Tesco gets green light for €20 million retail development in Ballina.

Store expected to employ 100.

Sligo News File Online.

Tesco LogoAn Bord Pleanala has granted Tesco Ireland Limited planning permission for a new  €20 million retail store and car parking on a 1.2 hectare town centre site at Market Road/Market Square, Ballina.

In their application, Tesco sought approval for the demolition of all existing structures – including existing stores on site – and the provision of: (i) a retail store of c.6,881 sqm gross floor area, c.2,406sqm convenience and c.1,031sqm comparison net sales
area, including subsidiary alcohol sales area, ancillary offices, staff facilities, bulk store and cage marshalling area; (ii) a café (152sqm); (iii) circulation space to include atrium at ground floor and first floor levels; (iv) elevation and totem signage; (v) service yard at first
floor level; (vi) 280 no. car parking spaces to be provided at grade/undercroft (part under first floor retail); (vii) access off Market Road; (viii) road upgrades to Market Road to include amendments to lane layouts and a right turn lane into the development; (ix) the provision of a Link Road between Market Road and Pearse Street with amended entrance to existing car park to the rear of AIB; (x) pedestrian crossings on Humbert Street, Pearse Street and Market Road/proposed Link Road; (xi) taxi set down along the proposed Link Road; (xii) pedestrian link to Humbert Street from the development; (xiii) public toilet adjacent to the Link Road; (xiv) plant, ESB substation and all ancillary landscaping, site development works and site services.

Mayo County Council issued permission for the development in July 2014, subject to 36 conditions.

The decision was subsequently appealed to An Bord Pleanala by Sean McHale, Allied Irish bank, Lidl Gmbh, and A McEvoy. Tesco also appealed conditions of the county council permission on a number of grounds. A submission as observer was made by Kevin Moran.

Granting permission for the development the Board said that having regard to the “Retail Planning Guidelines for Planning Authorities” issued by the Department of the Environment, Community and Local Government in April, 2012, its location in the established town centre of Ballina, the established use of the site as a shopping centre and the pattern of development in the area, it is considered that, subject to compliance with the affixed conditions, the proposed
development would not adversely affect the vitality and viability of BallinaTown Centre, would not seriously injure the amenities of the area or of property in the vicinity and would constitute a reasonable expansion of the existing retail use of the site. The proposed development would be acceptable in terms of traffic safety and convenience and would, therefore, be in accordance with the proper planning and sustainable development of the area.

The Board said it completed an Environmental Impact Assessment of the proposed scheme which took account of the Environmental Impact Statement submitted with the application and the report, assessment and conclusions of the Inspector in relation to the environmental impacts of the scheme, the conclusions of which were broadly accepted by the Board. They considered that the environmental impacts of the proposal are acceptable and, subject to compliance with the mitigation measures set out in the Environmental Impact Statement, the proposed development would not have significant effects on the environment.

The twenty-four conditions attached by the Board include:

1. The development shall be carried out and completed in accordance with the plans and particulars lodged with the application including the Environmental Statement, except as may otherwise be required in order to comply with the following conditions. Where such conditions require details to be agreed with the planning authority, the developer shall agree such details in writing with the planning authority prior to commencement of development and the development shall be carried out and
completed in accordance with the agreed particulars.
Reason: In the interest of clarity.

2. The total convenience goods net retail sales area as specified in the development description (as defined in Annex 1 of the “Retail Planning Guidelines for Planning Authorities” issued by the Department of the Environment, Community and Local Government in April, 2012) of the store shall be as delineated on a revised floor plan, details of which shall be submitted to, and agreed in writing with, the planning authority prior to the commencement of development. The floor plan shall also delineate the extent of the
area for subsidiary alcohol sales.
Reason: To comply with national policy, as set out in these Guidelines.

3. The proposed development shall be amended as follows:
(a) traffic flow on Market Road shall remain two-way with the junction layout at Market Road/New Street amended accordingly to facilitate same,
(b) provision shall be made for two pedestrian crossings on Market Road (one either side of the junction of Market Road/New Street)
(c) the junction of Pearse Street and New Street shall be a T-junction with priority given to traffic on Pearse Street,
(d) the existing Circular Road, Bohernasup, Humbert Street, Market Road mini-roundabout junction and all approaches shall be redesigned with the exact extent of re-surfacing and vertical and horizontal realignment to be agreed in advance with the planning authority. (All works shall be carried out by the developer); and
(e) a controlled pedestrian crossing shall be provided at the junction of Bohernasup and Humbert Street adjacent to the existing mini- roundabout. Revised drawings showing compliance with these requirements shall be submitted to, and agreed in writing with, the planning authority prior to commencement of development.
Reason: In the interest of traffic safety and orderly development.

