An Bord Pleanála Inspector’s Report Board Reference: 07.HA0049 & 07.KA0034 Re: Galway County Council Compulsory Purchase Order (No. 1) – 2014, N59 Clifden to Maam Cross Road Improvement Scheme. Approval under Section 51 of the Roads Acts 1993-2007. Location: Townlands of Tulaigh Bhoithín (Tullyvoheen), Corr an Bhacaill (Couravoughil), Coill Uí Mhongáin (Killymongaun), An Gabhlán Thiar (Gowlan West), Doire Liath (Derrylea), Leitir Seithe (Lettershea), Imleach Mór (Emlaghmore), Baile na hInse (Ballynahinch), Imleach Dhá Rú (Emlaghdaroe), Leitrí (Lettery), Doire na bhFlann (Derrynavglaun), Gleann Chóchan (Glencoaghan), Béal an Átha Fada (Ballinafad), Atraí (Athry), An Gharmain (Garroman), Lios Uachtair (Lissoughter), An Chathair (Caher), Doire Fhinín (Derryneen), Ceapach Chuais (Cappagoosh), Both Íseal (Boheeshal), Seanadh Chaola (Shannakeela), Bun Scainimh (Bunscanniff), An Lorgain nó Sindile (Lurgan or Shindilla) and Ard Doire na gCléireach (Ardderrynagleragh), Co. Galway. Observations to CPO: - Ballinafad Commonage Shareholders - Donal Joyce - Kevin Joyce - Patoommat Phanihana Mannion - Peter Savage - Representatives of Anna Lee - Mark & Tommy Joyce - John & Sarah Ross - Ann Stanley and Terence Sutherland 07.HA0049 & 07.KA0034 An Bord Pleanála Page 1 of 124 Observations to Road Scheme - Department of Arts Heritage & Gaeltacht - Fáilte Ireland - Peter Sweetman - Representatives of Anna Lee - Mark & Tommy Joyce - John & Sarah Ross - Ann Stanley and Terence Sutherland Local Authority: Galway County Council Dates of Site Inspection: 23rd, 24th, 28th & 29th October 2014, and 10th & 13th November 2015. Inspector: Michael Dillon 07.HA0049 & 07.KA0034 An Bord Pleanála Page 2 of 124 TABLE OF CONTENTS 1.0 NATURE AND SCOPE OF APPLICATION FOR APPROVAL AND FOR COMPULSORY PURCHASE ORDER 2.0 SITE INSPECTIONS AND DESCRIPTION 3.0 OBSERVATIONS FROM PRESCRIBED BODIES 4.0 SUBMISSIONS ON COMPULSORY PURCHASE ORDER AND/OR ROAD SCHEME APPROVAL FROM INDIVIDUALS 4.1 Submissions on CPO 4.2 Submissions on CPO and Road Scheme 4.3 Submission on Road Scheme 5.0 BOARD SEEKS ADDITIONAL INFORMATION 5.1 Board appoints Consultant Ecologist 5.2 Additional Information Request 5.3 Submission of Galway County Council 6.0 RESPONSE SUBMISSIONS RECEIVED ON FOOT OF RE- ADVERTISEMENT 6.1 Request to Re-advertise Proposed Development. 6.2 Re-advertisement 6.3 Submissions Received in Relation to Re-advertisement 7.0 REPORT ON ORAL HEARING 7.1 General Comment 7.2 Parties Represented 7.3 Order of Hearing – Day 1 7.4 Order of Hearing – Day 2 7.5 Order of Hearing – Day 3 8.0 COMPULSORY PURCHASE ORDER 8.1 General Comment 8.2 Community Need 8.3 Suitability of Site 8.4 The Need for All the Lands 8.5 Compatibility with Development Plan Provisions 8.6 Other Issues 8.7 Conclusion in relation to CPO 9.0 SECTION 51 APPROVAL – ASSESSMENT 9.1 General Comment 9.2 National Guidance 9.3 Materials Balance 07.HA0049 & 07.KA0034 An Bord Pleanála Page 3 of 124 9.4 Signage & Lighting 9.5 Services 10.0 ENVIRONMENTAL IMPACT ASSESSMENT OF ROAD SCHEME 10.1 General Comment 10.2 Consultations 10.3 Alternatives Considered 10.4 Traffic & Safety 10.5 Material Assets 10.6 Air Quality & Climate 10.7 Noise & Vibration 10.8 Landscape & Visual Impact 10.9 Soils & Geology 10.10 Surface Water (Hydrology) 10.11 Groundwater (Hydrogeology) 10.12 Archaeological, Architectural and Cultural Heritage 10.13 Ecology 10.14 Inter-relationship between Environmental Aspects and Cumulative Impacts 10.15 Conclusion – Environmental Impact Assessment 11.0 APPROPRIATE ASSESSMENT 12.0 OVERALL CONCLUSION 13.0 RECOMMENDATION IN RELATION TO COMPULSORY PURCHASE ORDER 14.0 RECOMMENDATION IN RELATION TO SECTION 51 APPROVAL 07.HA0049 & 07.KA0034 An Bord Pleanála Page 4 of 124 1.0 NATURE AND SCOPE OF APPLICATION FOR APPROVAL AND FOR COMPULSORY PURCHASE ORDER 1.1 Galway County Council made an application to An Bord Pleanála (Ref. 07.HD0023) under Section 50(1)(b) of the Roads Act 1993, in relation to whether an Environmental Impact Statement (EIS) was needed for the N59 Clifden to Oughterard road project. By Order dated 10th October 2011, the Board directed the Road Authority to prepare an EIS. The road scheme was subsequently split into two parts – Clifden to Maam Cross (approx. 30km) and Maam Cross to Oughterard (approx.15km). This latter part was the subject of a separate application to the Board under Section 51 of the Roads Act (Ref. 07.HA0041). By Order dated 20th December 2013, the Board approved the proposed road development. No work has commenced on foot of this approval. The Clifden to Maam Cross portion is the subject of this current application for approval to the Board. 