Proposed Improvement Works to Spa House Grounds and Tip O'Neill Park, Mallow County Cork - Part 8 Planning Application
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Proposed Improvement Works to Spa House Grounds and Tip
O’Neill Park, Mallow County Cork – Part 8 Planning Application
Preliminary Examination (for the purposes of EIA) in accordance with
Article 120 of Planning and Development Regulations 2001-2019
Client: Cork County Council
Date: 19 January 2021
DOCUMENT CONTROL SHEET
6615_RPSPA-01_Preliminary Examination (for the purposes of EIA) in accordance
with Article 120 of Planning and Development Regulations 2001-2019
Project No. 6615
Client: Cork County Council
Project Name: Proposed Improvement Works to Spa House Grounds and Tip O’Neill
Park, Mallow County Cork – Part 8 Planning Application
Report Name: Preliminary Examination (for the purposes of EIA) in accordance with
Article 120 of Planning and Development Regulations 2001-2019
Document No. RP-01
Issue No. 01
Date: 19/01/2021
This document has been issued and amended as follows:
Issue Status Date Prepared Checked
01 Part 8 planning 19 Jan 2021 MH TB
Contents
1 Introduction ........................................................................................ 1
2 Environmental Impact Assessment ..................................................... 2
2.1 Background and Applicable Legislation ....................................................... 2
2.2 Mandatory Requirement for EIA ................................................................. 2
2.3 Requirement for ‘Sub-threshold’ EIA........................................................... 3
3 Preliminary Examination of the Proposed Development ..................... 4
3.1 The nature of the Proposed Development .................................................. 4
3.1.1 The Proposed Development ......................................................................................................... 4
3.1.2 Appropriate Assessment ............................................................................................................... 5
3.2 The Size of the Proposed Development....................................................... 5
3.3 The Location of the Proposed Development ............................................... 5
3.3.1 Mallow Town Development Plan 2010-2016 .............................................................................. 6
3.4 Criteria under Schedule 7 of Planning and Development Regulations 2001-
2019 ........................................................................................................... 7
3.4.1 Characteristics of the Proposed Development............................................................................ 8
3.4.2 Location of the Proposed Development .................................................................................... 10
3.4.3 Type and Characteristics of Potential Impacts .......................................................................... 12
3.5 Overall Summary ...................................................................................... 14
4 Conclusion......................................................................................... 14
5 References ........................................................................................ 15
Brady Shipman MartinProposed Improvement Works to Spa House Grounds and Tip O’Neill Park, Mallow
County Cork – Part 8 Planning Application
Preliminary Examination (for the purposes of EIA) in accordance with Article 120 of Planning and
Development Regulations 2001-2019
1 Introduction
Cork County Council is seeking permission under Part 8 of the Planning and
Development Regulations 2001-2019 (hereafter the PDR 2001) for development
comprising proposed improvement works to Spa House grounds and Tip O’Neill
Park, Mallow, Co. Cork.
The location of the proposed development site is shown in Figure 1.
Figure 1: Spa House and Tipp O’Neil Park site location (image source: Google Maps). Note:
the red line boundary shown is indicative, for full details refer to the accompanying
documentation
Brady Shipman Martin was appointed by Cork County Council to prepare a
Preliminary Examination of, at least, the nature, size or location of the
development in relation to the requirement, or not, for Environmental Impact
Assessment (EIA), in accordance with article 120 1 of the PDR 2001, to allow the
planning authority to make a conclusion, based on such preliminary examination,
that –
(i) there is no real likelihood of significant effects on the environment
arising from the proposed development, the authority shall conclude
that an EIA is not required, or
(ii) there is significant and realistic doubt in regard to the likelihood of
significant effects on the environment arising from the proposed
development, it shall prepare, or cause to be prepared, the
information specified in Schedule 7A for the purposes of a screening
determination, or
1 Sub-threshold EIAR
Brady Shipman Martin 6615_2021-01-19_RPSPA-01_01 1Proposed Improvement Works to Spa House Grounds and Tip O’Neill Park, Mallow
County Cork – Part 8 Planning Application
Preliminary Examination (for the purposes of EIA) in accordance with Article 120 of Planning and
Development Regulations 2001-2019
(iii) there is a real likelihood of significant effects on the environment
arising from the proposed development, it shall—
(I) conclude that the development would be likely to have such
effects, and
(II) prepare, or cause to be prepared, an EIAR in respect of the
development.
