CORK COUNTY COUNCIL. Reenrour West Bantry Co. Cork

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1 CORK COUNTY COUNCIL ORDER NO: WCP/16/311 O.S. NO. CK SUBJECT: Application Reg. Ref. No. 16/00333 for: at: Permission to demolish the existing single storey workshop/office building, boundary walls and fences and to construct a supermarket (net retail sales area of 1,672 sq/m) with ancillary off-licence, delivery area and storage at ground floor level; ancillary offices, car parking and plant at first floor level including all associated site works Reenrour West Bantry Co. Cork ORDER: Conditional Permission is hereby GRANTED subject to the provision of Subsection 11 of Section 34 of the Planning and Development Acts, for the reason set out in the First Schedule attached hereto. to: of: for: at: G.W Biggs & Co. c/o Daly Barry & Associates Glengarriff Road Bantry Co. Cork Permission to demolish the existing single storey workshop/office building, boundary walls and fences and to construct a supermarket (net retail sales area of 1,672 sq/m) with ancillary off-licence, delivery area and storage at ground floor level; ancillary offices, car parking and plant at first floor level including all associated site works Reenrour West, Bantry, Co. Cork in accordance with plans and particulars lodged by the applicant on 27/05/2016 and subject to the conditions (20 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 Pleanála within the statutory time for the making of such appeals. SIGNED:

2 Clodagh Henehan Divisional Manager Dated this 21/07/2016

3 FIRST SCHEDULE Planning Ref. No. 16/00333 Having regard to the established pattern of development within the vicinity of the site and to its location within a town centre, it is considered that subject to compliance with the conditions set out in the Second Schedule attached herein, the proposed development would not seriously injure the amenities of adjoining property or of the area and would be in accordance with the proper planning and sustainable development of the area

4 SECOND SCHEDULE No. Condition Reason 1 The proposed development shall be In the interests of clarity. carried out in accordance with plans and particulars lodged with the Planning Authority on 27/05/2016 save where amended by the terms and conditions herein. 2 The design of the building shall be amended by way of the following and drawings representing these changes shall be submitted and agreed with the Planning Authority prior to construction: 1. The external finish at first floor to the three centre gables forming the south elevation to the retail unit shall be changed from plaster to zinc. 2. The overhanging roof verge detail to all gables on the south elevation except for the roof over the entrance foyer shall be amended to provide a flush junction between roofs and walls. 3. The roof pitch to all gables on the south and west elevations shall be increased to at least 32.5 degrees. The roof pitch over the entrance foyer shall remain at 30 degrees to avoid excessive height at this point. 4. The brise soleil shall be lowered to coincide with the head of the ground floor glazing. 5. On the south elevation the narrow vertical features between the gabled elements shall be plastered rather than stone faced and shall be recessed rather than protruding. 6. The overhang of the roof to the east side of the entrance foyer shall be reduced from 1000 mm to 300 mm. 7. The zinc material for both the roof and the side cladding shall be such that it has a low folded standing seam of less than 50 mm and shall have no ridges in between seams. It shall not have raised boxed or other ridges so as to be less of an industrial aesthetic. The In the interests of visual amenity.

5 detail where the roof meets the side cladding shall require approval from the Planning Authority prior to commencement of construction. The membrane shall be metal and not PVC. 8. Details and colour of the elements on the elevations shall require approval prior to commencement of construction. They include the colour of the standing seam membrane, the rainwater downpipes, the detail of the slatted timber over the entrance porch and office windows, the timber effect sliding doors, the glazed balcony, the signage, the bris soleil and the glazing to the shopfront. 3 No signs or advertisements shall be erected or displayed on or within the curtilage of the development with the exception of a name plate not exceeding 150mm X 250mm, notwithstanding the exempted development provisions of the Planning and Development Regulations, 2001 as amended. 4 The development shall be provided with hydrants complying with BS 750: 1984 with male instantaneous outlets, cast iron covers and permanent fluorescent markers. These shall be so situated that no part on the perimeter of the building is more than 60m from a hydrant, any such distance being measured along a route which is suitable for a hose. These hydrants shall be located at a distance of not more than 46m and not less than 6m from the building. In the interests of visual amenity. To ensure an adequate supply of water is available to facilitate effective firefighting operations for the proposed development. The hydrants shall be served by a water main. The water supply shall be such that a flow in accordance with the requirements of Appendix 5 of the National guidance document on the provision of water for fire fighting as published by the Local Government Association and Water UK is available at all times from any two adjacent hydrants for at least two hours. If this flow is not

6 available, then alternative arrangements for the supply of fire fighting water shall be provided to the satisfaction of the Fire Authority. Full details of the proposed method of complying with the firefighting water supply requirements shall be submitted to the Planning Authority before the development commences 5 The developer shall ensure the provision of an adequate supply of potable water to serve the development. 6 Any damage to the adjoining public road by construction traffic during development works shall be made good by the Council at the expense of the developer. 7 Surface water drainage shall be discharged via a hydrocarbon interceptor before being discharged to the final surface water discharge drain. 8 Where demolition/excavated material is to be disposed of off site, it shall be disposed of within an approved waste/soil recovery facility. 9 Prior to the commencement of development the developer shall enter into a connection agreement with Irish Water in relation to the development. 10 No dust, mud or debris from the site shall be carried onto or deposited on the public road/footpath. Public roads and footpaths in the vicinity of the site shall be maintained in a tidy condition by the developer during the construction phase. 11 The shortfall of 26 car parking spaces shall be met by way of special contribution identified in the condition attached or other agreement with the Planning Authority. 12 Site operations/site works shall be carried out in such a manner that no polluting material enters any watercourse on, adjacent to or around the site. In the absence of a public supply it is the developer's responsibility to provide an adequate water supply. In the interest of road safety. To provide for satisactory drainage of the site. In the interests of public health. In the interests of orderly development. To protect the amenities of the area and in the interests of road safety. In the interests of orderly development. To protect the local environment. 13 All solid waste arising on the site To protect the local environment.

