COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

south dublin county council crest

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, July 14, 2008

HEADED ITEM NO. 14

SUBMISSION TO AN BORD PLEANALA IN RESPECT OF N7 RESOURCE RECOVERY PROJECT AT BEHAN'S QUARRY, WINDMILL HILL, RATHCOOLE, COUNTY DUBLIN

Report of Planning Authority

 

Application to An Bord Pleanala

By Energy Answers for a Waste to Energy Facility

Behan’s Quarry, Windmill hill,

Rathcoole, Co. Dublin

Planning Department

South Dublin County Council

July 2008

Report of Planning Authority on an application to An Bord Pleanala by Energy Answers for a Waste to Energy Facility at Behan’s Quarry, Windmill hill, Rathcoole, Co. Dublin

 Section A

Report by the County Manager to the Members on the legislative framework.

Introduction

An application under the Strategic Infrastructure Act was lodged with An Bord Pleanala (Ref. 06S.PA0006) on the 29th May 2008 for permission for the proposed development of a resource facility for the thermal treatment of non-hazardous residual, municipal and construction and demolition waste at Behan’s Quarry, Windmillhill, Rathcoole, Co. Dublin. An Bord has requested South Dublin County Council by letter dated 4th June to submit its views on this application.

The proposed development includes :

  1. A mechanical treatment facility, which includes a waste receiving and processed refuse fuel storage building with an associated administration building that includes a new landmark windmill building comprising 3-storeys and an upper plant room over 6-storeys located below ground.
  2. An energy recovery facility, which includes thermal treatment, air quality control, and turbine/generator equipment and associated stack (approx. 84m above the finished floor level of the quarry and approx. 9m above the level of the adjoining ground) located on the southern boundary of the site and
  3. A materials recovery facility, which includes ash processing, metals and aggregate recovery, and concrete products manufacturing equipment (approx. 4,477sq.m and max. building height of approx. 19m)
  4. Renovation and extension of the existing farmhouse and renovation of the existing farmhouse outbuildings for use as administrative offices and a visitor/education centre
  5. Ancillary outbuildings including warehousing, vehicle maintenance building and electrical distribution building.

In total the floorspace of the proposed development is approx. 25,852sq.m on a 14.5 ha site at the existing quarry (know locally as Behan’s Quarry), Windmillhill, Rathcoole.

An Environmental Impact Statement, site selection report and planning report have been submitted as part of this application.

Statutory Process

Section 37E (4), (5) (6) and (7) of the Planning and Development Act 2000 as inserted by Section 3 of Part 2 of the Strategic Infrastructure Act 2006 (pages 10 & 11)  sets out the procedure, for the submission of a planning authority report, including the role of the elected members,  in relation to an application received by An Bord under the Strategic Infrastructure Act.

Section 37 (E)     

(4)The planning authority for the area (or, as the case may be, each planning authority for the

areas) in which the proposed development would be situated shall, within 10 weeks from the making of the application to the Board under this section (or such longer period as may be specified by the Board), prepare and submit to the Board a report setting out the views of the authority on the effects of the proposed development on the environment and the proper planning and sustainable development of the area of the authority, having regard in particular to the matters specified in section 34(2).

 

(5) The manager of a planning authority shall, before submitting any report in relation to a proposed

development to the Board under subsection (4), submit the report to the members of the authority

and seek the views of the members on the proposed development.

 

(6) The members of the planning authority may, by resolution, decide to attach recommendations

specified in the resolution to the report of the authority; where the members so

decide those recommendations (together with the meetings administrator’s record) shall be attached to the report submitted to the Board under subsection (4).

 

(7) In subsection (6) ‘the meetings administrator’s record’ means a record prepared by the

meetings administrator (within the meaning of section 46 of the Local Government Act 2001) of

the views expressed by the members on the proposed development.

