Agenda item

Consideration of the Chief Executive's Report on submissions received on the proposed material alterations to the draft Roscommon Town Local Area Plan 2024 - 2030 , in accordance with Section 20(3) of the Planning & Development Act, 2000 (as amended)

-          as circulated

Minutes:

Greg O’Donnell, A/Director of Services outlined that the Chief Executive’s report and recommendations relate to submissions received on the Proposed Material Alterations to the Draft Plan and this is a key component of the third and final stage of the plan preparation process. He advised that Members consideration will be in relation to the proposed material alterations to the Draft Plan and the Chief Executive’s recommendations on same, and advised of the limitations to making further modifications to the proposed material alterations, as detailed on page 5 of the Chief Executive’s Report. 

 

Submission from the Office of the Planning Regulator (OPR)

 

Theme 1- Core Strategy and land use zoning for residential use

 

CE Recommendation No. 1: MA 30 (Lisnamult)

On the PROPOSAL of Cllr. Fitzmaurice

            SECONDED by Cllr. McDermott

It was AGREED to accept the Chief Executive’s Recommendation No 1 to make the Plan with the proposed material alteration as set out in MA 30 concerning c. 1.9ha. of land, where it was proposed to: 

 

Amend Maps 1, 1A, 1B, 1C and 3 of the Draft Plan as follows:

-              Southernmost portion of land, Lisnamult: Zone the land as ‘New Residential’ instead of the ‘Unzoned’ identification in the Draft LAP;

-              In conjunction with the above amendment to land use zones, amend and update Table 11.1 Land Use Zoning Extents and Table 11.2 New Residential Lands on pages 64 and 65 respectively to reflect the altered land extents.

 

And to also: 

-          Amend the content in the ‘Residential Sites’ table in Appendix 1 (Planning and Infrastructure Assessment) on page 75 of the Draft Plan to include the Lisnamult lands as an additional site, assigned a Tier 2 classification in respect of water supply and wastewater; and

-          Include corresponding detail on Map 1C – Land Use Zoning and Infrastructure Assessment Map (identifying the Lisnamult ‘New Residential’ land as site 8 and re-number all subsequent sites accordingly.   

Cllr. Waldron voiced concerns regarding this but this was not supported by any of the other Members present.

 

CE Recommendation No. 2: MA 31 (Hawthorne Drive)

On the PROPOSAL of Cllr. Scahill

            SECONDED by Cllr. Fitzmaurice

It was AGREED to accept the Chief Executive’s Recommendation No. 2 to make the LAP with the proposed material alteration as set out in MA 31 regarding c. 1.9 ha of land and where it was proposed to:

 

Amend Maps 1, 1A, 1B, 1C and 3 of the Draft Plan as follows:

-                      Hawthorn Drive: Zone the land as ‘New Residential’ instead of the ‘Unzoned’ identification in the DraftLAP;

-                      In conjunction with the above amendments to land use zones, amend and update Table 11.1 Land Use Zoning Extents and Table 11.2 New Residential Lands on pages 64 and 65 respectively to reflect the altered landextents.

 

And to also: 

-          Amend the content in the ‘Residential Sites’ table in Appendix 1 (Planning and Infrastructure Assessment) on page 75 of the Draft Plan to include the Hawthorn Drive lands as an additional site, assigned a Tier 1 classification in respect of water supply and wastewater; and

-          Include corresponding detail on Map 1C – Land Use Zoning and Infrastructure Assessment Map (identifying the Hawthorn Drive ‘New Residential’ land as site 9 and re-number all subsequent sites accordingly.   

 

CE Recommendation No. 3: MA 43 (Ballinagard – opposite Meadowfield)

Members noted that part of the subject lands are within identified flood zones.

 

On the PROPOSAL of Cllr. Fitzmaurice

            SECONDED by Cllr. McDermott

It was proposed to NOT ACCEPT the Chief Executive’s Recommendation No. 3 (which recommended that the LAP be made without the proposed material alteration as set out in MA 43 concerning c. 2 ha. of additional lands proposed to be zoned ‘New Residential’) and that the lands would instead be zoned as ‘New Residential’ as per MA 43, with the exception of the areas of land identified as being in Flood Zones A and/or B.

 

On the COUNTER PROPOSAL by Cllr. Brennan

                               SECONDED by Cllr. Waldron

It was proposed to NOT ACCEPT the Chief Executive’s Recommendation No.3 and to instead zone the lands in their entirety as ‘New Residential.’

