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HomeMy WebLinkAbout2557 - Planners ReportMONAGHAN COUNTY COUNCIL PLANNING AND DEVELOPMENT REPORT File Ref: 2557 Applicant: Padraig Sherry. Development: permission to extend existing poultry unit, erect a new manure store, connect to storage tanks, reposition meal bins, open new entrance on to public road and all associated site works. Location: Agheracalkill, Scotstown, Co. Monaghan. 1.0 Date of Site Inspection 08/08/2025 1.1 Site Notice & Photos Site notice in place. 2.0 Characteristics of Site/Area • 0.47Ha site. • Existing farmyard comprising of several agricultural buildings. • Site is accessed from Local Secondary Road (L-6040). • Ground levels fall very gently from the roadside, and are generally flat within application site. • Agricultural fields surrounding the site. 3.0 Relevant Site History 11/226: erect an extension to side of existing egg store consisting of changing and administrative areas. Granted 2011. 11/91: increase size of egg store to that granted in planning permission 10/148. Granted 2011. 10/148: Permission to demolish existing poultry unit and slatted cattle shed and erect a new poultry unit and store adjacent to existing farm buildings. Granted 2010. 07/2381: erect 2 no. silo pits, new cubicle house with slatted tanks, re-roof & re-furbish existing cubicle house, machinery shed and open fronted slatted shed adjacent to existing farm buildings at Agheracakill, Scotstown. Granted 2008. 4.0 Consultee/Referral Responses Environment Section: Report dated: 26/08/25. Additional information requested. MD: Report dated: 15/08/25. No objections subject to conditions. Fire: Report dated: 11/08/25. Comments noted 5.0 Objections/Representations Received No objections or representations received. 6.0 Pre-planning Meetings None, as indicated on the submitted application form. 7.0 Planning Assessment 7.1 Proposed Development This is an application for Permission: permission to extend existing poultry unit (by approx. 234sq.m.), erect a new manure store (approx. 367sq.m.), connect to storage tanks, reposition meal bins, open new entrance on to public road and all associated site works. 7.2 Development Plan Policy/Ministerial Guidelines Monaghan County Development Plan 2025-2031 • Section 6.7 Natura 2000 Sites and Appropriate Assessment • Section 15.13 Agricultural Development • Section 15.23 Road Access Standards 7.3 Assessment The proposal will be considered against the following policies and objectives contained in the Monaghan County Development Plan 2025-2031; Appropriate Assessment Under Article 6(3) of the EU Habitats Directive and Regulation 30 of SI no. 94/1997 “European Communities (Natural Habitats) Regulations” (1997) any plan or project which has the potential to significantly impact upon the integrity of a Natura 2000 site (i.e. an SAC or SPA) must be subject to an Appropriate Assessment. This requirement is also detailed under Section 177(U) of the Planning and Development Acts (2000-2010). The site is located four kilometres from Sliabh Beagh SPA Natura 2000 site and is located close to the River Blackwater, a tributary of Lough Neagh SPA. Given that the site is located within ten kilometres of a Natura 2000 site and close to a pathway connector of another SPA, the applicant is required to demonstrate that the proposed development will not have any adverse impact upon the qualifying interest for this Natura 2000 site. Having regard to the context and the development as proposed, and the activities associated with the development proposal both during and post construction works, it may be necessary for an Appropriate Assessment to be carried out in relation to this development. The site is not in close proximity to any other Natura 2000 site either in Republic of Ireland or Northern Ireland. The following policies contained within the Monaghan County Development Plan 2025-2031 are considered relevant in this regard:- Heritage, Conservation and Landscape Policies HCLP 4 Any plan or project in the Plan area not directly connected with or necessary to the management of a Natura 2000 site but likely to have a significant effect on a Natura 2000 site(s), either individually or in-combination with other plans or projects, shall be subject to Appropriate Assessment, in view of the site’s conservation objectives; in accordance with Article 6(3) and Article 6(4) of the Habitats Directives (92/43/EEC), transposing national legislation, and applicable European and national guidelines. HCLP 5 Monaghan County Council shall complete Appropriate Assessment, where required as a Competent Authority, in accordance with Article 6 of the Habitats Directive; and shall only grant consent for developments projects after having ascertained that such projects will not adversely affect the integrity of any Natura 2000 site. HCLP 6 Protect, conserve and enhance natural heritage, insofar as practicable having regard to the remit of the Council; including Natura 2000 sites (SPAs and SACs), proposed Natura Heritage Areas (pNHAs), other designated sites, and non-designated areas of high nature conservation value known as locally important areas which also serve as ‘Stepping Stones’ for the purposes of Article 10 of the Habitats Directive, improving the ecological