CORK COUNTY COUNCIL. Mallow Contracts Ltd. C/O Cuthbert Environmental 14, Allendale Avenue Melbourn Bishopstown Cork. Newcastle, Blarney, SIGNED:

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1 CORK COUNTY COUNCIL ORDER NO: 15/5918 O.S. NO. 62/2 SUBJECT: Application Reg. Ref. No. 15/04941 for: at: Importation of soil and stone, bricks, tiles, ceramics, tarmac and concrete for the raising of agricultural field in order to improve the agricultural output of the field and construction of a new haul road Newcastle Blarney 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: Mallow Contracts Ltd C/O Cuthbert Environmental 14, Allendale Avenue Melbourn Bishopstown Cork for: Importation of soil and stone, bricks, tiles, ceramics, tarmac and concrete for the raising of agricultural field in order to improve the agricultural output of the field and construction of a new haul road at: Newcastle, Blarney, in accordance with plans and particulars lodged by the applicant on 06/05/2015 and subject to the conditions (42 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: Declan Daly Divisional Manager Dated this 27/11/2015

2 FIRST SCHEDULE Planning Ref. No. 15/04941 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

3 SECOND SCHEDULE No. Condition Reason 1 The proposed development shall In the interests of clarity. be carried out in accordance with plans and particulars lodged with the Planning Authority on and as revised by plans and particulars lodged with the Planning Autority on the , and save where amended by the terms and conditions herein. 2 This grant of permission shall expire 5 years from the date of commencement of waste activities on this site. Within one month of the date of commencement, the applicant shall submit to the planning authority a written statement of date of commencement. In order to limit the impact of the development on the amenities of the 3 Importation to the site shall be restricted to between the hours of 08:00 hours and 18:00 hours Monday to Friday and from 08:00 to 14:00 on Saturdays. No importation of material shall be undertaken on Sunday or bank holidays. 4 A register of all deliveries shall be maintained by the operator and shall be made available for inspection by the Planning Authority by request. 5 The site shall be seeded with grass and this shall take place in the first planting season following completion of the landfilling or within six months of the date of completion of the landfilling, whichever is sooner. 6 Sight distances of 90 metres, in both directions, at a point 4.5 metres back from the edge of the public road shall be provided in the centre of the vehicular entrance to the satisfaction of the Planning Authority prior to the commencement of any other development on site. 7 Vegetation or any structure shall not exceed 1m in height within the sight distance triangle. 8 Any utility poles currently within the roadside boundary set back required by other conditions of this schedule shall be repositioned In the interests of orderly development. In the interests of orderly development. In the interests of visual amenity. In the interests of road safety. To provide proper sight distance for emerging traffic in the interests of road safety. To protect existing utility infrastructure.

4 behind the new boundary, and any surface chambers or manholes within it shall be repositioned in a location or at a level to be agreed with in writing Planning Authority. The applicant shall be responsible for the costs of relocating these facilities, for notifying the relevant statutory undertakers, for obtaining any necessary licenses, and for notifying the Planning Authority of the revised locations of such utilities, prior to commencement of development. 9 The number of vehicular movements to and from the site shall be restricted to 20 vehicular movements per day, unless otherwise agreed in writing with the Planning Authority. 10 Vehicles travelling from Blarney to the site shall be made travel onto the N20 as far as the Waterloo junction and shall not be permitted to use the Waterloo road LP Empty vehicles returning towards Blarney or Cork City from the site shall use the Waterloo Road LP The public road outside the entrance to the site shall be resurfaced for a distance of 20m on either side of the entrance in accordance with the NRA Design Manual for Roads and Bridge before development commences. The Area Engineer shall be consulted on this before development commences. 12 A wheel washing facility shall be provided and used at the entrance of the site to clean vehicles leaving the site. Details of proposed construction, operation etc. shall be submitted to the road Area Office Blarney before development commences. 13 The public roads in the vicinity of the site shall be kept clear of all debris and mud from this development at all times. 14 Advance warning signage shall be erected in accordance with the requirements of the Department of the Environment and Local Government Traffic Signs Manual Chapter Existing roadside drainage arrangements shall be preserved In the interest of road safety and to prevent traffic congestion. In the interests of orderly development. In the interest of orderly development and road safety. In the interest of road safety In the interest of road safety In the interest of road safety To preserve proper roadside drainage and to prevent the

