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This report is generated by PlanningAudits' automated audit system from the public planning record. Each finding is evidenced directly from the application's own documents and cross-referenced against decided An Coimisiún Pleanála cases. Findings represent our assessment of planning risk and should be verified by the user against the source documents before being relied upon or acted upon, as is standard practice with any third-party planning analysis. This report is an automated risk assessment, not a professional planning or legal opinion. PlanningAudits accepts no liability for any loss arising from reliance on this report, to the extent permitted by law.
Planning DD — Application Verifier

Application Verifier Report HIGH

Application: PL25/60265 Applicant: BNRG Ballymahon Limited Location: Tirlickeen Td., Cartronbrack Td., Clogh Td., Corryena Td., Lismacmorrough Td., County Longford Council: Longford County Council Received: 14/11/2025 Generated: 26 October 2026 Report ID: 3fee9453-72b6-454d-baee-117a7b152ad3
How to use this report

The report distinguishes two kinds of finding:

Statutory findings come from the deterministic rules engine — they check the application against numeric thresholds in the Planning and Development Regulations (Schedule 5 EIAR, Article 22 mandatory submissions, apartment standards, etc.). Each card is expandable to show the rule triggered, source documents in the file, comparable cases, and recommended action.

Judgement & precedent findings come from comparison against comparable decided cases. Each card includes an evidence brief, the cases cited (linked to the source decision), and a short "what to watch for" list.

Always verify against the source documents — links on each finding open the exact page in the application file.

Executive summary

The case that the scheme will not harm Lough Ree SPA birds rests on six winter survey visits: the bird report records a Golden Plover flock of 400 in November (described as over 13% of the SPA population) but absent on four of the six visits, and then concludes the site is used only sporadically. Whether that survey effort, and the in-combination assessment, can rule out reasonable scientific doubt for each SPA qualifying interest should be tested before the Natura Impact Statement's no-adverse-effect conclusion is relied on.

Most serious points

Other serious points

Risk matrix

Quadrant shading tells the story at a glance — hover any dot for the rule ID, finding title and severity.

High severity / UncertaininvestigateHigh severity / Confirmedaddress urgentlyLow severity / Uncertainlow priorityLow severity / ConfirmedmonitorConfidenceuncertainconfirmedSeveritylowhighdocid 379180) sets out detection, cooling and suppression measures and spacing of at least 3 metres b" fill="#fef3c7" fill-opacity="0.95" r="11" stroke="#d97706" stroke-width="1.6" tabindex="0">
0 Breach85 Review0 Pass

Application summary

Councillongford
Application typecouncil_application
Sub-typesolar_farm
Unit count0
Site area (ha)111.1

Statutory findings — rules engine 0 BREACH 0 REVIEW 0 PASS

Binary checks against statutory thresholds and mandatory document requirements. BREACH means a clear statutory violation. REVIEW means a threshold concern requiring professional verification. Passed checks are collapsed at the bottom for confirmation.

No rules-engine findings produced.

Precedent-based risk assessment 63 HIGH RISK 25 MEDIUM 2 LOW

Pattern-matching against comparable decided cases. Risk levels reflect how often comparable deficiencies have been determinative at ABP. These are professional judgements, not statutory findings — they identify risk, not violations.

Tier 1 — Confident findings (64)
Each finding here was verified against the applicant's own submitted documents and independently cross-checked by two separate audit passes, with no unresolved audit issues remaining. These are the most serious points in this report.
Golden plover baseline relies on one winter onlyTier 1HIGH RISKThe analysis identifies inadequate bird baseline and unsupported dismissal of 400 golden plover as a Natura integrity concern that comparable refusals have turned on.

📋 Evidence brief — what we found

🎯 Key evidence
observed on two of the six surveys. a flock of eight were observed in october while a flock of 400 were observed in november. both observations were in the same location roosting on grassland within a single field. golden plover likely use grassland habitat within and surrounding the site boundary for foraging and roosting. ... whilst a peak count of 400 birds represents a significant percentage of the spa population, this density of birds was only recorded on one visit across the winter. the absence of golden plover on four visits would indicate that the site is only used sporadically and is not a particularly important ex-situ site for the overwintering population of golden plover from lough ree spa.
— Ecological Survey for Birds (794-NI-PLE-03028XX, March 2026), Section 4.2.1.1 'Golden plover', Discussion & Analysis of Results.
🗣️ In plain English
The remaining gap is whether the golden plover survey evidence (400 birds on one visit, absent on four) and the in-combination assessment with other plans/projects exclude reasonable scientific doubt; surface-water pollution controls are committed.
📖 Legal basis
Article 6(3) of Council Directive 92/43/EEC, transposed by and the European Communities (Birds and Natural Habitats) Regulations 2011, requires that any plan or project likely to have a significant effect on a Natura 2000 site be subject to appropriate assessment of its implications in view of the site's conservation objectives, and may be agreed only after the competent authority has ascertained it will not adversely affect site integrity (National Planning Framework, p.156). The DEHLG guidance 'Appropriate Assessment of Plans and Projects in Ireland' (2009 rev. 2010, p.3) states: 'Case law has established that assessments should be undertaken on the basis of the best scientific evidence and methods. Accordingly, data and information on the project and on the site and an analysis of potential effects on the site must be obtained and presented in a Natura Impact Statement (NIS).' It also states that where significant effects are 'likely, uncertain or unknown', the precautionary principle applies.
📂 What's on file
  • Ecological Survey for Birds (794-NI-PLE-03028XX, March 2026, by RPS) — six monthly overwintering bird surveys October 2025–March 2026; records forty species, including Lough Ree SPA Qualifying Interests golden plover and mallard; Section 4.2.1.1 reports golden plover observed on two of six surveys with a peak of 400 in November, then concludes the site is used only sporadically and is not an important ex-situ site.
  • Appropriate Assessment Screening and Natura Impact Statement (docid 379227, Tetra Tech) — screens in Lough Ree SPA and SAC; identifies surface water pollution, groundwater pollution, direct mortality, disturbance, habitat fragmentation, and damage/loss of foraging habitat as likely significant effect pathways; concludes no in-combination effects and that all pathways can be avoided with CEMP mitigation.
  • Other Assessments (docid 379149) — Chapter 5 ecological assessment; contains bird species list compiled July 2025 and acknowledges limitations (not a full season of breeding bird surveys); includes preliminary bat roost scoping following BCT guidelines.
  • Updated Hydrology & Hydrogeology report (PKF-JBAI-XX-XX-RP-EN-0001-A3-C04) — identifies River Inny and Lough Ree as Extremely High importance; notes River Inny has moderate WFD status and is 'At Risk/under Review' and drains into Lough Ree.
❌ What's missing
The bird baseline is present but inadequate: one overwintering season of six monthly transect visits is thin for a mobile flocking SPA Qualifying Interest, and the report records 400 golden plover on only one visit but then uses absence on four visits to conclude the site is 'not a particularly important ex-situ site'. There is no worked linkage from that survey effort and data to the specific conservation objective for each of the thirteen Lough Ree SPA QIs — particularly golden plover — or any statistical/scientific justification that four absences outweigh a peak of 400 birds. The NIS then repeats 'habitat is not considered prime feeding ground' rather than correcting this. The NIS summary states 'No projects or plans were identified that may have an in-combination effect' while its Table 3 lists other projects (e.g. Foigha 130ha solar farm), an apparent internal inconsistency. Hydrological pathways are screened in but the supplied excerpts do not connect the proposed runoff controls to Lough Ree SPA/SAC conservation objectives, thresholds, or flow-path lengths beyond stating that risks 'cannot be ruled out'. Bat survey adequacy in relation to Lough Ree SAC qualifying interests is not evidenced in the supplied excerpts.
💡 Why this is wrong
Article 6(3) and the DEHLG guidance require a NIS based on the best scientific evidence and methods; the conclusion must be able to exclude adverse effects with scientific certainty, applying the precautionary principle where uncertain. Here the bird data do not support the conclusion drawn: a peak of 400 golden plover — over 13% of the Lough Ree SPA population — on one field in one visit is treated as less important than absence on four visits, but six monthly winter visits cannot safely characterise use by a mobile flocking species. The NIS here repeats the same error, screening in 'damage to/loss of foraging habitat' as a pathway but then relying on the unsupported statement that the habitat is not prime feeding ground. The in-combination and hydrological sections add no real analysis, so the overall AA conclusion is vulnerable.
⚠️ Specific deficiency
The Ecological Survey for Birds conducted only six overwintering visits and then drew a site-importance conclusion from absence; it did not benchmark against Lough Ree SPA conservation objectives or provide a scientific rationale for why four visits outweigh a peak of 400 golden plover. The NIS (docid 379227) adopted this by stating the habitat is 'not considered prime feeding ground' and that lapwing or golden plover are 'unlikely to be in the area', supported only by generic statement that disturbance is not anticipated more than 300m outside the boundary. The NIS summary declares 'No projects or plans were identified that may have an in-combination effect' although its Table 3 lists other projects with brief AA summaries. The hydrology text in the NIS states for alluvial forests that impacts 'cannot be ruled out at this stage' but then screens in LSE without, in the supplied excerpt, demonstrating how the CEMP removes that uncertainty.
⚖️ Risk to address
Argue that the NIS fails Article 6(3) because its bird baseline is inadequate to exclude adverse effects on Lough Ree SPA: one winter season and six visits produced a peak of 400 golden plover on one visit, yet the report and NIS dismiss the site as not important ex-situ foraging habitat without best-scientific-evidence support.
📊 Precedent pattern
No comparable refusal on this ground that the appeal board upheld was confirmed; the point rests on the application documents.
📖 Relevant legislation / policy
📚 Precedent cases
  • eplanning_KerryCC_201284 — refused · Kerry County Council · 38% match
    PALLAS , KILFEIGHNY SOUTH AND GLANOE , CO KERRY
    Having regard to the location of the proposed development within the Stack's to Mullaghareirk Mountains, West Limerick Hills and Mount Eagle SPA and the likely loss/alteration of foraging habitat for Hen Harrier, adverse effects on the integrity of the European site cannot be exc
  • PL17-311536 — refused · Meath County Council · 26% match
    Lands Including Rogerstown, Smithstown, Calliaghstown,, Pilltown and Ballymad, D
    It is considered that the submitted Natura Impact Statement is not based on best available scientific information. In the absence of adequate baseline information, including the limited extent and the nature of the field surveys undertaken, the conclusions presented in the Natura
  • eplanning_KildareCC_2560083 — refused · Kildare County Council · 22% match
    Townlands of Portgloriam Clonsast Ballybrack Ballyloughlan Farrandum , Clonduff
    Having regard to the significant dearth of information within the Appropriate Assessment Screening and Natura Impact Statement in relation to surveys, habitats and species and the impact of the proposed development on the Rye Water Valley/Carton SAC, Ballynafagh Lake SAC and B
  • cork_county_22/6901 — refused · cork_county · 13% match
    Ballyroe & Dromin Ballyhea Charleville Co.Cork
    The proposed development will result in the direct loss of an area of core foraging habitat Whooper Swan, a Species of Conservation Interest (SCI) of the Kilcolman Bog Special Protection Area (Site Code: 004095). Furthermore, based on the recent information provided to the Pla

Detailed assessment

The NIS must connect the survey effort and species data to a site-integrity conclusion for each Lough Ree SPA qualifying interest.

📄 Source documents

  • NIS (docid 379227) — p.4NIS — check zone of influence, species surveys, hydrological pathways to nearby European sites, and in-combination assessment.Ballymahon Solar Farm Appropriate Assessment Screening and Natura Impact Statement 784-B071661 GP-TEM-006-02 TABLE OF CONTENTS EXECUTIVE SUMMARY ..............................................

Cases cited

PL17-311536, eplanning_KildareCC_2560083, cork_county_22/6901, eplanning_KerryCC_201284

Policy / guidelines cited

none cited

What to watch for

  • Whether six overwintering visits (October–March) capture peak use by Lough Ree SPA waterbird species such as Whooper Swan or Greenland White-fronted Goose.
  • Whether the survey distinguishes between background farmland birds and functionally important use of the parcels by SPA SCI species.
  • Whether species-level 'no likely impact' conclusions are aggregated into a defensible integrity-level conclusion.
Natura Impact Statement lacks parcel-level runoff pathway analysisTier 1HIGH RISKThe NIS admits hydrological connectivity and pollution risk to Lough Ree but relies on an unfinished 'XX km' placeholder and lacks a scientific certainty trace, matching determinative refusal grounds.

📋 Evidence brief — what we found

🎯 Key evidence
the areas of active raised bog are approximately xx km away from the site however they are hydrologically linked to the lake and there is a risk of sediment or chemical pollution on site being washed into the sac and negatively impacting the designated feature. no lse anticipated
— Ballymahon Solar Farm Appropriate Assessment Screening and Natura Impact Statement (docid 379227), Table 2 — Identifying pathways to Likely Significant Effects, Lough Ree SAC active raised bogs [7110]/degraded raised bogs [7120] surface water pollution row.
🗣️ In plain English
Article 6(3) [Art. 6(3), Habitats Directive 92/43/EEC] requires that a project likely to have a significant effect on a Natura 2000 site, individually or in combination with other plans or projects, be subject to appropriate assessment, so the pollution pathway must be assessed rather than simply screened out. The Natura Impact Statement records that the active raised bog areas lie some distance from the site but are hydrologically linked to Lough Ree, and that sediment or chemical pollution from the site could wash into the SAC and damage the designated feature, yet the same row finds no likely significant effect [docid 379227]. The submitted assessment may not adequately address the source-pathway-receptor route from site runoff through the Inny to the lake [docid 379227].
📖 Legal basis
EU Habitats Directive 92/43/EEC Article 6(3), as quoted in the supplied Rowlestown LAP Appropriate Assessment Screening (p.5) and National Planning Framework (p.156): “Any plan or project not directly connected with or necessary to the management of the [Natura 2000] site but likely to have a significant effect thereon, either individually or in combination with other plans or projects, shall be subjected to appropriate assessment of its implications for the site in view of the site’s conservation objectives. ... the competent national authorities shall agree to the plan or project only after having ascertained that it will not adversely affect the integrity of the site concerned.” OPR Practice Note PN01 (p.32) Step 2 sets out the Source-Pathway-Receptor model for screening Natura 2000 sites.
📂 What's on file
  • Updated Hydrology & Hydrogeology (PKF-JBAI-XX-XX-RP-EN-0001-A3-C04-Hydrology_Hydrogeology_Ballymahon, no docid supplied) — Section 3/Table 3-5 records that the River Inny drains into Lough Ree (SAC, SPA, pNHA) and that both are of “Extremely High” importance; it states Lough Ree is “directly downstream of the proposed development via the River Inny and its tributaries” and is “hydrologically connected to the site” (p.9).
  • Ballymahon Solar Farm Appropriate Assessment Screening and Natura Impact Statement (docid 379227) — Table 2 identifies surface water and groundwater pollution as impact pathways and records LSE “Potential significant impact during works” for Lough Ree SAC natural eutrophic lakes [3150], alluvial forests [91E0] and otter [1355]; for active raised bog [7110] and degraded raised bog [7120] it says there is a risk of pollution washed into the SAC yet still concludes “No LSE anticipated” with an “XX km” placeholder.
  • Ballymahon Solar Farm and BESS Preliminary Ecological Appraisal (Conservation Report, no docid supplied) — Section 1.4 states: “There is hydrological connectivity between the site and the Royal Canal, via streams and drainage ditches, which in turn connects to the wider River Shannon system, including designated sites such as Lough Ree SAC and SPA, as well as further designated sites downstream.”
  • EIA Screening Report (docid 379174) — p.39 describes subsoils as “mainly sandstone till… with smaller areas of cutover peat and basic esker sands and gravels” and notes drainage to Lough Ree approximately 12.6 km downstream, but does not identify or integrate a narrow raised-peat band on the north-eastern edge.
  • Environmental Consideration Report (docid 379149) — pp.101–102 states “The Hydrology and Hydrogeology Assessment determines that residual impacts … are expected to be slight and not significant” but does not itself demonstrate a route-specific source-pathway-receptor trace.
❌ What's missing
Present but inadequate because the NIS stops at a high-level screening matrix and does not evidence a parcel-by-parcel Source-Pathway-Receptor analysis tracing site runoff from the on-site pool, culverted tributaries, the OPW arterial drainage channel and local field drains into the River Inny and then Lough Ree. It does not integrate the narrow band of raised peat along the north-eastern edge described in the Shanarc geophysical survey report (Parcel 1, Fields 2 & 3) into that pathway or show whether it intercepts, attenuates or mobilises pollutants. It leaves “XX km” placeholders in the active/degraded raised-bog entries instead of a measured distance, and it does not quantify expected sediment/chemical loads or demonstrate post-mitigation residual risk with scientific certainty.
💡 Why this is wrong
Article 6(3) requires the planning authority to agree to the development only after it has “ascertained” that there will be no adverse effect on the integrity of a Natura 2000 site. The NIS instead records that the raised-bog features are hydrologically linked and that there is a “risk of sediment or chemical pollution on site being washed into the SAC”, then nonetheless concludes “No LSE anticipated” in a row that contains the unfinished value “XX km”. That fails the standard of scientific certainty applied in PL17-311536, where the Board refused because the submitted NIS was not based on best available scientific information and its conclusions could not be relied on with scientific certainty. It also mirrors the precautionary-principle refusal in eplanning_GalwayCC_22590, where direct hydrological connectivity and unresolved surface-water/groundwater concerns meant adverse effects on a European site could not be ruled out. Without a site-specific source-pathway-receptor trace through the local drains, OPW arterial channel, pool, culverted tributary and any narrow raised peat band, the Board cannot lawfully conclude there is no adverse effect on Lough Ree SAC/SPA.
⚠️ Specific deficiency
The applicant’s NIS (docid 379227, Table 2) flags a risk for active raised bogs and degraded raised bogs but resolves it with the unquantified placeholder “XX km” and a bare “No LSE anticipated”, while in the same table the same pollution pathway for natural eutrophic lakes, alluvial forests and otter is scored “LSE – Potential significant impact during works”, with no explanation of why the raised-bog features escape that pathway. The Updated Hydrology & Hydrogeology report records Lough Ree as “directly downstream” and hydrologically connected via the River Inny, but the NIS does not use that information to trace how runoff from each parcel reaches the drains/Inny or to rule out residual effects. The ECR (docid 379149, pp.101–102) simply repeats the hydrology assessment’s conclusion that residual impacts are “expected to be slight and not significant” without a site-specific water-quality pathway demonstration. This is the same inadequacy identified in PL17-311536 (absence of adequate baseline and scientific certainty) and eplanning_KildareCC_2560083 (significant dearth of information in the AA/NIS on impacts on European sites).
⚖️ Risk to address
Refuse permission or require further information because the NIS cannot satisfy Article 6(3): it admits hydrological connectivity and pollution risk to Lough Ree SAC/SPA but traces site runoff through local drains/peat inadequately and excludes adverse effects using an unfinished “XX km” placeholder, contrary to the precautionary principle and the approach in eplanning_GalwayCC_22590 and PL17-311536.
📊 Precedent pattern
2 refusal on a related ground (eplanning_GalwayCC_22590); the other cases listed were refused on other grounds. Too few to establish a pattern.
📖 Relevant legislation / policy
  • Longford County Development Plan 2021-2027 p.391dev plan
    CHAPTER 14: LANDSCAPE CHARCTER
    386 uninhabited islands and the predominantly flat landscape provides for panoramic vistas across the lake at numerous locations. Small hills such as those at Newtowncashel, Cullentra and Rathcline (none of which break the 90m contour line) appear much larger in this context and act as punctuation marks in otherwise homogenous topography. The ar
  • Longford County Development Plan 2021-2027 p.337dev plan
    CHAPTER 12: NATURAL HERITAGE & ENVIRONMENT — 12.5.2 Special Protection Areas (SPAs) These sites are selected for the conservation and protection of birds and their habitats designated under the EU Birds Directive 2009 (2009/147/EC) (first adopted in 1979) and transposed into Irish law by the Conservation of Wild Birds Regulations (SI 291 of 1985). The National Parks and Wildlife Service within the Department of Culture, Heritage and the Gaeltacht identify, evaluate and propose sites for designation. The boundaries of protected areas may change and/or new sites may be proposed for designation during the lifetime of this Plan.
    See Longford County Development Plan 2021-2027, CHAPTER 12: NATURAL HERITAGE & ENVIRONMENT, 12.5.2 Special Protection Areas (SPAs) These sites are selected for the conservation and protection of birds and their habitats designated under the EU Birds Directive 2009 (2009/147/EC) (first adopted in 1979) and transposed into Irish law by the Conservat
  • Longford County Development Plan 2021-2027 p.279dev plan
    CHAPTER 9: RURAL ECONOMY
    conspicuous nature along Lough Ree are considered sensitive in landscape terms, particularly in the context of the generally flat topography and open character of Longford landscapes. The generally upland or elevated location of quarries has the potential for significantly affecting the local landscape by visual intrusion, especially when the devel
  • Longford County Development Plan 2021-2027 p.303dev plan
    CHAPTER 10: TOURISM
    Waterways Map). CPO10.48 Continue to work closely with Fáilte Ireland, Waterways Ireland and neighbouring counties to realise the potential of Lough Ree and the Mid-Shannon region for tourism, taking account of recommendations arising from the Ireland’s Hidden Heartlands ‘Shannon Tourism Masterplan’ and ‘Spirit Level’ and the Longford Tourism Stra
  • OPR Practice Note PN01 — Appropriate Assessment Screening for Development Management (2021) p.32technical guidance
    Sample Case Study 2. — STEP 2. Identification of relevant Natura 2000 sites using Source-Pathway- Receptor model and compilation of information Qualifying Interests and conservation objectives.
    See OPR Practice Note PN01 — Appropriate Assessment Screening for Development Management (2021), Sample Case Study 2., STEP 2. Identification of relevant Natura 2000 sites using Source-Pathway- Receptor model and compilation of information Qualifying Interests and conservation objectives., cited in full above.
📚 Precedent cases
  • eplanning_GalwayCC_22590 — REFUSED · Galway County Council · 32% match
    Mweelin & Pollacappul Eadarguil ,
    The applicant has not included an Appropriate Assessment Screening Report nor an Ecological Impact Assessment. Noting the proximity to a designated site, to the concerns raised in the submission received from the Department, the Planning Authority, based on the site inspectio
  • eplanning_LimerickCC_25105 — refused · — · 6% match
    Wellesley Farm , Dromtrasna Hartnett , Abbeyfeale Co. Limerick.

Detailed assessment

The hydrology evidence records that Lough Ree (SPA, SAC, pNHA) is 4.7 km straight-line but 12.5 km downstream hydrological distance, and that the River Inny 'Drains into Lough Ree (SAC, SPA, pNHA)' (Updated Hydrology & Hydrogeology). The NIS identifies surface water and groundwater pollution as impact pathways. In eplanning_GalwayCC_22590, refusal rested on direct hydrological connectivity and precautionary treatment of surface-water management and groundwater discharge. The assessor should assess whether the NIS's water-quality pathway assessment adequately traces site runoff through local drains to the River Inny and Lough Ree, including the narrow band of raised peat along the north-eastern edge, and whether post-mitigation residual risk is excluded with scientific certainty.

📄 Source documents

  • Other Assessments (docid 379155) — p.10Review this page for evidence related to this finding....ing bats. • Identify if any additional surveys are required to inform this assessment. Note that scientific names are provided at the first mention of each species and common names are used thr
  • Drainage Network Drawings (docid 379220) — p.1Review this page for evidence related to this finding....E GROUND ABOVE. · ROADSIDE DRAINS LIKELY TO CARRY HIGH SEDIMENT LOADS AND MUST DISCHARGE INTO A BUFFER OF ADEQUATE WIDTH. · DRAINS ON THE UPPER SIDE OF THE ROAD MAY NE
  • Plans, Sections, Elevations — p.10Review this page for evidence related to this finding....E GROUND ABOVE. · ROADSIDE DRAINS LIKELY TO CARRY HIGH SEDIMENT LOADS AND MUST DISCHARGE INTO A BUFFER OF ADEQUATE WIDTH. · DRAINS ON THE UPPER SIDE OF THE ROAD MAY NE

Cases cited

eplanning_GalwayCC_22590, eplanning_LimerickCC_25105

Policy / guidelines cited

Appropriate Assessment of Plans and Projects in Ireland — Guidance for Planning Authorities (DEHLG 2009, rev. 2010) / Guidance for Planning Authorities p.2

What to watch for

  • Trace the full surface-water and groundwater pathway from construction compounds, PV arrays and BESS to the River Inny and Lough Ree.
  • Verify attenuation/dilution assumptions and treatment of site geology and the narrow band of raised peat in the NIS water-quality conclusions.
  • Scrutinise whether residual effects after mitigation, not just CEMP commitments, are subject to the integrity test.
Cumulative projects table omits location and pathway detailsTier 1HIGH RISKThe AA/NIS in-combination assessment relies on a bare no-effects statement without transparent pathway/location analysis, which the DEHLG guidance describes as insufficient.

📋 Evidence brief — what we found

🎯 Key evidence
natura impact statement no projects or plans were identified that may have an in-combination effect with
— Ballymahon Solar Farm Appropriate Assessment Screening and Natura Impact Statement (docid 379227), page 8 — 'Natura Impact Statement' section following the Appropriate Assessment Screening Results.
🗣️ In plain English
The NIS lists two projects but then states that it identified no projects or plans that may have an in-combination effect with the solar farm [docid 379227, p.8]. The supplied NIS excerpts do not evidence a transparent mapping of each project’s location, its hydrological pathway to Lough Ree SPA/SAC, construction-phase timing or overlap, or the specific in-combination mechanism, such as combined surface-water or groundwater pollution [docid 379227, p.8]. Article 6(3) of the Habitats Directive (92/43/EEC) requires appropriate assessment where a plan or project is likely to have a significant effect individually or in combination with other plans or projects [Article 6(3), 92/43/EEC]. In practice, the planning authority must assess those combined effects before granting permission.
📖 Legal basis
Article 6(3) of the Habitats Directive (92/43/EEC), as quoted in the National Planning Framework (p.156), requires that any plan or project 'likely to have a significant effect thereon, either individually or in combination with other plans or projects' shall be subject to appropriate assessment. The DEHLG Appropriate Assessment of Plans and Projects in Ireland — Guidance for Planning Authorities (2009 rev. 2010), Section 3, p.34, states: 'The screening report should clearly state what in combination plans and projects have been considered in making the determination in relation to in combination effects. Simply stating that “there are no cumulative impacts” is insufficient.' OPR Practice Note PN01 — Appropriate Assessment Screening for Development Management (2021), p.8, states that the in-combination assessment 'should concentrate on projects/plans that could in fact act in-combination with the current project to affect site conservation objectives' and must examine projects completed, approved but not started/uncompleted, proposed, proposals in adopted plans, and proposals in finalised draft plans.
📂 What's on file
  • Ballymahon Solar Farm Appropriate Assessment Screening and Natura Impact Statement (docid 379227, by Tetra Tech) — The AAS screening identifies likely significant effect pathways to Lough Ree SPA/SAC, including surface water pollution, groundwater pollution, direct mortality, disturbance during construction, habitat fragmentation and damage/loss of foraging habitat. Table 3 lists only two projects — 2460325 (Foigha 130 ha solar farm and energy storage compound) and 02285 (Kepak Longford WWTP discharging into River Inny) — each with a short 'Appropriate Assessment Summary'. Immediately afterwards the NIS states that no in-combination projects or plans were identified.
  • Updated Hydrology & Hydrogeology (no docid supplied) — Its cumulative effects section identifies nearby developments including the 130 ha Foigha solar farm (Longford Planning Ref. 2460325, approx. 1 km west), a 24-turbine wind farm, a peat extraction substitute-consent application, and several residential/hotel schemes, and concludes no significant cumulative hydrology/hydrogeology effects.
  • Other Assessments (docid 379179) — Contains the same hydrology cumulative-effects text, including the 130 ha solar farm and wind/peat projects.
  • Other Assessments (docid 379149) — ECR Ballymahon Solar Farm, section 5.8, says the in-combination review used Longford/Westmeath planning databases and local plans, refers to Table 6-5 as sourced from the Tetra Tech NIS, and repeats the conclusion without independent pathway analysis.
  • Other Assessments (docid 379174) — EIA Screening Report Ballymahon Solar + BESS Farm concludes that the development will not adversely affect Natura 2000 site integrity 'either alone or in combination with other plans or projects', but does not provide a transparent list, mapping or pathway analysis.
❌ What's missing
The NIS includes a table listing two projects, but the supplied excerpts do not evidence a transparent mapping of each project's location relative to the proposed development, its hydrological pathway to Lough Ree SPA/SAC (e.g. via the River Inny or tributaries), construction-phase timing/overlap, or the specific in-combination mechanism (combined surface-water pollution, groundwater pollution, disturbance, habitat fragmentation/foraging loss). The NIS's operative conclusion then reverts to a bare statement. The EIA Screening Report and ECR repeat the 'no adverse effects... alone or in combination' conclusion without independently setting out the locations and pathways. Thus the in-combination analysis is present but inadequate; the transparent list/pathway documentation is not evidenced in the supplied excerpts.
💡 Why this is wrong
The NIS's own screening has identified water-quality and disturbance pathways to Lough Ree SPA/SAC as potentially significant, so the in-combination assessment must actually test whether nearby plans and projects could act together with this development along those pathways. Instead, the NIS falls back to a bare 'No projects or plans were identified...' statement, which is exactly the insufficiency the DEHLG guidance warns against. This is not a minor drafting issue. Although it turned on inadequate baseline survey rather than an in-combination list, in PL17-311536, An Bord Pleanála refused a comparable solar scheme because the NIS was not based on best available scientific information and significant effects on European sites, individually or in combination with other plans/projects, could not be excluded; and in eplanning_KildareCC_2560083, the council refused because of a 'significant dearth of information within the Appropriate Assessment Screening and Natura Impact Statement' concerning surveys, habitats, species and impacts on European sites. The effect here is that the Board cannot lawfully conclude, with objective scientific certainty, that the project will not adversely affect Lough Ree SPA/SAC in combination with other plans and projects.
⚠️ Specific deficiency
The applicant's NIS (docid 379227) does contain a Table 3 listing projects 2460325 and 02285, but each entry only gives an address, description, status and a short 'Appropriate Assessment Summary' repeating that project's own conclusion; it does not map the locations relative to this site or assess combined water-quality/disturbance pathways to Lough Ree. The NIS then states the bare line 'No projects or plans were identified that may have an in-combination effect with', contradicting its own table and failing the DEHLG guidance requirement to clearly state what in-combination plans/projects have been considered. The EIA Screening Report (docid 379174) and ECR (docid 379149) simply repeat 'either alone or in combination with other plans or projects' without curing the missing location/pathway analysis.
⚖️ Risk to address
The Board should refuse permission, or at minimum require a revised NIS, because the current in-combination analysis does not meet the Article 6(3)/DEHLG/OPR standard: it fails to transparently list and assess all in-combination plans/projects, their locations and the water-quality/disturbance pathways to Lough Ree, and instead relies on a bare 'no projects or plans' conclusion.
📊 Precedent pattern
Too few to establish a pattern.
📖 Relevant legislation / policy
📚 Precedent cases
  • PL17-311536 — refused · Meath County Council · 36% match
    Lands Including Rogerstown, Smithstown, Calliaghstown,, Pilltown and Ballymad, D
    It is considered that the submitted Natura Impact Statement is not based on best available scientific information. In the absence of adequate baseline information, including the limited extent and the nature of the field surveys undertaken, the conclusions presented in the Natura
  • eplanning_KildareCC_2560083 — refused · Kildare County Council · 26% match
    Townlands of Portgloriam Clonsast Ballybrack Ballyloughlan Farrandum , Clonduff
    Having regard to the significant dearth of information within the Appropriate Assessment Screening and Natura Impact Statement in relation to surveys, habitats and species and the impact of the proposed development on the Rye Water Valley/Carton SAC, Ballynafagh Lake SAC and B

Detailed assessment

The NIS states: 'No projects or plans were identified that may have an in-combination effect with the Proposed Works' (NIS). The assessor should assess whether this in-combination conclusion is documented by a transparent list of other plans/projects, their locations and pathways, especially water-quality and disturbance pathways to Lough Ree, rather than a bare statement. PL17-311536 and eplanning_KildareCC_2560083 were refused on NIS evidence gaps (limited baseline surveys; a dearth of survey information), a related but not identical deficiency.

📄 Source documents

  • Other Assessments (docid 379163) — p.53Review this page for evidence related to this finding....se, landscape, and other environmental studies, have concluded that the Project will not result in significant adverse effects on population and human health, biodiversity, aquatic ecology, soils
  • Other Assessments (docid 379174) — p.74Review this page for evidence related to this finding....g, with attenuation measures to prevent increased runoff. Following mitigation as per the CEMP, no significant water-related effects are expected. No cumulative water impacts from other developm
  • Other Assessments (docid 379163) — p.45Review this page for evidence related to this finding....rategies. While this framework has not yet been published, projects such as Ballymahon Solar Farm demonstrate how renewable energy, including solar photovoltaic generation, can be deployed in su

Cases cited

PL17-311536, eplanning_KildareCC_2560083

Policy / guidelines cited

Appropriate Assessment of Plans and Projects in Ireland — Guidance for Planning Authorities (DEHLG 2009, rev. 2010) / Guidance for Planning Authorities p.2

What to watch for

  • Verify the NIS in-combination assessment identifies other approved or proposed solar, BESS, road, drainage, wind and agricultural plans in the same catchment.
  • Scrutinise cumulative water-quality and disturbance pathways to Lough Ree, not just physical overlap.
  • Ensure the NIS provides a transparent matrix or site listing rather than a single conclusory sentence.
No evidence of completed pre-determination test trenchingTier 1HIGH RISKThe application lacks completed pre-determination test trenching despite identified geophysical features, so the archaeological potential of the site has not been tested before a decision.

📋 Evidence brief — what we found

🎯 Key evidence
it is respectfully submitted that undertaking a programme of archaeological test trenching prior to the determination of the planning application would not be proportionate in this instance
— Further Information Response - Ballymahon Solar + BESS (within 'Other Assessments'; docid not supplied in the input excerpt), page 9 of 42 — response to Further Information Request Item (b)
🗣️ In plain English
The applicant submits pre-determination test trenching would not be proportionate [Further Information Response, p.9]. The Sustainable Rural Housing Development Guidelines, p.54, make a pre-decision evaluation reasonable where important archaeological remains may exist [Guidelines, p.54].
📖 Legal basis
The Sustainable Rural Housing Development Guidelines, Planning Guidelines, p.54, state: 'Where early discussions with local planning authorities, or the developer's own research, indicate that important archaeological remains may exist, it is reasonable for the planning authority to request the prospective developer to arrange for an evaluation to be carried out before any decision on the planning application is taken. This sort of evaluation is quite distinct from full archaeological excavation. It is normally a rapid and inexpensive operation, involving ground survey and small-scale trial trenching...' Longford County Development Plan 2021-2027, DMS16.197 (p.454), states: 'A preliminary archaeological investigation by a licensed archaeologist will normally be required where a proposed development would result in significant ground disturbance within a Zone of Archaeological Potential.' DMS16.198 says a comprehensive archaeological report will normally be required. OPR Practice Note PN03, C.3 (p.38), provides a sample post-permission pre-development archaeological testing condition, but that is a post-consent condition and does not replace the pre-decision evaluation contemplated by the guidance and development plan policy. These guidelines are written for rural housing and are cited here only by analogy.
📂 What's on file
  • Further Information Response - Ballymahon Solar + BESS (within 'Other Assessments'; docid not supplied in excerpt, pp.9–10 of 42) — responds to Further Information Request item (b), which sought a full geophysical survey and programme of intensive test excavations. The applicant expressly resists pre-determination trenching as 'not proportionate' and proposes post-consent conditioned test excavation.
  • Test-Excavation at Ballymahon Solar Farm and BESS Method Statement (Shanarc Archaeology Ltd., February 2026, within 'Other Assessments') — describes proposed 'Testing Phase 1' targeted on geophysical anomalies and states further 'Phase 2' testing will be submitted separately at a later date; no completed trench results are presented.
  • Geophysical Survey Report (docid 379146, Shanarc Archaeology Ltd., pp.80–81) — identifies 22 additional features of particular interest, primarily enclosures and ring-ditches, and recommends targeted test excavation of potential pit-type features plus licensed archaeological monitoring.
  • Archaeological Assessment (docid 386925, Shanarc Archaeology Ltd., pp.6–7) — recommends avoidance buffers, preservation in situ, monitoring, recording of stone walls/vernacular house, and assessment during detailed design; mitigation schedule is in Section 5.4.
❌ What's missing
Instead, the Test-Excavation Method Statement treats trenching as future work ('Testing Phase 1' proposed, with Phase 2 deferred). That leaves the Board without completed investigative results to test the geophysical anomalies — including the 22 features of interest identified by the applicant's own survey — or to confirm/refute the presence of subsurface archaeology across a 111.1 ha multi-parcel site.
💡 Why this is wrong
The applicant is asking the Board to approve a large solar farm without the intrusive archaeological evaluation that national guidance and local development plan policy indicate should normally happen before decision where important remains may exist. The Sustainable Rural Housing Development Guidelines say such an evaluation is normally rapid and inexpensive and should be carried out before any decision; Longford's Development Plan likewise indicates a preliminary archaeological investigation will normally be required in Zones of Archaeological Potential. Here the applicant's own geophysical survey identified 22 features of interest and recommended targeted test excavation, but the submitted method statement proposes only Phase 1 targeted testing (not carried out before decision), with Phase 2 for the remainder of the site left to a later separate application, and the Further Information Response expressly refuses pre-determination trenching. This creates a real risk of deciding on unrecorded subsurface archaeology in ignorance; A conditioned post-consent testing requirement based on OPR PN03 C.3 is not a substitute for having sufficient information at the time of the decision.
⚠️ Specific deficiency
The Geophysical Survey Report (docid 379146, p.80) itself recommends targeted test excavation of potential pit-type features, but the submitted material does not evidence that this was carried out before determination. Instead of presenting completed investigative results, the applicant proposed a post-consent archaeological condition (comparable to the OPR PN03 sample condition for testing after permission), which is not a pre-decision archaeological evaluation.
📊 Precedent pattern
No comparable refusal on this ground that the appeal board upheld was confirmed; the point rests on the application documents.
📖 Relevant legislation / policy
  • sustainable rural housing development guidelines p.54s28 guideline
    Planning Guidelines
    See sustainable rural housing development guidelines, Planning Guidelines, cited in full above.
  • Draft Revised Wind Energy Development Guidelines (2019) p.66s28 guideline
    CHAPTER 5 CONSIDERING AN APPLICATION FOR WIND ENERGY DEVELOPMENT — 5.5 ARCHAEOLOGY
    Archaeological heritage encompasses designated and unknown archaeological heritage including entries to the Record of Monuments and Places, underwater archaeology, entries to the Northern Ireland Sites and Monuments Record and Northern Ireland Areas of Significant Archaeological Interest and Archaeological Potential. Also encompassed are intervisib
  • OPR Practice Note PN03 — Planning Conditions (October 2022) p.38technical guidance
    See OPR Practice Note PN03 — Planning Conditions (October 2022), , cited in full above.

Detailed assessment

The submitted archaeological material indicates that pre-determination test excavation has not been completed and is expressly resisted by the applicant: "It is respectfully submitted that undertaking a programme of archaeological test trenching prior to the determination of the planning application would not be proportionate in this instance". The test-excavation method statement is framed around "Indicative test-trench array for a potential testing Phase 2" rather than completed investigative results.

📄 Source documents

  • Archaeology Report (docid 379148) — p.88Review this page for evidence related to this finding....Figure 6). It must be noted that there is still a moderate risk of direct impact to any potential unrecorded sub-surface archaeology across Parcel 1, which may or may not be related to the recor
  • Other Assessments (docid 379174) — p.55Review this page for evidence related to this finding....go a detailed geophysical survey to map the extents of known monuments and identify any previously unrecorded sub-surface features. A pre-development geophysical survey has been commissioned, wit
  • NIS (docid 379227) — p.20Review this page for evidence related to this finding....10) This report relates to Stage 1 and Stage 2. As discussed in Section 1.4.1, only the public authority can prepare an AA. This report provides the required information in the form of a NIS,

Cases cited

none cited

Policy / guidelines cited

none cited

What to watch for

  • Whether the method statement commits only to pre-commencement testing rather than pre-decision testing, and whether that sequence is acceptable given the recorded monuments, esker and geophysical anomalies on site.
  • Whether the archaeological impact assessment grades unauthenticated geophysical anomalies and assigns precautionary buffers or exclusions to each.
  • Whether the planning authority will require a further information response or condition requiring targeted test excavation before determination.
Bawn complex and esker: adequacy of 20m buffer and test-excavation resolution to be verifiedTier 1HIGH RISKThe archaeological strategy defers resolution of bawn complex, esker burial-risk ground and geophysical anomalies; no upheld refusal on this ground is confirmed.