coherence of Natura 2000 sites. HCLP 8 Any plan or project which is likely to impact on the conservation objectives of a Natura 2000 site shall be screened for Appropriate Assessment (AA) and where pertinent, a Stage 2 Appropriate Assessment (Natura Impact Statement) shall be undertaken in order to make a determination. Natura 2000 sites outside the County and located within 15km of the proposed development site should also be screened for Appropriate Assessment. A Natura Impact Statement shall incorporate a written statement which sets out mitigation measures to prevent the risk of invasive species onto a Natura 2000 site. HCLP 10 The effects of agriculture related air pollution on habitats and species shall be considered by the Planning Authority when deciding on planning applications for significantly scaled agriculture development proposals. Where necessary, Applicants shall be asked to provide appropriate supporting air dispersion modelling and ecological assessment - completed in accordance with relevant guidelines - confirming proposals will not generate adverse effects on protected species or designated sites in Ireland or Northern Ireland. Policy HCLP 10 is of particular relevance to this proposed development. It is assumed that the proposed extension will facilitate an increase in bird numbers, thereby increasing the ammonia emissions from the site. As this increase in emissions is likely to have a significantly impact upon the integrity of a Natura 2000 site, this would necessitate the application to be accompanied by an Appropriate Assessment. Environmental Impact Assessment It is noted that the existing poultry unit has an existing stocking rate of 39,900 birds and so is quite close to the threshold for a mandatory Environmental Impact Assessment (EIA). It is assumed that the proposed extension will facilitate an increase in bird numbers and so this would necessitate the application to be accompanied by an EIA Report and the description of the development amended to make reference to the fact that it is being accompanied by an EIAR. Proposed Site Layout Plan Proposed Plans and Elevations Policies for Agricultural Development The importance of agriculture is County Monaghan is recognised. • All planning applications shall be required to include an ‘Agricultural Development’ Form. • All planning applications shall be required to be accompanied by a completed supplementary planning application form for agricultural developments. • The onus is on the Applicant to demonstrate Compliance with Policy AGP1 of MCDP 2025-2031. Requirements for Agricultural Development Section 15.13.1 Proposals for agricultural development on new and established agricultural holdings shall comply with the following: a) It is demonstrated that the development is necessary for the running of the agricultural enterprise. A Supplementary Planning Application Form For Agricultural Development is submitted to accompany the development. No increase in bird numbers is indicated although this shall be clarified in request for further information. b) It is located within or adjacent to existing agricultural buildings, unless it has been clearly demonstrated that the development must be located elsewhere for essential operational or other reasons. The buildings would be sited within an established farm yard complex and would not be isolated or prominent. c) The appearance, design, scale and materials are appropriate to its location and sympathetic to the locality and adjacent buildings. The buildings would have a typical design / appearance and as they would be sited within an established farm yard complex. d) The proposal visually integrates into the local landscape and additional landscaping is provided where necessary. The site is not elevated or prominent. As noted, the buildings would have a typical design / appearance and would be sited within an established farm yard complex. e) The proposal will not have an adverse impact on the natural or built heritage. There are no concerns in this regard. f) The proposal will not result in a detrimental impact on the amenity of residential dwellings (for example, noise, smell and pollution impacts) outside of the holding. Although the proposed buildings would be no closer to the nearest dwelling than other existing agri. Buildings, it is assumed that the proposed development is to facilitate an increase in bird numbers and thus may have an impact upon the amenity of residential dwellings (for example, noise, smell and pollution impacts) outside of the holding. g) Where a development is proposed within 100m of any residential property not located on the holding within the rural area (i.e. outside of a designated settlement) written consent from the adjoining property owner stating there is no objection to the proposal and witnessed by a Solicitor or a Peace Commissioner must be provided. The new buildings would be more than 100m from nearest residential dwelling to the east. There are already a significant number of agricultural buildings adjacent this dwelling and closer to it than the buildings proposed. h) The proposal will not result in a pollution threat to sources of potable water, water courses, aquifers, or ground water. There are no water courses nearby. i) Proper provision for disposal