News May June 2012

NATIONAL NEWS Draft Guidelines on Development Contributions Phil Hogan T.D., Minister for the Environment, Community & Local Government has issued the Draft Guidelines on Development Contributions for consultation to 4 pm on Friday 7th September, 2012. The purpose of the Guidelines is to ensure that schemes reflect the current economic circumstances, and to achieve a greater level of consistency on a national basis. A key message is that development contributions are not cash-cows, and that future schemes should reflect the Government’s focus on job creation. Planning Authorities are required to include the following in their development contribution schemes: • Reduced rates of development contributions or waivers for development in town centres to support town centre development; • Waivers in the case of change-of-use permissions, where change-of-use does not lead to the need for new or upgraded infrastructure/services; • Reduced rates of development contributions for businesses grant-aided or supported by IDA/Enterprise Ireland or other local authority or state supported local development agencies, as well as reduced rates for developments that would progress the Government’s Jobs Initiative; • Provision to charge only net additional development in cases of redevelopment projects; • Waivers for broadband provision and sustainable energy infrastructure; and • Waivers in respect of works to protected structures. A recommended methodology for the preparation of schemes is included in the draft Guidelines. Local Authorities can also include options for deferred or phased payments to promote certain types of development. Planning Authorities are also required to ensure that their development contribution schemes promote the development of areas prioritised in the Core Strategy (with a complementary increase in the rate outside of these areas) Development Contribution Schemes not reviewed since January, 2009 should undertake a review by 30th September, 2012. Planning Authorities are also encourages the collection of unpaid contributions. Water services are to continue to be provided for in development contribution schemes pending the provision of a new water pricing policy framework. Further information is available on www.environ.ie. Draft Guidelines on Local Area Plans Phil Hogan T.D., Minister for the Environment, Community & Local Government has also issued a consultation draft of new Planning Guidelines for planning authorities in relation to the preparation and implementation of Local Area Plans (LAPs). LAPs must be prepared for towns with a population of over 5,000 and they may also be prepared for smaller towns or larger areas. They must contain maps for zoning and other objectives, as well as policies and objectives relating to physical, social and economic development for the area. One of the key objectives of the Guidelines is to ensure that future development is informed by need, in an evidence-based approach, having regard to Development Plans and Regional Planning Guidelines. There is a move to greater community involvement and participation in the plan-making process and the Guidelines underline the importance of a consensus-based approach to secure the sustainable development of communities: • LAPs are intended to provide more detailed planning policies for areas that are expected to experience significant development and change, through proper public participation and democratic oversight. Non statutory plans should therefore not be used as a basis for subsequent planning decisions. • LAPs must focus on delivering quality outcomes for local communities, informed by effective involvement by those communities in preparing the local plan and the wider planning policy context. • The LAP must identify the mechanisms that will secure the implementation of the necessary physical, social and environmental infrastructure required to achieve the objectives of the plan. The Guidelines include details on the statutory context for LAPs, the overall plan-making process (including key stages and timescales), advice on consultation, structure and content of LAPs and plan implementation. A best practice manual has also been published to accompany the Guidelines. This includes many case studies, from Ireland and abroad, of innovative approaches and best practice. The draft Guidelines are issued as a consultation draft until 4pm on 27th July 2012. Further information is available on www.environ.ie. Septic Tank Registration commences Phil Hogan T.D., Minister for the Environment, Community & Local Government has announced the details of the performance standards for septic tanks under the Water Services Acts 2007 and 2012 (Domestic Waste Water Treatment Systems) Regulations 2012. Homeowners who have a septic tank or waste-water treatment system need to register their system by 1st February 2013. The registration fee is €5 until 28th September 2012 increasing to €50 after that date. The risk-based system of inspections will commence in 2013 and will be objective and evidence-based, i.e. unless there is evidence of endangerment of human health or the environment, the system in place should pass inspection. The registration and inspection regime is to protect public health and the environment, and to ensure compliance with the European Court of Justice ruling against Ireland in October 2009 in relation to the treatment of waste waters from septic tanks and other on-site wastewater