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HomeMy WebLinkAbout2660 - Planners ReportPLANNING APPLICATION CONTROL FORM Application Reference No.: 26/60 Decision due by 25/08/2026 Previous Ref. Nos.: 17221 2577 Date of Receipt of Application: 01/07/2026 Applicant : Brendan Fitzpatrick Address: Anny Latton Castleblayney Co Monaghan Location of Development: Anny (Cremorne By) Latton Castleblayney Description : permission to erect a new cattle shed, silo pit, re roof existing shed, re position silo pit, new handling yard with slatted tank, add additional dry covered store, cover additional yard area, insert new oil separator tank and exit on to public road by existing entrance and all associated works VALIDATION Validated by: SITE NOTICE Date of Validation: Was Notice published on site Yes 1 I No 0 Inspected by: Date of Inspection: Refer file for reports to: Ballybay/Clones (LEAD) M Q Heritage Officer 10 E.H.O. S.E.E. Roads Uisce Eireann S.E.E. Environment TII S.E. Planner DHLG&H Housing An Taisce Fire Officer/Building N2 - Roisin Moore Control I.F.I. Build Heritage Flooding Section Estate Naming OPW PKs6-a6 MONAGHAN COUNTY COUNCIL PLANNING AND DEVELOPMENT REPORT File Ref: 26/60 Applicant: Brendan Fitzpatrick Development: Permission to erect a new cattle shed, silo pit, re roof existing shed, re position silo pit, new handling yard with slatted tank, add additional dry covered store, cover additional yard area, insert new oil separator tank and exit on to public road by existing entrance and all associated works Location: Anny (Cremorne By) Latton Castleblayney Co. Monaghan Characteristics of the site/area. A 1.18 hectare site including an established farm complex, located approximately 2.3 km's southwest of Rockcorry. Farm buildings are accessed off the adjoining regional road via an established access. Dromore Lakes proposed Natural Heritage Area (pNHA) surrounds the site including Anny Lough which is located within 55 metres to the south. Aerial view of site and surroundings Road side view of site. Relevant Site History 25/77: Permission to erect a new cattle shed, silo pit, reroof existing shed, reposition silo pit, new handling yard with slatted tank and exit on to public road by new existing entrance and all associated works. Refused for the following reasons; 1. Policy WPP1 of the Monaghan County Development Plan 2025-2031 states that "Proposals for developments shall comply with Section 15.22.6 of the Monaghan County Development Plan 2025- 2031." Section 15.22.6 states that 'Development proposals shall not be permitted where it would have an unacceptable impact on the water environment, including surface water and groundwater quality and quantity, river corridors and associated wetlands'. The applicant has failed to demonstrate to the satisfaction of the Planning Authority that the proposal will not have an unacceptable impact on the water environment, including in particular surface water and groundwater quality. Consequently, to permit the development as proposed would be contrary to Policy WPP1 of the Monaghan County Development Plan 2025-2031, and thus would be contrary to the proper planning and sustainable development of the area. 2. Policy HCLP 7 of the Monaghan County Development Plan 2025-2031 seeks to "Prevent the carrying out of development that would destroy or significantly alter, damage or interfere with the integrity of a pNHA/NHA, or any of its species, communities, habitats; landforms or geological or geomorphological features; or on its diversity of natural attributes." The proposed development is located within 50 metres of Dromore Lakes, a Proposed National Heritage Area (pNHA), and the applicant has failed to demonstrate to the satisfaction of the planning authority that it will not damage or interfere with the integrity of this pNHA, or any of its species, communities, habitats; landforms or geological or geomorphological features; or on its diversity of natural attributes. Consequently, to permit the development as proposed would be contrary to Policy HCLP 7 of the Monaghan County Development Plan 2025-2031, and thus would be contrary to the proper planning and sustainable development of the area. 17/221: Permission to erect a silo pit adjacent to existing farm buildings, re roof existing slatted house, roof over existing silo pit, exit onto public road by way of existing entrance. Grant. 06/1418: Erect a slatted cubicle shed, cattle handling facilities, calving pens and a loose bedded shed on this site. Grant Consultee Responses Environment Section: No objections, subject to conditions. Roads Section/MD Road Engineer: No objections, subject to conditions. An Taisce: Comments noted. Objections/Representations Received None received. Pre -planning None, as indicated. Appropriate Assessment Policy HCLP 1 of 6.7 Natura 2000 Sites and Appropriate Assessment (AA) 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 HCLP1 of MCDP 2025-2031 states: "No projects giving rise to significant cumulative, direct, indirect or secondary impacts on Natura 2000 sites arising from their size or scale, land take, proximity, resource requirements, emissions (disposal to land, water or air), transportation requirements, duration of construction, operation, decommissioning