An Bord Pleanála
Inspector’s Report Development: Quarry with associated works and accommodation, new entrance and road improvements, R 439.
Location: Garrycastle, Banagher, Co Offaly
Planning Application Planning Authority: Offaly County Council Planning Authority Reg. Ref.: 06/1039 Applicant: Gerard Doorly
Type of Application: Permission Planning Authority Decision: Refuse Permission
Planning Appeal Appellant: Martin Lyons; Michael, Patricia and Ann- Marie McLoughlin; Brian Hogan and others Type of Appeal: 3rd V Grant Date of Site Inspection: 24th July 2007 and 17th September 2007
Inspector: Dolores McCague
19 222924 An Bord Pleanála Page 1 of 48 PROPOSED DEVELOPMENT The development involves the opening and operation of a limestone quarry, on a Greenfield site of 41.67ha, which will involve limestone extraction by blasting; mechanical crushing and screening operations and the production of various limestone aggregates; the installation of a wheel wash, two weighbridges and a docket office, a settlement lagoon, an office and a car park area, a garage and a vehicle maintenance area, effluent treatment system(s), the construction of a new entrance road and road improvements to the public road, the R439. An Environmental Impact Statement accompanied the planning application. The development involves the removal of two agricultural sheds. The lifetime of the proposed quarry is 15 years. The development will require works to the adjoining regional road, where the horizontal alignment, with a crest on the road north of the proposed entrance, obstructs the 160m sight line. A drawing submitted with the application (longitudinal section Drg No 11020- 5008 rev. A), indicates that up to 80 m of road needs to be reduced (by a maximum of 300mm). The provision of a right turning lane on the approach from the north is also proposed, and a median is to be provided both sides of the entrance. These works do not involve lands in the ownership of others. SITE LOCATION AND DESCRIPTION The site is located at Garrycastle, two kilometres south of Banagher, Co Offaly. The site fronts onto a busy section of the regional road which connects Banagher southwards to Taylors Cross, (over half a kilometre away), where it crosses the regional road R 438 and onwards to Birr. Along the road frontage, the site rises from south to north and the road continues to rise northwards with a crest in the road north of the site which limits the sightline. The site comprises most of the landholding in the applicants ownership, a slightly wedge shaped parcel of land, widening as it runs west away from the road. At the northern end of the road frontage the ground level is 58m OD; and at the river (1500m west), the land is 34.36m. The western end of the landholding, which extends along the bank of the Rapemills River, is not included in the site. The site falls from the road towards the river but there are hummocks and hollows across the site. The extraction is centred on an area about half way between the road and the western end of the site and extends almost the full width of the site. Ground on the site is very solid and dry, only shallow soil covering the limestone, with rock reaching the surface in places. At the western end of the site there is a small wooded area where the ground was dry on the day of inspection but showed evidence of poaching. There is a spring in this location. The landscape, within which the site is located, rises to higher ground to the east and north particularly east of Banagher; and is lower to the west and south where the Rapemills River adjoins the holding. The Rapemills River flows southeast to northwest to join the River Shannon just west of Banagher. The Little River Brosna flows in a similar direction further west to the Shannon. The River Shannon, 3km from the site at Banagher, flows west and then southwards. Most of the land in the area is in agricultural use, there is also bogland, some of which is being exploited for peat, and a protected raised bog, in the vicinity of the site. Long range views west from the Regional Road near the site are of a vast expanse of low lying lands.
19 222924 An Bord Pleanála Page 2 of 48 There are few field boundaries or hedgerows remaining within the landholding and the hedges bounding adjoining lands are not dense. The nearest house to the site is located on land to the south, set well back from the road- the house is approx 40m from the site and 250m from the proposed extraction area. The location of this house can be seen on the proposed layout final extraction area, drawing number 11020-5009 Rev B, and in the EIS Figure 3.1.1. Other nearby houses are located across the road opposite the existing field entrance approx 350m from the extraction area, and along the Regional Road towards Banagher and towards Taylors Cross, shown on Figure 3.1.1. The Rapemills River separates the landholding from All Saints Bog. Southwards from the site, the river is crossed by a bridge using what appears to be slatted-house type, flooring material; which facilitates accesse from lands east of the river to All Saints Bog. Access to All Saints Bog can be gained at its north eastern end by means of a network of roads and laneways, here it adjoins the Rapemills River and is within a short distance of the site, 750m. This is a very tranquil area. On the date of inspection, there was an abundance of insect and bird life. Banagher is an attractive town at a bridging point on the River Shannon, fortifications west of the bridge are intact and recall the former defensive aspects of this important bridging point. There is a busy marina on the Offaly side of the river, beside the town. South of the town is a very large site devoted to concrete products manufacturing. Between the town and the site Minch Norton operates a mill.
Photographs of the site and surrounding area taken at the times of inspection are attached to the rear of this report, as Appendix 1.
ENVIRONMENTAL IMPACT STATEMENT The submission of an EIS is legally required in this case by reason of the area of extraction, which is significantly in excess of the 5 hectares threshold. The EIS accompanying the planning application is in Grouped Format Structure. I have included a brief report on some of the points set out in the EIS – Appendix 3 refers. In the Assessment section of this report the adequacy of the EIS is addressed.
PLANNING AUTHORITY DECISION The planning authority decided to grant permission subject to 29 conditions (30 stated in managers order), and in accordance with the planners report, including condition: • no. 2 restricting the use of the quarry to 15 years, • no. 3 requiring the proposed new entrance and new junction layout to be constructed and clearly delineated for their agreement prior to commencement of quarrying, • no. 5 restricting hours of operation to 0800 – 1800 Monday to Friday and 0800 – 1400 Saturdays, • no. 6 limiting noise emissions at nearest noise sensitive location (such as dwellings, schools, places of worship or area of high amenity) to not exceed Leq
19 222924 An Bord Pleanála Page 3 of 48 (69 minutes) 55 dB(A) 0800 – 2000 and Leq (15minutes) 45dB(A) 2000 – 0800 and audible tonal or impulsive components to be minimized at any noise sensitive location, • no. 7 controlling blasting to a maximum of once every 4 weeks; maximum peak particle velocity of 12mm/sec, measured in any three mutually orthogonal directions at a receiver location; air over pressure at sensitive locations of 125dB(Lin) max peak; that 95% of levels should conform to the limit at the nearest noise sensitive location and no individual air over pressure value should exceed the limit value by more than 5dB(lin), notification of blasting to be given to neighbours and details of vibrations at noise sensitive locations to be submitted to the planning authority bi-annually, • no. 8 controlling dust deposition: not to exceed 320mg/m3/day averaged over a 30 day period; requirements for dry weather abatement; vehicle loading and access road cleaning, • no. 13 requires the preparation of an Environmental Monitoring and Operations Programme, • no. 14 requires the developer to implement the measures outlined in submissions, that is deepening wells or providing an alternative supply from the public mains, if private wells experience any problems, • no. 15 which refers to the effluent treatment system, • no. 29 which requires the payment of a special development contribution, annually, for road restoration and road strengthening for the life of the works, and • no. 30 which requires the payment of a development contribution. Technical reports on file include a report from: Roads Design - recommending conditions; Environment - recommending conditions; Fire Officer - no objection; and Area Engineer – no comment. Summary of documents on the planning application file Application form, notices drawings: site location map (discovery series), site location map 1:2,500, site location and application boundaries; existing layout 1:1000, existing layout 1:500 on four sheets, access from R439, proposed layout 1:1000 final extraction area, proposed layout 1:500 final extraction area on four sheets, final extraction area sections, proposed layout 1:1000 interim arrangement, proposed layout 1:500 interim arrangement on four sheets, interim arrangement sections, proposed restoration layout 1:1000, proposed restoration layout 1:500 on four sheets, proposed restoration sections, proposed landscaping layout 1:1000, proposed landscaping layout 1:500 on four sheets, proposed landscaping sections, office layout, garage plan and elevations. A geological, hydrological and hydrogeological assessment report was submitted as part of the planning application, (with a summary in the EIS), this is described in Appendix 2. Despite the number of drawings there is a shortfall in information contained in them. For example: insufficient details of the plant, its location and scale; the stockpiles; insufficient details of the proposed office block building: materials and specifications; etc; are given.
19 222924 An Bord Pleanála Page 4 of 48
Objections Objections were made to the application by: Martin Lyons, James Kirwan, Conan Kirwan, Susan and Robert O’Meara, Ultan Donnelly, Brian Hogan, Eoin Lyons, John and Anne Dolan, Richard Bailey, Annmarie McLoughlin, Patricia McLoughlin Dermot McLoughlin Michael McLoughlin and Partick Lyons – Grounds of objection include: human health, safety (12 accidents involving HGV’s), safety of children, amenity, visual amenity, unsuitable date for traffic count, should be close to market, water supply for family and livestock, no consultation; devalue property – blasting no studies carried out, long working day; doesn’t show all houses; dust; not designated in Development Plan; health of livestock - horse rearing, cattle and sheep; NHA SAC, castle. Martin Lyons has permission to build an underground slurry tank on the boundary – danger from vibration. Department of Environment Heritage and Local Government – nature conservation recommendations – letter dated 5th October 2006 includes: The proposed quarry site is adjacent to All Saints Bog and Esker Special Area of Conservation (SAC) and Natural Heritage Area (NHA) Site Code No. 000566. A site synopsis outlining the species and habitats within this area is attached for your information. The proposed extraction area lies just 750 metres at its nearest point from All Saints Bog and Esker SAC. It is our view that development of the quarry as proposed may negatively impact on the hydrology of the EU Habitats Directive Annex 1 priority habitats, Active Raised Bog (EU Code 7110) and Bog Woodland (EU Code 91DO). In addition dewatering of the quarry has the potential to impact negatively on the hydrology of the SAC/NHA. The Environmental Impact Statement (EIS) states that no hydrological investigations were made on All Saints Bog, due to access permission, however this Department owns a large portion of the SAC and no access permission was sought. This failure to investigate the hydrological regime of the SAC casts serious doubt on the veracity of any conclusions on the likely hydrological impacts on the bog and in particular the Annex 1 priority habitat Active Raised Bog. We consider that further hydrological investigations on the SAC are required. The EIS takes no account of the cumulative impacts of other nearby quarry developments, both past and present (including permitted developments that are not yet operational, unauthorised developments and sub-threshold development) on the hydrological regime of All Saints Bog. In particular, no reference is made to the gravel extraction on All Saints Esker, which may be already having a negative effect on the hydrology of this bog. We recommend that the cumulative impacts should be assessed.
