Inspector’s Report Development 10 year permission sought for infrastructural works to include: • A proposed distributor road (c.430m x 7.3m) with accompanying cycleways, footpaths and landscaping. Two junctions would be provided to afford access to lands on the southern side of this road, and • Associated flood mitigation works, i.e. the re- profiling of the banks to the Rye Water River and the provision of flood water storage and the re-alignment and re-profiling of the Balfeghan Stream and its partial culverting, At the townland of Balfeghan, Kilcock, Co. Meath. Application Planning authority: Meath County Council Planning application reg. no. DA101044 Applicant: Dorville Homes Type of application: Permission Planning authority decision: Grant, subject to 24 conditions ___________________________________________________________________________________ PL17.239211 An Bord Pleanála Page 1 of 39 Appeal Appellants: Charles & Sarah Angel Type of appeal: Third party -v- Decision Observers: Kilcock & Districts’ Community Council Date of site inspection: 22 nd September 2011 Inspector : Hugh D. Morrison ___________________________________________________________________________________ PL17.239211 An Bord Pleanála Page 2 of 39 Site The appeal site is located to the north of Kilcock and at the north western extremity of lands which lie within the environs of Kilcock on the northern side of the Rye Water River. To the south of this River and in a position opposite this site is the newly built Ryebridge housing estate, which represents the existing furthest extent of the town. The appeal site comprises an open field, which is presently in agricultural use for grazing. Beyond this site are similar fields, with those to the east accommodating ribbon development, too. The appeal site is regular in shape and relatively level. It extends over an area of c. 9.98 hectares and it is bounded by the R158, Summerhill Road, to the north west, the southern bank of the Rye Water River, to the south, other lands within Kilcock environs, to the east, and the existing local road, the L6228, between the R158 and the R125, Dunshaughlin Road, to the north east. In addition, the Balfeaghan Stream flows on a roughly north/south axis through the eastern portion of the site. This Stream and the River meet in the south eastern corner of the site. Proposal The planning application seeks a 10 year permission. The proposal is for infrastructural works, which would comprise part of a distributor road and associated services and flood mitigation measures. These works would form an integral part of parallel proposals for the lands in Kilcock’s northern environs, which are the subject of the Kilcock Environs Local Area Plan 2009 – 2015 (KELAP). Thus, the overall distributor road would run between the R148 Maynooth – Kilcock Road to the southeast to the R158 Summerhill Road to the northwest, connecting with the R125 Dunshaughlin Road, en route. Likewise the flood mitigation measures would span these lands. Within the appeal site, the proposed distributor road works would generally follow the line of the existing local road between the R158 and the R125. However, some realignment would occur in the vicinity of the entrance to Balfeaghan House. The new road would be c.430m long and it would incorporate a 7.3m wide carriageway with accompanying cycleways and footpaths and landscaping on either side. Two junctions would be provided on the southern side of this road to provide access into the body of the appeal site and a third junction, on the northern side, would be provided to allow future access to the currently disused driveway to Balfeaghan House. Services would be installed along the route of the road to facilitate the future development of the appeal site, i.e. surface water drainage, foul water drainage, water supply and utilities infrastructure. Within the appeal site, the proposed flood mitigation measures would include the re-profiling of existing river banks of the Rye Water River and the provision of areas ___________________________________________________________________________________ PL17.239211 An Bord Pleanála Page 3 of 39 for flood water storage. The Balfeaghan Stream would be re-aligned and re-profiled and sections would be culverted where they would pass under the new road and future internal estate roads. Excavated fill from the works entailed in these mitigation measures would be used to partially re-profile lands within the site to a level of up to 1m above existing OD. The application as submitted to the Board was accompanied by the following documents: From planning consultants: • Joint Flood Justification Test Report, • Joint Implementation Strategy, • EIS Cumulative Impact Assessment – Volume 1 + Non-Technical Summary, • EIS for