A recreational development that will consist of the construction of c. 3.1km, off-road shared walkway and cycleway (Greenway) located to the North of Derryfadda Bog. In addition to the construction of a new carpark and entrance upgrades from local road L3406, bicycle parking, pedestrian access paths and all associated drainage, signage, fencing & relevant ancillary site works
Where can the exemption be utilised? State bodies and where the zoning objectives for the land as set out within the adopted development plan or local area plan includes residential use (i.e. where the land is zoned for residential purposes or for mixed use including residential).
Guidance for local authorities on the use of Section 179A provisions:
also see
What is a Part 8?
A development carried out by a Local Authority is often referred to as ‘Part 8’ development. This is a reference to Part 8 of the Planning and Development Regulations 2001, as amended, which sets out the procedure for carrying out such developments. Such works would include developments such as the construction of houses, roads, swimming pools, public toilets and more.
Planning permission for the development of an Anaerobic Digestion Facility to produce renewable gas and electricity on a site of circa. 4.24 hectares at the townland of Curragh, Carnaross, Co. Meath. The development comprises storage and processing plant to accommodate agricultural manures, residues, slurries and grass silage and its conversion into a methane rich biogas that is a carbon negative alternative to natural gas, and a nutrient rich fertiliser, digestate. Carbon dioxide from the process will also be captured and converted into food grade CO2.
The proposed supporting infrastructure to be developed includes inter alia, 1 no. combined primary and secondary digestion tank; 1 no. enclosed feedstock storage building; 1 no. enclosed silage clamp, 1 no. enclosed digestate separation building, (housing 1 no. screw press separator, 1 no. centrifugal separator & a digestate pit); 1 no. digestate treatment building; 1 no. digestate storage tank; 2 no. CHP units (2 x 500kW), biogas upgrading unit, gas grid entry unit, carbon dioxide capture equipment, gas flare, all other on site processing plant above and below ground, facility office and administration building, weighbridge, roof mounted solar arrays / photovoltaic panels, all associated car & vehicle parking, internal road layouts, all supporting plant, process and storage facilities will be housed on hard surfaced and bunded areas, all other above and below ground services, landscaping, palisade fencing and boundary treatments and a new access road from the R147 with an underground gas pipeline to the gas grid connection in the R147.
The facility requires an Industrial Emissions License from the EPA and is accompanied by a Natura Impact Statement (NIS) and an Environmental Impact Assessment Report (EIAR)
The question of whether a particular scheme of works constitutes exempted development under the Planning and Development Act depends on the outcome of AA Appropriate Assessment
Cockle Shell Case
The key issue is whether the works will deliberately destroy habitat for protected birds.