November – December News 2011

NATIONAL ISSUES An Bord Pleanála’s Annual Report 2010 An Bord Pleanála has issued its 2010 Annual Report. Among the key items of the report are the following: • Intake of new cases: 2,850 (down 25% on 2009); • Cases determined: 3,248 (down 36% on 2009); • 18 week statutory objective met in 63% of cases compared to 26% in 2009: the Board’s strategic target is 90% • The rate of reversal of Local Authority decisions appealed increased to 36% in 2010 from 34% in 2009; • In the current economic climate, the Board is conscious of the need to process cases relating to major infrastructural projects and those with job-creation potential in the shortest possible timeframe. Draft Retail Planning Guidelines 2011 The Department of the Environment, Community & Local Government has issued the draft Retail Planning Guidelines for consultation. The key issues raised are as follows: (a) A refocus on the city and town centre, reinforcement of the sequential approach, and the need for an evidence-based retail impact assessment (b) A requirement of Planning Authorities to undertake vitality and viability healthcheck assessments; (c) A metropolitan (Dublin, Cork, Galway, Limerick/Shannon and Waterford), regional (other Gateways and Hubs), sub-regional (towns such as Midleton) and small towns/rural areas retail hierarchy is proposed; (d) The convenience retail floorspace cap is proposed to be increased to 4,000m2 in the four Dublin local authorities; 3,500m2 in Cork, Galway, Waterford and Limerick/Shannon; and 3,000m2 elsewhere; (e) Retail warehouse cap is maintained at 6,000m2, but there can be an exemption from this cap in Dublin, Cork, Galway, Limerick/Shannon and Waterford; (f) Petrol station convenience shops cap is maintained at 100m2; (g) No distinction between discount foodstores and other convenience stores; (h) Local/neighbourhood centres indicated to comprise a small group of local shops; and (i) Stricter controls on the nature of goods sold in retail warehouse parks, with ancillary products limited to 15% of total net floorspace, and the requirement for Planning Authorities to monitor compliance in existing retail warehouses with the option of enforcement action where appropriate. The draft Guidelines are out to consultation until 4pm on Tuesday 20th December, 2011. Review of Quarries A number of local authorities across the country have issued notice of their intention to examine quarry in their administrative areas to determine, in relation to that quarry, whether having regard to the Environmental Impact Assessment Directive and the Habitats Directive, one or more than one of the following was required but was not carried out: (i) an environmental impact assessment; (ii) a determination as to whether an environmental impact assessment is required; (iii) an appropriate assessment. In certain instances where the Local authority determines in relation to a quarry that an environmental impact assessment, a determination as to whether environmental impact assessment was required, or an appropriate assessment, was required but was not carried out enforcement action may ensue. The Act provides that any person may make a submission or observation in writing without payment of a fee to the relevant local authority in relation to any quarry in its administrative area, not later than 6 weeks after the date of publication of their notice. Those Authorities that have already issued such a notice include; Meath County Council. Cork County Council, Kildare County Council, South Tipperary County Council and Dun Laoghaire Rathdown County Council. Cork County Council, for example, has invited submissions until 4pm on 27th January, 2012. A copy of any notice that is issued to the owner or operator of a quarry, directing him or her to apply to the Board for substitute consent or informing him or her that the Planning Authority intends to issue an enforcement notice under Section 154 of the Planning and Development Acts 2000-2010 in respect of the quarry, shall be given to a person who, within the stated timeframe, made submissions or observations. An owner or operator of a quarry to whom a notice is issued, and any person to whom a copy of such a notice is given, may apply to the Board for a review of a determination or a decision, or both, of the Planning Authority referred to in the notice, and that no fee in relation to the application for a review shall be payable. Development Plans Update Clare County Council proposes to alter the Draft West Clare Local Area Plan 2012-2018. The proposed alterations would, if made, be a material alteration of the draft Local Area Plan. The closing date for receipt of submissions is 4pm on the 13th of January 2012. Clare County Council has prepared a Draft Shannon Town and Environs Local Area Plan 2012 – 2018 for public consultation. Written submissions and observations may be made until the 1st February 2012. Clare County Council and Ennis Town Council have made Variation No. 2 to the Ennis and Environs Development Plan 2008-2014. The variation no. 2 came into effect on 14th November 2012. Clonmel Borough Council and South Tipperary County Council intend to review the existing Clonmel and Environs Development Plan 2008 and to prepare a new development plan for the area. Submissions or observations may be made by 13th February 2012. Offaly County Council are proposing a Variation (No.1) to the Offaly County Development Plan 2009– 2015 consisting of consists of the inclusion of a Core Strategy and the removal of the Portarlington Town Plan. The removal of the Portarlington Plan is in order to rationalise the current plans in force for the town and avoid a scenario where there are two statutory plans