An Bord Pleanála PLANNING AND DEVELOPMENT ACTS 2000 TO 2011 Kildare County Planning Register Reference Number: 11/376 An Bord Pleanála Reference Number: PL 09.240384 APPEAL by An Taisce of Tailor’s Hall, Back Lane, Dublin against the decision made on the 28 th day of February, 2012 by Kildare County Council to grant subject to conditions a permission to John Halligan care of Ger Kelly Architectural Services of Ballyknockan, Valleymount, County Wicklow in accordance with plans and particulars lodged with the said Council. PROPOSED DEVELOPMENT: Retention for change of use from agricultural shed and field to commercial use for the storage, dismantling and recycling of Commercial Vehicles including provision of 0.27 hectare concrete yard area (north west of shed) and retention of 0.19 hectare concrete yard to the south of the shed (on opposite side of laneway). Erection of a boundary wall to the south east boundary (adjoining N81) with a single access/exit point, widen laneway at south end where forms junction with N81 and all associated site works in order to obtain a Waste Licence as required under the planning regulations at Hempstown, Blessington, County Kildare. DECISION GRANT permission for the above proposed development in accordance with the said plans and particulars based on the reasons and considerations under and subject to the conditions set out below. MATTERS CONSIDERED In making its decision, the Board had regard to those matters to which, by virtue of the Planning and Development Acts and Regulations made thereunder, it was required to have regard. Such matters included any submissions and observations received by it in accordance with statutory provisions. _____________________________________________________________________ PL 09.240384 An Bord Pleanála Page 1 of 5 REASONS AND CONSIDERATIONS Having regard to the planning history of the site and to the existing pre-1964 long standing nature of the family business on the site, it is considered that, subject to compliance with the conditions set out below, the development to be retained would not detract from the amenities of the area or depreciate the value of property in the vicinity, would be acceptable in terms of traffic safety and convenience and in terms of site drainage and would not, therefore, be contrary to the proper planning and sustainable development of the area. CONDITIONS 1. The development shall be retained and completed in accordance with the plans and particulars lodged with the application as amended by the further plans and particulars submitted to the planning authority on the 1st day of February, 2012 and as amended by the further particulars received by An Bord Pleanála on the 18 th day of April, 2012 and as amended by the applicant’s submission in relation to section 132 and 137 notices received by the Board on the 20 th day of September, 2012, except as may otherwise be required in order to comply with the following conditions. Where such conditions require details to be agreed with the planning authority, the developer shall agree such details in writing with the planning authority prior to commencement of development and the development shall be carried out and completed in accordance with the agreed particulars. Reason: In the interest of clarity. 2. The usage of the development shall be restricted as follows: (a) Within three months of the date of this order, a planning application shall be lodged seeking retention permission for the change of use of the dwellinghouse from residential use to office/storage associated within the breakers yard. (b) No servicing or breaking of vehicles or storage of vehicular parts or waste materials shall be undertaken in the yard area located along the National Road boundary frontage of the site. (c) The sale of vehicle parts on site shall remain ancillary to the collection, storage and treatment of end-of-life vehicles use, as permitted under this planning permission. (d) The hours of opening of the commercial vehicle business shall be restricted to between 0900 and 1800 Monday to Friday and 0900 to 1500 Saturday. No activity or operations shall take place outside these hours or on Sundays or public holidays. Reason: In the interest of clarity and the amenity of the area. _____________________________________________________________________ PL 09.240384 An Bord Pleanála Page 2 of 5 3. The developer shall submit to and agree in writing with the planning authority proposals for traffic management and these shall be implemented within three months of the date of this order, to include the following:- (a) traffic management, road markings and signage to comply with the Stage 1/2 Road Safety Audit by RoadPlan Consulting submitted to the planning authority on the 1 st day of February, 2012, and (b) following completion of the works, within three months of the date of this order, a Stage 3 Road Safety Audit shall be submitted to the planning authority. Reason: In the interest of traffic safety. 4. The following shall be implemented within three months of the date of this order:- (a) the front roadside boundary wall shall be erected and finished with either wet dashed or nap plaster on both sides and capped, (b) the Landscaping Scheme submitted to the planning authority on the 1 st day of February, 2012 shall be implemented, and (c) details of boundary treatments to the laneway shall be submitted for the written agreement of the planning authority and implemented. Reason: In the interest of screening and visual amenity. 5. Water supply and drainage arrangements, including the disposal of surface water shall be in accordance with the detailed requirements of the planning authority for such works and services. All storm water discharges shall be via oil/petrol interceptors. Detailed measures to prevent the run off of oil or any other solvents from the site shall be submitted to and agreed in writing with the planning authority within three months of the date of this order. Reason: In the interest of public health. 6. Storage of recovered fluids shall be in storage tanks bunded to a volume of 110 per cent of the volume of the tank. Reason : In the interest of pollution prevention. 7. All service cables associated with the development (such as electrical and telecommunications) shall be located underground. Ducting shall be provided by the developer to facilitate the provision of broadband infrastructure. Reason: In the interest of visual amenity. _____________________________________________________________________ PL 09.240384 An Bord Pleanála Page 3 of 5 8. All external lights within the site shall be adequately hooded and aligned to prevent direct spillage of light onto the public road. Reason: In the interest of public safety. 9. No advertising signs or structures shall be erected on the premises or in or outside of the site without the prior written agreement of the planning authority. Reason: In the interest of visual amenity. 10. (a) During the operational phase of the proposed development, the noise level arising from the development, as measured at the nearest dwelling shall not exceed:- (i) an LAeqT value of 55 dB(A) during the period 0900 to 1800 hours from Monday to Friday and 0900 to 1500 on Saturday inclusive. The T value shall be one hour, and (ii) an LAeqT value of 45 dB(A) at any other time. The T value shall be 15 minutes. The noise at such time shall not contain a tonal component. (b) All sound measurement shall be carried out in accordance with ISO Recommendation R 1996 “Assessment of Noise with respect of Community Response” as amended by ISO Recommendations R 1996 1 and 2 “Description and Measurement of Environmental Noise” as applicable. Procedures for the purpose of determining compliance with this limit shall be submitted to and agreed in writing with the planning authority within three months of the date of this order. Reason: To protect the residential amenities of property in the vicinity. 11. The total dust emission arising from all on-site operations associated with the development shall not exceed 350 milligrams per metre squared per day, averaged over a continuous period of 30 days, when measured as deposition of insoluble particulate matter at any position along the boundary of the site. Reason: To control dust emissions arising from the development and in the interest of the amenity of the area. _____________________________________________________________________ PL 09.240384 An Bord Pleanála Page 4 of 5 12. The developer shall pay to the planning authority a financial contribution in respect of public infrastructure and facilities benefiting development in the area of the planning authority that is provided or intended to be provided by or on behalf of the authority in accordance with the terms of the Development Contribution Scheme made under section 48 of the Planning and Development Act 2000. The contribution shall be paid prior to the commencement of development or in such phased payments as the planning authority may facilitate and shall be subject to any applicable indexation provisions of the Scheme at the time of payment. Details of the application of the terms of the Scheme shall be agreed between the planning authority and the developer or, in default of such agreement, the matter shall be referred to the Board to determine the proper application of the terms of the Scheme. Reason: It is a requirement of the Planning and Development Act 2000 that a condition requiring a contribution in accordance with the Development Contribution Scheme made under section 48 of the Act be applied to the permission. Member of An Bord Pleanála duly authorised to authenticate the seal of the Board. Dated this day of 2012. _____________________________________________________________________ PL 09.240384 An Bord Pleanála Page 5 of 5 .