19 222924 An Bord Pleanála Page 5 of 48 The EIS takes no account of the cumulative impacts on the hydrology of All Saints Bog of on-going turf cutting and drainage of the bog. This should be assessed also. The EIS states that ‘if any impact on the water levels to the south of the River (below All Saints Bog) are noted then appropriate measures will be taken to prevent this from occurring. The EIS does not state what these measures will be. No provision has been made for hydrological monitoring of water levels within Annex 1 priority habitats Active Raised Bog (EU Code 7110) and Bog Woodland (EU Code 91DO). The appropriate measures should be stated and the proper follow up monitoring detailed. Furthermore the hydrological monitoring regime must be elaborated (i.e. who does what, when and for how long). The EIS states that tree or hedge removal will only take place between 1st September and 14th April as it is a statutory requirement under the Wildlife Acts; the correct dates in Section 40 of the Wildlife Act 1976 and 2000, are 1st September and 1st March. This should be amended. It is noted that the development site may host the Irish Damlelfly (Coenagrion lunulatum). The population of Irish Damselfly (Coenagrion lunulatum) in Ireland appears to be one of the largest in Europe, outside Finland and is, consequently, of some international significance. Further investigation is necessary to determine whether the species is breeding within the development site (in standing water within drainage ditches) and provision made for the maintenance of this population. A further information request issued 9th October 2006 Items requested included – 1 Percolation test results indicate the site is not suitable for disposal of effluent from an effluent treatment system– submit alternative proposals. 2 The location of a private well to be indicated 3 Concerns about the impact on water supplies – provide assurance that you are prepared to satisfy the water supply needs of any well affected. 4 Revised details of the proposed restoration plan dealing with their safety concerns regarding the proposed deep lake 5 Concerns re. blasting and proximity of dwellings, details of operational standards 6 Report on stability of proposed berms 7 Photomontages showing potential visual impact 8 Proposals re. materials from buildings to be demolished
19 222924 An Bord Pleanála Page 6 of 48 9 -12 The nature conservation recommendations (above) quoted in full for a response. Department of Environment Heritage and Local Government – letter dated 16th October 2006 includes: Due to the scale of this development the Heritage and Planning Division of the Department of Environment, Heritage and Local Government would require that an archaeological assessment of the entire development site be carried out as follows: As mentioned in the assessment report, geophysical survey should be carried out across the entire site, particularly in view of the fact that possible barrows have been detected there and barrows tend to occur in groups. If appropriate, more detailed geophysical survey should be carried out in specific areas of archaeological potential, chosen on the basis of the results of the initial survey, after consultation with this department. If appropriate, archaeological test excavations to be carried out, after consultation with this department, in areas where detailed geophysical survey has been applied. The results of the geophysical survey will inform the orientation of trenches etc. Pre-development testing to be carried out across the development site. The results of this testing should be forwarded to this department for consideration. No site preparation or construction work shall be carried out until after the archaeologist’s report has been submitted and permission to proceed has been received in writing from this office. Further information submitted 21st February 2007 Response to item 1 - (percolation test results) – by Malachy Walsh and Partners, Consulting Engineers and Molloy Precast Products Ltd – proposal to overlay existing soil layer with 0.75m layer of topsoil from the quarry area to form a soil polishing filter with a total depth of 1.2m. This is in relation to the location to serve the office building, (there is no reference to the location to serve the working area at the quarry, where effluent disposal was proposed, or that any alternative proposal is being made). Response to item 4 – (restoration plan) – by Enviroco Management Ltd. Creation of a water area is the only restoration option. This lake could be used for nature conservation and amenity purposes e.g. fishing, swimming and scuba diving. Revised drawings by Malachy Walsh and Partners, Consulting Engineers, provide for safety considerations – 3m high security fence, revised edge treatment of quarry. Response to item 5 – (blasting and proximity to dwellings) - by Enviroco Management Ltd the closest house is 250m from the extraction area and 140m from the outer edge of the soil berm. No construction activities will occur closer to this house. The initial blasting will occur approximately 600m southwest of this house. Another house opposite the existing entrance, that is 120m north of the proposed entrance and 130m
19 222924 An Bord Pleanála Page 7 of 48 west of the site office. The locations of both houses relative to the site works is shown in Figure 5.1. During construction phase the maximum predicted noise level at the nearest house is 55.3dB(A), and this will occur when soil berm construction is taking place. The duration of this part of the construction phase is not stated, but UK Minerals Policy Statement 2 is cited as stating that increased daytime noise limits of up to 71 dB(A)L Aeq1h for periods up to 8 weeks in a year at sensitive properties should be considered to facilitate essential site preparation. Typical noise levels from construction activities are quoted in Table 5.1 of the report. Drilling of blast holes will create a noise level of approximately 46.5dB LAeq at the closest dwelling. Blasting will result in ground vibration and air overpressure impacts. The acceptable vibration and air-overpressure limits at sensitive receptors in Ireland is 12mm/sec (peak particle velocity, PPV) for blast frequency of once per week or less and 125 D=dB(Lin) max peak (AOP) as defined in the EPA BATNEEC Guidance Note for Noise in respect of Scheduled Activities. However, a more stringent vibration limit of 8mm/sec (PPV) for a blast frequency greater than once per week is also specified in the EPA Guidance Note. During the construction phase of the quarry, blasting will be required approximately once every 2 weeks. No blast will exceed the 12 mm/sec of meet BATNEEC requirements at sensitive receptors. This is also well within the international guidelines for protection of amenity and prevention of damage to structures. It is proposed that air overpressure from blasting will be controlled within 125 dB(lin); berms will reduce the effects of blasting on houses in the vicinity; and blasting will occur on topographically lower level - approx. 41m OD, than houses - approx. 53m OD and 58.5m OD, this will further reduce the effects of air overpressure on these houses. Monitoring in relation to vibration and air overpressure will take place at the two nearest residences and at the castle at Gallycastle. Traffic does not introduce a new noise impact on the Regional Road. Response to item 6 – (stability of proposed berms) - by Enviroco Management Ltd soil berms have been redesigned – drawing from Malachy Walsh and Partners, Consulting Engineers 11020-5009; topsoil, which would be less stable will be contained in a mound constructed of overburden and if necessary rock armour will be used at the base, in order to limit the width to 14m. Response to item 7 (photomontages showing the potential visual impact) - by Enviroco Management Ltd - photomontages of existing views and the proposed situation with an accompanying map. Response to item 8 – (materials from buildings to be demolished) - by Enviroco Management Ltd - proposals to deal with of demolition of sheds are given. Rresponse to item 11 – (nature conservation recommendations – tree removal) - by Enviroco Management Ltd - appropriate period for tree removal corrected to accord with the Wildlife Acts. In response to item 2, 3, 9 and 10 - Hydro – Environmental Services: Response to item 2 - (Location of a private well) Location indicated – notation error in previous submission.
19 222924 An Bord Pleanála Page 8 of 48 Response to item 3 – (impact on water supplies) - Monitoring of wells is proposed and mitigation such as deepening of wells or lowering of submersible pumps is proposed, subject to agreement with the owners. Predicted dewatering impacts are very small. Response to item 9 & 10 – (nature conservation recommendations cumulative impacts and hydrological monitoring regime) – Follow up agreed survey work following discussions with NPWS – a transect of peat probes across the bog from the end of the original transect towards the southern margin of the bog where the sand and gravel quarries exist. Completion of a topographical survey along this extended transect using dGPS (differential Global Positioning System) surveying methods. It was also proposed to complete some elevation surveying in the northeastern cutaway area and to survey some water levels in the Rapemills River across from the cutaway area. It was proposed to survey water levels in the sand and gravel quarries at All Saints Esker and water levels at the Little Brosna River. Once this data was available a cross section of the bog, the sand and gravel quarry and the proposed limestone quarry could be presented and comparison of water levels could be completed; and It was also proposed that if a mineral soil ridge was found at the centre of the birch stands (on All Saints Bog), that installation of a piezometer couple to allow groundwater level monitoring would also be completed. The results are presented as a peat augering log; mapped details; a geological cross section of the area from the proposed quarry face to the Little Brosna River: drawing no. P1021-1-04; and a report. The hydrology of the area was found to be different to the previous report: report of 15th August 2006 wherein it was stated that: ‘All Saints Bog is noted for its free standing birch forest which exists in the centre of the bog. It is alkaline groundwater that feeds this area and provides the nutrients for these trees to grow in an otherwise acid, nutrient poor environment. The supply of groundwater to this unique habitat is paramount. Understanding the hydrogeological regime around the bog is therefore essential to the protection of the site.(my emphasis) Dewatering of the quarry on the northeastern side of the Rapemills River has the potential to reduce the flow of water to the bog. However, the bog is on the other side of a significant hydraulic boundary, i.e., the Rapemills River. In addition to this the regional groundwater regime is probably heavily influenced by the River Shannon’. The report of the 21st Feb 2007 states: ‘This data means that the original interpretation of up-welling groundwater within the birch stands may not be occurring at this location. However, there must be some source of nutrients to allow large trees to grow. It may be the case that peat thicknesses along the mineral soil ridge may be shallower at other locations within the birch stands and some mixing of groundwater and peat water is occurring over a larger area.’ The report concludes that the proposed quarry is unlikely to cause any cumulative impact and if such impact occurs, mitigation, involving changing the dewatering system of the
19 222924 An Bord Pleanála Page 9 of 48 quarry or implementation of an artificial recharge scheme along the boundary of the bog, will be carried out. Monitoring of groundwater, by deep well on the cutaway area of bog and monitoring of the piezometers in the birch stands, is proposed. In response to item 12 – (nature conservation recommendations - Irish Damselfly) - a letter from Mr Michael Ewing, Ewing Environmental states– In Ireland the Irish Damselfly Coenagrion lunulatum is thought to be confined to the North Midlands and is recorded in about 35 scattered sites. Ireland is known to have the largest reservoir of the species in Western Europe. Clearly then the presence of the Irish Damselfly Coenagrion lunulatum on the land holding adjacent to the proposed quarry site is significant. Coenagrion lunulatum was sighted both on the banks of the Rapemills River and along the drainage ditches that still contained water. Neither the river, at its deeper slowest points nor the drainage ditches would be considered ideal breeding locations for Coenagrion lunulatum. Its preferred environment would be mesotrophic pools in bogs and small sheltered lakes. However, conversely, the adults tend to stay close to breeding sites resting and feeding in marginal and surrounding vegetation, so it does seem likely that breeding is occurring in both these locations. The presence of Coenagrion lunulatum on the lands of Mr Gerard Doorly, but not within the boundary of the proposed quarry development at Garrycastle should not in my opinion prevent the granting of permission for the development, provided that all the recommendations made in my Ecological Study of the 14th July 2006, especially those relating to water being discharged from the site to the Rapemills River, are complied with. This discharge should not be through existing field drains, and these same drains should not be subjected to any disturbance.
PLANNING HISTORY No planning history. Pre-planning meeting in relation to this development stated on application form, 12th June 2006 – no details have been supplied and there is no reference to any pre-planning meeting in the planning report.
GROUNDS OF APPEAL There are three appeals: one from Martin Lyons which includes photographs of views of the site from his road entrance, yard and house. His house is the closest house to the quarry and adjoins its southern boundary. A separate appeal was received from Jim Kirwan, Conor Kirwan, Susan and Robert O’Meara, Ultan Donnelly, Brian Hogan, Eoin
19 222924 An Bord Pleanála Page 10 of 48 Lyons, Dermot McLoughlin, and Patrick Lyons. A separate appeal has been received from Michael McLoughlin, Patricia McLoughlin and Ann Marie McLoughlin. Concerns which may be summarised under the headings: • Adequacy of the EIS • Adverse impact on property, livestock, health and amenities of the area • Traffic Safety • Groundwater • Impact on All Saints Bog and Esker • County Development Plan Designation • Other
Adequacy of the Documentation including the EIS EIS reads like a planning application which is not its purpose in law. EIS is inadequate.
The EIS is critiqued in some detail in the second appeal: There is no evidence that external consultees were consulted. Over 50 quarries have been registered under Section 261 in Offaly alone. There is no evidence of a shortage of capacity in currently developed quarries. The main market is Athlone and Tullamore, these are at the economical transport limit for crushed limestone products and are already well served. The available supply of aggregates is not declining in Offaly. The quarry is outside the economic supply range of almost all the National Route Schemes listed and many of the non-national ones. Non- national road improvement schemes are within the normal scope of Offaly County Council operations and currently served from existing sources. Regarding the reference to railway use – ballast specification is notoriously difficult. Statutory consultees are listed as information sources only. Board should consult DoEH&LG on appeal. Guidelines advise community consultation – no attempt at meaningful dialogue. Alternatives – at least 5 should have been considered, none were, and would rule it out on distance to markets and the impact on horsebreeding.
