Tricia O’SullivanPA0045Page 1 of 22
Strategic Infrastructure Development ApplicationWaste Incinerator and Ancillary Development Works
at Ringaskiddy
An Bord Pleanala Ref: PA0045
Applicant : Indaver
Planning and Sustainable Development Commentary
to Oral Hearing
Tricia O’Sullivan BA(Hons), PGDip, MPlan, MIPI
On behalf of CHASE
26 April 2016
Qualifications: Tricia O’Sullivan, BA(Hons), PGDip, MPlan, MIPI
I am a qualified professional town planning consultant.
I hold a first class honours Master’s Degree in Planning and Sustainable Development (MPlan) from UCC and undergraduate qualifications in History of Architecture & Design and City Development from De Montfort University and the Open University respectively in the UK. I also hold a postgraduate diploma in Strategic Business Management from the Irish Management Institute and a level 9 Certificate in Architecture, Engineering and Construction Internationalisation from WIT.
I have worked in private practice in Ireland since 2009. My own practice, founded in 2011, is TPlan Planning Consultants and I am also a Director of viaFulcrum Ltd, a multidisciplinary practice of built environment professionals, based in Cork and working in the UK and Ireland.
I am a corporate member of the Irish Planning Institute and Chair of its Cork Branch since 2013. I also serve on the IPI Membership and Professional Practice Committee.
Today I am speaking in my capacity as an independent planning consultant to CHASE.
1.Introduction
The Applicant is seeking permission to develop a Waste-to-Energy facility and ancillary development works at Ringaskiddy.
Planning Permission is sought for a 10 year permission period, (it is stated that the construction period is anticipated to be 31 months), for a 30 year period of operation, with an option to extend for a further 30 years, subject to further permissions and licencing.
This is the third application by Indaver on this site for a similar development.
While the Board considers all applications de novo, planning history both of the site and the developer/applicant is a material consideration when determining planning applications.
2.Application Documents:
The issues of the identity and land ownership have been raised and addressed more than adequately by Mr Noonan, Mr Kelleher and others and I refer to those submissions.
I will simply say that I presume the Board is aware of the legal status of the Application Form and all the details therein and will no doubt seek further clarification on the corporate structure of Indaver and any legal advice necessary to ensure the application is valid.
The Board has already recognised the national importance of this proposal due to itscategorisation of the development as Strategic Infrastructure. Such developments are of regional and national importance and it is imperative that complete correct disclosure is part of the application and a fair and open decision making process.
Overall, at the very least, the sloppiness and inaccuracies in the basic application form, the key document for any planning application, could lead to concerns regarding the accuracy of the not insignificant amount of accompanying documentation.
For simplicity, I will refer to the Applicant from now on as Indaver.
3.Site Location and Zoning
The site is in a prominent position in Cork Harbour, within the visible envelopes from Monkstown Creek and Cobh to the North and Whitegate to the east.
The selection of this particular site as the only suitable location for Waste-to-Energy incineration is strongly contested, including by the Cork County Council.
The policies of Cork County Council Development Plans since 2003 regarding this site have been consistent in applying ‘Industrial’ zoning but precluding merchant / commercial incineration facilities. The 2014 Plan zoning as ‘Industrial’ in a StrategicEmployment Area (as identified in the Carrigaline Local Area Plan 2011) also excluded incineration until later amended by Ministerial Directive to ensure Objective ZU3-7 was consistent with national policy regarding waste management.
However, the change in Objective ZU3-7 of the Development Plan relates not only to this site but to all sites zoned for industrial uses in strategic employment areas in the County. This was clarified in Minister Coffey’s letter of 21st April 2016 to Minister Coveney given in evidence at the Oral Hearing in which he stated:
“I trust the above clarifies for you that the direction I issued did not relate to a particular site but instead was aimed at ensuring that the broad thrust of the plan, from a waste policy perspective, aligned with national policy and legislation.”
The result of the directive is that the proposed development, being in an area zoned for consideration for such uses, is acceptable in principle from a local planning policy perspective,subject to normal planning and sustainable development considerations.
