PmNNfNG & DEVELOPMENTACTS, 2000 - 2010 NOTfFfCATfON OFA GRANT OF PERMfSSfON

WATERFORD COUNTY COUNCfL P

To Dawn Meats Ireland C/o South Eastern Tilt Up Ltd Gardenmorris, Kill Co.Waterford

PLANNING REGISTER NUMBER: 1 U381

APPLICATION RECEIPT DATE: 09/09/2011

Further to the Notification of the Council's Decision dated: 2"d November, 2011

Notice is hereby given that in pursuance of the powers conferred upon them by the above mentioned Acts, Waterford County Council has granted PERMISSION to the above named, and subject to the Conditions set out in the Schedule which accompanied the Notification of the Council's decision on above date, for development of land, in accordance with the documents submitted, namely:

to add an extension to the rear of the existing processing and storage facility together with associated site works at Carroll's Cross, Kilmacthomas, Co. Waterford.

Signed on behalf of said Council

Date: dh December, 2011

NOTE: Development Contributions must be paid prior to commencing the development.

All works must comply with the Building Control Act 1990 & the Building Regulations 1997 - 2002. Please contact the Building Control Section, Fire Station, Kilrush, Dungarvan. Co. __

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PLANNING & DEVELOPMENT ACTS, 2000 - 2010

NOTIFICATION OF DECISION TO GRANT PERMISSION (SUBJECT TO CONDITIONS)

WATERFORD COUNTY COUNCIL. REF. NO.PD.11/381

TO Dawn Meats Ireland C/o South Eastern Tilt Up Ltd Gardenmorris, Kill Co.Waterford

In pursuance of the powers conferred upon them by the above mentioned Acts, the County Council of Waterford have by Order Dated Znd November, 201 1, decided to Grant PERMISSION FOR THE DEVELOPMENT OF LAND NAMELY:

to add an extension to the rear of the existing processing and storage facility together with associated site works at Carroll's Cross, Kilmacthomas, Co. Waterford.

In accordance with the plans submitted and subject to 6 Condition(s) set out in Column 1 of attached Schedule. The Reasons for the imposition of the said Conditions are set out in Column 2 of the Schedule. If there is no Appeal against the said Decision a GRANT O F PERMISSION in accordance with the Decision will be issued after the expiration period within which an Appeal may be made to AN BORD PLEANALA. (See Footnote).

OUTLINE PERMISSION It should be noted that an Outline Permission is a Permission subject to the subsequent Permission Consequent of the Planning Authority and that until such Permission Consequent has been obtained to detailed plans of the development proposed, the development is NOT AUTHORISED.

PERMISSON/PERMISSION CONSEOUENT It should be noted that until a Grant of PERMISSION has been issued, the Development in question is AUTHORISED.

NOT P ?

Signed on behalf of said Council ,'& i:bLq&d A/Administrative Officer Date: 02/11/2011

FOOTNOTE:

In deciding a planning application, the Planning Authority, in accordance with S 34 (3) of the Act, has regard to submissions or observations received in accordance with the Planning & Development Regulations, 2006.

Appeals against a Decision of a Planning Authority may be made to AN BORD PLEANALA within four weeks beginning on the date of this notification. The Appeal must state in full the Grounds of Appeal and the Reasons, Considerations and Arguments on which they are based. The appropriate Fee must also be enclosed. (See attached Schedule of Fees).

Appeals must be received by an Bord Pleanala at the following address :-

An Bord Pleanala 64 Marlborough Street, Dublin 1

ANY APPEAL NOT ACCOMPANIED BY THE APPROPRIATE FEE WILL BE INVALLD.

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WATERFORD COUNTY COUNCIL

REF. NO PD 11/381

RE: to add an extension to the rear of the existing processing and storage facility together with associated site works at Carroll’s Cross, Kilmacthomas, Co.Waterford.

CONDITIONS AND REASONS FOR CONDITIONS

1. The proposed development shall be carried out in accordance with plans and particulars lodged with the Planning Authority on gth September 2011 save where amended by the conditions herein.

Reason: To clarify the documents to which the permission relates

2. Prior to the occupation of the extension an application for retention planning permission to regulate the Integrated Constructed Wetlands serving the propoSed extension shall be submitted and permission granted,

Reason: In the interest of orderly development.

