 Martin and Rea
87 Brogan Hugh and Mary 14000 Martin and Rea
515d McDermot Patrick 11400 & 900 Martin and Rea
24, 504a - c Mullin Michael & Michael Patrick 7 750 Rea Agri. Env. Consul
92 (66a) Whyte John 14900 Martin and Rea
67 Tague Patrick 10350 Martin and Rea
53 Coll Catherine 11700 Martin and Rea
54 (78) McDermott Patrick and Ann 11700-12200 Martin and Rea
23 Long Samuel and Margaret Martin and Rea
Eas 141 McMenamin Martin 7900 Martin and Rea
10b, 11, 77, 79a-d Morrow Ann 2800-3000 Martin and Rea 12500-12700 3 McBride Patrick 1000 Martin and Rea
16 Byrne & Coyle Brendan & Mary 5100 Martin and Rea
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85 Reps. Of Temple John 13500 Martin and Rea
55,46,500 McFeely Brendan 8600 & 9000 Martin and Rea
25 a-e Gallagher Josephine 6200 Martin and Rea
McMenamin William P. & Thomas Brendan T. Muldowney & Co.
Sweetman Peter Peter Sweetman
518 Mulrine & Sons P. 1100 LR M.M. Mulrine & Co.
Quinn Alan & Anthony 7250 Martin and Rea
94 Roarty William and Philomena 14800 Martin and Rea
61 Gillespie Andrew and Ellen 6700 Martin and Rea
54 McGonagle Patsy 9300 Martin and Rea
513 Dunnion & Gallagher Brendan & Danny Martin and Rea (Navanny Developments)
51 (69) Murphy Peter & Nuala T. 11000 Martin and Rea
505 Quinn Seamus Martin and Rea
17,18,20 McLean William 5200 & 5600 Martin and Rea
Doherty Michael & Louise 7100 Martin and Rea
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Temple Aidan 14300 Martin and Rea
56 Whyte David 12850 Martin and Rea
43 Butt Hall Ctte. 9050 Martin and Rea
39 Reid George 7750 Martin and Rea
37 Reid Jack 7400 Martin and Rea
80 Whyte Thomas 12800 Martin and Rea
Adamson Rev. Anthony S Rev. Anthony S. Adamson
Kelly & others Frank Peter Sweetman & Martin and Rae
Eo 41 McMenamin Martin 7900 O’Boyle Solicitors
26 a, 26b Long Harry & Monica 7300 O’Boyle Solicitors
35a, 35b, 35c Murphy Timothy P. 0-100 O’Boyle Solicitors
57, 58a, 58b McGee Hugh and Sarah 13000,13400 O’Boyle Solicitors
32 a,b,c Doherty Anthony 7100 O’Cleary Solcrs., Curren Architects
34a, 34b Mulligan Tommy & Carmel 600 LR O’Boyle Solicitors
40 a,b,c, Marley Patrick & Geraldine 9200-9300 O’Boyle Solicitors
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101f Scanlon Gordon & Olive 15300 O’Boyle Solicitors
93a-d, 93f, 93g Woods William John & Monica Ann 100 O’Boyle Solicitors
15c, 15d Chambers Anthony 3700 O’Boyle Solicitors
68a, 68b Quinn Pauline & Anthony 15100-15700 O’Boyle Solicitors
33a, 33b Faulkner Neil & Maureen North of 7200 O’Boyle Solicitors
113a, 113b Cannon William 15400 Allan Curran Architects Ltd.