 

(8) In addition to the report referred to in subsection (4), the Board may, where it considers it

necessary to do so, require the planning authority or authorities referred to in that subsection or any planning authority or authorities on whose area or areas it would have a significant effect to furnish to the Board such information in relation to the effects of the proposed development on the proper planning and sustainable development of the area concerned and on the environment as the Board may specify.

 

An Bord Pleannala has published guidelines on the issues it expects to be addressed in a planning authority report on a Strategic Infrastructure application. The issues to be addressed include:

The following report follows, in general, the above issues.

It should be noted that a separate approval for this proposed development is also required  from the Environmental Protection Agency. This separate process will consider matters such as emissions from the proposed development.

With respect to the role of the Members section 37(E)(6)  of the Planning and Development Act (as amended) should be noted:

 

The Members of the planning authority may, by resolution, decide to attach recommendations

specified in the resolution to the report of the authority; where the members so

decide those recommendations (together with the meetings administrator’s record) shall be attached to the report submitted to the Board under subsection (4).


 

Section B

 

Report of the Planning Authority.

 

Note on Plans Submitted

An Bords attention is drawn to the lack of a scaled detailed plan of the proposed stack. Thus all comments relating to this structure are informed through the EIS, Photomontage and Planning report submitted by the applicants. An Bord is asked to consider this in its assessment of the proposed development.

While the Department of Defence was consulted as part of the pre-planning consultation with An Bord, it would appear from the list of prescribed bodies given in the documentation that the Department of Defence may not have been circulated with a copy of the application itself. It would be appropriate that the views of Department be ascertained on the application.

Site

The quarry site is located adjoining the southern side of the N7 Naas Road to the west of Rathcoole Village, and is accessed directly from the southbound carriageway of the N7. The vertical face of the quarry is visible from areas to the north as far as Newcastle village, and the quarry operations are seen to be progressively eroding the side of Windmill Hill.

 

The site is located to the west of Rathcoole village in an area of dispersed rural housing. Located to the south of the site along a narrow rural road are a number of single dwellings located mainly to the south of this road.  A pub and dwellings are located to the west  at the Steelstown interchange approximately 500metres from the edge of the site.

To the north of the site runs the N7 national primary route. There are a number of  single dwellings generally located along Athogoe Road to the north of the N7. At the Steelstown interchange there are a number of established industrial/ warehousing  developments.

 

 Development Plan including zoning

 

The area in which the site is located is zoned Objective ‘B’, “To Protect and Improve Rural Amenity and to Provide for the Development of Agriculture”, in the County Development Plan 2004-2010. The land use activities ‘Industry–Extractive’  and  ‘Concrete / Asphalt (etc.) Plant in or adjacent to a Quarry’, are ‘permitted in principle’  in areas zoned Objective ‘B’.

Industry Special which is defined in the South Dublin County Development Plan 2004-2010 as being

‘The use of a building or part thereof or land for any industry which requires special assessment due to its

potential for detrimental environmental effects,’ is a use that is open for consideration in this zoning.

 

While a waste to Energy facility is not explicitly recognised in the zoning matrix tables in the Development Plan, Section 10.1.5i of the County Development Plan states ‘ that other uses not mentioned throughout the Use Tables and Matrix will be considered in relation to the general policies of the Plan and to the zoning objectives for the area in question.

There is a protected structure located on the lands, identified as Map Ref. Number 358, Stone Windmill (Ruin) (RM), in the Record of Protected Structures included at Schedule 2 of the Development Plan 2004-2010 and is shown on the Development Plan Map.

An objective is indicated in Table 13.2 and on the relevant Development Map, to provide Traveller Accommodation in the general location of the townland of Windmill Hill and is as indicated in the Council’s Traveller Accommodation Programme. 

Site history

 

Reg. Ref. A.14    Planning permission granted on 28 June 1968 to Laurence Behan for Stone Quarrying at Windmill Hill, Rathcoole.

Reg. Ref. SA. 1936   Planning permission granted on 26 February 1980 to L. Behan for Machinery Store at Windmill Hill House, Rathcoole.

