Date: Pl. Ref.:

29/08/2018 18/479

REGISTERED POST

Minch Malt Limited T/A Boortmalt, C/o IMG Planning Limited 75 Fitzwilliam Lane, Dublin 2. D02AK77.

Comhairle Contae Chill Dara

Kildare County Council

Notification of a decision under Section 34 of the Planning & Development Act 2000 (as amended) Planning Register Number: 18/479 Application Received Date: 27/04/2018 Further Information Received Date: 01/08/2018

In pursuance of the powers conferred upon them by the above-mentioned Acts, Kildare County Council have by Order dated 29/08/2018 decided to GRANT PERMISSION to the above named for the development of land in accordance with the documents submitted namely:- a 1 o year planning permission for development which will consist of: (1) The demolition of a portion of an existing barley intake building and storage building; (2) The construction of a new malting plant comprising: an energies building (400.5 sqm and 16.6 metres high); a kiln vessel (594 sqm and 10.8 metres high); a steeps building (496.6 sqm and 20.4 metres high); 2 No. germination vessels (830 sqm and 10.2 metres high); a 300 cubic metre process water tank (5.7 metres high); and ancillary overhead conveyors at 11.5 metres above ground level: (3) The construction of a wastewater balance tank (167.3 sqm and 5.7 metres high): (4) The construction of 3 No. combined heat and power units (228 sqm and 7.4 metres high): (5) The construction of a barley intake building (145.7 sqm and 18 metres high); (6) The construction of a heat recovery unit for the Boby Kiln to be located on top of the existing Boby Tower (162 sqm) to a height of 21.6 metres above ground level; (7) The construction of a filter enclosure (60.7 sqm and 14 metres high); (8) The construction of a malt screen housing (65 sqm and 18.0 metres high); (9) The construction of a malt outloading structure with overhead storage bins (174.3 sqm and 23 metres high) with associated overhead conveyors; (10) 2 No. buffer bins (50 sqm and 20.7 metres high); (11) The renovation of Plewman's House and the construction of a 76sqm board room extension and a 31 O sqm administration building extension; (12) The construction of a 29 No. space car park with disabled and electric charging spaces adjacent to Plewman's House; (13) The construction of an access road, footpath and vehicle entrance from the Woodstock Industrial Estate road; (14) An upgraded surface water management system to include a new surface water attenuation pond; 1 No. surface water screen; 1 No. hydrodynamic grit separator; and 1 No. hydrocarbon interceptor; and (15) All other site development works including the provision of ancillary access roads, hardstands, conveyors and underground services required to facilitate the development. An Environmental Impact Assessment Report (EIAR) and Natura Impact Statement (NIS) will be submitted to the Planning Authority with the application and the EIAR and NIS will be available for inspection or purchase at a fee not exceeding the reasonable cost of making a copy during office hours at the offices of the Planning Authority, for development at The Maltings, Athy, Co. Kildare subject to 27 conditions set out in the schedule attached.

The reason for the imposition of the said conditions are also included. The Planning Authority have had regard to any submissions or representations made on this file. If there is no appeal against the said decision a grant of permission in accordance with the decision will be issued after the expiration of the period within which an appeal may be made to An Bord Pleanala (see footnote). It should be noted that until a grant of permission has been issued the developmentV\· AUestion is NOT AUTHORISED and work should not commence.

Date: 29/08/2018 -1~~- --=~~-.....:.,.----8 nior Executive Officer, Planning Kil are County Council

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r f: /K1ldareCountyCouncII Comha1rle Contae Chrll Dara, Aras Chill Dara, Paire Ui Dhubhui, An Nas. Co. Chill Dara, W91 X77F. '§1 @K1ldareC0Co KIidare County Council , Aras Chill Dara, Devoy Park, Naas, Co. Kildare W91 X77F. ~ subscribe to rss feeds v1~ our r1ebs1te T 045 980200 • F 045 980240 • E customercare@kildarecoco.ie • www krldarecountycouncrl.re

