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Home My WebLink About2560462 - Chief Executives AI OrderMONAGHAN CO. COUNCIL PLANNING AND DEVELOPMENT ACT 2000 (as amended) Chief Executive's Order No: P67 -26a1 Reference Number: 25/60462 Name of Applicant: Fergal McCruddan Address: Paraic Fay The Mews 23 Farnham St Cavan H12 T9W2 Nature of Application: Planning permission to Demolish 1 No. existing poultry house (and ancillary structures) and to construct 2 No. poultry houses, 1 No. ancillary store and 1 No. Manure loading area together with all ancillary structures (to include meal storage bin(s) and soiled water tank(s) and site works associated with the above development Location of Development: Knocknagrave Tydavnet Co. Monaghan ORDER: 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. SENIOR PLANNER DATE 25/60462 Fergal McCruddan Knocknagrave, Tydavnet, Co. Monaghan ADDITIONAL INFORMATION 1. Section 15.13.2 'Intensive Agriculture, Poultry and Pig Installations' of the Monaghan County Development Plan 2025-2031 states that 'any development which will result in an increase in ammonia and/or nitrogen emissions within 10km of a European Site (Natura 2000 site) shall not be permitted.' Planning Authority notes that the application site is located approximately 1.221<m from Slieve Beagh SPA. Policy HCLP 8 states that 'Any plan or project which is likely to impact on the conservation objectives of a Natura 2000 site shall be screened for Appropriate Assessment (AA) and where pertinent, a Stage 2 Appropriate Assessment (Natura Impact Statement) shall be undertaken in order to make a determination'. The Planning Authority notes from the submitted AA Screening opinion, prepared by Whitehill Environmental, that it is anticipated that ammonia production from the poultry enterprise will be reduced from a current estimate of 4536kg per annum to 2677.5kg per annum as a result of the introduction of a new manure removal system. It is not clear however, how these figures have been arrived at. In the interests of clarity and environment protection, and to ensure that the proposal complies with aforementioned Section 15.13.2 and Policy HCLP 8, the applicant is requested to provide further details regarding the source and rationale for the figures provided regarding current and proposed ammonia production at the site, and how they have been accurately compiled to inform the conclusions contained in the submitted AA Screening Report. 2. In the interests of environmental protection, the applicant is requested to provide the following information; (i) A Nutrient Management Plan for the holding, taking into account all organic fertilisers, soiled waters and effluents produced by the bovine and poultry aspects of the enterprise that are intended to be spread on the holding. (ii) A Construction Environmental Management Plan (CEMP), taking into account Inland Fisheries Ireland (IFI) guidance 'Guidelines on Protection of Fisheries during Construction Works in and Adjacent to Waters 2016'. (iii) A Construction and Demolition and By -Products Waste Management Plan taking account of EPA guidance 'Best Practice Guidelines for the preparation of resource & waste management plans for construction and demolition projects' ( 2021). (iv) An Asbestos Survey and Removal Plan for the proposed demolition works. (v) A Revised letter from CLR Co -Op detailing the arrangement to collect poultry litter on a weekly basis from the proposed development. 3. The Planning Authority notes that the applicant seeks to improve and existing access onto the local primary road (LP 1133 -0) to serve the proposed development. In accordance with Section 15.23.2 of the Monaghan County Development Plan 2025-2031, the minimum visibility splay requirement for accesses onto a local primary road is 2.4m's X 70 metres. It is noted that the submitted site layout drawing indicates a 'proposed approved 70m Sightline shown in yellow' to the south of the entrance, however the location of this visibility splay is not clear or legible on submitted plans. In the interests of road safety, the applicant is required to submit the following information to ensure the application fully accords with section 15.27 and 15.23.2 of the Monaghan County Development Plan 2025-2031; (i) A revised site layout plan (1:500 scale) indicating how a clear and unobstructed visibility splays of 70m can be achieved at the proposed entry/exit point onto the adjoining public road. The required visibility splays should be provided from a point in the centre of the entrance, 2.4 metres from the road edge at a height of 1.05 metre to 2.0 metres above ground level to an object height of 1.05 metres to 2.0 metres above ground level in both directions. The submitted revised site layout plan should demonstrate all necessary site work, including the extent of the front boundary hedge and trees which would be required to be removed/trimmed, re -grading of side banks etc to achieve the required sight distances. (ii) Where the sight distances are not achievable within the applicant's ownership, the applicant should submit legal agreements with adjoining landowners giving their consent for all necessary works to facilitate the required 70m sight distances, including removal/trimming of hedgerow/hedges, re -grading of side banks etc. The Applicant should note that legal agreements should be submitted using the Appendix 13 template 'Form of Agreement in respect of forward and rear visibility' as contained in the Monaghan County Development Plan 2025-2031. (iii) The applicant is also requested to submit a swept path analysis illustrating the turning movements of HGV vehicles (i) within the site and (ii) entering and exiting the site in both directions at the proposed entrance. 4. Section 15.13.1 'General Requirements for Agricultural Development' of the Monaghan County Development Plan 2025-2031 stipulates that 'where a development is proposed within 100m of any residential property not located on the holding within the rural area (i.e. outside of a designated settlement) written consent from the adjoining property owner stating there is no objection to the proposal and witnessed by a Solicitor or a Peace Commissioner must be provided.' Planning Authority notes that there is a third party, albeit family owned, dwelling located approximately 84 metres east of the proposed development, however no written letter of consent has been provided with regard to same. The applicant is therefore requested to submit additional documentation to demonstrate full compliance with aforementioned section 15.13.1 and associated policy AGP 1. 5. Policy LCP 1 and Section 15.22.4 of the Monaghan County Development Plan 2025-2031 stipulates that all development proposals should be accompanied by comprehensive landscaping plan commensurate to the scale of development being proposed. Planning Authority notes that additional landscaping is proposed along the southwestern boundary of the site, however the proposed planting appears to be located outside the application site red line boundary. In addition, it is unclear from the details submitted as to how the 'Landscaping Legend' relates to the associated drawings in terms of the location and species of trees that are proposed to be planted along the site boundaries. Having regard to same, the applicant is requested to provide the following; (i) A comprehensive and costed, landscaping plan commensurate to the scale of development proposed, prepared by a suitably qualified, competent, technical professional with landscaping expertise. (ii) Landscaping plans shall include, as a minimum, the number, species, location, height at planting, height at maturity and an implementation timescale for all proposed planting. (iii) The new planting scheme should consist of local native plant types which will enhance the visual amenity and the biodiversity of the area. (iv) The removal of hedgerows to facilitate development must be clearly identified on the application drawings and a satisfactory, detailed replanting proposal submitted. The Applicant should note that a bond may be applied in the event of a grant of permission to ensure the satisfactory completion of the landscaping proposed. Note: The applicant is invited to liaise with the Monaghan County Council Planning Section, Environment Section, and the MD Roads Engineer prior to preparing the documentation requested above. The planner dealing with this application is Brian McGeary