An Bord Pleanála Inspector’s Report Reference No.: 06S.RL2485 Details of Reference: Whether the filling of 0.8ha area with inert materials and the construction of a forestry road is or is not development or is or is not exempted development. Referred By: Thomas Donohue Other Parties to the Reference: Frank O’Gorman An Taisce Planning Authority: South Dublin County Council Planning Authority Ref: ED07/0027 Location: Cruagh, Rockbrook, Rathfarnham, Dublin 16 – in the townland of Cruagh. Date of Site Inspection: 23 rd April 2008 Inspector: Michael Dillon. 06S.RL2485 An Bord PleanálaPage 1 of 19 1.0 SITE LOCATION AND DESCRIPTION The site, with a stated area of 6.5ha, is located approximately 2.5km due south of the M50 in the townland of Cruagh - in the foothills of the Dublin Mountains. Approximately 0.8ha of the site is stated to have been used for the deposition of spoil (referred to as site A). Access to the site is from the Cruagh Road (R116) which climbs steadily from Ballyboden in the suburbs, towards Cruagh. The road is narrow and twisting and there is a single, unbroken, white line in its centre. The 60kph speed restriction applies in this area. There is no public lighting and there are no public footpaths. The entrance to the site is recessed and has recently been provided with stone- faced wing walls. Sight distance in either direction at the entrance is poor. The site reaches almost as far as a county road to the south (referred to also as the Cruagh Road) – linking Regional roads R115 & R116. The Owendoher River is located to the west of the field in which spoil has been deposited, and to the east of the forestry area (site B). The Owendoher River joins the Dodder River at Rathfarnham. The access avenue is of tarmacadam, and a small bridge over the Owendoher River gives access to a brown-brick bungalow immediately to the west of the area where spoil has been deposited. The site is rural in character – comprising agricultural land and forestry. In addition, there are a considerable number of one-off houses - taking advantage of the fine views to the north down the valley. The site is located between the 230m and 290m contours. The field within which deposition of spoil has taken place is located at the northern end of the site. The most northerly portion of this field has rushes growing over it. The portion adjacent to the road would not appear to have any spoil deposited upon it, and comprises well-drained grassland. The field slopes very steeply down to the Owendoher River. A visual inspection of the surface of the materials deposited, indicates stone, soil and builder’s rubble. Weeds are beginning to colonise the area. Across the bridge leading to the bungalow and forestry area – there is a cleared level area containing piles of stones. The site (site B) slopes uphill to the south. Forestry roads have been constructed of builder’s rubble and stone. There is a small stream which flows from a spring in the southwestern corner of the site, along the east/west new forest road and beneath the main forest road in a culvert, to the Owendoher River. There are attractive mature deciduous trees on either side of the Owendoher River and at the extreme southern end of the site. The remainder of the southern portion of the site is maturing coniferous plantation – stated to comprise mostly Sitka Spruce. The boundaries of the site are not well-defined in relation to site B – the boundaries of site A and the field in which it is located being more conventional hedgerows. A considerable amount of spoil has been deposited just outside the southeastern boundary of site B. This area is not fenced-off from the remainder of the site – and indeed, it is necessary to traverse it in order to pass from one portion of forestry road to another within the site. This area would seem to form part of the one deposition with the adjoining forestry road network. Forestry roads and the area where spoil has been deposited are only visible in intermittent views from surrounding roads, due to the presence of intervening vegetation. 