5 to the satisfaction of the Planning Authority. 16 Entrance/service road to be finished with Concrete or Macadam 10m back from road edge. 17 The applicant shall plant 100m of Willow in the riparian zone as indicated in the further information response, the first planting season after the earthen bund is in situ. 18 The applicant shall take adequate steps to ensure that no material of any sort can fall or be blown from vehicles delivering waste to or taking waste from the site. 19 No washing of vehicles (other than wheels) or plant shall be undertaken on site. 20 Burning shall not be allowed on site either during the infilling period or in the period after restoration and reseeding of the topsoil. 21 The applicant / developer / operator of the site shall ensure that no fuel oils are stored on site. Refuelling of vehicles shall take place in a designated area, well away from aquatic zones and that fuel oils shall not under any circumstances, discharge into an aquatic zone. 22 The applicant / developer / operator of the site shall maintain a 5 metre wide buffer zone at existing ground level adjacent to all boundaries/hedgerows and mature trees on the site unless otherwise as agreed in writing with the Local Authority. No material shall be deposited within this The fill material shall slope gently to existing levels at all edges around the site. Note that the side slope shall be such that the natural angle of repose of the material used is taken into account to prevent collapse of the sidewalls, with a maximum gradient of 1 vertically and 6 horizontally. 23 A 5m wide buffer zone shall be maintained at the existing ground levels adjacent to all watercourse/drains on the site. No material is to be deposited within this The fill material shall slope gently to existing levels at flooding of the public road. in the interest of orderly development Protection local biodiversity area and prevent air pollution.

6 all edges around the site. Note that the side slope shall be such that the natural angle of repose of the material used is taken into account to prevent collapse of the sidewalls, with a maximum gradient of 1 vertically and 6 horizontally. 24 The applicant / developer / operator of the site shall erect fences to ensure that all buffer zones are maintained unless otherwise agreed in writing with the Local Authority. The fences shall be erected prior to the commencement of any works on the site. 25 The proposed 1 metre by 1 metre high earthen bund to contain soiled water run-off shall not be placed within the 5 metre buffer zone. 26 The applicant / developer / operator of the site shall ensure that hedgerows and mature trees shall be retained. 27 The applicant / developer / operator of the site shall remain responsible for the maintenance and upkeep of open ditches and drains on site, in order that no flooding occurs on any adjacent lands or the public road. The applicant / developer / operator of the site shall ensure that any required works shall have a minimal effect on any buffer zone. 28 The applicant / developer / operator of the site shall ensure that soiled water containment measures are put in place during the course of the activity to ensure that soiled water runoff from the site shall not enter into any watercourse. 29 The applicant / developer / operator of the site shall ensure that there is no interference with, bridging, draining, or culverting of any watercourse, its banks or bankside vegetation. The applicant / developer / operator of the site shall contact Inland Fisheries Ireland, to obtain approval for any proposed works on any watercourses, adjoining or within the site, prior to the commencement of any works or waste activities on the site. To prevent water pollution. 30 The applicant / developer /