treatment systems. Further details can be found on www.protectourwater.ie. Department of Environment, Community & Local Government’s Planning Review Report The Minister for Housing and Planning, Jan O’Sullivan, TD, published the findings and recommendations of the planning review report on 12th June, 2012. The report sets out 12 actions that will address current deficiencies in the planning system and the Minister has given a commitment to implement all 12 actions. The recommendations in the planning review fall into two categories: (a) 12 recommendations that address issues such as changes to and consolidation of existing legislation, amendments to statutory guidelines, consistency across planning authorities and enhanced transparency. These recommendations will also be reviewed by an independent planning expert with a view to external assessment of their robustness and proposing any additional measures. (b) Six broader themes identified in the report which an independent planning expert will be tasked to examine and submit a report containing recommendations for reform. The recommendations where implementation will commence immediately are as follows: Recommendation 1: All proposed grants of permission by a planning authority in material contravention of their own Development Plan would automatically go to An Bord Pleanála for final determination while also providing for a public notification and participation process. Recommendation 2: The Department will urgently prepare and publish a consolidation of the Planning Acts and Regulations, and thereafter prepare to place these on a statutory footing in recognition of the complex and evolving nature of the planning code. Recommendation 3: (informed by specific reference to Cork City Council): The Department will address the problem of differing interpretations of Section 247 of the Act. At present there is an inconsistency between what the Act says (and specifically does not say under Section 247) and what the Guidelines say. Recommendation 4: (informed by specific reference to Meath County Council): As part of the consultation process on the draft Guidelines on Local Area Plans the potential amendment of 18(6) of the Planning and Development Act 2000 is being examined with a view to prohibiting the bringing forward of draft local area plans by landowners / prospective developers. Recommendation 5: (informed by general reference to all seven planning authorities): The Department will comprehensively review the existing Development Management Guidelines (last updated in 2007) to take account of all relevant findings of this review and of any further recommendations made under the next phase. Specific revisions should include, inter alia: • Reminding authorities of the need regularly to review decisions and policies governing such decisions, particularly where such decisions are overturned by An Bord Pleanála, and to take appropriate steps to amend and clarify such policies, in consultation with both elected members and with the public, where appropriate; Identifying and utilising examples of best practice for internal supervisory / management arrangements in planning departments; • Clarifying how records of pre-planning consultations should be dealt with; • Providing for regular review of planning decisions and policies governing such decisions, particularly where such decisions are overturned by An Bord Pleanála, and taking appropriate steps to amend and clarify such policies; • Introducing standardised approaches in planner’s reports listing and analysing the various policy and legislative considerations and the respective weightings applied to each in the decision making process. Recommendation 6: (informed by general reference to all seven planning authorities): The Department will consider and develop further mechanisms (both statutory and non-statutory) to ensure timely, responsive, communication of planning policy e.g. a mechanism such as statutory Planning Policy Guidance Statement(s). Recommendation 7: (informed by specific reference to Dublin City Council): The dissemination of best practice examples for internal supervisory / management arrangements for planning departments, to ensure consistent application of policy in the decision making process, should be advanced by the Department with the City and County Managers Association. Recommendation 8: (informed by specific reference to Meath County Council): The draft Local Area Plan Guidelines for planning authorities, inter alia, encourage effective public and community participation in the process of preparing and/or reviewing of local area plans. The Guidelines also provide further guidance to planning authorities and developers and other parties as to what assurances should be given regarding the preparation of both statutory and non-statutory plans to ensure that no concrete commitments are given to adopting such plans, unduly raising expectations and limiting the decision-making powers of elected members. These also set out clearly the purpose, requirements, preparation, consultation around, content and delivery of LAPs by planning authorities. Recommendation 9: (informed by specific reference to Dublin City Council): A Circular Letter will issue to planning authorities reminding them of the need regularly to review planning decisions and policies governing such decisions, particularly where such decisions are overturned by An Bord Pleanála, and to take appropriate steps to amend and