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Comhairle Contae Chill Dara

Kildare County Council

PLEASE ARRANGE TO REMOVE SITE NOTICE Any appeal against the decision of a Planning Authority under Section 37 of the Planning & Development Act 2000 as amended) may be made to An Bord Pleanala, 64 Marlborough Street, Dublin 1. First and third party objections must be received by the Bord within 4 weeks beginning on the day of making the decision by the Planning Authority. The appeal must be fully complete from the start - you are not permitted to submit any part of it later, even within the time limit. Any appeal made within the statutory appeal period to An Bord Pleanala will be invalid unless accompanied by 1 Confirmation of submission to Planning Authority 2 The correct statutory fee, (Fees payable to the Bord on or after 5th September, 2011)

i. Appeal by 1 st party relating to commercial development where the application included the retention of development - €4,500 or €9,000 if an EIAR or NIS involved.

ii. Appeal by 1st party relating to commercial development (no retention element in application) -€1,500 or €3,000 if an EIAR or NIS involved.

iii. Appeal by 1 st party non-commercial development where the application included the retention of development - €660

iv. Appeal by 1st Party solely against contribution condition(s) - (2000 Act and amendments Section 48 or 49) - €220

v. Appeal following grant of leave to appeal vi. An Appeal other than referred to in (i) to (v) above - €220

This guide does not purport to be a legal interpretation of the fees payable to the Bord. Please contact the Bord for further information.

i f IKi!dareCountyCouncil Comha1r!e Contae Chill Dara, Aras Chill Dara, Paire Ui Dhubhui, An Neis, Co. Chill Dara, W91 X77F. r§i @K1ldareC0Co Kildare County Counc:1l, Aras Chill Dara, Devoy Park, Naas, Co. Kildare W91 X77F.

1~ subscribe to rss feeds via our website T 045 980200 • F 045 980240 • E customercare@kildarecoco ie • www.kildarecountycouncil.ie

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Planning Permission is sought for a 10 year planning permission for development which will consist of: (1) The demolition of a portion of an existing barley intake building and storage building; (2) The construction of a new malting plant comprising: an energies building (400.5 sqm and 16.6 metres high); a kiln vessel (594 sqm and 10.8 metres high); a steeps building (496.6 sqm and 20.4 metres high); 2 No. germination vessels (830 sqm and 10.2 metres high); a 300 cubic metre process water tank (5.7 metres high); and ancillary overhead conveyors at 11.5 metres above ground level: (3) The construction of a wastewater balance tank (167.3 sqm and 5.7 metres high): (4) The construction of 3 No. combined heat and power units (228 sqm and 7.4 metres high): (5) The construction of a barley intake building (145. 7 sqm and 18 metres high); (6) The construction of a heat recovery unit for the Boby Kiln to be located on top of the existing Boby Tower (162 sqm) to a height of 21.6 metres above ground level; (7) The construction of a filter enclosure (60.7 sqm and 14 metres high); (8) The construction of a malt screen housing (65 sqm and 18.0 metres high); (9) The construction of a malt outloading structure with overhead storage bins (174.3 sqm and 23 metres high) with associated overhead conveyors; (10) 2 No. buffer bins (50 sqm and 20. 7 metres high); (11) The renovation of Plewman's House and the construction of a 76sqm board room extension and a 310 sqm administration building extension; (12) The construction of a 29 No. space car park with disabled and electric charging spaces adjacent to Plewman's House; (13) The construction of an access road, footpath and vehicle entrance from the Woodstock Industrial Estate road; (14) An upgraded surface water management system to include a new surface water attenuation pond; 1 No. surface water screen; 1 No. hydrodynamic grit separator; and 1 No. hydrocarbon interceptor; and (15) All other site development works including the provision of ancillary access roads, hardstands, conveyors and underground services required to facilitate the development. An Environmental Impact Assessment Report (EIAR) and Natura Impact Statement (NIS) will be submitted to the Planning Authority with the application and the EIAR and NIS will be available for inspection or purchase at a fee not exceeding the reasonable cost of making a copy during office hours at the offices of the Planning Authority, for development at The Mailings, Upper William Street, Athy, Co. Kildare R14PE83- Minch Malt Limited T/A Boortmalt-18/479