4. The boundary wall on the north-east side of New Street adjoining the Allied Irish Bank car park shall be as shown on Drawing Number PL-200. Anti-ram bollards shall be provided along the south-western boundary of Allied Irish Bank, details of which shall be submitted to, and agreed in writing with, the planning authority prior to the commencement of development.
Reason: In the interest of clarity.

5. (1) Water supply and drainage arrangements, including the attenuation and disposal of surface water, shall comply with the requirements of the planning authority for such works and services.
(2) The proposed attenuation tank shall be relocated onto the car park area from the access roadway for maintenance and durability reasons.
Reason: In the interest of public health.

6. Prior to commencement of construction of the development, details of the materials, colours and textures of all the external finishes to the proposed development shall be submitted to, and agreed in writing with, the planning authority.
Reason: In the interest of orderly development and the visual amenities of the area.

7. (a) The requirements of the planning authority in relation to the proposed new entrance, traffic signalisation, road layout, internal circulation in the car park and car parking shall be complied with.
(b) The alterations to the public road shall be subject to road safety audits prior to commencement of development and at operation stage.
Reason: In the interest of traffic safety and orderly development.

8. Site development and building works shall be carried out only between the hours of 0800 and 1800 from Mondays to Fridays inclusive, between 0800 and 1400 hours on Saturdays and not at
all on Sundays, Bank or Public Holidays.
Reason: In order to safeguard the residential amenities of property in the vicinity.

9. (1) An additional stairway from the car park to Market Road shall be provided for direct access to the Market Road shops (2) The embankment at Market Road shall be of a stone wall finish.
Revised drawings showing compliance with the above requirements shall be submitted to, and agreed in writing with, the planning authority prior to commencement of development.
Reason: In the interest of visual amenity.

10. No advertisement or advertisement structure (other than those shown on the drawings submitted with the application) shall be erected or displayed on the building or within the curtilage of the site in such a manner as to be visible from outside the building, unless authorised by a further grant of planning permission. Details of specification, materials and colours of the signage shall be submitted to, and agreed in writing with, the planning authority prior to the commencement of development.
Reason: In the interest of visual amenity.

11. Comprehensive details of the proposed public lighting system to serve the development shall be submitted to, and agreed in writing with, the planning authority prior to the commencement of development. The lighting shall be orientated or cowled appropriately to avoid overspill of light onto adjoining residential
properties fronting Humbert Street.
Reason: In the interest of public safety and visual amenity.

12. All service cables associated with the proposed development (such as electrical, telecommunications and communal television) shall be located underground. Ducting shall be provided by the developer to facilitate the provision of broadband infrastructure within the proposed development.
Reason: In the interest of visual and residential amenity.

13. The management and maintenance of the proposed development, following completion, shall be the responsibility of a legally constituted management company, which shall be established by the developer. A management scheme, providing adequate measures for the future maintenance of the
development; including the external fabric of the buildings, internal common areas, landscaping, roads, paths, parking areas, lighting, waste storage facilities and sanitary services shall be submitted to, and agreed in writing with, the planning authority before any of the commercial units are made available for occupation.
Reason: To provide for the future maintenance of the development in the interest of visual amenity.

14. The construction of the development shall be managed in accordance with a Construction Management Plan, which shall be submitted to, and agreed in writing with, the planning authority prior to commencement of development. This plan shall provide details of intended construction practice for the development, including:
(a) location of the site and materials compound(s) including area(s) identified for the storage of construction refuse;
(b) location of areas for construction site offices and staff facilities;
(c) details of site security fencing and hoardings;
(d) details of on-site car parking facilities for site workers during the course of construction;
(e) details of the timing and routing of construction traffic to and from the construction site and associated directional signage, to include proposals to facilitate the delivery of abnormal loads to the site;
(f) measures to obviate queuing of construction traffic on the adjoining road network;
(g) measures to prevent the spillage or deposit of clay, rubble or other debris on the public road network;
(h) alternative arrangements to be put in place for pedestrians and vehicles in the case of the closure of any public road or footpath during the course of site development works;
(i) details of appropriate mitigation measures for noise, dust and vibration, and monitoring of such levels;
(j) containment of all construction-related fuel and oil within specially constructed bunds to ensure that fuel spillages are fully contained. Such bunds shall be roofed to exclude rainwater;
(k) off-site disposal of construction/demolition waste and details of how it is proposed to manage excavated soil;
(l) Means to ensure that surface water run-off is controlled such that no silt or other pollutants enter local surface water sewers or drains.
A record of daily checks that the works are being undertaken in accordance with the Construction Management Plan shall be kept for inspection by the planning authority.
Reason: In the interest of amenities, public health and safety.

