An Bord Pleanála Inspector’s Report An Bord Pleanala Reference 07. KA0027/07HA0041 Local Authority: Galway County Council Description of Development: N59 Maam Cross to Oughterard Road Project Compulsory Purchase Order 07.KA0027 and EIS approval 07HA0041 Objectors to CPO: Galway Diocesan Trustees Edward Lyons & Others Keith & Marett Geoghegan Joe & Mildred Joyce Diane Upson John Geoghegan John & Mary Geoghegan Maria Lennon Martin & Margaret Geoghegan Mary Conneely David Morton Jack Objectors to EIS Carra Mask Corrib Water Protection Group Ltd Galway Cycling Campaign Peter Sweetman on behalf of others Inspector: Breda Gannon Date of Site Inspection: January 24 th , February 9 th , & June 6th , 2013 Date of Oral Hearing February 18 th, 19 th & 20 th , 2013 Date of Re-convened Oral Hearing August 20 th & 21 st , 2013. _____________________________________________________________________ 07.KA0027 An Bord Pleanála Page 1 of 125 Appendices: (1) Site Plan & Photographs (2) Extracts from Galway County Development Plan 2006-2012 (3) Natura 2000 Site Synopsis & Conservation Objectives (4) Submissions to Oral Hearing by Galway Co. Co. (5) Submission to Oral Hearing by Objectors (6) Recording of Oral Hearing (7) Submissions to re-convened Oral Hearing by Galway Co. Council (8) Recording of re-convened Oral Hearing. Appendices: (A) Summary of EIS (B) Errata identified by Inspector _____________________________________________________________________ 07.KA0027 An Bord Pleanála Page 2 of 125 INTRODUCTION On the 5th of October 2012, Galway County Council made a Compulsory Purchase Order entitled Galway County Council Compulsory Purchase Order (No 1), 2012 (N59 Maam Cross to Oughterard Road Project). This Order was made pursuant to the powers conferred on the local authority by section 76 of the Housing Act, 1966, and the Third Schedule thereto, as extended by section 10 of the Local Government (No. 2) Act, 1960, (as substituted by section 86 of the Housing Act 1966), as amended by section 6 and the Second Schedule to the Roads Act, 1993, and as amended by the Planning and Development Act, 2000-2010. The Order was published on October 5 th October, 2012. The Order would, if confirmed, authorise the local authority to acquire compulsorily the land described in the First Schedule to the Order, for the purposes of construction of approximately 15 km of National Secondary Road and associated works from the townland of Lurgan or Shindilla west of Maam Cross to the townland of Claremount, west of Oughterard in Co Galway. The order will also authorise the local authority to extinguish the public rights of way described in the Second Schedule. The full extent of the lands required for the scheme are described in the First Schedule and are shown outlined in red and coloured grey on the deposited maps (Drawings No’s. GC094741-16-181901 to GC094741-16-18196-10). The Second Schedule provides details of 9 no. locations where it is proposed to extinguish public rights of way proposed as part of the scheme. The locations are indicated between the lines coloured green on the deposited maps. The request for confirmation of the compulsory purchase order was received by the Board on the 15 th October, 2012. An application is also made for the approval by An Bord Pleanala of the proposed road development under Section 51 of the Roads Act 1993-2007 as amended by the Planning and Development Acts 2000-2011 (07.HA0041). The scale of the road development is below the threshold for preparation of an EIS. However, the Board having considered the matter exercised its powers under Section 50(1)(b) of the Roads Act 1993, as amended and directed Galway County Council to prepare an environmental impact statement is respect to the project (07HD.0023 refers). A Natura Impact Statement was also submitted to facilitate the Appropriate Assessment of the road upgrade works on Natura 2000 sites in the vicinity of the site. A number of objections were received to both the proposed CPO and the road development and an Oral Hearing in relation to the development took place in the Westwood Hotel, Dangan, Galway on February 18 th , 19 th, & 20 th 2013. The hearing was re-opened on August 20 th & 20 th , 2013. DETAILS OF THE COMPULSORY PURCHASE ORDER The CPO relates to the acquisition of lands for the upgrade of the existing N59 National Secondary Road between Maam Cross and Oughterard to a Type 3 Single Carriageway and all ancillary works. The upgrade will comprise of predominantly online widening with some offline sections. Approximately 10.6 km (70%) of the upgrade will be online _____________________________________________________________________ 07.KA0027 An Bord Pleanála Page 3 of 125 with 4.4 km (30% offline). The main elements of the development include the following: - • 15km of National Secondary Road upgrade • 0.55km of local road improvements/realignments • Improvement of 8 public road junction layouts • 2.0 km of farm/accommodation/access roads