HomeMy WebLinkAbout2560309 - Chief Executives OrderMONAGHAN COUNTY COUNCIL
PLANNING AND DEVELOPMENT ACT 2000 (as amended)
Chief Executive's Order No: P756-26
Reference Number: 25/60309
Name of Applicant: Gallinagh Poultry Farms Ltd
Address: Kieran O'Reilly
Monaghan Road
Castleblayney
Co. Monaghan
A75 EP84
Nature of Application: Planning permission for the mulling of lands with imported inactive or inert
waste (app. 6220m3) to a maximum depth of 2.4m over 0.80Ha, accessed off
existing entrance, finished with topsoil and grassed over on completion,
together with all ancillary & associated site works
Location of Development: Newgrove Monaghan Co. Monaghan
ORf)FR:
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
2-i c i . ?�
DATE
25/60309 Gallinagh Poultry Farms Ltd, Newgrove, Monaghan, Co. Monaghan
1.
Objective SSO 22 of the Monaghan County Development Plan 2025-2031 seeks "To apply the
precautionary principle in relation to development on lands identified as being at risk of
flooding and to restrict development to uses that are compatible to the level of flood risk
unless supported by a site -specific flood risk assessment and development management
justification test". Policy FRP 1 states "Proposals for developments shall comply with Section
15.22.8 of the Monaghan County Development Plan 2025-2031". Section 15.22.8 states
"Monaghan County Council will restrict development in areas susceptible to flooding except
where:
a) The proposed development can be justified on strategic grounds.
b) The proposed development has addressed the flooding concerns which exist.
c) The flood risk can be managed to an acceptable degree and without increasing
flood risk beyond the site itself.
d) Appropriate and detailed mitigation measures can be implemented to
remove/minimise flood effects.
The proposal has failed to adequately demonstrate how the potential for flooding from
prolonged rainfall events can be managed to an acceptable degree and without increasing
flood risk beyond the site itself, and as a result there is a risk that increased water levels would
ultimately occur on third party lands as a direct consequence of the infilling of the site area.
Consequently, to permit the development as proposed would be contrary to Objective SSO 22
and Policy FRP 1 of the Monaghan County Development Plan 2025-2031 and thus would be
contrary to the proper planning and sustainable development of the area.
01
Policy ILP 1 seeks to ensure that `Development proposals for infilling of lands shall comply with
Section 15.32 of the Monaghan County Development Plan 2025-2031, and that development
proposals for the infilling of lands with inert construction and demolition waste 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 ground waters, or upon areas which are at risk of
flooding. Proposals for the prevention and mitigation of any perceived impacts shall satisfy the
targets of any Waterbody and Catchment Management Plans developed by Group Water
Schemes. Proposals for infilling of lands at risk of flooding will be required to be accompanied
by a site -specific Flood Risk Assessment in accordance with Section 15.22.8 of Chapter 15 of
this Development Plan.
The proposal has failed to adequately demonstrate how the proposed fill materials will be
accepted, stored or utilised, or to determine the total volume of both types of material to be
accepted, and therefore, the proposal has not demonstrated that the there will be no adverse
impact upon surface and ground waters, or upon areas that are at risk of flooding.
Consequently, to permit the development as proposed would be contrary to Policy ILP 1 of the
Monaghan County Development Plan 2025-2031 and thus would be contrary to the proper
planning and sustainable development of the area.
Adrian Hughes
Senior Planner
Date