CHIEF EXECUTIVE S REPORT

Transcription

1 Proposed Variation No.2(a) and 2(b) to the Galway County Development Plan Chief Executive s Report on Submissions Received on the Proposed Variation No.2 to the Galway County Development Plan CHIEF EXECUTIVE S REPORT Forward Planning Policy Unit Galway County Council Áras an Chontae Prospect Hill Galway

2 TABLE OF CONTENTS 1. Chief Executive s Report Introduction Legislative Requirements Relating to the Development Plan Chief Executive s Report to the Elected Members Structure and Content of the Chief Executive s Report Submissions received on Variation No.2a and No.2 b to the Galway County Development Plan Submissions Received In relation to Proposed Variation No.2 (a)(bearna) to the Galway County Development Plan Submissions Received In relation to Proposed Variation No.2 (b)(gaeltacht Plan) Appendices Appendix I Appendix II Appendix III Page

3 1. Chief Executive s Report Introduction 1.1 Legislative Requirements Relating to the Development Plan This report forms part of the statutory procedure for varying a Development Plan and is prepared under Section 13(4)(a) of the Planning and Development Act 2000 (as amended). In accordance with Section 13(4)(b) of the Planning and Development Acts, 2000 (as amended) this report shall include the following: (i) (ii) (iii) list the persons or bodies who made submissions or observations, summarise the following from the submissions or observation made under this section: (I) issues raised by the Minister, and (II) thereafter issues raised by other bodies or persons give the response of the Chief Executive to the issues raised, taking account of the proper planning and sustainable development of the area, the statutory obligations of any local authority in the area and any relevant policies or objectives for the time being of the Government or of any Minister of the Government. Variation No. 2(a) and 2(b) of the Galway County Development Plan is pursuant to the Strategic Environmental Assessment Directive (2001/42/EC, on the assessment of the effects of certain plans and programmes on the environment), the Planning and Development Regulations 2001 as amended and the Planning and Development (Strategic Environmental Assessment) Regulations, 2004, (S.I. no.436/2004). The Planning Authority prepared a Strategic Environmental Assessment (SEA) Environmental Report of the likely environmental effects of the Variation. Pursuant to Article 6 of the Habitats Directive and Part XAB of the Planning and Development Act 2000 as amended a Natura Impact Report was prepared for Variation 2(a) and 2(b), and a Strategic Flood Risk Assessment for Variation 2(a) and 2(b) has been prepared The reasons for the Variation are as follows: 1 to incorporate the Bearna Plan as Proposed Variation No. 2(a) into the Galway County Development Plan to incorporate the Gaeltacht Plan as Proposed Variation No 2(b) into the Galway County Development Plan and 3 to inform and manage the future development of the Bearna and Gaeltacht areas 1.2 Chief Executive s Report to the Elected Members The report of the Chief Executive must be prepared and submitted to the Members of the Planning Authority not later than 8 weeks after given notice of the intention to make the proposed variation. This report is being distributed to the Elected Members of Galway County Council on the 5 th February In accordance with Section 13(5)(a) of the Planning and Development Acts, 2000 as amended, the Members of the Planning Authority shall consider the proposed variation and the report of the Chief Executive. The Members shall complete their consideration of the proposed variation and the report of the Chief Executive within 6 weeks of receiving the Chief Executive Report. Following this, the Members must resolve to make the variation to the Development Plan, either with or without the proposed alterations. Material alterations will require a further public display period of 4 weeks. In making the variation to the County Development Plan, the Members shall be restricted to considering the proper planning and sustainable development of the area to which the Development Plan relates, the statutory obligations of any Local Authority in the area and any relevant policies or objectives of the Government or any Ministers of the Government. The Variation to the County Development Plan shall have effect from the day that the variation is made. County Development Plan

4 1.3 Structure and Content of the Chief Executive s Report Issues, Responses and Recommendations The proposed Variation no 2(a) and 2(b) to the Galway County Development Plan was placed on public display for 4 weeks, from Friday 1 st December 2017 until Monday 8 th January 2018 (inclusive). During the public consultation period submissions were received in relation to the proposed Variation No 2(a) and 2(b). In relation to Variation No 2(a) pertaining to the proposed Bearna Plan, a total of 59 submissions and 5 late submissions were received. In regard to Variation No 2(b) pertaining to the proposed Gaeltacht Plan, a total of 36 submissions and 1 late submission were received. The full contents of each submission have been considered in the preparation of the Chief Executive s Report. The report lists the persons that made submissions or observations during the public consultation period, summarises the issues raised in the submissions or observations, contains the opinion of the Chief Executive in relation to the issues raised, and their recommendation in relation to the submission, taking account of the proper planning and sustainable development of the area, the statutory obligations of any Local Authority in the area and the relevant policies or objectives of the Government or any Minister of the Government. The responses and recommendations set out in the Chief Executive s Report have been subject to SEA and AA screening and are considered to be appropriate and acceptable in terms of these requirements. The submissions received have been divided into groupings comprised of the following: Prescribed Authorities and Environmental Authorities Elected Members Members of the General Public The issues raised by the Prescribed Authorities and Environmental Authorities have been dealt with separately first. The Prescribed Authorities and Environmental Authorities are specified in relation to Development Plans under the Planning and Development Act 2000 (as amended), the Planning and Development Regulations 2006 and the Planning and Development (SEA) Regulations 2004 as amended. The remaining submission is from a community group. All of the submissions received were individually examined in relation to the various issues raised. A summary of the issues raised in each submission is provided followed by the response and recommendation of the Chief Executive. The report uses the following text formatting to highlight changes that are recommended to the proposed amendments to Variation No. 2(a) and 2(b) to the Galway County Development Plan : Existing Text Shown in black text Proposed Addition Shown in red text highlighted yellow Proposed Deletion Shown in red text highlighted yellow with red strike through Once the Elected Members have made their decisions regarding the recommended changes, all agreed deletions will be removed and any agreed additions and consequential changes will be inserted into the proposed alterations to the Variation to the Galway List of Submission Received This includes a list of all submissions received on the Proposed Variation No.2a and 2b to Galway County Development Plan County Development Plan

5 Submissions received - Variation 2(a) Bearna Plan Date Name received 1 DHPLG - Ciara Gilgunn 05/01/ DAU - Yvonne Nolan 04/01/ Department of Education and Skills 08/01/ TII - Michael McCormack 29/12/ NWRA - Marie Moriarty 08/01/ EPA - Cian O'Mahony 08/01/ DAA - Jane Roche 08/01/ Peadar Mac Fhlannchadha 02/01/ Ciaran Quilty 02/01/ Patrick McCabe Architects 02/01/ Fainse Ni Cheidigh 04/01/ Seamus Hickey 05/01/ Sarah Kelly 05/01/ Peter O'Fegan 07/01/ Coiste Pobal Bhearna 07/01/ Marie Keating 07/01/ Padhraig Campbell 07/01/ Tom Naughton 07/01/ P & E Joyce 08/01/ Jim & Tom Cunningham 08/01/ Galway Coast Cottages - S. Kearney 08/01/ Terry Lydon 08/01/ Maura Conneely 08/01/ Michael Walsh 08/01/ Aengus & Nicole Burns 08/01/ Gabriel McGoldrick 08/01/ Simon Kelly 08/01/ Des Higgins 08/01/ Arik Elberse & Theresa Culhane 08/01/ Sean O'Connor 08/01/ Martin Kearney 08/01/ Walsh Family 08/01/ Pobal Bhearna Community Group 08/01/ Regan Construction Ltd 08/01/ Hugh Hanlon & Sinead Hickey 08/01/ Catherine Aherne 08/01/ Donal & Aoife McWeeney 08/01/ Michael O'Sullivan 08/01/ Burkeway Barna Ltd 08/01/ Urszula Polawska 08/01/ O'Fegan Family 08/01/ Marcelle Muhlschlegel 08/01/2018 County Development Plan