clarify such policies, with both elected members and with the public, where appropriate. Recommendation 10: (informed by specific reference to Dublin City Council): The Department will examine the introduction of a structured mechanism for dialogue at a policy level between planning authorities and the Board providing for generalised feedback from An Bord Pleanála to planning authorities and vice versa ultimately enhancing the wider planning system. Recommendation 11: (informed by general reference to all seven planning authorities): The Department should strengthen the formal arrangements for Ministerial engagement with the County and City Managers’ Association (CCMA) on planning matters, with a view to meeting at least annually, and official level engagement with the CCMA Planning Sub-Committee at least quarterly. Recommendation 12: (informed by specific reference to Carlow County Council): Planning Authorities should become more proactive and communicate directly with the public, notwithstanding the ongoing engagement of locally elected members, in promoting public awareness and understanding of the planning system, particularly where significant changes or improvements are underway in order to ensure continued public confidence in the planning system at the local level. (To highlight the extent of the changes that have taken place on foot of the Quinlivan report and in order to assist in restoring the damaged reputation of the planning service in Carlow it is recommended that the County Council should initiate an awareness raising programme (public hall meetings, information briefings for local media). Implementation of the Quinlivan report remains ongoing as not all of the recommendations have been fully delivered; the Manager will be asked to provide a further progress report by end July.) In addition, the Minister has announced the planned appointment of an independent planning consultant who will be required to assess all actions contained in the planning review report and propose any additional measures deemed appropriate. The independent consultant will also be tasked with examining a number of broader themes identified in the report and submitting recommendations for further action. These are as follows: • Communication of planning policy; • Pre-planning application records; • Submission of draft Local Area Plans by individuals and groups; • Role of structured dialogue between planning authorities and An Bord Pleanála; • Means by which socio-economic considerations relevant to a proposed development can be central to the decision-making process; • Any remaining gaps or inconsistencies in existing package of statutory guidelines. Cork County Council, in response to the planning review, stated that the conclusion of the review found no substance in the complaints made by An Taisce against Cork County Council. The Council commented that the designation of An Taisce as a prescribed body under the Planning & Development Regulations, 2001 needs to be reviewed in the light of An Taisce approach to its role. Donegal County Council , in response to the planning review, stated that the assertion that councils continue to ignore national and regional planning policy is not borne out in practice with regular and detailed consultation at a regional and national level occurring through both the policy and decision making areas of the councils work. Consequently the ‘general picture of relative performance’ in the report is considered to be a distorted representation of the planning process in Donegal, ignoring its dominant rural character and its quite unique geographic location and demography. Ratification of the Aarhus Convention Ireland completed the ratification of the Aarhus Convention on 20th June, 2012. The Convention has its origins in Principle 10 of the Rio Declaration on Environment and Development of 1992. The Aarhus Convention lays down a set of basic rules to promote citizen’s involvement in environmental matters and improve enforcement of environmental law; its provisions are broken down into three Pillars: Access to Information, Public Participation in Environmental Decision-making and Access to Justice. The Convention has been implemented in the EU by two Directives; Directive 2003/4/EC on Access to Information on the Environment and Directive 2003/35/EC on Public Participation in Environmental Decision-Making and Access to Justice. The Convention is legally binding on those States that have chosen to become Parties to it. The agreement will enter into force on 18th September, 2012. RECENT AN BORD PLEANÁLA DECISIONS/APPLICATIONS/APPEALS OF NOTE Saorgus Energy, Cordal Co. Kerry (PL 04.239473) An Bord Pleanála overturned the decision of Kerry County Council to refuse permission for a 28no. turbine wind farm at Knockauncurragh, Coom, Glanowen, Glanawaddra, Cordal, Co. Kerry on 11th May, 2012. The proposed development site is located within the Mullaghareik Mountains, West Limerick Hills, Mount Eagle SPA and is proximate to the Blackwater cSAC and the Lower Shannon cSAC and part of the Mount Eagle Bogs NHA lies within the site. The appeal was subject to an oral hearing. The Council had refused permission on the basis that: • The application has not demonstrated that the proposed development will not give rise to water pollution during and after construction; • The application has not demonstrated that it would not have an unacceptable impact on the public road network; • The proposal