Reg. Ref. 88A/709  Planning permission granted on 20 December 1988 to Laurence Behan for Mobile Asphalt Mixing Plant in Existing Quarry at Windmill Hill, Rathcoole.

Reg Ref SDQU05A:  Quarry registration under Section 261 of the Planning and Development Act 2000. Conditions attached with respect to the continued quarrying operation on site.

Relevant Development Plan policies

The current County Development Plan relevant to this site is the South Dublin County Council Development Plan 2004-2010. The review of the County Development has not yet commenced. This is expected to get underway in late 2008.  There are no local area plans or other approved plans directly affecting the proposed site or its immediate surrounds. The nearest zoned residential lands are located at the western edge of Rathcoole  Village.

 

County Development Plan policy extracts.

Environmental Services

7.17.1 Solid Waste Management

7.17.1.i

The Waste Management Policy of South Dublin County Council is established in the Waste Management Plan for the Dublin Region 1999 - 2003. This Plan is guided by national waste management policy as dictated by the Waste Management Act 1996 and subsequent amendments. The primary objective of the Plan is to achieve the maximum realistic level of recycling, comply with the EU Landfill Directive and achieve bulk waste reduction through thermal treatment.

7.17.1.ii

The Waste Management Plan for the Dublin Region, represents a common regional action by the four Dublin Authorities on the basis of shared responsibility for the environment. The Plan, to be reviewed after 5 years, seeks radical change, in cutting waste growth levels, greatly increasing recycling, introducing waste recovery and minimising landfill, based on the premise that current high landfilling rates cannot continue, and alternatives to landfill must be found.

7.17.1.iii

The Plan addresses three practical problems:

• lack of recycling and disposal infrastructure in the short to medium term as well as in the long term.

• current waste management infrastructure is not adequate to meet modern legislation – current landfilling rates cannot continue, alternative methods must be found.

• inadequate funding - to improve standards, increase recycling and provide a proper system of waste regulation will require significant additional cost recovery from all waste producers.

7.17.1.iv

It is a policy objective of the Waste Management Plan for the Dublin Region that charges shall be levied on waste producers which include both householders and industrial/ commercial enterprises. Such charges may be related to the waste volumes or weights produced, which would provide incentives for minimisation and recycling.

7.17.1.v

Of the waste arising in the Dublin Region which is handled by the Local Authorities approximately 53% is of construction/demolition origin, some 17% is industrial in origin while household and commercial sectors each contribute about 13% of the waste stream handled (based on 1997 statistics ). Bulky items in skips and

other wastes delivered to landfills by private means (including some green wastes) make up the bulk of the remainder.

7.17.1.vi

Hazardous waste generated in the Dublin Region, represents less than 1.5% of the overall waste stream in circulation. The Environmental Protection Agency is responsible for hazardous waste planning under the Waste Management Act 1996 and has prepared the National Hazardous Waste Management Plan.

7.17.1.vii

There is a specific requirement to identify what are termed “Priority Waste Streams”. These include packaging waste, construction/demolition waste, end of life vehicles, waste tyres, waste oils, batteries, electrical goods and PCBs. Management systems have been identified for each of these waste streams depending on the degree of hazard involved and in terms of nonhazardous waste planning.

7.17.1.viii

Arthurstown, outside Kill in County Kildare, is the disposal facility for baled municipal waste from Dublin City Council, South Dublin, Dun Laoghaire- Rathdown (from 2004 ) and parts of Meath, Kildare and Louth. This facility is due to close in December 2007. Construction demolition waste from the Dublin region is disposed of to Balleally Landfill in the Fingal County Council area. There is an urgent need for new waste management initiatives to reduce the waste volumes produced and to divert waste from landfill to the maximum possible extent..

