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An Bord Pleanála Inspector's Report An Bord Pleanála Inspector’s Report PL01.244762 DEVELOPMENT:- Construction of an off-line motorway services area with all associated site works at Rathcrogue, Wexford Road, Co. Carlow. PLANNING APPLICATION Planning Authority: Carlow County Council Planning Authority Reg. No: 14/342 Applicant: Topaz Energy Ltd Application Type: Permission Planning Authority Decision: Grant APPEAL Appellant: (1) Peter Thomson (2) National Roads Authority (3) Eugene Kealy (4) Applegreen Service Areas Ltd Observers: Karl Broderick Type of Appeal: 3rd-v-Grant DATE OF SITE INSPECTION: 01st July 2015 Inspector: Colin McBride __________________________________________________________________________________________ PL01.244762 An Bord Pleanála Page 1 of 21 1. SITE DESCRIPTION 1.1 The appeal site, which has a stated area of 3.03 hectares, is located in townland of Rathcrogue to the south of Carlow Town. The site is located 1km to the east of the settlement of Tinryland and approximately 4km to the south of Carlow town. The site is located on the northern side of the M9 motorway at the junction of the N80 and M9 (junction 5). The appeal site consists of a vacant piece of land (was formerly used as a construction compound for the M9) adjacent the interchange as well as part of the curtilage of a dwelling (Rathcrogue House) to the north east of the site. The site currently has an access from the N80 at the western corner of the site and an access from an existing laneway off the roundabout that also serves the existing dwelling to the north east and agricultural lands along the northern side of the motorway. Boundaries of the site consist of a post and rail fencing along the N80 (south west), and existing hedgerow along the south eastern and north western boundaries. Adjoining lands to the north and east are in agricultural use. 2. PROPOSED DEVELOPMENT 2.1 Permission is sought for the construction of an off-line motorway services comprising of an amenity building (retail area and foodcourt), an ESB substation, a forecourt area, 132 no. car parking spaces, 14 no. HCV parking spaces, 4 no. coach parking spaces, 5 no. motorbike parking spaces and 6 no. bicycle stands. The development also consists of the modification of the existing roadways to create a new vehicular access; corporate signage throughout the site; drainage works including attenuation and all associated boundary treatments, landscaping, infrastructural and site development works. 3. LOCAL AND EXTERNAL AUTHORITY REPORTS 3.1 a) SEE (19/12/14): No objection. b) HSE (23/12/14): No objection subject to conditions. c) National Roads Authority (02/11/14): Concerns raised regarding the proximity of proposal to the M9 and location at the junction of the M9 and N80 and the impact of the proposal on the carrying capacity, efficiency and safety of the national road network. d) National Roads Authority (19/12/14): The proposal is at variance with official policy in relation to the control of frontage development on/affecting national routes as outlined in the Spatial Planning and National Roads __________________________________________________________________________________________ PL01.244762 An Bord Pleanála Page 2 of 21 Guidelines for Planning Authorities and would adversely impact upon the operation and safety of national road network. e) Roads (no date): The proposal is located in accordance with NRA Service Area Policy and the proposal does not create a traffic hazard. The proposal was considered satisfactory apart from the alignment of proposed right turn to Rathcrogue House. f) Irish Water (08/01/15): No objection. g) Inland Fisheries Ireland (13/01/15): A tributary of the River Barrow borders the site with it noted that the Barrow River is a candidate SAC. The proposal has the potential to impact on water quality through discharge of suspended solids, chemicals/hydrocarbons. h) Environment (12/01/15): Grant of permission recommended subject to conditions. i) Planning Report (26/01/15): Further information required including a review of the alignment of the right turn to Rathcrogue House and proposal to address concerns regarding potential ‘swipe collisions’ and submission of a report to address the potential impact of noise and lighting from development on property in the vicinity. j) Roads (11/03/15): It is noted that the amended proposal submitted regarding access to Rathcrogue House deal with concerns raised and that the proposal is satisfactory in regards to all roads issues. k) National Roads Authority (19/03/15): The NRA’s position remains the same as in their submission on the 19/12/15. l) Environment (23/03/15): Details of noise impacts were considered satisfactory with a grant of permission recommended subject to conditions. 