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HomeMy WebLinkAbout2560462 - Notification of Decision24/04/2026 Ref No: 25/60462 TO: Fergal McCruddan C/O Paraic Fay The Mews 23 Farnham St Cavan H12 T9W2 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:- 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 at Knocknagrave, Tydavnet subject to the 16 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 1. a)The developer shall pay to Monaghan County Council a sum of €3,710.00 in accordance with the General Development Contribution Scheme 2021-2026 (as revised), 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. 2. a)Within one month of date of final grant of planning permission, the applicant/developer shall submit the following documentation to the Planning Authority for agreement in writing; (i)A site layout plan to scale 1:500, illustrating visibility splays of 70 metres along the adjoining public road measured to the nearside road edge in each direction, provided from a point in the centre of the entrance 2.4 metres from the road edge at a height of between 1.05 metre and 2.0 metres above ground level to an object height of between 1.05 metre and 2.0 metres above ground level in both directions. (ii)Fully completed and up-to-date legal agreements (in accordance with Appendix 13 of the Monaghan County Development Plan 2025-2031). The legal agreements shall be accompanied by an appropriate ordnance survey map on which the extent of the hedgerow to be removed/set back/trimmed shall be clearly marked, signed by the applicant and the landowner and witnessed and signed/stamped by a solicitor. (iii)Written consent in respect of the proposed development, from the owner of neighbouring property located east of the site and within 100 metres (eircode H18 DK50), witnessed by a Solicitor or a Peace Commissioner. b)Development shall not commence until the information required to address point (a) above has been submitted to, and approved in writing, by the Planning Authority. Reason: In the interest of traffic safety, residential amenity and to ensure a satisfactory standard of development. 3. a)Prior to the commencement of development, the applicant/developer shall submit to the Planning Authority, for agreement in writing, an ammonia management programme including details of ammonia emission reduction measures in respect of both the existing poultry unit within the application site and the poultry unit hereby approved. Submitted details shall include relevant timeframes for the implementation of the programme and shall have regard to Best Available Techniques (BAT). b)No development shall commence until the details required under (a) above have been submitted and agreed in writing with the Planning Authority. c)The ammonia management programme required under (a) above shall be reviewed annually, and a copy of same shall be submitted to Monaghan County Council on an annual basis, prior to 31st December. Reason: In the interest of environmental protection and public health. 4. a)Prior to the commencement of development the applicant/developer shall submit to the Planning Authority an asbestos survey and removal plan, unless otherwise agreed in writing. b)No development shall commence until the details required under (a) above have been submitted and agreed in writing with the Planning Authority. Reason: In the interest of environmental protection and public health 5. a)Prior to the commencement of development, visibility splays of 70 metres, measured to the nearside road edge in each direction, shall be provided from a point in the centre of the entrance 2.4 metres from the road edge at a height of between 1.05 metre and 2.0 metres above ground level to an object height of between 1.05 metre and 2.0 metres above ground level in both directions. The visibility splays shall be retained and kept clear from obstructions thereafter. Any pole or column materially affecting visibility shall be removed. b)The entrance shall form a bellmouth of 10.0 metres radius with edge of boundary. A recessed entrance shall be of sufficient dimensions to accommodate the largest vehicle likely to use the access, or which may be stationary off the public road. Entrance gates shall open inwards only. c)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. d)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. e)The entrance/access road shall be surfaced with concrete or bitmac from edge of public road for a minimum of 5 metres and the surface shall be graded back so that its level at 3.0 metres from the edge of the carriageway is a minimum of 100 mm below road level. Gradient of access road shall be not greater than 1:20 (5.0%) for the first 5 metres from boundary and 1:10 (10.0%) thereafter. f)(i)A french drain consisting of 300mm diameter pipes, backfilled to ground level with suitable granular filer material shall be placed along the full site frontage. (ii)Surface water drains shall discharge to the nearest appropriate watercourse or drainage pipeline. (iii)Suitable gullies shall be placed at start, end, and intersection of other drains and at not greater than 40 metres intervals. (A separate application shall be made to Monaghan County Council if this requires a road opening licence.) g)Cattlegrid/ACO Drain/Gullies shall be installed at proposed 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. h)Provision shall be made within the site 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 onto the site through road surface drainage and road subsoil drainage shall remain unimpeded. i)No development exempt or otherwise shall be erected over the public sewer, drain or water-main, unless otherwise agreed in writing with the planning authority. j)Before any work is commenced on this development a security, by way of a cash deposit, in the sum of €2250, shall be paid to the planning authority by the developer to ensure the satisfactory completion of all surface water drainage/boundary work within and abutting the site area, to prevent runoff of surface water onto the public roadway and to ensure that no damage is caused to public roadway and any such damage is repaired satisfactorily. Failure to carry out all entrance works to a standard to the satisfaction of the planning authority will result in forfeiture of part or all of the cash security. Reason: In the interests of road safety 6. a)Prior to the commencement of development, a security by way of a cash deposit for the amount of €2,000, or as otherwise agreed, shall be lodged with the Planning Authority by the applicant/developer to ensure the satisfactory completion of landscaping scheme submitted on 31st March 2026. b)This security shall remain in place until all landscaping proposed is completed to the satisfaction of the Planning Authority, in accordance with the submitted details and condition 6 below, and for a further period of three years following completion of the works, unless otherwise agreed by the Planning Authority. Reason: To secure a satisfactory form of development. 