HomeMy WebLinkAbout2560474 - Chief Executives OrderMONAGHAN COUNTY COUNCIL
PLANNING AND DEVELOPMENT ACT 2000 (as amended)
Chief Executive's Order No: P553-26
Reference Number: 25/60474
Name of Applicant: Waterways Ireland
Address: 2 Sligo Road
Enniskillen
Fermanagh BT74 7JY
Nature of Application: Permission for development consisting of :- The restoration and
rebuilding of approximately 3.75km section of the historical Ulster
Canal corridor for tourism and recreation. Works include (1) widening
of the historical navigation, (2) the construction of approximately
3.6km of grassed towpath, (3) 3.4km of access road, (4) upgrade of
existing towpath adjacent to the listed structure (Enclosure MO016-
018), (5) the realignment of the canal channel, new road bridge and
road realignment at the site of the historical swing bridge at
Drumsloe, (6) the refurbishment of Kelly's Canal Bridge and a new
pedestrian footbridge at Clonlura, and (7) all other associated site
works and ancillary development including embankments, drainage
works, temporary site compounds and temporary storage areas. An
Environmental Impact Statement (EIS) and a Natura Impact Statement
(NIS) have been prepared in respect of the proposed development and
will be submitted to the Planning Authority with this application.
Significant Further information / revised plans was received
Location of Development: Clonlura, Clonnagore, Clonoony,
Drumsloe, Roranna - Clones
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 25 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.
Cathal Flynn
DIRECTOR OF SERVICES
3
Date
25/60474 Waterways Ireland Clonlura, Clonnagore, Clonoony,
Drumsloe, Roranna - Clones, Co. Monaghan
1.
a) Prior to the commencement of the development, the applicant shall submit to the planning
authority for written agreement revised plans and details which includes: -
(i) A minimum of two perpendicular cross sections of the proposed spoil storage areas which
detail accurately the total amount of surplus soil of approximately 23,000m3 which is being
deposited in the storage areas and accurately identify existing and proposed site levels
before and after infilling.
(ii) Clarification that the proposed banks and cuttings within the spoil storage areas and at the
temporary site compound are intended to be temporary features and details of where and
when the material within the banks will be deposited / disposed of permanently. In the event
that the proposed banks and cuttings are intended to be permanent features, details of
regraded cutting and bank gradients following completion of construction that are reflective
of gradients in immediate surrounding area shall be included within the revised plans and
cross sections.
b) The development shall be carried out in full accordance with such details as approved by the
Planning Authority.
Reason: In the interest of orderly development and environmental protection.
2.
a) Prior to the commencement of the development, the applicant shall submit a full suite of
proposed Floor Plans and Elevations of all structures, tanks and buildings proposed within Site
Compound A.
b) Development shall be carried out in full accordance with such details approved by the Planning
Authority.
Reason: In the interest of orderly development and environmental protection.
3.
a) Prior to the commencement of the development, the applicant shall submit to the planning
authority for written agreement details in respect of access point(s) to facilitate construction
related traffic for the development.
b) The development shall be carried out in full accordance with such details as approved by the
Planning Authority, unless otherwise agreed in writing.
Reason: In the interest of orderly development and road safety.
4.
a) Prior to the commencement of development, 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 in the vicinity of the
development which may be susceptible to damage/subsidence due to the hauling of materials
associated with the development along it and will identify any immediate works that are required
to be carried out to facilitate the haulage of materials.
b) No development 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 material associated
with the development have been completed to the satisfaction of the planning authority.
Reason: In the interest of orderly development and road safety.
5.
a) Upon completion of the development, 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 materials associated
with the development along it, 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 completion of the development, 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 5((a) above.
Reason: In the interest of orderly development and road safety.
6.
a) Prior to commencement of development, a security by way of an approved Insurance bond,
letter of guarantee issued by a body approved by the Planning Authority for the purpose, or a
cash deposit in the sum of€500,000, updated in accordance with the Wholesale Price Index for
Building and Construction (Materials and Wages), shall be lodged with the Planning Authority
by the developer as a bond to ensure the satisfactory completion of any works identified in
condition 5(a) above.
b) The bond or cash deposit shall be retained by the planning authority for a minimum period of
two years after development has been completed and any repair / reinstatement works
required has been carried out to the public road in accordance with the permitted plans and
documentation and to the satisfaction of the Planning Authority.
c) The requirements set out in part (a) and (b) of this condition shall be complied with in full
unless otherwise agreed in writing with the Planning Authority.
