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HomeMy WebLinkAbout2557 - Chief Executives AI OrderMONAGHAN CO. COUNCIL PLANNING AND DEVELOPMENT ACT 2000 (as amended Chief Executive's Order No: P956-25ai Reference Number: 25/57 Name of Applicant: Padraig Sherry Address: Agheracalkill Scotstown Co. Monaghan Nature of Application: permission to extend existing poultry unit, erect a new manure store, connect to storage tanks, reposition meal bins, open new entrance on to public road and all associated site works Location of Development: Agheracalkill Scotstown Co. Monaghan nRnFR- I hereby order that pursuant to the provisions of the Planning and Development Act 2000 (as amended) and Article 33 of the Planning and Development Regulations 2001 (as amended), the further information set out on the attached schedule be requested from the applicant. UA,t�� l SENIOR PLANNER DATE 25/57 Padraig Sherry Agheracalkill, Scotstown, Co. Monaghan ADDITIONAL INFORMATION 1. Please submit the following information: A. A fully completed agricultural application form. B. The proposed number of birds to be housed on site before and after the proposed development. C. A signed letter from a registered contractor for the collection of all poultry manure arising from the development or details on the outlet for all poultry manure arising from this facility. Details shall be sufficient to demonstrate compliance with the European Union (Good Agricultural Practice for Protection of Waters) Regulations, 2022 as amended. D. A detailed assessment to demonstrate how it is proposed to provide 26-week storage capacity for hen manure and associated seepage in accordance with the requirements of the with the European Union (Good Agricultural Practice for Protection of Waters) Regulations, 2022 as amended. E. Details on the volume of wash waters produced per annum (m3) F. Details on how it is proposed to collect and store all wash waters from the poultry unit and the manure storage on site during wash out operations in accordance with the requirements of the European Union (Good Agricultural Practice for the Protection of Waters) Regulations, 2022. Confirm the dimensions of the existing and proposed wash water tanks. G. Submit an up-to-date Nutrient Management Plan Assessment demonstrating how it is proposed to utilise wash waters arising from the proposed development in accordance with the European Union (Good Agricultural Practice for Protection of Waters) Regulations, 2022 as amended H. A revised site layout plan (1:500) clearly showing the following: a. All existing and proposed surface/storm water drainage systems (outlined in blue). b. All associated surface/ storm discharge points and outfalls. c. The directional flow of all surface water pipelines. d. The location of sustainable urban drainage measures to be installed on the storm water drainage system. e. The wash water / manure seepage drainage system (in red) to include the following: (i) the discharge route for washings from the poultry unit (ii) seepage from the manure store to tank Details/specification of the sustainable urban drainage measures to be installed on the storm water system. J. Submit details on the outlet for dead birds arising from the proposed development. K. Details of the atmospheric emissions from the existing units (kgN/yr) and the proposed atmospheric emissions from the proposed development (kgN/yr). 2. Under Article 6(3) of the EU Habitats Directive and Regulation 30 of SI no. 94/1997 "European Communities (Natural Habitats) Regulations" (1997) any plan or project which has the potential to significantly impact on the integrity of a Natura 2000 site (i.e. an SAC or SPA) must be subject to an Appropriate Assessment. This requirement is also detailed under Section 177(U) of the Planning and Development Acts (2000-2010). Policy HCLP 5 of the Monaghan County Development Plan 2025-2031 states "Monaghan County Council shall complete Appropriate Assessment, where required as a Competent Authority, in accordance with Article 6 of the Habitats Directive; and shall only grant consent for developments projects after having ascertained that such projects will not adversely affect the integrity of any Natura 2000 site". Furthermore, Policy HCLP 10 of the Development Plan states "The effects of agriculture related air pollution on habitats and species shall be considered by the Planning Authority when deciding on planning applications for significantly scaled agriculture development proposals. Where necessary, Applicants shall be asked to provide appropriate supporting air dispersion modelling and ecological assessment - completed in accordance with relevant guidelines - confirming proposals will not generate adverse effects on protected species or designated sites in Ireland or Northern Ireland." The site of the proposed development is located four kilometres from Sliabh Beagh SPA Natura 2000 site and is located close to the River Blackwater, a tributary of Lough Neagh SPA. It is assumed that the proposed extension will facilitate an increase in bird numbers, thereby increasing the ammonia emissions from the site. As this increase in emissions is likely to have a significant impact upon the integrity of a Natura 2000 site, and having regard to the context and the development as proposed, and the activities associated with the development proposal both during and post construction works, it will be necessary for an Appropriate Assessment to be carried out in relation to this development. Consequently, the applicant is required to submit an assessment to demonstrate to the satisfaction of the planning authority that the proposed development will not have any adverse impact upon the qualifying interest for this Natura 2000 site. If an increase in bird numbers is not proposed then the applicant is required to demonstrate the rationale for the extension. It is noted that the existing poultry unit has an existing stocking rate of 39,900 birds and is close to the 40,000 birds threshold for a mandatory Environmental Impact Assessment (EIA). It is assumed that the proposed extension will facilitate an increase in bird numbers and so this would necessitate the application to be accompanied by an EIA Report. The applicant is required to submit an EIA Report (EIAR) and to amend the description of the development to make reference to the fact that it is being accompanied by an EIAR. This is deemed to be significant additional information and will necessitate the publication of revised newspaper notice and site notice stating same in accordance with Article 35 of the Planning and Development Regulations 2001 (as amended). If an increase in bird numbers is not proposed then the applicant is required to demonstrate the rationale for the extension. 4. Although the submitted plans indicate that a new access is proposed, no details of same have been indicated on the submitted plans. In addition, no details of how delivery vehicles visiting the site will be able to turn within the site to enable them to enter and exit the new access in forward gear. Submit a revised site layout indicating: - a. turning area for largest vehicle visiting the site b. entrance bell mouth of 10 metres c. details of surface water drainage. 5. It is noted that the required visibility splays encroach on lands outside the red outline of the site. Submit details of ownership of these lands, and if the lands are in third party ownership submit legal agreements with relevant landowners which are witnessed by a solicitor agreeing to the provision and maintenance of the required visibility splays. 6. It is noted that the front elevations and rear elevations differ on the plans of existing and proposed buildings. Submit revised plans to address this anomaly. The planner dealing with this application is Darragh McAdam