7. a)Notwithstanding the submitted landscaping plan, the new site boundaries shall be planted with native hedgerow species so as to form naturalised hedgerows similar to existing hedgerows in the vicinity. Predominant species shall be whitethorn, with blackthorn, hazel and holly also included. Planting shall be in a double staggered row with 8 (eight) 2-3 year old plants per metre; 250mm apart, with 300mm between rows. b)Hedgerow planting, as required, shall be supplemented as per the submitted landscaping plan with native tree species at irregular intervals. Species shall include ash, oak, sycamore and beech. c)Planting as required shall be carried out in the first planting season following commencement of building operations and shall be permanently retained thereafter. Any plant which fails in the first planting season shall be replaced. Trees shall be allowed to mature and shall not be topped when trimming hedgerows. d)Any boundary fencing shall be of stained wood. Reason: In the interests of visual amenity 8. The development/facility shall be operated in accordance with the European Union (Good Agricultural Practice for Protection of Waters) Regulations (2022), as amended. Reason: In the interests environmental protection and public health 9. All buildings shall be designed and built in accordance with Department of Agriculture, Food and the Marine (DAFM) specifications. Reason: In the interest of orderly development 10. The development shall comply with the following requirements; a)All soiled waters shall be directed to a storage tank. b)Polluting matter, including soiled water, shall not discharge or be allowed to discharge to any stream, river, watercourse, groundwater body or to the public road. c)All soiled waters shall be collected, stored and utilised in accordance with the European Union (Good Agricultural Practice for Protection of Waters) Regulations 2022, as amended. d)All uncontaminated roof water from buildings and yard water shall be separately collected and discharged in a sealed system to existing drains, streams or adequate soakpits and shall not discharge or be allowed to discharge to the foul effluent drains, foul effluent and slurry storage tanks or to the public road. e)All drainage works shall be carried out in accordance with agreed details. Reason: In the interest of environmental protection and public health. 11. All organic fertiliser generated by the proposed development shall be stored and utilised in accordance with the details submitted to the Planning Authority and with the requirements of the European Union (Good Agricultural Practice for Protection of Waters) Regulations, 2025. Reason: In the interest of environmental protection and public health. 12. a)Organic fertiliser shall be taken offsite by the contractor/haulier as stated in the planning application. b)The contractor shall be registered with the Department of Agriculture Food and Marine and the organic fertiliser shall be utilized in accordance with the requirements of the European Union (Good Agricultural Practice for Protection of Waters) Regulations 2022, as amended. c)Any changes in contractor shall be agreed in writing with the Planning Authority. Reason: In the interest of environmental protection and public health. 13. There shall be no change in poultry type or increase in the numbers of poultry being accommodated at this site, unless otherwise agreed in writing with the Planning Authority. Reason: In the interest of orderly development 14. a)Any construction and demolition waste or excess soil generated during the construction phase which cannot be reused on site in accordance with Section 3 (1)(c) and Section 39 (1) of the Waste Management Act 1996 as amended, shall be disposed/recovered at an appropriately permitted facility in accordance with the requirements of the Waste Management Act 1996 as amended using authorised waste collectors authorised to collect the type of material for disposal/recovery at authorised treatment facilities. b)If infilling material is required to be imported onsite the applicant shall conform to one of the following; i.Economic operator shall utilise EPA Article 27 notification in moving soil infill material from one site to another. Official correspondence from the EPA granting approval shall be submitted to the Planning Authority prior to commencement of development, or; ii.If using waste material as infill and prior to acceptance of material a valid permit must be issued by Monaghan County Council under the Waste Management (Facility Permit and Registration) Regulations 2007 as amended. c)All waste oils and any other hazardous waste materials shall be stored appropriately and collected, recovered or disposed of in accordance with the Waste Management Act 1996 as amended, and records of such shall be kept on site. d)All hazardous liquid waste or oil/fuel storage containers, temporary or otherwise, shall be bunded, all bunds shall be designed to contain 110 % of the capacity of the largest storage container located within the bund and 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. e)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. Reason: In the interest of environmental protection and public health. 15. a)The applicant shall ensure that adequate measures are in place for the construction phase to ensure there is no discharge of polluting matter/sediment laden waters to any watercourse. These measures shall take account of the guidance in the submitted Construction Environmental Management Plan (CEMP) and shall be in accordance with guidance produced by Inland Fisheries Ireland titled “Guidelines on Protection of Fisheries during Construction Works in and Adjacent to Waters 2016”. b)The applicant shall immediately inform the Planning Authority and Inland Fisheries Ireland (IFI) of an accidental spillage of wastewater, organic fertiliser, fuel, machine oil or any other substance which may threaten the quality of any watercourse or groundwater body. c)The site shall be managed in accordance with the submitted Construction Environmental Management Plan (CEMP) and Resource and Waste Management Plan. The implementation of these plans shall be overseen by a suitably qualified person. d)The site shall be managed in a manner which prevents the discharge of polluting matter to any waters. Reason: In the interest of environmental protection and public health 16. The development shall be carried out in accordance with plans and documentation submitted on the 20th November 2025, as amended by the plans and documentation submitted on 31st March 2026 and 22nd April 2026, except as may otherwise be required in order to comply with the above conditions. Reason: To ensure a satisfactory standard of development