6 43 PJ & Aisling Griffin 08/01/ Molloy Family 08/01/ Mike O'Donnell 08/01/ Murt Folan 08/01/ Anna Donlon 08/01/ Donagh McCabe 08/01/ Cathy Mulligan 08/01/ Emily Barrett 08/01/ Michael & Catherine Clifford 08/01/ Peter Connolly 08/01/ Declan Farrell 08/01/ Anthony Heery 08/01/ Andrew Mulligan 08/01/ John Mulligan 08/01/ Tony O'Flaherty 08/01/ Stephanie Flaherty 08/01/ Tom Faherty 08/01/2018 Late Anthony Hernon 12/01/2018 Late Vincent Hernon 12/01/2018 Late Christine Hernon 12/01/2018 Late Mairead Hernon 12/01/2018 Late Tessie Hernon 12/01/2018 Submission received - Variation 2(b) Gaeltacht Plan Name Date received 1 DHPLG - Ciara Gilgunn 05/01/ DAU - Yvonne Nolan 04/01/ Department of Education and Skills 08/01/ Department of Culture, Heritage and the Gaeltacht 08/01/ TII - Michael McCormack 29/12/ NWRA - Marie Moriarty 08/01/ EPA - Cian O'Mahony 08/01/ DAA - Jane Roche 08/01/ Eamon O'Cuiv, Oireachtas 08/01/ Breandan O'Flatharta 15/12/ Peadar Mac Fhlannchadha 02/01/ Colaiste Chamuis 03/01/ Maire Denvir 03/01/ Lakeview Residents Assoc 04/01/ Cathy Ni Ghoill 05/01/ Dr. Eamonn O'Donoghue 07/01/ Peter Fahy 08/01/ Cumann Forbartha Chois Fharraige 08/01/ Joseph Morris, c/o McCarthy Keville O'Sullivan 08/01/ Claregalway Community Development Association, c/o Vincent Lyons 08/01/2018 County Development Plan

7 21 Foram Chois Fharraige um Phleanail Teanga 08/01/ Eimear Ni Cheallaigh 08/01/ Pat Joyce, c/o James O'Donnell 08/01/ Kilroe Plant Hire, c/o PROFE Building Engineering & Planning 08/01/ Comharchumann Shailearna Teo 08/01/ DWK Ltd, c/o McCarthy Keville O'Sullivan 08/01/ DK Lands Ltd, c/o McCarthy Keville O'Sullivan 08/01/ Foram Iorras Aithneach 08/01/ Donncha O'hEallaithe 08/01/ Sean F O'Drisceoil 08/01/ Lakeview Residents, Allen, Conneely, Moran, Murphy 08/01/ Sean Noone 08/01/ James Roche 08/01/ Donal & Raymonde Standun, c/o PROFE Building Engineering & Planning 08/01/ Ciaran O'Ceallaigh 07/01/ Forbairt Pobal Teoranta c/o Aodhan Mac Donnacha 08/01/2018 Late Comharchumann Shailearna Teoranta 09/01/2018 County Development Plan

8 2. Submissions received on Variation No.2a and No.2 b to the Galway County Development Plan Submissions Received In relation to Proposed Variation No.2 (a)(bearna) to the Galway County Development Plan No. Submission Name 1 Department of Housing, Planning and Local Government. (Niall Cussen) SUBMISSIONS FROM PRESCRIBED AUTHORITIES Summary of Issues Raised in Submission The Department of Housing, Planning and Local Government notes and supports the general thrust of the policies and objectives contained within the proposed variations. There are a number of points that the Department has requested clarification: Future Housing Provision The Department has concerns in relation to the compliance with the Core Strategy of the Galway County Development Plan and the amount of lands zoned for phase 1 residential lands and the quantum of phase 2 residential lands in the proposed Bearna Plan; It is contended that there is a significant amount of land zoned as residential(phase 2) within the settlements of Bearna and that there is no quantum of residential phase 2 lands provided; It is also contended that there is no evidence based provided in relation to the quantity of residential(phase 1) and residential (phase 2) zonings; The Department has specifically requested the following: SUBMISSIONS FROM PRESCRIBED AUTHORITIES Chief Executive s Response and Recommendation Noted. The Planning Authority has allocated Residential Phase 1 lands in Bearna in compliance with the core strategy of the Galway County Development Plan There is a requirement of 12.12ha of phase 1 residential lands and the Planning Authority has zoned this quantum of hectares. There is approximately 31.2ha of phase 2 residential lands. The quantum of available lands for phase 2 residential lands has been reduced to that of the Bearna LAP. It is considered that there would be merit to include a table illustrating the quantum of phase 1 and phase 2 residential lands. The lands zoned in Bearna can be accommodated with the waste water infrastructure that is currently available and there is an objective to support the provision of a public sewage treatment plant. The quantum of lands zoned as residential(phase 1) and residential(phase 2) are to be revisited and indicated in the settlement of Bearna; County Development Plan Page 6

9 It is contended that Phase 2 Residential Lands should be reduced in Bearna; A reminder that the Planning Authority should be considerate of the legacy issues that have arisen in the provision of Developer Provided Infrastructure(DPI) with unserviced settlements; The phasing of development of zoned lands particularly phase 1 lands is to be linked to the existing capacity and or the provision of new waste water capacity in consultation with Irish Water. Insert the following table: Table 4.2 Phase 1 and Phase 2 Residential Lands Zoning Area Residential (Phase 1) 12.15ha Residential (Phase 2) 31.2 ha 2 Department of Culture, Heritage and the Gaeltacht (Yvonne Nolan) Matters relating to the variations The Department notes the purpose of the Variation 2(a). The variations are to inform and manage the future development of the plan areas in conjunction with the various objectives for development and environmental protection in the County Development Plan. In particular, it is noted that various aspirations and commitments are made in relation to future tourism and amenity developments in the variation areas. Such developments in the areas in question may be ecologically and environmentally sensitive and, at project stage, may be problematical for the Council as the regulating authority and competent authority for appropriate assessment, and/or as the developer. Similarly, difficulties and delays may be encountered by community groups and individuals seeking to develop such projects in sensitive The proposed variation identifies an objective to support the creation of a Coastal Amenity Park. This objectives states that the design of any works being undertaken to achieve this objective shall be informed from the outset by ecological considerations. Ensuring ecological constraints are built into the design of any such project will streamline the planning process to ensure potential ecological issues are identified from the outset and avoided. Similarly, the coastal setback (Objective CF7) will ensure that there is no direct land take from any designated site, and all projects will be subject to their own appropriate assessment process (Objective BNH 3) once project level details are known, having be designed informed by ecological considerations. This will ensure the implementation of the proposed locations. It is advised that opportunities that are presented by the County Development Plan Page 7

10 current plan-making and assessment processes are used to maximum effect to specify guiding plan-level mitigation, and to assist in the selection and development of future projects that are sustainable, robust and in appropriate locations. Variation will not significantly affect the ecological integrity of any European Sites. The NPWS have provided advice for the council to consider to further streamline the planning process. The plan as it stands is compliant with the EU directives, however additional measures could be inserted into the plan to further guide development of the coastal amenity park which will be Ecologically Sensitive. Variation 2(a) screening It is contended that in the case of Variation 2(a) (Bearna), the screening report focuses excessively on European sites up to 15km away, and then outlines site sensitivities or vulnerabilities which have little relevance to the variation or settlement area, or to any effects likely to arise from these. The report reaches conclusions in Table 3.2 about potential effects not being significant effects in the absence of objective information and reasoning in general, but also without reference to the conservation objectives of the two most relevant sites, Galway Bay Complex SAC (site code ) and Inner Galway Bay SPA (site code ). The consideration of potential in combination effects of other plans and projects follows and occurs outside the limited screening analysis, and lacks any reference to Variation 2(b), the County Development Plan, and any projects. Variation 2(a) screening The 15km zone of influence is an industry standard for ecological assessments as detailed in the NPWS 2010 and CIEEM 2016 Guidelines. The characteristics of Variation 2(a) have very low-level effects, however following the precautionary principal, this disproportionately large ZOI was used to ensure a robust assessment was undertaken. Proposed Variation 2(a) related to the existing Galway CDP. The NIR details the relationship between the variation and the existing CDP. The existing CDP was subject to its own NIR which concluded that no significant effects to the ecological integrity of European Sites are likely to arise due to the implementation of the Plan. This CDP provides for development within the Plan area, and there are no additional sources for effects identified in the Variation that were not considered within the existing CDP and associated NIR. This is detailed in Section The assessment methodology details the Conservation Objectives that were considered throughout the process. The SSCO s for, Galway Bay Complex SAC (site code ) and Inner Galway Bay SPA (site code ) detail objectives to maintain the existing habitat condition County Development Plan Page 8