3. (a) Prior to the commencement of development a construction management plan shall be submitted to, and agreed in writing with, the Planning Authority. The construction management plan shall contain mitigation measures to ensure that there is no discharge of polluting matter to the neighbouring water course during the construction phase of the development.

(b)The developer shall ensure that all oils and fuels used to service plant and machinery during the construction phase are stored in secure bunded areas, and particular care and attention shall be taken during refuelling and maintenance operations on plant and equipment.

(c) Prior to the commence of development a revised site layout shall be submitted to, and agreed in writing with, the Planning Authority indicating the surface water drainage arrangements. Design details of the oil inceptor and silt traps shall be included.

Reason: In the interests of orderly development and of environmental protection.

4. No accumulation of waste material, debris or derelict plant shall be permitted on the site. No goods, raw materials or waste products shall be placed or stored outside of the factory or storage silo

Reason: In the interests of proper planning and development and visual amenity.

5. No advertisement sign or structure shall be erected (including those, which are ‘exempted development’ without planning having first been obtained.

Reason: In the interests of traffic safety and visual amenity.

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WATERFORD COUNTY COUNCIL

Roads € 38,355.20 Water Supply € 20,217.60 Community € 38,355.20

, Total Contributions € 96,928.00

REF. NO PD 11/381

RE: to add an extension to the rear of the existing processing and storage facility together with associated site works at Carroll's Cross, Kilrnacthomas, Co.Waterford.

6 . The developer shall pay to the planning authority a financial contribution of €96,928.00 (ninety six thousand nine hundred and twenty eight euro) 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 relevant Development Contribution Scheme was adopted by Waterford County Council on 14th January 2008 & adjusted on lSf January 2010. The contribution shall be paid prior to the commencement of development or in such phased payments as the planning authority may facilitate.

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.

Signed: ,' L LrO A L L Dated: 2"d November, 2011 NAdministrative Officer

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Planning Section

Planners Report and Recommendations

To: From: PL. ref: 11/381 Date: 1st November 2011 Applicant: Dawn Meats Ireland Townland: Carroll's Cross, Kilmacthomas, Co.Waterford Application: Permission to add an extension to the rear of the existing

processing and storage facility together with associated site works

Aisling Gleeson, Senior Executive Planner Brendan Cullinane, Assistant Planner, Planning Section

Planning History Same Site 0311791 - Dawn Meats Exports Ltd - as constructed integrated constructed wetlands - Deemed Withdrawn 02/244 - Dawn Meats Exports Ltd - Retention of an as constructed extension to the side of existing building to include a new refrigerated goods intake area, extension to existing office and provision of at first floor and staff facilities at ground floor - Permission 01/766 - Dawn Meats Exports Ltd - Extension to side of existing building, the extension includes a new refrigerated dispatch loading area, extension to existing office & provision of a dry goods stores - Permission

Pre-Planning Brian White D.0.S 19& August 201 1 No objection to the principle of the proposal. Car parking to be indicated Fire Certificate

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Zoning Table 10.10: Land Use Zoning Objectives

on the 25* November 201 1. It is located to the south of the N25 outside of any settlement limits as desi d in the Waterford County development Plan. The stated area of the site is 5.8 hectares and it is occupied by a large industrial building (storage facility). Permission is sought an extension to the rear with a stated floor area of 2430sq.m.

There is an existing hard stand concrete area to the side and rear and it is proposed to provide an intake bay to the side with a raw material chill area and bin wash room. To the rear a production hall and a number of equipment and store rooms will be provided.

There is an existing stream / watercourse flowing along the rear boundary of site. A submission has been received from Inland fisheries Ireland requesting that mitigation measures be employed during the construction and operation phases of the development,

Wastewater Treatment It is indicated on the application form that wastewater treatment is existing. Under PD0311791 retention permission was sought for an as constructed integrated wetlands which is located to the SW of the building. Further information was sought however no response was received and the application was therefore deemed withdrawn.

I have checked the paper maps, Mapinfo and iPlan and there has not been a subsequent application for retention. Clarification required. (A copy of the planner report under PD03/1791 is attached). A condition of planning will require the wetlands to be the subject of an application prior to the commencement of development.

Natura 2000 Sites (SACS and SPAS) None within lkm of the site.

Car Parking It is indicated that there are 53 no. of car parking spaces to the front of the building and an additional 45 off site car parking spaces. No details of additional staff numbers, if any, have been provided.

Submissions Inland Fisheries Board

- Mitigation measures during the construction and operation phase.