Schedule 1 - Considerations and Reasons on which this Decision is based as required by Article 31 of the Planning and Development Regulations 2001 (as amended)

Having regard to the nature, scale and intended use of the proposed development, the policies, objectives and standards of the Kildare County Development Plan 2017-2023, Athy Development Plan 2012-2018, submissions received, further information received, referral reports and the pattern of development in the area, it is considered that, subject to the conditions in schedule two, that the proposed development would not seriously injure the amenities of the area or of property in the vicinity, would not be prejudicial to public health and would otherwise accord with the proper planning and sustainable development of the area.

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Schedule 2 - Conditions to apply.

1. The development shall be in accordance with plans and particular submitted on the 27/04/18 and amended by revised details submitted on the 01/08/18, except where conditions hereunder specify othervise.

Reason: In the interests of proper planning and sustainable development of the area.

2. Within 1 year of the grant of planning permission, the Developer shall carry out a detailed topographical survey and shall prepare and submit a preliminary design layout of the N78, along the site frontage and associated N78/ Woodstock South Industrial Estate Access Road Junction for the written agreement of the Planning Authority.

The preliminary design layout shall be based on the following:

The Design Manual for Urban Roads and Streets (DMURS) The National Cycle Manual (NCM)

Provision of a reduced carriageway width of 6.5 metres.

Introduction of cycle lanes of 2.0 metres in width in each direction.

Provision of a footpath of 2.0 metres width;

If footpaths and cycle lanes of the widths outlines above proves not to be

feasible, provision of a shared 3.0 metre -wide footpath/ cycle lane;

Tighter corner radii between roads, where appropriate; Subject to capacity constraints, removal of or revision to right turn lanes

including from N78 to Woodstock South Industrial Estate; Relocation of on-street parking, as required;

Relocation/ rationalisation of existing street furniture, as appropriate;

Investigation of options to enhance the existing priority -controlled N78/ Woodstock South Industrial Estate Access Road Junction including potential

signalisation to the KCC's specification ; and

Consideration of enhanced street lighting at the proposed revised junction.

Land acquisition requirements including the development site and boundary.

The cost of all investigation and design work shall be borne by the Developer.

Reason: To safeguard the future development of the road objective and to comply

with DMURS standards, along the frontage of the development.

3. Within 1 year of the grant of planning permission, the Developer shall submit a detailed Road Safety Audit Stage 1 carried out by an independent approved and

certified auditor for the preliminary design layout of the N78, along the site frontage

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and associated N78/ Woodstock South Industrial Estate Access Road Junction. The

RSA recommendations shall be incorporated into the preliminary design.

Reason: To ensure the safety of all road users.

4. Prior to commencement of development, the Developer shall submit a detailed Road Safety Audit Stage 2 carried out by an independent approved and certified

auditor for the proposed development including access into the site and the

surrounding area. The RSA recommendations shall be incorporated into the detailed design.

Reason: To ensure the safety of all road users.

5. Prior to completion of development, the Developer shall submit a detailed Road Safety Audit Stage 3 carried out by an independent approved and certified auditor

on the completed works for the proposed development including access into the site

and the surrounding area. The RSA recommendations shall be incorporated into the final completed works.

Reason: To ensure the safety of all road users.

6. The Developer shall provide 28 cycle parking spaces as outlined in Traffic Insights proposal - figure 3.2 received by the Planning Department on August 1, 2018.

Reason: To promote sustainable mobility.

7. (a) Line of sites shall be strictly in accordance with the Design Manual for Roads and Bridges (DMRB)

(b) The Developer shall keep the entrances free from obstruction, such as advertisements, and shall be maintained by the Developer, so as not to impede lines

of sight at the entrance; as provided in accordance with the Design Manual for Roads and Bridges.

Reason: In the interest of traffic safety.