Reason: In the interest of orderly development and road safety.
7.
a) Prior to any other works commencing, visibility splays of 50m, measured to the nearside road
edge in each direction, for the new access onto the L-22431-0 at Clonnagore, 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) Prior to any other works commencing, visibility splays of 50m, measured to the nearside road
edge in each direction, for the temporary access onto the L-22414-1 at Clonoony, 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 unless otherwise agreed in writing with the planning authority.
The visibility splays shall be retained and kept clear from obstructions during the use of the
compound.
c) Details in respect of the accesses and related site works shall be agreed in writing with the
Planning Authority prior to commencement of development works.
d) Any pole or column materially affecting visibility splays shall be removed prior to any use of the
development.
e) Any public utility poles which may be exposed by the removal of the boundary fence and/or
hedgerow shall be re -sited in a position along the new fence line and/or hedgerow concurrently
with overall site development works.
f) Where it is necessary to remove hedges in order to achieve the visibility splays, the new boundary
hedge shall be located clear of sightlines.
g) The line of any new fence or wall shall be positioned behind the visibility splays.
h) Any new boundary or entrance work shall be located not less than 2.5 metres from the public
road carriageway with level margin.
i) Entrance/Access roads shall be surfaced with concrete or bitmac from edge of public road for a
minimum of 5 metres.
j) The area between road carriageway and boundary shall be graded back so that the level at
boundary 100 mm below road level.
k) Provision shall be made within the site for surface water drainage and no surface water shall be
allowed flow onto the public roadway.
I) Prior to any use of the development the developer shall install ACO Drain/Gullies at the proposed
entrances constructed in such a manner as to prevent water from the entrance flowing onto the
public road. Similarly, measures must be taken to prevent road surface water from flowing onto
the entrance. The discharge from the above shall be piped to drainage pipeline.
m) The discharge of surface water from the public road onto the site through road surface drainage
and road subsoil drainage shall remain unimpeded.
n) Adequate public lighting shall be provided at locations where works are taking place to the public
road and details of the proposed lighting shall be submitted and agreed in writing with the
Planning Authority prior to the commencement of any work on this development.
o) All site works required in relation to road closures and provisions of bridges and related structures
shall be agreed in writing with the Planning Authority prior to commencement of such works.
p) The developer shall take all necessary steps to prevent the risk of flooding occurring to roadways,
adjoining lands and downstream of the proposed development.
Reason: In the interest of traffic and pedestrian safety, and to ensure a satisfactory standard of
development.
8.
a) Prior to the commencement of development, the developer shall submit, for written agreement
with the Planning Authority, a Traffic Management Plan (TMP) for the duration of the
construction period.
b) The development shall be carried out in full accordance with such details as approved by the
Planning Authority.
Reason: In the interest of traffic and pedestrian safety, and to ensure a satisfactory standard of
development.
9.
a) Prior to commencement of development the applicant shall submit, for written agreement with
the Planning Authority, a site specific Construction and Environmental Management Plan (CEMP).
This CEMP shall be fully implemented and shall include measures identified in the EIAR and outline
CEMP included with this application.
b) THE CEMP shall be sufficient to demonstrate 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. The Construction and Environmental Management Plan shall take account of
the guidance produced by Inland Fisheries Ireland titled "Guidelines on Protection of Fisheries
during Construction Works in and Adjacent to Waters 2016"and shall contain measures in relation
to Biosecurity.
c) The CEMP shall include monitoring of adjacent waterbody upstream and downstream of the
proposed works and shall include daily visual checks of the receiving waters. Any discharge,
spillage or deposit of any polluting matter from the premises which enters or is likely to enter any
waters shall be reported to the relevant authority immediately.
d) The mitigation measures in the Construction and Environmental Management Plan (CEMP) shall
be fully implemented and overseen by a suitably qualified Environmental Officer.
e) Development works shall be carried out in accordance with details as agreed with the Planning
Authority under part (a) of this condition.
Reason: In the interest of environmental protection and orderly development.
10.
a) Prior to the commencement of the development, the applicant shall submit a Project
Management Plan which shall include the following measures: -
Mitigation measures to be employed in respect of environmental protection (inclusive of
natural heritage) both during construction and operational phases of the development as
hereby approved.
ii. Provision, within the site boundaries, for the temporary accommodation of building
materials and vehicles
iii. Car and truck parking facilities to be provided on -site during the Construction Phases of
development.
iv. Provision of a defined Contractor's Compound incorporating measures, where necessary,
to counteract ground -water pollution.
v. A temporary wheel wash arrangement to be used by all vehicles at all locations where they
exit the site onto the public road.
b) Development shall be carried out in full accordance with such details as approved by the Planning
Authority.