 

 

The Members discussed both proposals and while the consensus was to support development, the Members agreed that it was not a good idea to support building houses on the portion of the site that had been identified as a flood risk. David L’Estrange, Environmental Consultant from CAAS Ltd. advised that the Strategic Flood Risk Assessment (SFRA) was undertaken using best available evidence and in accordance with Ministerial Guidelines in respect of the assessment of flood risk.  He advised of the need to take a precautionary approach and in addition advised that in the event that the Plan is adopted to include the zoning of lands which are at risk of flooding for residential purposes, Members may be personally liable. 

 

Cllr. Brennan subsequently withdrew his proposal and

On the PROPOSAL of Cllr. Fitzmaurice

            SECONDED by Cllr. McDermott

It was AGREED that the subject lands would be zoned as ‘New Residential’, with the exception of the extent of the land within the identified flood zones, and that those areas would be zoned as ‘Greenbelt.’ 

 

Cllr Fitzmaurice provided a map to identify the extent of the ‘New Residential’ and ‘Greenbelt’ land use zones to accompany his proposals.

 

CE Recommendation No. 4: MA 46 (Cloonybeirne)

Cllr. Brennan advised at the outset that although he was in business with the owner of the subject lands, he had no involvement in the lands and therefore no conflict of interest regarding these lands. 

 

On the PROPOSAL of Cllr. McDermott

            SECONDED by Cllr. Scahill

It was AGREED NOT to accept the Chief Executive’s Recommendation No. 4 (which recommended that the LAP be made without the proposed material alteration as set out in MA 46 involving the zoning of c. 2.7ha of additional landsas ‘New Residential’) and that the lands would instead be zoned as ‘New Residential’ as per Proposed Material Alteration MA 46.

 

CE Recommendation No. 5: MA 50 (Ballinagard – Galway Road, previous Taggart Homes Site)

On the PROPOSAL of Cllr. Fitzmaurice

            SECONDED by Cllr. McDermott

It was AGREED NOT to accept the Chief Executive’s Recommendation No. 5 (which recommended that the the LAP be made without the proposed material alteration as set out in MA 50 involving the zoning of c. 4 ha. of additional lands as ‘New Residential’) and that the lands would instead be zoned as ‘New Residential’ as per Proposed Material Alteration MA 50, with the exception of the extent identified as being in Flood Zone A and B, which would be zoned as ‘Greenbelt.’

 

Cllr Fitzmaurice provided a map to identify the extent of the ‘New Residential’ and ‘Greenbelt’ land use zones to accompany his proposals.

 

 Theme 2 – Regeneration

 

CE Recommendation No. 6: MA 14 (Opportunity Site No. 3, Henry Street Infill Site)

Greg O’Donnell, Acting Director of Services, advised of the obligation to achieve compact growth and deliver 30% of housing in core areas of the town.  He explained that the Chief Executive’s Recommendation No. 6 to identify this land as a specific residential ‘Opportunity Site’ identification had the potential to contribute to achieving this, and also advised that the land is within the ‘Town Core’ land use zone.

 

Brian Farragher, Senior Executive Planner, advised of potential RZLT liabilities whether identified as an ‘Opportunity Site’ or not, as various forms of residential development are ‘permitted in principle’ or ‘open to consideration’ on lands zoned ‘Town Core.’ 

 

 On the PROPOSAL of Cllr. McDermott

            SECONDED by Cllr. Fitzmaurice

It was AGREED NOT to accept the Chief Executive’s Recommendation No. 6 (which recommended that the LAP be made without the proposed material alteration as set out in MA 14, which proposed to remove ‘OPPORTUNITY SITE NO. 3 – HENRY STREET – INFILL SITE’) and to instead remove the identification of this land as ‘Opportunity Site No. 3 – Henry Street’ as per Proposed Material Alteration MA 14.

 

CE Recommendation No. 7: MA 15 (Opportunity Site No. 4, Castle Lane)

On the PROPOSAL of Cllr. McDermott

            SECONDED by Cllr. Fitzmaurice

It was AGREED NOT to accept the Chief Executive’s Recommendation No. 7 (which recommended that the LAP be made without the proposed material alteration as set out in MA 15, which proposed to remove ‘OPPORTUNITY SITE NO. 4 – CASTLE LANE’) and to instead remove the identification of this land as ‘Opportunity Site No. 4 – Castle Street as per Proposed Material Alteration MA 15.

 

Mary Grier, Senior Planner advised in relation to concerns expressed about the impact of potential development on Roscommon Castle, that the lands remain within the ‘Town Core’ land use zone and due to the removal of the specific residential ‘Opportunity Site’ identification, the lands would therefore be open to a wide range of uses, in addition to residential use.   

