Report to An Bord Pleanala

On

An Application by the for Confirmation of a Compulsory Purchase Order and Approval to the EIS for the M9 Service Area Scheme 2008

Jim Hearn Inspector Authorised by An Bord Pleanala

May 2009

(ii) The chronological sequence and the order in which the evidence was given at the oral hearing is given in the transcript.For clarity in reading the sequence is changed where deemed necessary in this report. Table of Contents Section 1 Preliminaries Section 2 Withdrawal of Objections Section 3 Brief`s of Evidence by NRA Witnesses Section 4 Questioning of Witnesses by Objectors Section 5 Submissions on Behalf of Objectors Section 6 Questioning of Objectors by NRA Section 7 NRA Response to Questions Raised at Oral Hearing Section 8 Summary by Objectors Section 9 Summary by NRA Section 10 Assessment and Recommendation of the Inspector Section 1 Preliminaries Par.No. Contents Page No. 1.1 Date and Time of Oral Hearing 5

1.2 Venue 5

1.3 Purpose of Scheme 5

1.4 Length of Scheme and Area of Lands to be Acquired 5

1.5 Statutory Requirements 5 1.6 Objections Received by An Bord Pleanala 5

1.7 Opening of the Oral Hearing 5

1.8 Appearances for NRA 6

1.9 Appearances for Objectors 7

Section 2 Withdrawal of Objections 2.1 Mr..D.McGuinness SC 7 2.2 Mr.N.Nangle,Nagle Agricultural Consultants 8

Section 3 Briefs of Evidence by NRA Witnesses 3.1 Opening Statement by Mr.D.McGuinness 8

3.2.1 Evidence of Mr.Pat Maher - NRA Policy 9

3.2.2 Response to Written Objections to An Bord Pleanala,Pat Maher 20

3.3.1 Evidence of Ms.Cliona Ryan - Planning &Socio-economic Aspects 28

3.3.2 Response to Written Objections to An Bord Pleanala,Cliona Ryan 37 3.4.1 Evidence of Mr.E.Crawford - Site Selection & Scheme Details 43

3.4.2 Response to Written Objections to An Bord Pleanala,Ernie Crawford 52

3.5.1 Evidence of James Montgomery - Architecture - Design & Layout 76

3.6.1 Evidence of Mr.F.Ryan - Surface Water Details 77 3.7.1 Evidence of Mr.Richard Kent,Halcrow Barry -Foul Drainage 79 3.7.2 Evidence of Mr.John McGowan,Kildare Co.Co. - Foul Drainage 82 3.8.1 Evidence of Mr.Michael Kenny,Senior Planner,Kildare Co.Co. 84 3.9.1 Evidence of Mr.Kieran O`Dwyer - Soils,Geology&Hydrogeology 93 3.9.13.9.1

3.9.1 3.10.1 Evidence of Mr.Peter Heffernan - Safety &Environment 96 3.11.1 Evidence of Mr.Martin Deegan - Traffic 99 3.11.2 Response to Written Objections to An Bord Pleanala,Martin 104 Deegan 3.12.1 Evidence of Mr.John Bligh Agricultural Properties 108 3.13.1 Evidence of Ms.Jane Harmon Noise&Vibration 110 3.13.2 Response to Written Objections to An Bord Pleanala,Jane 116 Harmon 3.14.1 Evidence of Dr.Eoin Collins - Air Quality 117 3.15.1 Evidence of Ms.Janet Slattery - Ecology 120 3.16.1 Evidence of Ms.Lisa Courtney, Archaeological, Architectural & 123 Cultural Heritage 3.16.2 Response to Written Objections to An Bord Pleanala,Lisa 126 Courtney 3.17.1 Evidence of Mr.Thomas Burns - Landscaping 127 3.17.2 Response to Written Objections to An Bord Pleanala,Thomas 130 Burns Section 4 Questioning of LA/NRA Witnesses by the Objectors 4.1.1 Pat Maher,NRA by Liam McGree 56 4.1.2 Do. by Cllr.Mark Dalton 61 4.1.3 Do. by Brian Harte 63 4.1.4 Do. by Seamus O`Reilly 64 4.1.5 Do. by Colin O`Carroll 67 4.1.6 Do by Marcella O`Reilly 68 4.1.7 Do. by J.O`Reilly 68 4.2.1 Cliona Ryan,Declan Brassil &Co. by Damien Hughes 66 4.2.2 Do. by Liam McGree 68 4.2.3 Do by Cllr.Dalton 72 4.2.4 Do. by D.Hughes 73 4.3.1 Ernie Crawford,Halcrow Barry by Liam McGree 74 4.4.1 James Mont gommery,Niall Montgomery & Ptnrs. by D.Hughes 76 4.5.1 R.Kent,Halcrow Barry & J.McGowan,Kildare Co.Co. 87 by D.Hughes 4.5.2 Do. by The Inspector 89 4.6.1 M.Kenny,Senior Planner,Kildare Co.Co. by Liam McGree 89 4.6.2 Do. by D. Hughes 92 4.7.1 Mr.Deegan by Mr.Mcgree 107

4.7.1A Mr.Deegan by Mr.Hughes 108 4.8.1 Ms.J.Harmon,AWN Consulting by Damien Hughes 116 4.9.1 T.Burns,Brady Shipman Martin by Ramien Hughes 134

Section 5 Evidence on behalf of the Objectors

5.1 M.Hayden for Usk & area Residents 137 5.2 Cllr.M.Dalton(per S.O`Fearghail) 137

5.3 Tom Wall for The Priory at Walls of Kilgowan 140 5.4 Seamus O`Reilly,Crookstown Service Station 141 5.5 Bill Forristal for The Priory & Crookstown Service Station 146 5.6 Liam McGree do. 152 5.7 Further submissions from Witnesses Introduced by Liam McGree 166 5.8 John O`Reilly Crookstown Business Park 168 5.9 Marcella O`Reilly 168 5.10 Antoinette Coughlan 169 5.11 Damien Hughes for Antoinette Coughlan 169 Section 6 Questioning of Objectors on behalf of NRA 6.1 Mr.Forristal by Mr.McGuinness 150 6.2 Mr.McGree do. 160

6.3 Mr.Hughes do. 172 Section 7 Response by NRA to Queries Raised at Oral Hearing 7.1 Pat Maher to Seamus O`Reilly/Tom Wall 174 7.2 Pat Maher to Inspector 177 7.3 Ernie Crawford to Inspector 187 Section 8 Summary by the Objectors 8.1. Liam McGree 191 Section 9 Summary on behalf of NRA 9.1 Mr.D.McGuinness 194 Section 10 Assessment and Recommendation of the Inspector 10.1 Need for the Scheme 201

10.2 Compliance with the Development Plan & Proper Planning and 202 Sustainable Development of the Area PSustainableSustainable Site Selection 10.3 Site Selection &Land Acquisition 202 10.4 Extinguishment of ROW`s 203

10.5 Responses to the Objectors 203

10.6 Summary and Recommendation 208

5

M 9 KILCULLEN SERVICE AREA SCHEME,2008

1.0 Preliminaries 1.1 Date and Time of the Oral Hearing. The oral hearing commenced on Tuesday 10 th March at 11.00 am,continued on Wedensday 11 th and concluded at 4.40pm on Thursday 12 th March 2009. 1.2 Venue The Kilashee House Hotel,,Co.Kildare

1.3 Purpose of the Oral Hearing The NRA has outlined a policy for the provision of on-line service areas on major inter-urban routes,in order to cater for motorists on these longer,more isolated stretches of uninterrupted dual-carriageway and mototway.A network of service areas being proposed throughout the network was shown on the map of on display at the oral hearing, including the one,the subject of the current hearing,located just south of Kilcullen.The purpose of this oral hearing was to consider the proposals of the NRA for this and the objections/submissions received to it. 1.4 The Area of Land Required. The area of land required is 13.3 hectares 1.5 Statutory Requirements All the statutory requirements appear to have been complied w ith. 1.6 Written Objections/Submissions to An Bord Pleanala There were seven written submissions/objections in relation to the EIS and three objections to the CPO submitted to An Bord Pleanala by and on behalf of interested parties within the statutory period. 1.7 Opening of the Oral Hearing The Inspector opened the oral hearing by reading his letter of appointment into the record.He then outlined the purpose of the oral hearing.He pointed out that the hearing would be informal and that it was not proposed to give evidence of statutory procedures,but that if any of the objectors had questions in relation to these,the NRA. would deal with them.He asked that each witness identify himself and the plot/area of concern to which he was referring.He said that the proceedings would be recorded by a stenographer appointed by An Bord Pleanala.

6.

The Inspector said the order of business would be - - The NRA would detail the scheme and give it`s evidence - The Objectors or their representatives could then question the NRA/L.A witnesses. - The objectors or their representatives could then put their case - It would be open to the NRA to put questions to these witnesses - Objectors would summarise their case - NRA would summarise its case - Close of the oral hearing by the Inspector. He confirmed that he had inspected the site,the subject of the oral hearing, on the 23 rd of February 2009. He then asked for appearances both from the NRA/L.A. and the objectors. 1.8 Appearances for NRA. Mr.Dermot McGuinness SC ( instructed by Mr. Cormac McDermot, of McCann Fitzgeralds, solicitors) said he would be appearing behalf of the National Roads Authority.He detailed his witnesses as - Mr. Pat Maher of the NRA,giving evidence on NRA policy and like matters. Ms. Cliona Ryan , giving evidence in relation to planning and the socio- economic impact of the proposal. Mr. Ernie Crawford , an overview of the site selection process and the design of the scheme,and detailed information in relation to that. Mr. James Montgomery , dealing with the architecture of the building concerned. Mr. Richard Kent , dealing with the foul drainage design. Mr. Fran Ryan, dealing with the surface water drainage. Mr. Kieran O'Dwyer , dealing with soils, geology and hydrogeology of the site. Mr. Peter Heffernan , dealing with the fuel facilities and the safe design of them. Mr. Martin Deegan ,dealing with traffic issues. Ms. Jennifer Harmon , dealing with noise assessment and vibration. Mr. Eoin Collins, deaingl with air quality issues. Ms. Janet Slattery , dealing with the ecological issues. Mr. John Bligh , dealing with the agricultural assessment. Ms. Lisa Courtney, dealing with archaeology and cultural heritage.

7 Mr. Thomas Burns ,dealing with landscape and visual impact issues. In response to the Inspector he said Mr.Kenny ,Senior Planner,and Mr.Mcgowan ,Senior Engineer San.Services Kildare Co.Co. would be available to give evidence. 1.9 Appearances for the Objectors Ned Nagle said he represented William Cole.(map ref 102) Tom Wall, said he represented the Priory Restaurant Sean O`Fearghail, TD said he was a public representative Brian Harte, said he was from the Irish Petrol Retailers Association. Colin Carroll, solicitor. said he was instructed on behalf of Ms. Antoinette Coughlan.( map ref. 103a.400)He said that Damien Hughes, from Damien Hughes and Associates, would be making a submission on behalf of Antoinette Coughlan. John O'Reilly said he represented the Crookstown Business Park and thirteen businesses currently in that Business Park. Seamus O'Reilly said he was from the Crookstown Service Station . Liam McGree said he was a Planning Consultant with Liam McGree and Associates. He would be making presentations on behalf of Seamus O'Reilly and Tom Wall (listed above) He would also be calling a consulting engineer, Bill Forristal, to make a presentation on their behalf in relation to engineering matters. He also had a list of other parties who would like to make submissions at the oral hearing.He pointed out that these had not previously made submissions.He undertook to present a list of these to the Inspector. The Inspector said he would allow these submissions at the appropriate time. Ms.Marcella O'Reilly said she was a business owner on the M9 and also wished to make a submission 2.0 Withdrawal of Objections 2.1 Mr. McGuiness said there were two persons who had made objections and they had now recieved letters indicating that those objections were being withdrawn. The first one related to Mr. J.J. O'Neill.(plot 101). An objection was made by Mr. Rory Lavell of Jordans. The letter, of the previous day`s date, confirmed that Mr. O'Neill has instructed him to withdraw the objection to the scheme. The second letter, again from Mr. Lavell of Jordans, acting on behalf of Mr David Snell (occupier plot101), who is one of the objectors, by letterof the same date, confirmed that Mr. Snell had instructed him to withdraw the objection to the scheme.These

8 letters were entered into the record of the oral hearing 2.2 Mr .Nagle said that on the basis of the letter from the NRA dated 10 th March 2009,copy of which was placed on the record of the oral hearing he was withdrawing the objection of William Cole (plot102) 3.0 Briefs of Evidence - NRA 3.1 Mr.Dermot McGuinness SC in his opening statement said that the M9 Kilcullen service area proposed by the National Roads Authority is the subject matter of this oral hearing. The National Roads Authority has, in accordance with the Roads Act 1993 as amended, proposed a service area to be located on the M9 to Road. The proposed location is some 4.5km south of Kilcullen, in the townland of Kilgowan/Halverstown. The service area is located on the western side of the M9, with access for southbound road users coming off the eastern, that is the southbound side of the M9, via a slip road and proceeding via an overbridge to the service area. Detailed evidence would be given in relation to the operation of the service area.In terms of the land acquisition, the land acquisition proposed for the service area is approximately 13.3hectares; 10.8 on the western side and 2.5 on the eastern side. The scheme proposed by the NRA seeks to acquire in total eight plots of land in the ownership of two people in the occupation of a third person and is currently agricultural land in the main. Eleven other plots in the ownership of four other owners are affected, in the sense of having direct access from their lands to the service area prohibited. As the scheme is proposed for the benefit of motorway users,the only access for such users southbound or northbound will be from the proposed M9 itself, which is currently under construction. After construction, the only other access to the service area will be via a local road,the L6091, and such access is only intended to be used by emergency services or by employees who may be travelling to work via that local road.In the scheme being proposed, no houses, habitable orotherwise, are being acquired, nor are any other buildings or structures included in the proposed acquisition. No public or private rightsof way are being affected or being or extinguished.There are no relevant planning permissions related to any of the land included in the scheme which would be affected, modified or revoked. He pointed out that An Bord Pleanala have received a number of submissions and the purpose of the oral hearing is to inquire into those and into the environmental impacts which have been predicted and reported upon in the EIS. He said the witnesses to be called by him would make their written

9 briefs available to those present and they would also distribute a written response from these experts to the objections received,prior to this being given in evidence at the oral hearing The Inspector suggested that as the first three witnesses were dealing with NRA policy (Mr. Pat Maher),planning and socio-economic effects of the scheme,(Cliona Ryan) and general design information on the scheme (Ernie Crawford ) that those three witnesses should be allowed to give their evidence in full and following this the objectors would be allowed to put their questions to each of the witnesses. 3.2.1 Pat Maher NRA Mr. Maher. said he was Head of Network Operations in the National Roads Authority. He was responsible for overseeing the development and delivery of the Authority's Service Area programme through the planning process. He pointed out that the National Roads Authority's proposal for a service area at Kilcullen on the M9 has been brought forward against the backdrop of the major programme of national road improvements being implemented by the Authority in accordance with policy set out by Government in the National Development Plans 2000-2006 and 2007-2013, as well as Transport 21. Key objectives of this policy include:- - the improvement of the level of service provided on national roads through the removal of traffic bottlenecks and capacity deficiencies, thereby reducing journey times and enhancing the predictability of journey duration; - the provision of better access to the regions and to ports and airports; - contributing to the competitiveness of the economy by improving the efficiency of national roads and reducing transport costs; and - assisting with the delivery of official policies aimed at promoting road safety and reducing road accident fatalities. National road programme priorities focus, in particular, on the completion of five major inter-urban routes linking Dublin and other cities to motorway/ high-quality dual carriageway standards by the end of 2010. The Authority, working in co-operation with local authorities, is on track to meet this deadline.

10 The Need for Service Areas The travelling experience of road users is being tansformed as a consequence of the scale of the present national roads programme. It is now possible to travel on uninterrupted dual carriageway or motorway standard road fom the Northern Ireland border to south of Kilcullen the overall distance from the border to Kilcullen is approximately 180km. Long stretches of such high standard road are to be found at present on other routes also, including the M6 Dublin to Athlone, and significant sections of the M7/M6 Dublin- road.Travel on various combinations of these routes is now possible via the around Dublin, offering the prospect of continuous travel on motorways and dual carriageways over extensive distances. Significant changes to the national road network will occur as road projects currently in construction are completed. Traffic on these new roads is no longer obliged to pass through towns and villages, many of which experienced serious traffic congestion when the urban areas concerned were directly on the national road network. These locations did, however, offer opportunities for road users to break their journeys and to avail of a range of services, including food and fuel outlets and toilet facilities. These facilities are no longer readily accessible from the new motorway standard roads. The situation on the M9 Dublin to Waterford road will illustrate this reality. The motorway will bypass all existing urban centres and other locations where facilities are currently available to the motorist. As a consequence, the facilities and services previously on offer to road users will only be accessible by diverting off the motorway and driving some distance to the nearest services. Development of NRA Service Area Policy The need for service areas has been apparent for some time given the nature and scale of the national roads programme initially announced in the National Development Plan, 2000-2006, and the level of the Government's funding commitment to the programme over the intervening years. It had been anticipated that the private sector would respond promptly to this situation and the business opportunities on offer in catering for road users. The Authority monitored the situation for some time in the expectation that suitable service area proposals would be brought forward by private interests, possibly for locations at or close to interchanges on the new dual carriageways and motorways. Such locations were thought likely to prove more economically attractive as a single facility could cater for traffic on both carriageways.

11 In July 2005, the Authority's Chief Executive informed the Oireachtas Joint Committee on Transport that the Board of the Authority was continuing to monitor developments regarding progress made by the private sector in advancing service area proposals. It was also indicated that the Authority would respond, as necessary, if sufficient suitable areas were not forthcoming. Also in mid-2005, the Department of Transport requested the Authority to consider the provision of on-line service areas. The matter was then attracting considerable public comment and criticism over the absence of service areas on the emerging motorway/dual carriageway network. Criticisms tended to focus on the lack of access to food, fuel and toilet facilities as well as the non-availability of safe parking facilities for drivers who wished to break their journeys. Submissions from the public and interested parties were invited as part of the Authority's review. Further consideration of the matter led to the conclusion that significant gaps in service area provision would occur even under a most optimistic view of private sector intervention. The Authority accordingly decided to become more pro-active in the provision of service areas in the interests of road users. The Authority's subsequent Policy Statement dealing with the provision of service areas on motorways and high quality dual carriageways took account of international practices and the public consultation process already mentioned. Regard was also had to the provisions of the Roads Act,1993, including the Authority's role in the development of a modern, safe and efficient network of national roads. The Authority's approach, as then outlined, envisaged that service areas would be provided for users of motorways and high quality dual carriageways at intervals of approximately 50-60km, where feasible, having regard to engineering, safety, environmental and other relevant considerations. The possibility was left open to cater for road user needs through a combination of facilities located on-line (where proposals are brought forward by the Authority and/or local authorities) and at or close to interchanges (in the case of proposals promoted by commercial interests). NRA policy and implementation strategy continued to evolve taking account of progress being made in completing long sections of new motorway and high quality dual carriageway, as well as the steps taken by private interests to respond to the demand for service areas. Such steps on the part of private interests were at best tentative and sporadic and even

12 today have yet to deliver a single service area offering the full range of services and facilities as would be expected to be found at a high-class service area. The poor progress led the Authority to identify optimum locations for up to twelve on-line service areas distributed across the five major inter-urban routes,including the M9 Dublin to Waterford road. These were announced in September 2006, as was the Authority's intention to actively implement a service area programme. As then announced, the Authority undertook to acquire sites, secure statutory approvals and procure the construction and operation of service areas through open, competitive tendering using the Public Private Partnership mechanism. The key elements of implementation strategy were reiterated in the Authority's Policy for Provision of Service Areas on Motorways and High- Quality Dual Carriageways which issued in October 2007. That Policy, together with the Authority's Press Release of 26th September 2006, identifying up to twelve on-line locations for service areas, continue to inform the strategy that underpins the Authority's current implementation of its service area programme. Criteria for Selection of Service Area Locations A strategic overview of the national road network was conducted by the National Roads Authority for the purpose of identifying the optimum locations for service areas on motorways and high-quality dual carriageways. A key consideration in this regard was a general objective to achieve, to the extent feasible,the siting of on-line service areas at intervals of about 50-60km, which equates to a typical travel time of about 30 minutes. The site identification exercise also had regard to a range of factors, including:- - route length; - distance from junctions to avoid traffic weaving problems; - traffic volumes and related potential road user demand for service area facilities; - suitability of site in terms of land holding size and general layout; - site levels relative to the mainline; - drainage; - access to the local road network (to cater for construction traffic and employee access to service areas and, where appropriate, certain delivery

13 vehicles); and - avoidance of archaeology and other environmental constraints. The policy being pursued by the Authority provides for on-line service area facilities on motorways and high-quality dual carriageways. This will involve the construction of service areas with direct access on and off the motorway/dual carriageway, as distinct from the alternative of being located at junctions with other roads There are a number of factors supporting this aspect of the Authority's policy:- (1) Access directly off the mainline is most convenient for road users and the increased convenience encourages more frequent use of service areas by drivers wishing to take rest breaks and to avail of other facilities provided. (2) The greater the level of usage of service facilities by drivers the greater the benefit in terms of reduced fatigue related road accidents. (3) Access directly off the mainline ensures the separation of longer-distance, high-speed motorway and dual carriageway traffic from traffic on the local roads network resulting in road safety and traffic movement benefits. (4) A preference for on-line service areas on roads of motorway standard is consistent with the pattern of service area provision in the UK and other European countries. (5) The Roads Act, 1993, as amended, provides the statutory basis to regulate the provision of service areas on national rods, including motorways and dual carriageways. Under the provisions concerned, the NRA may seek the approval of An Bord Pleanála for on-line service area proposals using the service area scheme procedure set out in the Act. Policy Implementation Mr.Maher said that the Authority is committed to implementing its service area programme and gave details of the position in other parts of the country.

14 Facilities Proposed. The facilities which it is proposed to provide at NRA procured service areas are limited to servicing the needs of the road user and are typical of those identified as appropriate in the Authority's October 2007 Policy Statement. As then indicated, NRA service areas will usually incorporate a fuel station, shop,restaurant/food outlet, toilet, picnic area, extensive parking and Garda enforcement area. A core objective of policy is to avoid service areas becoming destinations in their own right, thereby generating additional traffic movements over a wider area with implications for the safety and capacity of the national roads concerned and for sustainable development and transport policies. As passing traffic will provide their customer base, service areas should have limited, if any, impact on petrol and food outlets that may be located in nearby urban centres. Road Safety There is a significant road safety dimension to the NRA's service area programme.He referred to the Road Safety Authority (RSA), stating that The RSA is keen that service area facilities will be provided as soon as possible throughout the road network for a number of reasons as follows:- 1. To address the issue of Driver Fatigue by ensuring the motorists have a safe and secure place to stop and take a break from their driving. 2. Provide a safe and secure facility to enable drivers to take a toilet break, make or receive mobile phone calls or any other activity which, if it were carried out on the side of the road or whilst driving, would constitute a serious risk to the vehicle occupants and other road users. 3. To provide safe, secure and appropriate facilities for professional drivers, ie, those driving heavy good vehicles, coaches and other vehicles governed by driver rest period regulations. 4. Provide a safe and secure facility for An Garda Síochána and Road Safety Authority staff to carry out enforcement work in relation to the mechanical road worthiness of vehicles, compliance with drivers' hours regulations and haulage and operator licensing requirements.” He pointed out that a copy of the Road Safety Authority's letter of 27 th

15 June 2008 was attached to his written brief of evidence (Appendix 1).He said the Authority's service area programme will address these specific concerns, as well as catering for the wider needs of road users generally. Statutory Matters He pointed out that the statutory basis for the proposal to provide a service area on the M9 at Kilcullen is contained in Section 47 of the Roads Act 1993, as amended. Subsection (1) of that section includes provisions whereby “A Road Authority or the Authority may make - b) a service area scheme”. Section 2 of the Roads Act 1993, as amended by Section 11 of the Roads Act 2007, defines a “service area” as "an area beside or in the proximity of a public road where services and facilities for users of the road are provided under a motorway or service area scheme”. The NRA will procure the construction of the service area at Kilcullen through a design and build tendering process, with a separate competition for the operation and management of the service areas area facilities.The statutory authority to enter into a concession agreement with an operator is contained in Section 54 of the Roads Act 1993, as amended by Section 10 of the Roads Act 2007 and these provisions would be activated in circumstances where An Bord Pleanála decides to approve the M9 Kilcullen service area scheme. It might be noted that the Roads Act 1993 prohibit’s the provision or operation of service areas on motorways and other national roads other than in accordance with the statutory procedures set out in the Act. These procedures specify that such facilities may only be provided or operated by the National Roads Authority,or a road authority acting with the consent of the NRA,or under an agreement which the Authority or road authority enters into with a third party. The NRA service area policy leaves open the possibility of proposals being brought forward by private interests for the development of service area type facilities at or close to interchanges on the national road network. Such proposals would, of course, be subject to the normal planning permission requirements under the Planning and Development Act 2000. Acquisition of Land for Service Areas The NRA's authority to compulsorily acquire the lands required for the M9 Kilcullen service area scheme derives from Section 52 of the Roads Act 1993, as amended, in circumstances where An Bord Pleanála decides to

16 approve the scheme. NRA Objectives One of the key objectives of Government policy concerning the national roads programme is to improve the level of service available to road users. Traditionally, the yardstick for success in this regard has focused mainly on the elimination of traffic bottlenecks from the network,the associated journey time savings, as well as the improved predictability of journey durations. However,the overall travel experience encapsulates other factors also, including the safety of drivers and passengers and ready access to facilities for rest-breaks, fuel, food and toilet facilities. The NRA's service area programme is a practical response to such road user needs and will enhance the overall level of service experienced on our motorways and high-quality dual carriageways. International Comparisons Mr.Maher then dealt with practice in other countries pointing to countries such as Germany, France, Denmark, Austria,where service areas are almost entirely located on-line.He detailed the examination of the spacing of such facilities leading to their conclusion that a spacing of 50-60km represented an appropriate target spacing between services. In October 2007, the National Roads Authority published a policy statement outlining proposals for the provision of service areas on key inter-urban motorways and dual carriageways. This policy identified 50-60km, corresponding to a driving time of approximately thirty minutes between service areas, as the preferred spacing on the major inter-urban network. The Authority identified the approximate locations of twelve service areas to be provided at on-line locations on the motorway and dual carriageway network, with a further two service areas to be identified at a later date. On-line vs Off-line facilities On-line service areas are those with direct access on and off the motorway or dual carriageway mainline as opposed to being located at or close to a grade separated junction.In the majority of the countries surveyed, service areas tend to be located on-line as opposed to at junction locations. The principal benefits of locating on-line as opposed to at a junction are as follows:- 1. On-line locations provide the most convenient access to the facilities for drivers. Drivers have therefore greater encouragement to take the

17 necessary breaks in their journey. 2. In the recently published Road Safety Strategy 2007-2012, by the Road Safety Authority, driver fatigue was identified as a factor in 20% of fatal accidents. On-line service areas, with the greater ease of access, and greater availability of land in which to construct a more spacious and attractive facility, are better able to service the needs of the driver. 3. Locating a service area off-line, either at or close to a junction with the local road network, generates significant additional movements at the junction, which otherwise would not occur and which forces drivers who wish to avail of the facilities off the motorway or dual carriageway and into contact with local vehicular traffic, cyclists and pedestrians. This mixing of local and higher-speed long-distance traffic has negative implications in terms of safety that do not arise with an on-line facility. 4. On-line service areas do not directly compete with existing fuel and other retail facilities in the immediate locality. Based on the above considerations, the Authority determined that it would pursue a policy of providing service areas on-line. Key Parameters for Service Area Design Mr.Maher pointed out that the NRA Design Manual for Roads and Bridges (DMRB)Advice Note TA 70/08 sets out the basic parameters for the design of service areas A basic principle in the provision of service areas is that they should not become “destinations in their own right”. The primary objective of a service area is to cater for the refuelling, rest and refreshment needs of drivers and their passengers, and it is the policy of the National Roads Authority that facilities provided in service areas cater for these needs and these needs only. Consistent with the principle of not allowing NRA service areas to become “destinations in their own right”, a policy decision was taken not to include hotel or motel accommodation within the service areas.Nor will more

18 comprenhensive retail facilities be allowed. Single vs Double Sided Facilities Having established that a policy of on-line service area provision would best serve road user needs, the Authority determined that above a threshold AADT traffic volume of approximately 40,000 a two-sided facility would be provided, serving each side of the motorway/dual carriageway. Below a value of 40,000 AADT, it is less economic to locate a service area serving each direction of traffic flow. In such situations, service area facilities will generally be located on one side of the motorway, with a bridge providing access to the facility for traffic travelling in the opposite carriageway Required Land Area Taking account of the land required to accommodate a grade-separated junction, a minimum overall area of approximately 13Ha is required. Depending on such factors as site layout and entry and exit slip road geometry larger areas may be required in certain circumstances. Principal Features of NRA Service Areas - Broad Design Objectives The principal objectives in the development of the service area design can be summarised as follows:- (a) Ensure that the service area integrates into the existing landscape, and minimises the visual impact of the development on its surroundings. (b) Achieve an environment within the service area that will encourage drivers to avail of the of the opportunity to take a rest as part of their journey. (c) Incorporate vehicle access and means of circulation that are safe and clear to motorists and pedestrians. The design concept for vehicle circulation ensures maximum segregation of heavy commercial vehicles and private cars. Heavy vehicles circulate on the outside of the site and potential contact with other vehicles and pedestrian users is minimised. (d) Locate car and coach parking as close as possible to the amenity building, and provide clearly defined pathways to and from the building for pedestrians, (e) Ensure an appropriate lighting design which

19 minimises light pollution and light spill but also ensures, in conjunction with CCTV coverage of the building, roads, footpaths and parking areas, adequate safety throughout the facilities. (f) Achieve a building design which provides for the needs of all users and which are safe, energy efficient and sustainable. Mandatory Contract Requirements The principal requirements governing the design and operation of the service area facilities are as follows:- - All service areas are required to provide services for 24 hours a day, 365 days a year. - The main restaurant food court is to be open between the hours of 6.00am and 10.00pm. Outside of these hours hot and cold dispensed drinks and hot and cold take away food will be available. - 'Drive thru' fast food facilities will not be provided as these could (a) discourage drivers from taking necessary breaks and (b) lead to unsafe driving behaviour as drivers tried to drive and eat at the same time - No alcohol to be made available either as part of the sales inventory of the shop or as a separate off-licence concession. - Separate dedicated parking for cars and light commercial vehicles, motorcycles coaches and heavy commercial vehicles. - Amenity building open 24 hours per day to allow access to internal point of sale facilities, public toilets and shower facilities. - Convenience shop manned 24 hours a day. - Free toilets and hand washing facilities for all road users with no obligation to make a purchase. - Shower facilities available at a charge. - Parent and child facilities including baby changing amenities. - A free picnic area incorporating a minimum sized paved area.

20 - Free indoor and outdoor children's play area, the indoor play area to be open from 6.00am to 10.00pm to coincide with the opening hours of the main restaurant facility. - Public telephones plus a dedicated telephone to the emergency services. - An internet booth with three terminals providing broadband internet access for general and local tourist information and access to the NRA website for traffic information. - Separate refuelling facilities for light vehicles and heavy commercial vehicles (HCV). - Payment facilities provided by 'pay at the pump' technology and at the point of sale in the service area building. - Air and water facilities to be provided in the passenger car fuel area and the HCV fuel area. - Electric plug in points for the HCV parking areas. - Disabled parking. - Free parking for a minimum of three hours for all vehicle types. - Free parking for a minimum of nine hours for heavy commercial vehicles, of design vehicle weight of not less than 16 tonnes and with a cabin to allow drivers to rest. - The facilities must comply with current and future equality legislation. NRA Policy Statement Mr.Maher appended a copy of the Authority's Policy Statement of October 2007, on the Provision of Service Areas on Motorways and High Quality Dual Carriageways to his written brief of evidence.(Appendix 2) Mr.McGuiness indicated that Mr.Maher had also prepared a response to the objections received.Copies of these were circulated to the oral hearing.

3.2.2 Response by Mr.Maher to Objections submitted to ABP Mr.Maher prefaced his remarks saying there was a degree of repetition, in that it is reflecting that the same theme is coming through from some of the objectors. Firstly, an objection by Damien Hughes and Associates on

21 behalf Antoinette Coughlan in relation to previous consultations with the National Roads Authority, where Mr. Hughes records that:- "... Ms. Antoinette Coughlan is extremely disappointed with the lack of engagement from the National Roads Authority in relation to the planning and design of this development." The response is:- "The statutory process for Kilcullen Servic Area scheme has been brought forward inaccordance with the provisions of the Roads Act 1993, as amended by the Roads Act 2007. The procedures adopted conform fully with SI 049 of 2008 - Roads (Schemes) (Forms) Regulations 2008.An information leaflet and map was delivered to residents within a radius of approximately one kilometre of the proposed service area site on 28th November 2008. Ms. Coughlan would have been among the residents to have received this information. A public information day took place in Fallon`s's Bar, Kilcullen, on December 15th, from 1pm until 8.00pm. Ms. Coughlan or her representatives did not attend on the day." There is also a second point of objection:- "There is also an issue with regards the necessity of the local access onto the local road which is being provided for emergency vehicles and staff." The response is:- "The provision of a limited access onto thelocal road network is to (a) facilitate emergency vehicle access and (b) provide access to employees from the neighbourhood, without the need to travel on the . In the case of emergency access, this is likely to be a very rare event, indeed, specifically to address an emergency in the service area or on the mainline of the motorway, in circumstances where the mainline of the motorway might be blocked. The provision of employee access will benefit residents of the locality, such as cyclists or pedestrians. Access will be via a controlled security gate and will not be allowed to become a more frequently used access other than as described." An objection from Deputy Sean O'Fearghail TD The objection is on the basis that:- "In the current economic climate, public investment in such an elaborate scheme is unjustifiable." The response is:- "(a) In July 2005, the Authority's Chief Executive informed the Oireachtas Joint Committee on Transport that the Board of the Authority was continuing to monitor developments regarding progress made by the private

22 sector in advancing service area proposals. Also in mid-2005, the Department of Transport requested the Authority to consider the provision of on-line service areas. The matter was then attracting considerable public comment and criticism over the absence of service areas on the emerging motorway/dual carriageway network. Criticisms tended to focus on the lack of access to food, fuel and toilet facilities as well as the non-availability of safe parking facilities for drivers who wished to break their journeys. In addition, the introduction of new EU Working Time directives and regulations have imposed more onerous requirements in relation to maximum driving times and rest periods for truck and other professional drivers. There is currently a lack of suitable parking and rest facilities for the road haulage industry, and existing service stations do not provide appropriate levels of parking. It would be mistaken to view the provision of on-line facilities as a replication of existing off- line facilities. Existing facilities cannot cater for the needs of motorway drivers, and in particular cannot provide the necessary levels of parking to ensure that the road haulage industry complies with its obligations under EU directives. Service area facilities are not an optional extra element of the motorway programme, rather they are an essential element necessary to ensure a safe network consistent with best international practice and compliance with EU directives. (b) A fundamental distinction between an on-line service area facility on the one hand and a facility located off-line or at a junction, on the other, is that the on-line facility draws its custom predominantly from traffic using the mainline only, and not from the local neighbourhood. The customer base for an on-line facility near Kilcullen will be drawn from along the entire length of the M9 route, and not specifically from Kilcullen and its environs. In contrast, an off-line facility located at or near to a junction can attract business from both mainline traffic and from the local neighbourhood. For local customers to avail of facilities in an on-line service area, they must first of all travel to the motorway junction, journey along the motorway to the service, conduct their business and then return to via the motorway. In the case of residents in Kilcullen village, this would involve a round trip of almost ten kilometres. This is unlikely to prove an attractive proposition for the majority of local residents. On the other hand, a service area facility located at Kilcullen junction would prove much more attractive for local residents. One of the key objectives in determining the range of facilities to be

23 included in the network of on-line service areas being developed by the NRA is that they not become “destinations in their own right”. Thus, the facilities are limited to those that service the needs of the motorway user; fuel, food, convenience retail, toilet, parking and picnic areas, but not enhanced retail or facilities that would attract people to make additional journeys onto the motorway network. The opening of the new M9 motorway will clearly result in a significant reduction in the volumes of traffic on what is now the N9 and as such will result in reduced business from passing traffic for existing facilities on the route. However, as outlined above, it is considered that an on-line service area facility will not draw additional local custom away from existing businesses, unlike a new facility located at a junction. Experience on the M1, since the completion of the motorway on this route, is that road users do not wish to divert off the motorway to avail of facilities in the by-passed towns and villages. This is borne out by the very limited turn-off rates witnessed in traffic surveys. In fact, the absence of online facilities on the M1 attracted considerable public comment and the demand for the provisio of service areas contributed to the review of its policy in this matter by the Authority." A second element of Deputy O'Fearghail's objection relates to:- "Experience on the continent would suggest that such areas provide for virtual monopolies,wherein services are provided at inflated prices, contrary to the best interests of the customer. The development of a service centre as proposed is unsustainable on planning grounds given the proposal to erect extensive structures in a locality where there are currently high quality, long established service buildings in existence." The response is:- “The suggestion that service areas provide services to the road user at inflated price may be valid in certain instances; for example, value for money in UK service areas has been criticised, partly on the basis of high prices and partly on the basis of quality of product. However, it is wrong to extrapolate this to being the norm across Europe. Sample surveys by organisations such as the Automobile Association would indicate that good value for money and good levels of service are provided in service areas across Europe. In a planning context, the provision of on-line service areas is envisaged in the Roads Act, as amended, and is consistent with both national objectives and with the Kildare County Development Plan roads infrastructure objectives. As outlined above, an on-line service area will service mainline motorway road users, who predominantly would not wish

24 to avail of existing facilities which have been bypassed. As such, the service area is an ancillary element of the M9 route and is fundamental to delivering improved road safety and services for national road users. It is submitted , the on-line facilities will equally not be an attractive destination for other than motorway users. In essence, existing facilities and the proposed new service area will cater for two distinct and largely mutually exclusive markets. As outlined in(b) above, a key objective is to ensure that the on-line facilities do not become “destinations in their own right” The objection from the residents of Kilgowan,, Inchaquire and Crookstown, the objection extract states:- "The needs of the current N9 (future M9) users are being well served with local services at Crookstown and Kilgowan, rendering this development unnecessary." The response is:-The fuel, rest, food and toilet facilities of road users on the future M9 will not be adequately served by existing facilities on the current N9, as existing N9 facilities will require national road users to turn off that M9 and travel some distance. Experience in other situations, such as on the M1, shows that motorway users are not prepared to divert off the mainline in order to avail of offline facilities, except in emergency situations. In addition, nationally, there is a need for the provision of parking and rest facilities for the road haulage industry, which for the most part do not currently exist within existing facilities." The second element of the objection is that:-"An alternative proposal, to add a slip road from the M9 to the N9 at Kilgowan, that would allow motorists access to these services is a far more cost-effective proposal and would save the taxpayer an enormous amount of money." The response is:- “1. The fuel, rest, food and toilet facilities of road users on the future M9 will not be adequately served by existing facilities on the current N9, as existing N9 facilities will require national road users to turn off that M9 and travel some distance. Experience in other situations, such as on the Ml, shows that motorway users are not prepared to divert off the mainline in order to avail of offline facilities, except in emergency situations. In addition, nationally, there is a need for the provision of parking and rest facilities for the road haulage industry, which for the most part do not currently exist within existing facilities.2. The provision of a single slip at Kilgowan would only cater for southbound traffic, and would not permit northbound traffic to either exit the M9 or to rejoin the M9 at this location. Thus, such an arrangement would provide a very limited service

25 to road users on the M9.Were such an arrangement to encourage proportion of southbound car and HCV traffic off the mainline, it would result in the mixing of high speed motorway traffic with local traffic, including cyclists and pedestrians partly offsetting the benefits of constructing the new motorway in terms of safety and journey time. 3. The construction of the new M9 will be the primary determining factor reducing the volume of passing trade that currently avails of existing facilities on the N9. Experience on other routes is that mainline road users are generally unwilling to divert off the route so as to avail of facilities on the bypassed road.An on-line facility will not, however, attract additional custom from the local area away from existing facilities. For locals to avail of the facilities in the proposed on-line service area, they would first of all have to travel to the nearest motorway junction, at Kilcullen or Mullaghmast, journey along the motorway to the service area, conduct their business and then return to via the motorway. This is an unlikely proposition. 4. As outlined above, the opening of the motorway will be by far the dominant factor in the reduction in passing trade for existing businesses on the N9. The opening of an on-line service area will not attract significant further business away from existing establishments." An objection from The Priory, and the objection extract states "The services for the users of N9-M9 are well catered for at the moment between ourselves (Walls of Kilgowan) and Crookstown Texaco (O'Reillys)." The response is again:-"The fuel, rest, food and toilet facilities of road users on the future M9 will not be adequately served by existing facilities on the current N9 as existing N9 facilities will require national road users to turn off that M9 and travel some distance. Experience in other situations, such as on the M9, shows that motorway users are not prepared to divert off the mainline in order to avail of offline facilities, except in emergency situations. In addition, nationally, there is a need for the provision of parking and rest facilities for the road haulage industry, which for the most part do not currently exist within existing facilities." In relation to the second objection:-"In 2002, at a meeting with the NRA we proposed that we would be willing to go the route of the services and were told that there would be no services on the motorway, yet in 2006 they did a total u-turn and proposed services on the motorway. We again told them we were happy to go the route of the services and were told that there was no room for a slip road." Mr.Maher said he would respond to this at a

26 later stage in the oral hearing. In relation to the next objection that - "We are in a recession and we hear the government talking about saving jobs and billions of euro. Surely, it does not make any common sense for a development that will cost more that €20 million as opposed to a development of a slip road that will cost between 5 and 7 hundred thousand and save the jobs that are there and create more in the future going ahead." The response is:- that the construction of a single slip, even if geometrically feasible,would not achieve the same level of service for road users on the M9. In particular, it would not cater in any way for northbound traffic. One would not be comparing like with like to compare such an arrangement with the provision of a dedicated on-line facility.It is the opening of the new M9 and not the construction and operation of the proposed on-line service area that is the determining factor in the reduction of existing passing trade." The objection from Crookstown Service Station - “that when planning this road, it was apparent that the NRA forgot to include services as part of the design but when challenged, their solution was to funnel the motorists back to existing services, thus solving this issue, but drastically reducing the customer base of existing businesses (cf. previous oral hearing extracts). This has now been altered to elaborate, costly services on-line which in turn will impact hugely on jobs, incurred investment and years of building up these services. In short, most will be closed down. Allowing this to happen is unfair and detrimental, particularly where services have been well operated and easily accessed (which in my own case I hope to demonstrate in Part B)." The response is:-“The NRA policy during the planning of the M9 and other routes was not to provide on-line service areas. However, in July 2005, the Authority's Chief Executive informed the Oireachtas Joint Committee on Transport that the Board of the Authority was continuing to monitor developments regarding progress made by the private sector in advancing service area proposals. Also in mid-2005, the then Minister for Transport requested the Authority to review its approach to service area provision. The matter was then attracting considerable public comment and criticism over the absence of service areas on the emerging motorway/dual carriageway network. Criticisms tended to focus on the lack of access to food, fuel and toilet facilities as well as the non-availability of safe parking facilities for drivers who wished to break their journeys. Subsequently, in

27 2006, the Authority amended its earlier policy of not providing service area facilities, as set out in policy statements in 2006 and in 2007." The second objection extract states:- "A country of our size and population, where end-to-end journeys are so short, could not sustain or need these costly, impersonal services which do nothing to promote community spirit, tourism or a welcoming, obliging attitude, as exists at present. The exorbitant retail prices required to maintain and run these sites will soon be evident to customers and authorities alike. In a more frugal economic climate, people will avoid them." The response is:-"The National Roads Authority's mandate is to deliver a safe and efficient network of national roads. The completion of the major inter-urban network in 2010 will deliver a network of motorways and high quality dual carriageways of a standard comparable to the best in Europe. Normal practice across Europe is to provide on-line service area facilities in order to provide the most convenient facilities to road users. There is an important safety dimension in the provision of service areas -- the Road Safety Authority has indicated that driver fatigue is a factor in 20% of fatal accidents. Drivers on the motorway will be much less likely to take essential breaks if they have to divert off the main line in order to avail of facilities that are at a significant remove from the motorway regardless of how well run such facilities are. In addition, the diversion of significant volumes of traffic off the main line, in order to access existing off-line facilities, will bring high speed, long-distance traffic into direct contact with slower moving local traffic, including pedestrians and cyclists. In safety terms this is not satisfactory." The third objection extract states:-“The Irish taxpayer should not once again, regardless of part European funding, be expected to pay for this costly project, particularly at the expense and closure of existing and well-managed services." The response is:- "The opening of the motorway will be by far the dominant factor in the reduction in passing trade. It is submitted that the opening of an on-line service area will not attract significant further business away from existing establishments. Experience on other routes is that main line road users are generally unwilling to divert off the route so as to avail of facilities on the bypassed road. An on-line facility will not, however, attract additional custom from the local area away from existing facilities. For locals to avail of the facilities in the proposed on-line service area, they would first of all have to travel to the nearest motorway junction, at

28 Kilcullen or Mullaghmast, journey along the motorway to the service area, conduct their business and then return to via the motorway. This is an unlikely proposition. Existing facilities on the current N9 cannot cater effectively for the needs of road users on the new M9. As outlined above motorway users are not inclined to divert off the main line even to take essential breaks. In addition existing facilities are not well served in providing for the parking and rest needs of the road haulage industry. The link road proposal, Part B of Mr. O'Reilly`s objection, this is the response:- "For the link to connect with the new M9, a new grade-separated junction would be required.The National Roads Authority could not sanction the construction of such a junction and link road in order to provide access to an existing business. Furthermore, the provision of such a junction would not be satisfactory on engineering grounds, due to the proximity of the new junction to the Mullaghmast junction approximately two kilometres to the south. It should also be noted that whilst the Crookstown Service Station provides facilities of a certain standard for road users on the existing N9, parking, particularly HCV parking is limited and not on a scale of the parking proposed in the on-line service area. The facilities at Crookstown fall some way short of those proposed as part of the service area. Kilgowan Slip Road: The provision of a single slip at Kilgowan would only cater for southbound traffic and would not permit northbound traffic to either exit the M9 or to rejoin the M9 at this location. Thus, such an arrangement would provide a very limited service to road users on the M9.Were such an arrangement to encourage a proportion of southbound car and HCV traffic off the main line, it would result in the mixing of high-speed motorway traffic with local traffic, including cyclists and pedestrians, partly offsetting the benefits of constructing the new motorway in terms of safety and journey time." This concluded Mr.Maher`s presentation. Mr.McGuiness said his next witness, Ms. Cliona Ryan would be delivering two separate briefs on (1) Planning Considerations (2) Socio- Economic and Community Effects/Impacts 3.3.1 Ms Cliona Ryan,Projects Director, Declan Brassil &Co.Ltd. The full text of Ms.Ryan`s presentation to the oral hearing is contained in the transcript and the written briefs submitted and are synopsised hereunder. Planning Considerations Ms.Ryan pointed out,in regard to the scope of the brief, it provided a summary of Section 5 of the Environmental Impact Statement

29 EIS) prepared to support the proposal for the creation of an on-line service area at Kilgowan townland, Co. Kildare,known as Kilcullen Service Area. She considered the proposal in the context of Strategic Planning identifying the key National and Regional Planning and Development Plans, Policies and Guidelines of the country where they relate to the spatial organisation of land uses and the land use proposed. In relation to the National Development Plan (NDP) the NDP 2007-2013 which integrates strategic development frameworks for regional development, for all-island co-operation, and for protection of the environment with common economic and social goals through the allocation of central government funds she pointed to a total budgetary figure of €184 billion.She then dealt with with the roads element of this and particularily Transport 21 and the National Spatial Strategy (NSS) She pointed out that the National Spatial Strategy published by the Department of the Environment in December 2002 sets the geographical application of National Development Plan (NDP) monies and objectives through to 2020. In relation to the Roads Network, the NSS states that "implementation of the Road Investment Programme under the NDP is a key element in enhancing regional accessibility and thereby underpinning better regional development. This proposed service area located on the M9,which is indicated as a Strategic Radial Corridor part of the national transport system framework of mainroads that is to be protected to allow the best possible road infrastructure standards, thereby strengthening links across the country. The National Spatial Strategy divides the country into eight regions and while this site lying in Kildare,is in the Mid East Region,it is subject to the provisions of the Regional Planning Guidelines(RPGs) for the Greater Dublin Area, setting regional land use and development strategy for the period 2004 to 2020. The RPGs for the Greater Dublin Area are now augmented with a Retail Strategy As part of the Market Review Section of the strategy, petrol stations are considered. Within this category, the strategy gives some consideration to service areas, markedly noting that such facilities are fundamentally related to the new provision of significant lengths of high quality dual carriageways and motorways. " The introduction of long lengths of motorways and high-quality dual carriageways into the network of national roads has necessitated the provision of facilities to cater for road users who wish to rest,refuel and refresh during their journeys. The provision of such

30 service facilities which include petrol stations, cafes, news agents, small convenience shops and rest areas are important for the safety of road users and require a different planning approach.Provision of service facilities should only serve motorway users and retail units included on site should only provide for retail sales of goods at basic convenience and snacks/food to cater for immediate needs." The proposed service area is required to service exclusively the users of the M9 as dictated by its online location and impossibility of local shopping access to the site. The design and layout of the service area is in accordance with the NRA Guidance Note TA 7O/08. Therefore, the proposed development is felt to expound the principles relating to service areas as set out in the GDA Retail Strategy. Ms.Ryan said that the 2000 Retail Planning Guidelines were updated and issued by the Department of the Environment and Local Government in 2005. to provide a comprehensive framework to guide local authorities in preparing Development Plans, assessing applications for planning permission, guiding retailers and developers in formulating development proposals and ensuring that future development be accommodated in a way that is efficient, equitable and sustainable. In this context and given the service area online location on the M9 and the limited retail offering associated with the scheme, it is considered that the service area will not act as a destination shopping facility and therefore will not create additional travel patterns nor affect existing travel patterns. Ms.Ryan then referred to February 2008, when the NRA published a revised Advice Note TA 70/08, entitled 'The Location and Layout of Service Areas', as part of its Design Manual for Roads and Bridges (DMRB). This is a design rather than a Planning Guidance document. However, it does set out considerations in the design of service areas that directly relate to their appearance and arrangement as dictated by road safety and design capacity protection factors.She said that the service area arrangement and layout is located and designed in accordance with Guidance Note TA 7O/08. As such, the proposed service area is seen to aid in the achievement of national roads objectives in a manner which reflects modern best practice in their design and location. In the local statutory planning context she said the proposed site is located within ; as such, it falls within the administrative boundaries of that planning authority. Development at this location is subject to a

31 consideration of the provisions of the Kildare County Development Plan 2005 to 2011 and any other relevant plans or polices adopted by that authority. She referred to Chapter 3 of the Plan and specifically objectives listed therein - "- to improve road safety for all users and reduce fatalities/accidents on Kildare roads; - prepare an integrated transport for Kildare based on sustainability and better use of resources; - enable people, goods and services to reach their destination safely, economically and quickly, and to improve access to services in rural parts of Kildare; - to improve the capacity of road infrastructure within County Kildare in accordance with national/regional policy. - to ensure all new housing developments are provided with adequate transport services and to enable these to be served where possible by public transport services through appropriate location,layout and density. Again referring to Section 3.1.4.3 of the Development Plan She pointed to - NR6 To facilitate the adequate provision of motorway service stations at appropriate locations in the county. She said that the Kilcullen Interchange was to be examined within a two- year period of the adoption of this development plan.The Council supports the completion of the national roads network which includes the M9 Killcullen to road. In this regard, the Council set out certain general transport polices, including:- "GR1 To co-operate with the relevant transport bodies and to secure improvements to the public transport system. GR2 To preserve free from development proposed road alignment/improvement lines and associated corridors where such development will prejudice the implementation of the National Roads Authority or County Council Plans. GR 13 To promote road safety measures in conjunction with Government Departments and other agencies

32 to avoid the creation of traffic hazards and to ensure traffic management issues are adequately addressed at pre-planning and application stage." The proposed development, being advocated by the NRA as a Roads Scheme, and in accordance with their standards as a required road safety measure, is considered to be in accordance with the above policies and objectives, in that it will support the development of the highest standard national routeway at the subject location, will not interfere with the carrying capacity of the road nor be incompatible with the use of the M9 as a primary distribution route; rather, it will support its role providing essential road user rest and refuelling facilities. Chapter 7 of the Plan is concerned with the County's Retail Strategy. It summarises the County Retail Strategy and sets development policy and objectives for various forms of retail development. Whilst service areas are not considered amongst the forms of retail development set out in the Plan, a review of the Strategy and Plan objectives is considered relevant due to the presence of a shop element within the service area. The proposed development lies outside the identified settlement and retail hierarchy as it is not located within a designated settlement. With regard to all retail proposals, the Plan advises the application of the sequential approach, in accordance with the Retail Planning Guidelines, to establish the need and suitability of retail proposals. The primary objective of the service area is to provide fuel, rest and restaurant facilities for national road users; secondly, there is an important road safety dimension to the provision of these facilities. Access to the development will be confined to the M9 and the service area is intended as a facility for the M9 users exclusively. The provision of the service area is driven by official NRA policy and it is designed in accordance with their guidance document. The proposed service area is therefore considered to promote the sustainable development objectives of the Kildare County Development Plan. Conclusion The Kilcullen service area, as one of the service areas being promoted by the NRA, is considered to be an integral ancillary element to the delivery of a high-quality motorway through the provision of services which facilitate the national road user at a location and in a manner which accords with NRA Guidance Note TA 7O/08.