7.17.1.ix

The overall intention of the Waste Management Plan for the Dublin Region is to cut dependence on landfill from approximately 80% for all wastes in 1997 to 16% by the year 2004, provided new recycling schemes and thermal treatment are put in place. In addition, recycling of Dublin’s municipal, industrial and construction/ demolition wastes is planned to increase to some 60% from a current rate of 20%. Construction/demolition waste is the single largest waste stream currently

disposed to landfill.

7.17.1.x

In accordance with the Waste Management Act 1996 (as amended), this Development Plan shall be deemed to include the objectives for the time being contained in the Waste Management Plan for the Dublin Region 1999 – 2003 (or as may be amended from time to time).

7.17.1.xi

The Waste Management Act 1996 (as amended), empowers the County Manager to decide to grant planning permission for development which is consistent with provisions of, and is necessary for, the proper implementation of the Waste Management Plan for the Dublin Region 1999 – 2003 (or as may be amended from time to time), but which in the opinion of the County Manager would contravene materially any other objective of this Development Plan.

7.18 Strategy - Environmental Services

7.18.i

The strategy of the Council for the development of Environmental Services in the County during the period of this plan is as follows:

• Conform to the European Union and National Waste Strategy in all matters

relating to the production, handling, treatment and disposal of waste within the

County.

 

• Co-operate with and participate in the preparation of regional plans for the

collection, treatment, handling and disposal of wastes.

 

• Promote the prevention and reduction of waste and the increased re-use and

recycling of materials from all waste streams in accordance with the Waste

Management Plan for the Dublin Region.

 

 

 

7.19.1.i

It is the policy of the Council to conform to the European Union and National Waste Strategy in all matters relating to the production, handling, treatment and disposal of waste within the County.

 

7.19.1.ii

The Council will foster the aims of the European Waste Hierarchy by prioritising the treatment of all waste streams as follows, subject to economic and technical feasibility:

• waste prevention

• waste reduction

• waste re-use

• waste recycling

• energy recovery

• safe disposal.

 

7.19.1.iii

The Council intends that solid waste management within its area will be carried out in a cost efficient manner based upon;

• Environmental protection,

• National and E.U. policy and legislative requirements, and

• Future development of the County.

7.19.1.iv

The Council will co-operate with other relevant agencies, both public and private, and local community interests as appropriate, in following the hierarchy of waste management set out above.

 

7.19.1.v

The Council will seek the co-operation of the adjoining local authorities in the planning, development and operation of disposal facilities for solid wastes of all categories.

7.19.1.vi

The Council will use the BAT principle in all aspects of waste management i.e. ‘’Best Available Technology”.

7.19.2.i

It is the policy of the Council to implement and monitor the Waste Management Regulations under the following headings:-

 

• Packaging

• Private Sector Waste Facilities

• Movement of Hazardous Waste

• Treatment of Farm Plastics

• Waste Collection

• Land Reclamation

• Suspected Illegal Landfills.

 

7.19.3.iii

The Council will implement the policies and objectives of the Waste Management Plan for the Dublin Region 1999 - 2003 and subsequent revisions or updates insofar as they impact on South Dublin, and will promote recycling and biological treatment of waste in order to achieve the national targets in accordance with the Waste Management Plan. Recycling and reuse will be a priority of the Council in the disposal of waste.

7.19.4.i

It is the policy of the Council to promote the prevention and reduction of waste and to cooperate with industry and other agencies in viable schemes to achieve this in accordance with the Waste Management Plan for the Dublin Region, 1999 – 2003 and subsequent revisions and updates.

 

7.19.5.i

It is the policy of the Council to reduce the amount of waste to be landfilled and to promote the increased re-use and recycling including the collection and transfer of product for resale, of materials from all waste streams. It will co-operate with other agencies both public and private in viable schemes for the extraction of useful materials from refuse for re-use or recycling and will adopt the targets set out in the Waste Management Plan for the Dublin Region, 1999 – 2003 and subsequent updates or revisions for achievement within this area.

 

7.19.5.iv

The Council will consider applications for the recovery/ recycling of building waste subject to policies and provisions of the Regional Waste Management Strategy and the Development Plan.

