CORK COUNTY COUNCIL ORDER NO: SUBJECT:

WCP/13/63

O.S. NO. CK 153 - 05

Application Reg. Ref. No. 12/00651 for: Construction of a slipway; demolition of the existing Bull's Nose structure at the outer end of the Breakwater Pier and its replacement with a new structure incorporating a storm gate and an extension to the end of Duffy's Pier; excavation, dredging and reclamation works including the construction of an armoured embankment at the seaward side of the new Bull's Nose structure and the reclamation of part of the Inner Basin to facilitate road widening and realignment, parking, lay down and landscaping works North Harbour, Cape Clear Island, Co. Cork

at:

ORDER:

Conditional Permission is hereby GRANTED subject to the provision of Subsection 11 of Section 34 of the Planning and Development Acts, 2000 - 2010 for the reason set out in the First Schedule attached hereto. to: of: Department of Agriculture, Food & the Marine c/o Malone O'Regan St. Catherine's House Catherine Street Waterford Construction of a slipway; demolition of the existing Bull's Nose structure at the outer end of the Breakwater Pier and its replacement with a new structure incorporating a storm gate and an extension to the end of Duffy's Pier; excavation, dredging and reclamation works including the construction of an armoured embankment at the seaward side of the new Bull's Nose structure and the reclamation of part of the Inner Basin to facilitate road widening and realignment, parking, lay down and landscaping works North Harbour, Cape Clear Island, Co. Cork

for:

at:

in accordance with plans and particulars lodged by the applicant on 18/10/2012, as amended on 21/12/2012, as amended on 07/01/2013 and subject to the conditions (17 no.) set out in the Second Schedule attached hereto. The Permission is to be granted subject to the conditions

provided no appeal is made to An Bord Pleanla within the statutory time for the making of such appeals.

SIGNED:
James Fogarty Divisional Manager

Dated this

22/02/2013

FIRST SCHEDULE

Planning Ref. No. 12/00651

Having regard to the development plan objectives for the area and the pattern of development in this rural area, it is considered that subject to compliance with conditions attached in the Second Schedule, the proposed development would not seriously injure the amenities of the area and would not be prejudicial to public health and, therefore, would be in accordance with the proper planning and sustainable development of the area.

SECOND SCHEDULE

No. 1

Condition The proposed development shall be carried out in accordance with plans and particulars lodged with the Planning Authority on 18/10/2012 as revised by documentation and significant further information received by the Planning Authority on 21/12/2012 and 7/01/2013, save where amended by the terms and conditions herein. The applicant shall engage the services of a suitably qualified archaeologist with suitable underwater/marine experience, to monitor under licence all ground disturbance works associated with the development, including all dredging operations. All removed dredged spoil shall be spread in the reclaimed area and metal detected for artefacts bearing potential. Should archaeological material be found during the course of monitoring, the archaeologist may have work on the site stopped, pending a decision as to how best to deal with the archaeology. The developer shall be advised by the Local Authority and the Department of Arts Heritage & Gaeltacht with regard to any necessary mitigating action (e.g. preservation in-situ, dive and/or geophysical survey or excavation). The applicant shall facilitate the archaeologist in recording any material found. The Planning Authority and the National Monuments Section of the Department of Arts Heritage & Gaeltacht shall be furnished with a report describing the results of the archaeological monitoring. The existing Bulls Nose and Duffys pier shall be archaeologically recorded prior to the commencement of the onsite works. The archaeologist shall provide a written description with details of form, fabric, function and

Reason To ensure the continued preservation of the site, features, or other objects of archaeological interest.

To ensure the continued preservation of the site, features, or other objects of archaeological interest.

To preserve by record items of heritage value.

date, site plan and elevations (existing survey drawings, where available, can be used and annotated appropriately) and a clearly labelled photographic record. The site plan shall show the relationship of the structure to its curtilage, or rural surroundings and adjacent land. The report shall be submitted to the Planning Authority and the National Monuments Service of the Department of Arts Heritage and Gaeltacht. The lay-down section on the eastern side of the proposed infill area - in front of the bird observatory - shall be removed and a boat hauling-up area shall be provided. Details, including revised layout, shall be submitted to and agreed with the Planning Authority prior to commencement of any works on site. The area around the location of the slipway shall be archaeologically assessed by way of walk over and intertidal survey in advance of works commencing there to ensure there is no potential archaeology located in the area. The assessment shall be undertaken by a suitably qualified archaeologist. Should archaeological material be found during the course of assessment, the archaeologist shall contact, and be advised by, the Planning Authority and the Department of Arts, Heritage & Gaeltacht with regard to any necessary mitigating action (e.g. monitoring, preservation insitu, dive and/or geophysical survey or excavation) that will be required. The applicant shall facilitate the archaeologist in recording any material found. Construction works shall be carried out in accordance with the following CIRIA best practise Guidelines: C584 Coastal and Marine Environmental Site Guide; C532 Control of Water Pollution from Construction, and Guidance for Consultants and The use of

In the interests of the amenity of the area and the proper planning and sustainable development of the area.

