HomeMy WebLinkAbout2560415 - Chief Executives OrderMONAGHAN COUNTY COUNCIL
PLANNING AND DEVELOPMENT ACT 2000 (as amended)
Chief Executive's Order No:
P383-26
Reference Number:
25/60415
Name of Applicant:
Dermot Mooney
Address:
Peter Culleton
Mullabrack
Shercock
Co. Cavan
A81 PN24
Nature of Application: Permission will consist of the re -contouring of existing undulating
agricultural farmland to include the importation of soil, subsoil and
inert material in order to raise the levels of part of the land together
with all ancillary site development works. The lands will be recovered
with topsoil and reseeded with ryegrass upon completion of the re -
contouring works. Significant further Information received relates to
submitted Environmental Assessment report, Traffic Impact report,
Noise Impact report, and proposed drawings
Location of Development: Binmore
Castleblayney
Co. Monaghan
ORDER:
I hereby decide, pursuant to the provisions of the Planning and Development Act 2000 (as amended)
and the Planning and Development Regulations 2001 (as amended) to grant permission for the above
development in accordance with documents submitted, subject to the 13 condition(s) set out in the
Schedule attached hereto.
I further decide that PERMISSION be granted subject to the same conditions on the expiration of the
period for the taking of an appeal to An Coimisiun Pleanala against this decision if there is then no
appeal before An Coimisiun Pleanala.
Adrian Hughes
SENIOR PLANNER
Date
25/60415 Dermot Mooney, Binmore, Castleblayney, Co. Monaghan
1.
Prior to the commencement of development, the developer shall lodge with the Planning
Authority a security by way of a cash deposit for the amount of €30000 to secure the
satisfactory maintenance of the associated public road(s). The cash deposit shall remain in
place until the development is satisfactorily completed and concluded in accordance with the
approved details.
Reason: To secure a satisfactory standard of development.
2.
(a) The developer shall pay to Monaghan County Council a sum of €6340 in accordance
with the General Development Contribution Scheme 2021-2026 made by the Council
under Section 48 of the Planning and Development Act 2000 (as amended), towards
expenditure incurred or proposed to be incurred by the Council in the provision of
community, recreation and amenity public infrastructure and facilities in the area.
(b) The sum attached to this condition shall be revised from the date of the grant of
planning permission to the value pertaining at the time of payment in accordance with
the Wholesale Price Index for Building and Construction (Materials and Wages).
(c) No works shall commence until payment of the development contribution is made in
full, or until Monaghan County Council has agreed in writing to a schedule of phased
payments of the sum.
Reason: It is considered appropriate that the developer should contribute towards the
expenditure incurred or proposed to be incurred by the Council in the provision of
community, recreation and amenity infrastructure and facilities in the area.
3.
(a) Notwithstanding the information submitted, all infilling and re -contouring activity
shall be restricted to the hours 08:00 to 18:00 Monday to Friday, unless otherwise
agreed in writing with the Planning Authority.
(b) No work shall take place on Saturdays, Sundays, bank holidays or public holidays.
Reason: In the interest of residential amenity and to ensure that the development is carried
out in an orderly manner.
4.
Only greenfield soil and stone shall be imported to the site. No waste or contaminated material
shall be accepted. The infilling works shall be undertaken strictly in accordance with an Article
27 EPA notification. Written confirmation of compliance with Article 27 shall be submitted to
the Planning Authority prior to commencement of development.
Reason: In the interests of environmental protection and proper planning and sustainable
development.
5.
(a) One month prior to commencement of the development, the developer shall submit a
revised topographical survey demonstrating phased stages for infill works.
(b) One month prior to commencement of the development, the developer shall submit,
for written approval by the Council's Environment Section, an agricultural
improvement plan prepared by a suitably qualified agricultural advisor.
(c) There shall be no more than 24000 tonnes of greenfield soil and stone imported onto
the site.
(d) An up-to-date register, detailing importers, quantities, and dates of delivery of all
loads to the site shall be kept available on -site for inspection by the Local Authority.
(e) Any hedgerow or tree removal shall not take place during the bird nesting season.
(f) A 10m buffer strip must be in place between the infill area and surface
watercourse. The buffer strip shall be clearly marked with suitable coloured posts.
(g) Facilities shall be provided for the collection and segregation of recyclable waste.
Wastes shall be collected for recycling/reuse whenever feasible or otherwise disposed
of in accordance with the Waste Management Act 1996 (as amended).
(h) The developer shall ensure that adequate measures and precautions are in place for
the construction phase to ensure there is no discharge of polluting matter/sediment
laden waters discharging from the site to any watercourse. These measures shall take
account of the Guidance produced by Inland Fisheries Ireland (IFI).
(i) Monaghan County Council and IFI shall be informed promptly of any spillage
of sediment laden waters, fuel, machine oil or any polluting discharge that
may threaten the quality of any watercourse or groundwater body.
(j) Any fuels, oils, greases, hazardous liquid wastes and hydraulic fluids within
the site area shall be stored on -site, away from any watercourses in a bunded,
leak -proof, and lockable storage area. Note that bunds are to be designed to
contain 110% of the capacity of the largest storage container located within
the bund. There shall be no
overflow drain facility from any bunds on -site and all filling and off -take points
shall be located within a bund.