11 and species population or where possible increase them. Therefore, Table 3.2 summarises the rational used within the assessment and focuses on the qualifying interests, special conservation interests and habitat features. As the SSCOs provide no added value to the rational beyond what is explained. However, the rational will be expanded to detail and explain this. The Variation must comply with all policies and objectives within the existing CDP, further clarity around this interconnected link will be detailed within the incombination section of the NIR to ensure this is clearly understood. Similarly, the NIR for Variation 2(a) will be updated to consider in combination effects of Variation 2(b). The Variation is a high-level strategy for sustainable development, all projects which arise from the implementation of the plan will be subject to their own Appropriate Assessment processes which will take account of project level detail which include in combination effects of projects. Update the site specific rational in Table 3.2 of the Appropriate Assessment to identify the existing policies within the CDP with which the Variation must comply. A hyperlink to each of the SSCO s will be provided within the NIR to ensure it is clear this information was used to inform the assessment process. The NIR for Variation 2(a) will be updated to consider in combination effects of Variation 2(b). County Development Plan Page 9

12 3 Department of Education and Skills 4 Transport Infrastructure Ireland (Michael McCormack) 5 Northern and Western Regional Assembly (Denis Kelly) The Department of Education and Skills notes the content of Variation No.2a. The Department has referenced the population numbers that have been allocated for Bearna and if this population was to materialise, this would necessitate two extra classrooms for primary school going children and 38 school places at post primary level. It is envisaged that this growth in population can be accommodated within the existing schools in and surrounding the plan area and that sufficient lands zoned for educational use should be provided in the plan. The Authority acknowledges the contents of the proposed variation (2a) to the Galway The Assembly welcomes the contents of the Variation No.2a to the Galway It is noted that the variation is being prepared at a time when the National Planning Framework (NPF) is being finalised and when the Regional Spatial and Economic Strategy (RSES) pre-draft public consultation is under way. It is suggested that the plan would benefit from including a table illustrating the quantum of Residential Phase 1 lands and Village Centre lands that in combination that they do not diverge from the core strategy projections of the Galway County Development Plan. Finally it is considered that the proposed variation No.2 (a) is broadly consistent with the overall settlement strategy goals and the policies set out therein in the Regional Planning Guidelines for the West Region. Noted. The comments in relation to the requirement of additional classrooms and school spaces is noted. The Planning Authority has sufficient land zoned Community Facilities (CF) hectares 4.7ha in the Bearna Plan. No change to the Proposed Variation No 2(a) to the Galway Noted. No change to the Proposed Variation No 2(a) to the Galway The comments from the Assembly are noted. The Planning Authority will review the National Planning Framework (NPF) and the RSES when completed and will start the process of reviewing the Galway County Development Plan in the first quarter of The quantum of Phase 1 Residential Lands in the Bearna Plan is in compliance with the Core Strategy of the Galway County Development Plan. However for the purpose of clarity a table illustrating the quantum of Phase 1 and Phase 2 Residential lands will be provided in the plan. -See Chief Executive s Recommendation to Submission No.1 County Development Plan Page 10

13 6 Environmental Protection Agency(EPA) Cian O Mahoney The EPA acknowledges the contents of Variation No.2 (a). It is suggested that there would be merits including a commitment to ensure that the variation will be consistent with the National Planning Framework and the North and Western Regional Spatial and Economic Strategy which are currently being prepared. The objectives are noted that relate to the development of water related activities and related land uses which include a coastal amenity park and jetty/marina related developments. It is stated that these objectives should be compliant with the Water Framework Directive, Floods Directive and Habitats Directive as appropriate. A number of specific comments have been raised in relation to the Strategic Environmental Assessment: -It is suggested that a number of additional plans and programmes should be listed in Appendix I; -In relation to the Mitigation measures that are proposed, these should be linked directly to the specific relevant significant effects identified in the Environmental Report. It is suggested that table 9.1-Integration of Environmental Considerations should be included in the Variation as an additional appendix, to further link the Variation and SEA preparation process; -The Monitoring Programme should be flexible to take account of specific environmental issues as they arise. It is stated that the programme should be able to deal with the possibility of cumulative effects. Noted. The comments in relation to the support of the proposed variation is noted. The Planning Authority will ensure that the Galway County Development Plan will be in compliance with the National Planning Framework and the associated RSES once they are adopted. The Planning Authority will be involved with the other counties in the region in the preparation and finalisation of the RSES. The process of reviewing the Galway County Development Plan will occur in the first quarter of 2019 and the plan will be in full compliance with the EU and National Directives. -Mitigation Measures have been taken into account and integrated into the SEA process. - The Monitoring Programme have been taken into account by the SEA process to date and will continue to be taken into account at future reviews. No change to the Proposed Variation No 2(a) to the Galway 7 Dublin Airport Authority (Jane Roche) No Comment to make on Proposed Variation No.2 (a). Noted. No change to the Proposed Variation No 2(a) to the Galway County Development Plan Page 11

14 GENERAL SUBMISSIONS RECEIVED GENERAL SUBMISSIONS RECEIVED No. Submission Name Summary of Issues Raised in Submission Chief Executive s Response and Recommendation 8 Peadar Mac Fhlannchadha This submission relates to the protection of the Irish language in accordance with Section 10 of the Planning and Development Act 2000(as amended): A number of policy initiatives have been identified in the Galway County Development Plan and should be included in the Bearna Plan: -A Language Impact Statement should be required for any development in the Gaeltacht; -Multi-unit residential(2 or more units) in the Gaeltacht should be subject to occupation and language requirement in order to preserve the cultural heritage and language of the Gaeltacht, including promoting the Irish language as the community language; -The findings from An Bord Pleanala (PL ) has been cited; -It is requested that 60% of all the housing developments should be allocated for fluent Irish speakers and the remainder of units for local community. It is considered that 60% of units for fluent Irish speakers is sufficient in district B and C however this should be increased to 90% in District A in order to promote Irish as a community language; -Language Enurement Clause of 15 years should apply to the household (with the exemption of short term lets). It is considered that individuals should have a minimum of C1 Teastas Eorpach na Gaeilge in order to comply with this clause. The proposed Variation 2(a) to the Galway County Development Plan is in full compliance with section 10 of the Planning and Development Act 2000(as amended). A number of the policy initiatives that were raised, are already contained in the Galway County Development Plan and the Bearna Plan will support and compliment these policies. Chapter 3 of the Galway County Development Plan contains policies and objectives that relate to the provision of urban and rural housing in the Gaeltacht area i.e UHO12 Linguistic Impact Statements-,UHO13-Urban Housing in Gaeltacht Settlements and RHO4-Rural Housing Zone 4(An Ghaeltacht). Objective UHO 12 and RHO4 makes specific reference to Language Enurement Clause of 15 years. Objective CH3-Language Enurement Clause in the Bearna Plan will be applied on a portion of residential units in development of two or more units in Bearna. The proportion of homes to which a language enurement clause will be a minimum of 20% or to the proportion of persons using Irish language on a daily basis, in accordance with the latest published Census. Chapter 10 of the Galway County Development Plan contains policies and objectives relating to the Gaeltacht and the protection of the Irish language. It is a fundamental policy of Galway County Council to preserve the Irish language, to protect the linguistic and County Development Plan Page 12

15 cultural heritage of the Gaeltacht and to promote Irish as the community language. It is not considered necessary to put further restrictions in Districts A, B and C as requested. 9 Ciaran Quilty It is considered that the Inner Relief Road as indicated in the draft Bearna Plan is very close to the back gardens of 1-4 Carraig an Iolair and it would appear that the road encroaches into the back garden of adjacent properties. -It is requested that the road should be relocated to the vacant land behind Carraig an Iolair which would minimise the disruption of the existing dwellings. No change to the Proposed Variation No. 2(a) to the Galway The Part 8(reference LA27/06-Bearna Inner Relief road) was approved at a meeting of Galway County Council on the 23 rd of October A section of the inner relief road has already been constructed. In the Bearna LAP the road-line was illustrated on the maps. The Proposed Variation 2(a)-Bearna Plan does not deviate from this line, however it does illustrate the entire corridor as per the Part 8 application. The reference refers to encroachment on private properties as per this submission is noted however the encroachment is at the extremities of the corridor and will not affect the properties in question as the relief road will be significantly narrower that the corridor shown. It should also be noted that the scale of the maps from the Bearna LAP to that of the current variation no.2a, therefore illustrating the more detailed corridor. No change to the Proposed Variation No 2(a) to the Galway 10 Patrick McCabe Architects This submission relates to the construction of the inner relief road in Bearna. The road is illustrated transecting a number of properties. It is suggested that an alternative positioning/reservation of the road would be less destructive to the East/North of Carraig an Iolair. The Part 8(reference LA27/06-Bearna Inner Relief road) was approved at a meeting of Galway County Council on the 23 rd of October A section of the inner relief road has already been constructed. In the Bearna LAP the roadline was illustrated on the maps. The Proposed Variation 2(a)-Bearna Plan does not deviate from this line, however it does illustrate the entire corridor as per County Development Plan Page 13