4.Planning History:
This is the third application by Indaver for a waste incinerator on this previously undeveloped site, which is identified on the application form as part greenfield, part open space. The site encircles but does not include the Hammond Lane metal recovery facility.
The planning history of this site is long, complex and a matter of public record. The documents submitted by Cork County Council and the comprehensive submission by Mr Noonan on behalf of CHASE detail the planning historyand I refer the Inspector and the Board to those documents. It is notable that each application to Cork County Council has been refused, while a grant of permission contrary to the Inspector’s recommendation in 2004, expired while other legal proceeding which ultimately overturned that decision were ongoing.
In summary, the site has no existing planning permission.
5. Waste Policy
Southern Waste Region Management Plan 2015-21
The SWRWMP provides the framework for waste management to 2021. Its policies and actions are designed to meet specified mandatory and performance targets, and seeks to support and encourage the community and local business to develop resource efficiency and waste prevention initatives.
The three key targets are:
a)1% reduction per annum in the quantity of household waste generated
b)A recycling rate of 50% of managed municipal waste (by 2020)
c)To eliminate the direct disposal of unprocessed municipal waste to landfill in favour of higher value treatments and processes.
The plan also identifies measures to develop a circular economy where waste management initiatives stop being confined to treating and disposing of waste, instead supporting initiatives that value waste as a resource or potential raw material, echoing EU policy that sees waste as an asset which, if not producing energy is a ‘waste of waste’ but with a trend away from incineration.
In the context of regional waste management and strategic infrastructure, the choice of location on the southern side of Cork city, effectively at the end of a cul-de-sac does not in my opinion accord with the overall area it is supposed to service.
The Applicant states this is due to the proximity principle but it appears only 10% of its intake will come from Cork city, the remainder, one supposes, is to come from the remaining area covered by the South West Region Management Plan.
6.Planning Policy
The key documents for consideration of planning applications in Cork County, in hierarchical order downwards are set out below. It should be noted that an initial search through the other Development Plans in counties covered under the SWRPGs, reveal no objectives for incineration of waste.
6.1South West Regional Planning Guidelines (2010)In terms of waste, these have noted progress in the switch from predominantly landfill based waste disposal to integrated waste management programmes. However, while the SWRPGs identify, in Objective RTS-08 : Waste Management, the regional need for the early development of a Mechanical Biological Treatment facility or Materials Recovery Facility at a suitable location within the Cork Gateway, no mention is made of thermal treatment of domestic waste.
A similar objective RTS-09 Energy and Renewable Energy, also supported the early provision of MBT or MRF within the Cork Gateway, identified the importance of the provision of an integrated regional waste management plan which takes into account the National Hazardous Waste Management Plan to 2012 and promoted renewable energy provision from maritime (tidal and wave), pumped storage and bio-energy resources.
6.22014 Cork County Development Plan.
- Objective EE4-1: Strategic Employment Areas:
“Promote the development of Strategic Employment Areas suitable for large scale developments at Carrigtwohill, Kilbarry, Little Island, Ringaskiddy and Whitegate where such development is compatible with relevant environment, nature and landscape protection policies as they apply around Cork Harbour. Protect lands in these areas from inappropriate development which may undermine their suitability as Strategic Employment Areas”.
The many submissions by local residents and employers and, in particularly, public representatives and those based in and around Haulbowline, have consistently highlighted the potential detrimental effects on employment that would result from a grant of permission for this development.
- Objective WS7-1 Waste Management, indicatessupport for both the National Waste Policy outlined in ‘A Resource Opportunity 2012’ and the policies of the National Hazardous Waste Management Plan 2008-12.
The essential focus of the Waste Management Plan for Cork County is described in the Development Plan as being:
“….. on a shift to prevention and minimisation measures whilst developing recycling and waste sorting measures”.
- Chapter 11 of the Development Plan, addresses Waste Management.
The final two sentences of Paragraph 11.7.5 read:
“Whilst there is a diminishing requirement for landfill in the future, it is recognised that the [Bottlehill] facility could be reconfigured to meet other waste management infrastructural needs such as an ‘ecopark’. There is a growing trend in Western Europe for integrated waste management developments, including waste-to-energy, which combine a number of facilities on a single site”.