15. A plan containing details for the management of waste (and, in particular, recyclable materials) within the development, including the provision of facilities for the storage, separation and collection of the waste and, in particular, recyclable materials and for the ongoing operation of these facilities shall be submitted to, and agreed in writing with, the planning authority prior to commencement of development. Thereafter, the waste shall be managed in accordance with the agreed plan.
Reason: To provide for the appropriate management of waste and, in particular recyclable materials, in the interest of protecting the environment.

16. Deliveries to the premises and to the service yard shall only be made between 0730 hours and 2200 hours from Monday to Friday and between 0800 hours and 2000 hours on Saturdays, Sundays and Bank or Public Holidays.
Reason: In the interest of residential amenity.

17. Details of all proposed road markings shall be submitted to, and agreed in writing with, the planning authority prior to commencement of development.
Reason: In the interest of traffic safety.

18. A detailed plan and elevations for the entire pedestrian access from Humbert Street, including details of finishes to path, lighting (which shall be Ballina approved Heritage lamp posts), boundary treatments, landscaping and walls shall be submitted to, and agreed in writing with, the planning authority prior to commencement of development.
Reason: In the interest of residential amenity.

19. Full details, plan, elevations, finishes and location of the proposed screen wall to the rear boundaries of the houses numbers 1 to 4 on Humbert Street shall be submitted to, and agreed in writing with, the planning authority prior to commencement of development. The wall shall be constructed by the developer
at their own expense.
Reason: In the interest of residential amenity.

20. Full details, plan, elevations and finishes of the proposed screen wall to the rear boundaries of the houses numbers 5 to 16 on Humbert Street shall be submitted to, and agreed in writing with, the planning authority prior to commencement of development. The wall shall be constructed by the developer at their own expense.
Reason: In the interest of residential amenity.

21. The developer shall facilitate the preservation, recording and protection of archaeological materials or features which may exist within the site. In this regard, the developer shall –
(a) notify the planning authority in writing at least four weeks prior to the commencement of any site operation (including hydrological and geotechnical investigations) relating to the proposed development,
(b) employ a suitably-qualified archaeologist who shall monitor all site investigations and other excavation works, and
(c) provide arrangements, acceptable to the planning authority, for the recording and for the removal of any archaeological material which the authority considers appropriate to remove.
In default of agreement on any of these requirements, the matter shall be referred to An Bord Pleanála for determination.
Reason: In order to conserve the archaeological heritage of the site and to secure the preservation and protection of any remains that may exist within the site.

22. Prior to commencement of development, the developer shall lodge with the planning authority a cash deposit, a bond of an insurance company, or other security to secure the provision and satisfactory completion of roads, footpaths, watermains, drains, public open space and other services required in connection with the development, coupled with an agreement empowering the planning authority to apply such security or part thereof to the satisfactory completion of any part of the development. The form and amount of the security shall be as agreed between the planning authority and the developer or, in default of agreement, shall be
referred to An Bord Pleanála for determination.
Reason: To ensure the satisfactory completion of the development.

23. The developer shall pay to the planning authority a financial contribution of €65,572.46 (sixty five thousand five hundred and seventy two euro and forty-six cents) in respect of public infrastructure and facilities benefiting development in the area of the planning authority that is provided or intended to be provided
by or on behalf of the authority in accordance with the terms of the Development Contribution Scheme made under section 48 of the Planning and Development Act 2000, as amended. The contribution
shall be paid prior to the commencement of development or in such phased payments as the planning authority may facilitate and shall be subject to any applicable indexation provisions of the Scheme at the time of payment. The application of any indexation required by this condition shall be agreed between the planning authority and
the developer or, in default of such agreement, the matter shall be referred to the Board to determine.
Reason: It is a requirement of the Planning and Development Act 2000 that a condition requiring a contribution in accordance with the Development Contribution Scheme made under section 48 of the Act be applied to the permission.

24. The developer shall pay the sum of € 25,000 (twenty five thousand euro) (updated at the time of payment in accordance with changes in the Wholesale Price Index – Building and Construction (Capital Goods), published by the Central Statistics Office), to the planning authority as a special contribution under section 48 (2)(c) of the Planning and Development Act 2000, as amended, in respect of the provision of an artistic feature. This contribution shall be paid prior to commencement of development or in such phased payments as the planning authority may facilitate. The application of indexation required by this condition shall be agreed between the planning authority and the developer or, in default of such agreement, the matter shall be referred to An Bord Pleanála to determine.
Reason: It is considered reasonable that the developer should contribute towards the specific exceptional costs which are incurred by the planning authority which are not covered in the Development Contribution Scheme and which will benefit the proposed development.

The development is expected to employ 100.