The following is  the strategy for Archaeological and Architectural Heritage of the County as stated under Section 8.2.i of the County Development Plan:

Natural Heritage issues

The site is not located within a Special Area Amenity Order area nor does it affect any proposed or designated European,  or National Environmentally protected areas. Attached in Appendix 1 is the detailed report of the Heritage Officer.

Summary of the Heritage Officers comments

While a number of rare or protected plant species are recorded as occurring in the 10km square survey grid in which the proposed development occurs, no rare or protected species were recorded during the habitat survey undertaken on behalf of the applicant  during September 2007.  The EIS report indicates that the improved nature of the landscape in the area is unlikely to support many of the listed species.  Only two of the habitats recorded, hedgerows and quarry spoil heaps, are likely to hold plant species of conservation interest.  The EIS report recognises, however, that the site visits were undertaken outside of the optimum period for botanical surveys. It is considered that an additional survey should be undertaken during more optimal time periods.  

The presence of two peregrine falcons within the quarry was confirmed during survey work.  Plucking posts were observed but the birds were not seen to settle on a nest at that time.  The submitted EIS report states that it is possible that one of the birds, a male, may be too immature to breed this year but also indicates that an additional survey later in the breeding season should be undertaken to confirm if nesting has occurred. The Heritage officer recommends that a second phase of survey be undertaken to confirmwhether or not the peregrine falcons are breeding in the quarry.

It is also recommended that further survey work be carried out during the appropriate time of year to determine the presence of bats particularly in the farm house and out buildings and the presence of badgers in the immediate surrounding area.

Protected Structures

 

Summary of the Conservations Officers comments.

 

Attached in Appendix 2 is the report of the Conservation Officer. Stone Windmill (ruin) which is a Protected Structure RPS Ref. 358 is located a short distance (approx. 20-30m) outside the southerly boundary of the proposed site along the quarry edge.  The existing structure probably dates to the 18th century.  The windmill is not directly impacted by the proposals however battering of the quarry face for stabilisation will bring the southern perimeter of the development within 35m of the existing structure.  It is also considered that there is a direct impact on the environs and the setting of the existing structure. 

 

Although the setting of the structure has previously been altered by the existing quarry the proposed new structures consisting of an approximately 84m tall stack and proposed new windmill building will be visible in a number of views from the surrounding area.  The existing quarry at Windmill Hill is a human activity in the area which has shaped the current environs and has influenced the wider landscape surrounding the proposed development. Due to the prominent location of the existing windmill structure it has become one of the main landmark features of the area.  It is therefore important that the significance of the setting be given full consideration in terms of the overall impact of the proposed development. It is recommended that if the Bord is disposed to granting the development the stack should be relocated away from the protected structure. However this should be balanced against the requirements for safe air navigation.

 

There are no Protected Structures or buildings recorded in the National Inventory of Architectural Heritage for South County Dublin located within the proposed development site. However Windmill House and its outbuildings form a complex of vernacular structures which are located within the development site north of the quarry.

While the mitigation measures are generally considered to be acceptable, it is recommended that in relation to this portion of the proposed development that the proposed front canopy on Windmill House should be omitted and/or significantly reduced in scale  and that the surviving slate roof should retained.

Enforcement Issues

An enforcement file has been opened in relation to requirements seeking compliance submissions in relation to the quarry registration decision Reg Ref  SD QU05A. Compliance submissions have been received in relation to this decision and are being considered by the Planning Department.

Enforcement action was undertaken in relation to a telecommunications structure on these lands. This Enforcement file was closed on the 12/02/08 as the unauthorised development was removed.

Reports from the Environmental Services Department

 

Attached in Appendix 3 are the detailed reports as received from the Environmental Services Department SDCC. It is the view of the Environmental Services Department that having assessed the information submitted as part of this application that there is insufficient details with respect to

(A)   Foul drainage, in particular the foul water pumping system; the surface water, in particular detailed plans of the storm drainage system,

(B)    Surface water pumping system for the attenuation pond  and the connection details to the proposed outfall and;

(C)     Water Supply  in particular a method statement including plans as to how the 33 inch Dublin City watermain traversing close to the site entrance is to be protected both during and after construction.