There is a risk that the significant public investment in Bottlehill could be seriously undermined by the Indaver development which does not provide integrated waste management and consists only of the least favourable waste disposal option apart from landfill.
Cork County Council has recently sought proposals for the development of waste management facilities at Bottlehill.
Indaver has stated that they are currently negotiating to deposit waste ash from the Ringaskiddy incinerator at Bottlehill, although one presumes this is not finalised.
6.32011 Carrigaline Local Area Plan(2nd Edition 2015)
The Local Area Plan includes the application site within a larger block of lands (I-15) zoned for large stand-alone industry, identifying it as
“Suitable for large stand alone industry with suitable provision for appropriate landscaping and access points and provision for open space buffer to the Martello Tower and its associated pedestrian access. This area may be used as a feeding ground by bird species for which Cork Harbour SPA is designated. Any development proposals on this land are likely to require the provision of an ecological impact assessment report to determine the importance of the area for such species and the potential impacts on these.”
ABP’s Inspector Philip Jones, in his January 2004 Inspector’s Report, discussed the category: “Large Stand-Alone Industry” in some detail: [1]
“The proposed development is not a “large stand alone industry” in the sense that the term is used in Specific Objective I-15. While I accept that the use involved is “industrial” in the Use Class sense – in that it constitutes heavy or special industrial use ……. I do not accept that, by any reasonable definition, the proposed development could be classified as either “stand-alone” (since it depends for its whole existence on the waste products of other industries), nor as a “large industry.”
Mr Jones discussed the difference between the definition of ‘large’ in terms of the number of expected long term jobs (which at that stage was 57, slightly lower than that envisaged currently) and ‘large’ in terms of physical size of the proposed development.
In terms of physical size, the current proposal is significantly smaller at 13,369sq.m. than the 23,390 sq.m. proposed in 2011. On both counts, Mr Jones conclusions would still apply in that the proposals do not constitute either ‘large’ or ‘stand alone’ industry.
- Section 3.5.5.1 of the Carrigaline Local Area Plan Review states:
“It is envisaged that Ringaskiddy will continue to act as a Strategic Employment Centre and indeed should see significant industrial employment growth, which will serve the Ballincollig-Carrigaline Municipal District and Cork County as a whole”.
The Applicant’s proposals will generate only 63 long term jobs and , as previously highlighted at this Oral Hearing, has the potential to have a detrimental effect on future employment in the Ringaskiddy area.
7.Cork County Development Plan - other objectives
The Development Plan Core Strategy recognises County Metropolitan Cork Strategic Planning Area, including Cork Harbour, is the main engine of population and employment growth for the region.
- Objective CS4-1 includes:
(d) In the Cork Harbour generally, to protect and enhance the area’s natural and built heritage and establish an appropriate balance between competing land uses to maximise the area’s overall contribution to Metropolitan Cork while protecting the environmental resources of the harbour.
(e)Assist in the redevelopment of Cork City Docklands by providing for the relocation and development of industrial uses and major port facilities, primarily at Ringaskiddy, where deep-water berths are viable and appropriate infrastructure is planned to facilitate freight transport.
7.1Overall, Cork County Council’s development strategy seeks an appropriate balance between competing landuses, for Cork Harbour and Ringaskiddy itself, Economic objectives in Chapter 6 include:
- EE4-5Locations for Port Related Industrial Development:
Ensure that land with the potential to accommodate port related development, particularly at Ringaskiddy, but also at the other ports throught the County, is normally protected from inapporopriate development that would prejudice its long term potential to accommodate this form of development.
- EE6-1:Special Role of Cork Harbour
Implement sustainable measures which support and enhance the economic and employment generating potential of Cork Harbour in a manner that is compatible with other Harbour activities, as well as with the nature conservation values of the Cork Harbour Special Protection Area and the Great Island Channel Special Area of Conservation.”
