PLANNING AND D@JELOPhENT ACTS 2000 TO 2004

Glare County

Planning Register Reference Number: PO4/615

An I3 ord PIean&t Reference Number: PL 03.208 12 1

APPEAL by An Taisce of The Tailors’ Hall, Back Lane, Dublin against the decision made on the 2nd day of July, 2004 by Glare County Council to grant subject to conditions a permission to Clogrennane Lime Limited of Clogrennane, Carlow, County Car-low in accordance with plans and particulars lodged with the said Council.

PROPOSED DEVELOPNBENT: Erection of a lime kiln, fuel oil store and ancillary buildings, facilities and development works at Bahybrody, Ennis, County Clare.

DECISION

GRANT permission for the above proposed development in accordance with the, said plans and particuIars based on the reasons and considerations under and subject to the conditions set out below.

REASONS AND CQNSIDERATIONS

Having regard to the Iocation of the site within an established limestone quarry and to the pattern of development in the area, it is considered that, subject to compliance with the conditions set out below, the proposed development would not seriously injure the amenities of the area or of property in the vicinity, would be acceptable in terms of traffic safety, would not result in signif&.nt adverse effects on the environment or significantly harm protected species in the vicinity of the site. The proposed development would, therefore, be in accordance with the proper planning and sustainabIe development of the area.

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1. The development shall be carried in accordance with the plans and p&t&ulars lodged with the application as amended by the further plans and particulars received by the pIarming authority on the IO* of June, 2004, and Environmental Impact Statement submitted to An Bord PlearGla on the 16fh of February 2005, save as required by other conditions. attached to this permission.

Reason: In the interest of clarity.

2. Water supply and drainage arrangements, including the disposal of surface water, shall comply with the requirements of the planning authority for such works and services.

.Reason: In the interest of public health and to ensure a proper standard of development.

3. Prior to commencement of the development, a lighting system shall be agreed in writing with the planning authority. Lighting shall not overspill from the site.

Reason: In the interests of residential and rural amenities.

4. Prior to commencement of the development, a landscaping and mounding scheme shall be submitted to the planning authority for agreement. This scheme shall include details of all existing trees and hedgerows, specifying those proposed for retention, together with measures for their protection during the period in which the development is carried .out. The site shall be landscaped with in accordance with the agreed scheme, which shall also- include a timescale for implementation.

ReasoCIn the interest of visual amenity.

5. Prior to commencement of development, a detailed parking layout shall be submitted for the agreement of the planning authority. The layout shall provide for:-

(a) 30 car parking spaces, each measuring 2.5 X 5 metres,

circulations aisles with a minimum width of 6 metres, and

(4 a ‘durable surface of good quality and lining out of the individual spaces.

Reason: To ensure a satisfactory parking layout in the interest of traffic safety:

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6; AI1 run-off from roads and paved areas shall pass through adequateIy sized and located oil/petrol interceptors before discharge surface water dr$nage; Refirelling should only take place on such paved areas. with interceptors. i

Reason: In the interest of orderly development.

7. All overground oil or other chemical storage tanks should be adequately bunded to protect against oil spillage. Bunding should be impermeable and capable of retaining a volume equal to 110 per cent of the capacity of the largest tank. Drainage from bunded areas shall be collected and disposed of in a safe manner. The integrity and impermeability of such areas should be assessed by the developer annually (or as otherwise may be agreed) and report submitted to the planning authority. All waste oil shall be removed from the site and disposed of the satisfaction of the planning authority.

Reason: In the interest of amenity, public health and orderly development.

8. No advertisement or advertisement structure, the exhibition or erection of which would otherwise constitute exempted development under the Planning and- Development Regulations, 2001, shall be displayed or erected on the liruekiln without the agreement of the planning authority.

Reason: In the interest of visual amenity.

9. A low intensity fixed red obstacle light shall be stted as close to the top of the kiln as is practicable and shall be visible from all angles in azimuth. Details of this light, its location and period of operation shall be agreed with the p1anning authority before development commences.

season: In the interest of public safety.

10. AlI service cables associated with the proposed development (such as electrical, communal television, telephone and public lighting cables) ‘shah be run underground within the site.

Reason: In the interest of orderly development and the visual amenities of the area.

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11. The developer shall pay to the plakning authority a financial contribution of ~116,172 (one hundred and sixteen thousand &e hundred and se.venp two euro) in respect of public infi-astructure and facilities benefiting develobment in the area of the planning authority that is provided or intended to be provided by or on behalf of the authority in accordtice with the terms of the Development Contribution Scheme made under section 48 of the Planning and Development Act 2000. ’

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& Bard Plea&&“. ‘7.

