HomeMy WebLinkAbout2660121 - Chief Executives OrderMONAGHAN COUNTY COUNCIL
PLANNING AND DEVELOPMENT ACT 2000 (as amended)
Chief Executive's Order No: P515-26
Reference Number: 26/60121
Name of Applicant: Owen Shevlin
Address: Owen finegan
Drumconrath Road
Carrickmacross
County Monaghan
A81 YX28
Nature of Application: Permission for development which will consist of: The importation of subsoil
and construction waste to raise existing ground (not exceeding 25,000
Tonnes) use of existing entrance and all associated site works. The class of
activity will be; Class , 5, 6 and 7 of the Third schedule Part II of the Waste
Management (Facility Permit & Registration) Regulations, 2007 as amended
Location of Development: Aughrim Beg Inniskeen Co Monaghan
ORDER:
I hereby decide, pursuant to the provisions of the Planning and Development Acts 2000 (as amended) and the
Planning and Development Regulations 2001 (as amended) to REFUSE to grant Permission for the above
development for the 2 reason(s), set out on the Schedule attached hereto.
Adrian Hughes
SENIOR PLANNER
DATE
26/60121 Owen Shevlin, Aughrim Beg, Inniskeen, Co Monaghan.
1.
Section 15.32 and Policy ILP 1 of the Monaghan County Development Plan 2025-2031 outline that
development proposals for the infilling of lands will only be acceptable where it is demonstrated to the
satisfaction of the Planning Authority that there will be no adverse impact upon surface and
groundwaters.
Having regard to the location of the site within the Fane sub -catchment, which is of poor ecological
status and at risk of not meeting Water Framework Directive objectives, together with the identified
high to extreme groundwater vulnerability and the presence of wetland areas within and adjoining the
site, the Planning Authority considers that the proposed development would be likely to give rise to
significant adverse impacts on surface water and groundwater quality, hydrology, and biodiversity.
The proposed infilling and raising of ground levels would have the potential to fragment wetland
habitats, alter hydrological pathways, reduce carbon storage capacity and adversely affect ecosystem
services. In the absence of any supporting hydrological, hydrogeological or ecological assessment, the
Planning Authority is not satisfied that these impacts can be avoided or adequately mitigated.
Accordingly, if permitted as proposed, the development would be contrary to the Monaghan County
Development Plan 2025-2031 and would be contrary to the proper planning and sustainable
development of the area.
2.
Section 15.32, Section 15.22 and Section 15.23 of the Monaghan County Development Plan 2025-2031
set out the requirements in respect of the infilling of lands, the protection of residential amenity,
environmental considerations, and road safety, and require that development proposals are
supported by sufficient detail to demonstrate that they will not give rise to adverse impacts.
The Planning Authority is not satisfied that sufficient information has been submitted to enable a full
and proper assessment of the proposed development. In particular, the application is not
accompanied by adequate detail in relation to:
(i) The extent and nature of proposed infilling works, including the absence of site sections and
clearly defined maximum fill depths;
(ii) The management and control of potential impacts, including noise, dust, odour and general
disturbance;
(iii) Traffic generation and management, including the likely volume and routing of heavy goods
vehicles;
(iv) The overall methodology, phasing and operation of the proposed development; and
(v) Cumulative impacts having regard to the existence of similar facilities in the vicinity.
Having regard to the nature and scale of the proposed works, involving the importation of significant
quantities of material, the Planning Authority considers that the proposed development would be
likely to give rise to undue adverse impacts on the amenities of properties in the vicinity and would
endanger public safety by reason of traffic hazard on the surrounding road network.
In the absence of sufficient information to demonstrate otherwise, the proposed development would
be contrary to the provisions of Section 15.32, Section 15.22 and Section 15.23 of the Monaghan
County Development Plan 2025-2031, and would be contrary to the proper planning and sustainable
development of the area.
«W'
Adrian Hughes
Senior Planner
Z2.c c. ?A
Date