of liquid and solid waste is provided. The Environment Section have requested additional information in this regard. j) Adequate machinery parking and circulation areas are provided. There is no concern in this regard. k) Where a new access is proposed and/or where there is an intensification of use of an existing access, sight visibility splays shall comply with Table 15.4 Minimum Visibility Standards of Section 15.27 of the Development Plan. A new entrance is proposed to which the MD has no objection. However, clarification is required that the visibility splays are located within the applicant’s control. Access A new entrance is proposed. The MD has no objections. However, clarification is required that the visibility splays are located within the applicant’s control. Conclusion Additional Information: • Environment information. Recommendation It is recommended that ADDITIONAL INFORMATION be requested as follows: 1. Please submit the following information: A. A fully completed agricultural application form. B. The proposed number of birds to be housed on site before and after the proposed development. C. A signed letter from a registered contractor for the collection of all poultry manure arising from the development or details on the outlet for all poultry manure arising from this facility. Details shall be sufficient to demonstrate compliance with the European Union (Good Agricultural Practice for Protection of Waters) Regulations, 2022 as amended. D. A detailed assessment to demonstrate how it is proposed to provide 26-week storage capacity for hen manure and associated seepage in accordance with the requirements of the with the European Union (Good Agricultural Practice for Protection of Waters) Regulations, 2022 as amended. E. Details on the volume of wash waters produced per annum (m3) F. Details on how it is proposed to collect and store all wash waters from the poultry unit and the manure storage on site during wash out operations in accordance with the requirements of the European Union (Good Agricultural Practice for the Protection of Waters) Regulations, 2022. Confirm the dimensions of the existing and proposed wash water tanks. G. Submit an up-to-date Nutrient Management Plan Assessment demonstrating how it is proposed to utilise wash waters arising from the proposed development in accordance with the European Union (Good Agricultural Practice for Protection of Waters) Regulations, 2022 as amended H. A revised site layout plan (1:500) clearly showing the following: a. All existing and proposed surface/storm water drainage systems (outlined in blue). b. All associated surface/ storm discharge points and outfalls. c. The directional flow of all surface water pipelines. d. The location of sustainable urban drainage measures to be installed on the storm water drainage system. e. The wash water / manure seepage drainage system (in red) to include the following: (i) the discharge route for washings from the poultry unit (ii) seepage from the manure store to tank I. Details/specification of the sustainable urban drainage measures to be installed on the storm water system. J. Submit details on the outlet for dead birds arising from the proposed development. K. Details of the atmospheric emissions from the existing units (kgN/yr) and the proposed atmospheric emissions from the proposed development (kgN/yr). 2. Under Article 6(3) of the EU Habitats Directive and Regulation 30 of SI no. 94/1997 “European Communities (Natural Habitats) Regulations” (1997) any plan or project which has the potential to significantly impact on the integrity of a Natura 2000 site (i.e. an SAC or SPA) must be subject to an Appropriate Assessment. This requirement is also detailed under Section 177(U) of the Planning and Development Acts (2000-2010). Policy HCLP 5 of the Monaghan County Development Plan 2025-2031 states “Monaghan County Council shall complete Appropriate Assessment, where required as a Competent Authority, in accordance with Article 6 of the Habitats Directive; and shall only grant consent for developments projects after having ascertained that such projects will not adversely affect the integrity of any Natura 2000 site”. Furthermore, Policy HCLP 10 of the Development Plan states “The effects of agriculture related air pollution on habitats and species shall be considered by the Planning Authority when deciding on planning applications for significantly scaled agriculture development proposals. Where necessary, Applicants shall be asked to provide appropriate supporting air dispersion modelling and ecological assessment - completed in accordance with relevant guidelines - confirming proposals will not generate adverse effects on protected species or designated sites in Ireland or Northern Ireland.” The site of the proposed development is located four kilometres from Sliabh Beagh SPA Natura 2000 site and is located close to the River Blackwater, a tributary of Lough Neagh SPA. It is assumed that the proposed extension will facilitate an increase in bird numbers, thereby increasing the ammonia emissions from the site. As this increase in emissions is likely to have a significant impact upon the integrity of a Natura 2000 site, and having regard to the context and the development as proposed, and the activities associated with the development proposal both during and post construction works, it will be necessary for an Appropriate Assessment to be carried out in relation to this development. Consequently, the applicant is required to submit an assessment to demonstrate to the satisfaction of the planning authority that the proposed development will not have any adverse impact upon the qualifying interest for this Natura 2000 site. If an increase in bird numbers is not proposed then the applicant is required to demonstrate the rationale for the extension. 