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duly. authorised to au@entica&’ :I:- ‘.?,..,‘. ’ i

the seal of the Board. ._... / _,_, _,_, . . . !” - _ __ . A -. _

Dated this

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f

CiARE COUNTY COUNCIL k , .-, ‘cd , .j

PLANNING AND DEVELOPMENT ACTS 2000 TO 2002 - NOT&CATIOl&‘. OF DECISION TO GRANT PERMISSION (SUBJECT TO CONDITIONS) “;z?, UNDER SECTION 34 OF THE PLANNING AND DEVELOPMENT ACT 2OOo‘i,l’- --------_-_------------------------------------------------------------------------------------------ :-

To:Clogrennane Lime Ltd. Ref. No. in Phtnning Register:P04-615 Clogrennane Carlow Apphcation Received:18/03/04 Co. Carlow.

Further Information Received:lO/O6/04

In pursuance of the, powers conferred upon it by the above mentioned Acts the Glare County Council has by order dated 2nd July, 2004 decided to grant

e permission for the deveIopment of land, namely:

>

to erect a lime Kiln, fiel ail store and uncilZary buildings, facilities and development works. This proposed activity will require the issue of an integratedpollution control

s licencejom the environmentalprotection agency at BallybrodjJ, Ennis, Co. CIare

The reason for the decision is set out in the First Schedule hereto and is SUBJECT to the conditions set out in the Second Schedule hereto. The reason for the imposition of the said conditions are set out in the Second Schedule hereto. (10 con&ions)

FIRST SCHEDULE

Having regard to the nature and pattern of development in the area, policies of the Ennis and Environs Development Plan, 2003 and the development proposed, it is considered that, subject to the conditions of the second schedule, the proposed development would not seriously injure the amenities of the area or properties in the area and would not be contrary to the proper pknning and development of the area.

SECOND SCHEDULE - CONDIT]rIONS

1. The proposed development shall be carried out in accordance with the plans and particulars submitted to the Planning Authority on 18/3/04 as amended on the, 10/6/04, except where otherwise required by the conditions in this Schedule.

Reason: In the interest of proper planning and development

2. Prior to the commencement of development the developer shah pay a contribution of el16.172.00 to Glare County Council (Planning Authority) in respect of public infrastructure and facilities benefiting the development.

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3.

4.

5.

6.

7.

8.

The amount &this contribution is caIcuIated in accordance with the :

Council’s prevailing Development Contribution Scheme and will be increased from January 1” next and annually thereafter ( unless previously discharged) in line with the Wholesale Price Index - Building and Construction ( published by the Central Statistics Office) unless the scheme is superseded by a further Development Contribution Scheme adopted by the Council.

Reason: It is considered appropriate that the developer should contribute towards the cost of public in&astructure and facilities benefiting the development, as provided for in the Councils prevailing Development Contribution Scheme, made in accordance with Section 48 of the 2000 Planning and Development Act 2000, and that the level of contribution payable should increase at a rate in the manner specified in that scheme.

The development shall be so constructed and operated that there will be no emission of malodorous, fumes, gas, dust or other deleterious materials, no industrial effluent and no noise vibration or electrical interference generated on the site such as would give reasonable cause for annoyance to any person in any residence or public place in the vicinity.

Reason: In the interest of surrounding amenity and of the proper planning and development of the area

30 hard-surfaced car parking spaces 2.5 x 5m each shall be provided, properly marked with luminous road paint and adequate circulation aisles in accordance with&e revised site layout pfan, submitted to the Planning Authority on 23/2/04.

Reason: In the interest of proper planning and development.

No advertisement sign or structure shall be erected (including those which are “exempted development”) without planning permission having first been obtained.

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

No development exempted or otherwise shall be erected over public sewer, drains or watermain.

Reason: In the interests of public health an orderly development.

All surface water generated within the site must be disposed of through the surface water disposal systems to be provided on site. Allsurface water shall be piped to the surface water drainage system.

Reason: In the interests of orderly development.

All soiled surface water run-off from the loading/unloading areas and oil tanks shall be directed through hydrocarbon inceptors prior to discharge into the main surface water drainage network.

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c t Reason: Jn the interests of orderly development.

10.

--. 0 Reason: In the interest of orderly development and visual amenity.

a) Oil tanks on site shall be bunded to 110% of their effective volume. Walls and base of bund shall be of water-tight construction and impervious to the passage of oil. b) Hydraulic oils shah be kept on an impervious hardstand area where in the event of spillage such spillage can be contained and safely disposed of

Reason: To avoid environmental pollution in the interests of amenity, public heahh and orderly development.

The developer shall provide and lay underground all telephone, electricity and piped television cables at the time of construction. Details to be agreed with the E.S.B and Telecom Eireann.

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,... -. ___-_- _. .-.--

IF i ‘ere is no appeal against the said decision, a grant of permission, in accordance with the decisic@ will be :d (after.the expiration of the period within which an appeal may be ma& to An Bord Pleanala (see footnote).

rshould be noted @at, until a grant of permission, has been issued, the development in question is m

Signed on behalf of the said Council this Znd July, 2004.

