Submissions made at N26 oral hearing

Recommendation due by board during summer

Claire Egan

A RECOMMENDATION on the report of the An Bord Pleanála inspector who presided over last week’s three-day oral hearing into the proposed second phase of the N26 road between Ballina and Bohola is not expected to be made by the board until late summer.
Mr Brendan Devlin, an Inspector with ABP, listened to submissions from individuals, consultants and solicitors in relation to the Environmental Impact Statement (EIS) for the project, while he also heard objections from a number of parties to proposed Compulsory Purchase Orders by Mayo County Council along the route.
On the third and final day, Mr Peter Sweetman, an Environmental Consultant representing 40 of the objectors and An Taisce, said the proposal contravenes the Mayo County Development Plan and that the EIS and information provided at the hearing were insufficient.
In his final submission, Mr Patrick Butler SC, representing Mayo County Council, said it had been shown the land was required by Mayo County Council and asked Mr Devlin and the board to grant the order.
Mr Devlin said the purpose of the hearing was to gather information and he hoped that whatever else had been achieved, at least there was some clarification for the people who attended.
He said he did not expect the board to be in a position to make a recommendation on his report until later in the summer.
The hearing took place at Breaffy House Hotel.
The project is being developed by Mayo County Council in consultation with the National Roads Authority.

84 objections to compulsory acquisition of land for new road

Day 1
Opening the hearing on Tuesday last in Breaffy House, Mr Brendan Devlin, Inspector with An Bord Pleanála, said Mayo County Council had made an application to extinguish a number of rights of way along the proposed route of the N26 Ballina to Bohola road. He said there were 84 objections to the Compulsory Purchase Orders and 59 submissions on the Environmental Impact Statement.
McCarthy Hyder Tobin (MHT) were appointed by the Council to prepare the Constraints Study Report, the Route Selection Report, Preliminary Design Report, Environmental Impact Statement and the Compulsory Purchase Order documentation for the proposed scheme.
The proposed development is stage two of the upgrading of the N26/N58/R321 roads between Ballina and the National Primary N5 route at Bohola. It is an 18.9-kilometre section of road that stretches from Tonybaun to Bohola, by-passing the town of Foxford. It is envisaged that it will take two years to build the road.
The works will include 800m of standard single carriageway, matching that used in stage one; a dual carriageway comprising of two traffic lanes in each direction with opposing traffic streams divided by a central barrier located in a central reserve; four junctions along the length of the proposed road; the closure of four public roads and four private accommodation roads; one railway bridge; two river crossings of the River Moy and one roundabout.
The northern end of the scheme will commence as a single carriageway near Ballina for 800m, at which point the dual carriageway will begin. This will continue for the remainder of the scheme until its termination at the N5 near Bohola where a roundabout will be provided.
Mr Devlin read a submission received on the morning of the hearing from Mr Tony O’Flynn of the Development Applications Unit at the Department of the Environment, relating to nature conservation. He noted that certain parts of the Environmental Impact Statement (EIS) were deficient and required clarification, and he asked for certain relevant survey reports to be provided. He said likely impacts on certain species had not been properly investigated.
At this point, Mr Peter Sweetman, Environmental Consultant, representing 40 of the objectors and An Taisce, said in view of the submission on the EIS it was pointless continuing with the hearing as ‘the information to continue was not before the board’. Mr Devlin said he was proposing to continue with the hearing.
Mr John Colleran, Chartered Engineer with Tobin Consulting Engineers and Project Director for the project, said the existing road is approximately seven metres wide. From the N26 south of Tonybaun, along the N58 and the R321, there are 109 existing upgrade priority junctions in total. There are over 200 residential and business properties, plus four schools and three churches, that take direct access from these roads. He noted the proposed road would significantly improve road safety for all road users by providing improved horizontal and vertical alignments, improved overtaking opportunities and a reduction in vehicular conflict by the removal of heavy traffic flows from the existing road that passes in front of private accesses and through road junctions.
He said the N26 has been designed for the years 2011 to 2031. There are four junctions along the proposed route, including a priority junction at Tonybaun, compact grade separated junctions at Clossaghroe and Leckee and a roundabout at Bohola.
The project will require a total of approximately 190 hectares of land. In order to construct the road, one residential property will need to be acquired and demolished.
Mr Iain Douglas, Senior Planner with Mayo County Council, outlined that having regard to the National Spatial Strategy, the National Development Plan 2007 to 2013, other statements of national and regional policy and Mayo County Development Plan 2003 to 2009, the proposed development is consistent with the proper planning and sustainable development of the area.