33 The service area is to be located on the M9, which is indicated in the National Spatial Strategy as a Strategic Radial Corridor that forms part of the National Transport Framework. The NSS states that in order "to support balanced regional development,Ireland's transport networks must, inter alia, 'build on Ireland's radial transport system of main roads and rail lines connecting Dublin to other regions, by developing an improved mesh or network of roads and public transport services'." The NSS find that the improvement of such national roads is so imperative to balanced regional development that: “Decisions on land use and development must take account of existing public transport networks or support the emergence and development of new or augmented networks". The proposed service area is to service the M9 motorway. The requirement for a service area at this location arises from NRA policy to service the rest and refueling needs of national road users, and on this basis, the service area facility will contribute to an improvement in road safety on this and other routes. The existence of service areas at appropriate locations is fundamental to delivering a high-quality national road network. Therefore the proposed development accords with the National Spatial Strategy and Regional Planning Guidelines objectives of ensuring the M9 is of the highest standard, to provide for ready access to and from the greater Dublin Area, and to Carlow and beyond. The Strategic Planning Context Plans and Guidelines considered are not permanent and subject to update and review. At this juncture, a review of all Plans is to occur subsequent to anticipated construction of the proposed service area. However, given the strategic long-term importance of the protection of the M9, a national radial link artery, it is anticipated that no significant conflict with future Strategic PlanningPolicy will arise. Therefore, the operational impact of the proposed development on the strategic planning context of the subject lands is considered to be positive, long-term and moderate. No mitigation measures are proposed in the absence of identified negative impacts. Given the nature of the environmental factors involved, mitigation measures would extend to proposed Strategic Policy considerations that are outside of the scope of this development to alter. The Kildare County Development Plan defers to the NDP and NSS objectives. The proposed development, identified by the NRA as a critical amenity and refuelling service requirement for M9 users, is therefore

34 considered to promote and support the objectives and policies of the Development Plan by achieving a high standard national route along the M9.Therefore, the proposed development is considered to accord with the County Development Plan. It is considered that the impact of the development on the Local Planning and Development Context of the subject lands during the Construction Phase will be positive and permanent in its realisation of the transport objectives and polices of the County Development Plan. This positive impact is felt to be significant when the associated direct and indirect potential economic benefits of the service area being located within the county are taken into consideration. In common with the anticipated impact on the strategic planning context of the subject lands, it is considered that the strategic long-term importance of the protection of the M9 will dictate local planning policy on the subject lands and therefore no significant conflict with the future local planning context of the site will arise. Therefore, the operational impact of the proposed development on the local planning context of the subject lands is considered to be positive,long-term and moderate. No mitigation measures are proposed in the absence of identified negative impacts. Given the nature of the environmental factors involved, mitigation measures would extend to proposed Strategic Policy considerations that are outside of the scope of this development to alter. Notwithstanding, monitoring of future Development Plans, Local Area Plans or other Council policy documents is advised to avoid any future land use or designation conflicts with the operation of the proposed service area. In consideration of the predicted positive impact of the proposed development on the strategic and local planning and development context of the subject lands,no negative residual impacts are predicted. Socio-Economic and Community Effects/Impacts Ms Ryan said that in this section she proposed to give a summary of Section 6 of the Environmental Impact Statement (EIS) prepared to support the proposal for the erection of an on-line Type II service area at Kilgowan townland, County Kildare,known as M9 Kilcullen Service Area. The service area facilities will be provided on the western side of the M9. Public access to the service area will be restricted to direct access from the M9 with access from the south bound carriageway via anover-bridge. Restricted access from the local road network into the site will be provided for employees and emergency vehicles only.

35 Section 6 of the EIS identifies and examines the likely significant socio- economic and community effect/impacts that may arise as a result of the construction and operation of the proposed service area. In assessing and evaluating the significant impacts of the proposed M9 Kilcullen service area on the social and economic functioning of the community, the population in the general vicinity of the proposed development as well as future users of the M9 were considered. The EPA Advice Notes on Current Practice in the preparation of Environmental Impact Statements suggest that the following issues be examined under the heading 'Human Beings':- - "Economic Activity - Will the development stimulate additional development and/or reduce economic activity; and if either, what type, how much and where? - Social Consideration - Will the development change pattern and types of activity and land use? - Land Use - Will there be severance, loss of rights of way or amenities, conflicts or other changes likely to ultimately alter the character and use of the surroundings? - Health and Safety - Will there be risks of death, disease, discomfort or nuisance?" Issues related to human health, such as air and noise are dealt with in the relevant sections of the EIS.Therefore, this EIS section aimed to identify the significant impacts that the proposed development may have on economic activity, social consideration and land use. The identification of high-level land use patterns was considered as part of a review of the statutory planning context of the proposed site contained within Section 5 of EIS and found that rural land use predominates in the area. In order to build a socio-economic and land use profile of the site, it was considered that the context and character of the proposed site would be reflected in the population and land use profile of its immediate area and that a consideration of that local area rather than simply the proposed site itself, was most appropriate to identify potential sensitive receptors. A service area performs a role as a dedicated rest and refuelling facility for the national route on which it is located.As such, it is primarily accessible by motor vehicle only from that route.An area determined by a 10 minute drive time from the proposed service area site was,therefore considered

36 appropriate Ms Ryan then examined demographic trends and concluded that the make- up for the area was not markedly different from that of county and State. On employment she said the largest employment sector in the immediate area is the manufacturing sector. In Kildare County, professional, technical and health represent the largest sector of employment. For most catchments, those engaged in jobs related to transport and communications form the smallest employment sector. On a county level, the agriculture sector represents the lowest proportion of the labour force. Under the heading of “community” she said the site located approximately 4.5km south of the town of Kilcullen is predominantly rural in character. The local residential community consists of mainly occasional, one-off housing, with agriculture being the main land-use.The main economic activity in the area is agriculture,with a number of quarries and quarry related activities also in the area. With recent improvements to the roads network and public transport system, commuting to Dublin has become an attractive option from Kilcullen and the surrounding area.The surrounding area and county is considered of importance to the Irish tourism industry, due to the presence of a number of attractions and therefore the visitor community will benefit from the scheme in terms of enhanced travelling service facilities along the M9. There is no train station at Kilcullen, however, Bus Éireann and private operators run bus services from Kilcullen, and services to pass through the town. Dealing with “retail impact”she referred to par.97 of the Retail Guidelines which allows up to 100m2 of retail space in association with petrol filling stations but pointed out that while in this case an area of approximately 217m2 is involved the proposed development did not arise as a speculative response to apotential market but as a result of a requirement for the provision of a range of services for road users in accordance with NRA policy.Due to the inaccessibility of the service area by foot or by any means other than from the adjacent national route, the potential customer base arises exclusively from users of that road. It is further summarised that the travel patterns of the users of the national route way are generated from the presence of a national route and not as a result of the presence of the proposed service area and ancillary retail element therein.She then examined the proposal in the context of the criteria under par.65 of the RPGs and having concluded that there were no negative aspects arising.

37 said in addition to the above assessment, it was considered that in the interests of prudence and rigour a 'Retail Health Check' of existing towns and villages within the 10-minute drive time area surrounding the proposed site be undertaken.In this regard, the settlements considered were Kilcullen , Calverstown, Brannockstown and Dunlavin.The proposed service will enhance the quality of the M9 as a primary national route way in accordance with NRA policy and is therefore not considered to negatively effect the retail health of these existing settlements. Similarly, it is noted that the smaller settlements hold only limited retail offerings which service the immediate, dispersed population. The inaccessibility of the proposed service area from the local road network will lead to a lack of interruption of the existing retail function of these settlements. Conclusion It is noted that other individual sections of this EIS deal with environmental factors which pertain to public health and other issues. This section of the study concentrated on the identification of the potential primary socio- economic impacts of the proposed development.The service area has no residential element and therefore will not lead to an increase in resident population nor the requirement for associated social,amenity and community services for such a population.The development will create employment during the construction phase and create long-term employment opportunities during the operational phase. It is envisaged that approximately 30-40 jobs will be created and sustained during the operational phase of the development.The construction phase of the development will be subject to an Environmental Operating Plan and the development will operate in accordance with a Management Plan, both of which, when fully implemented,shall ensure mitigation against disruption of the local community. 3.3.2 Response by Ms.Ryan to Objections Received Ms.Ryan referred firstly to the objection from Damien Hughes and Associates on behalf of Antoinette Coughlan. The objection extract is as follows:- " However, the EIS overlooks the provision within the County Development Plan which states the following on page 246, within Section 15.9: - any industrial or commercial development shall not be injurious to the residential amenity of adjoining properties." The response in this instance is:-

38 "It is considered that the EIS and mitigation measures contained therein demonstrate that the proposed development will not have significant negative impact upon the existing amenity of the area, including residential amenity It is noted that the quotation used by the third party here arises from Chapter 15 of the current Kildare County Development Plan which deals with 'Development Control Standards'. In the first instance, it is noted that the Planning Section of the EIS, under Section 5.5, sets out the 'Local Planning Context' of the site and use proposed which largely consists of a review of the Kildare Co.Development Plan vis-a-vis the site and its uses. The EIS provides this review in 'the runing order' of the Development Plan for ease of reference. Section 5.5.3 of the EIS entitled 'Land Use Zoning and Designations` where it is noted that the subject site does not hold a specific land use zoning and is considered to be predominately rural in character. The Development Plan does however contain a Chapter entitled 'Development Control Standards' which apply design and layout standards to certain types of development on all land within Kildare County Council administrative area. Section 5.5.4 of the EIS is entitled 'Development Control Standards' and repeats the pertinent sections of The Development Control Standards of the Kildare County Development Plan where they apply to the proposed development. In this regard, there are 20 no. subsections within the Development Control Standards Section of the Development Plan and of these, archaeology, architectural heritage, retail development, petrol filling stations, transportation and roads and car parking standards were felt to pertain to elements of the development in the absence of service areas as a whole being one of the land uses considered within the Plan for the application of development control standards. The service area proposed was felt to accord with the standards reviewed. It is noted that the third party submission makes reference to Section 15.9 of the Development Control Standards Chapter of the Development Plan. The service area is not considered to be an industrial development and therefore was not considered against the Industrial Development Standards set out in the Plan. Notwithstanding, hereunder repeated are those development standards:- 'In relation to industrial development the following should be taken into consideration:- - Adequate provision shall be made on the site for parking of vehicles, storage and stacking space. Storage and stacking areas

39 shall be located to the rear of the building or where such facilities are located at the side, provision for screening shall be made. - The building line from adjoining land-uses will be determined at Local Area Plan level having regard to the nature of uses and site specific matters. - The front building line shall be as determined in consultation with the Planning Authority and, where required, the existing roadside boundary shall be set back. - Any industrial or commercial development shall not be injurious to the residential amenity of adjoining properties. - A landscaped buffer zone (minimum 5-10 metres) will be a requirement of planning permission for any industrial/warehouse development where it adjoins another zoning or where it would seriously injure the amenities of adjoining land uses.” It is considered that the proposed development accords with the foregoing." The following objection extract also arises from Antoinette Coughlan's objection prepared by Damien Hughes and Associates:- "Reference is also made to a landscaped buffer zone of minimum 5-10 metres, however the consequence of the mitigation measures and their scale and proximity to my client`s property indicates that this particular aspect of the proposed design does not comply with the above requirements of the Kildare County Development Plan 2005-2011. Consequently, we disagree with the statement contained within Section 5, Planning, final paragraph 5.7.2, of page 100 of the EIS which states the following:- The proposed development identified by the NRA as a critical amenity and refuelling service requirement for M9 users, is considered to comply with the Development Control Standards of the County Development Plan. It is further considered to promote and support the objectives and polices of the plan by achieving a high standard national route along the M9. Therefore, the proposed development is considered to accord with the County Development Plan."Whilst we note that the Environmental Impact Statement covers extensive analysis of the various environmental planning and

40 engineering aspects of the proposed development, there appears to be no three-dimensional aspect to the analysis of the project. It would be prudent to have produced a shadow and light study of the development in accordance with Site Layout Planning for Daylight and Sunlight: A Guide to Good Practice or (BRE 1991) or ES. 8205 Lighting for Buildings Part 2 1992: Code of Practice for Day lighting. This type of analysis is being requested in respect of both large and small scale developments by Kildare County Council Planning Department where potential negative impact upon the residential amenity of adjacent residential properties may result. Consequently, it would have been established that the impact of the proposed developme upon Ms. Coughlan's property would be detrimental Ms.Ryan`s responded that - "The mitigation measures included within the service area proposal extend to landscaping of the subject site. It is considered that the presence of such landscaping will act as a buffer zone and therefore accords with the requirement for a 'set back' of commercial development from existing surrounding development. It is noted that the landscaping proposals are extensive and provide in excess of 5 metres depth of soft landscaping to the relevant site boundary (western). It is noted that the requirement for a landscaped buffer zone arises in Section 15.9 of the current Development Plan where Development Standards for Industrial Development are set out.The current proposed service area is not considered to be industrial development but is acknowledged as having commercial elements.The standard provided in regard to this buffer zone is as follows: 'A landscaped buffer zone (minimum 5-10 metres) will be a requirement of planning permission for any industrial/warehouse development where it adjoins another zoning or where it would seriously injure the amenities of adjoining land uses.' .It is noted that the dwelling and curtilage abutting the northern boundary of the subject site will be provided with approximately 21-metre landscaped setback to the internal roadway of the service area and further is at a setback distance in excess of 200 metres from the service area building itself as indicated in the attached drawings In response to the Inspector.M,s Ryan said she was referring to Vol 3 & Figure 10.3 It is felt that such setbacks greatly exceed those advised in certain circumstances in the Development Plan and as such will provide a significant 'buffer zone' between the existing residential dwelling abutting the northern boundary of the site and the service area site activities."In response to the Inspector,Mr.McGuinness said that various aspects of the

41 landscaping such as height would be dealt with by Mr.Burns. Ms.Ryan dealt with the following further objection from Mr.Hughes - "The absence of any understanding of the negative impact of the development within the EIS is demonstrated by the following conclusion contained within Section 5, Planning, paragraph5.8, page 101:- 'Residual impacts: In consideration of the predicted positive impact of the proposed development on the Strategic and local planning and development context of the subject lands, no negative residual impacts are predicted.' We also refer to Section 6 of the EIS, Socio-Economic and Community Effects/Impacts, which was produced to anticipate the significant effects of the proposed development on Human Beings.We note a further comment contained within Section 6 of the EIS, which states the following within the introduction:- 'Human beings comprise the most important elements of the environment. In carrying out development, one of the principal concerns is that people should experience no significant unacceptable diminution in an aspect or aspects of their quality of life as a consequence of the construction or operational phases of development.' Within the pages 102- 120 inclusive extensive analysis of the socio-economic impact of the development upon the towns and villages within the vicinity of the development, and the conclusion of this section of the EIS is that there will be no adverse impacts on the population, employment and community during operation of the service station." Response - “This EIS is presented in the Grouped Format Structure where different aspects of the environment are individually considered. The Planning Context of the site and proposal is considered within Section 5 of the EIS. The Planning Context of a site and a proposed use are set by plans, policies and guideline rather than by physical factors existing in the environment, such as air, noise or water. It is considered that the proposed development will have no negative residual impact upon the planning context of the site. This consideration necessarily excludes consideration of any other factors dealt with elsewhere in the EIS. In other words, it is not expected that the service area's presence will result in a contravention of the planning policy that applies to the site area as set down in National Guidelines or the Local Development Plan." The next is an extract from the objectionby Mr.Hughes was - "However, Section 6 of the EIS makes no assessment whatsoever of the economic impact of the proposed service station upon my client's

42 property, which is going to suffer a total depreciation in its value should this project be allowed to proceed. Furthermore, within Section 10, Landscape and Visual Impact, specific reference is made to Ms. Coughlan's property, reference P11, and concludes that the impact for Construction Stage Impact, Early Operation Stage Impact Established Operation Stage Impact to be Significant, Significant & Moderate respectively." Ms.Ryan responded that :- "Devaluation of existing property is not expected to occur as a result of the development as no significant diminution in the existing residential amenity of existing property is predicted to occur." In response to the objection from Sean O'Fearghail TD, - "that the development of an on-line service area, as envisaged, would impact negatively on existing service providers in the area, would lead to significant job losses and would thereby impact negatively on the local economy." Ms Ryan said - "It is considered that the proposed service area will form a fundamental part of the new dual carriageway, the M9 motorway, and as such is an ancillary element of that roadway. It is further considered that due to the imminent presence of the M9 the existing travel patterns in the vicinity of the site will change to reflect its presence, especially where they arise from motorists using the national road network and generally undertaking long journeys. It is therefore felt that the presence of the service area at this location will not significantly interrupt nor diminish existing local businesses as existing patterns of travel in the area will irrevocably alter with the opening of the M9 alignment.It is further considered that due to the retail offer in the service area being confined to national road users only, and its layout which precludes ready local access, that the potential customer base for the service area will be limited to users of the national road, thereby avoiding drawing local access and spend away from existing businesses which rely current road layout." To the objection on behalf of the residents of Kilgowan, Ballymount, Inchaquire and Crookstown. States :- "The development will be detrimental to local businesses and employment, as the passing trade will be totally absent if this development proceeds. The local community will be badly affected if the local licensed establishments have to close down without the trade of the passing motorists." Ms.Ryan responded :-

43 "It is considered that the proposed service area will form a fundamental part of the new dual carriageway, the M9 motorway, and as such, is an ancillary element of that roadway. It is further considered that due to the imminent presence of the M9 that the existing travel patterns in the vicinity of the site will change to reflect its presence, especially where they arise from motorists using the national road network and generally undertaking long journeys. It is therefore felt that that the presence of the service area at this location will not significantly interrupt nor diminish existing local businesses as existing patterns of travel in the area will irrevocably alter with opening of the M9 alignment.It is further considered that due to the retail offer in the service area being confined to national road users only, and its layout which precludes ready local access, that the potential customer base for the service area will be limited to users of the national road thereby avoiding drawing local access and spend away from existing businesses which rely on the current road layout." To the objection from the owners of The Priory that :- "On a personal level, we have been in business here since 1959 and have built up a business of both local and passing trade, with the trend in the last ten years more to food. Our trade consists roughly 80% passing trade and 20% local." Ms.Ryan said :- "It is considered that the service area will serve the users of the national motorway exclusively as an ancillary element of the new M9 motorway. There is a retail offer within the service area which reflects its rest and refueling role for the motorway users only. It is noted that existing businesses will be located off-line from the new M9 motorway and therefore trade patterns will have changed and will not be additionally significantly negatively impacted upon by the service area." To the final objector, Crookstown Service Station O'Reillys N9 Centre,that :-"The exorbitant retail prices required to maintain and run these sites will soon be evident to customers and authorities alike. In a more frugal economic climate, people will avoid them." Ms.Ryan responded :- "The decision to access the service areas will be up to each individual motorist as they fit. The service area is a particular type of land use which offers the opportunity for picnicking and WC facilities without the requirement to spend money and as such, will offer a welcome amenity along national routeways." That concluded Ms.Ryan`s evidence. 3.4.1 Mr.E.Crawford,Halcrow Barry Ltd.

44 Mr.Crawford, said he would be giving evidence primarily in relation to the general engineering and design aspects of the scheme. He described the process that was undertaken in assessing the M9 Dublin to Waterford route corridor and the identification of suitable service area sites thereon. A number of factors determined the preferred locations of service areas along the particular route. These factors include:- - overall length of the route between Dublin and Waterford; - location of major towns along the route; - traffic volumes and related potential road user demand for service area facilities; - proximity of existing grade separated junctions to one another; and - topographical constraints. From an economic perspective, where route AADT values exceed approximately 40,000, a double-sided facility is generally adopted with a single-sided facility generally provided for lower AADT values; this is where a facility will be provided on one side of the mainline only and access is provided via a grade-separated interchange serving traffic from both directions. In the case of the M9, traffic volumes at design year are below 40,000 AADT and accordingly a single-sided facility has been adopted. A primary constraint in identifying possible suitable sites is the necessity to avoid conflict between traffic using the service area slip roads and traffic using the slip roads of the nearest adjacent junction.NRA standard TD 22 identifies that ideally a minimum distance of 2km should be provided from one junction to the next to allow for sufficient lengths for streams o vehicles to safely merge and diverge between the junctions. This equates to a minimum distance of approximately 6km between existing junctions in order to accommodate a new service area and its required merge and diverge slip roads between any existing junctions. Where a new junction is being constructed and the minimum distance of 2km is not achievable, this may be reduced to a minimum 1km as a relaxation or adeparture from standards depending on traffic volum The overall distance between Dublin (M50 Junction) and Waterford is approximately 150km. The M7/M9 route at present consists of both motorway/dual carriageway and single carriageway sections. Following spacing criteria of 50-60km would result in both service areas

45 being located on the M9, south of the split from the M7. A policy decision was taken to adopt a strategy of providing two equitably spaced service areas on M9, the subject one being in the vicinity of Kilcullen between the Kilcullen interchange and the Mullaghmast interchange. The choice of the Kilcullen interchange to Mullaghmast interchange study area ensures that the proposed service area caters for the higher traffic use on this section of the proposed M9, north of the junction with the link, and gives maximum benefit to the travelling public. A preliminary evaluation of the overall route was undertaken to determine which sections of the route between junctions could feasibly accommodate a service area and fulfil the spacing criteria of providing two service areas on the M9, one approximately 50km from the M50 and the other approximately 50km from Waterford. The spacings between junctions are indicated in Table 2.1 with the relevant preferred study areas for the service areas on the M9 highlighted in green.The section of the M9, between the Kilcullen interchange and Mullaghmast interchange, was considered to be the study area for the M9 Kilcullen service area (Figure 2.2 of the EIS). Site Selection Process Mr.Crawford said that in selecting the proposed site for the M9 Kilcullen service area consideration was given to the engineering and environmental issues. A preliminary evaluation determined a preferred study area between Kilcullen interchange and the Mullaghmast interchange.In selecting suitable sites within the study area for consideration and evaluation, the technical and environmental requirements/characteristics of the potential service area were examined. This engineering selection process began with a broad analysis of geometric design constraints within the study area. These included a review of the existing horizontal and vertical curvature parameters to determine if the service area diverge and merge lanes could be incorporated into the existing dual carriageway alignment in such a way that they would not adversely affect the safety of existing road users. It also included an assessment of the weaving length between possible sites and existing junctions such that vehicles would not be forced to perform potentially unsafe manoeuvres between the service area and adjacent junctions. The next stage of the review was an assessment of existing structures, such as bridges, which might restrict the construction of the merge/diverge lanes and development of the service area itself. Once a number of areas of land adjacent to the dual carriageway had been identified as possible locations for each of the service area sites, as described above,

46 the following criteria were considered:- - road category type; - projected Annual Average Daily Traffic (AADT) 15 years after year of opening of the service area; - projected percent of Heavy Commercial Vehicles; - distance to adjacent on-line service area or locally available amenities; - availability of services including potable water supply, wastewater disposal, telephone and electricity supplies; - potential environmental impacts on human environment such as air, noise, visual and land issues; - potential impacts on the environment relating to endangered species, aquatic habitat, wetlands or archaeological sites; - road geometry, horizontal and vertical alignment should be such that easy access for all types of vehicles is facilitated: eg, access on straight or outside of a bend, longitudinal gradient not greater than plus or minus 2%, adequate stopping sight distance in both directions; - land requirements where appropriate, existing areas of land in public ownership should be utilised -- should additional land acquisition be necessary, locations should be selected that minimise the effect on local land use; - physical characteristics of site -- factors to be considered should include the following:- soil characteristics, ground water regime, topography, existing vegetation, water features, historic features, setting (urban/rural), views or vistas, prevailing winds, proximity to existing or planned residential development and proximity to environmentally sensitive areas. The principle physical constraint criteria used to select suitable zones for the location of a service area site and interchange were 'weaving distance', slip road lengths and the avoidance of existing structures. Initially, sections

47 of the M9 mainline within 2km of the end of a merge taper associated with an existing interchange slip road were excluded from further consideration due to DMRB weaving length requirements. The next stage of the review was an assessment of existing railways and structures, such as bridges, which might restrict the construction of the merge/diverge slip roads and development of the service area. (See Figure 2.5 of the EIS) Finally, sections with insufficient distance between existing structures to locate an interchange were excluded.From the above assessment, there remain five potential development sites that may be compliant with site selection criteria. These are:- - Site 1A Kilgowan West - Site 1B: Kilgowan East - Site 2: Baronsland West - Site 3: Blackrath East - Site 4: Inchaquire East (see Figure 2.6 and 2.7 of the EIS) Mr.Crawford then compared and contrasted in script and in tabular form using a ranking system on the strengths and weaknesses,advantages and disadvantages of the foregoing five sites to each other, which lead eventually to the selection of Site 1A at Kilgowan West,as the preferred site option. Lands to be Acquired for the Scheme Mr.Crawford then dealt with the lands required for the scheme.These are shown on the CPO Deposited Map(TJSARE-SO9-CP-003) and contained in the schedule attached to the CPO,on display at the oral hearing. These detail the owners and occupiers of lands to be acquired and lands on which it is proposed to prohibit or restrict any direct means of access to or from the service area. He pointed out that the lands to be acquired,at a total area of 13.3ha,are the minimum required for the service area. He noted that at this point the landowners listed on that Schedule had now withdrawn their objection. He continued saying "There are no houses proposed to be acquired as a result of the development. There are no rights in relation to land affected by the development proposed to be compulsorily acquired. There are no public or private rights of way proposed to be extinguished as a result of the development. There are no planning permissions that are proposed to be

48 revoked or amended as a result of the development. General Site Layout The proposed Type 2 service area, as defined in NRA TA 70/08, will provide segregated parking areas for passenger cars, heavy commercial vehicles (HCVs) and coaches. Fuel station facilities will be provided along with a convenience shop, restaurant, toilets, showers, indoor and outdoor children play areas and tourist information kiosk. Recreation and picnic areas will also be provided within a landscaped environment. A Garda Enforcement Area will also be provided within the site. The service area facilities will be provided on the western side of the M9 motorway. Public access to the service area will be restricted to direct access from the M9. Access to and from the south bound carriageway will be via an overbridge. Restricted access from the local road network into the site will be provided for employees and emergency vehicles only. The design and layout of the proposed service area is based on the NRA advice note TA 70/08 'The Location and Layout of Service Areas'. Site layout Principles Reference should be made to Figure 3.2 of the EIS. The main elements of the service area include:- - internal roadways and access slip lanes to and from the service area; - parking for passenger vehicles, HCVs and coaches and motorcycles; - amenity building and ancillary facilities; - fuel Station and associated facilities; - storm and foul drainage; - water supply; - Garda Enforcement Area; - lighting; - picnic Areas; and - general earthworks/landscaping. The layout design takes into consideration the optimal size and location of each of these elements of the service area depending on the topographical and geometrical characteristics of the site, the provision of access to the service area from the adjacent roadwayand general compliance with NRA Advice Note TA7O/08. He said that the design speed for the internal road network is 20kph. Traffic speeds will be controlled by the horizontal curvature and vertical profile of

49 the internal road alignments. Slip Road and Access Road to the M9 mainline from the service area is via a grade-separated interchange connecting to the northbound and southbound carriageways as shown on Fig No. 3.1 of the EIS. Service Road. In addition to the main service area access off the M9 motorway, it is proposed to provide a service road access to the service area off the local road the L6091to the west.This service road would be restricted to provide access for emergency vehicles and staff only. As such, no delivery vehicles or customers will be able to access the service area via the service road. It is anticipated that the majority of staff trips will access the service area via the M9. However, some staff may also access the service area from the L6091 using the service road. Use of the service road by the emergency services will be in exceptional circumstances only and limited by their nature.The service area facility will require a 6m wide and 67m long access road to connect to the local road network. This link will be located at the north-west corner of the service area, merging the service area's internal perimeter carriageway to the local road L609l.Access to the service area via the service road will be controlled by a secure gate system in order to prevent the general public accessing the site via this access point. The T- junction of the service road and L6091 has been designed to comply with DMRB TD 42/95 'Geometric Design of Major/Minor Priority junctions'. The service road access will be provided at a section where the vertical and horizontal alignments provide good visibility for approaching traffic. The road width of the L6091 in the vicinity of the service area is approximately 4m wide. Verge widening may be required to provide a stopping sight distance of 90 metres along the L6091 Road in advance of the service road access location. Structures The construction of the M9 Kilcullen service area requires an overbridge over the M9 for access from the southbound carriageway. This overbridge is proposed at CH75000+54 on the M9. The Service Area Building Amenities will include, but not be limited to, the following:- - convenience shop with associated office and storerooms; - restaurant seating area with associated serveries, kitchen facilities, storeroom, and office; - toilet areas for customers including facilities for

50 disabled users (a minimum of 2 cubicles for disabled users); - wash and shower facilities (a minimum of 2 self contained washing cubicles to include lockable doors, wash hand basin, minor, shaving point, bench, shower); - baby changing room; - tourist Information kiosk, ATM, Public phone, Web access; - staff Canteen, lockers, toilet and shower facility; - children's indoor and outdoor play area; and - outdoor picnic area. The overall size of the building to be provided is approximately 1400 square metres, including approximately 230 square metres for the convenience shop and seating for up to 175 people in the restaurant area. With regard to Fuel Station Facilities,the covered forecourt layout has been designed to accommodate separate fuelling facilities for cars and HCVs/coaches. The design allows for one-way traffic flow only through the forecourt areas. Dealing with Surface Water Drainage,the drainage design follows the principles of Sustainable Drainage Systems (SUDS). The SUDS system aims to limit surface water runoff rates from a development to the maximum runoff rate of the existing greenfield site for a one in 100 year return period and provides a series of treatment systems, which combine to ensure that surface water runoff entering the receiving watercourse has a high level of water quality.(A separate detailed brief of evidence outlining the surface water drainage design has been prepared for presentation by Fran Ryan.) Service and Utility Supply.He said Electricity supply for the amenity buildings, public lighting and foul pumping station will be provided by the Electricity Supply Board (ESB).Water Supply: There is an existing 3inch diameter public water main located in the local road L6091forming the western boundary of the proposed site. As part of the ongoing M9 Kilcullen to Powerstown Scheme, the L6091 is to be partly realigned and the water main upgraded to a 100mm diameter supply. It is proposed to make a connection to this water main to supply the service area with potable water.Consultations have been held with Kildare County Council in relation to this connection and preliminary agreement received.

51 The daily usage of water for restaurants, toilets and daily staff in the design year 2025 is expected to be approximately 38,800 litres per day. At year of opening, the daily water usage is expected to be approximately 30,500 litres per day.It is intended to incorporate an on site reservoir to provide water for fire fighting needs. The anticipated fire fighting requirements will be approximately 2,250 litres/minute for one hour, giving a total volume of 135,000 litres.The water supply for the site will also be designed in accordance with Part B (Fire Safety) Building Regulations Act. Foul Drainage. Mr.Crawford pointed out that there is no existing foul sewer network immediately adjacent to the M9 Kilcullen service area site. The existing foul sewer network at the Kilcullen business park offers sufficient capacity to facilitate the proposed service area. On site pre-treatment of the service area effluent will be required prior to pumping to this sewer via a rising main. Consultations have been held with Kildare County Council in relation to this connection and preliminary agreement received. The final level and method of on site pre-treatment is to be agreed with Kildare County Council but is likely to involve the installation of a conventional secondary treatment system on site. The system will treat collected wastewater from the service area to a sufficient level before being pumped via a rising main to the existing business park sewer.( A separate detailed brief of evidence outlining the waste water drainage design has been prepared for presentation at the oral hearing by Richard Kent.) Landscaping and Fencing. Full details of the Landscape and Visual Assessment and proposed mitigation measures for the project to be presented by Thomas Burns. Road LightingHe then detailed the areas throughout the scheme where this would be provided.He said the impact of this would be further dealt with by Mr.Burns. Details of the areas to be lit, and the standards of lighting that shall apply to each area are shown on drawing TJ-SARE-S09-PDR-01 6 of the Preliminary Design Report. Construction Stage Mr.Crawford said that construction works are currently planned to commence in 2009 and to last on a continuous basis for approximately 12-18 months, although the exact duration will be dictated by the contractor. Similarly, resource levels and construction traffic volumes shall be dependant on the requirements of the contractor. Traffic Management; All haulage of plant and materials to and from the

52 construction site will be made from the M9 motorway.Only construction traffic associated with the construction of the foul rising main and the water supply connection will be required to use the local road network. Construction traffic may only otherwise be permitted to access the site from the L6091 in exceptional circumstances and with prior approval of the Local Authority. In this case exceptional circumstances are defined as 'when access from the M9 is unavailable'.A construction management plan will be developed by the Contractor(s) prior to the commencement of work on site. The plan will be formulated in consultation with Kildare County Council, the National Roads Authority and An Garda Síochána. This plan will cover issues such as agreement of haul routes, relevant construction traffic management measures and monitoring measures.The plan will take cognisance of all road users particularly those who are vulnerable or impaired.Traffic management will also be required for the junction works to construct the service road access from the L6091. In addition, traffic management measures will be required for the construction of the foul water rising main from the site to the trunk sewer in Kilcullen approximately 4km north of the site. Diversions/Accommodation Works; Section 3.8 of the EIS outlines the utility and service requirements for the proposed service area. It is noted that the construction of the proposed service area will have minimal diversions or accommodation works on existing services or utilities. The most significant of these are outlined below:- Electricity Transmission Lines: Currently a 38kv line runs north south across the site. The line will be diverted overground to run close to the western boundary of the site so as to avoid the main body of the service area prior to commencement of works. Farm Utilities: Existing piped water system and electric fencing may be affected as part of the proposals. Where these issues arise the water supply and/or electricity fence will be replaced or new points of supply will be provided." That concluded Mr.Crawford`s evidence. 3.4.2 Response br Mr.E.Crawford to the Objections Received: Mr. Crawford said the first objection was from Mr. Damien Hughes and Associates on behalf of Antoinette Coughlan. The first extract from the objection is as follows:-

53 "The potential security issues which will result from the proposed development as it will be introducing a transformation in traffic and people using lands upon which the service station is proposed from both the M9 and local road network." The response to this objection is:-Local access to the service area shall be provided from the adjacent L6191 local road by means of a secure gate system to prevent unauthorised access to or egress from the service area. The secure gate system shall prevent public vehicular access to or egress from the service area by providing a simple but secure access and egress for service area staff. The secure gate system shall tie into the boundary security fencing such that pedestrian access shall be controlled by the same access arrangements as that for vehicular traffic. The perimeter fence will be a two metre high security fence which is designed to prevent anyone from scaling it. The security gate and fencing, coupled with CCTV coverage at the site and the presence of appropriately trained staff on site at all times will provide a significant deterrent to the service area being a source of criminal or anti-social behaviour in the local area The second extract from this objection is as follows: To prevent unauthorised use from the L6091 access, a controlled barrier system restricting access to staff and emergency vehicles only will be installed. We have examined the drawings relating to the layout of the proposed development and there is no reference to the location of any security barrier or security building to enforce unauthorised use of this access. The response is: Local access to the service area shall be provided from the adjacent L6091 local road by means of a secure gate system that prevents unauthorised access to or egress from the service area. The secure gate system shall be controlled by an electronic key card proximity system or similar which will prevent public vehicular access to or egress from the service area while providing a simple but secure access and egress for emergency vehicles and service area staff. The secure gate system shall tie into the boundary security fencing such that pedestrian access shall be controlled by the same access arrangements as for vehicular traffic. The final extract from this objection is: Furthermore, because of the close proximity of my client's property to the proposed development she will have to endure the constant issue of her

54 and her family's security which will be compromised by the transformation of the adjacent land use from agriculture to proposed motorway service area. The response is: The service area will be enclosed by a 2 metre high security fence,( see drawing TJSARES11PDR024), which will prevent any users of the service area from accessing the local area. Local access to the L6091 shall be controlled by means of a security gate which will prevent access to or egress from the service area by any unauthorised person or vehicle. In addition, CCTV cameras will be installed and there will be a full-time presence of appropriately trained staff. As the objections from Nagle Agricultural Consultants on behalf of Mr. William Cole, and Jordan Auctioneers on behalf of Mr. JJ O`Neill and Mr.David Snell had been withdrawn these were not read into the record of the oral hearing. Mr.Crawford said the next objection was from the Eastern Regional Fisheries Board and the extract is: Section 12, Water 12.3.1, Existing Water Quality - Referring to EPA data for 2007 and the unpolluted satisfactory (Q4) rating for this site. The response is: At the time of writing the EIS, the most recent EPA data to hand was used to assess water quality of the Kilcullen Stream. It is recognised that more recent data is now available and that indicates that the water quality for the Kilcullen Stream has improved in the period between the 2005 and 2007 readings. In response to the Inspector,Mr.McGuinness said there would be further evidence before the oral hearing in regard to that matter. . Mr.Crawford said the next objection was from the Crookstown Service Centre. The extract is:

55 The development plans are unsuitable to the chosen site and the general rural area mainly because of the vast land take proposed (32 acres) and huge size and expanse of the buildings. The site gradient is very severe especially when compared to the motorway level requiring vast tonnage of hardcore fill to build up both, resulting in an unrealistic costing. Similarly, site screening to accommodate noise, pollution and visual concerns of local residents will be extremely expensive. The response is - The lands to be acquired for the scheme, a total of 13.3 hectares are the minimum required for the service area. The service area is designed in accordance with NRA TA 70/08. The service area includes an amenity building offering a range of services, fuel facilities and parking for cars, coaches and heavy commercial vehicles. Furthermore, space is provided to separation of private cars and HCVs and there will be a Garda enforcement area incorporated within the service area. Land is also required to incorporate various environmental mitigation measures, to minimise the scheme's impact on the surrounding environment. As outlined in Section 11.7 of the preliminary design report, cut and fill quantities were calculated from the ground model incorporating the earth works outlines of the preliminary design. The anticipated ratio of cut versus fill material required for the construction of the proposed service area is quite favourable with the balance of the two quantities almost being achieved. This is outlined in table 11.3 of the preliminary design report. It is anticipated that the majority of the fill material required during construction will be sourced from within the site, significantly reducing the costs of importing fill material. A ranking system similar in nature to that outlined in the NRA Environmental Guidelines was developed to compare specific site

56 characteristics, as illustrated in section 2.6.6 of the EIS. The ranking system was then used to determine which of the potential sites best met the Technical and Environmental criteria. Resulting from this, the proposed site emerged as the most suitable site for a service area. Noise, pollution and visual concerns of the local residents were considered as part of this assessment. The next extract in this objection goes as follows: Environmentally, because of its remoteness, there are basically only two options to cater for the effluent needs of the site, either a huge on-site treatment and percolation system will be built or a long costly pipeline will have to link it to the nearest public sewage works at Kilcullen several miles away - both very costly and unrealistic. The response is: Due to the nature of service that a service area is to provide it is often necessary that they be positioned in remote areas removed from County Council services. It is proposed to provide a rising main connecting the M9 Kilcullen service area with a sewer network servicing the Kilcullen town. Mr.Crawford said that this would be dealt with further in Richard Kent's evidence.

