Copyright of Monaghan County Council

PLANNING APPLICATION CONTROL FORM t..4-:l~

Application Reference No.: 18/102 Decision due bY€6/05/2018 \ ~ . \~\\e \\~ Previous Ref. Nos.:

Date of Receipt of APPlication:~2/03/2018) 2:?-\S\\~=-- _

Applicant: Christopher McMahon

Address: Drumacaslan Ballinode Co. Monaghan location of Development: Tattindonagh Td 8allinode Co. Monaghan Description: Permission to construct two new poultry units and a detached

machigery store together with underground washings tanks, vertical meal bins, develop

existing agricultural entrance and all associated site works. This application relates to a

development, which is for the purposes of an activity requiring a Licence under part IV of

the EPA Acts 1994 to 2013. An Environmental Impact Assessment Report (E.I.A.R.) will be

submitted with this application and the EIARwill be available for inspection or purchase

VALIDATION

Validated by: Date of Validation:

For inspection purposes only. SITE NOTICE Consent of copyright owner required for any other use.

Was Notice published on site Yes No D

Inspected by: Date of Inspection: ~

Refer file for reports to:

Municipal District D S.E.E. Roads D '_1 Maps and Drawings remain E.H.O. D S.E.E. Environment G the Copyright of the ~'1OriginatorIL(cJ.,c' . S.E.E.Water Services D Copyright of Monaghan S.E.CountyPlanner Council~ l If I ~ NO ci~J

EPA Export 07-03-2019:03:29:39 PLANNING APPLICATION DECISION FORM

Planning Application Reference No. 18102 Decision due by: _

Reports received from:

Municipal District S.E.E. Roads

E.H.O. S.E.E. Environment

S.E.E. Water Services Planning Officer

I recommend that planning permission be:

Granted, subject to the conditi~ Refused, for the reasons outlined in the enclosed JL.J outlined in the enclosed 0

Planning Officer's Report Planning Officer's Report

Recommended by Senior Executive Planner: Date:

Recommended by:

NJ:) l.~ Date: Senior Planner For inspection purposes only. Consent of copyright owner required for any other use.

DECISION OF MONAGHAN COUNTY COUNCIL:

Approved with conditions Refused o recommended in

Planning Officers Report

Other Maps and Drawings remain V'JJY \~ J4 .a...'2) Senior Plannerthe Copyright of the OriginatorDate Copyright of Monaghan County Council

EPA Export 07-03-2019:03:29:39 •

MONAGHAN COUNTY COUNCIL PLANNING AND DEVELOPMENT REPORT File Ref: 18/102 Applicant: Christopher McMahon Development: Permission to construct two new poultry units and a detached machinery store together with underground washings tanks, vertical meal bins, develop existing agricultural entrance and all associated site works. This application relates to a development, which is for the purposes of an activity requiring a Licence under part IV of the EPA Acts 1994 to 2013. An Environmental Impact Assessment Report (E.I.A.R.) will be submitted with this application. Location: Tattindonagh Td, Ballinode, Co. Monaghan 1. Date of Site Inspection 9-4-2018

2 Site Notice & Photos In order

For inspection purposes only. Consent of copyright owner required for any other use.

3. Pre Planning Meeting(s) No as per Application Form

4. Zoning The subject site is located in an "Area Under Strong Urban influence", as per MCDP 2013-2019. It is c5.5km from Monaghan and c3.5km from Scotstown.

5. Characteristics of the Site/Area • subject siteMapsis typical of andthe local drumlinDrawingstopography of the remainarea • subject Greenfield site has a stated site area of 1.48Ha. • site has existing agricultural lane on eastern boundary from Local Tertiary Road LT 16003-0 • single-storey dwelling house to the south (within the family landholding) • Existingtheagricultural Copyrightbuildings to the north of the Originator Copyright• Located within c500mof ofMonaghanRosefield Lake and Woodland CountyNHA Council

EPA Export 07-03-2019:03:29:39 6. Proposed Development This is an application for Permission to: • construct two new poultry units and a detached machinery store together with underground washings tanks, vertical meal bins, develop existing agricultural entrance and all associated site works

This application relates to a development, which is for the purposes of an activity requiring a License under Part IV of the Environmental Protection Agency (Licensing) Regulation 1994- 2013.

An Environmental Impact Assessment Report (EIAR) is submitted with this application.

7. Site Planning History As per Application Form Previous Valid Planning Applications: No Subject of Appeal: No Site Flooded: ForNo inspection purposes only. Consent of copyright owner required for any other use. Previous Uses: No Statutory Notices: No

Planning Authority's iPlan Record No record of application on Subject Site

Site to north 07/162: Permission Granted for 1) erect a cubicle shed with calving pens, 2) an above ground slurry store with reception tank. 3) two silage pits, 4) roofed collection yard, 5) extend the milking parlour and dairy on this site

8. Observations The last date for observations was 15-4-2018. No submissions received at the time of this analysis.

9. Referrals Reports MCC Internal Maps and Drawings remain Environment: Report dated 9-4-2018. Additional Information Request. No other Referrals for internal reports on Planning Application Control Form Consultees IFI: theReport Copyrightdated 16-4-2018. No objection of thesubject Originatorto Conditions CopyrightNo Consultee Referrals ofon Planning MonaghanApplication Control Form County Council

EPA Export 07-03-2019:03:29:39 10. Development Plan Policy/Ministerial Guidelines Monaghan County Development Plan 2013-2019 Section 15.12: Policies AFP1, AFP2, AFP3, AFP4 and AFP9 Section 4.88: Policies APP1-AAP5 and Policy ADP1

11. Planning Assessment Application Information Site Area: 1.48Ha. New Floor Area: 5110sqm (2 x 2555sqm)

Assessment • Applicant's father is the Landowner. Letter of Consent enclosed • Applicant's Grandmothers house is 73m from proposed poultry units. Letter of Consent to construct poultry units within 100m of the dwelling enclosed • It is submitted that the Applicant is already an established poultry farmer • House 1 has capacity for 55,000 broilers, House 2 has capacity for 55,000 broilers- total capacity for 110,000 broiler chickens • Capacity of farm exceeds the threshold required for the preparation of EIAR and will require EPA Licence (in excess of 40,000 places) • House 1 is located c15m from the northern site boundary, House 2 is located c18m from the southern site boundary, machinery store is located between House 2 and the southern site boundary • House 1 and 2 are located c41 m from eastern site boundary and c94m from Local Road. Front elevation fronts onto Local Road • 8m separation distance between House 1 and 2 • Design: the proposed type of poultry housing is designed for broiler rearing and comprises a simple closed building of concrete!steel!pre-fabricated panel construction on a concrete base, thermally insulted with a computer controlled ventilation system and artificial lighting • Proposed Poultry Houses: c109m long x c24m wide with overall height of c6.3m (total internal floor area of c2650sqm) • Machinery Store: c24.4m long x c12.2m wide with overall height of c5.5m (Floor Area of c297sqm) • Existing hedgerows on southern and western site boundaries; planting as per Landscape Plan on northern and eastern site boundaries. Also 1.1 m post and wire fence proposed where required For inspection purposes only. Consent of copyright owner required for any other use. Policy AFP1 For Appropriate Assessment Screening report refer to separate section at end of report.

Policy AFP2 The Planning Authority recognises that importance of agriculture in contributing to the economic development of the county and as sources of employment in rural areas. In accordance with Policy AFP2, the Planning Authority will give favourable consideration to agricultural development where the development:

i. Is necessary for the running of the enterprise • Permission sought for 2 new poultry houses with underground washings tanks, vertical meal bins and a detached machinery store • development will be located on a Greenfield site currently in agricultural use • proposed poultry farming activities will be the only agricultural activities carried out on this site by the Applicant • MapsApplicant is already andan established Drawingspoultry farmer remain ii. Is appropriate in terms of scale, location and design and nature • proposed poultry houses reflect typical broiler rearing design principles • Similar design to existing poultry houses in the area •theProposed Copyrightdevelopment considered of appropriate..forthe Originatorthe subject site Copyright• Acceptable oflocation Monaghanon site with front elevation Countysignificantly set back Councilfrom Local Road

EPA Export 07-03-2019:03:29:39 • 73m from nearest dwelling house, Applicant's Grandmothers house, Letter of consent enclosed therefore acceptable location

iii. Does not seriously impact on the visual amenity of the area or on the natural or manmade environment. • poultry houses set back c94m (at closest) from the Local Road and will be not visible from approaches • Existing hedgerow along the existing agricultural lane and Local Road provides screening • Existing ground level and proposed excavated ground level is noted; the amount of excavation to facilitate construction of House 1 is noted and considered acceptable • Proposed Landscaping on northern and eastern boundaries as per Landscape Plan will provide screening and address the potential visual impact of the 2no. poultry houses on the local area • Existing hedgerow retained and supplemented along the southern site boundary thereby protecting the residential amenity of the Applicants Grandmothers house • Proposed development would not unduly affect the visual amenity of the area or environment

iv. Is located within or adjacent to existing farm buildings, unless where the applicant has clearly demonstrated that the building must be located elsewhere for operational or other reasons. • Subject site profile and existing access from agricultural lane to Local Road would easily facilitate the proposed poultry houses • Other sites in the family landholding would require extensive remedial works • Location reasons acceptable to the Planning Authority

v. Is sited so as to benefit from any screening provided by topography or existing landscape. • Existing hedgerow along public road and along southern site boundary to be retained • No hedgerows to be removed to facilitate development • Proposed planting as per Landscape Plan • It is considered that the proposed development would integrate in the undulating surrounding landscape

vi. Is not located within 100 metres of any residential property not located on the holding, unless with the express written consent of the owner of that property. • No third party dwelling house located within 100m For inspection purposes only. • c73m to nearest dwellingConsent ofhouse copyright onownerthe requiredfamily for any otherland use.holding. Letter of Consent from Applicant's Grandmother submitted

vii. Will not result in an unacceptable loss of residential amenity by reason of noise, smell, pollution, general disturbance etc. • Adequate separation distances from the nearest dwelling house located outside the blue line boundary • Proposed development would not unduly result in loss of residential amenity to the nearest houses

viii. Will not result in a traffic hazard: • site has existing agricultural lane from Local Tertiary Road LT 16003-0 with existing 50m sight lines as per submitted Site Layout Plan • Existing hedgerow in Applicants control will be trimmed back as required to ensure 50m sight distances • There would be an intensification of use of the Local Road and the existing accessllane by the proposed development; however, it is considered that the Mapspotential additional andtraffic Drawingsgenerated by the proposed remaindevelopment could be facilitated on the local road network and on the site

ix. Will not result in a pollution threat to sources of potable water, water courses, aquifers or groundthewater. Copyright of the Originator • MCC Environment Report dated 9-4-2018 requests Additional Information Copyright• Planning ofAuthority Monaghanconcurs with said Report andCountyrecommended AI requestCouncil

EPA Export 07-03-2019:03:29:39 Environmental Impact Assessment The proposed development upon completion will provide for c110,000 places. Therefore an Environmental Impact Assessment Report is required to be submitted with the application in accordance with Directive 2014/52/EU (application was received after the 15th May 2017).