Further information is sought on these issues.

With respect to the proposed waste water treatment system the Environmental Health Officer considers that further information be requested with respect to the purpose of the redirection of the effluent process; the purpose of the attenuation pond; what is the meaning of the reference to ‘Greenfield run’ and what is the final destination of the effluent run off.

With respect to the reports from the Environmental Services Department, it is the view of South Dublin County Council that additional information be sought with respect to the above issues and as detailed in the attached reports, in Appendix 3.

Dublin Waste Management Plan.

 

It is the view of South Dublin County Council that the provisions of the Dublin Waste Management Plan are central to any assessment of this proposed development. In order to arrive at a comprehensive and considered view on this application South Dublin County Council Environmental Services Department engaged RPS environmental consultants who worked extensively on the current Dublin Waste Management Plan 2005-2010. Their report is attached in Appendix 4 and South Dublin County Council agrees with the findings of the report. Below is a summary of this report and the Council’s view.

The Waste Management Plan for the Dublin Region represents common regional action by the four Dublin local authorities on the basis of shared responsibility for the environment and the County  Development Plan includes the objectives contained in the Waste Management Plan for the Dublin Region 1999-2003 (or as may be amended from time to time). The Waste Management Plan puts forward regional policy objectives aimed at developing integrated waste management solutions which achieve the Best Practicable Environmental Option (BPEO).

The Waste Plan is rooted in European and National Waste Policy and since 1997, following the preparation of the Dublin Waste Management Strategy, a coherent waste policy has been followed in the region.  The Waste Plan supports the implementation of best practice solutions and technology, as part of the regional strategy, to achieve ambitious landfill diversion and recycling targets.  The current Waste Plan is the second generation regional waste management plan and part of a 20 year long-term strategy for waste management in Dublin.  

The Dublin Waste Management Plan identifies the requirement for one waste recovery facility,  located at Poolbeg with a capacity of 400,000 – 600,000 tonnes per annum and one waste disposal landfill located at Nevitt with a capacity ranging from 500,000tpa (pre waste to energy) and 350,000tpa (post waste to energy). The plan does not identify any further requirements for waste recovery facilities or waste disposal facilities in the region. 

The current Waste Plan has adopted the regional targets and sets out extensive policy objectives to progress the development of integrated and best practice waste solutions in the Dublin context.  The Waste Plan clearly identifies the Dublin Local Authorities as having the lead role in delivering education, prevention and reuse programmes, as well as collection systems and facilities.

The development of regional-scale facilities has been a long-term priority for the Dublin Local Authorities to ensure that the objectives of the Waste Plan and obligations under the Waste Management Acts are met.   The requirement to deliver a regional Waste to Energy (WtE) facility and a regional landfill facility has been part of the overall strategy for the long-term management of residual wastes generated in the region.  These facilities have been in development since the late 1990s and have both been through extensive consultation and statutory processes.    The current Waste Plan contains objectives which identify the location, capacity and possible operational arrangements for each of these planned facilities:

The identified waste to energy facility at Poolbeg has planning approval from An Bord Pleanála and a Waste Licence Proposed Decision from the EPA for a capacity of 600,000 tonnes per annum. The site at Nevitt is currently proceeding through the statutory planning process and has received a Waste Licence Proposed Decision from the EPA.

The proposal before An Bord is to develop a thermal treatment facility in the South Dublin County Council area.  The proposed facility is not part of the planned waste management strategy for the region which is being delivered by the Dublin Local Authorities.  The facility is aiming to treat some waste from the Dublin Region and is also targeting waste from Wicklow, Kildare, North East Region and the South East Region. It is considered that the proposed facility, if approved, will endanger the long term strategy for the proper treatment and disposal of waste from within the region. Furthermore it is considered to be a premature development pending the future waste growth patterns in Dublin.  The financial investments and commitments made to date  and into the future by the Dublin Local Authorities, in the public interest, in planning and developing these facilities will also be put at risk.    

