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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.
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