This Directive requires the EIAR to assess the development in accordance with certain factors which diverge from those previously set out in the Planning and Development Act 2000 (as amended). The Directive requires that the EIAR shall identify, describe and assess in an appropriate manner, in the light of each individual case, the direct and indirect significant effects of a project on the fol/owing factors: a) Population and human health b) Biodiversity with particular attention to species and habitats protected under Directive 92/42/EEC and Directive 2009/147/EC c) Land, soil, water and climate d) Material assets, cultural heritage and the landscape e) The interaction between the factors referred to in points (a) to(d)

The Directive also requires the assessment of the expected impacts from the vulnerability of the project/proposals to risk of major accidents or disasters which are relevant to the project concerned.

Summary of EIAR The Planning Authority has thoroughly assessed the content of the submitted Environmental Impact Assessment Report (EIAR), dated 10-3-2018, as prepared by Joe Beggan.

The Applicant submits that the EIAR was prepared in accordance with the EPA documents- "Guidelines on the information to be contained in an Environmental Impact Statement (2002)" and "Advice Notes on Current Practice (in the Preparation of Environmental Impact Statements) (2003)",

The current site was deemed to be most suitable for the fol/owing reasons: • Construction of an intensive agriculture unit at an isolated location is current best practice for biosecurity • Site must be isolated from other farm/poultry enterprises and protected by physical barrier that precludes entry from other farm animals • Undulating profile and treelined/hedgerow character of the area minimises the locations from which the proposed development can be viewed and provides ample opportunity for effectively blending the proposed development into the landscape • Existing agricultural access onto the public road can be used • Proposed site has good availability of services with power lines and public water supply in the area

Alternative Layout/Process/Management Of Litter/Manure By-Product as follows (summarised) • Best practice for intensive poultry houses is to orient them to the prevailing wind • Minimise heat loss and optimise energy inputs • MinimiseMapsoperational costsand Drawings remain • Minimise visual impact • Proposed layout and designs were selected after alternatives were thoroughly researched against a background of extensive experience in the design and operation of poultry units • Proposedtheprocess Copyrightwould be the industry of standard,the Originatorconforming to the requirements of best practice guidelines provided by the Flock supplier, Bord Bia and Dept of Agriculture and the CopyrightEPA of Monaghan County Council 5

EPA Export 07-03-2019:03:29:39 • Mc Cartney Contractors would be collecting the poultry litter from the proposed development which would be delivered to a number of farms in Southern Ireland

Section 6.0 outlines the Environmental Impacts as follows (summarised) Interactions and Inter-Relationships • Any interactions/inter-relationships between the various environmental factors was taken into account as part of the EIAR scoping and assessment • Table 6.1 and Figure 13 outlines potential interactions between two or more environmental topics - interactions between human beings, flora and fauna, soil, water, air and climatic factors, landscape, material assets, cultural heritage, architectural and archaeological and proposes complementary mitigation measures

Section 7.0 outlines the Environmental Effects as follows (summarised): Effects on Population and Human Health • The proposed development is of average scale by current industry standards • It will add to the economic activity on the farm with consequent positive "trickle down" effects on the regional and local community particularly with regard to construction works, supply of construction materials, and the installation of the required housing, water, feed and ventilation systems thus helping to stabilise the population of the local area • Only one dwelling house, owned by member of the applicants family, within 1DOm of the proposed development • Significant effects on population, human health and/or human beings are not anticipated • unlikely to generate or release sounds or odours that will significantly impair amenity beyond the site boundary • not located close to and/or likely to adversely impact on any areas of Primary or Secondary Value as per MCDP 2013-2019 • Where nuisance effects occur, people object and under statutory requirements their objections will have to be investigated and have to be corrected if found to be real and justified. • applicant has not received any complaints to date relating to the operation of his existing farm

Effects on biodiversity • Greenfield site, intensely managed grassland, that will operate in addition to the applicants existing poultry farm will have no adverse impact outside the boundary of the site • flora and fauna around the site has developed in the context of applicants former bovine For inspection purposes only. farming enterprise Consent of copyright owner required for any other use. • much of the surrounding area is improved agricultural grassland • proposed development represents a sustainable addition to the applicant's existing farming activities • ground works and land profiling will be kept to a minimum outside the footprint of the proposed site • proposed development is not near to or likely to impact on any primary or secondary amenity area or views from scenic routes • no discharge of soiled water or effluent from the proposed development to surface water and therefore the no impact on surface water • weed control will be carried out around the site as required • Proposed development will operate under License regulations will have no measurable impact on either flora or fauna outside the site boundary • Retaining as much as possible of the existing landscaping/hedgerow around the site boundary together with any proposed additional landscaping should maintain biological diversity on the site.

Land and Soil Maps and Drawings remain • proposed structures will be constructed on a greenfield site and as such there will be disturbance of same within the site boundary • no significant potential for any effect on soil outside of the development area, and any land take therequired Copyrightto facilitate the proposed ofdevelopment the Originatorwill be minor in terms of the applicant's Copyrightlandholding and ofthe wider Monaghanagricultural area County Council

EPA Export 07-03-2019:03:29:39 • potential for some positive benefits on soil on potential customer farmer lands as a result of the production of organic fertiliser by the proposed development

Sections 8-14 outlines the Human Effects as follows (summarised): Air Quality • Air Quality can vary significantly due to change in traffic volumes, meteorological conditions and wind direction • Dominant existing sources of air pollution in the area would be local traffic, private residences and emissions from agricultural activities • Main potential sources of air pollution from the proposed development would be the digestive process, litter of the broilers and the burning of fuel for heating- odour, dust, ammonia, methane and nitrogen oxides • Proposed level of annual production of air quality pollutants at this farm would be typical of the industry and would be anticipated to have no significant to slight air quality impacts in the regional context • Due to the distance of the footprint from the Local Road, the majority of dust would only be evident on the site and would not be expected to impact on dwellings and other buildings in the vicinity of the site

Odour Impacts • Highest risk of odour emissions would be associated with the loading of poultry and poultry manure at the end of each batch • Odour levels generated do not cause significant nuisance in the surrounding area, as the operation is located in a predominantly agricultural area and over 200m distance from the closest dwelling other than the developers • Mitigation measures will be taken to ensure little or no impact from odour on the surrounding environment

Noise and Vibration Impacts • Highest risk of noise emissions would be associated with the construction phase, the loading of poultry and poultry manure at the end of each batch and malfunctioning equipment • Additional noise, during spring and autumn, from operation of agricultural vehicles on local roads • Potentially noisy operational activities, such as the removal of litter and the delivery of feed, are restricted to normal working hours (8am-6pm Monday to Saturday) For inspection purposes only. • Infrequent slight noise impactConsentduring of copyrightpeak ownernoise requiredperiods for any otherat use.the proposed development

• No noise impact from ventilation systems • Construction type noise during the construction phase restricted to normal working hours (8am-6pm Monday to Saturday)

Landscape and Visual Impacts • Visual impact of the construction phase would be slight to insignificant due to intervening topography and treelines • Following establishment of the boundary planting the long term visual impact from the development is anticipated to be slight

Flora and Fauna • Proposed development is not located within ASSI (Area of Scientific Interest) so will therefore not impact on any rare flora or fauna • Rodent Control Programme in line with Bord Bia programme will be enforced by developer Architectural, ArchaeologicalMaps and Cultural DrawingsHeritage remain • no evidence of any archaeological features, buildings/structures of architectural significance or site of cultural interest on the subject/adjoining sites • submitted that it is not required to employ an archaeologist during excavation activities and constructionthe Copyright of the Originator Copyright of Monaghan County Council

EPA Export 07-03-2019:03:29:39 Climate • due to the relatively small footprint of the proposed site, there would be no significant impact on the microclimate of the area as a result of the proposed development

Section 15 outlines the Effect on Material Assets- Agriculture, Natural and Other Resources as follows (summarised): Agriculture • No additional holdings would be directly impacted through loss of land by the proposed development as all lands proposed for development are within the ownership of Christopher Mc Mahon • Loss of improved agricultural grassland to the footprint of the proposed poultry houses and ancillary structures/service areas, would be small in a regional context • Replacing this improved agricultural grassland with a new chicken broiler unit would benefit the local economy by creating employment • No significant increase in traffic volumes using the local road infrastructure • Many of the delivery services provided for would occur in tandem with deliveries to other poultry units in the area and would not add to the existing traffic on local roads • Some noise disturbance to livestock within grassland surrounding the site boundary

Natural and Other Resources • Network of utilities are all available in the general hinterland • Topsoil would be stockpiled onsite for later landscaping use • Use of existing transport network • No impact upon municipally operated wastewater schemes • Site has good electrical network connectivity • Minor negative impact on natural and other resources • No impact on land or soil material assets • Due to the high standard of design and selection of material and the requirement for maximum process efficiency, fuel resources input would be minimal • No significant impact on mineral resources in the vicinity of the area • Construction material, when needed, will be brought in from nearby sources such as local quarries where practical

Planning Authority's Conclusion of Environmental Impact Assessment The Planning Authority has thoroughly assessed the content of the submitted Environmental Impact For inspection purposes only. Assessment Report (EIAR), datedConsent10-3-2018, of copyrightas ownerprepared required forby any Joeother use.Beggan.

The Planning Authority is satisfied that there are no significant impacts on the following factors as a result of this proposal: (a) Population and human health (b) Biodiversity with particular attention to species and habitats protected under Directive 92/42/EEC and Directive 2009/147/EC (c) Land, soil, water and climate (d) Material assets, cultural heritage and the landscape (e) The interaction between the factors referred to in points (a) to (d)

The Planning Authority accepts the Applicants submission in the EIAR that based on experience from similar developments in the rural area, significant impacts on population and human health are not anticipated.

Development Contribution A Community, Recreation and Amenity Facilities Development Contribution will be calculated in the event of a grant Mapsof permission. and Drawings remain

Appropriate Assessment Under Article 6(3) of the EU Habitats Directive and Regulation 30 of SI no. 94/1997 "European Communities the(Natural CopyrightHabitats) Regulations" of(1997) theany plan Originatoror project which has the potential to Copyrightsignificantly impact on theofintegrity Monaghanof a Natura 2000 site (i.e. Countyan SAC or SPA) must Councilbe subject to an

EPA Export 07-03-2019:03:29:39 Appropriate Assessment. This requirement is also detailed under Section 177(U) of the Planning and Development Acts (2000-2010).

Policy AAP1 of MCDP 2013-2019 states "Ensure that all plans and projects in the County, not directly connected with or necessary to the management of a Natura 2000 site, but likely to have a significant effect, either directly or indirectly, on a Natura 2000 site, either alone or in combination with other plans or projects, are subject to Appropriate Assessment Screening in accordance with Article 6 of the Habitats Directive".