or from any other effects shall be permitted on the basis of this plan (either individually or in combination with other plans or projects6)". The site is not located within 15km of any SPA or SAC. It is considered that by virtue of the nature of the proposed development and the distance of the site from both Natura 2000 sites, there will not be any significant effects on the integrity of the SAC. In addition, there are no watercourses in the immediate proximity to the application site and no known significant pathway connectors with the Natura 2000 network. It is the opinion of the planning authority therefore, that given the cumulative effects of both the proposed development and any other plan or project, the development is not of a nature or scale to have any significant effects on the integrity of the Natura 2000 network and therefore a Stage 2 Appropriate Assessment is not required. Planning Assessment Permission is sought for; • erection of a new cattle shed, • silo pit, • re roof existing shed, • re -position silo pit, • new handling yard with slatted tank, • add additional dry covered store, • cover additional yard area, • insert new oil separator tank and exit on to public road by existing entrance and all associated works. Section 15.13 Agricultural Development This section requires all planning applications for agricultural development to be accompanied by a completed Supplementary Planning Application Form for Agricultural Developments (Appendix 7). It is noted that the applicant has complied with same. 15.13.1 General Requirements for Agricultural Development This section of the Plan requires proposals for agricultural development on new and established agricultural holdings to demonstrate compliance with 11 criteria in total, listed (a) to (j). The application has been assessed having regard to same, as follows; a) It is demonstrated that the development is necessary for the running of the agricultural enterprise. The development will facilitate existing farm operations. 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 development is located within an established farm complex near existing farm buildings. c) The appearance, design, scale and materials are appropriate to its location and sympathetic to the locality and adjacent buildings. The appearance, character and scale of the proposal are appropriate for this established site. d) The proposal visually integrates into the local landscape and additional landscaping is provided where necessary. The proposal visually integrates into the local landscape. e) The proposal will not have an adverse impact on the natural or built heritage. Dromore Lakes proposed Natural Heritage Area (pNHA) is located within 55 metres to the south off the site. It is described as 'A group of ten main inter -drumlin lakes plus several smaller areas of water stretching along the River Dromore between Cootehill and Ballybay. Nice areas of wet woodland and reed swamp. Important wintering wildfowl population, including Whooper Swans, Great Crested Grebe and Lapwings'. Having regard to the comments received from Environment Section, including suggested conditions, the Planning Authority is satisfied that the proposal will not have an unacceptable impact on the Dromore Lakes pNHA, or the wider water environment. 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. It is not anticipated that the proposal will result in a detrimental impact on the amenity of residential dwellings outside of the farm 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. There is a third -party dwelling, owned by the applicant's brother Eugene Fitzpatrick, within 100 metres of the development proposed. The following points, however, are noted; • The aforementioned dwelling is within the application site red line boundary. • a letter of consent to make the application has been received from Eugene Fitzpartick (dwelling owner) has been provided with the application. • The proposed development is no closer to the third -party dwelling than existing farm buildings within the same farm complex. This is consistent with previous approach of the Planning Authority as supported by the ABP (see planning reference 07/1110 and associated ABP decision PL 18.226488). h) The proposal will not result in a pollution threat to sources of potable water, water courses, aquifers, or ground water. Environment Section have no objections, subject to conditions. i) Proper provision for disposal of liquid and solid waste is provided. Environment Section have no objections, subject to conditions. j) Adequate machinery parking and circulation areas are provided. No concerns 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. An existing established entrance is to be used. 15.22.6 Water Protection and Policies WPP 1 and Section 6.10 and HCLP 7 An Taisce note that the proposal should be demonstrated how the proposal will safeguard the ecological integrity of the Dromore Lakes pNHA (site code: 000001) which is located adjacent to the applicant's landholding, and which is the potential recipient of nutrient enrichment impact from landspreading, livestock excretions and synthetic fertiliser use. This requires a demonstration of adherence to Monaghan County Development