this planning application – Volume 2 + Non-Technical Summary, and • Planning Report to accompany Planning Application and EIS From engineers: • Site Specific Flood Risk and Management Assessment, • Water Services Provision Strategic Framework Plan, • Traffic and Transportation Assessment for Proposed Spinal Road Corridor, • Proposed distributor road at Balfeaghan, Kilcock, and • Feasibility Report on Assessment of Proposed Traffic Management Measures, Meath Bridge, Kilcock From landscape architects: • Joint Design Statement Planning authority’s decision Permission was granted subject to 24 conditions. ___________________________________________________________________________________ PL17.239211 An Bord Pleanála Page 4 of 39 Technical reports External consultees • Inland Fisheries Ireland: commentary provided on fish within the Rye Water River and advice provided on best practice during any construction phase. Proposed development would be premature in advance of the upgrade of the Leixlip WWTP, • OPW: following receipt of further information, a commentary was submitted, which can be summarised as follows: o The portion of the Rye Water River in question is maintained by the OPW. Drainage channels should be accompanied by 10m wide maintenance strips, which should be kept free of obstacles to facilitate access to the channels for maintenance purposes, o The flood study report acknowledges that some of the proposed development would be sited in the 1 in 100 year flood plain. It proposes a technical solution to this scenario, which would not lead to an increase in flooding either upstream or downstream. The works entailed in this solution would, therefore, need to be fully implemented, as partial implementation may increase the risk of flooding, and o New culverts/bridges or changes to existing structures would require separate section 50 consents from the OPW. • DoECLG: requested the submission of an archaeological impact assessment, which was submitted pursuant to a request for further information. • Kildare County Council: o Surface water/flood risk: The CFRAMS identifies flood protection works for Kilcock town centre. Funds for these works should be made available to the local authority prior to the commencement of development, o Water supply: At present the watermain infrastructure at the County boundary is inadequate to serve the proposal. The adjoining local authorities need to agree on upgrades/new watermains within Kildare to serve the KELAP lands, o Foul sewerage: The Leixlip WWTP is due to be upgraded to a capacity of 150,000 PE. The 8000 PE allocated for the KELAP lands could then be met. In the interim, a maximum of 2000 PE only could be made available, o Transportation: The overall distributor road between the R148 and the R158 is welcomed, provided this road is constructed in its entirely prior to the development of the KELAP lands. While the TTA addresses Shaw ___________________________________________________________________________________ PL17.239211 An Bord Pleanála Page 5 of 39 and Meath Bridges, it does not address the junction between the R148 and the R158, where there would be capacity and safety issues, and o Heritage: recommends that an AA be prepared. • An Taisce: Evaluation of proposal in relation to future development of surrounding area required. Internal consultees • Road design: Following receipt of further information, no objection, subject to conditions, • Water supply: Detailed designs requested of proposed and agreed upgraded/new watermains and connection and metering locations, • Surface water management: Following receipt of further information, no objection, • Wastewater: Detailed designs requested of proposed sewers, including gradients, and agreed connection and metering locations, and • Heritage: Monitoring conditions requested Grounds of appeal The appellants’ appeal critiques the current proposal and the parallel proposals for the remainder of the KELAP lands, i.e. the eastern lands, which are the subject of applications reg. nos. DA/100697 and 10/571, and the central lands, which are the subject of applications reg. nos. DA/100697 & 834 and DA/110346 & 457. They also refer to the justification tests under The Planning System and Flood Risk Management Guidelines (PSFRM)and the Constitution. Accordingly, I will summarise their grounds under corresponding headings. • The western lands, i.e. the appeal site/area B: o The KELAP refers to the Balfeaghan Stream and an existing culvert, which is too small, and yet the applicant proposes to replicate this size of culvert, o The applicant’s estimate that the design flow of the Balfeaghan Stream at the aforementioned culvert is 5.3 m3/s, whereas the appellants estimate that it is either 9.69 m3/s or 11.4 m3/s, o The inverted siphon