The site is located c9km from Slieve Beagh SPA and within c15km of Kilroosky Lough Cluster SAC. The following issues are of relevance in the screening exercise:- • The distance of the proposed development site from any Natura 2000 site • The scale and nature of the proposed development • The conservation objectives of the SPA and SAC • The relevant policies within MCDP 2013-2019 in respect of the protection of Natura 2000 sites • The in combination effects of the proposed development with other plans or projects.

The conservation objective of Slieve Beagh SPA is to maintain or restore the favourable conservation condition of the Hen Harrier.

The conservation objective of Kilroosky Lough Cluster SAC is to maintain or restore the favourable conservation condition of the White Clawed Crayfish.

In addition there are no significant watercourses located within close proximity to the site no pathway connectors with the Natura 2000 network.

Having regard to cumulative effects of both the proposed development and any other plan or project, it is the opinion of the Planning Authority that the development is not of a nature or scale to have any significant effects on the integrity of the above mentioned or any other Natura 2000 sites and therefore a Stage 2 Appropriate Assessment is not required in respect of this project.

Summary The Planning Authority has assessed the Application Form, submitted Plans and the content of the EIAR.

For inspection purposes only. The Planning Authority notes the contentConsent of copyrightof the ownerEnvironment required for anyReport other use.as follows:

'The application is misleading. The application form proposes 110,000 broilers. There are no details regarding existing number and type of birds. The application states "not on this parcel of land". When demonstrating farm gate balances and crop nutrient requirements all stock must be accounted for. The fertilizer plan mentions 1600 turkeys. The application does not support this. A current stocking rate of 163kgN/Ha has been demonstrated. No projected stocking rate has been demonstrated however. This projected stocking rate must take account of not only all animals but the nutrient content of washwaters, from all poultry types and its sustainable use. Signed letters from McCartney Contractors and College Proteins for the collection of organic fertilizer and dead birds have been included. The development is in the Blackwater River Catchment. Its Water Framework Directive status is restore 2027"

The Planning Authority concurs with the AI Request from the Environment Section. Conclusion Maps and Drawings remain It is recommended that ADDITIONAL INFORMATION be requested from the Applicant with regard to the following: 1. A nutrientthemanagement Copyrightassessment ofto include thestocking Originatorrate for 2018 with a detailed breakdown of all animals and current stocking rate. This assessment and projections must Copyrightcomply with the ofrequirements Monaghanset out in European UnionCounty(Good Agricultural CouncilProtection for Protection of Waters) Regulations, 2018.

EPA Export 07-03-2019:03:29:39 " , ~ . .

2. A nutrient management assessment (including both Nitrogen and Phosphorus) to demonstrate how is it proposed to sustainably use wash waters arising from the proposed development. This assessment shall take account of the requirements of the European Union (Good Agricultural Protection for Protection of Waters) Regulations, 2017. This assessment shall be prepared by a qualified agricultural advisor/consultant.

The Applicant shall contact the Environment Section (Donna McEvoy) prior to submitting a response to the Additional Information request. The Planner dealing with this Application is Aisling King Mc Kenna. 1\4t~ Aisling King Me Kenna Assistant Planner Date )C(4/lf

For inspection purposes only. Consent of copyright owner required for any other use.

Maps and Drawings remain

the Copyright of the Originator Copyright of Monaghan County Council

EPA Export 07-03-2019:03:29:39 MONAGHAN COUNTY COUNCIL PLANNING AND DEVELOPMENT REPORT File Ref: 18/102 (Additional Information Report) Applicant: Christopher McMahon Development: Permission to construct two new poultry units and a detached machinery store together with underground washings tanks, vertical meal bins, develop existing agricultural entrance and all associated site works. This application relates to a development, which is for the purposes of an activity requiring a Licence under part IV of the EPA Acts 1994 to 2013. An Environmental Impact Assessment Report (E.IAR.) will be submitted with this application. Location: Tattindonagh Td, Ballinode, Co. Monaghan 1. Date of Site Inspection 9-4-2018

2 Site Notice & Photos In order

For inspection purposes only. Consent of copyright owner required for any other use.

3. Pre Planning Meeting(s) No as per Application Form

4. Zoning The subject site is located in an "Area Under Strong Urban influence", as per MCDP 2013-2019. It is c5.5km from Monaghan and c3.5km from Scotstown.

5. Characteristics of the Site/Area • subject site is typical of the local drumlin topography of the area • subject GreenfieldMapssite hasanda stated Drawingssite area of 1.48Ha. remain • site has existing agricultural lane on eastern boundary from Local Tertiary Road LT 16003-0 • single-storey dwelling house to the south (within the family landholding) • Existing agricultural buildings to the north • Locatedthewithin Copyrightc500m of Rosefield Lake ofand Woodlandthe OriginatorNHA Copyright of Monaghan County Council

This application relates to a development, which is for the purposes of an activity requiring a License under Part IV of the Environmental Protection Agency (Licensing) Regulation 1994- 2013.

An Environmental Impact Assessment Report (EIAR) is submitted with this application.

7. Site Planning History As per Application Form Previous Valid Planning Applications: No Subject of Appeal: No Site Flooded: No For inspection purposes only. Previous Uses: Consent of Nocopyright owner required for any other use. Statutory Notices: No

Planning Authority's iPlan Record No record of application on Subject Site

8. Observations The last date for observations was 15-4-2018. No submissions received at the time of this analysis.

9. Referrals Reports MCC Internal Environment: ReportMapsdated 9-4-2018.andAdditional DrawingsInformation Request. remain No other Referrals for internal reports on Planning Application Control Form Consultees IFI: Report dated 16-4-2018. No objection subject to Conditions No Consultee theReferrals Copyrighton Planning Application ofControl theForm Originator Copyright of Monaghan County Council

11. Planning Assessment Application Information Site Area: 1.48Ha. New Floor Area: 5110sqm (2 x 2555sqm)

Assessment • Applicant's father is the Landowner. Letter of Consent enclosed • Applicant's Grandmothers house is 73m from proposed poultry units. Letter of Consent to construct poultry units within 100m of the dwelling enclosed • It is submitted that the Applicant is already an established poultry farmer • House 1 has capacity for 55,000 broilers, House 2 has capacity for 55,000 broilers- total capacity for 110,000 broiler chickens • Capacity of farm exceeds the threshold required for the preparation of EIAR and will require EPA Licence (in excess of 40,000 places) • House 1 is located c15m from the northern site boundary, House 2 is located c18m from the southern site boundary, machinery store is located between House 2 and the southern site boundary • House 1 and 2 are located c41 m from eastern site boundary and c94m from Local Road. Front elevation fronts onto Local Road • 8m separation distance between House 1 and 2 • Design: the proposed type of poultry housing is designed for broiler rearing and comprises a simple closed building of concrete/steel/pre-fabricated panel construction on a concrete base, thermally insulted with a computer controlled ventilation system and artificial lighting • Proposed Poultry Houses: c109m long x c24m wide with overall height of c6.3m (total internal floor area of c2650sqm) • Machinery Store: c24.4m long x c12.2m wide with overall height of c5.5m (Floor Area of c297sqm) • Existing hedgerows on southern and western site boundaries; planting as per Landscape Plan on northern and eastern site boundaries. Also 1..1m post and wire fence proposed where required For inspection purposes only. Consent of copyright owner required for any other use. Policy AFP1 For Appropriate Assessment Screening report refer to separate section at end of report.

i. Is necessary for the running of the enterprise • Permission sought for 2 new poultry houses with underground washings tanks, vertical meal bins and a detached machinery store • development will be located on a Greenfield site currently in agricultural use • proposed poultry farming activities will be the only agricultural activities carried out on this site by the Applicant • ApplicantMapsis already andan established Drawingspoultry farmer remain ii. Is appropriate in terms of scale, location and design and nature • proposed poultry houses reflect typical broiler rearing design principles • Similar design to existing poultry houses in the area • theProposed Copyrightdevelopment considered of appropriatethe Originatorfor the subject site Copyright• Acceptable oflocation Monaghanon site with front elevation Countysignificantly set back Councilfrom Local Road

EPA Export 07-03-2019:03:29:39 • 73m from nearest dwelling house, Applicant's Grandmothers house, Letter of consent enclosed therefore acceptable location

• c73m to nearest dwelling Forhouse inspectionon purposesthe only.family land holding. Letter of Consent from Applicant's GrandmotherConsentsubmitted of copyright owner required for any other use.

viii. Will not result in a traffic hazard: • site has existing agricultural lane from Local Tertiary Road LT 16003-0 with existing 50m sight lines as per submitted Site Layout Plan • Existing hedgerow in Applicants control will be trimmed back as required to ensure 50m sight distances • There would be an intensification of use of the Local Road and the existing accessllane by the proposed development; however, it is considered that the potential additional traffic generated by the proposed development could be facilitated onMapsthe local road andnetwork andDrawingson the site remain

ix. Will not result in a pollution threat to sources of potable water, water courses, aquifers or ground water. • theMCC EnvironmentCopyrightReport dated of9-4-2018 therequests OriginatorAdditional Information Copyright• Planning ofAuthority Monaghanconcurs with said Report andCountyrecommended AI requestCouncil 4

EPA Export 07-03-2019:03:29:39 Environmental Impact Assessment The proposed development upon completion will provide for c11 0,000 places. Therefore an Environmental Impact Assessment Report is required to be submitted with the application in accordance with Directive 2014/52/EU (application was received after the 15th May 2017).

This Directive requires the EIAR to assess the development in accordance with certain factors which diverge from those previously set out in the Planning and Development Act 2000 (as amended). The Directive requires that the EIAR shall identify, describe and assess in an appropriate manner, in the light of each individual case, the direct and indirect significant effects of a project on the following factors: a) Population and human health b) Biodiversity with particular attention to species and habitats protected under Directive 92/42/EEC and Directive 2009/147/EC c) Land, soil, water and climate d) Material assets, cultural heritage and the landscape e) The interaction between the factors referred to in points (a) to(d)

The Directive also requires the assessment of the expected impacts from the vulnerability of the project/proposals to risk of major accidents or disasters which are relevant to the project concerned.

Summary of EIAR The Planning Authority has thoroughly assessed the content of the submitted Environmental Impact Assessment Report (EIAR), dated 10-3-2018, as prepared by Joe Beggan.