19 222924 An Bord Pleanála Page 11 of 48 Based on the amount to be extracted, blasting 3-6 weeks, would need extremely large or enormous blasts. Blasting will probably be weekly as would be the case in other quarries of similar size. Nearest house has a background noise of 42dB(A) which will increase to 55dB(A) a 16 fold increase. A rock breaker will be in operation and regular use means that the noise has character, being pulsing in nature. Therefore the appropriate environmental noise limit on this development is 55dB(A) Lart which is equivalent to a 50dB(A) (a 5 dB(A) penalty given the known character noise). 50dB(A) is impossible to achieve at the nearest neighbour. Cone crushers are primarily used to shape chippings, and generate large amounts of dust from 5mm down, along with undersized 10mm and 6mm particles, there is likely to be a need for concrete ready-mix manufacturing, to use the quantities generated, as is normal practice. The wheel wash water should drain to a fuel class petrol interceptor. Having two weighbridges indicates that the scale of extraction stated is less than the intended scale of operation. Traffic reports state 10 loads leaving per hour one per 6 minutes. 1 million tonnes can use a single weighbridge. The scale of fuel tanks is not mentioned, and no details of fuelling of plant of low mobility. The EIS is flawed. Operational hours 8am is the EPA definition of day and 7 am is unreasonable. Noise limits of 45dB(A) 7.00 to 8.00 and 55dB(A) 8.00 to 18.00. Saturday to 14.00. Final restoration – drawings indicate that extension is planned. Wildlife refuge and amenity lake are incompatible. Locked gates is an inadequate safety measure and at odds with proposed amenity use. Monitoring - does not propose to monitor water quality following closure – contrary to Water Framework Directive and Management of Waste in the Extractive Industry Directives Planting does not mitigate noise emissions. Impacts on National / Local Economy: not well located to serve needs; only 11 people employed. Impact on horse industry ignored – DoEH&LG Guidelines protects the bloodstock industry – ignored in EIS. Accidents- no mention of Health & Safety statement for construction phase; signage on public roads. Traffic – levels are much higher in summer with visitors to the Shannon, Clonmacnoise and Athlone. Traffic generation and distribution has been chosen to justify apparent regional distribution. Athlone, the true market, is ignored because it is beyond economic
19 222924 An Bord Pleanála Page 12 of 48 sustainability. Pedestrians should be provided for; need for a turning lane therefore need for footpath and need for lighting. Accident history HGV accidents. Peak hour - 10 trips in and 10 out, implies 20 per hour which is an underestimate and will not transport 50,000 tonnes per annum; requires 100 per day, average 8.3 per hour. Mechanical road sweeper should be available. All static processing equipment should be electrically powered to eliminate emissions. Plant and conveyors enclosed and fitted with dust suppression sprays. It should be noted that average wind speed in the area is capable of picking up dust all year round. Background dust levels measured in November which is too late to assess ‘dry’ weather dust. The EIS appears to suggest that because background levels are low the operational environmental dust levels will be within acceptable limits. Dust generation depends primarily on operational circumstances, distance to boundaries and dust suppression and mitigation. Rock crusher and breaker would not be on reduced quarry floor for a significant period of time and would need high berms and continuous dust suppression for some time. Monitoring is required and none is proposed. Noise- 30 minute test rather than the 1 hour recommended in EPA document.
42dB(A) at the nearest house; 55dB(A) Lart is impossible and should be a reason to refuse. The impact of blasting and overpressure on bloodstock is overlooked. EPA standards require 95% confidence limit not 90% as stated. PPV limit of 8 would normally be imposed (12 stated). Weekly blasts – 48 per year 10,400 – would be normal – deliberately misrepresented. Mitigation – in relation to the processing plant and crushing equipment – not proposed. No noise monitoring programme is proposed unless complaints are received. Lack of care and commitment to environmental management. Water environment – finished level. Abstraction of water 500m3/day is not mentioned in summary. Runoff from fuel, parking and hardstanding areas thru fuel class interceptor. Mitigation measure 8 speaks of percolation areas, but the early part of the EIS mentions discharge to quarry floor. Neighbours use water. The potential harmful effects on water supplies is not adequately addressed. Landscape and Visual Impact – 55m not highest point 59m as per 7.0 Soils and Geology Berms – sectional scale – 10m wide at base 3m at top and 4m high – 4m rise over 3.5m base – 48.80 which is unstable for loose clay – overall width should be minimum 15m. Restoration plan is aspirational and contradictory. Cultural Heritage – another reason why consideration of alternatives must be considered – unknown archaeology – deficient. Flora Fauna - migrating geese are observed almost annually by local residents. The survey was taken outside the mating season and floral growing season.
19 222924 An Bord Pleanála Page 13 of 48 Surface water including the wheel wash water should be recycled and not discharged to quarry floor. ESB requires 3 phase – generator is not an option as it adds to character noise. No mention of Environmental Management System despite recommendation of DoEH&LG
Adverse impact on property, livestock, health and amenities of the area Detrimental impact on the rural residential amenity – noise, dust, traffic. Visual obtrusiveness Devaluation of property Health and quality of life Detrimental impact of blasting, vibration, noise and dust on horse enterprises Michael McLoughlin, Patricia McLoughlin and Ann Marie McLoughlin have 12 breeding mares and rear all of their progeny and they have a stallion at stud and are concerned at the impact of duct, blasting, vibration and noise from the quarry on their horse breeding activity. Martin Lyons has permission to build an underground slurry tank on the boundary and is concerned of the dander from vibration. Martin Lyons states that he is a REPS farmer
Traffic Safety Traffic safety (12 HGV accidents) Conditions for agreement require road improvements – how can traffic safety be ensured
Groundwater Well water supply for family and livestock and public supply
Impact on All Saints Bog and Esker Impacts on SAC/NHA
19 222924 An Bord Pleanála Page 14 of 48 County Development Plan Designation Site was not designated in County Development Plan. They are also state that the there are remaining ruins of the site of Garrycastle and a renowned specimen ‘Síle na Gig’ near the site and are concerned at possible impact of blast vibrations.
Other Lack of consultation or explanation Distance to market has not been addressed and would show that it is beyond economic distance. Conditions imposed by Offaly Co Co are also critiqued. Condition 1 – ( in accordance with documents and EIS) - The EIS could not be relied upon to add to the grant of permission. Condition 3 - (entrance and junction layout for agreement) - all issues relating to roads should be fully agreed and committed to by the developer prior to making a decision. 6 – (Noise limits) - Due to the admitted continuous operation of a rock breaker, the LArt should be used as there would be significant and regular character noise emitting from the proposed development. Background noise levels at N1 lower limits given 16 fold increase in noise levels. A limit of 50LArt is appropriate. Quarterly monitoring should be conditioned. 7 – (blasting) - it is clear that blasting will occur weekly and given closeness to bloodstock PPV of 8mm/sec is appropriate. 8 – (dust) - wheelwash; loads of fines should be covered; monitoring monthly. 10 – (bunding of oil tanks) - bund should be certified annually and should be of sufficient dimension to safeguard several tanks; a concrete apron at the loading point, draining to an interceptor should be conditioned; all fill pipes should be within bunded area; relatively immobile plant should have conditions for their fuelling detailed. 19 – (landscaping) - much wider berms needed. 20 – (road construction) - lighting of access junction; all issues re roads to be detailed prior to decision. 21 – (no condition) - does not exist. 22 – (archaeology) - need for a licensed archaeologist should be copper-fastened by condition. 23 – (discharge of water) - discharge licence should be included.
19 222924 An Bord Pleanála Page 15 of 48 24 – (fencing) - fencing should be childproof – palisade. 25 – (the development shall not be a source of pollution…) - annual report should contain details of all blasts and a topographical survey to show extent of development. 28 – (bond) - bond should be specifically stated and should allow for the restoration of the entire 41.67ha as a detailed extraction plan has not been agreed; index linked and of the order of €30,000 per ha.
Others – bloodstock; impact on residential amenity; weighbridge; parking for employees, trucks; ongoing monitoring of impacts on nearby heritage; community liaison committee; amenity impact offset; Local agenda 21; road sweeper; colour of buildings.
OBSERVATIONS DOEH&LG have submitted an observation attaching their previous recommendations and referring to the decision. Points 9 and 10 of the County Council further information request, sought information on the impact of the quarry on the hydrology of All Saints Bog and Esker SAC 566. Mr Michael Gill, Hydro-Environmental Services, has produced a report on these points. The result of the additional work and future monitoring requirements are outlined in Mr Gill’s report of the 8th Feburary 2007. They note that two piezometers (C9-P1 and C9-P2) have been installed within the bog woodland on All Saints Bog and Esker SAC. It is proposed to install a deep groundwater monitoring well within the SAC on cutaway bog on the southern side of the Rapemills River. • In the report prepared by Hydro-Environmental Services on 8th February, it is recommended that a deep groundwater monitoring well (MW-06) be installed within the SAC. It must be ensured that this well is installed within a stated time frame and that data collection is initiated immediately and pre-operation.
• It must be ensured that monitoring of the two piezometers (C9-P1 and C9-P2) within the bog woodland begin immediately. Pre-operation monitoring of water levels is necessary to get a better understanding of the hydrology of the bog and any future effects of near-by quarrying.
• It must be ensured that monitoring of these piezometers (C9-P1 and C9-P2) and the proposed new monitoring well (MW-06) should take place at monthly intervals, from pre-operation until the end of the first 2 years of operation and after on a quarterly basis until site restoration is complete as the water table will be breached and may impact on the hydrology of All Saints Bog post operation.
• It must be ensured that the hydrological data will be analysed by a suitably qualified person and compiled into a report format yearly and a copy sent to Jim Ryan, Research Branch, National Parks and Wildlife Service of this Department and Offaly County Council.
19 222924 An Bord Pleanála Page 16 of 48 • The above hydrological monitoring programme should be incorporated as part of the Environmental Audit required yearly by the County Council (condition 27) when this is commenced. Information on the status of Coenagrium lunulatum, the Irish Damselfly within the development site should be included in this audit.
RESPONSES Planning Authority The Planning Authority responded that they are satisfied with their decision in relation to the file and have no further comment to make. Applicant The applicant has responded individually to the grounds of appeal stated by each appealant which may be summarised as: Alternatives – the site is the only land under the ownership of the applicant with economical limestone reserves. Noise – the regional road traffic means that residences already experience high levels of noise. Potential sources of noise will be extraction and processing. Processing will be on the quarry floor where it will be screened from adjacent properties. The edge of the proposed extraction area is 250m from the nearest residence; 350m from the house opposite the existing site entrance. A sufficient distance, that with mitigation there will be no significant impact. Monitoring will be carried out. Vibration – vibration and air overpressure limits set by condition no. 7 will not cause any damage to residential structures or other structures. Monitoring will be carried out at the two closest dwellings and in front of the Garrycastle protected structure. Dust - The quarry will potentially give rise to dust levels in the vicinity of the site. Dust monitoring has been carried out to establish ambient levels and mitigation is proposed – monitoring will be carried out. Traffic – 100 inbound and 100 outbound HGV trips per day – the road has sufficient capacity. Visual obtrusion – The site is well concealed from surrounding residences and road users by undulating landscape. Berms will further aid in concealing the extraction area. Devalue property – only partial views; noise and dust mitigation; no impact on horse, cattle or sheep breeding; no traffic hazard; upon completion reinstated as a freshwater lake – therefore no impact on property. Dust and health – ill health associated with dust particle size 10µm (0.001mm); this process will generate particles of greater than 0.06mm (sand). Decision has excluded residents- pre planning. During design and planning, impacts on adjacent residents were considered.
19 222924 An Bord Pleanála Page 17 of 48 Access – It was originally considered necessary to acquire land outside ownership. The proposed site access does not require purchasing land. A Road Safety Audit and Traffic Impact Assessment were carried out. Horse breeding – No breeding of racehorses in the vicinity. The impact is overstated since this is not the main source of income. Potential impacts are related to noise and dust. The closest fields where horses are grazed are located south-southwest of the proposed development site and opposite the existing entrance gate. Noise vibration and dust levels should not impact. NHA/SAC -Detailed mitigation proposed. Not designated in CDP – none are. The emphasis in the plan is to protect the esker network. The EIS reads like a planning application - Responses per item
DEVELOPMENT PLAN and RELEVANT GUIDELINES
Offaly County Development Plan 2003 – 2009. Extracts attached as appendix 4.
The Plan contains various policies relevant to this appeal.
Quarry Development In relation to quarry development the plan in Volume 1 Section 2.8 it states
Mining and Quarrying The Council recognises the importance of sand and gravel extractions in the economic life of the County and its importance as a valuable source of employment in parts of the County. It is also recognised however that exploitation of deposits can have a seriously damaging environmental impact on the scientific recreational and amenity value of the County’s natural landscape particularly its Esker network. The suitability of any such enterprise shall be assessed on the basis of the sensitivity of the local environment to such impacts; the scale of the development proposed and the capacity of the road network in the area to accommodate associated traffic.
It shall be the Council’s policy to ensure that extractions which would result in a reduction of the visual amenity of areas of high scenic or recreational amenity (Map No.s 4a, 4b, 4c) or to areas of scientific importance or of geological, botanical, zoological and other natural significance (Map No. 8A) shall not be permitted. Map No. 8A extracts attached in appendix 4.