Day Two
Day two of the N26 Ballina to Bohola Oral Hearing commenced in Breaffy House Hotel, as hotel guests relaxed in the lobby, sipping coffee, oblivious to proceedings taking place in the rear of the building, as a troop of experts strode purposefully past.
Mr Neil Evans, Technical Director and Manager of Hyder Consulting’s Water Environment Group in the Cardiff office, told the hearing he had over 20 years’ hydrology experience and had been an expert witness at seven oral hearings. Mr Evans presented evidence on the hydrological and hydraulic assessments undertaken for the proposed N26 Ballina to Bohola Road.
The 15-page report focussed on the hydrological and hydraulic methodologies employed, the results of modelling, the impacts of construction and the proposed measures to mitigate these impacts.
Hydrological (flood quantity) estimates were undertaken for all the water courses crossed by the Preliminary Design. A 7.4km length of the River Moy was modelled, from Ballylahan Bridge to Foxford Bridge, while Loughs Cullin and Conn were also represented in the model. The impact of the proposed road crossings of the other large water courses, such as the Cloonlee River, were also assessed. Furthermore, the hearing heard that sensitivity runs were also undertaken to investigate the potential impact of climate change on the River Moy flood water levels. According to Mr Evans, given the pre-dominantly rural, low-intensity nature of the land use and only a ‘small number of residential properties at potential risk of flooding in the 1-100-year event, the River Moy would be considered to be of low to medium sensitivity with regard to flood risk’ while ‘in terms of hydrology and land drainage’ the Cloonlee River was considered to be of low sensitivity.
This assessment was questioned by solicitor, Samantha Geraghty of P O’Connor and Sons, acting on behalf of James Wills, a concerned party. It was felt that the construction phase of the N26, crossing the flood plains of both the River Moy and Clonlee, would have a detrimental effect on residences, including her client’s, who had been flooded on occasion.
Mr Evans responded that while he could not ‘guarantee against flooding, a natural phenomenon’ the evidence presented had shown that there was ‘minimal flood threat’.
Dr Maeve Flynn, a Senior Projects Manager with Natura Environmental Consultants Ltd, said that a total of 20 ecological sites were identified along the proposed route alignment, including two sites which were selected on the basis of the presence of whooper swans. Three separate bat surveys were conducted within the study area between 2002 and 2003, while a comprehensive survey of flora, fauna and habitats was also carried out.
It was found that the most significant impacts of the proposed route ‘are those affecting designated conservation areas, ie the River Moy cSAC [candidate Special Area of Conservation] and the Moy Valley pNHA [proposed Natural Heritage Area]’. However, Dr Flynn continued by saying, ‘the integrity of the cSAC will not be affected since the proposed road scheme does not impact significantly on the habitats or species that are listed as qualifying interests for the designation’.
Furthermore, ‘the scale of impacts on fisheries in the River Moy will be dependent on the precise method of construction, the care taken during the construction phase and the measures employed to reduce the risk of pollution during the operational phase. The ecological value of the various minor watercourses crossed by the route will be maintained through sensitive culvert design, appropriate construction methodologies, landscape design and pollution control measures.’
Requests by Mr Harvey Jones, on behalf of landowner Mr James Cosgrove, to have lands along the N26 route acquired by the Council under a CPO order, returned were also made at the hearing. Mr Patrick Butler, reiterated the position of the Council in relation to the matter and said that ‘it was not the intention of the Council to return the land’.