Reason: In the interests of environmental protection.
6.
The development shall be carried out in full accordance with the submitted Traffic Management
Plan (TMP). No deviation from the routing, operational measures, or traffic controls shall be
permitted without the prior written agreement of the Planning Authority.
Reason: In the interests of traffic/road safety and orderly development.
7.
HGV movements associated with the development shall be limited to a maximum of 12 HGV
movements per day (6 inbound and 6 outbound) unless otherwise agreed in writing with the
Planning Authority.
Reason: In the interests of residential amenity, road safety, and orderly development.
8.
(a) A wheel wash facility shall be installed and made operational prior to the
commencement of any infilling works. All HGVs exiting the site shall pass through the
wheel wash. The wheel wash shall be maintained in effective working order for the
duration of the works.
(b) The public road(s) serving the site shall be kept free of mud, debris, and loose material
at all times. Any soiling of the road shall be immediately removed. Where, in the
opinion of the Planning Authority, this condition is not being complied with, the
importation of material to the site shall cease immediately until appropriate corrective
measures are taken to the satisfaction of the Planning Authority.
Reason: In the interest of traffic/road safety and to protect the local road network.
9.
The acoustic barriers identified on the revised site layout plan submitted as Further
Information on the 29/03/2026 shall be installed in full prior to the commencement of infilling
works and shall be maintained in place for the duration of the development.
Reason: In the interests of residential amenity and orderly development.
10.
(a) Operational noise levels shall not exceed 55 dB(A) LAeq 1hr during permitted working
hours at any point along the site boundary. No infilling or associated activity shall
occur outside the permitted working hours. Noise produced on -site shall be free of
tonal or impulsive characteristics at all times.
(b) Continuous noise monitoring shall be implemented at the locations identified in the
Noise Impact Assessment, or such alternative locations as may be agreed in writing
with the Planning Authority. Monitoring reports shall be submitted to the Planning
Authority at agreed intervals and shall demonstrate noise limit compliance. Prior to
the commencement of development, the developer shall agree these intervals in
writing with the Planning Authority.
(c) All plant and equipment shall comply with pertaining noise limits and shall be fitted
with appropriate silencers. Engines shall be switched off when not in use.
Reason: In the interests of public/environmental health and orderly development.
11.
(a) Prior to any other works commencing, visibility splays of 70m, measured to the
nearside road edge in each direction, shall be provided from a point in the centre of
the site entrance 2.4m from the road edge at a height of between 1.05m and 2m
above ground level to an object height of between 0.25m and 2m above ground level
in both directions. The visibility splays shall be retained and kept clear from
obstructions thereafter.
(b) Where it is necessary to remove hedges, fences, embankments or other obstructions
in order to achieve the required visibility splays, they shall be reinstated behind the
visibility splays. Any new trees or shrubs shall be planted back from the visibility splays
to allow for future growth and some species will require additional set back. All
existing planting shall be kept trimmed behind visibility splays.
(c) Where the existing roadside hedge/embankment is to be removed, the roadside verge
shall be widened (by grading back or infilling where necessary using appropriate inert
material) to include the entire area within the visibility splays, top soiled, and grassed
to the satisfaction of the Planning Authority.
(d) Recessed site entrance shall be of sufficient dimensions to contain a stationary
vehicle off the public road. Any entrance gates shall open inwards only. All HGVs shall
enter and exit the site in a forward gear.
(e) Site entrance shall be surfaced with suitable hard core material from the edge of
public road for a minimum of 5m and the surface shall be graded back so that its level
at 3m from the edge of the carriageway is a minimum of 100mm below road level.
(f) Suitable means of drainage shall be installed at the site entrance and constructed in
such a manner as to prevent water from the entrance flowing onto the public road.
Similarly, measures shall be taken to prevent road surface water from flowing onto
the entrance. The discharge from the above drainage shall be piped to an appropriate
drainage pipeline or watercourse.
(g) Provision shall be made for surface water drainage and no surface water shall be
allowed flow onto the public roadway. The discharge of surface water from the public
road through road surface drainage and road subsoil drainage shall remain
unimpeded.
Reason: In the interest of road/traffic safety.
12.
The area that is filled shall be top soiled and grassed within one year from the date of the expiry
of the five-year planning permission period, or within one year from the cessation of infilling
should the development conclude before the planning permission period expires.
All temporary works, stockpiles, wheel wash facilities, and site compounds shall be removed.
Reason: To secure a satisfactory/appropriate design standard.
13.
The development shall be carried out strictly in accordance with the plans and documents
submitted on the 15/10/2025 as amended on the 29/03/2026 and the 15/04/2026 (including all
mitigation measures and recommendations outlined in the submitted Noise Impact
Assessment, Traffic Management Plan, Environmental Assessment, and the Further Information
cover letter from Traynor Environmental Ltd), except as may otherwise be required in order to
comply with the above conditions.
Reason: In the interest of proper planning and sustainable development.
___ 24
Adrian Hughes Date
Senior Planner