August News 2011

NATIONAL ISSUES Towards a new National Waste Policy Minister for the Environment, Community and Local Government has published a discussion document on the proposal for a new National Waste Policy. Prepared in the context of the transposition of the Waste Framework Directive (2008/98/EC) into Irish law, and the Programme for Government’s commitments for the development of a sustainable waste policy, a new National Waste Policy will be guided by a number of principles, most especially to minimise the volumes of waste generated and to extract the maximum value from that waste which arises. The consultation document notes that the recovery rate from municipal waste has increased from 9% in 1998 to almost 40% in 2009. In addition, in packaging waste, where the recovery rate required by the Waste Framework Directive is 60% by 2011, Ireland had achieved a rate of 70% in 2009. However, other areas of waste management require a concerted effort if Ireland is to meets its obligations under other EU Directives including the Batteries Directive and the End-of-Life Vehicles Directive, as well as complying with limits for the volume of biodegradable municipal waste which may be sent to landfill, and all municipal waste. The discussion document invites comments on how the current waste management policy and practice can be better shaped to respond to the EU waste requirements and deliver a coherent approach to waste management policy in Ireland. The discussion document is available on the Department of the Environment, Community and Local Government website at www.environ.ie. The consultation period will close on Friday 30 September 2011 and it is intended that the finalised policy will be completed by the end of 2011. Planning and Development (Amendment) Regulations 2011 The Planning and Development Regulations 2011, which came into operation on 3rd June, 2011, specify the prescribed bodies for the preparation, making and variation of Development Plans, Local Area Plans, and Regional Planning Guidelines, and also specify the consultees with which the Board may consult as part of the pre-application discussions in SID cases and consultation on EIS in SID cases. RECENT COURT JUDGEMENTS OF NOTE Scanlon v Sligo County Council, Unreported, High Court, Hedigan J., 14th April, 2011; [2011] IEHC 143 Scanlon is the owner of a pre-1964 quarry which he registered under S261 of the Planning and Development Act, 2000, as amended. Sligo County Council required the preparation of a planning application and EIS, which was duly lodged. A Request for Further Information was issued, the period for response to which was extended by a further three months. The response to the Request for Further Information was submitted on the last valid day of the relevant period. The Planning Authority replied stating that the Request for Further Information had not been complied with, and that the application was deemed to be withdrawn. The application to the Court sought to quash the decisions of the Planning Authority and to direct the Planning Authority to consider the application. The Court ruled that as the response to the Request for Further Information was received on the last possible day, the Planning Authority was not in a position to seek clarification on matters raised in the response, and that in effect the application was withdrawn. This decision states that in order for an applicant for planning consent to respond to a Planning Authority’s request for Further Information, in order to protect the application in its entirety, the applicant must now furnish the response well within the time limits required, such that the Planning Authority will have sufficient time to consider the response and to request further clarification if necessary from an applicant. RECENT DECISIONS OF NOTE BY AN BORD PLEANÁLA Grant of permission for West Clare Renewable Energy Ltd’s wind farm development at Coor East, Co. Clare West Clare Renewable Energy Limited secured permission from An Bord Pleanála for a 29no. turbine wind farm at Coor East (PL03.237524) following lodgment of further information by the applicant including a revised Conservation and Habitat Management Plan (with particular reference to the hen harrier) and ground stability assessments. Of note is that, in response to the concerns raised by the Inspector on the visual impact of the proposed development, the Board accepted that the implementation of the Clare Wind Energy Strategy would result in a visual impact on the landscape in the relevant areas of the County. Conversely, the Board refused permission to Gaoi an Iarthar Teo for a 27no. wind turbine development at Lettermuckoo, Muckanaghkillew, Co. Galway (PL07 .238734) on the grounds that by reason of its location in a highly scenic open landscape with no natural screening, and by reason of its nature and scale, would be an excessively dominant feature and visually obtrusive form of development in the landscape. Whereas the West Clare Renewable Energy development was supported by the provisions of the Clare County Development Plan 2011-2017 incorporating the County’s Wind Energy Strategy, in the latter case, the draft County Galway Wind Energy Strategy 2011-2016, while made available after the decision by Galway County Council, identified the Lettermuckoo site as having a high sensitivity to wind farm development, and being potentially suitable for small to medium sized wind energy developments, which created significant conflict with the Strategic Area designation for the site in the Galway County Development Plan 2009-2015. Woodstock Street, Athy, Co. Kildare (PL35.RL2850) An Bord Pleanála determined that the renovation of a petrol station in Athy, to include disposal of petrol tanks, signage, installation of new petrol tanks, and renovation and alterations to shop, constituted development which is exempted development, against the Inspector’s recommendation on 7th July, 2007. Ballycasheen, Co. Killarney (PL63.RL2808) An Bord Pleanála determined that the use of an existing retail unit as a Buy Lo discount retailer, previously occupied by a 4Home Store, was not development, having regard to section 3 of the Planning and Development Act, 2000, as amended, the planning history of the site, and Articles 5 and 10 of the Planning and Development Regulations as amended. The Board ruled that the existing use as a discount retailer comes within the definition of a shop, which use complies with the permitted retail use under previous permissions. The previous permission did not make any reference to use as Retail warehouse or contain any condition restricting