Day Three
ON the third and final day of the hearing, four witnesses gave evidence on the impact they believe the carriageway will have on cultural heritage, human beings, socio-economics, landscape, noise, vibration, air quality and the climate of the region. The potential impact on wintering whooper swans in north Mayo was also discussed, based on a report carried out between 2003 and 2007.
Regional and urban planner, Mr Gus McCarthy, told the hearing that the N26 would present a significant challenge to businesses such as filling stations, restaurants and B&Bs, who are reliant to a certain extent on passing trade, which would be bypassed with the new road. Access to Foxford’s Woollen Mills would be impacted upon in a slightly negative way, he said, while the most negative impact the proposed road would have would be on tourism, specifically angling on the River Moy.
To counteract this, Mr McCarthy proposed a number of measures, including ensuring silt is not released into the river during and after construction, avoiding construction near tributaries during the salmonoid spawning season and avoiding construction close to the River Moy, where practicable, during the April to September angling season.
Overall, Mr McCarthy anticipated a positive impact on population and employment in the region. On tourism, he said he does not expect any significant negative impact and increased connectivity with Ireland West Airport Knock should have a significant positive impact.
In the long-run, he believed the road would have a significant positive impact, as it would increase the population in the towns of Straide and Foxford.
Mr John Tierney, a partner for Eachtra Archaeological Projects, told the hearing that all efforts to mitigate the impacts on archaeological and architectural heritage features will be planned and managed through the offices of the Mayo National Roads Design Office. This is to be overseen by the NRA project archaeologist, under ministerial direction, in consultation with the national authorities.
The 13th century Ballylahan Castle is the only National Monument adjacent to the proposed road and it is within 115 metres of the preferred route, he said, while a number of sites, monuments and other relict features – varying in type, age, state of preservation and significance – are located near or within the footprint of the scheme. Any previously unrecorded archaeological sites would be preserved in line with best practice guidelines.
Mr Colin Doyle, environmental consultant with ANV Technology, gave evidence in relation to noise, vibration, air quality and climate aspect of the proposed road scheme. Overall, he found there would be a reduction in the average noise exposure of houses within the study area. If the road is not built, 149 properties are predicted to be experiencing high levels of noise by 2031, compared to 104 properties if the new road is built.
There is no potential for traffic-induced vibration impact on houses close to the road, he said, while there will be a negligible impact on air quality due to emissions from heavy commercial vehicles and plant associated with construction activities. The finished new road is predicted to have an overall positive impact, with almost 70 per cent of properties experiencing improved air quality.
Mr Raymond Holbeach, chartered landscape architect, proposed a number of measures to reduce the impact of any visually-intrusive or insensitive elements of the scheme. He predicted that in ten years, when planting matures, the proposed road would become an acceptable component of the landscape.
He outlined how planting will be comprised mainly of indigenous and locally-occurring species. Maintenance of the landscape works will be an integral part of the ongoing site management, he said.
The An Bord Pleanála inspector presiding over the oral hearing, Brendan Devlin, expressed concerns about the project’s impact on wintering whooper swans in north Mayo. Mr Devlin said the board may request additional measures be taken to minimise disturbance to the birds, which are listed in Annex I of the EU Bird Directive.
Two Moy Valley sites along the proposed route are important for whooper swans, one of three species of swan occurring in Ireland, which migrate from their breeding grounds in Iceland to Ireland to feed for the winter.
An alternative route option, which would avoid the swans’ feeding ground entirely, severs well-established community settlements and so would not be feasible, the hearing heard.
Surveys carried out between 2003 and 2007 at the Moy Valley sites between, located at Tonybaun/Rathbaun and Clongee/Leckee, showed the flock uses a combination of both sites on a regular basis, depending on feeding conditions, weather and disturbance. Both of the sites will be directly affected by the road scheme, according to ecologist Dr Maeve Flynn, who prepared the report on the possible impact the new road will have on the ecology of the region.
Dr Flynn explained that the disturbance to the feeding swans during construction would be especially significant from October to March. “Overall, the disturbance to birds and the loss of breeding and foraging habitat is considered to be a major negative impact, although mitigation measures will be introduced to reduce this impact for swans,” said Dr Flynn.
Visual barriers will be provided between the road construction and the sites utilised by whooper swans along the Moy floodplain.
The hearing heard the swans are not affected by traffic so the operation of the completed road would not adversely affect the birds, but the presence of construction workers and noise during the building project is a worry.
The visual barriers, consisting of two-metre high timber fencing, are expected to prevent the swans being ‘spooked’ by the presence of road workers. Mr Devlin suggested the screens could remain in place after construction is complete as a cautionary measure because this situation where a road passes through the feeding ground of whooper swans has not occurred anywhere else in the country. He described it as something of a ‘suck it and see situation’.