The content of the EIAR is summarised as follows: Section 5 outlines the Alternative Site as follows (summarised) The EIAR explains the rationale for the chosen site. The applicant has previously screened alternative locations for the proposal within the landholding. For inspection purposes only. Consent of copyright owner required for any other use. The current site was deemed to be most suitable for the following reasons: • Construction of an intensive agriculture unit at an isolated location is current best practice for biosecurity • Site must be isolated from other farm/poultry enterprises and protected by physical barrier that precludes entry from other farm animals • Undulating profile and treelined/hedgerow character of the area minimises the locations from which the proposed development can be viewed and provides ample opportunity for effectively blending the proposed development into the landscape • Existing agricultural access onto the public road can be used • Proposed site has good availability of services with power lines and public water supply in the area

Alternative Layout/Process/Management Of Litter/Manure By-Product as follows (summarised) • Best practice for intensive poultry houses is to orient them to the prevailing wind • Minimise heat loss and optimise energy inputs • Minimise Mapsoperational costs and Drawings remain • Minimise visual impact • Proposed layout and designs were selected after alternatives were thoroughly researched against a background of extensive experience in the design and operation of poultry units • Proposed process would be the industry standard, conforming to the requirements of best practicetheguidelines Copyrightprovided by the Flock ofsupplier, theBard OriginatorBia and Dept of Agriculture and the CopyrightEPA of Monaghan County Council 5

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• Mc Cartney Contractors would be collecting the poultry litter from the proposed development which would be delivered to a number of farms in Southern Ireland

Section 7.0 outlines the Environmental Effects as follows (summarised): Effects on Population and Human Health • The proposed development is of average scale by current industry standards • It will add to the economic activity on the farm with consequent positive "trickle down" effects on the regional and local community particularly with regard to construction works, supply of construction materials, and the installation of the required housing, water, feed and ventilation systems thus helping to stabilise the population of the local area • Only one dwelling house, owned by member of the applicants family, within 100m of the proposed development • Significant effects on population, human health and/or human beings are not anticipated • unlikely to generate or release sounds or odours that will significantly impair amenity beyond the site boundary • not located close to and/or likely to adversely impact on any areas of Primary or Secondary Value as per MCDP 2013-2019 • Where nuisance effects occur, people object and under statutory requirements their objections will have to be investigated and have to be corrected if found to be real and justified. • applicant has not received any complaints to date relating to the operation of his existing farm

Effects on biodiversity • Greenfield site, intensely managed grassland, that will operate in addition to the applicants existing poultry farm will have no adverse impact outside the boundary of the site • flora and fauna around the site has developed in the context of applicants former bovine farming enterprise For inspection purposes only. • much of the surrounding areaConsentis ofimproved copyright owneragricultural required for anygrassland other use. • proposed development represents a sustainable addition to the applicant's existing farming activities • ground works and land profiling will be kept to a minimum outside the footprint of the proposed site • proposed development is not near to or likely to impact on any primary or secondary amenity area or views from scenic routes • no discharge of soiled water or effluent from the proposed development to surface water and therefore the no impact on surface water • weed control will be carried out around the site as required • Proposed development will operate under License regulations will have no measurable impact on either flora or fauna outside the site boundary • Retaining as much as possible of the existing landscaping/hedgerow around the site boundary together with any proposed additional landscaping should maintain biological diversity on the site.

Land and Soil • proposedMapsstructures willandbe constructed Drawingson a greenfield remainsite and as such there will be disturbance of same within the site boundary • no significant potential for any effect on soil outside of the development area, and any land take required to facilitate the proposed development will be minor in terms of the applicant's landholdingtheand Copyrightthe wider agricultural areaof the Originator Copyright of Monaghan County Council 6

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• potential for some positive benefits on soil on potential customer farmer lands as a result of the production of organic fertiliser by the proposed development

Noise and Vibration Impacts • Highest risk of noise emissions would be associated with the construction phase, the loading of poultry and poultry manure at the end of each batch and malfunctioning equipment • Additional noise, during spring and autumn, from operation of agricultural vehicles on local roads • Potentially noisy operational activities, such as the removal of litter and the delivery of feed, are restricted to normal working hours (8am-6pm Monday to Saturday) • Infrequent slight noise impact during peak noise periods at the proposed development • No noise impact from ventilation Forsystems inspection purposes only. Consent of copyright owner required for any other use. • Construction type noise during the construction phase restricted to normal working hours (8am-6pm Monday to Saturday)

Architectural, Archaeological and Cultural Heritage • no evidence of any archaeological features, buildings/structures of architectural significance or site of Mapscultural interest andon the subject/adjoining Drawingssites remain • submitted that it is not required to employ an archaeologist during excavation activities and construction the Copyright of the Originator Copyright of Monaghan County Council 7

Natural and Other Resources • Network of utilities are all available in the general hinterland • Topsoil would be stockpiled onsite for later landscaping use • Use of existing transport network • No impact upon municipally operated wastewater schemes • Site has good electrical network connectivity • Minor negative impact on natural and other resources • No impact on land or soil material assets • Due to the high standard of design and selection of material and the requirement for maximum process efficiency, fuel resources input would be minimal • No significant impact on mineral resources in the Vicinity of the area • Construction material, when needed, will be brought in from nearby sources such as local quarries where practical

Planning Authority's Conclusion of Environmental Impact Assessment The Planning Authority has thoroughly assessed the content of the submitted Environmental Impact Assessment Report (EIAR), dated 10-3-2018, as prepared by Joe Beggan. For inspection purposes only. Consent of copyright owner required for any other use. The Planning Authority is satisfied that there are no significant impacts on the following factors as a result of this proposal: (a) Population and human health (b) Biodiversity with particular attention to species and habitats protected under Directive 92/42/EEC and Directive 2009/147/EC (c) Land, soil, water and climate (d) Material assets, cultural heritage and the landscape (e) The interaction between the factors referred to in points (a) to (d)

Development Contribution A Community, Recreation and Amenity Facilities Development Contribution will be calculated in the event of a grant ofMapspermission. and Drawings remain 2 x poultry houses (2650sqm x 2 = 5300sqm) 2 x silos (9sqm x 2 = 18sqm) 1 x machinery thestore (297sqm) Copyright of the Originator Copyright of Monaghan County Council 8

EPA Export 07-03-2019:03:29:39 Appropriate Assessment Under Article 6(3) of the EU Habitats Directive and Regulation 30 of SI no. 94/1997 "European Communities (Natural Habitats) Regulations" (1997) any plan or project which has the potential to significantly impact on the integrity of a Natura 2000 site (Le. an SAC or SPA) must be subject to an Appropriate Assessment. This requirement is also detailed under Section 177(U) of the Planning and Development Acts (2000-2010).

The site is located c9km from SHeve Beagh SPA and within c15km of Kilroosky Lough Cluster SAC. The following issues are of relevance in the screening exercise:- • The distance of the proposed development site from any Natura 2000 site • The scale and nature of the proposed development • The conservation objectives of the SPA and SAC • The relevant policies within MCDP 2013-2019 in respect of the protection of Natura 2000 sites • The in combination effects of the proposed development with other plans or projects.

The conservation objective of SHeve Beagh SPA is to maintain or restore the favourable conservation condition of the Hen Harrier.

The conservation objective of Kilroosky Lough Cluster SAC is to maintain or restore the favourable conservation condition of the White Clawed Crayfish,

In addition there are no significant watercourses located within close proximity to the site no pathway connectors with the Natura 2000 network.

Additional Information Additional Information was requested on For1-5-2018 inspection purposesas follows: only. Consent of copyright owner required for any other use. 1. A nutrient management assessment to include stocking rate for 2018 with a detailed breakdown of all animals and current stocking rate. This assessment and projections must comply with the requirements set out in European Union (Good Agricultural Protection for Protection of Waters) Regulations, 2018, 2. A nutrient management assessment (including both Nitrogen and Phosphorus) to demonstrate how is it proposed to sustainably use wash waters arising from the proposed development. This assessment shall take account of the requirements of the European Union (Good Agricultural Protection for Protection of Waters) Regulations, 2017. This assessment shall be prepared by a qualified agricultural advisor/consultant.

Additional Information response was received on 22-5-2018 and referred to the Environment Section.

The Environment Report dated 14-6-2018 states the following on the AI submission "This development proposes 110,000 broilers. Additional information has addressed the issue relating to sustainable use of washwaters. The applicant's current stocking rate is 151kgN/Ha. Soiled water can be accommodated subject to good Agricultural practices in this instance as the groundwater vulnerability on proposedMapslands andis low- moderate. DrawingsThe remainder ofremainthe holding is of high groundwater vulnerability. Signed letters from McCartney Contractors and College Proteins for the collection of organic fertilizer and dead birds have been included. The development is in the Blackwater River Catchment. Its Water Framework Directive status is restore 2027. There are no objections to this application subjecttheto theCopyrightfollowing conditions". of the Originator CopyrightThe Planning Authority concursof Monaghanwith the Environment Report andCountyrecommended Conditions, Council 9

EPA Export 07-03-2019:03:29:39 Summary The Planning Authority has assessed the Application Form, submitted Plans, the content of the EIAR and the AI submission.

The Planning Authority notes the content/recommendation of the Environment Report on the AI submission.

A Grant of Permission is recommended, subject to Conditions.

Recommendation Main Reasons and Considerations Having regard to • the nature and scale of the proposed extension/development • the established pattern of development in the area • the provisions of the current Monaghan County Development Plan it is considered that the proposed development, • would not seriously injure the amenities of the area • would not injure public safety by reason of traffic hazard • would not injure the amenity of property in the vicinity • would not endanger public health and subject to compliance with the conditions set out below it is considered that the proposed development accords with both the Monaghan County Development Plan 2013-20189 and the proper planning and sustainable development of the area.

It is recommended that Permission be GRANTED subject to the following conditions:

1. (a)The developer shall pay to Monaghan County Council a sum of€11,160.00 in accordance with the General Development Contribution Scheme 2013-2019 (as revised), made by the Council under Section 48 of the Planning and Development Act 2000 (as amended), towards expenditure incurred or proposed to be incurred by the Council in the provision of community, recreation and amenity public infrastructure and facilities in the area

(b) The sum attached to this condition shall be revised from the date of the grant of planning permission to the value pertaining at the time of payment in accordance with the Wholesale Price Index for Building and Construction (Materials and Wages)

(c) No works shall commence until For inspectionpayment purposesof theonly. development contribution is made in full, or until Monaghan County CouncilConsent of copyrighthas agreed owner requiredin writing for any otherto use.a schedule of phased payments of

the sum. Reason: It is considered appropriate that the developer should contribute towards the expenditure incurred or proposed to be incurred by the Council in the provision of community, recreation and amenity infrastructure and facilities in the area.

2. The following requirements shall be fully complied with: (a) Prior to any works commencing, visibility splays of 50metres, measured to the nearside road edge in each direction, shall be provided from a point in the centre of the entrance 3.0 metres from the road edge at a height of between 1.05 metre and 2.0 metres above ground level to an object height of between 0.26 metre and 2.0 metres above ground level in both directions. The area within the visibility splays shall be cleared to provide a level surface no higher than 250 mm above the level of the adjoining carriageway and shall be retained and kept clear thereafter.