in force for Portarlington at the same time. In addition, the potential for conflict between two statutory land use plans in one administrative area will be removed. The closing date for receipt of submissions is 4pm on the 16th January 2012. ENERGY NEWS BirdLife Europe’s Report on Meeting Europe’s Renewable Energy Targets BirdLife Europe is calling for “ambitious” and “binding” EU renewable energy targets for 2030. In its new report, ‘Meeting Europe’s Renewable Energy Targets in Harmony with Nature’, the conservation body says that renewable energy targets can be met without harming nature. Ariel Brunner, Head of EU Policy in BirdLife Europe says: “Climate change is a grave threat to both wildlife and people…….wind, wave and ocean power are essential and effective ways to cut carbon emissions, and do not need to put birds, bats or other wildlife in danger. Our report is essential reading for policy-makers across Europe as renewable energy moves to centre stage in the fight against dangerous climate change.” BirdLife Europe supports achieving and going beyond Europe’s 2020 renewables target, in line with four key principles. • Renewable energy supply must make a significant difference in reducing greenhouse gas emissions. • Positive planning frameworks are needed so that the most appropriate energy sources are exploited in the most appropriate places. • Harm to birds and biodiversity must be avoided when locating and designing renewable energy facilities. Established survey, design and operation practices reduce or eliminate such risks. • Europe’s most important sites for wildlife must be protected. Where significant impacts on a Natura 2000 site (those protected under the Birds and Habitats Directives) are likely, development may only proceed under strict conditions, which must be robustly applied. BirdLife Europe/International is a global Partnership of conservation organisations that strives to conserve birds, their habitats and global biodiversity, working with people towards sustainability in the use of natural resources. Seventeen organisations participated in the making of the report, including BirdWatch Ireland and the UK’s RSPB. Improved access to the grid for wind farm developers Wind farm developers have been granted improved access to the electricity transmission grid following a change to the rules that removes a significant market risk for them. After representations from EirGrid, the Commission for Energy Regulation has changed market access rules giving 1621MW of wind power, representing 131 wind farms, the prospect of improved access to the electricity market. Previously developers who had been offered connections to the grid before 2007 had to wait for associated reinforcement works to be completed before being allowed full market access rights. Now they will be able to avail of incremental levels of market access in line with the completion of network reinforcements. Studies completed to date by EirGrid indicate that 36 wind farms, totalling 529 MW, will get improved access to the grid following the rules change. The remaining studies will be completed by the end of the year. Better Energy Homes scheme The Better Energy Homes scheme temporarily closed for new applications following Budget 2012 and a subsequent announcement by the Minister for Communications, Energy and Natural Resources re-opened for new homeowner applications on 8th December, 2011. A number of scheme revisions have been agreed and the two key changes to the scheme are: • Revised grant amounts for all wall insulation types and Building Energy Rating (BER) • Internal and external wall insulation grants will no longer be one single amount, but rather be based upon the house type. Grants for attic insulation and all heating system upgrades including solar remain unchanged. As with all schemes administered by SEAI, the Better Energy Homes scheme is subject to continuous review with the Department of Communications, Energy and Natural Resources with respect to programme objectives. To date over €115m has been paid in grant support towards 270,000 upgrade measures in 110,000 homes. New application guide, application forms and online application system will become available to homeowners from 10:00a.m. on Thursday 8th December 2011. RECENT COURT DECISIONS OF NOTE In case JC Savage Supermarket Limited and Des Becton v An Bord Pleanála (Respondent) and Lidl & Ors (Notice Parties) (Unreported, High Court, Charleton J., 22nd November, 2011) where JC Savage Supermarket Ltd withdrew a judicial review case six weeks before the commencement of the trial date, and where Lidl sought full costs, the Court confirmed that the new costs provisions of Section 50B of the Planning and Development Acts 2000-2010 do not apply in non-environmental impact assessment cases. The Court however did award Lidl one third of its costs on the basis of the ‘exceptional circumstances’ of the case. In case Urrinbridge Limited v An Bord Pleanála (Unreported, High Court, MacMenamin J., 28th October, 2011), after the third party appellant had withdrawn its appeal to the Board on 28th January, 2011, but the Board issued its notification to refuse permission on 31st January, 2011. Urrinbridge Ltd sought leave to seek judicial review and the case was heard in July, 2011. The Board contended that it had determined the appeal on 25th January, 2011, and that any subsequent withdrawal of the appeal could not alter the fact that a determination had been made, and that the appeal had ended prior to the receipt of the letter withdrawing the appeal. The court did not agree, in that the determination is not the final step in the decision-making process. The court held that the matter had already been