3. It is noted that the existing poultry unit has an existing stocking rate of 39,900 birds and is close to the 40,000 birds threshold for a mandatory Environmental Impact Assessment (EIA). It is assumed that the proposed extension will facilitate an increase in bird numbers and so this would necessitate the application to be accompanied by an EIA Report. The applicant is required to submit an EIA Report (EIAR) and to amend the description of the development to make reference to the fact that it is being accompanied by an EIAR. This is deemed to be significant additional information and will necessitate the publication of revised newspaper notice and site notice stating same in accordance with Article 35 of the Planning and Development Regulations 2001 (as amended). If an increase in bird numbers is not proposed then the applicant is required to demonstrate the rationale for the extension. 4. Although the submitted plans indicate that a new access is proposed, no details of same have been indicated on the submitted plans. In addition, no details of how delivery vehicles visiting the site will be able to turn within the site to enable them to enter and exit the new access in forward gear. Submit a revised site layout indicating:- a. turning area for largest vehicle visiting the site b. entrance bell mouth of 10 metres c. details of surface water drainage. 5. It is noted that the required visibility splays encroach on lands outside the red outline of the site. Submit details of ownership of these lands, and if the lands are in third party ownership submit legal agreements with relevant landowners which are witnessed by a solicitor agreeing to the provision and maintenance of the required visibility splays. 6. It is noted that the front elevations and rear elevations differ on the plans of existing and proposed buildings. Submit revised plans to address this anomaly. Darragh Mc Adam Executive Planner 01st September 2025 ___________________________________________ Further information was received on the 27th May 2026. The response to the FI points are summarised below: FI Point 1: A fully completed agricultural application form has been submitted. The Environment Section are conditionally satisfied. FI Point 2: It is submitted that bird numbers will remain unchanged. An Appropriate Assessment Screening Report has been provided. FI Point 3: It is submitted that bird numbers will remain unchanged. The extension is proposed to facilitate replacement of the existing ‘Enriched’ caged system to a ‘Barn’ housing system to comply with welfare requirements and customer demands. FI Point 4: Revised plans have been received providing for a HGV turning area. FI Point 5: It is confirmed that required visibility splays are within applicant’s land ownership (land on either side of the poultry unit are within lands edged blue on the site location plan). FI Point 6: Revised plans have been received. Conclusion The proposal is considered to comply with the relevant provisions of the Monaghan County Development Plan 2025- 2031. Approval is recommended, subject to the conditions detailed below. Recommendation That Permission is GRANTED subject to the following conditions: 1. a) The developer shall pay to Monaghan County Council a sum of €468.00 in accordance with the General Development Contribution Scheme 2021-2026, 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) The development/facility hereby approved shall be operated in accordance with the European Union (Good Agricultural Practice for Protection of Waters) Regulations, 2022 as amended. b) All buildings shall be designed and built in accordance with Department of Agriculture, Food & the Marine specifications. c) contaminated surface water run-off shall be disposed of directly in a sealed system. all soiled waters shall be directed to a storage tank. no effluent or slurry shall discharge or be allowed to discharge to any stream, river, watercourse, groundwater body or to the public road. 