To preserve items of archaeological importance.

In the interest of protecting water quality and preventing impacts on the habitats or species of the Roaringwater Bay and Islands Special Area of Conservation.

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concrete in maritime engineering a guide to good practice. Marine mammal monitoring shall be carried out by a qualified and experienced marine mammal observer, in full accordance with the recommendations set out in the submission of the Department of Arts, Heritage and Gaeltacht in their report of 19th November 2012. No plant, machinery equipment or materials associated with the construction shall be stored on coastal terrestrial habitats including heath, or habitats of the seashore for which the SAC is designated. A Construction Method Statement shall be submitted to and agreed with the Planning Authority prior to the commencement of works at the site. The plan shall be prepared in accordance with CIRIA best practice Guidelines set out in Condition No.6 above, and shall include an Environmental Operating Plan and a Pollution Contingency Plan. The Statement shall incorporate all of the commitments in relation to the protection of habitats, species and water quality, the prevention of spread of invasive species, and the monitoring of species contained in Natura Impact Statement and required by these conditions. It shall identify the person(s) responsible for implementing the plan, and for carrying out any required environmental monitoring. Adequate provision shall be made to facilitate access to the proposed development by disabled persons. Before development commences, a landscaping scheme shall be submitted to and agreed in writing with the Planning Authority. This scheme shall include details of all proposed planting and include hardlandscaping treatments and furniture surrounding the development. Any solid wastes arising on the site including construction and

In the interest of preventing disturbance to species for which Roaringwater Bay and Islands is designated.

In the interest of preventing impacts on the habitats for which the Roaringwater Bay and Islands is designated a Special Area of Conservation. In the interest of protecting water quality and preventing impacts on the habitats or species of the Roaringwater Bay and Islands Special Area of Conservation.

To facilitate access by disabled persons. In the interests of visual amenity.

To protect the local environment.

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demolition waste, soil and stone waste shall be recycled as far as possible. Any materials exported from the site for recovery, recycling or disposal shall be managed at an approved facility. Adequate on site arrangements shall be made to the satisfaction of the Planning Authority for the storage of recyclable materials prior to collection. Any end-of-life equipment shall not be allowed to accumulate on site and any end-of-life equipment wastes arising on the site shall be recycled as far as possible. Materials exported from the site for recovery, recycling or disposal shall be managed at an approved facility. Adequate on site arrangements shall be made to the satisfaction of the Planning Authority for the storage of recyclable materials prior to collection. Any oil storage tanks areas shall be rendered impervious to the materials stored therein. In addition, storage tank areas shall be bunded, either locally or remotely, to a volume of 110% of the largest tank within each individual bunded area. Drum storage areas shall be bunded to a volume equal to 110% of the sum of the volumes of the largest five drums likely to be stored therein. The height of the bund for any drum storage area shall be not less than 300 millimetres. Any hazardous or contaminated wastes arising on the site shall be recycled as far as possible. Materials exported from the site for recovery, recycling or disposal shall be managed at an approved facility. Adequate on site arrangements shall be made to the satisfaction of the Planning Authority for the storage of recyclable materials prior to collection. During construction noise levels emanating from the proposed development when measured at noise sensitive location shall not

To protect the local environment.

To protect the local environment.

To protect the environment.

To protect the amenity of the area.

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exceed 55dBA (15 minute Leq) between 08.00 hours and 20.00 hours, Monday to Saturday inclusive, and shall not exceed 45 dBA at any other time. Measurements shall be made in accordance with ISO recommendation R.1996/1 Acoustics - Description and Measurement of Environmental Noise, Part 1: Basic Quantities and Procedures. If noise contains a discrete, continuous tone (whine, hiss screech, hum etc.), or if there are distinctive impulses in the noise (bangs, clicks, clatters or thumps), or if the noise is irregular enough in character to attract attention, a penalty of + 5dbA will be applied to the measured noise level and this increased level shall be used in checking compliance with the specified levels. All site operations shall be carried out in such a manner as to ensure that no odour or dust nuisance occurs off site.

To protect the environment.