8. Hot Rolled Asphalt with pre-coated chipping shall be laid by the Developer at the entrances into the development with detail to be agreed with the Planning Authority

and the Athy Municipal District prior to commencement of development.

Reason: To ensure adequate surfacing for HGV turning movements.

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9. Car parking spaces shall be provided on a durable permanent surface within the

curtilage of the site. Each car space shall be marked in 2.5 metre x 5.0 metre bays in

100 mm wide white lines with a durable permanent material. Circulation aisles shall

be a minimum of 6.0 metres wide.

Reason: In the interest of traffic safety.

10. During the Harvest Season, the Developer shall utilise the secondary operational

access/ egress (shown on Traffic Insights Figure 3.1, received by the planning department on August 1, 2018).

Reason: To avoid queue near the junction with the N78.

11. During the Harvest Season, the Developer shall manage the queuing of HGVs and agricultural machinery at the entrances.

Reason: To avoid queuing on the public and access roads and to ensure the safety of all road users.

12. Existing land and road side drainage shall not be impaired; changes shall be

designed and shaped to ensure the uninterrupted flow of existing drainage.

Reason: To prevent interference with existing roadside.

13. The Developer shall ensure that no surface water runoff from the site is discharged onto the public road.

Reason: In the interest of traffic safety.

14. Prior to commencement of development, the Developer shall submit full design details and specifications of the lighting system for the written agreement of the

Planning Authority and the Public Lighting Engineer's Office , necessary to serve the development and access thereto. The proposed lighting system shall comply with the

requirements set out in Kildare County Council's Street Lighting Technical

Specification.

Reason: In the interests of traffic and pedestrian safety.

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15. The Developer shall ensure that lighting from the compound shall be erected in

such a way so as not to distract or shine into the path of traffic.

Reason: In the interests of traffic safety

16. Prior to completion of development, all public lighting necessary to serve the

development and access thereto shall be completed to the requirements set out in Kildare County Council's Street Lighting Technical Specification.

Reason: In the interests of traffic and pedestrian safety

17. (a} The proposed works to the Woodstock House (Plewman's House} hereby granted planning permission, shall be carried out in accordance with the philosophy and methodology described in the Architectural Heritage Report, accompanying drawings received by the Planning Authority on 01/08/18 and in accordance with the Department of Environment Heritage and Local Government Conservation Guidelines & best conservation practice 'Advice' series. (b) A Grade 2 RIAi Architectural Conservation Architect or equivalent Conservation Consultant shall be engaged for the detailing and supervision of the proposed Conservation works to Woodstock House (Plewman's House). Prior to the commencement of the development hereby granted planning permission, a letter of engagement and resume of the appointed Conservation Consultant's relevant experience shall be submitted for the written agreement of the Planning Authority.

(c) Prior to commencement of the development, the applicant's Conservation Architect shall submit for the written agreement of the Planning Authority, a salvage schedule which should aim to retain and reuse as much of Woodstock House (Plewman's House) existing fabric.

(d) The Conservation Architect shall monitor the proposed Conservation works and

ensure that they are being carried out in accordance with the proposed method statement and best Conservation practice.

(e) The appointed Conservation Architect shall document/photograph the areas of

change and record the main stages of the proposed Conservation works to Woodstock House (Plewman's House). The existing structure and building fabric shall be recorded on suitably scaled drawings which shall be cross related to numbered photographs and submitted to the Planning Authority. (f) Upon the completion of the development, the appointed Conservation Architect

shall submit a Conservation Compliance report to the Planning Authority. The report shall:

i. demonstrate that the works comply with the Conservation Method Statement;

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ii. Contain suitably scaled drawings of the Conservation works cross related to numbered site photographs and an as built drawing.

Reason: In the interest of protecting the existing Vernacular Structure and in accordance with the Council's Vernacular Architecture Policies as set out under VA 2, VA 4 and VA 8 of the Kildare County Development Plan 2017-2023.

18. Only clean uncontaminated surtace water from the development shall be

discharged to the surtace water system. Only foul sewage and soiled water from the development shall be discharged to the foul system.