 

Theme 3 – Land Use Zoning and Employment

 

CE Recommendation No. 8: MA 45 (Roxborough)

On the PROPOSAL of Cllr. Fitzmaurice

            SECONDED by Cllr. Brennan

It was AGREED NOT to accept the Chief Executive’s Recommendation No. 8 (which recommended that the LAP be made without the proposed material alteration as set out in MA 45 concerning the zoning of c. 3.7ha. of additional lands, remote from the main Plan area, as ‘Strategic Industrial / Enterprise Zone’) and to instead zone the lands as ‘Strategic Industrial / Enterprise Zone’ as per Proposed Material Alteration No. 45, but excluding the area identified as being in the flood zone and amending the boundary to reflect this.

 

Cllr Fitzmaurice provided a map to identify the extent of the ‘New Residential’ and ‘Greenbelt’ land use zones to accompany his proposals.

 

CE Recommendation No. 9:

On the PROPOSAL of Cllr. Fitzmaurice

            SECONDED by Cllr. McDermott

It was AGREED to accept the Chief Executive’s Recommendation No. 9 to amend Figure 11.1 – Roscommon Town Land Use Zoning Matrix, of the Draft LAP to make multi-unit residential development ‘Permitted in Principle’ on lands zoned Outer Core instead of ‘Open for Consideration’.

 

CE Recommendation No. 10:

On the PROPOSAL of Cllr. Fitzmaurice

            SECONDED by Cllr. McDermott

It was AGREED to accept the Chief Executive’s Recommendation No. 10 to include the following policy objective in Section 7.4 (Roscommon Town Approaches and Movement Study (RTAMS) on page 47 of the Draft LAP and re-number all subsequent policy objectives accordingly:

RN (TBC): Within six months of the making of this Plan, Roscommon County Council shall seek to commence the preparation of a Local Transport Plan to further support the existing Roscommon Town Approaches and Movement Study (RTAMS) and promote the principles of sustainable mobility and effective integrated land use and transport planning.

Submissions from Prescribed Bodies

 

MA Submission No. 3.1 Environmental Protection Agency (EPA)

Members noted that no changes were recommended.

 

MA Submission No. 3.3 Health & Safety Authority

Members noted that no changes were recommended.

 

MA Submission No. 3.5 Office of Public Works (Submission 1)

Members noted that no changes were recommended.

 

MA Submission No. 3.5(a) Office of Public Works (Submission 2)

Greg O’Donnell advised that no further action was required and no further recommendation was made by the Chief Executive as all three sites, (MA 43, MA 45 and MA 50 as referred to in the OPW submission) had already been addressed earlier in the meeting in decisions on the Chief Executive’s Recommendation No’s 3, 8 and 5.

Members noted this.

 

MA Submission No. 3.6 Northern and Western Regional Assembly (NWRA)

Greg O’Donnell advised that no further action was required and no further recommendation was made by the Chief Executive in response to issues raised in the NWRA submission, of which several had been addressed earlier in the meeting in decisions on the foregoing Chief Executive’s Recommendations.

Members noted this.

 

MA Submission No. 3.7 Transport Infrastructure Ireland (TII)

Greg O’Donnell advised that no further action was required and no further recommendation was made by the Chief Executive in response to issues raised in the TII submission, as the matter of the Local Transport Plan had already been addressed earlier in the meeting in the decision on the Chief Executive’s Recommendation No. 10.

Members noted this.

 

MA Submission No. 3.8 National Transport Authority (NTA)

Greg O’Donnell advised that no further action was required and no further recommendation was made by the Chief Executive in response to issues raised in the TII submission, as the matter of the Local Transport Plan had already been addressed earlier in the meeting in the decision on the Chief Executive’s Recommendation No. 10.

Members noted this.

 

MA Submission No. 3.9 Department of Education

Members noted that no changes were recommended.

 

MA Submission No. 3.11 Uisce Éireann (UÉ)

No further action was required here as all six sites referred to in the Uisce Éireann submission have already been addressed earlier in the meeting in decisions on the foregoing Chief Executive’s Recommendations.

 

MA Submission No. 3.16 Department of Environment, Climate and Communications

Members noted that no changes were recommended.

 

 

 

 

 

GENERAL SUBMISSIONS

 

MA Submission No. 3.2 Thomas Gilleran

Greg O’Donnell advised that the content of this submission did not relate to any proposed material alteration and therefore was not for consideration and there were no recommendations arising.

Members noted this.  