📋 Evidence brief — what we found

🎯 Key evidence
the remains of the complex comprise ruinous rubble built stone walls relating to the bawn, with remains of an external ditch particularly visible on the west side of the bawn wall south of a circular stone tower, which survives in the northwest corner of the bawn (plates 8&9). low, stone-built wall remains of a rectangular plan structure, recorded on the 25-inch os map, abuts the south side of the bawn wall; remains survive to a maximum height of 0.30m, with wall width measuring 0.65m-0.70m (plate 10).
— Archaeology Report (docid 379148), page 57 — Section 'Southern Block, Parcel 3'.
🗣️ In plain English
The Longford County Development Plan 2021-2027, Chapter 14 (p.389), records that this landscape area has a particularly high concentration of archaeological heritage, making archaeological impact a material consideration here [Longford County Development Plan 2021-2027, Ch.14, p.389]. OPR Practice Note PN03 (p.40) gives best-practice sample condition C.6 for cases where an AIA/UAIA or EIAR identifies a tailored mitigation strategy [OPR Practice Note PN03, p.40]. In practice, this means the decision-maker must treat archaeological impact as material and can attach the PN03 mitigation condition where the assessment identifies a tailored strategy.
📖 Legal basis
The Longford County Development Plan 2021-2027, Chapter 14 (p.389), records that this landscape area has a particularly high concentration of archaeological heritage, making archaeological impact a material consideration here. OPR Practice Note PN03 (p.40) gives best-practice sample condition C.6 for cases where an AIA/UAIA or EIAR identifies a tailored mitigation strategy: all mitigation measures must be implemented in full and a final archaeological report furnished to the planning authority and National Monuments Service. The implicit corollary is that the submitted mitigation must be specific and resolved enough to be capable of full implementation. No more specific statutory or guideline requirement is established from the available sources.
📂 What's on file
  • Archaeology Report (docid 379148) — 'Ballymahon Solar Farm and BESS, Co. Longford Archaeological Assessment' by Shanarc Archaeology Ltd (08.04.2025). It identifies and describes the bawn (LF022-072002-), circular tower, associated 17th-century house/formal garden complex, enclosure LF023-049----, burial ground LF023-050----, the esker ridge, raised circular platform, embankments and lazy-bed cultivation. The included pages show site inspection Plates 8-18 and Figures, but do not contain the full mitigation/schedule section in the supplied excerpts.
  • F I Received Doc (docid 386925) — duplicate of the same Archaeological Assessment, with later received stamp 01/04/2026. It repeats the same descriptions of Parcel 3 and the bawn complex; no additional archaeological resolution is evidenced in the supplied pages.
  • Other Assessments (docid 379146) — '25R0341 - Geophysical Survey Report' by Shanarc Archaeology Ltd. It presents interpretative magnetometry survey data for Parcel 3 and Parcel 2. Its key and feature list identify 'Potential Archaeology', 'SMR/RMP Site', 'Zone of Notification', and specific anomalies labelled Q = Possible enclosure or structure, S = Ring-ditch, T = Possible enclosure or structure, alongside the recorded bawn and designed landscape features.
❌ What's missing
Not evidenced in the supplied excerpts: a bawn-specific mitigation measure that ties the 20m non-development buffer specifically to the bawn wall, its external ditch, the full Zone of Notification, and the esker burial-potential ground. The Test-Excavation Method Statement (Testing Phase 1) proposes 199 targeted trenches on geophysical anomalies, but the supplied pages do not evidence which of the anomalies labelled 'Potential Archaeology', 'Possible enclosure or structure', 'Ring-ditch' or 'Field System' fall in Phase 1 rather than the deferred Phase 2, or how micro-siting will avoid the esker and burial-ground setting. The issue is not that an archaeological assessment or geophysical survey is missing, but that the submitted strategy appears generic — avoidance plus deferred targeted test excavation — rather than a resolved, condition-ready scheme for this particular monument complex.
💡 Why this is wrong
The applicant's own report shows that the bawn is not a simple point feature but a ruinous complex with an external ditch, a circular tower, a rectangular structure abutting the south wall, and associated stock-damaged walls radiating from it. The 20m buffer on newly identified features, together with avoidance of recorded monuments and Zones of Notification, is not shown to protect that entire monument complex, especially where the geophysical survey itself shows unresolved possible enclosures, a ring-ditch and field systems. The decision must be made in accordance with proper planning and sustainable development, and Longford's plan recognises this landscape's high archaeological heritage concentration. If the Board grants permission without requiring those anomalies and burial-risk areas to be resolved through licensed test excavation before determination, it risks failing to properly weigh a material archaeological consideration.
⚠️ Specific deficiency
The applicant's Archaeological Assessment (docid 379148, p.57) describes the bawn wall as 'ruinous rubble built stone walls' with an 'external ditch particularly visible on the west side of the bawn wall south of a circular stone tower', but its submitted strategy relies on a generic 20m non-development buffer and recommends that geophysical anomalies outside the buffer zones be subject to targeted test excavation. The geophysical survey (docid 379146) labels unresolved features Q = 'Possible enclosure or structure', S = 'Ring-ditch' and T = 'Possible enclosure or structure', and shows a 'Zone of Notification', yet the supplied excerpts do not evidence that these specific features and the esker burial-potential ground are resolved before ground-disturbing works.
⚖️ Risk to address
Refuse permission or require a pre-commencement condition that no ground-disturbing works shall take place within the bawn complex, its Zone of Notification, the esker ridge or any unresolved geophysical anomaly until a licensed targeted archaeological test excavation and micro-siting scheme, agreed with the National Monuments Service, has been submitted to and approved by the planning authority.
📊 Precedent pattern
No comparable refusal on this ground that the appeal board upheld was confirmed; the point rests on the application documents.
📖 Relevant legislation / policy
  • Longford County Development Plan 2021-2027 p.389dev plan
    CHAPTER 14: LANDSCAPE CHARCTER
    t the Baker, are predominantly located within the town where their scale is contained, and their landscape influence is minimal. The Roadstone Quarry at Moyne exerts a considerable landscape influence over Lough Naback, however, this serves to lessen the influence of the pylons and associated 110kv overhead wiring traversing the unit from east to
  • Draft Revised Wind Energy Development Guidelines (2019) p.66s28 guideline
    CHAPTER 5 CONSIDERING AN APPLICATION FOR WIND ENERGY DEVELOPMENT — 5.5 ARCHAEOLOGY
    See Draft Revised Wind Energy Development Guidelines (2019), CHAPTER 5 CONSIDERING AN APPLICATION FOR WIND ENERGY DEVELOPMENT, 5.5 ARCHAEOLOGY, cited in full above.
  • OPR Practice Note PN03 — Planning Conditions (October 2022) p.40technical guidance
     — x
    See OPR Practice Note PN03 — Planning Conditions (October 2022), , x, cited in full above.

Detailed assessment

Known archaeological receptors include a recorded bawn wall with circular tower on an elevated ridge within Parcel 3, a recorded enclosure (LF023-049) in Parcel 1, a standing stone c.40m outside a parcel boundary, and a glacial esker ridge that, per the assessment, "may have been a focus of past human activity, possibly as early as the Bronze Age; eskers can contain burials". The submitted strategy relies on avoidance and a 20m non-development buffer around definite and potential archaeological features, and states that "Where geophysical anomalies fall outside established buffer zones, it is recommended that these be subject to targeted archaeological test excavation to determine their nature and significance." The assessor should verify whether the 20m buffer and recorded-monument avoidance are adequate to protect the bawn wall and its Zone of Notification, and whether esker areas with burial potential or unresolved geophysical anomalies are specifically targeted for archaeological resolution before any ground-disturbing works.

📄 Source documents

  • Archaeology Report (docid 379148) — p.12Review this page for evidence related to this finding....0-500 BC). In line with archaeological best practice, recorded monuments and designated Zones of Notification have been avoided. Mostof the definite and potential archaeological features identi
  • F I Received Doc (docid 386925) — p.13Review this page for evidence related to this finding....0-500 BC). In line with archaeological best practice, recorded monuments and designated Zones of Notification have been avoided. Most of the definite and potential archaeological features ident
  • Archaeology Report (docid 379148) — p.87Review this page for evidence related to this finding....RMP records an enclosure (LF023-049----) at the north of the parcel in Field 2, while the Zone of Notification for a burial ground (LF023-050----) recorded outside the northeastern boundaryof th

Cases cited

none cited

Policy / guidelines cited

none cited

What to watch for

  • Whether the 20m buffer is informed by the Zone of Notification and by the bawn wall's setting and intervisibility, not only by the feature's footprint.
  • Whether the esker ridge and Parcel 1 anomalies are treated as high-risk areas for unrecorded burials and subject to targeted test excavation or preservation in situ.
  • Whether cable trenching, access tracks, security fencing or construction compound works could intrude into protective buffers or Zones of Notification.
No pre-felling bat check for T21 or T23Tier 1HIGH RISKThe analysis identifies an unsupported ecological conclusion—no pre-felling bat-specialist check for PRF-I trees in the footprint.

📋 Evidence brief — what we found

🎯 Key evidence
tree in footprint of access route and adjacent to proposed bess location. under current proposals there is potential for impacts to this tree for access routes. prf-i trees do not require further survey and, should the tree be removed, mitigation is limited to provision of additional bat boxes on retained trees in the area.
— Other Assessments (docid 379155), p.20 — Section 4.1 Recommendations, Tree T21
🗣️ In plain English
The bat survey did not properly check trees that might be removed for the solar and battery site. T21 lies in the access-route footprint and adjacent to the BESS, and T23 is in proximity to the BESS compound. The survey says bats could use them, but it does not require a bat specialist to inspect them before felling — it only says add bat boxes if they are removed. The Bat Conservation Ireland Wind Turbine/Wind Farm Bat Survey Guidelines advise that removing trees identified as potential or confirmed bat roosts should follow best practice under a qualified bat worker [v2.8, 2012, p.9]. The bat-box-only response therefore does not meet the supervision standard. No pre-felling, tree-specific bat-specialist check for T21 or T23 appears in the excerpts. These wind-farm guidelines are cited only by analogy: they are written for wind farms, not solar farms.
📖 Legal basis
The Bat Conservation Ireland Wind Turbine/Wind Farm Bat Survey Guidelines (v2.8, 2012, p.9) advise that 'the removal of mature trees and buildings identified as potential/confirmed bat roosts should be treated in line with best practice under the supervision of a qualified bat worker.' The same guidelines (p.5) note that destruction, alteration or evacuation of a known bat roost is a notifiable action and may require a derogation licence under the Habitats Regulations 1997. The NPWS Bat Mitigation Guidelines for Ireland (IWM 134 2022, Appendix 1, pp.67–68) set out that a bat survey/assessment report should include field survey, results, interpretation/evaluation, impact assessment and mitigation. These are advisory, not binding, but they are material considerations, which requires decisions to accord with the proper planning and sustainable development of the area. No more specific binding statutory requirement is established from the available sources. These wind-farm guidelines are cited only by analogy: they are written for wind farms, not solar farms.
📂 What's on file
  • Other Assessments (docid 379155, pp.19–21) — 'Bats - Preliminary Roost Assessment' identifies T21 and T23 as PRF-I trees within or adjacent to the access route/BESS footprint, records 'potential for impacts', yet states PRF-I trees do not require further survey and that mitigation is limited to additional bat boxes.
  • Conservation Report (Bats - Preliminary Roost Assessment and Ground Level Tree Assessment, pp.11–12 and 20–21) — gives tree-specific GLTA results; T21 and T23 are 'Avoidance or Mitigation Required', and for T21 it relies on the client's statement that the tree will not be impacted despite proximity to the access route.
❌ What's missing
The supplied excerpts do not evidence any pre-felling, tree-specific bat-specialist check for T21 or T23 if either is removed. The blanket PRF-I 'no further survey' recommendation is inadequate because those trees are not simply retained in all scenarios; the documents themselves place T21 in the footprint of the access route and adjacent to the BESS, and T23 in proximity to the BESS compound. If 'current proposals' change or the client's avoidance statement proves inaccurate, the only fallback is 'additional bat boxes' — there is no committed specialist inspection before cutting, which is the precautionary measure required for a potential roost.
💡 Why this is wrong
The applicant's own PRA identifies T21/T23 as PRF-I within the access/BESS footprint and acknowledges 'potential for impacts', but then concludes no further survey is needed and bat boxes will suffice if removed. This is an ecological conclusion that rests on a ground-level classification. A ground-level PRF-I classification cannot reliably exclude a bat roost in a mature tree, especially where the tree is in the footprint; the precautionary best-practice response is a bat-specialist check immediately before felling, not a deferred 'further assessment if proposals change' and not simply bat boxes.
⚠️ Specific deficiency
The PRA author treated 'PRF-I' as a no-survey category even where the same table records 'Under current proposals there is potential for impacts to this tree'. The Conservation Report repeats the avoidance assertion for T21 ('Client has stated this tree will not be impacted, access route within close proximity but will avoid and not impact this tree') but does not convert that into an enforceable pre-felling check; it likewise leaves T23 as 'Avoidance or Mitigation Required' with no identified mitigation beyond bat boxes. The assessment therefore substitutes a client-side avoidance statement and a generic compensation measure for the qualified bat worker inspection that the guidance contemplates for potential roost trees proposed for removal.
⚖️ Risk to address
Argue that the bat roost assessment is inadequate because it exempts PRF-I trees T21 and T23 from further survey even though the PRA itself places them in the access/BESS footprint with potential for impacts; ABP should require a pre-felling bat-specialist inspection and any necessary derogation licence before any tree removal.
📊 Precedent pattern
No directly comparable precedent confirmed in corpus — legal basis stands independently.
📖 Relevant legislation / policy
  • NPWS Bat Mitigation Guidelines for Ireland (IWM) p.76technical guidance
    Appendix 1 Recommended Bat Survey and Mitigation Report Structure
    C1 Pre-existing information on species at survey site C2 Status of the species in the local/regional area C3 Objective(s) of survey C4 Survey area C5 Habitat description [based on daytime visit(s); to include the roost and surrounding area for context] C6 Field survey IWM 134 (2022) Bat Mitigation Guidelines 67 C6.1 Methods C6.2 Timing C6.3
  • NPWS Bat Mitigation Guidelines for Ireland (IWM) p.39technical guidance
    Appendix 1 Recommended Bat Survey and Mitigation Report Structure ............................................. 66 — 5.6.2 Inspection of trees
    Surveying trees presents particular problems at any time of the year as bats will use a wide variety of roost sites in cavities, splits, cracks, knotholes and under loose bark, many of which are not easily detected from the ground. A careful survey using high-quality binoculars may pinpoint potential or actual roost sites and some species, most
  • NPWS Bat Mitigation Guidelines for Ireland (IWM) p.50technical guidance
    Appendix 1 Recommended Bat Survey and Mitigation Report Structure ............................................. 66 — 6.2.2 Roost modification
    Modifications to roost sites, which includes the construction of new entrances, the reduction of roost space available to the bats, changes to ventilation and air-flow etc., can have a significant impact on the bats’ use of the roost and thus damage it Mackintosh (2016). In some cases, roosts can be carefully adapted and altered to create new en
  • NPWS Bat Mitigation Guidelines for Ireland (IWM) p.63technical guidance
    Appendix 1 Recommended Bat Survey and Mitigation Report Structure ............................................. 66 — 8.4 Incorporating existing roosts into refurbished buildings
    Projects such as the refurbishment of derelict or semi-derelict buildings, barn conversions, alterations to non-domestic premises, including churches, or other structures used by bats can all provide opportunities to incorporate existing roosts into the final structure. This option is generally to be preferred to the destruction of an existing roos
  • NPWS Bat Mitigation Guidelines for Ireland (IWM) p.18technical guidance
    Appendix 1 Recommended Bat Survey and Mitigation Report Structure ............................................. 66 — 2.2.2 When is a licence required?
    while bats are not present and the access points and roosting area are not affected; ● Remedial timber treatment, carried out with the correct (non-toxic to bats) chemicals while bats are not present.

Detailed assessment

The sampled Bat Preliminary Roost Assessment records that PRF-I tree T21 lies in the footprint of the access route and adjacent to the proposed BESS (T23 is noted as in proximity to the BESS compound) and that there is "potential for impacts to this tree", yet it also states "PRF-I trees do not require further survey and, should the tree be removed, mitigation is limited to provision of additional bat boxes on retained trees in the area" (Other Assessments, p.20). The NPWS Bat Mitigation Guidelines emphasise that tree cavities are used unpredictably and are difficult to confirm from ground inspection. The assessor should verify whether the PRA's PRF-I recommendation is an adequate substitute for a pre-felling bat-specialist check for any tree that may ultimately be removed, particularly T21 and T23.

📄 Source documents

  • Conservation Report — p.54Review this page for evidence related to this finding....nd, hedgerows or grassland on or adjacent to site. RECEIVED: 01/04/2026 Longford County Council - Inspection Purposes Only
  • Other Assessments (docid 379155) — p.24Review this page for evidence related to this finding....not require further survey and, should the tree be removed, mitigation is limited to provision of additional bat boxes on retained trees in the area. T2 (214458E, 262131N) Located in Site 1 F
  • Other Assessments (docid 379155) — p.25Review this page for evidence related to this finding....not require further survey and, should the tree be removed, mitigation is limited to provision of additional bat boxes on retained trees in the area. T9 (214234E, 259758N) W3W /// opens.paragr

Cases cited

none cited

Policy / guidelines cited

NPWS Bat Mitigation Guidelines for Ireland (IWM) / Appendix 1 Recommended Bat Survey and Mitigation Report Structure p.76

What to watch for

  • Whether PRF-I trees with current-impact potential are subject to a pre-felling bat-specialist inspection rather than bat-box compensation alone.
  • Whether FAR trees with potential impacts (e.g. T6) receive emergence surveys before any works affecting them are authorised.
  • Whether 'mitigation by avoidance' remains enforceable under post-permission layout changes.
  • Whether any felling is timed to avoid periods when bats are most likely present.
Bat roost recommendations not shown to be enforceable in CEMP or BMPTier 1HIGH RISKThe applicant's bat assessment defers tree-related roost impacts, and the supplied material does not show the recommendations adopted as enforceable CEMP or Biodiversity Management Plan measures.

📋 Evidence brief — what we found

🎯 Key evidence
outside scope of current application: based on communications with the client on 25/03/2026, it has been outlined that several trees lie in proximity to the indicative locations for the loop-in connection and substation (future expansion). the client has advised that these design elements do not form part of the current planning application, and therefore tree impacts associated with these features are outside the scope of this submission.
— Other Assessments (docid 379155), Ballymahon Solar Farm and BESS Bats - Preliminary Roost Assessment and Ground Level Tree Assessment, p.17 — Section 4.1.2 Trees
🗣️ In plain English
The NPWS Bat Mitigation Guidelines for Ireland [IWM 134, 2022, p.76] set out a recommended survey and mitigation report structure; the Bat Conservation Ireland Wind Turbine/Wind Farm Bat Survey Guidelines [v2.8, 2012, p.9] advise on removal of mature trees and buildings identified as potential or confirmed roosts. In practice, tree removal affecting bat roosts needs documented survey and mitigation. These wind-farm guidelines are cited only by analogy: they are written for wind farms, not solar farms.
📖 Legal basis
The NPWS Bat Mitigation Guidelines for Ireland (IWM 134, 2022, p.76) set out a recommended bat survey and mitigation report structure, including C6 Field survey, D Impact assessment and F Mitigation and compensation; and the Bat Conservation Ireland Wind Turbine/Wind Farm Bat Survey Guidelines (v2.8, 2012, p.9) advise that 'The removal of mature trees and buildings identified as potential/confirmed bat roosts should be treated in line with best practice under the supervision of a qualified bat worker.' These are material considerations but are not a statutory trigger; no more specific statutory requirement is established from the available sources. These wind-farm guidelines are cited only by analogy: they are written for wind farms, not solar farms.
📂 What's on file
  • Conservation Report / Ecological Survey for Birds (March 2026, 794-NI-PLE-03028XX) — records overwintering bird surveys and concludes, at p.10, that 'The Proposed Development would not have any likely impact on overwintering Goldcrest' and similarly for overwintering Sparrowhawk. These conclusions address only overwintering status for those two species and do not demonstrate integration of the wider bat roost or breeding-bird assessment.
  • Other Assessments (docid 379155) — Ballymahon Solar Farm and BESS Bats - Preliminary Roost Assessment and Ground Level Tree Assessment (784-B071661 GP-TEM-006-02, pp.17-20) — identifies trees with bat roost suitability and sets out Tree-specific recommendations in Table 9. It scopes out future-expansion tree impacts and leaves several trees subject to 'further assessment' or compensation only if they are impacted.
  • Other Assessments (docid 379155), p.17 — section 4.1.2 Trees — states that specific trees near future loop-in connection and substation expansion are outside the scope of the current application and will be considered only in a future application.
❌ What's missing
The supplied excerpts do not evidence that the Preliminary Roost Assessment recommendations are adopted as enforceable CEMP or Biodiversity Management Plan measures. The Conservation Report only shows overwintering conclusions for Goldcrest and Sparrowhawk; there is no demonstrated breeding-season or site-specific bat emergence survey coverage in the supplied material. In the revised (01/04/2026) assessment, Table 9 identifies T6 and T25 (access route intersects treeline) as the trees with potential to be impacted by the current design, with T3, T4, T5, T7 and T10 scoped out as future-expansion trees, but the file does not show that these impacts are resolved through binding avoidance, pre-commencement survey, or secured compensation before a decision is made.
💡 Why this is wrong
The applicant's own bat report defers or excludes tree-related bat impacts from the current decision. If those trees are later removed or impacted, the report says further assessment will 'be required' or compensation 'recommended'—but that is not the same as an enforceable pre-commencement commitment. Here the bird report's overwintering Goldcrest/Sparrowhawk conclusions do not cure that; they say nothing about breeding-season or bat roost use, so, on the supplied excerpts, the broader ecological assessment is not shown to be comprehensive.
⚠️ Specific deficiency
The applicant submitted a Preliminary Roost Assessment that identifies trees with potential impacts, yet the revised Table 9 lists T6 and T25 as 'FAR (Further assessment required) - Avoidance or Further assessment required' because the access route intersects the treeline. Separately, the revised PRA (further information, 01/04/2026) explicitly scopes out future-expansion tree impacts as 'outside the scope of this submission.' The Conservation Report, at p.10, then concludes only that there would be no likely impact on overwintering Goldcrest and Sparrowhawk, leaving the bat roost and breeding-season integration unverified.
⚖️ Risk to address
Argue that the bat roost assessment is not adequately integrated or secured, because the applicant's own Preliminary Roost Assessment scopes out future-expansion trees and leaves key trees to be assessed only if the design changes; ask the planning authority to refuse permission or require pre-commencement bat emergence surveys and enforceable tree-retention/compensation measures before any works begin.
📊 Precedent pattern
Too few to establish a pattern.
📖 Relevant legislation / policy
  • NPWS Bat Mitigation Guidelines for Ireland (IWM) p.76technical guidance
    Appendix 1 Recommended Bat Survey and Mitigation Report Structure
    See NPWS Bat Mitigation Guidelines for Ireland (IWM), Appendix 1 Recommended Bat Survey and Mitigation Report Structure, cited in full above.
  • NPWS Bat Mitigation Guidelines for Ireland (IWM) p.50technical guidance
    Appendix 1 Recommended Bat Survey and Mitigation Report Structure ............................................. 66 — 6.2.3 Roost loss
    The impact of the loss of roosts on bat populations is poorly understood and difficult to study, though it is believed to be an important factor in the decline of bat populations generally. For some species which are known to move between roosts, and which rely less heavily on sites with special characteristics, the loss of a single maternity or
  • NPWS Bat Mitigation Guidelines for Ireland (IWM) p.43technical guidance
    Appendix 1 Recommended Bat Survey and Mitigation Report Structure ............................................. 66 — 5.7.1 Presence/absence surveys
    importance of the building/structure for bats and to allow for appropriate mitigation measures to be developed. Figure 12 Derelict building with bat potential. [Photograph: Conor Kelleher] 5.7.1.2 Trees Except in the simplest cases, it is extremely difficult to survey trees and be certain that any bat roosts have been detected. Tree cavities (
  • NPWS Bat Mitigation Guidelines for Ireland (IWM) p.19technical guidance
    Appendix 1 Recommended Bat Survey and Mitigation Report Structure ............................................. 66 — 2.2.3 Actions affecting Special Areas of Conservation (SACs)
    Special Areas of Conservation (SACs) are designated under the Habitats Directive to provide protection to habitats listed in Annex I and species listed in Annex II of the Directive. The lesser horseshoe bat is the only Irish bat listed in Annex II of the Directive and 41 SACs have been designated for its protection. Regulation 28 of the Habitats
  • NPWS Bat Mitigation Guidelines for Ireland (IWM) p.68technical guidance
    Appendix 1 Recommended Bat Survey and Mitigation Report Structure ............................................. 66 — 8.5.3 Bat houses or ‘bat barns’
    Where a careful appraisal of the options indicate it is not feasible to maintain roosts in situ, purpose built bat houses or bat barns may be considered as an alternative. In view of the limited experience of the use of this compensation technique, it is essential that the risks of non-adoption by bats are minimised through careful design and site
📚 Precedent cases

Detailed assessment

The sampled Conservation Report states "The Proposed Development would not have any likely impact on overwintering Goldcrest" and similarly for Sparrowhawk (Conservation Report, p.10). That settles only an overwintering-impact conclusion for those two species; it does not by itself demonstrate that the broader Ecological Impact Assessment/Biodiversity Management Plan adequately integrates the bat roost assessment, bird-survey coverage and mitigation/enhancement commitments. The revised Preliminary Roost Assessment (further information, received 01/04/2026) lists T6 and T25 in Table 9 as 'FAR (Further assessment required) - Avoidance or Further assessment required' because the access route intersects the treeline, and states that tree impacts associated with the loop-in connection and substation (future expansion) 'are outside the scope of this submission'. The assessor should verify whether this application's Ecological Impact Assessment is equally comprehensive for breeding-season and site-specific assemblages, and whether bat/roost recommendations from the Preliminary Roost Assessment are adopted as enforceable CEMP or Biodiversity Management Plan measures.

📄 Source documents

  • Other Assessments (docid 379157) — p.19Review this page for evidence related to this finding....t potential impacts to smooth newts and their habitat and should be submitted as part of a Species Conservation Plan with the planning application. This plan should detail survey results, habitat
  • Conservation Report — p.5Review this page for evidence related to this finding....ion 1.1 RPS TT was commissioned by BNRG Ballymahon Limited to undertake an Ecological Survey for Overwintering Birds at lands near Ballymahon, County Longford. BNRG Ballymahon Limited propose t
  • Conservation Report — p.11Review this page for evidence related to this finding....(dated 17 December 2025) in relation to ornithology: 4.1.1 Lack of non-breeding period data An overwintering bird survey campaign, to monitor the site for all bird species but in particular SCI

Cases cited

eplanning_LimerickCC_25105, eplanning_KildareCC_2560083

Policy / guidelines cited

none cited

What to watch for

  • Whether bird survey effort covers breeding season and sensitive local species, not only overwintering passerines.
  • Whether bat roost/foraging/commuting route mitigation is embedded in the Biodiversity Management Plan and CEMP.
  • Whether the Ecological Impact Assessment reconciles Table 9 bat tree outcomes with the biodiversity enhancement measures.
  • Whether any red/amber-listed birds or bats trigger pre-construction nesting/roost checks.
Further roost surveys deferred for FAR and PRF-M treesTier 1HIGH RISKBat roost impacts are deferred and bat-box-only mitigation for PRF-I trees may not meet like-for-like compensation.

📋 Evidence brief — what we found

🎯 Key evidence
based on current development proposals, there is potential for impacts to trees within the footprint bess location and access routes, as outlined in section 4.1 recommendations. further assessment will be required on trees categorised as far or prf-m to determine the presence or likely absence of bat roosts, if these trees are to be impacted. prf-i trees do not require further survey and, should the tree be removed, mitigation is limited to provision of additional bat boxes on retained trees in the area. . the site layout in relation to potential bat roosts should be kept under review throughout the construction process and the potential impacts to bats revisited development proposals change.
— Other Assessments (docid 379155), p.22 — Section 4.0 Discussion / 4.1 Recommendations
🗣️ In plain English
For FAR/PRF-M trees the report requires further assessment before impacts, so roosts are not destroyed with no assessment; the genuine gap is that PRF-I trees get no further survey and only bat boxes as compensation, and surveys are deferred until impacts are confirmed.
📖 Legal basis
a planning authority/Board must decide in accordance with the proper planning and sustainable development of the area, weighing all material considerations. The NPWS Bat Mitigation Guidelines for Ireland (IWM), at p.56, state: 'Qualitative characteristics: the plans should aim to replace like with like. As an extreme example, it would be unacceptable to replace maternity roosts with hibernation sites. Functional characteristics: compensation should aim to ensure that the affected bat population can function as before.' The same guidelines, at p.59, set out design principles for ex-situ roost conservation, including that a replacement roost should be close to the roost to be lost, match it closely in size/height/aspect, and avoid external lighting. These guidelines are guidance — not binding law — but are a material consideration. No more specific statutory bat-protection requirement is established from the available sources.
📂 What's on file
  • Other Assessments (docid 379155, Ballymahon Solar Farm and BESS Bats - Preliminary Roost Assessment, Tetra Tech, received 14/11/2025) — assesses 30 trees from the ground for Potential Roost Features (PRFs), classifies them as FAR, PRF-I or PRF-M, and contains Table 7 GLTA Results. It identifies trees within the proposed BESS footprint and access routes and sets out follow-up requirements.
  • Revised bat report (no docid supplied, Ballymahon Solar Farm and BESS Bats - Preliminary Roost Assessment and Ground Level Tree Assessment, received 01/04/2026, Longford County Council Inspection Purposes Only) — contains the same PRA/GLTA results and recommendations, including Section 4.1, which defers further survey for FAR/PRF-M trees and prescribes bat boxes for PRF-I trees.
❌ What's missing
The bat PRA is present but inadequate because it defers further roost surveys for FAR and PRF-M trees to a future stage ('if these trees are to be impacted'), and for PRF-I trees it prescribes no further survey and only additional bat boxes — without demonstrating that bat boxes would replace the roost type/function likely lost. The supplied excerpts do not show how bat boxes would replace the roost type or function likely to be lost.
💡 Why this is wrong
The report itself says further assessment is required for FAR/PRF-M trees only 'if these trees are to be impacted', leaving the roost-status question open when it should be resolved before permission. For PRF-I trees it says no further survey and only bat boxes, which may not satisfy the NPWS guidance principle of like-for-like and functional compensation. Conditional future-survey language does not allow a reasoned conclusion that bat roosts will not be destroyed.
⚠️ Specific deficiency
At Section 4.1 it states that further assessment is required for FAR/PRF-M trees 'if these trees are to be impacted', thereby leaving roost status of those trees unresolved at decision stage. For PRF-I trees it states they 'do not require further survey' and mitigation is limited to additional bat boxes. The revised 01/04/2026 bat report (no docid supplied) repeats the same conditional approach at Section 4.1.
⚖️ Risk to address
Refuse permission, or require a pre-commencement condition that before any tree within the BESS/access-route footprint is felled, a licenced bat ecologist carries out the relevant dusk/emergence or endoscope surveys for all FAR/PRF-M trees and that any roost loss is compensated in accordance with NPWS guidance (like-for-like roost provision, not just bat boxes), with results submitted to the planning authority.
📊 Precedent pattern
No directly comparable precedent confirmed in corpus — legal basis stands independently.
📖 Relevant legislation / policy
  • Electricity Storage Policy Framework for Ireland 2024 p.78national policy
    4 Safety and Regulation — 4.2.2 European Union Directives
    See Electricity Storage Policy Framework for Ireland 2024, 4 Safety and Regulation, 4.2.2 European Union Directives, cited in full above.
  • Electricity Storage Policy Framework for Ireland 2024 p.59national policy
    3 Markets — 3.6.2 DS3 (‘Delivering a Secure, Sustainable Electricity System’)
    The DS3 (‘Delivering a Secure, Sustainable Electricity System’) programme was established by the Single Electricity Market Committee in 2011 to address some of the potential problems resulting from an electricity system comprised of higher rates of non-synchronous generation (i.e., wind and solar) and lower rates of thermal or synchronous genera
  • Electricity Storage Policy Framework for Ireland 2024 p.103national policy
    Annexes — A Framework to Accelerate the Deployment of Renewable Energy
    EU Regulation (2022/2577) - ‘Laying down a framework to accelerate the deployment of renewable energy’ references the planning, permit granting process, construction, and operation of electricity storage plants and installations, including Li-BESS as being in the overriding public interest. These regulations include, amongst others, greater inte
  • NPWS Bat Mitigation Guidelines for Ireland (IWM) p.16technical guidance
    Appendix 1 Recommended Bat Survey and Mitigation Report Structure ............................................. 66 — 2.2.1 Derogation licences
    See NPWS Bat Mitigation Guidelines for Ireland (IWM), Appendix 1 Recommended Bat Survey and Mitigation Report Structure ............................................. 66, 2.2.1 Derogation licences, cited in full above.
  • NPWS Bat Mitigation Guidelines for Ireland (IWM) p.52technical guidance
    Appendix 1 Recommended Bat Survey and Mitigation Report Structure ............................................. 66 — 6.3 Temporal and spatial considerations
    Most bats show clear seasonal changes in behaviour and roost selection, so the impact of development may vary seasonally. This is perhaps most easily understood when considering the impact of direct disturbance on seasonally used roosts, but timing can have other impacts as well. If a traditional roost is to be lost to development, the replaceme

Detailed assessment

The Bat Preliminary Roost Assessment says further assessment is required for FAR and PRF-M trees only "if these trees are to be impacted", and for PRF-I trees prescribes no further survey and only additional bat boxes on retained trees (Other Assessments, docid 379155, Section 4.1). The assessor should verify whether roost status for the FAR/PRF-M trees within the BESS and access-route footprint is resolved before a decision, and whether bat-box compensation for PRF-I trees satisfies the NPWS like-for-like and functional compensation principle.

📄 Source documents

  • Unsolicited Information — p.12Review this page for evidence related to this finding....ive Atmospheres Regs) vi. Ventilation Requirements if any to be submitted vii. Details of fire suppression systems to be provided (Special extinguishing agents shall be matched to the appropr
  • Unsolicited Information — p.42Review this page for evidence related to this finding....t should be in accordance with manufacturer specification and/or NFPA 855. 5.2.3.6 Automatic Fire Suppression System All BESS units should be fitted with a suitably designed and installed fire
  • Other Assessments (docid 379142) — p.10Review this page for evidence related to this finding....not been selected so the chemical composition of the batteries/electrolytes are not known. The fire suppression system details depend on the battery supplier selected too. Once the battery supplie

Cases cited

none cited

Policy / guidelines cited

none cited

What to watch for

  • Whether fire-safety conclusions in the Fire Safety Assessment are tied to a range of credible battery chemistries or only a generic lithium-ion description.
  • Whether the BESS Compound Report provides condition-ready triggers for supplier selection and Fire Authority sign-off.
  • Whether emergency access, separation distances and suppression water strategy remain adequate for 56 modules over 40 years.
  • Whether the CEMP/Decommissioning Plan carries enforceable fire-safety audit points.
Royal Canal and Lough Ree bird surveys seasonally incompleteTier 1HIGH RISKBird survey evidence is seasonally incomplete, without a full breeding-season or passage survey for protected SPA/pNHA receptors.

📋 Evidence brief — what we found

🎯 Key evidence
owing to the timing of the project commission, the survey does not constitute a full season of breeding bird surveys. instead, it provides a species list compiled from existing biological records, supplemented by incidental observations recorded during a broader programme of ecological assessment undertaken in summer 2025.
— Other Assessments (docid 379149), pp.84–85 — Section 5.3.4 Limitations
🗣️ In plain English
The bird surveys mainly covered winter birds, and the report admits the survey does not constitute a full breeding-bird season [Other Assessments (docid 379149), pp.84–85]. The solar farm lies 0.4 km from Royal Canal pNHA and about 5 km from Lough Ree SPA, so missing breeding and migration information leaves no reliable evidence about protected breeding or passage birds; the developer has not properly supported the conclusion that the project will not harm protected birds [Other Assessments (docid 379149), pp.84–85]. OPR Practice Note PN01 (2021), pp.12 and 14, requires screening to identify European sites and Qualifying Interests, assess likely significant effects, and determine without mitigation; this means the screening determination needs reliable survey evidence [OPR Practice Note PN01 (2021), pp.12, 14].
📖 Legal basis
OPR Practice Note PN01 — Appropriate Assessment Screening for Development Management (2021), p.12, sets out the screening steps: identify the relevant European sites and Qualifying Interests/conservation objectives, assess the likely significant direct and indirect effects, and make the screening determination in the absence of mitigation measures. P.14 states: 'Critically, any conclusion of the lack of likely significant effects must be made without consideration of mitigation measures' and 'Significant effects are those that would undermine the conservation objectives of the European sites'. The Planning and Development Regulations 2001 (2024 Consolidated), p.227, requires that where development would be located on, in, or have the potential to impact on a European site or a proposed Natural Heritage Area, the likely significant effects on such site or feature must be addressed.
📂 What's on file
  • Ecological Survey for Birds (March 2026; report ref 794-NI-PLE-03028XX; no docid supplied in the excerpt) — identifies Goldcrest as an amber-listed species of conservation concern for its breeding population, records it on four of six surveys with a peak count of eight in February, and concludes 'The Proposed Development would not have any likely impact on overwintering Goldcrest'. The survey is structured around overwintering visits from October 2025 to March 2026.
  • Other Assessments (docid 379149) — ECR Ballymahon Solar Farm; Section 5.3.3 summarises field surveys and says 'No bird species listed on site designations were recorded during surveys'; Section 5.3.4 then admits the bird work is not a full breeding-bird season.
  • Other Assessments (docid 379156) — includes the NBDC desk-study results and field-observed priority bird species tables; it notes NBDC returned records of 52 bird species within 2 km and lists protected/BoCCI species, including Mallard as a Lough Ree SPA Qualifying Interest.
  • NIS (docid 379227) — Ballymahon Solar Farm Appropriate Assessment Screening and Natura Impact Statement; the Stage 1 AAS concluded likely significant effects on Lough Ree SPA and Lough Ree SAC, then the NIS concluded no adverse effect on site integrity with mitigation; Section 5.1.5 addresses disturbance to Whooper Swan, Lapwing and Golden Plover, but the analysis is dominated by wintering waterbird use and distance-to-SPA reasoning.
  • Other Assessments (docid 379170) — CEMP Ballymahon Solar + BESS; Section 2.3.4 identifies Royal Canal pNHA at 0.4 km SW and Lough Ree pNHA at 5.1 km E, and Section 2.3.5 states 'based on detailed ecological surveys and site-specific screening assessments, the proposed development is not expected to result in any significant adverse effects on the integrity of nearby European designated sites'.
  • Further Information Response - Ballymahon Solar + BESS (no docid supplied; p.12 of 42) — states that a Wintering Bird Survey was carried out by RPS/Tetra Tech October 2025 to March 2026 using BTO Common Bird Census methodology, and relies on this to conclude no significant disturbance to overwintering birds; it does not address breeding or passage seasons.
❌ What's missing
The supplied excerpts do not evidence a full breeding-season bird survey, a migration/passage survey, or a site-specific assessment of Royal Canal pNHA bird interests or Lough Ree SPA bird Qualifying Interests during breeding and passage periods. What is present is inadequate because the ECR itself says it is not a full breeding-bird season and the wintering survey covers only October to March, leaving breeding and passage unassessed. The 'no likely impact' conclusions for amber-listed species such as Goldcrest therefore rest on seasonal and incomplete evidence rather than the objective scientific information required by OPR PN01.
💡 Why this is wrong
The AA screening and NIS conclusions are not based on adequate objective scientific information for birds across the full annual cycle, as OPR PN01 requires. The ECR itself states that no full breeding-bird survey was carried out, and the Further Information Response confirms the seasonal work was a wintering survey from October to March, so the 'no likely impact' findings for an amber-listed breeding species such as Goldcrest are unsupported for breeding and passage periods. Royal Canal pNHA is only 0.4 km away and Lough Ree SPA is a designated site with bird qualifying interests; without complete seasonal data the decision-maker cannot exclude significant effects on those protected bird receptors.
⚠️ Specific deficiency
The applicant's Ecological Survey for Birds records Goldcrest as amber-listed for its breeding population but then states 'The Proposed Development would not have any likely impact on overwintering Goldcrest', without testing breeding or passage effects. The ECR (docid 379149) admits at Section 5.3.4 that the survey does not constitute a full breeding-bird season, yet the assessment still proceeds to a no-significant-effect conclusion. The NIS (docid 379227) relies on wintering surveys and a >5 km distance to Lough Ree SPA to reach 'no adverse effect on site integrity', while the CEMP (docid 379170) simply lists Royal Canal pNHA in a table and then concludes no significant adverse effects without any pNHA-specific bird analysis.
📊 Precedent pattern
No comparable refusal on this ground that the appeal board upheld was confirmed; the point rests on the application documents.
📖 Relevant legislation / policy
  • Longford County Development Plan 2021-2027 p.169dev plan
    CHAPTER 5: TRANSPORT, INFRASTRUCTURE, ENERGY & COMMUNICATIONS
    See Longford County Development Plan 2021-2027, CHAPTER 5: TRANSPORT, INFRASTRUCTURE, ENERGY & COMMUNICATIONS, cited in full above.
  • OPR Practice Note PN02 — Environmental Impact Assessment Screening (June 2021) p.50technical guidance
    Form 3 — B. Examination:
    Bird surveys were carried out as part of the NIS and other ecological surveys. Bird populations of greater than Local and County importance were not identified either on the site or as part of the flight path for wintering bird populations using the SPA. No bats were encountered during the surveys. This issue can be adequately dealt with under the
  • OPR Practice Note PN02 — Environmental Impact Assessment Screening (June 2021) p.36technical guidance
    Case Study 1. — Establishing if the proposal is a ‘sub-threshold development’:
    See OPR Practice Note PN02 — Environmental Impact Assessment Screening (June 2021), Case Study 1., Establishing if the proposal is a ‘sub-threshold development’:, cited in full above.
📚 Precedent cases
  • eplanning_KerryCC_201284 — refused · Kerry County Council · 47% match
    PALLAS , KILFEIGHNY SOUTH AND GLANOE , CO KERRY
    Having regard to the location of the proposed development within the Stack's to Mullaghareirk Mountains, West Limerick Hills and Mount Eagle SPA and the likely loss/alteration of foraging habitat for Hen Harrier, adverse effects on the integrity of the European site cannot be exc

Detailed assessment

The bird survey passage records amber-listed Goldcrest "Observed on four of the six surveys, in small numbers with the peak count of eight in February", and states "The Proposed Development would not have any likely impact on overwintering Goldcrest." Given the site's proximity to Royal Canal pNHA and Lough Ree SPA, the assessor should verify that the avian assessment methodology is adequate across breeding, passage and overwintering periods, and specifically tests whether the scheme would have significant effects on SPA/pNHA bird qualifying interests and protected bird species.

