An Bord Pleanála Inspector’s Report Board Reference: 16.CH3163 & 16.JP0001 Re: Mayo County Council Compulsory Purchase Order 2011 (No. 1) – N59 Westport to Mulranny Road Improvement Scheme. Approval under Section 177AE(4) of the Planning and Development Act 2000 (as amended). Location: Townlands of Murrevagh, Bunnahowna, Rosturk, Rosgalliv, Newfield, Knockmanus, Meennacloughfinny, Roskeen North, Knockloughra, Knockbreaga, Carrowbeg (Fergus), Carrowsallagh, Derrycooldrim, Gortfahy, Keeloges (E.D. Newport East), Derrada, Knockalegan, Corraunboy, Carrowkeel (E.D. Newport East), Kiltarnaght, Cahergal, Drumbrastle East, Derryloughan More, Knocknageeha, Corragaun, Gortawarla, Rossow, Rosdooaun, Knocknaboley, Clooneen, Knockysprickaun, Knockychottaun, Cross, Drumard, Conrea, Shanvallybeg, Derrylea, Cranareen, Derrynanaff, Creggaunnahorna, Westport Demesne and Deerpark East; in the D.E.D.s of Newport West, Newport East, Derryloughan, Kilmeena, and Westport Urban, Co. Mayo. Objectors to CPO: - Kathleen Ensko - Eircom Ltd. - Anthony Doyle - Ron & Maite Morrison - Patrick McGreal & Jacqueline McGreal - Michael Patrick Moran & Lilian Ann Moran - Triona Walsh - C. Cusack - Michael & Teresa Staunton - John Ryan - Niall O’Boyle 16.CH3163 & 16.JP0001 An Bord Pleanála Page 1 of 72 - Eugene Owens - Eithne Chambers - George O’Malley - Helena O’Malley - Michael Doyle & James Doyle - Deirdre Leahy - Martin Nevin - Burrishoole Residents Association - Patrick Cusack (Patrick J. Cusack, Solicitors) - Luke Breach (The Planning Partnership) - Gerard Muldowney (Karen A. O’Malley, Solicitors) - Madeline Jordan (Karen A. O’Malley, Solicitors) - Padraig Murray (Karen A. O’Malley, Solicitors) - Alan Moran & Michelle Davitt (Karen A. O’Malley, Solicitors) - Tommie Moran (Karen A. O’Malley, Solicitors) - Seán McGlynn (Karen A. O’Malley, Solicitors) - Michael F. Loftus (Gaynor Corr & Associates) - Gerard McGinty (Gaynor Corr & Associates) - Pat Ryder (Gaynor Corr & Associates) - Gerard McNulty (Gaynor Corr & Associates) - John McLoughlin (Gaynor Corr & Associates) - Tom Ryder (Gaynor Corr & Associates) - Noreen Duggan Gavin (Gaynor Corr & Associates) - Tony McNeela (Gaynor Corr & Associates) - Reps of Thomas Loftus (Gaynor Corr & Associates) - John T. Moran (Gaynor Corr & Associates) - Paul & Ann Moran (Gaynor Corr & Associates) - Martin Moran (Gaynor Corr & Associates) - Brendan McLoughlin (Gaynor Corr & Associates) - Patrick Hughes (Gaynor Corr & Associates) - Michael McCormack (Gaynor Corr & Associates) - Sinead Cusack (Gaynor Corr & Associates) - Francis Cusack (Gaynor Corr & Associates) - Martin & Liz Gillen (Catherine Walshe) Observations to NIS -Department of Arts, Heritage & Gaeltacht Local Authority: Mayo County Council Date of Site Inspection: 23 rd & 24 th February, 2 nd , 3 rd & 18 th April 2012. Inspector: Michael Dillon 16.CH3163 & 16.JP0001 An Bord Pleanála Page 2 of 72 1.0 NATURE AND SCOPE OF COMPULSORY PURCHASE ORDER 1.1 The Compulsory Purchase Order relates to the compulsory acquisition of lands within the 42 townlands of Murrevagh, Bunnahowna, Rosturk, Rosgalliv, Newfield, Knockmanus, Meennacloughfinny, Roskeen North, Knockloughra, Knockbreaga, Carrowbeg (Fergus), Carrowsallagh, Derrycooldrim, Gortfahy, Keeloges (E.D. Newport East), Derrada, Knockalegan, Corraunboy, Carrowkeel (E.D. Newport East), Kiltarnaght, Cahergal, Drumbrastle East, Derryloughan More, Knocknageeha, Corragaun, Gortawarla, Rossow, Rosdooaun, Knocknaboley, Clooneen, Knockysprickaun, Knockychottaun, Cross, Drumard, Conrea, Shanvallybeg, Derrylea, Cranareen, Derrynanaff, Creggaunnahorna, Westport Demesne and Deerpark East, Co. Mayo, by Mayo County Council. The area of the scheme extends to some 95.055ha – much of which is contained within the existing N59 road alignment, and some 4.79ha of which is actually held in title by Mayo County Council. The owners/lessees/occupants or reputed owners are listed in the First Schedule of the Notice. 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 rights-of-way – 27 no. public rights-of-way and 4 no. private rights-of-way. The Manager’s Order for the CPO is dated 21 st December 2011. 