This report is a Preliminary Examination of the proposed development prepared
on behalf of Cork County Council by Matthew Hague BSc MSc Ad. Dip. Planning
& Environmental Law CEnv MCIEEM, Senior Ecologist with Brady Shipman Martin.
Matthew has over 18 years’ experience in ecological and environmental
consultancy. Technical review was by Thomas Burns, (BAgrSc. (Landscape); Dip.
EIA Management; Ad. Dip. Planning & Environmental Law) Partner with Brady
Shipman Martin, environmental, landscape and planning consultants. Thomas
has over 25 years’ experience in the area of Environmental Impact Assessment.
The application for permission for the proposed development is accompanied by
a Report for the purposes of Appropriate Assessment (AA) Screening prepared by
Brady Shipman Martin.
2 Environmental Impact Assessment
2.1 Background and Applicable Legislation
EIA requirements derive from Council Directive 85/337/EEC on the assessment
of the effects of certain public and private projects on the environment. The
Directive and its previous amendments were subsequently codified and replaced
by Directive 2011/92/EU, as amended in turn by Directive 2014/52/EU2. This
amending Directive was transposed into national planning consent procedures in
September 2018 through the European Union (Planning and Development)
(Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018).
The objective of EIA is to ensure a high level of protection of the environment
and human health, through the establishment of minimum requirements for
environmental impact assessment prior to development consent being given, for
public and private developments that are likely to have significant effects on the
environment.
2.2 Mandatory Requirement for EIA
EIA is mandatory for certain types of projects as set out in Annex 1 of the EIA
Directive (and Part 1 of Schedule 5 of the PDR 2001). EIA is also mandatory for
other projects that meet or exceed a stated threshold as set out in Annex II of the
Directive (and Part 2 of Schedule 5 of the PDR 2001).
2Directive 2014/52/EU of the European Parliament and of the Council of 16 April 2014 amending
Directive 2011/92/EU on the assessment of the effects of certain public and private projects on
the environment
Brady Shipman Martin 6615_2021-01-19_RPSPA-01_01 2Proposed Improvement Works to Spa House Grounds and Tip O’Neill Park, Mallow
County Cork – Part 8 Planning Application
Preliminary Examination (for the purposes of EIA) in accordance with Article 120 of Planning and
Development Regulations 2001-2019
The proposed development does not correspond to a class of development set
out in Annex 1 (or Part 1 of Schedule 5 the PDR 2001) for which EIA would be a
mandatory requirement. Likewise, the proposed development does not meet or
exceed any threshold stated in Annex 2 (or Part 2 of Schedule 5 of the PDR 2001)
for which EIA would be a mandatory requirement.
2.3 Requirement for ‘Sub-threshold’ EIA
Certain developments by local authorities prescribed under Section 179 3 of the
Planning and Development Act 2000-2019 (hereafter the PDA 2000) that do not
meet or exceed a stated threshold for EIA (i.e. requirement for EIA is mandatory)
are subject to a Preliminary Examination in accordance with article 120 of the
PDR 2001 for the requirement, or not, for ‘sub-threshold’ EIA.
The Preliminary Examination must consider, at least, the nature, size or location
of the proposed development.
The report has had regard to the requirements of Schedule 7 of the PDR 2001 in
preparing this Preliminary Examination.
3 Local authority own development
Brady Shipman Martin 6615_2021-01-19_RPSPA-01_01 3Proposed Improvement Works to Spa House Grounds and Tip O’Neill Park, Mallow
County Cork – Part 8 Planning Application
Preliminary Examination (for the purposes of EIA) in accordance with Article 120 of Planning and
Development Regulations 2001-2019
3 Preliminary Examination of the Proposed
Development
The Preliminary Examination considers, at least, the nature, size and location of
the proposed development and the requirements of Schedule 7 of the PDR 2001.