could interfere with aircraft safety The Board Inspector commented that the essential difficulty was identified as silt laden run-off giving rise to pollution in the two river systems into which the site drains. The applicant had submitted details of the silt control works to be carried out as part of the appeal, including a concrete culvert and silt fences both above and below the additional cut for the improved access road. Further silt traps will intercept run-off from the realigned access track on both sides of the culvert. In relation to the impact on aircraft safety, the Board commented that: the windfarm is outside the exclusion zone for wind turbines set out in the Kerry County Development Plan (6 Kms) and the 15km obstacle limitation surfaces but even in such a case it may be appropriate in some circumstances to mitigate the intrusion of additional obstacles. Kerry Airport expressed the view during the oral hearing that any additional obstacles within the flight path of the runway should be avoided whereas the applicant argues that mitigation by turbine lighting is adequate. The IAA agrees with the applicant on this issue and subject to appropriate planning conditions, does not object to the proposal on aircraft safety grounds. Based on the evidence submitted I prefer the advice of the IAA, who are the national regulatory body for air safety, and I recommend that this issue does not comprise reasonable grounds for refusal. …while the airport’s concern for aircraft safety is laudable this is not a matter on which it is necessary to refuse planning permission – the airport should employ whatever standard of technology is best suited to its purpose of ensuring aircraft safety and it would be unreasonable to sterilise extensive areas outside the 6kms exclusion zone set out in the County Development Plan for windfarm development because of the potential for radar clutter. In relation to traffic impact, the Inspector commented that the planning authority’s concerns in relation to road safety relate to the delivery route for turbines from point of entry into the country to the site. The Inspector concluded that: Notwithstanding the planning authority’s legitimate concerns I consider that the delivery of turbines to the site is a matter of temporary construction impacts best resolved between the planning/roads authority and the applicant and not something which should give rise to a decision to refuse permission. The Miles Clonakilty, Co. Cork (PL 04.RH2045) A Bord referral on a dispute between the Planning Authority and the developer in relation to a Part V agreement for 37no. 2-storey houses constructed (6 unoccupied) out of 83 houses and 22 serviced sites (i.e. 105 units) permitted on a 5.4ha site at the Miles, Clonakilty, Co. Cork. The Board assessment concluded that: • The Leasing Option applies to planning applications determined under the Planning and Development (Amendment) Act 2010; • Part V requirement related to the total permitted development (i.e. 105 units); • The developer offered 5 social units and 17 affordable housing units; • Inspector recommended a financial payment equivalent to the value of 20% of the site (1.08ha), as was sought by the Planning Authority; • Board ruled that 5 houses (25%) be transferred as social housing, with a balancing payment in lieu of the remaining obligations (affordable housing) Grangegorman Strategic Development Zone Planning Scheme (PL29Z.ZD2005) The Grangegorman Development Agency’s Planning Scheme for the SDZ in grounds of St. Brendan’s Hospital, Upper Grangegorman, Dublin was approved with modifications on 10th May, 2012. In December 2010 the Government designated 28.69 hectares of land at Grangegorman as a site for a Strategic Development Zone (SDZ) in accordance with Section 166 and Part 1X of the Planning and Development Act 2000 (as amended). Dublin City Council made a draft planning scheme on the 25th July, 2011 under section 166 of the Planning and Development Act, 2000 The campus style scheme primarily for DIT, provides for approximately 380,000m2 health-related, educational, public building and mixed-use floorspace. Oriel House Hotel, Ballincollig, Co. Cork (PL04 .239752) An Bord Pleanála overturned the decision of Cork County Council to refuse permission to the Oriel House Hotel for the retention of a bore well and pump on 11th June, 2012. The well has been bored to a depth of c.123m. It is stated that the well is used for non-potable purposes only. The abstraction rate is stated as approximately 15-20m3/ day. The Council refused permission for two reasons as follows: 1. Having regard to the existing adequate public water supply serving the Oriel House Hotel from the Ballincollig Regional Water Supply Scheme and to the specific objective INF 5-6 of the Cork County Development Plan 2009, it is considered that the retention of a private bored well and pump to serve a large commercial development currently served by a public water supply and in an area well served by public water supply infrastructure would undermine the existing public water supply and recent infrastructural improvements in Ballincollig, set an undesirable precedent for similar private installations in Ballincollig and throughout the country and be contrary to the proper planning and sustainable development of the area. 2. Having regard to the location of this site within the development boundary of Ballincollig and the proposals to retain a bored well to serve the