📄 Source documents

  • Conservation Report — p.11Review this page for evidence related to this finding....(dated 17 December 2025) in relation to ornithology: 4.1.1 Lack of non-breeding period data An overwintering bird survey campaign, to monitor the site for all bird species but in particular SCI
  • Conservation Report — p.12Review this page for evidence related to this finding....erved either flying over site or utilising a watercourse. Observations of Mallard recorded during overwintering bird surveys at Ballymahon are illustrated in Figure 4. The Proposed Development w
  • Conservation Report — p.13Review this page for evidence related to this finding....iated with field boundaries/woodland. The Proposed Development would not have any likely impact on overwintering Goldcrest. 4.2.3.2 Greenfinch An amber-listed species of conservation concern in

Cases cited

eplanning_KerryCC_201284

Policy / guidelines cited

none cited

What to watch for

  • Seasonal and species-specific survey coverage for SPA/pNHA qualifying interests
  • Foraging/roosting linkages to Royal Canal pNHA and Lough Ree SPA
  • Cumulative habitat loss/severance effects on bird populations
Bat connectivity barriers along access tracks unevidencedTier 1HIGH RISKThe supplied excerpts do not evidence a bat connectivity assessment for internal access tracks and panel rows.

📋 Evidence brief — what we found

🎯 Key evidence
while the site contains a substantial number of mature treelines with the potential to support bats, these were not subject to glta as they are not impacted by the current layout. should the proposed design be revised in a manner that introduces potential impacts (such as pruning, removal, or other arboricultural interventions) on trees not included in table 7, further assessment will be required to evaluate those impacts.
— Ballymahon Solar Farm and BESS Bats - Preliminary Roost Assessment (docid 379155), page 11 — Section 3.2.3 Ground Level Tree Assessments
🗣️ In plain English
The NPWS Bat Mitigation Guidelines for Ireland (IWM), §6.2.4 ‘Fragmentation and isolation’ (p.51), state that bats use hedges, treelines and waterways to navigate between roosts and feeding areas, and that the continuity of these features is important; losing linear features can isolate roosts in the landscape [NPWS Bat Mitigation Guidelines for Ireland (IWM), §6.2.4, p.51]. In practice, this means the development must preserve hedgerow and treeline continuity or mitigate any unavoidable break so that bat commuting routes and roost connections remain intact.
📖 Legal basis
The available best-practice guidance is the NPWS Bat Mitigation Guidelines for Ireland (IWM), §6.2.4 'Fragmentation and isolation' (p.51), which states: 'Features such as hedges, treelines and waterways are used by bats to navigate between roosts and feeding areas and the continuity of such features is important to them… The loss of linear features, leaving roosts isolated in the landscape can thus be damaging.' The same guideline (p.56) advises that functional compensation should aim to ensure 'the affected bat population can function as before', which may require 'attention to the environment around the roost'. These are advisory best-practice considerations, not binding statutory requirements; the planning decision must nonetheless accord with the proper planning and sustainable development of the area, and a more specific binding requirement is not established from the available sources.
📂 What's on file
  • Ballymahon Solar Farm and BESS Bats - Preliminary Roost Assessment (Other Assessments, docid 379155, excerpt pp.7–12, Tetra Tech) — records that the site provides 'moderate to high quality foraging and commuting habitat for bats', identifies continuous treelines/hedgerows as commuting resources, and includes a GLTA result (T2) for a mature treeline 'parallel to access route'. It limits the GLTA to access routes/BESS and states that 'a substantial number of mature treelines' were not assessed because 'not impacted by the current layout'; the separate Preliminary Ecological Appraisal (s.1.6) says its single-visit scoping 'cannot be considered a comprehensive assessment of the ecological interest of the site'.
  • Ballymahon Solar Farm and BESS Preliminary Ecological Appraisal (Conservation Report, no docid) — the bat section records 'Site provides moderate to high quality foraging and commuting habitat for bats' and 'Continuous features, established treelines, woodland parcels and hedgerows provide ecological connectivity with wider landscape'; it recommends PRA/GLTA but does not evidence an assessment of internal access-track/panel-row severance.
❌ What's missing
The supplied excerpts do not evidence any route-specific bat connectivity/barrier assessment. The Bat Preliminary Roost Assessment should show how the 3,800m of internal access tracks and the panel-row layout avoid severing the hedgerow/treeline flight lines it identifies, or, where gaps are unavoidable, how lighting and gap creation will be mitigated to maintain commuting routes. The current text treats 'impact' as direct tree removal only, not fragmentation of flight lines or light spill, and the excluded mature treelines are not assessed for those effects. If a Biodiversity Management Plan contains this analysis, it is not evidenced in the supplied excerpts.
💡 Why this is wrong
The PRA identifies the site as having moderate-to-high quality bat commuting and foraging habitat and continuous treelines/hedgerows, but then expressly excludes from GLTA the mature treelines that would be the very corridors whose continuity matters. Under the NPWS guidance, loss or fragmentation of linear features can leave roosts isolated and is damaging, and mitigation must preserve functional connectivity. Because the assessments do not model the 3,800m internal access tracks or panel rows as barriers—gaps, light spill, or severance—the conclusion that impacts are acceptable is not supported. The bat report itself states the mature treelines were not subject to GLTA because they are not impacted by the current layout.
⚠️ Specific deficiency
The applicant's Bats - Preliminary Roost Assessment (docid 379155) limits GLTA to 'trees with the potential to be impacted via proposed access routes and BESS compound locations' (p.7) and states the 'substantial number of mature treelines' were 'not subject to GLTA as they are not impacted by the current layout' (p.11). It equates 'impact' with direct arboricultural intervention only, without assessing severance of the commuting routes that the report itself identifies. The Preliminary Ecological Appraisal records the connectivity value but does not carry the analysis forward to the 3,800m internal access tracks or panel-row layout. The applicant has therefore not shown, for bats specifically, how the development avoids gaps or lighting effects on core bat corridors, having regard to the commuting-route principles in the NPWS guidance.
⚖️ Risk to address
Require ABP to refuse or seek additional information because the bat connectivity/severance assessment is inadequate: the applicant's own PRA excludes the mature treelines that constitute the identified commuting corridors and the supplied material does not evidence a bat-specific assessment of severance or lighting effects from the 3,800m internal access tracks and panel rows (the outline badger plan and BESS report address retained habitats, dark corridors and PIR-controlled lighting only generally).
📊 Precedent pattern
No directly comparable precedent confirmed on bat commuting-route connectivity. Too few to establish a pattern.
📖 Relevant legislation / policy
  • NPWS Bat Mitigation Guidelines for Ireland (IWM) p.51technical guidance
    Appendix 1 Recommended Bat Survey and Mitigation Report Structure ............................................. 66 — 6.2.4 Fragmentation and isolation
    Recent radio-tracking and bat detector studies have demonstrated clearly the importance of linear features in the landscape to many species of bats. Features such as hedges, treelines and waterways are used by bats to navigate between roosts and feeding areas and the continuity of such features is important to them (Kyheröinen et al., 2019). Mos
  • NPWS Bat Mitigation Guidelines for Ireland (IWM) p.73technical guidance
    Appendix 1 Recommended Bat Survey and Mitigation Report Structure ............................................. 66 — 10 Bibliography & Relevant Literature
    See NPWS Bat Mitigation Guidelines for Ireland (IWM), Appendix 1 Recommended Bat Survey and Mitigation Report Structure ............................................. 66, 10 Bibliography & Relevant Literature, cited in full above.
  • NPWS Bat Mitigation Guidelines for Ireland (IWM) p.37technical guidance
    Appendix 1 Recommended Bat Survey and Mitigation Report Structure ............................................. 66 — 5.4 Survey area
    As a minimum, the survey should normally cover any land or structures which are proposed for development. For phased developments, the entire site should be surveyed, not just the area of the first phase, and considered as a whole unit when assessing impacts and possible mitigation. This will help to avoid the undesirable situation where mitigat
📚 Precedent cases

Detailed assessment

The Conservation Report records that the site "provides moderate to high quality foraging and commuting habitat for bats" and that "Continuous features, established treelines, woodland parcels and hedgerows provide ecological connectivity with wider landscape." The assessor should verify that the Bat Preliminary Roost Assessment and Biodiversity Management Plan adequately assess severance of these commuting routes by the proposed 3,800m internal access tracks and panel rows, and that mitigation avoids gaps or lighting effects that would disrupt core bat corridors.

📄 Source documents

  • Conservation Report — p.200Review this page for evidence related to this finding....g to retain the grassland habitat underneath, along with retention of habitats. allowing continued connectivity to the wider landscape. 4.1 RECOMMENDATIONS The following principles and hierarchy
  • Other Assessments (docid 379155) — p.16Review this page for evidence related to this finding....sence of continuous features, such as established treelines and hedgerows which provide ecological connectivity with the wider landscape. The scattered trees, hedgerows, and scrub within the surv
  • Conservation Report — p.11Review this page for evidence related to this finding....e. It is worth noting, treelines, hedgerows, and other linear ecological features provide habitat connectivity across the site. There is potential for highly mobile species such as bats and bird

Cases cited

eplanning_KerryCC_201284

Policy / guidelines cited

none cited

What to watch for

  • Severance of treeline/hedgerow commuting routes by tracks or panels
  • Avoidance of gaps >5m in key commuting corridors
  • Construction lighting and roost retention
SPA bird disturbance conflict not reconciled by speciesTier 1HIGH RISKThe assessment's internal conflict—acknowledged potential significant impact to Whooper Swan yet a distance-based no-disturbance conclusion—is of the kind raised in some refusals (no established pattern).

📋 Evidence brief — what we found

🎯 Key evidence
disturbance (construction operation and decommission) there is a risk of whooper swan using the site for foraging or adjacent habitat being disturbed during construction. disturbance contributes to increased energetic expenditure which can result in increased likelihood of winter mortality or reduced fitness. lse - potential significant impact during works.
— Ballymahon Solar Farm Appropriate Assessment Screening and Natura Impact Statement (docid 379227), Lough Ree SPA effects table — Whooper Swan row; the relevant page header is not visible in the supplied excerpt, but the table sits within the Lough Ree SPA assessment following the Table 1 SPA QI list on p. 23.
🗣️ In plain English
The applicant's own ecology report says that because the solar farm is more than 5 km from Lough Ree SPA, no protected birds from the lake will be disturbed. But the same application's Natura Impact Statement says whooper swans — one of the SPA's protected species — may use the site's grasslands, and that construction disturbance could increase their winter mortality or reduce their fitness. The application does not clearly resolve that contradiction, so a decision based on the current information could be legally unsafe.
📖 Legal basis
Under the EU Habitats Directive (92/43/EEC) and Birds Directive (2009/147/EC), Special Protection Areas such as Lough Ree SPA are part of the Natura 2000 network, and the objective is to maintain or enhance the favourable conservation status of the birds for which the SPA has been designated. The DEHLG Appropriate Assessment Guidance (2009, rev. 2010, §3.2.4) states that the determination of likely effects must be based on available information 'supplemented as necessary by local site information and ecological surveys', followed by a determination of whether effects could be significant. OPR Practice Note PN01 (2021) Step 3 likewise requires identification of potential direct and indirect impacts, including construction disturbance and ex-situ factors, before screening out a Natura 2000 site. The Board must also decide in accordance with the proper planning and sustainable development of the area.
📂 What's on file
  • Ecological Survey for Birds (794-NI-PLE-03028XX, March 2026, RPS/Tetra Tech) — the 'Conservation Report' — at pp. 12–13 (§§4.3.1 and 4.4) states: 'Given the distance of over 5km between the site of the Proposed Development and Lough Ree SPA, there is no likelihood of disturbance to the site or SCI species using the site during either construction or operation.' It also discusses on-site Golden Plover observations and says alternative improved grassland is extensive in the Ballymahon area.
  • Ballymahon Solar Farm Appropriate Assessment Screening and Natura Impact Statement (docid 379227) — p. 23, Table 1 lists Lough Ree SPA Qualifying Interests including Whooper Swan [A038], Golden Plover [A140], and Lapwing [A142]. The same NIS in the Lough Ree SPA effects table records for Whooper Swan: 'LSE – Potential significant impact during works' for loss of foraging habitat and construction disturbance.
  • Further Information Response — Ballymahon Solar + BESS (no docid visible in supplied excerpt, p. 12 of 42) — states that a Wintering Bird Survey was carried out following BTO Common Bird Census methodology, including monthly visits October 2025 to March 2026, in response to a DHLGH referral requesting targeted observational data for whooper swan, Lapwing and Golden Plover.
  • EIA Screening Report (docid 379174, p. 69) — notes that a Natura Impact Report has been prepared for the proposed development and identifies Lough Ree SPA (5.1 km) as a designated site.
💡 Why this is wrong
The assessment is internally inconsistent. The Conservation Report uses straight-line distance alone to dismiss disturbance to Lough Ree SPA species, but the NIS itself acknowledges a likely pathway: Whooper Swan may use the site's grasslands, and construction disturbance could increase energetic expenditure, winter mortality or reduced fitness. Under the Habitats and Birds Directives, the Board can only approve if it can exclude reasonable scientific doubt, based on adequate local survey data, that the project will not adversely affect the SPA's integrity. Distance alone is not enough where the applicant's own documents identify a source-pathway-receptor link.
⚠️ Specific deficiency
RPS/Tetra Tech's Ecological Survey for Birds (March 2026, pp. 12-13, sections 4.3.1 and 4.4) dismisses disturbance to Lough Ree SPA species on distance alone (over 5 km), whereas the NIS (docid 379227) records 'LSE - Potential significant impact during works' for Whooper Swan.
📊 Precedent pattern
Too few to establish a pattern.
📖 Relevant legislation / policy
  • Longford County Development Plan 2021-2027 p.337dev plan
    CHAPTER 12: NATURAL HERITAGE & ENVIRONMENT — 12.5.2 Special Protection Areas (SPAs) These sites are selected for the conservation and protection of birds and their habitats designated under the EU Birds Directive 2009 (2009/147/EC) (first adopted in 1979) and transposed into Irish law by the Conservation of Wild Birds Regulations (SI 291 of 1985). The National Parks and Wildlife Service within the Department of Culture, Heritage and the Gaeltacht identify, evaluate and propose sites for designation. The boundaries of protected areas may change and/or new sites may be proposed for designation during the lifetime of this Plan.
    Table 12.2 Special Protection Areas (SPA) Special Protection Areas (SPAs) Features of Interest SPA 004061 – Lough Kinale and Derragh Lough A059 Pochard (Aythya ferina) A061 Tufted Duck (Aythya fuligula) A999 Wetland and Waterbirds SPA 004064 – Lough Ree Little Grebe (Tachybaptus ruficollis) [A004] Whooper Swan (Cygnus cygnus) [A038] Wigeon (Anas
  • development plan guidelines 2007 p.57s28 guideline
    Planning Guidelines — Special Protection Areas (SPAs) 4.34 These sites are areas of importance for birds (and often are also important for other types of wildlife). The EU Birds Directive (79/409/EEC) requires designation of SPAs for:
    • Listed rare and vulnerable species. • Regularly occurring migratory species. • Wetlands, especially those of international importance, which attract large numbers of migratory birds each year. All SPAs whether formally designated or proposed to be designated, should be identified in development plans and supported by appropriate policies to secu
  • development plan guidelines 2007 p.93s28 guideline
    APPENDIX B — ENVIRONMENTAL AND HERITAGE DESIGNATIONS
    for these species are classified as Special Protection Areas. Ireland is obliged to “take appropriate steps to avoid pollution or deterioration of habitats or any disturbances affecting the birds”. Only activities which do not have significant effects on birds are acceptable in SPA’s. The Birds Directive also requires the avoidance of pollution or
  • guidance for planning authorities on drainage and reclamation of wetlands consultation draft p.53s28 guideline
    Appendix 3: Nature conservation sites
    50 and species that must be protected within SACs. Irish habitats include raised bogs, blanket bogs, turloughs, sand dunes, machair (flat sandy plains on the north and west coasts), heaths, lakes, rivers, estuaries and sea inlets. The 25 Irish species which must be afforded protection include Salmon, Otter, Freshwater Pearl Mussel, Bottlenose Do
  • OPR Practice Note PN01 — Appropriate Assessment Screening for Development Management (2021) p.32technical guidance
    Sample Case Study 2. — STEP 2. Identification of relevant Natura 2000 sites using Source-Pathway- Receptor model and compilation of information Qualifying Interests and conservation objectives.
    European Site (code) List of Qualifying Interest/Special Conservation Interest1 Distance from proposed development2 (km) Connections (Source- Pathway- Receptor) Considered further in screening Y/N North Dublin Bay SAC 000206 10 QIs https://www.npws.ie/sites/default/ files/protected-sites/conservation_ objectives/CO000206.pdf >25km East Yes W
📚 Precedent cases
  • cork_county_22/6901 — refused · cork_county · 22% match
    Ballyroe & Dromin Ballyhea Charleville Co.Cork
    The proposed development will result in the direct loss of an area of core foraging habitat Whooper Swan, a Species of Conservation Interest (SCI) of the Kilcolman Bog Special Protection Area (Site Code: 004095). Furthermore, based on the recent information provided to the Pla
  • eplanning_KildareCC_2560083 — refused · — · 6% match
    Townlands of Portgloriam Clonsast Ballybrack Ballyloughlan Farrandum , Clonduff

Detailed assessment

The Conservation Report states broadly that "Given the distance of over 5km between the site of the Proposed Development and Lough Ree SPA, there is no likelihood of disturbance to the site or SCI species using the site during either construction or operation." However the NIS itself screens in loss of foraging habitat and construction disturbance for Lapwing, Golden Plover and Whooper Swan and records that construction disturbance "can result in increased likelihood of winter mortality or reduced fitness. LSE – Potential significant impact during works." These are SCI of Lough Ree SPA under the County Development Plan, so the assessor should verify that the final AA resolves this conflict species-by-species and does not rely solely on straight-line distance to dismiss disturbance.

📄 Source documents

  • Conservation Report — p.15Review this page for evidence related to this finding....alternative roosting sites are widely available. 4.3.3 Collision risk There is currently limited scientific evidence documenting the effects of solar farms on bird species in the UK and Ireland
  • NIS (docid 379227) — p.30Review this page for evidence related to this finding....truction. Disturbance contributes to increased energetic expenditure which can result in increased likelihood of winter mortality or reduced fitness. LSE – Potential significant impact during wo
  • Conservation Report — p.16Review this page for evidence related to this finding....insect species has shown preferential attraction to PV panels to an extent that would constitute a conservation concern. Importantly, many man-made surfaces—including plastics and metals—prod

Cases cited

cork_county_22/6901, eplanning_KildareCC_2560083

Policy / guidelines cited

none cited

What to watch for

  • Whether the NIS/AA reconciles the 'no likelihood of disturbance' conclusion with its own LSE screening for Whooper Swan, Golden Plover and Lapwing during construction/decommissioning.
  • Whether overwintering bird survey peak counts for golden plover/whooper swan are explicitly carried into the SPA SCI assessment and compared with Lough Ree SPA population size.
  • Whether operational maintenance visits (up to monthly) are assessed for disturbance to any SCI using adjacent fields or boundary habitats, not only by reference to a 5km plus distance.
Six-visit overwintering survey inadequate for wide-ranging SPA birdsTier 1HIGH RISKThe limited six-visit bird survey dismissing a 400-bird Golden Plover record as sporadic may not provide an adequate scientific baseline, comparable to refusal grounds in PL17-311536.

📋 Evidence brief — what we found

🎯 Key evidence
whilst a peak count of 400 birds represents a significant percentage of the spa population, this density of birds was only recorded on one visit across the winter. the absence of golden plover on four visits would indicate that the site is only used sporadically and is not a particularly important ex-situ site for the overwintering population of golden plover from lough ree spa.
— Ecological Survey for Birds (Conservation Report), March 2026, Section 4.2.1.1 Golden plover.
🗣️ In plain English
Article 6(3) of the Habitats Directive requires Appropriate Assessment for plans or projects likely to affect European Sites [Article 6(3), Habitats Directive]. A peak count of 400 Golden Plover was a significant percentage of the Lough Ree SPA population, but the report recorded that density only once and described use as sporadic after absences on four visits [Ecological Survey for Birds (Conservation Report), March 2026, Section 4.2.1.1 Golden plover]. The six-visit survey is present, but the supplied text does not establish its adequacy for wide-ranging, intermittently present species such as Whooper Swan or Golden Plover [same].
📖 Legal basis
Article 6(3) of the Habitats Directive, as cited in Longford County Development Plan 2021-2027, Chapter 1, p.9: 'Articles 6(3) and 6(4) of the Habitats Directive set out the decision-making tests for plans and projects likely to affect European Sites. Article 6(3) establishes the requirement for Appropriate Assessment (AA).' The Appropriate Assessment conclusion of no adverse effect on Lough Ree SPA integrity must be based on adequate scientific information. OPR Practice Note PN01 Appendix D, p.45 recognises Golden Plover and Whooper Swan as species for which SPAs are selected and protected.
📂 What's on file
  • Ecological Survey for Birds (Conservation Report), March 2026, RPS Group — presents six overwintering bird survey visits between 29/10/2025 and 11/03/2026; recorded 40 species, including 13 species of conservation concern, of which Golden Plover and Mallard are Lough Ree SPA qualifying interests. It records a Golden Plover flock of 400 birds in November, described as over 13% of the SPA population, but then concludes the site is only used sporadically and is not particularly important.
  • Other Assessments (docid 379156), Tetra Tech, November 2025 — provides summer 2025 incidental bird observations and desk-study results. Its limitations state: 'This report does not replicate or represent a full season of Breeding Bird Surveys but serves to provide a species list from existing biological records plus incidental observations made during a suite of wider ecological study in summer 2025'; also 'Data requested by NPWS was not returned' and 'Any absence of desk study records cannot be relied upon to infer absence of a species/habitat.'
❌ What's missing
The six-visit overwintering survey is present but its adequacy for wide-ranging, intermittently present SPA qualifying species is not established in the supplied text. The report references transect coverage in Figures 2 and 3, but the excerpts do not show or explain how the transect design, vantage points, timing and surveyor movement were sufficient to detect a mobile flock of Whooper Swan or Golden Plover using the site only on some days. There is no visit-by-visit quantification for Whooper Swan, and no quantitative comparison of all Lough Ree SPA SCI peak counts against the SPA population beyond the Golden Plover (over 13%) and Mallard (0.4%) figures. The report asserts that alternative improved grassland and roosting sites are 'widely available' but does not quantify or survey that alternative habitat, and there is no acknowledgement in the conclusion that absence on four of six visits does not scientifically demonstrate low importance.
💡 Why this is wrong
A conclusion of no adverse effect on a Natura 2000 site must be based on adequate scientific information. In PL17-311536, the Board refused a comparable solar farm because the submitted NIS was 'not based on best available scientific information' and the conclusions could not be relied on with scientific certainty where baseline field surveys were limited in extent and nature. Here the applicant's own data recorded 400 Golden Plover — described as over 13% of the Lough Ree SPA population — on one visit, but the report uses absence on four of six monthly visits to call the site unimportant. That reasoning is not robust for wide-ranging flocking SCI: such birds can be absent from a single field on any given day due to weather, disturbance, time of day, or movement elsewhere, so the high count is the precautionary indicator, not the absences. The supplied text does not quantify how alternative foraging habitat would avoid displacement effects, and the adequacy of the survey effort to exclude an adverse effect on Lough Ree SPA is therefore open to question; a decision granting permission on this record would face real legal risk under Article 6(3).
⚠️ Specific deficiency
The applicant's Ecological Survey for Birds (Conservation Report, March 2026) relied on only six monthly winter visits, then dismissed a 400-bird Golden Plover record as 'sporadic' in Section 4.2.1.1 without a targeted repeated-survey or displacement analysis. The same application file includes Other Assessments (docid 379156), which explicitly acknowledges that its summer 2025 bird work was only incidental observations and that NPWS data was not returned, yet the winter report still proceeds to a no-adverse-effect conclusion. The assessment does not, in the supplied text, present a robust SCI-specific assessment for Whooper Swan or a quantitative alternative-habitat assessment for Golden Plover. This mirrors the deficiency identified in PL17-311536, where limited field surveys meant the NIS conclusions could not be relied on, and the survey/species information dearth relied on in eplanning_KildareCC_2560083.
⚖️ Risk to address
The objector should argue that the Appropriate Assessment conclusion for Lough Ree SPA cannot be relied upon because a 400-bird Golden Plover record (>13% of the SPA population) was dismissed as 'sporadic' on the strength of only six winter visits, with no adequate Whooper Swan or alternative-foraging analysis; following PL17-311536 and eplanning_KildareCC_2560083, the Board should refuse permission or require a scientifically robust multi-season, repeated survey baseline before concluding no adverse effect on the SPA.
📊 Precedent pattern
No comparable refusal on this ground that the appeal board upheld was confirmed; the point rests on the application documents.
📖 Relevant legislation / policy
  • development plan guidelines 2007 p.93s28 guideline
    APPENDIX B — ENVIRONMENTAL AND HERITAGE DESIGNATIONS
    See development plan guidelines 2007, APPENDIX B, ENVIRONMENTAL AND HERITAGE DESIGNATIONS, cited in full above.
  • wind energy development guidelines 2006 p.115s28 guideline
    109
    Fossitt, J.A. (2000) A Guide to Habitats in Ireland Heritage Council, Kilkenny Galvin, P. (2001) BirdWatch Ireland Policy on Wind farms. BWI Policy. Gilbert, G.; Gibbons, D.W. & Evans, J. (1998) Bird Monitoring Methods – A Manual of Techniques for Key UK Species. RSPB, Sandy. Institute of Geologists of Ireland (2002) Geology in Environmental Im
  • Appropriate Assessment of Plans and Projects in Ireland — Guidance for Planning Authorities (DEHLG 2009, rev. 2010) p.14s28 guideline
    Section 1 - Introduction 14
    SPAs (see Figure 3) are sites that have been selected and notified for the conservation and protection of bird species listed on Annex I of the Birds Directive and regularly occurring migratory species, and their habitats, particularly wetlands8. Annex I birds are those that require special conservation measures because they are rare, in danger
  • wind energy development guidelines 2006 p.30s28 guideline
    Planning Guidelines
    the integrity of sites designated for the purpose of their protection (conservation). Natural heritage may be impacted by wind energy developments both during the construction and operational phases. These impacts may be either temporary or permanent. Planning authorities should have full regard to biodiversity considerations in determining a
  • guidance for planning authorities on drainage and reclamation of wetlands consultation draft p.53s28 guideline
    Appendix 3: Nature conservation sites
    See guidance for planning authorities on drainage and reclamation of wetlands consultation draft, Appendix 3: Nature conservation sites, cited in full above.
📚 Precedent cases
  • PL17-311536 — refused · Meath County Council · 46% match
    Lands Including Rogerstown, Smithstown, Calliaghstown,, Pilltown and Ballymad, D
    It is considered that the submitted Natura Impact Statement is not based on best available scientific information. In the absence of adequate baseline information, including the limited extent and the nature of the field surveys undertaken, the conclusions presented in the Natura
  • eplanning_KildareCC_2560083 — refused · Kildare County Council · 36% match
    Townlands of Portgloriam Clonsast Ballybrack Ballyloughlan Farrandum , Clonduff
    Having regard to the significant dearth of information within the Appropriate Assessment Screening and Natura Impact Statement in relation to surveys, habitats and species and the impact of the proposed development on the Rye Water Valley/Carton SAC, Ballynafagh Lake SAC and B

Detailed assessment

The Ecological Survey for Birds records six winter survey visits, for example, for Golden Plover: "Observed on two of the six surveys. A flock of eight were observed in October while a flock of 400 were observed in November." The adequacy issue is whether this survey effort and the transect coverage shown in Figures 2 and 3 are robust enough to detect intermittent use by wide-ranging SPA SCI, especially Whooper Swan and Golden Plover, and to support a no-adverse-effect conclusion. PL17-311536 refused an NIS where baseline field surveys were limited in extent/nature and the findings could not be relied upon with scientific certainty; eplanning_KildareCC_2560083 likewise turned on a dearth of NIS survey/species information. The assessor should verify that the survey methodology explicitly quantifies SPA SCI peak counts against the Lough Ree SPA population and assesses alternative foraging habitat availability, rather than relying on general wintering-bird coverage.

📄 Source documents

  • Other Assessments (docid 379155) — p.14Review this page for evidence related to this finding....e absence of records may be a result of under-recording within the given search area. The PRA was limited to the building B1 and Ground-Level Tree Assessment (GLTA) was limited to trees with the
  • Other Assessments (docid 379155) — p.29Review this page for evidence related to this finding....Solar Farm and BESS Bats - Preliminary Roost Assessment 22 784-B071661 GP-TEM-006-02 5.0 CONCLUSION This report considers the potential impact of the proposed development on bats. One si
  • Other Assessments (docid 379163) — p.53Review this page for evidence related to this finding....on, the findings presented in the Natura Impact Statement (NIS) demonstrate that, based on current scientific evidence and mitigation measures proposed, there is no reasonable scientific doubt th

Cases cited

PL17-311536, eplanning_KildareCC_2560083

Policy / guidelines cited

none cited

What to watch for

  • Whether the six overwintering visits and transect method are adequate for detecting intermittent golden plover/whooper swan use of improved grassland.
  • Whether peak counts of any SPA SCI are converted into percentage-of-SPA-population tests and stated in the NIS.
  • Whether the assessment demonstrates availability of functionally equivalent alternative terrestrial foraging habitat outside the development.
Mitigation versus compensation not separated for SPA birdsTier 1HIGH RISKThe NIS bars compensation, yet the bird report's no-significant-effect conclusion cites habitat enhancement and abundant alternative habitat; whether the conclusion depends on them should be verified.

📋 Evidence brief — what we found

🎯 Key evidence
the nature of the proposed development does not prevent birds from foraging along field boundaries or within the site itself and recently published research has suggested that solar farms, if managed correctly to reduce sheep grazing onsite and to create a mix of habitats within the site, can hold up to twice as many birds as intensively managed farmland (copping et al, 2025). correct habitat management of land within solar farms can lead to ecological enhancement through converting previously highly improved and intensely farmed grassland to wildflower meadows and the use of grazing in preference to mowing for managing grassland (birdlife europe, 2011). should the proposed development proceed and the lands within the red-line boundary no longer be suitable attractive for overwintering golden plover, the habitats found onsite are abundant in the wider area and alternative improved grassland fields are extensive in the ballymahon area. given the species only used sporadically, indicating it is not a particularly important ex-situ site for the overwintering population of golden plover from lough ree spa it is not likely that this would have a significant impact on the population of over wintering golden plover at lough ree spa as alternative roosting sites are widely available.
— Ecological Survey for Birds (March 2026, 794-NI-PLE-03028XX), p.12 — Section 4.3.2 'Loss of foraging / roosting habitat'.
🗣️ In plain English
The application contains a bird report that says a well-managed solar farm can actually hold more birds than intensively farmed grassland. But the same application's Natura Impact Statement says that type of future habitat improvement or compensation cannot be used to cancel out harm to protected bird sites. The concern is that the bird report's conclusion that the solar farm will not harm Golden Plover, Lapwing or Whooper Swan appears to lean on that 'better habitat' idea, which would make the assessment internally contradictory and leave real doubt about whether Lough Ree SPA is protected.
📖 Legal basis
National Planning Framework — Ireland 2040, p.156, quoting Article 6(3) of the Habitats Directive: 'Any plan or project not directly connected with or necessary to the conservation of a site but likely to have a significant effect thereon, either individually or in combination with other plans or projects, shall be subject to Appropriate Assessment (AA) of its implications for the site in view of the site's conservation objectives.' The same source notes the Habitats Directive has been transposed into Irish law by the European Communities (Birds and Natural Habitats) Regulations 2011. DEHLG (2009, rev. 2010), p.2, states the obligation to undertake appropriate assessment derives from Article 6(3) and 6(4) of the Habitats Directive and involves steps and tests applied in sequential order. No more specific statutory requirement is established from the available sources.
📂 What's on file
  • Appropriate Assessment Screening and Natura Impact Statement (docid 379227) — Ballymahon Solar Farm NIS, by Tetra Tech. Section 2.2 correctly states that, unlike standard Ecological Impact Assessment, 'compensation for adverse effects (i.e. creation of alternative habitat) is not permitted to be considered within the NIS.' Section 5.1.5 then treats Whooper Swan, Lapwing and Golden Plover disturbance in part by saying the habitat is not prime feeding ground and the birds will have other habitat they can move to.
  • Ecological Survey for Birds (March 2026, 794-NI-PLE-03028XX) — overwintering bird survey report. Section 4.3.2 discusses 'Loss of foraging / roosting habitat' and immediately invokes the Copping et al (2025) solar-farm habitat enhancement claim before concluding no likely significant impact on the Lough Ree SPA Golden Plover population because alternative improved grassland is widely available.
  • Other Assessments (docid 379156) — July 2025 bird survey report. It states the survey is a snapshot and does not replicate a full season of breeding bird surveys, and warns that absence of desk study records cannot be relied upon to infer absence of a species or habitat.
  • Other Assessments (docid 379149) — ecological chapter with Appropriate Assessment. It reproduces the Stage 2 AA framework and notes the summer 2025 survey limitations, but the supplied excerpt does not reconcile the NIS prohibition on compensation with the bird report's post-construction habitat-enhancement reasoning.
❌ What's missing
What should be present but is not evidenced in the supplied excerpts is an explicit statement separating permissible impact-avoidance/mitigation from prohibited compensation for each SPA qualifying bird species, and confirmation that the loss/alteration of foraging habitat conclusion for Golden Plover — and the equivalent disturbance/loss reasoning for Lapwing and Whooper Swan — does not rely on the predicted post-construction 'twice as many birds' habitat improvement. The inadequacy is not the absence of a bird assessment; it is that the enhancement/offset argument and the no-significant-effect conclusion are interwoven in the same section without any visible methodological firewall, despite the NIS's own statement that compensation cannot be considered within the NIS.
💡 Why this is wrong
The NIS expressly says compensation for adverse effects, including creation of alternative habitat, is not permitted to be considered within the NIS. Yet the bird report's Section 4.3.2 places the claim that well-managed solar farms can hold up to twice as many birds directly before the conclusion that Golden Plover will not be significantly affected, and then partly rests that conclusion on alternative improved grassland being available. That sequencing reads as using future habitat enhancement or offsite alternative habitat to offset the loss or alteration of SPA-linked foraging land. If the AA/NIS conclusion for Lough Ree SPA depends on that offset, it no longer satisfies Article 6(3) of the Habitats Directive, because adverse effects on the integrity of a European site must be excluded on the basis of the project as proposed, not on compensatory gains. In PL17-311536, the planning decision refused a solar scheme because the NIS was 'not based on best available scientific information' and its conclusions could not be relied upon with scientific certainty. Here the same scientific uncertainty remains unless the applicant demonstrates the bird conclusions stand independently of the beneficial-enhancement argument.
⚠️ Specific deficiency
The applicant's Ecological Survey for Birds (March 2026, p.12, Section 4.3.2) inserts a post-construction habitat-enhancement and 'twice as many birds' argument into the loss-of-foraging-habitat impact analysis and then concludes no likely significant impact on Golden Plover without stating that this conclusion rests only on the species' sporadic use and abundant offsite habitat, not on the enhancement. The NIS (docid 379227, Section 2.2) states the correct prohibition on compensation, but its later Section 5.1.5 reasoning for Lapwing and Golden Plover also points to 'other habitat they can move to' without explaining why this is not an ex-situ offset. The ecological chapter in Other Assessments (docid 379149) reproduces the Stage 2 AA framework but does not identify or resolve this contradiction.
⚖️ Risk to address
Argue that the Natura Impact Statement/Appropriate Assessment relies on post-construction habitat creation or alternative offsite habitat to offset the loss/alteration of SPA qualifying bird foraging habitat, contrary to the applicant's own stated methodology, and that therefore adverse effects on the integrity of Lough Ree SPA cannot be excluded with scientific certainty, as in PL17-311536 and cork_county_22/6901 (insufficient information to remove reasonable scientific doubt).
📊 Precedent pattern
No comparable refusal on this ground that the appeal board upheld was confirmed; the point rests on the application documents.
📖 Relevant legislation / policy
📚 Precedent cases
  • PL17-311536 — refused · Meath County Council · 46% match
    Lands Including Rogerstown, Smithstown, Calliaghstown,, Pilltown and Ballymad, D
    It is considered that the submitted Natura Impact Statement is not based on best available scientific information. In the absence of adequate baseline information, including the limited extent and the nature of the field surveys undertaken, the conclusions presented in the Natura
  • cork_county_22/6901 — refused · cork_county · 22% match
    Ballyroe & Dromin Ballyhea Charleville Co.Cork
    The proposed development will result in the direct loss of an area of core foraging habitat Whooper Swan, a Species of Conservation Interest (SCI) of the Kilcolman Bog Special Protection Area (Site Code: 004095). Furthermore, based on the recent information provided to the Pla

Detailed assessment

The NIS correctly states that "compensation for adverse effects (i.e. creation of alternative habitat) is not permitted to be considered within the NIS." But the Ecological Survey for Birds also points to post-construction habitat improvement as potentially beneficial: "recently published research has suggested that solar farms, if managed correctly to reduce sheep grazing onsite and to create a mix of habitats within the site, can hold up to twice as many birds as intensively managed farmland (Copping et al, 2025)." The assessor should verify that the conclusion on loss/alteration of terrestrial foraging habitat for Lapwing, Golden Plover and Whooper Swan does not rely on that proposed enhancement/compensation to offset adverse effects. If it does, the AA/NIS would be departing from its own stated methodology and leaving residual scientific doubt of the kind found material in cork_county_22/6901 and PL17-311536.

📄 Source documents

  • Conservation Report — p.15Review this page for evidence related to this finding....alternative roosting sites are widely available. 4.3.3 Collision risk There is currently limited scientific evidence documenting the effects of solar farms on bird species in the UK and Ireland
  • Other Assessments (docid 379156) — p.12Review this page for evidence related to this finding.7 784-B071661 GP-TEM-006-02 4.0 RECOMMENDATIONS AND CONCLUSION The majority of existing hedgerows, treelines, and trees will be retained within the site (correspondence received 29th April 2025)
  • NIS (docid 379227) — p.21Review this page for evidence related to this finding....extent that it is no longer significant. Note that, unlike standard Ecological Impact Assessment, compensation for adverse effects (i.e. creation of alternative habitat) is not permitted to be co

Cases cited

cork_county_22/6901, PL17-311536

Policy / guidelines cited

none cited

What to watch for

  • Whether the NIS/AA excludes biodiversity enhancement and habitat creation from its integrity conclusions.
  • Whether residual habitat loss for terrestrial-foraging SPA SCI is assessed without offsetting against post-construction grassland/wildflower habitat improvements.
  • Whether any reliance on Copping et al. is limited to non-NIS ecological appraisal and does not inform the Article 6(3) conclusion.
Securing of nesting-season and wintering-bird timing restrictions in CEMP/BMP not evidencedTier 1HIGH RISKWhether the nesting-season and wintering-bird timing measures are secured in the CEMP and Biodiversity Management Plan is not evidenced in the supplied excerpts; this is a mitigation-sufficiency point, not an absence.