Groundwater There are several references in the Plan to the importance of groundwater and aquifer protection in Section 1.2.5 it is stated that the bulk of water supplies in the County are
19 222924 An Bord Pleanála Page 18 of 48 derived from ground water reserves; that they provide a very cost effective source of water supply; and that particular attention must be paid to their protection from contamination. The Council Aquifer Protection Plan is referred to and Map Nos. 3, 3A, 3B, 3C indicate the major aquifer systems in the county on which the council’s Aquifer Protection Policy is based. Development is to be limited within the Aquifer Protection Zones, where such development would present a serious threat to the purity of such resources. This will be achieved by restricting development within the draw down areas of all major sources of ground water used or intended for use for public consumption. Map 3B extract attached in Appendix 4 includes a portion of this site.
Groundwater is referred to again in Section 2.4:
2.4 Aquifer Protection 2.4.1 Groundwater resources The Council recognises the importance of ground water resources to the development of the county. An ever-greater proportion of water supplies in the County will depend on ground water in the future. It will be the Council’s policy to protect these resources in the interest of the common good and public health. Development shall be limited within the Aquifer Protection Zones, where such development would present a serious threat to the purity of such resources. This will be achieved by restricting development within the draw down areas of all major sources of ground water used or intended for use for public consumption. A list of ground water sources is given in Table 12 in this Volume. This list may be added to from time, as new sources become available. Banagher public supply is included in Table 12
Other Plan Policies and Objectives Policies which recognise the immense value of the River Shannon as a major tourist resource and recreational asset; to protect the landscape including the Callows and views of special interest; to encourage the development of Shannonbridge, Banagher and Shannonharbour as focal points; and to investigate the possibility of providing a Linear Park based on the River Shannon from Banagher to Meelick, which take account of the sensitive ecological nature of the Callows area. To protect structures on the Record of Protected structures including Ref No 30 - Garrycastle : ruins of medieval castle with 18thC house attached. Protected natural heritage sites at: Candidate Special Areas of Conservation - (cSAC) Section 1.2.3 including site no. 000566 All Saints Bog and Esker; (site synopsis attached as appendix 6).
Candidate Special Protection Areas (cSPA’s), Section 1.2.4; of which there are only 4 within the County – these are: Middle Shannon Callows, Mongan Bog, Little Brosna Callows, and All Saints Bog (site synopsis attached as appendix 5).
Sensitivity of Landscapes to Development - Table 34 -Class 3 landscapes of high sensitivity; these include: The Shannon River and All Saints Bog
19 222924 An Bord Pleanála Page 19 of 48 County Offaly Groundwater Protection Scheme, Geological Survey of Ireland and Offaly County Council. . Extracts attached as appendix 7.
Calp limestone is one of the most extensive rock units in north Leinster; overall permeabilities and well yields are relatively low. The Banagher public well supply has a high yield for a high proportion of the time, however, the yield drops during prolonged periods of dry weather due presumably due to relatively low specific yield. This may be an indication that the well is located in a fracture zone, which while permeable does not store sufficient water to maintain outputs during long periods without recharge.
Quarries and Ancillary Activities Guidelines for Planning Authorities for Planning Authorities Department of the Environment, Heritage and Local Government, 2004 This publication provides guidance to planning authorities on planning applications and development plan policy as well as s261 of the 2000 Act. These Guidelines are published under s.28 of the 2000 Act hence the Board is required to have regard to them. Chapter 1 Introduction -Section 1.3 of the Guidelines emphasises the important of quarries and gives some information to highlight the continued need for aggregates. Section 1.4 of the Guidelines refers to the potential for environmental impacts.
Chapter 2 Development plan policies in relation to quarries - Section 2.3 recommends that in formulating development plan aims and strategy In an area containing significant aggregate resources, the plan should acknowledge their economic value, which may be of national or regional importance. Since aggregates can only be worked where they occur, priority should be given to identifying the location of major deposits, and to including a commitment to safeguard valuable unworked deposits for future extraction.priority should be given to identifying the location of major deposits, and to including a commitment to safeguard valuable un-worked deposits for future extraction.
Section 2.4 refers to development control objectives in plans; applications should address not only the range of issues outlined in Chapter 3, but also any local issues, such as the protection of the bloodstock industry, for example; and includes comments on bonds and on the upgrading of roads.
Chapter 3 deals in detail with the environmental implications of quarries and sets out best practice which is useful for the assessment of applications and EIS as well as the formulation of planning conditions. Included in detail are considerations related to noise and vibration, dust, water supplies and groundwater, traffic archaeology, water, Environmental Management Systems (EMS). 3.5 Natural Heritage - The advice of the Department of Environment, Heritage and Local Government should be sought if it appears likely that the natural heritage is likely to be affected. However, extraction which could impact on designated conservation areas or sites will not generally be permitted.
19 222924 An Bord Pleanála Page 20 of 48 Chapter 4 deals with planning applications and is more prescriptive in terms of mitigation and planning conditions. Documentation should include: Description of the aggregate(s) to be extracted, method of extraction, any ancillary processes (such as crushing, concrete manufacture, etc.), equipment to be used, stockpiles, storage of soil and overburden, storage of waste materials, settling ponds; total and annual tonnage of excavated aggregates, expected life of the excavation, maximum extent and depth of working (drawings should include sections across the site, including hedgerows and other natural features), phasing programme;
Description of development works (buildings, fixed and mobile plant, roads, fuel tanks, water supply and drainage, earth mounds, boundary treatment, etc.).
Guidelines on the Information to be contained in Environmental Impact Statements Environmental Protection Agency 2002 Gives guidance on the environmental impact assessment stages in a project development - screening/scoping, consultation, consideration of alternatives, collecting information, impartiality, likely significant effects, incorporating revisions, prevention and mitigation, presenting the information and including a non-technical summary.
Advice Notes On Current Practice (in the preparation of Environmental Impact Statements) the Environmental Protection Agency (EPA) 2003 Following on from the earlier guidelines with greater detail on many topics - divided into five sections, on specific aspects to be considered in the preparation of an EIS. Section 1 - the information to be included in an EIS in relation to the description of the proposed development: project description includes - alternatives examined; – characteristics of the project; – existence of the project; – description of other developments. Section 2 - existing environment, impacts and mitigation measures, the description and analysis of specific environmental topics. Section 3 – topics which would usually be addressed when preparing an EIS for a particular class of development, highlighting typical issues which arise, grouped into 33 generic types, which have similar development or operational characteristics. Section 4 – consultation; lists of government departments, agencies, organisations, institutes and NGOs who may be consulted during the preparation of an EIS. Section 5 - a short description of the most common problems in practice in the preparation of environmental impact statements.
Environmental Management Guidelines – Environmental Management in the Extractive Industry (Non-Scheduled Minerals) The Guidelines present a summary of current environmental management practices for quarries and ancillary facilities, providing detailed information on good environmental management and specific details in relation to ecology, surface water, groundwater, air,
19 222924 An Bord Pleanála Page 21 of 48 noise and vibration, landscape and aftercare, waste, archaeology, transport and traffic and energy as well as guidance on the design of lagoons and requirements for monitoring.
Development Management Guidelines for Planning Authorities, Department of the Environment, Heritage and Local Government, 2007
Pre –planning meetings 2.9 - Keeping a record of what was discussed - Section 247 of the Planning Act requires the planning authority to keep a written record of pre-application consultations under the section, including the names of those who participated. A copy of such record (and any documentation submitted) must be retained and placed on the planning file in the event of a subsequent planning application in respect of the proposed development. It will be necessary for the planning authority to have in place for records of pre-application consultation an appropriate filing system, that may be easily queried/searched when a planning application is received. As records of pre-application consultation form part of the planning file, they also should be forwarded to the Board in the event of an appeal. Circular letter PD 2/07 and NPWS 1/07 This gives guidance to competent consent authorities in relation to development affecting Natura sites, see appendix 8 for a copy of the letter.
PLANNING ASSESSMENT
I intend to deal with the following issues: Adequacy of the Documentation including the EIS Adverse impact on property, livestock, health and amenities of the area Traffic Safety Groundwater Impact on All Saints Bog and Esker County Development Plan Designation Other
19 222924 An Bord Pleanála Page 22 of 48 Adequacy of the Documentation including the EIS
Adequacy of EIS,
The appealants state that the EIS reads like a planning application and is inadequate. They state that the application does not deal adequately with distance to market. They critique specific aspects of the EIS.
I have been requested by the Board in a memo dated the 11th July 2007 to deal with the adequacy of the EIS.
I consider that the EIS submitted is inadequate in a number of respects: in omitting reference to the cSPA All Saints Bog and in relation to its assessment of alternatives.
There is no reference to the cSPA All Saints Bog in the EIS. The cSPA is an important natural heritage designation and its omission is a serious deficiency.
There was no examination of alternatives in the Environmental Impact Assessment and therefore no alternatives are included in the EIS: under this heading the EIS states that this is the only site in the ownership of the applicant; no serious attempt is made to give details on the need for the product in the area which the proposed development will serve; existing producers, their potential to supply the market; or other potential sources. The examination of alternatives is a basic requirement of Environmental Impact Assessment and the failure to consider alternatives is a serious deficiency.
I consider that the inadequacy of the EIS is sufficient reason to refuse permission.
Adequacy of application documents,
Information on plant and machinery is not specific to the proposal and only generic information on these aspects of the development is given. There is no information on the location or scale of plant; no specific information on stockpiles; and inadequate specific information, on the operation of the quarry.
The plans and elevations of the proposed office give no details of materials etc.
There are many inconsistencies in the documentation, for example the maps. Site Map 11020-5001 Rev A indicates the entire landholding as the site; the EIS figure 5.2.2.1 indicates that a smaller area within the landholding is the site. There are various other means used to indicate the site location / area.
In relation to effluent disposal, the geological, hydrological and hyrdogeological assessment report refers to a proposed wastewater system to service the welfare facilities at the processing area. Some drawings for example the site map included in the report dated 24th Jan 2007 detailing proposals to deal with effluent discharge from the office block, show two locations for effluent discharge, one west of the office block and one at the south-western end of the site to serve a temporary portable office and toilet. There
19 222924 An Bord Pleanála Page 23 of 48 are no details of the latter treatment system, nor is it included in the public notices; and there are no details of the temporary portable office and toilet.
Adverse impact on property, livestock, health and amenities of the area
Health and Quality of Life - The appealants have concerns that the proposed development will have a negative impact on their quality of life and health. The applicant has responded in relation to the effects of dust. They point out that ill health effects are commonly associated with dust particle size smaller than 10µm (0.001mm), which can enter the human respiratory system. They say it is very unlikely that silt or other organic matter smaller than 10µm will be encountered during processing stone. The proposed development: extraction of limestone and processing in a dry screening plant, typically generates dust containing particles of greater than 0.06mm (sand). (It is stated that processing will be carried out at the quarry floor. The quarry floor will not be lowered below ground level for some time. In addition there will be very considerable amounts of soil and subsoil removed to expose the rock; and soil movement within the site to create berms and to store soil for the duration of the quarrying. All of which give rise to the risk of tiny particles, smaller than 10µm (0.001mm), becoming airborne. The applicant states that wind speeds of 3-5 meters per second are required to pick up even small quantities of dust and as wind speed increases, the greater the probability of particles becoming windborne. The meterological data submitted in table 5.1.3 of the EIS shows that wind speeds recorded in the area (Birr) over the period of record (1960 – 1990) are sufficient throughout the year to enable particles to become windborne. The applicants quote the TA Luft standard of 230-350 mg/m2/day stating that it is unlikely that this standard will be breached with the proposed mitigation. Should the Board be minded to grant permission it is considered reasonable to require that monitoring equipment be installed to measure dust deposition at site boundaries.
The visual impact – the access, and lighting, if it is provided, will impact on the road and the immediate neighbours, likewise the office and weighbridge areas will be visible to road users and from some neighbouring properties. Stockpiles are likely to be visible from the road but there is insufficient information provided to enable an assessment of the visual impact of stockpiles. The extraction will not be visible from the road or houses along it, when the quarry floor is lowered. The main visual impact of the extraction area will be from the south west and this has not been addressed in the photomontages submitted. This is where All Saints Bog is located.
Noise – The appealants have concerns regarding noise. Noise impacts were examined with reference to boundary conditions and human perception. There has been no consideration of the effect on livestock, bloodstock or other fauna particularly within All Saints Bog and Esker SAC, cSPA. It is noted that the daytime noise at the Rapemills river was recorded as 35dB(A). The EIS commits to noise levels not exceeding 55dB(A) at sensitive locations, i.e. the adjoining dwelling (where the current noise level is 42.13
19 222924 An Bord Pleanála Page 24 of 48 dB(A)); in accordance with the EPA Guidelines. The EPA guidelines advise that where low noise levels exist lower maximum levels are advisable. Noise associated with the development would have significant adverse impact on the amenities of the protected area and the adjoining residential development.