16 11 Fainse Ni Cheidigh It is requested that the draft boundary of the Bearna plan would be extended to include a number of land parcels, folio numbers GY 76572F and GY86985F. It is requested that these lands would be zoned Phase 2 Residential. the Part 8 application. The encroachment on private properties as per this submission is noted however the encroachment is at the extremities of the corridor and will not affect the properties in question as the relief road will be significantly narrower that the corridor shown. It should also be noted that the scale of the maps from the Bearna LAP to that of the current variation no.2a is greater, therefore illustrating the more detailed corridor. No change to the Proposed Variation No 2(a) to the Galway Noted. The Planning Authority considers that the lands that are requested to be zoned Phase 2 Residential are outside the draft boundary of the Bearna Plan and are considered remote from the built up area of Bearna. There is approximately 31.23ha of Residential Phase 2 lands in the Bearna Plan which is considered sufficient. The subject lands are located in the rural area and will be assessed for single residential units under Chapter 3 of the Galway County Development Plan and the subsequent objectives will apply. No change to the Proposed Variation No 2(a) to the Galway 12 Seamus Hickey c/o Danielle Conaghan, Arthur Cox Solicitors This submission relates to the zoning of lands for Community Facilities: -It is requested that the lands (circa 10acres) that have been zoned "Community Facilities" and "Open Space/Recreational Amenity" as part of the Variation No.2 (a) should revert to the "low density" zoning as per the existing Bearna Plan; -It is contended that there has been no rational/reasoning given to this substantial change and that the rezoning would appear to facilitate the construction of a road through the subject landowner's land. Noted. As part of the pre-draft public consultation on Variation No.2 (a) to the Galway County Development Plan a number of submissions were received highlighting the lack of community facilities in Bearna and the requirement to zone appropriate lands. In the preparation of Variation No.2a (Bearna Plan) it was clear that lands were required to be zoned for such uses. As a result the Planning Authority has identified lands that are considered suitable County Development Plan Page 14

17 13 Sarah Kelly c/o Patrick McCabe Architects This submission refers to the construction of the inner relief road in Bearna. The road is illustrated transecting a number of properties. It is suggested that an alternative positioning/reservation of the road would be less destructive to the East/North of Carraig an Iolair. for Community Facilities, one such area is the subject lands that have been identified in the submission. The Part 8(reference LA27/06-Bearna Inner Relief road) was approved at a meeting of Galway County Council on the 23 rd of October 2006, the rezoning of these lands is not for the purpose of facilitating the relief road. No change to the Proposed Variation No 2(a) to the Galway Noted. The Part 8(reference LA27/06-Bearna Inner Relief road) was approved at a meeting of Galway County Council on the 23 rd of October A section of the inner relief road has already been constructed. In the Bearna LAP the roadline was illustrated on the maps. The Proposed Variation 2(a)-Bearna Plan does not deviate from this line, however it does illustrate the entire corridor as per the Part 8 application. The encroachment on private properties as per this submission is noted however the encroachment is at the extremities of the corridor and will not affect the properties in question as the relief road will be significantly narrower that the corridor shown. It should also be noted that the scale of the maps from the Bearna LAP to that of the current variation no.2a is greater, therefore illustrating the more detailed corridor. No change to the Proposed Variation No 2(a) to the Galway 14 Peter O Fegan c/o Freeport Landowners A lengthy submission from a number of landowners was received which can be summarised as follows: -It is considered that the following objective would be deleted from the Bearn Plan Noted. -In relation to the wording of Objective UD3-Coastal Views it is considered that the wording is sufficient as it County Development Plan Page 15

18 Objective UD3-Coastal Views Protect all the sea views along the R336 by ensuring that any new developments on the seaside of the R336 is of a high design quality, suitably laid out, provide residual views and are appropriately restricted in height so as to effectively integrate with the coastal landscape of the Village centre. provides enough flexibility when sites are being developed in terms of the site context and scale of the development. It is considered that the wording as proposed would not prohibit development from occurring and the scale and heights of buildings can be determined on a site specific basis in conjunction with objective UD2-New Buildings. -It is considered that Objective UD2-New Buildings would be amended as follows: Objective UD2 - New Buildings Building heights, widths and material finishes shall be in keeping with the character and scale of existing development in the area and shall be appropriate to the locality, site context and building function. A maximum building height of two-storeys three storeys will generally apply but reduced building heights of two half storeys may be required in visually vulnerable locations e.g. coastal side of the road. Increased building heights may be considered in exceptional circumstances where they contribute positively to the village character and design, subject to a high standard of urban design and have no adverse impacts on amenity. -It is considered that Objective CF7 Coastal Setback would be amended as follows: Objective CF7 - Coastal Setback Ensure a general building setback of 30m 15m from the foreshore field boundary line to allow for the development of the coastal amenity park and a seaside promenade, cycleway, children s playground(s), landscaped amenity space and improved access routes to the local beaches, Bearna Pier and water-based activities. -A review of the wording as proposed has been examined and in the context of the established building pattern in the village centre. The Planning Authority however is concerned that a maximum building height of three storeys as the general parameter of building heights in the area could possibly have an adverse impact on the setting of the village. Therefore it is considered reasonable to retain the maximum building height of two half storeys as the objective allows flexibility as increased building heights maybe considered in exceptional circumstances where it can be demonstrated that the proposed development would contribute positively to the character of the village. -It is considered that a general setback of 30m along the coastline is appropriate to ensure that future proposals for the Bearna Coastline is not compromised by reducing this set back to 15m as requested. -It is considered that Objective BNH4-Local Streams would be amended as follows: Objective BNH4-Local Streams -The removal of the wording in relation to the 10m buffer from rivers within the plan area and the additional text as requested has been examined, however this draft Objective County Development Plan Page 16

19 Protect the riparian zones of watercourse systems throughout the plan area, recognising the benefits they provide in relation to flood risk management and in relation to the ecological integrity of watercourse systems. This will include a general 10 metre buffer from rivers within the plan area as measured from the near river bank (this distance maybe increased and decreased on a site by site basis, as appropriate). This will include a general protection buffer from rivers (which should be informed by a site specific Flood Risk Assessment) within the plan area as measured from the near river bank. -It is suggested that Objective CCF4-Water Bodies and Water Courses should be amended as follows: The existing streams in Bearna shall be protected as follows: Restore and reinstate streams or portions of streams that have been filled in or covered over as part of new developments; Culverting of the streams shall be restricted. Culverting of the streams shall be restricted in new developments except in the case where it can be demonstrated that it mitigates against flooding and/or where it can add to and enhance the overall enjoyment and amenity of the development. -It is requested that Opportunity Site No.3-An Chéibh would be removed from Objective VC1 and the subject lands reverted to the lands zoned in the Bearna LAP Plan as village centre residential/commercial zoning: Opportunity Site 3 at An Chéibh, Bearna provides for a flexible approach including the wording "this distance maybe increased on a site by site basis, as appropriate". It is therefore considered that the wording as proposed in this draft objective is sufficient and appropriate. -It is considered that the wording submitted is acceptable to the Planning Authority. -A review of Opportunity Site No.3 and the zoning proposed in relation to Business and Enterprise has been carried out. The premise of Business and Enterprise zone was to encourage the development of business use on these lands in the form of offices and possibly incubation hubs. However the concerns raised in the submission have been noted and the possible uses allowed under the Business and Enterprise zoning may not contribute to the vitality of the village. Therefore, it is considered appropriate to rezone these lands Village Centre uses and the Open Space/Recreation & Amenity zone. County Development Plan Page 17