It is the considered view of South Dublin County Council that this development does not accord with the adopted Waste Management Plan for the Dublin Region. This Waste Management Plan sets out a common and coherent waste policy for the four Dublin Local Authorities. It is the view of SDCC that this proposal would undermine and be at variance with the achievement of the aims and objectives of the adopted Waste Management Plan. This plan does not identify the requirement for a second waste to energy plant in the Dublin region and, as such, this proposal will not assist in the achievement of the objectives of the Dublin Waste Management Plan.

With respect to the planning report submitted with the application to An Bord, the proposed development envisages the use of waste from a number of waste management areas. It is the view of South Dublin County Council that this proposal would give rise to the large-scale movement of waste across waste management areas,  which would significantly undermine the requirement for waste management areas to be self sufficient in dealing with waste within their functional areas and would be contrary to proper planning and sustainable development.

Roads Department report.

In order to achieve a considered view with respect to the impact of this proposed development the Roads and Transport Department considered the submitted documentation and in order to arrive at a comprehensive view commissioned MVA consultants to prepare a report on the traffic implications of this proposed development. Attached in Appendix 5 are the traffic and transport reports.

It is the view of South Dublin County Council with respect to the traffic implications of this proposed development that:

The zone of influence of the development does not correlate with the Transport Assessment spatial scope. The Transport Assessment related to an examination of the performance of the left-in, left-out junction on the N7 southbound carriageway. While the trip generation rates used within the Transport Assessment are considered robust, an examination of trip distribution patterns was not submitted. As a result the impact

of the development on the wider road network was not considered. In particular, the impact of the development proposal on the following elements should have been considered as part of the transport assessment:

-  Rathcoole and Steelstown Interchanges, and

-  Northbound carriageway on the N7.

Committed developments are not considered, including the proposed Western Distributor Road, which is included as a long term road objective in the current South Dublin Development Plan.

 The Transport Assessment has forecast that the N7 southbound in 2026 will operate with 1.0% spare capacity in the peak hour and because of this the national road network can accommodate the proposed development. Based on the forecast flows within the Transport Assessment (5,133 vehicles southbound), this conclusion is invalid, as when traffic volumes exceed 85% of capacity, the performance of the link in

terms of free flow speeds, reliable journey time and safety performance begins to deteriorate. At close to 100% capacity a road link will experience very serious deterioration in performance and the level of service would decrease substantially. Given the strategic nature of the N7, i.e. its National Primary Road status, the implications of this erosion in performance would be significant.

The applicants traffic assessment does not adequately consider the impact of the proposed development

on road safety performance on the N7 National Primary Road. The development represents an intensification of use at the site as regards trip generation, and site access is via a single access/ egress point on the N7, with limited merge/ diverge lanes. Any change of land use at the site location leading to an intensification of trip generation rates, in particular during peak hours represents an increased risk to traffic

safety on the N7.

 In conclusion with respect to the traffic implications of the proposed development the proposed development is located adjacent to the N7 National Primary Road, with access/ egress via a left-in, left-out arrangement. The development proposal would lead to an intensification of trips to the site (in particular during peak hours), which would have a negative impact on the N7 traffic safety in its vicinity. The warning signs recommended in the Transport Assessment for erection on the N7, in advance of the

site, are an implicit acknowledgement of the increased risk this development proposal presents to N7 traffic.

 The development proposal will result in increased traffic flows on the N7 mainline carriageway, and through both the Steelstown and Rathcoole Interchanges, the latter of which is forecast to experience substantial increases in background traffic volumes and delays in future. This could have implications in terms of the delivery and/ or operation of the proposed Western Distributor Road.