needs of an existing hotel, over which the applicant would have no control over development within the zone of contribution of the well, the planning authority is not satisfied that the proposed development would not be prejudicial to public health in this built up area, notwithstanding the submission of the hydrogeological report. The proposed development would, therefore be contrary to the proper planning and sustainable development of the area. The Board noted the concerns of the planning authority as expressed in the first reason attached to the decision to refuse permission, in relation to orderly development of water services infrastructure, but considered that the development plan policy in this regard does not have a clear policy on the development of bored wells to serve commercial or other development, such as would justify a reason for refusal of the subject development. ENERGY The Government’s Renewable Energy Strategy was published on 28th May, 2012. It reaffirms the Government’s commitment to reaching Ireland’s 2020 renewable energy targets, and confirms that the development of renewable is at the heart of Government’s energy policy. It outlines the strategic goals and 36 specific actions so as to maximise the economic potential of renewables in Ireland. The new strategy covers the period from 2012 to 2020. The Strategy indicates that Ireland will have the potential to export six to seven gigawatts of electricity by 2025. The initiative to develop a formal Memorandum of Understanding on renewable energy trading between the Ireland and the UK is to be progressed by the end of 2012. In this context, some Planning Authorities are in the process of preparing new renewable energy strategies. Donegal County Council, for instance, had included a new Wind Energy Strategy in its new County Development Plan 2012-2018. At Proposed Amendment stage, 1 1km distance from a turbine to all dwellings and built up areas. This Proposed Amendment was not voted through. Kerry County Council has issued its draft Renewable Energy Strategy 2012. The Stacks SPA has no further capacity for wind development in Kerry’s draft Renewable Energy Strategy 2012 which was out to consultation until 28th June, 2012. Other requirements appear to eliminate the possibility of any further large scale wind energy development in Kerry. The SEAI are holding a half day consultative forum on Tuesday 3rd July, 2012 at the Radisson Blu Hotel, Golden Lane, Dublin 2 (9am-2pm) to consider best practice in the deployment of renewable energy in Ireland, including draft guidance on developing and implementing local authority strategies to facilitate renewable energy. For further details email events@seai.ie. Mainstream plans 5GW Irish wind complex to pump power to UKMainstream Renewable Power has announced plans to host an onshore wind complex of up to 5GW solely dedicated to exporting electricity to the UK. The wind park, called Energy Bridge, across a swathe of rural land in the Irish midlands. It hopes to have the necessary planning permissions by 2015 and to begin exporting the first power by 2017, when it expects to have 1.2GW in place. The Irish company plans solely to use underground cabling for Energy Bridge and has already paid more than €500,000 to secure a grid connection to Britain. It has identified 900 landowners in the area who may be suitable to host turbines. Wind Energy Development and Planning Exemptions, Modifications, Extensions, Retention There will be planning issues faced by developers during the construction phase of a particular wind energy project, including changes to access roads, turbine power and height. The question arises as to what may or may not be acceptable under the terms of the grant of permission, without recourse to the planning process. In addition, delays in securing grid connection may mean that a particular permission needs to be extended. What is the potential for seeking retention permission? While there are planning exemptions in place e.g. for temporary met masts, construction of underground electricity cables, and some elements of grid connection, subject to a number of conditions, but most elements of a wind farm development will require permission. In relation to modifications to existing permissions, the key determining factors as to whether a further permission is required are to be found in the description of development and its assessment, and in particular the conditions attached to the relevant permission. Locational factors are also an influencing factor, with proposed modifications in or adjacent to Natura 2000 sites least likely to be acceptable without a further permission. Note however, An Bord Pleanála referral case reference PL88.RL2891, which concluded that the relocation, increase in height and length of turbines does not come within the scope of the permission granted, that there is no exemption and that they constitute development which is not exempted development. As regards extensions of permission where substantial works have been undertaken, Section 42(1)(a)(i) of the Planning and Development Act 2000 as amended and Planning and Development Regulations 2010 SI 406 of 2010 refer. What constitutes substantial works varies across Planning Authorities. No specific rule applies, but, in general, “substantial” should be given its ordinary meaning. Substantial works may include earthworks, including access tracks, undertaken/completed; turbines ordered; turbine