20 Description: Area: The site area measures circa hectares. Current land-use: Vacant brownfield/greenfield site. Zoning: The site is zoned Business & Enterprise and Open Space/Recreation & Amenity. Opportunity: There-development of a vacant site at a sensitive prominent village centre location (seaside of R336) to provide for an appropriate use(s), compatible with the flood risk management guidelines and the land use zoning matrix, and in compliance with the objectives of this plan and the Galway County Development Plan. -It is considered that the flood zones that have been depicted as Constrained Land Uses (CL) and on the Open Space/Recreation and Amenity land zones in the townland of An Chéibh-Freeport is not acceptable and that individual sites should be subject to specific Flood Risk Assessment. The wording of objective CCF 1-Flood Zones and Appropriate Land Uses should be amended to include the following: -The SFRA undertaken at Plan level provides an appropriately strategic assessment of flood risk within the town of Bearna in compliance with the 2009 Flood Guidelines. It considers, among other things, available, published information on flood risk. This included PFRA mapping and the JBA flood outline. In order to inform the Stage 2 assessment, the town was inspected on foot by County Development Plan Page 18

21 Objective CCF1 - Flood Zones and Appropriate Land Uses Protect Flood Zone A and Flood Zone B from inappropriate development and direct developments/land uses into the appropriate Flood Zone in accordance with The Planning System and Flood Risk Management Guidelines for Planning Authorities 2009 (or any superseding document) and the guidance contained in the Flood Risk Management Guidelines (DM Guidelines DM 2). Where a development/land use is proposed that is inappropriate within the Flood Zone, then the development proposal will need to be accompanied by a Development Management Justification Test and Site-Specific Flood Risk Assessment, in accordance with the criteria set out under with The Planning System and Flood Risk Management Guidelines for Planning Authorities 2009 & Circular PL2/2014 (as updated/superseded). In Flood Zone C, where the probability of flooding is low (less than 0.1%, Flood Zone C), the developer should satisfy him or herself that the probability of flooding is appropriate to the development being proposed. In the case of Village Centre lands in Bearna that subject to a satisfactory outcome from a site-specific Flood Risk Assessment, residential/mixed use development will be permitted under normal village/town centre development guidelines. experienced professionals (lands were visited on 14th September 2017) to examine, inter alia, the potential source and direction of flood paths from fluvial and coastal sources, locations of topographic and built features that coincide with the flood indicator related boundaries and to identify vegetation associated with a high frequency of inundation. As part of the consultation process for the Proposed Variation and associated environmental assessments, evidence provided in submissions including photographic and video evidence of flood events and sitespecific flood risk assessments are being taken into account. The undertaking of the SFRA and the application of the Constrained Land Use Zoning is an appropriate approach in meeting the requirements of the Guidelines and protecting human life, property and other receptors from the effects of flood events. In light of the above it is not considered appropriate to amend Objective CCF1- Flood Zones and Appropriate Land Uses. 1. -a).remove Opportunity Site No.3 and the Business and Enterprise Zoning from the subject lands and replace with Village Centre zoning in conjunction with the Open Space/Recreation & Amenity already indicated on the subject lands. From: County Development Plan Page 19

22 To: b). Remove Objective LU3-Buisness and Enterprise (BE) Objective LU3 - Business & Enterprise (BE) Promote and facilitate the establishment of business and enterprise uses, light industry developments, incubation/start-up units and small/medium enterprises, on suitable lands with adequate services and facilities and with a high level of access to the major road networks and to public transport facilities, whilst protecting residential amenity. c). Omit the Business and Enterprise (BE) category from the Land Use Matrix Table 4.1. (See Appendix I) 2. Objective CCF4-Water Bodies and Water Courses The existing streams in Bearna shall be protected as follows: Restore and reinstate streams or portions of streams that have been filled in or covered over as part of new developments; Culverting of the streams shall be restricted. Culverting of the streams shall be restricted in new developments except in the case where it can be demonstrated that it mitigates against flooding and/or County Development Plan Page 20

23 15 Peter O Fegan c/o Coiste Pobal Bhearna A lengthy submission has been received from this organisation. The following is a summary of the issues raised: -There are concerns expressed in relation to the fact that Bearna will no longer have a stand-alone LAP and that the plan has been significantly reduced in content, with the removal of the seven designated development areas. where it can add to and enhance the overall enjoyment and amenity of the development. Noted. The concerns in relation to the proposed variation no.2 (a) has been noted. Whilst the Bearna Plan subject to this process will be incorporated into the Galway County Development Plan, there will be polices, objectives and zonings that specifically relate to the Bearna plan area, which will inform and manage the future development of the area. This document whilst reduced in size is now more focussed and contains explicit policies and objectives that will create certainty for landowners/developers and house owners when they are considering construction/ development proposals in the plan area. -The removal of the Coastal Edge zoning precludes native Bearna residents from constructing a second family dwelling(genuine rural housing need); -The concerns in relation to the removal of the coastal edge zoning has been noted. The Open Space/Recreation and Amenity zoning proposed in the Bearn Plan was considered as a result of the high amenity of the area that is well connected to the village and provides views over the sea. It forms a critical component of the village character, amenity, heritage and landscape setting of Bearna. However the compatibility of the Open Space/Recreation & Amenity zoning with the provision of rural housing for native residents of Bearna was examined and it is considered that the Open Space/Recreation & Amenity Zoned lands should be replaced with a Coastal Edge zoning that would accommodate genuine housing need in accordance with a new Objective LU10-Coastal Edge Zoning. In addition the Land Use Matrix Table will also be amended to include new land use. County Development Plan Page 21

24 -Concern has been raised in relation to the proposed Business and Enterprise zoning located in the centre of the village; -This zoning is proposed to be deleted. See response the Chief Executives Recommendation to Submission No.14 -It is queried as to the merit of the Opportunity sites that have been identified in the Bearna Plan to that of the previous plan; -Upon the review of the Proposed Variation No.2a and from examining the individual sites in the plan area it was considered appropriate and prudent to identify a number of strategic sites that if they were developed would contribute to the enhancement of the plan area. -It is considered that the continuation of the Bearna Specific Additional Community Facilities/Amenity Development Contributions is unwarranted in light of the Property Tax; -The comments in relation to special contribution scheme have been noted. The Development Contribution scheme is in the process of being examined and there will be a discussion with the Elected Members in relation to the contents of the scheme. -It is considered that Galway County Council and Irish Water as part of the next Galway County Development Plan would seek additional population equivalent in Mutton Island rather than the stand-alone treatment plan as indicated in objective IS1- Wastewater Treatment Plant; -The omission of the Galway City Outer By-pass has been noted from the Bearna Plan, it is queried as to why this is the case; -The Galway County Development Plan will begin its statutory review in the first quarter of next year. As part of the review process, the Forward Planning Section of Galway County Council will be in discussion and contact with Irish Water regarding all capacity issues, including Mutton Island. In relation to objective IS1-Wastewater Treatment Plant it is considered prudent to retain this objective for a stand-alone treatment plant. -The objectives that relate to the provision of the N6GCRR are included in Chapter 5 of the Galway County Development Plan It is considered that the Objective UD3-Protected Views is restrictive and would curtail development in the village; In relation to the wording of Objective UD3-Protected Views it is considered that the wording is sufficient as it provides enough flexibility in terms of the site context and scale of new development. It is considered that the wording as proposed would not prohibit development from County Development Plan Page 22