3.1 The nature of the Proposed Development
3.1.1 The Proposed Development
The proposed development consists of the following:
• Enhanced landscape and setting of Spa House, which will include:
o removal of section of existing bitumen macadam parking and
landscaping with grass and hedges
o removal of existing PC slabs & proposed new limestone paving,
seating and planting
o removal of existing bitumen path to the Lady's Well and
constructing new 2.4m wide self‐binding gravel amenity path
connecting Lady's Well with Tip O'Neill Park
• Enhancement and improvement of main path in the Tip O'Neill Park and
entrance to the Tip O'Neill Park from St. Joseph's Road:
o removal of existing walls at the entrance to the Park from St.
Joseph's Road, building seating wall and planting hedges and
ornamental shrubs planting, resurfacing with new concrete block
paving
o widening & resurfacing of existing path to consistent path width
(3.2m)
o removal of existing water feature and provision of new formal
water feature, seating & planting
• Proposed pedestrian crossings to improve access between Tip O'Neill/Spa
House and Mallow Castle & Gardens:
o Proposed pedestrian crossings to improve access between Tip
O'Neill/ Spa House and Mallow Castle & Gardens:
o proposed pedestrian 'zebra crossing' with red chip asphalt
o proposed pedestrian raised table to Castlepark entrance
• Proposed pedestrian crossing to improve access between Muddy Hill /Spa
Walk (N72) and main entrance to Spa House/ Tip O'Neill Park:
o proposed widening of existing footpaths to improve pedestrian
environment and access to park
o proposed raised table for improved pedestrian access between
park and Muddy Hill
Brady Shipman Martin 6615_2021-01-19_RPSPA-01_01 4Proposed Improvement Works to Spa House Grounds and Tip O’Neill Park, Mallow
County Cork – Part 8 Planning Application
Preliminary Examination (for the purposes of EIA) in accordance with Article 120 of Planning and
Development Regulations 2001-2019
o proposed resurfacing of paths around 'Pumps' with select
limestone and concrete paving
o proposed uncontrolled pedestrian crossing of Muddy Hill road
The overall site area is c.2.2ha.
3.1.2 Appropriate Assessment
A report for the purposes of Appropriate Assessment (AA) Screening has been
prepared by Brady Shipman Martin and accompanies the planning application.
The Report notes that potential significant effects on European sites have been
excluded at a the screening stage.
The assessment concludes that:
In view of best scientific knowledge this report concludes that the
development, individually or in combination with another plan or project,
is not likely to have a significant effect on any European sites. This
assessment was reached without considering or taking into account
mitigation measures or measures intended to avoid or reduce any impact
on European sites.
3.2 The Size of the Proposed Development
The proposed development site is located on a small site of c.2.2ha. The site is
already developed as a public park, and the proposed development itself is very
minor in nature, comprising as it does measures to enhance the landscape setting
and visitor experience at Spa House and Tip O’Neill Park. The proposed
development will result in local and site level improvements to the existing
surface water drainage regime at the site. There will be a reduction in hard
surface area, with the replacement of the existing hard standing in the vicinity of
the house and its replacement with a gravel surface. Surface water arising
elsewhere will discharge to the landscaped areas and will infiltrate naturally to
the ground – there is no requirement for any new surface water outfalls.
3.3 The Location of the Proposed Development
The proposed development site is located within a small urban park, with a
stream – the South Caherduggan stream – running north to south through the
park. This stream 4, which is canalised but has a diversity of in-stream vegetation,
is a tributary to the Blackwater River which is located approximately 300m further
south. The stream is culverted along much of its length between the park and the
Blackwater. In addition to the stream, the site is dominated by areas of open
amenity grassland and trees in a parkland setting. The site is bounded to the west
by the N72 road and to the east side by woodland and a steep wooded cliff.
4
https://gis.epa.ie/EPAMaps/
Brady Shipman Martin 6615_2021-01-19_RPSPA-01_01 5Proposed Improvement Works to Spa House Grounds and Tip O’Neill Park, Mallow
County Cork – Part 8 Planning Application
Preliminary Examination (for the purposes of EIA) in accordance with Article 120 of Planning and
Development Regulations 2001-2019
Figure 2: Spa House and Tipp O’Neil site location
3.3.1 Mallow Town Development Plan 2010-2016
Spa House and Tip O’Neill Park is located within the Spa Glen Amenity Area as defined
in the Mallow Town Development Plan.
