HomeMy WebLinkAbout2560402 - Report Received from External BodySubmission Details
Submitter
Name EPA EPA
Address EPA Headquarters Johnstown Castle Estate, County Wexford
Note
In relation to application
File Number 2560402
Name McBride Trevor
Address Shanemullagh Clontibret Co. Monaghan RECEIVED: 03/11/2025
Headquarters, PO Box 3000
Johnstown Castle Estate
Co Wexford,
Y35 W821, Ireland
Ceannchethrú, Bosca Poist 3000
Eastát Chaisleán Bhaile Sheáin
Contae Loch Gharman,
Y35 W821, Éire
T: +353 53 916 0600
F: +353 53 916 0699
E: info@epa.ie
W www.epa.ie
LoCall: 0818 33 55 99
03 November 2025
Your Ref: 2560402
Notification of Planning Application: Trevor McBride, Shanemullagh, Clontibret,
Co. Monaghan
Dear Sir/Madam,
I refer to your correspondence received 10 October 2025 requesting comments from the
Agency on the planning application and Environmental Impact Assessment Report (EIAR) for
the above referenced development. In accordance with Section 87(1F) of the EPA Act 1992 as
amended (hereafter referred to as the EPA Act), the Agency makes the below observations.
The development proposed will require an Industrial Emissions licence under Class 6.1 of the
First Schedule to the EPA Act for the rearing of poultry. The Agency has not received a licence
application relating to the development described above.
It is noted that the planning application was accompanied by an EIAR. Should the Agency
receive a licence application for the development, the applicant will be required to submit
the associated EIAR to the Agency as part of the licence application. The EIAR will be
considered and assessed by the Agency and the Agency shall ensure that before the licence
is granted, the licence application will be made subject to an Environmental Impact
Assessment as respects the matters that come within the functions of the Agency and in
accordance with Section 83(2A) and Section 87(1G)(a) of the EPA Act. In addition, consultation
on the licence application and EIAR will be carried out in accordance with Section 87 (1B) to
(1H) of the EPA Act as appropriate. All observations from the planning authority will be taken
into account as part of the Agency’s assessment and before making a decision in relation to
the licence application. Please also note that you will be requested to provide the
documentation relating to the EIA you have carried out to the Agency under Section 173A(4)
of the Planning and Development Act 2000 as amended.
Planning Section
Monaghan County Council
2560402
Submitted via Planning Portal
RECEIVED: 03/11/2025
Should a licence application be received by the Agency all matters to do with emissions to the
environment from the activities proposed, the licence application documentation and EIAR
will be considered and assessed by the Agency.
Where the Agency is of the opinion that the activities, as proposed, cannot be carried on, or
cannot be effectively regulated under a licence then the Agency cannot grant a licence for
such an activity. Should the Agency decide to grant a licence in respect of the activity, as
proposed, it will incorporate conditions that will ensure that appropriate National and EU
standards are applied, and that Best Available Techniques (BAT) will be used in the carrying
on of the activities.
Should an IE licence application be received in relation to the above referenced development,
it will define the site boundary. In most cases, the site boundary only relates to the site of
the poultry rearing and directly associated activities which occur within that defined site
boundary. Activities such as the processing of animal feed, use of organic fertiliser as fertiliser
beyond the site boundary etc. cannot be controlled by a condition of an IE licence which may
be granted for the poultry rearing activity because they do not occur within the defined site
boundary. In relation to the management and use of organic fertiliser, when it leaves the
installation (poultry rearing activity), the IE licence cannot specify conditions governing, and
making the licensee liable for, the use of organic fertiliser by, or the actions of, the subsequent
holder of the organic fertiliser generated. The recipient of organic fertiliser is responsible for
the management and use of the organic fertiliser in accordance with the applicable
regulations (European Union (Good Agricultural Practice for Protection of Waters)
Regulations 2022 and Animal By-Products Regulations (Regulation (EC) No. 1069/2009)).
Finally, please note that in accordance with Section 87(1D)(d) of the EPA Act, the Agency
cannot issue a Proposed Determination on a licence application which addresses the
development above until a planning decision has been made.
For all further queries and correspondence relating to planning matters, please contact
eiaplanning@epa.ie.
Yours Sincerely,
Marian Doyle
Water, Energy and Business Support Programme
Office of Environmental Sustainability
An Clár um Cheadúnú Comhshaoil
Oifig um Inbhuanaitheacht Chomhshaoil
053-916 0600 (Switch)
eiaplanning@epa.ie
www.epa.ie
RECEIVED: 03/11/2025