Reason: In the interest of orderly development and environmental protection.
11.
a) The site shall be managed in a manner which prevents the discharge of polluting matter to any
ground or surface waters.
b) There shall be no instream works without prior written approval from Inland Fisheries Ireland.
c) Abstractions shall be in accordance with the Water Environment (Abstractions and Associated
Impoundments) Act 2022 and the Water Environment (Abstractions and Associated
Impoundments) Regulations 2024.
d) Any hazardous liquid waste, chemicals, greases, hydraulic fluids or oil/fuel storage containers
temporary or otherwise shall be bunded and located within the Compound Area. All bunds shall
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.
e) All necessary refuelling of plant and equipment shall only take place within a designated
impermeable, bunded area, away from all drains/watercourses. Drip trays of adequate capacity
shall be provided to contain any spillage during refuelling. Emergency Spill kits shall be maintained
onsite at all times in the event of an accidental spill.
f) Storage of dry materials/chemicals shall be in sealed metal containers and shall be managed in a
manner which prevents the discharge of polluting matter to ground or surface water. Non-
hazardous dry materials shall be managed in a manner which prevents the discharge of polluting
matter to ground or surface water.
g) All proposed surface water drainage systems shall be designed to ensure that no polluting matter
enters the surface water collection system.
h) 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. The upkeep of a live Resource and Waste Management Plan
(RWMP) shall be maintained throughout the duration of the development.
i) If infilling material is required to be imported onsite the applicant shall conform to one of the
following;
i. If utilising EPA Article 27 notification to move 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 a valid permit must be issued by Monaghan County Council
in accordance with the Waste Management (Facility Permit and Registration) Regulations
2007 as amended prior to acceptance of material.
j) 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.
12.
a) Prior to commencement of development, or as otherwise agreed in writing with the Planning
Authority, a bat survey shall be carried out on Kelly's Bridge by an appropriately qualified
ecologist. The survey shall be carried out to assess any changes in baseline environment since the
time of undertaking the surveys in 2024 and to carry out a detailed inspection of the bridge once
scaffolding/MEWPs are in place to allow it.
b) In the event that the presence of any additional bats or roosts is detected by the survey as
required under part (a) above, the applicant shall agree details in writing with the Planning
Authority for the mitigation of impacts of the proposed development on any bats or related roosts
within the site area.
c) All details in respect of the site survey as required under part (a) of this condition and mitigation
measures in respect of any bats or related roosts as may be required under part (b) of this
condition shall be submitted to and agreed in writing with the Planning Authority prior to any
construction works being carried out on the development.
d) All other Mitigation Measures and Recommendations, as identified in the submitted Baseline Bat
Report, as prepared by MKO dated 27/11/2025, shall be implemented in full prior to the
commencement of development.
e) The Applicant shall obtain an NPWS Derogation Licence under the Wildlife Act to undertake any
works on structures where bats or roosts have been identified.
f) A suitably qualified ecologist shall be on -site during each work phase (i.e. vegetation removal,
arch cleaning, repointing), to monitor roost health and limit disturbance.
g) Any alternative roosting locations or the implementation of bat boxes at various locations
throughout the proposed development shall be in place prior to the commencement of
development.
h) Development shall be carried out in full accordance with such details as approved by the Planning
Authority.
Reason: To ensure the development does not impact upon any bats or their related roosts and
provide for protection of bats
13.
a) Prior to the commencement of development, a Badger survey shall be carried out in accordance
with the "Guidelines for The Treatment Of Badgers Prior To The Construction Of National Road
Schemes (TII 2005)", and submitted to the Planning Authority for agreement in writing.
b) The survey shall assess the current activity status of all identified setts within the footprint of the
proposed development and demonstrate that no additional setts in close proximity to proposed
infrastructure have been established. The survey shall be carried out by an appropriately qualified
ecologist.
c) In the event that the submitted survey identifies a badger sett within or immediately adjacent to
the development footprint, the applicant shall submit details of satisfactory mitigation measures.
d) The badger survey and any mitigation measures, as required under part (a), (b) and (c) of this
condition, shall be submitted and agreed in writing with the Planning Authority prior to the
commencement of any construction works.