Section 4.0 Questioning of Witnesses by the Objector`s The Inspector said that priority in questioning witnesses would be given to those who had made written objections to An Bord Pleanala and asked who was present representing :- Seamus O'Reilly, Crookstown Service Station, Eastern Regional Fisheries Board, Usk and District Residents Association, The Priory/Walls of Kilgowan,Sean O'Fearghail TD,& and the Department of Heritage and Local Government. 4.1.1 Mr. Pat Maher Questioned by Mr.Liam McGree Mr.McGree said he was a Planning Consultant and represented Seamus O'Reilly andTom Wall of The Priory. He asked “ Mr. Maher, are you aware that businesses along the M9 were given assurances regarding the

57 diversion of traffic from the M9 to existing services at the time when the M9 road scheme was put before the Board and when the EIS was prepared for that scheme in 2003?” Mr. Maher: “I was not aware that specific assurances were given to businesses along the M9 that traffic would be diverted towards them. I understand that certain commitments were given with regard to the provision of signage at junctions identifying services accessible from the different junctions on the route.” Mr. McGree : “ My clients, who are here today, will give evidence themselves tomorrow that they had consultations with the NRA and that they had spoken with the Local Authority and in each instance they were given to believe that there would be signage provided indicating the location of those existing services . Mr. Maher: “I understand that will still be the case, yes. Mr. McGree : In relation to the EIS ,Section 6.4.1 of the EIS, which was submitted back in 2003, relates to the diversion of traffic from the from the M9 scheme. It says:-"In overall terms, the impact on business and economic activity will be positive arising from the improved accessibility. However, existing business activities, such as filling stations,that depend significantly on passing trade are likely to be negatively affected because of the reduced levels of passing traffic. The impact is likely to be most significant on businesses located on the existing N9, though it may affect some businesses on the N78, also. These include petrol service stations, plant nurseries and restaurants. The impact on such businesses is likely to be greater where there is little local traffic and where they are located at a distance from proposed interchanges. At present, there are no proposals to provide service facilities along the scheme, so some traffic may be expected to divert from the new road to avail of local services. Again, I will just put it to you that was the position in 2003. I understand that position has changed, the NRA's policy in relation to the provision of services has changed. Mr. Maher : As you say, that was the position in 2003, when the EIS was compiled, yes. Mr. McGree : In relation to the existing businesses on the N9, which were recognised to some extent in the 2003 EIS -- and I submit they do not appear to be recognised at all in the current EIS -- would you have any idea what is the turnover of those existing businesses or would you have carried out any surveys of floor space or customer numbers to the existing

58 businesses on the N9? Mr. Maher: That is perhaps one question that I would defer to my colleague on the socio-economic side, but I would say that to my knowledge there were no detailed studies undertaken of the existing businesses. Ms. Ryan: Certainly, just to concur with what Pat Maher has said, there was not.We did not carry out any floor spacing surveys nor market surveys of existing businesses along the N9. That is just to confirm that. Mr. McGree : If there were no surveys carried out on existing businesses, well, then, I presume it is fair to say that you would not know at this point, or you would not have known when you were drafting your section of the EIS, what proportion of the trade conducted at those business locations would be attributable to passing traffic, as opposed to, say, local populations? Mr. Maher : In compiling the EIS for the present scheme, the default situation, or the base-line situation, is the position once the motorway is opened. The issue you raise regards the current situation regarding the balance of passing and local trade is one that pertains at present. That issue was fundamentally changed by virtue of the arrival of the motorway and has been fully assessed in the context of the previous EIS. The starting point for the current EIS is the situation where the motorway has opened and the further impacts associated with the provision of a service area have been assessed, not an assessment relating to the current situation where existing N9 is clearly still open in the area. Mr. McGree : I am conscious that we are tight on time and I do not want to get into a debate, I know I will have an opportunity tomorrow to make some points, but, I suppose, I would have an issue -- while we cannot reopen the assessment of the M9, I would have an issue in that the policy at the time when the M9 EIS was undertaken. We do not know what the turn-over of the existing business on the N9 is, we do not know what proportion of that proportion of that traffic is passing traffic. Again, I presume you do not know what the employment figures are for existing businesses on the N9 that depend to some extent on passing traffic, be they restaurants, service stations? Mr. Maher: No, I do not, but I would again preface my statement with, as I said previously, that that assessment had been undertaken as part of the previous EIS. Mr. McGree : The previous EIS did state and, again, I will quote from it,

59 that section that I outlined earlier, 6.4.1:-"At present, there are no proposals to provide service facilities along the scheme, so some traffic may be expected to divert from the new road to avail of local services."There was an expectation that some of the traffic would divert. Mr. Maher: There was, I suppose, a certain expectation at the time and, I suppose, that might have been reasonably founded.Experience, certainly, has been, on more recently opened sections of motorway, such as the M1, such as the M4, and the N 6, that in actual fact very little passing trade diverts back into the bypassed towns and villages. By and large, people only do so when there is an absolute necessity or an emergency. In overall terms, the amount of diversion is quite small. As I say, at the time it was not an unreasonable expectation that a certain proportion of people would do so, but,as I say, subsequently, the experience would be that that has been at the lower end of the scale. Mr. McGree : Okay, but that would be your experience -- I cannot find any reference to any figures in the EIS as to diversion rates on roads, be they in Ireland or elsewhere. Do you know if that is contained somewhere within the EIS? Mr. Maher : It is not actually contained within the EIS. There were traffic counts undertaken for some bypassed towns and villages, particularly on the M1. Mr. McGree : Would you accept, then, that maybe some existing businesses on the road, in reading the EIS, may have a difficulty in that they do not find their businesses anywhere recorded in the EIS, they do not find their employment levels or their turnover figures recorded anywhere. They do not find any projections as to the diversion rates for traffic on the N9 versus the M9. They find it very difficult to come to the same conclusion which you appear to have come to, which is that there will be no impact on existing businesses, and no mitigation measures are proposed. Mr. Maher : I did not say there would be no impact. What I did say is that the major impact that arises in relation to those businesses, predominantly and to a very great extent,arises from the bypassing of the existing businesses on the existing N9 by the new motorway, and that the incremental effect of the motorway service area is in fact, very small. The major issue is the bypassing of the businesses. Mr. McGree: You say that you would not accept my summary of your position that there would be no impact, but in reference to your submission which you made here today, point number 4 says -- page 9, "The principal

60 benefit of locating on-line as opposed to at junctions are as follows ..." Point number 4 says:-"On-line service areas do not directly compete with existing fuel and other retail facilities in the immediate locality." I suggest that we would need some evidence to that effect, which we do not have right now. It was accepted in 2003 that there would be some diversion of traffic from the M9. We are now accepting that -- I suppose, it is suggested that traffic will no longer divert onto the existing road to avail of existing services but would use the on-line services. There has to be some impact on existing businesses. Mr. Maher : The context of that point, point number 4, was as a comparison between the effects of an on-line and an off-line facility. The point that was being made was that an on-line facility did not compete directly with businesses along the bypassed route for local custom, on the basis that an on-line facility would be at too much of a remove to encourage potential local customers to travel to the motorway junction, along the motorway and come back, having conducted their business, by comparison with the situation of an off-line facility which could be located at a junction or close to a junction and would be far more attractive for local customers to travel to it by virtue of the fact that they would not have to travel down along the motorway and come back. That was the context and the point of point number 4. Mr. McGree: Just one last question for you,then, Mr. Maher. It is a mandatory requirement of all EIS's that alternatives to the proposal be considered. It is normal practice, indeed, it is best practice, that some consideration be given a do-nothing or do-minimum scenario. I put it to you that that has not been considered anywhere in the EIS and that appears to me to be a fundamental flaw with it, in that there is an assumption that the project will go ahead. There does not seem to be anywhere in the EIS any consideration of the status quo, the M9 being built as proposed without on-line services. Mr. Maher : I suppose the status quo has been the subject of some considerable media coverage over a number of years,most particularly since the opening of substantial lengths of new motorway, like the M1, the M4, M6, M7,M8. It is fair to say that there has been quite an outcry as to the absence of facilities on the various routes. It is a situation that the National Roads Authority was requested by the Department of Transport, it was requested during presentations to the Joint Oireachtas Committee on Transport, to reconsider its position with regard to the non-provision of

61 service areas. I think, in relation to the do-nothing, the do-nothing situation, simply, you could compare it to not providing roads. The motorway network, as we see it,will not be complete to the best international standards until such time as the requisite facilities are in place to accommodate the needs of road users. Mr. McGree : I understand what you are saying, but I would still put it to you that it is a mandatory requirement, it is a legal requirement that alternatives be considered in the EIS, including a do-nothing scenario, including alternatives other than your preferred solution, which is on-line services. Off-line services were not considered in any respect in the EIS as an alternative. No alternative locations other than on-line locations were considered. Similarly, the interchanges were not considered despite the fact that interchanges had been seen as a viable location for motorway services up until 2005/early 2006. They are identified in the Kildare County Development Plan as appropriate locations for motorway services. They were not considered. Mr. Maher : The option of providing service areas at interchanges or junctions had been considered over a period of time.The National Roads Authority did undertake a review of practice in this area, looking at what was considered to be best practice in various countries in continental Europe and in the UK, and, if you like, having considered best practice elsewhere, a policy decision was made not to provide service areas at junction locations but rather provide them at a location on-line which was seen to best service the needs of the travelling public. To that extent, the issue of off- line service areas or junction-located service areas was considered, as outlined in my brief, and was, on the basis of a policy decision, omitted for further consideration. Mr. McGree :By the time you sat down to draft the EIS, or your consultants sat down to draft the EIS, the decision had already been taken, that this was on-line services and there was no other alternative to be considered? Mr. Maher : The alternative of providing service areas at a junction location, a policy decision had been taken, that is correct. 4.1.2 Mr. Pat Maher was questioned as follows by Cllr. Mark Dalton(on behalf of Deputy Sean O'Fearghail.) Councillor Mark Dalton: “ I have a question to both Ms. Ryan and also the last speaker. In relation to policy, is it now the situation that the proposal is not compatible with the current County Development Plan? My understanding is that Section 3.1.4.3 of Policy NR8 envisages a service

62 station at the junction of Mullaghmast. I do not believe it is compatible, maybe you could answer that question, and then is it compatible with the Regional Guidelines for the GreaterDublin Area, and also with the National Spatial Strategy?” Mr. Maher : “I would defer to my colleague, Cliona Ryan, the planning expert.” Ms. Ryan : “Yes, it is deemed to be compliant with Regional Planning Guidelines and the County Development Plan, for the reasons set out in the EIS. In particular, you refer to the on-line location of a service area. The on-line location of a service area is not included within the County Development Plan, whilst interchanges are set out as potential locations for service areas. This service area happens to be on-line. Cllr. Dalton: “ Although the County Development Plan actually identified the location, a number of them on different motorways within the County, but specifically on the M9,Mullaghmast is actually named in the Development Plan” Ms. Ryan: “I accept that Mullaghmast is named in the Development Plan, but I would also point to the fact that whilst Mullaghmast is named, that is not where this service area is proposed to be located, this happens to be an on-line service area. The objective within the Development Plan for services at Mullaghmast does not preclude services at this Kilgowan location. Inspector: Can I just say to you, Councillor, that I have asked to have somebody from the Planning Section of Kildare County Council available to give evidence at this oral hearing. That will not happen until tomorrow. That question can be put again, if you so wish to do. Cllr.Dalton :Thank you, I have one other question, and I have questions for Ms. Ryan at a later stage. Just a question for Mr. Maher. Would it be correct to say that we are now in the third manifestation of policy. Originally, there was no policy in relation to the provision of service stations. Then there was a policy directing motorists to local providers or to villages or settlements.Then, subsequently, in 2006, we have the current policy. Would it be correct that the local service providers were working on the basis of the second policy manifestation and would it be fair to say that that put them at a serious disadvantage in relation to the change in policy that subsequently came about as part of this development? Mr. Maher : I think it is fair to acknowledge that NRA policy on this issue has evolved. I would not suggest that the NRA had no policy in relation to

63 service areas. Up until 2005, the position had been that there was an expectation that the private sector would step into the breach, avail of commercial opportunities and provide new service areas, generally at junction locations or close to junctions, to service the demands of road users on the evolving dual carriageway and motorway network. That did not happen, as things transpired, and subsequent to 2005/2006 there was certainly a change of policy. It would be incorrect, Councillor, to suggest that the NRA were directing motorists towards existing services or service providers. Certainly, there was a commitment given in the particular case of the oral hearing for the M9 Kilcullen to Carlow Scheme that signage would be provided indicating the availability of services off the main-line, so that if people needed or wished to avail of those facilities, that the signage would enable them to do so. I do not think that constitutes a policy of directing people towards particular businesses. The NRA policy, as I say, has certainly evolved ultimately towards the present position subsequent to our September 2006 Policy Statement, in which we identify the fact that the Authority was becoming involved in the identification of sites and the procurement of on-line service facilities, on the basis that the type of service areas that the Authority had hoped would transpire through private sector involvement had not, in fact, happened. In effect, it was left with no choice but to become involved in that way. As I say, that change of direction on the NRA came as a consequence of our Chief Executive's appearance Joint Oireachtas Committee on Transportation, and, indeed, following representations from the Department of Transport for us to reconsider our position as regards the provision of on-line service areas. 4.1.3 Mr.Pat Maher Questioned (per Mr.McGree) by Brian Harte,( Irish Petrol RetailersAssociation.) - “ The National Consumer Agency did a report last year on the petrol business which confirmed that it was a low-margin business. We are getting reports from our retailers that sales are in free-fall at the moment. Against that sort of background, how do you think you are going to finance this or interest investors in actually taking on the operation? With respect to the actual costing of it, what costs are you going to incur on this? What level are you going to take up the services to? Mr. Maher : The proposal in relation to the provision of these service areas, there are currently three service areas, two on the M1 (one near Balbriggan and one south of Dundalk) and one on the M4(just west of Enfield) which are out to tender. That is under a PPP form, Public Private Partnership form of tendering. That is ongoing through the tender process at the

64 moment. That model would involve the construction and the operation of the particular service areas by the one entity, by the one operator so it is basically designed, built, financed and operated. The second tranche, of which the M9 Kilcullen Scheme is one, is being procured through a slightly different mechanism. It would involve the construction under a design-and- build contract procured by the National Roads Authority; basically, involving the site development, construction of a bridge, slip roads, construction of car parking, the building of a services building, construction of tankage, etc, followed by a second operating concession which will operate for a concession period that will involve the completing the fit-out of the facilities and operating the concession for a period of fifteen years, approximately. Mr. Harte :“Have you taken any soundings with regard to investors in that context?” Mr. Maher :“We had a pre-qualification process for the first phase, for the first tranche, that goes back approximately two years. There was certainly extensive interest through the industry, with joint ventures between constructors, oil company operators, etc.We have gone out on a pre- qualification notice for constructors to build the second tranche of schemes.We have not yet advertised for the second phase; ie, the fit-out and operation stage - that will be coming over the next number of months and will be relevant to this particular scheme. Mr. Harte: . “In respect of the actual start dates and finish dates, are you on track with regard to the plans, with anything under the construction side and tendering side? What are those dates?” Mr. Maher : Pre-qualification notices were advertised in the various media in January. Pre-selection of the various submissions will be undertaken,pre- qualification based on the submissions received will be undertaken within the next month or so, shortlisting typically down to five. The tender process then will commence in quarter two of this year. We will await, obviously, An Bord Pleanála's decision in respect of this and the other schemes that are proposed as part of that second tranche. If we receive An Bord Pleanála approval, then the intention would be that the design-and-build tendering process will be complete by the end of this year, with anticipated construction through 2010, and with an opening date towards the end of 2010 being projected at the moment.” End of Questions by Mr.Harte 4.1.4 Mr. Pat Maher,Questioned by Mr. Seamus O`Reilly(Crookstown

65 Service Station) Mr. S. O'Reilly: Asked in relation to the assertion that motorway sites would have little or no impact on local services,how was this justified and specifically how did it impact on his service station. Mr. Maher responded saying - “the point I was making is that the major impact on your business and other similar businesses is the actual bypassing of the existing road by the new M9. What we have said is that the effect of an on-line facility, an on-line facility will draw its custom from road users on the M9 motorway rather than looking to target business from the adjoining area. In your case, we would consider that the major impact, by far the predominant impact, is the bypassing of your existing business by the new motorway, not the addition of a subsequent service area on that main line. Mr. S. O'Reilly : “Does that not amount to the same thing? I am lost on that answer, to be honest with you.” Mr. Maher :” From the point of view of the provision of the motorway services area, it is not. The starting point with regard to the assessment currently underway is it starts with the M9 effectively being in place, and that is a decision that was made going back to 2004,whenever the approval for that scheme happened. The extra over-effect of providing a service area on that section road, we have argued, is relatively small, on the basis that road users on the M9, by and large, will not tend to divert onto the old N9 to avail of facilities there, whether there is a service area there or not. That is the experience of other routes. The service area, when provided, however, will provide necessary facilities, enhance safety on the network and, as I say, provide badly needed services for those motorists and road users who, as we have stated, are not inclined to divert to any great or significant extent off the motorway. Mr. S. O'Reilly “I do not want to go into it because I want to make my own personal submission tomorrow or the next day, but my understanding at the oral hearing for the actual motorway in 2004, when I actually asked that question and in turn the Inspector asked your barrister or senior counsel at the time about the effects that it would have on services like my own, and what I was led to believe at that stage from the barrister at the time was that Mr. O'Reilly's business would not be affected any more or any less than any business up or down the country.As much as you are trying to answer me that question,the way I look at it, from 2010, when the road opens, is, regardless of whether it is the service station that is on it that you are

66 proposing, on the motorway, my business is going to be down 70%. When I put forward my appeal in 2004 at the oral hearing, that appeal kind of went out the window at that stage, because when the Inspector asked that question of your senior counsel at the time, the answer he got back was the policy was going to be services off-line, such as my own, that the only mitigating thing that they could do was to provide signage. Now, I find today the whole thing has changed, but I really do not want to get into that thing because I want to make a proper submission tomorrow. I just cannot understand the answer still.” Mr. Maher : “If you look at it, the service area facilities on the M9 will draw custom from along the length of the M9 and will not affect existing services within the local neighbourhood to any greater extent than they would affect services on the overall route. As I say, the experience elsewhere is that it is the bypassing of the motorway - now, I hear from your perspective you are saying, well, it does not matter to you whether it is the motorway or the service area, but I suppose the motorway was the subject of another oral hearing, I can only deal with the particular impact associated with the proposed service area on the M9 near Kilcullen. Mr. S. O'Reilly : “Okay.” The Inspector said he had a list of people who had indicated earlier,they wished to contribute and said he wanted, at this stage to, give everybody an opportunity to ask any questions of the three witnesses who had presented their briefs to the oral hearing . 4.2.1 Ms. Cliona Ryan, Questioned by Damien Hughes Mr. Hughes: “ When you were carrying out an assessment of this project, you concluded that the project would be consistent with the aspirations of the County Development Plan. Did you read the Kilcullen Local Area Plan? Ms. Ryan: “ The Kilcullen Local Area Plan was reviewed, however, the subject site lies outside the Kilcullen Plan area and the Kilcullen environs area. Therefore, the policies in that Plan do not apply to the subject lands. Mr. Hughes: “There was a major issue with sewage with regard to Kilcullen and Newbridge, and it has to do with the capacity of the Oberstown treatment plant. This project is proposing to pump sewage from its location some three miles or six kilometres into Kilcullen. Within the Kilcullen Local Area Plan, it states that - it is within Section 3.5, under Public Utilities, relating to waste water, water supplies and surface water. With particular reference to waste water, it says:- "Future development in Kilcullen would be premature pending the

67 upgrading of the Oberstown waste water treatment plant and the associated sewer network ..." It is a well-known fact locally within Kilcullen and Newbridge that Kildare County Council has been refusing permission for development in these towns on the basis that they are premature until the treatment plant is upgraded. Surely, it would be important for you to have checked this within the Kilcullen Plan, as it is materially related to the viability of the project. Ms. Ryan : “ To that, I would state that there are strategic considerations involved in all developments. However, I am specifically tasked with overviewing the planning and socio-economic context. In the context of the planning, there are statements in Development Plans as to infrastructure capacities. architecture heritage, archaeology, those factors are outside my remit in this, instance and I would ask you to direct that question to the relevant expert. The Kilcullen Local Area Plan, is not pertinent in this instance since the site lies outside of that Plan area and its environs. The Inspector intervened to say he had asked for the attendence of a Senior Planner and a Senior Engineer at the oral hearing and they could be questioned on the foregoing matters at the appropriate time.

4.1.5 Mr. Maher Questioned by Colin Carroll (for Antoinette Coughlan) Mr. Carroll : asked,given the usage of the proposed access which which was extremely close to his client's property, how would the security system operate? Mr. Maher : “ In relation to who might use the road, pedestrians and cyclists were specifically mentioned on the basis of the fact they would be expressly precluded from using the motorway. It is an alternative means for those who might wish to travel by alternative means to the service area, for employees. It is conceivable that employees could travel by road from the local area, there could be a certain number of car movements in and out of that each day.The security system envisaged is that,firstly, the service area will be enclosed within a secure fence. In order to ensure that any access does not constitute a weak point, in terms of that overall security, it will be a gated access, either by swipe card or key pad. In response to a further question by Mr.Carroll he said there would not be security personnel based there at the security gate but CCTV was envisaged. Mr. Crawford said there would be staff manning the site twenty-four hours a day and the

.

68 staff would be appropriately trained to deal with any security issues. End of Questioning of Mr.Maher by Mr.Carroll. 4.1.6 Mr. Maher Questioned by Ms.Marcella O`Reilly Ms.O`Reilly said she considered the time scale envisaged for the opening of the service area of eighteen months was unrealistic and asked if it would not be a good idea to leave the existing slip road available for access to the motorway pending the provision of funding and the opening of the new service area? Mr. Maher : said that when the motorway opens people, in an emergency or for whateverreason, can still come off at Kilcullen or Mullaghmast junctions On the time scales, that was eighteen months perhaps to two years. He did not think that overly optimistic. As the regards finance, the NRA is funded on an annual basis from the Department of Transport.With regard to the construction slip road he was not familiar with the exact geometry of this. But the likelihood was that the geometry was unlikely to meet the safety standards or the design standards of a permanent slip road for motorway traffic.In response to the Inspector,Mr.McGuinness confirmed that they would be in a position to comment further on this before the close of the oral hearing. 4.1.7 Mr. Maher Questioned by John O`Reilly (Crookstown Business Park) Mr.O`Reilly said he represented the fourteen businesses that are in the business park in Crookstown. He said all those people in the business park were depending on that slip road. He said it was 80% passing trade in that business at the moment and he would like to have more debate on that particular slip road (current haul road). Mr. Maher said he was not sure as to how the employees in Crookstown Business Park were dependent on a contractor's haul road. Mr. . O'Reilly said he was not talking of the present situation,but that when the new motorway was opened,the slip road would bring the cars going south, that they would have a choice to come into the businesses in Crookstown. After further exchanges the Inspector said that there was to be a further reply from the NRA on this matter and this had already been agreed. 4.2.2 Ms. Cliona Ryan Questioned by Mr.McGree Mr,McGree, referring to Ms.Ryan`s second submission,page four , third paragraph down viz " The EPA advice Notes on Current Practice in the preparation of Environmental Impact Statements suggest that the following

69 issues be examined under the heading 'Human Beings' ... " The first is Economic Activity and the question here is:- "Will the development stimulate additional development and/or reduce economic activity, and if either, what type, how much and where?" The second point is Social Consideration:-"Will the development change patterns and types of activity and land use?" Asked if that was a starting point when she came to scope the section that your firm was responsible for preparing? Ms.Ryan responded - “ it certainly was, in conjunction with other National Guidelines,Development Plans and Policies, as appropriate. Again, I would refer to earlier points made by my colleague, Pat Maher, that in the first instance to bear in mind is that the M9 motorway scheme is actually under construction at this present time and that the service area, even as it is intended to come on-stream at the moment, be constructed and be operational subsequent to the M9 itself opening, so land use patterns in the area will be changed fundamentally with the opening of that M9 motorway, and the customer base. These services are exclusively for the M9 motorway national road user. Mr. McGree: “Okay, but you would accept that economic activity has to be measured and you have got to assess whether or not the development will stimulate additional development and/or reduce economic activity, and what type of economic activity, how much and where. I think it was already conceded that there was no survey of existing businesses on the N9; they are not mapped anywhere in the EIS, they are not listed anywhere in the EIS. There is no detail of floor areas in those premises, no detail on turnover, no figures given as to the quantum of business that is resulting from passing traffic as opposed to local traffic, no information given on employment levels in those existing businesses. I just wonder how you might then come to the conclusion in your main submission, page 16, that " no mitigation measures are proposed in the absence of identified negative impacts", how you could reach the conclusion that there were no negative impacts and it was unnecessary to have mitigation measures, when the impact on existing businesses, to my mind, was never considered or never assessed? Ms.Ryan “ In the first instance, I would like to refer to your statement there to page 16 of my main submission. That brief of evidence relates to a section in the submitted Environmental Impact Statement entitled 'Planning Context', therefore, that chapter or section of the EIS reads entirely to the planning context of the site in terms of mitigation measures and it cannot be

70 interchanged with the following section of the EIS, which is the socio- economic effects or impacts. Again,I would emphasise that the M9 is what is going to change existing travel patterns in the area fundamentally and for good. In the second instance, I would submit that the assessment carried out as to potential economic effect of the development, given its constituent elements, is appropriate in this instance as presented in the Environmental Impact Statement submitted. Mr.McGree : You say that the M9 is what is going to determine patterns in the area ?” Ms.Ryan : “ Exactly.” Mr.McGree : “Exactly. Again, it is stated that a maximum of 3,471 vehicles per day might use the facilities that are proposed here. Do you have any figures or has there been any assessment done as to the proportion of those vehicles that might otherwise access local services in the absence of the scheme that is here proposed?Obviously, some people will divert off the motorway, people will run low on fuel, people will need to go to the toilet, people will need to rest or get something to eat, so I presume proportion of that 3,471 would have diverted off the motorway if on-line services were not available. Do you have or does anybody on your team have figures as how many might have and what level of economic activity that might have sustained? Mr.Maher : “ An assessment was undertaken, I understand, in relation to the M1 schemes, in which some traffic studies were undertaken as to the diversion at one or more locations on the M1 and we will look to make that survey available. I understand, in relationto the M1 scheme, service area scheme, in which the diversion of traffic off the M1 at one -- at least one, and perhaps more junctions, was undertaken. My recollection or understanding of that was that very limited diversion -- we are talking single figures, very low numbers -- diverted into bypassed villages.There was some diversion, but it was small. We can maybe look to make those figures available. Mr.McGree : “if we could get those figures, it would be a help. We have done our own analysis of some of the businesses along the route. We have not surveyed every business, three businesses, two restaurants and one service station, between the three of them they employ 91 people. The services that are proposed on-line on the motorway, it was given in evidence this morning, would support somewhere in the region of 30 to 40 jobs. We have got 90 jobs out there at the moment on the N9 that are supported by

71 passing traffic in the main, and the owners of those businesses, all of whom are here, three businesses, will tell you that 70% to 80% of their business is derived from passing traffic. We have got 90 jobs supported in the main by passing traffic. The economic viability of those three businesses has to be questioned if the on-line services are put in place. Mr.McGree continued asking Ms. Ryan - “In the County Development Plan you referred to a series of policies. One particular policy, NR8, contained in the County Development Plan refers to the fact that the Local Authority would support the provision of motor service areas at Kill, Mullaghmast and Mayfield interchanges.The Local Authority was, clearly, at the time of drafting their Development Plan, favouring the location of motorway services at those interchanges. Do you feel that there is any conflict between what the Local Authority are saying and what the EIS concludes? Ms. Ryan: “I do not feel that there is any conflict with the proposed location of the service area in relation to Transport Policy NR8. Just to contextualise that section, 3.1.4.3, of the current Development Plan which sets out the policy of Kildare County Council in relation to national roads, I would say that, equally, policy NR6 which states that the Council would "facilitate the adequate provision of motorway service stations at appropriate locations in the county" , that in view of NRA service area provision policy, design and layout guidelines that were outlined by Pat Maher and myself earlier today, that this on-line location for a service area is an appropriate location for such services. I would also like to draw your attention to earlier objectives in Chapter 3 of the Plan, of which those policies just mentioned form part -- it is entitled 'Physical Infrastructure Strategy' and sets county-wide policies and objectives in relation to different modes of transport. Section 3.1.3 includes objectives in relation to national roads and I would state that the provision of a service area at this location puts forward a number of those objectives, including to improve road safety for all road users and reduce fatalities/accidents on Kildare roads, it would improve the capacity of the road infrastructure within County Kildare in accordance with national/regional policy, and improve travelling times by managing traffic more efficiently.” Mr. McGree: “One question in clarification on that.If the Local Authority are supporting the establishment of services at Mullaghmast, I presume you would accept that if the services that are now proposed in this scheme went

72 ahead, that there is no way that services at the adjacent interchanges could in any way be supported or be viable. Confirmation of this schem would mean that the Local Authority's policy in relation to interchanges would have to be reviewed.” Ms. Ryan : “That is absolutely outside of my ability to answer. It would depend on site specific and development specific considerations, which would be entirely for the Local Authority to decide on. 4.2.3 Ms. Ryan Questioned by, Cllr.Dalton Cllr.Dalton “T he brief is in relation to socio-economic issues. It appears in your report that they are concentrated mainly on effects on major centres in the area I just note two things on that. One would be that obviously, there is a huge rural hinterland here, not just Usk, but the wider area there, the villages listed here, and the small towns, are Kilcullen, Narraghmore, Calverston, Brannockstown, and Dunlavin, County Wicklow. The village of is not mentioned. A huge proportion of the people mentioned by Mr. McGree are employed in that, would reside in that village and it does not seem to be included (population of some 350/400 people estimated by cllr.Dalton) Ms. Ryan : “In relation to the settlements actually identified by name within the drive time area, just to set the context for those, I will just repeat, if you do not mind, a portion of the brief just to set to context in which those settlements were identified:- "... the settlements considered were those identified as designated settlements via the settlement hierarchy of the relevant Local Authority area. The identified settlements are described using their role on that hierarchy and their positioning within the Retail Strategy of the relevant Local Authority area. It is noted that the ten-minute drive time area covers lands in Kildare and Wicklow." The settlements hierarchies of both Kildare and Wicklow were reviewed. The named settlements on those hierarchies that occurred within the ten- minute drive time area were identified within the drive time area and if they were mentioned in the Retail Strategies in either county, that information was also recorded. In this instance, Ballitore, it absolutely exists and it is on the maps that accompany the EIS, however, it did not figure on the higher levels of the hierarchy. That is the reason that it is not mentioned by name within that brief. Cllr.Dalton :“It would surprise those of us who live or represent the area, that that would be the case, because, for instance, Brannockstown

73 would have no great connection with the area in general, and the village of Ballitore has its own Local Area Plan, which Narraghmore would not or Calverstown. The other question I wanted to ask was in relation to the effect on that rural hinterland,as well, as to the effect on the economic life of that area.” Ms.Ryan: “To re-empasise the role of a services area, it is to service the travelling population on the national route-way to which that service area will be fundamentally, physically and functionally linked. Therefore, the effect on the wider hinterland, as it were, should be minimal in terms economic or community impact, as the service area will form an ancillary yet integral part of the M9 motorway at the Kilgowan location. Cllr.Dalton :” would beg to differ in relation to that, but we will deal with that tomorrow, hopefully. The other question I did want to ask in relation to it. I just want to know can you outline the manner in which you assessed the impact on existing businesses. Ms. Ryan: “ The effect on existing businesses is not addressed as a discrete section. The economic impact of the development was considered in respect of its commercial retail. Regard was had to the provisions of the Retail Planning Guidelines in terms of assessing retail development for shops associated with petrol stations, which was the closest Development Plan use match that we could find in terms of individual businesses that were not reviewed, and I would reiterate the point that existing businesses particularly along the existing N9 at locations mentioned here today, sit on a route-way that, essentially, its role is going to be replaced by the currently under construction M9 motorway on which this service area will sit. 4.2.4 Ms. Ryan Questioned by Mr. Damien Hughes.(for Ms.Coughlan) Mr. Hughes “Is Section 6, dealing purely with business or is it dealing with the community?” Ms. Ryan “It it is dealing with community and locality to gain an understanding of not only the subject site which currently exists as rural lands with no built development on them. A profile of this ten-minute drive time area was established using CSO figures in terms of the population within that ten minute drive time area,what are they employed at, what age group are they in, what type of profile do they display in terms of household formation rates, etc, to gain an understanding of how that community operates and of whom the constitute” Mr. Hughes: “Your opening paragraph refers to " human beings". It states

74 that they:- "... comprise the most important elements of the environment and in carrying out a development the principal concern is that people should experience no significant, unacceptable diminution in any aspect or aspects of their quality of life as a consequence of a construction and operational phases of the development. That is one of your opening paragraphs in Section 6 of that report. If I go to the concluding paragraph, you say the for the operational phase:- " The proposed development will not result in any adverse potential impacts on population, employment and community during operation. "That is your conclusion from your research? Ms. Ryan “That is the conclusion as stated in the EIS” Mr. Hughes : “Would you be familiar with my client's property in relation to project? Ms. Ryan : “I am aware of the location of the property.. Mr. Hughes : “Are you of the opinion that she will suffer no adverse impact as a result of this project? Ms. Ryan : “ I feel that there is a combination of factors that lead to quality of life issues, which will be covered appropriately by the various experts. Mr. Hughes : “ Well, economically. We will keep it simple, we will keep it within your remit. Economically, do you think that living in the shadow of this proposed development is going to have no adverse potential impact? That my client will suffer no depreciation in the value of her property as a result of this development? Ms.Ryan: “I am not a property surveyor nor valuer, I am not qualified to put a value on your client's property. The conclusions were drawn in the EIS and they are considered to be robust in the context of socio-economic effects, any potential socio-economic effects on that property due to the mitigation measures that are put in place alongside of this development. Outside of this scope, there are other experts who will read briefs of evidence on this.” The Inspector said he would stop the questioning of the witness at that point but would allow M.Hughes to continue his questions on this matter with the other relevant expert witnesses when they had given their briefs of evidence, 4.3.1 Mr. Ernie Crawford Questioned by Mr.McGree Mr. McGree : “Mr. Crawford, referring to your brief of evidence , the last paragraph on page 3:- "A policy decision was taken to adopt a strategy of providing two equitably spaced service areas on M9, one in the vicinity of Kilcullen, between the

75 Kilcullen interchange and Mullaghmast interchange." That was a policy decision that was taken -- I presume it is a decision that was taken by your client in this instance, the NRA? Mr. Crawford : “Our starting point was their policy document, which basically required a number of service areas distributed over the national road network, primarily the major inter-urban routes, they would be on-line and they would be, generally, at a 50-60km spacing. In consultation with the NRA,for the Dublin to Waterford route a decision was taken to go for two equally spaced service areas rather than just one service area serving 150km. Mr. McGree : “Is it fair to say that before you ever started you were told by your client, the NRA, you know, before you go away and start your site selection process you must consider that the site is to be located between the interchange at Kilcullen and the interchange at the Mullaghmast, and that the site will be on-line on the motorway?” Mr. Crawford : “No, I would not agree with all of that statement. We were driven by the NRA's policy document, which was that they were on- line and the target spacing was 50-60km. There were other factors that we used to arrive at the section of the M9 route between Kilcullen and Mullaghmast, and that was proximity of towns and, I suppose, in this case, the level of traffic. It was seen as preferential to have it on that section, north of the Mullaghmast interchange, to take account of the high levels of traffic on that section of the route. Going north towards the Kilcullen interchange, the decision to limit it to that point was probably on the grounds of the distance from there to the M50 junction, which I think is of the order of 40km or so. It was primarily the distance away from the M50 and traffic considerations on the route that made us go in on that section of the M9.” Mr. McGree : “ Is it fair to say that you were never asked to consider off-line solutions or that you did not, yourselves, consider off-line solutions in your site selection?” Mr. Crawford : “It was not part of our remit to consider off-line options.” Mr. McGree: “ In relation to page 5 of your brief of evidence, this just sets out in tabular form the distances between junctions -- and this relates back to the policy where it is generally recommended that services be provided every 50-60km, why was the junction at Mullaghmast located 54.6km from the M50,with the interchange that is under construction at present, that not considered in your site selection? Mr. Crawfoprd : “It did not, on the basis that if it was at the Mullaghmast

76 junction it would be an off-line service area and, therefore, that was not part of our considerations.” Mr. McGuiness then introduced his next witness Mr.J.Montgommery 3.5.1 Evidence of James Montgommery, Niall Montgomery and Partners, Architects. Buildings - Design and Layout Mr.Montgommery said that the Service Area Building chapter provides a description of the proposed service area building, along with the NRA requirements; architecture, design, sustainability and acceptable materials. I The NRA ,Advice Note TA 70/08, which gives guidance on facilities that should be provided in the main buildingstructure was adhered to. The NRA Advice Note TA 70/08 gives guidance on the facilities that should be provided in the amenity building structure.The guidance given in the above document form the starting point for developing the design of the service area building. The design, which developed over time, combined the knowledge and experience of the architects, consulting engineers, the NRA and other interested parties.Cognisance was taken of Action on Architecture 2002-2005 of the Government's current policy statement on architecture. All regulations in relation to the National Disability Guidance covered in 'Building for Everybody', published by the National Disability Authority (Chapter 3.1.) is one of the documents used as a guidance. In reference to "Categories of Design Life, Components or Assemblies: The design life, components and assemblies within the amenity building should be categorised as in BS 7543/1992, Table 2,Categories of Design Life, Components or Assemblies in Categories 1, 2 and 3."That gives the life span of various materials in the building. On the design, Mr.Montgommery said the proposed building provides approximately 1400 square metres of accommodation and service area that fulfills the NRA requirements for the provision of public facilities and was detailed in section 3.2 of his brief.He then dealt with the Function and Layout of the building and referred to the fact that size and layout was also covered in Mr. Crawford brief. Mr Montgommery continued referring to the Sustainability and Energy Performance and pointed out that a minimum of 10% of the building's energy requirements should come from renewable sources He concluded by reference to the materials, quality and standards which obtained. 4.4.1 Mr.Montgommery: Questioned by Mr.Damien Hughes: Mr.Hughes queried the lack of floor levels on the site layout drawing.

77 Mr.Montgommery : “ We have not gone into that sort of detail design at this stage.Are you talking in relation to the forecourt or the building in relation to the forecourt?” Mr. Hughes : “In relation to the existing ground level.” Mr. Montgommery : “ I cannot answer that question,but I would say one of the other experts would be able to do that.” Following further exchanges between the parties,in response to the Inspector,, Mr.Hughes confirmed he wished to know the height of the proposed building relative to his client's property. Mr. McGuiness intervened to say that evidence could be given by Mr.Crawford and it was agreed that this would be done at a later stage in the oral hearing. Mr. Hughess : “ You have, obviously, done no shadow study of your building on the site?” Mr. Montgommert : “ We have not at this stage, no.” Mr. Hughes : “When would you intend to do it?” Mr. Montgommery “I am not aware that it is going to have an impact on any adjoining property in the location that the building is in at the moment.” Mr. Hughes : “ If you have not done the study, how can you draw a conclusion?” Mr. Montgommery !“ That is just conjecture on my part.” Following further discussions between the parties during which Mr.Hughes pointed to the lack of scaled dimensions on the drawing submitted and also the admonition on Halcrow Barry's drawings that says "Do not scale. Use figure dimensions only. If in doubt, ask." The Inspecto r suggested to Mr.McGuiness that the relevant experts from the NRA would be made available to give the detail requested by Mr.Hughes at a later stage in the oral hearing.This was agreed. 3.6.1 Evidence of Mr. Francis Ryan, Halcrow Barry - Surface Water Drainage After his introduction, Mr.Ryan referred to Chapter 2 of his brief, entitled Surface Water Drainage:-He said that the drainage design followed the principles of Sustainable Drainage Systems.The SUDS system aims to limit the surface water runoff rates from developments to the previously existing greenfield rate and provides a series of treatment systems which combine to ensure that surface water run off entering the receiving watercourse is of high quality.He said the design was based on the modified rational method to accommodate ,without surcharge ,a once in five year rainfall event based on a maximum intensity of 50mm per hour.He detailed the Bodies consulted

78 during the preliminary design stage and then outlined the layout of the drainage to a stream at the south east corner and ultimately to the river Barrow.He then dealt with the forecourt area,detailing how accidental spillages and all run off would be contained to a closed pipe system,through a full retention light liquids seperator,hydrodynamic vortex seperator before discharge to an attenuation facility and constructed wetlands. He said the Amenity Buildings and area would discharge to a dedicated closed pipe system,storage tank,recycling facility before discharge to the wetlands.Carriageway and Parking area drainage was also detailed. Mr,Ryan then dealt with flow attenuation and storage pointing out that these would be regulated to minimise potential downstream flooding.He said no residual impacts were anticipated but pointed out that the surface water system would require regular maintenance.He then detailed the pollution control measures to be in corporate in the scheme.He said the outfall stream was located some 180m in a southerly direction from the site and would be accessed by a pipe parallel to the M9. from the attenuation area/wetlands.He then dealt with the construction stage.He said that one existing culvert on a slip road of the M9 may require to be lengthened and headwall replaced,but that no other rivers,streams were being crossed and consequently, no culverts are required as part of the development." There were no questions from the objectors for this witness The Inspector asked what safety aspects had been considered in conjunction with attenuation ponds if they were used.Mr Ryan said the constructed wetland will have fencing provided around it, and that is shown in the drawings. Whether or not a pond or an underground storage tank is used fo attenuation would be dealt with at detail design stage and would be dealt with,the objective would be to leave it for the decision of the design and build contractor. It is standard practice that if an open pond is to be used for attenuation, that it would be fenced. That is the standard practice on motorways. Mr. McGuness : said in relation to Mr. Hughes,who at an earlier stage, said he had not seen any drawing showing the route of the proposed sewer from the site into Kilcullen, for information, it is in the preliminary design report, and available for inspection at the oral hearing. Before taking evidence from witnesses on the second day the Inspector pointed out that three objections to the CPO had been withdrawn.The remaining objections and submissions were from - Seamus O'Reilly, Crookstown Services Station, (rep.by Liam McGree )

79 The Priory at Walls of Kilgowan, do. Antoinette Coughlan, ( represented by Damien Hughes & Associates and by Colin Carroll of Colin L. Carroll & Co. Solicitors, Gorey.) the Eastern Regional Fisheries Board, Usk and District Residents Association, Sean O'Fearghail TD Department of the Environment, Heritage and Local Government. It was confirmed that there was no one present at the oral hearing from the Eastern Regional Fisheries Board nor from the Department of the Environment, Heritage and Local Government.The Inspector said that as there was nobody present from either of those two organisations cognizance of their written submissions would be taken at the oral hearing. Mr. McGree also had Bill Forristal, Consulting Engineer to give evidence and had submitted a list of those wishing to make submissions in support of his client`s case at the oral hearing. Although they were not originally objectors, he would allow this. He asked that any of those people giving evidence would be brief and non-repetitive. Sean O'Fearghail was not present but was represented by cllr.Mark Dalton Usk and District Residents Association was represented by Martin Hayden The Inspector said that in the interest of fairness he would also allow a submission from John O'Reilly representing the Crookstown Business Park, and Marcella O'Reilly although no submission in writing in to the Board had been made by them. The Inspector then detailed questions for the information of Mr. McGuiness to which he would be seeking replies at an appropriate time during the oral hearing.(as these,together with the replies are detailed in the transcript and later in the oral hearing,they are not repeated here) .Mr. McGuiness indicated that a schedule of mitigation measures would be provided.He said they would deal with the questions arising when required.He introduced his next witness,Mr.Kent. 3.7.1 Evidence of Mr.Richard Kent,Halcrow Barry -Foul Drainage Richard Kent s aid his role in the project was as Waste Water Design Team Leader. He would describe the design methodology and the proposed solution for the collection, treatment and discharge of the waste water generated on the site of the M9 Service Area.He said “The closest water course to the proposed site is a stream culverting the M9 approximately 220m south from the southern border of the site. There is no existing foul sewer network immediately adjacent to the M9 Kilcullen Service Area site.

80 A 300mm diameter trunk sewer main exists approximately 4km north of the site, at the Kilcullen Business Park, just east of the Kilcullen interchange. This sewer offers sufficient capacity to facilitate the proposed service area. On site secondary treatment of the service area effluent will be required prior to pumping to this sewer via a rising main. Consultations have been held with Kildare County Council in relation to this connection and preliminary agreement received. An on-site treatment system will treat the collected wastewater from the service area using conventional secondary treatment prior to pumping via a 5.2km long rising main along the local road L6091, westward to the existing N9. The main would then follow the N9 northward, following the proposed realignment of the road at the Kilcullen interchange, before turning north eastward on the N78, crossing the M9 mainline via the interchange overbridge, and reaching the proposed point of connection. The final discharge from this sewer is the Osberstown Wastewater Treatment Plant. This plant has a capacity of 80,000 PE and Kildare County Council has issued a contract to expand this plant to 130,000 PE. He then detailed how the loading was determined and pointed out that the estimated total biological loading for the design year is 51,321 grams/day, which gives an equivalent design PE of 855, based on 60 grams of biological load per head/day. Based on a flow of 38,775 l/day, the concentration of the wastewater will be 1.326 g/l. This is significantly higher than the typical strength of domestic wastewater (300 mg/l) and it is therefore proposed to treat the wastewater on site to reduce this organic load. Treatment will be provided in line with any requirements of the Effluent Discharge Licence. To reduce the organic load to be discharged from the service area to the sewer, it is proposed to initially install a secondary treatment plant on site at Kilcullen which will reduce the biological load to 20mg/l. This is a higher level of treatment than originally described in the EIS and was arrived at after further consultation with Kildare County Council. This will reduce the organic loading of the wastewater to be pumped forward to the Kilcullen foul network and the Osberstown Waste Water Treatment Plant significantly. The estimated maximum organic loading from the service area following treatment in the design year 2025 will be 0.774 kg/d which is equivalent 13 PE based on organic load. The plant will be operated in accordance with the Performance Management System (PMS) for WWTP's which has been developed by the Water Services National Training Group.

81 On licensing, Mr.Kent said the waste water licence requirements are set out in the Local Government (Water Pollution) Acts, 1977 and 1990 and the Local Government (Water Pollution) Regulations, 1978 to 2001. This legislation requires that any premises discharging a trade effluent requires a licence issued by the relevant local authority. The required licence is issued under Section 16 of the main act, in respect of discharges to a public sewer. The discharge from the service area will be required to receive a licence in common with other commercial premises. Discussions have taken place with Kildare County Council who have confirmed that Osberstown is currently operating at its design capacity of 80,000PE. Kildare County Council has stated that with secondary treatment from the service area the addition 13PE biological loading at Osberstown can be accommodated. Once additional treatment capacity at Osberstown becomes available the Service Area treatment plant may reduce its treatment process to pre-treatment with a discharge standard of 300mg/l BOD. Kildare County Council has applied to the Environmental Protection Agency for a Waste Water Discharge Licenc for Osberstown, which has been accepted and is currently being assessed. On odour control he pointed out that “Wastewater treatment has the potential to generate process gases such as Hydrogen Sulphate, which cause unpleasant odours if not dealt with. All units installed for foul wastewater treatment on site at the Kilcullen Service Area will be covered and vented for odour control purposes. Passive odour control units will be located on top of the Wastewater Treatment process units and activated carbon or similar will be used to treat odorous air prior to ventilation. He then detailed the foul drainage alternatives considered in the course of the foul drainage design, and the reasons for rejecting discharge to ground or to the Kilcullen stream prior to chosing the preferred option as detailed. This concluded his submission In response to the Inspector,Mr.Kent detailed Tables 1 and 2 of his report and concluded giving loadings for the design year(2025) of “hydraulic load is 38.7 m3/day with an organic load BOD of 51.3 kg/day. After secondary treatment the hydraulic load again stays the same at 38.7 m3/day. The organic load BOD is 0.774 kg/d. 3.7.1(A) He then dealt with the submission from the Eastern Regional Fisheries Board submission. “Objection extract:In light of the existing deficiency within this system the projected load in already granted permissions of 20,000 PE in excess of the design capacity at the plant and

82 the intermittent discharge of poorly treated effluent from Osberstown Wastewater Treatment Plant to the we believe this development to be premature. In absence of a firm date for the commencement of the upgrade scheme, the Eastern Regional Fisheries Board will suggest that if permission is to be granted it should be done on the basis of a condition that occupancy will be dependent on full commissioning of the upgraded plant, i.e. only when additional capacity is available and projected effluent loads could be treated to an acceptable level at Osberstown Wastewater Treatment Plant with no threat of deterioration in biological quality in receiving water.” In his response, Mr.Kent said - “ Discussions have taken place with Kildare County Council, who have confirmed that Osberstown is currently operating at its design capacity of 80,000 per year. Kildare County Council has stated that with secondary treatment from the service area the additional 13 PE biological load at Osberstown can be accommodated. Once additional treatment capacity at Osberstown becomes available the service area treatment plant may reduce its treatment process to pre-treatment with a discharge standard at 300 mg/l BOD". Mr. McGuiness said he also had expert evidence on this from Kildare County Council and introduced Mr.John McGowan. 3.7.2 Evidence of Mr.John McGowan,Senior Engineer,Kildare County Council. Foul Drainage. Mr.John McGowan said his main areas of responsibility were the maintenance of the water and Sewage network, including the maintenance of Osberstown plant, and assessment of planning applications in relation to water services provision.He continued “ Osberstown Sewage Treatment Plant is the main treatment plant for the Upper Liffey Valley. It caters for the towns of Newbridge, Naas, Kilcullen, Kill, Johnstown Prosperous, Clane and Sallins. So the discharges we are discussing here today discharge through our sewer network.The discharges from this development will discharge through the network for Kilcullen and for treatment to the main treatment plant as Osberstown. It is fair to say that Osberstown Sewage Treatment Plant is currently operating at its nominal design capacity of 80,000 PE. Osberstown lies between Naas and Newbridge on the banks of the River Liffey. It would be , as the crow flies, about six or seven miles from Kilcullen.The catchment drainage, the Upper Liffey Valley catchment would the towns of Newbridge, Naas, Kilcullen. Submissions from the Fisheries Board refer to 20,000 PE extra granted

83 planning permission. We did an analysis of what is granted extra and it is 15,000 PE on top of what it is already using. The majority of that is residential development. In the current climate there was a low probability of this loading arriving in the near future and it should be noted that 20% of these permissions have conditions attached to them to do with phasing pending sewer upgrades in the network. These sewer upgrades in the network are scheduled to be done after the full upgrade of Osberstown. So 20% of the additional planning granted will not materialise until the full network is upgraded. For the past year Kildare County Council have employed consultants who are employed by us for the upgrade of the plant to its capacity of 130,000 population equivalent and for the past six months they have been giving us advice as process experts in the plant and they have indicated to us that there is currently 10% spare capacity through process efficiency in the current plant. Recent results show the reduction in suspended solids which had been in the region of 30 down to 11, phosphorous, which was over 2, less than 1.5, and BOD is less than 10. In fact, the results for the past six months have been well within the mandatory limits for BOD, suspended solids, COD and phosphorous. There have been no exceedances. By contract for the upgrade of the plant the time scale would be as follows: - Design and full tender documents: April 200 - Expected Department approval: September 2009 - Award of contract approximately 10 or 11 months later, August 2010. The upgrade of the plant is in two phases. The first phase we would expect to be complete by June 2011 and that will bring the nominal PE of the plant to greater than 100,000PE. Just to note that June 2011 is in and around the same time that this development will, give or take a few months, will come on stream. The full completion of the plant is September 2012 with 130,000 PE. The above targets are obviously dependent on Department and local authority funding. However, it should be noted that this scheme is in our top priority, currently recommended to be No. 1 priority of a total of 15 schemes in Kildare County Council's Water Service Investments Programme. As pointed out in evidence by the previous speaker, a current loading and without treatment the development will discharge a loading of 855 PE. We could not accommodate that at the present time and having discussions with the developers we are looking for secondary treatment down to secondary

84 standard, typically 20:30 standard, which would bring the PE loading (population equivalent) down to 13. 13 of a total of 80,000 is minimal, it is 0.016% loading in addition to what we have. And keep it in mind we will have identified another 80 additional spare capacity with process efficiencies. This loading does not cause any difficulty to us at the current time. Also, allowing of a development like this would be in line with current policy of Kildare County Counci stated at a council meeting in September 2006. When we were aware of reaching capacity that we were giving priority to developments that yielded long-term employment or, indeed, significant community gain. However, it was stated that this was not prescriptive and every planning application would be looked at on a case by case basis. The discharge from this would be subject to Section 16 licence under the Local Government Act and when the application comes before us Kildare County Council will then impose conditions in relation to volume of discharge and parameters appropriate at the time to the level of treatment available at the plant. However, the plant in its current working efficiencies and capacity and without the additional loading coming on us for different reasons, as I have stated, we are confident that we can take this reduced biological loading at the plant without any difficulty at the current time. 3,8.1 Evidence of Mr. Michael Kenny, Senior Planner Kildare Co.Co. Michael Kenny,said that the Environmental Impact Statement and the evidence given on the previous day outlined the national and regional policy background to the proposed development and he did not propose to revisit that. He continued- “The Kildare County Development Plan 2005-2011 is the relevant development plan for the subject area. The Plan sets out the broad development strategy for the county over the plan period and offers guidance to developers in framing development proposals and to the planning authority in assessing such proposals. The Plan is part of a hierarchy of plans and policy statements from the national down to the local level.The EIS and evidence given yesterday, including that by Ms. Ryan, refers to the relevant national, regional and local planning policies and objectives that are pertinent to the proposed development. This statement highlights the main policies of the County Development Plan considered relevant to the provision of the proposed Motorway Service Area. On Transport, the Kildare County Development Plan recognises the importance

85 of a well-planned and serviced national road network. Section 3.1.4.3 of the Development Plan recognises that 'the national road network primarily serves long and middle distance traffic passing through the county' and has an 'important role to play in the economic development of the county.' It is a stated a goal of the Development Plan, at section 3.1.2 'to promote all forms of transport in County Kildare and improve access, both within the county and to the county, by integrating land use planning with an integrated transport system based on sustainability, of resources and the development of additional transport infrastructure.' Under Section 3.1.4.6 of the Plan, as part of the National Roads Development Programme, it is an objective to carry out a number of specific tasks during the plan period. These include policy RP3 'To keep free from development the proposed line from the N9/N10 Kilcullen to Waterford scheme and to construct this section of the scheme to the county boundary. The County Development Plan clearly recognises the role of Motorway Service Areas as part of the national road network within the county. Section 3.1.4.3 states that it is a policy of the Council: - NR6 To facilitate the adequate provision of MotorwayService Stations at appropriate locations in the County. - NR8 To support the provision of Motor Service Areas generally at Kill, Mullaghmast and Mayfield (pages 42 and 43 of the Plan). The Development Plan is consistent with national and regional planning guidelines/policies in recognising the importance of the M9 as a strategic national route and supports the completion of this motorway. The M9 Dublin/Waterford scheme will also provide a transport artery at local level serving south Kildare and providing access to and from that part of the county to the capital city and to regional cities. The County Development Plan objectives regarding traffic safety include at Section 3.1.3: (1) To improve road safety for all road users and reduce fatalities/accidents on Kildare Roads. (3) To enable people, goods and services to reach their destination safely, economically and quickly and to improve access to services in rural parts of Kildare. Mr.Kenny continued pointing out- “the proposed service area is located in a rural area of County Kildare. Most of the county's rural areas (including

86 the subject site) are not covered by any statutory land use zoning provision. However, the use of lands in these areas is deemed to be primarily agricultural. Apart from housing development, there are other land uses which may be considered in the rural countryside and these uses will be treated on their merits having regard to the interests of amenity, the requirements of the bloodstock industry and the proper planning and sustainable development of the area.” Dealing with Development Control he said “ measures set out in the Development Plan that relate to the proposed development include: Section 15.2.5 of the Plan (Table 15.1) requires building lines to be set back a minimum of 91 metres from motorways. The service building meets this requirement. Section 15.10.3 of the Plan states that the Council 'recognises the more intensive role of petrol stations in recent times, and the expansion from merely fuel depots to the provision of a wide range of convenience and other goods and services'. This policy also states that 'where an associated shop is proposed, the application shall be considered in accordance with the Retail Planning Guidelines' published by the DoEHLG. The hearing has already heard evidence yesterday in this regard. Planning issues raised at Day 1 of Hearing - A number of issues had been raised at the oral hearing. a) The policies at section 3.1.4.3 of the County Development Plan in relation to service areas were discussed, principally: - NR6 To facilitate the adequate provision of Motorway Service Stations at appropriate locations in the County. - NR8 To support the provision of Motor Service Areas generally at Kill, Mullaghmast and Mayfield. He said that - “ The proposal to provide a service area at Kilgowan is not precluded by the Development Plan's reference at NR8 to a possible location at Mullaghmast. The "adequate provision" of such facilities should be at appropriate locations chosen in accordance, for example, with national policy, safety and proper planning and sustainable development. It is noted that the Development Plan would have been in preparation over a two year

87 period prior to 2005 and subsequently (while national policy may have changed) the general policy (NR6) in the Plan allows for the location of facilities to be identified following the adoption of the Plan. It is noted that there is no specific policy in relation to a service area on the M4 (the Dublin/ route), however this has been approved by An Bord Pleanala having regard to the provisions of the current County Plan. The Bord's reference in that case was 09.MA0002 b) Osberstown Treatment Works. Responded to already by Mr. McGowan. Conclusion “ The recent decision of An Bord Pleanala to approve the M4 Enfield Service Area in County Kildare and covered by the same County Development Plan is noted. In making its decision the Board had regard to - - The provisions of the Roads Act (as amended) - The nature and function of the motorway service area, and - The provisions of the current Kildare County Development Plan. The motorway service area proposed by the National Roads Authority at Kilgowan is also in accordance with the overall objective of the local authority as set out in the Kildare County Development Plan 2005-2011 which seeks "to facilitate the adequate provision of Motorway Service Stations at appropriate locations in the County". The proposed development is acceptable and in accordance with the proper planning and sustainable development of the area. 4.0 Continued - Questioning of Witnesses by Objectors 4.5.1 Mr.Kent & Mr.McGowan Questioned by Damien Hughes and Colin Carroll.(for Antoinette Coughlan). Damien Hughes. Asked when had the proposal for a second treatment been formulated. It was explained by Mr.Kent & Mr.McGowan that the plants proposed were the existing main treatment plant at Osberstown, and treatment to secondary level on site at Kilgowan.Pre-treatment on-site was in the original EIS.The treatment plant is in the northwest of the site. In the original EIS it was proposed to undertake pre-treatment down to 300 mg/l.After further discussions with Kildare County Council they were now proposing to install a secondary treatment at the same location down to 20 mg/l.This would

88 discharge via a pumped main to the Business Park in Kilcullen and the existing sewerage network to Oberstown.The PE would be reduced from 855PE to 13PE. Mr.McGowan Continued saying “ the main treatment plant at Osberstown has a nominal design capacity of 80,000 PE ( population equivalent), a nominal design would typically have a buffer of 10 or 15%. We are at our capacity as regards nominal design. We were conscious that the plant needed an upgrade and we adopted a policy of whatever spare capacity we had we would give priority to developments that yielded long term employment or significant community gain and we did not grant permission to large residential developments. Another reason for that is large residential developments were discharged at typically 300 BOD.This plant (at Kilgowan) has within its site a reduction of BOD levels down to 20, which is secondary treatment. As I said, with consultants on board to upgrade the plant we had now by means of results in the final effluent proven to ourselves that we are well within our statutory limits for BOD's, suspended solids and phosphorous and we are confident we can accommodate this development`s biological loading on the plant. Damien Hughes. Asked regarding a statement made that "Kildare County Council has issued a contract to expand this plant to 130,000 PE. Mr.McGowan responded that they were are progressing the upgrade through the normal process, traditional procurement design and construct process. They had consultants employed since January 2008, they are currently preparing full design and tender documents and he had outlined the time scale already in his submission.At the request of the Inspector he detailed these again - - Design and full tender documents ready by April 2009. - Expected Department approval September 2009 - Award of contract and commencement of works approximately August 2010 Upgrade is in two phases: Phase 1, which will yield over 100,000 PE capacity, expected date June 2011. And Phase 2 would be September 2012. to the maximum capacity of 130,000PE. In response to Mr.Hughes,Mr.McGowan said said they did not encourage developers to install such plants in residential areas because there were issues of maintenance, there were issues of waters, there are issues of having it near residential developments. Mr.Hughes “ Asked how the proposed plant would affect residents immediately next door to the proposed service area?”