Mallow has four Tree Protection Orders relating to trees in various parts of the
town, including Spa Glen.
According to the Mallow Town Development Plan, Spa Glen has many individual
protected structures, but its designation as an Architectural Conservation Area
(ACA) evolves from its historical past and its significance as a Spa resort in the
Brady Shipman Martin 6615_2021-01-19_RPSPA-01_01 6Proposed Improvement Works to Spa House Grounds and Tip O’Neill Park, Mallow
County Cork – Part 8 Planning Application
Preliminary Examination (for the purposes of EIA) in accordance with Article 120 of Planning and
Development Regulations 2001-2019
18th and 19th centuries. It is the protection of the existing natural environment
and mature stands of trees along with its historical associations that merits its
designation as an ACA.
Among the other objectives of Mallow Town Development Plan is a specific
Natural Environment Objective (Objective EH3) To protect the ecological integrity
of the designated areas around Mallow Town including the River Blackwater, the
Special Area of Conservation (SAC) and the Spa Glen Amenity Area. Outside these
areas the natural and semi-natural habitats, their linkages and the diversity of life
therein shall be protected.
The proposed improvement works at Spa House and Tip O’Neill Park will
contribute to achieving this stated objective.
Figure 3: Landuse Zoning (Extract from Map No. 5a Land Use Zoning Objectives,
Mallow Town Development Plan 2010-2016). The Spa Glen area, which covers the
Spa House and Tip O’Neill Park study site, is highlighted in light green
3.4 Criteria under Schedule 7 of Planning and Development
Regulations 2001-2019
The criteria for determining if a development would, or would not, be likely to
have significant effects on the environment is set out in Schedule 7 to the PDR
2001. The criteria are grouped under three headings as follows:
1. Characteristics of the Proposed Development
2. Location of Proposed Development
3. Characteristics of Potential Impacts.
Each of the above groupings includes a number of sub-criteria and information is
provided for each in the following Sections 3.4.1 - 3.4.3 respectively.
Brady Shipman Martin 6615_2021-01-19_RPSPA-01_01 7Proposed Improvement Works to Spa House Grounds and Tip O’Neill Park, Mallow
County Cork – Part 8 Planning Application
Preliminary Examination (for the purposes of EIA) in accordance with Article 120 of Planning and
Development Regulations 2001-2019
3.4.1 Characteristics of the Proposed Development
Table 1 assesses the environmental sensitivity of the characteristics of the
proposed development and the potential for significant impact.
Table1: Characteristics of the Proposed Development
Type and Characteristics of
Comment
Proposed Development
The proposed development is located within an
existing park of c.2.2ha.
The proposed development is very minor in nature.
a) the size and design of the It comprises enhancements to the landscape setting
whole of the proposed and visitor experience at Spa House and Tip O’Neill
development, Park in Mallow.
There is no likelihood of significant environmental
effects by reason of the size and design of the
proposed development.
The proposed development will enhance an existing
b) cumulation with other existing
park.
development and / or
development the subject of a The site is within the area zoned TC – Town and
consent for proposed District Centre (Protect and Enhance the special
development for the purposes physical and social character of town and district
of section 172(1A)(b) of the centres and provide and/or improve urban facilities).
Act and / or development the The proposed development site is situated in a an
subject of any development existing park and there is no change of use proposed.
consent for the purposes of There is no likelihood of significant environmental
the Environmental Impact effects by reason of cumulation with other
Assessment Directive by or development for the purposes of Section 172(1A)(b)
under any other enactment, of the PDA, 2000.
No demolition works are required, other than
the removal of small areas of hardstanding and their
c) the nature of any associated replacement with gravel surfaces and landscaping..
demolition works There is no likelihood of significant environmental
effects by reason of the proposed small-scale
demolition works.
The proposed development is small in scale. The
existing site is already developed as a park, and will
d) the use of natural resources, continue to function as a park.
in particular land, soil, water
Use of natural resources will be limited to the normal
and biodiversity,
use of building materials and no likelihood of
significant environmental effects arises.