impliedly been decided by the High Court in Friends of the Curragh Environment Ltd v An Bord Pleanála & Ors. The court set aside the order of the Board to refuse permission on the grounds that the Board had acted ultra vires. The Board is now proceeding with an application for a certificate granting leave to appeal the decision of the court to the Supreme Court. This is listed for hearing on 16th December, 2011. RECENT AN BORD PLEANALA DECISIONS OF NOTE An Bord Pleanála has granted planning permission for the construction of the DART Underground, Board reference PL29Z. NA0005, on 14th December, 2011. Iarnród Éireann has welcomed the decision of the planning board to grant a Railway Order – the equivalent of planning permission – but acknowledged the project, which would run from Dublin’s Docklands to Inchicore, will not be going ahead in the foreseeable future. The project will however be revisited in 2015 for the next capital investment programme. The DART Underground is proposed to run from Dublin’s Docklands to Inchicore and is to connect all rail systems that run through the city including the DART, Commuter, Intercity, and Luas services as well as the proposed Metro North, the latter which also been postponed. In appeal reference PL07 .239118 for a ten year planning permission to construct a windfarm consisting of 23 wind turbines, sub-station, wastewater holding tank and ancillary works at Seecon, Lettercraffro, Derradda, Co. Galway. (11/429) by Coillte and SSE Renewables Irl, the Board overruled the recommendation of the Inspector to refuse permission for reasons of prematurity and and deficit of information on cumulative construction phase environmental impact when taken in combination with permitted and planned wind farm development for the area for the following reasons: Having regard to the: (a) national targets for renewable energy contribution of 40% gross electricity consumption by 2010 (b) “Wind Energy Development Guidelines – Guidelines for Planning Authorities”, issued by the Department of the Environment, Heritage and Local Government (2006) (c) policies of the planning authority as set out in the Galway County Development Plan (2009 – 2015), as varied (d) distance to dwellings or other sensitive receptors from the proposed development (e) topography of the site (f) mitigation measures proposed in the Environmental Impact Statement it is considered that, subject to compliance with the conditions set out below, the proposed development would not give rise to significant adverse effects on the integrity of the Connemara Bog Complex Special Area of Conservation, or the Oughterard District Natural Heritage Area, would not have an unacceptable impact on the landscape, would not seriously injure the visual or residential amenities of the area or of property in the vicinity and would be acceptable in terms of traffic safety and convenience. The proposed development would, therefore, be in accordance with the proper planning and sustainable development of the area. In carrying out an environmental impact assessment in accordance with the provisions of the EIA Directive, the Board had regard to the following: • The Environmental Impact Statement submitted with the application, including the findings of the Natura Impact Statement, which found there would be no significant impacts on the integrity of the Connamara Bog Complex SAC or Lough Corrib SAC or on protected habitats and species, • The submissions/observations made to the Board during the course of the consideration of the application, • The report and recommendation of the person appointed by the Board to report on the matter, including the EIA contained in the Inspectors report In deciding not to accept the Inspector’s recommendation to refuse permission, the Board noted that the Wind Energy Strategy was adopted in Variation No. 2 of the Galway County Development Plan 2009-2015 on the 26th of September, 2011 and that strategy had been subject to Strategic Environmental Assessment and had been screened for impacts on Natura Sites under the EU Habitats Directive. The site is located in a Strategic Area for wind energy. The Inspectors concerns regarding the cumulative effects of wind farm construction activities in the general area, could be mitigated by a co-ordinated construction phasing condition, where the timing of works could be supervised by a monitoring group, including the developer, the planning authority, NPWS and the IFI, as the proposed development and the permitted wind farm at Cloosh were within the same land ownership. In appeal reference PL07 .238762 for permission to construct 7 wind turbines, anemometry mast, ancillary site works including borrow pits. Shannagurraun and Truskaunnagappul, Galway. (10/1225) by Enerco Energy Limited, the Inspector had recommended refusal for two reasons as follows: 1. The proposed development is located on a prominent site within an open landscape on elevated ground which is part of the Connemara Bog Complex proposed Natural Heritage Area. Part of the site is within the Connemara Bog Complex Special Area of Conservation, and the remainder of the site is surrounded by it. Furthermore, the site is located partly within a Class 3 Landscape with a “High” Landscape Sensitivity designation and partly within a Class 4 “Special” Landscape Sensitivity designation, as set out in the current Development Plan for the area. Notwithstanding the location of the site within an “Area for Consideration” for wind energy, as designated in the current Development Plan, it is considered that the proposed wind energy development, by reason of its location in this 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 this landscape. The proposed wind