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HomeMy WebLinkAbout2560474 - Chief Executives AI OrderMONAGHAN CO. COUNCIL PLANNING AND DEVELOPMENT ACT 2000 (as amended) Chief Executive's Order No: P98-26ai Reference Number: 25/60474 Name of Applicant: Waterways Ireland Address: 2 Sligo Road Enniskillen Fermanagh BT74 7JY Nature of Application: Permission for development consisting of :- The restoration and rebuilding of approximately 3.75km section of the historical Ulster Canal corridor for tourism and recreation. Works include (1) widening of the historical navigation, (2) the construction of approximately 3.6km of grassed towpath, (3) 3.4km of access road, (4) upgrade of existing towpath adjacent to the listed structure (Enclosure MO016-018), (5) the realignment of the canal channel, new road bridge and road realignment at the site of the historical swing bridge at Drumsloe, (6) the refurbishment of Kelly's Canal Bridge and a new pedestrian footbridge at Clonlura, and (7) all other associated site works and ancillary development including embankments, drainage works, temporary site compounds and temporary storage areas. An Environmental Impact Statement (EIS) and a Natura Impact Statement (NIS) have been prepared in respect of the proposed development and will be submitted to the Planning Authority with this application. Location of Development: Clonlura, Clonnagore, Clonoony, Drumsloe, Roranna - Clones 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 25/60474 Waterways Ireland Clonlura, Clonnagore, Clonoony,, Drumsloe, Roranna - Clones, Co. Monaghan ADDITIONAL INFORMATION 1. The application as submitted is considered insufficient in terms of road/traffic safety. The Planning Authority note that the submitted Road Safety Audit was carried out in 2011 on the proposed project, and refers to old and now superseded NRA Documents. These documents are no longer valid and have been replaced by TII Documents. In this regard the the applicant is requested to submit the following information; a) A Stage 1 & 2 Road Safety Audit in accordance with TII Publications The submitted audit shall the assess the impact of the development in terms of road safety from the point of view of all road users' including drivers, motorcyclists, pedestrians, cyclists, etc. b) Revised drawings incorporating all design measures required to address any problems highlighted in the Stage 1& 2 Road Safety Audit. 2. Although it is stated in the Environmental Impact Assessment Report (EIAR) that Alternative 3 - Option 3A was selected as the preferred route, this only relates to a part of the Ulster Canal reinstatement outside County Monaghan. It is considered that Alternative 2: Restoring the canal along its original path as closely as possible is applicable to that part of the canal within County Monaghan. The applicant is required to amend the EIAR to reflect this. 3. It is stated within the Environmental Impact Assessment Report (EIAR) that "It is estimated that a total of 76,092m3 of spoil will be generated by the Proposed Development by the cut earthworks. A total of 53,210m3 of the excavated spoil will be used as fill as required by the Proposed Development. The remaining spoil will be stored in the 2 No. proposed spoil storage areas." The application lacks detail in relation the surplus material of approximately 23,000m3 which is being deposited in the storage areas. Therefore, the applicant is required to submit details in respect of the storage areas such as existing and proposed site levels and cross sections indicating levels before and after infilling. 4. It is noted that Section 4.3.2.1 Water supply of the Environmental Impact Assessment Report (EIAR) states "A detailed filling program will be developed by the contractor for approval with the Water Abstraction Unit of Northern Ireland Environment Agency (NIEA) and Rivers Agency. The Office of Public Works (OPW) and Environmental Protection Agency (EPA) will also be consulted in relation to the works." The planning authority considers that Inland Fisheries Ireland should also be consulted. The EIAR should be updated to include this and also to state that abstractions should be in accordance with the Water Environment (Abstractions and Associated Impoundments) Act 2022 and the Water Environment (Abstractions and Associated Impoundments) Regulations 2024. a Consideration should be given in the Environmental Impact Assessment Report (EIAR) to the use of SuDs / nature -based solutions to sustainably manage surface water run-off from paved surfaces of the proposed development, and a plan should be developed for the maintenance of SUDs in future. The applicant is required to update the EIAR accordingly. 6. The Planning Authority notes the submitted Site Layout Plan for the "Site Compound A" at Clonooney, Co. Monaghan. The layout plan indicates that additional structures may be erected for the duration of the construction phase, including Site Offices, Welfare Facilities, Canteen, Chemicals / Fuels Store and an area for Materials Storage. In this regard the applicant is requested to provided additional information and/or scaled drawings for the aforementioned facilities/ buildings. A revised site layout is also required indicating existing and proposed site levels for this compound. 7. It is noted that a new access is proposed onto the public road at the boat turning area at Clonagore. Consequently, the applicant is required to submit revised plans fully indicating access details such as required radii, gradients and visibility splays. 8. It is stated in the Environmental Impact Assessment Report (EIAR) that "The refurbishment of the canal and towpath included in the Proposed Development will alter the setting of the canal's historic features which had been left in a state of disrepair. Landscaping measures proposed to the north of the ringfort (RMP No. MO016-018) in Drumsloe townland will maintain the naturalistic setting of the monument". The planning authority considers that more detail is required on the proposed landscaping around MO 016-018 and the EIAR is required to be updated accordingly. It is also noted that the ditch of the ringfort was cut through by the installation of the towpath in the 19th century and it is further noted that the towpath will be resurfaced at this location. The applicant is required to revise the EIAR to clarify if any ground disturbance is proposed at this location and if so to provide appropriate archaeological mitigation /monitoring measures as well as details of surfacing, etc. 9. It is noted than in the Cultural Heritage Chapter 12 at Page 5 of the Environmental Impact Assessment Report (EIAR there are references to Newry, Mourne and Down District Council rather than Fermanagh and Omagh District Council as follows "The Newry, Mourne and Down Local Development Plan 2030: Preferred Options Paper and the Banbridge, Newry and Mourne Area Plan 2015 were consulted. These documents outline polices for the protection of heritage sites located within the Newry, Mourne and Down council area." The applicant is required to update the EIAR to make reference to the adopted Fermanagh and Omagh District Council Plan Strategy. 10. The applicant is requested to submit an updated completed Water Protection Checklist in accordance with the requirements of the Monaghan County Development Plan 2025-2031. The planner dealing with this application is Catherine Toner