Reply - Grand Canal Greenway Headed Item

COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

South Dublin County Council Crest

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Tuesday, May 07, 2019

HEADED ITEM NO. 17

HEADED ITEM: C. Performance and Change Management Directorate

PART 8 - GRAND CANAL GREENWAY HAZELHATCH TO 12TH LOCK

INTRODUCTION

In accordance with the requirements of Part XI Planning and Development Act, 2000 (as amended) (the Act) and Part 8 of the Planning and Development Regulations, 2001 (as amended) (the Regulations), South Dublin County Council (SDCC) is seeking planning consent to develop approx. 4.6km of the Grand Canal (the Canal) towpath.

LOCATION

Located in the townlands of Hazelhatch, Loughtown Lower, Mullauns, Coolscuddan, Gollierstown, and Ballymakaily, the proposed Greenway will utilise the route of the existing towpath on the northern side of the Canal between the 12^th Lock and Hazelhatch Bridge at Celbridge.

Approximately 500 metres of the proposed Greenway is in Kildare County Council (KCC) in the townlands of Balscott and Stacumney Cottage. As a result, KCC entered into an agreement with SDCC under Section 85 of the Local Government Act 2001. This empowers SDCC to take responsibility for the delivery of the 500 metres of the proposed Greenway in KCC.

DESCRIPTION

The proposed Greenway will consist of the following:

4.6 km of shared walking and cycling route along the existing northern Grand Canal towpath;
Path widths of 2.5m to 3.5m (dictated by existing site features);
Unbound surface (i.e. Quarry Dust);
Pedestrian and cycle gates to facilitate access along the route;
Ducting for underground utilities and services (Electricity, telecom, public lighting & CCTV);
Integrated landscape plans for the route; and
All associated ancillary works.

ENVIRONMENTAL IMPACT ASSESSMENT & APPROPRIATE ASSESSMENT

The site and environs are not covered by any European Habitat designations. The Canal is designated nationally as a proposed Natural Heritage Area (NHA). There are protected plant and animal species in the vicinity.

An Ecological Impact Assessment Report (EcIAR) was prepared in respect of the proposed works. The EcIAR has informed and inputted into the design of the proposed Greenway.

The proposal was subject to screening for “Environmental Impact Assessment” under the EIA Directive 2014/52/EU. The Chief Executive determined that there was no real likelihood of significant effects on the environment arising from the Greenway and that an Environmental Impact Assessment Report (EIAR) was not required.

On 11 January 2019, under Article 120(3)(a) of the Regulations, the SDCC EIA screening determination was subject to a third-party request to An Bord Pleanála (An Bord) to issue a direction requesting SDCC prepare an EIAR. On 10^th April 2019, An Bord determined that the proposed Greenway would not be likely to have significant effects on the environment and that the preparation and submission of an EIAR was not required.

The proposed Greenway was also subject to Appropriate Assessment Screening under the Habitats Directive (92/43/EEC). The Chief Executive has made a determination that a Stage 2 Appropriate Assessment was not required.

PUBLIC CONSULTATION

Plans and particulars of the Greenway went on public display for over five (5) weeks from 14^th December 2018 to 21^st January 2019 (inclusive). During the public consultation information on the Greenway was disseminated to the public and submissions were invited.

A total of sixteen (16) submissions/observations were received. The accompanying Chief Executive’s Report presents the outcome of the consultation under Part 8 of the Regulations, responds to submissions made during the consultation period and makes recommendations in relation to the proposed development where appropriate.

ISSUES RAISED

Some of the primary issues raised under the sixteen (16) submissions/observations received by SDCC related to the following:

Support for the Greenway from the perspective of social and economic impact;
Support for the response to preplanning consultations with the Department of Culture Heritage & the Gaeltacht (DCHG)
Composition of the greenway surface, route width, CCTV and lighting;
Impact on farming activities and access;
Ecological sensitivity, potential to harm biodiversity (including protected species) and mitigation measures;
Scope of EIA screening report and cumulative environmental impacts;
Clarification in relation to canal crossings and temporary compound;
Extent of development and detailed design; and
Extending scope of proposal including wider access to the Greenway.

RECOMMENDATION

Following consideration of the submissions the Chief Executive is of the view that the issues raised in the submissions can be satisfactorily addressed without variations or modification to the design of the Greenway.

It is recommended that, as the proposal is in conformity with proper planning and sustainable development, that the Council proceed with the Part 8 proposal, for a Greenway within South Dublin County including a portion of which is in Kildare County Council administrative area.