the use to certain types of goods. OTHER APPLICATIONS Water Supply Project for the Dublin Region, Reg Ref: PL29N.PC014 (Dublin City Council) Dublin City Council has commenced pre-application consultations on 12th August, 2011 with An Bord Pleanála in respect of the proposed water supply project for the Dublin Region. Glengarrif Castle Partnership, Dromgarriff, Co. Cork, Application Reg Ref: 11/294 (Cork County Council) An application to extend the duration of application register reference 04/9392 for development comprising the conservation, restoration, refurbishment and extension to Glengarriff Castle for use as a hotel complex, 18no. apartments and 2no. commercial units was refused by Cork County Council on 11th July, 2011, amid concerns over the impact of the development on a candidate Special Area of Conservation (cSAC-0090) within which the development site is located, and the absence of an Appropriate Assessment. Former Beamish & Crawford brewery site (TP10/34698) (Cork City Council) Cork City Council granted permission for the redevelopment of the Beamish & Crawford site (10/34698) for a mixed-use events centre/leisure/office/retail/student housing development subject to 20no. conditions on 22nd July, 2011, four weeks ahead of the scheduled decision date. The City Manager overruled the planner’s recommendation that the development constituted a material contravention of the public space zoning objective along the riverside section of the site (unsolicited Further Information was made prior to the decision on this matter). The City Manager also overruled the planner’s recommendation to reduce the height of the viewing tower to 28.5m, and instead conditioned that it be reduced in length by 15m and not be reduced in height below 39m. However, the grant of permission has been appealed by An Taisce and by the National Heritage and Conservation Group, as well as the applicant, Heineken/BAM Property Ltd, register reference PL28.239383. A new application for a modified events centre for Albert Quay has been lodged on 8th July, 2011 (11/34944), following the withdrawal of a previous events centre proposal (10/34692) on 22nd June, 2011. A decision is due on 1st September, 2011. Ballincollig Shopping Centre, Co. Cork (11/4633) (Cork County Council) The grant of permission by Cork County Council to O’Flynn Construction for an anchor retail store to include comparison and convenience retail (with provision for ancillary alcohol sale), on 27th July, 2011 has been appealed by two parties to An Bord Pleanála, reference PL PL04 .239452. A decision is due by 21st December, 2011. OTHER Cork Science and Innovation Park, Curraheen, Cork Cork County Council has issued a draft Masterplan which sets out the vision, objectives and principles for the proposed c. 100ha Cork Science and Innovation Park at Curraheen. The Masterplan shall include provision for: • High quality park environment, focused on retention of the natural environment and priority for pedestrians and cyclists. • Provision for incubator units, grow-on units and stand-alone units that meet the users evolving needs. • Appropriately phased development that reflects the potential for early phasing of the previously zoned X-01 lands under the 2005 Carrigaline Electoral Area Local Area Plan. • Admissions policy to the park to ensure its future occupiers are appropriately engaged in science, technology and innovation activities. • Proposals to facilitate vehicular, public transport, cyclist and pedestrian access to the site. • Proposals for enhanced accessibility to Cork Institute of Technology via Science Park. • Access by public bus and future Bus Rapid Transit. • Mobility plan for movements to/from the Science Park and within the Science Park. • Appropriate provision for public access to Science Park amenities. • Appropriate road access. • Sustainable infrastructure provision that reflects the distinct infrastructural circumstances of each development area within the park. • Detailed flood risk assessment. • Develop linear park / water feature adjoining Curraheen River. • Provision of high quality telecommunications. • On-site energy generation appropriate to the Science Park’s needs. • On-site enterprise, business and leisure support services in accordance with the Science Park’s needs. Buildings constructed on the site will be primarily used for the following purposes: • Manufacturing, production and service delivery activities that use high-added value technologies or are related to research or higher education institutions. • Research activities that are technologically innovative or involve experimentation. • Postgraduate or other specialised training activities linked to third level institutions. • Where it can be demonstrated that the proposed activity directly supports existing onsite or planned uses within the following use categories: • Business Support • Conference facilities • Leisure • Restaurants and appropriate shops • Accommodation for park users The Draft Masterplan and Environmental Report is available to download or view on the County Council’s website www.corkcoco.ie Copies of the Draft Masterplan and Environmental Report will be available to purchase from the Planning Policy Unit (priced €20). In addition, a public exhibition on the Draft Masterplan and Environmental Report will be held on 31st August, 2011 from 4.00p.m. – 8.00 p.m. Floor 1, County Hall, Cork. Written submissions or observations on the Draft Masterplan and Environmental Report, can be made by the public. Written submissions should be clearly labelled “Submissions to the Draft Science Park Masterplan” and should be forwarded to the address below so as to arrive on or before 4.00 p.m. on Friday, 16th September, 2011. New fees payable to An Bord Pleanála The main changes to the schedule of fees payable to the Bord, which come into effect from 5th September, 2011 are primarily focused on the pre-SID application consultations (which is €4,500 (€3,500 refunded if not more than 1 meeting held)); the submission of an EIS following a request from the Board (€1,500); the submission of an NIS following a request from the Board (€1,500 for commercial development; €220 for non-commercial development); as well as new fees for applications for substitute consent/leave to apply for substitute consent. Cork County Council Local Area Plans Cork County Council has adopted its Local Area Plans on 25th July, 2011, and the LAPs came into effect on 22nd August, 2011. Interim versions of the adopted LAPs are available on the website www.corkcoco.ie pending the printing of hard copies, to be available from October, 2011.