Draft Monasterevin Plan on Display

The draft Plan for Monasterevin 2015 – 2021 is now on display with submissions sought by 10th April 2015.

Draft Kilcock Plan On Display

The draft Plan for Kilcock 2015 – 2021 is now on display with submissions being sought by 1st April 2015.

Submissions Sought on new Plans for Celbridge and Leixlip

An issues paper has been published by Kildare County Council Planners and is now on display. Submissions are being sought by 31st March and these will be taken into consideration in the preparation of the draft plans for these towns.  Collinstown which was to become a major town centre under will now be amalgamated into the Leixlip Plan.  The area of Castletown will now be included in the Celbridge Plan.

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Kilcullen Local Area Plan 2014-2020

The Kilcullen LAP 2014 – 2020 has now been adopted and is available to view on the Council’s website.

PROPOSED LOCAL AREA PLAN FOR KILCULLEN 2014-2020

Kildare County Council has prepared a Local Area Plan (LAP) for Kilcullen.

Copies of the proposed Local Area Plan may be inspected for a period of 6 weeks from 7 May 2014 to 17 June 2014 inclusive at the following locations:

Planning Office, Kildare County Council, Kilcullen Library, Kilcullen Heritage Centre and on the Council website.

Submissions or observations are being received up to 5.00 p.m. on 17 June 2014.

Extension of Duration of Planning Permission

I have been asked to comment on applications for extension of the life of a planning application, or to give it its formal title, extension of duration of the appropriate period.

Many people seem to be under the impression that this is a straight forward procedure whereby you simply fill out the application form, plea your case in terms of economic conditions, pay your €62 and the Council will rubber stamp the extension for another 5 years.

In fact the process is far more complicated than this and a positive result is certainly not guaranteed. Effectively the process involves a comparison of guidelines, policies and objectives between when the permission was granted and those in place now. If effect the applicant needs to:

– demonstrate that there have been no significant changes in the development objectives in the development plan or in regional development objectives in the regional planning guidelines since the date of the permission

– demonstrate that there have been no guidelines issued by the Minister after the date of the grant of permission that the development would contradict,

– establish if an environmental impact assessment, or an appropriate assessment, or both of those assessments, if required, was or were carried out before the permission was granted.

Simply filling out the relevant form means that the planners will make a decision based on their own interpretation of the facts. I would strongly advise that a planning consultant is brought in order to review the situation. It is imperative that a review of the guidelines, policies etc at the time of the decision is carried out and a review of the current guidelines, policies etc also carried out. Has there been any significant changes to development plan objectives? Have there been any changes in terms of national planning guidelines? Is the development likely to impact on a NATURA 2000 site.

From experience one of the main issues which arises is planning applications which have been granted in areas that are now within floodplains. This needs to be checked before any application is lodged to see what can be done. The application cannot be changed or altered but maybe a floor risk assessment might address the issue.

The amount of time for further information is limited to only 4 weeks so it is advised to be properly prepared before lodging rather than scrambling to get information together within such a tight timeframe.

One of the other big issues is to what level of detail do the planners go to in terms of undertaking a comparison of guidelines, policies etc. There are examples of relatively minor changes to objectives which have resulted in refusals of extensions which seems quite harsh. Other Councils tend to be more relaxed in their approach.

The key advice however is to be very careful in dealing with such applications and to ensure that the homework is done to identify any potential problems before applying.

I have also recently been involved in an extension of duration application that was refused but we advised to reapply under the basis of substantial development (following a burst of development) and the application was successful the second time around. The legislation and case law around what constitutes substantial is very interesting but that is another days work.

Bord na Mona Announces Proposed Large-Scale Windfarm Devlopment in East Offaly and West Kildare for Energy Export

Clean Energy Hub’ is Bord na Móna’s planned approach for the development of a number of linked wind farms in the East Midlands on cutaway peatlands coming out of peat production.  According to the Bord na Mona website the new green energy project will generate some 2GW of electricity when fully operational and create an export business of €1billion annual revenue for the State owned company.  It will involve the development of a number of separate wind farms that will be principally centred on the company’s extensive 20,000 ha of cutaway peatlands in East Offaly and West Kildare. The company has set a target of 2020 to bring this project on stream.  Bord na Móna has announced plans for an extensive Community Consultation Programme across the Midlands commencing in the coming weeks. The programme will see the company engage with local groups and stakeholders as it draws up its detailed planning applications in the coming months.  The announcement of the Bord na Mona project, along with the two private companies looking to established large-scale windfarms for energy export, means that the issue of windfarm development is to remain a hot topic of debate in the midlands for the foreseeable future.

Motion to Vary Kildare County Development Plan to Restrict Wind Farm Development

In a move replicating motions which have been passed by Westmeath and Offaly County Councils, Kildare County Council Labour Councillors have tabled a motion which seeks to vary the county development plan to include new policy restrictions on wind farm development.

The following motion in relation to wind farm development has been tabled:

“Councillors Browne, Byrne, Purcell, McGinley and Wall

That the council vary the Kildare County Development Plan 2011-2017; 18.9 Energy and Communications and 18.9.1 Wind Energy Proposals, to include the following:

–          A minimum set-back from a residence of 10 times the height of the turbine, where the turbine exceeds 100 metres. 

–          Any proposal must show consideration for its impact on indigenous industries within the county and any impact, if any, such a proposal might have.

–          Any proposal must consider the potential impact on the health and welfare, if any, of those living in the vicinity of the proposed development.”

This motion will come before the Full Council at the Council meeting on Monday 21st October.