25 occurring and the scale and heights of buildings can be determined on a site-specific basis in conjunction with objective UD2-New Buildings. -It is considered that the wording in relation to Objective UD2- New Buildings is restrictive and unfair in the context of the previous developments in Bearna; -A review of the wording as proposed has been examined and in the context of the established building pattern in the village centre. It is considered reasonable to retain the maximum building height of two half storeys as the objective allows flexibility, increased building heights may be considered in exceptional circumstances where it can be demonstrated that the proposed development would contribute positively to the character of the village. -In relation to Objective CF7-Coastal Setback, it is considered that the 30m setback is too restrictive and should be reduced; -In relation to Objective BNH14-Local Streams it is considered that the maximum setback from the near river bank of any stream should be reduced as follows: Objective BNH4-Local Streams Protect the riparian zones of watercourse systems throughout the plan area, recognising the benefits they provide in relation to flood risk management and in relation to the ecological integrity of watercourse systems. This will include a general 10metre 5 metre buffer from rivers within the plan area as measured from the near river bank (this distance maybe increased and decreased on a site by site basis, as appropriate). -A number of anaolomies in relation to the Cultural Heritage aspects of the Bearna Plan have been noted; -It is considered that a general setback of 30m along the coastline is appropriate to ensure that future proposals for the Bearna Coastline are not compromised by reducing this set back to 15m as requested. -The removal of the wording in relation to the 10m buffer from rivers within the plan area and the additional text as requested has been examined, however this draft Objective provides for a flexible approach including the wording "this distance maybe increased on a site by site basis, as appropriate". It is therefore considered that the wording as proposed in this draft objective is sufficient and appropriate. -It is considered that there are no analomies identified in the Bearna Plan. County Development Plan Page 23

26 -In relation to Objective CH3 Irish Language Enurement Clause it is considered that the clause should be based on the persons using the Irish language in the plan area on a daily basis; -The Transport Network Objectives(RT1-RT5) are noted and welcomed but it is queried that these should be delivered independently of any LAP; -There is concern that the application of Flood Zones A and B was carried out in a crude manner. It is considered that these flood zones are not accurate and that a Stage 3 Flood Risk Assessment should be carried out. -The wording of Objective CH3-Irish language Enurement Clause is considered sufficient as it is applied to a portion of residential units of two or more houses in the plan area. The proportion of homes to which a language enurement clause will be a minimum of 20% or the proportion of persons using Irish language on a daily basis. -The comments in relation to Objective RT1-RT5 are noted. The purpose of this plan is a land use plan to facilitate development by including policies and objectives. -The SFRA undertaken at Plan level provides an appropriately strategic assessment of flood risk within the town of Bearna in compliance with the 2009 Flood Guidelines. It considers, among other things, available, published information on flood risk. This included PFRA mapping and the JBA flood outline. In order to inform the Stage 2 assessment, the village was inspected on foot by experienced professionals (lands were visited on 14th September 2017) to examine, inter alia, the potential source and direction of flood paths from fluvial and coastal sources, locations of topographic and built features that coincide with the flood indicator related boundaries and to identify vegetation associated with a high frequency of inundation. As part of the consultation process for the Proposed Variation and associated environmental assessments, evidence provided in submissions including photographic and video evidence of flood events and sitespecific flood risk assessments are being taken into account. -There is concern in relation to the reduction and potential impact on residential and village centre lands in the proposed Bearna Plan. Reference has been made to Objective LU1-Village Centre and Objective LU2-Residential. -As part of the review of the Bearna Plan, all lands were examined. There is approximately 12.12ha of lands zoned for Residential phase 1 with approximately 35ha zoned for Residential Phase 2. Whilst the boundaries have been County Development Plan Page 24

27 reduced, based on the population projections and quantum of lands available for development in the village centre and on residential zoned lands it is considered that the development potential of Bearna can be achieved with the zonings illustrated in the plan -In relation to Objective LU3-Business and Enterprise- It is considered that the location of the Business/Enterprise zoning in the centre of the village is unwarranted and cannot be justified; -This zoning is proposed to be deleted. See response the Chief Executives Recommendation to Submission No.14 -In relation to Objective CLU4-Community Facilities and LU5- Open Space/Recreation and Amenity-The zoning of Community Lands/Open Space/Recreation and Amenity from existing Residential Zoned lands without the landowner's consent is not acceptable; -In relation to Objective LU9-Non Conforming Use, it is stated that where local enterprises such as garages, steel workshops and B an Bs have occupied a site for more than 10 years, it is requested that these uses should be allowed to remain in existence; -In relation to Objective LU9-Constrained Land Use, and lands within these zones should be subject to a site-specific Flood Risk Assessment and not the crude Constrained Land Use zoning applied in the plan; As part of the pre-draft public consultation on Variation No.2 (a) to the Galway County Development Plan a number of submissions were received highlighting the lack of community and recreational facilities in Bearna and the requirement to zone appropriate lands. In the preparation of Variation No.2a (Bearna Plan) it was clear that lands were required to be zoned for such uses. As a result the Planning Authority has identified lands that are considered suitable for Community Facilities and Open Space/Recreation and Amenity. Policies and Objectives are included in the Bearna Plan that are in full compliance with the Planning and Development Act 2000(as amended) and the Planning and Development Regulations 2001(as amended). Existing businesses and premises must be in compliance the Planning Regulations and can apply for Retention Planning Permission in order to regularise the particular business/premises. The undertaking of the SFRA and the application of the Constrained Land Use Zoning is an appropriate approach in meeting the requirements of the Guidelines and protecting human life, property and other receptors from the effects of flood events. County Development Plan Page 25

28 -In relation to the Development Density Guidelines and the tables provided it is considered that these are meaningless in the context of a number of objectives contained in the draft plan. -It is considered that there is sufficient scope in the Development Densities Guidelines and in conjunction with the objectives contained in the plan and that developers/landowners have sufficient guidance and parameters in terms of design, layout and scale. A. Remove the Open Space/Recreation Amenity and Replace with new zoning Coastal Edge; From: To: B. Amend Land Use Matrix Table; Insert New Category Coastal Edge(CE) See Appendix I C. Insert new Objective County Development Plan Page 26

29 Objective LU10-Coastal Edge Zoning a). The Coastal Edge will be conserved and enhanced, as appropriate as a strategic high amenity resource, providing opportunities for recreation, conservation and local amenity, whilst avoiding development which would have an detrimental impact on this area. b).genuine rural housing need shall be considered within the Coastal Edge Zone in accordance with the provisions as set out under objectives in Chapter 3 of the Galway County Development Plan Marie Keating The review of the Bearna Plan is welcomed and the commitment to optimise the coastal location and amenity with access to the sea shore. Concern regarding the impact of the recent storms and coastal erosion. It is stated that there should be sufficient distance and protection of the sea shore, an appropriate boundary with potential new development; -It is suggested that a cycle lane along the coast should be provided into the city due to the danger of the existing road network. Noted. The Planning Authority regards the coastal area in Bearna as a strategic location for Recreational use. Objectives CF4-CF7 illustrates the importance of this area and in accordance with the proper planning and environmental parameters the Planning Authority will support cycle lanes along the coast. No change to the Proposed Variation No 2(a) to the Galway 17 Padhraig Cambell It is contended that buildings should not be permitted along the coastline and the 30m buffer should be retained. It should not be reduced to 15m. -It is stated that a coastal park, sea walk well designed residential units set back from the sea with views of the coast should be the way forward. Noted. The Planning Authority regards the coastal area in Bearna as a strategic location for Recreational use. Objectives CF4-CF7 illustrates the importance of this area and in accordance with the proper planning and environmental parameters the Planning Authority will support cycle lanes along the coast. No change to the Proposed Variation No 2(a) to the Galway County Development Plan Page 27

30 18 Tom Naughton This submission relates to the construction of the inner relief road in Bearna. The road is illustrated in close proximity to a number of properties (No.9 Scath Na Mara). It is suggested that an alternative positioning/reservation of the road would be less destructive to the southerly edge of the strip identified. Noted. The Part 8(reference LA27/06-Bearna Inner Relief road) was approved at a meeting of Galway County Council on the 23 rd of October A section of the inner relief road has already been constructed. In the Bearna LAP the roadline was illustrated on the maps. The Proposed Variation 2(a)-Bearna Plan does not deviate from this line, however it does illustrate the entire corridor as per the Part 8 application. The proximity on private properties as per this submission is noted however the encroachment is at the extremities of the corridor and will not affect the properties in question as the relief road will be significantly narrower that the corridor shown. It should also be noted that the scale of the maps from the Bearna LAP to that of the current variation no.2a is greater, therefore illustrating the more detailed corridor. 19 P and E Joyce It is stated that the lands in Lacklea zoned Open Space/Amenity Zoning is incorrect and these lands should be zoned residential. No change to the Proposed Variation No 2(a) to the Galway Noted. The concerns in relation to the Open Space/Recreation and Amenity zoning has been noted. The zoning of Open Space/recreation & Amenity was considered as a result of the high amenity of this area that connected to the village and provides views over the sea. It forms a critical component of the village character, amenity, heritage and landscape setting of Bearna. However the compatibility of the Open Space/Recreation & Amenity zoning with the provision of rural housing for native residents of Bearna was examined and it is considered that the Open Space/Recreation & Amenity Zoned lands should be replaced with a Coastal Edge zoning that would accommodate genuine housing need in County Development Plan Page 28