Reason: In the interests of public health, to avoid pollution and to ensure proper development.

19. All surface water from the carpark areas and service vehicle areas shall pass

through adequately sized and sited petrol/oil interceptor(s) before being discharged to the surface water system.

Reason: In the interest of public health, to avoid pollution, and to ensure proper development.

20. (a) The following noise limits shall apply to construction activities:

70 dB(A) LAeq (1-hour) between the hours of 07:00 and 19:00 Monday to Friday

60 dB(A) LAeq (1-hour) between the hours of 19:00 and 22:00 Monday to Friday

65 dB(A) LAeq (1-hour) between the hours of 08:00 and 16:30 on Saturdays

60 dB(A) LAeq (1•hour) between the hours of 08:00 and 16:30 on Sundays and Bank Holidays

(b) Noise from the development shall not give rise to sound pressure levels (Leq 15

minutes) measured at *noise sensitive locations which exceed the following limits:

i. 55 dB(A) between the hours of 0800 and 1800 Monday to Friday inclusive (excluding bank holidays)

ii. 45 dB(A) at any other time.

(c) There shall be no clearly audible tonal component or impulsive component in the noise emission from the development at any *noise sensitive location.

(d) A detailed Noise Study, with recommendations, shall be carried out by a

competent noise/environmental consultant within three months of the development

being in full operation and at any other time as may be specified by Kildare Co.

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Council. The Noise Study shall be submitted for the consent of the Planning Authority.

Note: *Noise sensitive location: Any dwelling house, hotel or hostel, health building, educational establishment, place of worship or entertainment, or any other facility or area of high amenity which for its proper enjoyment requires the absence of noise at nuisance levels.

Reason: In the interest of public health and the use of best practice guidelines in order to avoid pollution.

21. All overground oil, chemical storage tank(s) shall be adequately bunded to

protect against spillage. Bunding shall be impermeable and capable of retaining a volume equal to 1.1 times the capacity of the largest tank. Filling and off-take points shall be located within the bunded area(s).

Reason: In the interest of public health and the use of best practice guidelines in order to avoid pollution.

22. The Developer shall use "Best Practicable Means" to prevent/minimise noise and dust emissions during the construction and operational phases of the development, through the provision and proper maintenance, use and operation of all machinery all to the satisfaction of the Planning Authority.

Reason: In the interest of public health, and the use of best practice guidelines in order to avoid nuisance

23. All wastes produced shall be collected and disposed of in accordance with the Waste Management Acts, 1996 - 2016 and Regulations made there under. Packaging waste shall be segregated in accordance with the Waste Management (Packaging) Regulations 2003, as amended. Areas shall be identified for the storage, treatment and collection of segregated wastes. No burning of waste on site is permitted. Only waste contractors in possession of a valid waste collection permit from the National Waste Collection Permit Office may collect waste from the development.

Reason: In the interest of public health and the use of best practice guidelines in order to avoid pollution.

24. Prior to the commencement of development, the developer shall submit a formal Project Waste Management Plan for Construction and Demolition to the local

authority for agreement prior to Commencement Notice stage. This plan shall, inter alia, include the information recommended in sections 3.2, 3.3 and 3.4 of the

document titled "Best practice Guidelines on the Preparation of Waste Management

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Plans for Construction and Demolition Projects" published by the Department of the

Environment, Heritage and Local Government (July 2006)".

The plan shall also contain at a minimum: a) The waste types, including their List of Waste (LoW) Classification

Codes and corresponding descriptions, b) Volumes of each waste type expected to arise during construction

and demolition, c) How those waste types are intended to be stored prior to their

collection and d) The name of the authorised waste contractors intended to be

used for the collection of each waste type, their waste collection permit numbers and the names and permit numbers of authorised waste sites intended to be used in the conjunction with the development.

Reason: In the interest of best practice guidelines for the management and reduction of construction and demolition waste in order to avoid pollution.