Development Contributions i934sq.m as scaled from Sheet No. 2011-06-01 243osq.m as indicated on application form

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243osq.m - Roads, Community, Water

Recommendations Grant of Permission for an extension to the rear of the existing processing and storage facility together with associated site works subject to the following conditions:-

1. The proposed development shall be carried out in accordance with plans and particulars lodged with the Planning Authority on gfh September 201 1 save where amended by the conditions herein.

Reason: To clarify the documents to which the permission relates

Prior to the occupation of the extension an application for retention planning

and permission granted.

~~~- .\ J,dbc,b 19’LL !+J c,;J‘ 2.

permission to regulate the Integrated Constructed Wetlands i shall be submitted

Reason: In the interest of orderly development.

3. (a) Prior to the commencement of development a construction management plan shall be submitted to, and agreed in writing with, the Planning Authority. The construction management plan shall contain mitigation measures to ensure that there is no discharge of polluting matter to the neighbouring water course during the construction phase of the development.

(b)The developer shall ensure that all oils and fuels used to service plant and machinery during the construction phase are stored in secure bunded areas, and particular care and attention shall be taken during refuelling and maintenance operations on plant and equipment.

(c) Prior to the commence of development a revised site layout shall be submitted to, and agreed in writing with, the Planning Authority indicating the surface water drainage arrangements. Design details of the oil inceptor and silt traps shall be included.

Reason: In the interests of orderly development and of environmental protection.

4. No accumulation of waste material, debris or derelict plant shall be permitted on the site. No goods, raw materials or waste products shall be placed or stored outside of the factory or storage silo

Reason: In the interests of proper planning and development and visual amenity.

5. No advertisement sign or structure shall be erected (including those, which are ‘exempted development’ without planning having first been obtained.

Reason: In the interests of traffic safety and visual amenity.

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6.

Roads € 38,355.20 2 € 20,217.60 Community € 38,355.20 Total Contributions € 96,928.00

The developer shall pay to the planning authority a financial contribution of €96,928.00 (ninety six thousand nine hundred and twenty eight euro) 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 relevant Development Contribution Scheme was adopted by Waterford County Council on 14th January 2008 & adjusted on lst January 2010. The contribution shall be paid prior to the commencement of development or in such phased payments as the planning authority may facilitate.

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.

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Habitats Directive Project Screening Assessment

Development Consent Type

Development Location

Table 1: Project Details

Permission

Carrolls Cross

File Ref 111381

Description of the project

Table 2: Identification of Natura 2000 Sites (SACS and SPAS) Which May Be Impacted By The Proposed Development

Permission to add an extension to the rear of the existing processing and storage facility together with associated site works

Please answer the following five questions in order to determine whether there are any Natura 2000 sites which could potentially be impacted by the proposed development.

Impacts On Freshwater Habitats within a Special Area of or h the catchment of same?

rvation whose qualifying

Sites to consider: Blackwater River, Lower Wver Suir, Waterford Estualry

Habitats to consider: Rivers, Lakes and Lagoons.

Impacts On Wetland Habits nt w'thh a or within I

whose qualifying interests include

Sites to consider: Come- Mountains

Habitats to consider: Bogs, Fens, Marshes and Wet

Impacts on Intertidal and Malrine Habitats Is the development located w!thh a Special

Sites to consider: Tramore Dunes and Backstrand

Habitats to consider:

Conservation whose qualifying interests tats and species, of within the

ngle, Reefs, Sea Cliffs.

lmpacts On Woodlands, Grasslands and Dry Heaths 18 the developmen Consemtian whose wood\ands or g m

Sites to consider: Glendine Wood Nire Valley Woods, Arcimore Head, Helvick Head

200m of same.

Habitats to consider: Woodlands, Grasslands or Dunes.

Protecth Area, or within f km of same.

er: Tramore Backstrand, Duln;lanan Bay, Blackwater CaMows, Blackwater k Head -Ballyquin Coast, Mid Waterford Coast

- No

No

N O

No

N O

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Habitats Directive Screening Conclusion Statement

Development Type Permission

Development Location Carroll's Cross

Natura 2000 sites within impact zone

Planning File Ref 11/381

Description of the project

No

Permission to add an extension to the rear of the existing processing and storage facility together with associated site works

Describe how the project or plan (alone or in combination) could affect Natura 2000 site(s).

If there are potential negative impacts, explain whether you consider if these are likely to be significant, and if not, why not.

>onclusion of assessment

Significant impacts can be ruled out.