89 Mr.Kent responded that at the design stage, at the contract stage obviously odour and noise issues would be considered and, the relevant regulations of the Prevention of Odour and Noise Regulations, 2005 incorporated within the contract documents.In response to Colin Carroll, ( Solicitor for Antoinette Coughlan.) Mr.Kent “Said there will be passive odour control units which will be located on all of the wastewater treatment units and activated carbon or similar units will be actually installed to treat odours prior to ventilation to air. At detailed design stage and at contract document stage there would be parameters put within a contract document which would put limits on odours from the plant.This is normally monitored as part of the performance management system which was stated in my brief and it is monitored at the boundary location of the site.It is normally olfactometry monitoring which is done as mobile monitoring exercise. on a monthly basis.” 4.5.2 Mr.Kent & Mr.McGowan Questioned by the Inspector In response to questions by the Inspector,Mr.Kent confirmed that the Secondary Treatment,on which he gave certain options to be considered, would produce to Royal Commission, 20;30 Standard and that there was sufficient lands within the CPO to accommodate the proposed works.With regard to the proposed pumping main,there would be 24 hour storage on- site,duty&standby pumps , generator and telemetry provided.Provision would be made ,in the event of failure lasting more than 24hr, for tankering off-site. This was not detailed now but would be detailed at the design stage. Those risks would be obviously be considered and written within the contract. 4.6.1 Mr.Kenny Questioned by Mr.McGree Mr.McGree aked the following questions - (1)“Referring to your written submission on pages 3 and 4 to two specific policies in the Kildare County Development Plan, these are policies NR6 and NR8. NR6 I would suggest is quite a general policy and NR8 is more specific. But just in clarification of that policy, could you confirm that NR8 actually states that " it is the policy of the local authority to support the provision of motorway service areas generally at Kill, Mullaghmast and Mayfield interchanges"? I think there is a word missing there on both pages 3 and 4. So the plan does refer specifically to the interchanges and not to general locations but to specific locations. (2) If this proposal was coming from the private sector, if it was a planning application being brought forward in the normal way would you, Mr.

90 Kenny, and would the planning authority consider that the development of such a large facility, a shop, tourist information, restaurant, fuel services and associated car parking, interchanges, that that development might constitute a material contravention of the Development Plan and would have to be dealt with under the material contravention procedures as set out in the legislation? (3) If this scheme is to be approved and if the development goes ahead would the development mean that the achievement of the policy as set out at NR8 in the County Development Plan, in the current Kildare County Development Plan, that the achievement of that policy would be impossible, that it would not be possible or would not be appropriate for the planning authority or anybody else to consider?It is highly unlikely, if not entirely impossible, to achieve the stated Development Plan policy in relation to the provision of motorway services at the Mullaghmast interchange, which is only 2km away? So, basically, the point is if this goes ahead you will fail to achieve stated objectives in the Development Plan. (4) Would you, as the Senior Planner for Kildare County Council, in the normal course of assessment of the development proposals in the EIS consider it appropriate that there has been no consideration of any alternatives to the online solution and an online solution on a very well defined and short stretch of road between two interchanges? The parameters were set from the outset, no other alternatives were considered. Secondly in relation to the EIS, again would you consider it appropriate that a proposal of this magnitude, proposing restaurant facilities, service station facilities, hasn't considered anywhere in the EIS the impact that the proposed development might have on existing restaurants and existing service areas within the vicinity of the site? In response Mr.Kenny , said that in his submission. NR8, there is a missing word at the end of that sentence, after the word "Mayfield" it should read "interchanges". In relation to public versus private sector material contravention, the proposal -- there is an overall objective in the Development Plan to support the provision of adequate motorway service stations throughout the county, there are policies in the plan in relation to this and to other planning matters and planning applications are dealt with on a case by case basis and a decision would have to be made - whether it is a public or a private proposal. “If the development was approved would I concede that it would be

91 impossible achieve the objective? These are matters that are outside my ken. A proposal is being put to the Planning Appeals Board for consent, the consent may not be given in the first place. If it is given the proposal may not go ahead. These are matters for the development industry, whether it is the NRA and anyone building or whether it is a private sector investor acquiring land, developing land elsewhere in the county. Regarding the EIS, the EIS has been presented, as far as I am concerned, to the approving authority, An Bord Pleanála, to decide on sufficiency or not of information. The County Council is not the consenting authority in this case so we are not asked to approve or refuse, shall we say, planning permissionfor this development so I don't propose to answer that question.” Mr.McGree asked “Would you consider this particular proposal, such a large scale proposal in an unserviced undesignated site in the open country side, alongside a motorway, including commercial, tourism car parking facilities, service station facilities, to constitute a material contravention? I know you referred to policy NR6, which supports the provision of services generally, but do you not think that maybe it might conflict with policy NR8, which lists specific locations where these services might be provided? Your submission refers to the M4 and Enfield but there was no location specified in the County Development Plan in the Enfield area which was conflicted or contradicted by the proposal in that instance. In this instance we do have a reference in the Development Plan to a specific location for the provision of services and this is not that location?” Mr. McGuinness intervened to point out that: “This question raises a legal issue and it is premised, with respect to Mr. McGree, on a misunderstanding of the legal position. It is not in the authority of a private developer to apply for planning permission either to the council or An Bord Pleanála to put any sort of service area on a motorway because that is defined as a road development under Part 4 of the Roads Act, 1994 (as amended) and only a local authority,in the case of certain roads,or the National Roads Authority, in relation to national roads and motorways in particular, can propose a road scheme or development consisting of a road scheme as defined. So the question is premised and the material contravention question is also premised on something that can't happen as a matter of law. A private person cannot apply to put a service scheme on a motorway.” Mr.McGree “If I could rephrase the question by just asking is it contrary to the policy as stated in the Development Plan?” Mr.Kenny. Responded by referring to the last paragraph of his submissiom,

92 "the motorway service area proposed by the NRA is also in accordance with the overall objective of the local authority as set out in the Kildare Development Plan which seeks to facilitate the added provision of motorway service stations at appropriate locations in the county". 4.6.2 Mr.Kenny Questioned by Mr.Hughes Mr.Hughes ; Referred to the final sentence in Mr.Kenny`s submission that "the proposed development is acceptable and in accordance with the proper planning and sustainable development of the area", and asked “ isn't that in effect giving positive consideration by Kildare County Council for this development, recommending that permission be given to An Bord Pleanála?” Mr.Kenny “The proposed development is acceptable within the context of the Development Plan objective to facilitate the adequate provision of motorway service stations and also other policies of the council to facilitate the development of the national road network connecting Dublin to the other parts of Ireland and, also, to facilitate sub-regional traffic on the motorway system and, also, other policies of the council that I identified in relation to traffic safety and, I think which was referred to yesterday, in relation to, for example, driver tiredness. So, the proposal, as I said, is acceptable and it appears to us to be in accordance with the proper planning and sustainable development of the area. In response to Mr.Hughes who queried the scale of the drawings submitted and the level of detail shown, Mr.Kenny, responded that the application had not been made to Kildare County Council, but to An Bord Pleanála. It was for the Inspector and the Board to decide on the adequacy or not of the submitted documentation. Mr.Hughes queried if Kildare County Council expected to get development levies from this project and Mr.Kenny responded he could not answer that, he was not an expert in the development levies. Mr.Hughes asked with regard to the CountyPlan, page 246 , Section 15.9 that " any industrial or commercial development should not be injurious to the residential amenity of adjoining properties" , “do you think that this project complies with that objective of the County Mr.Kenny pointed out that the consenting authority in this case was An Bord Pleanála. Mr.Hughes : Referred to the Kilcullen Local Area Plan,an objective within the Plan that states that " future development in Kilcullen will be premature until Osberstown and the associated sewerage network

93 catchment is upgraded" - and asked Mr.Kenny for his observations Mr.Kenny pointed out that in his evidence, Mr. McGowan had already outlined the priorities in relation to Osberstown and how these would be dealt with. 3.9.1 Evidence of Kieran O`Dwyer,Halcrow Barry Soils,Geology and Hydrogeology Kieran O'Dwyer circulated his written brief to those present and this together with his oral evidence forms part of the record of the oral hearing.He dealt with sources of information which were used in compiling this section.He detailed the methodology used. He described the geology and soils of the area,dealing firstly with the rock encountered in the drilling. He said that soils information was obtained from examination of the EPA mapping, previous site investigations undertaken along the N9/N10 Kilcullen to Waterford Contract 1, Kilcullen to Powerstown and from a ground investigation which was undertaken on the Kilcullen site in September 2008.He detailed these. Ground conditions encountered during the ground investigations comprised interbedded soft to stiff brown slightly sandy slightly gravelly silt/clay with some rounded to sub rounded cobbles and loose to dense grey brownish grey silty sandy gravel. Brownish grey slightly silty sand and gravel with many sub rounded cobbles and some sub rounded boulders, up to 400mm long were encountered in the trial pits. Orange brown grey gravelly silty sand was also found in some of the trial pits with sub angular to sub rounded cobbles and some boulders, up to 1000mm long were also encountered in the trial pits. Dealing with the “ Economic Geology” he said there were five mineral localities identified on the GSI website, two are north of Halverstown and three are to the south near Dalkinstown and Baronsland. There are two active quarries, again one to the north near Halverstown approximately 750m from the site and one to the south near Baronsland, approximately 1.5km from the site. On “Hydrogeology” dealing with aquifer classification he pointed out that the underlying bedrock aquifer has been mapped by the Geological Survey of Ireland as a poor aquifer (Figure13.4 in the EIS) with the underlying bedrock described as being generally unproductive. The overburden deposits are classified as a locally important gravel aquifer by the GSI.

94 He said the GSI have classified the vulnerability of the aquifer underlying the proposed development as "High". He pointed out that the area in the vicinity of the proposed development is served by mains water.He detailed groundwater investigations carried out. by them on site which led to the conclusion that the public water supply represents the preferred option. However a well could be developed for nonpotable uses. A groundwater sample was collected at the end of the pumping test and forwarded for testing. The analytical results indicate that the chemical quality of the groundwater does not meet the drinking water regulations. Potential Impacts Mr.O`Dwyer pointed out that the proposed service area will comprise a filling station with underground storage tanks, car park, amenity areas, convenience store and food outlet.The preferred water supply option is to connect to the piped water supply. An on-site wastewater treatment system will be constructed to treat the wastewater generated. There will be no discharge of treated effluent to ground. The effluent will be piped off site to a local authority treatment plant. Wastewater treatment system details are contained in Section 3.10 of the EIS and detailed further at the oral hearing.. The surfacewater drainage system will comply with SUDS guidelines and recommendations. Details of the drainage proposals are contained in Section 3.9 of the EIS. He concluded that the potential impacts on the groundwater environment were - - Groundwater Pollution; there is no impact on groundwater anticipated. - Reduction in recharge area; the proposed site is located in a rural setting and consequently the reduction in the recharge area as a result of the construction of the proposed paved area will be very small in comparison to the total recharge area to the aquifer. - Alteration in groundwater flow pattern; it is proposed to provide for the needs of the proposed service area by connecting to the public water mains. Should the groundwater supply option be selected , it would have no noticeable effect on the yields of nearby domestic wells. Mitigation Measures - Hydrogeology There are no discharges to the groundwater environment as part of the operation of the proposed development.An assessment of the impacts on nearby surface waters is contained in Chapters 11 and 12 of the EIS. The vulnerability of the underlying aquifer is high and consequently principal

95 risk of impact is on the groundwater quality. The mitigation measures described are those which are implemented to prevent accidental spillages and leakage from occurring.For surface water runoff are directed at:- - Prevention of accidental spillages and leaks, and Prevention ofaccess to the pathway to groundwater environment. The surface water runoff system will be designed to collect and contain all runoff from the forecourt roads and car parks (full details are contained in Section 3.9 and Chapter 12). The collected runoff will be directed through interceptors prior to discharging to a nearby surface water course. Therefore runoff from the proposed service area poses little or no risk of negatively impacting on groundwater or well supplies. Dealing with “accidental leaks and spillages of stored hydrocarbons and chemicals”he said the fuel station facilities will be designed, constructed, tested, commissioned, operated and maintained in all respects in accordance with internationally accepted norms.The details of the design of the storage tanks and pipework are contained in Section 3.7, they would comprise:- - Underground Storage; The fuel storage tanks will be underground double-skinned steel tanks. - Overfill Protection; Overfilling of tanks is prevented by an overfill protection installation. The overfill protector will allow a maximum fill of 97% of the tank capacity. It will be provided with an alarm facility for the operator and a bypass drain so that the hoses can be emptied. The alarm function will be controlled by the tank contents gauge system and will sound an audible alarm at a fill of 95%. - Leak Monitoring System; The double-skinned tanks will be equipped with leak-monitoring devices. The device detects changes in the level of the monitoring fluid and this measures any leak in the inner or outer shell of the tank. Changes are indicated by way of a visible and audible alarm. - Pipe work; A specialist petroleum pipeline company will undertake the final design, construction and installation of the petroleum pipelines. He said there were no residual impacts anticipated. Construction Impacts and Mitigation Measures Finally on construction impacts he dealt with temporary haul roads and restoration of the land following these,the need to minimise the exportation and importation of materials and the disposal of all unsuitable material from the site. 3.9.1 (A) Objection from the Eastern Regional Fisheries Board In relation to the objection received from the Eastern Regional Fisheries

96 Board,the objection extract: “Section 13 Soils, Geology and Hydrogeology, discusses the possible abstraction 38 m3/d from boreholes and concludes that the "proposed abstraction will are no noticeable effect on the yield of nearby wells" however no assessment was made on the likely impact of such an abstraction on surface waters. Mr.O`Dwyer responded that “the water supply to the proposed development will be mains water from the public supply. Consequently it is not proposed to abstract groundwater and therefore will be no impact on the nearby surface waters. There were no questions from the objectors for this witness. 3.10.1 Evidence of Mr. Peter Heffernan, Safety Engineering & Environmental Consultants Ltd. Mr. Peter Heffernan circulated his written brief to those present and this together with his oral evidence forms part of the record of the oral hearing.He dealt firstly with the Legislation governing the Design, Construction and Operation of a Retail Fuelling Facility in Ireland.He pointed out that the proposed operator of a Retail Fuelling Facility is required to make application to the relevant local authority for a licence to operate the facility. He then, with reference to fig.1 of his written brief, the typical outline of a Retail Fuelling Facility, showing the car retail area, the HCV retail area and the location of the tank farm and Figure 1A of his brief, a cross-section through a fuelling facility. showing the underground tanks, pump and indicating the pipework going from the pump or the dispenses to the underground tanks,the vents coming from the tank, and the points from.where the tank would be filled - dealt with the performance requirements of the elements of the fuelling system and detailed the various elements under - - Underground Tanks - Dispensing Pumps - Tanker Delivery Area to be dealt with and the other areas to be considered. - - Forecourt,Tanks Farm and Delivery Area surfacing specifications - Training and Instruction of Employees - Rules to be observed at Retail Fuelling Facilities He said that the: "Design, Construction, Modification, Maintenance and Decommissioning of Filling Stations" published by the Association for Petroleum and Explosives Administration (APEA) and the Energy Institute,

97 London. (Blue Book 2nd edition March 2005) provides guidance on the following areas in the design and operation of a Retail Fuelling Facility: - Containment Systems - Dispensers and Control Equipment - Vapour Collection Systems - Leak Containment and Leak detection Systems - Drainage systems - Electrical Installations. He dealt with the - Risks Associated With the Operation of a Retail Fuelling Facility. 1.Fire and Explosion. 2.Damage to the Environment 3.Health Hazards Key Controls to Prevent the Accidental/Uncontrolled Release of Product at a Retail Fuelling Facility. 1.Underground Storage Tanks (fig.2) 2. Odour control: 3. Underground Pipework ( fig. 4) 4.Vapour Recovery System ( fig. 5) 5.Testing of the Underground Storage 6. Dispensing Equipment (fig. 6) 7. Leak Containment and Leak Detection Systems (fig. 7) 8. Wet Stock Management (fig. 8) 9. Hazardous Zones (fig. 9) 10. Operating A Retail Fuelling Facility 11. Emergency Procedures 12. Fire Fighting Equipment Requirements at a Retail 13. Safety Statement Conclusions If the foregoing were complied with Mr.Heffernan said the Retail Fuelling Facilities would then be designed, constructed and operated in a safe manner with no danger to people or the environment. It is a combination of the use of the correctly specified equipment which is properly operated and maintained, adequately trained and competent staff and proper site operating and emergency procedures. In preparing the Facility Safety Statement all hazards are identified and risks determined and the required controls are identified and put in place as part of the operating

98 procedures and reviewed on a regular basis or when changes take place. The Safety Statement will ensure that the site is operated in a safe manner. Parking for ADR Vehicles at the Facility The ADR is the European Agreement concerning the International Carriage of Dangerous Goods by Road. This consists of two volumes, Volume 1 & 2. The transport of Dangerous goods in Ireland is covered by the Carriage of Dangerous Goods by Road Act, 1998,and SI. No 288 of 2007, Carriage of Dangerous Goods by Road Regulations 2007. Part 2 of SI 288 Clause 7 states that "dangerous goods shall not be supplied for carriage by road and shall not be carried by road unless their carriage is permitted by the ADR and accords with the Annexes". This means that all dangerous goods transported on the must comply with the requirements of the ADR European Agreement. In order to legally travel on Irish roads, all vehicles carrying hazardous materials are subject to an annual technical inspection in order to obtain a "Certificate of Approval for Vehicles Carrying Certain Dangerous Goods". Vehicles thus certified are permitted to travel on public roads without restriction. Vehicles to meet the key requirements of the ADR must have a. Marking and Labelling of vehicles. b. Specified Documentation. c. Requirements for construction and testing of tanks, vehicles and packaging for Dangerous goods. d. Provisions concerning the carriage, loading, unloading and handling e. Requirements concerning the training of the vehicle crews f. Requirements concerning the supervision of vehicles g. Requirements concerning the construction of vehicles. h. Requirements for emergency procedures. Vehicles in Parking Facilities Proposals for Accommodating ADR Vehicles in the Kilcullen Service Area. It is proposed that specific provision will be made for a number of HGV parking spaces in each side of the facility dedicated to ADR vehicles. These parking spaces will be clearly marked as being for ADR vehicles only and sign posted clearly within the service area. The parking spaces in question will be separate from the normal HGV spaces; each ADR parking bay will be isolated from the adjacent bay by means of a concrete barrier so as to

99 avoid the possibility of damage from other vehicles. In addition, the entire car park is subject to CCTV coverage. Mr.Heffernan concluded by detailing the various controls to be provided at the facility. 1. Controls in Place to Prevent an Incident Involving an ADR Vehicles on the Facility - Vehicles are tested and certified in accordance with ADR requirements. - Drivers are fully trained in emergency procedures. - Emergency equipment on board the vehicle. - Vehicles must be supervised at all times. 2. Controls at the Facility The road system at the facility is one way and the ADR parking areas will be separated from the pedestrian traffic. Furthermore, the provision of segregated bays will ensure there is a low risk of an impact from othet vehicles. 3. Control Measures in Place In The Event Of an Incident - All drainage in the area of the HGV parking, including ADR parking, will drain to an interceptor. - After the interceptor, the drainage goes into underground storage and attenuation with a valve at the outlet. In the event of an emergency this valve will be closed as part of the site emergency procedures. - The operator of the facility will complete their own risk assessment and put in place procedures for dealing with an emergency. - Each vehicle will have its own Fire Fighting Equipment on board and Spill kit. - Local Authority Emergency Services will be contacted. - Local Authority Emergency procedures will be put in place. In response to the Inspector,Mr.McGuinness confirmed that the drawings at present did not distinguish between the HGV and ADR spaces.He confirmed that the HGV location was at the furthest point on site from the nearest residents. There were no further questions for this witness. 3.11.1 Evidence of Mr. Martin Deegan,Halcrow Barry - Traffic Mr.Deegan circulated his written brief to those present and this together with his oral evidence forms part of the record of the oral hearing. He said that the main purpose of the Traffic Chapter is to consider and assess the traffic and transport implications of locating the proposed service

100 area on the M9, 4.5km south of Kilcullen. The assessment would focus on the impact of the proposed development on the surrounding road network and detail the traffic and highway considerations of the development proposals. He then detailed with the Methodology to be applied and said firstly, the aim is to identify the likely impacts on the surrounding road network resulting from the opening of the proposed Service area, both in the year of opening and in the design year and secondly, the study sought to identify suitable mitigation measures which are deemed necessary from a traffic and transportation viewpoint during the construction and operation of the service area. He then dealt with the site location and the surrounding road network.In relation to the M9 Motorway he gave the following traffic predictions - - The year of opening 2010 AADT of 22,353 with a HCV content of 12.5% - The design year horizon of 2025 with an AADT of 28,928 with a HCV content of 13.0%. Dealing with the Local Road Network (L6091)he pointed out that the service road access will be provided at a section of this local road where the vertical and horizontal alignments provide adequate visibility for approaching traffic. Visibility of 90m from the access shall be provided along the local road, in accordance with a local road design speed of 60kph. The junction has been designed to the standards of the NRA DMRB (Design Manual for Roads and Bridges) TD 41.The junction has been designed with “Y” distance of 90m, meaning that a vehicle stopped at the minor road yield line has 90m visibility along the local road to both sides. The 90m requirement is compliant with a local road design speed of 60kph. The design speed of 60kph for this local road was determined under the M9 mainline project. According to the TD9 the design speed of a road is variable depending on physical aspects of the road, including horizontal alignment, cross section, visibility and degree of access.The proposed access junction to the service area is positioned to the outside of a relatively large radius curve on a fairly straight section of the existing local road. It is positioned 90m south of an L-shape bend on the existing local road, so that the approximate 90m visibility is fully provided when looking right from the junction. It is noted that vehicles coming around the L-shaped bend and approaching the new access from the north are likely to be travelling very slowly and the 60kph design speed is therefore generous at this location. Visibility to the left from the access is greater than 90m. Detailed traffic

101 surveys carried out on the local road have established that traffic volumes are low (having an existing AADT of just 257 vehicles or one vehicle passing along the road approximately every 5 minutes ina 24 hour period) and that the average vehicle speed is actually below 40kph. Anticipated traffic volumes from the access are low also and the access point will be gate controlled and serve limited numbers of staff and emergency vehicles only. The location of the access is constrained by the level difference between the proposed service area unit and the local road, which dictates that a reasonable length of access road is required to achieve a feasible access road gradient. The proposed junction location maximises the length of the access road and therefore minimises the gradient, leading to a safer and better standard of access for staff and emergency vehicles. It is also noted that the position of the access road optimises the position of its junction with the service area circulatory road, positioned on the outside of a bend with good visibility to both sides. The site layout and access facilities have been subject to an independent Stage 1 Road Safety Audit which did not highlight any problems in relation to the access position. In summary, Mr.Deegan said,the position of the access junction to the service area on the L6091 is in a safe and suitable location for the following reasons: - It is positioned on the outside of a curve and provides compliant 90m visibility to both sides - It is positioned on a section of road where traffic volumes and vehicle speeds are likely to be low - It allows a reasonable gradient on the access road - It allows the access road to link to the service area circulatory road at a safe position. On the 5th of November 2008 a preliminary traffic count was undertaken between the hours of 08:00am and 09:00am to ascertain traffic flows along the L6091 adjacent to St. Joseph's National School, where traffic was observed to be the most intense. The count was designed to consider the local roads busiest time, by taking into account the opening of the school which coincides with the AM network peak. The selected time period was considered in order to provide a figure which could be expanded to an AADT using An Foras Forbartha's "Expansion Factors for Short Period Traffic Counts". In summary it was determined that the L6091 has an existing AADT of 899 with a HCV content of 2.4%. To obtain an AADT flow for the L6091 in the year of opening and in the design year reference

102 was made to the expected background traffic growth rates as set out in "Future Traffic Forecasts 2002-2040" (NRA, 2003). The following was determined: - 2010 AADT was 931 with a HCV content of 2.45% - 2025 AADT was 1074 with a HCV content of 2.49% In order to calibrate and supplement the traffic count recorded on the local road in November 2008, an additional traffic count was undertaken on Thursday, 15th January 2009. This count consisted of a more comprehensive 24-hour classified traffic count along the local road using an automatic traffic counters attached to pneumatic tubes.Once again, the traffic count was carried out in proximity to St. Joseph's National School, where traffic was observed to be the most intense. The flows in proximity to the site access onto the local road are lower in reality, as they do not include the school related traffic movements at opening and closing time. Using the data collected on site during the count period, a revised AADT was calculated. In summary, based on the supplementary traffic count undertaken on the 15 January 2009, it was determined that the local road L6091 has an existing AADT of approximately 25 with a HCV content of 8.5%. The 24-hour survey also provided details of passing vehicle speeds. The mean vehicle speed recorded over the 24-hour period was 37.9 kph. That is approximatel 25 mph. This is considerably lower than the posted speed limit of 80kph and also the design speed of 60kph. In order to provide a revised estimate of the AADT flow for the local road in the year of opening and in the design year horizon, reference was made, again, to the ‘Future Forecasts 2002-2040’ by the NRA, and the following was determined: • 2010 AADT of 266 with HCV content of 8.5%. • 2O25 AADT of 307 with HCV content of 8.5%. The more comprehensive 24 hour traffic count carried out on the 15th January revealed a lower AADT than originally estimated from the single hour count on the 5th November 2008. The proportion of HCVs was marginally higher, however due to the lower overall traffic flows, the estimated number of HCVs remains similar to the original projections associated with the traffic count undertaken in November 2008. An examination of the planning database determined that there was a low development in the area at the time of writing of this report, and that the majority of this consists of one-off dwelling houses. Proposed Development

103 The proposed service area will be directly accessible to northbound road users via a slip lane both on and off from the M9. Southbound road users will access the proposed service area via an overbridge, which is also designed to facilitate the movement of southbound traffic back onto the M9. In addition to the main service area access from the M9, a second access from L6091 is proposed which will cater exclusively for emergency vehicles and staff.Although it is envisaged that the majority of staff trips will access the service area via the M9, in some cases it may be more efficient for such trips to be catered for via the local access. To prevent unauthorised use from the L6091 access, a controlled barrier system restricting access to staff and emergency vehicles will be installed. Mr.Deegan then dealt with the Internal road Layout (figs.3.1&3.2 EIS) and pointed to the emphasis on separation of heavy commercial vehicles from light passenger vehicles as much as possible, while minimising the conflict between vehicles and pedestrians. He dealt with parking and detailed (table 7.4) the numbers of spaces to be provided for the various vehicle types. Standard car parking spaces: 120 Mobility impaired spaces: 8 Staff spaces: 17 Coach spaces: 10 Motorcycle spaces: 10 HCV spaces: 38 Traffic Impact Mr.Deegan dealt with trip generation and concluded that the traffic impact of the service area on the M9 and adjacent local roads can be considered negligible. Dealing with the Capacity of Service Area Access Junctions He detailed the methodology used and said it can be concluded that the proposed service area access will have adequate capacity to cater for the anticipated design year traffic flows. It can also be concluded the junctions would have a reserve capacity of approximately 60% to cater for times where exceptional demand could be experienced at the service area (e.g. bank holidays, special events etc.). On the Capacity of the Road Network he said the M9 Kilcullen to Powerstown Scheme has been designed to a design year of 2022, and hence is not anticipated to experience any capacity problems within this period. Given that the service area patronage consists purely of pass-by trips from the adjacent mainline, the development will not have any impact on the

104 traffic volumes on this roadway.As only a limited number of staff will access the service area via the service access, the impact on the adjacent local roads can be considered negligible. On “ Safety” he said from a road safety perspective, a "Stage 1 - Road Safety Audit" has been carried out as part of the design process. The recommendations have been included in the preliminary design, and further road safety audits will be undertaken in accordance with NRA HD 19 and NRA HA 42. Considering that driver fatigue was estimated to be a factor in 20% of all fatal accidents by the Road Safety Authority, as outlined in the "Road Safety Strategy 2007-2012", it is anticipated providing the opportunity for drivers to rest in a safe and protected environment away from the mainline carriageway will have a positive road safety benefit He said a detailed construction management plan will be prepared by the contractor prior to any construction, ensuring that adequate procedures are in place to minimise any construction impacts, including those on the surrounding road network and the environment.He then detailed the projected traffic flows during the anticipated construction period of between 12-18 months Avoidance, Mitigation or Remedial Measures He detailed these for both the Construction Phase and the Operational Residual Impacts In terms of traffic related issues, there are no residual impacts anticipated from the proposed development. 3.11.2 Response to Questions from Objector`s Mr.Deegan said he had prepared written responses to the Objections received and read these into the record of the oral hearing. (i ) Objection from Damien Hughes on behalf of Antoinette Coughlan. - "We have reviewed Section 7 Traffic of the EIS and in particular the impact of the access to the western boundary of the proposed development which is 35m from the entrance of Ms. Coughlan's residence. Ms. Coughlan has serious concerns regarding this aspect of the development and which is stated within the EIS is to provide as follows" Objection response: The local road L6091 is anticipated to have an AADT of 307 in the design year horizon of 2025; this equates to approximately one vehicle every 5 minutes passing along the road in a 24 hour period. Using empirical data from similar sites, it has been estimated that the service area will provide employment for between 30 and 40 staff and at peak times up to 17 staff will

105 be required on site at any one time to service demand. For the purposes of estimating staff trips, it has been assumed that the full peak demand staff quota of 17 will be replenished 3 times in each 24 hour period; this simulates 3 eight hour shift changes in each 24 hour cycle. It is further estimated that 1/3 of staff will access the service area from the local road access, and the remaining 2/3's will access the service area from the mainline. On this basis, in any one 24 hour cycle a total of 17 staff are estimated to use the L6091 local road to gain access to the site. By estimating that 17 staff will use the local road access every day, this equates to an additional 34 trips in a 24 hour period, or one additional vehicle trip every 42 minutes on the L6091. It is fair to assume that of these 34 staff trips which will gain access to the service area via the local road every 24 hours, 50% of these trips will use the section of the L6091 which is subject to improvement as part of the M9 Project, and the remaining 50% of staff trips will use the existing section of the L6091 which currently passes St Joseph's National school. Similarly Ms Coughlan's single residential dwelling is unlikely generate a high number of daily trips, therefore the risk of conflict is limited. In terms of risk associated with the proximity of the access points, it is acceptable for two side by side access points to have an overlap in their emerging envelopes of visibility. What is essential is compliance with NRA DMRB 41 in terms of emerging visibility and also clear intervisibility between the two access points. The service road access will be provided at a section of the local road L6091 where the vertical and horizontal alignments provide adequate visibility for approaching traffic. Visibility of 90m from the access shall be provided along the local road, in accordance with a local road design speed of 60kph. There will be an adequate level of intervisibility between the Ms Coughlan's access and the proposed local road access from the service area and this will serve to mitigate the risk of conflict between traffic from the two access points and the local road. (ii)Damien Hughes on behalf of Ms. Antoinette Coughlan. " An examination of the L6091 between the proposed access point and the existing N9 reveals the road which has an average width of 4m with poor horizontal alignment, including some right-angled bends which could not, in its present state, sustain the additional traffic associated with the proposed development. This road may be capable of supporting the existing and future light traffic associated with one-off rural developments, however I would find it difficult to accept that Kildare County Council

106 would be amenable to providing the access to this road in its current condition for a development of the scale which is being proposed" Objection response: The 24 hour traffic survey carried out on the 15 January 2009 also provided details of passing vehicle speeds. The mean vehicle speed recorded over the 24 hour period was 37.9 kph. This reflects the road characteristics which serve to physically limit speed. The Planning Authority do not hold on file any records for traffic accidents on the section of the L6091 under consideration, this correlates with the recorded vehicle speed which were noted as low. The right angled bend referred to also serves to limit road speeds and there is sufficient width at the turn for two opposing cars to pass. Where the road pavement is on average 4 meters in width the horizontal alignment is generally straight with good forward visibility and vehicles slow on approach to passing each other by pulling into the verge if and when required. In terms of usage, at the worst case, the local road L6091 is anticipated to have an AADT of 307 in the design year horizon of 2025; this equates to approximately one vehicle every 5 minutes passing along the road in a 24 hour period. Using empirical data from similar sites, it has been estimated that the service area will provide employment for between 30 and 40 staff and at peak times up to 17 staff will be required on site at any one time to service demand. For the purposes of estimating staff trips, it has been assumed that the full peak demand staff quota of 17 will be replenished 3 times in each 24 hour period; this simulates 3 eight hour shift changes in each 24 hour cycle. It is further estimated that 1/3 of staff will access the service area from the local road access, and the remaining 2/3s will access the service area from the mainline. On this basis, in any one 24 hour cycle a total of 17 staff are estimated to use the L6091 local road to gain access to the site. By estimating that 17 staff will use the local road access every day, this equates to an additional 34 trips in a 24 hour period, or one additional vehicle trip every 42 minutes on the L6091. It is fair to assume that of these 34 staff trips which will gain access to the service area via the local road every 24 hours, 50% of these trips will use the section of the L6091 which is subject to improvement as part of the M9 Project, and the remaining 50% of staff trips will use the existing section of the L6091 which currently passes St Joseph's National school. There are no observed or recorded issues associated with congestion or delay on the L6091 and the additional trips associated with staff movements will not have a tangible impact on the

107 roads capacity to carry traffic. (iii) Damien Hughes on behalf of Antoinette Coughlan: " We note that the road is classified as having a design speed limit of 60kph; however we note that the speed limit for this road is 80 kph. Consequently a sight line of 150m (not 90m) would be applied and hence the design of this access to the proposed development does not comply with Kildare County Council's Development Plan 2005-2011" Objection Response: The junction has been designed to the standards of NRA, DMRB TD 41 in line with the requirements of the Kildare County Development Plan 2005- 2011 (Ref: Volume 1 page 229). The junction has been designed with "Y" distance of 90m, meaning that a vehicle stopped at the minor road yield line has 90m visibility along the local road to both sides. The 90m requirement is compliant with a local road design speed of 60kph. The design speed of 60kph for this local road was determined under the M9 mainline project. According to the NRA DMRB TD 9 the design speed of a road is variable depending on physical aspects of the road, including horizontal alignment, cross section, visibility and degrees of access. The design speed of a road is not a function of the speed limit. There is no indication within the design standards that the visibility from an access should be determined by the speed limit. It is noted that the lowest national speed limit on Irish rural local roads is 80kph. It would not be reasonable to suggest that the geometry of all local roads should correspond to the requirements of an 80kph design speed regardless of their features. A 24 hour survey undertaken on the 15 January 2009 provided details of passing vehicle speeds. The mean vehicle speed recorded over the 24 hour period was 37.9 kph. This is considerably lower than the posted speed limit of 80kph and also the design speed of 60kph. 4.0 Continuing Questioning by the Objector`s 4. 7.1 Mr.Deegan Questioned by Mr.McGree Mr. McGree referred to projected traffic turning into the service area ( 2010 in excess of 2500 and in 2025 approaching 3,500) as shown Table 7.5 on page 10 of the submission and asked if there were any figures produced anywhere in the EIS or in any of the supporting appendices indicating what volumes of traffic might turn off the M9 to utilise existing services on the N9 in the event that this development were not to go ahead? Mr.Deegan responded that he was not aware of any. But there have been studies carried out by the NRA that did look at turn-in rate to offline sites.

108 He said that question might best br referred to the NRA or Ernie Crawford. Mr. McGree “ Just to clarify. The specifics in relation to this particular project and the impact that it might have on turn-off rates onto the N9 has not been considered? Mr.Deegan “ That's correct.” 4.7.1A Mr.Deegan Questioned by Mr.Hughes Mr.Hughes asked if the side road was actually surveyed as part of the design process? Mr.Deegan replied that it had.They were aware of its existing geometry. Mr.Hughes said “within the Environmental Impact Statement on page 43 it states that you intend to widen this road, is that still your intention?” Mr.Deegan said he would need to check that. Mr. Hughes asked what would be the impact on the road due to the construction of the watermain and the rising main? Mr.Deegan replied that the construction of the the underground services would undoubtedly have an impact in terms of the road pavement but that reinstatment should form part of the contract. Mr.Deegan Questioned by Cllr Mark Dalton (for Sean O'Fearghail). Cllr.Dalton asked if the slip road(current haul road) had been assessed for use on an on-going basis after construction was finished? A. MR. Mr.Deegan said as this had been raised already at the oral hearing,they were preparing a comprehensive response and this would be given later,he expected by Ernie Crawford. Cllr Dalton accepted this. Mr. Deegan Questioned by the Inspector. The Inspector sought details of levels relative to the roads and buildings and Mr.Deegan undertook to give these later in the oral hearing. 3.12.1 Evidence of Mr.John Bligh.Philip Farrelly&Ptnrs. Agricultural Properties Mr.Bligh circulated his written brief to those present and this together with his oral evidence forms part of the record of the oral hearing.He outlined the brief given to them by Halcrow Barry Consulting Engineers in conjunction the Environmental Impact Statement for the M9 Kilcullen Motorway Service Area: - To assess the impact on each of the individual farms directly affected. - To assess the macro effect of the proposed scheme on agriculture locally and nationally for inclusion in the EIS

109 An assessment of the existing agricultural situation was carried out through the completion of a detailed farm survey during June 2008. The surveys assessed how the development would impact on the current farming activities carried out on the land and what mitigation measures would be necessary to alleviate any negative impact. Refer to Figure 15.1 Agricultural Properties(Vol. 3 Drawings) of the EIS. Note this figure has been revised since the publication of the EIS. The degree to which a new road impacts upon an individual farm depends on: - The degree of any severance; - The type of farm enterprises carried out; - Land take; - Farm size; - Removal of buildings and/or facilities The proposed scheme will result in a land take of approximately 13.30 hectares. This loss, while significant to individual farmers, is not significant on a county or national level. There are two farms directly affected by the construction of the proposed service area. An agricultural consultant from Philip Farrelly & Partners visited these landowners, in order to carry out the following tasks: - to conduct an appraisal of the farm facilities and layout, and; - to gather data via a questionnaire to enable an assessment of the impact and mitigation measures required as a result of the road development. Farms were categorised in Table G5 in the EIS (G7 in the brief) Summary of Individual Farm Assessments according to the following criteria: - Total Area of Farm Holding (ha); - Enterprise type(s); - Degree of overall impact ; - Under Major/Severe Overall Impact; - Degree of Land Severance; - Buildings/facilities to be acquired; - New access facilities requiring provision. One farm is leased out for both tillage and mixed livestock enterprises. The second farm is engaged in mixed livestock enterprises.There are no farms on which the agricultural impact will be severe or major. The leased farm will have a moderate degree of impact.There will be a minor impact on the mixed livestock farm.No severance will occur on any of the affected land

110 parcels. No animal-handling facilities or farmyard facilities will be affected by the proposed development. Mitigation Measures Mitigation measures include compensation for farmers due to land acquisition and are part of the statutory code for land acquisition to be assessed at a later stage. Mitigation relating to severance There is no severance on any of the affected land parcels. Construction Mitigation Measures The main impacts on agricultural activity during the construction phase of the proposed development will be: - Noise - Dust - Restricted access to remaining lands - Disturbance of drainage works The nature of these impacts and mitigation measures during the construction phase are outlined in Section15.7 (Vol. 2 - Main Text) of the EIS. Residual Impacts The residual overall impact has been assessed on the affected farms. There will be no change in the level of overall agricultural impact. No farm will have a severe or major residual impact. On one farm the residual impact will be moderate and on the other farm the residual impact will be minor. This represents no change in the level of overall impacts on agriculture following mitigation. Conclusion The impact of the scheme would be felt by individual farmers and farm units rather than nationally or regionally. None on the farms significantly affected by the scheme will have a severe or major residual impact. The impacts of this scheme upon agriculture, while significant to individual farmers, are not significant on national level or the agricultural area in County Kildare. There were no questions for this witness 3.13.1 Evidence of Ms.Jennifer Harmon, AWN Consulting.Noise & Vibration Ms.Jennifer Harmon circulated her written brief to those present and this together with her oral evidence forms part of the record of the oral hearing.She gave an - Assessment Overview and Key Findings

111 Saying - “ An appraisal of the noise and vibration impacts associated with both the construction and operational phases of the proposed Kilcullen service area was undertaken as part of the Environmental Impact Assessment. The existing noise climate was quantified by a series of baseline noise surveys conducted during day and night-time periods in accordance with ISO 1996, Acoustics: Description, Measurement and Assessment of Environmental Noise, 2007. Predicted noise levels associated with the service area construction phase have been assessed and are well within the recommended noise limits for construction activities set out in the EIS. Standard industry vibration limits will be a requirement during the construction phase to ensure no significant vibration impact during this phase. All potential noise sources associated with the proposed service area were identified and incorporated into the EIS noise assessment. The predicted impact was assessed for the nearest noise sensitive locations to the site. This resulted in proposals for noise mitigation in the form of acoustic screening along the northern site boundary of the service area in order to reduce noise emissions from vehicle movements within the site. In addition, the operation of the service area has been assessed against strict operational noise criteria to ensure that once operational, noise from the service area will not be significant and the M9 remains the prevailing noise source in the surrounding environment. There are no significant sources of vibration associated with the proposed site once operational. An environmental noise survey was conducted over the course of typical day and night-time periods at three locations in the vicinity of the proposed service area as follows: - Location 1 was in the vicinity of a number of residential dwellings beyond the northern boundary of the proposed site; - Location 2 was in the vicinity of a farm building beyond the western boundary of the proposed site; - Location 3 was along a local road to the west of the proposed site. The locations are displayed in revised Figure 9.1 of Volume 3 of the EIS. The major contributors to noise build-up during the survey period were found to be distant traffic along the existing N9 mainline in addition to birdsong and occasional traffic movements along local adjacent roads. Daytime noise levels were found to range from 48 to 56dB LAeq; night-time noise levels ranged from 40 to 54dB LAeq. It is important to note that

112 the M9 mainline is not yet fully constructed; ambient noise levels will be higher than those reported above once the M9 becomes operational. Noise levels are predicted to range between 58 to 60dB Lden at the three baseline locations detailed above once the M9 motorway is in operation. Assessment of Construction Phase and Mitigation Measures The construction phase of the project will introduce noise sources in the form of mobile and stationary plant used for site preparation, site clearance, building construction and road works. The noise impact of such activities will depend on the existing noise environment, the proximity to noise sensitive properties and the duration of the various works required. In the absence of statutory noise limits for construction activities, guidance on allowable levels during the construction phase of the project has been taken from the NRA document Guidelines for the treatment of noise and vibration during national road schemes 2004. As per Table 9.1 of the EIS (Volume 2), construction noise levels will be limited to 70dB LAeq,1hr during normal working hours. In order that the assessment of construction noise is sufficiently robust, prediction calculations have been prepared for the nearest noise-sensitive location, which represents a cluster of houses beyond the north-western boundary of the development site (Location R01 in Figure 9.2 of the EIS). The prediction calculations cover the full range of activities during all stages of the construction project. The predicted construction noise levels range from 48 to 65dB LAeq,1hr. These values are all in compliance with the relevant limit value, which is 70dB LAeq,1hr. The contractor will also be required to comply with the recommendations for noise and vibration control as set out in BS5228, "Noise and Vibration Control on Construction and Open Sites" 1997. These measures will ensure that: - No plant used on site should cause an ongoing public nuisance due to fumes, noise, leakages or by causing an obstruction; - The best means practical, including proper maintenance of plant, should be employed to minimise the noise produced by on-site operations; - All vehicles and mechanical plant should be fitted with effective exhaust silencers and maintained in good working order for the duration of the contract; - Compressors should be of the "sound reduced" models fitted with properly lined and sealed acoustic

113

covers which will be kept closed whenever the machines are in use and all ancillary pneumatic tools shall be fitted with suitable silencers; - machines, which are used intermittently, should be shut down or throttled back to a minimum during those periods when they are not in use, and; - any plant, such as generators or pumps, which are required to work outside of normal working hours, will be surrounded by an acoustic enclosure. Assessment of Operational Phase and Mitigation Measures The key sources of noise associated with the service are as follows: - Traffic accessing the development from the M9 Motorway; - Building services noise; - Car parking on site; - Filling station activities; - Traffic within the development, and; - Refrigerated vehicles parked on site. It is necessary to set design goals that are appropriate to the nature of each noise source.An Bord Pleanála's approval for the N9/N10 Kilcullen to Waterford Scheme set an operational noise limit of 65dB LA10, 18 hr for noise sensitive dwellings. Since publication of the N9/N10 EIS and its subsequent approval by An Bord Pleanála the NRA has set a lower noise design goal for national road schemes of 60dB Lden. In light of this, traffic flow associated with the newly constructed interchange and slip roads have been assessed against this lower value. The NRA document does not contain guidance that is applicable to other noise sources on the site, hence appropriate limit values have been based on guidance set out in BS8233: 1999: Sound Insulation and Noise Reduction for Buildings - Code of Practice and the World Health Organisation publication "Guidelines for Community Noise" 1999. For all service area noise sources other than mainline traffic, the following operational noise criteria apply at the façades of those residential properties closest to the proposed development: Daytime (07:00 to 23:00 hours) 50dB LAeq,1hr Night-time (23:00 to 07:00 hours) 45dB LAeq,5min. These limits are significantly lower than the traffic noise limit, hence compliance will ensure

114 that the noise impact of the proposed service area is not significant. A 3D acoustic model was developed using 3D drawings of the proposed site, topographical drawings, M9 mainline drawings and OS mapping. The software used was Brüel and Kjaer Predictor. Traffic noise calculations were performed in accordance with the Calculation of Road Traffic Noise (CRTN) methodology which converts predicted traffic noise to the Lden parameter. All other prediction calculations were performed in accordance with ISO 9613 Acoustics:Attenuation of Sound During Propagation Outdoors (1996). Noise levels were predicted at the two closest noise- sensitive locations to the northwest and southeast of the site. The locations are displayed in the EIS (Volume 3, Figure 9.2). The site has been designed to minimise the potential noise impact through considered layout and design. This includes lowering the site by approximately 3m below existing ground levels, the location of heavy commercial vehicles (HCVs) parking areas away from noise sensitive boundaries, acoustic screening along the northern site boundary and plug-in points for refrigerated HCVs. The calculations take account of all the above factors in addition to the screening afforded by on-site buildings. Refer to Appendix A for detailed discussion of the noise prediction calculations undertaken for each source of noise. Predicted traffic noise levels from the interchange slip roads comply with the 60dB Lden design goals at the nearest noise-sensitive locations, thereby satisfying the relevant requirements of the NRA guidance. Predicted traffic noise levels from the interchange slip roads combined with the M9 motorway comply with the operational noise limits set for the roads scheme of 65dB LA10,18hr The noise impact from the interchange when assessed against both sets of criteria, is not significant. Cumulative Noise Impact from Service Area Activities The cumulative noise impact of the proposed development has been assessed by combining the contribution from each of the various noise sources under consideration. This approach is very much "worst case" insofar as it assumes that every activity is continuous and occurs simultaneously with all of the other activities. The predicted daytime noise levels associated with each source are presented in Table 1 along with the cumulative noise level. During the daytime period in Table 1 various sources, including building services plant, car parking, filling station activities, daytime internal site traffic, refrigerated HCV's, have been combined to a combined noise level of 46dB LAeq,1hr at receptor R01 to

115 the northwest of the site. This value complies with the daytime criteria of 50dB LAeq,1hr. Similarly at the receptor to the southeast of the site at location R02 the combined cumulative daytime noise level in this location is 43dB LAeq,1hr, which also complies with the criterion of 50dB LAeq,1hr.The total level of noise emissions from the service area is well within the daytime criterion of 50dB LAeq,1hr. The daytime noise levels are also significantly lower than the level of noise associated with the M9 once operational, hence the net impact of the service area is not associated. The predicted night-time noise levels associated with each source are presented in Table 2 along with the cumulative noise level. Similar sources have been presented, from building services plant through to refrigerated HCV's. At receptor RO1 to the northwest of the site the combined noise level from all sources is calculated as 44dB LAeq,5mins. To the southeast of the site at receptor RO2 the combined value is predicted to be 40dB LAeq,5mins. Both of these predicted noise levels comply with the night- time criterion set at 45dB LAeq,5min. The total level of noise emissions from the service area complies with the night-time criterion of 45dB LAeq,5mins. The night-time noise levels are also significantly lower than the level of noise associated with the M9 once operational, hence the net impact of the service area is minor. The two receptor locations are displayed in figure 9.2. Conclusion The predicted noise levels from construction activities at the nearest noise sensitive locations are within the appropriate limit value. Furthermore, the contractor will be required to adhere to recognised noise and vibration control practices. The noise level associated with traffic movements into and out of the site comply with the relevant traffic noise criteria. The cumulative noise level from all other sources of noise on the site, when subject to a rigorous "worst-case" assessment, complies with limit values based on appropriate British Standard and World Health Organisation guidance.The predicted noise levels from operating sources are significantly lower than the level of noise associated with the M9 once operational, hence the net impact of the service area is minor. It is concluded therefore that the net noise impact of the proposed development with all mitigation measures included is acceptable. She said “Appendix A, includes details of prediction calculations for the operational noise sources.” In response to the Inspector ,Ms.Harmon pointed out that section 3.3.2 “Operational Noise Assessment and

116 Mitigation” summarises the noise mitigation which has been incorporated into the site design and also into the noise assessment. 3.13.2 Response by Ms Harmon to the Objections Received Submission on behalf of Antoinette Coughlan from Damien Hughes & Associates. Regarding " Noise pollution caused by the 24-hour all year around operation of the service station" and : "The proposed development because of its scale and nature and its 24-hour all year around operation is going to destroy the enjoyment of my client's property by negative impacts of noise and the overspill of light pollution upon her property at night". Response: “ The site has been designed to minimise the potential noise impact through considered layout and design. This includes lowering the site by approximately 3m below existing ground levels, the location of heavy commercial vehicle parking areas away from noise sensitive boundaries, acoustic screening along the northern site boundary and plug-in points for refrigerated HCVs.The EIS has conducted an assessment into the likely impacts relating to noise and vibration at the Coughlan's property taking account of the potential noise sources from the proposed service area and the all of the above site layout and design considerations. Each of the main potential noise sources associated with the operation of the service area have been assessed separately and combined to assess a "worst case" cumulative impact. The day and night-time noise assessment criteria used for the service area have been taken from with international best practice standards in order to preserve acceptable levels of both external and internal noise levels during day and night time periods. The predicted noise levels from the operation of the service area at the Coughlan's property is below these recommended day and night time criteria for the development. In addition, the predicted noise levels from the service area are also significantly lower than the level of noise associated with the M9 once operational, hence the net impact of the service area will be minor.” It was noted that two further responses from Nagle Agricultural Consultants and Jordan Auctioneers related to objections which had been withdrawn and were not read into the record of the oral hearing. That concluded Ms,Harmon`s evidence 4.0 Continuing Questions by the Objectors. 4.8.1 Ms.Harmon Questioned by Mr.Hughes Mr.Hughes asked “Is there a specification for the noise barrier or is it just an aspiration that you will reduce the noise level below a certain amount?