25. Where the applicant proposes to connect directly or indirectly to a public

water/wastewater network operated by Irish Water, the applicant must sign a

connection agreement with Irish Water (IW) prior to the commencement of the

development and adhere to the standards and conditions set out in that agreement.

In the interest of Public Health and Environmental Sustainability, Irish Water

Infrastructure capacity requirements and proposed connections to the Water and

Waste Water Infrastructure will be subject to the constraints of the Irish Water Capital Investment Programme.

Reason: To ensure proper servicing of the development.

26. (a)The proposed development shall not impair existing land or road drainage. (b) All surface water generated on-site shall be disposed of on-site and not allowed onto the public road. (c) Applicant shall be responsible for the proper design, construction and maintenance of all surface water drains installed as part of the proposed development including soakways.

Reason: In the interest of public health, to avoid pollution, and to ensure proper development.

27. The applicant/developer to pay to Kildare County Council the sum of €118,074.36 being the appropriate contribution to be applied to this development in accordance with the Development Contribution Scheme adopted by Kildare County Council on 5th

November 2015 in accordance with Section 48 of the Planning and Development Act 2000 as amended. Payments of contributions are strictly in accordance with Section 13 of Development Contribution Scheme adopted by Kildare County Council on 5th

November 2015.

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'

Note: Please note water and wastewater development contribution charges now form part of the water connection agreement, if applicable, with Irish Water.

Reason: It is considered reasonable that the developer should make a contribution in respect of public infrastructure and facilities benefiting development in the area of the Planning Authority.

ADVICE NOTE TO APPUCANTS All applicants are advised to make themselves aware of the requirements of the Building Control (Amendment) Regulations (S.I. No 9) 2014 which comes into effect on 1/3/2014 and the Construction Products Regulations (CPR) (Regulation (EU) no. 305/2011) which came into effect on 1/7/2013. Information leaflets can be viewed or downloaded on the council's website http://kildare.ie/CountyCouncil/Planning/BuildingControlDepartment/ or the Department of the Environment Community and local Government website http://www.environ.ie/en/

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\

Information Note - Public Water and Waste Water Networks Connections f

On the 1st of January 2014, Irish Water became the statutory body with the responsibility for all water services, both water and waste water. The provision of a water services connection will be carried out by Irish Water in partnership with each Local Authority.

Any persons seeking a connection to any of Irish Water's networks should make an application in the first instance to their Local Authority who will act on behalf of Irish Water in processing the application.

A Connection Agreement between Irish Water and the applicant will be required, prior to any connection being agreed, and will set out the conditions and charges to be applied to the connection. Details, including availability of application forms, are to be found on each Local Authority website.

lt should be noted that Planning Authorities can no longer levy water and wastewater development charges and that these will now be incurred as part of the connection charge, if applicable.

Since the 1st of January 2014 Irish Water has been applying Interim New Connection Charges (Infrastructure Fee and Connection Fee} that are the equivalent of both the water and waste water portion of Development Levies and Connection Fees previously charged by the Local Authorities.

The previous Local Authority Development Levy is now called an Infrastructure Fee and the previous Local Authority Connection Fee is now called a Works Fee. Both these fees are charged by Irish Water as they were in the Local Authorities on the 31 st of December 2013.

Where planning permission was granted prior to the 1 st of January 2014, Local Authorities will continue to bill and collect the water and waste water portion of Development Levies (Infrastructure Fee) as previously and subsequently transfer this to Irish Water. Irish Water will charge a Works Fee equivalent to the Connection Fees as they were in the Local Authorities on the 31 s1 of December 2013.

Under the provisions of Section 55(1 )(a) of the Water Services Act 2007 (the Act) it is an offence for a person to cause or permit the connection of a premises to the public water supply network, either directly or indirectly, or to otherwise take a water supply without the agreement of Irish Water.

Similarly under the provisions of Section 61 (1 )(a) of the Act, it is an offence for a person to cause or permit the connection of a premise to the public waste water collection network, either directly or indirectly, without the agreement of Irish Water.

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