locumentation reviewed for making of this statement.

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Planning Section

Engineer’s Report and Recommendations

I

To: From: PL. ref: 03/1791 Date: 23rd February 2004 Applicant: Dawn Meats, Exports Ltd Townland: Carrolls cross, Ballyshonnock, Co. Waterford Application: Retention for as constructed integrated constructed wetlands

James Mansfield, Senior Executive Engineer, Planning Section Thomas Rogers, Executive Engineer, Planning Section

Location The site is located off the N25 at Carrolls Cross.

Planning History No previous history on this part of the overall site.

Summary of application

An application for Retention for as constructed integrated constructed wetlands was made on the 22”d December 2003.

Site Assessment The site was visited on the 20* February 2004 (photos attached). regionally important of high vulnerability. The site is bound on the east by a stream.

The underlying aquifer is

In the details submitted with the application, the applicant concludes that a discharge licence is not required. It is not evidence enough to state a licence is not required. The applicant should liase with the Sanitary Services section of Waterford County Council and provide confirmation in writing to whether the activity requires a discharge licence or not.

The primary treatment system, secondary treatment system and constructed wetland, as is, should have been constructed and installed in accordance with a detailed design and manufacturers specifications. A Certificate of Compliance prepared and signed by the suitably qualified person who undertook the construction, installation and commissioning of the constructed wetland stating that the constructed wetland and associated works fully complied with the design and manufacturers specifications, should be submitted to the Planning Authority.

The applicant should employ an independent suitably qualified person, at their own expense and with the prior agreement of the planning authority, to asses the viability of the constructed wetland as a treatment system.

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As the treatment system deals with animal by-products, it may be subject to the Animal By- products legislation and if so it may not process animal by-products without the prior approval of the competent authority.

The Animal By-products legislation comprises:

EC Regulation No. 1774 of 2002 EC (Animal By-products ) Regulations, 2003 (S.I. No. 248 of 2003)

This legislation came into force on lSt May 2003 and the competent authority is the Dept.of Agriculture. Food and Rural Development.

Plants must comply with Article 15 and Annex 6, Chapter 2, Parts A, By C and D of EC Regulation No. 1774 of 2002.

The applicants should be asked to apply in writing to the following for clarification on the above :

Mr. Noel Dinneny, Animal By-products Division Dept.of Agriculture, Food & Rural Development 4 Centre Agriculture House Kildare Street Dublin 2. Tel. No. 01- 6072342

Recommendation I recommend the following additional information be requested from the applicant: -

- The applicant should liase with the Sanitary Services section of Waterford County Council and provide confirmation in writing from Waterford County Council Sanitary Services section that the activity requires or does not require a discharge licence.

If the treatment system is subject to a discharge licence, an appropriate licence must be applied for and granted by Waterford County Council.

- A Certificate of Compliance prepared and signed by the suitably qualified person who undertook the construction, installation and commissioning of the primary treatment system, secondary treatment system and constructed wetland, stating that the primary treatment system, secondary treatment system and constructed wetland and associated works fwlly complied with the design and manufacturers specifications.

- The applicant should employ an independent suitably qualified person, at their own expense and with the prior agreement of the planning authority, to asses the viability of the constructed wetland at Dawn Meats Exports ltd as a treatment system, submitting a report to the Planning Authority detailing the findings.

- clarification to whether the legislation or not, the applicant should apply in writing to the following:

treatment system is subject to the Animal By-products

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Mr. Noel Dinneny, Animal By-products Division Dept.of Agriculture, Food & Rural Development 4 Centre Agriculture House Kildare Street Dublin 2. Tel. No. 01- 6072342

If the treatment system is subject to the Animal By-products legislation, an appropriate licence or approval must be applied for and granted by the Dept.of Agriculture, Food & Rural Development.

The request for further information is without prejudice to any decision the Planning Authority may take, either to refuse permission or to grant permission with or without conditions.

Further consideration of your application is deferred pending receipt of information requested.

Under A.34(4) of the Local Government (Planning and Development) Regulations 2001, the Planning Application shall be declared to be withdrawn if the M e r information requested is not submitted within 6 months from the date of request.

Signed: Executive Engineer

Signed: Senior Executive Engineer

Date:

Date:

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