‘South Kildare Against Spin’, a local group who have formed to tackle proposed new wind farm development in the south of the county, have urged support for the Labour Party Motion and have called on all members of Kildare County Council, irrespective of party affiliation, to support the above motion stating that:-<img title

Anaerobic Digestion Facility Proposed for Athy

An Anaerobic Digestion facility is being proposed at Woodstock Industrial Estate in the town of Athy, Co. Kildare.  

The development comprises the construction of 2 no. anaerobic digestion tanks, 1no. storage tank, a new internal service road to the north of the facility and associated works. The facility will receive up to a maximum of 17,000 tonnes of foodstuffs that are between “best before” and “use by” dates and will produce an output of up to 4,000 tonnes of organic fertiliser.

 

 

 

 

 

 

 

Environmental Impact Statement Required for Compost Facility in Monasterevin, Co. Kildare

Kildare County Council have requested an Environmental Impact Statement (EIS) from an applicant seeking to extend a composting facility in Monasterevin to include additional enclosed areas totaling 6,571m2 for the preparation and storage of horticultural and agricultural composts and soil conditioners and the stabilization of organic materials.  The application has attracted 80 objections so far and the council have noted concerns about the impact on the local residents in one of 35 items which need to be addressed in the EIS.

Drive-thru Restaurant Granted Adjacent to Tesco in Naas

An Bord Pleanala has upheld the decision of Kildare County Council & Naas Town Council to grant permission for a 200 seat drive-thru restaurant on lands opposite Tesco in Naas, Co. Kildare.  The Council’s decision had been appealed by a third party who the applicant’s noted owned the Topaz filling station on the Sallins Road.  The Board’s Inspector considered the issue of the impact on the town centre but noted that there is no requirement for an retail impact study to be carried out.  This seemed to be the extent of the consideration given to this issue which is strange given the obvious impact which Tesco and the associated shops units are having on the town centre.  The addition of a 200 seat restaurant is creating a strong out of town destination which will compete directly with the town centre.  In the absence of the Naas shopping centre which remains unfinished the town centre is going to continue to struggle to compete.

Extesnion to Kildare Outlet Centre Approved

An Bord Pleanala have upheld the decision of Kildare County Council to grant planning permission for the extension of the Kildare Outlet Village in Kildare Town.  The proposed extension will involve 8,000sq.m of additional floorspace and will effectively double the size of the existing outlet centre.  The Council’s decision was appealed by both the appellant (concerning conditions) and third parties.  The Board reached its decision following an oral hearing.

Upgrade of Junction 10 on M7 proposed

Plans to upgrade Junction 10 (Newhall, Naas) on the M7 are currently on display with submissions sought by 14th June 2013. The proposals involve the provision of new roundabout junctions closer to Newbridge to provide access to the motorway. Traffic coming from the Rathangan direction will now have to negotiate 4 roundabout junctions to access the northbound motorway to Dublin.

Sallins By-Pass and new M7 Junction on Display

Plans for a new junction to the west of Naas on the M7 are currently on display, along with a new road which will by-pass Sallins. Submissions are due by 14th June 2013.

Draft Newbridge Local Area Plan 2013 – 2019 on Display

The Draft Newbridge Local Area Plan is now on display with submissions being sought by the 16th July 2013.

A notable feature of the LAP is the absence of the Action Area Plan for lands to the north-west of the town with this large area of land set to remain agricultural even though it is within the development boundary and in close proximity to the train station.

The development of the industrial zoned lands to the east of the town, east of Pfizer, are now subject to a separate Masterplan.

McDonalds Refused Planning Permission in Kildare Town

An Bord Pleanala have refused McDonalds permission for a drive-thru restaurant in Kildare Town, upholding the decision of Kildare County Council who had refused permission. The site is situated adjacent to Tesco and the Kildare Village Outlet, however the Board ruled that it was isolated from both in that it did not seek to integrate with these established development. It was also left to be removed from the town centre, although the Board recently gave permission for Tescos on the adjoining site. They also raised concerns with the landscaping proposals.

Kerry Group Granted Permission for Large-Scale Development in Naas

The Kerry Group have been granted permission for a large-scale Global and Innovation Technology Centre  in Millennium Park, Osberstown, Naas, Co. Kildare (beside Irish Commercials Ltd).  The Kerry Group estimate that the development will provide approximately 900 hundred jobs along with 400 constructions jobs and is therefore a significant investment in the town and county.

Draft Maynooth LAP – Manager’s Report

The Manager’s Report in relation to the draft Maynooth LAP 2013 – 2019 has been published.  It recommends 2 changes to the draft plan.

Link: http://kildare.ie/CountyCouncil/Planning/DevelopmentPlans/LocalAreaPlans/DraftMaynoothLAP2013-2019/

Oral Hearing: Kildare Outlet Village

An oral hearing into the proposed expansion of the Kildare Outlet Village is to commence in the Hotel Keadeen at 10am on 30 April 2013. Tesco and the Whitewater Shopping Centre are amongst the appellants.

Mechanical Biological Treatment Facility Granted Permission in Carbury, Co. Kildare

Bord Na Mona has received a 10 year planning permission from An Bord Pleanála under the Strategic Infrastructure Planning Act to construct a mechanical biological treatment facility on the site of the Drehid Waste Management Facility in Carbury, Co. Kildare.

The facility will have the capacity of 250,000 tonnes per annum of waste on a 29 hectare site. The waste will principally be municipal solid waste and forms an alternative to landfill. At present the landfill at the existing Drehid Waste Management Facility is permitted to dispose of a total of 360,000 tonnes per annum, reverting to 120,000 tonnes per annum in December 2013.

The conditions of the permission included the applicant providing “a sum of money” towards the cost of the provision of environmental improvement and recreational or community amenities in the locality. The identification of such projects shall be decided by the planning authority in consultation with the local community. The “sum of money” is left to be decided between the Council and the applicant.