Normal site clearance works are included in the
construction phase of the proposed development.
There are no unusual aspects to the proposed
development.
e) the production of waste
Therefore, production of waste will be limited and
subject to appropriate recycling or removal to
approved, licensed facilities. There is no likelihood of
significant environmental effects arising.
Construction works have the potential for noise
f) pollution and nuisances, disturbance. However, any such disturbance will be
temporary (limited to the construction phase),
Brady Shipman Martin 6615_2021-01-19_RPSPA-01_01 8Proposed Improvement Works to Spa House Grounds and Tip O’Neill Park, Mallow
County Cork – Part 8 Planning Application
Preliminary Examination (for the purposes of EIA) in accordance with Article 120 of Planning and
Development Regulations 2001-2019
Type and Characteristics of
Comment
Proposed Development
localised and controlled and mitigated by standard
construction best practice and normal day-time
working hours.
No other pollution or nuisances are identified and no
likelihood of significant environmental effects arises.
g) the risk of major accidents,
and / or disasters which are There are no unusual aspects to the proposed
relevant to the project development.
concerned, including those
No particular risks are identified and no likelihood of
caused by climate change, in
significant environmental effects arises.
accordance with scientific
knowledge, and
h) the risks to human health (for No particular risks to human health are identified,
example, due to water with no likelihood of significant environmental
contamination or air effects arises.
pollution).
3.4.1.1 Section Summary
There is no likelihood of significant effects on the environment arising from the
nature of the proposed development.
The proposed development involves minor improvements to the existing park.
Therefore, the scale of the proposed development, when viewed individually and
/ or cumulatively, is very small in terms of the extent of development and
significantly below relevant EIA thresholds.
This scale of development will not give rise to significant effects on the
environment either by way of its size or design.
Any potential pollution aspect will be avoided through appropriate standard
construction practice management regimes.
Any noise and nuisance associated with the proposed construction works will be
short-term and subject to standard construction management and best practice
procedures.
Any waste arising will be small in quantity and taken from the Site for reuse or
disposal, subject to normal statutory controls.
The Proposed Development will not result in any significant environmental
effects arising from the nature of the development.
Brady Shipman Martin 6615_2021-01-19_RPSPA-01_01 9Proposed Improvement Works to Spa House Grounds and Tip O’Neill Park, Mallow
County Cork – Part 8 Planning Application
Preliminary Examination (for the purposes of EIA) in accordance with Article 120 of Planning and
Development Regulations 2001-2019
3.4.2 Location of the Proposed Development
Table 2 assesses the location of the proposed development with regard to the
environmental sensitivity of the geographical area likely to be affected and the
potential for significant impact.
Table 2: Location of Proposed Development
Type and Characteristics of
Comment
Potential Impacts
The site for the proposed development comprises an
existing public park close to Mallow Town Centre.
The Proposed Development is to enhance the
i) the existing and approved existing park and the immediate area – thus
land use improving the overall access and public experience
in the grounds.
No likelihood of significant environmental effects
arises.
j) the relative abundance,
availability, quality and The proposed development will have negligible
regenerative capacity of impact on the quality and regenerative capacity of
natural resources (including natural resources in the area.
soil, land, water and No likelihood of significant environmental effects
biodiversity) in the area and arises
its underground,
k) the absorption capacity of the Having regard to the criteria listed below, it is
natural environment, paying considered that the Site has a high absorption
particular attention to the capacity for the scale and type of development
following areas: proposed and no likelihood of significant
environmental effects arises.
(i) wetlands, riparian areas,
No impact arises.
river mouths;
(ii) coastal zones and the
No impact arises.
marine environment;
(iii) mountain and forest
No impact arises.
areas;
The proposed development is located within land
(iv) nature reserves and parks; that will continue to be used as a public park on
completion of the works.