31 accordance with a new objective LU10-Coastal Edge Zoning. In addition, the Land Use Matrix Table will also be amended to include new land use. See Chief Executives Recommendation to Submission No.15 and Appendix I. 20 Tom Cunnigham This submission relates to lands that are zoned Village Centre in the proposed plan and have the benefit of planning permissions 08/2296,13/953 and An Bord Pleanala PL ); -It is requested that the lands should be designated Opportunity Sites due to their extensive planning histories, location and context; -Clarity is required on the timeframe as to the delivery of the Inner Relief Road; Noted. The purpose of an Opportunity site is to identify a small number of key sites in the village of Bearna, to increase the attractiveness of these sites for development. However each site still has its individual zoning attributed to its subject lands. There is extensive planning history on these lands and currently a live permission for fifty residential units and associated uses. The subject lands have been zoned "Village Centre and Open Space Lands". It is therefore considered that this site should not be identified as an "Opportunity site"; -Part of the relief road has been constructed. It is a priority of Galway County Council that the road project would be delivered within a reasonable time frame. -It is stated that a Flood Risk Assessment was carried out on these lands and as a result the construction of the units should be considered in the zoning of these lands. It is requested that the segment of these open space lands should be removed and rezoned village centre. - This submission refers to an extant permission and a Flood Risk Assessment (including associated Justification Test). There is no evidence provided that warrants any change to the flood zone. The 2009 Flood Guidelines contain two sets of criteria for Justification Tests one at Box 4.1 for Plans and one at Box 5.1 for individual applications. Box 4.1 is applied at Plan level. County Development Plan Page 29

32 21 Sarah Kearney There is concern regarding the entrance of the proposed BEarna By-Pass and the potential impact that the road will have on the business (Galway Coast Cottages) as there will be a major junction located at the entrance to the cottages. The submission uses a project level Justification Test (criteria from Box 5.1) to argue for a change in zoning at Plan level, where criteria from Box 4.1 need to be applied. The Planning Authority notes the strategic location of these lands and the related planning histories. It is noted the justification test carried out in the 2012 Bearna LAP to lands to the west of the Bearna Pier, but in the relatively short 5 year period since 2012 there has been a significant number of floods, many with significant extents and damages associated with them. These actual events are consistent with the widely accepted predictions associated with the impacts of climate change including increased likelihood and magnitude of river and coastal flooding. A selection of some of the flood events affecting County Galway and its inhabitants since 2012 are provided in Appendix II. The Planning Authority considers that there are more alternative lands available for village centre uses in Bearna and therefore it is considered that the Justification test is not applicable on these lands. No change to the Proposed Variation No 2(a) to the Galway Noted. The Part 8(reference LA27/06-Bearna Inner Relief road) was approved at a meeting of Galway County Council on the 23 rd of October A section of the inner relief road has already been constructed. In the Bearna LAP the roadline was illustrated on the maps. The Proposed Variation 2(a)-Bearna Plan does not deviate from this line, however it does illustrate the entire corridor as per the Part 8 application. The proximity on private properties as per this submission is noted however the encroachment County Development Plan Page 30

33 22 Terry Lydon c/o James O Donnell This submission relates to lands in the village centre. The lands are in close proximity to the local post office and identified as "Opportunity Site No.2." A Flood Risk Assessment for these lands have been submitted. -It is requested that a portion of the lands (approx ha) which is proposed to be zoned "Open Space/Recreation and Amenity" would be removed and the "Village Centre" zoning that is set out in the existing Bearna Plan be retained; -It is considered that these lands are brownfield and are in a strategic location, close proximity to the local public transport nodes; -It is stated that the Open Space/Recreation and Amenity zoning on these lands have been informed by the OPW Preliminary Flood Risk Assessment for the area. However because of the extensive planning history, the infill/brownfield characteristics of the site with the urban core of Bearna it is considered the lands subject to this submission would pass the Development Plan Justification Test as set out in the Box 4.1 of the Flood Risk Management Guidelines and the provisions of the DoECLG Circular PL 2/2014. A table with the Justification Test criteria has been included as part of the submission. Reference is made to the Bearna Plan where the justification test was applied on lands to the west of Bearna Pier during the 2012 amendment of the plan; -It is contended that the Planning Authority has the discretion to retain the village centre zoning on these lands and subsequently recommend suitable flood risk management measures for the site. is at the extremities of the corridor and will not affect the properties in question as the relief road will be significantly narrower that the corridor shown. It should also be noted that the scale of the maps from the Bearna LAP to that of the current variation no.2a is greater, therefore illustrating the more detailed corridor. No change to the Proposed Variation No 2(a) to the Galway Noted. The subject lands are located centrally in Bearna village. There is extensive planning history on these lands. The subject lands are identified in Flood Zone A. The Flood Risk Assessment that is part of the submission states that The SFRA carried out for the Bearna area does not meet the necessary detail to inform the Plan as to the extent and location of lands subject to fluvial flood risk. The SFRA undertaken at Plan level provides an appropriately strategic assessment of flood risk within the town of Bearna in compliance with the 2009 Flood Guidelines. It considers, among other things, available, published information on flood risk. The Flood Risk Assessment that is part of the submission refers to limitation of Preliminary Flood Risk Assessment (PFRA) mapping. The SFRA recognises limitations with respect to this mapping and in this source of information and, on lands to the north of the subject site, the PFRA mapping has been shown to underestimate the risk of flooding as is demonstrated by the incontrovertible evidence (photographic or video) provided within other submissions. The Flood Risk Assessment states that: No historical or anecdotal information is available for this stream. This is incorrect, as demonstrated by the evidence. The study does not appear to be aware of this previous flooding or evidence. This evidence confirms the County Development Plan Page 31

34 general extent of flooding area immediately upstream which exceeds the areas shown in the models. It is uncertain as to how long after or before the peak that the evidence was captured, and how large the peak was. As a result of these issues, the correct approach is to be conservative and the area shown in the existing flood zone should be regarded as the smallest area at elevated risk of flooding. Furthermore, in addition to the PFRA fluvial mapping indicator being available at this site, the JBA flood model identifies that this site is at risk of flooding. The Flood Risk Assessment included in the submission: does not appear to be aware of previous flooding and associated incontrovertible evidence immediately upstream; identifies that fluvial flow from the Trusky River could flood a portion of the site due to blockage and/or overflow of an undersized culvert, however no Flood Zone mapping is provided; specified estimated flood levels generated from streamflow appear not to have taken into account climate change factors for rainfall or flow. Taking all of the above into account Indicative Flood Zone A at this site should not be reduced. The Planning Authority notes the strategic location of these lands and the related planning histories. The increased flood events upstream has also to be carefully considered in determining the land use zone for these lands. The evidence of flooding upstream confirms the general extent of flooding in this area which exceeds the areas shown in the models. It is noted the justification test carried out in the 2012 Bearna LAP to lands to the west of the Bearna Pier, but in the relatively short 5-year period since 2012 there has been a significant number of floods, many with significant extents and damages associated with them. These actual events are consistent with the widely accepted predictions associated with the impacts of climate change including County Development Plan Page 32