- EE6-2Cork Harbour
a)Protect lands for port related developments at Ringaskiddy.
b)Support the upgrade of the N28 to accommodate the expansion of Ringaskiddy Port.
c)Protect lands for port related development at Marino Point
d)Protect harbour side land for industrial marine related developments dependant on access to deep water unless able to demonstrate a strong need or significant economic benefit for other such development of harbour side lands, relative to alternative sites inland. All development will be carried out in a manner that is compatible with other Harbour activities, taking account of residential amenity, tourism and recreation as well as with the nature conservation values of the Cork Harbour SPA and the Great Island Channel SAC.
7.3Tourism:
The Applicant considers Tourism as one of many competing uses in Cork Harbour. The Development Plan has a stronger opinion:
“The importance of sustainable development reinforcing the positive image of Ireland as a ‘clean, green’ island continues to be stressed.” [2]
The Development Plan objectives exampled below demonstrate the priorities for tourism potential, which do not differentiate between the county as a whole and the natural harbour of Cork itself:
- Objective TO4-1: Developing the Marine Leisure Sector
a)Develop the marine leisure sector in the County in a coherent and sustainable manner making the best use of existing and planned infrastructure and resources, in a manner that is sensitive to the natural and cultural heritage resources of our coastal zone, and complies with relevant environmental legislation including the Habitats, Birds, Water Framework, Floods, SEA and EIA Directives.
The Development Plan highlights the potential for Spike Island (The Masterplan for Spike Island was adopted by the Council in 2012) and Fort Camden to become internationally recognised tourist attractions, “…..both rich in military history, adding to the creation of a military trail which is proposed as part of an Interpretative Framework for Cork City and Harbour being developed by Failte Ireland”
These objectives are supplemented by Walking, Cycling and Greenways objectives with routes around the harbour.
7.4 Other Development Plan Objectives applicable to this proposal include:
- Objective ED4-3: Bio-energy. Support and encourage the development of the bio-energy sector and facilitate its development for energy production, heat storage and distribution.
- TransportObjective TM5-2: Cork and Other Ports. Aims to protect port activities, support relocation of port activities and other industry away from the upper harbour on the eastern approaches to the city. In this respect, the use of the Applicant’s site for incineration does not accord with the reservation of lands at Ringaskiddy to facilitate relocation of port-related development. (Of course, the added benefit of this move of port-related develoopment to Ringaskiddy frees up land for the sensitive development of the new city quarter at Cork Docklands).
- Flood Risk: WS6-1: Flood Risks This objective sets out the overall approach to avoid development other than ‘water compatible development’ in Zone A sites; Avoid ‘highly vulnerable development in Zone B sites.
The Applicant contends that the site is set in a Zone C Flood Risk area but Mr Bennet gave evidence that this is incorrect due to persistent tidal and pluvial flooding, which was supported by the evidence given by the Applicant’s expert witness Ms Ascoop under questioning at the Oral Hearing on 20 April who admitted that the high water mark had moved and part of the site is now covered at high water twice a day.
- Architectural Heritage: Objective HE4-1: Record of Protected Structures. Seeks to ensure the protection of all structures, or parts of structures, contained in the RPS. The importance of maintaining the view from the Martello tower accessed through the site is reflected in its original function of a way of overseeing the whole harbour, particularly its relationship with Spike Island. The EIS in regard to visual impact does indicate interference with these strategic historic sightlines which help to contextualise the importance of the harbour’s structural heritage.
- Objective GI4-2: Rights of Way Points out that Provisions of Section 14 of the Planning and Development Act 2000 (as amended) give consideration to the need to preserve public rights of way which give access to seashore, mountain, lakeshore, riverbank or other place of natural beauty or recreational utility.
- Objective GI7-2: Scenic Routes seeks to protect the character of those views and prospects obtainable from scenic routes and in particular scenic routes that have very special views and prospects identified in this plan. Cork Harbour is ringed by Scenic Routes, including the N28.
These are just a selection of the broad range of objectives and issues in Cork County Development Plan that are applicable to Cork Harbour as a whole and include some which are particular to Ringaskiddy.