(b) Where it is necessary to remove hedges, fences, embankments or other obstructions in order to achieve the required visibility splays, they shall be reinstated behind the visibility splays.MapsAny new trees andor shrubs Drawingsshall be planted back remainfrom the visibility splays to allow for future growth and some species will require additional set back. All existing planting shall be kept trimmed behind visibility splays. (c) Wherethethe Copyrightexisting roadside hedge/embankment of the Originatoris to be removed, the roadside verge Copyrightshall be widened of (byMonaghangrading back or infilling whereCountynecessary using Councilappropriate inert 10

EPA Export 07-03-2019:03:29:39 material) to include the entire area within the visibility splays, top soiled, and grassed to the satisfaction of the planning authority.

(d) The new entrance shall form a bell mouth of 4.0 metres radius with edge of new boundary. Recessed entrance shall be of sufficient dimensions to contain a stationary vehicle off the public road. Entrance gates shall open inwards only.

(f) French drain consisting of 300mm diameter concrete pipes backfilled to ground level with suitable granular filter material shall be placed along full site frontage. Drain shall discharge to the nearest appropriate watercourse or drainage pipeline. Suitable gullies shall be placed at start, end, and intersection of other drains and at not greater than 40 metres intervals. (Separate application shall be made to Monaghan County Council if this requires a road opening licence).

(g) Cattlegrid/ACO Drain/Gullies shall be installed at proposed entrance and constructed in such a manner as to prevent water from the entrance flowing onto the public road. Similarly measures shall be taken to prevent road surface water from flowing onto the entrance. The discharge from the above drainage shall be piped to an appropriate drainage pipeline or watercourse.

(h) Provision shall be made within the site for surface water drainage and no surface water shall be allowed flow onto the public roadway. The discharge of surface water from the public road onto the site through road surface drainage and road subsoil drainage shall remain unimpeded.

(i) No development exempt or otherwise shall be erected over the public sewer, drain or water-main, unless otherwise agreed in writing with the planning authority.

(j) Before any work is commenced on this development a security, by way of a cash deposit, in the sum of €2250, shall be paid to the planning authority by the developer to ensure the satisfactory completion of all surface water drainage/boundary work within and abutting the site area, to prevent runoff of surface water onto the public roadway and to ensure that no damage is caused to public roadway and any such damage is repaired satisfactorily. Failure to carry Forout inspectionall entrance purposes only.works to a standard to the satisfaction of the Consent of copyright owner required for any other use. planning authority will result in forfeiture of part or all of the cash security. Reason: To ensure an adequate standard of development. 3. The following requirements shall be fully complied with: (a) The applicant shall ensure that adequate measures are in place for the construction phase to ensure there is no discharge of polluting matter to any watercourse. These measures shall take account of the Guidance produced by Inland Fisheries Ireland titled "Requirements for the Protection of Fisheries Habitat during Construction and Development Works at River Sites". This document is available to download at http://www.fisheriesireland.ie/fisheries-management -1/90-regu irements-for -the-protection- of-fisheries-h abitat-d uring-co nstructio n-an d-developm ent -works-at -ri-1/fi Ie

(b) Prior to commencement of development the applicant shall obtain an Integrated Pollution Prevention Control License from the EPA as the proposed development comprises or is for the purpose of an activity for which an Integrated Pollution Prevention Control License is required.

(c) ThereMapsshall be no andchange in Drawingspoultry type or change inremainsystem which results in change in dry matter content of the manure or increase in the number of poultry proposed without prior approval from the planning authority.

(d) Theretheshall Copyrightbe no significant increase of inthelivestock Originatornumbers as stated on the application Copyrightform except ofin accordance Monaghanwith an approved Farm CountyWaste and Nutrient ManagementCouncilPlan 11

EPA Export 07-03-2019:03:29:39 ,"

(e) All proposed surface water drainage systems shall be designed to ensure that no polluting matter enters the surface water collection system.

(f) The applicant will ensure run-off from soiled yard areas shall be kept to a minimum, collected in suitably constructed tanks and landspread in accordance with the European Union (Good Agricultural Practice for Protection of Waters) Regulations 2018.

(g) All structures and buildings to be designed and constructed to the relevant Department of Agriculture specifications and in accordance with requirements of the European Union (Good Agricultural Practice for Protection of Waters) Regulations 2018.

(h) All soiled waters generated from cleaning or other operations shall be collected and stored in a suitable watertight tank and disposed of in accordance with the European Union (Good Agricultural Practice for Protection of Waters) Regulations 2018.

(i) All manure/organic fertilizers arising from the development shall be collected in leak proof/suitably constructed tanks, and stored in accordance with the European Union (Good Agricultural Practice for Protection of Waters) Regulations 2018.

U) Manure/ Organic fertilsers taken off site shall conform with the Department of Agriculture Food and the Marine requirements and guidance under Animal By Products legislation and local authority guidance on the protection of sensitive waters including water supply sources. Any change or alteration in arrangements for manure/organic fertilser arising from the development shall be pre-notified to Monaghan County Council.

(k) Manure shall be taken offsite by the contractor/haulier as stated in the planning application. This contractor must be registered with the Department of Agriculture Food and Marine and manure shall be utilized in accordance with the requirements of the European Union (Good Agricultural Practice for Protection of Waters) Regulations 2018. Any changes in contractor shall be notified to Monaghan County Council.

a. Name and address of Contractor/Haulier b. Date of each disposal operation c. Quantity (weight and volume) disposed of d. The name of receiving premises. e. Any other information as may be required from time to time by the Planning Authority

(m) Any construction and demolition waste or excess soil generated during the construction phase which cannot be reused on site shall be disposed/recovered at an appropriately permitted facility in accordance with the requirements of the Local Government (Waste Management) Act 1996 as amended. Reason: To ensure an adequate standard of development.

4. (a)The planting details and associated site works as indicated on plans as submitted to the Planning Authority on the 12-3-2018 shall be fully implemented prior to the use of the developmentMapshereby andapproved Drawingsor in the first available remainplanting season following commencement of building operations, whichever is the sooner

(b) Landscaping works within the site area as detailed on plans as submitted to the Planning Authoritytheon theCopyright12-3-2018 shall be permanentlyof theretained Originatorthereafter being planted. Any plant Copyrightwhich fails in the offirst plantingMonaghanseason shall be replaced County Council 12

EPA Export 07-03-2019:03:29:39 (c) Only that portion of the roadside hedgerow, which must be lowered or uprooted to provide adequate sight distances to be removed. All other trees and hedgerows bounding this site shall be permanently retained in this development, shall be reinforced with additional planting and shall be protected from damage at all times, particularly during building operations. (d) The line of the recessed entrance to be planted with a double staggered row of trees (at maximum 3 metre centres) and a hedgerow of species native to the area to form a naturalised hedgerow similar to existing hedgerows in the vicinity. Species shall include thorn, beech, ash, oak, hazel, sycamore and holly. Reason: In the interest of visual amenity.

5. (a) Roofing material shall be dark green, dark grey, dark blue or black in colour

(b)No unpainted metal sheeting shall be used for roofing or on the external finish of the structure Reason: In the interest of visual amenity

6. The development shall be carried out in accordance with plans and documentation submitted on 12-3-2018 and Additional Information submitted on 22-5-2018 except as may otherwise be required in order to comply with the above conditions Reason: In the interest of orderly development and to prevent unauthorised development.

{t~{({(( A-i<-\ Aisling King Me Kenna Assistant Planner Date I"-l\t \ \~

For inspection purposes only. Consent of copyright owner required for any other use.

Maps and Drawings remain

the Copyright of the Originator Copyright of Monaghan County Council 13

EPA Export 07-03-2019:03:29:39 ~:~~1o'~~1'1:'~~'~1r.1:j'l( (0 ;"~;,1,~/;'(~,\f~i~y":1[0:ID';~~;r£fji;iliii7i~~1~&~i;tl'fi~~efi"rc'1\~l'r'~(ii~:(~)f}~;r~t1f-iJ~1Sfr~,':r~r:'"<"'-".--:~Z~;~~ ~ fl'j~,,~;~0'i)"·...... ~. _ ."_ :.~_.: ___<..: ·.~_~:L·~_._.?E~;?~~~j category DevType Rate Floo.r Ar~a I Calculation Contributions Number Due(€) 3(g) Buildingsj Up to 300 m2 New Floor Area: €530 €11,160.00 + Community, Structures sg ft) (3229 2 x poultry houses €10,630 Recreation, for Exempt (2650sqm x 2 = (5315sqm x Amenity Agriculture 5300sqm) €2) Infrastructure Over 300 m2 = 2x silos €11,160.00 plus €530 €2 (9sqm x2 = 18sqm) per m2 over 300 m2 1 x machinery store (297sqm)

Extensions Total 5615sqm €2 per m2 I I Contributions Due (€) €11,160.00

iE~¢rfiptiOh$ J'~ed~e:tipn$.J.l6det Part 18.of Developmet.fContribuii.onScheme.(lfappjicab.1el '...- Category DevType % Reduction Calculations Exemption j (a) - (m) Reduction (€) NjA Total Amount Due Contributions Due - Discount Total Due (€)

€11,160.00 CheeRed I Date . .•.

API EP AO For inspection purposes only. SEP Consent of copyright owner required for any other use.

t~( l,. 6yo> --~~ f\V\ ~ . I. ' / l'+\Lo \ \,\ \~ \'6 I

Maps and Drawings remain

the Copyright of the Originator Copyright of Monaghan County Council 14

EPA Export 07-03-2019:03:29:39 Assessment of Environmental Impact Assessment Report as submitted and the Environmental Impact Assessment as carried out by the Assigned Officer

Having reviewed the details as contained within the submitted application and the related Environmental Impact Assessment Report and the assessment report as carried out by the assigned planning officer, I consider the Planning Authority to have fully considered the proposed development and I accept the conclusions as reached in respect of this proposed development.

In this regard I therefore consider it appropriate to grant permission for the proposed development, subject to conditions as recommended in the attached report.

1\10 l~ Adrian Hughes Senior Planner 1'-4 :06· t&

For inspection purposes only. Consent of copyright owner required for any other use.

Maps and Drawings remain

the Copyright of the Originator Copyright of Monaghan County Council 15

EPA Export 07-03-2019:03:29:39 MONAGHAN COUNTY COUNCIL

LOCALGOVERNMENT (PLANNING AND DEVELOPMENT)ACTS1963 TO 2000

Chief Executive's Order No: P578/18

Reference Number: 18/102

Name of Applicant: Christopher McMahon

Address: Drumacaslan Ballinode Co. Monaghan

Nature of Application: Permission to construct two new poultry units and a detached machinery store together with underground washings tanks, vertical meal bins, develop existing agricultural entrance and all associated site works. This application relates to a development, which is for the purposes of an activity requiring a Licence under part IV of the EPAActs 1994 to 2013. An Environmental Impact Assessment Report (E.I.A.R.) will be submitted with this application and the EIARwill be available for inspection or purchase

Location of Development: Tattindonagh Td Ballinode Co. Monaghan

ORDER:

For inspection purposes only. I hereby decide, pursuant to the provisionsConsent ofof copyrightthe Local owner requiredGovernment for any other(Planning use. and Development) Acts 1963

to 2000 and the Planning and Development Regulations 2001 to 2007 to grant permission for the above development in accordance with documents submitted, subject to the 6 condition(s) set out in the Schedule attached hereto.