Xx Cromie John Self Rep
Gallinagh Patrick & Mary Self Rep
Kelly Fergus Self Rep
Doherty K.A. Self Rep
Griffin Pauline Self Rep
Conlon Nora Self Rep
CLADDA CLADDA
Boyle Damian Alexander Martin & Rae & P. Sweetman
Kelly Daniel Martin & Rae, P. Sweetman
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Galvin Teresa Martin & Rae, P. Sweetman
Galvin Maeve Martin & Rae, P. Sweetman
Brown Alex Martin & Rae, P. Sweetman
Temple Josie Martin & Rae, P. Sweetman
Temple Sean Martin & Rae, P. Sweetman
Temple Barry Martin & Rae, P. Sweetman
Gallagher Mary Martin & Rae, P. Sweetman
O’Kane Ted Martin & Rae, P. Sweetman
O’Kane Ann Martin & Rae, P. Sweetman
Jackson Geraldine Martin & Rae, P. Sweetman
Clancy David Martin & Rae, P. Sweetman
Patton John Martin & Rea, P. Sweetman
Kelly & Martin Stephen & Charlene Martin & Rea, P. Sweetman
McGoldrick Colm & Nancy Martin & Rea, P. Sweetman
McMenamin Michael & Davog Rea Agric. Env Con,
Merrit Long Joy Martin & Rea, P. Sweetman
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Merrit Clement Martin & Rea, P. Sweetman
Merrit Luke & Bernadette Martin & Rea, P. Sweetman Merrit Maurice Martin & Rea, P. Sweetman
Barclay family Martin & Rea, P. Sweetman
Patton Anne Martin & Rea, P. Sweetman
Gillespie Michael Martin & Rea, P. Sweetman
Gillespie Bridget Martin & Rea, P. Sweetman
Alexander Josie & Bernie Martin & Rea, P. Sweetman
Kelly Fergus Martin & Rea, P. Sweetman
Patton Jason Martin & Rea, P. Sweetman
Patton Bernie & John Martin & Rea, P. Sweetman
Lucas Tracy & Jonathan Martin & Rea, P. Sweetman
Callan James Martin & Rea, P. Sweetman
Tinney Sharleen & Fergal Martin & Rea, P. Sweetman
Bates Geraldine & Edwin Martin & Rea, P. Sweetman
Galvin Patrick Martin $ Rea, P. Sweetman
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McNamee Séamus Martin & Rea, P. Sweetman
Martin Malachy Martin & Rea, P. Sweetman
Russell Transport R.J. Martin & ~Rea, P. Sweetman
Russell Ronnie Martin & Rea, P. Sweetman
Alexander Hugh Martin & Rea , P… Sweetman
Barclay Ann Martin & Rea, P. Sweetman
Russell Lee Martin & Rea, P. Sweetman
Russell Selina Martin & Rea, P. Sweetman
McMenamin Carmel & Laurence Martin & Rea, P. Sweetman
Russell Doreen Martin & Rea, P. Sweetman
Russell Ernest & Sharon Martin & Rea, P. Sweetman
O’Brien Brendan Martin & Rea, P. Sweetman
Russell Davina Martin & Rea, P. Sweetman
Gallagher Noel & Jackie Martin & Rea, P. Sweetman
O’Donnell Kevin & Geraldine Martin & Rea, P. Sweetman
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Kelly Marie Martin & Rea, P. Sweetman
Galvin Caroline Martin & Rea, P. Sweetman
Merit Eunan Martin & Rea, P. Sweetman
Galvin Noel Martin & Rea, P. Sweetman
Patton Anthony 12900 Martin & Rea, P. Sweetman
Gallen Seamus Martin & Rea, P. Sweetman
Patton Bros. Martin & Rea, P. Sweetman
Patton-Burke Eileen Martin & Rea, P. Sweetman
Russell Ernest Martin & Rea, P. Sweetman
O’Donnell Kevin & Geraldine Martin & Rea, P. Sweetman
Browne Alex Martin & Rea, P. Sweetman
McGoldrick Colm & Nancy Martin & Rea, P. Sweetman
Gallagher Noel & Jackie Martin & Rea, P. Sweetman
Barclay Ann & family Martin & Rea, P. Sweetman
Temple Sean Martin & Rea, P. Sweetman
Temple Barry Martin & Rea, P. Sweetman
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Kelly Daniel Martin & Rea, P. Sweetman
Galvin Patrick Martin & Rea, P. Sweetman
McMenamin Carmel & Laurence Martin & Rea, P. Sweetman
Bates Geraldine Martin & Rea, P. Sweetman
Russell Ernest & Sharon Martin & Rea, P. Sweetman
Russell Doreen Martin & Rea, P. Sweetman
Irwin Brendan & Tracy Martin & Rea, P. Sweetman
Russell Shirley Martin & Rea, P. Sweetman
Russell Lee Martin & Rea, P. Sweetman
Russell Selina Martin & Rea, P. Sweetman