(v) areas classified or
protected under A separate Screening Report for the requirement for
legislation, including Appropriate Assessment (AA) has been prepared
Natura 2000 areas and excludes any potential for impact on Natura
designated pursuant to 2000 Sites.
the Habitats Directive and No impact arises.
the Birds Directive and;
(vi) areas in which there has
already been a failure to
meet the environmental
quality standards laid No issues arise.
down in legislation of the
European Union and
relevant to the project, or
Brady Shipman Martin 6615_2021-01-19_RPSPA-01_01 10Proposed Improvement Works to Spa House Grounds and Tip O’Neill Park, Mallow
County Cork – Part 8 Planning Application
Preliminary Examination (for the purposes of EIA) in accordance with Article 120 of Planning and
Development Regulations 2001-2019
Type and Characteristics of
Comment
Potential Impacts
in which it is considered
that there is such a failure;
The proposed small scale development is located on
a site within Mallow Town. While residential and
town centre development lies to the north and west
(vii) densely populated areas; respectively, the site itself comprises an existing
park.
No likelihood of significant environmental effects
arises.
The site for the Proposed Development is of part of
the archaeological, cultural and landscape fabric of
(viii) Landscapes and sites of Mallow. See attached architectural heritage
historical, cultural or assessment report prepared by JCA Conservation
archaeological Architects.
significance. The Proposed Development is minor in scale and is
intended to enhance the existing park.
There is no likelihood of environmental effects.
3.4.2.2 Section Summary
There is no likelihood of significant effects on the environment arising from the
location of the proposed development.
As stated in Section 3.2 the proposed development is very minor in nature. It
comprises measures to enhance the landscape setting and visitor experience at Spa
House and Tip O’Neill Park. The proposed development will result in local and site
level improvements to the existing surface water drainage regime at the site. There
will be a reduction in hard surface area, with the replacement of the existing hard
standing in the vicinity of the house and its replacement with a gravel surface. Surface
water arising elsewhere will discharge to the landscaped areas and will infiltrate
naturally to the ground – there is no requirement for any new surface water outfalls.
The Screening for the requirement for Appropriate Assessment (AA) concludes
the following:
In view of best scientific knowledge this report concludes that the
development, individually or in combination with another plan or project, is
not likely to have a significant effect on any European sites. This assessment
was reached without considering or taking into account mitigation measures
or measures intended to avoid or reduce any impact on European sites.
In terms of other environmental sensitivities, e.g. cultural heritage, landscapes or
biodiversity, the proposed development will not give rise to any significant
effects.
The Proposed Development will not result in any significant environmental
effects arising from its location.
Brady Shipman Martin 6615_2021-01-19_RPSPA-01_01 11Proposed Improvement Works to Spa House Grounds and Tip O’Neill Park, Mallow
County Cork – Part 8 Planning Application
Preliminary Examination (for the purposes of EIA) in accordance with Article 120 of Planning and
Development Regulations 2001-2019
3.4.3 Type and Characteristics of Potential Impacts
Tables 3 and 4 assess likely significant effects on the environment of the
proposed development in relation to criteria set out under paragraphs 1 and 2
(i.e. Sections 3.4.1 & 3.4.2 and Tables 1 and 2 above), having regard to the impact
of the project on the factors specified in paragraph (b)(i)(I) to (V) of the definition
of ‘environmental impact assessment report’ in section 171A of the PDA 2000.
Table 3: Type and Characteristics of the Potential Impacts
Type and Characteristics of
Comment
Potential Impacts
a) the magnitude and spatial Any potential impact will be temporary, short-term
extent of the impact (for and limited to the Site.
example, geographical area Therefore, the geographical extent and population
and size of the population likely to be affected are slight and no likelihood of
likely to be affected), significant environmental effects arises.
While the location in Mallow is of archaeological,
cultural and landscape significance, there are no
unusual aspects to the proposed development and
b) the nature of the impact any potential impacts are consistent with and typical
of normal small scale development.