7 including all demolition waste, construction waste, waste rock, soil and stone, shall be recycled as far as possible. Any materials exported from the site for recovery, recycling or disposal shall be managed at an approved licensed facility. Adequate on site arrangements shall be made to the satisfaction of the Planning Authority for the storage of recyclable materials prior to collection. 14 Noise levels emanating from the proposed development when measured at noise sensitive receptors shall not exceed 55dBA (30 minute Leq) between hours and hours, and shall not exceed 45 dba (15 min Leq) at any other time. All sound measurements shall be carried out in accordance with ISO Recommendations R 1996, Assessment of Noise with Respect to Community Response as amended by ISO Recommendations R 1996/1, 2 and 3, Description and Measurement of Environmental Noise, as appropriate. 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. 15 Any hazardous or contaminated wastes arising on the site including any asbestos, etc shall be recycled as far as possible or disposed. 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. To protect the local environment. To protect the environment.

8 16 During construction noise levels emanating from the proposed development when measured at noise sensitive location shall not exceed 55dBA (15 minute Leq) between hours and hours, Monday to Friday 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. 17 All site operations shall be carried out in such a manner as to ensure that no odour or dust nuisance occurs off site. 18 All surface water shall be discharged via a hydrocarbon interceptor. An inspection chamber with a sump shall be installed between the interceptor and the watercourse. The sump shall be a minimum size of 500mm square and 400mm deep. The interceptor and sump shall be installed and operated to the satisfaction of the Planning Authority. 19 At least one month before commencing development or at the discretion of the Planning Authority within such further period or periods of time as it may nominate in writing, the developer shall pay a contribution of 86, to Cork County Council in respect of public infrastructure and facilities benefiting development in the area of the Planning Authority. The To protect the amenity of the area. To protect the environment. To protect the local amenity. It is considered appropriate that the developer should contribute towards the cost of public infrastructure and facilities benefiting development in the area of the Planning Authority, as provided for in the Council's Development Contributions Scheme, made in accordance with section 48 of the 2000 Planning and Development Act, and that the level of contribution payable should

9 value of this contribution is calculated in accordance with the Council's Development Contributions Scheme on 01/07/2016, and shall be increased monthly at a rate of 8% per annum in the period between the date on which this value was calculated, and the date of payment. 20 At least one month before commencing development or at the discretion of the Planning Authority within such further period or periods of time as it may nominate in writing, the developer shall pay a special contribution of 452, to Cork County Council, updated monthly in accordance with the Consumer Price Index from the date of grant of permission to the date of payment, in respect of specific exceptional costs not covered in the Council s General Contributions Scheme, in respect of works proposed to be carried out, for the provision of:- i. Acquisition and improvement works to adjacent Harbour View carpark. ii. Programme of public realm works (including the provision of public lighting) for the entire length of the road/walkway/promenade which fronts the site from the Diesel distribution depot east of the site. iii. Improvement works and resurfacing the Slob car park in the vicinity of the site. iv. Lighting improvements to Slob car par in the vicinity of the site. v. Contribution to other public lighting improvements in the T-O2 site. In lieu of the payment of all or some of the monies to the Council specified in paragraphs (i) (iv), the Developer may elect to carry out those works directly, to the design and standard required by the Council, subject to prior written agreement with the Council and subject to the completion of the works executed under the terms of increase at a rate which allows both for inflation and for phasing in of the target contribution rates, in the manner specified in that Scheme. It is considered appropriate that the developer should contribute towards these specific exceptional costs, for works which will benefit the proposed development.

10 this condition to the satisfaction of the Council. ( 400,457.00). Provision of car parking ( 52,000.00). The payment of the said contribution shall be subject to the following: : - (a) where the works in question (i) are not commenced within 5 years of the date of payment of the contribution (or final instalment if paid by phased payment), (ii) have commenced but have not been completed within 7 years of the date of payment of the contribution (or final instalment if paid by phased payment), or (iii) where the Council has decided not to proceed with the proposed works or part thereof, the contribution shall, subject to paragraph (b) below, be refunded to the applicant together with any interest which may have accrued over the period while held by the Council. (b) Where under sub-paragraphs (ii) or (iii) of paragraph (a) above, any local authority has incurred expenditure within the required period in respect of a proportion of the works proposed to be carried out, any refund shall be in proportion to those proposed works which have not been carried out. (c) payment of interest at the prevailing interest rate payable by the Council s Treasurer on the Council s General Account on the contribution or any instalments thereof that have been paid, so long and in so far as it is or they are retained unexpended by the Council.