 

MA Submission No. 3.4 Orla Leyden

Greg O’Donnell advised that the issue raised, regarding a Local Transport Plan, had already been discussed and agreed under Chief Executive’s Recommendation No.10.

Members noted this.

 

MA Submission No. 3.10 Eamon Collins of Collins Boyd Engineers and Architects

David L’Estrange, CAAS Ltd.  addressed the meeting, referred to the Chief Executive’s response to the submission and confirmed that there was nothing additional to add to the response which already included content from CAAS Ltd, only to reaffirm that CAAS do not accept the assertion in the submission that flood extents are systematically inaccurate and he advised that the most up to date information from the Office of Public Works (OPW) was used when undertaking SFRA, in conjunction with information regarding land zone uses.  The members discussed drainage issues and the lack of funding from the OPW. 

 

Greg O’ Donnell, A/Director of Services advised that the assertion in the submission that the flood extents are inaccurate is not accepted, nor is the request to alter the flood zone. He reminded the Members that carrying out drainage works will not eliminate flood plains. He also advised Members that the Local Authority does not have the remit in respect of undertaking a study of the River Jiggy or undertaking drainage works, with the OPW being responsible for same.

Members noted that no further changes were recommended.

 

MA Submission No. 3.12 John and Helen Earley

Greg O’Donnell advised that there were no changes recommended as the lands were appropriately classified as Tier 2 in the Planning and Infrastructure Assessment contained in Appendix 1 of the Plan.

Members noted that no changes were recommended.

 

MA Submission No. 3.13 Glenman Corporation

Greg O’Donnell advised that the content of this submission did not relate to a proposed material alteration and that the land use zoning request had previously been considered and determined at an earlier stage in the plan making process. 

Members noted that no changes were recommended.

 

MA Submission No. 3.14 Aldi Stores c/o John Spain Associates Ltd.

Members noted that no changes were recommended.

 

MA Submission No. 3.15 Roscommon County Council c/o Fiona Chuinn, A/Director of Services (Housing, Culture and International Protection)

Mark Keaveney, Director of Services addressed the meeting and advised the Members that if Edenville House is zoned as ‘Community Infrastructure’ it limits the options to secure funding to bring this property back into use.  He further advised that potential THRIVE funding alone may not be sufficient.  Greg O’Donnell, A/Director of Service also referred Members to the land use zoning matrix and explained that  the ‘Outer Core’ land use zone permits a wide range of development types, including community development.

 

On the PROPOSAL of Cllr. McDermott

            SECONDED by Cllr. Brennan

It was AGREED NOT to accept the Chief Executive’s Recommendation No. 11 (which recommended that the LAP be made with Edenville House zoned as ‘Outer Core’ as per the Draft LAP) and to instead change the zoning of Edenville House to ‘Community Infrastructure’ as per Proposed Material Alteration MA 41.

 

MA Submission No. 3.16 Goldcross Developments Ltd.

Greg O’Donnell noted that the submission referred to a number of proposed material alterations, but primarily relates to a request to rezone lands.  The subject land and the zoning request had previously been considered and determined at an earlier stage in the plan making process. 

Members noted that no changes were recommended.

 

Following the conclusion of the consideration of all submissions and recommendations arising, the meeting was adjourned for a brief comfort break, and recommenced at 11.50am.

 

Greg O’Donnell advised the Members that on foot of amendments to land use zoning as agreed at the meeting, associated changes are required to be made to the information contained in Tables 11.1 and 11.2 on page 64 of the Draft Local Area Plan.

On the PROPOSAL of Cllr. Brennan

            SECONDED by Cllr. Fitzmaurice

It was AGREED to amend the details in the tables as outlined.

 

Greg O’Donnell advised that inorder tocomply withthe requirementsof Section177V ofthe Planningand DevelopmentAct 2000 (as amended), and pursuant to Article 6(3) of the Habitats Directive to determine whether or not a plan or projectwould affectthe integrityof anyEuropean site(s), an Appropriate Assessment determination would now be maderelating tothe potentialfor theRoscommon TownLocal Area Plan 2024-2030 that is being adopted to have effects on the integrity of Europeansites. He then read in its entirety the contents of the Chief Executive’s Order relating to the Appropriate Assessment determination (refer to attached copy of same).

 

On the PROPOSAL of Cllr. Fitzmaurice

            SECONDED by Cllr. Brennan

It was AGREED to accept the Appropriate Assessment Determination. 

 

On the PROPOSAL of Cllr. Scahill

            SECONDED by Cllr. Brennan

It was AGREED to formally make the Roscommon Town Local Area Plan 2024-2030, to include all amendments agreed at the meeting today.