📋 Evidence brief — what we found

🎯 Key evidence
mitigation measures should include, but not be limited to, the following: 1. timing of site clearance works and construction: there are no recommendations for restrictions on timing of site works in relation to overwintering birds.
— Conservation Report, page 14 — 794-NI-PLE-03028XX Ecological Survey for Birds, March 2026, Section 5 Recommendations, Enhancement & Opportunities, item 1.
🗣️ In plain English
The question is whether the construction rules actually protect birds. The bird surveys find that hedgerows, treelines and trees are the main places birds use, and recommend avoiding vegetation removal in the nesting season, March to September [Other Assessments, docid 379156, s.4.0]. The Construction Environmental Management Plan repeats the March to September timing only as a 'should' recommendation [CEMP, p.54], and the supplied documents do not show it made binding or reflected in a Biodiversity Management Plan. The overwintering bird report contains no recommendation to restrict the timing of site works in relation to overwintering birds, and the excerpts do not evidence any wintering-period restriction linked to Lough Ree Special Protection Area species [Conservation Report, p.14]. Regulation 27(4)(b) of the European Communities (Birds and Natural Habitats) Regulations 2011 requires public authorities outside special protection areas to strive to avoid pollution or deterioration of habitats [reg. 27(4)(b), S.I. 477/2011]; in practice the Board must weigh that duty when deciding the application.
📖 Legal basis
the planning authority/Board must decide in accordance with the proper planning and sustainable development of the area, weighing all material considerations. European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. 477/2011), Regulation 27(4)(b) requires public authorities, outside special protection areas, to "strive to avoid pollution or deterioration of habitats", and Regulation 27(4)(a) requires appropriate steps to avoid "any disturbances affecting the birds" in candidate SPAs insofar as significant. The development plan guidelines 2007 (p.93) state that "Only activities which do not have significant effects on birds are acceptable in SPA’s." No more specific statutory requirement for March-September or wintering timing restrictions is established from the supplied sources; the seasonal restriction is therefore a material mitigation and condition-sufficiency consideration under section 34.
📂 What's on file
  • Other Assessments (docid 379156, internal reference 784-B071661 GP-TEM-006-02) — contains the 7–11 July 2025 bird field survey, desk study results, limitations, and recommendations. It explicitly records that the survey "does not replicate or represent a full season of Breeding Bird Surveys" and that a full breeding bird survey records bird assemblages at regular intervals throughout March to August. Section 4.0 states "All construction and vegetation clearance works should be scheduled to avoid the nesting bird season, between March and September", but the supplied excerpt cuts off before showing how this is secured.
  • Conservation Report (no docid supplied; internal references 784-B071661 GP-TEM-006-02 and 794-NI-PLE-03028XX Ecological Survey for Birds, March 2026, RPS) — is the RPS overwintering bird report only ('This report discusses overwintering birds only'); the nesting-season 'Timing of Works' recommendation (March to September) is in the Tetra Tech Other Assessments, not this report. In the same document, the RPS overwintering bird report at page 14 states under Recommendations: "There are no recommendations for restrictions on timing of site works in relation to overwintering birds" and later "This report discusses overwintering birds only."
❌ What's missing
The CEMP (docid 379170, p.54) restates the March-to-September nesting-season timing measure, but as a 'should' recommendation; the supplied excerpts do not show it secured as a binding commitment or reflected in a Biodiversity Management Plan. The excerpts also do not evidence any wintering-period restriction linked to Lough Ree SPA special conservation interest species, and the RPS overwintering report expressly disclaims any such restriction. This is therefore a mitigation-adequacy gap rather than a finding that no bird survey exists.
💡 Why this is wrong
The application acknowledges that hedgerows, treelines and trees are important bird habitats, yet the mitigation chain is incomplete. The breeding-bird reports recommend a March-September restriction, but the RPS overwintering report says no winter timing restrictions, so works could be carried out at times when Lough Ree SPA wintering birds are present in nearby fields. If the CEMP/BMP do not actually require the seasonal restrictions, the decision would rest on unenforceable advisory measures and could be vulnerable to judicial review for failure to secure proper planning and sustainable development.
⚠️ Specific deficiency
In Other Assessments (docid 379156), the applicant's own ecologist limited the July 2025 bird work by saying it "does not replicate or represent a full season of Breeding Bird Surveys" and "serves to provide a species list from existing biological records plus incidental observations"; this weakens the baseline for the nesting-season restriction. The Tetra Tech Other Assessments recommend a March-to-September nesting-season restriction, whereas the separate RPS overwintering report (Conservation Report, p.14) says there are no timing restrictions for overwintering birds. Nothing in the supplied excerpts shows that the recommended nesting restriction was incorporated as a binding condition in the Construction Environmental Management Plan or Biodiversity Management Plan, or that the conflicting wintering position was resolved by the applicant/planner.
⚖️ Risk to address
The objector should argue that the applicant has not demonstrated that the CEMP and Biodiversity Management Plan will legally require construction and hedge/treeline removal to be restricted during the March-September nesting season, nor that Lough Ree SPA wintering SCI species are protected from disturbance; permission should be refused or conditioned to require both seasonal restrictions.
📊 Precedent pattern
No comparable refusal on this ground that the appeal board upheld was confirmed; the point rests on the application documents.
📖 Relevant legislation / policy
📚 Precedent cases

Detailed assessment

The applicant's ecology documents recommend avoiding vegetation clearance during the bird nesting season (stated as March to September). The bird survey identifies treelines/hedgerows as the main bird-use habitats within the site, so the assessor should verify whether the CEMP and Biodiversity Management Plan incorporate equivalent seasonal timing restrictions for vegetation removal and hedge/treeline works, and whether construction scheduling is tied to the wintering period for Lough Ree SPA SCI to minimise disturbance to Whooper Swan, Golden Plover or Lapwing if they use nearby fields. This is a condition-sufficiency/mitigation-adequacy matter rather than a finding that the restriction is absent.

📄 Source documents

  • Other Assessments — p.11Review this page for evidence related to this finding....Information Response - Ballymahon Solar + BESS The Archaeological report also sets out a detail conservation strategy of all known and potential archaeological features and deposits. The Appli
  • Conservation Report — p.86Review this page for evidence related to this finding.Ballymahon Solar Farm and BESS Outline Badger Conservation Plan 5 784-B071661 GP-TEM-006-02 Our Ecologists follow CIEEM’s (The Chartered Institute of Ecology and Environmental Management) Code
  • Other Assessments (docid 379156) — p.5Review this page for evidence related to this finding....desk-based review of historic bird data within a 2 km radius of the site. It identifies species of conservation concern and those with legal protection to inform avoidance, mitigation, and habita

Cases cited

eplanning_LimerickCC_25105

Policy / guidelines cited

none cited

What to watch for

  • Whether the CEMP/Biodiversity Management Plan includes a no-vegetation-removal window covering the bird breeding season.
  • Whether construction/delivery works are scheduled to avoid the main wintering period for Lough Ree SPA SCI using terrestrial habitat.
  • Whether hedgerow/treeline removal or pruning works are the subject of explicit ecological supervision and seasonal restrictions.
Battery storage fire safety parameters not fixed up-frontTier 1HIGH RISKThe deferral of battery fire-safety parameters is a material unresolved public-safety gap, and a comparable Kildare solar/BESS application was refused for not demonstrating fire-safety appropriateness (eplanning_KildareCC_2560083).

📋 Evidence brief — what we found

🎯 Key evidence
the specific battery technology, its chemical composition, and the corresponding fire suppression system details will be finalised upon the selection of the bess supplier. full safety details and the associated emergency response plan are to be formally submitted to and agreed upon in writing with the relevant fire authority prior to the commencement of installation or operation of the bess units.
— Fire Safety Statement Ballymahon Solar + BESS (docid 379180), page 8 of 25 — Section 2.2.1 Fire Safety and Operation Commitment
🗣️ In plain English
The Board must decide the application in accordance with the proper planning and sustainable development of the area and must weigh all material considerations, including public safety and environmental risk. No more specific battery-storage statutory or guideline requirement is established from the authority sources supplied, so the fire-safety gap falls to be weighed in that general planning balance. The Fire Safety Statement confirms that battery technology and fire-suppression details will be finalised on selection of the BESS supplier, with the full safety details and emergency response plan to be agreed in writing with the Fire Authority [379180].
📖 Legal basis
the planning authority/Board must decide in accordance with the proper planning and sustainable development of the area and must weigh all material considerations, including public safety and environmental risk. No more specific BESS-related statutory or guideline requirement is established from the authority sources supplied.
📂 What's on file
  • Fire Safety Statement Ballymahon Solar + BESS (docid 379180, 25 pages, PlanEnergy) — describes the BESS compound and commits to finalising battery technology, chemical composition and suppression systems only upon supplier selection, with full safety details and the Emergency Response Plan to be agreed with the Fire Authority before installation/operation (p.8).
  • BESS report (docid 379152, 32 pages) — confirms 56 modular, containerised battery enclosures and 18 step-up transformers; states the specific model and design of the BESS containers will be confirmed at a later stage, and that ‘A condition of a planning permission to agree on the exact type of container would be welcomed’ (p.23 of 32).
  • CEMP Ballymahon Solar + BESS (docid 379170, 96 pages) — Section 9.3 sets out fire suppression, toxic fume and firewater measures, but states the specific model of the BESS containers will be determined at a later stage; proposes bunded drainage and settlement ponds sized to hold 24 hours of firewater storage (pp.93-94).
  • EIA Screening Report Ballymahon Solar + BESS Farm (docid 379174, 77 pages) — repeats the BESS compound description and deferral of the container model/design to a later stage, with a planning condition to agree the exact type welcomed (p.27).
  • Fire Safety Assessment – Ballymahon Solar Farm BESS Facility (Unsolicited Information, Regent Fire Consultants, ref 2547282IE-FSA-DM) — identifies hazards and mitigation but states its recommendations are ‘not intended to be a system specification’ and are recommendations rather than a legal obligation, and requires a full review prior to construction and Fire Service consultation prior to commencement (pp.39-40, 46, 54-55).
❌ What's missing
The application does not demonstrate up-front, fixed fire-safety parameters; it defers the BESS supplier/model, battery chemistry, suppression specification, Fire Authority sign-off to post-permission or pre-construction steps. This is not an absence but inadequacy: the information supplied is too generic and conditional to allow the Board to conclude that the proposed 56-unit BESS is safe and environmentally acceptable at the decision stage.
💡 Why this is wrong
This is a material public-safety and environmental issue, not a design detail that can properly be left to a condition or post-permission consultation. The Board must decide on adequate evidence now. A comparable solar and battery-storage proposal was refused by Kildare County Council in eplanning_KildareCC_2560083 because the applicant had not demonstrated fire-safety appropriateness for on-site battery storage, specifically including environmental considerations. That leaves the safety case unresolved at the time the decision is made.
⚠️ Specific deficiency
The applicant’s Fire Safety Statement (docid 379180, p.8) expressly postpones the battery technology, chemistry and suppression details until after the BESS supplier is selected, and says full safety details and the Emergency Response Plan will be submitted to and agreed with the Fire Authority before commencement. The BESS report and EIA Screening Report repeat that the container model is to be confirmed later and explicitly invite a planning condition to agree the exact type. This is the same gap identified in the comparable refusal eplanning_KildareCC_2560083.
📊 Precedent pattern
Comparable refusal(s) on this ground, listed individually for direct verification: eplanning_KildareCC_2560083 (insufficient for a blanket pattern).
📖 Relevant legislation / policy
  • Electricity Storage Policy Framework for Ireland 2024 p.89national policy
    Annexes — Annex A: 18 BESS Installations
    No. Battery Name Capacity (MW) Energised Date Owner 1 Aghada I BESS 01 19 Dec 2021 ESB GEN 2* Aghada II 75 Mar 2024 ESB GEN Aghada II 75 Apr 2024 3 Avonbeg Battery 16 Oct 2022 Avonbeg Storage Ltd 4 Gardnershill 8.5 Dec 2020 Flexilia Power Ltd 5 Gorey Battery 9 Dec 2021 RES Storage Ireland Ltd 6 Barnesmore ESS Golagh 3 Mar 2022 Scotti
  • Electricity Storage Policy Framework for Ireland 2024 p.76national policy
    4 Safety and Regulation — policy framework also recognises that the safe and regulated integration of electricity storage
    See Electricity Storage Policy Framework for Ireland 2024, 4 Safety and Regulation, policy framework also recognises that the safe and regulated integration of electricity storage, cited in full above.
  • Electricity Storage Policy Framework for Ireland 2024 p.78national policy
    4 Safety and Regulation — 4.2.2 European Union Directives
    (Cited in full above.)
  • Electricity Storage Policy Framework for Ireland 2024 p.3national policy
    4.4 Irish Context.......................................................................................................... 80
    Annexes .............................................................................................................................. 88 Annex A: 18 BESS Installations ....................................................................................... 88 Annex B: Electricity Storage System Technologies........................................
  • Electricity Storage Policy Framework for Ireland 2024 p.116national policy
    List of Abbreviations
    See Electricity Storage Policy Framework for Ireland 2024, List of Abbreviations, cited in full above.
📚 Precedent cases
  • eplanning_KildareCC_2560083 — refused · Kildare County Council · 25% match
    Townlands of Portgloriam Clonsast Ballybrack Ballyloughlan Farrandum , Clonduff
    Having regard to the significant dearth of information within the Appropriate Assessment Screening and Natura Impact Statement in relation to surveys, habitats and species and the impact of the proposed development on the Rye Water Valley/Carton SAC, Ballynafagh Lake SAC and B

Detailed assessment

The proposals include 56 containerised storage modules and a Fire Safety Assessment/BESS Compound Report is on file. In eplanning_KildareCC_2560083, refusal included failure to demonstrate fire-safety appropriateness for on-site battery storage and missing environmental/fire details. The assessor should VERIFY whether the Fire Safety Assessment and BESS Compound Report now demonstrate compliance with national BESS fire-safety expectations, including fixed supplier/model, Fire Authority consultation and firewater containment, rather than deferring those matters to detailed design or pre-construction.

📄 Source documents

  • Other Assessments (docid 379142) — p.10Review this page for evidence related to this finding....upplier has been selected the full safety details of the BESS units are to be agreed with the Fire Authority prior to the development taking place. It is noted that the applicant submitted a
  • Other Assessments (docid 379180) — p.22Review this page for evidence related to this finding....upplier has been selected the full safety details of the BESS units are to be agreed with the Fire Authority prior to the development taking place. It is noted that the applicant submitted
  • Conservation Report — p.37Review this page for evidence related to this finding....ares of developable land. The site is comprised of three land areas, labelled as Site 1, 2 and 3. Proposals The proposed development includes approximately 700,000 sqm of solar PV arrays (340,0

Cases cited

eplanning_KildareCC_2560083

Policy / guidelines cited

none cited

What to watch for

  • Whether the Fire Safety Assessment fixes the final BESS supplier/model and fire suppression strategy before decision.
  • Whether Fire Authority consultation and response are secured pre-commencement rather than deferred.
  • Whether firewater containment/run-off strategy reflects the 56-module layout and separation distances.
Final delivery route and daily HGV numbers deferred; no capacity analysis shown for local roadsTier 1HIGH RISKThe application defers route-specific HGV volumes and the final delivery route; one earlier Kerry refusal cited road-safety grounds, but one case does not show a pattern.

📋 Evidence brief — what we found

🎯 Key evidence
construction and delivery vehicle movements will be scheduled outside the morning and evening peak traffic periods; therefore, the impact on the local road network during construction is expected to be minimal. traffic management measures to address temporary construction traffic impacts are outlined in section 10. deliveries to the site will arrive at a steady rate during the day, the majority of which will consist of lorries that will be brought onto the site over the excavation period of the construction stage of the development, and during the panel installation. the number of vehicles per day is not yet known; however, an estimation for the number of deliveries is presented in table 4.1. the final number of deliveries will be calculated prior to the commencement of work.
— Other Assessments (docid 379173), 'OTMP Ballymahon Solar + BESS File No. 1250', page 20 of 66 — Section 4.1 Anticipated Traffic Volumes During the Construction Phase.
🗣️ In plain English
OPR Practice Note PN03 — Planning Conditions (October 2022), G.2 states that a construction-phase TMP should detail the road network for construction traffic, over-sized loads, and protection of bridges, culverts and other structures [OPR PN03, G.2]. The supplied application documents do not evidence those details, so the Council cannot confirm the construction traffic route and protection measures.
📖 Legal basis
The supplied OPR Practice Note PN03 — Planning Conditions (October 2022), G.2 Traffic Management Plan indicates that a construction-phase TMP should ‘incorporate details of the road network to be used by construction traffic including over-sized loads, detailed proposals for the protection of bridges, culverts and other structures to be traversed’; the supplied application documents do not evidence that level of route-specific detail. No more specific statutory traffic-assessment requirement is established from the available sources.
📂 What's on file
  • Other Assessments (docid 379173) — the 'OTMP Ballymahon Solar + BESS' / Traffic Management Plan & Site Access Report, 66 pages. Section 4.1 says construction traffic will avoid peak periods and the impact is expected to be minimal, but also states 'The number of vehicles per day is not yet known' and defers the final count to before commencement of work. Table 4.1 lists 1,731 total deliveries including 56 BESS units, 515 substation/electrical equipment deliveries and 616 imported crushed stone deliveries. The summary says the final delivery route will be confirmed with Longford County Council before construction starts and that only an 'initial inspection' of R392/R397/L5527 has been carried out.
  • Other Assessments (docid 379170) — the CEMP Ballymahon Solar + BESS, File No. 1249, 96 pages. Its Section 4 Traffic Management repeats the same Table 4.1 and the statement that daily vehicle numbers are not yet known, and refers to the OTMP as the separate supporting document.
  • Other Assessments (docid 379149) — the ECR Ballymahon Solar Farm, 193 pages. Section 13 Traffic and Transport repeats that the number of vehicles per day is not yet known and that delivery routes will be established with Longford County Council before commencement; it concludes construction traffic impacts on other road users are 'slight, negative, and of short-term duration' without a route capacity or junction analysis.
  • Other Assessments (docid 379174) — the EIA Screening Report Ballymahon Solar + BESS Farm, 77 pages. It identifies 'a potential for localized impacts on traffic flow along the construction delivery route' but relies on a Site Access Report and a pre-commencement CTMP to mitigate impacts, and concludes no significant adverse traffic impacts without quantified trip generation or capacity analysis.
❌ What's missing
Peak daily HGV movements are not derived to route level: Table 4.1 gives a total of 1,731 deliveries, yet the OTMP summary describes an estimated 100 deliveries per month, averaging six trips per day with a peak of eight trips per day, and no reconciliation is shown. Staff vehicle trips are not added to the daily movement total, despite the ECR noting a workforce peak of about 100 personnel during the substation stage. The final delivery route and final delivery numbers are deferred until after permission, so the planning authority cannot test the actual road-safety implications of the proposed development.
💡 Why this is wrong
In this application, deferring the final delivery route and final delivery count until after permission creates a risk that the decision is made without the information needed to safeguard road users and protect the local road network.
⚠️ Specific deficiency
The applicant submitted an OTMP, CEMP, ECR and EIA Screening Report that all rely on the same qualitative statements. the CEMP (docid 379170) repeats the same table and deferral. There is no evidenced reconciliation between the OTMP summary's '100 deliveries per month' and Table 4.1's total of 1,731 deliveries, and no route-by-route distribution of the 56 BESS units or 515 substation/electrical equipment deliveries.
📊 Precedent pattern
Too few to establish a pattern.
📖 Relevant legislation / policy
  • Longford County Development Plan 2021-2027 p.432dev plan
    CHAPTER 16: DEVELOPMENT MANAGEMENT STANDARDS
    427 DMS16.109 Proposed applications for such facilities should include a detailed design statement including the following: a) The need for school accommodation. b) Justification for proposed site location. c) Details on accessibility, including pedestrian, cycle and public transport provisions and linkages to the proposed development. d) Provi
  • quarries and ancillary activities p.16s28 guideline
    Chapter 3: Environmental implications 3.1 Overview of environmental issues associated with quarries There is a wide range of potential environmental effects caused by quarries which planning authorities need to consider when dealing with proposals for new development, or for significant expansion of existing extractive industries. Such impacts may arise during the development stage (e.g. earth stripping operations) or may endure throughout the life of the quarry, possibly over several decades. The impact can be permanent, even after closure and decommissioning, unless carefully planned rehabilitation is undertaken. Ancillary developments, such as concrete manufacturing, also may have significant impacts which need to be addressed at the outset, so that the cumulative effects from the site might be assessed. It is recommended that planning authorities should familiarise themselves with evolving best environmental management practice as set out in Environmental Protection Agency (EPA) guidelines “Environmental Management in the Extractive Industry: Non-Scheduled Minerals”(see Appendix B for details). The Irish Concrete Federation (ICF) has drawn up an Environmental Code for the aggregate and concrete product industries, to promote member awareness of, and commitment to, good environmental principles (see Appendix B). The principal environmental impacts which tend to occur, and relevant possible mitigation measures, are set out below. (See Appendix A for a glossary of technical terms used in this and following chapters). 3.2 Noise and vibration Extractive industries are associated with many noise-generating activities – removal of topsoil and overburden, excavation with machinery, drilling and blasting of rock, crushing and screening of aggregates, transport of raw materials and finished products within the site and on public roads, etc. Blasting (which occurs at quarries, but not in sand and gravel pits) can give rise to vibration, audible noise, flyrock and dust. The levels of vibration caused by blasting are well below those which can cause structural damage to properties. Nonetheless, vibration transmitted through the ground and pressure waves through the air (“air overpressure”) can shake buildings and people and may cause nuisance. Audible noise accompanies overpressure. Noise can cause annoyance, nuisance, sleep disturbance and can also affect wildlife. Residential properties, schools, hospitals, nursing homes, churches, etc. are also noise-sensitive receptors. Best practice/possible mitigation measures: The nearer a site to noise-sensitive properties or areas, the more stringent should be the controls on noise emissions. There are several methods of noise control:
    he existing character of the area, and the nature and scale of the aggregates extraction, a variety of after-uses may be possible, including farming, forestry, recreation/amenity uses, nature conservation, or industry. Where the excavated area will be below the water table, a landscaped pond or lake may be possible. It is important that the accep
  • Draft Revised Wind Energy Development Guidelines (2019) p.206s28 guideline
    3 CONSTRUCTION AND DECOMISSIONING NOISE CONTROL — 3.1 CONSTRUCTION AND DECOMMISSIONING NOISE CRITERIA
    mpact of construction activities. 200  Limit normal working hours to 08:00 to 18:00 for weekdays and 09:00 to 13.00 on Saturdays during construction. No work shall take place at night-time, Sundays or bank holidays unless prior written approved permission is provided by the planning authority for a specific defined time period.  Comply at a m
  • Draft Revised Wind Energy Development Guidelines (2019) p.130s28 guideline
    CHAPTER 6 CONSIDERING AN APPLICATION FOR WIND ENERGY DEVELOPMENT- AESTHETIC CONSIDERATIONS IN THE SITING AND DESIGN — 6.12.4 Roads/Tracks
    The impact of access routes on landscape can be minimised by sensitive routing and design.  The number and extent of roads/tracks serving the site should be kept to a minimum. Access routes should utilise existing roads where possible.  Access roads/tracks should relate to key characteristics of landscape, e.g., the roads should not follow a s
  • wind energy development guidelines 2006 p.79s28 guideline
    73
    • The number and extent of roads/tracks serving the site should be kept to a minimum. Access routes should utilise existing roads where possible. • Access roads/tracks should relate to key characteristics of landscape, e.g., the roads should not follow a straight line up a Mountain Moorland slope directly to the wind energy development, but rather
📚 Precedent cases

Detailed assessment

The TMP states that "the impact of construction traffic will be considered short-term and not significant, as construction and delivery vehicles will travel to and from the site outside of peak traffic periods" (Traffic Management Plan & Site Access Report, p.51). That qualitative statement should be tested for adequacy against the need to quantify vehicle types, peak daily HGV movements, route distribution and road capacity, including deliveries associated with 56 containerised BESS modules and 18 MV stations. The assessor should verify whether the Traffic and Transport Assessment provides a robust trip-generation and capacity analysis for the R397/L5527 and the link roads.

📄 Source documents

  • Other Assessments (docid 379170) — p.39Review this page for evidence related to this finding....el, contractors, and supervisory staff accessing the site daily. • Heavy Goods Vehicles (HGVs) — Deliveries of materials, equipment, and key components required for both the PV installation and
  • Other Assessments (docid 379173) — p.51Review this page for evidence related to this finding....10 TRAFFIC MITIGATION MEASURES For the proposed solar farm works, all temporary traffic management arrangements will be designed and implemented in full compliance with Chapter 8 of the Traff
  • Other Assessments (docid 379170) — p.40Review this page for evidence related to this finding....sures to address temporary construction traffic impacts are outlined in the following sections. Deliveries to the site will arrive at a steady rate during the day, the majority of which will c

Cases cited

eplanning_KerryCC_201284

Policy / guidelines cited

none cited

What to watch for

  • Quantified construction HGV and delivery flows by phase and vehicle type
  • Route distribution and cumulative impact on the R397, L5527 and connecting roads
  • Peak-hour and school-hours interactions
  • BESS module deliveries and abnormal-load requirements
Pavement inspection and final route agreement deferred post-consentTier 1HIGH RISKMaterial gap: the traffic plan defers the detailed pavement inspection and final route agreement until after permission, so road condition on the haul route cannot be assessed at decision stage.

📋 Evidence brief — what we found

🎯 Key evidence
this inspection was undertaken to confirm that the pavement along the reviewed roads is suitable for consideration as a possible delivery route. as the final delivery route will be confirmed and agreed with longford county council prior to the commencement of construction works, a further detailed pavement inspection will be conducted at that stage to verify suitability and identify any necessary mitigation measures.
— Traffic Management Plan & Site Access Report — OTMP Ballymahon Solar + BESS (docid 379173), page 37 — Section 7 Pavement Conditions Along Proposed Routes.
🗣️ In plain English
CPO 5.24 requires a Road Safety Impact Assessment for significant development with potential implications on major transport infrastructure, and CPO 5.26 requires specific road-network impact information [CPO 5.24/5.26, Longford County Development Plan 2021–2027]. This makes road-impact information necessary for assessment.
📖 Legal basis
Longford County Development Plan 2021–2027, Chapter 5: Transport, Infrastructure, Energy & Communications (p.143), CPO 5.24 requires the inclusion of a Road Safety Impact Assessment for significant development with potential implications on major transport infrastructure; CPO 5.26 requires provision of specific information on the potential impact on the road network and submission of the required roads form as outlined in the Longford County Council Planning Pack.
📂 What's on file
  • Traffic Management Plan & Site Access Report, prepared as OTMP Ballymahon Solar + BESS, File No. 1250 (docid 379173, 66 pages) — sets out road widths of R392/R397/L5527 generally 4.5–7.0 m, records an initial pavement inspection on 11 July 2025 with photographs, but states the inspection was only to confirm suitability as a 'possible delivery route' and defers further detailed inspection.
  • CEMP Ballymahon Solar + BESS, File No. 1249 (docid 379170, 96 pages) — Table 4.1 estimates 1,731 deliveries over a 12-month construction period; Section 4.3 states the route from Dublin Port to site is 'a potential option' and the definitive route will be agreed with Longford County Council before commencement.
  • ECR Ballymahon Solar Farm (docid 379149, 193 pages) — Chapter 13 Traffic and Transport states that delivery routes will be established with Longford County Council before commencement and that traffic management requirements will be enforced for the 12-month construction period.
❌ What's missing
The TMP/CEMP are present but inadequate on this point. The supplied excerpts record an initial visual inspection and then defer a further detailed pavement inspection and final route agreement to post-permission/pre-construction stage.
💡 Why this is wrong
The applicant asks for consent while the haul route and road condition baseline are expressly provisional. Longford Development Plan CPO 5.24 and CPO 5.26 require road safety and road-network impacts to be assessed before a decision; leaving the detailed pavement inspection and final route to be agreed after permission turns the evaluation into a condition rather than an assessment. The CEMP itself estimates 1,731 deliveries, yet the plan does not evidence pre-works condition recording, bonding or make-good. Granting on this provisional basis risks structural damage to rural roads being borne by Longford County Council and leaves the Board unable to find the development safe and orderly.
⚠️ Specific deficiency
The applicant's Traffic Management Plan & Site Access Report (docid 379173) records only an initial inspection and says a further detailed inspection is 'to be undertaken once the final route has been agreed' (p.37). The ECR (docid 379149) simply states delivery routes will be established with the council before commencement (p.187). None of these documents evidences a baseline dilapidation survey or a bonded reinstatement mechanism before route agreement, despite the scale of traffic and the rural road condition.
⚖️ Risk to address
Argue that ABP should refuse or require, as a condition precedent to construction, a pre-construction dilapidation/baseline condition survey of the full agreed haul route, a road structural adequacy and passing-bay/strengthening appraisal, and a legally binding bond/security for full reinstatement of public roads and drainage; in the absence of these, the road safety and structural impacts have not been adequately assessed and the development would be contrary to Longford Development Plan CPO 5.24/5.26 and proper planning.
📊 Precedent pattern
Too few to establish a pattern.
📖 Relevant legislation / policy
  • Longford County Development Plan 2021-2027 p.169dev plan
    CHAPTER 5: TRANSPORT, INFRASTRUCTURE, ENERGY & COMMUNICATIONS
    (Cited in full above.)
  • Longford County Development Plan 2021-2027 p.432dev plan
    CHAPTER 16: DEVELOPMENT MANAGEMENT STANDARDS
    See Longford County Development Plan 2021-2027, CHAPTER 16: DEVELOPMENT MANAGEMENT STANDARDS, cited in full above.
  • quarries and ancillary activities p.16s28 guideline
    Chapter 3: Environmental implications 3.1 Overview of environmental issues associated with quarries There is a wide range of potential environmental effects caused by quarries which planning authorities need to consider when dealing with proposals for new development, or for significant expansion of existing extractive industries. Such impacts may arise during the development stage (e.g. earth stripping operations) or may endure throughout the life of the quarry, possibly over several decades. The impact can be permanent, even after closure and decommissioning, unless carefully planned rehabilitation is undertaken. Ancillary developments, such as concrete manufacturing, also may have significant impacts which need to be addressed at the outset, so that the cumulative effects from the site might be assessed. It is recommended that planning authorities should familiarise themselves with evolving best environmental management practice as set out in Environmental Protection Agency (EPA) guidelines “Environmental Management in the Extractive Industry: Non-Scheduled Minerals”(see Appendix B for details). The Irish Concrete Federation (ICF) has drawn up an Environmental Code for the aggregate and concrete product industries, to promote member awareness of, and commitment to, good environmental principles (see Appendix B). The principal environmental impacts which tend to occur, and relevant possible mitigation measures, are set out below. (See Appendix A for a glossary of technical terms used in this and following chapters). 3.2 Noise and vibration Extractive industries are associated with many noise-generating activities – removal of topsoil and overburden, excavation with machinery, drilling and blasting of rock, crushing and screening of aggregates, transport of raw materials and finished products within the site and on public roads, etc. Blasting (which occurs at quarries, but not in sand and gravel pits) can give rise to vibration, audible noise, flyrock and dust. The levels of vibration caused by blasting are well below those which can cause structural damage to properties. Nonetheless, vibration transmitted through the ground and pressure waves through the air (“air overpressure”) can shake buildings and people and may cause nuisance. Audible noise accompanies overpressure. Noise can cause annoyance, nuisance, sleep disturbance and can also affect wildlife. Residential properties, schools, hospitals, nursing homes, churches, etc. are also noise-sensitive receptors. Best practice/possible mitigation measures: The nearer a site to noise-sensitive properties or areas, the more stringent should be the controls on noise emissions. There are several methods of noise control:
    See quarries and ancillary activities, Chapter 3: Environmental implications 3.1 Overview of environmental issues associated with quarries There is a wide range of potential environmental effects caused by quarries which planning authorities need to consider when dealing with proposals for new development, or for significant expansion of existing
  • wind energy development guidelines 2006 p.79s28 guideline
    73
    See wind energy development guidelines 2006, 73, cited in full above.
  • OPR Practice Note PN03 — Planning Conditions (October 2022) p.63technical guidance
    (b) Surface water from the site shall be prevented from running onto the surface of the public road by provision of a concrete grid with sump drained to the local drain or soakaway. (c) Adequate provision shall be made for drainage of surface water from the public road by the provision of a concrete grid with sump drained to a local drain or soaka
📚 Precedent cases
  • eplanning_TipperaryCC_19601430 — REFUSED · Tipperary County Council · 33% match
    Kyleagarry Kyle Ballyryan East and Gortdrum , Donohill , Co. Tipperary
    Having regard to the failure of the applicants to demonstrate compliance with these requirements with respect to the demonstration of sight lines, and the precedent that a grant of permission for the proposed development would create for other, similar developments in the vicinit
  • eplanning_GalwayCC_22406 — REFUSED · — · 8% match
    Ballymoneen/ Grange East ,

Detailed assessment

The report records pavement condition, widths, roadside drainage and utility infrastructure, and states that "the inspection confirmed the suitability of the reviewed roads as a potential delivery route, subject to a detailed pavement inspection to be undertaken once the final route has been agreed with Longford County Council" (Traffic Management Plan & Site Access Report, p.58).

📄 Source documents

  • Other Assessments (docid 379170) — p.39Review this page for evidence related to this finding....iveries of materials, equipment, and key components required for both the PV installation and BESS infrastructure. Expected HGV movements include deliveries of panel arrays, mounting systems, inv
  • Other Assessments (docid 379173) — p.51Review this page for evidence related to this finding....e placement of temporary traffic control devices to RECEIVED: 14/11/2025 Longford County Council - Inspection Purposes Only
  • Other Assessments (docid 379173) — p.57Review this page for evidence related to this finding....the link roads between the two sites. Pavement condition, widths, roadside drainage, and utility infrastructure were recorded. The inspection confirmed the suitability of the reviewed roads as a

Cases cited

eplanning_TipperaryCC_19601430, eplanning_GalwayCC_22406

Policy / guidelines cited

none cited

What to watch for

  • Baseline pavement and road condition survey
  • Road bond or reinstatement guarantee for damage caused by construction traffic
  • Passing bay locations and adequacy on the R397/L5527
  • Delivery route agreement and pre-construction road strengthening requirements
Public-road viewpoint coverage not confirmed for R397 and L5527Tier 1HIGH RISKThe glint/glare assessment's 'no roadway receptor over 5 minutes' conclusion is inconsistent with its own Table 5 and later modelling; glare to road users was a refusal ground in a comparable Wexford solar farm case (wexford_20231475).

📋 Evidence brief — what we found

🎯 Key evidence
the analysis determined that no roadway receptor had daily maximum glare duration over 5 minutes, which can be considered negligible in terms of impact.
— Other Assessments (docid 379150), page 50 — Roadway Receptors.
🗣️ In plain English
Solar panels can act like mirrors, especially when the sun is low in the morning, and throw bright reflections into drivers' eyes on nearby roads. This issue is about whether the developer's study actually checked every relevant stretch of the R397 and L5527 and used the worst-case morning conditions. If it didn't, An Bord Pleanála could approve something that creates a real dazzle hazard on those roads, just as Wexford refused a similar solar farm for that very reason.
📖 Legal basis
Longford County Development Plan 2021-2027, Chapter 5, p.169 requires submission of an associated report on 'Glint and glare and the potential impact on the adjoining road networks and dwellings'. Spatial Planning and National Roads Guidelines for Planning Authorities (2012), p.36 advises that 'Inappropriate building design or materials can also reflect light in a manner that may result in adverse effects on safety' and that highly reflective surfaces can 'impair drivers’ vision and cause distraction and thus create confusion and have adverse effects on road safety'. OPR Practice Note PN03 (October 2022), p.98 notes that a glint and glare condition 'relates solely to road users and traffic safety'. These are material considerations.
📂 What's on file
  • Glint and Glare Report, Ballymahon Solar Farm and BESS, August 2025, within Other Assessments (docid 379150, pages 49–51) — states 242 separate roadway receptor locations were analysed at 50m intervals, 50° field-of-view, 2m height, excluding glare within 10° of the sun; Table 5 lists 11 roadway receptors but its own table shows OP_16 at 6 min, OP_17 at 6 min and OP_18 at 5 min.
  • windPRO GLARE - Main result, calculation: roadway, within Other Assessments (docid 379150) — tabulates receptors OP_1–OP_242, including OP_10–OP_13 with 2 min daily maximum and OP_14–OP_18 up to 9 min.
  • F I Received Doc (docid 386931), windPRO GLARE - Main result, calculation: roadway_2026 — updated modelling shows OP_12 at 7 min, OP_13 at 6 min, OP_14 at 11 min, OP_15 at 11 min, OP_16 at 15 min, OP_17 at 18 min and OP_18 at 16 min, all in morning intervals 06:23–07:00.
❌ What's missing
The report states that 'Local roads within the buffer zone were not included due to the low level of traffic and slower speeds', so it is not shown that the 242 points cover the L5527 (a local road) or all public-road viewpoints along the R397, or that the 50m spacing and 50° FOV adequately capture the worst-case driver eye positions on those roads. The methodology excludes glare within 10° of the sun; for low morning sun this may screen out the very condition drivers experience. The assessment also reaches a 'negligible' conclusion that is inconsistent with its own data and the later updated results.
💡 Why this is wrong
This statement is directly contradicted by the same document’s Table 5, which lists OP_16 at 6 min and OP_17 at 6 min, and by the updated F I Received Doc (docid 386931) where OP_17 reaches 18 min and OP_16 15 min. Those are not negligible and occur 06:23–07:00, a peak morning driving period. Wexford refused a comparable solar farm in wexford_20231475 because the proposal 'would present an unacceptable and serious traffic hazard by reason of glare to road users'. If the applicant's assessment undercounts duration and does not demonstrate that every relevant R397/L5527 viewpoint was modelled, the Board lacks the evidence needed to safely grant permission.
⚠️ Specific deficiency
The applicant’s Glint and Glare Report (Other Assessments docid 379150, p.50) asserts a universal 'no over 5 minutes' conclusion while its own Table 5 lists 6-minute maxima, and the later F I Received Doc (docid 386931) pushes maxima to 15–18 min. It also excludes glare within 10° of the sun, which may filter out the low-sun morning hazard that Wexford treated as a refusal ground in wexford_20231475.
⚖️ Risk to address
Argue to ABP that the glint and glare assessment does not support a finding of no serious traffic hazard on the R397/L5527 because it understates peak morning glare and does not establish coverage of all road viewpoints; request a revised worst-case road-safety/glare assessment, citing wexford_20231475.
📊 Precedent pattern
3 refusal on a related ground (wexford_20231475); the other cases listed were refused on other grounds. Too few to establish a pattern.
📖 Relevant legislation / policy
📚 Precedent cases
  • wexford_20231475 — refused · wexford · 28% match
    Clohass, The Leap
    The proposed development is considered to be contrary to official policy in relation to development involving access to national roads, development along such roads is set out in the Department of the Environment, Climate and Communications Spatial Planning and National Roads
  • eplanning_LimerickCC_25105 — refused · — · 7% match
    Wellesley Farm , Dromtrasna Hartnett , Abbeyfeale Co. Limerick.
  • eplanning_KildareCC_2560083 — refused · — · 6% match
    Townlands of Portgloriam Clonsast Ballybrack Ballyloughlan Farrandum , Clonduff

Detailed assessment

The submitted glint and glare screening output tabulates "Total time Maximum daily glare duration" values of up to 7 min/day at receptors OP_12–OP_13 in the updated roadway_2026 modelling (F I Received Doc, windPRO GLARE Main result), while the report's own Table 5 lists OP_16 and OP_17 at 6 min/day despite stating that no roadway receptor exceeds 5 minutes. The assessor should assess whether those receptors include all public-road viewpoints along the R397 and L5527 and whether the modelling methodology adequately captures worst-case morning glare to drivers, since the Wexford planning authority refused a solar farm on the basis that the proposal "would present an unacceptable and serious traffic hazard by reason of glare to road users" (wexford_20231475).

📄 Source documents

  • Other Assessments (docid 379150) — p.85Review this page for evidence related to this finding....redicted the occurrence and intensity of glare at different times and days of the year. Several V1 calculations utilize the PV array centroid, rather than the actual glare spot location, due to al
  • Other Assessments (docid 379150) — p.96Review this page for evidence related to this finding....redicted the occurrence and intensity of glare at different times and days of the year. Several V1 calculations utilize the PV array centroid, rather than the actual glare spot location, due to al
  • Other Assessments (docid 379150) — p.106Review this page for evidence related to this finding....redicted the occurrence and intensity of glare at different times and days of the year. Several V1 calculations utilize the PV array centroid, rather than the actual glare spot location, due to al

Cases cited

wexford_20231475, eplanning_LimerickCC_25105, eplanning_KildareCC_2560083

Policy / guidelines cited

none cited

What to watch for

  • Whether the glint and glare receptor set includes road-user locations, not only dwellings
  • Seasonal and time-of-day worst-case modelling for drivers on the R397 and L5527
  • Vegetation/screening mitigation to prevent road-user glare
  • Cumulative glint and glare effects with other existing or permitted solar developments
Fire safety assessment is advisory; site-specific adequacy to be verifiedTier 1HIGH RISKThe fire-safety submission is advisory and defers final design, so its adequacy as an agreed, implementable fire-risk assessment needs verification.