I further decide that PERMISSIONbe granted subject to the same conditions on the expiration of the period for the taking of an appeal to An Bord Pleanala against this decision if there is then no appeal before the Bord.

fU.x:=:> I~ Adrian Hughes SENIORPLANNER

Maps and Drawings\ L.\. .Db· \2? remain Date the Copyright of the Originator Copyright of Monaghan County Council

EPA Export 07-03-2019:03:29:39 P18/102 - Christopher McMahon

1. (a)The developer shall pay to Monaghan County Council a sum of €11,160.00 in accordance with the General Development Contribution Scheme 2013-2019 (as revised), made by the Council under Section 48 of the Planning and Development Act 2000 (as amended), towards expenditure incurred or proposed to be incurred by the Council in the provision of community, recreation and amenity public infrastructure and facilities in the area.

(c) No works shall commence until payment of the development contribution is made in full, or until Monaghan County Council has agreed in writing to a schedule of phased payments of the sum.

(b) Where it is necessary to remove hedges, fences, embankments or other obstructions in order to achieve the required visibility splays, they shall be reinstated behind the visibility splays. Any new trees or shrubs shall be planted back from the visibility splays to allow for future growth and some species will require additional set back. All existing planting shall be kept trimmed behind visibility splays. For inspection purposes only. Consent of copyright owner required for any other use. (c) Where the existing roadside hedge/embankment is to be removed, the roadside verge shall be widened (by grading back or infilling where necessary using appropriate inert material) to include the entire area within the visibility splays, top soiled, and grassed to the satisfaction of the planning authority.

(d) The new entrance shall form a bellmouth of 4.0 metres radius with edge of new boundary. Recessed entrance shall be of sufficient dimensions to contain a stationary vehicle off the public road. Entrance gates shall open inwards only.

(e) Entrance/access road shall be surfaced with concrete or bitmac from edge of public road for a minimum of 5 metres and the surface shall be graded back so that its level at 3.0 metres from the edge of the carriageway is a minimum of 100 mm below road level. Gradient of access road shall be not greater than 1:20 (5.0%) for the first 5 metres from boundary and 1:10 (10.0%)Mapsthereafter. and Drawings remain (f) French drain consisting of 300mm diameter concrete pipes backfilled to ground level with suitable granular filter material shall be placed along full site frontage. Drain shall discharge to the nearest appropriate watercourse or drainage pipeline. Suitable gullies shall be placed at start,theend, andCopyrightintersection of other ofdrains theand at notOriginatorgreater than 40 metres intervals. Copyright of Monaghan County Council

EPA Export 07-03-2019:03:29:39 (Separate application shall be made to Monaghan County Council if this requires a road opening licence).

(i) No development exempt or otherwise shall be erected over the public sewer, drain or water-main, unless otherwise agreed in writing with the planning authority.

3. The following requirements shall be fully complied with: (a) The applicant shall ensure that adequate measures are in place for the construction phase to ensure there is no discharge of polluting matter to any watercourse. These measures shall take account of the Guidance produced by Inland Fisheries Ireland titled "Requirements for the Protection of Fisheries Habitat during Construction and Development Works at River Sites". This document is available to download at http://www.fisheriesireland.ie/fisheries- ma nage ment -1/90- reg uireme nts- fo r-the-p rotectio n-of -fi sherie s-habitat -d uri ng- co nstru ct io n-a nd -deve 10 pm e nt -woFor inspectionrks-a t -ri-1/fipurposes only.Ie Consent of copyright owner required for any other use.

(c) There shall be no change in poultry type or change in system which results in change in dry matter content of the manure or increase in the number of poultry proposed without prior approval from the planning authority.

(d) There shall be no significant increase in livestock numbers as stated on the application form except in accordance with an approved Farm Waste and Nutrient Management Plan

(e) All proposed surface water drainage systems shall be designed to ensure that no polluting matter entersMapsthe surface andwater collectionDrawingssystem. remain

(f) The applicant will ensure run-off from soiled yard areas shall be kept to a minimum, collectedthein suitably Copyrightconstructed tanks ofand landspreadthe Originatorin accordance with the European CopyrightUnion (Good Agricultural of MonaghanPractice for Protection of Waters) CountyRegulations 2018. Council

EPA Export 07-03-2019:03:29:39 (g) All structures and buildings to be designed and constructed to the relevant Department of Agriculture specifications and in accordance with requirements of the European Union (Good Agricultural Practice for Protection of Waters) Regulations 2018.

(i) All manure/organic fertilisers arising from the development shall be collected in leak proof/suitably constructed tanks, and stored in accordance with the European Union (Good Agricultural Practice for Protection of Waters) Regulations 2018.

(j) Manure/ Organic fertilisers taken off site shall conform with the Department of Agriculture Food and the Marine requirements and guidance under Animal By Products legislation and local authority guidance on the protection of sensitive waters including water supply sources. Any change or alteration in arrangements for manure/organic fertiliser arising from the development shall be pre-notified to Monaghan County Council.

(k) Manure shall be taken offsite by the contractor/haulier as stated in the planning application. This contractor must be registered with the Department of Agriculture Food and Marine and manure shall be utilised in accordance with the requirements of the European Union (Good Agricultural Practice for Protection of Waters) Regulations 2018. Any changes in contractor shall be notified to Monaghan County Council.

For inspection purposes only. (a) Name and addressConsentof Contractor/Haulier. of copyright owner required for any other use.

(b) Date of each disposal operation. (c) Quantity (weight and volume) disposed of. (d) The name of receiving premises. (e) Any other information as may be required from time to time by the Planning Authority.

4. (a)The planting details and associated site works as indicated on plans as submitted to the Planning Authority on the 12-3-2018 shall be fully implemented prior to the use of the developmentMapshereby approved andor inDrawingsthe first available planting remainseason following commencement of building operations, whichever is the sooner. the Copyright of the Originator Copyright of Monaghan County Council

EPA Export 07-03-2019:03:29:39 (b) Landscaping works within the site area as detailed on plans as submitted to the Planning Authority on the 12-3-2018 shall be permanently retained thereafter being planted. Any plant which fails in the first planting season shall be replaced.

(c) Only that portion of the roadside hedgerow, which must be lowered or uprooted to provide adequate sight distances to be removed. All other trees and hedgerows bounding this site shall be permanently retained in this development, shall be reinforced with additional planting and shall be protected from damage at all times, particularly during building operations. (d) The line of the recessed entrance to be planted with a double staggered row of trees (at maximum 3 metre centres) and a hedgerow of species native to the area to form a naturalised hedgerow similar to existing hedgerows in the vicinity. Species shall include thorn, beech, ash, oak, hazel, sycamore and holly.

5. (a) Roofing material shall be dark green, dark grey, dark blue or black in colour.

(b)No unpainted metal sheeting shall be used for roofing or on the external finish of the structure.

The reasons for the imposition of the above conditions are:

1. It is considered appropriate that the developer should contribute towards the expenditure incurred or proposed to be incurred by the Council in the provision of community, recreation and amenity infrastructure and facilities in the area. 2. To ensure an adequate standard of development. 3. To ensure an adequate standard of development. For inspection purposes only. 4. In the interest of visual amenity.Consent of copyright owner required for any other use.

5. In the interest of visual amenity 6. In the interest of orderly development and to prevent unauthorised development.

(4.09. \i Adrian Hughes Date Senior Planner

Maps and Drawings remain

the Copyright of the Originator Copyright of Monaghan County Council

EPA Export 07-03-2019:03:29:39 MONAGHAN COUNTY COUNCIL

18/102 TO: Christopher McMahon 15/06/2018 Drumacaslan Ballinode Co. Monaghan

Re: Planning and Development Act 2000 (as amended) NOTIFICATION OF DECISION

Monaghan County Council has by order dated 14/06/2018 decided to GRANT permission to the above named for development of land, in accordance with the documents submitted namely for:- Permission to construct two new poultry units and a detached machinery store together with underground washings tanks, vertical meal bins, develop existing agricultural entrance and all associated site works. This application relates to a development, which is for the purposes of an activity requiring a licence under part IV of the EPA Acts 1994 to 2013. An Environmental Impact Assessment Report (E.I.A.R.) will be submitted with this application and the EIARwill be available for inspection or purchase at Tattindonagh Td, Ballinode subject to the 6 condition(s) set out in the Schedule attached.

Signed on behalf of Monaghan County Council

(\<- '-- \(. {. ',- . ~ ADMINISTRATIVEOFFICER

\ ') . \:-~. DATE

Provided there is no appeal against this DECISIONa grant of planning permission will issue at the For inspection purposes only. end of four weeks (see footnote). Consent of copyright owner required for any other use.

THIS NOTICE IS NOT A GRANT OF PERMISSION AND WORK SHOULD NOT COMMENCE UNTIL PLANNING PERMISSION IS ISSUED.

NOTE:

1. Any appeal against a decision of a Planning Authority under Section 34 of the Act of 2000 (as amended) may be made to An Bord Pleanala. The appeal period for the applicant and other persons will be four weeks from the day the Planning Authority makes its decision.

2. Appeals should be addressed to The Secretary, An Bord Pleanala, 64 Marlborough Street, Dublin 1. An appeal by the applicant should be accompanied by this form. In the case of an appeal by any other person, the name of the person, particulars of the proposed development and the date of the decision of the Planning Authority should be stated. (a) The feeMapsfor an appeal andagainst a decisionDrawingsof a Planning Authority, remainon a planning application relating to a commercial development, made by the person who made the planning application is €1,500 or €3,OOOif there is an EISor NISinvolved. Commercial Development the Copyright of the Originator Copyright of Monaghan County Council

EPA Export 07-03-2019:03:29:39 means development for the purpose of any professional, commercial or industrial undertaking, development in connection with the provision for reward of services to persons or undertakings, or development consisting of the provision of two or more dwellings, but does not include development for the purposes of agriculture. (b) Appeal against a decision of a planning authority on a planning application relating to commercial development, made by the person by whom the planning application is made, where the application relates to unauthorised development is (4,500 or (9,000 if there is an EISor NISinvolved. (c) Appeal made by the person by whom the planning application was made, where the application relates to unauthorised development, other than an appeal mentioned at (a) or (b) is (660. (d) Appeal other than appeal mentioned at (a), (b), (c), or (f) is (220. (e) Application for leave to appeal is (110. (f) Appeal following a grant of leave to appeal is (110.