 Given the above, it is considered that the location of the proposed development would be an unsuitable location for any development which results in intensification of trip generation rates, such as the proposed Resource Recovery Project.

Landscape Assessment

The proposed development is located within a currently active quarry and is adjacent to the heavily trafficked N7. The bulk of the buildings while large will be located within the existing quarry and given the topography of the site will not be visible except from the air.

However, as already stated in the Conservation section of this report, it is considered that in the event of approving this development, An Bord should give consideration to the relocation of the stack. This is in order to minimise its impact on the setting of the Protected Structure RPS 358. However, any relocation of the stack should be balanced against the requirements of safe air navigation.

With respect to the proposed viewing tower and mock windmill. It is considered that this portion of the development would have a negative visual impact due to its prominence and location relatively close to the N7. It is recommended that in the event of a grant of planning permission that this element of the development be omitted by condition and an alternative, less visually obtrusive, viewing arrangement be required.

 Notwithstanding the above views it is considered that the bulk of the proposed development will not generally have a negative impact on the landscape.

SEVESO

While noting the contents of the submitted EIS, it is the Council’s view of that further work should be carried out with respect to clarify whether this is or is not a SEVESO site ( see the opinion of the Council’s consultants RPS on this matter). In particular there is a need for a more detailed assessment of the impact of Boiler Aggregate and Fly Ash. This further investigation should include ascertaining the Health and Safety Authority and also the views of the Chief Fire Officer in relation to the issues of fire and public safety.

Environmental Carrying capacity of the site.

Detailed views have already been expressed in this report in relation to traffic, waste management plans, natural environment, visual amenity and impact on protected structures.

As already stated the contents of the submitted EIS are noted. Given that the site is an active quarry which is adjacent to the N7, it is considered that the environmental carrying capacity of the site is sufficient relative to the proposed development .

 However consideration  should be given to air quality, in particular the relationship between the topography to the south and the proposed stack.

View on Community Gain conditions.

The planning report submitted with this application makes reference to the proposed initiative for community gain. This is considered to be generally reasonable, although it is considered that the relevant area for funding be based on the area committee area.

 

Contributions

There are no Section 49 supplementary contributions either adopted or proposed that would affect this proposed development site.

South Dublin County Council has an adopted Section 48 contribution scheme. The rate of development contribution, in accordance with Section 48 of the Planning & Development Act 2000, in respect of permissions granted for commercial development, from 1st Jan 2008 is €89.65 per sq.m. This is index linked.

The floor area of development is calculated as the gross floor area.

 

Planning Authority overall considered view of this proposed development

South Dublin County Council notes the location of the proposed development within the base of a currently active quarry and from a purely locational viewpoint considers that there is some merit to the siting of the proposed development.

During consideration of the submitted documentation the Council has established that further information is required particularly in relation to;

If however the Bord considers granting planning permission  for this proposed development in the event of granting permission it is recommended that conditions should be attached in relation to a number of aspects including:

·         Limit the tonnage of waste allowable to that proposed in this application.

·         Limit the impact on traffic flows, particularly at peak hours.

·         Consider the setting of the protected structure

·         Omit the proposed new windmill and omit or revise the design of the portico on the vernacular building.

·         Attach conditions as per the Conservation Officer’s and Heritage Officers reports.

·         Attach conditions as per the report from the Sanitary Services Department

·         Require the cessation of quarrying on the site outlined both within the red and blue lines including the removal of quarrying apparatus and relevant remedial works to take place.

Notwithstanding the above issues South Dublin County Council’s overriding view is that this proposed development gives rise to serious concerns with respect to:

·         The undermining of the objectives of the Dublin Waste Management Plans.

·         The long term transportation of waste across waste management boundaries undermines the need for dealing with waste within each waste management area in a sustainable way and;

·         The undesirable intensification of traffic flows along what is an already heavily trafficked national primary route.

Accordingly it is the view of the Council that the application should be refused by An Bord Pleanala