HomeMy WebLinkAbout2560415 - Notification of Decision
24/04/2026
Ref No: 25/60415
TO: Dermot Mooney
C/O Peter Culleton
Mullabrack
Shercock
Co. Cavan
A81 PN24
Re: Planning and Development Act 2000 (as amended)
NOTIFICATION OF DECISION
Monaghan County Council has by order dated 24/04/2026 decided to GRANT permission to the above
named for development of land, in accordance with the documents submitted namely for:- 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 at Binmore, Castleblayney subject to the 13 condition(s) set out in the Schedule attached.
Signed on behalf of Monaghan County Council
________________________________________
ADMINISTRATIVE OFFICER
___________________________
DATE
Provided there is no appeal against this DECISION a grant of planning permission will issue at the
end of four weeks (see footnote).
NO WORKS CAN COMMENCE ON FOOT OF A ‘NOTIFICATION OF DECISION’ ON AN APPLICATION.
THE DEVELOPMENT IS ONLY AUTHORISED WHEN A ‘NOTIFICATION OF FINAL GRANT’ IS ISSUED.
pp
24 / 04 / 2026
Footnote:
An appeal against a decision of a Planning Authority under the Planning and Development Act 2000 (as
amended) may be made to An Coimisiún Pleanála, 64 Marlborough Street, Dublin 1, D01 V902. (Tel.
(01) 8588100) during office hours.
1. You have four weeks beginning on the date the planning authority makes its decision which
was (24/04/2026). This is a strict time limit.
2. You must put your appeal in writing (either typed or handwritten).
3. You must clearly state your own name and address. If someone is acting for you, like a planning
agent they must clearly state their own name and address as well as your name and address.
4. You must give enough details to allow An Coimisiún Pleanála to identify the application you
wish to appeal.
5. You must provide your planning grounds of appeal (reasons and arguments) for your appeal
and any items you wish to support your grounds of appeal.
6. If you are a third party, you must include the written acknowledgement given to you by the
planning authority to confirm it received your submission at planning application stage.
7. You must pay the correct fee.
For more information on how to make an appeal see www.pleanala.ie
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.