📋 Evidence brief — what we found

🎯 Key evidence
these mitigation measures should be interpreted as recommendations rather than a legal obligation/requirement given the absence of clear and robust legislation/guidance within the republic of ireland at the time of writing. the information, opinion and recommendation presented within this section of the report is not intended to be a system specification but rather a summary of general fire/explosion safety provisions which it is recommended should be incorporated into the chosen bess unit based on the knowledge/experience of this consultancy.
— Unsolicited Information — Ballymahon Solar Farm BESS Facility, Fire Safety Advice and Assessment Report 2547282IE-FSA-DM, page 39 — Section 5.2 Mitigation Measures.
🗣️ In plain English
The developer’s fire-safety report for the solar farm’s battery storage says its mitigation measures are only recommendations, not a legal obligation, and that they will receive further review before construction [FSA-DM, p.39]. The council therefore cannot hold the developer to a specific fire-safety design now. Battery fires can threaten homes and roads, so planning conditions must be clear and binding. OPR Practice Note PN03 recommends that all submitted mitigation measures take effect in full [PN03, 2022]; the practical effect is that conditions expect final, enforceable mitigation, not later recommendations.
📖 Legal basis
OPR Practice Note PN03 (October 2022), p.31, condition A.5, recommends that 'all of the mitigation measures detailed in the submitted documentation, including the Environmental Impact Assessment Report (EIAR) and the Natura Impact Statement (NIS) shall be implemented in full within the timescales listed in the EIAR and the NIS', which presupposes that the submitted documentation contains final, enforceable mitigation. No more specific statutory or guideline requirement on fire-risk assessment for a BESS/solar farm is established from the available sources.
📂 What's on file
  • Other Assessments (docid 379180) — Fire Safety Statement Ballymahon Solar + BESS, File No. 1250, pages 17–19: commits to a bunded BESS drainage system, firewater containment of minimum 24 hours or as determined by Fire Authority, and pre-operations ERP, but states the specific containment capacity 'will be detailed and submitted upon final BESS design agreement' and ERP will be submitted 'prior to site operations'.
  • Unsolicited Information — Fire Safety Advice and Assessment Report 2547282IE-FSA-DM, Ballymahon Solar Farm BESS Facility, pages 39–40: Section 5.2 states mitigation measures are 'recommendations rather than a legal obligation/requirement' and 'not intended to be a system specification'; Section 5.2.1 says the report 'should be the subject of a full review prior to commencement of the construction phase'.
❌ What's missing
The submitted fire documentation is present, but its adequacy as an agreed, implementable Fire Risk Assessment Report is not evidenced. The supplied excerpts do not evidence a final site-specific assessment that fixes fire loads, ignition pathways, and agreed mitigation for the 56 BESS modules, 18 MV stations and panel arrays. Instead, the BESS module/product is not finally selected, firewater capacity is deferred to final design, ERP is deferred to pre-operations, and the report is explicitly advisory. No final document capable of being agreed in writing with the planning authority and implemented in full is evidenced in the supplied excerpts.
💡 Why this is wrong
The fire-safety submission is not a firm, enforceable commitment. Its own text disclaims legal obligation and says it will be reviewed before construction, so a planning condition requiring implementation 'in full' would not secure a defined fire-risk design. Here, no final agreed report is evidenced in the supplied excerpts — only preliminary advice. This matters for fire and public safety. If the Board grants based on this advisory document, the decision risks being unimplementable and vulnerable to challenge.
⚠️ Specific deficiency
The applicant's own Fire Safety Advice and Assessment Report states at page 39 that measures are not legal obligations and are not a system specification, and at page 40 that the report 'should be the subject of a full review prior to commencement of the construction phase.' The Fire Safety Statement (docid 379180) similarly defers containment capacity 'upon final BESS design agreement' and ERP 'prior to site operations'. The planning authority's acceptance is not evidenced as having converted these recommendations into an agreed, binding Fire Risk Assessment Report; no final report appears in the supplied excerpts.
⚖️ Risk to address
Objector should argue that the Board should not grant permission unless a final, site-specific Fire Risk Assessment Report for the 56 BESS modules, 18 MV stations and panel arrays is submitted, agreed in writing with the planning authority, and imposed as an enforceable condition with all mitigation and management measures implemented in full — not an advisory document that defers key details and is subject to future review. If the documentation remains preliminary, ABP should refuse.
📊 Precedent pattern
No directly comparable precedent confirmed in corpus — legal basis stands independently.
📖 Relevant legislation / policy

Detailed assessment

The test is whether a Fire Risk Assessment Report with site-specific mitigation and management measures can be agreed in writing with the planning authority and implemented in full. The file includes a Fire Safety Assessment, but its adequacy as an agreed, implementable fire-risk assessment for the 56 BESS modules, 18 MV stations and panel arrays is not evidenced in the documents reviewed. The assessor should VERIFY whether the Fire Safety Assessment specifies site-specific mitigation and management measures and is capable of being agreed in writing with the planning authority and implemented in full.

📄 Source documents

  • Other Assessments (docid 379180) — p.22Review this page for evidence related to this finding....mal runaway, including flammable gases Measures to extinguish and cool the battery modules, and Management of toxic gases, and Firefighter training. The applicant is required to prepare a
  • Other Assessments (docid 379142) — p.10Review this page for evidence related to this finding....rmal runaway, including flammable gases Measures to extinguish and cool the battery modules, and Management of toxic gases, and Firefighter training. The applicant is required to prepare and
  • Unsolicited Information — p.12Review this page for evidence related to this finding....ion and maintenance of the plant to include Fire and Explosion. iv. Submission of details on the Management of Potentially Explosive Atmospheres to include an explosion protection document and

Cases cited

none cited

Policy / guidelines cited

none cited

What to watch for

  • Fire risk assessment tied to BESS modules, MV stations and panel arrays
  • Specific mitigation and management measures rather than generic advisory text
  • Mechanism for written planning-authority agreement prior to commencement
  • Compatibility with CEMP, emergency access and water supply
Traffic Management Plan leaves final haulage route and pavement inspection to later agreementTier 1HIGH RISKSafety-critical traffic management details are deferred to post-permission agreement, a road-network adequacy point; a Galway solar refusal on related road-safety grounds exists but is not directly comparable.

📋 Evidence brief — what we found

🎯 Key evidence
a possible delivery route has been identified for assessment purposes, originating from dublin port and continuing to longford before proceeding to the proposed sites. the final delivery route will be confirmed and agreed with longford county council prior to the commencement of construction works. [...] an initial inspection of the r392, r397, and l5527 was undertaken on 11 july 2025, covering approximately 4 km from ballymahon to the proposed site entrances and including the link roads between the two sites. pavement condition, widths, roadside drainage, and utility infrastructure were recorded. the inspection confirmed the suitability of the reviewed roads as a potential delivery route, subject to a detailed pavement inspection to be undertaken once the final route has been agreed with longford county council.
— Other Assessments (docid 379173), page 57 — Section 11 Summary & Conclusions
🗣️ In plain English
The developer has submitted a construction traffic plan, but it doesn't actually lock down the details that matter for road safety — the exact truck route, the detailed road condition checks, and the precise hedge-cutting needed to keep sightlines safe at the site entrances are all left to be agreed with Longford County Council after planning permission. Councils may refuse or impose strict pre-commencement conditions when these details are incomplete, because they cannot judge whether local roads and entrances will be safe. This matters because the local roads around Ballymahon could be damaged or made dangerous if the final arrangements are not fixed before any construction starts.
📖 Legal basis
The decision falls to be made, which requires accordance with the proper planning and sustainable development of the area and consideration of material considerations. From the available sources, the more specific relevant material is best-practice guidance rather than a binding statutory requirement. OPR Practice Note PN03 — Planning Conditions (October 2022), G.2 (p.54), states that prior to commencement the developer shall submit a Traffic Management Plan for written agreement and that the TMP shall 'incorporate details of the road network to be used by construction traffic including over-sized loads, detailed proposals for the protection of bridges, culverts and other structures to be traversed, as may be required'. Spatial Planning and National Roads Guidelines for Planning Authorities (2012), §2.12 (p.27), advises that significant development proposals be accompanied by traffic and transport assessments and/or road safety audits. TII/DMRB AM-STR-06048 Annex C (p.41) advises that, for abnormal vehicle movements, the suitability of the vehicle to pass over specific structures should be assessed and a separate check made for height and width clearances. No more specific statutory TMP pre-commencement requirement is established from the sources supplied.
📂 What's on file
  • Other Assessments (docid 379173, 66 pages, by the applicant's traffic consultant) — contains 'OTMP Ballymahon Solar + BESS File No. 1250'. It includes Section 7 Pavement Conditions Along Proposed Routes, Section 9 Visibility Standards at Site Entrance, Section 10 Traffic Mitigation Measures and Section 11 Summary & Conclusions, with Appendix A possible delivery route maps, Appendix B initial swept analysis for normal loads, and Appendix C visibility drawings. The OTMP identifies a 'possible delivery route' from Dublin Port, records an initial inspection of the R392, R397 and L5527 on 11 July 2025, applies visibility standards from the Longford County Development Plan, and lists pre- and post-construction pavement condition surveys, banksmen/STOP-GO controls and temporary signage. Its conclusions state the development is acceptable, but it expressly defers the final route, detailed pavement inspection and exact hedge-trimming locations to later agreement with Longford County Council.
❌ What's missing
The supplied excerpts also do not evidence a route-specific abnormal load structure assessment following TII AM-STR-06048 Annex C or a pre-commencement road safety audit. This is a gap in adequacy: the document exists, but the safety-critical details are deferred rather than settled.
💡 Why this is wrong
The planning authority and the public are therefore being asked to judge a development without knowing which roads and structures will actually be used, whether those roads can safely carry construction and abnormal loads, or whether the required visibility at the R397 and L5527 entrances can actually be achieved. The OPR PN03 G.2 guidance expects a pre-commencement TMP to settle road network details and over-sized load protection; the TII Annex C sets out route/structure assessment for abnormal loads. The OTMP is an outline plan that leaves the final route, the detailed pavement inspection and the exact hedge-trimming locations to later agreement with the Council; whether that is acceptable, or whether these items should be fixed before the decision (or secured by a clear pre-commencement condition), is the point for the assessor to verify.
⚠️ Specific deficiency
The applicant's OTMP itself concedes the problem in Section 11: 'The final delivery route will be confirmed and agreed with Longford County Council prior to the commencement of construction works' and the initial pavement inspection is 'subject to a detailed pavement inspection to be undertaken once the final route has been agreed with Longford County Council'.
⚖️ Risk to address
Permission should be refused, or at minimum made subject to a clear pre-commencement condition requiring a detailed TMP containing all these elements to be submitted and agreed with the planning authority before any works start.
📊 Precedent pattern
2 refusal on a related ground (eplanning_GalwayCC_2361008); the other cases listed were refused on other grounds. Too few to establish a pattern.
📖 Relevant legislation / policy
  • TII/DMRB: Assessment of Road Bridges & Structures for Abnormal Load Vehicles (AM-STR-06048) p.41technical guidance
    ANNEX C MANAGEMENT OF ABNORMAL VEHICLE MOVEMENTS
    C1 General When the Local Authority receives a notification from a haulier for the movement of an abnormal vehicle, the suitability of the vehicle to pass over a specific structure may be assessed using the procedures given in this Annex. A separate check should be made for adequate height and width clearances for the safe travel of the abnormal v
  • TII/DMRB: Assessment of Road Bridges & Structures for Abnormal Load Vehicles (AM-STR-06048) p.44technical guidance
    ANNEX C MANAGEMENT OF ABNORMAL VEHICLE MOVEMENTS — SV80 SV100 SV196[AK1]
    A 1.58 1.28 1.00 B 1.54 1.21 1.04 C 1.25 1.02 1.12 D 1.28 1.01 1.13 National Roads Authority Volume 3 Section 4 Design Manual for Roads and Bridges Part 15 BD 86/15 April 2015 C/5 C9 Example 2: Regulated Movement of the abnormal load vehicle The detailed results available from the assessment of bridge D for the SV100 load model are given in
  • TII/DMRB: Assessment of Road Bridges & Structures for Abnormal Load Vehicles (AM-STR-06048) p.37technical guidance
    ANNEX B BASIS OF SV AND SOV LOAD MODELS FOR ASSESSMENT
    Load effects were calculated for all the SO vehicles over 150 tonnes recorded during 2004 and 2005. The vehicle effects were converted to equivalent Type HB Units and plotted as illustrated in Figure B.3. It can be seen that the effects of real vehicles range from some 20 to 140 equivalent Units of Type HB. Based on the results of load effects crit
  • TII/DMRB: Assessment of Road Bridges & Structures for Abnormal Load Vehicles (AM-STR-06048) p.6technical guidance
    1. INTRODUCTION
    General 1.1. This Standard allows the assessment of load effects from realistic abnormal load vehicles using SV and SOV load models, which produce more accurate results than the Type HB load model in NRA BD 37. In general this should offer the following benefits: (i) Attainment of higher load capacity ratings, particularly for structures with loa
📚 Precedent cases

Detailed assessment

required, prior to commencement, a detailed Traffic Management Plan including final haulage routes, road condition survey, abnormal load assessment, temporary traffic management and detailed site entrance/sightline design. The file includes a Traffic Management Plan and Traffic and Transport Assessment, but the sample passages do not settle whether final haulage routes, pavement condition surveys and temporary traffic arrangements are fixed pre-commencement or deferred to later Council agreement. The assessor should VERIFY whether the TMP adequately fixes those items rather than leaving them to later Council agreement.

📄 Source documents

  • Other Assessments (docid 379149) — p.66Review this page for evidence related to this finding.Page 66 of 193 ECR Ballymahon Solar Farm the CEMP prior to the commencement of any works on Site (Refer to the CEMP in Appendix 6B). 4.6.1.6 Traffic The appointed Contractor will assume re
  • Other Assessments (docid 379173) — p.51Review this page for evidence related to this finding....onmental Management Plan (CEMP). All measures will be agreed with Longford County Council prior to commencement and will be tailored to the specific characteristics of each work location to ensur
  • Conservation Report — p.91Review this page for evidence related to this finding....als for Ballymahon BESS development will likely result in a statutory offence occurring. 4.1 PRE-COMMENCEMENT SURVEY As badger are highly mobile species, baseline data should be maintained ahea

Cases cited

eplanning_KerryCC_201284, eplanning_GalwayCC_2361008

Policy / guidelines cited

TII/DMRB: Assessment of Road Bridges & Structures for Abnormal Load Vehicles (AM-STR-06048) / ANNEX C MANAGEMENT OF ABNORMAL VEHICLE MOVEMENTS p.41, TII/DMRB: Assessment of Road Bridges & Structures for Abnormal Load Vehicles (AM-STR-06048) / ANNEX C MANAGEMENT OF ABNORMAL VEHICLE MOVEMENTS p.41, TII/DMRB: Assessment of Road Bridges & Structures for Abnormal Load Vehicles (AM-STR-06048) / ANNEX B BASIS OF SV AND SOV LOAD MODELS FOR ASSESSMENT p.41

What to watch for

  • Final haulage routes and road condition survey methodology fixed pre-commencement
  • Abnormal load assessment and consultation with road authorities
  • Temporary traffic management/controls and resident communication protocols
  • Detailed entrance/sightline design shown and dimensioned
Lough Ree SAC qualifying interests and conservation objectives: adequacy to be verifiedTier 1HIGH RISKThe adequacy of the Natura Impact Statement's site-specific assessment and survey baselines needs verification; ABP refused a comparable solar scheme in PL17-311536 on an inadequate NIS baseline.

📋 Evidence brief — what we found

🎯 Key evidence
data requested by npws was not returned. nbdc returned records of 52 bird species within 2 km of the site.
— Bird Species Technical Note / survey report (docid 379156), page 5 — Section 3.1 Desk Study
🗣️ In plain English
Under reg 42 of the European Communities (Birds and Natural Habitats) Regulations 2011 [reg 42, S.I. 477/2011], a big solar farm near protected nature areas must prove, with proper wildlife surveys, exactly which protected species and habitats could be harmed and show there is no real risk. The planning board can only approve if it has no reasonable scientific doubt about harm to those protected sites.
📖 Legal basis
European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. 477/2011), reg 42: (5)(a) a Natura Impact Statement must include 'such information or data as the public authority considers necessary' to enable it to ascertain if the plan or project will affect the integrity of the site; (6) and (11) require screening and Appropriate Assessment to be based on objective scientific information / best scientific knowledge before a decision is taken; (16) consent may be given only after determining that the plan or project shall not adversely affect the integrity of a European site; and (17)(b)(ii) provides that a public authority shall not grant consent containing conditions accepting 'an incomplete Natura Impact Statement'. Planning and Development Act 2024, s203(2)(b)-(e), similarly requires a Natura impact report to specify all habitat types and species for which the relevant European site is designated and in relation to which the likelihood of significant effects cannot be excluded, to identify all potential significant effects, to assess their implications, and to conclude whether the plan will adversely affect the integrity of the site. The supplied source block does not include the Longford CDP Ch 5 text, so this brief does not treat that policy wording as a binding legal basis.
📂 What's on file
  • Ballymahon Solar Farm Appropriate Assessment Screening and Natura Impact Statement (docid 379227, excerpt pages 15–20, project code 784-B071661 / GP-TEM-006-02) — recites the AA/NIS legal framework and states that a NIS is included, but the supplied NIS excerpts (pp.15-20) do not themselves show the site-specific qualifying-interest list or the integrity conclusion; the ECR carries a qualifying-interest and conservation-objective table.
  • Bird Species Technical Note / bird survey report (docid 379156, excerpt pages 5–6) — records NBDC 52 bird species within 2 km, states that NPWS data was not returned, and lists 10 priority species observed during field visits; no survey dates, effort, seasonality or connectivity information appears in the excerpt.
  • Ballymahon Solar Farm and BESS Bats - Preliminary Roost Assessment (docid 379155) and Bats - Preliminary Roost Assessment and Ground Level Tree Assessment (Conservation Report excerpt; no docid shown) — survey dates and weather (7 and 8 July 2025) are recorded for the preliminary roost assessment, but survey results and any demonstrated feeding into the NIS do not appear in the supplied excerpts.
  • Ballymahon Solar Farm and BESS Otter (Lutra lutra) Survey Report (docid 379204) — appendices contain legislation/policy text; no otter survey findings, seasonality or connectivity analysis appear in the supplied excerpt.
  • CEMP Ballymahon Solar + BESS (docid 379170, excerpt pages 30–31) — lists NHAs/pNHAs and states the proposed development 'is not expected to result in any significant adverse effects on the integrity of nearby European designated sites', but the detailed ecological surveys relied on are not shown in the excerpt.
  • EIA Screening Report (docid 379174, excerpt pages 69–70) — lists designated sites and heritage features but does not evidence cross-referencing with the NIS/EcIA assessments.
  • Smooth Newt habitat assessment (cited in the ECR as Tetra Tech, 2025b and summarised at s.5.3.3) — its findings are not shown as feeding the NIS integrity conclusion in the supplied excerpts.
❌ What's missing
The NIS excerpt shows the correct Stage 1 and Stage 2 framework but does not, in the sampled pages, show the full qualifying-interest and conservation-objective analysis (the ECR lists Lough Ree SAC habitats [3150], [7230] and [91E0]) for Lough Ree SAC (000440), Lough Ree SPA (004064), Mount Jessop Bog SAC or other relevant European sites, nor a 40-year direct, indirect and in-combination integrity assessment. Field visits are not shown to cover all seasons, sufficient effort or connectivity pathways. The ECR summarises the bat, otter and smooth newt surveys, but the excerpts do not show how their limits were carried into the NIS conclusion, so their existence cannot be treated as sufficient evidence of no adverse effect.
💡 Why this is wrong
The NIS cannot lawfully support an Appropriate Assessment conclusion if the underlying scientific baseline is incomplete. ABP relied on an inadequate-baseline ground in PL17-311536, where a solar farm was refused because the NIS was 'not based on best available scientific information' and the limited field surveys meant effects on SPAs/SACs could not be excluded. If the survey baseline is shown to be incomplete, the Board would be deciding without objective scientific evidence, contrary to reg 42(6) and reg 42(11) of S.I. 477/2011.
⚠️ Specific deficiency
The applicant submitted an NIS that, in the supplied excerpts, recites the legal framework, but the sampled NIS pages do not themselves show the site-specific qualifying interests and conservation objectives (the ECR carries a qualifying-interest table), and the supplied excerpts do not show the survey baselines being carried through into a reasoned no-adverse-effect conclusion. The ECR (which incorporates the NIS) summarises the smooth newt, bat, otter and bird surveys at s.5.3.3, but the excerpts do not show how their seasonality, effort and connectivity limits were carried into the NIS integrity conclusion. The assessor should verify whether the NIS, read in full, supports the 40-year in-combination conclusion or whether further information under reg 42(3) S.I. 477/2011 was needed.
⚖️ Risk to address
Refuse permission or require further information because the Natura Impact Statement is not based on best available scientific information and the bird, bat, otter and smooth newt baselines are inadequate in seasonality, survey effort and connectivity, as in ABP refusal PL17-311536.
📊 Precedent pattern
0 refusal on a related ground (PL17-311536, Meath solar farm, NIS not based on best available scientific information); too few to establish a pattern, and the legal basis stands independently.
📖 Relevant legislation / policy
  • local area plans guidelines for planning authorities june 2013 p.28s28 guideline
    3 — Section 57 of the Planning and Development (Amendment) Act 2010 outlines important obligations for planning authorities in preparing and making local area plans under the EU Birds and Habitats Directives.
    It is critical that a local area plan includes appropriate policies and objectives for the conservation, and protection of European sites and to ensure that their integrity will not be adversely affected by the implementation of the plan or development5. The plan should also have appropriate policies and objectives for the conservation and protecti
  • OPR Practice Note PN01 — Appropriate Assessment Screening for Development Management (2021) p.12technical guidance
    Screening Process — Steps and matters to be considered:
    2. Identify the relevant European sites and compile information on Qualifying Interests and conservation objectives. (a) Identify all European sites that might be affected using the Source-Pathway-Receptor model. (b) Identify the Qualifying Interests of the site concerned and the conservation objectives. (c) Determine which of those Qualifying
  • OPR Practice Note PN01 — Appropriate Assessment Screening for Development Management (2021) p.7technical guidance
    2.0 Key Concepts — Conservation Objectives
    Conservation objectives are prepared for all European sites and are available on the NPWS website and from the EPA’s AA tool. An example of the conservation objectives for a SAC is available here. In all cases, the conservation objectives will list the habitats and species for which the site is selected (the Qualifying Interests/SCIs). Site-specif
  • OPR Practice Note PN01 — Appropriate Assessment Screening for Development Management (2021) p.24technical guidance
    Template Screening Form — STEP 2. Identification of relevant Natura 2000 sites using Source-Pathway- Receptor model and compilation of information on Qualifying Interests and conservation objectives.
    European Site (code) List of Qualifying Interest/Special Conservation Interest1 Distance from proposed development2 (km) Connections (Source- Pathway- Receptor) Considered further in screening Y/N 1 Short paraphrasing and/or cross reference to NPWS is acceptable – it is not necessary to reproduce the full text on the QI/SCI. 2 If the site or

Detailed assessment

The assessor should assess whether the Natura Impact Statement and Ecological Impact Assessment adequately identify the qualifying interests and conservation objectives of the nearby European site and demonstrate no adverse effect on site integrity through direct, indirect and in-combination pathways over 40 years. Longford CDP Chapter 5 lists, among the matters for wind energy proposals, "the impact of the proposed development on protected bird and mammal species" (cited by analogy only), so the submitted Bird Species Technical Note, Bat PRA, Otter Report and Smooth Newt Habitat Assessment should be tested for seasonality, survey effort, and connectivity rather than treated as sufficient by their existence.

📄 Source documents

  • Conservation Report — p.11Review this page for evidence related to this finding....e. It is worth noting, treelines, hedgerows, and other linear ecological features provide habitat connectivity across the site. There is potential for highly mobile species such as bats and bird
  • Conservation Report — p.20Review this page for evidence related to this finding....m of the Royal Canal, with existing streams within the site boundary providing direct hydrological connectivity to the Royal Canal pNHA. The designation status of the Royal Canal as a proposed Na
  • Conservation Report — p.37Review this page for evidence related to this finding....be facilitated and badger setts cannot be retained (i.e Sett 5 within footprint of BESS), a Badger Conservation Plan should be produced, outlining exclusion and sett closure options. It is reco

Cases cited

none cited

Policy / guidelines cited

none cited

What to watch for

  • Qualifying Interests and conservation objectives for the near European site
  • Survey timing, duration and multi-season coverage for birds/bats/otter/newts
  • Pathways for water, dust, noise and land-take to the European site
  • In-combination effects with other plans/projects over 40 years
10-year permission sought without reasons; 40-year life not tied to any proposed conditionTier 1HIGH RISKThe application seeks a 10-year permission with a 40-year operational lifespan but gives no reason for the longer permission period and proposes no mechanism tying operation and removal to 40 years; this should be verified before a duration is fixed.

📋 Evidence brief — what we found

🎯 Key evidence
bnrg ballymahon ltd, are applying for a 10 year planning permission with an operational lifespan of 40 years, for development of a solar farm and battery energy storage system in the townlands of cartronbrack, tirlickeen, clogh, corryena, and lismacmurrogh, county longford.
— Other Assessments (docid 379215), page 12 — Section 1.3 Description of Proposed Development.
🗣️ In plain English
The application asks for a 10-year permission with a 40-year operational life, but no condition in the application documents makes 40-year operation or removal enforceable [Other Assessments, docid 379215, p.12]. Under s.40 of the Planning and Development Act 2000 (as amended), a permission ceases to have effect, for development not completed, at the specified 'appropriate period', or five years if none is specified.
📖 Legal basis
Section 40 of the Planning and Development Act 2000 (as amended) provides that a permission ceases to have effect on the expiration of the 'appropriate period' as regards development not completed within that period, and 'appropriate period' means the period specified, otherwise five years from grant. A planning authority/Board to specify the period during which the permission is to have effect, being not less than 2 years. OPR Practice Note PN03 (October 2022), §3.3 Time Limits, p.14 states: 'The “appropriate period” for a planning permission, is normally five years from the date of the grant, unless a longer or shorter period is specified by way of a condition. The “appropriate period” refers to the timescale for completion, not commencement, of the development. In the case of large projects... A longer period may be proposed in the application for permission as described in the public notices, and/or this may be specified separately by way of a condition.' Development Management Guidelines (DEHLG, June 2007), Ch.7, p.66: 'Planning authorities may grant permission for a duration longer than 5 years if they see fit... But it is the responsibility of applicants in the first instance to request such longer durations in appropriate circumstances.' No more specific statutory requirement establishing how a 40-year operational lifespan must be secured is supplied.
📂 What's on file
  • Site Notice (no docid supplied) — multiple site notices (Nos. 2, 3, 4 and directional) each state 'We, BNRG Ballymahon Ltd, intend to apply for a 10 Year Planning Permission with an operational lifespan of 40 years...' No condition is included.
  • Other Assessments (docid 379215) — Landscape and Visual Appraisal by Cunnane Stratton Reynolds, p.12, Section 1.3 Description of Proposed Development, repeats the same wording and treats the 40-year lifespan as part of the project description.
  • Other Assessments (docid 379152) — BESS report by PlanEnergy, Executive Summary, p.5, repeats the 10-year/40-year formulation and describes the development but provides no condition securing the term.
  • F I Received Doc (docid 386931) — Glint and Glare Report, March 2026, Executive Summary, p.2, repeats the same formulation.
  • Other Assessments (docid 379170) — CEMP, p.8, Section 1 Introduction, repeats the same formulation; no time-limit condition.
  • Updated Hydrology & Hydrogeology (docid not supplied in excerpt) — Section 1.2 Proposed Development, repeats the same formulation and notes the substation is a separate application, but no operational-term condition.
❌ What's missing
Not evidenced in the supplied excerpts is any condition that: (a) specifies a permission duration (including the requested 10-year period and its reasons). (b) limits the operational phase to 40 years and requires decommissioning/removal/reassessment at the end of that period; Or (c) acknowledges that operation beyond the permission term is not automatic and would require a further consent. The lifespan is presented as a descriptive parameter in the application documents; a Decommissioning Report was submitted in response to further information, but no draft condition linking the 40-year life to the grant is on file.
💡 Why this is wrong
This is not merely a labelling issue. S.40, if no period is specified, the permission ceases after five years insofar as the development is not completed. The applicant asks for 10 years but gives no reason for the longer period. More importantly, a 40-year operational lifespan is not an automatic consequence of the grant: under s.40(2)(b)(i) the continuance of a use of land in accordance with a permission is preserved, so unless a condition restricts the operational period and requires removal, the solar farm could continue beyond 40 years, while the 10-year permission may lapse before any decommissioning obligation accrues. OPR PN03 notes that a longer period may be proposed in the application and/or specified by condition; The Development Management Guidelines put the onus on the applicant to request the longer duration. The application proposes no such condition, so the public notice's promise of 40 years is unenforceable and ambiguous. This creates a risk that any permission is inadequately conditioned.
⚠️ Specific deficiency
The applicant repeated the '10 Year Planning Permission with an operational lifespan of 40 years' formulation across the Site Notice, LVIA (docid 379215 p.12), BESS report (docid 379152 p.5), Glint & Glare report (docid 386931 p.2), and CEMP (docid 379170 p.8), without identifying any draft condition that would specify the permission's appropriate period. The application therefore treats the 40-year operational life as a self-executing project characteristic rather than as a condition to be imposed. It provides no reasoned justification for the 10-year completion period. The planning authority/Board could not lawfully infer a 40-year operational limit because s.40(2)(b)(i) would otherwise permit the use to continue indefinitely; Nor could it infer a lawful 40-year restriction without an express condition.
⚖️ Risk to address
Argue that the stated 40-year operational lifespan is not enforceable because the application provides no condition specifying a lawful permission duration under section 41, no decommissioning/removal condition at year 40, and no acknowledgment that operation beyond the shorter permission term requires a further consent; ABP should require a precise, reasoned duration and decommissioning condition before any grant, or refuse permission for want of an enforceable lifespan.
📊 Precedent pattern
No directly comparable precedent confirmed in corpus — legal basis stands independently.
📖 Relevant legislation / policy
  • quarries and ancillary activities p.30s28 guideline
    Chapter 4: Assessment of planning applications and Environmental Impact Statements 4.1 Introduction This chapter is intended to assist planning authorities when dealing with applications for quarries, and particularly those applications involving Environmental Impact Statements. 4.2 Pre-application consultations Section 247 of the Planning and Development Act, 2000 makes provision for pre- application consultations with the planning authority and planning authorities should facilitate such consultations. The developer of a proposed quarry should consider at the outset whether the development would be in accordance with the development plan for the area (see Chapter 2, paragraph 3 above). Owners and operators will be aware of the public concern which certain extractive industry developments can give rise to and should therefore take the earliest opportunity to explain their proposals to the planning authority and to ensure that all relevant planning and environmental issues are fully addressed in any subsequent planning application. They should also discuss significant operational issues, such as working hours and likely traffic volumes, at the pre-application stage. Rehabilitation of the site after the end of extraction should also be considered at the design stage. If an Environmental Impact Statement is required to be submitted (see Chapter 4, paragraph 4 below), Section 173 enables a prospective applicant, when preparing an EIS, to request the planning authority to provide a written opinion (“scoping”) on the information to be contained in the EIS. Article 95 of the Planning and Development Regulations, 2001 sets out the procedure for scoping requests. Best practice in EIS preparation includes consultation with all relevant parties, such as statutory consultees and the local community, to ensure that their concerns are identified and addressed in the EIS. The EPA has published advice on the preparation of Environmental Impact Statements (see Appendix B), which is of benefit to both applicants and planning authorities. 4.3 Submitting a planning application If an EIS is not required, the developer should consider whether the following items are relevant to the proposed development and, if so, should ensure that they are adequately documented as part of the planning application. Failure to do so is likely to lead for a request from the planning authority for further information and thus to delay consideration of the application. (Applications for quarries must of course comply with all of the standard planning application requirements in relation to public notices, drawings, etc.). — 4.5 Requirements of section 261 In addition to the above requirements, section 261 of the Act stipulates that a planning application and an EIS will be required for the continued operation of a quarry which has been registered in accordance with this section where:
    ected life of the reserves within the site. The purpose of setting a finite period is 30 not to anticipate that extraction should not continue after the expiry of that period, but rather to enable the planning authority, in conjunction with the developer and environmental authorities, to review changes in environmental standards and technology o

Detailed assessment

The application is framed as "We, BNRG Ballymahon Ltd, intend to apply for a 10 Year Planning Permission with an operational lifespan of 40 years" (Site Notice). Under s.40 of the Planning and Development Act 2000 (as amended), a permission ceases to have effect after the appropriate period only as regards development not completed within it, and s.40(2)(b)(i) preserves continuance of a use in accordance with the permission; a 40-year operational life therefore needs an express condition fixing the operational term and removal, and is not automatic. The assessor should therefore verify why a 10-year period is needed and how the 40-year operational term and removal would be secured.

📄 Source documents

  • Other Assessments (docid 379142) — p.3Review this page for evidence related to this finding....ded by the European Union (Planning and Development) (Renewable Energy) Regulations 2025. BNRG Ballymahon submitted a planning application for this development in September 2025, however havi
  • Other Assessments — p.2Review this page for evidence related to this finding.Page 2 of 42 Further Information Response - Ballymahon Solar + BESS DOCUMENT CONTROL Client BNRG Ballymahon Ltd Project Name Ballymahon Solar + BESS Project Ref. SROI032 Ballymahon Documen
  • Other Assessments — p.10Review this page for evidence related to this finding.Page 10 of 42 Further Information Response - Ballymahon Solar + BESS It is further noted that undertaking intrusive trenching at the pre-determination stage would result in unnecessary disturba

Cases cited

none cited

Policy / guidelines cited

none cited

What to watch for

  • Whether the operative condition extends operation to 40 years from first commissioning and expressly requires removal unless a further permission is granted.
  • Whether the 10-year permission term and the 40-year operational life are treated as separate legal events with a clear review/extension trigger at year 10.
  • Whether the planning statement's own Longford amendment precedent is relied on to assert that a future extension will be automatic.
Required intensive test excavations not evidenced as completedTier 1HIGH RISKNo directly comparable refusal is confirmed; the point rests on the application documents: required intensive test trenches are not evidenced; the applicant argues pre-determination trenching is not proportionate.

📋 Evidence brief — what we found

🎯 Key evidence
where geophysical anomalies fall outside established buffer zones, it is recommended that these be subject to targeted archaeological test excavation to determine their nature and significance.
— Further Information Response - Ballymahon Solar + BESS (no docid supplied), p.9 of 42 — Response to Further Information Request, Archaeology
🗣️ In plain English
The council’s further information request required the developer to carry out a full geophysical survey of the whole site and an intensive test-trench programme before the council could decide the archaeology. The archaeologist did the geophysical survey, and it flagged a possible prehistoric burnt mound (fulacht fia), a possible enclosure, a ring-ditch and many pit-type anomalies. The response recommends targeted test excavation later for anomalies outside buffer zones, and the supplied excerpts do not evidence that the required intensive test trenches were dug; what is on file is a method statement and an indicative trench layout [Further Information Response - Ballymahon Solar + BESS, p.9 of 42]. The Longford County Development Plan 2021-2027, Chapter 16 Development Management Standards, p.454, DMS16.197 states that a preliminary archaeological investigation by a licensed archaeologist will normally be required where a proposed development would result in significant ground disturbance within a Zone of Archaeological Potential [DMS16.197, Longford County Development Plan 2021-2027].
📖 Legal basis
Specifically, the Longford County Development Plan 2021-2027, Chapter 16 Development Management Standards, p.454, states: 'DMS16.197 A preliminary archaeological investigation by a licensed archaeologist will normally be required where a proposed development would result in significant ground disturbance within a Zone of Archaeological Potential.' It also states: 'DMS16.198 A comprehensive archaeological report from a licensed archaeologist will normally be required to be submitted to the Council and to the National Monuments Service of the DAHG, for their assessment, prior to the commencement of any development on site.' The Further Information Request from Longford County Council, made under the planning application, additionally required 'a full geophysical survey of the whole development site and a programme of intensive test excavations' under the National Monuments Acts 1930-2004.
📂 What's on file
  • Archaeology Report by Shanarc Archaeology Ltd. (docid 379148, received 14/11/2025) — Section 4 records a detailed magnetometry survey under licence 25R0341 and notes that the survey covered five parcels, but Parcel 2 and Parcel 4 were subsequently removed and former Parcel 5 renamed Parcel 2. It states the survey produced 'a large number of anomalies across all surveyed parcels', most as modern agricultural activity.
  • 25R0341 - Geophysical Survey Report by Michael Greiner & Seán Shanahan of Shanarc Archaeology Ltd. (docid 379146) — reports results by parcel/field. It identifies a recorded enclosure LF023-049----, a smaller ring-ditch, a possible circular enclosure, numerous potential pit-type features, and records 'a burnt spread, marking the location of a possible prehistoric fulacht fia' in Field 2 and 'a possible horseshoe shaped low mound' in Field 4.
  • Further Information Request from Longford County Council (within Other Assessments, no docid supplied) — requires the applicant's archaeologist to carry out 'a full geophysical survey of the whole development site and a programme of intensive test excavations' at locations chosen by the archaeologist, licensed under the National Monuments Acts 1930-2004.
  • Further Information Response - Ballymahon Solar + BESS (no docid supplied, p.9 of 42) — states recorded monuments and potential features are 'entirely avoided by applying a 20m non-development buffer zone' and that 'Where geophysical anomalies fall outside established buffer zones, it is recommended that these be subject to targeted archaeological test excavation to determine their nature and significance.'
  • Test-Excavation at Ballymahon Solar Farm and BESS Method Statement by Shanarc Archaeology Ltd. (February 2026, no docid supplied) — provides an indicative test-trench array for a possible Phase 2, but contains no completed excavation results in the supplied excerpts.
❌ What's missing
The supplied excerpts do not evidence that the programme of intensive test excavations required by the Further Information Request has actually been carried out or that any excavation results have been reported. What is on file is a method statement and an indicative trench layout; the applicant's response defers targeted test excavation to a later stage for anomalies outside buffer zones. There is also no supplied coverage map or percentage demonstrating that every part of the current development area was physically surveyed, given the acknowledged minor survey constraints from trees, rocks and rock outcrops, and the removal of original Parcels 2 and 4 after the survey.
💡 Why this is wrong
The council's Further Information Request did not merely ask for geophysical survey; it required a programme of intensive test excavations as part of the assessment. The applicant has not evidenced completed test excavations, but instead recommends future targeted excavation. This means the archaeological report cannot yet rule out adverse impacts on the possible fulacht fia, possible enclosure, ring-ditch and pit-type anomalies the survey itself flagged. A 20m buffer around anomalies is not a substitute for knowing what the anomalies are, and avoiding them does not address unrecorded subsurface archaeology in the rest of the site. This failure engages the proper planning and sustainable development test and the Longford County Development Plan DMS16.197 and DMS16.198.
⚠️ Specific deficiency
The applicant's own geophysical survey (docid 379146) records a possible prehistoric fulacht fia, a possible horseshoe-shaped mound, a ring-ditch, a possible enclosure and numerous pit-type anomalies. Yet the Further Information Response (p.9 of 42) does not provide test excavation results; it says features are 'entirely avoided' by 20m buffers and that anomalies outside those buffers are 'recommended' for future targeted test excavation. The Test-Excavation Method Statement (February 2026) is only a method statement and indicative array, not evidence of completed ground-truthing.
⚖️ Risk to address
The objector should argue that the archaeological assessment is incomplete because the required intensive test excavation programme has not been completed and reported, and ABP should not grant permission until the results are available and assessed, particularly for the possible fulacht fia and horseshoe-shaped mound identified by the applicant's own survey.
📊 Precedent pattern
No comparable refusal on this ground that the appeal board upheld was confirmed; the point rests on the application documents.
📖 Relevant legislation / policy

Detailed assessment

The Council's Further Information request required a full geophysical survey and a programme of intensive test excavations. The geophysical survey (licence 25R0341, Shanarc Archaeology, August 2025) is on file, but completed test excavation results are not evidenced and the applicant argues that pre-determination trenching would not be proportionate. The applicant's own passage records that "Recent cultivation in Field 2 has exposed a burnt spread, marking the location of a possible prehistoric fulacht fia, in the low-lying northeast end of the field." The assessor should assess whether magnetometry covered the full 111.1 ha, including the esker ridge and the peat band on the north-eastern edge, and whether anomalies interpreted as plough furrows, former field boundaries and drains were sufficiently ground-truthed rather than set aside.

📄 Source documents

  • Archaeology Report (docid 379148) — p.3Archaeological Assessment — check if geophysical survey covers the full site area, whether RMP sites are identified, and if test trenching has been done.Shanarc Archaeology Ltd. Ballymahon Solar Farm and BESS, Co. Longford Archaeological Assessment ii Contents Executive Summary ..............................................

Cases cited

none cited

Policy / guidelines cited

none cited

What to watch for

  • Continuous geophysical coverage across Parcels 1-5, not sample transects.
  • Reduced magnetometry effectiveness on peat/glacial till and esker ridge.
  • Ground-truthing of anomalies outside recorded monument buffers, especially the burnt spread.
Fire safety defers thermal runaway and hydrogen fluoride dispersion detailsTier 1HIGH RISKThe assessment identifies a material fire-safety gap—supplier not selected and chemistry not confirmed to the Fire Officer, with dispersion/emergency planning deferred—that was a refusal ground in a comparable case (Kildare 25/60083).