4. DECISION OF THE PLANNING AUTHORITY 4.1 Permission granted subject to 27 conditions. Of note are the following conditions… Condition no. 1: Retail space shall contain convenience shop not more than 100sqm. Condition no. 9: Noise limits on construction and operation. Condition no. 14: Details of public lighting scheme to be submitted and agreed in writing. Condition no. 23: No blocking of rights of way which may existing through the site. 5. PLANNING HISTORY 5.1 No planning history on site. __________________________________________________________________________________________ PL01.244762 An Bord Pleanála Page 3 of 21 5.2 PL01.244827: Appeal in relation to construction of an off-line motorway service area with all ancillary site development and associated site works adjacent junction 6 of the M9 motorway. This proposal was withdrawn prior to decision. 5.3 PL10.243782: Permission granted for development of a 24 hour opening motorway service area with associated works, new access from M9 Link Road. This development was granted adjacent junction 7 of the M9 motorway. 6. PLANNING POLICY 6.1 The relevant plan is the Carlow County Development Plan 2009-2015. The site is zoned as ‘Carlow Logistics Park’ with it noted that vehicle parking, garage, filling station, vehicle washing, recreation area and restaurant uses are ‘permitted in principle’ within this zoning. 6.2 Section 6.3.8: Petrol Filling Stations, a limit of 100sqm for retail areas applies. 6.3 Chapter 6: National Road Network: The National road network through the county caters for the efficient and safe movement of long distance traffic through the country. The network also provides strategic links for the towns within the county and within the South- East region. To maintain their primary function in an era of rapid growth in car ownership it may be necessary to restrict access and junctions to the network. • Safeguard the capacity of the National Road network within the county by the restriction of access points to the network. 7. GROUNDS OF APPEAL 7.1 A third party appeal has been lodged by Peter Thomson, 4 Priory Grove, Kells, Co. Kilkenny. The grounds of appeal are as follows... • The proposal fails to have regard to the other proposals and permission granted for similar development at other junctions off the M9 and if implemented would result in a proliferation of motorway services contrary NRA policy. • The proposal is not at a preferred junction as identified in the NRA Service Area Policy and is only 32km from the Kilcullen online motorway services. • The proposal is at variance with NRA policy in terms of the control of frontage along National Routes in that it entails a new entrance from the N80. __________________________________________________________________________________________ PL01.244762 An Bord Pleanála Page 4 of 21 • The development in question should be plan led (development plan). It is noted that proposal is based on an objective of the Draft County development plan and such should not be a material consideration. • The proposal is contrary regional Planning guidelines which require compliance with NRA policy. 7.2 A third party appeal has been lodged by the National Roads Authority. The grounds of appeal are as follows… • The proposal is contrary the National Spatial Strategy and Regional Planning guidelines. • The proposal is contrary development plan policy regarding direct access to national routes where the maximum speed limit applies. • The NRA Service Area Policy identifies locations in need of service areas. It identifies the need for a Type 1 Service Area on the M9 between J6 and J8 with it noted that permission has been granted for one at junction 6 (ref no. 14/353 and current appeal ref no. PL01/244827). • The proposal has the potential to endanger public safety by reason of traffic hazard as a result of traffic movements generated and impact upon the carrying capacity and efficiency of the existing junction and national road network. 7.3 A third party appeal has been lodged by Liam McGree & Associates Limited on behalf of Eugene Kealy, Kellymount, Paulstown, Co. Kilkenny. • The proposal is outside of any designated settlement under planning policy and is an inappropriate form of development to the detriment of existing settlements in the area. • It is considered that the proposal is at variance with official policy in relation to control of frontage development in relation to national routes. The increased traffic generated would adversely impact the operation and safety of the national road network. • The proposal is at variance with national policy on the location of both on-line and off-line motorway service areas set down under the NRA Service Area Policy as junction 5 is not identified as a location such development is required. The proposal would result in
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