1.2 The CPO is made arising from of the passing, by the elected representatives of Mayo County Council, of the N59 National Secondary Route Westport to Mulranny Road Realignment Scheme under Part XI of the Planning and Development Acts 2000-2010 and under Part 8 of the Planning and Development Regulations 2001, (as amended). The Scheme was adopted by the elected representatives, at a meeting held on 14 th November 2011. The scheme comprises the following elements- • Construction of a Type 3 carriageway road (6.0m wide carriageway with 0.5m flanking hard strips and verges of 2-3m) for a distance of approximately 21.2km. • Division of road improvements into three sections: A (Mulranny to Knockbreaga – 8.0km); B (Knockbreaga to Newport – 6.4km); & C (Corragaun to Westport – 6.8km). • Predominantly on-line improvement with two off-line sections within Section C at Rossow (Rosdooaun) - 0.6km length; and Barleyhill (Derrynanaff/Creggaunnahorna) - 1.0km length. • Enhancements to existing Great Western Greenway cycle/walking route by removal of two ‘at grade’ crossings, and the construction of an underpass, an over-bridge, and 3.2km of cycleway – typically 2.5m in width along the improved N59. • Improvement of 55no. side road junctions (which will involve closure of 31 no. road junctions and their replacement or improvement). • Construction of a roundabout at Westport. 16.CH3163 & 16.JP0001 An Bord Pleanála Page 3 of 72 • Widening of 5 no. existing bridges and construction of 4 no. new bridge structures (one of which is a pedestrian/cycle over-bridge). • Widening of 13 no. existing culverts and construction of 5 no. new culverts. • Construction of one tourist lay-by in townland of Rosgalliv. • Identification of 26 no. recovery sites (for deposition of excavated spoil) of varying sizes along the length of the route. [These areas are numbered 1-34 – there being no numbers 4, 16-17 or 22-26]. • Associated earthworks, drainage, landscaping, diversion of services and ancillary works. 1.3 The CPO public notice states that an Environmental Impact Assessment (EIA) screening process was carried out for the project, and Mayo County Council has determined that the scheme would not have a significant effect on the environment, and that preparation of an Environmental Impact Statement (EIS) was not required. 1.4 A separate public notice [under Section 177AE(4)(a) of the Planning and Development Act 2000 (as amended)] accompanies the submission to the Board, wherein approval is sought for the proposed development for which a Natura Impact Statement (NIS) which has been prepared – the N59 road scheme. 2.0 WRITTEN OBJECTIONS TO COMPULSORY PURCHASE ORDER There are 45 no. objections to the Compulsory Purchase Order – listed as follows- 2.1 The objection from Kathleen Ensko, Rose Cottage, Carrowbeg (Fergus), received by the Board on 11 th January 2012, can be summarised in bullet point format as follows ( P2480a.201 )- • Plot P2480q [sic] is too near house and would result in personal hazard. • A new house should be constructed set further back from the road. 2.2.1 The objection from Eircom Ltd, received by the Board on 7 th February 2012, can be summarised in bullet point format as follows ( P3345a.201 )- • Eircom owns the telephone exchange at Newport (to northwest of town) – plot P3345a. There is extensive underground duct and telecommunications cable plant as well as a large cable turning chamber. • The Council will have to either replace or reroute the underground telecommunications infrastructure. The proposed road works could cut the telephone exchange off. 2.2.2 This objection was withdrawn by letter received on 17 th April 2012. 2.3 The objection from Anthony Doyle, Murreveagh, Mulranny, received by the Board on 21 st February 2012, can be summarised in bullet point format as follows (( P0360a.201 , P0360c.201 & P0360d.201 )- 16.CH3163 & 16.JP0001 An Bord Pleanála Page 4 of 72 • The objector is against the acquiring of plots P0360c & P0360d for use as recovery areas. • The CPO would interrupt ownership which runs from the house to the sea. • Gate access to fields would be lost. • Building work will disrupt enjoyment of the landholding. • Property will be devalued. • House enjoys fine views across fields to be purchased towards Clew Bay. • Lands have been in family for generations and are in good order and can be used for arable and livestock farming. • ESB lines traversing the fields will render them unsuitable for vehicles. • Dykes on this land are linked to adjoining lands and could have a detrimental impact on adjoining farmland. 2.4 The objection from Ron & Maite Morrisson, Derrada, Newport, received by the Board on 21 st February 2012, can be summarised in bullet point format as follows (P2740a.201 )- • Details of new access proposals to property have not been arranged. • The roadside boundary wall is not to be acquired. The levels of the road should allow for maintenance of this wall. • Recovery areas 11 & 12 are close to the objector’s property. Drainage from their property flows through these recovery areas. No details of drainage have been provided. These areas act as attenuation areas during periods of heavy rainfall. No details of reinstatement of land have been outlined.