The appeal must be fully complete, with your name and address, the subject matter of the appeal, the full grounds of appeal and supporting arguments and material, appropriate fee and evidence of payment of submission fee to the Planning Authority.

In the Caseof a third party appeal, the acknowledgement from the Planning Authority of receipt of the submission or observation made by the person to the Planning Authority at application stage should be submitted and the name of the person, particulars of the proposed development and the date of the decision of the Planning Authority should be stated.

3. Submissions or observations to the Board by or on behalf of a person (other than the applicant) as regards an appeal made by another person must be accompanied by a fee of (50.

For more information on Appeals you can contact An Bord Pleanala at:-

Tel. 01-8588100 or LoCall: 1890275175

Fax: 01-8722684 For inspection purposes only. Consent of copyright owner required for any other use. E-mail: [email protected]

Web: www.pleanala.ie

Maps and Drawings remain

the Copyright of the Originator Copyright of Monaghan County Council

EPA Export 07-03-2019:03:29:39 P18/102 - Christopher McMahon

1. (a)The developer shall pay to Monaghan County Council a sum of €11,160.00 in accordance with the General Development Contribution Scheme 2013-2019 (as revised), made by the Council under Section 48 of the Planning and Development Act 2000 (as amended), towards expenditure incurred or proposed to be incurred by the Council in the provision of community, recreation and amenity public infrastructure and facilities in the area.

(c) No works shall commence until payment of the development contribution is made in full, or until Monaghan County Council has agreed in writing to a schedule of phased payments of the sum.

(b) Where it is necessary to remove hedges, fences, embankments or other obstructions in order to achieve the required visibility splays, they shall be reinstated behind the visibility splays. Any new trees or shrubs shall be planted back from the visibility splays to allow for future growth and some species will require additional set back. All existing planting shall be kept trimmed behind visibility splays. For inspection purposes only. Consent of copyright owner required for any other use. (c) Where the existing roadside hedge/embankment is to be removed, the roadside verge shall be widened (by grading back or infilling where necessary using appropriate inert material) to include the entire area within the visibility splays, top soiled, and grassed to the satisfaction of the planning authority.

(e) Entrance/access road shall be surfaced with concrete or bitmac from edge of public road for a minimum of 5 metres and the surface shall be graded back so that its level at 3.0 metres from the edge of the carriageway is a minimum of 100 mm below road level. Gradient of access road shall be not greater than 1:20 (5.0%) for the first 5 metres from boundary and 1:10 (10.0%)Mapsthereafter. and Drawings remain (f) French drain consisting of 300mm diameter concrete pipes backfilled to ground level with suitable granular filter material shall be placed along full site frontage. Drain shall discharge to the nearest appropriate watercourse or drainage pipeline. Suitable gullies shall be placed at start,theend, andCopyrightintersection of other drainsof theand at notOriginatorgreater than 40 metres intervals. Copyright of Monaghan County Council

EPA Export 07-03-2019:03:29:40 (Separate application shall be made to Monaghan County Council if this requires a road opening licence).

(g) Cattlegrid/ ACO Drain/Gullies shall be installed at proposed entrance and constructed in such a manner as to prevent water from the entrance flowing onto the public road. Similarly measures shall be taken to prevent road surface water from flowing onto the entrance. The discharge from the above drainage shall be piped to an appropriate drainage pipeline or watercourse.

(i) No development exempt or otherwise shall be erected over the public sewer, drain or water-main, unless otherwise agreed in writing with the planning authority.

3. The following requirements shall be fully complied with: (a) The applicant shall ensure that adequate measures are in place for the construction phase to ensure there is no discharge of polluting matter to any watercourse. These measures shall take account of the Guidance produced by Inland Fisheries Ireland titled "Requirements for the Protection of Fisheries Habitat during Construction and Development Works at River Sites". This document is available to download at http://www.fisheriesireland.ie/fisheries- man age me nt -1/90-req uire me nts-fo r-the-protectio n-of -fishe ries- ha bitat -d uri ng- For inspection purposes only. co nstru ctio n-a nd -deve 10pmConsentent -woof copyrightrks-at owner-ri-l/fi requiredIe for any other use.

(d) There shall be no significant increase in livestock numbers as stated on the application form except in accordance with an approved Farm Waste and Nutrient Management Plan

(e) All proposed surface water drainage systems shall be designed to ensure that no polluting matter entersMapsthe surface andwater collectionDrawingssystem. remain

(f) The applicant will ensure run-off from soiled yard areas shall be kept to a minimum, collectedthein suitably Copyrightconstructed tanks ofand landspread the Originatorin accordance with the European CopyrightUnion (Good Agricultural of MonaghanPractice for Protection of Waters) CountyRegulations 2018. Council

EPA Export 07-03-2019:03:29:40 (g) All structures and buildings to be designed and constructed to the relevant Department of Agriculture specifications and in accordance with requirements of the European Union (Good Agricultural Practice for Protection of Waters) Regulations 2018.

(k) Manure shall be taken offsite by the contractor/haulier as stated in the planning application. This contractor must be registered with the Department of Agriculture Food and Marine and manure shall be utilised in accordance with the requirements of the European Union (Good Agricultural Practice for Protection of Waters) Regulations 2018. Any changes in contractor shall be notified to Monaghan County Council.

For inspection purposes only. Consent of copyright owner required for any other use. (a) Name and address of Contractor/Haulier. (b) Date of each disposal operation. (c) Quantity (weight and volume) disposed of. (d) The name of receiving premises. (e) Any other information as may be required from time to time by the Planning Authority.

4. (a)The planting details and associated site works as indicated on plans as submitted to the Planning Authority on the 12-3-2018 shall be fully implemented prior to the use of the developmentMapshereby approved andor inDrawingsthe first available planting remainseason following commencement of building operations, whichever is the sooner. the Copyright of the Originator Copyright of Monaghan County Council

EPA Export 07-03-2019:03:29:40 (b) Landscaping works within the site area as detailed on plans as submitted to the Planning Authority on the 12-3-2018 shall be permanently retained thereafter being planted. Any plant which fails in the first planting season shall be replaced.

5. (a) Roofing material shall be dark green, dark grey, dark blue or black in colour.

(b)No unpainted metal sheeting shall be used for roofing or on the external finish of the structure.

The reasons for the imposition of the above conditions are:

3. To ensure an adequate standard ofFor development.inspection purposes only. Consent of copyright owner required for any other use. 4. In the interest of visual amenity. 5. In the interest of visual amenity 6. In the interest of orderly development and to prevent unauthorised development.

Maps and Drawings remain

the Copyright of the Originator Copyright of Monaghan County Council

EPA Export 07-03-2019:03:29:40 An BorcI P1eanala Planning Appeal Form/Check List -~ ..... ~.. (Please read notes overleaf before completing) + + j.' -~ 1. The appeal must be in writing (e.g. not made by electronic means). /1 II II t .

2. State the - • name of the appellant (not care of agent) • address of the appellant (not care of agent)

3. Ifan agent is involved, state the - • name of the agent

• address of the agent

4. State the Subject Matter of the Appeal* • Brief description of the development

• Location of the development

• Name of planning authority

• Planning authority register reference number

* Alternatively. enclose a copy of the decision of the planning authority as the statement of the Suhject Matter qfthe Appeal.

5. Attach. in full. the grounds of appeal and the reasons, considerations and arguments on which they are based.

6. Attach the acknowledgement by the For inspectionplanning purposesauthority only. of receipt of your submission or Consent of copyright owner required for any other use. observations to that authority in respect of the planning application. the subject of this appeal. (Not applicable where the appellant is the applicant).

7. Fee of€ attached in respect of the appeal.

8. Fee of € attached in respect of request for an oral hearing of the appeal, if a request is being made.

9. Ensure that the appeal is received by the Board in the correct manner and in time.

Signed _ Date:

.4.format similar to the above may also be used where a person is making submissions or observations on an appeal in accordance with section J 30 of the Planning and Development Act 2000. Substitute 'observer 'for 'appellant'Mapsand 'submission/observation and Drawings'for 'appeal' atremaineach reference. Items 6 and 8 above are not applicable to the making qf submissions or observations. /Over . the Copyright of the Originator Copyright of Monaghan County Council

EPA Export 07-03-2019:03:29:40 Notes (See Form/Check List overleaf)

I. Rules for Making Appeals You are advised to check the latest version of" A Guide to Making a Planning Appeal" issued by the Board. It is available from the Board, telephone (01) 858 8100 and on our website www. pleanala.ie. It may also be available from your planning authority. A significant number of appeals are invalid because they are not made in accordance with the statutory rules.

2. Appeal Fees You are advised to check the appropriate fee for making an appeal. Different fees apply depending on the nature of the appeal. A leaflet "Guide to Fees payable to the Board" is available from the Board, telephone (01) 858 8100 and on our website www.pleanala.ie. It may also be available from your planning authority. Note that appeal fees may change from time to time. A significant number of appeals are invalid either because no fee or an incorrect fee is included.

3. Time Limits The time limit for making an appeal is, except where the appeal is made following a successful application for leave to appeal, four weeks beginning on the date of the planning authority decision (not the day it is sent or received). Day one is the day the planning authority decision is made. For example, if the decision of a planning authority is made on Wednesday 2nd of a month, the last day for receipt of the appeal is th t Tuesday 29 of the same month, NOT Wednesday 30 \ There are special rules where the last day falls on a day the Board's offices are closed or where the appeal period falls over the Christmas/New Year period. Check our leaflet for further information. A significant number of appeals are invalid because they are late - sometimes, just one day late.

4. Delivering the Appeal • Send the appeal by post to The Secretary, An Bord Pleanala, 64 Marlborough Street, Dublin I, or, • deliver it by hand, to an employee ofthe Board (not a security person), during office hours (9.15 a.m. to 5.30 p.m.) on Monday to Friday, so that the appeal reaches the Board by the last day for making an appeal. Do not place the appeal in the Board's letterbox. A significant number of appeals are invalid because they are incorrectly delivered.

5. Completeness The appeal must be fully complete from the start. You are not permitted to submit any part of it at a later time, even within the time limit. Neither are you permitted to clarify, elaborate Or make further

submissions either for the purposes of complying For inspectionwith purposesthe rules only. for making an appeal or otherwise, unless invited b)' the Board. Consent of copyright owner required for any other use.

This document is issued as an aid to making a valid planning appeal to the Board. It may be used as a 'cover page' in making such an appeal but there is no legal or other requirement to do so. The document should be read in conjunction with the latest versiohs of the Board's leaflets "Making a Planning Appeal under the 2000 Planning Act" and "Guide to Fees payable to the Board". The guidance given in those leaflets and ih this document also applies generally to the making of submissions and observations by 'observers' under section 130 of the 2000 Planning Act. A significant number of submissions and observations by 'observers' are also invalid because the appropriate rules are not observed.

This document does not purport to be a legal interpretation of the law in relation to making a planning appeal- you should consult the appropriate legislation, including sections 37 and 127 of the Planning and Development Act 2000 for the statutory rules governing the making of appeals (section 130for 'observers ').