foundations; turbines erected; significant surveys undertaken; compensatory habitats commenced. Section 42(1)(a)(ii) of the Planning and Development Act 2000 as amended and Planning and Development Regulations 2010 SI 406 of 2010 refer in cases where no works have been undertaken for reasons of a commercial, economic or technical nature. It is worth noting that extensions have been refused on the basis of the development not completing within a reasonable period (S42(1)(a)(i)(III)) (e.g. Cork County Council register reference12/4348). Note also the provisions of Section 28(7) of the Planning and Development (Amendment) Act 2010, which state that where a decision to extend an appropriate period has been made by a planning authority prior to the coming into operation of this section, the planning authority, where an application is made to it in that behalf prior to the expiration of the period by which the appropriate period was extended, may further extend the appropriate period subject to conditions. In relation to extensions of permission where no works have been undertaken, Section 42(1)(a)(ii) of the Planning and Development Act 2010 and Planning and Development Regulations 2010 SI 406 of 2010 refer. Retention permission can no longer be permitted where the development required an EIA or AA prior to commencement. An Applicant generally must apply to An Bord Pleanála for ‘leave to apply for substitute consent’ (where ‘exceptional circumstances’ must be proven to the Board). However, an application for ‘leave to apply for substitute consent’ is not required where the Applicant has been directed by a Planning Authority to apply for Substitute Consent, or where planning permission was granted for a development, but the decision was defective by reason of an Irish Court or European Court of Justice ruling. OTHER The EPA’s fifth State of the Environment Report 2012 was launched on 25th June, 2012. This shows that in some areas, such as waste management and air quality, Ireland is generally doing well. But it also shows that in other areas, such as nature protection, water quality and climate change Ireland has major challenges to meet and critical decisions to take to protect this resource. The Report outlines four key challenges which we must meet as a country in the coming years to protect our environmental resource and to meet the challenges we face: 1. Valuing and protecting our natural environment, in particular water and nature protection; 2. Building a resource-efficient, low-carbon economy; 3. Implementing environmental legislation; and 4. Putting the environment at the centre of our decision-making Cork Science and Innovation Park Cork County Council has appointed Mott MacDonald Ireland in June, 2012 as consultants to deliver the infrastructure package to drive the Cork Science and Innovation Park (CSIP) project forward. The proposed Cork Science and Innovation Park (CSIP) is to be built on a predominantly greenfield site, approximately 100 hectares in area, located between Ballincollig and Bishopstown, immediately to the west of the CIT campus. The site incorporates 7 areas of land, owned by separate landowners, one of which is UCC. The park is made up of six different development precincts. The infrastructure project will include: • the construction of a 2km access road (including 2 bridges), which will provide access to 5 proposed development clusters. • The provision of utility and water services to facilitate the development of a high-tech, high-specification Science Park The CSIP will be marketed at the competitive International Research and Development Market, inviting research and technology orientated companies to invest and develop operations on site. In potential employment terms, and developed floor area, the following are the targets: * CSIP Phase 1 – 42,000 sq.m Precinct Dev. – 1,320 employees/researchers * CSIP Phase 2 – 144,000 sq.m Precinct Dev. – 4,500 employees/researchers * CSIP Phase 3 – 363,000 sq.m Precinct Dev. – 11,354 employees/researchers The development of the Science Park and the associated infrastructure project will comply with the 2011 CSIP Masterplan, which was adopted by Cork County Council in October 2011. The cost of delivering the infrastructure project is estimated at €16 million. It is currently planned that an advance work services contract will be on site mid-2013. Site commencement of the roads infrastructure is planned for mid-2014, subject to statutory approvals. Separately, UCC has invited tenders to prepare a masterplan for its own lands (16.3ha, Precinct 2) in the Science Park. Metropolitan Joint Cork Retail Study 2012 Tenders are invited for the preparation of the Metropolitan Joint Cork Retail Study 2012, a retail study for the Cork gateway or ‘Metropolitan Cork’ on behalf of Cork City and County Councils as well as the Town Councils for Cobh and Midleton up to the year 2022. Metropolitan Cork is as defined in the Cork Area Strategic Plan (CASP), however the study must define and have regard to the retail catchment of the area and of the main retail centres in Cork City and environs where they extend beyond Metropolitan Cork. Metropolitan Cork is defined as Cork City, Ballincollig, Blarney, Carrigaline, Carrigtwohill, Cobh, Glanmire, Midleton, Passage West, and the Cork City South Environs and Cork City North Environs. Towns outside the Metropolitan Cork area are not included: they can develop their own framework for future retail development. Monard