-_____ _--k-k’ \ --I +

----lf SEMOR STAFF OFFICER, PLANNING SECTION NEW ROAD, ENNIS, CO. CLARE

VOTE : REGARDING APPEALS $n appeal against the decision of a Planning Authority on an application may be made to An Bord Pleanala. Appeals nust be received by An Bord within four weeks beginning on the date of the making of the decision by the Planning Whority. (N.B. not the date on which the decision is sent or received). b appeal m:- a) be made in writing, giving the name and address of the person making the appeal; b) state the subject matter of the appeal with details of the nature and site of the proposed development, the name of

the Planning Authority, the pktnning register number and the applicant’s name and address (if you are a third

e full grounds of appeal with supporting material and arguments, ALn Bord cannot take into consideration any grounds of appeal or information submitted after the appeal is lodged and it cannot consider non-planning issues;. grounds of appeal should not,

I) therefore, include such issues; and _ :) be accompanied by the acknowledgement by the Planning Authority of receipt of the submission or observations ) be accompanied by the appropriate fee (see attached sheet for details) he appeal must be filly complete from the start - you are not permitted to submit any part of it later on, even within e time limit.

lbmissions or observations made to An Bord by or on behalf of a person (other than the applicant or the appellant) as gards-an appeal, shall be accompanied by the appropriate fee and shall be made within four weeks f?om the receipt of e appeal by An Bord or in a case where an Environmental Impact Statement has been submitted, within four weeks of len An Bord publishes notice of its receipt.

request for an Oral Hearing shall be accompanied by the appropriate fee. The request for an Oral Hearing must be ide within the period for lodging the appeal, but where the developer is sent a copy of a third party appeal, he/she is ow&d.,four weeks fi-om this date.

I Appeal, submission or observation to An Bord will be invalid unless it is accompanied by the appropriate fee.

I appeals, submissions, observations and other documents should be addressed to The Secretary, An Bord :amila 64, Marlborough Street, Dub& 1 or delivered by hand to an employee of An Bord PleaAla at :ir offkes during office hours (9.15 a.m. to 5.30 p.m. on Monday to Friday, except public holidays and od Friday):-

: telephone number of An Bord PIe&ila is (01-8588100). Web: http//www.pleanaIa.ie. email: d@pleanala;ie.

development of 2 or more dwellinghouses is considered as commercial development. Under Section 34 (13) of the Planning and DeveIopment Act, 2000, a person shall not be entitled soIely by reason of a permission or approval to carry out any development You are advised to ensure that the appropriate fee is enclosed with any appeal as an appeal accompanied

1 an incorrect fee will be deemed invaIid.

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FEES PAYAWE TO THE BOARD

. Appeal against a decision of a Planning Authority on a planning application relating to commercial development, made by the person by whom the planning application was made, where the application relates to unauthorised development.

. Appeal against a decision of a PIarming Authority on a planning application relating to commercial develoument, made by the person by whom the planning application was made, other than an appeal mentioned at (a).

. AppeaI made by the person by whom the planning application was made, where the application relates to unauthorised development, other than an appeal mentioned at (a) or (b).

peal other than an appeal mentioned at (a) (b) (c) or Q”.

Application for leave to appeal

Appeal following a grant of leave to appeal.

Referral.

Reduced fee (payable by specified bodies)3

Submissions orbbservations (by observer).

Request from a party for an oral hearing ‘aterSolIution Act appeal

:duced fee (payable by certain prescribed bodies)

IbrN;ions or observations. (by observer)

:quest from a party for an oral hearing r Pollution Act )peaI.

bmissions or observations (by observer).

quest from a party for an oral’hearing

.ilding Co&o1 A& peal

Fees under the Planning and Development Acts, 2000 and 2002 above only apply to appeals and 250 :rrak where the applicat was made to the Planning

Authority on or after 1 Im March, 2002 and the appeal or referral is received in the Board on or after 3d June, 2003. Otherwise, fees under the Local Government (Planning and Development) Regulations 2001 (SI525 of2001), apply. Applies to:-All third party appeals except where the appeal follows a grant of leave to appeal; First party (section 37 appeals) planning appeals not involving commercial or unauthorised development; AI1 other (non section 37) first party appeals. These bodies are specified in the Board’s order which determined fees. They include Planning Authorities and certain other public bodies e.g. National Roads Authority, Irish Aviation Authority. Before 3ti June, 2003, the reduced fee is payable by bodies prescribed in the Local Government (Planning and Deveiopment) Regulations 1994, as amended.

Fees Payable

e600

E600

a00

Cl00

a00

E200

El00

E50

E90

El26

S63

Z38

363

360

510

360

n

This guide does not purport to be a legal interpretation ofthe fees payable to the Board. A copy of the Board’s order determining fees under the Planning Act otainable Tom the Board. Further information about fees under other legislation may be found in the appropriate legislation and also available from the Board.

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i I . . se also note the appeal provions of Section 48 (10) (b) of the Planning Autyhority and D&opmemt Act

Contribution Scheme as follow;

‘&I appeal may be brought to the Board where an applicant for permission under section 34 considers that the ems of the scheme have not been properly applied in respect of any conditions laid down by the Planning h?hority”.

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