Plan Objectives HCLP 6 and 7 which seek protection of pNHAs. An Taisce also note that the proposal should be assessed against Article 4 of the WFD to determine whether the project may cause a deterioration of the status of a surface or ground water body or if it may jeopardise the attainment of good surface or ground water status or of good ecological potential and good surface or ground water chemical status. Environment Section have no objections to the proposal, subject to conditions. They note the following; 'The development proposed is located within the Dromore Sc20 sub catchment with the Avaghon Lake Stream 010 being the closest waterbody. The Water Quality Status for this waterbody has been classified as 'poor' and therefore identified as 'At Risk' of failing to meet the objectives of the Water Framework Directive (WFD) which is to restore to good status by 2027. Mullanary Lake is also located within 150m of the proposed site which is in the greater Dromore Lakes Natural Heritage area. This site is located on the Cavan Groundwater Body, a poorly productive bedrock which is of good status and in an area of low groundwater vulnerability. Farmer Full NMP submitted for the holding for 2026 indicates that the farm has a current nitrogen loading of just over 162kgN/Ha (down from 175 kgN/Ha in 2025) with a slurry storage requirement of 811m3 and an availability of 1175m3. Site layout plan submitted indicates the presence of an oil separator between existing soiled water tank and the storm water system. Agent has clarified that this is to be installed as an additional precautionary measure in the event of an oil spill as the applicant services his own farm machinery in a shed beside the soiled water tank. Washing of farm vehicles in this area will not be permitted. The proposed additional slurry storage capacity and the covering of the existing cattle holding yard are all seen as improvements in the separation of storm and soiled waters and the capacity of the farm to comfortably control the volumes of slurry produced during the 22 week closed period for slurry spreading.' Having regard to the comments received from Environment Section, including suggested conditions, the Planning Authority is satisfied that the proposal will not have an unacceptable impact on the water environment. The Planning Authority is also satisfied that the proposal will not damage/interfere with the integrity of the Dromore Lakes pNHA, or any of its species, communities, habitats; landforms or geological or geomorphological features; or on its diversity of natural attributes, subject to the conditions recommended. As per the conditions recommended, the applicant will be required to submit a Construction and Environmental Management Plan (CEMP) prior to the commencement of development and to operate the facility in accordance with the European Union (Good Agricultural Practice for Protection of Waters) Regulations, 2025. As such, it is considered that the proposal complies with Policy WPP1 and Polices HCLP 6 and 7. Conclusion ■ The proposal complies with the relevant provisions of the Monaghan County Development Plan 2025-2031. ■ A conditional grant of permission is recommended. ■ Contributions are due, as per the calculations below. Recommendation That Permission is GRANTED subject to the following conditions: 1a) The developer shall pay to Monaghan County Council a sum of €1766.00 in accordance with the General Development Contribution Scheme 2021-2026 (as revised) 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) Prior to the commencement of development, the applicant/developer shall submit to the Planning Authority, for agreement in writing, a site -specific Construction & Demolition By -Products Waste Management plan in accordance with 'Best Practice Guidelines for the preparation of Resource & Waste Management Plans for construction and demolition projects' (EPA 2021). b) The development shall be carried out in accordance with the details agreed under (a) above. Reason: In the interest of environmental protection and public health. 3 a). Prior to the commencement of development, the applicant/developer shall submit a Construction and Environmental Management Plan (CEMP) for agreement. The submitted CEMP shall; (i) Demonstrate that adequate measures will be in place forthe construction phase to ensure there is no discharge of polluting matter/sediment laden waters to any waters. (ii) 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". (iii) Include the location details of the monitoring points where daily visual checks and weekly surface water monitoring (physical and chemical parameters) shall be carried out. b) The development shall be carried out in accordance with the details agreed under (a) above Reason: In the interest of environmental protection and public health 4. The development/facility hereby approved shall be operated in accordance with the European Union (Good Agricultural Practice for Protection of Waters) Regulations, 2025. Reason: In the interest of environmental protection and public health. 