Merritt Long Joy Martin & Rea, P. Sweetman
Merritt Luke & Bernadette Martin & Rea, P. Sweetman
Merritt Eunan Martin & Rea, P. Sweetman
Merritt Clement Martin & Rea, P. Sweetman
Merritt Maurice Martin & Rea, P. Sweetman
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Lucas Tracy & Jonathan Martin & Rea, P. Sweetman
Tinney Sharleen & Fergal Martin & Rea, P. Sweetman
Gallagher Mary Martin & Rea, P. Sweetman
Duffy Michael Martin & Rea, P. Sweetman
Kelly Deirdre Martin & Rea, P. Sweetman
O’Brien Brendan Martin & Rea, P. Sweetman
Russell Davina Martin 7 Rea, P. Sweetman
Temple Josie Martin & Rea, P. Sweetman
Kelly Marie Martin & Rea, P. Sweetman
Alexander Joe Martin & Rea, P. Sweetman
Alexander Josephine Martin & Rea, P. Sweetman
Alexander Damien Martin & Rea, P. Sweetman
Boyle Angela Martin &Rea, P. Sweetman
McCready Thomas Martin & Rea, P. Sweetman
McMenamin Hugh Martin & Rea, P. Sweetman
Buchannon Robert & Monica Martin & Rea, P. Sweetman
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Clancy David Martin & Rea, P. Sweetman
Brogan Rose Martin & Rea, P. Sweetman
Callan James Martin & Rea, P. Sweetman
Galvin Marie Martin & Rea, P. Sweetman
Merritt Carmel Martin & Rea, P. Sweetman
Lucas Molly Martin & Rea, P. Sweetman
Lucas Stanley & Mary Martin & Rea, P. Sweetman
McGlynn Celine Martin & Rea, P. Sweetman
Duffy Kathleen & Michael Martin & Rea, P. Sweetman
McNamee Seamus Martin & Rea, P. Sweetman
O’Kane Ted Martin & Rea, P. Sweetman
O’Kane Ann Martin &Rea, P. Sweetman
Kelly Frank Martin & Rea, P. Sweetman
60 Mitchell Dr. Pauric & Mrs. North of 9050 Self Rep./Allan Curran Architects
Gallagher Patrick Self Rep
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Kelly Aidan Self Rep
Gallen Kevin & Anna Mc Feeley’s Brae Action Group/M.M.Mulrien. Solcrs Arkinson Patrick Mc Feeley’s Brae Action Group/do.
McHugh Philomena McFeeley’s Brae Action Group/do.
Mr. G’s discount Store McFeeley’s Brae Action Group
Marley Francis McFeeley’s Brae Action Group
Foy Tony McFeeley’s Brae Action Group[
Gallen Tommy McFeeley’s Brae Action Group
Lafferty Seamus McFeeley’s Brae Action Group[
Johnston Wayne McFeeley’s Brae Action Group
Gillespie Teresa McFeeley’s Brae Action Group
McHugh Bernie McFeeley’s Brae Action Group
An Taisce Mr. Peter Sweetman
Killeter/Castlederg Disdtrict Association M.M. Mulrien Solcrs.
6a, 6b John Bovaird O’Boyle solicitors
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Hurley Martin Rea Agric. Env. Consul
Mullin Michael REA Agric Env. consul
X Link Road
Xx Dismantled Railway.
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APPENDIX B
Items submitted at the Oral Hearing
LOCAL AUTHORITY
• Briefs of Evidence for Mick Farey and Tim Paterson (Scheme Description- Joint Presentation)
Margaret Grant (Noise and Vibration Issues)
Bridget Ginnity (Air Quality and Climate Issues)
Nicholas Skelton (Socio-Economic Issues) And Report prepared by Jonathan Blackwell & Associates, June, 2000.
Neil Evans (Surface Water Issues) And Flood Impact Assessment – Technical Report – June, 2008
Paul Thompson (Geology and Hydrology Issues)
Matthew Hague (Ecology, Flora, Fauna Issues)
Faith Bailey (Cultural Heritage, Archaeology and Architectural Heritage Issues)
Denis Kelly Senior Planner, Donegal County Council (Planning Issues)
Paul Hopper (Landscape and Visual Issues)
John Bligh Agricultural Issues)
*Dermot Flanagan S.C. (Outline Closing Submissions)
*Schedule of Environmental Commitments
*Mr. Martin Gallagher Donegal County Council (Proposed Amendments to the Compulsory Purchase Order Schedule)
*Alternative Carrickmagrath House and Site Access Road and Development Sections (4 Sections) Figure 36.
