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Report of Inspector Compulsory REPORT OF INSPECTOR COMPULSORY PURCHASE ORDER NO. 1 OF 2005 & APPLICATION FOR APPROVAL OF PROJECT FOR WHICH AN ENVIRONMENTAL IMPACT STATEMENT HAS BEEN PREPARED CAVAN COUNTY COUNCIL N3 BUTLERS BRIDGE TO BELTURBET ROAD IMPROVEMENT SCHEME. Billy Moore, BE, MSC, MBA Chartered Engineer 2 The Elms John’s Hill Waterford 6th. December 2005 CONTENTS 1.0 INTRODUCTION 1.1 CONTEXT 1.2 PUBLIC NOTICE EIS 1.3 PUBLIC NOTICE CPO 2.0 DESCRIPTION OF PROPOSED DEVELOPMENT 3.0 OBJECTIONS AND SUBMISSIONS 3.1 OBJECTIONS AND SUBMISSIONS IN RELATIION TO THE CPO 3.2 OBJECTIONS AND SUBMISSIONS IN RELATIION TO THE EIS 4.0 ORAL HEARING 5.0 ASSESSMENT OF THE KEY ISSUES 5.1 INTRODUCTION 5.2 NEED FOR PROJECT 5.3 SUITABILITY OF PROPOSED PROJECT 5.4 PLANNING ISSUES 5.5 ENVIRONMENTAL IMPACT STATEMENT 5.6 KEY IMPACTS OF PROPOSED SCHEME 5.7 STATURORY PROCESS ISSUES 6.0 SUMMARY OF CONCLUSIONS 7.0 RECOMMENDATIONS ON COMPULSORY PURCHASE ORDER 8.0 RECOMMENDATIONS ON APPROVAL OF SCHEME IN RESPECT OF WHICH AN ENVIRONMENTAL IMPACT STATEMENT WAS PREPARED APPENDIX A: LIST OF DOCUMENTS SUBMITTED AT ORAL HEARING APPENDIX B: PHOTOGRAPHS 2 INTRODUCTION 1.1. CONTEXT This report relates to an application by Cavan County Council for confirmation of Compulsory Purchase Order (CPO) Number 1 of 2005 and for approval of the road project, the N3 Butlers Bridge to Belturbet Road Improvement Scheme, in respect of which for which an Environmental Impact Statement (EIS) has been prepared. Objections were received to the CPO and observations were received in relation to the EIS and an Oral Hearing was held from 20th September to 22nd September 2005 under Section 218 of the Planning & Development Act, 2000 and under Section 50 of the Roads Act, 1993. 1.2. PUBLIC NOTICE – EIS. The EIS was submitted to the Board as was date stamped 23rd June 2005. A copy of the EIS was made available for public inspection, from Thursday 2nd June to Wednesday 6th July 2005, in the Road Design Office of Cavan County Council, Farnham Street, Cavan. Copies of the EIS and the Non-Tribunal Summary were available for purchase for a fee of €100, and €5 respectively. A public notice was placed in the Anglo-Celt, dated 2nd June 2005. The published notice indicated that written submissions may be made to An Bord Pleanala so as to reach the Board not later than 5.30pm on Friday 22nd July, 2005. A copy of the EIS was submitted to the following prescribed bodies: - Office of Public Works, Dublin - Bord Failte Eireann, Dublin - An Taisce, National Trust for Ireland, Dublin - An Comhairle Ealaoin, Dublin - The National Monuments Advisory Council, Department of the Environment, Heritage and Local Government - Belturbet Town Council, Belturbet, Co Cavan - Natural Heritage, Environment & Heritage Service, N. I., Belfast. In addition, copies of the notice and EIS were forwarded to the following for their information. - Minister for Arts, Heritage, Gaeltacht and the Islands, Dublin - Northern Regional Fisheries Board, Ballyshannon, Co Donegal - National Roads Authority, Dublin - Waterways Ireland, Enniskillen, Co Fermanagh - Heritage Council, Kilkenny. 3 1.3. PUBLIC NOTICE – CPO The Compulsory Purchase Order (CPO) was made by Managers Order No 05/73R, dated Monday 30th May 2005. A Form of Notice of the CPO was sent to the owners, lessees and occupiers affected by prepaid registered post on Monday 30th July 2005. A copy of the Non-Technical Summary of the EIS was included for information. The Form of Notice stated that any objections to the order or extinguishment of public rights of way must state in writing the grounds of objection and be sent addressed to An Bord Pleanala so as to reach the Board no later than 5.30pm on Wednesday 13th July 2005. A public notice was placed in the Anglo-Celt, dated 2nd June 2005. A copy of the order and the map referred to in it was made available for inspection at the Road Design Office, Cavan County Council, Farnham Street, Cavan. 