5. The applicant/developer shall comply with the following requirements; (i) Contaminated surface water run-off shall be collected in a sealed system. (ii) All soiled waters shall be directed to a leak proof 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) No farm vehicles will be washed in the vicinity of the wash tank beside the proposed farm machinery service shed. (v) All uncontaminated roof waterfrom 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 or slurry storage tanks or to the public road. Reason: In the interest of environmental protection and public health. 6. 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. 22 weeks storage capacity for organic fertiliser must be provided to serve the enterprise. Reason: In the interest of environmental protection and public health. 7. 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. Reason: In the interest of environmental protection and public health. 8. 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 environmental protection and public health. 9. All sheds, slatted units, dairy parlours, silage pits and manure storage areas shall be designed and built in accordance with Department of Agriculture, Food and the Marine specifications. Reason: In the interest of orderly development. 10 a) 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. b) If infilling material is required to be imported onsite the applicant or economic operator shall: (i) Utilise EPA By -Product Regulation 27 in moving soil infill material from one site to another. Official correspondence demonstrating Article 27 Registration with the EPA shall be submitted to the Planning Authority prior to commencement of development. (ii) If using waste material as infill and prior to acceptance of material a valid permit must be issued by Monaghan County Council in accordance with the Waste Management (Facility Permit and Registration) Regulations 2007 as amended. (iii) Buy topsoil material as a product for final landscaping purposes only. Documentation demonstrating purchase shall be submitted to Planning Authority. c) 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. d) (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. e) 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. f) The applicant shall immediately inform the Planning Authority and the Inland Fisheries Board (IFI) 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. Reason: In the interest of environmental protection and public health 11. 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 Inland Fisheries Ireland guidance document entitled 'Requirements for the Protection of Fisheries Habitat during Construction and Development Works at River Sites'. Reason: In the interest of environmental protection and public health. 12.a) Roofing material shall be dark green, dark grey, dark blue or black in colour, unless otherwise indicated on the submitted plans. 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 13. a) Any existing mature trees or hedgerow defining the site boundary shall be permanently retained in this development, unless otherwise indicated on the submitted plans. b) Existing hedgerows shall be supplemented with native tree species at irregular intervals. c) Planting as required shall be carried out in the first planting season following commencement of building operations and shall be permanently retained thereafter. d) Any plant which fails in the first planting season shall be replaced. Trees shall be allowed to mature and shall not be topped when trimming hedgerows. Reason: In the interest of visual amenity. 14. The development shall be carried out in accordance with the plans and documentation submitted on 01St July 2026, except as may otherwise be required in order to comply with the above conditions. Reason: To ensure a satisfactory standard of development. Brian McGeary Planner 17/08/2026 Development Contributions Calculations — Non -Residential Development Category Dev Type Rate Floor Area Calculation Contributions / Number Due (€) 3 (g) The provision of Up to 300 New cattle €2 x 883 €1766.00 m2 3229 Comm, buildings or other shed (€2130) Rec, structures for the s ft (290.55m2) Amenity purposes of footprint Covered agriculture (including Exempt Dry Store canopies/overhanging Over 300 (149.73m2) roofs but excluding m2 Dry Shed any open yards or footprint and Silo Pit concrete €650 plus (441.87m2) areas/aprons) €2 per m2 Total m2 = over 300 882.15 m2 m2 extension. Extensions €2 per m2 of footprint Contributions Due (€) €1766.00 Exemptions / Reductions under Part 18 of Development Contribution Scheme (if applicable) Category Dev Type % Reduction Calculations Exemption / (a) — (m) Reduction (€) Total Amount Due Contributions Due — Discount Total Due (€) €1766.00 Checked / Date / 17/08/2026 17/082026 PLANNING APPLICATION DECISION FORM Planning Application Reference No. 2660 Reports received from: Municipal District E. H.O. S.E.E. Water Services I recommend that planning permission be: Granted, subject to the conditions outlined in the enclosed Planning Officer's Report Recommended by Executive Planner: Date: Recommended by: Date: Senior Planner Decision due by: S.E.E. Roads S.E.E. Environment Planning Officer DECISION OF MONAGHAN COUNTY COUNCIL: Refused, for the reasons outlined in the enclosed Planning Officer's Report Approved with conditions Refused recommended in Planning Officer's Report Other Senior Planner Date