117 Ms.Harmon responded that the barrier has been specified in terms of its length and height and her understanding was that it will be constructed of a 2m earth berm with a timber acoustic barrier of 1m on top of that. The timber barrier will have to comply with the NRA Design Criterion for Acoustic Barriers and that will make up the actual screening on that side of the site.This would have a total height of 3m. The length and height of that had been calculated to achieve the acceptable levels of noise at the Coughlan's property. The acoustic barrieris shown on drawing of 3.2. This illustrates a broken line which runs along the side of the site access road and the internal circulatory road with an arrow pointing to a 3m high noise barrier. That indicates the extent of the noise barrier.The illustrates the boundary of the site so the barrier actually runs along just the top of the embankment, which forms the actual internal circulatory road. The distance from the site boundary to the barrier itself is approximately 20m, at it closest point, to 30m as it varies.The ground in between remains at its existing level and will be landscaped.Then there is a drop in level of approx. 3m to the circulatory road. Mr. Hughes concluded saying the context of his questions was the fact that in the bottom left-hand corner of that drawing it says "indicative and subject to change at detailed design stage", and that was repeated in a lot of drawings in this project. 3.14.1 Evidence of Dr. Eoin Collins, AWN Consulting.Air Quality &Climate Dr.Collins circulated his written brief to those present and this together with his oral evidence forms part of the record of the oral hearing. He said Awn Consulting was commissioned to conduct a detailed appraisal of the air quality and climate impacts associated with both the construction and operation of the proposed M9 Kilcullen Service Area. The assessment was carried out using guidance from the National Roads Authority document "Guidelines for the Treatment of Air Quality During the Planning and Construction of National Road Schemes" and other current published national and international guidance and standards as required. The existing ambient air quality was assessed by means of an extensive baseline air quality survey and a review of long-term representative monitoring data compiled by the EPA (Environmental Protection Agency). Thereafter, the likely levels of air pollutants associated with both the construction and operational phases of the proposed development were assessed.

118 The impact of road traffic emissions associated with the proposed development on exposure to nitrogen dioxide(NO2), carbon monoxide (CO), benzene, particulate matter with a size less than 10 micrometres (PM10) and particulate matter with a size less than 2.5 micrometres (PM2.5) was determined using air dispersion modelling. Air dispersion modelling was performed using the UK Design Manual for Roads and Bridges (DMRB) screening air dispersion model in conjunction with published guidance by the UK Highways Agency and the National Roads Authority. Ambient pollutant concentrations (including background levels and a contribution from the M9 motorway) were predicted at two worst-case assessment locations in the region of the proposed development (see EIS Volume 3, Figure 8.2). The predicted pollutant levels for both the"do-minimum" and "do-something" scenarios were used to determine the air quality impact at these receptors. The regional impact of the proposed development on national emissions of volatile organic compounds(VOCs), nitrogen oxides (NOx) and carbon dioxide (CO2) were determined using the DMRB air dispersion model. Dealing with the Baseline Air Quality in the region of the proposed service area he pointed out tha the results of the air dispersion modelling study for the "do-minimum" scenario in the opening year (2010) and design year (2025) show that predicted pollutant levels at the worst-case assessment locations in the region of the proposed service area are below their respective limit values (see EIS Volume 2, Chapter 8, Tables 8.5 - 8.11). For the Operational Phase - Local Air Quality Impacts,he said the results showed that the predicted increase in pollutant concentrations resulting from the proposed service area was below 5% of the limit value for each pollutant. Thus, using the impact assessment criteria detailed in the National Roads Authority document " Guidelines for the Treatment of Air Quality During the Planning and Construction of National Road Schemes" , the impact of the proposed service area will be negligible. Dealing with the Operational Phase - Regional Air Quality Impacts,he said there will be no perceptible increase resulting from the proposed development. At national level he pointed out that the impact of the proposed development on greenhouse gas emissions will be insignificant in terms of obligations under the Kyoto Protocol. Dr.Collins said the construction activities associated with the proposed development are likely to generate dust emissions. However, construction

119 dust nuisance will be mitigated by the implementation of dust mitigation measures. A dust minimisation plan will be formulated in accordance with good current practice and included in the Environmental Operating Plan (EOP) for the construction phase of the project. Mitigation Measures Operational Phase The results of the air quality assessment show that predicted pollutant levels will be well below the relevant air quality standards. Thus, no site specific mitigation measures are required. However, stringent emission standards imposed by EU legislation as a result of the EU sponsored Auto-Oil programmes have lead to improvements in both the engine technology and fuel quality in vehicles in recent years. As a result, emission levels in the national vehicle fleet are continually improving. Construction Phase The EOP will include dust mitigation measures as construction activities are likely to generate some dust emissions. The potential for dust to be emitted depends on the type of construction activity being carried out in conjunction with environmental factors including levels of rainfall, wind speeds and wind direction. Measures to be implemented to mitigate the effects of dust emissions from construction activities will include the following:- - Site roads will be regularly cleaned and maintained as appropriate; - Vehicles using site roads will have their speeds restricted to 20 kph; - Vehicles exiting the site to make use of a wheel wash facility, prior to entering onto public roads; - Material handling systems and site stockpiling of materials will be designed and laid out to minimise exposure to wind; - Water misting or sprays will be used as required if particularly dusty activities are necessary during dry and / or windy periods; - During the movement of materials with a potential for dust generation to an off-site location, trucks will be enclosed or covered.

120 Conclusion In relation to CO, benzene, PM10, PM2.5 and NO2,the results of the air dispersion modelling study show that predicted ambient concentrations (which include contributions from both the M9 motorway and the proposed service area) at the nearest sensitive receptors to the proposed service area in the opening year will be within the ambient air quality standards. Furthermore, compared to conditions in the opening year, pollutant levels will decrease or remain at low levels in future years, as a result of legislation-driven technical improvements. Air dispersion modelling results show that the predicted increase in pollutant concentrations is below 5% of the limit value for each pollutant. Thus the impact of the proposed service area will be negligible. The impact of the proposed development on national emission levels of NOx and VOCs is insignificant. The impact of the proposed development on national greenhouse gas emissions will be insignificant in terms of Irelands obligations under the Kyoto Protocol. The levels of dust emissions during the construction phase will be minimised through the implementation of a dust minimisation plan. This concluded Dr. Collins evidence.There were no questions for this witness. 3.15.1 Evidence of Ms.Janet Slattery,Halcrow Barry Ecology Ms.Janet Slattery circulated her written brief to those present and this together with her oral evidence forms part of the record of the oral hearing. She said the assessment for the proposed service area was surveyed in August and October 2008. Habitats were classified using habitat descriptions and codes published in "A Guide to Habitats in Ireland" (Fossitt, 2000). Assessment of the significance of effects of the proposed development was based on the National Road Authority Document Environmental Assessment and Construction Guidelines (2004-2007).The Methodology of Assessment followed the Criteria for Assessing Ecological Importance of Sites, Criteria for Assessing Impact Significance for Flora and Fauna and Criteria for Assessing Impact Significance of Sites and the Biological River Quality Classifications System as described in Volume 4 Appendix F of the EIS. Any plants flowering outside the time of the surveys may not have been recorded. A further mammal survey will be undertaken in March 2009 as the initial survey was outside the optimum time for badgers and a further bat survey will be undertaken when bats

121 become active in April 2009. She then dealt with the existing environment on the site.She referred to “Designated Conservation Areas” including - Natural Heritage Areas (NHA). proposed NHAs (pNHAs) , Special Areas of Conservation (SAC): Areas,, Special Protection Areas (SPA), and pointed out that there are two pNHAs within 5kms of the proposed Service Area as shown in Volume 3 Figure 11.2 Conservation Areas. They are Dunlavin Marshes (Site Code 1772) and The Curragh (Site Code 392). She said a review of the National Parks and Wildlife Services Rare Species Database determined that no listed rare species of plant, including those on the current Flora Protection Order are known to occur on or in close proximity to the proposed site at present. On fauna she said The National Parks and Wildlife database was reviewed to identify any species of fauna subject to protection under Irish or EU Legislation that may be on the proposed service area site. It is likely that common species such as rabbit, hedgehog, fox, pygmy shrew and wood mouse, which are ubiquitous through much of the Irish countryside, are present in the area. Mammal paths were observed which may indicate the presence of badgers but no badgers setts were observed during the field survey.A wide variety of birds species typical of farmland,wetland and woodland habitat were observed during the field survey. Species noted included blackbird, robin, wren, blue tit, great tit, chaffinch, hooded crow and wood pigeon. Although there is some potentially suitable habitat present for bats in the area in the form of hedgerows,large trees and derelict buildings no bats were observed during a dusk emergence survey carried out in October 2008. Impacts During the construction phase of the proposed development activities that have the potential to affect the ecology of the site include:- - Direct habitat loss - Disturbance - Fragmentation of habitats, and - Water pollution - Traffic - Noise - Lighting During the operational phase of the proposed project there will be increased activity, traffic, noise and lighting which may cause some disturbance to

122 mammals and birds.The main impact of the proposed service area during the operational phase of the proposed development will be habitat loss. The majority of the habitats are improved grassland and arable land bordered by hedgerows. These are generally of low ecological value although they are of some ecological value as feeding and breeding territories for birds and mammals. Loss of this habitat will not be significant and the mammals and birds affected by the loss will disperse to the surrounding area.The impact of the construction of the M9 Kilcullen to Powerstown Scheme has already disturbed the birds and mammals in the area and so the construction and operation of the proposed service area will not be a significant impact. Habitats may be broken up and ecological units interfered with due to fragmentation. Bats and other mammals which use hedgerows for foraging and movement may be confined by their removal. Mitigation Measures The NRA Environmental Assessment and Construction Guidelines shall be followed prior to, during and post construction of the proposed service area. - The Environmental Manager shall arrange for a suitably qualified ecologist to carry out an ecological walkover before authorisation may be given for the site clearance to commence. - Hedgerows will be retained where possible so as to maintain wildlife corridors. - Hedgerows to be retained will be identified, clearly marked and protected prior to site clearance. Fencing shall be erected outside the maximum branch spread of any trees to be retained. - Where possible clearance of hedgerows and trees from the proposed site shall not take place between March 1st and August 31st to avoid the bird nesting season. Where clearance is unavoidable the Environmental Manager shall arrange a nest survey by a suitably qualified ecologist and where necessary consult with NPWS to develop a mitigation strategy. - The proposed development site shall be surrounded by badger proof fencing to exclude badgers from the proposed development. The mammal underpass at CH 74+700 on the M9 mainline has been moved southwards

123 to the culvert at CH 74+500 during the construction of the M9 mainline. The underpass is now outside the proposed site boundary. Conclusion With the mitigation measures put in place it is anticipated that the principal impacts of the proposed service area will be addressed and as such there will be no residual impacts. This concluded Ms.Slattery`s evidence.There were no questions for this witness. 3.16.1 Evidence of Ms.Lisa Courtney.Margaret Gowan & Co. Archaeological, Architectural & Cultural Heritage. Ms. Courtney circulated her written brief to those present and this together with her oral evidence forms part of the record of the oral hearing.She said that this study was undertaken to ascertain the development and evolution of the historic landscape in relation to the proposed service area and includes an examination of archaeological, architectural heritage and cultural heritage features. The purpose of the cultural heritage impact assessment (including archaeology and architectural heritage) for the proposed M9 Kilcullen Service Area is to: - Assess and describe the cultural heritage, - Identify and evaluate the significance of the impact of the scheme on the receiving cultural heritage environment, - Propose appropriate measures for the avoidance or mitigation of these impacts within the design of the proposed service area development. She then detailed the sources referenced for the study. She said consultation took place with the design team, NRA archaeologist and the National Monuments Section, Department of Environment, Heritage and Local Government. She detailed the “Field Inspection”carried out and said a geophysical survey was done to determine the location and extent of any underlying, subsurface archaeological features in order to assess the archaeological potential of the proposed service area. Findings Archaeological Heritage There are no archaeological monuments recorded in the Sites and Monuments Record (SMR) and the Record of Monuments and Places

124 (RMP) within the proposed development area. No archaeological features were revealed during the investigations conducted in advance of the M9 Kilcullen to Powerstown Scheme which lies adjacent to the proposed development. Field work and aerial photography revealed the presence of three specific sites of archaeological potential(IDA 1, IDA 2 & IDA 3) (Figure 16.9 from the EIS).These are described as follows: IDA 1 - A series of features identified on aerial photography and confirmed during the field inspection as a large dish-shaped hollow with a second smaller hollow to the west,IDA 2 - A possible burnt spread, IDA 3 - Two circular features identified by aerial photography and their location possibly indicated as a cropmark during the field inspection. Geophysical scanning was conducted throughout the service area. The detailed survey targeted anomalies identified during the scanning and specific sites of archaeological potential, in this case IDA 1-3. The survey identified one area of clear archaeological potential within Survey Area 9 in the south of the site and adjacent to the line of the M9 Kilcullen the Powerstown scheme. This area closely corresponds to IDA 2 identified during field inspection. Here, a cluster of positive responses within an area of increased background response may represent an archaeological spread, perhaps a fulacht fiadh. No clear archaeological responses from the geophysical survey were identified within the environs of IDA 1 or IDA 3. Elsewhere, occasional isolated pit-type responses have been identified which may be of archaeological origin, perhaps relating to ephemeral archaeological remains (IDA 4 & 5). Fragmented linear responses identified are thought to relate to former field boundaries or recent land drainage practices (IDA6 & 7). Archaeological monitoring of the excavation of four trial pits during geotechnical site investigations took place on the site of the proposed M9 Kilcullen Service Area.Three trial pits, (TP21, TP15 and TP24) out of 31 trial pits were located within two of the areas of archaeological potential, TP21 and TP15 in area IDA 3, and TP24 in area IDA 1. Trial pit TP07 was placed as a monitoring control. No trial pits were excavated within IDA 2. No archaeological features were identified within the four trial pits. Through geophysical survey and archaeological investigation IDA 2, a possible burnt spread, remains the only specific area of archaeological potential within the proposed service area. However, given the size and extent of the service area and the archaeological potential of marginal land and bogland, extensive test excavation is recommended through out the site in advance of construction.

125 Architectural Heritage There are no protected structures or buildings of architectural heritage merit recorded within the proposed service area. Cultural heritage An examination of the slip roads revealed that one roughly coursed stone pillar belonging to the outer fields of Halverstown House and a section of laneway/curving stone wall originally associated with the house (which no longer exists) will be impacted by the proposed development. The proposed service area lies within the townlands of Kilgowen and Halverstown. The former name derives from Cill Gabhán or Cill Tuban, meaning church/wood of the calf or church/wood of the smith. The name Halverstown indicates a middle English surname of occupation. The proposed service area will directly impact upon a section of the Kilgowan/Halverstown townland boundary. Mitigation Measures Archaeological Heritage The study area has been subject to detailed inspections, including geophysical survey in order to establish the potential to reveal features of an archaeological and cultural heritage nature. The results of these surveys have informed this study and allowed for an assessment of the predicted impact to take place.The results of these surveys and the mitigation measures proposed have been discussed with the NationalMonuments Section of the Department of Environment, Heritage and LocalGovernment. Pre-development test excavation in advance of construction is recommended as a mitigation strategy in the EIS (sections 16.9.9 and 18.13.1). The Department of Environment, Heritage and Local Government ( as per letter attached), have also recommended pre-development testing be carried out at this site and included as a condition in the granting of any planning permission. "The applicant is required to engage the services of a suitably qualified archaeologist to carry our pre-development assessment.Archaeological testing should target any areas of potential identified in the earlier site surveys. No sub-surface work shall be undertaken in the absence of the archaeologist or without his/her express consent. The archaeologist is required to notify this Department in writing at least four weeks prior to the commencement of site preparations. This will allow the archaeologist sufficient time to obtain a licence to carry out the work The archaeologist shall carry out any relevant documentary research and may excavate test

126 trenches at locations chosen by the archaeologist, having consulted the proposed development plans.Having completed the work, the archaeologist shall submit a written report to the Planning Authority and to the National Monuments Service for consideration." " Where archaeological material is shown to be present, avoidance, preservation in situ, preservation by record (excavation) and/or monitoring may be required and the National Monuments Service will advise the Applicant/Developer with regard to these matters. No site preparation or construction work shall be carried out until after the archaeological report has been submitted and permission to proceed has been received." Response: All archaeological work will be carried out on site in accordance with the recommendations of the Department of Environment, Heritage and Local Government. It is anticipated that all archaeological resolution will be completed pre-construction. This is in accordance with the Code of Practice between the NRA and the Minister for Environment, Heritage and Local Government(formerly Arts, Heritage, Gaeltacht and Islands), 2000.While every effort has been made to avoid direct impacts on archaeological features, all archaeological finds or features revealed, will be recorded appropriately prior to and during the construction of the proposed development, in agreement with the National Monuments Section of the Department of Environment, Heritage and Local Government. Architectural Heritage No protected structures or features of an architectural heritage merit will be directly impacted by the proposed scheme. The Department of Environment, Heritage and Local Government do not expect that there will be any adverse impact on the architectural heritage of the locality by the proposed development. Cultural Heritage The stone pillar and laneway/section of curving stone wall will be appropriately photographed accompanied by a full written description of the features. A section of the Kilgowan/Halverstown townland boundary will be recorded by a suitably qualified archaeologist. Residual Impacts No residual impacts are envisaged, as all archaeological and cultural heritage issues will be resolved at the pre-construction and construction stages of the proposed development. 3.16,2 Response to Dept. of Environment,Heritage and Local

127 Government. Ms Courtney then read the written response to the requirement from Dept. of Environment,Heritage and Local Government - “that pre-development testing be carried out at this site and included as a condition in the granting of any planning permission” as follows - In accordance to the requirements of the National Monuments Section of the Department of the Environment, Heritage and Local Government - Chapter 16 of the EIS recommends that a programme of archaeological test excavation will be undertaken within the proposed service area and completed prior to construction. The proposed mitigation measures have been discussed with the National Monuments Section ofthe Department of the Environment, Heritage and Local Government. All archaeological work will be carried out on site in accordance with the recommendations of the aforesaid Department. This concluded Ms. Courtney`s evidence.There were no questions for trhis witness. 3.17.1 Evidence of Mr. Thomas Burns. Brady,Shipman Martin - Landscape and Visual Aspects Mr. Burns circulated his written brief to those present and this together with his oral evidence forms part of the record of the oral hearing. He said the landscape section of the Environmental Impact Statement (EIS) assesses the likely significant landscape and visual effects of the proposed Kilcullen Motorway Service Area. The assessment involved a review of plans, sections and elevations of the proposed scheme; aerial photography; various publications and reports; together with visits to the site and environs of the proposed development. The assessment has regard to and the methodology is based on the Environmental Protection Agency (EPA) Guidelines on the information to be contained in Environmental Impact Statements, 2002 and Advice Notes on Current Practice (in the preparation of Environmental Impact Statements), 2003. He said landscape has two separate but closely related aspects. - visual impact and the impact on landscape character. Visual impacts are defined under visual intrusion and/or visual obstruction where visual intrusion involves impact on a view but avoiding blocking thereof; and visual obstruction involves impact on a view with some degree of blocking. For impact on the landscape character of the existing landscape setting is evaluated taking account of the various natural and man-made features,

128 such as topography, landform, land-use, vegetation, built environment etc. together with the visibility of and the views to and from the landscape. In addition, aspects relating to the landscape planning environment are considered on a national and local basis. Dealing with the existing landscape in context and location he said the proposed M9 Kilcullen Service Area and associated interchange is located in an area of a rural lowland landscape of agricultural land-uses, where large-scale fields are bounded by hedgerows with varying degrees of vegetation cover. Tree cover is uneven, but present in sufficient quantity to enhance the landscape to a considerable degree. This existing character is changing significantly with the on-going construction of the new M9 motorway; changes that the proposed service area and associated interchange will accentuate and increase locally. The site is located on the western flank of a shallow valley which continues to rise to a gentle ridge to the west. As such the site is visible from the road and several properties located less than 1km distant on the opposite flank of the valley. There are no significant water courses or water bodies of any landscape or visual significance within, or immediately adjoining, the site. The principle vegetation in the locality comprises linear hedgerow features with varying amounts of deciduous tree cover. In addition, small blocks or stands of deciduous trees are scattered in a random manner throughout the wider locality. While the town of Kilcullen is located over 4km to the north of the site, residential properties in either single or clustered arrangements are present, particularly to the east on the opposite side of the open valley along the road that overlooks the site. Fifteen properties are located within a 1 km radius of the proposed site and views of the proposed development vary considerably due to the influence of immediate small-scale topography and screening vegetation. No part of the site or its immediate surrounds is listed in the Inventory of Outstanding Landscapes in Ireland prepared by An Foras Forbartha in 1977. A review of the Kildare County Development Plan 2005-2011 shows that there are no Special Landscape Areas; no protected views or scenic routes; no Tree Preservation Orders (TPO), and no long distance walking routes within the vicinity of the site. The Development Plan locates the site of the proposed service area within the landscape character area of the Eastern Transition Lands. This large area is considered as having a generally medium to high sensitivity to development. However the character and sensitivity of the immediate locality is increasingly influenced and reduced

129 by the on-going construction of the M9 Motorway. Impact of the Proposed Development Dealing with “Landscape Character Impact” he pointed out that the on- going construction of the M9 Motorway has already had an impact on the local landscape significantly altering its original character. Given the changes arising as a result of the road project, the construction impact in relation to the service area and interchange, although significant locally, will be limited in visual extent, and restricted in influence. The M9 Motorway will remain the defining element of change within the landscape and the cumulative impact of the proposed service area and interchange on the landscape character of the locality is therefore considered to be moderate and localised. On “Visual Impact”he said that despite the general open nature of the landscape, the proposed service area and associated interchange is located within an area of relatively limited visibility. Views of the service area will be screened from the north and west by topographical features and vegetation, while views from the south and more distant east are screened by the relatively low setting of the site; the nature of surrounding topography and by the distance of visual receptors. It is considered that in overall terms the proposed service station will result in moderate additional visual impact due in particular to the presence of additional illumination at the interchange and service area. Potential for significant visible impact is restricted to one property located immediately north of the site.This property is P11, which is in the ownership of Ms.Antoinette Coughlan. Its reference is P11 on Figure 10.1 of the EIS. As well as to 5 residential properties located on the opposite side of the shallow valley (P1, P2, P5, P6 and P7 on Figure 10.1 of the EIS). These latter properties are elevated slightly in relation to the proposed site and as such, have more open views west/northwest towards the site.Overall construction stage impact will be moderate, since disturbance and construction is already a feature associated with the M9 Motorway. Construction impact will be most significant for Property P11 located alongside the northern boundary of the site. On opening, the operation of the proposed service area and associated interchange will present a substantial change in the area. Visual impact during the early operational stage will be significant from Property P11, located north of the site, from four Properties (P1, P2, P5 and P6) located east of the site and from Farmhouse P7 located to the south-east of the site. Impact will arise from

130 the presence of the development, general traffic access to and movement on the site; and most notably from the perception of night-time illumination both of the service area and from traffic movements. Medium and longer-term impact will be increasingly mitigated and reduced with the establishment of landscape measures as indicated on EIS Figures 10.3, 10.4 and 10.5 and discussed at Section 5 of the Statement of Evidence. The change in visual impact on properties through various stage of the development is given in EIS Table 10.2, reproduced in the statement of evidence. He said the single significant impact during the construction stage, already adverted to at property P11 located north of the site,would experience (which is unusual for some developments,)a step up in impact at the opening stage because of the impact of illumination. Then in the longer term, the established stage, that impact reduces in time as the mitigation measures, which discussed in the forthcoming sections, takes hold. Mr.Burns continued saying the local landscape has no particular landscape designation, nevertheless the landscape character is considered to have a medium to high sensitivity. Given the lack of landscape designations and the presence of the new M9 Motorway, it is considered that the proposed development will have no more than a slight adverse impact on landscape planning aspects within the context of the overall landscape character area. Mitigation Measures He said that the Landscape proposals are shown in Figure 10.3 (Landscape Proposals) and Figures 10.4 & 10.5 (Landscape Sections) and Specific Landscape Measures (SLM) are provided in mitigation of landscape and visual impacts. He then went through the specific measures individually.As these are again detailed in the comprehensive schedule of mitigation measures attached to this report and the more salient ones are dealt with in questions from the objector`s they are not detailed further in this section. Residual Impacts The proposed service area and associated interchange will result in specific and localised visual impacts, and it is considered that when taken in conjunction with the infrastructure of the realigned M9, the service area and interchange will introduce moderate residual impacts to the locality, primarily as a result from the introduction of illumination. 3.17.2 Response by Mr.Burns to the written Objections Mr.Burns said - “The first response is to Damien Hughes & Associates on

131 behalf of Antoinette Coughlan and there are a number of responses. The content of the objection is extracted as relevant for each response. First " Total loss of visual amenity which will result from the mitigation measures proposed within the development" Response: The proposed development will further alter existing views from this property, views that are already changing with the construction of the M9 Motorway and views that will continue to change once the motorway is open to traffic. It is noted in the landscape and visual assessment of the EIS that the development of the service area will have a significant visual impact on this property and therefore appropriate and substantial landscape mitigation measures have been proposed. These measures will ensure that there is no negative impact on medium and longer-term visual amenity for the property. Second " light pollution overspill from the development, particularly at night". Response: “The effect of illumination is acknowledged as being one of the most significant aspects giving rise to visual impact. Therefore a number of measures have been proposed in mitigation of such impacts. Firstly, all lights are to be housed within horizontal, flat-glass style fittings that minimise views to the light emitting bulb and restrict light spill to within the immediate service area. Secondly, the scheme includes for significant mounding and planting for screening of both traffic and standard lighting. A 3m high barrieris also proposed for mitigation of noise and views of lights from this property. So, that barrier is being proposed for noise but it will also have a visual effect of mitigating light. That barrier runs parallel with the connection to the local road and it runs down to just the eastern end of Ms. Antoinette Coughlan's property. It varies from 20m to approximately 30m from the property.” Concern is expressed that " The elimination of natural sunlight within Ms.Coughlan`s home, which will result from the mitigation measures proposed within the development" and ."an examination etc ..." Response This refers to drawing 10.3 and some of the measures of concern would be the security fence internally behind the existing tree line; the infill additional hedgerow planting; large specimen trees on top of the cutting which would screen any views from adjacent properties, and a 3m high

132 noise barriers. It is acknowledged that the proposed mitigation measure to infill the adjoining boundary hedgerow could result in some impact on received sunlight at the property.Of particular concern is the proposal to plant immediately alongside the property boundary of property P 11.However, this measure can be removed in entirety, if so requested. Visual screening of the service area will not be reduced as the primarily mitigation is provide by the wide belt of screen planting - incorporating a 3m high noise and visual barrier - that is located along the local service access road within the site.If Ms. Antoinette Coughlan so wishes then the proposal to infill the boundary hedge would be removed. It won't have any diminution of the screening effect because that is provided by the wider belt of planting and the barrier that is located along the actual internal road. This barrier and planting is located over 30m from the property -- it should be approximately 30m from the property and will have no adverse impact on received light at the property. While large specimen trees are indicated these are planted for more immediate landscape impact. The medium and longer-term intention for the planting is to develop as a dense vegetated screen of some 4 to 6m in height.The trees at planting would be in the order of 2.5 to 3.5m in height at planting , they are still a relatively small tree. The 2m high security fence is already set back from the site boundary with the property. There is a 2m high security fence which encloses the entire service area site, it runs along the actual boundary, from the off-ramp in a westward direction it follows the boundary until it reaches Ms. Antoinette Coughlan's property. At that point it steps in approximately 5m and then continues to reach up to the local road.The entire site would be maintained under a landscape management programme. A gate would be provided at some location to access areas between fences,this could be provided from the local road (L6091) Further objection that- " It would be prudent to produce a shadow and light study of the development in accordance with "Site Layout Planning for Daylight and Sunlight: A Guide to Good Practice" (BRE 1991) "Lighting for Buildings Part 2 1992 Code of Practice For Day lighting". This type of analysis is being requested in respect of both large and small scale developments by Kildare County Council in Planning Department where potential negative impact upon the residential amenity of adjacent residential properties may result. Consequently it would have been established that the impact of the proposed development upon Ms.

133 Coughlan's property would be detrimental. It is our intention to prepare such a study". Response: The Guidelines referred to are 'Site Layout Planning for Daylight and Sunlight: A Guide to Good Practice' (British Research Establishment 1991). The Guidelines are used to consider overshadowing impacts both immediately around and within developments where potential for such impact may arise. The proposed service area building is located over 200m from the property; is only 7.5m maximum height and is set at a lower elevation than Ms.Coughlan's property. It is clear that at this distance the proposed building will have no impact on natural sunlight as received at the property. The principal mitigation landscape planting is located over 30m from the property and incorporates a 3m high noise and visual barrier. At this distance these mitigation measures will have no impact on natural sunlight as received at the property.It is acknowledged that the proposed mitigation measure to infill the adjoining boundary hedgerow could result in some impact on received sunlight at the property.As stated previously, this mitigation measure can be removed in its entirety, if so requested.Visual screening of the service area will not be reduced as the primarily mitigation is provided by the wide belt of screen planting - incorporating a 3m high noise and visual barrier - that is located along the local service access road within the site. Again a further objection:- "However we would classify the impact of the early operation stage and established operation stage as profound, i.e. - An impact which obliterates sensitive characteristics with respect to the impact of the development on my client". Response: This actual submission states that we have assessed the impact as "moderate". “The 'Construction Stage' and 'Early Operation Stage' impacts at this property are both assessed as being 'Significant' in the EIS, not moderate as inferred in the submission. Given the level of mitigation measures proposed, the longer-term 'Established Operation Stage' impact is assessed as being 'Moderate'. We fully stand over this assessment.” Finally - " The proposed development because of its scale and the nature of its 24-hour/all year around operation is going to destroy the enjoyment of my client's property by the negative impacts of noise and overspill from

134 light pollution upon her property at night. Response: The effect of illumination is acknowledged as being one of the most significant aspects giving rise to visual impact. Therefore, a number of measures have been proposed in mitigation of such impacts. Firstly, all lights are to be housed within cut-off, flat-glass style fittings that minimise views of the lighting emitting bulb and restrict light spill to within the immediate service area. Secondly, the scheme includes for significant mounding and appropriate and substantial landscape planting for screening of both traffic and standard lighting. Again, a 3m high barrier is also provided for mitigation of noise and views of lights from Ms. Coughlan's property. Again, that barrier, as I have stated previously, runs alongside the local service road from where it meets the existing county road down to meet the internal circulatory road and then continues to an area east of Ms. Coughlan's property. That provides for the main streaming of traffic as it would be exiting the service area along here which could have an impact on that property. As the objections by Nagle Agricultural Consultants on behalf of William Cole and Jordan Auctioneers on behalf of JJ O'Neill had been withdrawn these were not dealt with further by MrBurns.This concluded Mr.Burns evidence. 4.0 Continuing Questioning by the Objectors 4.9.1 Mr.Burns Questioned by Mr. Hughes . Mr.Burns confirmed that he had seen the photographs, in relation to the current views enjoyed Ms.Coughlan, taken by Mr.Hughes and was familiar with the property.He confirmed that between the 2m high security fence offset at approximately 5m from the existing boundary what was proposed at that location was to actually thicken up the existing hedgerow which defines the boundary of that property. So there was planting proposed, basically, between that fence and the boundary. But if requested then that planting could be removed. Mr.Hughes suggested that once this fence goes up there would be loss of amenity as a result of the fence being constructed? Mr.Burns pointed out that while each individual little bit of the development could be focussed on, in essence what was said in the EIS was correct, in that there is a substantial change to the visual amenity of the property. That is not being debated. It was acknowledged that in the EIS and it is a property where the impact was assessed as being significant.

135 Hence the proposed mitigation measures,He considered that they are appropriate and substantial in terms of mitigating that impact. While that loss of visual amenity is there in the construction and in the early operation stage, the mitigation measures will ensure that while the visual amenity changes it is not a negative change in the longer term context of the views from the property. There followed a lengthy exchange between Mr.Hughes and Mr.Burns on the impact which would occur as a result of the proposal with Mr.Hughes querying the location of the fences,the material used in their construction and details of the maintenance measures and access to the areas to be maintained.He complained regarding the level of detail on the drawings and said that he Mr. Burns were in total disagreement as to the impact of the landscaping. Mr.Burns pointed out that landscape is not like a building, it doesn't arrive day one in its completed form.it needs time to mature, it provides a gradual change in an environment.In response to Mr.Hughes he said the beginning of the change was the M9 Motorway. They had assessed the construction and the early operation stage on this property as being significant. In the longer term the impact on this property will be mitigated. Mr.Hughes asked if there was a site layout for the proposed site as regards the impact of light pollution. Mr.Burns responded that there was not a site layout showing the individual columns. There is a drawing in in the Preliminary Design Report (TJSARES09PDR16). It shows the level of lighting which is provided both at the interchange, within the circulatory road and within the service area itself.In a further response to Mr.Hughes,he said that he height of columns is already stated .The columns on the interchange and on the motorway section will be 12m high. The columns on the access ramps and within the service area will be 10m high. Mr.Hughes further questioned the lack of design details on this aspect and Mr.Burns responded that he had actually assessed the impact of the light on the property. The light is designed to provide a minimum illumination of a road surface. The actual spacing of the columns will be dependent on the final height of the columns, the maximum height and the location of which he had already given. Mr.Hughes asked if Mr.Burns would agree there would be a huge difference in the level of lighting that currently being experienced versus what is proposed? M.Burns responded that. “Lighting is quite a technical and complex area.

136 There are two basic issues, basically, with the lighting if we look at it and that is do you have a view of the lightbulb or do you not? The easiest way to look at this is if you are driving a car you see the effect of illumination but you don't see the actual lightbulb, so you have no glare, you have no disturbance on your eye. The corollary is if you meet a car coming you see the headlight and you see the light bulb and that is what causes the glare and that's what causes the particular impact. So, the critical mitigation measure here, and there are two of them, is, first that the light fitting is an appropriate light fitting. By that I mean the lightbulb has to be housed within a complete flat glass cut-off light fitting. And these are now what you would see typically on road schemes around the country. And the effect is quite dramatic over the old style light fittings, where you actually saw the entire lightbulb and you got that glare and that glow effect. For instance, these light fittings have been fitted on the road between here and Naas at the moment and they are also on the M7 between Naas and Rathcoole. So, that is one element of it.The second element is the alignment of the light. There is actually no benefit and there is no wish by any operator to light an area that is not part of the carriageway. So the lights are actually designed that they actually throw light onto the carriageway and have almost zero light back behind them. You can see this effect commonly now as you drive around the roads, especially if it is in a mist condition or in a rain condition, you can actually see the angle of light a it projects down from the lightbulb and it is actually a very, very small angle. Traditionally, where you had older style lights, where you had the lightbulb projecting below the glass, then that light was being projected horizontally and you could see that from a much wider area.The final part of trying to mitigate the impact of light is by providing a significant amount of berming and landscaping. Because that kills off both the effect of light from both traffic within the actual development and, also, the effect of light on the ground, so you don't get the reflected light effect.I believe that the mitigation measures as proposed here are appropriate in trying to deal with the mitigation of what is and has been acknowledged as one of the principal visual impacts of the development.” In response to a further question from Mr.Hughes ,to deal with overspill rather than glare Mr.Burns said there would be no overspill of light. He pointed out that Ms Antoinette Coughlan`s property was located 30m from the nearest circulatory road where any light could possibly be so it would not extend into her property.

137 5.0 Evidence and Submissions by the Objectors 5.1 Submission by Martin Hayden on behalf of the Usk and District Residents Association; As a resident who lives in equal distance between Kilgowan and Crookstown on the main M9 I feel I am well placed to see the negative impact on the new motorway on the local community without a slip road at Kilcullen.Let me first start by clearly stating that I am totally in favour of the new M9 and I am delighted at its progress. However, I do worry about the impact on the local businesses who contribute so much to our area by being severed from the passing trade which has been their and their employee's livelihood. The Priory Bar and Restaurant is a landmark business in the area, one that I worked in for many years on a part-time basis. The service provided to the passing trade is a quality one. It is one of the few establishments that would be very well known by all of the Kilkenny hurling fans making their annual trips home from Croke Park or any race goer from the south returning home from a meet at Punchestown, Fairyhouse, Naas or the Curragh racecourse. It is this vital trade that brings much needed business to the area. A business like this, which is so dependent on passing trade, will struggle to survive if completely cut off by the new road. If you were to lose it from the community you will be losing building that is a focal point in the Usk, Broughall and Kilgowan area. On the other side of me we have the Crookstown area, which is home to the Crookstown Inn, the N9 Service Station and the Business Park behind it. This area is a hive of commercial activity due to the passing trade. They all employ local people and in their own way contribute greatly to the community; from sponsoring the local sports clubs fundraisers, to providing a venue for community meetings. The businesses, while surviving on a large percentage of passing trade, are a huge asset to the people of the area To me it makes no sense, in these difficult financial times, that we would let such industries, which provide great service to the local community and provide vital employment, go by the wayside. If this is allowed to happen you will also see a whole community go by the wayside. In response to the Inspector he said the Usk and District Residents Association. would cover, Usk, Broughall area, which is Kilgowan, it stretches down to his townsland of Blackrath and would encompass well over a hundred households 5.2 Submission by Cllr. Mark Dalton (for Deputy Sean O'Fearghail TD )

138 Cllr. Mark Dalton said that Deputy O'Fearghail and he both support fully the provision of the M9 motorway and looked forward to its completion.He continued in relation to the proposed Mototway Service Area “ In the current economic climate, public investment in as such an elaborate scheme is unjustifiable. As I understand it, the NRA intends to deliver this project, either by way of Public Private Partnership or by traditional Design and Build method with the facility when completed being leased to a suitable operator.While I have, obviously, been aware for some time of the NRA's policy in relation to Motorway Service Areas, I am nonetheless surprised at the scale of the project proposed here and extensive nature of the works that must be undertaken to access the development when completed. Whatever about the scenario in the event of the development being delivered by way of PPP, and it is highly questionable in the current environment if private funding can be accrued, having regard, for example, to the difficulties that are being experienced by those interested in developing Co-located Hospitals,the traditional Design and Build method would involve the NRA and ultimately State carrying the cost of what is likely to be an extremely expensive project.At a time when the National Development Plan is being reassessed and when critical projects are being prioritised, the project, which might be considered desirable by some, can hardly be regarded as essential and should take its place in the queue behind other necessary projects awaiting funding. The development of an online service area, as envisaged, would impact negatively on existing service providers in the area and would lead to significant job losses and therefore would impact negatively on the local economy. Just by addition we would point out the surprise in relation to the, and I did remark on it yesterday, the socio-economic impact on the area and the failure, as I would see it, in the reports to date to take that into effect in this rural area. The construction of Motorways and By-passes across the country have, with few exceptions, had a positive impact on the environment of the towns and villages, where local communities have been able to reclaim their own towns and villages. Service providers in such areas have benefitted from reduced congestion and greater accessibility in situations where they have about them in the local area critical mass in terms of population to support their enterprises. In close proximity to the proposed Kilcullen M9 Service Area, there are a small number of long established, reputable and high quality service providers where enterprises depend, in the main, on trade generated by the M9. Enterprises such as Wall's Priory Restaurant

139 and Bar at Kilgowan and the Crookstown Service Station have provided services to the travelling public over decades. The services provided are of a high standard and these two businesses are very significant employers in this dispersed rural area. Other businesses that would be affected included the Crookstown Business Park and the Crookstown Inn, each of which are heavily dependent on passing trade and it is my opinion that the Motorway Service Area, as proposed, would be irreparably damage these enterprises given that there does not exist in the area a sufficient population base to adequately support any of the businesses in question. I am gravely concerned as a representative of the people of this area that Motorway Service Area, as proposed, would lead to the displacement of long established businesses with consequent job losses and serious damage to the local rural economy. Experience on the Continent would suggest that such areas provide for virtual monopolies, wherein services are provided at inflated prices, contrary to the best interests of the consumer. Travel distances on the Continent are such that the provisions of such service areas, as envisaged here, are necessary; nonetheless personal and anecdotal evidence would suggest that the cost of using these facilities can be considerable. As I understand it, the National Roads Authority will prioritise this and other online service areas in the signage that they erect along the M9 and other motorway routes, there is a sense, therefore, on the part of the local business community affected by the proposal that the NRA, on behalf of the State, is involving now in a process which will effectively render them redundant and which will give preference to online service providers, who will then have an effective monopoly. It has been demonstrated time and again in this country that monopolies are not good for the consumer. The development of a service centre as proposed is unsustainable on planning grounds given the proposal to erect extensive structures in the locality where there are currently high quality, long-established service buildings in existence. Were a householders, for instance, to seek to construct a second larger or specially designed house here, or in any part of Co. Kildare, the County Council and An Bord Pleanála on sustainability grounds would certainly refuse them planning permission. The same principle should apply in this instance, not least when one considers the fact that the development involves the replacement or displacement of existing services, which could otherwise be made accessible to users of the new road system at, it will be argued, a significantly lower cost.