Reason: To ensure the development does not adversely impact upon any badgers or their habitats
and to provide for protection of badgers.
14.
a) Prior to any construction works commencing on site, an artificial badger sett shall be constructed
and the identified active badger sett located within the footprint of the proposed development
will be excluded.
b) The artificial badger sett shall be constructed in advance of the closure of a breeding sett, and
within a timeframe to be agreed in writing with the Planning Authority. In this interval, the
affected badgers will be encouraged to utilise the artificial sett by means of attractive food baits
(peanuts etc.) and materials from the breeding sett added (such as bedding and spoil).
c) The sett shall be constructed approximately 160m northwest of the natural main sett, and within
the group's territory.
d) The constructed tunnel and chamber system shall be located in well -drained soils and be
landscaped and planted to ensure cover and lack of disturbance.
e) While the sett will be located 20m from the proposed works area, the sett shall be designed so
that tunnels are not in proximity to areas where vehicles will be operated, eliminating the risk of
tunnels within the sett collapsing due to the vehicles tracking over them.
f) Exclusion fencing shall be put in place around the artificial sett to encourage the badgers to utilise
their pre-existing foraging grounds outside of the proposed works area, which are located to the
west of the artificial sett.
Reason: To ensure the development does not adversely impact upon any badgers or their habitats
and to provide for protection of badgers.
15.
a) Prior to any works commencing, the applicant shall obtain an updated NPWS Derogation License
under the Wildlife Act to undertake any works in an area where badger setts have been identified.
b) All works shall be undertaken in line with the "Guidelines for The Treatment Of Badgers Prior To
The Construction Of National Road Schemes (TII 2005)".
c) Any works that must occur within disturbance buffers of the artificial sett shall be subject to
monitoring by a qualified ecologist.
e) The development shall be carried out in full accordance with such details as approved by the
Planning Authority.
Reason: To ensure the development does not adversely impact upon any badgers or their habitats
and to provide for protection of badgers.
16.
a) Prior to commencement of development, or as otherwise agreed in writing with the Planning
Authority, a survey shall be carried out by an appropriately qualified ecologist of the site area for
the presence of otters.
b) In the event that the presence of otters are detected by the survey as required under part (a)
above, the applicant shall agree details in writing with the Planning Authority for the mitigation
of impacts of the proposed development on any otters within the site area.
c) All details in respect of the site survey as required under part (a) of this condition and mitigation
measures in respect of any otters as may be required under part (b) of this condition shall be
submitted to and agreed in writing with the Planning Authority prior to any construction works
being carried out on the development.
d) The development works shall be carried out in accordance with details as agreed with the
Planning Authority under part (b) of this condition.
Reason: To ensure the development does not impact on any otters and provide for protection of
otters.
17.
a) Prior to commencement of development, or as otherwise agreed in writing with the Planning
Authority, a survey shall be carried out by an appropriately qualified ecologist of the site area for
the presence of frogs and newts.
b) In the event that the presence of newts are detected by the survey as required under part (a)
above, the applicant shall agree details in writing with the Planning Authority for the mitigation
of impacts of the proposed development on any newts within the site area.
c) All details in respect of the site survey as required under part (a) of this condition and mitigation
measures in respect of any newts as may be required under part (b) of this condition shall be
submitted to and agreed in writing with the Planning Authority prior to any construction works
being carried out on the development.
d) The development works shall be carried out in accordance with details as agreed with the
Planning Authority under part (b) of this condition.
Reason: To ensure the development does not impact on any frogs and newts and provide for
protection of frogs and newts.
18.
a) For the duration of site works associated with the development, the developer shall engage the
services of a suitably qualified archaeologist for monitoring all site development works, to include
access and haul roads and storage areas for all materials relating to the development. No site
preparation works or other ground -works shall be undertaken without consultation with the
appointed archaeologist and shall not be undertaken in the absence of the appointed
archaeologist without his/her express consent. In the event that archaeological material is found
to be present the developer shall:
i. Cease works pending a decision how best to deal with any archaeological find;
ii. Notify the Department of the Arts , Heritage and Gaeltacht with regard to any mitigation
action; (e.g. preservation in situ , or by excavation)
iii. The Planning Authority and Department of the Arts, Heritage and Gaelteacht should be
furnished with a report describing the results of any archaeological investigations;
b) Having completed the work as may be required under part (a) of this condition, the archaeologist
shall submit a written report of any findings to the Planning Authority and to the Department of
Arts, Heritage and Gaelteacht.
c) Where archaeological material/features are shown to be present, preservation in situ,
preservation by record (excavation) or monitoring may be required.