📋 Evidence brief — what we found

🎯 Key evidence
the battery and battery supplier has not been selected so the chemical composition of the batteries/electrolytes are not known. the fire suppression system details depend on the battery supplier selected too. once the battery supplier has been selected the full safety details of the bess units are to be agreed with the fire authority prior to the development taking place.
— Fire Safety Statement Ballymahon Solar + BESS (docid 379180), page 22 of 25 — Appendix 1 Longford County Council feedback
🗣️ In plain English
For BESS, the 2024 Electricity Storage Policy Framework, §4.4.6, leaves occupational health and safety in the workplace to employer risk assessments [2024 Framework, §4.4.6], so the Board must weigh that policy as a material consideration.
📖 Legal basis
the Board must decide in accordance with the proper planning and sustainable development of the area, weighing all material considerations. The Electricity Storage Policy Framework for Ireland 2024, §4.4.6 (p.85), states that for battery energy storage 'protection of occupational health and safety in the workplace is addressed under the general duties on employers to risk assess work activities and emergency preparedness'; Annex E (p.106) lists IEC 61882 HAZOP and IEC 62619:2022 as relevant safety standards. Technical Guidance Document B Volume 1 (guidance), §30(1) (p.249), also indicates that assessment reports 'should be produced in accordance with the principles of I.S. EN 15725 and should include details of the test evidence that has been used to support the assessment.' No more specific binding BESS fire-safety planning requirement is established from the available sources.
📂 What's on file
  • Fire Safety Statement Ballymahon Solar + BESS (docid 379180, 25 pages) — states the final BESS supplier/model will be confirmed later, but says thermal runaway, toxic gases and contaminated firewater are 'well understood' and will be addressed through compartmentalisation, fire detection/suppression and drainage; its Appendix 1 records the Fire Officer's comments that battery chemistry is not known and full BESS safety details are to be agreed with the Fire Authority before development.
  • Ballymahon Solar Farm BESS Facility fire safety assessment (provided as 'Unsolicited Information', internal ref 2547282IE-FSA-DM, pages cited 12–13 and 40–41) — states at p.40 that 'no particular product data or specifications have been provided' and at pp.12–13 that an Explosion Protection Document and Emergency Evacuation Plan 'cannot be adequately completed until such time as detailed design and management information becomes available'.
  • Other Assessments (docid 379142) — contains the fire consultant's FSAHMA scope and response to the Fire Officer, including methodology to obtain final BESS make/model, suppression method and tested fire resistance; confirms no BESS unit details are yet available.
  • CEMP Ballymahon Solar + BESS (docid 379170, 96 pages) — Section 9.3.3 states toxic fume risk is 'extremely low' and lists inert-gas suppression and deflagration panels, but provides no hydrogen fluoride dispersion model or site-specific airflow/venting calculations.
❌ What's missing
a consequence and dispersion model for fire/explosion; a hazardous area classification and explosion protection document; quantified suppression agent compatibility; container fire-rating test certificates; and a preliminary site-specific emergency response/firefighting action plan. The Fire Officer sought this detail and it remains deferred.
💡 Why this is wrong
Planning risk cannot be assessed on a generic 'supplier later' basis for a 56-container lithium BESS. The Fire Safety Statement's own Fire Officer appendix says the chemical composition is unknown and full safety details will only be agreed with the Fire Authority 'prior to the development taking place'. The fire safety assessment repeats this by stating an Explosion Protection Document and Emergency Evacuation Plan cannot be completed until detailed design after planning permission. This is a similar gap to the one that led Kildare County Council to refuse eplanning_KildareCC_2560083, where the applicant had not demonstrated fire safety from battery storage because relevant on-site battery-storage and fire-safety details had not been submitted. A permission granted now would therefore be premature and would weaken the Board's ability to impose meaningful pre-commencement safeguards.
⚠️ Specific deficiency
The Fire Safety Statement and the fire consultant's assessment defer the supplier-dependent suppression details, consequence and dispersion modelling, explosion protection and emergency planning to detailed design after permission.
📊 Precedent pattern
Comparable refusal(s) on this ground, listed individually for direct verification: eplanning_KildareCC_2560083 (insufficient for a blanket pattern).
📖 Relevant legislation / policy
  • Electricity Storage Policy Framework for Ireland 2024 p.115national policy
    Annexes — Annex H: UL & NFPA Specific Standards
    See Electricity Storage Policy Framework for Ireland 2024, Annexes, Annex H: UL & NFPA Specific Standards, cited in full above.
  • Electricity Storage Policy Framework for Ireland 2024 p.85national policy
    4 Safety and Regulation — 4.4.6 HSA the SHAW Act & SEVESO III Directive
    The Health and Safety Authority (HSA) has responsibility for ensuring workers and those affected by a work activity are protected from work related injury and ill health. This role is undertaken under the occupational Safety, Health, and Welfare at Work Act 2005. The Safety, Health, and Welfare at Work (Construction) Regulations 2013 set out the
  • Electricity Storage Policy Framework for Ireland 2024 p.84national policy
    4 Safety and Regulation — 4.4.4 Installation with an EPA licence
    Where an installation which holds an EPA licence proposes to install a battery electricity storage system, the installation should contact the EPA and may require a licence alteration or licence review. Licensable activities which also propose installation of battery electricity storage system will have the storage infrastructure assessed as pa
  • Electricity Storage Policy Framework for Ireland 2024 p.78national policy
    4 Safety and Regulation — 4.2.2 European Union Directives
    The European Union in 2020 presented an initial proposal for a regulatory framework for electricity storage batteries to ensure sustainability (such as carbon footprint rules, minimum recycled content, performance and durability criteria), to address social and environmental risks not presently covered by EU legislation and to establish mandator
  • Electricity Storage Policy Framework for Ireland 2024 p.104national policy
    Annexes — EU Battery Safety Standards (See also 4.2.2 EU Directives)
    EU Directive (2023/1542) – ‘Concerning Batteries & waste batteries’, sets out the homogenisation of electricity storage products as well as safety testing and certification requirements relevant to battery energy storage systems, such as Li-BESS that deliver electric energy to the grid or store electricity for delivery to electric energy end use
📚 Precedent cases
  • eplanning_KildareCC_2560083 — refused · Kildare County Council · 36% match
    Townlands of Portgloriam Clonsast Ballybrack Ballyloughlan Farrandum , Clonduff
    The Applicant has not demonstrated to the satisfaction of the Planning Authority that the proposed development is appropriate from a fire safety perspective, by virtue of not submitting the relevant details in relation to on-site battery storage and fire safety, specifically b

Detailed assessment

The Fire Safety Statement itself records the Fire Officer’s position that "The battery and battery supplier has not been selected so the chemical composition of the batteries/electrolytes are not known. The fire suppression system details depend on the battery supplier selected too" (Fire Safety Statement Ballymahon Solar + BESS, File No. 1250, Page 22 of 25). For a 56-container Li-BESS, this supplier/chemistry deferral means the assessor should scrutinise whether the statement contains a supplier-independent performance specification for cell chemistry, suppression media, detection logic and containment rating, rather than only a commitment to agree details later. In Kildare 25/60083, failure to provide relevant on-site battery-storage/fire-safety details was a standalone refusal ground.

📄 Source documents

  • Other Assessments (docid 379142) — p.10Review this page for evidence related to this finding....he battery and battery supplier has not been selected so the chemical composition of the batteries/electrolytes are not known. The fire suppression system details depend on the battery supplier se
  • Other Assessments (docid 379180) — p.22Review this page for evidence related to this finding....he battery and battery supplier has not been selected so the chemical composition of the batteries/electrolytes are not known. The fire suppression system details depend on the battery supplier s
  • Unsolicited Information — p.42Review this page for evidence related to this finding....t should be in accordance with manufacturer specification and/or NFPA 855. 5.2.3.6 Automatic Fire Suppression System All BESS units should be fitted with a suitably designed and installed fire

Cases cited

eplanning_KildareCC_2560083

Policy / guidelines cited

none cited

What to watch for

  • Whether the Fire Safety Statement contains a chemistry-independent performance specification for suppression, detection and containment.
  • Whether cell-chemistry-specific hazards, including hydrogen fluoride generation, are assessed.
  • Whether Longford Fire Authority pre-commencement sign-off is conditioned and enforceable.
Fire safety demonstration deferred to post-permission detailed designTier 1HIGH RISKThe application defers site-specific BESS fire-safety analysis to post-permission agreement, a deficiency that was a refusal ground in a comparable case.

📋 Evidence brief — what we found

🎯 Key evidence
the battery and battery supplier has not been selected so the chemical composition of the batteries/electrolytes are not known. the fire suppression system details depend on the battery supplier selected too. once the battery supplier has been selected the full safety details of the bess units are to be agreed with the fire authority prior to the development taking place.
— Fire Safety Statement Ballymahon Solar + BESS, File No. 1250 (docid 379180), page 22 — Appendix 1 Longford County Council feedback
🗣️ In plain English
The Development Management Guidelines for Planning Authorities (DEHLG, June 2007), Ch.7, para 7.8.3 [Ch.7, para 7.8.3, DEHLG 2007] direct planning authorities to use the Planning Acts to the full to ensure adequate fire safety standards. They state that fire safety considerations may include fire service access for proposed development and water supplies for fire fighting. In practice, these matters are relevant fire-safety considerations in a planning decision.
📖 Legal basis
The Development Management Guidelines for Planning Authorities (DEHLG, June 2007), Ch.7, para 7.8.3, state that planning authorities should use the Planning Acts 'to the full to ensure that all development meets adequate fire safety standards' and that fire safety considerations may include 'Fire service access for proposed development' and 'Water supplies for fire fighting'; The Guidelines also state that a condition requiring the developer to 'consult with and comply with the requirements of the Fire Officer' is 'objectionable in principle, and probably invalid'. The Electricity Storage Policy Framework for Ireland 2024 (p.104) records that Annex V of Regulation (EU) 2023/1542 requires technical documentation showing safety testing for, among others, thermal propagation protection, fire test, and emission of gases.
📂 What's on file
  • Fire Safety Statement Ballymahon Solar + BESS, File No. 1250 (docid 379180) — includes references to NFPA 855, IEC 62619/EN 62619, TGD B and other standards; sets out a future Emergency Response Plan; and Appendix 1 records Longford County Council Fire Officer comments.
  • Unsolicited Information (no docid shown) — report 2547282IE-FSA-DM Ballymahon Solar Farm BESS Facility, pp.12-14 and 40-41 — the fire consultant's assessment, which states that many fire safety items cannot be completed until detailed design after grant of planning permission.
  • Other Assessments (docid 379142) — contains the Fire Officer's feedback and the applicant's response/scope of works from Plan Energy; the scope is a methodological outline to obtain and review BESS unit information later.
  • CEMP Ballymahon Solar + BESS, File No. 1249 (docid 379170), p.93 — sections 9.3.2-9.3.4 provide standards and generic mitigation for toxic fumes and contaminated firewater, while stating the specific BESS container model will be determined later.
❌ What's missing
The Fire Safety Statement and FSAHMA are present but inadequate because they repeatedly defer the site-specific fire-safety demonstration to post-permission detailed design. The supplied excerpts do not evidence: a quantified consequence and dispersion model for thermal runaway or hydrogen fluoride/toxic gas release from the proposed BESS layout; a completed Hazard Analysis, Risk Assessment, Explosion Protection Document or Hazardous Area Classification; fire-service access and response calculations (turning/passing geometry, load-bearing access, firewater supply capacity and response time from the nearest fire station); or final inter-module/container separation distances, which are described only in generic manufacturer/NFPA terms to be confirmed once the BESS product is selected. The documents say the ERP and full safety details will be agreed with the Fire Authority before development, but that means the Board would be deciding without the actual assessment before it.
💡 Why this is wrong
The application asks for permission before the critical fire-safety analysis exists. The Fire Officer identified that battery chemistry, suppression details and the full safety details of the BESS units are not known and are to be agreed later, but a planning authority must be satisfied now that the development is safe, not later. The Development Management Guidelines describe a condition requiring the developer to consult with and comply with the Fire Officer's requirements as objectionable in principle and probably invalid, which weakens reliance on a post-permission agreement as a substitute for an adequate application. Without a site-specific dispersion model, HF/toxic gas assessment, completed hazard/risk/explosion assessments, and verified fire-service access/water supply/response-time evidence, the Board cannot rationally exclude an undue risk to public health or firefighter safety. This is a similar deficiency to that which led Kildare County Council to refuse a comparable solar-BESS scheme in eplanning_KildareCC_2560083 because the applicant had not demonstrated that the development was appropriate from a fire safety perspective and had not submitted the relevant details in relation to on-site battery storage and fire safety.
⚠️ Specific deficiency
The applicant's Fire Safety Statement and fire consultant's FSAHMA repeatedly state that the final BESS supplier and battery model are unknown and that hazard analysis, ERP, consequence/dispersion modelling, explosion protection, hazardous area classification and firefighting action plan will be prepared after planning permission. For example, the FSAHMA (2547282IE-FSA-DM) says it is not possible to develop all aspects of the Fire Authority's requested items until detailed design, which is not likely to occur until after permission is granted. The consultant's response (docid 379142) is a scope of works to obtain product information later, not a completed assessment. The CEMP (docid 379170) gives generic standards but states the specific BESS container model will be determined later. Instead of requiring the substantive fire-safety documents before decision, the submitted material leaves them as future commitments to be agreed with the Fire Authority.
⚖️ Risk to address
The Board cannot be satisfied that the BESS element is safe because the application defers thermal runaway, toxic gas dispersion, inter-module separation and emergency-response access/water supply to a post-consent product selection and Fire Authority agreement; relying on eplanning_KildareCC_2560083, the objector should argue that this missing fire-safety information is prejudicial to public health and contrary to the proper planning and sustainable development of the area.
📊 Precedent pattern
Comparable refusal(s) on this ground, listed individually for direct verification: eplanning_KildareCC_2560083 (insufficient for a blanket pattern).
📖 Relevant legislation / policy
📚 Precedent cases
  • eplanning_KildareCC_2560083 — refused · Kildare County Council · 36% match
    Townlands of Portgloriam Clonsast Ballybrack Ballyloughlan Farrandum , Clonduff
    The Applicant has not demonstrated to the satisfaction of the Planning Authority that the proposed development is appropriate from a fire safety perspective, by virtue of not submitting the relevant details in relation to on-site battery storage and fire safety, specifically b

Detailed assessment

The Fire Safety Statement records that "Once the battery supplier has been selected the full safety details of the BESS units are to be agreed with the Fire Authority prior to the development taking place" (Fire Safety Statement Ballymahon Solar + BESS, File No. 1250, Page 22 of 25). The assessor should verify that this full-safety-details commitment is supported by a demonstrable emergency-service access and response strategy, including turning and passing geometry, load-bearing access, firewater supply, and response-time/resource capability from the nearest fire station for a 56-container Li-BESS fire scenario. This is a distinct operational adequacy point from internal suppression design; Kildare 25/60083 shows fire-safety insufficiency can be a standalone refusal ground.

📄 Source documents

  • Other Assessments (docid 379142) — p.10Review this page for evidence related to this finding....dam, We have recently failed the Completeness Check for a Planning Application for a Solar Farm in Ballymahon, Co Longford. We have been requested by Longford County Council to contact you for yo
  • Other Assessments (docid 379180) — p.22Review this page for evidence related to this finding.Page 22 of 25 Fire Safety Statement Ballymahon Solar + BESS File No. 1250 Appendix 1 Longford County Council feedback Fire Officer comments, the following matters are identified: The ba
  • Other Assessments (docid 379180) — p.7Review this page for evidence related to this finding.Page 7 of 25 Fire Safety Statement Ballymahon Solar + BESS File No. 1250 2.2 Energy Storage Compound Description The BESS compound is proposed within the solar farm and will occupy a total area

Cases cited

eplanning_KildareCC_2560083

Policy / guidelines cited

none cited

What to watch for

  • Emergency access route geometry, widths and load-bearing capacity.
  • Adequacy of on-site firewater supply or static water provision.
  • Nearest fire station response time and capability for Li-ion BESS incidents.
  • Evidence of pre-incident planning with Longford Fire Service.
Firewater volume and containment capacity calculations not evidencedTier 1HIGH RISKThe application defers quantified firewater containment, toxic gas dispersion modelling, and emergency response planning, a material fire-safety gap analogous to refusal grounds in comparable cases.

📋 Evidence brief — what we found

🎯 Key evidence
however, it is not possible to develop all aspects of the items raised above until such time as this project progresses to a detailed design, which is not likely to occur until such time as planning permission is granted. at this early stage in the design process, information which would inform many of the above items is not yet available and several of the points discussed will be driven by the bess product chosen for the site. similarly, emergency planning such as preparation of an explosion protection document and an emergency evacuation plan cannot be adequately completed until such time as detailed design and management information becomes available.
— Fire Safety Assessment and Hazard Mitigation Analysis Report (2547282IE-FSA-DM Ballymahon Solar Farm BESS Facility), p.12 — response to Fire Authority required items
🗣️ In plain English
Supplied sources establish no binding statutory standard for BESS firewater quantification or hydrogen fluoride dispersion. TGD B – Fire Safety (Section 4) says designers should restrict unprotected areas to limit thermal radiation through a wall [s.4, TGD B]. In practice, it addresses external fire spread but not BESS-specific firewater or dispersion.
📖 Legal basis
The supplied authority sources do not establish a binding statutory standard specific to BESS firewater quantification or hydrogen fluoride dispersion, but Technical Guidance Document B – Fire Safety (Volume 1, Section 4 External Fire Spread) advises that unprotected areas should be restricted so as to limit the amount of thermal radiation passing through a wall, taking the distance between the wall and the boundary into account, and Volume 2 Section 5 addresses access and facilities for the fire service. The Electricity Storage Policy Framework for Ireland 2024 (Annex E, p.106) identifies IEC 62485-5:2020 'Safe operation of stationary lithium-ion batteries' and IEC 62619:2022 as relevant standards; departures from those best-practice standards are a material consideration.
📂 What's on file
  • Fire Safety Statement Ballymahon Solar + BESS (docid 379180, 25 pages, author not specified) — identifies thermal runaway, toxic gases and contaminated firewater as key risks, but Sections 5.4-5.8 repeatedly commit to providing bunding/storage capacity, drainage details, consequence modelling and the Emergency Response Plan at a later design stage.
  • Construction and Environmental Management Plan (CEMP) Ballymahon Solar + BESS (docid 379170, 96 pages, author not specified) — Section 9.3.4 commits to a bunded drainage system with settlement ponds 'sized to hold 24 hours of firewater storage', but gives no computed firewater volume, containment capacity, retention time or treatment specification.
  • Fire Safety Assessment and Hazard Mitigation Analysis Report (2547282IE-FSA-DM Ballymahon Solar Farm BESS Facility, no docid supplied) — describes the thermal runaway mechanism at pages 33-34 and a hazard mitigation matrix at pages 50-51, but at page 12 states that many fire-safety details cannot be developed until detailed design after planning permission.
❌ What's missing
Not evidenced in the supplied excerpts: (i) any calculated firewater volume, bund/tank/settlement pond capacity, retention time or interception-capacity check against the Royal Canal pNHA 0.4 km and Lough Ree SPA/SAC/pNHA 4.7/12.5 km pathways; (ii) any hydrogen fluoride / toxic gas dispersion modelling or receptor-based consequence analysis—only a promise of 'prior Consequence and Dispersion Modelling'; and (iii) any completed Emergency Response Plan, Explosion Protection Document or firefighting water supply document—all are deferred to pre-commissioning or post-consent detailed design.
💡 Why this is wrong
Without quantified firewater volume and bund capacity, the decision-maker cannot test whether contaminated runoff from a thermal runaway fire would be intercepted before reaching the Royal Canal pNHA 0.4 km away or Lough Ree SPA/SAC/pNHA 4.7/12.5 km away; the CEMP's 24-hour settlement pond statement is a design outcome, not an assessment. Without hydrogen fluoride dispersion modelling, there is no evidence on whether toxic plumes could affect nearby people, livestock or protected habitats. Deferring the Emergency Response Plan and Explosion Protection Document to post-consent agreement with the Fire Authority leaves a material fire-safety control out of the permission.
⚠️ Specific deficiency
The Fire Safety Statement (docid 379180, Section 5.7.1) says 'A dedicated containment system … will be sized to hold a minimum of 24 hours of firewater storage at maximum flow or as determined by the Fire Authority. The specific capacity will be detailed and submitted upon final BESS design agreement', rather than providing the capacity now. The CEMP (docid 379170, Section 9.3.4) likewise states 'settlement ponds sized to hold 24 hours of firewater storage' with no volume. The Fire Safety Assessment (2547282IE-FSA-DM, p.12) then admits that emergency planning and design details cannot be completed until detailed design after planning permission. Section 5.6.2 of the Fire Safety Statement promises 'prior Consequence and Dispersion Modelling', but no modelling is presented. These are not minor omissions; they are the quantitative core of the fire-safety case.
📊 Precedent pattern
Comparable refusal(s) on this ground, listed individually for direct verification: eplanning_KildareCC_2560083, eplanning_RoscommonCC_2460537 (insufficient for a blanket pattern).
📖 Relevant legislation / policy
📚 Precedent cases
  • eplanning_KildareCC_2560083 — refused · Kildare County Council · 36% match
    Townlands of Portgloriam Clonsast Ballybrack Ballyloughlan Farrandum , Clonduff
    The Applicant has not demonstrated to the satisfaction of the Planning Authority that the proposed development is appropriate from a fire safety perspective, by virtue of not submitting the relevant details in relation to on-site battery storage and fire safety, specifically b
  • eplanning_RoscommonCC_2460537 — REFUSED · — · 5% match
    Ballyoughter , Ballaghaderreen , Co. Roscommon.

Detailed assessment

The Fire Safety Statement states that "contaminated firewater runoff—are well understood and will be addressed through proven engineering controls and protective measures. These include compartmentalisation of units, fire detection and suppression systems, and controlled site drainage design to manage any contaminated runoff" (Fire Safety Statement Ballymahon Solar + BESS). This is material because the hydrology/hydrogeology assessment records "Royal Canal pNHA 0.4km 0.4km" and "Lough Ree (SPA, SAC, pNHA) 4.7km 12.5km" (Updated Hydrology & Hydrogeology, Table 3-4, page 9). The assessor should assess whether the drainage/CEMP/Fire Safety documents quantify firewater volume, containment/bund capacity, retention time and interception before surface-water, peat or groundwater pathways, and whether treatment is adequate for electrolyte decomposition products.

📄 Source documents

  • Other Assessments (docid 379180) — p.19Review this page for evidence related to this finding....gases, and contaminated firewater runoff—are well understood and will be addressed through proven engineering controls and protective measures. These include compartmentalisation of units, fire
  • Other Assessments (docid 379180) — p.17Review this page for evidence related to this finding.Page 17 of 25 Fire Safety Statement Ballymahon Solar + BESS File No. 1250 5.7 Risk from Contaminated Fire Water Runoff Contaminated firewater runoff, which could contain electrolytes, metals, or
  • NIS (docid 379227) — p.40Review this page for evidence related to this finding.Ballymahon Solar Farm Appropriate Assessment Screening and Natura Impact Statement 784-B071661 GP-TEM-006-02 • A pre construction walkover for nesting birds including lapwing to identify any.

Cases cited

eplanning_KildareCC_2560083, eplanning_RoscommonCC_2460537

Policy / guidelines cited

none cited

What to watch for

  • Firewater bund volumes and retention time for the stated 56 modules.
  • Surface-water and groundwater pathways to Royal Canal pNHA and Lough Ree.
  • Interaction with peat soils and existing drainage features.
  • Emergency procedure for capturing and treating contaminated firewater.
Site-specific thermal runaway propagation for 56-container BESS missingTier 1HIGH RISKFire-safety assessment defers thermal-runaway, HF dispersion and emergency planning to post-consent; a comparable case (Kildare 25/60083) shows this gap can be determinative.

📋 Evidence brief — what we found

🎯 Key evidence
it is not possible to develop all aspects of the items raised above until such time as this project progresses to a detailed design, which is not likely to occur until such time as planning permission is granted. at this early stage in the design process, information which would inform many of the above items is not yet available and several of the points discussed will be driven by the bess product chosen for the site. similarly, emergency planning such as preparation of an explosion protection document and an emergency evacuation plan cannot be adequately completed until such time as detailed design and management information becomes available. it is therefore the recommendation of this consultancy that further consultation should be held with the fire authority once a detailed design is produced and prior to commencement of the construction phase to establish what (if any) regulatory procedures are required to demonstrate compliance with relevant guidance (where such guidance is produced in the intervening time).
— Fire Safety Assessment/Hazard Mitigation Analysis Report 2547282IE-FSA-DM, Ballymahon Solar Farm BESS Facility, pages 12-13 — Fire Safety Assessment section (docid 379142).
🗣️ In plain English
EPA Guidelines (2022, p.56) require the EIAR to explicitly address vulnerability to major accidents and disasters [EPA Guidelines 2022, p.56]. Electricity Storage Policy Framework for Ireland 2024, Annex H, p.115 identifies NFPA 855 as setting installation standards [Electricity Storage Policy Framework for Ireland 2024, Annex H, p.115]. This requires major-accident risk consideration.
📖 Legal basis
EPA Guidelines on the Information to be Contained in Environmental Impact Assessment Reports (2022), p.56 — the EIAR must “explicitly address” the vulnerability of the project to risk of major accidents/disasters, guided by the likelihood of occurrence/risk. Electricity Storage Policy Framework for Ireland 2024, Annex H, p.115 — identifies NFPA 855 as setting standards for installation of stationary energy storage systems including emergency planning, fire control, detection and explosion control, and UL 9540A as the test method for evaluating thermal runaway fire propagation.
📂 What's on file
  • Fire Safety Statement Ballymahon Solar + BESS, File No. 1250 (docid 379180, 25 pages) — describes the BESS compound, commits to integrated fire suppression, and states that the final BESS supplier, battery chemistry and ERP will be finalised/agreed later; Section 5.6 names flammable gases only as hydrogen and carbon monoxide and says Consequence and Dispersion Modelling will be submitted.
  • CEMP Ballymahon Solar + BESS, File No. 1249 (docid 379170, 96 pages) — Section 9.3.2 lists international standards, Section 9.3.3 addresses toxic fumes generically and states the specific BESS container model will be determined at a later stage; Section 9.3.4 describes bunded firewater management but does not quantify HF or toxic gas dispersion.
  • Fire Safety Assessment/Hazard Mitigation Analysis Report 2547282IE-FSA-DM, Ballymahon Solar Farm BESS Facility (docid 379142, including the fire-safety checklist and consultant response) — identifies thermal runaway, glycol, BMS and transformer hazards; p.12-13 explicitly states that many fire-safety items cannot be completed until detailed design after planning permission; p.40-41 says product data/specifications have not been provided.
  • Council fire-safety request/checklist (within docid 379142) — required comprehensive firefighting action plan, water supply, spacing/separation fire risk assessment, Explosion Protection Document, run-off management and risk assessment; the consultant response says those items are largely deferred.
❌ What's missing
The fire-safety analysis in the supplied excerpts is present but inadequate because it does not yet evidence: a site-specific thermal-runaway propagation assessment for the 56-container BESS configuration; hydrogen fluoride gas-dispersion modelling (the documents name only hydrogen and carbon monoxide at docid 379180 p.16); completed firewater capacity/bunding details; and a completed Emergency Response Plan / Explosion Protection Document. These are framed as matters to be developed after consent, so the assessment is not a current environmental-safety assessment.
💡 Why this is wrong
The applicant has effectively asked Longford County Council to grant permission on the basis that the fire-safety analysis will be done later, once the BESS supplier and detailed design are known. That is the type of gap that led to refusal in eplanning_KildareCC_2560083, where the planning authority was not satisfied the proposal was appropriate from a fire-safety perspective because relevant battery storage and fire safety details had not been submitted (Objective EC O19). Under Schedule 6 of the Planning and Development Regulations, the assessment must describe the development’s vulnerability to major accidents and the measures to avoid or reduce significant adverse effects before a decision is made; deferring thermal-runaway, HF dispersion and emergency planning to a pre-construction Fire Authority consultation deprives the decision-maker of the evidence needed for a reasoned conclusion. The proposed BESS compound is near the Royal Canal pNHA and hydrologically connected downstream toward Lough Ree, so contaminated firewater and any gas plume are material safety and ecological concerns. Reliance on future commitments also creates judicial-review risk because the authority cannot lawfully determine significant effects without an adequate current assessment.
⚠️ Specific deficiency
The Fire Safety Statement (docid 379180, p.8) states: “The specific battery technology, its chemical composition, and the corresponding fire suppression system details will be finalised upon the selection of the BESS supplier. Full safety details and the associated Emergency Response Plan are to be formally submitted to and agreed upon in writing with the relevant Fire Authority prior to the commencement of installation or operation of the BESS units.” The fire consultant’s own report (docid 379142, pp.12-13) confirms the site-specific safety work cannot be completed until detailed design after planning permission. The CEMP (docid 379170, p.93) likewise says the “specific model of the BESS containers will be determined at a later stage of the project.” The Fire Safety Statement (docid 379180, p.16) names flammable gases only as “e.g., hydrogen, carbon monoxide” and commits to future Hazardous Area Classification, Explosion Protection Document and Consequence/Dispersion Modelling, rather than providing those assessments now.
📊 Precedent pattern
Comparable refusal(s) on this ground, listed individually for direct verification: eplanning_KildareCC_2560083 (insufficient for a blanket pattern).
📖 Relevant legislation / policy
📚 Precedent cases
  • eplanning_KildareCC_2560083 — refused · Kildare County Council · 36% match
    Townlands of Portgloriam Clonsast Ballybrack Ballyloughlan Farrandum , Clonduff
    The Applicant has not demonstrated to the satisfaction of the Planning Authority that the proposed development is appropriate from a fire safety perspective, by virtue of not submitting the relevant details in relation to on-site battery storage and fire safety, specifically b
  • eplanning_RoscommonCC_2460537 — REFUSED · — · 7% match
    Ballyoughter , Ballaghaderreen , Co. Roscommon.

Detailed assessment

The assessor should verify whether the fire-safety material on file contains a site-specific thermal-runaway propagation assessment, hydrogen fluoride dispersion modelling and a completed Emergency Response Plan for the 56-container BESS, rather than deferring them to detailed design after consent (Fire Safety Assessment 2547282IE-FSA-DM, pp.12-13). Kildare 25/60083 refused partly on the ground that the EIAR screening for the BESS, as a substantial part of the overall development, had not been robustly assessed, and the planning authority was not satisfied the BESS would not have significant environmental impacts. For this site that screening should also take account of the 0.4 km hydrological distance to Royal Canal pNHA, the 12.5 km downstream distance to Lough Ree, the 40-year operational lifespan and the 56 containerised storage modules.

📄 Source documents

  • Conservation Report — p.6Review this page for evidence related to this finding....posed development. 1.5.5 It should be noted that the proposed on-site substation, which forms an integral part of the overall grid connection strategy, is subject to a separate planning applica
  • Conservation Report — p.39Review this page for evidence related to this finding....the proposed development. It should be noted that the proposed on-site substation, which forms an integral part of the overall grid connection strategy, is subject to a separate planning applica
  • Conservation Report — p.84Review this page for evidence related to this finding....the proposed development. It should be noted that the proposed on-site substation, which forms an integral part of the overall grid connection strategy, is subject to a separate planning applica

Cases cited

eplanning_KildareCC_2560083, eplanning_RoscommonCC_2460537

Policy / guidelines cited

none cited

What to watch for

  • Whether the BESS is assessed against its own significance criteria rather than treated as solar ancillary.
  • Whether off-gassing, thermal runaway and firewater pathways are included in the screening.
  • Whether the screening sufficiently considers Natura 2000 connectivity and the 40-year lifespan.
  • Whether the screening conclusion is robust enough to avoid a requirement for further BESS-specific environmental assessment.
Standalone Biodiversity Management Plan with 40-year programme not evidencedTier 1HIGH RISKThe NIS states a Landscape and Biodiversity Management Plan "will be prepared"; no standalone operational Biodiversity Management Plan is evidenced, so the adequacy of the Landscape Mitigation and Biodiversity Plan on file should be verified.

📋 Evidence brief — what we found

🎯 Key evidence
a landscape and biodiversity management plan (lbmp) will be prepared for the proposed development.
— Ballymahon Solar Farm Appropriate Assessment Screening and Natura Impact Statement (docid 379227), page 14 — Section 1.3.8 Construction Compound
🗣️ In plain English
This issue is about whether the solar farm has a real biodiversity management plan, not just a promise. The application says a plan will be prepared later, but the planning system needs to see the actual plan now so it can check that habitats, hedgerows and invasive species will be looked after for the full 40 years. If it isn't there, the council can't know whether the wildlife measures will actually happen or be enforced.
📖 Legal basis
Longford County Development Plan 2021–2027, Chapter 16, DMS16.201 requires all development proposals to address the presence or absence of invasive alien species and, if necessary, submit an Invasive Species Management Plan where such a species exists, to comply with the European Communities (Birds and Natural Habitats) Regulations 2011–2015. DMS16.202 requires that proposals do not lead to the spread or introduction of invasive species and that, if a site has/had invasive species, the applicant must submit a control and management programme. Section 34 of the Planning and Development Act 2000 also requires the decision to accord with the proper planning and sustainable development of the area, including material considerations such as biodiversity management. No more specific statutory requirement for a standalone 40‑year Biodiversity Management Plan is established from the available sources.
📂 What's on file
  • Ballymahon Solar Farm Appropriate Assessment Screening and Natura Impact Statement (docid 379227, page 14) — states 'A Landscape and Biodiversity Management Plan (LBMP) will be prepared for the proposed development' and notes that 186 hedgerows will be removed; indicates restoration with rewilding after decommissioning.
  • Ballymahon Solar Farm and BESS Preliminary Ecological Appraisal (part of the submitted Conservation Report) — records no invasive non-native species on site but acknowledges additional evidence may emerge later in the season; makes optional biodiversity enhancement recommendations for bird boxes and native planting; does not provide an operational management plan.
  • Landscape Mitigation & Enhancement Plan – Northern Block – Parcels 2 & 3 (docid 379233) — includes planting schedule and marks bird, bat and insect boxes as 'indicative locations'; General Notes state 'All levels and setting out to be determined on site by the Ecological Clerk of Works.'
  • Landscape Mitigation & Design Overall Site Layout and Planting Schedule (docid 379164) — provides detailed species percentages and spacing for trees, hedge plants, shrubs and native grass mix but no management prescriptions, monitoring or audit triggers.
  • Other Assessments (docid 379215) — describes 'The Landscape Mitigation and Biodiversity Plan outlines a number of measures…' but only at design-intent level, without measurable operational commitments.
  • Application cover letter (docid 379142) and Site Notice — list 'Landscaping and biodiversity enhancement measures' but the list of accompanying documents does not name a standalone Biodiversity Management Plan, and the NIS indicates the LBMP will be prepared later.
❌ What's missing
Not evidenced in the supplied excerpts: a standalone implementation-ready Biodiversity Management Plan with measurable management prescriptions, a 40-year operational work programme, named responsible parties, monitoring and success criteria, audit/compliance triggers, and a site-specific invasive species control protocol. The landscape drawings and Preliminary Ecological Appraisal provide design or survey information, not an operational management plan. The NIS states a future LBMP will be prepared, so the adequacy of the submission on this point should be verified.
💡 Why this is wrong
Because the LBMP is described in the future tense, the decision-maker cannot assess whether the biodiversity measures are achievable, measurable, funded, or monitored over the 40-year operational lifetime. This is a material information gap: Longford CDP DMS16.201/16.202 require proposals to address invasive species and, where relevant, submit a management or control programme, but the Preliminary Ecological Appraisal merely notes that no INNS were recorded while acknowledging possible later emergence; no operational control plan is evidenced in the sampled documents. The NIS itself records 186 hedgerows to be removed while deferring the management plan to a future date. If ABP grants permission based on a promise, it cannot impose precise pre-commencement conditions or enforce measurable biodiversity outcomes, leaving the development contrary to proper planning and sustainable development.
⚠️ Specific deficiency
The applicant's own NIS says an LBMP 'will be prepared' — not that it has been prepared and submitted. The documents reviewed do not evidence a standalone Biodiversity Management Plan or Invasive Species Management Plan (the ECR s4.6.4.2 refers to a 'Biodiversity Management Plan' that 'will promote' hedgerow and biodiversity outcomes, without setting it out); the landscape drawings mark bird, bat and insect boxes as 'indicative locations' and state 'All levels and setting out to be determined on site by the Ecological Clerk of Works', leaving operational implementation unaddressed. The Preliminary Ecological Appraisal gives optional enhancement recommendations and notes no INNS but does not set measurable management prescriptions, monitoring methods, named responsible parties, or audit triggers. In effect, the applicant has deferred the very details necessary to assess and condition biodiversity protection.
⚖️ Risk to address
The applicant must submit an implementation-ready Biodiversity Management Plan for the full 40-year operational life, with measurable habitat creation and monitoring commitments, named responsible parties, audit triggers and a biosecurity/invasive species control protocol, before any decision is made; otherwise permission should be refused because the proposal does not demonstrate adequate biodiversity management under section 34 of the PDA 2000.
📊 Precedent pattern
No cited case was refused on a biodiversity management plan ground; the cases listed were refused on other grounds. Too few to establish a pattern.
📖 Relevant legislation / policy
  • Longford County Development Plan 2021-2027 p.350dev plan
    CHAPTER 12: NATURAL HERITAGE & ENVIRONMENT
    345 amenity areas include Lough Ree, the Rivers Shannon, Inny and Camlin, the Royal Canal, Newcastle Wood and other forests and the future rehabilitated Bord na Móna bogs. All of these amenity areas are in close proximity to each other and they have the potential to create an interlinked and unique natural heritage amenity area for the County.
  • lap draft guidelines june 2012 p.40s28 guideline
    5 — 5.4 Integrating Environmental Considerations in Local Area Planning The development trends of recent years have raised questions about sustainability in environmental as well as economic and social terms. Local area plans can play a key role in turning around future patterns towards less energy intensive, more prudent and ecologically sensitive ways to meet the development needs of Irish society and its economy. Local area plans should therefore be based fundamentally doing no harm to the stock of environmental qualities that might be affected by the development of that area and in addition, maximising the opportunities for improving environmental qualities.
    essment and Strategic Environmental Assessment will also assist planning authorities in looking at wider biodiversity issues arising from its proposed implementation. Local Biodiversity Action Plans, adopted as part of integrated Local Heritage Plans, can set out a range of measures for the conservation and sustainable use of biodiversity at the l
  • local area plans guidelines for planning authorities june 2013 p.43s28 guideline
    5 — 5.4 Integrating Environmental Considerations in Local Area Planning The development trends of recent years have raised questions about sustainability in environmental as well as economic and social terms. Local area plans can play a key role in turning around future patterns towards less energy intensive, more prudent and ecologically sensitive ways to meet the development needs of Irish society and its economy. Local area plans should therefore be based fundamentally doing no harm to
    Screening of a local area plan for Appropriate Assessment and Strategic Environmental Assessment will also assist planning authorities in looking at wider biodiversity issues arising from its proposed implementation. Local Biodiversity Action Plans, adopted as part of integrated Local Heritage Plans, can set out a range of measures for the conserv
  • Ireland's National Energy and Climate Plan 2021-2030 (final updated 2024) p.77national policy
    2. National Objectives and Targets — LULUCF
    increase the adaptive capacity of people and biodiversity while also contributing to climate change mitigation. A new and updated Fourth Biodiversity Action Plan 2023-2030 was published in January 2024. A new Biodiversity Sectoral Adaptation Plan will
  • Ireland's 4th National Biodiversity Action Plan 2023-2030 (NPWS, 2024) p.25national policy
    Collective Action for Biodiversity
    In 2002, Ireland published its first National Biodiversity Action Plan (2002- 2006)42 as the main vehicle for meeting commitments under the Convention on Biological Diversity (CBD) and EU Biodiversity Strategy. The overall objective of the first Plan was to secure the conservation, including where possible the enhancement, and sustainable use of bi
📚 Precedent cases

Detailed assessment

Given the proposal includes "Landscaping and biodiversity enhancement measures", the assessor should assess whether the on-file Biodiversity Management Plan is a standalone, implementation-ready operational plan rather than a survey/description chapter. It should set measurable management prescriptions, a 40-year work programme, named responsible parties, and audit/compliance triggers, and be secured by a pre-commencement condition in line with OPR PN03's solar-farm condition wording.

📄 Source documents

  • Conservation Report — p.37Review this page for evidence related to this finding....adgers and their setts, avoidance and mitigation measures are recommended (Sett 1, 2, 3, 4 and 6). Implementation of Reasonable Avoidance Measures, included in this report, is expected to minimi
  • Other Assessments — p.10Review this page for evidence related to this finding....the written agreement of the Planning Authority prior to the commencement of development. • The implementation of appropriate mitigation measures where archaeological material is identified, i
  • Other Assessments (docid 379142) — p.2Review this page for evidence related to this finding....nd operational access via two existing entrances on the R397 and L5527 roads. • Landscaping and biodiversity enhancement measures The proposed development will also include drainage and all

Cases cited

eplanning_LimerickCC_25105

Policy / guidelines cited

none cited

What to watch for

  • Standalone BMP with measurable prescriptions and 40-year work programme
  • Pre-commencement condition and audit/compliance triggers
  • Operational content rather than survey or descriptive text
Species-rich grassland sowing under arrays not specifiedTier 1HIGH RISKThe ECR and NIS place the post-restoration rewilding and habitat monitoring at decommissioning, and the Landscape Mitigation and Biodiversity Plan does not specify seed mix, native provenance or a mowing/grazing regime.