140 In conclusion, can I say that it would not be beyond the ability of the NRA, if it were willing, to bring forward a design that would link the existing N9 to the new M9 in a manner that would render the existing services readily accessible to motorway users.The Motor Service Area, as designed, is a proposal symptomatic of the Celtic Tiger era, where full employment prevailed and funding was readily available. Thank you. Evidence and Submissions introduced by Mr.McGree on behalf of Seamus 0'Reilly, of Crookstown Service Station and Thomas Wall of The Priory, Mr.McGree said his clients Seamus O'Reilly and Tom Wall, would make a brief presentation.This to be followed by briefs of evidence from Bill Forristal and Liam McGree He said had already submitted a list of persons wishing to make submissions on behalf of his clients and these submissions would follow. 5.3 Submission by Mr. Tom Wall of the Priory at Wall's of Kilgowan. Mr. Tom Wall said his family had been at the Priory since 1959. “We have built up a business over the last 50 years, serving food for the last thirty. With the way the pub trade has gone in the last few years we have concentrated on the food side, which is 75% of our trade, of this 80% is passing trade. As was said already, we are a landmark pub on the N9, it has been a halfway house for years.We had a meeting in 2002 with the NRA and we told the we were willing to go the route of services, but they told us there would be no services on the M9, that all traffic would have to pull off the motorway for services. In 2006 we were told that they wanted services every 50km and we again told them that if we got a slip road we would go the route of the services again. At that stage we were told, and since then, that there wasn't enough room for a slip road. With the evidence that Liam will give, or Bill, there is plenty of room for a slip road there. It can be seen in photographs. Mr. Maher said yesterday that businesses on the N9 weren't very forthcoming with suggestions. He is dealing with the M9 services as if the road is already opened. We are dealing in the here and now. He is right when he says there will be no competition between the M9 services and the businesses on the N9, because when it happens we will be closed. The traffic on the N9 now will be the traffic on the M9 in 2010 and with the layout of the new southbound connection for the N9 people are not going to use the slip road at Kilcullen, then turn down onto the Athy road and the go to a roundabout to get down onto the N9 to come to us. The NRA's response the objection reference SO91032 is to say that to avail of facilities

141 that are a significant remove from the motorway is not true. We are 80m from the motorway and are almost parallel to it all the way from The Priory, past Crookstown Services to the Mullaghmast turn off. Ms. Cliona Ryan in her evidence about planning said development of the services site is subject to a consideration of the provisions of the Kildare County Development Plan 2005-2011 and she can't guarantee that the council won't change the Development Plan to suit, the same way as the NRA did. Also, the ten minute drive time area, where she said that she felt there wouldn't be a negative effect on the local settlements, well we are within the ten minute drive time area and nobody from the NRA or Declan Brasill & Co. ever called to us or any of the businesses along to the Mullaghmast turn off to find out what the negative effect would be on our business. I wonder why that is? Also, the EIS report does not make any references to the existing businesses on the N9. This is also very convenient. If the finished upgrade at Osberstown -- this is what I just realised this morning -- is not envisaged until 2011 or 2012 how can the services be opened at the same time as the road? And if it is not, what are the alternatives? I have been to every politician that I could get, including the Minister, excepting some of our local politicians, who work very hard on our behalf, it seems to be a pass the book effort and see who gets it last and then when the last one is standing it starts passing it back. I have sat here for the last two days and listened to every piece of information about the proposed services and I have not heard any mention in real terms about the effect all this is having on the local community.My family have put their lives work into The Priory and as far as the NRA are concerned we don't exist. 5.4 Submission by Mr.Seamus O'Reilly, Crookstown Service Station. Mr.Seamus O'Reilly said he owned and ran the service station of Crookstown Service Station.He continued - “I have ran the garage for the last 31 year and I have between 30 at the low season and 35 to 40 at the high season people employed. If I can give you a kind of brief history, over the last years in particular, of my dealings and submission to the NRA. In 1978 we bought the garage and the important one is in 1994 -- these are approximate dates, 1994 to 2000 -- but in the year 1994 there was a proposed upgrade of the N9 in front of my old service station so between 1994 and 2000 we dealt directly with Kildare County Council, in particular, and in the end of 2000 we secured the site in front of us, got planning permission and at a similar stage, in December of 2000, the upgrade opened and in January of 2001 we started to build the station, which was complete

142 in August 2001. Midway through that, roughly in about May 2001, I became aware of the proposed motorway and, obviously, it was a shock to the system to realise that I had relocated -- that I had spent six years negotiating myself from the position I was in to the new site, and obviously under considerable expense as well, and to realise that this road was going to become redundant in whatever length of time, which is the road we are talking about at the minute,the proposed M9. So I blotted it out of my mind because, obviously, after spending that length of time and then the job at hand was to complete the station and open it, which was a big job. So, if I had to take something else on board I wouldn't have got it complete. Roughly, in the last quarter of 2001 I started into the situation of dealing with the proposed motorway. I met various different people and it trickled away on up until 2004, particularly which was the Oral Hearing for the actual motorway itself. At the Oral Hearing I made two proposals.there is an interchange called the Mullaghmast/ interchange and the proposal that I had at that stage was rather than position that interchange or link road there if they could move it northwards by about 1 km. It would be going through the same virgin ground, in fact probably even more level ground, it would still serve the same purpose but it would actually arrive out at a service station, albeit that it is my own, but I was concerned particularly because, and I will explain that later, 70% and 80% of my traffic is passing traffic.And at that stage I had been 25 years in business, that length of time, so I think I deserved some class of link back to it. Particularly when I didn't know anything about it. The other alternative I proposed was that if the first one wasn't forthcoming, right, that I could probably purchase land, a site, which was the least one I wanted to do, at the Mullaghmast interchange and relocate to that position. And, basically, both proposals were rejected and, as I explained in short here yesterday, when I asked the barrister who was representing the NRA at the time, as to why basically I was told at the time that the NRA policy was, in layman's terms, to funnel the traffic from the motorway to stations like mine and in that respect I wouldn't be anymore adversely affected than anybody else. So, basically, that particular point was questioned twice by the Inspector from An Bord Pleanála at the time on the first day. Then on the second day he allowed the barrister to, obviously, talk to the NRA about it, just to make sure that what he was saying was actually factual. He did come back on the second day to say, no, definitely we would not allow services online or at interchanges, but that what they would do to facilitate

143 me was to facilitate me with signage. So, that was fine anyway, I had to live with that and things went on. But in 2005 or 2006 the policy changed and then it changed completely 100% to services online. And obviously, again, it was a similar shock to the system, having asked the question then. But I was particularly annoyed about that because my appeal in 2004 was thrown -- well, not necessarily thrown out but it was parked to one side simply and solely because of the answer that I got from the barrister. Now, if that answer was - if the policy was as it is in 2006 I believe that maybe I would have and I believe the Inspector would have challenged it a little bit more at the time. But anyway. I basically went through the situation and thought about it and went back and viewed the whole situation again. Roughly between 2006 and 2008 I secured an option on two sites, oddly enough close to where this site is at the minute, the proposed site is, and I submitted those. I have an outline of them but they are in that general area, left and right. It was an option to by six to eight acres. My proposal was to build a station, again subject to planning permission and costs or whatever, but my proposal was to build a service station left and right on it.That, again, was rejected basically on the grounds that an individual, a private investor, a private developer or a private garage owner wasn't allowed to build those. The second thing was that the area of land was too small. Particularly the second bit I can't understand - and I think other representatives here later on might bring that and would be more versed in it -I can't understand the need for the level of ground. But that is somebody else's brief. So that was whatever, the second or third proposal that was rejected. So basically where we are here today is kind of the last throw of the dice. I spoke to Thomas Wall at that stage and oddly enough he was of the same feeling that I was; that all of the proposals that he gave were rejected as well. Even though his were his own ones, but they were similar as well. So we decided to put our heads together and maybe come up with something that would suit. And Liam or Bill Forristal, our representative here, will show you this slip road that we have actually proposed between four businesses on that road; ourselves, Walls, the Business Park and the Crookstown Inn. So that is what is in front of you today. Now, if you want to I can talk briefly about what that is. Basically, we have no objection to the motorway. We have no objection and I understand, being in this business for 31 years -- I am 51 years of age now and I am in it since when I came down at 20 years of age -- and it has been hard times to get where we are today, I do understand, and I think it

144 understand it more if not better than anybody else in this room today, servicing people on that road. And I particularly want to be part of it, I don't want to be put to one side. So I don't have any objection in principle to services. But I do believe that there is a way of both facilitating the NRA, the motorists, ourselves and, possibly, the Government or whoever else is concerned. So therefore. we came up with this what we term as a slip road. Obviously, we viewed the proposal that is in front of us here and, as you understand it, it is a left-handed -- it is a one-sided service station that is being proposed for the northern bound traffic. But for the southern bound traffic to access that they have to go over -- they have to go up a link road to, I think, a mini roundabout, go over an overbridge and similar direction on the far side and then go into, as I would describe, a massive area of land. Our proposal is that rather than build that, which our engineer will give you the costs on, at whatever the cost is, could it not be replaced by a simple slip road at,oddly enough, The Priory Restaurant/Pub. That's only as a landmark, not necessarily where his pub but that's just to describe it. And that is basically where the old N9 -- or the existing N9 passes over the motorway. There is a new bridge being constructed there. And if you look northwards, in the Kilcullen direction, there is a service road being provided there for the contractor and, basically -- and I am not saying necessarily in that shape or we are not saying in that shape -- but, basically, could it not be created that a slip road can come up there to meet not the existing road but to meet the old link road, which takes you back into Baronstown. And, basically,that would serve as a link road for the M9 to the road. Now, there would be considerable savings in that. And, again, our engineer will give you the costing on that. But there will also be considerable savings for us in the terms of our businesses and our jobs.Each one of us have probably an average of about 30 people employed so that is about 90 people between the three; as in the Wall's, ourselves and the Crookstown Inn, which are directly onto it, and John O'Reilly will obviously speak for the Business Park, there are about 90 people employed in there. So all in all, giving a round figure, there is about 150 people affected by this motorway. But if this proposal that we have in front of you were to go ahead all of those people would retain their jobs. In fact, to be honest with you, we are prepared to actually expand and cater even greater and it would be part of my proposal -- and in speaking to Thomas Wall it would have been theirs - we have proposed to the NRA that if we got any sort of a link road we would be prepared, which is the biggest problem for services, is to cater for the heavy goods vehicles. I

145 have extra land that I was prepared to put into it, Thomas Wall has extra land and the Crookstown Inn has a huge amount of land in front of it at the minute so they would be easily catered for. So that's the proposal that is there and the lads will give you the detail on it. Just to add an aside to all of that. The one thing that I can't understand is how -- it is a bit like going into the bank looking for the money, nobody can take into account experience. I can't understand it. Because if I had the experience I have today 20 years ago I would have made an awful lot less mistakes. And you understand that yourself, being in the job. How come nobody is quantifying that? The other thing, and I think one of the representatives there talked about it, the provision of tanks, underground tanks, all the stuff that is attached; the fuel; ; food control; health and safety, I have gone through every bit of that man's report on the tanks; the bunding walls around it; the spillage, all of that, I have gone through that to realise eight years later that it will be become redundant. I can't understand how people can wash that to one side.The other aspect is particularly to do with the fixed costs and really to do with, and Kildare County Council would probably be one of them, would be the rates, forexample. I pay on the site that I have here about 15,000 rates but that general site in Crookstown contributes on average about 30,000. And I would safely say, having been talking to Thomas about it,between the four businesses there is roughly about 60 to 70,000 of rates paid there annually. Now, that is rates. There is insurance. They are all fixed costs. And ESB. There is no way if I lose 60 to 70% of my business, or anybody else, that we can actually pay those sort of costs. Particularly I have dealt with Kildare County Council between 1994 and 2000 and, like all organisations or people that you deal with, you don't get 100%. I am not looking for 100% in here but I do believe there has to be a reasonable give and take on both sides. I would have to say that when I was finished in 2000 with Kildare County Council I went away and I was glad and I was happy with the dealings that I had done with to them, albeit that I mightn't have gotten everything I wanted. But I could safely say that I could walk in and walk past that place and be happy enough with the dealings. But I am disappointed, most definitely, with all of the dealings I have had with the NRA.Particularly because I treated them with 100% respect, I didn't abuse them, or whatever, but every time that I made a proposal I could nearly say the day I was going in that door or sending in that plan, or whatever, or getting the representative to represent me, be it the County Councillors or the TDs, or whoever it was, or an engineer, or whoever, that nearly that was

146 going to be rejected. Whereas I couldn't say -- and I am only using the Kildare County Council in respect to that, I could talk about insurances, oil companies, all of that, and I figure myself as being reasonable with anybody - as well as customers coming in there, that come into me, we deal with problems from 6 o'clock in the morning until 10 o'clock in day between staff and customers and all and you have to give and take. I cannot understand how the jobs, the position that we were actually on there, but particularly the point of this; that we actually have the service there at the minute, we are prepared to put the money into it and in whenever, 18 months or two years or whenever, or hopefully longer from our point of view, but whenever the road opens I believe that we will have the service there. I think as citizens of the country and rate payers and employers we ought to have that respect. I think that is where this country is falling down; that they don't have the respect for the ordinary businessman, small businessman. Except if you are an American you get all the rates and all the things free. But if you are an ordinary five eight businessman there are no concessions. That's really all I have to say. I appreciate you giving me the time to speak here today. I hope there is some compromise because at the end of the day I don't think it is good for us to be going down the road giving out about the NRA, giving out about the politicians because that's all negative. That's no good to anybody. And I would hope that if I got any sort of lifeline, particularly this lifeline to it, not alone would I retain the jobs that I have there but I would actually create more jobs. In response to Mr.McGuinness ,who set out the legal position of the NRA and expressed his concern as to how proposals,not forming part of the present scheme,might be presented by way of submission or evidence and dealt with,the Inspector said,while he wished to hear details of any alternatives available and rebuttal by the NRA,in making his report to the Board,only matters properly properly before the oral hearing would form the final determination. 5.5 Evidence of Mr.Bill Forristal, Buckeridge Forristal Partnership, Consulting Engineers.

Mr. Forristal, said that in the initial proposals for the upgrading of the N9 it was the clear stated policy of the NRA to provide no services on-line on the new roadways and to further ensure that the proposed junctions would not become service areas. Existing services were to be signposted from the new route and the public were to be directed to the existing local

147 road networks for same.At some point in recent years this policy was reversed and it now appears that the NRA are committed to providing stand alone on-line services which are isolated in respect of local communities and ensuring that local roads are only utilised at the start or end of journeys. It is clear on reading the EIS that alternatives were considered only within the context of the new policy and there is no assessment or acknowledgement of the possibility that services could be provided by alternative means. It is also clear that the potential impacts on commercial activities were considered only in respect of larger communities and the commercial impact of the policy change on existing service providers outside these larger communities was simply not considered. My clients have asked that I examine an alternative which allows access to the existing services, considering the practicality of same and also the capital costs associated with the current proposal and with possible alternatives. The alternative examined is to provide an exit ramp for southbound traffic adjacent to Kilgowan, accessing services at a number of locations on the existing N9 within a short distance before rejoining the M9 at the next Junction. Section 3 is Costs of the present proposal. While not in the text, I stress these are budget costings and I present them form comparison purposes, basically, as I don't have access to the detailed costings that the NRA have. The costs of the present proposal comprise the following key components: - Land acquisition costs - Access works (ramps, , bridge) - Bulk Earthworks to reshape site - Development of on-site Infrastructure - Development of off-site infrastructure - Construction of Buildings & Forecourt Facilities - Construction of Parking Areas I have included within the text a table showing my estimated breakdown of the budget costings of each of these items, excluding - again I will stress I don't have access to some of these numbers so I am putting estimates based on my best information -- totalling a cost of 12.5 million for construction and development of the site and totalling a cost of up to 3 million for land acquisition associated with the site. I point out that Table 3.1 above provides a budget breakdown based on the proposal drawings available. It concludes a total cost of 15.6 million for works and land acquisition. In section 4.1 outline an alternative to the NRA proposal.The possibility of

148 utilising existing services close to the motorway route has been considered and a number of options exist. One option which we feel is most realistic and which complies with the original policy of accessing local services is to provide an exit ramp at Kilgowan for southbound traffic, allowing access to existing transport services at the Priory and at Crookstown via the existing N9.The key points of this proposal are as follows: - Ramp off M9 southbound to access local road at Kilgowan - Travel via local services on old N9 to Athy/R747 link - Rejoin M9 at junction for Athy - The Total Trip length on the old road would be 10.5 km for this particular stretch versus 9.5km on the Motorway - The difference in total travel time along the route, ignoring, obviously, the access to the service itself, is 3-4 minutes. The route proposed is illustrated on 0612-sk-01 appended, which is the first appended map behind the text. It is basically the discovery map with the extent of the route marked in red, showing the old N9 being used and the link road back to the M9 and the equivalent section of the new M9 marked in blue on the same map.Two alternative proposals with regard to the off- ramp detail are illustrated on 0612-sk-02 and 0612-sk-03, both appended also. They are at the back of the report. They are basically the same proposal in respect of a ramp with a slightly different treatment of the junction in each case. This proposal would allow the service area for northbound traffic to be scaled down and would eliminate the need for a motorway bridge. Table 4.1 on the following page develops the budget costing for this proposal, on the same basis as the original costings. On this basis the budget cost of a new facility for northbound traffic totals €8.6m which when added to a cost of €0.5m to enable access to the existing N9 services, gives a total cost of €9.1m as against a cost of €15.6m for the NRA proposal. Again while not in the text I stress these are budget costings for comparison and I won't guarantee that every item of them is exact. Table 4.1, which is on the following page, basically gives the breakdown of those figures and in doing so I have assumed 60% of the cost of creating the total service station applies to creating a service station for northbound traffic only. In Section 5.1 am dealing with the capacity of junctions. The NRA

149 consultants suggest that it is inappropriate to mix motorway and local traffic. This appears to be a statement of policy, rather than an engineering or safety derived decision. This separation may be appropriate where high traffic volumes would result in ramp and roundabout capacities approaching critical figures. The M9 has always been considered a low traffic volume route and in many countries would not have warranted a motorway solution. The EIS suggests that even using long term traffic volumes, the roundabouts are only operating at a fraction of capacity. Given the small volume of traffic that will use services the mixing of this with local traffic does not present significant capacity or safety issues. Section 6 is Travel Time and this is dealing with the alternative routes.The alternative route for southbound motorists seeking services is 10.5km long approximately along the existing N9 in place of 9.5km of motorway, adding of order 3 to 4 minutes to travel times, which in the context of accessing services is not significant. In section 7 I am dealing with Traffic Volumes, Accessing Services & Financial aspects of same.The EIS estimates an AADT on the M9 of order 28,928 in 2025 and bases the volume accessing services on a "conservative and robust" rate of 12%, i.e.3,472 vehicles per day for capacity calculations. If we are to assume that the capital cost of the facility is repaid by earnings from service users, then over 15 years an "additional" income in excess of €100,000 per month is required to finance the development. Assuming an actual average usage of 2,500 vehicles per day - because we are looking at the full 15 years, rather than the end of the 15 years -and assuming only 60% of these use paid services, this implies 45,000 maximum paying visits per month, an additional €2 to €3 per car visit will need to be "charged" in some way within the facility to meet the finance costs. I note that the 60% "paying customers" rate used above is probably generous as by reference to the TRL Report 441 on Turning Movements at Motorway Service Areas only 20% of motorists surveyed gave their main reason as stopping for fuel. I also note the NRA's predicted flows possibly misrepresent the southbound demand as all references in the report are to distance from the M50. In this context this will be the fifth service area encountered on leaving the M50. There were four existing service stations located on and immediately adjacent to the N7 between Rathcoole and the M7 at Naas. I note that in addition to the need to generate significant additional income to finance the construction and fit-out costs, the operator/lessee of the property will also presumably have to bear the full cost of operating and maintaining the

150 whole facility, much of which is intended to serve non-paying customers. There is, in terms of the financial aspect of this, I think a real danger that the facility will either be poorly managed due to shortage of funds or will become a State subsidised facility funded by the tax payer or toll payer. 6.0 Mr. Forrestall, Cross-examined by Mr.McGuinness. 6.1 In response to Mr.McGuinness , Mr.Forrestal said he had not represented Mr. O'Reilly and Mr. Wall at the previous oral hearing.He said he was aware of their proposals in relation to 2004, but was not aware of the detail. He was aware that the M9 was subsequently approved and is under construction at present.He confirmed that he has designed sections of public road.He confirmed that his design standards were to the same standards as the slip roads that were designed for the new facility currently proposed by the NRA. Mr.McGuinness presented two maps to the oral hearing.With reference to the first, SK06, he pointed out the Kilcullen interchange on the left-hand side of the map and the route of the M9, as approved, in grey.The location of the proposed service area is shown in red and the old N9is in green and goes southward and then it goes down to the Mullaghmast interchange. Mr.Forristal agreed with this.In response to Mr.McGuinness that the slip road he proposed was the existing haul road used for the construction of the M9, Mr.Forristal said it was not the existing haul road that he was referring to,but agreed that it was located in the vicinity of the haul road. With reference to the second large-scale location map showing the existing N9, the diversion route now proposed coloured in red and showing The Priory and Crookstown Filling Station ,with a link from the Mullaghmast Interchange currently under construction Mr.McGuinnees put it and Mr.Forristal agreed that this together with the Kilcullen Interchange was the scheme for the M9 approved by the Board and currently under construction Mr.McGuinness pointed out that this scheme catered for all movements of traffic, northbound and southbound ,wishing for whatever purpose,to exit and rejoin the M9 in this locality. Mr.Forristal accepted that this was possible. In a further response to Mr.McGuinness,Mr.Forristal confirmed that in direct evidence he said there is a drive time difference of three-and-a-half to four minutes between the two road alternatives proposed, based on average speed on the motorway of 110kph and average speeds on the local road of

151 70kph.He had checked the speed by driving the section.He did not accept Mr.McGuinness`s assertion that a difference of ten minutes would be more correct.He agreed that the proposed slip road only provides for access in a southbound direction to the services.That it was neither a fully on-line nor a fully off-line proposal, it is a mix, as such.He said it probably does not meet current NRA policy of having fully on-line services.He accepted there was a logic to the on-line policy currently proposed by the NRA . In the context of this particular service scheme area,he accepted this was part of the NRA's policy in relation to all of the motorways. In response to Mr.McGuinness that his proposal was not part of a national policy in any sense,Mr.Forristal said in his opinion, their proposal was compatible with the previous policy of the NRA, which had changed, and might change again . In response to Mr.McGuinness that he appeared to be critical of the EIS, Mr.Forristal said that while he was not an expert in this field,he had been surprised that the starting part for the EIS was a policy which evolved in 2005, and that the impacts were considered from that point, which seems to be a middle point in the argument rather than the start of the argument. Mr.McGuinness suggested that with a a policy for the provision of on-line services, not just for the M9 but nationally it would be completely inconsistent to seek to either develop off-line services. Mr.Forristal said that may be the case for the NRA, it should not be the case for the EIS.His understanding was that the EIS considered alternative site locations but not alternative solutions. He agreed with Mr.McGuinness that the existing N9 is a substandard single-lane carriageway with double white lines, no hard shoulders or margins and much of the section is limited to 80km,by virtue of its current and alignment and with no overtaking allowed on part of it.He said he was familiar with accident statistics and would not dispute that accident rates on this type of road are approximately five times higher than on motorways,but pointed out they were not suggesting its continued use as a national primary road. He agreed that the land required for their proposal was not within even the proposed and approved M9 motorway take.He agreed the proposal would require a new motorway scheme.He was not aware of any road authorised to be built off a motorway to give direct access to two private businesses. He agreed the proposal would require additional land-take.He did not agree with the NRA position regarding mixing motorway traffic with local traffic

152 saying - “my point is, basically, that these are low-volume traffic roads relative to international motorway standards and that to make a universal statement that it is not appropriate to mix them is a judgment that I would not fully agree with.” Mr.McGuinness postulated that the services that were proposed under Mr.Forristal`s scheme were not comparable to the services proposed at the service area, the subject matter of this hearing and went on to detail the deficiencies both in facilities provided and access.MrForristal said that while there were deficiencies these could be addressed in he future.He was not,however in a position to detail these nor was he fully aware of what Mr. O'Reilly and Mr. Wall have both offered to the NRA in terms of upgrades. 5.6 Evidence of Liam McGree, Liam McGree &Associates, Planning Consultants Mr. McG ree - said that in relation to "The Proposed M9 Kilcullen Service Area”, the Environmental Impact Statement submitted in support of this proposal states that the proposed M9 Kilcullen service area will provide facilities for M9 road users who wish to take a rest during their journeys and/or use fuel, toilet or food facilities.The proposed development would be located on the M9, primarily in the townland of Kilgowan approximately 4.5km to the south of Kilcullen, in County Kildare. The proposed service area would provide parking areas for passenger cars, heavy commercial vehicles (HCV's)and coaches. Fuel station facilities would be provided along with a convenience shop, restaurant, toilets, showers, indoor and outdoor children play areas and tourist information kiosk. Recreation and picnic areas are also to be provided within a landscaped environment. The service area facilities will be provided on the western side of the M9 motorway. Public access to the service area will be restricted to direct access from the M9. Access to and from the southbound carriageway will be via an over-bridge. Restricted access from local road network into each site will be provided for employees and emergency vehicles only.” He said he had been instructed by Mr. Seamus O'Reilly of Crookstown Service Station and Mr. Tom Wall of The Priory Bar and Restaurant to review the proposed development of the M9 Kilcullen service area at Kilgowan, Co. Kildare.In particular, his brief w as to review the potential impacts of the proposed development on established businesses at Crookstown Service Station and the The Priory Bar and Restaurant.

153 The Priory/Walls of Kilgowan This premises is situated on the Dublin to Waterford road (M9/N9) between the towns of Kilcullen and . The property has a prominent position along this main arterial corridor. The continuing upgrading of the national road network has resulted in increasing passing traffic at this location.The Priory/Walls of Kilgowan, has been in continuous operation by the Wall Family since 1959. This multi award winning Black & White Pub of the Year is a well known landmark and has a renowned reputation both locally and nationally for its food and drink. The property comprises a large detached building with bar and food service areas, restaurant with seating for 50 people, plus carvery lounge with seating for additional 80 people, kitchen and food preparation area, ancillary accommodation, together with a part enclosed courtyard smoking area The premises extends to 567 square metres or just or 6,000 square feet, and there are a large number of outbuildings, including beer storage situated within an enclosed concrete yard to the rear of the premises. There are also a number of large agricultural outbuildings to the rear. The entire property extends to circa 2.270 ha (5.61 acres) with a large car parking area to the front of the property. The business employs 36 persons, both full and part- time. A significant proportion of the business is generated from passing traffic on the existing N9. Crookstown Service Station Crookstown Service Station is a large service station located on the existing N9 which offers a range of services to the travelling public.The service station provides a parking area for vehicles, fuel station, a convenience shop, hot and cold food counters, seating for patrons, toilets and ATM facilities. The majority of customers using the service station are motorists using the existing national road network with only a small proportion of the business supported by the local population. Mr. O'Reilly, the proprietor, estimates that in excess of 70% of the business currently transacted at the Crookstown Service Station is dependant on passing traffic on the adjacent N9. There is also a business park located to the rear of the service station, Crookstown Business Park, which offers a range of services to the travelling public which will be impacted by any significant reduction in the volumes of passing traffic.

154 The owner of this service station has invested considerably in the development of this facility on the basis of assurances given by the National Roads Authority that there would be no new service facilities along the Kilcullen to Powerstown Road Scheme and that traffic along the new road would be signed to existing services in nearby towns and villages, and located along the existing N9, diverting traffic from the new road to existing service locations. The business employs 25-30 persons in both full and part-time positions. The number fluctuates between 25 and 30 depending seasonal variations. this figure can rise to maybe 40 persons on particularly busy weekends. Passing traffic on the N9 supports the wide range and scale of services provided at this location and the considerable level of local employment generated by this business depends to a very significant degree on this passing traffic. The continued viability of this business would be seriously jeopardised by the diversion of business from this location to the proposed service area at Kilgowan. Environmental Impact Assessment of the Kilcullen to Powerstown Road Scheme The Environmental Impact Statement for the road scheme was completed in October 2003. Section 6.4.1 of the EIS stated that:- "In overall terms, the impact on business and economic activity will be positive, arising from improved accessibility. However, existing business activities, such as filling stations, that depend significantly on passing trade are likely to be negatively affected because of the reduced levels of passing traffic. The impact is likely to be most significant on businesses located on the existing N9 (though it may affect some businesses on the N78 also). These include petrol service stations, plant nurseries and restaurants. The impact on such businesses is likely to be greater where there is little local traffic and where they are located at a distance from proposed interchanges. At present, there are no proposals to provide service facilities along the scheme, so some traffic may be expected to divert from the new road to avail of local services.”

Changing Policy in Relation to the Provision of Service Areas on Motorways and High Quality Dual Carriageways “As stated previously, businesses on the existing N9 at Crookstown and Kilgowan were given assurances by the National Roads Authority that there would be no new service facilities along the Kilcullen to Powerstown

155 Road Scheme and that traffic along the new road would be signed to existing services in nearby towns and villages, and located along the existing N9, diverting traffic from the new road to existing service locations. However, this position changed utterly when the National Roads Authority reviewed its policy culminating in the publishing of a policy statement on the provision of service areas on motorways and high quality dual carriageways in October 2007. In 2005, the Authority was requested by the Minister for Transport to undertake a review of policy with regard to the provision of service areas on motorways and high quality dual carriageway sections of the national roads network. Arising from this review, the Authority announced a strategy to provide service areas at intervals of approximately 50-60km, where feasible or practicable, through a combination of facilities located on-line and off- line, ie, at or close to interchanges. This policy was amended in September 2006, when the Authority announced a revised strategy, in which the Authority would become directly involved in securing on-line service area facilities through open competitive tendering using the Public Private Partnership (PPP) mechanism. Thus, the M9 Motorway Scheme was assessed and approved having regard to one policy, which was that there would be no services on the motorway and that "some traffic may be expected to divert from the new road to avail of local services", whereas the current proposal assumes that services will be provided on the motorway and there would be little or no diversion of traffic from the M9 to existing services on the N9. This shift in policy means that the impact of the M9 and the associated M9 service area on existing businesses has not been assessed in any meaningful way in either of the two Environmental Impact Statements. We contend that the Environmental Impact Assessment of the proposed development is deficient in a number of respects. Firstly, we suggest that the EIS lacked any meaningful consideration of alternatives. The NRA decided at a very early stage that the stretch of the M9, between the Kilcullen interchange and Mullaghmast interchange, was to be the study area for the M9 Kilcullen service area as it was judged that this location would:- - allow an equal distribution of service areas along the entire length of the greater road network,

156 - would support the NRA policy of providing service areas at intervals of approximately 50-60km, and

- would serve traffic from the Athy link road. This point was confirmed by Mr. Ernie Crawford in his evidence to the oral hearing on 10th March 2009, when he stated that the NRA had set their policy in relation to the location of motorway services and had determined that the services would be located on the motorway between the Kilcullen and Mullaghmast interchanges before preparation of the EIS had even commenced. Despite the fact that the NRA had originally proposed a combination of facilities located on-line and off-line in their 2005 policy document, no consideration was given in the EIS to the development of any off-line services. The EIS did not apply normal alternative assessment procedure in that the 'Do-Minimum Scenario' was not considered, and alternatives such as locating service off-line or at existing/proposed junctions, such as the Mullaghmast interchange, were not considered. We suggest this is a fundamental flaw in the EIS as these businesses were previously given assurances by NRA that traffic on the new road would be directed to existing services by a signage at each of the proposed junctions and interchanges. These assurances now prove to be worthless and damaging as the shift in the NRA policy from off-line to on-line services will have a very significant negative impact on the viability of established businesses on the N9, but this has not been recognised in any way in the submitted EIS. Secondly, the EIS does not contain any references to existing businesses located along the N9 which would be impacted by the proposed service area. The EIS states at section 6.1.2 that the EPA Guidelines on the Information to be Contained in the EIS recommend that under the heading 'Human Beings' the following issues should be examined:- " Economic Activity - will the development stimulate additional development and/or reduce economic activity and if either, what type, how much and where?" However, the EIS in this instance fails to list any of the existing businesses along the N9 which will lose trade due to the provision of the proposed on- line service area. It was confirmed at the oral hearing on 10th

157 March 2009, by Pat Maher of the National Roads Authority and Cliona Ryan of Declan Brassil and Company, that:- - existing businesses along the N9 were not surveyed or mapped,

- the EIS does not contain any information on facilities or floor space of existing businesses along the N9,

- the socio-economic assessment of the proposed development did not identify the numbers of persons employed in existing businesses on the N9,

- the NRA does not have any data on the turnover of these existing businesses,

- no attempt was made to estimate the amount of turnover that was attributable to passing traffic,

- there was no assessment of the loss of trade that might result from the development of a service area on the motorway at Kilgowan, and

- the EIS does not assess the importance of these businesses to the local economy. Mr. Pat Maher's submission to the oral hearing states that "existing facilities and the proposed new service area will cater for two distinct and largely mutually exclusive markets" and that " the opening of an on-line service area will not attract significant further business away from existing establishments". However,the EIS suggests that up to 3,471 vehicles per day would use the proposed petrol station, restaurant and rest stop on the motorway. We contend that it is inconceivable that a significant proportion of these 3,471 vehicles would not use existing restaurants and service stations in the area if the proposed motorway services at Kilgowan were not developed. In the absence of any detailed consideration of this issue in the Environmental Impact Statement, the NRA's statements on the extent of likely trade diversion is nothing more that unsupported conjecture which is contradicted by logic and the experience of existing service providers in the

158 area. The scale of the potential impact of the proposed development is demonstrated by the fact that two bars and restaurants and one service station on the existing N9 at Crookstown and Kilgowan employ 91 staff between them, whereas the proposed petrol station, restaurant and rest stop on the motorway would only support 30 to 40 jobs, resulting in a potential net loss of 50 to 60 jobs in the locality. We therefore contend that the EIS is flawed in that it does not achieve one of the most basic requirements of an EIS, which is the quantification and assessment of impacts of the proposed development on established economic activity, employment and service provision in the area. Contravention of the Kildare County Development Plan The following policies are detailed at section 3.1.4.3 of the Kildare County Development Plans 2005 - 2011. NR8 To Support the provision of Motor Service Areas geerally at Kill, Mullaghmast and Mayfield Interchanges. NR9 To further investigate the potential for appropriate development at the various interchanges throughout the county having regard to IFPLUTS, RPGs,the primacy of the locations identified in Policy NR8 and policy ED34 under Chapter 2,section 2.4.9, broad economic factors and proper planning and development.In this regard the following interchanges will be examined - Nurney Rd.,Newhall,Millenium Park, Kilcullen, Celbridge, , Johnstown Bridge, Kill, Johnstown, Maynooth, Monread/Maudlins,Mayfield.And the resultant study in relation to the identified interchanges will be completed within two years of the making of the County Development Plan. The NRA Policy Document on the provision of motorway services states that the Authority proposes the provision of services at intervals of approximately 50-60kms. The junction at Mullaghmast Interchange is 54.6kms from the M50.Therefore,the location of motorway services at the Mullaghmast Interchange would support the NRA policy and would be consistent with the policies of the Kildare County Development Plan. However the EIS submitted in support of this proposal did not give any consideration to that location as it assumed from the outset that the proposed services would be located away from the already approved junctions and interchanges. We contend that this amounts to a material contravention of the Kildare

159 County Development Plan,as the Plan clearly envisaged the location of motorway services at Mullaghmast Interchange.If the proposed development is approved then the County Development policy of locating servicesat Mullaghmastwill not be realised. Summary and Conclusions Having regard to the foregoing,we respectfully request the Board to refuse to confirm the proposed scheme for the following reasons - Owners and operators of existing businesses dependant on passing traffic have invested considerably in the development of facilities along the existing N9 on the basis of assurances ginen by the NRA that there would be no new service facilities along the Kilcullen to Powerstown Road Scheme. The NRA had previously stated that signage would be erected at all new junctions diverting traffic along from the new road to existing services in nearby towns and villages and located along the existing N9,which depend on passing traffic to support the range and scale of services provided at these locations. The Environmental Impact Assessment of the M9Kilcullen to Powerstown Road Scheme stated that”existing business activities such as filling stations that depend significantly on passing trade are likely to be negatively affected because of the reduced levels of passing traffic.The impact is likely to be most significant on businesses located on the existing N9” However,the EIS submitted in this instance is entirely silent on the impact that the proposed development might have on these existing business activities,despite the complete reversal of policy in relation to the diversion of traffic from the new road to avail of existing services. The Environmental Impact Assessment is flawed in that it does not achieve one of the most basic requirements of an EIA,namely the quantification and assessmemt of impacts of the proposed development on established economic activity,employment and service provision in the area. The EIS does not apply normal alternative assessment procedures as the 'Do- Minimum Scenario' was not considered, off-line locations were not considered as part of the site location process, and alternatives such as locating services at or close to existing junctions, such as the Mullaghmast interchange, were not considered, despite very clearly set-out Local Authority policy supporting the development of motorway services a the Mullaghmast interchange."

160 6.0 Cross-examination by NRA Continued 6.2 Mr.McGree Cross-examined by Mr.McGuinness In response to McGuinness in relation to the assertion that 70% of Mr.O`Reilly`s business at Crookstown Service Station is dependant on passing traffic on the adjacent N9, Mr. McGree accepted that the volume of traffic moved from the old road to the new road, is caused by the new road not by the services on the new road. In relation to the signage to be provided he said he wanted to await Mr.Maher`s further response on this,which would be given in later evidence. McGuinness suggested in reality what the objections were masking is that they are in fact were still complaining about the M9 proposal which will remove the traffic and the business that the old road brought. Mr. McGree What they were asking is that the loss in traffic that would not be further exacerbated by the provision of on-line services.In relation to turn-off rates, he said he would have expected that the turn-off rates might have been modelled. He would have also wanted the data produced in the EIS. McGuinness Continued, “moving to a different point,presumably you would agree that the correct study area was identified in terms of all the junctions which were listed in the table attached to the briefs of evidence that you have seen? Mr. McGree responded. “No, I would not accept that the correct study area was identified. You would have different catchments for different impacts. You would have very local impacts, such as impacts on maybe archaeology, for instance. You would have much wider impact areas for issues such as socio-economic issues. McGuinness “In terms of the study area, I want to suggest to you that the study area was an entirely appropriate one and the scope of the exercise is then to determine which is the best location for all the necessary reasons to locate your proposed development in? Mr. McGree “I would accept that any proposer of any development, whether it is the NRA or whether it is the private sector, will have a preferred option in terms of how the facilities might be located and where they might be located, you might consider a number of alternate locations, but I think the EIS requires - the requirements in relation to an EIS is set down in European legislation and transposed into Irish legislation - it requires in every instance, regardless of the proposer's requirements, that all reasonable alternatives are considered. In this instance, I accept that the

161 NRA considered some alternatives that might suit their particular r requirements, but I do not accept that the EIS considered all other reasonable alternatives.” McGuinness “Can I just focus on one criticism that you make, that there is no do-minimum scenario. The do-minimum scenario is, in fact, underpinning the whole process engaged here by the NRA, their consultants and the EIS, and the do-minimum scenario is not to provide on-line services. Do you understand that?

Mr. McGree “ I understand. I suppose, my experience, having worked in the preparation of certain EIS's and assessing EIS's, both in the private sector and for Local Authorities, is that there would be some base line presented, whether it is in relation to ecological issues or socio-economic issues, and that that base line would clearly establish what the situation is right now in advance of the project, and that then you could measure against that base line what the impacts might be at some point in the future.

McGuinness “ I want to suggest to you that that is precisely what is being done. In terms of the do-nothing scenario.You heard ,from Mr.Maher that the reasons for the review of the policy and the adoption of the policy in its latest form, was firstly they had reviewed the practice in other jurisdictions, and you would agree that is an appropriate thing to do?

Mr. McGree “ I would.” McGuinness “Secondly, he said there was a recognition of greater safety benefits deriving from the provision of on-line facilities. Would you agree that is an appropriate consideration?” Mr. McGree “ Yes, I would.” McGuinness “ The reasons he advanced for that, he offered the view that access directly off the main line is most convenient for road users and the increased convenience encourages more road users to use the service area by drivers who wish to take rest breaks or avail of the facilities. Would you agree with that? Mr. McGree “ I would” McGuinness “ The second reason he offered for that greater safety benefit was the greater the level of usage of service facilities, the greater the benefit in terms of reduced fatigue. Would you agree with that? Mr. McGree “ Yes, I accept that.”

162 McGuinness “He also said that access directly off the main line ensures the separation of longer distance high-speed motorway and dual carriageway traffic from traffic on the local roads, resulting in road safety and traffic movement benefits. Would you agree with that? Mr. McGree “ I would, in general terms, subject to what Mr. Forrestall has said previously. McGuinness “ A separate reason underpinning the policy was the necessity to provide for the rest needs of the road haulage industry, having regard to EU work time directives, etc, and regulations affecting the road haulage industry. You would agree that is a proper consideration?” Mr. McGree “ I would.” McGuinness “ There are not, perhaps, any facilities in Ireland, are there, that you know of, that provide for serviced areas for HCV drivers wanting to rest for eight or nine hours? Mr. McGree “ Not that I am aware of. That is not to say that they do not exist, I am just not aware of any. Mr.McGuinness “ One of the other considerations is that over the period of time of the development of motorways the NRA took the view that the needs of these road users, in particular, and the others, were not being met by the private sector; is that not right?“ Mr. McGree “ That was their assessment. Again, in reply to that point, I would say that Mr. O'Reilly, in his submission yesterday, did outline a number of approaches that he had made in relation to the provision of increased and improved services either at his current location or at alternative location.” In response to McGuinness ,Mr.McGree confirmed that his client did not at present,cater for long haul drivers to sleep over with their units and have facilities like that of any kind..Neither was he aware of such facilities being available at any other petrol stations in Ireland.He agreed that other considerations that Mr. Maher drew attention to - protection of junction capacity, greater availability of lands on on-line locations relevant considerations. McGuinness continued “ What he(Mr.Maher) also said, and perhaps you would not agree with this, is that in a planning context an on-line facility would not compete directly with existing retail facilities in the vicinity, unlike off-line junction locations. If the NRA had proposed an off-line junction location for their service area, presumably, that would have a greater impact on your client than an on-line facility?”

163 Mr.McGree : “ I would have expected that the impact of off-line services, as I would have also expected in relation to on-line services, that those impacts would have been modelled and measured. I would have expected a cost benefit analysis of the project. I think there are very few projects anywhere in the world which will not impact to some degree on other landowners, other businesses, other individuals within the vicinity, but I think you have got to measure the costs versus the benefits. In this case, I think you are listing all of the potential benefits of the scheme but you have nowhere in the EIS recognised any of the costs. I do not think we can realistically measure the costs against the benefits unless the information is set out. McGuinness : “You did not, in fact, answer my question, I will come back to it in a moment, but just sticking to the point that I want to deal with here, is I want you to agree with me that the do-nothing scenario, or the do- minimum scenario, underpins the whole of the NRA strategy, because they have identified, for all of the reasons given by Mr. Maher in evidence and elaborated on in the EIS, that the do-nothing scenario, not providing on-line facilities anywhere, is wholly inappropriate?” Mr.McGree : “ The do-nothing scenario in relation to socio-economic impacts has not been addressed anywhere in the EIS. I can find references to the do-minimum or the do-nothing scenario under various other headings in the EIS, in relation to what the situation might be if this development did not go ahead. I cannot find any reference to what the socio-economic base line in the area is and might be at some point in the future if the services were not developed on-line. McGuinness : “ I do not agree with that, because -- I just want to submit to you one last time that all of the reasons offered for the adoption of the policy, the rational behind it, are completely a logical and reasonable response by the NRA for the adoption of the policy. Mr.McGree : “ I can understand, and I accept, that the NRA has set out rationale for the project and a justification for the on-line services, in their own terms, but I would say that the NRA are obliged to provide and submit an EIS in relation to that project, and that EIS, along with every other EIS, is obliged to set down a base line of the existing situation and to measure the impacts of the proposed development against that base line situation, and particularly in relation to economic impacts, socio-economic impacts, that has not been done.” McGuinness : “ We will come to that in a minute, but I think that you

164 have conceded that in relation to all of the other areas, that has been done? Mr.McGree : “ I will not concede that it occurred in each of the other areas in the EIS, but there are instances in the EIS where the base line has been established. McGuinness : “ We can take any of the other experts, noise, air quality or ecology, they have identified the existing environment and they have assessed the predicted impacts, and they have looked at the proposed mitigation and they have come to a conclusion on residual impacts. That is the way it is done; is that not right? Mr.McGree : “ Oh, it is. I suppose, I am slow to agree with you entirely in relation to that point because I am not an expert in any one of those areas, but I do accept that in those areas there is an attempt at least to establish a base line, and I am assuming, in the absence of contradictory evidence, that the base line is correctly established. McGuinness : “ All right. Just going back to my earlier question, Mr. McGree, would you not agree that if the NRA had proposed an off-line facility, would your clients not be in a much worse position if they had located it at any of the junctions we have talked about or any of the locations we have talked about, because that service area will be in direct competition with Mr. O'Reilly.You would be in a much worse position because all of the local traffic and passing business left on the M9,not moved to the M9, would be available for that service area. Mr.McGree : “ Well, again, we would have to see those proposals and we would have to have an opportunity to assess them. McGuinness : “ You have gone on to criticise the lack of consideration given to development of off-line services. Just briefly, you would agree with me that where you have a national policy for on-line services there is no logic in investigating and assessing off-line services? Mr.McGree : “ No, I do not accept that.” McGuinness : “ All right, okay. In terms of the economic impact, I take it you disagree with the method of assessment carried out by Ms. Ryan? She has stated that she has conducted it in the appropriate way, having regard to the appropriate guidance documents and the retail planning guidelines. Is that not the appropriate? Mr.McGree : “ Not to my mind, no.” McGuinness : “You refer on page 5 to, as it were, sort of a summary of evidence of Mr. Maher and Ms. Ryan, but what you are complaining about there is, in effect, the loss in business brought about by the M9 and

165 not by the proposed service area? Mr.McGree : “ No, I do not accept that. I think, I would have responded earlier by stating that I accept, and the proprietors of these businesses accept, that there will be a reduction in passing traffic on the N9 as a result of the opening of the M9. We accept that, there is no question on that point. But, what is at issue is the extent to which traffic on the M9 might have diverted to utilise existing services and the extent to which that rate of diversion will be impacted by the provision of on-line services, and I cannot find anywhere in the EIS any assessment of that diversion. McGuinness : “It has been assessed to be not a significant impact. I think the position is you just do not accept that? Mr.McGree : “ On what basis, "not significant"? What are the figures? Where is the table? Where is the analysis?Where is the modelling? It does not exist. McGuinness : “ Moving on to what you said about the Kildare County Development Plan. You have heard the evidence of the Kildare Planner. You draw no attention to transportation objectives, you leave out objective NR 6, which both Ms. Ryan and Mr. Kenny have drawn attention to as underpinning their conclusion, inter alia, that the proposal is in accordance with the Development Plan. Why do you not refer to that NR 6 in your brief? Mr.McGree : “ I suppose, NR 6, to my mind and in my opinion, is a general policy, a policy in support of the general provision of services to the travelling public. I do not think that we have got any issue with that policy, but what we do have an issue with is the fact that NR 6 is developed by NR 8, which says that while the Council has a general policy of supporting services on the national road network, that, in particular, the Local Authority would encourage and would promote the development of motor service areas at three particular named locations. One of those locations, Mullaghmast interchange, is close to, but, in my submission, it is a very different proposal, a very different form of development than that which is here proposed. I think NR 8 is directly contradicted by the proposal that is on the table here today. I do not have any particular issue with NR 6. McGuinness : “ Is there any reason why you have not drawn attention to any other provision of the Development Plan? Mr.McGree : “ No.” End of Cross-examination of Mr. McGree. by Mr. McGuiness.

166 5.7 Further Submissions (introduced by Mr.McGree) on behalf of the Objectors The Inspector then allowed a number of further submissions on behalf of the objectors on the understanding that these would be brief and non- repetive.These are synopsized hereunder. Joe O`Flynn,Rathsallagh Golf Club Mr. McGree , said he had a one page submission from Joe O`Flynn,Rathsallagh Golf Club who was not now appearing.He confirmed that there was nothing in the submisson not already put before the oral hearing.The Inspector accepted the submission as being in the record of the oral hearing. J.J Cavanaugh &Sons Coach The second submission in writing was from J.J Cavanaugh &Sons Coach Hire and Mr.McGree read it into the record of the oral hearing.In summary this stated that relative people of Kilgowan and Crookstown, who have been availing of our services for many years, any increase in journey time because of lack of access to passengers will impact on our ability to do business. Jack Wall T.D. Deputy Wall said he believed the NRA are providing alternatives without giving the locals the opportunity to provide for themselves.If this proposal went ahead, he could see significant job losses, and all the problems that that is going to generate.He asked that in natural justice, they be given the equal opportunity with the NRA, who are providing the alternative without offering the local community their alternative to survive in those circumstances. Cllr. Martin Miley. Cllr.Miley expressed his concern as to how this development would impact on the local community and businesses in the area. Jimmy Quinn (former President) of the Irish Road Haulage Association Mr. Quinn said they represented the licensed transport industry in Ireland, of which there are approximately 18,000 licensed vehicles, operated by 5,000 operators. The proposal to build on-line service stations was one that was welcomed by the IRHA, because there was a paucity of alternatives. He said a number of alternatives did exist around the country and named some. They did not consider that off-line services should necessarily be discarded.He gave two examples where off-line services had been facilitated

167 by provision of on/off ramps. He said that from their point of view, they like to see competition between providers. The experience is that unless people can really go past your doorstep, that they will not go up to the next junction to turn back. He concurred with the points made as regards fatigue being responsible for 20% of accidents. Rest facilities are statutory items that drivers must take, they do not have an option. They did not have any objection in principle to the large service area going ahead and welcomed it on a nation-wide basis but would be very pleased if some facility was made to facilitate the existing stakeholders in this area. Mr. Paul Sheehy from Chevron Ireland Ltd.(formerly Texaco) Mr. Paul Sheehy said that when the motorway network in Ireland was planned, the initial intention was to follow the system used in the United States; namely, motorists who required refuelling would exit the motorway, travel to the nearest town or village, fill-up with fuel and then rejoin the motorway. The fuel industry in Ireland agreed with this strategy for several reasons:- the country is well supplied with service stations, the country is small and travel distances are short. What this initial road policy did not take account of was the necessity to provide a network of rest areas on the motorways, areas where drivers could safely break their journey and take comfort breaks. Possibly because of this crucial safety issue, the stated NRA policy was changed and they decided to allow the construction of motorway service areas, to provide fuel and rest areas for motorists. The proposal is that these sites would be built every 60 kilometres. He pointed to - - The livelihood of existing stations being bypassed with commensurate loss of business and employment. - The cost of building a motorway service area in relation to the expected sales volume.The highest volume site in Ireland sells 15,000,000 litres per annum, and there is no expectation that any motorway site will achieve even half of this figure. If stations are built every 60 kilometres, they are unlikely to achieve even 10% of this figure. Factor in the cost of building a motorway service area at in excess of €10,000,000, which, together with cost of the lease charge from the NRA, would make the total cost of these new sites prohibitive, anything from 10 cent per litre to €1 per litre, depending on fuel volume sold. Fuel margins are typically in the 2-4 cents per litre range, and shop sales of items such as confectionery and coffee are unlikely to cover the shortfall.