An appeal or a submission or observation on an appeal that is not made strictly in accordance with the statutory rules will be invalid. The Board has no discretion to relax or vary the rules. The onus is on YOU to meet all the legal requirementsMapsat theandtime you Drawingsmake the appeal/submission/observation. remain 14th February 2005 the Copyright of the Originator Copyright of Monaghan County Council

EPA Export 07-03-2019:03:29:40 15/06/2018

TO: Inland Fisheries Ireland IFI Dublin, 3044 Lake Drive Citywest Business Campus Dublin 24

Re: Planning and Development Act 2000 (as amended) REF.NO: 18/102 - Christopher McMahon, Drumacaslan Ballinode, Co. Monaghan,.

Dear Sir/Madam,

I wish to inform you that by order dated \ 4 ' b, Ii Monaghan County Council decided to ..r ~\)~ PERMISSION to carry out development and site works consisting of PermiSSi'o);to construct two new poultry units and a detached machinery store together with underground washings tanks, vertical meal bins, develop existing agricultural entrance and all associated site works. This application relates to a development, which is for the purposes of an activity requiring a Licence under part IV of the EPA Acts 1994 to 2013. An Environmental Impact Assessment Report (E.I.A.R.) will be submitted with this application and the EIAR will be available for inspection or purchase, at Tattindonagh Td Ballinode Co. Monaghan. I attach copy of Council's For inspectiondecision. purposes only. Consent of copyright owner required for any other use.

In making its decision on this planning application, the planning authority, in accordance with Section 34(3) of the Planning and Development Act 2000 (as amended), has regarded your submission/observation received, in accordance with Planning and Development Regulations 2001 (as amended).

If you are aggrieved by this decision you may appeal it within four weeks from the day of the decision by forwarding your grounds of appeal to The Secretary, An Bord Pleanala, 64 Marlborough Street, Dublin 1.

Appeals should be addressed to The Secretary, An Bord Pleanala, 64 Marlborough Street, Dublin 1. An appeal by the applicant should be accompanied by this form. In the case of a third party appeal, the acknowledgement from the Planning Authority of receipt of the submission or observation made by the person to the Planning Authority at application stage should be submitted and the name of the person, particulars of the proposed developmentMapsand the dateandof the Drawingsdecision of the Planning remainAuthority should be stated. The fee for a third party appeal is (220. The appeal must be fully complete, with your name and the Copyright of the Originator Copyright of Monaghan County Council

EPA Export 07-03-2019:03:29:40 address, the subject matter of the appeal, the full grounds of appeal and supporting arguments and material, appropriate fee and evidence of payment of submission fee to the Planning Authority.

Submissions or observations to the Bord by or on behalf of a person (other than the applicant)as regards an appeal made by another person must be submitted within four weeks of receipt of appeal by An Bord Pleanala and accompanied by a fee of {50.

Yours faithfully,

For more information on Appeals you can contact An Bord Pleanala at:- Tel. 01-8588100 or LoCall: 1890275175 Fax: 01-8722684 E-mail: [email protected] Web: www.pleanala.ie

For inspection purposes only. Consent of copyright owner required for any other use.

Maps and Drawings remain

the Copyright of the Originator Copyright of Monaghan County Council

EPA Export 07-03-2019:03:29:40 Comhairle Contae Mhuineachain Monaghan County Council

18/07/2018 Acmhainni Daonna To: Christopher McMahon Human Resources Drumacaslan 04730586 Ballinode Ai!rgeadas Co. Monaghan Finance 04730589 File Number 18/102 Na B6ithre Roads 04730597

Planning and Development Act 2000 (as amended) Clar na lIToghtbOiri Reg,ister of Electors NOTIFICATION OF FINAL GRANT 04730551

Comhshaol Environment Monaghan County Council has by order dated 14/06/2018 granted the above named, for 0429661240 the development of land namely for:- Permission to construct two new poultry units and a Na hEalaiona detached machinery store together with underground washings tanks, vertical meal bins, Arts develop existing agricultural entrance and all associated site works. This application 04738162 relates to a development, which is for the purposes of an activity requiring a Licence under part IV of the EPA Acts 1994 to 2013. An Environmental Impact Assessment Report lasachtai /Ueontais Tithiochta (E.I.A.R.) will be submitted with this application and the EIAR will be available for Housing loans/Grants inspection or purchase, at Tattindonagh Td, Ballinode, Co. Monaghan, subject to the 6 04730527 condition(s) set out in the Schedule attached.

leabharlann an Chontae County library 04774700

For inspection purposes only. M6tarchBin Signed on behalf ofConsentMONAGHAN of copyright ownerCOUNTY required for anyCOUNCIL. other use. Motor Tax 04781175

Musaem an Chantae County Museum 04782928

Pleanail Planning 04730532 DATE

Pabal Conmunity 04773719 It should be noted that an outline permission is a permission subject to the subsequent Rialu D6iteain/Foirgnimh approvalMapsof the andPlanning DrawingsAuthority and that until remainsuch approval has been obtained to Fire/Building Control detailed plans of the development proposed, the development is NOT AUTHORISED. 04730521 I refer you to the Health and Safety Authority website www.hsa.ie for new responsibilities Oifi g Fiontair Aitiuil for homeowners under Safety, Health and Welfare at Work (Construction) Regulations Local Enterprise Office the Copyright of the Originator 04771818Copyright2013. of Monaghan County Council FOliffonn an tOdaros Amon rolmh chomhfhreagras I nGaenge. Sei,rbhfsl Uisce Comhairle Contae Mhuineach6in. Oifigl an Chontae, An Gteann, Muineachan. t=:ire. 'Nater Services Monaghan County Council. Council Offices, The Glen. Monaghan. Ireland. 04730504/30571 (() 00353 47 30500 811 00353 47 82739 (@ www.monaghan.ie • [email protected] [email protected] EPA Export 07-03-2019:03:29:40 · 18/102 - Christopher McMahon

1. (a)The developer shall pay to Monaghan County Council a sum of €11,160.00 in accordance with the General Development Contribution Scheme 2013-2019 (as revised), made by the Council under Section 48 of the Planning and Development Act 2000 (as amended), towards expenditure incurred or proposed to be incurred by the Council in the provision of community, recreation and amenity public infrastructure and facilities in the area.

(c) No works shall commence until payment of the development contribution is made in full, or until Monaghan County Council has agreed in writing to a schedule of phased payments of the sum.

(b) Where it is necessary to remove hedges, fences, embankments or other obstructions in order to achieve the required visibility splays, they shall be reinstated behind the visibility splays. Any new trees or shrubs shall be planted back from the visibility splays to allow for future growth and some species will require additional set back. All existing planting shall be kept trimmed behind visibility splays. For inspection purposes only. Consent of copyright owner required for any other use. (c) Where the existing roadside hedge/embankment is to be removed, the roadside verge shall be widened (by grading back or infilling where necessary using appropriate inert material) to include the entire area within the visibility splays, top soiled, and grassed to the satisfaction of the planning authority.

(d) The new entrance shall form a bellmouth of 4.0 metres radius with edge of new boundary. Recessed entrance shall be of sufficient dimensions to contain a stationary vehicle off the public road. Entrance gates shall open inwards only.

EPA Export 07-03-2019:03:29:40 (Separate application shall be made to Monaghan County Council if this requires a road opening licence).

(g) Cattlegrid/ ACO Drain/Gullies shall be installed at proposed entrance and constructed in such a manner as to prevent water from the entrance flowing onto the public road. Similarly measures shall be taken to prevent road surface water from flowing onto the entrance. The discharge from the above drainage shall be piped to an appropriate drainage pipeline or watercourse.

(i) No development exempt or otherwise shall be erected over the public sewer, drain or water-main, unless otherwise agreed in writing with the planning authority.

3. The following requirements shall be fully complied with: (a) The applicant shall ensure that adequate measures are in place for the construction phase to ensure there is no discharge of polluting matter to any watercourse. These measures shall take account of the Guidance produced by Inland Fisheries Ireland titled "Requirements for the Protection of Fisheries Habitat during Construction and Development Works at River Sites". This document is available to download at http://www.fisheriesireland.ie/fisheries- manageme nt -1/90-req uire me nts-fo r-the-protectio n-of-fishe ries-ha bitat -d uri ng- For inspection purposes only. co nstructio n-a nd-deve lopmConsentent -works-at-ri-1/fiof copyright owner requiredIe for any other use.

(d) There shall be no significant increase in livestock numbers as stated on the application form except in accordance with an approved Farm Waste and Nutrient Management Plan

(e) All proposedMapssurface water anddrainage Drawingssystems shall be designed remainto ensure that no polluting matter enters the surface water collection system.

(f) The applicant will ensure run-off from soiled yard areas shall be kept to a minimum, collectedthein suitably Copyrightconstructed tanks andoflandspread the inOriginatoraccordance with the European CopyrightUnion (Good Agricultural of MonaghanPractice for Protection of Waters) CountyRegulations 2018. Council

(k) Manure shall be taken offsite by the contractor/haulier as stated in the planning application. This contractor must be registered with the Department of Agriculture Food and Marine and manure shall be utilised in accordance with the requirements of the European Union (Good Agricultural Practice for Protection of Waters) Regulations 2018. Any changes in contractor shall be notified to Monaghan County Council.

(I) Records of manure movements offsite shall be recorded on Record 3 forms (as prescribed by the Department of Agriculture Food and Marine). These forms shall be maintained on site at all times and submitted to the Environment Section of Monaghan County Council on request. Records maintained shall comply with requirements of Article 23 of the European Union (Good Agricultural Practice for Protection of Waters) Regulations 2018 and as a minimum shall include: For inspection purposes only. Consent of copyright owner required for any other use. (a) Name and address of Contractor/Haulier. (b) Date of each disposal operation. (c) Quantity (weight and VOlume) disposed of. (d) The name of receiving premises. (e) Any other information as may be required from time to time by the Planning Authority.

4. (a)The planting details and associated site works as indicated on plans as submitted to the Planning Authority on the 12-3-2018 shall be fully implemented prior to the use of the developmentMapshereby approved andor inDrawingsthe first available planting remainseason following commencement of building operations, whichever is the sooner. the Copyright of the Originator Copyright of Monaghan County Council

5. (a) Roofing material shall be dark green, dark grey, dark blue or black in colour.

(b)No unpainted metal sheeting shall be used for roofing or on the external finish of the structure.

The reasons for the imposition of the above conditions are:

3. To ensure an adequate standard Forof inspectiondevelopment. purposes only. Consent of copyright owner required for any other use. 4. In the interest of visual amenity. 5. In the interest of visual amenity 6. In the interest of orderly development and to prevent unauthorised development.

Maps and Drawings remain

the Copyright of the Originator Copyright of Monaghan County Council

EPA Export 07-03-2019:03:29:40