06S.RL2485 An Bord PleanálaPage 2 of 19 2.0 DEVELOPMENT PLAN The relevant document is the South Dublin County Development Plan 2004- 2010. The northern portion of the site is zoned objective ‘B’ – To protect and improve rural amenity and to provide for the development of agriculture . The southern portion of the site is zoned objective ‘H’ – To protect and enhance the outstanding natural character of the Dublin Mountains Area . Views from Cruagh Road, towards the north and towards the south, are identified in Development Plan Maps (5B) as being subject to the objective ‘ To preserve views ’. Section 9.3.2 of the Plan states that it is the policy of the Council to protect views and prospects of special amenity value or special interest. Section 9.4.6 of the Plan affirms the policy of facilitating the development of forestry in areas of the county where it will not have an adverse environmental impact, and where it will not detract… the character of the mountain areas or other high amenity zones. Section 7.19.9 in relation to Unauthorised Waste Disposal states ‘it is the policy of the Council to eliminate all unauthorised waste disposal within the County and to regulate and control the disposal of all builder’s spoil and rubble arising within the County by developing sustainable recycling and waste minimisation services and infrastructure through ongoing co-operation with the construction sector’. 3.0 BACKGROUND TO REFERRAL A Waste Permit (WPR 040) was granted by the Council to Tom Donohue on 26 th January 2004, under the Waste Management Act 1996 and the Waste Management (Permit) Regulations, 1998, for the creation of route/access road through forest lands off the Cruagh Road. The Permit was stated to be valid from 1 st February 2004 to 31 st January 2006 – copy on file. A renewal of this Waste Permit would appear to have been granted by the Council for the period 1st February 2006 to 31 st January 2007. Planning permission ( ref. SD06A/1002 ) was refused for retention of imported materials comprising inert topsoil and building materials on a site of 0.8323ha, on 2 nd July 2007, for three reasons as follows- 1. Imported material might cause pollution of surface water and groundwater, and would, therefore, be prejudicial to public health. 2. Elevation and visibility of site would impact negatively on adjoining Dublin Mountains scenic area and re-contouring of site would contravene zoning provision in relation to agricultural use. 3. Importation of fill might be detrimental to existing mature trees on site which contribute to natural character of the area. This decision was not the subject of an appeal to An Bord Pleanala. This referral arises as a result of an Enforcement Notice issued by South Dublin County Council ( Ref. S4461 ) under section 154 of the Planning & Development Act 2000 – in relation to the deposition of spoil (Area A) and the 06S.RL2485 An Bord PleanálaPage 3 of 19 presence of 3 no. metal containers on site. A separate notification ( Ref. S4741 ) was served on the owner in relation to the forestry area of the site (Area B). The referrer states that he was willing to remove the material stockpiled and spread on the land in question up to the forestry road – ie. on site A. However, he was informed by the Council that this was not acceptable. Proceedings were adjourned on the basis that the referrer made a section 5 reference to the Board. Waste was imported to the site at the rate of 1-2 trucks per day. An estimated 12-18 months is required for completion of reclamation works. Inert waste (soil and stones) was transported to this site by the owner (approximately 900 tonnes). Site levels have been altered by up to 1.6m. 4.0 REFERRAL 4.1 Application to South Dublin County Council On 13 th August 2007, Environmental Efficiency Consultants (Ire) Ltd., agent on behalf of the landowner, Thomas Donohue, sought a declaration of exempted development, from the Council, under section 5 of the Planning and Development Act 2000. The declaration application included the following items- • Site location map with site outlined in red and adjoining lands in the ownership of the referrer outlined in blue. • Site layout plan. It is proposed to complete the forestry road to an overall width of 4m in addition to drainage channels. An additional 1,000 tonnes of inert material is required to complete reclamation. • Elevation drawings. • Undated report on Arboriculture Implications Assessment and Assessment of the Site to Support Agriculture/Forestry – (including a tree and hedgerow survey) – indicating that works on site have not had a negative impact on hedgerows or trees (compaction of soil or toxic contamination from spoil) on site or on surrounding lands. • Report on Roads/Traffic – dated July 2007, indicating that 1-2 truck movements per day would not result in any traffic hazard at the entrance to the site. Sight distance to the right is better than sight distance to the left. Both sight lines could be improved by trimming hedges. Referrer does not own the land to the right of the access – but he does have permission to trim hedges. • Report on Soil Analysis – dated August 2007, indicating that there are no contaminating materials within the material already deposited on site. • Report on Water Analysis – dated August 2007, indicating that there is no impact on the water quality in the Owendoher River.