farm development would erode the visual and environmental amenity of this area and would contravene the objectives of the Development Plan 2009-2015 to protect this sensitive landscape designation. The proposed development would seriously injure the amenities of the area, would interfere with the character of the landscape which it is necessary to preserve and would, therefore, be contrary to the proper planning and sustainable development of the area. 2. The proposed development is located in the Connemara Bog Complex proposed Natural Heritage Area. Part of the site is within the Connemara Bog Complex Special Area of Conservation, and the remainder of the site is surrounded by it. These sites have been selected for the conservation of active blanket bog, an Annex I Priority Habitat, which is present on the site. It is considered that the likely significant effects of the proposed development on priority habitats within and outside the site by virtue of the proposed alterations to topography and drainage patterns would result in an unacceptable degradation of the protected habitat, and would also result in an unacceptable risk to downstream watercourses by virtue of the risk of the release of suspended solids, particularly at construction stage. It is, therefore, considered that the proposed development would have a significant adverse effect on the integrity of the Annex I Priority Habitat and would be contrary to the proper planning and sustainable development of the area. However, the Board overruled the recommendation of the Inspector as follows: Having regard to the: (a) national targets for renewable energy contribution of 40% gross electricity consumption by 2020 (b) “Wind Energy Development Guidelines – Guidelines for Planning Authorities”, issued by the Department of the Environment, Heritage and Local Government (2006) (c) policies of the planning authority as set out in the Galway County Development Plan (2009 – 2015), as varied (d) cut-over bog habitat of the site (e) proximity and availability of a grid connection to serve the proposed development (f) limited number of turbines proposed (g) distance to dwellings or other sensitive receptors from the proposed development (h) good transport access (i) submissions made in connection with the application and the appeal it is considered that, subject to compliance with the conditions set out below, the proposed development would not give rise to significant adverse effects on the integrity of the Connemara Bog Complex proposed Natural Heritage Area or of the Connemara Bog Complex Special Area of Conservation, would not have an unacceptable impact on the landscape, would not seriously injure the visual or residential amenities of the area or of property in the vicinity and would be acceptable in terms of traffic safety and convenience. The proposed development would, therefore, be in accordance with the proper planning and sustainable development of the area. In deciding not to accept the Inspector’s recommendation to refuse permission, the Board had regard to the following: (i) The Board noted the Inspector’s concerns in relation to the potential for visual impact arising from the proposed development on this open, elevated site. While the Board accepted that a certain level of visual impact would arise as a result of this development and its layout, it was considered that this was not sufficient to warrant refusal of permission in this case, and it was considered that the landscape in this area was adequately robust to absorb the limited scale of development proposed. (ii) The Board also noted the Inspector’s concerns in relation to the proposed alterations to topography and drainage patterns, but had regard to the modified nature of existing topography and drainage patterns on the site due to the history of peat extraction. Furthermore, the Board recognised the Inspector’s concerns in relation to downstream watercourses due to risk of release of suspended solids, particularly during the construction stage, but considered that appropriate drainage design and construction methodologies provide a practicable and achievable means of effective management of suspended solids. The Board was satisfied that the development as proposed would not have a significant adverse impact on protected habitats or species, or on the integrity of the Connemara Bog Complex Special Area of Conservation. An application by Clare Coastal Wind Power Ltd for a proposed windfarm (to be known as Shragh Wind Farm), comprising 45 No. Turbines in the Townlands of Carrowmore South, Einagh, Moanmore North, Doonbeg, Mountrivers, Sragh and Drumellihy has been made on 24th October, 2011 to the Board under reference PA0025. (www.shraghwindfarm.com) Under case reference PL08 .239233, the Board overturned the decision of Kerry County Council and granted a 10 year permission to SSE Renewable Ireland Ltd for 9 wind turbines, 1 meteorological mast, 1 substation, 3 new site entrances, new and upgraded internal site service road, underground cabling Leanamore, Lislaughtin, Gurteennacloona, Ballylongfort, Kerry on 10th November, 2011. Kerry County Council had refused permission for two reasons: 1. The open and exposed location, scattered layout, close proximity to residential property and public roads and cumulative impact with other wind farms of the proposed development would seriously injure the visual amenity, rural character and natural beauty of the area. 2. The noise from the proposed development would be detrimental to health and wellbeing of nearby residents and detrimental to the amenity and value of residential property. The Board completed an Environmental Impact Assessment and an Appropriate Assessment and concluded