Inspector’s Report ABP-300840-18. Development Baldoyle to Portmarnock Pedestrian and Cyclist Scheme. Location Between Baldoyle and Portmarnock, Co. Dublin. Local Authority Fingal County Council. Type of Application Application for approval made under Section 177(AE) of the Planning and Development Act, 2000 Prescribed Bodies • Department of Culture, Heritage and the Gaeltacht • National Transport Authority. Observer(s) • John Fay • Cllr. David Healy • Brendan Ryan TD and Cllr. Brian McDonagh • Portmarnock Community Association • Marie Cummins. Date of Site Inspection 29th May 2018 Inspector Deirdre MacGabhann. ABP-300840-18 Inspector’s Report Page 1 of 57 Contents 1.0 Introduction .......................................................................................................... 3 2.0 Proposed Development ....................................................................................... 3 3.0 Site and Location ................................................................................................. 6 4.0 Planning History ................................................................................................... 7 5.0 Legislative and Policy Context ............................................................................. 8 5.7. Regional Policy ........................................................................................... 10 5.8. Local Policy ................................................................................................. 10 6.0 The Natura Impact Statement. ........................................................................... 14 7.0 Consultations ..................................................................................................... 14 7.4. Further Submissions ................................................................................... 17 8.0 Assessment ....................................................................................................... 17 8.1. The likely consequences for the proper planning and sustainable development of the area ....................................................................................... 17 8.2. The likely effects on the environment .......................................................... 19 8.3. The likely significant effects on a European site.......................................... 28 9.0 Recommendation ............................................................................................... 52 10.0 Reasons and Considerations ...................................................................... 52 ABP-300840-18 Inspector’s Report Page 2 of 57 1.0 Introduction 1.1. Fingal County Council is seeking approval from An Bord Pleanála to undertake the construction of c.1.8km of pedestrian and cycleway adjacent to the Coast Road (R106) from Baldoyle (Red Arches Road) to Portmarnock (just south of the Coast Road/Station Road roundabout). 1.2. The development lies adjacent to Baldoyle Bay, a designated European site (SAC and SPA) and in proximity to other European sites. A Natura Impact Statement (NIS) and application under Section 177AE was lodged by the local authority on the basis of the proposed development’s likely significant effect on a European site. 1.3. Section 177AE of the Planning and Development act 2000 (as amended) requires that where an appropriate assessment is required in respect of development by a local authority, the authority shall prepare an NIS and the development shall not be carried out unless the Board has approved the development with or without modifications. Furthermore, Section 177V of the Planning and Development Act 2000 (as amended) requires that the appropriate assessment shall include a determination by the Board as to whether or not the proposed development would adversely affect the integrity of a European site and the appropriate assessment shall be carried out by the Board before consent is given for the proposed development. 2.0 Proposed Development 2.1. The proposed development comprises a new 1.8km pedestrian and cyclist scheme between Baldoyle and Portmarnock, Co. Dublin. The pedestrian/cyclist scheme will run approximately parallel to, and on the inland (west) side of, Coast Road (R106). It will lie almost wholly within Racecourse Park a new regional park, and consists of: • A 3m wide cycletrack and a 2m wide footpath separated by a 2.4m wide grass verge, • A new 30m long, 4m wide bridge over the Mayne River, ABP-300840-18 Inspector’s Report Page 3 of 57 • Upgrading of the existing priority junction between the Coast Road (R106) and Moyne Road to a signal controlled junction with pedestrian facilities, • Provision of toucan crossing facilities on Coast Road at either end of the proposed scheme, • Provision of a controllable, intelligent public lighting scheme, and • Provision of landscaping, signage and other works ancillary to the construction and operation of the proposed development. 2.2. The detailed design of Regional Park has been informed by recommendations set out in the Baldoyle-Stapolin Local Area Plan, 2013 and the Portmarnock South Local Area Plan, 2013 which seek protect the integrity of the neighbouring nationally and internationally designated sites e.g. by providing suitable habitat for key species and the new walking and cycling route located away from the shoreline to attract users away from the sensitive habitat areas (Figures 2.3 and 2.4, NIS). 2.3. The proposed pedestrian/cyclist route will merge as a shared path at the start and finish of the route and as it approaches and crosses the Mayne River. The 4m wide bridge over the River will be a concrete deck bridge supported by steel piles on each side of the River (depth of pile will depend on encountered ground conditions but are expected to be greater than 3m). The route will be finished in black asphalt. Lighting is proposed along the length of the scheme and will consist of 6m columns at 25m intervals. Poles will be located at the back of the footpath (landward side of the path), with the lights dimming by 50% between 11pm and 6am. No boundary fencing is proposed alongside the track and the development will form part of the new public park to be developed on adjoining lands. (The route is, and will remain, fenced off from proposed conservation areas within Racecourse Park to the west). 2.4. During construction a site compound will be located at the north-eastern portion of the Red Arches/Coast Road junction, within the lands of the proposed route. Access to the site will be from this end with haul routes running along the line of the proposed path (see Figure 2.2, NIS). 2.5. The application to the Board is accompanied by the following: • Planning Report – This principally sets out the strategic and local planning context for the development. In Section 3.3.2 it sets out the rational for the ABP-300840-18 Inspector’s Report Page 4 of 57 width of the pedestrian/cycle scheme, which differs from the 3m width referred to in the Baldoyle-Stapolin LAP and the Portmarnock LAP. Essentially the wider route, and separation of pedestrians from cyclists, better provides for the anticipated volume of users in the longer term (the development will become part of, and link to a wider cycle network connecting the urban and rural areas in the Dublin area). The report also states that it is important that the development be delivered as soon as possible to ensure that new residents of the c.2000 new homes provided under the two LAPs (c.800 already built) have no impact on the European site Baldoyle Bay, • Options Assessment Report – This report sets out the policy context for the development, key constrains along the route and four options for the pedestrian/cyclist scheme, namely (1) Upgrade Coast Road, (2) Off Road Shared Facility, (3) Off Road Segregated Facility and (4) Shared Boardwalk. Options are compared on economy, safety and environmental grounds and a preferred option, no. 3, Off Road Segregated Facility, is identified (the proposed scheme). • Preliminary Design Report – This report considers the context of the scheme, in terms of Local, Regional and National Planning policy and outlines the preliminary design of the preferred option. The report includes details on the junction design, crossing facilities, bus stops, drainage, public lighting, pavements, structures and services. In Section 8 it sets out a preliminary construction methodology. If approved, detailed design of the project will be developed. The methodology includes that construction be completed by the 1st November, to ensure no impacts on wintering wildfowl in Baldoyle SPA, and specific measures to manage construction of the bridge over the River Mayne, to prevent pollution of waters. • Drawing booklet. • Natura Impact Statement – This report includes (a) a screening exercise which screens out likely significant effects of the development on 16 European sites lying within 15km of the proposed development (it also rules out the likelihood of significant effects on European sites over 15km from the ABP-300840-18 Inspector’s Report Page 5 of 57 site), and (b) an appropriate assessment of the likelihood of significant effects on the Baldoyle Bay SAC, which the proposed development runs through, and Baldoyle Bay SPA. The report concludes that the development will not have any significant negative effect on either site. • EIA Screening Statement – The purpose of this report is to determine if the project requires Environmental Impact Assessment. It considers that EIA is not mandatory, as the development does not