📋 Evidence brief — what we found

🎯 Key evidence
following decommissioning, the site area, other than access tracks, will be fully revegetated to return the site to its pre-development condition. the site will undergo a restoration process with rewilding efforts to support biodiversity.
— Appropriate Assessment Screening and Natura Impact Statement (docid 379227), page immediately before Section 5.3.2 'Surface water pollution during works'.
🗣️ In plain English
Section 9 of the Wildlife (Amendment) Act 2000 imposes a statutory responsibility to promote biological diversity [s.9, Wildlife (Amendment) Act 2000]. The assessor should therefore consider whether operational conservation, not only decommissioning restoration, is shown. The Longford County Development Plan 2021-2027 records that duty and local native-planting actions. The application does not show how it will manage the 111 hectares for wildlife during the 40-year operational life of the panels. The supplied excerpts do not evidence an operational Biodiversity Management Plan for native wildflower/grass sowing, pollinator seed provenance, or mowing/grazing to prevent shading [docid 379227].
📖 Legal basis
Longford County Development Plan 2021-2027, Chapter 12 Natural Heritage & Environment, p.350, records that 'Under Section 9 of the Wildlife (Amendment) Act, 2000, a statutory responsibility is outlined to “promote the conservation of biological diversity”', and sets out local biodiversity actions including planting native species and nectar-producing perennials. The supplied sources do not establish any solar-specific statutory duty for a standalone Biodiversity Management Plan; the adequacy of the submitted biodiversity measures therefore falls to be weighed under (proper planning and sustainable development / material considerations).
📂 What's on file
  • Other Assessments (docid 379149) — ECR Ballymahon Solar Farm, Section 5.7.3: commits post-decommissioning revegetation using native species, rewilding, wildflower meadows/scrub/bird and bat boxes, and post-restoration monitoring; invasive species control is mentioned only for decommissioning machinery cleaning.
  • Appropriate Assessment Screening and Natura Impact Statement (docid 379227) — states the post-decommissioning restoration quote and relies on 'management set out in section 5.3.1' to maintain suitable foraging habitat, and section 5.3.1 commits only generally to long grass with native meadow grass and wildflowers beneath the panels when not grazed.
  • Other Assessments (docid 379215) — Landscape Mitigation and Biodiversity Plan text: hedgerow/tree planting in first available planting season; field margin wildflower/bird seed mixes after main civil works; habitat housing.
  • Visual Assessment Report — Landscape Mitigation & Biodiversity Plan drawing 25188-2-100: legend shows wildflower meadow/wild bird seed cover, field margin cover, bird/bat/insect boxes, and native screen mixes.
  • Other Assessments (docid 379158) — Decommissioning Report Site Rehabilitation and Restoration: native seed mix for disturbed areas, decompaction, drainage repair, but framed as post-decommissioning.
❌ What's missing
Not evidenced in the supplied excerpts: a standalone operational Biodiversity Management Plan specifying species-rich wildflower/grassland sowing under and between arrays from the first planting season, native pollinator seed provenance, and a mowing/grazing regime to maintain floral diversity and prevent panels being shaded out. Invasive species control is evidenced only at decommissioning; no operational monitoring of habitat creation is detailed.
💡 Why this is wrong
The supplied materials treat biodiversity enhancement as an end-of-life restoration exercise rather than an operational commitment. The NIS itself relies on 'management set out in section 5.3.1' to conclude that suitable foraging habitat will be maintained, but section 5.3.1 gives only a general commitment to promote long grass with native meadow grass and wildflowers beneath the panels 'when not grazed', with no seed mix, provenance or mowing/grazing regime; without an operational seeding and mowing/grazing regime, the site could sit under panels as species-poor shaded ground for the entire operational life. This does not sit comfortably with the County Development Plan's biodiversity duty to promote conservation of biological diversity.
⚠️ Specific deficiency
The applicant's ECR (docid 379149) section 5.7.3 and NIS (docid 379227) place the only explicit post-restoration habitat monitoring commitment in the decommissioning phase, with no equivalent operational plan for the 111.1 ha operational phase. The Landscape Mitigation and Biodiversity Plan text (docid 379215) says field margin wildflower/bird seed mixes occur only after main civil works, and the drawing legend (25188-2-100) labels areas as wildflower meadow but does not specify seed mix, native provenance, or mowing/grazing. Invasive species controls are similarly limited to decommissioning machinery cleaning in docid 379149.
⚖️ Risk to address
Require, as a condition of any grant, a standalone operational Biodiversity Management Plan to be submitted and approved before development commences, specifying wildflower/species-rich grassland under and between panels, native pollinator seed provenance, a mowing/grazing regime to prevent panel shading, and operational invasive species monitoring; or refuse permission for lack of demonstrated operational biodiversity enhancement.
📊 Precedent pattern
Insufficient for a pattern.
📖 Relevant legislation / policy
  • Longford County Development Plan 2021-2027 p.350dev plan
    CHAPTER 12: NATURAL HERITAGE & ENVIRONMENT
    See Longford County Development Plan 2021-2027, CHAPTER 12: NATURAL HERITAGE & ENVIRONMENT, cited in full above.
  • lap draft guidelines june 2012 p.40s28 guideline
    5 — 5.4 Integrating Environmental Considerations in Local Area Planning The development trends of recent years have raised questions about sustainability in environmental as well as economic and social terms. Local area plans can play a key role in turning around future patterns towards less energy intensive, more prudent and ecologically sensitive ways to meet the development needs of Irish society and its economy. Local area plans should therefore be based fundamentally doing no harm to the stock of environmental qualities that might be affected by the development of that area and in addition, maximising the opportunities for improving environmental qualities.
    See lap draft guidelines june 2012, 5, 5.4 Integrating Environmental Considerations in Local Area Planning The development trends of recent years have raised questions about sustainability in environmental as well as economic and social terms. Local area plans can play a key role in turning around future patterns towards less energy intensive, mor
  • local area plans guidelines for planning authorities june 2013 p.43s28 guideline
    5 — 5.4 Integrating Environmental Considerations in Local Area Planning The development trends of recent years have raised questions about sustainability in environmental as well as economic and social terms. Local area plans can play a key role in turning around future patterns towards less energy intensive, more prudent and ecologically sensitive ways to meet the development needs of Irish society and its economy. Local area plans should therefore be based fundamentally doing no harm to
    See local area plans guidelines for planning authorities june 2013, 5, 5.4 Integrating Environmental Considerations in Local Area Planning The development trends of recent years have raised questions about sustainability in environmental as well as economic and social terms. Local area plans can play a key role in turning around future patterns tow
  • Ireland's National Energy and Climate Plan 2021-2030 (final updated 2024) p.77national policy
    2. National Objectives and Targets — LULUCF
    See Ireland's National Energy and Climate Plan 2021-2030 (final updated 2024), 2. National Objectives and Targets, LULUCF, cited in full above.
  • Ireland's 4th National Biodiversity Action Plan 2023-2030 (NPWS, 2024) p.25national policy
    Collective Action for Biodiversity
    See Ireland's 4th National Biodiversity Action Plan 2023-2030 (NPWS, 2024), Collective Action for Biodiversity, cited in full above.

Detailed assessment

The NIS states "Following decommissioning, the site area, other than access tracks, will be fully revegetated to return the site to its pre-development condition. The site will undergo a restoration process with rewilding efforts to support biodiversity", but this is a post-decommissioning restoration commitment. The assessor should assess whether the BMP specifies operational habitat creation measures from the first planting season, including wildflower meadow/species-rich grassland beneath and between the panel arrays, native pollinator seed provenance, and a mowing/grazing regime that maintains floral diversity and prevents panels being shaded out.

📄 Source documents

  • NIS (docid 379227) — p.40Review this page for evidence related to this finding....ice at the time. Following decommissioning, the site area, other than access tracks, will be fully revegetated to return the site to its pre-development condition. The site will undergo a restora
  • Conservation Report — p.200Review this page for evidence related to this finding....dicated their intention to retain and avoid the majority of existing valuable ecological features, including hedgerows, trees, treelines, woodland parcels and waterbodies and the final outline de
  • Other Assessments (docid 379156) — p.5Review this page for evidence related to this finding....gist are required. • Existing nesting habitats should be protected throughout the project. • Grassland beneath solar arrays should be managed to maintain ecological value through tailored g

Cases cited

none cited

Policy / guidelines cited

none cited

What to watch for

  • Species-rich grassland/wildflower seed mix and native provenance
  • Mowing/grazing/management regime for operational phase
  • Completion within first planting season and enforceable trigger
Esker ridge and bawn wall landscape sensitivity unaddressedTier 1HIGH RISKThe analysis identifies a possible gap: the supplied excerpts do not show the LVIA assessing the elevated esker and bawn wall receptors specifically, although it does assess the site against the county landscape character types; landscape-sensitivity grounds have featured in refusals elsewhere.

📋 Evidence brief — what we found

🎯 Key evidence
on balance, the importance of the change to the inherent landscape character of the receiving environment is regarded as 'moderate.' given the mitigation efforts inherent in the design proposals of both developments, the quality of effect will be neutral, while the duration of effect will be 'long term.'
— Landscape and Visual Appraisal – Ballymahon Solar (docid 379215), p.40 — Section 1.6.5 Cumulative Landscape Effects.
🗣️ In plain English
CPO 5.145 of the Longford County Development Plan 2021–2027 requires solar proposals to address ‘The Landscape Character of the County’, ‘Visual impact particularly on raised/elevated sites’, and ‘“Zone of Visual Influence” and visual impact of the structures’ [CPO 5.145, Longford CDP 2021–2027]. Chapter 16 DMS16.181 directs the Council to consider, among other matters, ‘Impact of the development on the landscape and the Zone of Visual Influence’ [DMS16.181, Longford CDP 2021–2027]. The practical effect is that the application must address these landscape and visual matters.
📖 Legal basis
Longford County Development Plan 2021–2027, CPO 5.145 (Chapter 5, p.169 of the authority extract) requires proposals for solar energy to address: ‘The Landscape Character of the County’, ‘Visual impact particularly on raised/elevated sites’, and ‘“Zone of Visual Influence” and visual impact of the structures’. Chapter 16 DMS16.181 (p.449) directs the Council to consider, among other matters, ‘Impact of the development on the landscape and the Zone of Visual Influence’, ‘Impact on protected Views and Prospects’, ‘Mitigation features, where impacts are inevitable’, and protection of ‘areas of... scenic importance’. These policies are material considerations under in deciding whether the development accords with proper planning and sustainable development.
📂 What's on file
  • Landscape and Visual Appraisal – Ballymahon Solar (docid 379215, by Cunnane Stratton Reynolds) — at p.40 it assigns cumulative landscape effects an importance of ‘Moderate’, quality ‘Neutral’ and duration ‘Long Term’, and states a 5km ZVI is used ‘as is standard’.
  • Other Assessments / ECR Ballymahon Solar Farm landscape chapter (docid 379149, pp.123–131) — sets out methodology, references GLVIA3 and CPO 4.47 only in the supplied excerpt, and reproduces generic sensitivity/magnitude tables (Table 9-2, Figure 9-2).
  • Visual Assessment Report (no docid, RFI response) — reassesses viewpoints 4, 5, 6 and 8 after layout changes and claims landscape effects are unchanged, with more hedgerow/tree cover.
  • Further Information Response – Ballymahon Solar + BESS (no docid, p.41 of 42) — states the proposal is ‘in line with recommendations ... landscape and visual impacts set out in the Longford County Development Plan’ without providing the underlying assessment.
  • F I Received Doc (docid 386940) — sets out renewable-energy policy benefits and low-impact assertions; does not contain a landscape character assessment in the supplied excerpt.
❌ What's missing
Not evidenced in the supplied excerpts: a site-specific landscape sensitivity/value analysis that expressly identifies and judges the esker ridge in Parcel 1 and the recorded bawn wall with circular tower on an elevated ridge in Parcel 3; a receptor-by-receptor inter-visibility analysis from elevated ground, public roads and the Shannon Basin/Lough Ree, Peatlands and Inny Basin LCAs over the 40-year operational period; and a defensible explanation of how ‘Moderate’ importance and ‘Neutral’ quality can be reconciled with a 111.11 ha operational change. The LVIA’s 5km ZVI is asserted as ‘standard’ but not justified against these receptors.
💡 Why this is wrong
The LVIA acknowledges the principal operational change is 111.11 ha of pasture to renewable energy infrastructure, yet its landscape-character conclusion is only ‘Moderate’/‘Neutral’ with no evidence in the supplied excerpts that the raised esker or bawn wall were assessed as landscape receptors. CPO 5.145 expressly requires solar proposals to address visual impact on raised/elevated sites and the ZVI; a generic 5km ZVI and Table 1.2 medium-magnitude descriptor do not discharge that. The Further Information Response then asserts CDP compliance in one sentence. If no site-specific test of these receptors is on file, the Board may not be able to be satisfied that the development complies with Longford CDP or proper planning.
⚠️ Specific deficiency
The applicant’s LVIA (docid 379215, p.40) applies the Table 1.2 ‘Medium’ magnitude definition and then concludes ‘Moderate’/‘Neutral’/‘Long Term’ as if those labels followed automatically, with no identification or weighting of the esker ridge and bawn wall receptors evident in the supplied excerpts. It states the 5km ZVI is used ‘as is standard with proposed solar developments in Ireland and the UK’ rather than demonstrating that this extent captures views from elevated ground, public roads and the named LCAs. The RFI Visual Assessment Report re-runs only viewpoints 4, 5, 6 and 8, and the F I Response asserts landscape compliance without new analysis. These are conclusory determinations, not the evidence-based approach the CDP and GLVIA methodology call for.
⚖️ Risk to address
Object that the LVIA does not demonstrate compliance with Longford CDP CPO 5.145 and DMS16.181 because the supplied excerpts do not show it specifically assessing landscape character and visual impact on the raised esker ridge, the recorded bawn wall and inter-visibility over the 40-year operational period; ask the Board to refuse the application or require a revised LVIA.
📊 Precedent pattern
1 refusal on a related ground (PL17-311536); the other cases listed were refused on other grounds. Too few to establish a pattern.
📖 Relevant legislation / policy
📚 Precedent cases
  • PL17-311536 — refused · Meath County Council · 47% match
    Lands Including Rogerstown, Smithstown, Calliaghstown,, Pilltown and Ballymad, D
    HER POL 52 of the Meath County Development Plan 2021-2027 is to protect and enhance the quality, character, and distinctiveness of the landscapes of the county in accordance with the national policy and guidelines and the recommendations of the Landscape Character Assessment (

Detailed assessment

The LVIA's cumulative landscape effects conclusion that "the importance of the change to the inherent landscape character of the receiving environment is regarded as 'Moderate.'" and the "quality of effect will be Neutral" while the "duration of effect will be 'Long Term'" needs to be stress-tested against the site's landscape receptor profile: an esker ridge runs through Parcel 1 and the recorded bawn wall with circular tower is sited on an elevated ridge within Parcel 3. The assessor should verify that the LVIA's use of 'Moderate' importance and 'Neutral' quality is evidence-based rather than generic, and that its 5km Zone of Visual Influence and photomontages adequately test inter-visibility from elevated ground, public roads and the Shannon Basin/Lough Ree, Peatlands and Inny Basin LCAs over a 40-year operational lifespan.

📄 Source documents

  • Other Assessments (docid 379215) — p.10Review this page for evidence related to this finding....classified as positive, neutral or negative/adverse. Development has the potential to improve the environment as well as damage it. 1.2.4 Methodology for Visual Appraisal Visual appraisal cons
  • Other Assessments (docid 379215) — p.40Review this page for evidence related to this finding....pment would have a localised change and in the context of the landscape character of the receiving environment is regarded as being of Medium magnitude. In accordance with Table 1.2, this is: ‘C
  • Other Assessments (docid 379163) — p.53Review this page for evidence related to this finding....and sustainable development, as well as the likely effects of the Ballymahon Solar Project on the environment. Assessments carried out in support of the planning application, including ecologica

Cases cited

PL17-311536

Policy / guidelines cited

none cited

What to watch for

  • Whether the LVIA provides a transparent sensitivity/capacity score for the Open Agricultural LCT using CDP Chapter 14 criteria.
  • Whether viewpoints include the esker ridge, bawn wall tower, elevated parcels and public roads.
  • Whether the Moderate/Neutral classification is substantiated with survey or photo-view data and not template language.
  • Whether the 5km ZVI and photomontages reflect the revised 700,000 sqm panel area and 18 MV stations.
Cumulative impact limited to two named projects, genericTier 1HIGH RISKThe cumulative assessment relies on generic conditions and inconsistent limited inventories, a deficiency that has featured in comparable refusal grounds.

📋 Evidence brief — what we found

🎯 Key evidence
each project currently permitted and/or currently being considered in the planning process in the wider area will be subject to planning conditions which include appropriate mitigation measures to minimise environmental impacts. provided that mitigation measures for other developments are implemented as permitted, there will be no significant cumulative effects.
— Other Assessments (docid 379174) — EIA Screening Report, Ballymahon Solar + BESS Farm, p.60 — Section 5.9 Potential Cumulative Impacts.
🗣️ In plain English
Cumulative impact means the combined effect of this solar farm with other solar farms, wind farms, road works and grid works already built, approved or planned nearby [docid 379174, p.60]. The applicant's paperwork relies on planning conditions with mitigation for other projects [docid 379174, p.60]. But the EIA Screening Report's Table 5.1 evidences only two named planning applications and does not evidence a complete inventory of existing, permitted and proposed solar/renewable projects; its generic statement does not provide a project-by-project cumulative analysis [docid 379174, p.60]. On that thin information, the decision may miss a real cumulative effect. The planning authority/Board must decide in accordance with proper planning and sustainable development, weighing all material considerations, and national guidance supports this concern [s.3.3.5, 2022].
📖 Legal basis
the planning authority/Board must decide in accordance with the proper planning and sustainable development of the area, weighing all material considerations. The available national guidance supports this cumulative concern: EPA Guidelines on the Information to be Contained in Environmental Impact Assessment Reports (2022), §3.3.5 (p.33) advises scoping should 'identify the full range of these other likely sources of potential effects at the initial scoping stage' and, where uncertainty arises, describe the 'worst case' scenario; OPR Practice Note PN02 (June 2021), Form 3, p.30 sets out that the screening examination should identify 'Other existing or permitted projects... that could give rise to cumulative effects'; Guidelines for Planning Authorities and An Bord Pleanála on carrying out Environmental Impact Assessment (August 2018), §6.11–6.12 (p.42) state effects must be considered cumulatively, including 'interaction between all of the different existing and/or approved projects in the same area'; DEHLG Appropriate Assessment Guidance (2009, rev. 2010), p.34 states the screening report should clearly state what in-combination projects have been considered and that '[s]imply stating that “there are no cumulative impacts” is insufficient.' These are guidance/best practice, not statutory binding duties; no more specific statutory requirement is established from the supplied sources.
📂 What's on file
  • Other Assessments (docid 379174) — EIA Screening Report, Ballymahon Solar + BESS Farm, pp.59–73. Section 5.9 'Potential Cumulative Impacts' contains Table 5.1 and the generic statement that each permitted/considered project will be subject to planning conditions, so 'there will be no significant cumulative effects.'
  • Other Assessments (docid 379174) — EIA Screening Report, p.72, screening checklist item (g). It states a 'comprehensive desktop review of available historical planning data within a 2km radius' and refers to 'Planning Reference 2460325 and 2460255' — an inconsistency with Table 5.1, which lists 2460325 and 2360075.
  • NIS (docid 379227) — Ballymahon Solar Farm Appropriate Assessment Screening and Natura Impact Statement, section 5.2 'In-Combination Effects'. Table 3 as reproduced lists only planning refs 2460325 (130 ha solar farm) and 02285 (Kepak WWTP), with AA summaries.
  • Other Assessments (docid 379215) — Landscape and Visual Appraisal by Cunnane Stratton Reynolds. Section 1.4.4 Planning History identifies Foigha Solar Farm (2460325) and DerryAdd Wind Farm; section 1.6.5 Cumulative Landscape Effects concludes there would be a 'notable localised increased intensity of the same renewable energy type land use' and scores the cumulative change as Medium magnitude / Moderate importance.
  • Other Assessments (docid 379149) — ECR Ballymahon Solar Farm, section 7.1.7 Cumulative Assessment. It limits the cumulative noise review to a 5 km radius and identifies only planning ref 2460325, predicting cumulative noise levels below NG4 criteria.
❌ What's missing
The cumulative assessment is present but inadequate in the supplied excerpts. The EIA Screening Report's Table 5.1 evidences only two named planning applications, and its reasoning substitutes a generic statement that other projects will be subject to conditions for a project-by-project cumulative analysis. It does not evidence a complete inventory of all existing/permitted/proposed solar/renewable developments within a 5–10 km study area, does not provide each project's location/distance/status beyond the two entries, does not quantify combined land-take or cumulative effects across landscape, traffic, noise, ecology and drainage, and does not evidence identification of any BNRG Ballymahon Ltd or related-entity permissions. The NIS's Table 3 excerpt lists only two projects and does not evidence inclusion of the 2360075 solar-farm lifespan extension that appears in the EIA Screening Report's Table 5.1. The LVIA identifies one pending solar farm and one wind farm, yet the EIA Screening Report summarises cumulative landscape effects as 'Low to Negligible' while the LVIA scores a localised cumulative landscape change as 'Medium magnitude'. The noise cumulative assessment is confined to 5 km and one project. These are adequacy gaps in the supplied excerpts, not proven absences from the application, but they leave the conclusion unsupported.
💡 Why this is wrong
The conclusion rests on an assumption that other projects' planning conditions will eliminate cumulative effects, rather than on a named, mapped and quantified cumulative assessment. That is contrary to national screening/EIA guidance (OPR PN02 Form 3, p.30; EPA EIAR Guidelines 2022, §3.3.5; EIA Guidelines 2018, §6.11–6.12), which expects the decision-maker to see the full range of other projects and their combined effects. For the NIS, DEHLG AA Guidance says simply stating there are no cumulative impacts is insufficient. In PL17-311536, ABP refused a solar farm partly because the NIS was not based on best available scientific information and significant effects on European sites individually or in combination with other plans/projects could not be excluded; the same logic applies where the cumulative inventory is thin. If ABP relies on the current generic cumulative reasoning, the decision may be inadequately evidenced and open to challenge.
⚠️ Specific deficiency
The applicant's EIA Screening Report (docid 379174, p.60) asserts that each permitted/considered project 'will be subject to planning conditions' and therefore there will be 'no significant cumulative effects' without providing a comprehensive named and analysed project inventory. Table 5.1 gives only two entries, and p.72 later refers to a 2 km review citing 'Planning Reference 2460325 and 2460255' (the latter a non-solar nursery application), a different set from Table 5.1 that the report does not reconcile with it. The NIS (docid 379227, Table 3) reproduces only two in-combination projects and does not evidence the 2360075 solar extension. The LVIA (docid 379215, §1.6.5) identifies a 'notable localised increased intensity' and Medium magnitude cumulative landscape change, but the screening report's own checklist (docid 379174, p.73) reduces cumulative landscape impacts to 'Low to Negligible'. The ECR (docid 379149, §7.1.7) restricts cumulative noise to a 5 km radius and one planning reference. These are internal inconsistencies and a failure to demonstrate a complete and consistent cumulative inventory.
⚖️ Risk to address
Argue that the cumulative/in-combination assessment is not robust: the applicant must provide a consolidated table of all existing, permitted and proposed solar/renewable developments within at least 5–10 km — including any BNRG Ballymahon Ltd or related-entity schemes — with status, distance, overlapping receptors and combined effects on landscape, traffic, noise, ecology and drainage, and cannot rely on the generic assumption that other projects' conditions will avoid cumulative harm.
📊 Precedent pattern
Insufficient for a blanket pattern.
📖 Relevant legislation / policy
  • Energy Security in Ireland to 2030 p.37national policy
    Greening Industry — What does the Package propose?
    This Package: • Reinforces the importance of developing indigenous renewables to Ireland’s energy security both as a short-term and long-term measure. The detailed plans for the roll- out and targets for renewables are set out in the CAP23 and will be updated in annual revisions of the Climate Action Plan. The delivery of Ireland’s CAP23 targets
  • Energy Security in Ireland to 2030 p.35national policy
    A Renewables-led System — What are we already doing?
    Accelerating Renewables is one of the six vital high impact sectors in the CAP23 for delivering a significant reduction in emissions. CAP23 is about facilitating large-scale deployment of renewables, which is essential for decarbonising the power sector as well as enabling the electrification of other technologies. The CAP23 also highlights that t
  • Ireland's National Energy and Climate Plan 2021-2030 (final updated 2024) p.208national policy
    Chapter 22 of the Climate Action Plan 2024 focuses on climate adaptation, primarily in the — SDG;
    enetration of renewables in electricity generation will have knock on effects on the level of emissions of key pollutants across the state. It is also proposed in the national demand management strategy, which is currently out to public consultation, that legislation
  • OPR Practice Note PN01 — Appropriate Assessment Screening for Development Management (2021) p.8technical guidance
    2.0 Key Concepts — In-Combination Effects
    Some projects are unlikely to have significant effects on their own. However, the effects in- combination with other plans or projects could be significant. The in-combination assessment should concentrate on projects/plans that could in fact act in-combination with the current project to affect site conservation objectives. For example, in a site
  • OPR Practice Note PN02 — Environmental Impact Assessment Screening (June 2021) p.6technical guidance
    2.0 Key Concepts — Cumulative Effects
    Cumulative effects can arise in two ways. Firstly, the addition of several minor or significant effects. These include the effects of other projects to create larger, more significant effects. While a single activity may itself result in a minor impact, it may, when combined with other impacts (minor or significant), result in an impact that is con
📚 Precedent cases
  • eplanning_KildareCC_2560083 — refused · — · 7% match
    Townlands of Portgloriam Clonsast Ballybrack Ballyloughlan Farrandum , Clonduff

Detailed assessment

The assessor should assess whether the EIA Screening Report and Planning Statement have adequately identified and assessed all proposed or permitted solar/renewable developments within 5–10 km, including any other BNRG Ballymahon Ltd or related-entity permissions, rather than relying on a generic assumption that other projects' mitigation will avoid cumulative effects. The EIA Screening Report states that "Each project currently permitted and/or currently being considered in the planning process in the wider area will be subject to planning conditions which include appropriate mitigation measures to minimise environmental impacts. Provided that mitigation measures for other developments are implemented as permitted, there will be no significant cumulative effects" (EIA Screening Report, p.60), but that reasoning does not itself demonstrate a complete project inventory, combined land take or the applicant's own cumulative portfolio.

📄 Source documents

  • Other Assessments (docid 379163) — p.9Review this page for evidence related to this finding....s. The statement was reviewed by Vivienne Egan on behalf of BNRG Ballymahon Ltd and Plan Energy Developments Ltd. Vivienne has a MSc in Planning from Queens University, Belfast, is a Member of
  • Other Assessments (docid 379174) — p.15Review this page for evidence related to this finding.Page 15 of 77 EIA Screening Report Ballymahon Solar + BESS Farm Bachelor of Science (BSc) in Marine Science from the University of Galway and a Master of Science (MSc, Hons) in Environmental Scien
  • Other Assessments (docid 379215) — p.5Review this page for evidence related to this finding....ance, a 5km study area has been used, in accordance with standard LVIA practise for proposed solar developments in Ireland and the UK. However, it should not be inferred that the proposed devel

Cases cited

eplanning_KildareCC_2560083

Policy / guidelines cited

none cited

What to watch for

  • A table of all permitted/proposed solar and wind developments within 5 km and 10 km, with status and distances
  • Any other BNRG Ballymahon Ltd or related-entity permissions and their combined panel area
  • Whether the cumulative assessment discounts projects below a threshold or assumes future mitigation without evidence
  • Cross-check with the Council's planning register and pre-application consultation notes
Site-specific hydraulic modelling and runoff rates not providedTier 1HIGH RISKThe FRA relies on indicative mapping and omits site-specific hydraulic modelling and quantified runoff assessment, a deficiency comparable decisions have treated as a determinative refusal ground.

📋 Evidence brief — what we found

🎯 Key evidence
based on the available flood mapping, hydrological data, topographical information, and site-specific observations, sufficient information is available to complete the flood risk assessment without the need for detailed hydraulic modelling.
— Other Assessments (docid 379178), FRA Ballymahon Solar + BESS File No. 1255, page 24 — Section 7 Scoping Assessment
🗣️ In plain English
At the moment the flood check is basically 'the national flood maps don't show a problem', plus a note that one spot in the middle of Parcel 1 could pond rainwater. It doesn't put numbers on how much extra rainwater would leave the site after panels and access tracks are built, or how fast or deep flood water might be in a storm, and it hasn't looked properly at the underground cable route along the R397/L5527. That matters because if any part of the site or cable route is genuinely at risk, a stricter flood test is needed before permission can be granted, and the current file doesn't show one was done.
📖 Legal basis
Longford County Development Plan 2021-2027, CPO 5.98 and CPO 5.99. CPO 5.98 requires a Development Management Justification Test and site-specific Flood Risk Assessment where a development/land use is proposed that is inappropriate within a Flood Zone, and directs protection of Flood Zone A and Flood Zone B from inappropriate development. CPO 5.99 states that a site-specific Flood Risk Assessment is required for all planning applications in areas at risk of flooding (fluvial, pluvial or groundwater), and that a detailed site-specific FRA should quantify the risks, the effects of selected mitigation and the management of any residual risks, and consider climate change. The Planning System and Flood Risk Management Guidelines for Planning Authorities (2009), Technical Appendices p.9, further state that a detailed site-specific FRA must consider flood probability, flood depth, flood velocity and rate of onset, and describe with sufficient certainty that residual risks can be successfully managed and there are no unacceptable impacts on adjacent lands.
📂 What's on file
  • Updated Hydrology & Hydrogeology (PKF-JBAI-XX-XX-RP-EN-0001-A3-C04-Hydrology_Hydrogeology_Ballymahon, received 01/04/2026, pages 3-5) — identifies two tributaries of the River Inny along the northeast boundaries, a pool and culverted tributary in Parcel 1, and an OPW Arterial Drainage Channel along Parcels Two and Three. Section 3.2.1 concludes the site is not in Flood Zone A or B based on CFRAM, MRFS, HEFS and National Indicative Flood Mapping, placing it in Flood Zone C.
  • Other Assessments (docid 379179, pages 5-6) — earlier hydrology/hydrogeology report with the same Flood Zone C conclusion based on CFRAM, MRFS, HEFS and National Indicative Flood Mapping.
  • Other Assessments (docid 379178, pages 16-24) — FRA Ballymahon Solar + BESS, File No. 1255. Screening and scoping sections state the site is Flood Zone C based on OPW, EPA and Longford County Development Plan mapping, note one location of potential localised pluvial water accumulation in Parcel 1, and conclude no detailed hydraulic modelling is needed.
  • Other Assessments (docid 379174, page 40) — EIA Screening Report Ballymahon Solar + BESS Farm repeats the Flood Zone C conclusion from CFRAM, MRFS, HEFS and National Indicative Flood Mapping.
  • Other Assessments (docid 379170, page 57) — CEMP Ballymahon Solar + BESS, Section 5.3 Hydrology and Drainage, states that the development is not situated within Flood Zones according to CFRAM maps and that mitigation measures will be implemented, but no pre/post development runoff figures are given in the supplied excerpts.
❌ What's missing
The FRA is present but inadequate because it is not a detailed site-specific assessment. The supplied excerpts do not evidence any site-specific hydraulic modelling, and give no pre-development or post-development runoff rate, peak discharge, attenuation storage volume, outfall capacity, flood depth/velocity, or climate-change-adjusted flow. The FRA expressly concludes at Section 7 that detailed hydraulic modelling is unnecessary, rather than quantifying the risks. The GCR's crossing of a River Inny tributary at Parcel 2, the culverted tributary and the OPW arterial drainage channel are described, but flood behaviour at those features is not modelled. The FRA itself notes a potential localised pluvial water accumulation in Parcel 1 but gives no depth, volume or outflow. The 1.8 km underground cable route along the R397/L5527 is not separately verified in the supplied excerpts beyond the general Flood Zone C conclusion. No Development Management Justification Test is evidenced in the supplied excerpts, should any part of the site or route be within Flood Zone A or B.
💡 Why this is wrong
The FRA concludes Flood Zone C from CFRAM, MRFS, HEFS and National Indicative Flood Mapping, and then decides no detailed hydraulic modelling is needed. That is the same methodological defect identified in eplanning_MeathCC_23657, where the planning authority held that relying on CFRAM maps to determine Flood Zones A and B 'is not acceptable as the CFRAM flood maps are indicative only and are not considered sufficiently accurate to support individual planning applications' and that 'No such Justification test and the outcome of same was submitted to the Planning Authority.' Longford CDP CPO 5.99 requires a detailed site-specific FRA to quantify the risks, mitigation effects and residual risk management, and the 2009 Guidelines require consideration of flood probability, depth, velocity and rate of onset. Without pre-development and post-development runoff quantification, climate-change assessment, and site-specific modelling of the watercourses, pool, culverted tributary and cable route crossings, the FRA does not demonstrate that residual risks can be managed or that there are no unacceptable impacts on adjacent lands. If any part of the site or R397/L5527 route is actually within Flood Zone A or B, the absence of a Justification Test would be determinative.
⚠️ Specific deficiency
The applicant's own FRA (docid 379178) screens using OPW PFRA/CFRAM, EPA mapping and Longford County Development Plan mapping, and then at Section 7 explicitly concludes that detailed hydraulic modelling is unnecessary. The Hydrology & Hydrogeology report (docid 379179 and the Updated C04 version) repeats the Flood Zone C conclusion from strategic/indicative maps without site-specific hydraulic modelling or field-surveyed flood levels. The CEMP (docid 379170, Section 5.3) states that mitigation will be implemented but provides no pre/post runoff rates, peak discharges, attenuation volumes or outfall capacity. The EIA Screening Report (docid 379174) repeats the same strategic-map conclusion. A Development Management Justification Test is not evidenced in the supplied excerpts, even though the FRA itself notes localised pluvial ponding in Parcel 1 and identifies watercourses and an OPW arterial drainage channel on or adjacent to the site.
⚖️ Risk to address
The objector should argue that the FRA fails the site-specific and quantitative requirements of Longford CDP CPO 5.99 and the 2009 Flood Risk Management Guidelines because it relies on indicative CFRAM/NIFM mapping, explicitly declines detailed hydraulic modelling, provides no pre/post-development runoff quantification or climate-change assessment, and contains no Development Management Justification Test for the 111.1 ha site or the 1.8 km R397/L5527 underground cable route where flood zones may apply.
📊 Precedent pattern
3 refusal squarely on reliance on indicative CFRAM mapping and no Justification Test (eplanning_MeathCC_23657) and 1 on floodplain siting without justification (eplanning_WicklowCC_23211); the other case listed (eplanning_GalwayCC_22590) was refused on other grounds. Too few to establish a pattern.
📖 Relevant legislation / policy
  • the planning system and flood risk management guidelines for planning authorities nov 09 p.71s28 guideline
    Glossary of Terms
    See the planning system and flood risk management guidelines for planning authorities nov 09, Glossary of Terms, cited in full above.
  • EMRA Regional Spatial and Economic Strategy 2019-2031 p.158regional
    Regional Spatial & Economic Strategies SEA, AA & RFRA ² — Flooding is a natural process that plays a role in shaping the natural environment. Floods are a regular occurrence and the Region has experienced a number of severe flooding events in recent years, particularly on flood plains and in coastal areas, where flood risks will increase due to more frequent extreme weather events and sea level rise linked to climate change. Flooding can occur from a range of sources, individually or combined, including: coastal flooding (from the sea or estuaries); fluvial flooding (from rivers or streams); pluvial flooding (from intense rainfall events and overland flow); groundwater flooding (typically from Turloughs), and other sources, such as from blocked culverts. The long-term land use planning of the Region must also consider the likelihood of higher flood risks both inland and in coastal locations due to climate change.
    See EMRA Regional Spatial and Economic Strategy 2019-2031, Regional Spatial & Economic Strategies SEA, AA & RFRA ², Flooding is a natural process that plays a role in shaping the natural environment. Floods are a regular occurrence and the Region has experienced a number of severe flooding events in recent years, particularly on flood plains and in
  • the planning system and flood risk management guidelines for planning authorities technical appendices nov 09 p.19s28 guideline
    A
    See the planning system and flood risk management guidelines for planning authorities technical appendices nov 09, A, cited in full above.
  • the planning system and flood risk management guidelines for planning authorities nov 09 p.76s28 guideline
    What is the Justification Test?
    See the planning system and flood risk management guidelines for planning authorities nov 09, What is the Justification Test?, cited in full above.
📚 Precedent cases
  • eplanning_WicklowCC_23211 — REFUSED · Wicklow County Council · 29% match
    Lake Road , Camaderry , Glendalough
    Having regard to the location of the building and effluent management and treatment system within on existing floodplain which is, identified as having a High probability of flooding as set out in section 3.6 of "The Planning System and Flood Risk Management, Guidelines for Local
  • eplanning_MeathCC_23657 — REFUSED · — · 13% match
    Smithstown , Julianstown , Co. Meath A92 Y196
  • eplanning_GalwayCC_22590 — REFUSED · — · 6% match
    Mweelin & Pollacappul Eadarguil ,

Detailed assessment

On current submitted evidence the site is not identified as being within Flood Zone A or B, but that conclusion relies on indicative CFRAM and National Indicative Flood Mapping, so the assessor should verify whether any part of the site or the 1.8 km underground cable route along the R397/L5527 falls within Flood Zone A or B once site-specific assessment is applied. If any such area is in Flood Zone A or B, a development management Justification Test would be required under Chapter 5 of the Flood Risk Management Guidelines. The Meath refusal (eplanning_MeathCC_23657) turned on a comparable failure: "The applicant has referenced CFRAM flood maps for determining the critical flood zones A & B for the subject site which is not acceptable as the CFRAM flood maps are indicative only and are not considered sufficiently accurate to support individual planning applications."

📄 Source documents

  • Updated Hydrology & Hydrogeology — p.7Hydrology Assessment — check downstream receptor identification, WFD status assessment, and construction-phase sediment control....-1: Site Location 3 Figure 2-1: Assessment of significance of impacts (EPA, 2022) 6 Figure 3-1: Surface waterbodies in the vicinity of the site 0 Figure 3-2: Water features within Parcel 1 1

Cases cited

eplanning_WicklowCC_23211, eplanning_MeathCC_23657, eplanning_GalwayCC_22590

Policy / guidelines cited

the planning system and flood risk management guidelines for planning authorities technical appendices nov 09 / A p.23

What to watch for

  • Whether the 1.8 km underground cabling route intersects any Flood Zone A/B
  • Whether a Justification Test is explicitly applied if any Flood Zone A/B is identified
  • Whether the development avoids flood zones through the sequential approach
Pre- and post-development peak runoff flow rates not evidencedTier 1HIGH RISKThe drainage assessment is deferred to detailed design without site-specific runoff calculations or infiltration evidence in the supplied excerpts, a deficiency that has featured in comparable refusal grounds.

📋 Evidence brief — what we found

🎯 Key evidence
at the detailed design stage, a surface water drainage strategy will be prepared in accordance with the existing natural drainage regime at the site.
— Other Assessments (docid 379173) — OTMP Ballymahon Solar + BESS, File No. 1250, p.40 — Section 8.1 Surface Water Drainage
🗣️ In plain English
The reports place the site in the lowest flood-risk zone and state that a surface water drainage strategy will be prepared at detailed design stage in line with the existing natural drainage regime [Other Assessments, docid 379173, p.40, §8.1]. Drainage is a material consideration at the planning stage and the impact on the catchment must be considered; the drainage aspects of a flood risk assessment should include calculations [Appendix A, §1.6.1, Technical Appendices, Nov 2009]. Not evidenced in the supplied excerpts: pre- and post-development peak runoff flow rates, attenuation storage volumes, outfall and overflow routing, soil classification, and infiltration test results. The flood-risk material is present but inadequate for planning-stage assessment [docid 379173].
📖 Legal basis
The Planning System and Flood Risk Management Guidelines for Planning Authorities — Technical Appendices (Nov 2009), Appendix A, §1.6.1, p.23: 'Drainage is a material consideration at the planning stage of a development and due consideration must be given to the impact of the proposed development on the catchment area.' It states that the drainage aspects of an FRA should include 'Calculations showing the pre- and post-development peak run-off flow rate for the critical rainfall event' and 'Evidence of subsoil porosity tests including where possible at the location of any intended infiltration device'. It also states that surface water run-off may need to be assessed in all flood zones. The site is identified in the submitted reports as Flood Zone C, so the Justification Test is not triggered on that basis, but the drainage assessment requirements still apply. These are guidelines, not binding law, but they must be weighed as material considerations in the section 34 PDA 2000 proper-planning decision.
📂 What's on file
  • Updated Hydrology & Hydrogeology (PKF-JBAI-XX-XX-RP-EN-0001-A3-C04-Hydrology_Hydrogeology_Ballymahon) — identifies River Inny tributaries along the parcels, records groundwater vulnerability from Moderate to Extreme, and concludes the site is in Flood Zone C based on CFRAM maps; it does not quantify pre/post run-off rates.
  • Other Assessments (docid 379178) — FRA Ballymahon Solar + BESS, File No. 1255 — Table 5.1 identifies fluvial flooding as significant, but Sections 5-6 conclude the whole site is Flood Zone C from CFRAM mapping and provide no site-specific run-off or attenuation calculations.
  • Other Assessments (docid 379179) — earlier Hydrology & Hydrogeology report (C02) — materially repeats the Flood Zone C classification and groundwater vulnerability findings, confirming the assessment remains desktop classification.
  • Other Assessments (docid 379173) — OTMP Ballymahon Solar + BESS, File No. 1250 — Section 8.1 expressly defers a surface water drainage strategy to detailed design and asserts, without calculations, that post-development runoff will not exceed greenfield rates.
  • Other Assessments (docid 379170) — CEMP Ballymahon Solar + BESS, File No. 1249 — Section 5.3 summarises hydrological constraints and states mitigation measures will be implemented, but supplies no drainage calculations, soil classifications or infiltration test results.
❌ What's missing
The drainage and flood-risk material is present but inadequate for planning-stage assessment. Not evidenced in the supplied excerpts are: pre- and post-development peak runoff flow rates for the critical rainfall event; attenuation storage volumes; final outfall locations and emergency overflow routing; soil classification results; and subsoil porosity or infiltration test results at the intended soakaway locations. The only drainage 'strategy' is a commitment to prepare one later at the detailed design stage, so the adequacy of the proposed drainage cannot be assessed now.
💡 Why this is wrong
For a 111.1 ha site with River Inny tributaries, Lough Ree downstream, and groundwater vulnerability from Moderate to Extreme, the surface-water drainage should not be deferred to detailed design. The planning guidelines make drainage a material consideration at planning stage and list pre/post peak flow calculations and subsoil porosity evidence as basic FRA requirements. The submitted material stops at a desktop Flood Zone C classification and does not quantify what happens to runoff, so ABP cannot test whether the development could increase flood risk or water-quality impact downstream. This deficiency has featured in previous refusals: eplanning_MeathCC_23657 refused because the FRA was insufficiently detailed and relied on CFRAM maps as if determinative, and wexford_20231475 refused because inadequate information was provided on the drainage capabilities of the site. A grant on the current record would not demonstrate that all material drainage considerations were addressed.
⚠️ Specific deficiency
In the OTMP (docid 379173, §8.1), the applicant expressly postpones the surface water drainage strategy until 'the detailed design stage' and offers only a generic assertion that 'post-development runoff does not exceed existing greenfield runoff rates' with no calculations. In the FRA (docid 379178, §§5-6), the assessor identifies fluvial flooding as significant, then concludes Flood Zone C from CFRAM mapping and stops at screening, rather than providing the site-specific drainage information the guidelines list as basic. The CEMP (docid 379170, §5.3) repeats that unspecified mitigation will be implemented, but no numerical drainage assessment is supplied.
⚖️ Risk to address
The objector should argue that the flood risk and drainage assessment is inadequate because the surface-water strategy is deferred to detailed design and no pre- and post-development peak runoff rates, attenuation volumes, outfall and emergency overflow routing, or infiltration test results are provided; ABP should request this information or refuse because it cannot be satisfied as to drainage and downstream flood risk impacts.
📊 Precedent pattern
Too few to establish a pattern.
📖 Relevant legislation / policy
📚 Precedent cases
  • wexford_20231475 — refused · wexford · 39% match
    Clohass, The Leap
    Inadequate information has been provided with regards to the drainage capabilities of the site to enable the Planning Authority to adequately assess the impacts of the proposed soak pit drainage system forming part of the proposed development. The proposed development would th
  • eplanning_GalwayCC_22406 — REFUSED · Galway County Council · 35% match
    Ballymoneen/ Grange East ,
    Based on the information submitted the planning authority is not satisfied that the proposed development can be accessed and surface water disposed of adequately, as these integral components required to serve and facilitate the development are located outside of the planning uni

Detailed assessment

The assessor should scrutinise whether the submitted surface-water drainage strategy is sufficiently quantified at planning stage rather than deferred to detailed design. The Updated Hydrology & Hydrogeology report states: "All roads on the site will be constructed with permeable gravel, and roadside drainage will be installed where required." Longford County Development Plan Chapter 16 expects new development to manage flood risk, including through sustainable drainage. The Wexford refusal shows a drainage-capability adequacy failure can be a stated refusal ground: "Inadequate information has been provided with regards to the drainage capabilities of the site..." For this 111.1 ha site, the assessment should include pre- and post-development runoff rates, attenuation volumes, outfall details and emergency overflow routing.