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 soak pits and shall not discharge or be allowed to discharge to the foul effluent drains, foul effluent or slurry storage tanks or to the public road. e) All organic fertiliser generated by the development hereby approved [and existing development within the farmyard] shall be conveyed through properly constructed channels to the proposed [and existing] storage facilities and shall not discharge or be allowed to discharge to any stream, river, watercourse, groundwater body or public road. f) All organic fertiliser generated by the proposed development shall be utilised in accordance with the details submitted to the Planning Authority and in accordance with the European Union (Good Agricultural Practice for Protection of Waters) Regulations 2025 as amended. g) Organic fertiliser shall be taken offsite by the contractor/haulier as stated in the planning application. This contractor must be registered with the Department of Agriculture Food and Marine, and the organic fertiliser shall be utilised in accordance with the requirements of the European Union (Good Agricultural Practice for Protection of Waters) Regulations 2025. Any changes in contractor shall be agreed in writing with the Planning Authority. h) There shall be no increase in poultry numbers. i) 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 j) 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. k) All hazardous liquid waste or oil/fuel storage containers, temporary or otherwise, shall be bunded. (ii) All bunds will be designed to contain 110 % of the capacity of the largest storage container located within the bund. (iii) 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 l) 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. m) The applicant shall immediately inform the Planning Authority & Inland Fisheries Board 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. n) 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 produced by Inland Fisheries Ireland titled “Requirements for the Protection of Fisheries Habitat during Construction and Development Works at River Sites”. This document is available to download at https://www.fisheriesireland.ie/documents/624-guidelines-on-protection-of-fisheries-during-construction-works-in- and-adjacent-to-waters/file.html (Guidance). o) Prior to the commencement of development, the applicant shall submit a Construction and Environmental Management Plan (CEMP) for agreement. This plan shall be sufficient to demonstrate that adequate measures will be in place for the construction phase to ensure there is no discharge of polluting matter/sediment laden waters to any waters. The Construction and Environmental Management Plan shall take account of best practice and the guidance produced by Inland Fisheries Ireland titled “Guidelines on Protection of Fisheries during Construction Works in and Adjacent to Waters 2016”. The CEMP shall include the location details of the monitoring points where daily visual checks and weekly surface water monitoring (physical& chemical parameters) shall be carried out. The applicant shall ensure that mitigation measures outlined in the CEMP are implemented and that adequate measures are in place for any construction phase to ensure there is no discharge of polluting matter/sediment laden waters to any watercourse Reason: In the interest of environmental protection and public health. 3. a) Prior to any other works commencing, 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) 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. d) The new entrance shall form a bellmouth of 4m radius with edge of new boundary. Recessed entrance shall be of sufficient dimensions to contain a stationary vehicle off the public road. Entrance gates shall open inwards only. e) Entrance/access road shall be surfaced with concrete or bitmac from edge of public road for a minimum of 5m and the surface shall be graded back so that its level at 3m from the edge of the carriageway is a minimum of 100mm below road level. Gradient of access road shall be not greater than 1:20 (5%) for the first 5m from boundary and 1:10 (10%) thereafter. f) French drain consisting of 300mm diameter concrete pipes backfilled to ground level with suitable granular filter material shall be placed along full site frontage. Drain shall discharge to the nearest appropriate watercourse or drainage pipeline. Suitable gullies shall be placed at start, end and intersection of other drains and at not greater than 40m intervals. 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 interest of traffic/road safety. 4. The extension shall match the existing shed in terms of external materials and appearance. Reason: In the interest of visual amenity. 5. The development shall be carried out in accordance with plans and documentation submitted on 23/07/2025, as amended by additional information on 27/05/2026, except as may otherwise be required in order to comply with the above conditions. Reason: In the interest of orderly development and to prevent unauthorised development. Darragh Mc Adam Executive Planner 09th June 2026 12 Development Contributions Calculations Category Dev Type Rate Floor Area / Number Calculation Contributions Due (€) 3. Comm, Rec & Amenity… (g) The provision of buildings or other structures for the purposes of agriculture (including canopies/overhanging roofs but excluding any open yards or concrete areas/aprons) Up to 300 m² (3229 sq ft) footprint Exempt Over 300 m² footprint €630 plus €2 per m² over 300 m² Extensions €2 per m² of footprint Proposed Floor Area: C. 234sqm 300sqm exemption not applicable (used up in previous permissions). 234sqm x €2 = €468 €468 Contributions Due (€) €468 Exemptions / Reductions under Part 18 of Development Contribution Scheme (if applicable) Category (a) – (m) Dev Type % Reduction Calculations Exemption / Reduction (€) N/A Total Amount Due Contributions Due – Discount Total Due (€) €468 Checked / Date AP / EP AO SEP DMcA 09/06/2026 S. Finnegan 09/06/2026 13