Vibration – Appealants have raised concerns regarding the effects of vibration and one appealant Martin Lyons has concerns regarding his permission to build an underground slurry tank on the boundary with the subject site. The applicant has responded that the vibration and air overpressure limits set by condition no. 7 will not cause any damage to residential structures or other structures. Monitoring will be carried out at the two closest dwellings and in front of the Garrycastle protected structure.
Dust – The appealants have concerns regarding dust. The weather information presented indicates that average wind speeds in the general area, throughout the year, are sufficient to allow particles to become windborne. The site is higher than the lands to the southwest and with the prevailing winds from the south west it would be a relatively windy location. Dust has the potential to give rise to impacts, including health as stated above, and this has been dealt with in some detail in the documentation submitted. It has also potential to change plant species composition; to lead to the loss of sensitive plant species; increase inputs of mineral nutrients; and alter pH balances none of which have been addressed in any detail in the application documentation.
Devaluation of property - Appealants have raised concerns regarding the devaluation of property. The proposed development will have negative impacts on the residential amenities of the area in a number of respects. Noise impact for some properties is predicted to increase noise levels from 42.13 dB(A) to 55 dB(A) Leq (as stated in the submission to the Bord dated 14th May 2007). Having regard to the low existing background noise it is considered that this will have a significant adverse effect on the amenities and value of this property.
Bloodstock - Appealants have raised concerns regarding the impact of the proposed development on horse enterprises. The applicant has dismissed concerns raised in relation to horse enterprises, stating that they are not race horses. The ‘Quarries and Ancillary Activities Guidelines’ recommends that Development Plans should include development control objectives including local issues such as the protection of the bloodstock industry. The term bloodstock industry is reserved for the breeding and trading of thoroughbred race horses. Although this often involves small enterprises, and therefore affects places which are not necessarily well known locations, none of the appealants or objectors to the planning application have claimed that thoroughbred horses are reared in the area and it is likely that this would have been brought to the attention of the planning authority or the Board if this were the case. The proposed development is therefore unlikely to affect the bloodstock industry.
The impact on livestock rearing, including horse rearing for which land in this area appears to be suitable, has not been dealt with in considering the effects of noise, vibration or dust. Dust deposition on land has not been considered. These issues have
19 222924 An Bord Pleanála Page 25 of 48 the potential to adversely affect agricultural use of the land and may devalue agricultural property.
The quality of life of adjacent residents, particularly the house to the south and the house opposite the office, will be negatively impacted on by the general level of noise, by blasting noise and vibration, and the level of activity (including traffic) on the site. If lighting is provided it will alter the night-time character of the area, even after activity on site has ceased causing light pollution which will have a negative effect on the amenities of adjacent properties.
I consider that the adverse impact on adjoining residences and property is sufficient reason to refuse permission.
Traffic Safety
Appealants have raised concerns regarding the traffic safety; they are concerned that there are conditions requiring road improvements for agreement. They have commented that the EIS recommends but does not commit to a grass verge and that if a turning lane is required, the protection of a footpath is required for the public in the vicinity. The applicant states that site access has been designed in accordance with National Roads Authority (NRA) guidelines and that any changes to the highway would be required to be constructed in accordance with the Design Manual for Roads and Bridges (DMRB), published by the NRA.
The proposed entrance is shown on drawing titled ‘Access from R 439’, no. 11020-5008 Rev.A; submitted to the planning authority on the 16th August 2006. This shows road improvements over the length of the site frontage. The carriageway is shown widened to provide a right turning lane from Banagher and a ghost island from Birr. Lighting columns are shown along the entire site frontage together with one in the line of the stone wall opposite the centre of the access roadway. The columns along the site frontage are indicated within the site and no verge is shown on the drawing. The access roadway is centrally located along the road frontage and there is a fairly sharp turn north westwards to the proposed location of the offices and weighbridge. The EIS states, in relation to traffic and transport, in the Stage 1 Audit, that the need for road lighting is not apparent and it may affect users perception and could increase risk just beyond lit sections; (note: there is an entrance to a dwelling / farm at each of the lit section); the audit recommends that: the need for, standard, and extent of lighting; should be reviewed. No details of such a review have been submitted.
The stage 1 audit states that it would be desirable but not necessary to provide facilities for pedestrians, i.e. a grass verge. This has not been shown on the drawing. It would also appear from the drawings that a grass verge could be provided.
19 222924 An Bord Pleanála Page 26 of 48 There is a conflict of evidence submitted between the applicant and the objectors in relation to accidents along this stretch of road: the applicant stating that there are no accident statistics and the objectors stating that there have been 12 accidents over the past number of years.
The County Development policy in relation to development on nominated regional roads, including the R439 states that development will be controlled on this road.
The documentation submitted as part of the planning application indicates that there is capacity for the projected traffic on the surrounding road network. These are important road safety issues which have not been resolved. Although the appropriateness of having or not having lighting at the junction with the public road has not been determined in the documentation on file, this is a matter which is capable of resolution. The provision of a grass verge for pedestrians, could be dealt with by condition.
I do not consider that traffic safety is a reason to refuse permission.
Groundwater The appealants have raised concerns regarding the risk to water supply: wells, including the Offaly County Council supply.
The EIS states in relation to existing groundwater environment that ‘the results of the geophysical surveys would also suggest that there are no faults or major conduits for groundwater flow below the site. In addition to this the drilling data from the site would suggest very tight bedrock with very thin fractures and only minor amounts of groundwater through flow,’ (8.3.1). The main consideration which has been dealt with in relation to wells in the vicinity has been in relation to drawdown: that the quarry development could lead to lowering of the water level in local wells. The indications are that the limestone is tight with low permeability and that the drawdown effect will not be significant. In their response to the grounds of appeal the applicant states that mitigation measures of replacement/deeper wells or alternative supplies have been proposed.
The potential for contamination of the groundwater has been considered in Table F of the Geological, Hydrological and Hyrdogeological Assessment Report , quoted in Table 8.4.1 of the EIS, and risks after mitigation are considered to be low to very low in all cases.
Currently the bedrock aquifer is assigned a vulnerability rating of extreme. The exposure of rock will increase this vulnerability. It is very difficult to determine what conduits or faults exist below ground. The Geological, Hydrological and Hyrdogeological Assessment Report states (4.3.4) that ‘detailed analysis of expected drawdown effects cannot be completed with the available data. Even if further data were available the accuracy of the predictions would be questionable as ultimately the impacts will depend
19 222924 An Bord Pleanála Page 27 of 48 on whether the quarry intersects a large fracture or not. Given the large area of ground to cover there is a large amount of uncertainty involved in understanding the subsurface of the rock and how water flows through the fractures in the rock.’ It also states that ‘the quarry has been purposefully kept shallow (i.e. <20m deep) in order to avoid deeper palaeo-karst systems (deep underground plumbing systems) which may exist below the site (and may be associated with come of the larger yielding wells in the area which all seem to have large water strikes at depth). If the groundwater becomes contaminated it is very difficult to predict the direction or speed of flow of the contaminants and it is very difficult to remove the contaminants. The public supply source is of particular concern since it is the supply for the Banagher area. The council have established a protection zone which includes part of this site. I consider that the potential for groundwater contamination arising from the proposed development is of sufficient concern to warrant refusal of permission.
Impact on All Saints Bog and Esker The appealants express concerns about the effect the proposed development will have on All Saints Bog and Esker. European natural heritage sites include sites under the Habitats Directive: these are Special Areas of Conservation – SACs; and sites under the Birds Directive: these are Special Protection Areas - SPAs. All Saints Bog is designated under both. All Saints Bog SPA All Saints Bog is a Special Protection Area (SPA): that is, an area for the protection of birds; made under statutory instrument 298 of 1996. The site synopsis is attached to this report: appendix 6. All Saints Bog was formerly an important refuge for part of the internationally important population of Greenland White-fronted Geese based on the River Little Brosna. The geese would utilise the bog when disturbed from the callows. In recent years, however, there has been little or no use of All Saints by the geese following a general trend of less usage of raised bogs and also perhaps due to disturbance from peat milling activities on the bog adjacent to the site. Merlin has been seen on the bog during the breeding season and probably nests. No information has been submitted, in the EIS or otherwise in the application, on the potential impact of the proposed development on the SPA.
All Saints Bog and Esker cSAC All Saints Bog is a candidate Special Area of Conservation (cSAC). The site synopsis is attached to this report: appendix 7. All Saints’ Bog is a unique bog, important for its vegetation types, plants, invertebrates and birds, separated from the Little Brosna Callows by a fragmented esker ridge.
19 222924 An Bord Pleanála Page 28 of 48 The site is unique in that it contains the largest stand of birch woodland in the country growing on an active raised bog. All Saints Bog and Esker SAC contains Annex 1 priority habitats Active Raised Bog (EU Code 7110) and Bog Woodland (EU Code 91DO Coenagrium lunulatum, the Irish Damselfly, identified in the area as part of the survey for this application, is described in the nature conservation recommendations of the DoEH&LG, letter of 5th October 2006, as of some international significance.
The importance of All Saints Bog and Esker SAC is known, and is reported in the EIS. The maps showing the location of the site in relation to the protected SAC are inconsistent as are the descriptions of the separation distance. All Saints Bog and Esker is located across the Rapemills River from the applicants landholding and about 750m from the site. The EIS states in relation to the ‘free standing birch forest which exists in the centre of the bog. It is alkaline groundwater that feeds this area and provides the nutrients for these trees to grow in an otherwise acid, nutrient poor environment. The supply of groundwater to this unique habitat is paramount. Understanding the hydrogeological regime around the bog is therefore essential to the protection of the site’. Further information was presented on geology and hydrology, arising from the further information request. The additional information collected, led the author, Michael Gill, to re-evaluate the hydrology of the bog ‘the original interpretation of up-welling groundwater within the birch stands may not be occurring at this location. However, there must be some source of nutrients to allow large trees to grow.’ The information submitted as part of this application does not provide understanding the hydrogeological regime around the bog or an understanding of the supply of groundwater to the unique habitat – the free standing birch forest; which the EIS considered to be of paramount importance.
Circular letter PD 2/07 and NPWS 1/07 refers to Natura 2000 sites – that is SAC’s and SPA’s stating that ‘it is a requirement of the Habitats Directive (92/43/EEC) that the competent consent authority, which in this case is the planning authority or An Bord Pleanála on appeal, must ensure that a proposal which is likely to have a significant effect on an SAC of SPA, is authorized only to the extent that the authority is satisfied it will not adversely affect the integrity of the area.’ That is the case where no reasonable scientific doubt remains as to the absence of such effects. The circular states that ‘where the (natura) site is of ‘priority’ importance (which are indicated in the Annex 1 of the Habitats Directive with an asterix), permission should only be granted on the basis of reasons of human health and public safety’. All Saints Bog and Esker SAC is a priority site.
I am not satisfied that there is sufficient understanding of the hydrology of the cSAC/SPA or sufficient information on other potential impacts including dust, noise and vibration on the flora and fauna to establish conclusively that the proposed development will not impact negatively on the cSAC and SPA.
19 222924 An Bord Pleanála Page 29 of 48 The potential impact of the proposed development on the protected Coenagrium lunulatum, Irish Damselfly, is also of concern.
The cSAC/SPA has potential for amenity use and for visitors to appreciate the natural heritage of the area; in conjunction with the Council’s proposals to consider providing a Linear Park based on the River Shannon from Banagher to Meelick, which takes account of the sensitive ecological nature of the Callows area. The tranquility of the area contributes to the enjoyment of the natural heritage and the operation of a rock quarry is entirely incompatible with protecting the amenities of this area. I consider that there is insufficient information available on the potential impacts including dust, noise and vibration on the flora and fauna of the adjacent protected natural heritage site to establish conclusively that the proposed development will not impact negatively on the cSAC and SPA.
County Development Plan Designation
Appealants have raised concerns that the site was not designated in the County Development Plan.
