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