Reason: To ensure the continued preservation (either in situ or by record of places, caves, features or
other objections of archaeological interest)
19.
a) Prior to commencement of development, or as otherwise agreed in writing with the Planning
Authority, details shall be submitted to the Planning Authority for agreement in writing in relation
to the provision of temporary fencing so as to provide for a satisfactory buffer zone around the
recorded monument M0016-018.
b) Fencing details agreed under part (a) of this condition shall be provided prior to the
commencement of any construction works, and shall be retained for the duration of construction
works.
c) The development works shall be carried out in accordance with details as agreed with the
Planning Authority under part (a) of this condition.
Reason: To ensure the continued preservation (either in situ or by record of places, caves, features
or other objections of archaeological interest)
20.
a) Prior to commencement of development, or as otherwise agreed in writing with the Planning
Authority, details shall be submitted to the Planning Authority for agreement in writing in relation
to landscaping works within the entire site area associated with the development proposal.
Details shall also be agreed in relation to specific landscaping proposals for the treatment of
existing vegetation affected by the development proposal, including full details of all tree,
hedgerow and shrub planting and a programme of works relating to the landscaping of the site
area.
b) Development works shall be carried out in accordance with details as agreed with the Planning
Authority under part (a) of this condition.
Reason: To ensure the provision, establishment and maintenance of a high standard of landscape.
21.
a) Prior to the commencement of works, or as otherwise agreed in writing with the Planning
Authority, the applicant shall submit to the Planning Authority for written agreement, a Method
Statement outlining a detailed programme of works for all alterations and restoration works
proposed to Kelly's Bridge and related structures which are to be retained within the application
site.
b) All alterations and works proposed to Kelly's Bridge and related structures which are to be
retained within the application site shall be carried out under the professional supervision on site
of an architect with specialised conservation expertise and shall be designed to cause minimum
interference to the building structure(s) and/or fabric(s) and to be reversible where possible.
c) The development shall be carried out in accordance with this agreed Method Statement, unless
otherwise agreed in writing with the Planning Authority.
Reason: To ensure that the integrity of the built heritage within the site is maintained and that the
proposed alteration works are carried out in accordance with good conservation practice with no
unauthorised or unnecessary damage or loss of historic fabric.
22.
The mitigation measures contained within the Environmental Impact Assessment, as prepared by MKO
on 27/11/2025, submitted to the Planning Authority on the 27/11/2025, shall be implemented in full.
Reason: In the interest of environmental protection.
23.
a) Prior to commencement of development, or as otherwise agreed in writing with the Planning
Authority, details of information signage at all access and angling points within the site area shall
be submitted, for agreement, to the Planning Authority.
b) No other signs, flags, logos or other advertising material (or illumination) shall be erected on -site,
along the site boundary and/or at the roadside, unless exempt under the Planning Development
Regulations 2001 (as amended), or Full Planning Permission for same is obtained.
c) Construction shall be in full accordance with such details as have been approved in writing by the
Planning Authority under part (a) of this condition.
Reason: In the interest of visual amenity and to ensure a satisfactory standard of development.
24.
No construction activities shall take place at the site outside the hours of 07.30 to 18:00 Monday to
Friday, 07:30 to 14:00 on Saturdays or at any time on a Sunday or public holiday, unless otherwise agreed
in writing by the planning authority.
Reason: In the interest of residential amenity.
25.
The development shall be carried out in accordance with details as submitted to the Planning Authority
on the 27th November 2025, as amended by details as submitted to the Planning Authority on the 091h
April 2026, except as may be necessary in order to comply with the above conditions.
Reason: To secure a satisfactory standard of development.
Cathal Flynn
Director Of Services
Date
PLANNING AND DEVELOPMENT
File Ref: 25/60474
RE: Assessment of the submitted Environmental Impact Assessment Report (EIAR).
Having reviewed the details as contained within the submitted application and the related Environmental Impact
Assessment Report (EIAR), and the assessment of same as carried out by the assigned Planner, I consider the
Planning Authority to have fully considered the proposed development and I accept the conclusions as reached in
respect of this proposed development.
In this regard, I therefore consider it appropriate to grant permission for the proposed development, subject to
conditions as recommended in the attached report.
Cathal Flynn
Director of Services
Date: 3--J uiu G26
38