No likelihood of significant environmental effects
arises.
c) the transboundary nature of
No transboundary impacts arise.
the impact
d) the intensity and complexity No impact of an unusual intensity or complexity is
of the impact, expected.
e) the probability of the impact N/A
Any potential impacts will be temporary or short-
f) the expected onset, duration, term associated with the normal construction and /
frequency and reversibility of demolition works of the proposed development.
the impact, No medium or long-term impact arises and no
likelihood of significant environmental effects arises.
g) the cumulation of the impact
with the impact of other
existing and/or development
the subject of a consent for
proposed development for
the purposes of section
The proposed development does not give rise to
172(1A)(b) of the Act and/or
cumulation with other development for the
development the subject of
purposes of Section 172(1A)(b) of the PDA, 2000.
any development consent for
the purposes of the
Environmental Impact
Assessment Directive by or
under any other enactment,
and
Any potential impacts will be temporary or short-
h) the possibility of effectively
term associated with the normal construction works
reducing the impact.
of a proposed development.
Brady Shipman Martin 6615_2021-01-19_RPSPA-01_01 12Proposed Improvement Works to Spa House Grounds and Tip O’Neill Park, Mallow
County Cork – Part 8 Planning Application
Preliminary Examination (for the purposes of EIA) in accordance with Article 120 of Planning and
Development Regulations 2001-2019
Type and Characteristics of
Comment
Potential Impacts
Such potential impacts may be appropriately
mitigated through standard construction best
practice and control of working hours.
No likelihood of significant environmental effects
arises.
Table 4: Assessment against the environmental factors specified in Section 171A(b) of the
Planning and Development Act 2000, as amended.
EIA Factor Comment
Positive impact as the proposed development will
Population improve the quality and amenity value of the park.
No negative impact arises.
Human Health No significant impact arises.
No significant effect arises on any European site
Biodiversity (Natura 2000 Sites).
No significant impact arises.
The Site is already developed as a park and the
proposed development will improve the amenity
Land value of the site.
No significant impact arises.
The Site is already developed as a park and the
proposed development will improve the amenity
Soil value of the site.
No significant impact arises.
The Site is not located within or adjacent to an area
identified as being susceptible to flooding (being
protected by Mallow Flood Relief scheme –
infrastructure associated with the flood defence
Water scheme are located within the site and will remain
unchanged by the proposed works). Appropriate
surface water management and discharge measures
are provided.
No significant impact arises.
Air and Climate No significant impact arises.
Material Assets No significant impact arises.
While the location is of acknowledged
archaeological, cultural and landscape significance
and located adjacent to Protected Structures and
within an Architectural Conservation Area, the
Cultural Heritage Proposed Development has been sited, designed
and laid out to avoid and /or minimise impact on
these aspects. See accompanying architectural
heritage report by JCA Architects.
No significant impact arises.
While the location is of acknowledged
archaeological, cultural and landscape significance
Landscape
and located adjacent to Protected Structures and
within an Architectural Conservation Area, the
Brady Shipman Martin 6615_2021-01-19_RPSPA-01_01 13Proposed Improvement Works to Spa House Grounds and Tip O’Neill Park, Mallow
County Cork – Part 8 Planning Application
Preliminary Examination (for the purposes of EIA) in accordance with Article 120 of Planning and
Development Regulations 2001-2019
EIA Factor Comment
Proposed Development has been sited, designed
and laid out to avoid and /or minimise impact on
these aspects. See accompanying architectural
heritage report by JCA Architects.
No significant impact arises.
No significant impact arises as a result of any
Interaction between factors potential for interaction between environmental
factors.
3.4.3.1 Section Summary
The type or characteristics of the potential impacts arising from the proposed
development will not give rise to significant environmental impacts.
There are no medium or long-term negative impacts and the proposed
development is capable of successful integration in the surrounding
environment.
Whilst temporary or short-term impacts relating to noise levels and dust are
typical of any small-scale construction phase. The proposed works will be
confined to the Site and any potential impact on nearby receptors will be
effectively managed through standard best practice construction measures.
The Proposed Development does not give rise to any significant impact on
environmental (EIA) factors provided in Section 171A(b) of the PDA, 2000.
3.5 Overall Summary
The proposed development will be located on a site that is already developed as
a park, located within the built-up town centre of Mallow. The development is
small-scale in nature and in-keeping with the landuse character of the existing
site.
The Site is otherwise not considered sensitive in terms of environmental aspects,
including human beings, archaeology, biodiversity, or landscape. The proposed
development will not impact any European site.
The proposed development will not give rise to significant environmental impacts
by virtue of its characteristics, size or location or from the types of potential
effects.
