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HomeMy WebLinkAbout2560463 - Chief Executives OrderMONAGHAN COUNTY COUNCIL PLANNING AND DEVELOPMENT ACT 2000 (as amended) Chief Executive's Order No: P475-26 Reference Number: 25/60463 Name of Applicant: Ronan Boyd Address: Michael Netherton Cogan Street Oldcastle Co Meath A82VP65 Nature of Application: Planning permission for a development which will consist of the re - contouring of existing undulating agricultural farmland to include the importation of green field soil and stone in order to raise the levels of the land together with all ancillary site development works under an Article 27 declaration. The lands will be covered with topsoil and reseeded with grass when completed Location of Development: Binmore Castleblaney 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 18 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. D Adrian Hughes SENIOR PLANNER 12-c�S^• 2.6 Date 25/60463 Ronan Boyd, Binmore, Castleblaney, Co. Monaghan a) The developer shall pay to Monaghan County Council a sum of €12,680 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. ka a) Prior to the commencement of infilling of the site, the developer shall carry out a structural road condition survey, including a video survey, by a suitably qualified professional to the specification and satisfaction of the planning authority (the scope of which shall be agreed in writing by the planning authority) which will identify any areas of the public road along the haul routes which may be susceptible to damage/subsidence due to the hauling of infill material along it to the site, and will identify any immediate works that are required to be carried out to facilitate the haulage of infill material to the site. b) No infilling of the site shall take place until the structural road condition survey, including a video survey has been carried out to the satisfaction of and submitted to the planning authority, and any immediate works required to be carried out to facilitate the haulage of infill material to the site have been completed to the satisfaction of the planning authority. Reason: In the interest of orderly development and road safety. 3. a) Upon cessation of infilling of the site, the developer shall carry out a structural road condition survey, including a video survey, by a suitably qualified professional to the specification and satisfaction of the planning authority which will identify any areas of the public road along the haul routes which have suffered damage/subsidence due to the hauling of infill material along it to the site, and detail proposals to repair or reinstate the public road to a condition to the satisfaction of the planning authority. b) Within two months of the cessation of infilling, or as otherwise specified in writing with the planning authority, the developer shall at their own expense repair or reinstate the public road to a condition to the satisfaction of the planning authority in accordance with the details as agreed in condition 3(a) above. Reason: In the interest of orderly development and road safety. 4. 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 €30,000, to ensure the satisfactory completion of any works identified in condition 3(a) above. The cash deposit shall be retained by the planning authority until the development has been completed to the satisfaction of the Planning Authority in accordance with the permitted plans and documentation. Reason: In the interest of orderly development and road safety. 5. 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. 6. 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. 7. a) Prior to the commencement of development, the applicant shall: i. Engage a qualified environmental consultant for completion of a Japanese Knotweed aftercare plan to ensure the plant is fully eradicated and to prevent further spread. ii. Implement a 3 -5 -year monitoring and inspection schedule, maintain comprehensive records, including inspection findings, treatment dates, and chemical usage. iii. Submit details of the type and location of fencing which is to be erected around a buffer zone of 7m from the closest ground stems of the Japanese Knotweed. iv. Erect signs identifying Japanese Knotweed, exclusion zones, and excavation warnings. Limit access to areas using secure fencing as per report Japanese Knotweed Management Plan. b) Development shall be carried out in accordance with these details or as otherwise agreed in writing with the Planning Authority. Reason: In the interests of environmental protection and proper planning and sustainable development. 8 a) Prior to commencement of development, the applicant shall submit proposed details and location of the proposed silt fence, which is to be erected to maintain a buffer of 10m from all watercourses / wetlands. b) Development shall be carried out in accordance with these details or as otherwise agreed in writing with the Planning Authority. Reason: In the interests of environmental protection and proper planning and sustainable development. 9. 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) All water used in the wheel wash, shall be recycled for further use in the wheel washing process. c) The cleaning of delivery trucks/tractors shall be carried out within the site development and not at the entrance or roadway. d) 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. 