168 - With such small distances in Ireland, it raises the question of the viability of these new sites. - In the current economic climate, many companies are delaying or cancelling capital projects because of the difficulties of raising finance and so there is no guarantee that there will be companies willing to invest in new motorway sites at this time. In conclusion, further motorway-exclusive sites are unlikely to be built in the foreseeable future but existing sites will be bypassed and many will close down. He said the number of service stations in Ireland has already halved over the last ten years.Service stations play an important role in providing essential services for local communities across the country. What the motorway network needs is unmanned toilet/rest areas and a combination of stations built at existing intersections and network of strategic slip roads to access existing petrol filling stations. Brian Harte Irish Petrol Retailers Association Brian Harte said the Irish Petrol Retailers Association is an independent body representing approximately 350 independent service stations nationwide,with total estimated turnover in excess of €2.5 billion annually. He pointed to the downturn in the economy.They were concerned at scale and the cost of the proposed motor way services development in Kilgowan.They considered that the existing off-line facilities could cater for southbound traffic with the provision of a slip road and this would significantly reduce the scale of the project which would then only be required to cater for northbound traffic and thus eliminate the overbridge and ancillary works. Two other persons had requested they be allowed to make submissions and these were then made. 5.8 Mr.John O`Reilly,Owner of Crookstown Business Park Mr.O`Reilly: said he represented the 14 businesses in the Crookstown Business Park. These businesses are 70-80% dependent on passing trade from N9.He asked that the NRA consider a slip road at Kilgowan (as proposed in Mr. Forrestall`s submission) for traffic travelling southbound. This would give passing motorists the opportunity of continuing business with all 14 companies based in Crookstown Business Park, without having to backtrack on their journey.He was disappointed that the NRA did not include the business park in the impact survey as they will be most affected by this on line service proposal. 5.9 Marcella O'Reilly,Business Owner on N9

169 Marcella O'Reilly: Expressed her concern that the facility now proposed would not be available when the M9 opened.She considered the time scale to be unrealistic.She said the NRA had over looked the most practical solution to this likely problem. Kilgowan and Crookstown currently offer all necessary on-line service facilities to the present N9, making this a realistic alternative for the NRA. There are approximately 150 car parking spaces between Kilgowan, the Crookstown Inn and Crookstown Service Station and Business park. There are also three County Council lay-bys available to road users. Using this as an alternative will create flexibility in the proposed time schedule of these on-line services.To access these services a slip road at Kilgowan (Mr.Forristal`s proposal) costing a nominal amount would have to be provided by the NRA. However, the businesses on the N9 were more than willing to pay these costs. 5.10 Ms.Antoinette Coughlan,Houseowner adjoining Proposed Service Area Ms. Coughlan: Detailed the history of how she became aware of the NRA proposals for the Sevice Area at Kilgowan.She felt she had been treated unfairly.She said that while the NRA had made an offer to buy her out but,she had to live within walking distance of her family, and what was offered would not come close to rehousing her. 5.11 Evidence of Mr.Damien Hughes,Damien Hughes & Associates Mr. Hughes: First referred to the lack of consultation by the NRA in this instance,regarding provision of the M9 Kilcullen service area.Had there been consultation this would have engendered goodwill. His client had not objected to the original M9 scheme. She is very disappointed with the total lack of engagement from the NRA in relation to this project.During the preparation of the EIS for the proposed development no representative from any of the professional team had consulted with her. Subsequent to the lodgement of the objection on the28th January 2009,he had been contacted by Mr. Peter Corcoran, Land Acquisition Officer, NRA, who wished to gain access to her property to familiarise himself with it They subsequently met Mr. Corcoran agreed that Ms. Coughlan will suffer a material loss to the value of her property as a result of the proposed development. Since then we had been trying to come to a resolution of the proposal by Mr. Corcoran to buy out Ms. Coughlan's property. However, both parties have failed to reach agreement. Dealing with the technical information in relation to the proposed development,Mr.Hughes complained that there was a serious lack of detail

170 within the drawings produced as part of the EIS and the Preliminary Design Documents,referring to the site layout plans at 1:2000 scale,with no dimensions or floor levels and notes stating“Do Not Scale", "use Figure Dimensions Only”, and“Indicative and Subject to Change at Detailed Design Stage”. He considered a 3-Dimensional Model of this development should also have been prepared. On the access road he noted the detailed analysis prepared by Mr. Martin Deegan, particularly in relation to the existing local road L6091, which is to serve as a link between the rear access of the service station and the existing N9. The location of the access road to the service station had not been moved.He accepted that a 90m sight line would suffice in theory for the proposed rear access,but disagreed that the L6091 road in its current condition, where it is generally four metres wide, would suffice for two-way traffic, if the proposed development is to proceed.This road was in poor condition as evidenced by the photographs previously submitted by him. He said it would appear that the scale and specification of the on-site treatment plant has been increased since the EIS was published in December 2008. The detail for this plant is totally insufficient. There are issues with regard to Dealing with the Socio-Economic and Community Effects/Impacts Section of the EIS(section 6)and to Ms. Cliona Ryan's evidence that 'Human beings comprise the most important elements of the environment. In carrying out development, one of the principal concerns is that people should experience no significant unacceptable diminution in an aspect or aspects of their quality of life as a consequence of the construction and operational phases of the development.' he disagree strongly with Ms. Cliona Ryan's conclusion within the EIS that 'the proposed development will not result in any adverse potential impacts on population,employment and community during operation' of the Service Station. (Page 120) Dealing with the evidence of Mr.Thomas Burns he noted the proposal to to review the planting in this area but said he disagree d with his assessment that the adverse impacts for Construction Stage Impact, Early Operation Stage Impact & Established Operation Stage Impact to be Significant, Significant & Moderate respectively. Where Significant is defined as - An impact which, by its magnitude, duration or intensity alters an important aspect of the environment;

171 and Moderate is defined as - An impact that alters the character of the environment in a manner that is consistent with the existing and emerging trends. He would be in agreement with the conclusion within the EIS of the Significant impact of the Construction Stage. However, he would classify the impact of the Early Operation Stage & Established Operation Stage as Profound; ie - an impact which obliterates sensitive characteristics, with respect to the impact of the development upon his client.Also he had a concern regarding his client`s privacy. Also,whilst Mr. Burns advises that there will be no lighting glare from the proposed light standards, surely there will be additional lighting required to allow the CCTV cameras to supervise the rear access and lands and perimeter fencing adjacent to Ms. Coughlan's property, which will result in light pollution He said that while the EIS states:- 'In consideration of the predicted positive impact of the proposed development on the strategic and local planning and development context of the subject lands, no negative residual impacts are predicted.' It was difficult to reconcile this with - this extract from the County Development Plan, ( page 246, Section 15.9) 'Any industrial or commercial development shall not be injurious to the residential amenity of adjoining properties.' In conclusion he said he had outlined within the above paragraphs, that Ms.Coughlan had serious concerns that because of the location of the proposed motorway service area, it will be detrimental to the existing value and future development potential of her property, resulting in its deprecation, due to the loss of amenity and the negative impacts of noise, traffic and light pollution.She has a substantial six-figure mortgage secured against her property, with in excess of ten years remaining, and effectively she could be suffering negative equity as a result of the proposed development. She no longer had a house in the country but a house next to a commercial development, with all it`s associated negative characteristics. This will impact upon its resale value and the appeal of the property to a greatly reduced market, should she wish to sell her property in the future. The design of the scheme is weighed heavily in favour of an engineering solution without examining fully the impact of the proposal upon Ms. Coughlan's house and the quality of life of her and her family.

172 There are concerns that the design of the development does not comply with aspects of the Kildare County Development Plan 2005-2011. Within the Environmental Impact Statement, a macro analysis of the issues has been carried out, without a thorough analysis of the impact upon her particular property. Ms. Coughlan has been left with no choice but to request An Bord Pleanála to refuse permission for the proposed development, as it would appear that the scheme has been designed without any consideration of the impact upon her quality of life and her property,which she built originally to enjoy rural life with her family." 6.3 Cross-examination of Mr.Hughes by Mr.McGuinness Mr.McGuinness: asked in relation to the details required under a normal planning application,those do not apply to a proposal such as this; is that not right? Mr.Hughes: agreed that this was correct. Mr.McGuinness: “Why do you, therefore, refer to the provisions that do not apply and fail to refer to the provisions that do apply; that is the Roads Act?” Mr.Hughes: “ Within the Roads Act, there is an EIS prepared, and there is an obligations on the professionals who are preparing the EIS to research fairly the impact of the development on everybody in the environment, including my client.” Mr.McGuinness: “Can I ask you, then, what is your understanding of what is required by an EIS in terms of design?” Mr.Hughes: “I am referring in particular to the socio-economic section of the EIS, which relates to human beings.” Mr.McGuinness: “What you are complaining about here is a lack of design detail, essentially; is that not right?” Mr.Hughes: “ I am referring to the fact that, for example, the site layout is a scale of 1:2000, with no dimensions on it.” Mr.McGuinness: “ What is required by the provisions of the Road Act which give effect to the environmental directives from Europe, is information on the design, not the detail design and not the final design. I think you understand that, Mr. Hughes, do you not?

Mr.Hughes: “ I do understand that, but, as you can appreciate, I am not the only witness who is looking for the detail that I have been asking for.” In relation to the access road he agreed he had accepted the 90metre sight

173 line.In relation to the condition of the road he accepted a commitment to restore it to an acceptable standard, as agreed with Kildare County Council, if the proposal were approved,but queried the finasl width. Mr.McGuinness: “ In terms of the foul sewage treatment, you have heard evidence about the loadings, etc, and you know that the EIS provided for pretreatment on site; is that not right? Mr.Hughes: “ Yes, and I think, if I can say at this stage of the discussion, that the cornerstone of my objection is not the sewage. Mr.McGuinness: “ Can I just move on to the landscape and visual impact? As you know, the proposal contained in the EIS, in terms of the boundary with your client - obviously, everyone can understand how she might view it - the proposal is to thicken that hedgerow with planting to provide further mitigation in terms of elimination of noise and light intrusion. Is that not acceptable or is that not something that you or your client are happy with? Mr.Hughes: “ Again, it was unclear what exactly was being proposed.” Mr.McGuinness: “ Mr. Burns, he is quite happy to offer the choice to Ms. Coughlan of removing the thickening of the plantingfrom there back to the berm, if that was what was required, but we are anxious to accommodate any sort of mitigation proposal that you could reasonably want.Is there something in the way of mitigation that he would wish to have included that is not included. Mr.Hughes: Responded that proposals had only lately been put on the table in relation to landscaping and other matters He said these would be considered and they would engage further with the NRA in the matter. Mr.McGuinness: “ In terms of the planning issue, did you hear Ms. Ryan's evidence and Mr. Kenny's evidence about the nature of the proposal, that it is not an industrial or a commercial development? Do you accept that?” Mr.Hughes: “ I think it is a commercial development. I think that is actually mentioned within the EIS. Mr.McGuinness: “ Ms. Ryan characterised it as a unique land use with a commercial element to it. In terms of your conclusion, I just want to take issue with what you see as a deliberate attempt to eliminate your views. The essence of Mr. Burns' mitigation measures is to try and ensure that you do not have a view of the service area. presume you would regard that as a worthy objective?” Mr.Hughes: Replied that this in itself eliminated his client`s views ,but accepted that nobody has a right to any particular view that exists at any

174 particular time during one's occupation of a house.In relation to the point made regarding compliance with the Kildare County Development Plan he said his concern was the loss of amenity. Mr.Carroll,Solr. Speaking on behalf of his client Ms Coughlan said the scheme should be refused 7.0 Response to Questions raised in the course of the Oral Hearing 7.1 Response by Mr.Pat Maher NRA - Mr.Wall,The Priory & Mr.O`Reilly,Crookstown Service Station Mr.Maher said this also took account of the position regarding Seamus O'Reilly,Crookstown (Texaco ) He said - “There are three objection extracts that I propose to respond to. Firstly, the objection extract states:- " The services for the uses of the N9/M9 are well catered for at the moment between ourselves (Walls of Kilgowan) and Crookstown Texaco (O'Reillys)." The response is: "The fuel, rest, food and toilet facilities of road users on the future M9 will not be adequately served by existing facilities on the current N9, as existing N9 facilities will require national road users to turn off that M9 and travel some distance. Experience in other situations, such as on the M1, shows that motorway users are not prepared to divert off the mainline in order to avail of offline facilities, except in emergency situations. In addition, nationally, there is a need for the provision of parking and rest facilities for the road haulage industry and for the range of other facilities required by road users generally, which the NRA service area proposal is intended to address and which for the most part do not currently exist within existing facilities, including The Priory or Crookstown Texaco." The second is in relation to the extract, that:-"In 2002, at a meeting with the NRA we proposed that we would be willing to go the route the services and were told that there would be no services on the motorway. Yet, in October 2006, they did a total u-turn and proposed services on the motorway. We again told them that we were happy to go to the route of the services and were told that there was no room for a slip road." To some extent, my response on this does overlap with certain other information in direct response to your queries, Mr. Inspector, but I will read it in. My response is:- "The junction policy for the M9 in the area of interest was established as part of the design for the scheme, and involved the provision

175 of grade-separated junctions at Kilcullen and Mullaghmast. This was deemed appropriate to provide the necessary access onto the M9, from the adjoining road network, in particular servicing the adjoining towns of Kilcullen and Athy, whilst ensuring that the route's strategic nature and capacity was protected. The provision of a southbound off-slip at Kilgowan is not seen as compatible with the objectives of the junction strategy, determined by the Kilcullen to Carlow scheme design, as part of the overall strategy on the M9 from Kilcullen to Waterford. In national terms, the objective of providing the major inter-urban routes is to cater for the strategic traffic needs between Dublin and the other principal cities and to improve access to the Regions.This is best served by providing a sufficient, though limited, number of grade-separated junctions to allow access between the new motorway routes and the principal towns along the route. The need to provide sufficient junctions to cater for bypassed towns, however, must be balanced against providing too many junction accesses, which would encourage an excess of short local traffic movements onto the network to the detriment of servicing the needs of long distance traffic. A proliferation of junctions on the network would also have safety and cost implications for the national roads programme. In the particular case of the proposed off-slip at Kilgowan, the effect of constructing a off-slip with a view to providing more direct access to The Priory Inn and Crookstown service station would be to divert motorway traffic onto the existing N9 national route for a distance of approximately 10km before it could rejoin the national road, as shown in Figures SK06 and SK08. The provision of new motorway and high-quality dual carriageway routes are being provided under the NDP so as to provide better access between our principal cites, deliver greater certainty in respect of journey times and provide for significant improvements in road safety. Irish road accident rates have traditionally been significantly higher that many other countries in western Europe. Substantial reductions in road fatalities have been achieved through the various road safety initiatives of recent years, and in this regard the opening of new sections of motorway and high-quality dual carriageway, bypassing two- lane road sections of the national road network, has contributed to this reduction.Statistics produced by EURORAP demonstrate the difference in road safety terms of the various road types. I quote from the table in the evidence there. This is a table setting out fatal accident rates per billion vehicle kilometres on national roads, and the comparisons are as follows:-

176 Single Carriageway 11.5 Dual Carriageway 4.7 Motorway 2.3. There is a factor of between five and six in terms of the fatal accident rates that occur between conventional two-lane roads and motorways. Clearly, motorways provide considerable safety benefits as compared to other road types.Given the very considerable investmentof taxpayers' money in the development of the major inter-urban network, it does not make sense in policy terms to divert traffic off of these newly constructed much safer road types onto the bypassed two lane roads. In the particular case of the proposed off-slip at Kilgowan, the diversion would involve trafficking an approximately 6km substandard, unimproved section of the current N9 between Kilgowan and Crookstown, thereby losing the safety benefits of providing the new M9 route,for the diverted traffic. In road safety terms, this is not satisfactory proposition. As indicated by Mr. McGuinness, SC, in statutory terms, the location at Kilgowan is not covered by the Kilcullen Service Area Scheme and the provision of a slip road there could not be conditioned by the Board. The national roads programme as mandated by Government is being pursued in the interests of the common good. The Authority believes that the approved junction strategy for the new Kilcullen to Carlow road is consistent with the best interests of the common good, including catering for road safety considerations. Inevitably, new roads will result in altered traffic patterns and a reduction in traffic volumes on former national roads and in the towns and villages through which national roads formerly passed.This has implicationd for commercial operations while also providing new opportunities for development. It is simply not feasible to contemplate the provision of direct accesses off the new motorways and dual carriageways to those affected by new roads and bypasses." The final objection extract is :- " We are in a recession and we hear the government talking about saving jobs and billions of euro. Surely, it does not make any common sense for a development that will cost more that 20 million as opposed to the development of slip that will cost between 500,000 and 700,000 and save the jobs that are there, and create more in the future going ahead." The response is:- "The NRA is charged in the Roads Act to 'secure the provision of a safe and efficient network of national roads'. The Authority's change in policy in relation to service area provision is informed by the

177 need to cater for the rest needs of road users on the new major inter- urban network and to ensure the maximum safety benefits from the development of these routes.The service areas in question should be seen as an integral element of the routes and not an optional extra facility. It is the view of the Authority that the proposed slip road to facilitate access to the existing businesses in the Kilgowan/Crookstown area will not provide anything like the same level of service to road users on the new M9, and as outlined above would come with attendant safety disbenefits.It is the view of the Authority that even if a slip road could be physically accommodated, one cannot compare the use of the existing facilities with the proposed on-line service areas in terms of safety and road user benefits." 7.2 Response by Mr.Maher to the Inspector`s Questions not previously dealt with in the Course of the Oral Hearing. Question 1.The number of Submissions made to the NRA for Off-line Service Areas. Mr.Maher pointed out that - “ the National Roads Authority is a statutory consultee in respect of all planning applications that may affect the national road network.Under the Planning and Development Act, all such planning applications are required to be submitted bythe planning authority to the NRA. This would include applications for the provision of service areas at or close to a junction with the national road network. As outlined in Section 9 of my Brief of Evidence, under the provisions of the Roads Act 1993, only the National Roads Authority, or a local authority, may bring forward proposals for an on-line service area scheme on a national road. All privately promoted service area facilities, which may only be located off- line, must be submitted to the relevant planning authority through the normal planning process. The need for service areas had been apparent for some time given the nature and scale of the national roads programme initially announced in the National Development Plan 2000-2006, and the level of the Government's funding commitment to the programme over the intervening years. Up to 2005, it had been anticipated by the Authority that the private sector would respond promptly to this situation and the business opportunities on offer in catering for road users. The Authority monitored the situation for some time in the expectation that suitable service area proposals would be brought forward by private interests, possibly for locations at or close to interchanges on the new dual carriageways and motorways. By mid-2005, the matter was attracting

178 considerable public comment and criticism over the absence of service areas on the emerging motorway/dual carriageway network. Criticisms tended to focus on the lack of access to food, fuel and toilet facilities as well as the non-availability of safe parking facilities for drivers who wished to break their journeys. Taking the particular case of the M1, up to four separate service area developments were mooted in Co. Louth: (a) close to the N53 junction in Dundalk; (b) near Dunleer and on the N32; (c) close to Cherryville junction; and (d) near . However, whilst at least one had received planning approval from Louth County Council, none had progressed towards construction by 2005/2006. As outlined in Section 4 of my Brief of Evidence - in July 2005, the Authority's Chief Executive informed the Oireachtas Joint Committee on Transport that the Board of the Authority was continuing to monitor developments regarding progress made by the private sector in advancing service area proposals. It was also indicated that the Authority would respond, as necessary, if sufficient suitable areas were not forthcoming. Also in mid-2005, the then Minister for Transport requested the Authority to review its approach to service area provision. As part of its review, the Authority sought views from the public and other interested parties on the provision of service areas in July 2005. More than forty responses were received. In addition, the Authority undertook a detailed review of practice on the provision of service areas in other European countries. The Authority continued to monitor the situation with regard to progress by private sector proposals for off-line facilities. By early 2006, the Authority determined, through contacts with local authorities, that up to thirteen service area proposals were at some stage of consideration in various locations (not necessarily in the planning process), including the four previously referred to in County Louth and also including one at Mullaghmast junction. In reviewing the situation, it was clear that the geographical disposition of these potential service area sites was not ideal, with clusters in certain areas and inadequate coverage on other sections of route. In addition, it was also clear, from consideration of a number of the more advanced proposals, that the service area component on these proposals was a very modest part of a much larger proposed development. Moreover, the service area component of the mooted developments was light on provision of HCV parking in particular, with a strong emphasis on retail provision, and in some cases hotels. The Authority has frequently stated its concerns as to the dangers with regard to elimination of junction

179 capacity, of extensive and/or inappropriate development located on motorway interchanges/grade-separated junctions; this is encapsulated in its Policy Statement on Development Management and Access to National Roads, published by the Authority in May 2006. The document concerned sets out Government policy introduced initially by the Department of the Environment in 1982 and 1985 (Development Control Advice and Guidelines and Policy and Planning Framework for Roads respectively) and subsequently developed through other policy initiatives including that Department's Retail Planning Guidelines (2005). These policies, as they relate to national roads, have the objectives to:-

- protect the substantial investment being made by Government in upgrading national roads;

- maintain the intended transport function, traffic carrying capacity and efficiency of the network of national roads;

- ensure high standards of safety for road users and that these standards are not compromised by risks arising from traffic movements associated with multiple access points to the network;

- extend the service life of the national road network, thereby deferring to the longer term the need to reinvest in further road improvements and the construction of new roads which would have implications for landowners, local communities, the environment and public expenditure;

- protect the routes of future roads, including road upgrades, from development;

- strongly advocate the use of established town and district centres as the preferred locations for new retail developments that attract many trips; and

180 - establish a presumption against large retail centres being located adjacent or close to existing, new or planned national roads/motorways as such centres can lead to an inefficient use of costly infrastructure, may undermine the regional/national transport role of the roads concerned and could conflict with the official policy preference for locations in established town and district centres. Based on proper planning and sustainable development considerations which underpin these official policies, it was apparent to the Authority that private sector proposals were likely to encounter difficulty in securing planning approvals, thereby creating major doubt within the Authority on the ability of private developers to deliver service areas within an acceptable timescale which would be of an appropriate scale and standard at locations that would ensure all users of motorways and dual carriageways would be reasonably catered for. Indeed, An Bord Pleanála has refused permission on appeal for at least one service area proposal with associated significant commercial development, reinforcing the Authority's doubts about the capacity of the private sector to address road user needs. In summary, the Authority's assessment of the situation then pertaining in early mid-2006 was:- (a) Whilst there was evidence of interest among the private sector for the development of service areas at junction locations, there was no clear timeline for the early delivery of essential service facilities. In particular, the lack of progress to construction of any of the proposals on the M1, notwithstanding the fact that a number of planning approvals had been granted by Louth County Council.

(b) Major doubts existed as to the ability of private developers to secure planning approvals for suitable facilities.

(c) The geographical distribution of possible private

181 sector sites was not uniform, with clusters of interest in higher traffic volume locations of the major inter-urban routes and on the other hand, significant lengths of the network without any prospective coverage.

(d) A number of the more evolved proposals that the Authority was aware of involved relatively limited service area facilities, especially parking and significant development unrelated to serving the needs of the road user; in effect 'destinations in their own right. Having regard to the above, and taking account of the factors outlined in my response to Q.2 below, the Authority amended its policy to one of becoming directly involved in the procurement and delivery of online service facilities which would:- (a) be targeted at servicing the needs of the road user as the service areas' sole function and not as a secondary consideration to other development objectives or as a mechanism of promoting other development which might not otherwise gain planning approval;

(b) distributed in a uniform manner across the major inter-urban network; and

(c) providing a consistent standard of services and layout of facilities across the network. The Authority's press statement of September 2006 announced this revised policy. In tandem with this policy, the Authority indicated that it would neither support nor oppose in principle, private sector proposals for off- line/junction locations that were referred to it by planning authorities. Consistent with its role as a statutory consultee in the planning process, the Authority would review and comment on applications based on its assessment of the impact of the development on the national road, in terms of safety and operational capacity. The Authority has continued to pursue this policy in the intervening period. In certain instances, the Authority

182 has objected to specific service area applications on consideration of the criteria above, and has not objected to others. It has also, once matters of concern to it had been addressed in particular applications, withdrawn its initial objections. It might be noted that even today no service area facility on the scale or to the standards proposed by the NRA has been put in place by the private sector. This position serves to strengthen the case for the Authority's on-line service areas programme."

Question 2. Details of any cost benefit analysis on on-line as opposed to off-line service Areas.

Mr.Maher said -"The Authority's strategic decision to pursue a policy of on- line service area provision, as announced in its statement of September 2006, followed the chronology outlined above [in Q.1] and was determined having regard to the following principal considerations, as outlined in my brief of evidence:- (1) review of practice in other jurisdictions;

(2) recognition of the greater safety benefits deriving from the provision of on-line facilities, including:-

(a) access directly off the mainline is most convenient for road users and the increased convenience encourages more frequent use of service areas by drivers wishing to take rest breaks and to avail of other facilities provided;

(b) the greater the level of usage of service facilities by drivers the greater the benefit in terms of reduced fatigue related road accidents; and

(c) access directly off the mainline ensures the separation of longer-distance, high speed motorway and dual carriageway traffic from

183

traffic on the local roads network resulting in road safety and traffic movement benefits.

(3) the necessity to provide for the rest needs of the road haulage industry, particularly having regard to the requirements of EU work time directives and regulations affecting the road haulage industry;

(4) protection of junction capacity; on-line service area facilities do not result in additional traffic movements at junction locations, thereby avoiding the associated reduction in long-term operational capacity of the junction arising from the presence of an off-line facility.

(5) greater availability of lands at on-line locations to allow appropriate levels of parking to be delivered;

(6) recognition that in a planning context, an on-line facility would not compete directly with existing retail facilities in the vicinity, unlike the case of an off-line/junction location;

(7) recognition that there would be an associated commercial disbenefit arising from point 6 above; and

(8) recognition that, in the case of an on-line facility, there would be an extra-over cost in providing additional slip lanes and overbridge. Having regard to all of the above, a strategic decision was taken that an on- line facility would yield the greater safety benefits, provide a better level of service to the road user, and best protect future network capacity. As such, this strategic decision was made on the basis of a qualitative assessment of the relevant factors, rather than on the basis of a quantitative cost/benefit

184 analysis. On a scheme-by-scheme basis, project appraisal is undertaken, in accordance with the Department of Finance's Guidelines for the Appraisal and Management of Capital Expenditure Proposals in the Public Sector, as amended by the January 2006 Department of FinanceValue-for-Money circular, and in the Department of Transport's Guidelines on a Common Appraisal Framework for Transport Projects and Programmes.Standard practice, based on the DoT and DoF Guidelines, is to produce Business Cases prior to both land acquisition, and contract award. Business Cases typically include economic appraisal/cost benefit analysis reports (for projects in excess of €30 million), financial appraisal (for schemes with an element of private financing), a Project Appraisal Balance Sheet (which outlines the scheme's impact against key Department of Transport criteria; namely,safety, environment, economy, accessibility and social inclusion, and integration), and a Project Brief. This is being undertaken as part of the current service area schemes." Question 3.The implications of PPP contract versus Design and Build; Mr.Maher responded that - "Tranche 1 of the Authority's Service Area Programme is currently at tender stage and as a consequence the Authority is not in a position to comment on costs, given matters of commercial sensitivity. Both PPP and D/B contracts will be procured through open, competitive tendering. In broad terms, capital costs will be shared under a PPP form of contract, with operational income accruing principally to the concessionaire, but with a revenue sharing provision with the Authority.In the case of a Design and Build procurement, the full construction cost for the facility will be paid by the Authority. The concession operator, procured separately from the construction contract, will thereafter pay the Authority for the duration of the contract to operate the facility. While significant in its own right, the cost involved in providing a service area will be small relative to the cost entailed in providing our new sections of motorways and dual carriageways. Service areas should be seen as an integral element of a modern road network, and not an optional extra. Their provision, and the NRA's direct involvement in this regard, are entirely consistent with the statutory duty placed on the Authority 'to secure the provision of a safe and efficient network of national roads' (section 17(1), Roads Act 1993)." Question 4.The anticipated additional loss of custom due to the

185 provision of an on-line service area over and above that likely to be experienced as a consequence of the opening of the new M9 route. Mr.Maher said - "In order to assess the likely impact on existing retail businesses arising as a consequence of the proposed service area scheme, it is necessary to establish existing turn-off rates on currently open sections of motorway which do not currently have a service area on the route. Accordingly, the Authority commissioned a survey of two junctions on the M1, at Castlebellingham and at Dunleer. The surveys undertaken at each site comprised a 12-hour registration plate survey on the on and off ramps to the motorway. The data was assessed to give the percentage of the vehicles which turn off the motorway but return within a one-hour period. The choice of a one-hour period was adopted so as to give a robust upper-bound measure on the numbers of vehicles that could have turned off the motorway in order to avail of facilities within the villages. Clearly, this is an upper- bound as people could have other purposes for making such a trip. Referring to Tables 1.7, 1.8, 1.9, 1.10. In the material which has been handed out. "It can be seen from the data submitted that there was a turn-off rate of 0.81% of the route AADT at Castlebellingham and 0.65% at Dunleer." Hammondstown and Drumleck, they are scheme named junctions Drumleck is Castlebellingham and Hammondstown is Dunleer. On the basis of traffic figures presented in the 2004 Environmental Impact Statement for the Kilcullen to Powerstown scheme, the following is a summary of projected AADT figures for 2007 (the then anticipated opening year):- (a) Existing N9 north of Mullaghmast (prior to opening) 14,160 (b) Existing N9 north of Mullaghmast (after opening) 2,680 (c) New M9 after opening 19,405 On the basis of the above, traffic volumes on existing N9 north of Mullaghmast will reduce by over 80%. For the purpose of the present exercise, it is assumed that the reduction in turn-in movements from passing traffic will be proportional to the reduction in overall traffic volumes. Based on the data gathered at Castlebellingham and Dunleer, less than 1% of the diverted traffic onto the new M9 will turn off to avail of existing facilities on the bypassed road. As stated above, the values obtained in the surveys are likely to represent an upper-bound on the likely turn-off rate by virtue of the one-hour assessment. Taking the higher of the two values obtained in the M1 surveys, ie, the0.81% at Castlebellingham and applying it to the M9 traffic that has diverted off the existing N9 onto the M9 (ie, the

186 difference between A and B above (11,480), it gives a value of 98 movements per day. This is the maximum number of movements that might be anticipated to make a turn in to existing facilities in the event of there being no alternative on-line facility, and who given the opportunity to avail of service on-line would in all likelihood no longer turn off the motorway."

Question 5. Details of Signage to be Provided Mr.Maher said -"As I understand matters, the commitment given by counsel for Kildare County Council was that subject to NRA assent signage indicating the presence of a nearby service would be provided on both motorway approaches to Mullaghmast junction, and follow-on signage at the junction roundabout. To the best of my knowledge, no commitment as to the provision of signage was given in respect of Kilcullen junction as this junction was not part of the Kilcullen to Powerstown scheme, having been constructed as part of the M7/M9 Newbridge/Kilcullen scheme. As I understand matters, the nature of the signage envisaged was of white on brown tourist signage indicating services, including appropriate symbols indicating the facilities available in the service station, such as the usual fuel pump symbol, tea cup,etc. This is consistent with current NRA policy in this matter." The final point of the question was in relation to the proposals for on-line facilities, and I can confirm that the signage proposed by the Authority for on-line facilities will consist of blue and white signs indicating the presence of the motorway service area junction, consistent with motorway signage." In response to further questions from the Inspector in relation to the signage for the off-line facilities at the two intersections, that is Kilcullen and Mullaghmast that signage in the format already detailed together with follow-on signage,would be provided by the NRA, Mr.Maher said that there would be.That was consistent with policy. In response to a further question from the Inspector in relation to surveys where an on-line facility existed, Mr.Maher said - “We did a survey and we can look to have that material presented to you. It is an extract from some other material. There is no comparable facility in the country at the moment. What we did do was we looked at a number of existing service stations, well supported service stations around the country, and we can indicate to you those particular service stations.They would have indicated a turn-in rate of typically around 6-7%, possibly up to 9%, as being the typical turn-in rate

187 to those particular stations. We also had access to a TRL report from the UK, which provided similar information in respect of service areas in the UK. One cannot directly kind of translate UK experience into an Irish situation, the different nature of the roads, you have a lot very urban motorways in the UK which would have very potentially quite high target volumes, but at least we could compare with similar type locations in the UK. Again, the 6-9%, possibly up to 12%, was the maximum kind of turn-in rate that the evidence from the UK indicated.That is why, in the figures that have been presented in the EIS, take the 12% as being the upper- bound of anticipated turn-in for the type of facilities that we are proposing here. I would have to say, commercially, I think, we would be very happy if a 12% turn-in rate was achieved on these; the likelihood is that it may be something less. That is why we feel we were being in conservative in adopting that figure.Just to be clear, we would expect to see something reasonably comparable between the existing service station surveys that we undertook and the type of turn-in that we would ultimately expect to get in relation the on-line service areas. 7.3 Response by Ernie Crawford, Halcrow Barry.to the Inspector`s Questions Question 1 Weighting Given to the various Criteria used in the Site Selection Process. Mr. Crawford said - “In relation to the site selection criteria, I can confirm that certain criteria, such as the environmental criteria, have been assessed on a quantitative basis to arrive at the relevant ranking of options for that individual criteria. For more details of that, Mr. Inspector, I would refer you to Appendix C of the Site Selection Report. For the other criteria,the technical criteria and for drawing a conclusion from all the criteria put together, we have used a qualitative assessment; that is, that we have exercised judgment on the ranking of each of the technical criteria, and we also exercised judgment in choosing which option represented the best compromise of all of the competing factors. Therefore, in answer to your question, no weighting as such has been applied to the criteria, but I would confirm that I stated in the EIS and in my brief of evidence that Option 1A (Kilgowan West) is the best option considered. Moving on to the do-something/do-nothing, I would confirm that is a consideration that has been part of the process from the outset, right from the start. As far as the NRA are concerned, in reviewing their developing national road network, they concluded with the new national routes

188 bypassing many of the towns and villages that were providing the local services to existing users of the national road network, that there was a need, basically, to address a perceived shortfall in service provision for the new motorway and high-quality dual carriageways that were being constructed. Basically, it is a safety issue that forms the basis of their policy to provide the service areas and that if these services were not provided, then drivers on the new national roads potentially can drive longer distances without taking the necessary breaks to prevent driver fatigue, and this, obviously, we found to increase the potential for accidents to occur. This need is restated in the Kilcullen Service Area EIS.The EIS also considers each environmental impact versus a base line, and in this case the base line is the situation that will exist when the M9 motorway is open. This base line can, in effect, be considered as a do- nothing option. In summary, the do-nothing option has been considered against the do- something scenario and has been discounted on the grounds that it will lead to reduced safety on a significant section of the motorway as long-distance drivers are not provided with the adequate option to stop and take the appropriate breaks in their long journey. Question 2.The Optimum Spacing of On-line Service Areas and Provision of a mix of On-line and Off-line services.

Mr.Crawford said that - the appropriate spacing depends on a number of criteria. The first thing would be the distance between the destinations and their associated journey time. This would dictate whether a route strategy of one or two or maybe three service areas in certain circumstances would be appropriate. The next criteria would be the volumes of traffic. As a general rule, the higher the volume of traffic the shorter the distance between service areas can be justified. Thirdly, the composition of traffic, in terms of commuter or long-distance traffic, plays a part. Finally, the composition of vehicles, in terms of percentage of HCVs, would also be a factor. All of these things contribute and there may well be the other criteria will play a part, as well. Practice across the world varies and it very much depends on the characteristics of the national road network in question. I will pick two examples by way of comparison with the situation that we have here in Ireland. Denmark is a country of similar size a population and very similar road network characteristics, similar traffic and distances. This was probably felt to be the most comparable national example that would apply

189 to the Irish network. They have based their service areas on a target spacing of 50km. In the UK, albeit that it is a larger country, it has a significantly longer national road network, but there are elements of the network that are comparable. The policy in the UK initially was that a 30 mile target was set, which equates to 50km, and that generally applies. There are areas, however, where in densely populated areas or with higher traffic parts of the network, where in-fill services have been provided, so you can see that there is a variance around the 50kph target. The converse is true, in remote parts of the network you would find the spacing of service areas would be more than 50km. In summary, I would conclude that the 50-60km spacing that has been chosen in Ireland, I feel is appropriate. It is not set in stone, the spacing does not have to be between 50-60km, there can be some flexibility, depending on the characteristics of the route in question. In terms of the M7 and M9 routes, the Dublin to Waterford route, I would consider the strategy of two service areas at an approximate spacing of around 50km is appropriate under the circumstances. Moving on to the on-line versus off-line question, I suppose my experience is limited to the work that I have been doing on this commission. I have been working on this commission for almost two years now, so I feel that I have built up a reasonable level of experience in that time. I would offer the following views: What I would like to do is consider two scenarios. One scenario is where no on-line service areas are provided and the needs of the long-distance user would be met entirely by off-line facilities or existing facilities on the old national road network. I would like to contrast that with the scenario that we are effectively proposing in the Kilcullen service area scheme, which is the provision of a basic level of services for the long-distance road user through on-line service areas,this one in particular at Kilcullen. I will go back to the first scenario, first of all, and this is where no on-line services, only off-line. This scenario, I would feel obviously encourages more traffic off the national road network onto the non- national road network, if you like, which, by their virtue are of a lower road standard, they have a higher historical accident rate attached, and the road user, having taken themselves off the national road, then avails of the services that are available. By their nature, the current level of service provision - and I will take the situation in the vicinity of Kilcullen as an example, since we are talking about that scheme - the availability of services, I think, can be

190 described as ad hoc and, in some cases, quite widely spaced apart. Some of these services meet the basic needs of the long-distance traveller, they meet the criteria set out in the NRA's policy document, but I would suggest that there is not any guarantee given that all of the can be available locally all of the time.By way of example, I would say that currently there is a lack of 24-hour provision of services in the vicinity, and I would also cite the level of parking that is available. In summary, this leads to an inconsistent level of service provision and availability and, in my opinion,it would be sub-optimal in terms of safety. Moving on to the second scenario, which is the basic provision of on-line service areas and is reflected in the proposals. I would have to say that the proposals we are putting forward, and also the NRA's policy, does not preclude the existence of local service or off-line services, or indeed the development of new off-line services, should a demand be identified. In effect, what we are proposing here is a mix of on-line with the existing off- line facilities. These are either going to naturally exist and evolve in the same way that the traffic patterns are going to evolve. In my opinion, this option can guarantee the long-distance road users a minimum level of service provision and, hence, it would be considered the optimal solution that meets the overall NRA objective of securing a safe and efficient network of national roads. That would not be the case if the on-line service areas are not provided.” Question 3.The Engineering Feasability of Slip Road Proposed by the Objectors. Mr.Crawford said - “I have assessed the details provided and, obviously, they are outline in theirnature, they cannot be anything else at this stage. They would obviously be subject to development and detail design, if they were being taken forward. However,what I would say is inasmuch as they can be assessed in their current form -- you were basically asking me if it was feasible either with the service area in place or without it. Most things, such as these, can be engineered provided sufficient funds are made available to make it work. There are, obviously, a lot of technical issues that would have to be considered.There would not be a weaving issue if the service area was in place. There would be sufficient distance between the service areas and the slip road to avoid that scenario. I did not identify any other major constraints on the road network that would prevent it being an option. Mr.Crawford then presented the following drawings to the oral hearing

191 TJ/SARE/S09/PD/SK11 and TJ/SARE/S09/PD/SK12. With reference to the first SK11, entitled 'Distance to Service Area Elements in Relation to Ms. Coughlan's Residence and ADR Parking Locations'. He said this drawing addresse three clarifications; 1.The distances to Ms. Coughlan's residence - to the foul sewage treatment is 194m; - to the HCV filling area is 197m; - to the amenity building at 213m; to the car parking area at - to the car parking is 278m; - to the ADR location is 375m

2. The ADR location is highlighted in blue, it is covering two spaces and it is located as far away as possible from the nearest residence, which is Ms. Coughlan, and also from the amenity building.

3. The area required for foul sewage treatment, which arose from evidence given by Mr. Kent.We have assessed what area would be required for the full treatment as opposed to the partial treatment and our conclusion is that an area 1300 square metres would be required.That is shown in the area outlined in red on the drawing. There is sufficient space for that to be operated. With regard to the second drawing SK12,entitled 'Access Roads - Long Section'. There was a request for an indication of the levels along the access road relative to existing ground level.The long section starts at chainage zero, which is at the perimeter road, the end, and it travels towards the local road,as you go from left to right on the profile. The access road will be approximatel 2.8 metres below existing level when it joins the circulation road inside the service area. That is consistent with evidence that was given yesterday. Mr.Crawford said he would like to clarify one matter in relation to Halcrow Barry and the design of the service areas. The two service areas on the M1 and the M4 were designed by others.However, Halcrow Barry are responsible for the rest of the service areas. 8.0 Summary on behalf of the Objectors 8.1 Mr Liam. McGree on behalf of The Priory and O`Reilly`s Service Station Mr.McGree began by thanking all those involved in the oral hearing for the manner in which it had been carried out and the responses made to the

192 questions raised. He said,however, - “while we have been treated very well here at the oral hearing over the past three days, I think we would still have an issue in the way in which the NRA have conducted their business in this matter up to this point in time. There has been a significant lack of consultation with existing businesses on the N9, as has been attested to by my two clients, who are two business owners on the N9. We would claim that the EIS that has been submitted in support of this proposal is flawed, and flawed in two principal respects, in our mind at least. There may be other issues, but there are the two issues that we are principally concerned with - the non-consideration of alternatives and the non-consideration of impacts that the proposed development would have on existing businesses in the area.I think it has been clearly established throughout, and I think the NRA would accept, that the EIS does not consider off-line alternatives to any degree. While there has been some consideration that has been outlined here this afternoon as to the benefits of off-line versus on-line, that is a policy issue and that policy has been considered by the NRA and the policy has been adopted by the NRA, but there was no consideration of off-line options in this particular instance. There was a decision taken at a very early stage as to where the services were going to go, how the services were to be developed, how the services were to be accessed, and then a number of options,whether they be to the left of the road or to the right of the road, were considered, but no more than that. Consideration of impacts -- as I said previously, businesses along the N9 have not been surveyed, there is no data on employment figures, on turnover figures, on the range of services that are provided. Never at any time have the existing operators been asked the extent of the plans or proposals for the future, if there are some shortcomings in terms of service provisions. They have clearly been serving the travelling public up until now quite successfully, but if the NRA were seeking additional facilities to be provided at those locations, we would have been more than happy to enter into negotiations with the NRA in that regard. I think that has been demonstrated again by attempts, by Seamus O'Reilly in particular, to engage with the NRA and with the Local Authority on this particular matter, but in each instance he was basically told that it was not necessary nor appropriate for him to extend or expand his business, that provision would be made for access to those businesses.

193 I suppose, an issue, as well, that has come up on a number of occasions, is this question whether this hearing is to consider the diversion and the loss of business that might result from the M9 when it opens as opposed to the loss of business that might result from the service areas. It has been said time and time again that the M9 was the subject of a separate hearing, had its own EIS and is under construction at the moment, that the alignment of the road, the junction locations and accesses to and from the existing road network and to and from existing businesses has been fixed, has already decided and cannot be reopened or reconsidered. But, I would put it to you, that when the EIS was prepared for that and when the oral hearing was held, there were no on-line services. You are now proposing a change to the M9, you are going to add slip roads onto the M9, you are going to add an overbridge onto the M9, you are going to put services immediately adjacent to the M9 that were never there previously.You are saying now that you cannot create a slip road.Now, I know it is not, strictly speaking, subject to this hearing here, but you are saying that you could never even consider the possibility of another alternative service provision arrangement, you could not consider the development of a slip road off the M9 because the M9 is as it is and cannot be changed, but now you are proposing two slip roads off the M9, two in a northbound direction, two in a southbound direction with an overbridge and adjacent services. I do not accept that the M9, its design, its access and its junctions cannot be revisited, because that is exactly what you are proposing here today. I would like to thank our witnesses for attending, some had to travel quite a distance. I would like to make the point that three witnesses, in particular, those representing the Petrol Retailers, Chevron/Texaco, and the Road Hauliers, they appeared at their own request.They would have supported my clients submissions, and certainly we spoke to them in advance of the hearing but it was at their request that they were facilitated. They had to seek the consent of their Boards or their Directors in certain instances. The representative from Chevron/Texaco had to get the consent of his Board in Britain to attend. Each of those organisations,Texaco, the Petrol Retailers and the Road Hauliers,felt that they had a sufficient interest in this matter to come here today and be heard. They are not here simply just to support my submission but they are here to be heard in their own right, and they do have some very serious concerns in relation to this development,both in terms of its layout and its viability.

194 One other matter which arose in relation to the representative of the Road Hauliers, he stated here today that truck parks do exist on the national road network, and I was asked the question whether or not I was aware of any truck parks that exists. I was not,because I am not an expert in the area. He, representing his agency, would say that truck parks do exist, albeit they are in need in some instances of expansion, improvement, additional facilities, but they do exist. Off-ramps have been provided at other locations to facilitate existing businesses, and he gave the example of Carrickdale and Monasterboice, where an off-ramp has been developed at Monasterboice which gives access to the Monasterboice, for example. So, off-ramps have been developed in other areas, it can be done in this instance. Truck parks and off-line services have always existed and will continue to exist, but what we are concerned about is the continued viability of those, given that you are removing such a significant volume of passing traffic. I know we have heard some figures here this afternoon. I am not really in a position to respond to those figures and I do not think it is appropriate, I am not questioning the witness on that, but all I would say is what I have said previously in my own submission, that the services that are proposed, you anticipate that 3,471 vehicles per day will access those services at Kilgowan. If a small proportion - and I accept it would be a small proportion - I do not for a minute suggest that all those vehicles would turn off the M9 to use existing services, but certainly some proportion of those 3,471 vehicles would turn off the M9 to use existing services. People in need of toilet stops, people in need of rest, people in need of fuel, they will seek out alternative service areas, where those alternative service areas are easily accessible and well signed. All we are asking is that the existing services on the N9 continue to be accessible to the travelling public, continue to be signed off the road and that the viability of those businesses, the employment that they create and the facilities that they provide for the communities in which they are located are not jeopardised by the creation of on-line services which will exist in isolation, an island of development, accessed only from the motorway, as opposed to what we have got at the moment, which is a series of businesses which have served the travelling public for many years and which we hope will continue to be viable into the future.

9.0 Summary for the NRA and Kildare Co.Co. 9.1 Mr. McGuiness SC

195 Before commencing his summary Mr. McGuiness handed up to the Inspector, two documents(1) Schedule of commitments and amelioration measures, and (2) A list of some errata in the EIS. In relation to the schedule of commitments document, he said,this is a printed compilation of all the commitments and mitigation measures which are identified in the EIS. These had all been extracted from the EIS and clipped together with any other commitments which were given by (NRA)witnesses during the course of the hearing. Those latter commitments are shown in red on the document for ease of identification. Mr. McGuiness In his closing remarks also acknowledged the manner in which the oral hearing was conducted and thanked the representatives for the parties, Mr. McGree, Mr. Carroll and Mr. Hughes and their witnesses and people who made submissions on their behalf. He said - “ in closing the case for the service areas, he would like to focus on,to just reflect on who they are for. These service areas are being provided by the NRA. They are not for the NRA, they are for the people of Ireland who travel the length and breadth of the country, who have journeys to make, sometimes short, sometimes long journeys, but who take journeys in a wide variety of circumstances, at night, sometimes in a hurry, sometimes in times of distress, sometimes in times of happiness, on their way to social events and family events. I think nobody who has travelled the roads of Ireland over the last several years, since the road network has been substantially upgraded, although that is not complete, nobody could but identify with the need for service areas and for facilities. Anyone travelling on holidays with young children will readily, but not fondly, recall squalling children, hungry children, children with needs that have to be met, and cannot often be met. All of these needs that the service areas will provide are intended for the benefit of all the citizens of Ireland who travel on our roads. They are intended also for tourists who travel on our roads, who will be able to get tourist information in relation to their locality that they are in while they are travelling. They are intended for the long- distance haulier, who, although there may be lay-bys on national roads -- there may, indeed, be truck parks at different places -- have been ill served over the years by the lack, on a national basis, of any planned structured services available to help them do their job. As everybody knows, that is an industry which is, understandably, highly regulated and one in which, as Mr. Quinn's submission will have demonstrated very quickly, they need to take rests having regard to a prescribed number of hours driving and for

196 prescribed times. All that I am saying is that there is a very wide variety of travellers on our roads for whom there is at present nothing. The NRA, it is easy to understand the criticism that has been levelled at it for its changeof policy, but it is a change of policy, sir, that I expect you to understand and I expect the Board to understand it, because it is incapable of being rejected as a basis for what is being proposed. It is eminently sensible as a measure in itself. On a legal note, this is the policy of the NRA, and what this hearing is not about is whether it should be the policy of the NRA or whether it is a wise policy or inquiring into how it was adopted or whether there was sufficient study done to enable it to be adopted. Everyone must take it as it stands as being the policy.I do not say that in a dictatorial way. That is the position which is reflected in the Planning and Development Act, in that the Board must take the policy of the NRA as being one of the policies of a statutory authority that they have to have regard to making any decision in relation to the proposal. I suppose, in a sense, that applies to you as an agent of the Board,who has to report to the Board in relation to your findings. That, in my submission, is a fundamental point to start from. The second thing to emphasise about this hearing is, is it is an application for the approval of the proposed motorway service areas for the M9. It is not and cannot be transformed into a different process, which is the approval or otherwise of a slip road proposal.Whilst it is interesting to engage with that -- and I hope it has been helpful for you to consider all the information in relation to that -- ultimately, there are a number of hard facts to be stated in relation to that proposal. Firstly, although I do not in any way query the intentions or the integrity of the people who put this forward, as a matter of law they have no statutory power to make a proposal for a road development. Secondly, in terms of the Board itself, the Board is not a road authority either, for the purposes of our discussion. Most importantly, it is not a proposal related in any way to the service area proposed by the NRA which is the subject matter of this hearing. There are some fundamental facts about it, which means that it cannot be either put forward, evaluated or recommended in any way or decided upon by the Board in any way, as if it were a road authority's proposal for a road. It is put forward, perhaps, in a different context, with a view to questioning the wisdom of the policy or questioning whether the

197 NRA have, in fact,considered alternative proposals, including a do-nothing scenario. In relation to this proposed slip road, may I say first of all that the proposed M9, as demonstrated in evidence, has provided for interchanges at Kilcullen and Mullaghmast. That is the layout of the M9, with those interchanges, as proposed by the NRA and as sanctioned by the Board. I can only ask you to take Mr. Maher's evidence as to the appropriateness of that layout as a starting point. The fundamental point, insofar as Mr. O'Reilly and Mr. Wall are concerned, is that those junctions can be used to access the services, that is a fact. The second fact is that the commitment at the M9 hearing to provide the appropriate signage at the Mullaghmast roundabout, and Mr. Maher has told you unequivocally that such signage, including signage at the junctions thereafter, will also be provided in relation to the Kilcullen interchange. These routes are there and will be there, and will be sign-posted in the normal way, in the same way as any other service will be sign-posted, to enable those road users to make a choice, and they can choose to go that route or not to go that route. From Mr. Wall's point of view, as I understand his evidence, he was making the point that his premises is a halfway house -- I think that means halfway between Dublin and Kilkenny, where custom and time-honoured practice has meant that victorious teams or otherwise, have stopped on their way home. The Priory is a public house and a restaurant and it is not, as such, in direct competition with the motorway service areas which will not be providing any intoxicating drink of any kind at all. Certainly, our wish -- I think I can say this on behalf of the NRA -- is that the loyal customers and clientele who have benefited from a well-run establishment, such as The Priory, that they will continue to patronise it in the same way that they did before, and they will have the choice to do so and they will have the road opportunity to do so, and we would hope that they would do so.” Mr.McGuinness continued - “I think that brings me on to the next point, that the consequences of the slip road proposal are in one respect, although it looks like a small proposal, a small slip of road, they are in fact enormous in terms of its context, if it were to be used as a reason for either not recommending or not sanctioning the proposed service areas, because, in essence, what the NRA proposal does is to allow the maximum choice between on-line and off-line facilities.