4 Conclusion
The Proposed Development at Spa House and Tip O’Neill Park in Mallow is not a
development for which there is a mandatory requirement for Environmental Impact
Assessment either under Part 1 or Part 2 of Schedule 5 of Planning and Development
Regulations 2001-2019.
This Preliminary Examination has considered the nature, size and location of the
Proposed Development and having regard to the criteria set out in Schedule 7 of the
Brady Shipman Martin 6615_2021-01-19_RPSPA-01_01 14Proposed Improvement Works to Spa House Grounds and Tip O’Neill Park, Mallow
County Cork – Part 8 Planning Application
Preliminary Examination (for the purposes of EIA) in accordance with Article 120 of Planning and
Development Regulations 2001-2019
Planning and development Regulations, 2001-2019 concludes, in accordance with
Article 120(1)(b)(i) that where “there is no real likelihood of significant effects on the
environment arising from the proposed development, it shall conclude that an EIA is
not required.”
This conclusion is made on the basis that the Proposed Development:
• is of a small-scale nature of the proposed development on a site of circa 2.2
hectares;
• will not give rise to any likelihood of significant effects on the environment;
• will not adversely impact Natura 2000 Sites or sensitive habitats either on its
own or in combination with other projects; and
• falls significantly below any stated thresholds for EIA set out in any
applicable Class of Part 2 of Schedule 5 of the Planning and Development
Regulations 2001-2019.
This Preliminary Examination has been informed by a desk study, site visits, and a
review of the Screening Report for Appropriate Assessment (AA), as well as the
drawings and reports prepared as part of the application.
The nature, characteristics or impacts of the Proposed Development will not have
significant effects on the environment.
The Site is not subject to flooding. Existing flood defence infrastructure associated
with the Mallow Flood Defence scheme will remain unaffected by the proposed
works.
Standard best practice methodologies employed during the construction phase will
limit any potential disturbance to the surrounding area and prevent any risk of
pollution (i.e. noise/air pollution) from the site, as outlined in Sections 3.4.1, 3.4.2
and 3.4.3 above.
No significant negative effects on the environment have been identified and the
project will have a long-term positive impact, as it will enhance the amenity value of
the existing park.
The type and characteristics of the potential impacts are not significant, taking into
account the characteristics of the Proposed Development and its location.
The overall conclusion and determination is that there is no requirement for
Environmental Impact Assessment of the Proposed Development.
5 References
Directive 2011/92/EU of the European Parliament and of the Council of
13 December 2011 on the assessment of the effects of certain public and
private projects on the environment.
Directive 2014/52/EU of the European Parliament and of the Council of 16
April 2014 amending Directive 2011/92/EU on the assessment of the effects of
certain public and private projects on the environment.
Draft Guidelines on the information to be contained in Environmental Impact
Assessment Reports, Environmental Protection Agency, 2017.
Brady Shipman Martin 6615_2021-01-19_RPSPA-01_01 15Proposed Improvement Works to Spa House Grounds and Tip O’Neill Park, Mallow
County Cork – Part 8 Planning Application
Preliminary Examination (for the purposes of EIA) in accordance with Article 120 of Planning and
Development Regulations 2001-2019
Environmental Impact Assessment (EIA) Guidance for Consent Authorities
regarding Sub-threshold Development, Department of Environment, Heritage
and Local Government, 2003.
Guidelines for Planning Authorities and An Bord Pleanála on carrying out
Environmental Impact Assessment, Department of Housing, Planning and
Local Government, 2018.
Fingal County Development Plan 2017-2023, Fingal County Council.
Lusk Local Area Plan 2009, Fingal County Council.
Planning and Development Act 2000-2019.
Planning and Development Regulations 2001-2019.
Brady Shipman Martin 6615_2021-01-19_RPSPA-01_01 16Brady Shipman Martin DUBLIN Canal House Canal Road Dublin 6 +353 1 208 1900 CORK Penrose Wharf Business Centre Penrose Wharf Cork +353 21 242 5620 LIMERICK 11 The Crescent Limerick +353 61 315 127 mail@bradyshipmanmartin.com www.bradyshipmanmartin.com
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