10 a) Prior to commencement of the infilling works, the applicant shall install a mobile wheel wash - this must be functional at all times during the proposed infilling timeline and be maintained in accordance with manufacturer's guidelines. b) Waste Quarantine Areas must be clearly identifiable in situ and separate from fill area. c) Any material and plant/machinery leaving the site should be inspected and dry cleaned in a designated area d) Any excess soil generated during the construction phase which cannot be reused on site shall be disposed/recovered at an appropriately permitted facility in accordance with the requirements of the Local Government (Waste Management) Act 1996 as amended using authorised waste collectors authorised to collect the type of material for disposal at authorised treatment facilities. e) 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 titled "Requirements for the Protection of Fisheries Habitat during Construction and Development Works at River Sites". f) The applicant shall maintain a buffer zone of a minimum of 10m between the area of infilling and the perimeter boundaries of the site and any watercourse/land drain/wetland area within the site. No material shall be deposited within this area. g) Monaghan County Council and Inland Fisheries Ireland shall be informed promptly of an accidental spillage of sediment laden waters, fuel, machine oil or any polluting discharge which may threaten the quality of any watercourse or groundwater body. h) 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. i) Any contaminated soil and stone/hazardous waste arising from either the construction phase of the development or entering the site shall be stored in a suitable receptacle in the designated quarantine area prior to removal off site to an authorised facility. j) Emergency spill kits shall be maintained on site at all times in the event of an accidental spill. Drip trays and absorbent mats shall also be maintained on site at all times. k) Machinery used onsite shall be parked away from any watercourses, and any repair work required shall be untaken off -site. I) To further reduce the likelihood of spread of any invasive species, all vehicles and equipment used at the site should be thoroughly cleaned every night and before leaving the site. m) A suction sweeper or similar is to be made available at all times to ensure that the public roads leading to the site are kept in a clean and safe condition. n) The applicant shall ensure completely separate foul and surface water drainage systems are in place. o) 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 to secure satisfactory/appropriate standard of development. 11 a) Prior to the commencement of development, the applicant shall submit, for approval in writing, a detailed Traffic Management Plan (TMP) addressing HGV routing, timing, signage, and measures to minimise disruption to local road users. b) Development shall be carried out in accordance with these details or as otherwise agreed in writing with the Planning Authority. Reason: In the interests of traffic/road safety and orderly development. 12. 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. 13. 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) 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. 14. a) Any existing mature trees and hedgerow defining the site boundaries shall be permanently retained in this development. They shall also be reinforced with additional planting and protected from damage at all times, particularly during operations. b) Site boundaries shall be planted with native hedgerow species 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. c) Hedgerow planting, as required, shall be supplemented with native tree species at irregular intervals. Species shall include oak, sycamore and beech. d) 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. Reason: In the interests of visual amenity. 15. a) Visibility splays of 70m, measured to the nearside road edge in each direction, shall be provided from a point in the centre of the 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 1.05m 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) To reduce impacts on residents adjacent to the proposed site the applicant and all sub- contractors must ensure they adhere to the following: i. Schedule deliveries/construction traffic in such a way as to reduce the possibility of a build of construction vehicles arriving at site simultaneously, resulting in build-up of traffic on road network. ii. Road Cleaning: - the applicant/contractor will be required to carry out road sweeping operations to remove any project related dirt and material deposited on any length of the road network by construction / delivery vehicles. Road Sweepers will be required to dispose of material following sweeping of road network, to a licensed waste facility. Reason: In the interest of road/traffic safety. 16. The development shall be carried out in accordance with the details within the submitted Construction Environment Management Plan, submitted to the Planning Authority on 21/11/2025. Reason: In the interest of orderly development. 17 a) 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. b) All temporary works, stockpiles, wheel wash facilities, and site compounds shall be removed. Reason: To secure a satisfactory/appropriate design standard. 18. The development shall be carried out and retained strictly in accordance with the plans and documents submitted on 21/11/2025, as amended by additional information on 16/04/2026, except as may otherwise be required in order to comply with the above conditions. Reason: In the interest of proper planning and sustainable development. I Adrian Hughes Senior Planner 1Z . 35 . Z6 Date