HomeMy WebLinkAbout2660266 - Chief Executives OrderMONAGHAN COUNTY COUNCIL
PLANNING AND DEVELOPMENT ACT 2000 (as amended)
Chief Executive's Order No: P820-26
Reference Number: 26/60266
Name of Applicant: Patrick Kierans
Address: NIALL MCCARRON
Davagh Etra
Emyvale
Co Monaghan
H18H290
Nature of Application: Permission to erect a slatted shed with solid lie back area, a new lane
and entrance onto the public road
Location of Development: Drumsheeny & Togan
Threemilehouse
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 10 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
14 •yg- �
Date
26/60266 Patrick Kierans, Drumsheeny & Togan, Threemilehouse, Co Monaghan
a) Prior to the commencement of development, the applicant shall submit to the
Planning Authority a revised site drainage plan which clearly outlines all foul lines (in
red), storm lines (in blue) and the location of all associated outfall points with
particular attention paid to the/any concrete apron surrounding the proposed shed.
This plan should clearly demonstrate all provisions for the collection of soiled waters,
run-off/seepage and effluent generated within the farmyard. Reference should be
given to the statutory requirements outlined within Part 2 of the EU (Good
Agricultural Practice for Protection of Waters) Regulations 2025.
b) No development shall commence until the information required under a) above has
been agreed in writing with the Planning Authority.
Reason: In the interest of environmental protection.
2. a) Prior to the commencement of the development, the applicant shall submit to the
Planning Authority a Construction and Demolition Resource Management Plan for the
proposed development works for agreement in writing. The plan shall be prepared
using 'Best Practice Guidelines for the preparation of resource & waste management
plans for construction and demolition projects' (EPA, 2021).
b) No development shall commence until the information required under a) above has
been agreed in writing with the Planning Authority.
c) All works shall be carried out in accordance with the agreed Construction and
Demolition Resource Management Plan.
Reason: In the interest of environmental protection.
3. a) Prior to the commencement of the development, the applicant shall submit to the
Planning Authority a Construction & Environmental Management Plan (CEMP) for the
proposed development works for agreement in writing.
b) No development shall commence until the information required under a) above has
been agreed in writing with the Planning Authority.
c) All works shall be carried out in accordance with the agreed Construction &
Environmental Management Plan
Reason: In the interest of environmental protection.
4. a) The development/facility shall be operated in accordance with the European Union
(Good Agricultural Practice for Protection of Waters) Regulations 2025.
b) The development hereby approved will comply with the following drainage
arrangements;
(i) Contaminated surface water run-off shall be disposed of directly in a sealed
system.
(ii) All soiled waters shall be directed to a storage tank.
(iii) No effluent, slurry or soiled water shall discharge or be allowed to discharge to
any stream, river, watercourse, groundwater body or to the public road.
(iv) 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 soakpits and shall not discharge or be allowed to
discharge to the foul effluent drains, foul effluent and slurry storage tanks or
to the public road
c) All organic fertiliser generated by the development hereby approved shall be
conveyed through properly constructed channels to the proposed storage facilities
and shall not discharge or be allowed to discharge to any stream, river, watercourse,
groundwater body or public road. 22 weeks storage capacity for organic fertiliser must
be provided to serve the enterprise.
d) 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.
e) 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.
f) 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 obtained from
Monaghan County Council under the Waste Management (Facility Permit and
Registration) Regulations 2007 as amended prior to acceptance of material.
or
(iii) If buying topsoil material as a product for final landscaping purposes only,
documentation demonstrating purchase shall be submitted to Planning
Authority.
g) 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.
(i) 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.
(iv) 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.
h) 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.
i) 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).
Reason: In the interest of environmental protection and public health.
5. a) Prior to any other works commencing, visibility splays of 70 metres, measured to the
nearside road edge in each direction, shall be provided from a point in the centre of
the entrance 2.4 metres from the road edge at a height of 1.05 metre to 2.0 metres
above ground level to an object height of 1.05 metres to 2.0 metres above ground
level in both directions. The visibility splays shall be retained and kept clear 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. It is recommended that any new trees or shrubs are planted back from
the visibility splays to allow for future growth and some species will require additional
set back. All existing planting must 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 4.0 metres 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 5 metres and the surface shall be graded back so that its level
at 3.0 metres from the edge of the carriageway is a minimum of 100 mm below road
level. Gradient of access road shall be not greater than 1:20 (5.0%) for the first 5
metres from boundary and 1:10 (10.0%) thereafter.
f) Cattlegrid/ACO Drain/Gullies shall be installed at proposed entrance to the public road
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.
g) Provision shall be made within the site for surface water drainage and no surface
water to 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 to remain unimpeded.
h) 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.
i) 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.
6. There shall be no increase in the number of livestock being accommodated at this site unless
otherwise agreed with in writing by the Planning Authority and in accordance with an
approved Nutrient Management Plan.
Reason: In the interest of orderly development.
7. All sheds, slatted units, dairy parlours, silage pits and manure storage areas shall be designed
and built in accordance with Department of Agriculture, Food & the Marine specifications.
Reason: In the interest of orderly development.
8.
a) Roofing material shall be dark green, dark grey, dark blue or black in colour unless
otherwise agreed in writing.
b) No unpainted metal sheeting shall be used for roofing or on the external finish of the
structure
Reason: In the interest of visual amenity
9. a) Ground levels and finished floor levels shall be as detailed on plans submitted to
Planning Authority on 29/06/2026.
b) Any facilitating cut and/or fill shall be graded to a natural contour to reflect the
existing topography of the area.
Reason: In the interests of orderly development
10. The development shall be carried out in accordance with plans and documentation submitted
on 29/06/2026, except as may otherwise be required in order to comply with the above
conditions.
Reason: In the interest of orderly development
Adrian Hughes Date
Senior Planner