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*Appendices to Mr. Farey’s Report: 1. Scheme Description Presentation 2. History of Road Closures 3. Figures 1-10, Traffic Flows, Typical Drainage Pond, Permitted Construction Access, Cross Section of abandoned Railway, Integrity of Abandoned Railway. 4. Summary of Representations and objections.
• Statement 10 th June, 2008 Handed in by D. Flanagan, S.C. re Alternative Access to Church Road.
• Stranorlar Roundabout P194 and P195 –Figures 29 and 78.
• County Donegal Development Plan 2006-2012, including appendices A-E(and C D)
• Ballybofey/Stranorlar Local Area Plan, 2005-2011
• DVD Titled Ballybofey/Stranorlar By-Pass – N15 Briefs of Evidence.
• Figures 35, 59 and 60, McFeely’s Brae. Long Sections of McFeely’s Brae No.35, Alternative Underpass Nos. 59 and 60.
• Copy Planning Permission granted to T. Murphy, 22/4/82 (Planning Register Ref. No. T2351/81) for 5 houses at Carrickmagrath.
• Response by Neil Evans to Measures suggested by W.A. Morrissey in the area in and around the proposed roundabout on Lifford/Stranorlar road.
• Copy Extract First Edition 1836 Map, Edenmore House and Demesne.
• Extract 6”0.5 Donegal Sheet 078a, 29 of 45 showing River Finn proposed Candidate special Area of Conservation
• Draft Donegal NIAH Survey (2 pages)
• Additional Drawings and Modified Drawings created during the Oral Hearing and N15 Ballybofey/Stranorlar Bypass figures, Date stamped 04 Sept. 2008.
• Figure 9, Proposed Rockfield Road Improvements, Sheet 4 of 10 is missing
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• Volume – Environmental Assessment and Construction Guidelines – NRA
• Guidelines for the Creation, Implementation and Maintenance of an Environmental Operating Plan – NRA • A Guideline for Applying for Consent under Section 50 of the Arterial Drainage Act 1945. – Construction , Replacement or Alteration of Bridges, and Culverts. – OPW.
• National Roads Project Management Guidelines – NRA, March 2000.
• Guidelines for the Crossing of Water Courses during the Construction of National Road Schemes – NRA.
OTHER SUBMISSIONS
• DVD, Flooding at Trenamullin/Mullindrait January, 2005, Taken by Patrick McDermott.
• DVD Ditto.
• Final Submission from Daisy Hill Action Group. Petition with 680 signatures.
• Statement of John Cromie, BAI, M.Sc.
• Reports of W.A. Morrissey on (a) Surface Water Quality and Drainage (b) Proposed Accommodation Works to be carried out to the front of the “Quinn houses” where they interact with the scheme.
• Map 1 Site Location Map – Eamon and Martin McMenamin’s property. Scale 1/2500 .
• Photos of “Quinn houses” at Carrickmagrath (12 no.)
• Medical certificate Plot 101 – Chainage 15000
• Aerial Photograph Plot 101 – Chainage 15000.
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• Submission to Bord on noise mitigation (Mr. Rea).
• Circular Letter PD2/07 and NPW5 1/07
• Meenglas Access Track (Mr. Rea).
• Aerial Map – Eddie Gillespie – Carrickmagrath
• Photographs by Searson Associates
• Submission by Searson Associates
• USB from Mr. Sweetman containing:
Guidance on EIA scree Guidelines for the Assessment hllp – www.pleanálá 10 pictures IMG_9045.jpg 46 78 81 82 83 84 85 86 87 Jacob’s Environmental Jacob’s Landscape site NPWSI –2007.pdf Page 73 EU interpretat Schedule of Committm SER2028 Karl Kent.pdf SI 1999-093 Environ Study on the Assessmen
*Letters re McFeely’s Brae from Brian Crawford, Ballybofey Kevin McGuire, Castlederg
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McElhinney’s, Ballybofey Navanney Grill Ltd. Quinn Group, Derrylin
• Statement from T.W. Hill Brown
• Letter from P.V. McMulin to McFeely’s Brae/Navenny Junction dated 30 May, 2008
• Letter to M. Mulrine and Co. Solcr. From NRA, dated 19 th May, 2008
• Submission on behalf of Dr. Denis McCauley, Edenmore, on operational noise impacts concerns (dwelling house Ref. T.355)
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