1.2 The Compulsory Purchase Order (CPO) relates to the compulsory acquisition of lands by Galway County Council within the 24 no. townlands listed on the front page of this Report. The area of the scheme extends to some 105.4ha – much of which is contained within the existing N59 road alignment, and some 32.7ha of which is actually held in title by Galway County Council. The owners/lessees/occupants or reputed owners are listed in the First Schedule of the Notice (a separate bound volume). This Schedule was amended by way of submission to the Oral Hearing [Document 30] – marginally reducing the amount of land to be compulsorily purchased and making some changes to the list of land owners where new information had become available. It is stated in the Order that the local authority is authorised to acquire compulsorily the lands for the purposes of the improvement and construction of the realigned road. The Second Schedule of the Order refers to the extinguishment of 49 no. public rights-of-way. The Manager’s Order for the CPO is dated 26th June 2014. 1.3 The CPO is made arising from an application by Galway County Council to the Board for approval of the Clifden to Maam Cross road scheme under section 51 of the Roads Acts 1993-2007. The scheme comprises the following principal elements- • Construction of a Type-3 carriageway road (6.0m wide) with 0.5m wide hard shoulders, flanked by 3m wide verges in which there is a 2.3m cycleway/footpath along parts of scheme. The overall length is 29.4km (broken up into four sections). Some 4.1km of this length will involve no alterations to cross-section or alignment – simply resurfacing of the carriageway. [I estimate this figure to be 3.9km, based on figures contained in section 13.5.3 of Volume 2 and perusal of maps contained in Volume 4 of the EIS]. 07.HA0049 & 07.KA0034 An Bord Pleanála Page 5 of 124 • Division of road improvements into two sections – Clifden to Gowlan West townland (2.8km) and Derrylea townland to Maam Cross (26.6km). • 2km of associated local road improvements. • Predominantly on-line improvement (80%) with 25 no. discrete off- line sections (20%). • 11.9km of cycleway/footpath – to tie in with the recently approved Connemara Greenway proposal. • Provision/improvement of 22 no. road junctions (three of which are with Regional Roads – R341 to Roundstone, R340 to Cashel/Carna, and R344 to Letterfrack). The junctions are numbered JN-001 to JN-022 on drawings submitted. • Provision/improvement of 89 no. accommodation access points – numbered AC-001 to AC-089 on drawings submitted. • Widening/replacement of 9 no. existing bridges and provision of 1 no. new cycleway/foot bridge of 18.25m span and 3.125m deck width at Weir Bridge. [All described in section 4.7 of the EIS]. • Provision of or improvement to 42 no. piped/culverted watercourses with diameter varying from 0.9m to 1.5m. [A further 14 watercourse crossings will require no widening work]. • 760m length of retaining walls at 9 no. locations. [Listed at Table 3.9 of the EIS]. • 2 no. agricultural underpasses at ch.233+640 and ch.247+740. • Construction of 8 no. amenity/tourist lay-bys with information boards (AA01-AA08). • Provision of 7 no. informal pull-in areas (PIA01-PIA07). • Construction of 4 no. bus stops. • 2 no. material deposit areas for an estimated 395,300m3 of spoil (mostly peat) – one at either end of the scheme (MDA01-MDA02). • 5 no. material claim areas MCA01-MCA05) for rock/gravel (estimated 225,000m3) – to also function as deposit areas for spoil. The total area involved is 4.27ha. Pits will be excavated to a depth of 5m. • 32 no. wetland treatment areas for surface water run-off. [Listed at Table 4.10 of the EIS]. • Associated earthworks, drainage, landscaping, diversion of services and ancillary works. 1.4 The application for approval is for the road scheme, as outlined above, and is accompanied by an Environmental Impact Statement (EIS)- . Volume 1 – Non-Technical Summary. There is an Irish language version of this volume. [Tá leagan Gaeilge den Imleabhar seo]. Volume 2 – Main Text. Volume 3 – Drawings. Volume 4 – Appendices. 07.HA0049 & 07.KA0034 An Bord Pleanála Page 6 of 124 The application is accompanied by a separate Natura Impact Statement (NIS) volume. 2.0 SITE INSPECTIONS AND DESCRIPTION 2.1 The lands, the subject of the Compulsory Purchase Order and Road Scheme Approval, are located within a total of 24 no. townlands, strung along the N59 National Secondary Route linking Clifden with Maam Cross, via the dispersed settlement of Sraith Salach (Recess). The N59 is a single carriageway road with limited passing areas. The 100kph speed restriction applies along most of the length of this road – except in the environs of Clifden, and for a short stretch at Recess, near Joyce’s commercial centre (ch.242+050 to ch.242+250) – where 60kph speed restrictions are in place. There is no speed restriction in place at Maam Cross. There are no public footpaths and there is no public lighting within the scheme area.