that the proposed development would not have a significant adverse effect on the environment or adversely affect the integrity of any European Site. The Board decided by a majority of 2/1 to grant permission generally in accordance with the Inspector’s recommendation, subject to the following draft reasons, considerations and conditions. Having regard to: (a) the national policy with regard to the development of sustainable energy sources, (b) the “Wind Energy Development Guidelines” – Guidelines for Planning Authorities issued by the Department of the Environment, Heritage and Local Government in June, 2006, (c) the character of the landscape and the pattern of development in the area, (d) the policies of the planning authority as set out in the current Kerry County Development Plan, including the location of the site within an area designated as “open for consideration “ for wind energy and outside any designated high amenity area, (f) the distance to dwellings or other sensitive receptors from the proposed development, (g) the submissions made in connection with the planning application and the appeal, it is considered that, subject to compliance with the conditions set out below, the cumulative visual impact of the proposed development taken together with existing and permitted windfarms in the area would be acceptable in terms of visual and residential amenity would not have a significant adverse impact on the landscape, would not give rise to any significant impacts on the natural heritage of the area or adversely affect the integrity of any European site or any protected species. The proposed development would, therefore, be in accordance with the proper planning and sustainable development of the area. In case reference PL04 .239285 for the construction of 3 storey, 24 classroom school with ancillary works at Carriganarra, Carrigrohane, Ballincollig, Co. Cork, the Minister for Education and Skills appealed the attachment of Condition 2 which required contribution of €246,603.06 in respect of public infrastructure and facilities in accordance with s.48 General Development Contribution Scheme. The planning authority position was that it did not accept that Article 157 can be interpreted to include a government department., and that it is clear from the ‘Guidance notes’ for the 1994 Regulations (prg 7.6 page 65), that the term voluntary organisations used in these articles is not meant to be interpreted to include ‘local authorities, health authorities, VEC’s or Government agencies or departments’. The planning authority considered that the phrase ‘development proposed to be carried out by or on behalf of a voluntary organisation‘ contained in Article 157 is not an ambiguous reference to the status of the applicant and that a prerequisite for compliance with Article 157 is that the applicant be a ‘voluntary organisation’. Consequently, as the applicant is the Minister for Education and Skills and a planning fee was deemed feasible it is considered that the reductions in development contributions are not applicable. The Inspector concluded that: • While it is proposed by the Minister for Education and Science, it is proposed on behalf of the Board of management of the school which would be running the school, and, • The proposed development is designed and intended to be used for educational purposes by the inhabitants of the locality (i.e. those within the catchment area of the school), and • Not to be used mainly for profit or gain. Therefore, the proposed development meets the criteria for reduced (in this case by 100%) contributions as specified in the General Development Contribution Scheme 2004 for Cork County Council. The Inspector commented that in this regard whether Minister or a government department falls within the definition of a ’voluntary’ organisation is not relevant as the Article 157 is clearly refers to ‘by or on behalf of a voluntary organisation‘. As such there is no requisite requirement that the applicant’ be’ a voluntary organisation as suggested by the planning authority. The Board agreed. The Board is satisfied that the proposed development is to be carried out on behalf of a voluntary body, is designed and intended to be used for educational purposes by the inhabitants of the locality, and is not for profit or gain. The proposed development, therefore, comes within the criteria for a 100% reduction of the contribution payable as set out under the terms of the Cork County Council Development Contribution Scheme 2004. The Board, therefore, considered that the terms of the Development Contribution Scheme had not been properly applied and condition number 2 should be removed. In case reference PL04 .239241 for the change of use of 15 holiday homes from short term letting to general holiday home use, at Whelyn Lodges, Castletownbere, County Cork. Applicant B.Donohue and D.Swinburne. The Board overruled the decision to refuse permission by Cork County Council and the recommendation of the Inspector to refuse permission for the following reasons: Having regard to the planning history of the site, to the nature of the development subject of the application and to the provisions of the Cork County Development Plan, 2009, it is considered that, subject to compliance with the following conditions, the proposed development would not seriously injure the amenity of the area or tourism related activity in the vicinity and would be acceptable in relation to the settlement policy of the planning authority and in terms of the proper planning and sustainable development of the area. In deciding not to accept the Inspector’s recommendation to refuse permission, the Board considered that a grant of permission for the