 

Mary Grier, Senior Planner outlined the remainder of the plan making process, in which the adopted Plan will come into effect 6 weeks from today.  Within five working days of this meeting, all changes to the Draft Plan as agreed at the meeting today will be incorporated into the Plan as made and this is required to be submitted to the Office of the Planning Regulator (OPR) within five working days.  The OPR will consider the plan and where considered necessary, may make a recommendation to the Minister as to whether it should be accepted as made or alternatively that changes are required which would necessitate the issuing of a Ministerial Direction.  The Ministerial Direction process, including the public consultation and timeframes for this process were also detailed. It was confirmed that all elements of the Plan as made, unless the subject of a Draft Direction, would come into effect on September 5th 2024.

 

 


 

COPY OF CHIEF EXECUTIVE’S ORDER AS READ INTO MEETING RECORD 25/7/2024

 

Text Box: ROSCOMMON COUNTY COUNCIL Chief Executive’s Order Appropriate Assessment (AA) Determination under the Planning and Development Act 2000 (as amended) and the Habitats Directive for the Roscommon Town Local Area Plan 2024-2030

 

ORDER NO.                                                 

 

Subject:               Roscommon Town Local Area Plan 2024-2030

In order tocomply withthe requirementsof Section177V ofthe Planningand DevelopmentAct 2000, as amended, and pursuant to Article 6(3) of the Habitats Directive as to whether or not a plan or projectwould affectthe integrityof anyEuropean site(s),this AppropriateAssessment determination isbeing madeby RoscommonCounty Councilrelating tothe potentialfor theRoscommon TownLocal Area Plan 2024-2030 that is being adopted to have effects on the integrity of Europeansites.

 

In carrying out this Appropriate Assessment (AA), the Council is taking into account the matters specified under Part XAB of the Planning and Development Act 2000 (as amended), including the following:

·         The Natura Impact Report prepared for the DraftPlan;

·         The Screening for AA Report prepared for the Proposed MaterialAlterations;

·         Written submissions made during the Plan preparation process;and

·         Ongoing advice on AA from the Council’sagents.

 

A Consolidated Natura Impact Report has also been made available, integrating relevant elements of these matters into one document.

As part of the AA, it was identified that the Plan may, if unmitigated, have likely significant effects on 3 (no.) European sites. Plan elements that could present sources with pathways for likely significant effects to European sites are:

·         The Plan’s provisions, including those relating to land use zoning, strategies for planning and development, town centre and economic development, sustainable communities, transport and connectivity, local heritage, infrastructure, energy and utilities, which introduce sources for potential effects through construction phase such as habitat loss, light pollution, disturbance effects and hydrological interactions through surface hydrological connectivity and/or shared groundwatersources;

·         Loading pressures from the operational phase of developments – these sources could result in habitat loss/fragmentation, light pollution, disturbance effects and interactions with water quality (surface and/or groundwater);and

·         Increases in visitor numbers to ecologically sensitive areas during the operational phase of developments which have potential to introduce sources for significant effects, such as recreational and tourismdevelopments.


The undersigned, having carefully considered the information referred to above agrees with and adopts the reasoning and conclusions presented and determines that:

 

·         Implementation of the Plan to be adopted would have had the potential to result in adverse effects to the integrity of European sites, ifunmitigated.

·         The risks to the safeguarding and integrity of the Qualifying Interests, Special Conservation Interests and Conservation Objectives of the European sites have been addressed by the inclusion of mitigation measures into the Plan that will prioritise the avoidance of effects in the first place and mitigate against the identified potential adverse effects on the integrity of European sites where these cannot be avoided. In addition, all lower-level plans and projects arisingthrough theimplementation ofthe Planwill themselvesbe subjectto AA/screeningfor AA when further details of design and location areknown.

·         In-combinationeffects frominteractions withother plansand projectsare consideredand the mitigationmeasures incorporatedinto thePlan areseen tobe robustto ensurethat therewill be no adverse effect on the integrity of any European site as a result of the implementation of the Plan, either alone or in-combination with otherplans/projects.

·         Having incorporated mitigation measures into the Plan,it has been demonstrated that the Plan to be adopted is not foreseen to give rise to any adverse effect on the integrity of any designated European site, alone or in combination with other plans or projects1. This demonstration has been made in view of the Conservation Objectives of the habitats and/or species, for which these sites have beendesignated.

 

 

 

Signed:                                                                

Greg O’Donnell, A/Director of Services,

Roads and Active Travel Infrastructure, Planning and Boyle MD Manager.

 

 

 

Date:                                    July2024

 

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