The Quarries and Ancillary Guidelines 2004, which post-date the County Development Plan, recommend that areas containing significant aggregate resources should be identified in the Plan. This site has not been identified as an aggregate resource in the County Development Plan but this should not, in itself be a reason to refuse permission.
Other designations in the County Development Plan which are relevant to the appeal include:
Policy of ensuring that extractions which would result in a reduction of the visual amenity of areas of natural or scientific importance, are not permitted
Policies for protecting landscapes of high sensitivity
Policies for protecting listed natural heritage sites.
I do not consider that the fact that the site is not designated as a potential source of limestone is a reason to refuse permission.
Other
Lack of consultation or explanation Although consultation is recommended in the Guidelines in relation to quarrying proposals, it is best practice advice rather than a legal requirement. I do not consider that
19 222924 An Bord Pleanála Page 30 of 48 lack of consultation or explanation should be a reason to refuse permission for the development.
Distance to market
The response given is that the applicant has examined the commercial aspects of the proposal and would not be proceeding if it wasn’t an economic proposition. The introduction to the EIS dealt with ‘need’ quoting the National Development Plan, Offaly County Development Plan and in particular listed the objectives in relation to national and non-national roads. Letters expressing a general interest in quarry products have been submitted. In the absence of any examination of alternatives, including information on existing and permitted development these submissions can not be taken as evidence of need in the area. Distance to market is relevant in relation to the consideration of alternatives and insufficient information is available on this issue. This issue is related to the adequacy of the consideration of alternatives.
Garrycastle Appealants have raised concerns regarding the protection of ‘Garrycastle’ and other archaeological heritage.
The ruins of ‘Garrycastle’ is located some 750m north of the proposed site. The proposed development will not be visible from Garrycastle. Vibration levels are not likely to cause structural damage and it is proposed to install monitoring equipment beside the castle.
Possible archaeological features have been identified on the site. The Department of Environment Heritage and Local Government have given advice in their letter to the planning authority on the 16th October 2006, on the archaeological assessment which would be required pre-development; and appropriate mitigation could be achieved in relation to archaeology.
RECOMMENDATION
I recommend that planning permission be refused for the proposed development based on the reasons and considerations set out below.
19 222924 An Bord Pleanála Page 31 of 48
REASONS AND CONSIDERATIONS
1 It is considered that the proposed Environmental Impact Statement does not comply with the provisions of Schedule 6 (1)(c) of the Planning and Development Regulations 2001, in that the applicant failed to consider the SPA ‘All Saints Bog’ and therefore the data submitted is inadequate to identify and assess the main effects which the proposed development is likely to have on the on the environment.
2 The Board is not satisfied that sufficient information was provided as part of the application, on the environmental impact of the development, in so far as there was no examination of alternatives, indicating the reasons for the choice of this site taking into account the effects on the environment.
3 The site is close to All Saints Bog and Esker which is a designated candidate Special Area of Conservation and Special Protection Area and which it an objective of the Development Plan to conserve. It has not been established that the proposed development would not have adverse effects on these habitats which include EU Habitats Directive Annex 1 priority habitats, Active Raised Bog (EU Code 7110) and Bog woodland (EU Code 91DO); the proposed development is therefore contrary to the proper planning and sustainable development of the area.
4 The proposed development would have serious negative impacts on the amenities of the area. Having regard to the location of the proposed quarry in close proximity to existing dwellings and farms, it is considered that the proposed development, notwithstanding the mitigation measures proposed in the Environmental Impact Statement, would seriously injure the amenities and depreciate the value of properties in the vicinity.
5 Having regard to the location of the proposed development on a locally important aquifer of extreme vulnerability, and close to a number of wells, including the source of the public supply in the area and partly within the groundwater protection zone of that source; it is considered that the proposed development would pose an unacceptable risk of groundwater pollution.
______Dolores McCague Date Inspectorate
19 222924 An Bord Pleanála Page 32 of 48 Appendices
Appendix 1 Photographs and map key Appendix 2 Geological, Hydrological and Hydrogeological Assessment Report Appendix 3 Summary of EIS Appendix 4 Extracts from County Development Plan Appendix 5 All Saints Bog proposed candidate Special Protection Area (cSPA), site map and site synopsis Appendix 6 All Saints Bog and Esker Special Area of Conservation (SAC), site map and site synopsis Appendix 7 Extracts from County Offaly Groundwater Protection Scheme. Appendix 8 Circular letter PD 2/07 and NPWS 1/07
19 222924 An Bord Pleanála Page 33 of 48 Appendix 2 A Geological, Hydrological and Hydrogeological Assessment Report was submitted as part of the planning application. The report includes: description of proposed development – dewatering of the quarry will be required to a depth below 27mOD. Surface water and dewatering water will be pumped into settlement ponds and the outfall will discharge to the Rapemills River. Local watermain connection to be used for site offices water supply. A proposed well will be drilled on the eastern part of the site near the site offices to be used in the sprinkler system. Two proprietary wastewater treatment systems will be constructed at the site; one at the site offices and the other at the processing area – west of the site. Data acquisition: from desk and walkover surveys; drilling 3 monitoring boreholes (previously 6 rotary boreholes were completed in 2002); 15 trial pits to determine the geology and thickness of local overburden; peat augering and piezometer installations along one transect on the southern side of the Rapemills River towards All Saints Bog; sampling of surface waters and groundwater; 72 hour pumping test; seasonal variations in groundwater determined by rounds of monitoring; 3 staff gauges have been installed along the Rapemills river and water level data was recorded during rounds. Audit of wells including public supply source 1.5km northeast of the proposed quarry site. Two production wells with alternate pumping for 20 to 21 hours a day producing 400-420m3 /day – figure 2 includes details of the audit: Appendix A, data sheets. Six boreholes were drilled in 2002 (geological logs are included in geological report as appendix to EIS); standpipes were installed in three of these to allow monitoring of water levels; three additional monitoring wells were drilled; monitoring logs are attached as Appendix B and summarised in Table 1 to report. 15 trial pits were excavated and detailed in Appendix C& Figure 3 to report. 72 hour pumping test March 2006 from the well on site. Monitoring of water levels in the pumping well and in all local observation wells: Appendix D and Figure 4. Seasonal water level data is presented in Table 2 of the report.
Piezometer transect - All Saints Bog Owing to the proximity of the site to All Saints Bog (cSAC), and the intended dewatering of the proposed quarry, an understanding of hydrology and hydrogeology of the wetland is required. Transect of piezometers and phreatic tubes was installed; installation details and depths presented in Table 1; water level data in Table 2 of the report. In addition a number of peat probes were completed on the southern side of the Rapemills river to establish the depth of peat in the area. Locations are show in Figure 3 and grid references are given in Table A of the report. Geological logs and installation details are in Appendix E
19 222924 An Bord Pleanála Page 34 of 48 River monitoring: three stage boards on the Rapemills River and one on R Shannon at Banagher Bridge at locations shown in Figure 2. Appendix F shows data for the R Shannon.
Baseline groundwater and surface water quality data – samples taken from: groundwater -from Banagher Public Supply well, from site, from local well; a groundwater and springwater sample from site in 2006; surface water: from Rapemills River, various data 2004 – 2005 of samples taken at Rapemills Bridge, samples from site October 2004. Summary in report shows that, with the exception of the spring on site, where elevated levels of nitrate - NO3 was found, all waters were within the Irish Drinking Water Guidelines.
Geophysical surveys: an EM31 conductivity readings at 10m spacings along 50m spaced lines to outline variations in overburden thickness, including possible infilled collapsed zones, and zones of shallow rock; 15 no. 2D Resistivity Profiles around the site to provide information on overburden thickness and rock type, 5 of which were for a specific area of the site; 2 no. Seismic Refraction Profiles, to provide information on overburden stiffness and bedrock profile and rock quality, details in Appendix H.
Soils and Geological Environment Table B summary of trial pit geology, locations of pits, given in Figure 3. Three distinct areas on site are found: northern and eastern 0-1m overburden; central 1-3 overburden; southwestern 3m+ overburden. General depth to bedrock in the area is shallow 1.5m to 14m. Deeper overburdens may be associated with a geological fault that is mapped to the north of the site. On the western side of the Rapemills River peat depths were found to vary between 1.12m and 2.82m and it would be expected that thickness would increase towards the centre of the dome. All Saints Esker lies between the Rapemills River and Little Brosna River Cross. Using the various site investigation data and the topography map of the site a number of geological cross sections have been drawn. Sections AA and BB are across the proposed quarry; CC to Rapemills River and DD west of river.
Solid Geology – published data shows site located along the transition between the Lucan formation and Waulsortian Limestone of Dinatian age. Drilling has shown that the site is underlain by ‘Calp’ limestone of the Lucan formation. (Note Mr John Colthurst’s report submitted as part of the EIS states that drilling suggests that it is ‘Calp’ limestone of the Lorrha formation). A published geological fault runs north of the site aligned NW SE. The location may be slightly different to that mapped. The Geological Survey published a map in 1992 by Murray Hitzman and this has been superceded by Sheet 15 in 2005. Hitzman’s map shows the Garrycastle area lying on the boundary between Waulsortian Reef to the north around Banagher and the overlying Calp limestone. Calp outcrops at least as far north as Garrycastle, 600m north of the site, therefore the contact with the Waulsortian Reef is farther north than the map shows. Bruck (1985) described ‘Calp’ of the Lorrha Formation around Birr as 400m thick and consisting largely of limestone with rare shales. Well sorted limestone, dark grey, medium grained calcarenites with an abundance of bands and nodules of chert. The limestone is well bedded, with beds
19 222924 An Bord Pleanála Page 35 of 48 varying in thickness from 0.5m – 1.0m. Shales, generally not common vary from 0.02m – 0.20m the disused quarry at Garrycastle shows a similar profile.
Drilled holes show the dominant lithology: dark grey, fine-grained limestone. Chert was recorded in all six holes. Some 2D resistivity profile 6, shows that there may be shallow weathering to depths of 3m below ground level. Deeper weathering around central groundwater spring may exist.
Potential significant impacts to the soil and geology environment would be local only.
Water Environment Existing surface water; regional described above. Site slopes from east to west. The higher part of the site does not have a defined drainage system. Below the break in slope are a number of ditches, some man-made, draining towards Rapemills River. Some run dry in the summer. Land to the west of the spring is marginal and poorly drained. Average annual rainfall at Banagher - 842mm; Birr - 804mm (1960 – 1991). Surface water quality: Table C site (one sample on site with slightly elevated nitrate levels) and Table D; Rapemills River where water quality is relatively unpolluted.
Surface water discharges – from base of quarry into settlement ponds designed as overflow ponds with discharge to one of the site ditches and the Rapemills River. Any discharge to be licensed.
Description of the existing groundwater environment.
Regional and Local Hydrogeology. Described in the Banagher Water Supply Scheme – Source Protection Report for the Clontotan (Boheradurrow) Boreholes (GAI, 2004). The report suggests that the geological fault mapped between the proposed quarry site and the Council Boreholes at Boheradurrow is significant in terms of yield of these wells. In general the mapped geology would suggest a poor or locally important aquifer with only localised potential for development of significant water supplies from groundwater. The supply wells at Boheradurrow have a maximum yield of 717 m3/day (an excellent yield). It is concluded that the mapped fault line is the main permeable pathway through which groundwater flows towards the Council wells. The report also suggests that the groundwater in the area is generally unconfined and has good water quality, although some human impact is occurring. These include a transmissivity of 45-70 m2/day, and a permeability of 0.9 – 1.4 m/day. The report also suggests that aquifer parameters away from the mapped fault zone would be expected to be significantly poorer. One of the well audit points (PW – 10) also reported that the well yield at the site was estimated at 10,000 gal/hr. This would suggest a daily yield of approximately 1090 m3/day. This well is located at Taylors Cross and also lies on the line of the mapped geological fault (NW-SE trend) which runs across the Boheradurrow area adjacent to the Council wells. Groundwater from Taylors Cross is expected to flow along the fault (in a northwesterly direction) towards the River Shannon.
19 222924 An Bord Pleanála Page 36 of 48
Regionally groundwater flow is expected to be towards the River Shannon. However, on a local scale groundwater contours are expected to be influenced by topography. Geological features such as mapped fault lines will also influence the direction of groundwater flow.
There are no mapped geological faults at the site. The results of the geophysical surveys would also suggest that there are no faults or major conduits for groundwater flow below the site. In addition to this the drilling data from the site would also suggest very tight bedrock with very thin fractures and only minor amounts of groundwater through flow.