proposed development would not have a significant bearing on the settlement policy for coastal areas of the planning authority, having regard to the planning history of the site, which has been subject of holiday home development of different scale and quality over a number of decades. The Board accepted that there is a need to facilitate a change in the planning circumstances of the development in order to ensure its future viability. The Board also accepted that a management company could adequately maintain site services. Of equal interest is the fact that whereas the Inspector noted an authorised house on site (No. 16), the Board determined that this house was not included in the planning application. The Board considered that the status of this house is not a matter before it in the context of the current appeal. (The Inspector had commented that the question arises as to whether the Board can grant permission for the change of use on a site where such an unauthorised development, especially considering the ambiguity concerning the wastewater disposal for the extra unit). The M20 Cork-Limerick Motorway Scheme, Board reference MA0010/HA0027 was withdrawn by Cork County Council on 22nd November, 2011. Aldi Stores (Ireland) Ltd appealed the decision to refuse permission for the construction of a single storey discount foodstore and all associated site works at Monread Road, Naas, Co. Kildare.( Kildare County Council and Naas Town Council, PL09 .239286 and PL73 .239288). The Inspector recommended a refusal for the following reason: Having regard to the existing retail provision in the town centre and to the scale of existing out of centre retail provision (Tesco Extra Store and other retail outlets on the Monread Road) within the environs of the subject site and also retail provision located in Sallins which is within close proximity to the appeal site, it is considered that the proposed development would reinforce a large concentration of convenience retail activity on the northern side of Naas, not within the town centre which would seriously injure its viability and vitality, would be contrary to policy objectives CS8 and RP6 of the Naas Town Development Plan, 2011 – 2017 thereby, be contrary to the Retail Planning Guidelines, 2005, the Regional Planning Guidelines, 2010 – 2022, and to the proper planning and sustainable development of the area. In overturning the Planning Authorities’ decision and the Inspector’s recommendation, the Board determined that: Having regard to the pattern of existing and permitted development in the area, it is considered that the proposed development would not prejudice the layout for the landholding. The proposed development would therefore, be in accordance with the proper planning and sustainable development of the area. In deciding not to accept the Inspector’s recommendation to refuse permission, the Board acknowledged that a concentration of retail development on the northern side of Naas has occurred but that had been envisaged as part of the development plan process, which had been recently reviewed and the zoning remained unchanged; the extant permission on site provided for nearly 12,000 square metres of retail space and considered that, given the limited scale of the proposed development, it would not adversely affect the vitality and viability of the town centre of Naas. ERAS ECO Ltd proposals to upgrade an existing waste recovery/transfer and sludge drying facility at Foxhole, Youghal, Co, Cork, reference PC0128, has been determined not to constitute Strategic Infrastructure The Board has overturned Cork City Council’s decision to refuse permission for modifications and alterations to the Department of Education and Skills for a primary school granted under PL 28.224758 at the Tank Field, Murmount Avenue, Montenotte/Mayfield, Cork, reference PL 28.239373. In case reference PL07 .239366 for the change of use of existing premises from truck servicing and storage by Walsh Waste Ltd to facility for separation and storage of construction and demoliton waste and dry commercial/municipal waste. Deer Park, Co. Galway (11/470) The Inspector had recommended that Further Information be required, but the Board granted permission, with the following direction: Note 1: The Board decided to limit the change of use for a temporary period of 5 years, unless a further grant of permission is obtained. The reason for this temporary grant arises from the concerns of the Inspector regarding the capacity of the building to accommodate the 8,000 tonnes throughput of waste within the confines of the building. The Board is of the view that with good management, this throughput could achieved, without affecting the amenities of property in the vicinity. However, to protect the amenities of property in the vicinity, the development would need to re-assessed within 5 years, to ensure this is the case. Note 2: The Board considered that the public notices for the proposed development were adequate and that any minor handling of waste on the site was not material to the application. Note 3: The Board considered that a special development contribution for road improvements outside the site was warranted, in the event that the developer did not have the authority to carry out the works to the public road as set out in the road safety audit that accompanied the application. Note 4: In relation to the application of the general development contribution scheme to the proposed development, the Board considered that it was in the discretion of the planning authority in the first instance, to apply the terms of the scheme. As the planning authority chose not to, the Board did not consider a general financial contribution appropriate.