and accesses • 3 bridge structures comprising 2 no. new bridges over watercourses and upgrade/extension of I no. bridge over watercourse and 32 piped/ culverted watercourse crossings. • 260m of retaining walls • Earthworks and pavements • 1.65 km of footway/cycle track • Fencing and safety fencing works, drainage works, landscaping works, environmental mitigation measures, utility and services diversion works, accommodation works and all ancillary works. The application to the Board is supported by the Project Engineer’s report of 27 th September 2012 recommending that the CPO be made. The Senior Executive Planner’s report of 28 th September 2012, confirms that the acquisition of lands is in conformity with the proper planning and sustainable development objectives for the area. The total area of land included in the CPO is 65.1 Ha and includes 15.1 Ha classified as public road. The published CPO schedule included the proposed acquisition of 312 plots from a total of 56 landowner groups. The 9 no. rights of way that will be extinguished will be temporary and will be re-instated following the completion of the proposed development. DESCRIPTION OF ROAD DEVELOPMENT The alignment commences c 250m west of Maam Cross and travels in a generally easterly direction along the existing N59. It weaves off-line at 21 locations for distances ranging from 17m to 665m. The off-line locations are detailed in Table 4.1 of the EIS and are indicated on Drawing No GC094741-16-18115. The N59 intersects the regional road (R 336) at Maam Cross and the local road network in a number of locations. The proposed development allows for a minor alignment of the R336 to provide a staggered, at grade, ghost island, priority junction. There are a further 6 junctions with local roads, which will be subject to minor alignments onto the N59 by means of at-grade simple priority junctions. A shared footpath/cycle track will be provided on one side of the proposed road between Derryerglinna N.S and Glengowla West townland. The proposed alignment is either within or borders a cSAC along 4.5 km of its length. There are four principle bridge structures along this section of the roadway and these will be replaced or widened. There are also a significant number of minor watercourse crossings, the majority of which will have to be upgraded/extended as part of the development. A new road drainage system is proposed, which will consist of linear grassed channels followed by linear wetlands at each outfall providing primary and secondary treatment prior to discharge to watercourses. In addition to the material generated from the greenfield sections of the road, which will be re-used as topsoil, the development will also generate material which requires _____________________________________________________________________ 07.KA0027 An Bord Pleanála Page 4 of 125 disposal, mainly peat. It is proposed that the material will be placed in material deposition/peat restoration areas located within the land take boundary. It is estimated that construction will be carried out in a number of consecutive stages and the road will remain open to traffic during the construction period. A number of construction compounds will be required which will be placed in the vicinity of the road development. The compounds are likely to include stores, offices, parking areas for staff etc. A Construction Management Plan (CMP) will be produced by the contractor and will include a detailed programme of works. It will include the Environmental Operating Plan (EOP) and waste management plan (WMP). The EOP will include a fully developed Construction Erosion and Sediment Control Plan. A detailed description of the proposed road development is provided in Chapter 4 of the EIS. DESCRIPTION OF LANDS The section of the N59 affected by the development extends westwards from Claremount Td on the outskirts of Oughterard for a distance of 15 km towards Lurga or Shindilla Td to the west of Maam Cross. The roadway travels through predominantly rural countryside and the main land use is agriculture in the form of low intensity animal grazing, with turf cutting/forestry activity in the wider area. The settlement pattern is largely dispersed with individual properties fronting onto the N59. There are some clusters of dwellings at Glengowla, Derryerglinna and west of Letterfore Bridge. The highest concentration of dwellings generally occurs towards the eastern section of the road closer to Oughterard. Other land uses in the area include a small school at Derryerglinna, a tourist attraction (Glengowla Mines) and Peackocks Hotel at Maam Cross. Oughterard is the largest settlement and provides an important commercial, service and tourism function for the wider area. Maam Cross is an important cross roads at the intersection of the N59 and the R 336, providing links with Leenaun to the north and Rossaveel to the south. The road travels through a very varied, rugged and picturesque landscape.