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Home My WebLink About2557 - Chief Executives OrderMONAGHAN COUNTY COUNCIL PLANNING AND DEVELOPMENT ACT 2000 (as amended) Chief Executive's Order No: P574-26 Reference Number: 25/57 Name of Applicant: Padraig Sherry Address: Agheracalkill Scotstown Co. Monaghan Nature of Application: 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, Significant further Information received relates to submitted, amended drawings, Business letters for removing animal products, Environmental planners report Location of Development: Agheracalkill Scotstown 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 5 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. Adrian Hughes SENIOR PLANNER Date 25/57 Padraig Sherry, Agheracalkill, Scotstown, Co. Monaghan. 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 I) 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. e3 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. Adrian Hughes Senior Planner 12 - Date