Hydraulic parameters for the bedrock aquifer have been estimated based on the recovery data from the pumping test. The permeability of the Calp limestone in the area of the site is estimated at 1.35 x 10-3m /day
Assessment of the Hydrology of All Saints Bog The supply of groundwater to this unique habitat is paramount. The bog is on the other side of a significant hydraulic boundary, in addition the regional groundwater regime is probably heavily influenced by the R Shannon. It is probable that the fragmented esker to the south of the bog plays an important part in the recharge of rainwater to groundwater and subsequent up-welling of this water below the birch trees. The esker forms the central groundwater divide between Little Brosna river to the south and the Rapemills river to the north. Recharge along the eskers will flow in either direction to either river. Owing to the extent of peat deposits and the thickness of lacustrine clay below the bog and adjacent Rapemills river it may be possible that this causes groundwater heads below the bog to rise, as discharge to the river via baseflow is slow owing to the low permeability of the subsoil along the river. This rise in groundwater head causes the resurfacing of deeper groundwater in the area of the birch trees. (note the further information supplied by the applicant, at the request of Offaly County Council, contradicts this theory). Preliminary assessment of the hydrology of the bog. A transect of peizometers and groundwater measurements were recorded. In addition to this a number of peat depth probes were completed in the field adjacent to the Rapemills river. The investigations on All Saints Bog was limited by access permission. Geological profile from the Rapemills river towards the bog is shown in Cross-Section DD on Figure 5. The thickness of lacustrine clay below the peat reduces from the river towards the centre of the bog. The gradient or head difference would suggest that there is an upward flow from below the lacustrine clay towards the peat layer; although small because of the low permeability of the lacustrine clay. The lacustrine clay does not extend far onto the proposed quarry site and the sand and gravel deposits below this layer, which appear to be present on the southwestern side of the river are absent on the northeastern side. Given that the underlying bedrock also has low permeability, the main discharge areas for the groundwater held in the sand and gravel below the bog is upwards where clay is absent (like in the Birch stand areas) or into the Rapemills river where clay has been removed by arterial drainage works.
19 222924 An Bord Pleanála Page 37 of 48
The proposed quarry is almost 750m from the bog – it is not expected that dewatering will have an impact on groundwater at a distance of 200-300m away from the open quarry. Therefore it is unlikely that the groundwater below All Saints Bog will be affected.
Aquifer Classification and Groundwater Vulnerability Locally important and generally moderately productive aquifer; of extreme vulnerability.
Quarry Dewatering De-watering will be by sump pump, with well point discharges at the quarry boundary if required. Discharges are expected to be low. Some will be recycled and the rest discharged to settlement lagoons and the Rapemills river; 300-500m3/day for the full quarry. The quarry is being kept shallow to avoid deeper groundwater plumbing systems that may exist. It is expected that drawdown effects will be less than 0.5m.
Groundwater usage – houses and farms have bored wells and the Banagher public water supply scheme is from source wells northeast of the site. Potential impacts on wells is expected to be negligible.
Groundwater chemistry table 8.3.6.1 shows details of samples – quality is generally good. A sample from the spring (on site) showed nitrate levels above the EC Drinking Water Guidelines.
Impacts and mitigation- these are detailed in table 8.4.1 and include removal of overburden and increased vulnerability of bedrock aquifer to pollution by oil or chemicals, surface water runoff may contain suspended solids; dewatering effect on groundwater levels; oil tanks; contaminants in explosives; dewatering impact on protected bog; discharges to Rapemills river may contribute to flooding; discharge of treated effluent to groundwater. Each is examined in terms of the pathway, target risk and mitigation. It is considered that all can be successfully mitigated.
19 222924 An Bord Pleanála Page 38 of 48 Appendix 3
Summary of EIS Note: the hydrology report referred to in EIS is not attached as an appendix to the EIS but submitted as part of the planning application. An EIS has been submitted. Environmental Impact Assessment was required as the quarry has an area in excess of 5 hectares. The EIS deals with issues including:
Policy context Description of the proposed development Human Beings Traffic and Transportation Climate and Air Quality Noise and Vibration Soil and Geology Water Environment Landscape and Visual Impact Cultural Heritage Flora and Fauna Material Assets Interaction of the Foregoing Policy context Policy context includes reference to need at EU and Ireland level; reference to the National Development Plan and the Offaly County Development Plan and in particular investment planned on roads infrastructure and rail infrastructure; the list of consultees; and consideration of alternatives. In relation to the latter the EIS states that the landowner wished to explore different possibilities for his land and investigated potential for a quarry. No alternatives were considered in the preparation of the EIS as the proposed site is the only land under the ownership of the landowner with economical limestone reserves.
Description of the proposed development Lands in applicants ownership – 63ha; site 41.67ha and extraction area 15ha. Lands are bounded to the northeast by the regional road R439, the Banagher to Birr road. A tributary of the River Shannon, the Rapemills River forms the southwestern boundary of the landholding; agricultural lands form the other boundaries. The lands in the area undulating ground which falls gently away south-west from a high point of circa 55m along the public road to low lying lands at c 40m above ordinance datum.
19 222924 An Bord Pleanála Page 39 of 48 The site consists of a large open field with most of its original field boundaries removed. The soil cover is thin (average 1m) with current land use only being suitable for grazing livestock. The area close to the river consists of rough pasture. There are no large trees on site, only small sparse areas of scrub. At present there are two agricultural shed buildings on site.
Garrycastle tower house is 580m to the north and All Saints Bog and Esker 1 km south.
Description of operations: overburden removal estimated to be 244,000 cubic metres over the lifespan of the quarry. Soil berms will be formed along the northern, eastern and southern site boundary to conceal the extraction and processing area from the surrounding landscape. The remaining 80,000 cubic metres of overburden will be stockpiled to the west and east of the extraction area in 3m piles, and will be used in the restoration of the site.
It is proposed to work the quarry down to a floor level of +27mOD in one 20 bench, with an estimated yield of 7.2 million tonnes of rock. Proposed extraction will be in excess of 15 years and involve up to 500,000 tonnes per annum. Equipment and their uses for extracting, crushing, conveying and screening of the rock product are described; together with the other operations on the site. It is proposed to operate the site Monday to Friday 7 am to 7 pm and Saturday 8 am to 4 pm. The site will not operate on Sundays or Bank Holidays.
Restoration, on cessation of extraction, will involve stabilisation of the quarry face and establishing a lake in the extraction area in the middle of the site. The lake will be to watertable level and will be lined with impermeable sediment/soil. A shallow shelving margin will be created. The remainder of the site will be seeded with grass and reinstated to agricultural use. The berms and plantations will be retained. The settlement lagoon will be drained and filled with soil. The boundaries of the quarry will have stock proof fencing and this will be retained and maintained after quarrying operations have ceased. Plant and machinery will be removed from the site. Any on-going requirement for monitoring of surface or groundwater after quarrying operations have ceased will be agreed with Offaly County Council.
Human Beings There are a small number of residences in the area. The closest to the proposed quarry is located beside the south-eastern boundary of the site. There is also one dwelling opposite the existing site entrance. The main impacts on nearby residences will be noise and dust emissions. The proposed berms will increase the acoustic and noise retention capacity of the existing hedgerow.
Impacts on the national economy will be to provide a material required by the construction industry and to provide employment. Impacts on the local economy will be the loss of 41.67ha of agricultural land; mitigation: soil berm and planting, noise and dust mitigation; will ensure that there will be no significant impact on other agricultural land.
19 222924 An Bord Pleanála Page 40 of 48 Impact on potential development land – undulating landscape aids concealment. Employment provision – 16 full time, 10-12 subcontractors and suppliers and a further potential for seasonal and part-time of 12. Under prevention of accidents the EIS refers to Health and Safety codes, the need for suitable protective clothing and equipment, the need for signage etc.
Traffic and Transportation The existing traffic environment is regional road R439 1.8km southeast of Banagher and approximately 7km northeast of Birr; a two lane single carriageway of 6.6m width. I km south of the site the R438 crosses the R 439 to form a crossroad junction called Taylor’s Cross.
Continuous traffic counts were carried out on Thursday 17th and Tuesday 22nd of November 2005. The data was used to calculate the average annual daily traffic, AADT; which is between 2005 and 2669 vehicles; of which 67.5% are cars, 15.1% are lorries, 14.7% are vans, 1.9% are buses and 0.8% are tractors.
Proposed development will incorporate a 3.5m right turning lane for vehicles approaching from Banagher. Sight visibility at the proposed access junction, approximately 130m south of the existing access, will be 160 x 4.5 in both directions. The desirable stopping distance for an 85kph design speed is 160m; predicted traffic which will be generated by the proposed development is 100 inbound 100 outbound Heavy Goods Vehicles trips and 30 car movements during a typical day; HGV’s distributed 30% inbound and outbound north of the access and 70% south. Of the 70% travelling southwards, 25% of traffic will go to Ballinasloe, Ferbane, Athlone and Cloghan via Taylor’s Cross; 25% to Roscrea, Tullamore and Birr via Taylor’s Cross; 30% to Portumna, Loughrea, Borrisokane and Nenagh via Taylor’s Cross; and the 30% which will turn left on exiting the site will travel to Killimor, Loughrea, and Ballinasloe via Banagher. The predicted impact on the adjoining road at opening year and plan year 2017 – the AADT on the R439 would be below the capacity of the road. The traffic at Taylor’s Cross would be increased by 6% and the additional turning movements would be negligible.
A Stage 1 Safety Audit has been carried out, which predicts 20 HGV trips and 12 passenger trips during each peak hour. It is predicted that the additional turning movements generated by the proposed development at Taylor’s Cross would be negligible. The proposed access junction would operate within practical capacity during opening and plan year.
The need for road lighting is not apparent and it may affect user’s perception and could increase risk just beyond lit sections. Need for, standard and extent of lighting is to be reviewed. It would be desirable but not necessary, to provide facilities for pedestrians – green verge.
19 222924 An Bord Pleanála Page 41 of 48 160m junction visibility will be provided by lowering hillcrest. The southbound approach speeds may exceed 80km per hour. Those slowing down, and emerging form the site may be at risk of collision; it recommends signs warning junction ahead.
Climate and Air Quality Existing environment - rainfall, temperature and wind at Birr, Co Offaly, tables 5.1.2 and 5.1.3. Mean wind speed for a 30 year average, from 1960 to 1990, per month varied from 5.8 knots - July to 8.1 knots - February / March.
Potential pollutants – plant exhaust emissions, dust generation, excessive fines; topsoil. Particles that become suspended in air are generally less than 75-100µm. Stripping topsoil and subsoil may introduce fine particles into the air. Particles can be broken by screening, crushing. Dropping from height is likely to increase particle entrainment by physical ejection into the atmosphere and facilitating pick up by wind.
Weather conditions – moisture increases cohesion and there will be less airborne particles. Wind speeds of 3-5 metres per second are required for particles to become windborne (note: this equates to 10800 metres per hour or 5.831 knots (1 nautical mile =1852 metres)).
The existing environment was surveyed commencing on the 14th November 2005, 30 day Bergerhoff method. Current dust deposition at the boundaries of the site are very low: 15.9 – 27.1 mg/m2/day. TA Luft guidelines recommends that deposition should not exceed 230 – 350 mg/m2/day. Potential impacts from: extraction - topsoil, creation of berms, blasting, crushing, loading; processing and screening – deposition into crushers, screening, deposition in stockpiles and movement; rehabilitation areas and stockpile storage – berms and stockpiles, machinery on roads. If proper mitigation measures are in place, deposition levels should not exceed 230 - 350 mg/m2/day.
Measures – wheel wash at site entrance; road from wheel wash to public road to be tarmac; maintenance of on-site road and control of speed; 10mph speed limit; water spray on access road during dry weather; plant will be loaded on quarry floor – crusher, breaker, screening; products will not be dropped from excessive heights; stripping and moving soil to be avoided during periods of dry, windy weather; soils will not be handled when moisture content is high; vulnerable stockpiles will be sprayed during dry, windy weather.
Noise and Vibration Noise recorded 18th January 2006 – at 10.32 noise at the Rapemills River was 35 dB(A), at 9.40 beside the nearest house noise of 42.13 dB(A) was recorded. Blast noise is well below hearing level of human ear and a large proportion is less than 20Hz termed ‘overpressure’ rather than noise.