35 23 Maura Connelly c/o McCarthy Keville O Sullivan This submission relates to lands located in the townland of Freeport, Bearna. The lands are located along the eastern side of the R336 and adjacent to the existing primary school. -The subject lands are proposed to be zoned "Community Facilities" as part of Variation 2a to the Galway County Development Plan. These lands were zoned "village core" in the Bearna Plan ; -It is stated that a number of historical planning applications were made on these subject lands, which were subsequently refused. In more recent times it is referenced that there was planning permissions granted for residential units adjacent to these lands and therefore the principle of residential development should be accepted on the said lands; -It is referenced that a possible use of these lands as a result of the proposed zoning wold be to facilitate the upgrade/relocation of the school. The location of these lands on a busy regional road would not be suitable for a new school; -It is considered that the wording of Objective UD2-New Buildings is restrictive in terms of reducing the building height of buildings from to two-half storey to maximum height of two storeys. It is suggested that maximum building height of three storey within Village Centre zoned lands should be applied; increased likelihood and magnitude of river and coastal flooding. A selection of some of the flood events affecting County Galway and its inhabitants since 2012 are provided in the table in Appendix II. The Planning Authority considers that there are more alternative lands available for village centre uses in Bearna and therefore it is considered that the Justification test is not applicable on these lands. No change to the Proposed Variation No 2(a) to the Galway Noted. As part of the pre-draft public consultation on Variation No.2 (a) to the Galway County Development Plan a number of submissions were received highlighting the lack of community facilities in Bearna and the requirement to zone appropriate lands. In the preparation of Variation No.2a (Bearna Plan) it was clear that lands were required to be zoned for such uses. As a result the Planning Authority has identified lands that are considered suitable for Community Facilities, one such area is the subject lands that have been identified in the submission. -A review of the wording as proposed has been examined and in the context of the established building pattern in the village centre. The Planning Authority however is concerned that a maximum building height of three storeys as the general parameter of building heights in the area County Development Plan Page 33

36 could possibly have an adverse impact on the setting of the village. Therefore, it is considered reasonable to retain the maximum building height of two- half storeys as the objective allows flexibility as increased building heights maybe considered in exceptional circumstances where it can be demonstrated that the proposed development would contribute positively to the character of the village. -It is requested that the subject lands would be zoned "Village Centre" as they are accessible and serviced. -It is the opinion of the Planning Authority that these lands would retain their "Community Facilities" zoning. 24 Michael Walsh c/o McCarthy Keville O'Sullivan This submission relates to lands located in the townland of Knockaunnacarragh which is 1km east of Bearna village. -The lands were zoned "Outer Village Phase 2" as part of the Bearna Plan It is now proposed to zone these lands Open Space/Recreational & Amenity; -It is contended that these lands have planning histories (table provided with list of planning applications) and the principle of residential development has been accepted on these lands; -It is stated that the justification has not been provided in relation to the proposed zoning of these lands; -It is requested that these lands should be zoned "Phase 1 Residential and not the proposed Open Space/Recreation & Amenity. A schematic drawing has been attached with the submission illustrating the permitted residential dwellings to the front of the landholding which have been zoned "Existing Residential" and future residential units if these lands were zoned Residential Phase 1. No change to the Proposed Variation No 2(a) to the Galway Noted. The subject lands have been identified Open Space/Recreation and Amenity as these lands are a natural buffer between the plan area and the rural countryside. The topography of these lands is elevated and the access arrangements serving these lands are restricted in terms of visibility splays to accommodate a significant number of residential units that would be proposed if the lands were zoned Residential Phase 1. It is therefore considered that these lands should remain Open Space/Recreation & Amenity. No change to the Proposed Variation No 2(a) to the Galway 25 Aengus & Nicole Burns This submission supports the construction of the Bearna Village relief road. Noted. The support of the Bearna Relief road is welcomed. County Development Plan Page 34

37 -It is stated that development should be strictly sequential and that no development should be permitted north of the proposed relief road before it is constructed; -It is requested that a footpath should be provided along the Moycullen Road to ensure the safety of pedestrians in the village. -It is considered that there are objectives in the plan and in the County Development Plan to ensure that development occurs in a sequential manner. The purpose of the corridor is to sterilise the lands immediately adjoining the proposed road, thus the buffer zone illustrated on the land use zoning map for Bearna. -The Bearna Plan is not an economic plan with the provision of financial budget to facilitate the construction of footpaths etc. The plan is a land use plan that supports the development of the plan area. There are objectives in relation to the provision of footpaths and lighting network (Objective RT3-Public Footpath & Lighting Network). 26 Gabriel McGoldrick Extracts from planning applications/an Bord Pleanala correspondence have been submitted that relate to the provision of footpaths. -It is requested that a provision of footpaths and lighting along the Moycullen road is required and warranted; No change to the Proposed Variation No 2(a) to the Galway Noted. The Bearna Plan is not an economic plan with the provision of financial budget to facilitate the construction of footpaths etc. The plan is a land use plan that supports the development of the plan area. There are objectives in relation to the provision of footpaths and lighting network (Objective RT3-Public Footpath & Lighting Network). -There is reference to the provision of school places and tables have been provided which illustrate extant permissions and the number of school places required. It is stated that the existing school is inadequate due to the physical constraints of the site and large pupil classrooms of 30 plus children; -As part of the Draft Plan process a submission was received from the Department of Education and Skills who have indicated that either the existing primary school or adjoining primary schools can accommodate the increase in primary school going children. It is acknowledged that County Development Plan Page 35

38 the facilities around the existing primary school is restricted. The Planning Authority has identified lands for Community Facilities in the plan area and Objective CF1- National School ensures that there is an objective to facilitate either the upgrading of Scoil Sheasus Naofa or its relocation to a more appropriate site. -This submission contains photographic and video link evidence of flooding of lands adjacent to the existing Cnoc Fraoigh development in December 2015, July 2017 and September The submission also identifies evidence of an area of swamp that was identified as part of a previous planning application. It is requested that the Flood Maps would be extended (Flood Zone A) and updated to reflect missing tributaries; -The incontrovertible evidence contained in the submission is considered as new and is welcomed. The Cloghscoltia River flows in a north-south direction to the east of the existing Cnoc Fraoigh Housing Estate. There is an area of elevated flood risk along the river and the PFRA Fluvial mapping identifies risk in this area. The soils on these lands are shallow. The evidence identifies areas of elevated risk of flooding adjacent to the existing housing site - this is consistent with the findings of the SFRA. The evidence submitted shows, however, that the Indicative Flood Zone A underestimates the risk in certain locations. The evidence submitted shows the flooding of various areas of the site in multiple flood events. The evidence confirms the general extent of flooding in this area which exceeds the areas shown in the models. It is uncertain as to how long after or before the peak that the evidence was captured, and how large the peak was. As a result of these issues, the correct approach is to be conservative and the area shown in the existing flood zone should be regarded as the smallest area at elevated risk of flooding. Based on the evidence contained within the submission Indicative Flood Zone A is to be extended at Cnoc Fraoigh. Finally, the submission also identifies a number of relatively small tributaries that were not included within the SFRA mapping. These tributaries flow into the main channel around which the Indicative Flood Zone A has been delineated. Parts of the tributaries are included within the Flood Zone already. In addition to updating the flood map to extend Indicative Flood Zone A County Development Plan Page 36

39 based on the photographic evidence, the flood mapping will be updated to show these tributaries. -It is stated that a number of objectives should be retained (NH7, NH9,RT5,IS14,VD12,VD13,VD14,VD15,VD16 and VD17). -These objectives are proposed to be retained in the Bearna plan. Amend the Flood Mapping and subsequent changes to the Land Use Zoning Map for Bearna: a). The Flood Zone A adjoining Cnoc Froaigh Housing Estate should be increased by 0.48ha as follows: From: To: County Development Plan Page 37

40 b). Residential Phase 1 lands adjoining Cnoc Froaigh Housing Estate should be reduced by 0.48ha. These lands should be zoned Open Space/Recreation & Amenity: From: To: C). Allocate 0.48ha of Residential Phase 1 lands: From: County Development Plan Page 38

41 To: 27 Simon Kelly This submission relates to access arrangements from a property on the eastern side of Bearna village on the R336. -The entry and exist at this location is very dangerous and the cars travelling along this route do not adhere to the 50kph speed limit; -It is suggested that the inner relief road and roundabout should be positioned further east closer to Barna Church which would be a safer solution for the residents of the village and at the same time more lands would be opened up for development; -The location of the relief road as indicated on the map submitted is close to a recently constructed residential unit and by relocating this route would have less damage on the local environment and properties of people. Noted. The Part 8(reference LA27/06-Bearna Inner Relief road) was approved at a meeting of Galway County Council on the 23 rd of October A section of the inner relief road has already been constructed. In the Bearna LAP the road line was illustrated on the maps. The Proposed Variation 2(a)-Bearna Plan does not deviate from this line, however it does illustrate the entire corridor as per the Part 8 application. The proximity on private properties as per this submission is noted however the encroachment is at the extremities of the corridor and will not affect the properties in question as the relief road will be significantly narrower that the corridor shown. It should also be noted that the scale of the maps from the Bearna LAP County Development Plan Page 39