4 2.0 DESCRIPTION OF PROPOSED DEVELOPMENT The proposed N3 Butlers Bridge to Belturbet Road Improvement Scheme involves the construction of approximately 6.7 km of single carriageway road, including a by-pass of Belturbet Town. The existing N3 from Butlers Bridge to Belturbet is narrow and the horizontal alignment is poor with several dangerous bends. The existing N3 will be reclassified as a regional or local road and will remain in place to serve local traffic once the proposed road scheme has been opened. The proposed scheme passes through the townlands of Kilnaleck, Annagh, Aghnaguig, Cormacmullan, Drumalure Beg, Crahard, Bessbrook, Kilduff, Bun, Putiaghan Upper, Putiaghan Lower, Drumavaddy, Sraheglin and Kilconny. The general topography along the proposed route is characterised by drumlins and lakes. The proposed scheme includes: - Five at–grade junctions with existing roads - A bridge crossing at Aghnaguig Beg - A bridge crossing of the River Erne. The proposed N3 road improvement scheme is designed as a standard rural single carriageway road with a design speed of 100kph, comprising 2 number 3.65m carriageways, 2 number 2.5m wide hard shoulders and 2 number 3.0m wide verges. The proposed route passes through the lowland drumlin belt of County Cavan characterised by a network of low hills used for pasture and hollows with a range of wetland types including lakes, bogs, fen and wet woodland. The southern end of the proposed scheme, which is shown in Figure Number C3157, and Figure 1.1 of Volume 1 of the EIS, dated May 2005, commences on the existing N3, approximately 1.8 km north of the village of Butlers Bridge, at the end of the completed Cavan By-pass Scheme. The proposed route then progresses northwards and deviates from the existing N3 for its entire length. The northern end of the scheme ends at the Staghall Roundabout, west of Belturbet Town, where it re-joins the N3. Minor modifications to the existing Staghall roundabout will be required to facilitate the tie-in of the proposed scheme with the existing N3. Two major bridge structures are proposed. The River Erne crossing will be in the order of 133m in length. The bridge at Aghnaguig Bog will be a minimum of 109m in length. A number of farm underpasses will be incorporated where farm holdings are severed. 5 3.0 OBJECTIONS & SUBMISSIONS. 3.1. OBJECTIONS AND SUBMISSIONS IN RELATION TO THE CPO. A total of 24 objections to the CPO were received by An Bord Pleanala, and these are listed below. During the course of the Oral Hearing a number of objections to the CPO were withdrawn and the main points of the objection from the remaining 3 objectors are summarised. 3.1.1. Agnes & Dennis Mc Caffrey (Plot No 117) - withdrawn. 3.1.2. Bernadette Ceelan & Others. This letter on behalf of the residents and frequent users of local roads L5527 and L5529 (i.e. Belturbet Lane, Stragheghin Lane, Putiaghan Lane and Bun Lane) objected to the extinguishment of rights-of-way. The letter of objection, with 150 signatures on an attached petition, was received by An Bord Pleanala on 12th July 2005. 3.1.3. Harold Clarke (Plot No 107) - withdrawn. 3.1.4. Ralph Dunne (Plot No 110) - withdrawn. 3.1.5. Robert Stronge (Plot No 109) - withdrawn. 3.1.6. Eugene & Eileen McCaffrey (Plot No 120) - withdrawn. 3.1.7. Kieran & Patricia McCaffrey (Plot No 118) - withdrawn. 3.1.8. James Fitzpatrick (Plot No 122) - withdrawn. 3.1.9. William Heaslip (Plot No 146) - withdrawn. 3.1.10. Celine & Melvyn Clarke (Plot No 108) - withdrawn. 3.1.11. Ian Dunne (Plot No 116) - withdrawn. 3.1.12. Kieran McGovern (Plot No 121) - withdrawn. 3.1.13. Janet Moore (Plot No 127) - withdrawn. 3.1.14. Lionel & Linda Johnston (Plot No 145) - withdrawn. 3.1.15. John & Gretti O’Hare (Plot No 115) - withdrawn. 3.1.16. Frank McCaffrey (Plot No 119) - withdrawn. 6 3.1.17. Patrick & Nuala O’Gorman (Plot No 126) - withdrawn. 3.1.18. Philip Fitzpatrick (Plot No 125) - withdrawn. 3.1.19. Damien McConnell (Plot No 123) - withdrawn. 3.1.20. Vincent Bartley (Plot No 104) - withdrawn. 3.1.21. Martin Donoghue (Plot No 138) - withdrawn. 3.1.22. Eugene Donoghue (Plot No 137) - withdrawn. 3.1.23. Sean Fitzpatrick. This letter, dated 12/7/05 and date stamped 13/7/05 objects to the closure of road L5527 and to the extinguishment of his right-of-way. He has been in the tourist business for the past 30 years and needs direct access to Putiaghan Lane by car and by foot and to bring boats to and from the lake. 3.1.24. Mr Denis Storey (Plot No 134). The letter of objection by Ned Nagle, on behalf of Mr Storey is dated 12/7/05 and is date stamped 12/7/05. The main grounds of objection are: - Inadequate schedule of accommodation works - Effect of road drainage design on lands - Access to retained lands and to served lands - Impact on farming system - Impact on dwelling house and farm buildings. Given the objections in relation to the confirmation of the CPO, it was required to hold an Oral Hearing into the objections. 3.2. OBJECTIONS AND SUBMISSIONS IN RELATION TO THE EIS. A total of 24 submissions were received by An Bord Pleanala in relation to the EIS, and these are listed below. The observations submitted to the Board in relation to the EIS were, in many cases, identical to the objections submitted in relation to the CPO. During the course of the Oral Hearing many of the objections to the CPO were withdrawn.
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