198 It respects the powers of private persons to have or to propose service station areas themselves off-line while allowing the NRA to be the proposers, and the only proposers, of the on-line facilities. There is an ability there, on the part of the NRA on the one hand, to develop for the maximum benefit of the road users the on-line facilities and for the off-line providers to do so themselves. The result of the proposal in relation to this slip road would be to skew entirely the NRA policy for on-line service stations. It is obvious that were it capable of being used in that way, you would have an entirely anomalus situation whereby southbound users of the M9, driving down the country on the motorway constructed at enormous public expense, would suddenly find that they have no service areas provided for them, and they would look with envy, perhaps, across the motorway and find that northbound users have. The result of that would be, in Mr. O'Reilly's expectation,and I think Mr. Wall's expectation, that the traffic which was intended to be diverted from the N9 by the construction of M9, in fact, gets diverted back onto the old road, with all the safety issues that have been identified in the evidence, and they would be required to travel along the distances that we have heard about in search of services. In my submission, that would make a tatters of the NRA on-line policy if this were to be used, or it were capable of being used in this way, because I would hazard a guess that there is hardly a motorway or a proposed motorway replacing a national road somewhere that does not have a service station or perhaps a restaurant or a public house on it that could make the same plea. Obviously, if the plea were to hold water or have weight or be given weight in some way, it would be a total abnegation of the policy of the NRA and it would lead to its frustration, frustration on at national level. This is the important point, I think, about the policy. It is a national policy. In my submission, Mr. Maher's evidence, both on the original day of his evidence and dealing with the questions you have raised, demonstrate the necessity to have a national strategy for it. A national strategy means that you must be able to deliver it locally where it is considered appropriate. In my submission to you, when you carefully consider his evidence in that regard, you will be compelled to the view and, in my submission,you should recommend to the Board that they approve the motorway service areas. Mr. McGree, in his submission, repeated points that he made throughout the hearing, that there was no consideration given to alternatives or to off-line

199 options. In my submission, when you look at that, you will see that it is wrong for two reasons. Firstly, because it is wholly illogical to have a national policy for the provision of on-line services and then expect that you would throw out the policy in favour of deciding upon an alternative course of action to provide off-line facilities which do not deliver the same benefits to the road users of the motorway, in terms of safety, ease of access, convenience, and all of the other criteria identified by Mr. Maher as justifying the adoption of the policy of the NRA. I ask you to reject it for that reason. I also ask you to reject that criticism, because it is quite clear that the alternatives are left in place by the provision of on-line services. The roads are still there, the service station and the establishments to refresh oneself are still there, and the travellers have the choice as to which route they should go; if they want to travel on the smaller roads at slower speeds, and perhaps in slightly more dangerous conditions than travelling safely on the motorway, that is a matter for them. I ask you to reject the slip road proposal, insofar as it is being used as a basis for either overturning the NRA policy in relation to on-line service areas or as a basis for impugning their assessment of whether these service areas have been properly considered It is, of course, the case that the study, having been identified by the consultants in accordance with the NRA guidance on that, that alternatives in relation t the location of the service areas on-line were considered. You have the considerable evidence from Mr. Crawford as to the different locations that were identified and assessed in accordance with both the quantitative and qualitative assessments that he told you about this afternoon, so there is a consideration of the alternatives in terms of the siting of on-line service areas. Insofar as the impacts are concerned, I would ask you to have particular regard to the evidence of Ms. Ryan in terms of the assessment of those impacts, in accordance with they way in which they ought to be assessed under the guidelines which she has referred to, in particular the Retail Planning Guidelines. In terms of the ultimate impact, in my submission, Mr. Inspector, you can be confident from the entirety of the evidence that the unfortunate reality is that what is being complained about is what has already been authorised, which is, in effect, the removal of all of the N9 traffic onto the now being constructed M9. It is a fact that it has not yet resulted in the removal of the level of traffic from the N9, but that is what is going to occur. There is, obviously, the position that they fear what that will mean, and it will

200 mean what was assessed at the time of the M9 Environmental Impact Statement, that there would be a significant impact by reason of the removal of those levels of traffic. The issue which you identified this morning,Mr. Inspector, with respect to you, is the correct issue -- what is the likely level of impact over and above that which is going to be caused by the authorised M9. Again, you have Mr. Maher's evidence on that, which, in my submission, is helpful in enabling you to assess the impact. It is the case, obviously, that the M9, not having been constructed, it has not obviously proved possible to do any traffic surveys on it, but the NRA have utilised whatever traffic data is relevant in trying to assess likely turn-off figures from a motorway to adjacent services, on motorways where there is no service area on-line, and it shows that the turn-off rate is very small. The conclusion which you can and ought to draw from that is that even when motorway service areas are located on a motorway, the likely effect on that is of that tiny order of magnitude, in that even if all of that, under 1%, were to go to a motorway service area, that is the maximum likely impact. Obviously, that is probably too high a figure and that there is still a large element of choice and people can return to services that they have accessed on old roads before, if they wish to, and they will be sign-posted, as indicated by Mr. Maher. In terms of the objections which have been raised on behalf of Ms. Coughlan, in my submission, those have been met on the evidence. I invite you to conclude that there are no issues with regard to the County Development Plan raised by either Mr. McGree or on behalf of Ms. Coughlan that are sustainable at all. You have then, in my submission, very clear evidence from Mr. Kenny of Kildare County Council that, in the opinion of the Council, it is sustainable and it is in accordance with the provisions of the County Development Plan, in particular having regard to the objectives, and in particular objective NR 6 of the Transportation Objectives. Just to revert back to the slip road proposal, you will of course recall the evidence that the lands, in fact,are not even included in the take proposed for the M9 road at the moment and extra lands will be required, but it raises the issue of what justification could there be for providing - I do not say it is a private slip road, but a slip road to be built at the instance of two private citizens from a motorway, where the Board and the NRA have already established the interchanges on the motorway to be at Kilcullen and Mullaghmast. Mr. McGree referred to two instances where he said that this

201 had apparently happened at Monasterboice and my understanding is that that was a matter done in the 1980's, pre the NRA, and certainly the NRA do not regard that as a precedent in any way, shape or form. Secondly, he mentioned Carrickdale, and that is the situation of a hotel close to the border, as Mr. McGree told you, where the land-take for the construction of the motorway was such, and the terrain was such, that there was no other option to give them access to a public road other than by the construction of arrangements to enable them to join the motorway at that stage. I do not need to say much more, Inspector, other than that I ask you to commend the scheme to the Board, I ask you to reject criticisms that have been made against it. Insofar as there is any additional mitigation concerned, if you have any further queries in relation to additional mitigation, I will be happy to hear them and to deal with as best I can. Otherwise, the scheme is proposed, with all the landowners having withdrawn their objections, no objection to the acquisition of any of the land for the scheme still stands, and with the amelioration measures as proposed and gathered together in the schedule there before you.

The Inspector thanked all who had participated and closed the oral hearing.

1.0 Assessment and Recommendation of the Inspector

10.1 Need for the Proposed Scheme. This was dealt with by Mr.Pat Maher NRA who pointed out the need for Service Areas on the National Primary network,the development of the NRA Service Area policy and the criteria used in selection of Service Area locations.He pointed out that one of the key objectives of Government policy concerning national roads was to improve the level of service available to road users.He referred to the significant safety dimension to the NRA`s service area programme.He dealt with international comparisons and set out the key parameters in service area design and the principal features of NRA Service Areas. I am satisfied that the need for the scheme in accordance with their current adopted policy was demonstrated by the NRA.

202 10.2 Compliance with the Development Plan & the Proper Planning and Sustainable Development of the Area Cliona Ryan,Declan Brassil & Co.Ltd.,dealt with the proposal in the context of the National Development Plan,the National Spatial Strategy,the Retail Planning Guidelines and other national and regional guidance.She dealt also with the proposed scheme in the context of the local statutory planning requirements and planning history.This was augmented by Mr.Michael Kenny,Senior Planner,Kildare County Council who referred to the recent decision by An Board Pleanala to approve the M4 Enfield Service Area in county Kildare which is covered by the same County Development Plan.He pointed out that in making it`s decision the Board had regard to :- - the provisions of the Roads Act (as amended) - the nature and function of the Service Area - the provisions of the current Kildare County Development Plan The Motorway Service Area proposed by the NRA at Kilgowan is also in accordance with the overall objective of the local authority as set out in the Kildare County Development Plan 2005 - 2011 which seeks “to facilitate the adequate provision of Motorway Service Stations at appropriate locations in the county”.The proposed development is acceptable and in accordance with the proper planning and sustainable development of the area. The justification for the scheme within the Strategic Planning Context has been adequately demonstrated and I am satisfied that the proposal accords with the Proper Planning and Sustainable Development of the Area 10.3 Site Selection &Land Acquisition This was dealt with by Mr. Ernie Crawford,Halcrow Barry who dealt with the general methodology of the site selection,selection of the study area and the constraints applying to this.He then produced in tabular form each of the sites considered and the criteria applied to them and finally compared these in a single composite table before chosing the preferred site option at Kilgowan West(site 1A). Mr.Crawford then detailed the lands to be acquired,13.3ha.,stating that these were the minimum required for the service area.Mr.Crawford then detailed the site layout,access and internal roads for the scheme,structures fuel facilities,surface water and foul drainage,utilities ,fencing and landscaping.He pointed out the detailed evidence on many of the foregoing which would be given at the oral

203 hearing.Detailed evidence was subsequently given by the following - - James Montgomery - Architecture - F.Ryan - Surface Water - Richard Kent and John McGowan - Foul Drainage - Kieran o`Dwyer - Soils,Geology and Hydrogeology - Peter Heffernan - Safety & Envirinment - Martin Deegan - Traffic - John Bligh - Agricultural Properties - Jane Harmon - Noise & Vibration - Eoin Collins - Air Quality - Janet Slattery - Ecology - Lisa Courtney - Archaeological,Architectural & Cultural Heritage - Thomas Burns - Landscaping Mr.Crawford then dealt with the construction stage and diversions /accomodation works.

I am satisfied that the all viable options consistent with current NRA policy were considered, prior to the preferred site selection, and that the proper standards were applied.I am satisfied that all lands being acquired are necessary for the scheme and all the necessary lands required by the scheme are being acquired.

10.4 Extinguishment of Right`s of Way There were no public Right`s of Way to be extinguished in conjunction with the proposed scheme.

10.5 Response to Submissions and Objections Received 10 .5.1 In relation Objections to the CPO .In total there were three written objections received by An Bord Pleanala to Part I of the CPO These objections were withdrawn as follows - JJ.O`Neill Owner the plots numbered 101 and represented by Jordan Auctioneers & Valuers David Snell,Occupier,of plot numbered 101c101 These were withdrawn prior to the oral hearing and the letter of withdrawal was read into the record of the hearing. William Cole,owner of plots 102a101,102b101 represented by Nagle Agricultural Consultants. Following negotiations with NRA this was withdrawn during the course of

204 the oral hearing. An objection under Part IV was received from Antoinette Coughlan in relation to plot 103a400 (prohibition of access). Following the withdrawal of the objections as detailed above I am satisfied that the CPO can be confirmed. 10.5.2 In Relation Submissions and Objections to the EIS 10.5.2.1 Dept.of Environment,Heritage & Local Government Requiring that - “that pre-development testing be carried out at this site and included as a condition in the granting of any planning permission” This was responded to by Ms.Lisa Courtney as follows - In accordance to the requirements of the National Monuments Section of the Department of the Environment, Heritage and Local Government - Chapter 16 of the EIS recommends that a programme of archaeological test excavation will be undertaken within the proposed service area and completed prior to construction. The proposed mitigation measures have been discussed with the National Monuments Section of the Department of the Environment, Heritage and Local Government.All archaeological work will be carried out on site in accordance with the recommendations of that Department. I am satisfied that this adequately addresses the requirements of the Department 10.5.2.2 Eastern Regional Fisheries Board Regarding the effect on the quality of the consequent discharge from Osberstown Sewage Treatment Plant to the receiving waters - This was dealt with by Mr.Kent,Halcrow Barry and Mr.John McGowan,Kildare County Council who pointed out that as part of the requirements for the foul drainage,it was now proposed to install full secondary treatment for the sewage on site at Kilgowan.This is further detailed under items 15,16 & 17 of the Schedule of Commitments and Amelioration Measures updated by the NRA prior to the close of the oral hearing and attached to this report. The concerns expressed by the Eastern Regional Fisheries were dealt with in detail in the course of the oral hearing and I am satisfied that these have been adequately addressed. 10.5.2.3 Damien Hughes & Assoc. on behalf of Antoinette Coughlan Regarding the serious affect of the proposed development on their client`s property.The many facets raised in relation to this objection were dealt with by various witnesses in the course of the oral hearing and in particular with regard to mitigation measures by Mr.Thomas Burns.It was made clear to

205 Ms.Coughlan that landscaping adjacent to her boundaries could be tailored to her needs.This is further detailed under items 14,16 & 50 of the Schedule of Commitments and Amelioration Measures updated by the NRA prior to the close of the oral hearing and attached to this report.

I am satisfied that sufficient offers have already been tabled by the NRA in this case to enable agreement between the parties to be reached or failing this to be referred to another forum for determination. 10.5.2.4 Crookstown Service Station per Seamus O`Reilly, Thomas Wall on behalf of The Priory(Walls of Kilgowan ) Sean, O`Fearghail TD Usk & District Residents Association. These have been grouped together as,many of the objections made and the concerns expressed are similar and overlapping.They are summarised hereunder - - loss of business arising from the proposal and the affect particularily on the local businesses situated along the N9. - alternative less costly options were not considered particularily the use of a “slip road off the M9” at Kilgowan. - the use of this “slip road” on an interim basis pending the provision of the Service Area Scheme. - the EIS is deficient/flawed as it failed to consider the “do minimum” or the “do nothing” scenario. - the EIS is deficient/flawed in relation to the socio-economic assessment.The M9 2004 Motorway Scheme was confirmed based on an “offline” policy together with the provision of appropriate signage and an expectation of some traffic diverting for services.In the E I S for that road scheme it was stated that:-The impact is likely to be most significant on businesses located on the existing N9 (though it may affect some businesses on the N78 also). These include petrol service stations, plant nurseries and restaurants. The M9 Motorway Scheme was assessed and approved having regard to one policy, which was that there would be no services on the motorway and that "some traffic may be expected to divert from the new road to avail of local services", whereas the current proposal assumes that services will be provided on the motorway and there would be little or no diversion of traffic from the M9 to existing services on the N9. This shift in policy means that the impact of the M9 and the associated M9 service area on existing businesses has not been assessed in any meaningful way in

206 either of the two Environmental Impact Statements And in relation to the assertion by the NRA at the oral hearing that “ the opening of an on-line service area will not attract significant further business away from existing establishments” ( on the N9 ) - in the absence of any detailed consideration of this issue in the Environmental Impact Statement, the NRA's statements on the extent of likely trade diversion is nothing more that unsupported conjecture. - the proposal is contrary to the Kildare County Development Plan. - the scale of the investment is unwarranted given the current economic downturn. In relation to the foregoing and the evidence given at the oral hearing I consider that,with regard to :- 1.Loss of Business. There was a considerable blurring of lines with regard to this aspect,some of the submissions not distinguishing between the loss arising from the original decision to provide the M9 and others dealing with with services which were not being provided in the proposed Service Area Scheme.This oral hearing can only deal with the additional services which may be impacted in consequence of the current proposal.This is dealt with at paragraph (5)below. 2. Alternative less Costly Options not Considered. I am satisfied that from the evidence given at the oral hearing that the option of a slip road at Kilgowan is “engineeringly” feasible.However,I am equally aware that that the NRA must be allowed to set their policy in a national context and that the proliferation of such solutions on the national network would be detrimental to safety and capacity.In any event this solution cannot be considered as it does not form part of any scheme properly before the oral hearing. 3.Use of the Slip Road as an Interim Solution. This was suggested on the basis that the Service Area Proposal could not be provided in time for the opening of the M9.Again this cannot be considered further for the reasons set out in paragraph(2) above. 4.The EIS is Deficient in that the “Do Nothing”/Do Minimum” Options were not Considered I am satisfied in setting their policy in relation the provision of “On-line” Service Areas the NRA fully considered the “do nothing” and “do minimum” options and that this was fully detailed in the EIS and at the oral hearing.

207 5.The EIS is Deficient in the Socio-economic Assessment of Existing Businesses on the N9. At 6.1 of the EIS it is noted that “Human beings comprise the most important elements of the environment.In carrying out development one of the principal concerns is that people should experience no significant diminution in an aspect or aspects of their quality of life as a consequence of the construction and operational phases of development. At 6.6.2 the conclusion reached is “The economic impact on the local area will be minimal during the operational phase.The primary purpose of this service is to serve national road users.It is not envisaged that the local population will use the facility for convenience shopping and it will therefore not have an impact on the local economy as a separate entity to it`s motorway function.The proposed entity will provide some full time and part time employment opportunities for the local community and surrounding areas. Again in dealing with one of the written submissions made, Ms.Cliona Ryan said “It is noted that existing businesses will be located off-line from the new M9 motorway and therefore trade patterns will have changed and will not be additionally significantly negatively impacted upon by the service area." Given the emphasis on the loss of business along the N9 adverted to in the EIS carried for the M9 Motorway proposal in 2004 in a situation where “off-line” with attendant signage was the NRA policy, it is difficult to reconcile this with the lack of any reference to the additional impacts in this location arising from the changed policy and the provision of an “on- line” facility under the current proposal or to escape the conclusion that the socio-economic analysis carried out in the current EIS was,in this respect, either deficient in the methology it applied or deficient in the way it applied the methology.At the oral hearing evidence was produced,based on data from a survey on the M1,that the maximum turn-offs from the M9,after opening, with no on-line services being provided would be 98. However there was no evidence before the oral hearing that figure was available and taken cognisance of when the conclusion was reached in relation to the businesses along the N9 that they would “ not be additionally significantly negatively impacted upon by the service area." Had a sequential approach been taken, in the socio-economic analysis in the current EIS, on the additional impact on the businesses along the N9 arising from the servive area scheme,the NRA would have given more

208 clarity and authority to the case as presented at the oral hearing. Despite this,there is no doubt from the evidence given both by the objectors themselves ,in relation to their dependance on passing traffic and by the NRA at the oral hearing,that the impact on the businesses along the N9 caused by the current proposal in comparison to the M9 Motorway proposal will be small and does not,in my opinion, provide sufficient justification for refusal to approve the EIS. 6.The Proposal is Contrary to the Kildare Co.Development Plan I do not accept this as set out at 10.2 above. 7.Scale of the Investment in the Current Economic Situation. This is a matter which may well be considered,but is outside the scope of this report. In summary,I am satisfied that the EIS should be approved,subject to the following modifications - - the inclusion of errata for the EIS,dated March 2009 and handed to the oral hearing on 12/3/2009,appended to this report. - the Schedule of Commitments and Ameliorarion Measures handed to the oral hearing on 12/3/2009,appended to this report - the further modification that standard signage in relation to the “off-line” services available be provided on the M9 in advance of the Mullaghmast and Kilcullen Interchanges and that appropriate follow up signage be provided off-line.All signage to be in position prior to the opening of the M9 motorway.

10.6 Summary and Recommendation The NRA has demonstrated the need for the proposed scheme and that the relevant alternatives were examined by them.They have indicated the alternative sites examined prior to the selection of the preferred site option.They have detailed the scheme and shown that the relevant current design standards are being applied and that all the land contained in the CPO is both necessary and suitable for the work proposed and that all the land necessary for the scheme is included.They have confirmed that the scheme complies with the relevant Development Plans, and the proper planning and sustainable development of the area.I am satisfied that the CPO should be confirmed. The NRA/Kildare Co.Co. has demonstrated in the course of the EIS how the scheme will be carried out and the Commitments & Amelioration measures including those agreed in the course of the oral hearing( as

209 detailed in Appendix iv) which will be carried out by them.I am satisfied that they have addressed the concerns of the objectors in so far as is practicable and that the EIS should be approved subject to the the modifications as previously detailed.

Jim Hearn,Inspector May 2009

210 Appendices

Appendix (I) List of Objectors to CPO and Submissions/Objections to EIS

Appendix (II) List of Documents on Display at the Oral Hearing (only hard copies are provided with this report)

Appendix (III ) Documents Submitted to the Oral Hearing ( only hard copies are provided with this report. )

Appendix iv Schedule of Commitments and Amelioration Measures

211

Appendix I

Objectors to CPO William Cole,owner plots 102a101,102b101 represented by Nagle Agricultural Consultants .JJ.O`Neill Owner plots 101a101 to 101j400 represented by Jordan Auctioneers & Valuers David Snell,Occupier,plot 101c101 . Antoinette Coughlan owner plot 103a400 represented by Damien Hughes & Associates

Objections to and Submissions on EIS Dept.of Environment,Heritage & Local Government Eastern Regional Fisheries Board Damien Hughes & Assoc. on behalf of Antoinette Coughlan Sean O`Fearghail TD Crookstown Service Station per Seamus O`Reilly Thomas Wall on behalf of The Priory@Walls of Kilgowan Usk&District Residents Association per Des Henry

212

Appendix II

List of Documents on Display at the Oral Hearing

Fig.1 Map of Ireland showing - Service Area Locations proposed by NRA Drg.No.TJSARE-S2-SK-P1002-A1 M9 Kilcullen Service Area Proposed Layout Drg.No.TJSARE-S09-CP-001 M9 Kilcullen Service Area - Location of the Scheme Drg.No.TJSARE-S09-CP-002 Indicative Schematic Layout (scale 1/2500) Drg.No.TJSARE-S09-CP-003 M9 Kilcullen Service Area Scheme 2008 Deposit Map (scale 1/2500) Schedule of Lands to be Acquired & Lands from which means of access to or from Service Area is to be prohibited,closed,stopped up, removed, altered,diverted or restricted. Vol.6 Section 3,Part 3 NRA TA 90/04 Draft - The Location and Layout of National Road Service Areas (Sept.2004)

213 Appendix III

List of Documents Submitted at the Oral Hearing On behalf of NRA,Briefs of Evidence:- Pat Maher NRA - marked 3.2.1,3.2,2,7.1 Cliona Ryan Declan Brassil & Co. - 3.3.1A,3.3.1B,3.3.2 Ernie Crawford Halcrow Barry - 3.4.1,3.4.2,7.3 James Montgommery Niall Montgomery &Ptnrs. - 3.5.1 Francis Ryan Halcrow Barry - 3.6.1 Richard Kent do. - 3.7.1,3.7.1A Michael Kenny Kildare Co.Co.- 3.8.1 Kieran O`Dwyer Halcrow Barry - 3.9.1,3,9,1A Peter Heffernan Safety Engineering & Environmental Consultants - 3.10.1 Martin Deegan Halcrow Barry - 3.11.1,3.11.2 John Bligh Philip Farrelly & Ptnrs. - 3.12.1 Jennifer Harmon AWN Consulting - 3.13.1,3.13.2 Eoin Collins do. - 3.14.1 Janet Slattery Halcrow Barry - 3.15.1 Lisa Courtney Margaret Gowen & Co.Ltd. - 3.16.1,3.16.1A,3.16.2 Thomas Burns Brady Shipman Martin - 3.17.1,3.17.2

Briefs on behalf of Objectors:- Sean O`Fearghail TD - 5.2 Bill Forristal Buckeridge forristal Partnership - 5.5 Liam McGree &Associates Ltd. - 5.6 Do.Schedule of those wishing to make submissions - 5.7 John O`Reilly - 5.8 Marcella O`Reilly - 5.9 Damien Hughes &Associates Ltd. - 5.11

Schedule of Commitments and Amelioration Measures Errata to EIS

Letters of Withdrawal of Objections from Jordan Auctioneers

214 Appendix IV Schedule of Commitments and Amelioration Measures As part of the statutory process, an Oral Hearing was held by An Bord Pleanála. The oral hearing was held at Killashee House Hotel, Naas, County Kildare and ran from March 10 th 2009 to March 12 th 2009.This document provides a schedule of the commitments made both in the EIS for the M9 Kilcullen Service Area and those made during the course of the Oral Hearing.

Table of Contents

Reference Applies to Chapter Number in EIS, Vol 2 Unless Otherwise Item Text Stated

Design

The local service road will be a private controlled access in order to restrict its use from the local road network to employees and emergency vehicles accessing the service 1 area. 3.16.1

Coach parking is provided with a clearly defined pedestrian route within the parking bay, which directs passengers in front of coaches to enable full visibility of pedestrians to departing coach drivers. Where staff and HCV drivers/passengers need to cross the circulatory roads the footpath network will be 2 provided with identified road crossing points. 3.16.3

Cyclists (staff) are provided for by the installation of cycle parking facilities. The parking facility will be as per Figure A/6 of 3 NRA TA 70/08. 3.16.3

The layouts of the two forecourt areas will allow only for one-way traffic flow through the passenger vehicle and HCV/coach forecourt areas. The two forecourts will be separated by a physical kerb/barrier to prevent vehicles passing from one forecourt 4 to the other. 3.16.4

3.16.4 A 3.0 metre high noise barrier will be provided along the north west boundary Barrier make adjacent to the HCV circulatory carriageway as shown on Figure 3.2, Volume 3. up Commitment This barrier is to be made up of a 2m earhten berm with a 1m high acoustic barrier at 5 constructed on top. Oral Hearing

A 2.0 metre high secure fence will enclose the site in order to prevent trespass to adjacent land. The fencing and landscaping will be integrated so as to minimise visual 6 impact on the local environment. 3.16.4

Environmental sustainability will be addressed with a high U-values envelope, a low CO2 footprint, and using materials with low embodied energy. As part of the Building Energy Assessment appraisal, running costs will be set against the initial costs in use to provide a ‘whole life energy 7 cost’. 3.16.5

The air vents associated with the amenity buildings have been situated away from 8 nearby sensitive receptors. 3.16.5

A minimum of 20% of the building's energy requirements will come from renewable 9 sources. 3.16.5

The fuel storage tanks will be double-skinned and will be equipped with leak-monitoring devices. The devices detect changes in the level of the monitoring fluid and thus measures any leak in the inner or outer shell of the tank. Changes are indicated by way of 10 a visible and audible alarm. 3.16.6

The level of lighting specified for the various zones within the service area will be the minimum required for safe and convenient use of the facilities by the public, while minimising light pollution at nearby sensitive 11 receptors. 3.16.7

Mounting heights of lighting columns on the mainline shall be a maximum of 12 metres, and within the service area a maximum of 10 12 metres. 3.16.7

The type of lantern to be used throughout the 13 project shall be full cut-off flat glass type. 3.16.7

Commitment Restore local road to acceptable standard at 14 after construction of water and sewer mains Oral Hearing

Within the Environmental Impact Statement it was proposed to install pre-treatment to reduce the BOD load to domestic strength of 300mg/l. After further consultations with Kildare County Council, they have stated that with secondary treatment from the service area to Royal Commission Standards (20mg/l BOD & 30mg/l SS) the additional 13PE BOD loading can be accommodated at Osberstown WWTP. Once additional treatment capacity at Osberstown WWTP becomes available the service area treatment plant may reduce its treatment process to pre- treatment with a discharge standard of 300mg/lBOD. The proposed secondary Waste Water Treatment Plant will cover an area of approximately 1300m2 and there is sufficient space in the north east of the service area site Commitment to locate the treatment plant. at 15 Oral Hearing

Odour sampling will commence on completion and successful commissioning of the WWTP when the service area is in its operational phase. Odour sampling analysis using olafactometry shall be carried out upon commencement of the O&M Contract at the WWTP site boundary adjacent to the nearest

dwelling. Thereafter monthly H 2S monitoring will be undertaken and recorded using a Commitment portable gold leaf analyser. at 16 Oral Hearing

The WWTP inlet pumping station will have 24 hours emergency storage of the final effluent and 6 hours storage at the inlet pumping station. In the event of power failure/or plant failure at the site, a telemetry signal will be sent to the on-call operator. Within the performance requirements of the Contract Documents, maximum response times will be specified but will not exceed 3 hours.

The control panels of the plant will be fitted with generator sockets. In the event that the operator cannot restore power (by mobile generator) or there is mechanical failure of equipment (note: all critical plant shall be duty/standby) the operator will tanker the sewage to Athy WWTP. Kildare County Council have confirmed that this plant has sufficient spare capacity to accommodate the development. Commitment at 17 Oral Hearing

The routing of the rising main shown is a specimen design that demonstrates that access to the sewerage system is technically feasible. However the final route of the rising Commitment main will be determined at detailed design at 18 stage Oral Hearing Commitment Plug in points will be provided for at 19 refrigerated vehicles Oral Hearing Soc io-economic and Community Effects

All haulage of plant and materials to and from the construction site will be made from the M9 motorway with the exception of construction traffic associated with the connection to the water main and construction of the foul rising main. Construction traffic may also be permitted to use the L6091 in exceptional circumstances and with prior approval of the Local Authority.

20 6.7.1 Operation of machinery shall be in compliance with the NRA Guidelines for the Treatment of Noise on National Road Schemes. 21 6.7.1 The Contractor will develop and apply an Environmental Operating Plan 22 6.7.1

Should there be any route diversions, advanced warning, including recommended alternative routes, shall be given with the appropriate signage. 6.7.1

All roads used by construction traffic shall be clearly marked with appropriate signage alerting road-users of any potential hazards and necessary temporary speed restrictions. 23 6.7.1 CCTV cameras shall be installed and appropriately trained staff will be available. 24 6.7.2 There shall be proper management of the facilities in line with good operational practice. 25 6.7.2 Traffic

A Construction Traffic Management Plan will be prepared by the contractor(s) prior to the commencement of any construction works. Consultation with Kildare County Council, the NRA, An Garda Siochána and other stakeholders will be undertaken to obtain consensus on the necessary construction traffic management and monitoring measures required within this plan. 26 7.7.1 All haulage of plant and materials to and from the construction site will be made from the M9 motorway with the exception of construction traffic associated with the connection to the water main and construction of the foul rising main. Construction traffic may also be permitted to use the L6091 in exceptional circumstances and with prior approval of the Local Authority. 27 7.7.1 Wheel wash facilities will be provided on- site to ensure that construction debris will not have an impact on the quality of roads in the surrounding area. 28 7.7.1

Construction vehicles shall not be permitted to park on the local road network or on the hard shoulder of the M9. Parking will be provided on the construction site for both employees and visitors. 29 7.7.1 During the operational phase access to the service area via the L6091 access, will be restricted to staff, and when required, emergency vehicles. All customers and service related traffic movements will be catered for from the M9 access. 30 7.7.2 Advance warning signage and road markings will be provided on the M9 in advance of the service area advising motorists of the service area; 31 7.7.2 Appropriate measures will be put in place to ensure that the service road access is used as intended; 32 7.7.2 Suitable levels of signage and pavement markings will be installed within the site in order to reduce any potential traffic hazards; 33 7.7.2

Adequate lighting will be provided for the site; 34 7.7.2 Regular monitoring and reporting procedures will be carried out by site management to ensure the smooth and efficient running of the service area from a traffic safety and capacity perspective. 35 7.7.2 Air Quality and Climate 8

A dust minimisation plan has been formulated and shall be implemented as part of the Environmental Operating Plan 8.5.1 And

36 18.5.1 Traffic will be free flowing in the vicinity and within the proposed service area which will minimise the production of traffic related 37 pollutants. 18.5.2

Noise and Vibration 9

During the construction phase reference shall be made to BS5228: Noise control on construction and open sites for guidance on various practice to be adopted during the construction phase including 38 9.6.1

Construction hours will be limited where site activities are likely to create high levels of noise and vibration. 39 9.6.1 Establishing channels of communication between the contractor, Developer, Local Authority and residents 40 9.6.1 Appointing a site representative responsible for matters relating to noise and vibration 41 9.6.1 Monitoring typical levels of noise and vibration during critical periods and at sensitive locations 42 9.6.1 Site access roads will be maintained is such a way as to mitigate any vibration from lorries 43 9.6.1 Plant with low inherent potential for the generation of noise and vibration will be selected where practicable 44 9.6.1 Barriers shall be erected around noisy processes and items such as generators, heavy mechanical plant or high duty compressors 45 9.6.1

Noisy/vibratory plant shall be placed as far away from sensitive properties as permitted by site constraints and should be limited to values set out in Table 9.1 46 9.6.1

During the operational phase Proprietary noise and vibration control measures shall be employed in order to ensure that noise emissions from the proposed building services plant do not exceed the criteria 50dB LAeq,1hr daytime and 45dB LAeq 5 min night-time at 1 metre from the façade of the nearest neighbouring residential dwelling.

47 9.6.2 The predicted noise levels associated with the proposed filling station activities will be considered during the detailed design period in order to ensure that the noise emissions are 48 within the adopted criteria 18.6.2

With regard to building services plant, the following forms of noise control techniques will to be employed:

duct mounted attenuators on the atmosphere side of air moving plant; splitter attenuators or acoustic louvres providing free ventilation to internal plant areas; solid barriers screening any external plant; and anti-vibration mounts on reciprocating plant. 49 9.6.2 In terms of the filling station the following mitigation measures are proposed: · selection of plant/pumps with low inherent potential for generation of noise; and

· siting of noisy plant as far away from sensitive properties as permitted by site constraints.

9.6.2

Landscape and Visual Impact

The nature and detail of landscape proposals in the vicinity of Ms Coughlans property will Commitment be discussed with Ms. Coughlan at detailed at design stage. 50 Oral Hearing

Construction phase landscape mitigation measures shall be in accordance with the NRA Guide to Landscape Treatments on National Road Schemes 51 10.5.2 Existing hedgerows that can retained shall be protected with appropriate fencing prior to the construction phase

52 10.5.2 Landscaping shall only use native plants and seeds from indigenous sources

53 10.5.2 During the operational phase In order to provide a measure of screening to the six affected properties it will be necessary to maximise the width available for screen mounding and planting along the eastern boundary of the site parallel to the motorway 54 10.5.2

Plantings should be established on berming of a minimum 6.0m in height, which will provide for an element of immediate screening. The side slopes of the berm should not exceed 1 in 3 on the road side and 1 in 2 facing into the site. This will require a minimum ground width (allowing for verges), of 45 metres from edge of carriageway to edge of internal circulation road. A minimum width of 30 metres of mixed deciduous woodland screen planting and understorey shrub mix will be required along the eastern boundary parallel with the M9 55 10.5.2 Mixed planting should also run along the both sides of the proposed access road off the interchange which will link visually to the existing woodland visible on the horizon of Panorama 3. This woodland should extend into the service area 56 10.5.2

In order to maximise the screening to the principal impacted properties shallow graded mounding and planting shall be provided along the northern and north eastern boundary of the proposed service area site parallel to the local road. 57 10.5.2 Planting shall be established on the mounding to minimum 3.0m in height. The slopes of the mound facing the proposed service area shall not exceed 1 in 2 and the slopes on the road side shall not exceed 1 in4 or 1 in 5 58 10.5.2 Shrub planting shall be used for lower level screening and tree planting will be limited so as to avoid impact on long range views 59 10.5.2 Lighting standards shall be fitted with flat glass, fully horizontal cut off fittings so as to reduce light spill and illumination but shall be kept to the minimum required for the safe use of the proposed service area 60 10.5.2

Construction phase landscape mitigation measures shall be in accordance with the NRA Guide to Landscape Treatments on National Road Schemes 61 18.7.1 Existing hedgerows that can retained shall be protected with appropriate fencing prior to the construction phase

62 18.7.1 Landscaping shall only use native plants and seeds from indigenous sources

63 18.7.1 A 1.8m high close boarded fence between points A and B on drawing no.TJ-SARE- S09-PD-SK04.The fence type is to be similar Commitment to that constructed on the R158 Trim- at Oral Summerhill-Kilcock Scheme. 64 Hearing A 2m high earth bund between points C and Commitment D as illustrated on drawing no.TJ-SARE- at Oral S09-PD-SK04 65 Hearing

Ecology

The contractor, prior to commencement of any construction related works, shall be required to assess sediment and erosion in the Environmental Operation Plan;

66 12.6 The contractor shall be required to store chemicals and other construction materials safely and ensure that no oil or chemicals are discharged into watercourses;

67 12.6 Construction works directly affecting watercourses will generally be restricted. The period when in stream works are permitted will be agreed with the fisheries board before any temporary or permanent in stream works commence;

68 12.6 Should any culverts be required, consultations shall take place with the Eastern Regional Fisheries Board and the Office of Public Works with regard to design and positioning;

69 12.6 In addition, the contractor will be required to consult further with the Eastern Regional Fisheries Board and the OPW regarding the implementation of mitigation measures designed for both the construction and operational phases of the job before construction commences;

70 12.6

Temporary silt traps shall be put in place to minimise impacts on nearby watercourses. Temporary facilities to trap any accidental spillage shall also be required;

71 12.6 The contractor shall construct and commission elements of the permanent drainage system as early as practicable. Construction of the tanks needed for attenuation of the run-off from the proposed development will also need to be completed at an early stage.

72 12.6 During the construction phase the NRA Environmental Assessment and Construction Guidelines shall be followed prior to, during and post construction of the proposed service 73 area 18.8.1

The Environmental Manager shall arrange for a suitably qualified ecologist to carry out an ecological walkover before authorisation may 74 be given for the site clearance to commence 18.8.1 Hedgerows will be retained where possible so as to maintain wildlife corridors

75 18.8.1

Hedgerows to be retained will be identified, clearly marked and protected by the Project ecologist prior to site clearance. Fencing shall be erected outside the maximum branch 76 spread of any trees to be retained 18.8.1 Where possible clearance of hedgerows and trees from the proposed site shall not take place between March 1st and August 31st to avoid the bird nesting season. Where clearance is unavoidable the Environmental Manager shall arrange a nest survey by a suitably qualified ecologist and where necessary consult with NPWS to develop a 77 mitigation strategy 18.8.1 The proposed development site shall be surrounded by badger fencing to exclude badgers from the proposed development.

78 18.8.1 During the operational phase to mitigate for the loss of habitats such as hedgerows and treelines, planting will be undertaken at appropriate locations throughout the 79 proposed service area site 18.8.1 Attenuation ponds will be used to treat surface water run off and the constructed 80 wetland will provide ecological benefits 18.8.1

Water

To reduce these potential construction impacts the following mitigation measures shall be implemented: The contractor, prior to commencement of any construction related works, shall be required to have an approved Sediment and Erosion Control Plan on-site as part of the Environmental Operation Plan; 81 12.6 The contractor shall be required to store chemicals and other construction materials safely and ensure that no oil or chemicals are discharged into watercourses;

82 12.6 Construction works directly affecting the watercourse shall generally be restricted. The period when in stream works are permitted will be agreed with the fisheries board before any temporary or permanent in stream works commence;

83 12.6

During the detailed design stage, consultations shall take place with the Regional Fisheries Board and the Office of Public Works with regard to design and positioning of culverts;

84 12.6 In addition, the contractor/concessionaire will be required to consult further with the Regional Fisheries Board and the OPW regarding the implementation of mitigation measures designed for both the construction and operational phases of the job before construction commences;

85 12.6 Temporary silt traps shall be put in place to minimise impacts on nearby watercourses. Temporary facilities to trap any accidental 86 spillage shall also be required 12.6

The contractor/concessionaire shall construct and commission elements of the permanent drainage system as early as practicable. Construction of the tanks needed for attenuation of the run-off from the proposed development will also need to be completed at an early stage.

87 12.6 To reduce the potential impacts on the water quality of the receiving water, the following mitigation measures should be incorporated into the design: Pollution control in the form of constructed wetlands immediately before discharge to the adjoining watercourses will be provided.

88 12.4.2

Full retention light liquids separators shall be used on the forecourt drainage, with a capacity to provide sufficient storage to accommodate the contents of one fuel cell of a petrol/oil delivery tanker to prevent discharge of oil, petrol or other liquids to the constructed wetlands. Hydrodynamic vortex separators or similar shall be used on the drainage systems serving the roadways and car parks. These separators will also remove grit and floatables from the surface water.

89 12.4.1 All pollution control facilities and attenuation areas shall be fitted with a penstock or similar restriction at the outfall to the receiving channel. Such devices can be used to contain pollutants in the event of 90 accidental spillage 12.4.1

To reduce the potential impacts of flooding of the receiving water, the following mitigation measures should be incorporated into the design: Flow attenuation, will be provided to limit surface water runoff to that of the existing greenfield runoff rate which will ensure that there will be no increase in peak flows in the receiving watercourse. The volume of storage provided shall be sufficient to accommodate the runoff from a once in one hundred years rainfall event.

91 12.4.2

Soils, Geology and Hydrogeology

During construction fuel and chemical storage shall be sited on an impervious base 92 within a bund 18.10.1 Excess material shall be re-used on site in earthworks bunds. Unsuitable material where necessary will be dealt with in accordance 93 with the relevant legislation 13.7

Material Assets

Any soil and rock material excavated and not reusable within the proposed site shall be sent for recovery under current regulations, for agricultural benefits, for ecological benefit or for development land. The remainder shall removed to an appropriately licensed receptor

94 18.11.1 Any excavated material deemed suitable shall be re-used on-site for the proposed service area

95 14.6.2 A construction management plan will be implemented as outlined in Chapter 7 Traffic

96 14.6.2 A construction and demolition Waste Management Plan shall be implemented as part of the Environmental Operating Plan

97 14.6.2

Agricultural Properties

Good communication with landowners prior to and during construction will prevent disturbance due to noise, dust and ensure that difficulties with regard to access to severed land parcels are kept to a minimum.

98 15.7 The contractor shall work to Code of Practice and working hours will be agreed before the construction phase commences

99 15.7 The dust minimisation plan included in the Environmental Operation Plan shall address the risk of dust affecting livestock

101 15.7 Where water, drainage or electricity supplies are impeded or severed new supplies shall be established or the landowner compensated

102 15.7 Temporary fencing shall be erected to delineate the proposed site boundary and to minimise disturbance to adjacent lands 103 18.12.1

Field drainage systems that are disturbed or destroyed during construction of the proposed service area will be restored as part of the completed works Operational Phase Mitigation Measures

103 15.7 Measures to compensate landowners due to land acquisition will be met as part of the statutory code governing compulsory purchase

104 15.7 Architectural, Archaeological and Cultural Heritage

During the construction phase given the potential for discovery of previously unknown sites or features in the proposed service area, it is recommended that a programme of archaeological test excavation be undertaken within the land acquisition area of the proposed service area. The purpose of this blanket testing strategy is to determine the location, date, nature and extent of any previously unknown archaeological sites and to resolve, where possible, all archaeological and cultural heritage issues prior to the main construction 105 contract phase of development 18.13.1 On the basis of the test excavation results, further mitigation may sought by the National Monuments Section in the form of additional test excavation, preservation in situ (by avoidance or design) or resolution by 106 archaeological excavation 18.13.1

It is anticipated that all archaeological resolution will be completed preconstruction. This is in accordance with the Code of Practice between the NRA and the Minister for Environment, Heritage and Local Government (formerly Arts, Heritage, 107 Gaeltacht and Islands), 2000. 18.13.1 A section of the Kilgowan / Halverstown townland boundary and a section of the Kilgowan / Killinane townland boundary should be recorded by a suitably qualified archaeologist, if the boundaries are to be 108 removed 18.13.1 The contractor or sub-contractor working on approved NRA projects are subject to the relevant planning legislation and to the National Monuments legislation and should comply with national policy guidelines and statutory provisions for the protection of the archaeological, architectural and cultural 109 heritage 18.13.1

For works that may be located outside the CPO of the approved development such as site compounds and other temporary works areas that are directly related to the proposed service area, the contractor or sub-contractor working on approved NRA projects are subject to the relevant planning legislation. The National Monuments Section of the Department of Environment, Heritage and Local Government should be contacted in advance of such works so that advice may be issued with regard to the relevant permission required to carry out the work 18.13.1

Appendix v

Responses to Objections/Submissions at Oral Hearing by Michael Kenny,Senior Planner,Kildare County Council “My name is Michael Kenny. I am Senior Planner in Kildare County Council. I hold a Masters degree in Regional and Urban Planning (MRUP) from University College Dublin (NUI) and graduated in 1980. I am a member of the Irish Planning Institute (MIPI). Since graduation I have worked as a local authority planner in a number of local authorities in the State and have been Senior Planner in Kildare County Council since October 2008.

National and Regional Planning Policy The Environmental Impact Statement (EIS) and evidence given yesterday outlined the national and regional policy background to the proposed development.

Kildare County Development Plan 2005 – 2011 The Kildare County Development Plan 2005-2011 is the relevant development plan for the subject area. The Plan sets out the broad development strategy for the county over the plan period and offers guidance to developers in framing development proposals and to the planning authority in assessing such proposals. The Plan is part of a hierarchy of plans and policy statements at national, regional, county and local level.

The EIS and evidence given yesterday, including that by Ms Ryan, refer to the relevant national, regional and local planning policies and objectives that are pertinent to the proposed development. This statement highlights the main policies of the County Development Plan considered relevant to the provision of the proposed Motorway Service Area.

Transport - General The Kildare County Development Plan recognises the importance of a well- planned and serviced national road network. Section 3.1.4.3 of the Development Plan recognises that ‘the national road network primarily serves long and middle distance traffic passing through the county’ and has an ‘important role to play in the economic development of the county.’ It is a stated goal of the Development Plan, at section 3.1.2 ‘to promote all forms of transport in County Kildare and improve access, both within the county and

to the county, by integrating land use planning with an integrated transport system based on sustainability, of resources and the development of additional transport infrastructure.’

Under Section 3.1.4.6 of the Plan, as part of the National Roads Development Programme, it is an objective to carry out a number of specific tasks during the plan period. These include policy RP3 ‘To keep free from development the proposed line from the N9/ N10 Kilcullen to Waterford scheme and to construct this section of the scheme to the county boundary.’

Motorway Service Areas The County Development Plan clearly recognises the role of Motorway Service Areas as part of the national road network within the county. Section 3.1.4.3 states that it is a policy of the Council: 1 NR6 To facilitate the adequate provision of Motorway Service Stations at appropriate locations in the County. 2 NR8 To support the provision of Motor Service Areas generally at Kill, Mullaghmast and Mayfield (pages 42 and 43).

The Development Plan is consistent with national and regional planning guidelines/policies in recognising the importance of the M9 as a strategic national route and supports the completion of this motorway. The M9 Dublin / Waterford scheme will also provide a transport artery at local level serving south Kildare and providing access to and from that part of the county to the capital and to regional centres.

Traffic Safety Provisions

County Development Plan objectives regarding traffic safety include at Section 3.1.3: (1) To improve road safety for all road users and reduce fatalities/accidents on Kildare Roads. (3) To enable people, goods and services to reach their destination safely, economically and quickly and to improve access to services in rural parts of Kildare.

Location of Development The proposed service area is located in a rural area of County Kildare. Most of the county’s rural areas (including the subject site) are not covered by any statutory land use zoning provision. However the use of lands in these areas is deemed to be primarily agricultural. Apart from housing development, there are other land uses which may be considered in the rural countryside and these uses will be treated on their merits having regard to the interests of amenity, the requirements of the bloodstock Industry and the proper planning and sustainable development of the area.

Development Control Development Control measures set out in the Development Plan that relate to the proposed development include:

Section 15.2.5 of the Plan (Table 15.1) requires building lines to be set back a minimum of 91 metres from motorways. The service building meets this requirement.

Section 15.10.3 of the Plan states that the Council ‘recognises the more

intensive role of petrol stations in recent times, and the expansion from merely fuel depots to the provision of a wide range of convenience and other goods and services’ . This policy also states that ‘ where an associated shop is proposed, the application shall be considered in accordance with the Retail Planning Guidelines’ published by the DoEHLG. The hearing has already heard evidence in this regard.

Planning issues raised at Day 1 of Hearing A number of issues were raised at yesterday’s session of the Hearing. a) The policies (at section 3.1.4.3 of the County Development Plan) in relation to service areas were discussed viz. 3 NR6 To facilitate the adequate provision of Motorway Service Stations at appropriate locations in the County. 4 NR8 To support the provision of Motor Service Areas generally at Kill, Mullaghmast and Mayfield (pages 42 and 43). The proposal to provide a service area at Kilgowan is not precluded by the Development Plan’s reference at NR8 to a possible location at Mullaghmast. The “adequate provision” of such facilities should be at appropriate locations chosen in accordance, for example, with national policy, safety and proper planning and sustainable development. It is noted that the Development Plan would have been in preparation over a two year period prior to 2005 and subsequently (while national policy may have changed) the general policy (NR6) in the Plan allows for the location of facilities to be identified following the adoption of the Plan. It is noted that there is no specific policy in relation to a service area on the M4. However this has been approved by An Bord Pleanala having regard to the provisions of the

current County Plan (ref. no. 09.MA0002).

b) Osberstown Treatment Works. This matter will be addressed by John McGowan, Senior Engineer, Water Services

Conclusion The recent decision of An Bord Pleanala to approve the M4 Enfield Service Area in County Kildare and covered by the same County Development Plan is noted (ref. no. 09.MA0002).

In making its decision the Board had regard to - 1 the provisions of the Roads Act (as amended) 2 the nature and function of the motorway service area and 3 the provisions of the current Kildare County Development Plan.

The motorway service area proposed by the National Roads Authority at Kilgowan is also in accordance with the overall objective of the local authority as set out in the Kildare County Development Plan 2005-2011 which seeks “ to facilitate the adequate provision of Motorway Service Stations at appropriate locations in the County “. The proposed development is acceptable and in accordance with the proper planning and sustainable development of the area.”