SDZ Draft Planning Scheme 2012 Cork County Council has issued a Draft Planning Scheme (DPS) to direct the development of the new town of Monard. The DPS is now on public consultation with submission due by the 31st July 2012. A new town has been proposed at Monard since the Cork Area Strategic Plan (CASP) in 2001. Monard Strategic Development Zone was established by Statutory Instrument (S.I. No.540 of 2010) on the 25th May 2010. Monard is the first SDZ to be designated outside the Greater Dublin Area, and the first one to involve a new town. The development zone is located north west of the City approximately 3km east of Blarney and comprises a total of 391 hectares. It is located within the Whitechurch DED and the existing rural population within the site is estimated at 150-200 persons located predominately in individual houses and farm complexes fronting onto roadways (over 23 different landowners). The DPS sets a population target in the area of 7,788 for 2020 in four villages as follows: Table 1: Aggregate Development Proposed in Monard SDZ Village Dwellings Floorspace (,000sqm) Minimum Maximum Minimum Maximum Lower Monard 1780 2095 2020 2747 Upper Monard 825 955 919 1240 West Village 820 964 870 1209 Kilcronan 1110 1300 1156 1622 Total 4535 5314 4965 6818 Following the consultation period, the County Manager is to prepare a report on any submissions or observations received and submit the report to the members of the authority for their consideration. Councillors will then decide whether DPS should be made, made with modifications, or not made. The decision of Cork County Council will list Variations / Modifications to the DPS. If it is decided to make the Planning Scheme, with or without modifications, anyone who submitted observations during the display period can appeal to An Bord Pleanála within 4 weeks. The key issue is that the overall the phasing / implementation section of the DPS needs to be strengthened substantially. Melbourne Business Park, Model Farm Road, Cork Cork City Council has refused permission for the change of use from business/enterprise/light-industry use permitted under 03/26870 (An Bord Pleanala Ref. 28.202800) to use as a veterinary clinic and all associated ancillary development works at Unit 6, Block A, Melbourne Business Park, Model Farm Road, Cork. The application was subject to a Material Contravention procedure. The key issues raised during the assessment of the application were the applicant’s case that a veterinary clinic was the same use class (Class 8(a)) as a medical use (medical uses being permissible in exceptional circumstances in business and technology zones), but the objector referred to case reference PL28RL. 2903, where the Board considered it to be a sui generis use and also the incremental loss of the business and technology zone. An earlier application to convert Block A into a local centre was refused on grounds of the material contravention of the zoning objective. This is currently at appeal (PL28. 240019). O’Regans Quarry Products Limited, Tullig More, Dripsey, Co. Cork Cork County Council refused permission for the completion of the continuation of use of a 32.2ha quarry, and development of a 2.5ha area for construction and demolition waste recycling and green waste composting, provision of hardstanding areas, internal roadways, settlement pond and phased restoration programme, extension of duration of permission granted under planning register reference 06/11310 on the basis of the development not completing within a reasonable period (S42(1)(a)(i)(III) of the Planning and Development Act, 2000 as amended. Extension of duration under Section 42(1)(a)(ii) of the Planning and Development Act 2000 as amended It is no surprise to see a significant number of applications for extension of duration under Section 42(1)(a)(ii) across the country. Section 42(1)(a)(ii) provides for extensions of duration of existing planning permissions for up to 5 years where no work has been carried out due to commercial, economic or technical reasons outside control of applicant. However, a Planning Authority can refuse permission where: • significant policy change has occurred in the Development Plan or RPGS or S28 Guidelines which would render development inconsistent with proper planning and sustainable development; • an EIS or AA if required was not carried out Notable cases in the Cork area include Glengarrif Castle Partnership, Dromgarriff, Co. Cork, Application Reg Ref: 11/294, where 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. Tim Horgan was refused an extension of duration of permission granted under 06/9815 for 85no. residential properties and all associated site works and services at Old Cork Road, Knockbrogan, Bandon, Co. Cork (12/04844) for the following reason: The site of the development is within an area identified as being liable to flood. Consequently, a Flood Risk Assessment is required in accordance with the procedures set out in ‘The Planning System and Flood Risk Management Guidelines for Planning Authorities’ (2009), to which the Planning Authority must have regard. The Planning Authority, in dealing with applications under section 42, cannot revisit planning issues, including matters relating to flooding. The Planning Authority is, therefore, precluded from granting an extension of the appropriate period having regard to the provisions of section 42 (1)(a)(ii)(III) of the Planning and Development (Amendment) Act, 2010.