7 operator of the site shall ensure that adequate steps are taken to prevent unauthorised entry of wastes to the site. The applicant / developer / operator of the site shall make provisions to control access to the site, and to prevent the fly tipping of waste. Such provisions shall be agreed with the Local Authority prior to the commencement of waste activities on the site. 31 As soon as is practicable following stripping the topsoil it shall be planted as instructed in the agricultural report submitted with this application, to prevent erosion and suspended solids runoff. 32 As soon as is practicable following completion of the waste activities, the applicant / developer / operator of the site shall seed the site with grass and return it to beneficial agricultural use. 33 The applicant / developer / operator of the site shall take adequate steps to prevent dust generation in dry weather periods. The applicant / developer / operator of the site shall spray the current working area with clean water to minimise dust generation. The access road to the site shall also be sprayed during dry weather. 34 All operations on site shall be carried out in such a manner as to ensure that no odour, smoke or dust nuisance occurs beyond the site boundary because of such operations. 35 Noise levels emanating from the proposed development when measured at the boundary of the nearest noise sensitive locations which require protection from disturbance, shall not exceed 55 dba (30 minute Leq) between hours and hours Mondays to Saturdays inclusive and shall not exceed 45 dba (15 minute Leq) at any other time. Measurements shall be made in accordance with I.S.O. Recommendations R.1996/1 "Acoustics Description and Measurement of Environmental Noise, Part 1: Basic Quantities and Procedures." If the noise contains a discrete, area and control noise emissions from the development.

8 continuous note (whine, hiss, screech, hum, etc.), or if there are distinct impulses in the noise (bangs, clicks, clatters, or thumps), or if the noise is irregular enough in character to attract attention, a penalty of +5 dba should be applied to the measured noise level and this increased level shall be used in assessing compliance with the specified levels. (Ref. BS 4142 Section 7.2). 36 The applicant / developer / operator of the site shall undertake a noise monitoring survey if so directed by the Local Authority. The survey and the monitoring sites used, shall be agreed with the Local Authority in advance. The results of the survey shall be submitted to the Local Authority within one month of completion of the survey. 37 The applicant / developer / operator of the site shall notify the Local Authority of accidental spillages of polluting matter. 38 The applicant / developer / operator of the site shall take adequate precautions to prevent undue noise, fumes, dust, grit, untidiness and other nuisances during the course of the works that would result in an impairment of a significant interference with amenities or the environment beyond the site boundary. If unacceptable increased levels of noise, fumes, dust and grit occur, the permit holder shall abide by the Local Authority s abatement requirements, which may include immediate cessation of operations. 39 If so requested by the Local Authority, the applicant / developer / operator of the site shall, at their own expense, make a suitable excavator available for the purposes of excavating trial holes in the waste material deposited on the site, and shall arrange for the excavator to carry out whatever works are required by the Local Authority on the site. 40 If so requested by the Local Authority, the applicant / developer / operator of the site shall, at their own expense, carry out such further investigations area and provide for noise monitoring. area and provide for future site investigation. area and provide for future site investigation, site monitoring and any necessary remedial actions.

9 and monitoring of the facility as required by the Local Authority. The scope, detail and programme, including report structure and reporting schedule, for any such investigations and monitoring shall be in accordance with any written instructions issued by the Local Authority. In the event of pollution of waters in the vicinity of the site, or of a leachate discharge onto adjoining lands, input of waste onto the site shall cease, and remedial measures shall be carried out immediately as directed by the Local Authority. 41 The applicant / developer / operator of the site shall take adequate steps to control and eliminate the growth and spread of non-native invasive species such as Japanese Knotweed plants. The permit holder shall use best available techniques to rid the site of non-native invasive species such as Japanese Knotweed plants should they occur. The permit holder shall refer to for good practice guidelines regarding this matter. 42 Within one month of the date of the grant of permission 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 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 strengthening and upgrading the existing road OR repair damage to the public road as a result of heavy vehicles travelling to and from the site. The payment of the said contribution shall be subject to the following: (a) where the Council has decided not to proceed with the works in question, the return of the contribution; (b) where the works It is considered appropriate that the developer should contribute towards these specific exceptional costs, for works which will benefit the proposed development.

10 in question are not commenced within 5 years of the date of payment of the contribution or final instalment thereof, or have not been completed within 7 years of that date, the return of such proportion of the contribution, as shall correspond to the proportion of the works not carried out within those periods; (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