EPA recommends a maximum 125 dB(A) (lin) max peak. Sources – direct rock displacement, vibrating ground, gas escaping from detonating explosives, gas escaping
19 222924 An Bord Pleanála Page 42 of 48 from blow stemming. Ground vibration lasts less than 2 seconds, magnitude varies according to the weight of explosives and distance; (size of charge, distance), degree of confinement and delay between successive detonations.
From Ground Vibration Ground vibrations from blasting is characterised by impulsive and short duration – less than 2 seconds. Ground vibrations can be experienced along different axes- head to foot, back to chest and side to side. The human body is most sensitive to head to foot.*** The blasting programme will be designed so that the peak particle velocity will not exceed 12mm/s for all frequencies at 8Hz of above 90% of all blasts, and no individual blast will exceed 18mm/s – in line with current EPA standards, (note EPA advises that Ground- borne vibration: Peak particle velocity = 12mm/s, measured in any of the three mutually orthogonal directions at the receiving location (for vibration with a frequency of less than 40 Hz) there is no provision for exceeding this figure). Blasting will be required every 3-6 weeks when the quarry is operational.
Processing From rock breakers, primary and secondary crushers, screening, rock particles falling off the end of the conveyor into stockpiles, mechanical vibration of plant machinery, from mobile vehicles on the quarry floor, from haulage vehicles. Typical noise levels of construction type plant are 72-92 dB(A) LAeq at 10 metres, reducing by 6dB(A) as distance doubles. Mitigation – regular maintenance of machinery and vehicle, assessment of operating methods, operating on the quarry floor, construction of soil berms and planting, operational hours.
Blasting
Will be carried out by drilling and blasting contractors, good blasting directs energy into rock; safe design ensures that rock throws are minimal, dust emissions will be localised and short duration, safety – Quarries (Explosives Regulations), advance notification 24 hours in advance – carried out between 8.00 – 1800 Monday to Friday. Each blast will be monitored at two closest dwellings. Blasting will not give rise to air overpressure values at sensitive locations in excess of 125 dB(Lin) max peak and noise emissions will not exceed 55dB(A) at noise sensitive locations. A noise monitoring program will be initiated if complaints are received. (note EPA advises: Where existing background noise levels are very low, lower noise ELVs (exposure limit values) may be appropriate).
Soil and Geology Land slopes from boundary towards Rapemills River, elevation at road 59m OD, at Rapemills river 34m OD- a drop of 25m over 1290m distance. The lower part was a floodplain. Break in slope occurs at 470m from the river where the ground rises from 38m OD towards the road. Intermittent springs along the line of break draining towards Rapemills River. There are hummocks around the site which suggest bedrock varies locally and form these small features. 15 trial pits were dug. Thin topsoil on the eastern part and peat closer to the Rapemills river, underlain by lacustrine deposits of blue/grey
19 222924 An Bord Pleanála Page 43 of 48 high plasticity silt/clay; subsoil: gravely clay and clayey gravel. Overburden thickness: 0-1m northern and eastern; 1-3m central and southern; 3m+ western. GSI data indicate that overburden varies from 1.5 to 14m depth. West of Rapemills river peat depth was investigated; varying from 1.12m to 2.82, and expected to reach 10m towards the centre of the bog. All Saints Esker just south of the Bog is a fragmented esker deposit of sand and gravel (of limestone).
Solid Geology – includes information from 3 groundwater monitoring wells. The site is underlain by Calp limestone of the Lucan Formation (should be Lorrha formation), rather than Waulsortian Reef as indicated in GSI publication, in which Calp is indicated further south. Results from 6 diamond drill holes is quoted. Overburden of between 1.1 and 2.1m depth. Measurements of 40 to 50m were recorded and show Calp limestone with 100 bedding dips, which would facilitate extraction. Shallow weathering and weathering around the central groundwater spring.
Impacts on soils and geology – localised impact which will be mitigated by restoration. Soil and subsoil will be stored on site, in landscaped screening berms, for subsequent use in restoration. Stripping of overburden will not take place in excessively wet or dry weather.
Water Environment investigations: a walkover, local wells audit and surveying of water levels- boreholes and domestic wells. 3 monitoring wells were drilled; peat augering and piezometer installations; sampling of surface waters and groundwaters; 72 hour pump test and series of tests to establish seasonal variations; and staff gauges on the Rapemills river.
The Rapemills river is a sub-catchment of the R Shannon which floods annually and causes flooding along the Rapemills river; catchment 89.17 km2, area of proposed quarry 0.6%. All the drainage ditches on the western part of the site are man made, some dry during summer. West of the spring land is marginal and poorly drained; former floodplain closer to the river now rarely floods as arterial drainage has been carried out.
Water quality is generally good. Water monitoring station at Rapemills Bridge 5 km upstream – class A, relatively unpolluted.
Surface water discharges – pumped from base of quarry to settlement ponds, which overflow to site ditches and the Rapemills river.
Existing Groundwater –regional groundwater flow is expected to be towards the R Shannon. Drilling data suggests very tight bedrock with very thin fractures and only minor amounts of groundwater through flow. Flow towards the Rapemills river. Given the low permeability of the bedrock and small amount of water pumped, it is thought that the spring is fed by groundwater flow along the surface of the bedrock. The spring may dry up as the water is intercepted by the quarry. The permeability of the calp is estimated at 1.35 x 10-3 m/day.
19 222924 An Bord Pleanála Page 44 of 48 Assessment of Hydrology of All Saints Bog The supply of groundwater to this unique habitat is paramount. The bog is on the other side of a significant hydraulic boundary, in addition the regional groundwater regime is probably heavily influenced by the R Shannon. It is probable that the fragmented esker to the south of the bog plays an important part in the recharge of rainwater to groundwater and subsequent up-welling of this water below the birch trees. The esker forms the central groundwater divide between Little Brosna river to the south and the Rapemills river to the north. Recharge along the eskers will flow in either direction to either river. Owing to the extent of peat deposits and the thickness of lacustrine clay below the bog and adjacent to the Rapemills river it may be possible that this causes groundwater heads below the bog to rise, as discharge to the river via baseflow is slow, owing to the low permeability of the subsoil along the river. This rise in groundwater head causes the resurfacing of deeper groundwater in the area of the birch trees. (note the further information supplied by the applicant, at the request of Offaly County Council, contradicts this theory). Preliminary assessment of the hydrology of the bog was limited by access permission. The proposed quarry is almost 750m from the bog – it is not expected that dewatering will have an impact on groundwater at a distance of 200-300m away from the open quarry. Therefore it is unlikely that the groundwater below All Saints Bog will be affected.
Aquifer Classification and Groundwater Vulnerability Locally important and generally moderately productive aquifer; of extreme vulnerability.
Quarry Dewatering By sump pump, discharges expected to be low. Some will be recycled and the rest discharged to settlement lagoons and the Rapemills river; 300-500m3/day for the full quarry. Quarry is being kept shallow to avoid deeper groundwater plumbing systems that may exist. It is expected that drawdown effects will be less than 0.5m.
Groundwater usage – houses and farms have bored wells and the Banagher public water supply scheme is from source wells northeast of the site. Potential impacts on wells is expected to be negligible.
Groundwater chemistry table 8.3.6.1 shows details of sampling – quality is generally good. A sample from the spring (on site) showed nitrate levels above the EC Drinking Water Guidelines.
Impacts and mitigation- these are detailed in table 8.4.1 and include removal of overburden and increased vulnerability of bedrock aquifer to pollution by oil or chemicals, surface water runoff may contain suspended solids; dewatering effect on groundwater levels; oil tanks; contaminants in explosives; dewatering impact on protected bog; discharges to Rapemills river may contribute to flooding; discharge of treated effluent to groundwater. Each is examined in terms of the pathway, target risk and mitigation. It is considered that all can be successfully mitigated.
19 222924 An Bord Pleanála Page 45 of 48 Landscape and Visual Impact A photographic survey is attached as appendix 3. visual impact of the operation on the landscape. In descending order of sensitivity are: residential occupants, users of recreational open space, road users, and workers in their place of work.
Vehicles on the R 439 will have intermittent views of the site entrance. The topography: land sloping away reduces the impact from the road. Three houses will have a view of the front of the site but none will have a view of the extraction area.
Mitigation measures – site design office to the front, extraction further down the site; soil berm construction; as extraction continues the depth will increase and concealment increase. Soil berms to be 10m wide at bottom 3m at top and 4m high and planted. The berm on the northern boundary will also act as a vegetative screen for dust. Trees will be planted on either side of the access road.
Decommissioning – extracted area will be restored as an amenity lake. Soil berms will be retained.
Cultural Heritage No physical impact on archaeology. Two features noted are probably small barrows and other features – it may be possible that extraction will not take place in their location – eastern end – risk from access and traffic; also two vernacular buildings in ruins.
Visual impact – no visual impact on Garrycastle, (not visible); or Claremount House (protected structure no. 34), because of mature trees.
Mitigation – it is recommended that the four identified features be archaeologically tested; and the two vernacular buildings be recorded as well as a vernacular building in the neighbouring land. Pre-development testing to identify any subsurface features and a mitigation strategy then devised.
Flora and Fauna Existing environment – ecological areas of interest shown in figure 11.2.1. (note the site location is indicated by an X at the roadside boundary).
Designated areas All Saints Bog and Esker SAC – 800m from quarry site (see description of development above – over 1km) River Little Brosna Callows SPA NHA 2.5 km distance Cloghan Demesne Bog & Wood 4.5km Ridge Road Esker SAC 4km Ross and Glenns Esker SAC 5km Dovergrovge Callows SAC 6km Woodville Woods pNHA 6.5km
19 222924 An Bord Pleanála Page 46 of 48 Ecological survey carried out July 2006 Table 11.3.1.1 lists the floral habitats identified as classified by the Heritage Council (2000) – Improved agricultural grassland; dry calcareous and neutral grassland; wet grassland; upland rivers; scrub; hedgerows; drainage ditches. Brown trout was found in the upland rivers habitat.
Fauna – rabbits, hares, pygmy shrew, field mouse, rat, badger, fox and hedgehog.
Potential Impacts – gradual elimination of habitats, temporary in floral diversity, dust may impede plant respiration and may increase suspended solids in Rapemills river and discharge water may contain high levels of fines and contaminants, blasting may decrease mammals activity, potential for new habitats, lowering of water table could damage the flush at the All Saints Bog and Esker or drain the river.
Mitigation Preserve site boundary shrubs /trees; 7 m buffer along these boundaries; tree removal between 1st September and 14th April; minimise impact of lighting on boundary tree lines and meadows; as before mitigate impact of blasting and dust; fence off the drain to south west and floodplain to south west; all planting on berms to be endemic species; maintain water table at level such that it does not impact Rapemills river or All Saints Bog and Esker; BAT to prevent reduction in good status of river; plant hedgerow where none exists.
No particular ecological imperative to prevent the development of the quarry as proposed. (note: Appendix 4 the detailed ecological report notes the presence of Irish Damselfly on the site)
Material Assets Water supply only small amounts of public water will be used. A bored well will supply water to wheel wash and dust suppression systems during dry spells.
Telecommunications - on site – two way radio system and mobile phones.
Foul Sewage Effluent treatment system; percolation area at northern corner of the site will be designed and constructed subject to percolation test results. (Note: toilet facilities at quarry work area not mentioned).
Surface Water runoff – to settlement lagoon prior to discharge. From car park, garage and vehicle maintenance area – via an oil interceptor before discharge to the quarry floor.
Electricity 220v supply.
Waste – collected and disposed of by licensed private waste contractor.
Detailed analysis of road impact of operations earlier in report.
19 222924 An Bord Pleanála Page 47 of 48
Interactions This is shown as a matrix of interacting impacts from the foregoing. Appendices 1 – Noise 2 – Geology 3 – Photographic survey 4 – Archaeology 5 – Ecology (note - the Irish Damselfly (Coenagrion lunulatum) was seen over the river and drainage ditches; note map 1 – site marked by X may give an impression of greater separation distance of the site from All Saints Bog and Esker). Note: Hydrology report referred to in the EIS is not attached as an appendix but submitted as part of the planning application.
19 222924 An Bord Pleanála Page 48 of 48