📄 Source documents

  • Updated Hydrology & Hydrogeology — p.7Hydrology Assessment — check downstream receptor identification, WFD status assessment, and construction-phase sediment control....-1: Site Location 3 Figure 2-1: Assessment of significance of impacts (EPA, 2022) 6 Figure 3-1: Surface waterbodies in the vicinity of the site 0 Figure 3-2: Water features within Parcel 1 1

Cases cited

wexford_20231475, eplanning_GalwayCC_22406

Policy / guidelines cited

Longford County Development Plan 2021-2027 / CHAPTER 5: TRANSPORT, INFRASTRUCTURE, ENERGY & COMMUNICATIONS p.169, the planning system and flood risk management guidelines for planning authorities technical appendices nov 09 / A p.23

What to watch for

  • Whether pre- and post-development runoff rates and attenuation volumes are quantified
  • Whether SuDS measures are sized for 1-in-30 and 1-in-100 year events
  • Whether outfalls and emergency exceedance routing are identified
Flood risk screening only, no detailed modelling providedTier 1HIGH RISKThe FRA stops at screening without the required pre/post runoff calculations, a gap of the kind that comparable flood-risk and surface-water refusals have touched on, though on different facts.

📋 Evidence brief — what we found

🎯 Key evidence
on the basis of the site's topography, the available datasets, and supporting observations, it is concluded that the proposed development is not at risk of flooding and will not increase flood risk elsewhere. the information available is sufficient to support a stage 1 flood risk assessment (screening), and no further detailed modelling is required.
— Other Assessments (docid 379178) — FRA Ballymahon Solar + BESS, File No. 1255, p.26, Section 8 Conclusions.
🗣️ In plain English
The application places the site in low flood-risk Zone C, so the special Justification Test for higher-risk flood zones does not apply [Other Assessments, docid 379178]. The Planning System and Flood Risk Management Guidelines for Planning Authorities (2009), Technical Appendices §1.6.1 p.23, say most flood risk assessments should assess how the development will manage surface water run-off, including flood risk and pollution [Technical Appendices §1.6.1, 2009]. This means the drainage assessment should show how the development manages runoff. The report on file stops at Stage 1 screening and says it needs no detailed modelling; the supplied excerpts do not evidence the required before-and-after peak runoff calculations, a post-development runoff coefficient, or attenuation/interception details for panel drip-edges and track margins [Other Assessments, docid 379178]. Its conclusion that the development will not increase flood risk elsewhere lacks the supporting runoff figures.
📖 Legal basis
The Planning System and Flood Risk Management Guidelines for Planning Authorities (2009), Technical Appendices §1.6.1 p.23, states: 'An assessment of how surface water run-off will be managed should be addressed in most FRAs... This includes an assessment of potential for both flood risk and pollution. Surface water run-off may need to be assessed in all flood zones. The FRA should demonstrate that the surface-water drainage system takes account of SuDS principles... The basic requirements for the drainage aspects of FRA are as listed below:... Calculations showing the pre- and post-development peak run-off flow rate for the critical rainfall event.' Read with (proper planning and sustainable development / material considerations).
📂 What's on file
  • Updated Hydrology & Hydrogeology (PKF-JBAI-XX-XX-RP-EN-0001-A3-C04-Hydrology_Hydrogeology_Ballymahon) — classifies the site as Flood Zone C based on CFRAM, MRFS, HEFS and NIFM mapping; notes subsoils include cutover peat and basic Esker sands and gravels, with Moderate to High permeability.
  • Other Assessments (docid 379178) — internally 'FRA Ballymahon Solar + BESS' File No. 1255 (26 pages) — concludes the site is Flood Zone C, identifies fluvial flooding as a potential mechanism, but determines a Stage 1 Screening FRA is sufficient and no detailed hydraulic modelling is required.
  • Other Assessments (docid 379179) — internally 'Hydrology_Hydrogeology_Ballymahon' (PKF-JBAI-XX-XX-RP-EN-0001-A3-C02) — repeats Flood Zone C and groundwater vulnerability Moderate to Extreme with locally important aquifer.
  • Other Assessments (docid 379170) — CEMP Ballymahon Solar + BESS, File No. 1249 (96 pages) — summarises hydrology and drainage, relies on mitigation measures mainly during construction, but contains no pre/post runoff calculations.
  • Other Assessments (docid 379173) — OTMP Ballymahon Solar + BESS, File No. 1250 (66 pages) — says a surface water drainage strategy will be prepared at detailed design stage, with soakaways and linear drainage at entrances, and asserts post-development runoff will not exceed existing greenfield rates but provides no quantified assessment.
  • Other Assessments (docid 379174) — EIA Screening Report Ballymahon Solar + BESS Farm (77 pages) — repeats that the site is Flood Zone C and no significant flood risk identified.
❌ What's missing
The FRA is present but inadequate. It explicitly stops at Stage 1 Screening and no detailed modelling is considered necessary, yet the supplied excerpts do not evidence the required pre- and post-development peak runoff calculations for the critical rainfall event, a post-development runoff coefficient, or attenuation/interception details for panel drip-edges and track margins. The OTMP defers the surface water drainage strategy to detailed design after permission and only makes an unquantified assertion that post-development runoff will not exceed existing greenfield rates.
💡 Why this is wrong
The FRA concludes there is no increase in flood risk elsewhere and that no further modelling is needed, but it does not quantify pre- and post-development peak runoff rates, which the 2009 Guidelines specifically list as a basic drainage assessment requirement even in Flood Zone C. The site has culverted tributaries, an OPW-designated arterial drainage channel, cutover peat and esker sands/gravels, so the unquantified assertion is unreliable. In eplanning_GalwayCC_22406, a solar development was refused because access and surface-water disposal components were located outside the planning unit as lodged; eplanning_MeathCC_23657 refused a flood-risk assessment that relied on indicative CFRAM mapping and lacked a sufficiently detailed FRA/Justification Test. This leaves the decision without an adequate evidence base, contrary to proper planning and sustainable development and open to challenge.
⚠️ Specific deficiency
The applicant's FRA (docid 379178) made a Stage 1 Screening conclusion in Section 6: 'No further assessment is considered necessary', and repeated that conclusion in Section 8 without quantifying runoff. The OTMP (docid 379173) says that 'At the detailed design stage, a surface water drainage strategy will be prepared' and that post-development runoff 'does not exceed existing greenfield runoff rates', but provides no pre/post peak flow calculations. The CEMP (docid 379170) similarly promises mitigation without quantifying runoff. The Hydrology/Hydrogeology reports (docid 379179 and the Updated Hydrology & Hydrogeology) restrict themselves to flood zone classification and groundwater descriptions, with no drainage calculations.
⚖️ Risk to address
Argue that the flood risk assessment is inadequate because it lacks the pre- and post-development peak runoff calculations and site-specific SuDS/attenuation design set out in the 2009 Flood Risk Management Guidelines, and therefore cannot substantiate the conclusion that the development will not increase flood risk elsewhere — as in eplanning_MeathCC_23657, where a CFRAM-reliant FRA was held insufficiently detailed.
📊 Precedent pattern
Related refusals listed for direct verification: eplanning_MeathCC_23657 (flood-risk assessment detail) and eplanning_GalwayCC_22406 (surface-water disposal outside the planning unit; different facts), plus wexford_20231475 (drainage capability). Insufficient for a blanket pattern.
📖 Relevant legislation / policy
📚 Precedent cases
  • wexford_20231475 — refused · wexford · 39% match
    Clohass, The Leap
    Inadequate information has been provided with regards to the drainage capabilities of the site to enable the Planning Authority to adequately assess the impacts of the proposed soak pit drainage system forming part of the proposed development. The proposed development would th
  • eplanning_GalwayCC_22590 — REFUSED · — · 5% match
    Mweelin & Pollacappul Eadarguil ,

Detailed assessment

The assessor should verify whether the hydrogeology assessment adequately models the concentrated runoff from panel drip-edges and the compaction caused by the 3,800m internal track network. The Updated Hydrology & Hydrogeology report addresses compaction mainly through post-construction soil loosening: "chisel ploughing will be carried out by the Contractor between solar panel rows to loosen the soil that will be compacted during construction... increase infiltration rates, reducing runoff rates from the site." That may not quantify drip-edge concentrated flow or altered overland flow paths along gravel tracks and beneath 700,000 sqm of PV arrays. The drainage drawings should show interception/attenuation at drip-edge and track margins, sized for the post-development runoff coefficient, and address preferential flow through the narrow band of raised peat and the esker ridge.

📄 Source documents

  • Updated Hydrology & Hydrogeology — p.7Hydrology Assessment — check downstream receptor identification, WFD status assessment, and construction-phase sediment control....-1: Site Location 3 Figure 2-1: Assessment of significance of impacts (EPA, 2022) 6 Figure 3-1: Surface waterbodies in the vicinity of the site 0 Figure 3-2: Water features within Parcel 1 1

Cases cited

wexford_20231475, eplanning_GalwayCC_22590

Policy / guidelines cited

none cited

What to watch for

  • Whether drip-edge concentrated flow and altered overland flow paths are modelled
  • Whether compaction recovery measures are adequate for the peat band and esker areas
  • Whether track-side and drip-edge interception is sized for post-development runoff
Peak runoff calculations for critical rainfall events not providedTier 1HIGH RISKThe analysis identifies unquantified runoff and drainage design gaps that comparable council refusals touched on, on different facts, leaving flood risk and pollution inadequately evidenced.

📋 Evidence brief — what we found

🎯 Key evidence
the surface water discharge rate will be controlled via a hydrobrake or similar flow control device to match the pre-development runoff rate (qbar), thus ensuring no undue impacts (such as increased flood risk or pollution) occur to the receiving environment. regular inspection and maintenance of the silt trap and separator will be performed.
— Other Assessments (docid 379170), p.38 — Section 3.3 (Contractors Compound / Surface Water Runoff), CEMP Ballymahon Solar + BESS.
🗣️ In plain English
The application commits to construction-phase silt controls, but it still does not provide before-and-after stormwater runoff amounts or demonstrate that drainage measures are sized for the site's access tracks and hardstanding.
📖 Legal basis
The Planning System and Flood Risk Management Guidelines for Planning Authorities (2009), Technical Appendices, Section 1.6.1 'Drainage' (p.23), states that the drainage aspects of an FRA should include 'Calculations showing the pre- and post-development peak run-off flow rate for the critical rainfall event', an assessment of the 'potential for both flood risk and pollution', and demonstration that the surface-water drainage system takes account of SuDS principles. The submitted Hydrology report places the site in Flood Zone C, so no Justification Test appears to be triggered. These guidelines are material considerations, which requires the Board to decide in accordance with proper planning and sustainable development. No more specific statutory requirement is established from the available sources.
📂 What's on file
  • Updated Hydrology & Hydrogeology (PKF-JBAI-XX-XX-RP-EN-0001-A3-C04-Hydrology_Hydrogeology_Ballymahon, received 01/04/2026) — concludes from CFRAM maps that the site is not in Flood Zones A or B and is therefore in Flood Zone C; identifies groundwater vulnerability from Moderate to Extreme; Section 5.2.2 gives generic surface-water runoff mitigation (silt traps, silt fences, minimal open excavation time) without quantified Qbar/runoff rates.
  • Other Assessments (docid 379179) — earlier version of the same Hydrology & Hydrogeology report (PKF-JBAI-XX-XX-RP-EN-0001-A3-C02-Hydrology_Hydrogeology_Ballymahon, received 14/11/2025), containing the same flood zone screening and generic Section 5.2.2 mitigation text.
  • Other Assessments (docid 379170) — CEMP Ballymahon Solar + BESS, 96 pages; p.38 states that compound surface water will be controlled via a hydrobrake or similar device 'to match the pre-development runoff rate (Qbar)' but the supplied excerpts do not show the Qbar value, post-development discharge rate, or device/attenuation sizing.
  • Drainage Network Drawings (docid 379220) — typical silt fence details and drainage notes; note 5 states stilling ponds 'should be sized' for the 1 in 100-year storm event, but no site-specific pond locations, volumes, catchment areas or discharge-point coordinates are shown.
❌ What's missing
Present but inadequate: the flood risk/site drainage submission shows a flood zone screening but does not evidence the required pre- and post-development peak runoff calculations for the critical rainfall event, subsoil porosity test results, soil classification, a site-specific drainage concept drawing with discharge points, or a summary of SuDS techniques. The CEMP's statement that a hydrobrake will match Qbar is a commitment only—the actual Qbar value, post-development runoff rate, hydrobrake/orifice sizing and attenuation volume are not evidenced in the supplied excerpts. The drainage drawings repeat typical notes that ponds 'should be sized' to the 1-in-100-year event, but they do not provide the as-proposed pond sizes, catchment areas, locations or outfall points. No named report appears missing; the deficiency is that the submitted drainage/flood-risk material is generic and unquantified.
💡 Why this is wrong
The Flood Risk Management Guidelines require more than a flood zone conclusion; the drainage part of an FRA must assess pollution potential and include pre/post peak runoff calculations. For an 80 MW, 111.1 ha solar farm hydrologically connected to the River Inny and Lough Ree, with groundwater vulnerability up to Extreme and areas of cutover peat, silt-laden runoff can pollute watercourses and alter flood response. The applicant's CEMP says the discharge will be controlled to match Qbar, but no Qbar value, post-development rate, hydrobrake size or attenuation volume is provided in the excerpts, so the Board cannot verify the claim. The Meath refusal in eplanning_MeathCC_23657 also shows that relying on CFRAM mapping without a sufficiently detailed site-specific FRA is inadequate, even though that case concerned Flood Zones A/B and this site is Flood Zone C. The failure to quantify runoff and located designed controls means a decision to grant could be made without the required material information, exposing it to judicial review risk.
⚠️ Specific deficiency
The applicant's Updated Hydrology & Hydrogeology report, Section 5.2.2, commits only to general measures: 'silt traps will be provided in the roadside and drainage ditches' and 'silt fences will be erected by the appointed Contractor downslope of works areas or adjacent to streams and ditches', without quantities, locations or sizing. The CEMP (docid 379170, p.38) states a hydrobrake 'will match the pre-development runoff rate (Qbar)' but shows no Qbar calculation, discharge rate or device design. The Drainage Network Drawings (docid 379220) contain generic notes that 'STILLING PONDS SHOULD BE SIZED TO ACCOMMODATE PEAK FLOWS CORRESPONDING TO A 1 IN 100 YEAR STORM EVENT FOR THEIR RESPECTIVE CATCHMENT AREAS', but the supplied excerpts contain no site-specific catchment delineation, pond volume, outfall location or discharge point. The applicant therefore leaves the decision-maker unable to verify the guideline-required drainage/flood-risk test.
⚖️ Risk to address
The objector should argue that the flood risk and drainage submission is inadequate because it fails to provide the required pre/post peak runoff calculations and site-specific SuDS/settlement pond design, so ABP should not grant permission unless those quantified details are supplied.
📊 Precedent pattern
Comparable refusal(s) on this ground, listed individually for direct verification: eplanning_GalwayCC_22590, eplanning_MeathCC_23657 (insufficient for a blanket pattern).
📖 Relevant legislation / policy
📚 Precedent cases
  • eplanning_GalwayCC_22590 — REFUSED · Galway County Council · 36% match
    Mweelin & Pollacappul Eadarguil ,
    No details submitted. The applicant shall be requested to clarify surface water management measures proposed.
  • eplanning_MeathCC_23657 — REFUSED · — · 6% match
    Smithstown , Julianstown , Co. Meath A92 Y196

Detailed assessment

The assessor should confirm that the construction-phase sediment control measures are site-specific, adequately sized and enforceable, rather than generic commitments only. The Updated Hydrology & Hydrogeology report states: "Excavations will remain open for as little time as possible before the placement of fill" and, for the operational phase, that "visual inspection of silt traps or hydrocarbon interceptors will be carried out to ensure they are operating correctly." The Planning System and Flood Risk Management Guidelines Technical Appendices (s.1.6.1) call for pre- and post-development peak run-off calculations for the critical rainfall event, pollution potential and SuDS principles; the CEMP (p.38) commits to match Qbar by hydrobrake, but no Qbar value, post-development rate or attenuation sizing is evidenced in the excerpts. For a site with a narrow band of raised peat and watercourses draining via the River Inny to Lough Ree, the CEMP and drainage drawings should show sized settlement ponds, silt fences, and discharge points.

📄 Source documents

  • Updated Hydrology & Hydrogeology — p.7Hydrology Assessment — check downstream receptor identification, WFD status assessment, and construction-phase sediment control....-1: Site Location 3 Figure 2-1: Assessment of significance of impacts (EPA, 2022) 6 Figure 3-1: Surface waterbodies in the vicinity of the site 0 Figure 3-2: Water features within Parcel 1 1

Cases cited

eplanning_GalwayCC_22590, eplanning_MeathCC_23657

Policy / guidelines cited

the planning system and flood risk management guidelines for planning authorities technical appendices nov 09 / A p.23

What to watch for

  • Whether sediment basins and silt fences are sized and located on the drainage drawings
  • Whether CEMP measures are secured by condition and include monitoring
  • Whether peat disturbance and excavation dewatering are specifically addressed
Badger passage through site fencing not specified or locatedTier 1HIGH RISKUnquantified badger-connectivity gap: fencing is described only as 'wildlife-friendly', with no located gaps or badger gates, which may be material given the setts recorded on site.

📋 Evidence brief — what we found

🎯 Key evidence
for the site boundary, the existing fencing will be maintained around the site boundary, and where needed, the perimeter fencing will be replaced with wildlife-friendly fencing (rail and post and mesh where needed).
— Other Assessments (docid 379174) — EIA Screening Report Ballymahon Solar + BESS Farm, page 28, Section 2.2.7 Ancillary Infrastructure
🗣️ In plain English
The supplied sources contain no solar-specific fencing requirement; [§6.11.2, Wind Energy Development Guidelines 2006] advises fencing be limited to the substation compound and not encompass the entire development, so perimeter fencing should be confined. These wind-farm guidelines are cited only by analogy: they are written for wind farms, not solar farms.
📖 Legal basis
The supplied authority sources do not contain a solar-specific fencing requirement. The nearest supplied guidance is the Wind Energy Development Guidelines 2006, p.78, §6.11.2 Fencing, which advises: 'Fencing should be limited to the substation compound area' and 'Fencing should not encompass the entire wind energy development, as this would unnecessarily compromise access to the countryside…'; this is guidance, not a binding legal obligation, and it is directed at wind energy, but it identifies the same landscape/ecological concern relevant here. No more specific statutory requirement is established from the available sources. The binding anchor is therefore: the Board must decide in accordance with the proper planning and sustainable development of the area, weighing all material considerations including ecological connectivity. These wind-farm guidelines are cited only by analogy: they are written for wind farms, not solar farms.
📂 What's on file
  • Badger Survey Report / Conservation Report (no docid supplied) — records setts S1–S6, field signs, mammal trails and 30 m buffers; Section 4.1.3 states: 'Security fencing within the site (i.e. along site boundary) should incorporate suitable gaps to allow mammals (i.e. badger) to pass beneath, thereby avoiding any loss of connectivity.' But it gives no design detail, dimensions, locations or method.
  • EIA Screening Report (docid 379174) — p.28, Section 2.2.7 Ancillary Infrastructure, commits only to 'wildlife-friendly fencing (rail and post and mesh where needed)' for the site boundary, with no badger gate or raised-bottom specification.
  • CEMP (docid 379170) — p.26, Section 2.2.6 Other Infrastructure, repeats: 'new perimeter fencing will be installed using wildlife-friendly designs, such as post-and-rail or mesh fencing', again without dimensions or passage measures.
  • DPR (docid 379158) — p.20, Section 2.2.6 Other Infrastructure, repeats the same generic wording as the CEMP.
  • Fire Safety Statement (docid 379180) — p.8, Section 2.2.1, states the BESS compound 'will be enclosed by approximately 550 metres of security fencing' with no mention of mammal gaps or ground clearance.
  • Further Information Response (no docid supplied) — p.13, states the Badger Conservation Plan includes 'retention of habitat connectivity (including mammal gaps in fencing)', but no specification or drawing accompanies that statement in the supplied excerpts.
❌ What's missing
The commitment is repeated as a design objective but is never translated into an enforceable, locatable measure.
💡 Why this is wrong
A statement that fencing will be 'wildlife-friendly' is not a design; post-and-rail or mesh can still be a near-continuous barrier unless an actual ground-level gap, raised bottom or badger gate is specified and located. Because the Badger Survey Report itself identifies six setts, a mammal trail and the risk of loss of connectivity, and because Sett 5 is already likely to be lost to the BESS compound, the permanent perimeter and BESS fencing could sever the remaining badger commuting routes and undermine the stated avoidance strategy. The decision-maker must be able to evaluate whether the development would harm ecological connectivity, and a generic promise gives no basis for that evaluation.
📊 Precedent pattern
No comparable refusal on this ground that the appeal board upheld was confirmed; the point rests on the application documents.
📖 Relevant legislation / policy
  • wind energy development guidelines 2006 p.78s28 guideline
    71 — 6.11.2 Fencing
    See wind energy development guidelines 2006, 71, 6.11.2 Fencing, cited in full above.
  • Draft Revised Wind Energy Development Guidelines (2019) p.129s28 guideline
    CHAPTER 6 CONSIDERING AN APPLICATION FOR WIND ENERGY DEVELOPMENT- AESTHETIC CONSIDERATIONS IN THE SITING AND DESIGN — 6.12.2 Fencing
    See Draft Revised Wind Energy Development Guidelines (2019), CHAPTER 6 CONSIDERING AN APPLICATION FOR WIND ENERGY DEVELOPMENT- AESTHETIC CONSIDERATIONS IN THE SITING AND DESIGN, 6.12.2 Fencing, cited in full above.
  • NPWS Bat Mitigation Guidelines for Ireland (IWM) p.74technical guidance
    Appendix 1 Recommended Bat Survey and Mitigation Report Structure ............................................. 66 — 10 Bibliography & Relevant Literature
    (Cited in full above.)

Detailed assessment

The application description identifies only '550m security fencing around BESS compound', so full-array perimeter fencing does not appear to be the principal security response; however, the submitted drawings include perimeter fence and deer-fence details. The assessor should establish the actual extent and function of any Type A perimeter/deer fence, whether it would incorporate the mammal gaps the Badger Survey Report recommends (Section 4.1.3), and whether it would depart from the 2006 Guidelines' advice that 'Fencing should be limited to the substation compound area' and 'Fencing should not encompass the entire wind energy development'.

📄 Source documents

  • Other Assessments (docid 379155) — p.14Review this page for evidence related to this finding....olar Farm and BESS Bats - Preliminary Roost Assessment 7 784-B071661 GP-TEM-006-02 Table 3. Guidelines for categorising the potential suitability of PRFs in trees. Suitability Description
  • Other Assessments (docid 379174) — p.68Review this page for evidence related to this finding....se levels will comply with the limits and recommendations specified in the TII Guidance document: Guidelines for the Treatment of Noise and Vibration in National Road Schemes. The site is well s
  • Archaeology Report (docid 379148) — p.2Review this page for evidence related to this finding....ments (Miscellaneous Provisions) Act 1999, The Planning and Development Act 2000 (as amended), and guidelines issued by the statutory bodies have been consulted in the assembly of this report.

Cases cited

none cited

Policy / guidelines cited

wind energy development guidelines 2006 / 71 p.78, Draft Revised Wind Energy Development Guidelines (2019) / CHAPTER 6 CONSIDERING AN APPLICATION FOR WIND ENERGY DEVELOPMENT- AESTHETIC CONSIDERATIONS IN THE SITING AND DESIGN p.129

What to watch for

  • Extent of any perimeter/deer fencing beyond the BESS compound
  • Location of field gates and retained access for badger, otter and livestock movement
  • Justification for any fencing that encloses entire fields or the whole development
Mammal gaps in fencing unspecified location and designTier 1HIGH RISKOperational fence permeability is not designed: 'mammal gaps in fencing' has no location or standard, so badger connectivity cannot be assessed.

📋 Evidence brief — what we found

🎯 Key evidence
the plan also includes enhancement measures for the operational phase, such as the provision of native planting and retention of habitat connectivity (including mammal gaps in fencing), to support continued badger foraging and movement across the site.
— Other Assessments (Further Information Response - Ballymahon Solar + BESS), page 13 of 42 — Badgers / mitigation section
🗣️ In plain English
The solar farm and battery compound will be fenced, but badgers and other animals still need to move across the land to feed and reach their setts. The surveys found badger paths and setts, and the application promises 'mammal gaps in fencing', but it never says exactly where those gaps will go, how wide or high they will be, or whether the battery compound fence will have them. Without that detail, fencing could cut badgers off from their foraging ground and force them onto roads.
📖 Legal basis
the planning authority and An Bord Pleanála must decide in accordance with the proper planning and sustainable development of the area, weighing all material considerations. No more specific statutory or guideline requirement for mammal-permeable fencing is established from the available sources.
📂 What's on file
  • Conservation Report (Ballymahon Solar Farm and BESS Badger Survey Report and Outline Badger Conservation Plan, no docid supplied) – records six badger setts (S1–S6), multiple push-throughs TN1–TN8 and mammal trails along site boundaries; identifies Sett 5 as directly impacted by the proposed BESS compound; recommends that security fencing 'should incorporate suitable gaps to allow mammals (i.e. badger) to pass beneath', but does not specify design or locations.
  • Other Assessments (docid 379170; CEMP Ballymahon Solar + BESS, page 52 of 96) – sets out badger construction precautions (machinery buffers, trench covers, pipe capping) and states Sett 5 is the exception where direct impacts are unavoidable, with a separate Badger Conservation Plan submitted; the supplied excerpt contains no operational fencing permeability design for mammals.
  • Other Assessments (Further Information Response - Ballymahon Solar + BESS, page 13 of 42) – states the separate Badger Conservation Plan 'also includes enhancement measures for the operational phase, such as the provision of native planting and retention of habitat connectivity (including mammal gaps in fencing)', but gives no dimensions, heights, locations, frequency or maintenance requirements.
❌ What's missing
The operational-phase mammal-permeability commitment is present but inadequate in the supplied excerpts: it is stated only as a generic 'mammal gaps in fencing' without specifying where the gaps will be placed relative to recorded push-throughs and mammal trails (TN1–TN8), what bottom clearance/height and width will be used, how many gaps per fence run, whether they apply to the BESS compound fence, access tracks or deer fencing, or how they will be maintained.
💡 Why this is wrong
The Badger Survey Report itself identifies commuter push-throughs and trails across multiple boundaries and warns that Sett 5 is within the BESS compound and within the 30 m buffer, meaning the operational fence line could sever badger movement if permeability is not precisely designed. A bare statement that the plan 'includes mammal gaps in fencing' leaves decision-makers unable to assess whether connectivity will actually be maintained, because 'suitable gaps' have no measurable standard. This is a material ecological consideration, and vague mitigation of this kind carries a real risk that a permission condition would be unenforceable or that fencing would be built without any biodiversity outcome.
⚠️ Specific deficiency
The applicant's Badger Survey Report recommended only that security fencing 'should incorporate suitable gaps' but did not turn that into a spatial design; the CEMP excerpt (docid 379170, p.52) repeats badger construction precautions but its supplied text contains no operational fencing permeability details. In the Further Information Response (p.13 of 42), the applicant again simply asserts that the Plan includes 'mammal gaps in fencing', without a schedule, drawings, dimensions or a condition.
⚖️ Risk to address
Argue that the application fails to provide an enforceable, site-specific mammal-permeable fencing design: the ABP should require a pre-construction Badger Connectivity Plan showing the exact location, bottom clearance, width and maintenance of badger gates/mammal gaps at every recorded push-through and trail and specifically along the BESS compound fence, with approval by the National Parks and Wildlife Service.
📊 Precedent pattern
No comparable refusal on this ground that the appeal board upheld was confirmed; the point rests on the application documents.
📖 Relevant legislation / policy

Detailed assessment

The badger survey figures record multiple setts and trails within or immediately adjacent to the working area: 'Sett 4 1 entrance (partially used)' and 'Sett 5 4 entrances (partially used)' (Conservation Report). The Outline Badger Conservation Plan sample includes 'EXAMPLE IMAGES OF EXCLUSION & SETT DESTRUCTION METHODS', which addresses sett treatment but may not by itself address operational fence-line severance; the assessor should verify that the plan includes badger gates or mammal underpasses wherever the BESS compound fence, access tracks or deer fence cross active badger commuting routes. The Otter Survey Report is on file, and the LVIA records a 'stream which flows through this field'; the assessor should also verify that culvert/bridge crossings and roadside underground cabling along R397/L5527 maintain otter passage and do not funnel otters onto roads.

📄 Source documents

  • Other Assessments (docid 379156) — p.9Review this page for evidence related to this finding....Protection Areas (SPAs) for 197 bird species and subspecies, requiring Member States to implement conservation measures to maintain or restore their populations. It provides legal protection for
  • Other Assessments (docid 379204) — p.17Review this page for evidence related to this finding....ce, is discovered during works completed under non- licensed method statement, the works must cease immediately, and advice then sought from Ecologist / NPWS. Table 6 Recommended Reasonable Avo
  • Conservation Report — p.52Review this page for evidence related to this finding....ge. • Works cannot take place within the 30 m sett buffer, without the submission of the Badger Conservation Plan as part of the planning application. • Water sources should be safeguarded fr

Cases cited

none cited

Policy / guidelines cited

none cited

What to watch for

  • Whether the BESS/fencing layout crosses the recorded mammal trails or badger commuting routes
  • Whether badger gates/underpasses are dimensioned in drawings, not just described in the conservation plan
  • Whether watercourse crossings and road cable routes include otter-friendly culverts or bankside passage
Operational environmental monitoring commitments unspecified for 40-year lifespanTier 1HIGH RISKApplication contains only generic, unspecified post-construction monitoring commitments for birds, bats, noise and drainage, with no enforceable programme.

📋 Evidence brief — what we found

🎯 Key evidence
8. post-construction monitoring: as recommended by best practice guidelines from birdlife europe (2011), etc. undertake post-construction monitoring to assess changes in the onsite bird population.
— Ecological Survey for Birds, 794-NI-PLE-03028XX, March 2026 — Section 5 Recommendations, item 8, p.14
🗣️ In plain English
The application commits only to operational-phase visual inspection of silt traps and hydrocarbon interceptors, plus a vague line that post-construction bird monitoring will be undertaken 'as recommended by best practice guidelines'. It still contains no annual, measurable monitoring programme for noise, water quality, birds or bats — no defined frequency, locations, thresholds or remedial triggers — so the enforceability gap the claim identifies largely stands.
📖 Legal basis
Longford County Development Plan 2021-2027, CPO12.51, states: 'Assess proposed large-scale developments, particularly on greenfield sites and in environmentally sensitive areas, in terms of their impact on the biodiversity of the area.' CPO12.53 states: 'Require mitigating measures in certain cases where it is evident that biodiversity is likely to be affected.' OPR Practice Note PN03 (October 2022, p.74), while not binding, provides model planning conditions for an annual environmental audit and quarterly monitoring of noise, surface water and groundwater — illustrating the kind of operational monitoring a planning authority can impose. No more specific statutory requirement for annual monitoring of solar farms is established from the supplied sources.
📂 What's on file
  • Ecological Survey for Birds, 794-NI-PLE-03028XX, March 2026 — Section 5 Recommendations, item 8 says post-construction monitoring should be undertaken 'as recommended by best practice guidelines from Birdlife Europe (2011), etc.' but gives no survey design, seasonality, duration, spatial coverage or trigger thresholds; item 6 states the report discusses overwintering birds only, leaving breeding-bird operational monitoring unaddressed.
  • ECR Ballymahon Solar Farm, Other Assessments (docid 379149, 193 pages) — Section 5.7.2 Operation Phase (pp.93–94) lists operational measures: regular visual inspections of silt traps and hydrocarbon interceptors, spill response, grassland management by sheep grazing or mowing, and bund inspections. It does not include operational bird, bat, noise or ecological monitoring, and the water-quality measures are visual rather than quantitative.
  • CEMP Ballymahon Solar + BESS, Other Assessments (docid 379170, 96 pages) — Bat mitigation relies on further pre-construction surveys if layout changes; otter survey is recommended pre-construction; bird measures are timing of works and nesting checks. No post-construction monitoring of bats, otters or breeding birds is described.
  • Incidental Bird Technical Note, Other Assessments (docid 379156) — records nine bird species during site visits and recommends grass/buffer management; no post-construction monitoring programme is set out.
❌ What's missing
What is missing is a defined, enforceable Operational Environmental Monitoring Plan for the 40-year operational lifespan: bird and bat surveys of adequate seasonality (breeding and overwintering), frequency (e.g. years 1, 3, 5), spatial coverage (open field, hedgerows, watercourse corridors, BESS compound), quantitative triggers and adaptive management (e.g. if target species decline or collision mortality is found), and annual reporting to the planning authority. Noise and drainage monitoring are similarly not evidenced: the ECR operation phase contains only visual checks, not measured water quality or noise levels. This is present-but-inadequate because the post-construction commitments are generic statements (bird report item 8, ECR "ongoing monitoring and adaptive management", CEMP "ecological monitoring results") with no programme, frequency, locations or triggers.
💡 Why this is wrong
This is inadequate because a one-line, unspecific monitoring recommendation cannot be conditioned or enforced, and it does not tell the planning authority what will actually be checked, when, where, or what happens if harm is detected. Longford CDP CPO12.51 requires large-scale greenfield developments to be assessed for biodiversity impact, and CPO12.53 permits mitigating measures, but without defined operational monitoring the planning authority cannot verify that the assessment's conclusions remain valid over the 40-year life. OPR Practice Note PN03 shows the standard of annual audit and quarterly monitoring that can be imposed, yet none of that detail is proposed. PL17-311536 was refused because the NIS conclusions could not be relied upon with scientific certainty given inadequate baseline and survey information; that concerned baseline surveys rather than operational monitoring, but it shows the weight placed on survey adequacy near European sites. This creates a risk that the Board cannot be satisfied that the development will not adversely affect European sites or other sensitive receptors.
⚠️ Specific deficiency
The applicant's Ecological Survey for Birds confines itself to overwintering birds (Recommendation 6: 'This report discusses overwintering birds only') and then merely says to 'undertake post-construction monitoring' without method, duration, seasonality or thresholds. The ECR operation phase (docid 379149, pp.93–94) commits only to visual inspections of silt traps/interceptors and grassland management, with no specified noise or biodiversity monitoring programme (the ECR refers only generically to "ongoing monitoring and adaptive management"). The CEMP (docid 379170) defers any further bat survey to pre-construction 'should development proposals change' rather than committing to post-construction checks. None of the submitted operational documents translate the generic recommendation into binding annual monitoring.
⚖️ Risk to address
The objector should argue that the application fails to provide an enforceable post-construction environmental monitoring regime for birds, bats, drainage and noise, and that ABP should not grant permission without conditions requiring annual or triggered monitoring, reporting and adaptive management, as illustrated in OPR Practice Note PN03 and consistent with Longford CDP CPO12.51/12.53; otherwise the Board cannot rule out adverse effects on nearby European sites.
📊 Precedent pattern
Too few to establish a pattern.
📖 Relevant legislation / policy
📚 Precedent cases

Detailed assessment

Longford CDP Chapter 5 wind-energy site criteria (not solar-specific, but indicative of the Council's approach) refer to "the impact of the proposed development on protected bird and mammal species" (Longford County Development Plan, CHAPTER 5, p.168). The assessor should assess whether the NIS and Biodiversity Management Plan specify post-construction bird and bat monitoring of adequate duration, seasonality and spatial coverage, with adaptive management triggers, rather than relying solely on pre-construction baseline surveys; the near-European-site context raises the scrutiny level.

📄 Source documents

  • Unsolicited Information — p.45Review this page for evidence related to this finding....ly be carried out if deemed absolutely necessary. The method of excavation should be given careful consideration. It is recommended that excavators are not used in or around the BESS units. 5.2
  • Other Assessments (docid 379142) — p.12Review this page for evidence related to this finding....sks associated with lithium-ion batteries, present mitigation measures/options and ensure that due consideration has been given to requirements for means of escape and access and facilities for t
  • Other Assessments (docid 379170) — p.53Review this page for evidence related to this finding....ers from entering them. Birds The Bird Technical Report identifies the following mitigation and management measures in relation to birds: • Timing of Works: All construction and vegetation cl

Cases cited

eplanning_LimerickCC_25105

Policy / guidelines cited

Longford County Development Plan 2021-2027 / CHAPTER 5: TRANSPORT, INFRASTRUCTURE, ENERGY & COMMUNICATIONS p.168

What to watch for

  • post-construction bird and bat survey specification
  • appropriate seasonality and repeat survey years
  • adaptive management triggers
  • link to qualifying-interest habitats or species of the nearby European site
Roads Design setback commitment deferred to application stageTier 1HIGH RISKRoads Design requirements on setback, T-junction forward visibility, pre/post-works surveys and the public-road cable route are answered by deferral to conditions or later agreement rather than a final design, a material risk.

📋 Evidence brief — what we found

🎯 Key evidence
response: we have consulted with the senior planner, kathryn hosey and with the senior engineer, con diffley. we welcome any appropriate conditions of a planning permission. consultation with con diffley resulted in agreement that the issue of setback can be assessed further and agreed during the application process, once site inspection has taken place. the junctions are at grade and we have addressed the level differences. pre works and post works can be address by condition.
— Other Assessments (docid 379142), Response to Roads Design Comments item 23.a–23.c — page not numbered in the supplied excerpt.
🗣️ In plain English
The Roads Design section raised safety requirements for the two farm entrances and the underground public-road cable. The applicant welcomes conditions and says the setback can undergo assessment and agreement during the application process [Other Assessments (docid 379142)]. Item 23.a's setback issue stays open; the response defers item 23.b/c requirements for T-junction forward visibility, passing lay-bys and pre/post-works surveys to conditions without a final design [Other Assessments (docid 379142)]. DMS16.91 requires comprehensive details of safe access and egress at minimum 1:500, encourages shared entrances, and sets 150-metre sight distances for regional roads [DMS16.91, Longford County Development Plan 2021-2027]. This means the application must show this detail; the deferred design leaves the Roads Design input inadequately closed out and a road-safety risk [Other Assessments (docid 379142)].
📖 Legal basis
Longford County Development Plan 2021-2027, Chapter 16 Development Management Standards: DMS16.91 Access and Sightlines requires all applications to include (at minimum scale 1:500) comprehensive details of safe access and egress, states that sharing of vehicular entrances is encouraged to avoid a proliferation of access points, and sets safe unobstructed sight distances of 150 metres for regional roads and 90 metres for local roads; DMS16.112–16.115 require all applications to be assessed in accordance with Chapter 5 and DMURS, to include sightline visibility, to provide safe unobstructed sight distances of 150m regional / 90m local, and to meet minimum setbacks of 25m regional / 15m local. DEHLG Development Management Guidelines for Planning Authorities (June 2007), p.19, as advisory guidance, identify pre-application consultation as a means of co-ordinating local authority inputs to complex or large-scale development. Under s.34, the decision must accord with proper planning and sustainable development of the area, road safety being a material consideration.
📂 What's on file
  • OTMP Ballymahon Solar + BESS (docid 379173, 66 pages, Plan Energy Developments for BNRG) — contains Section 9.2 visibility analysis stating unobstructed visibility (Y-distance 160m on the R397, 65m on the L5527) is achievable for the two entrances, Appendix C drawings, delivery route maps and swept-path analyses. It states the measures and access arrangements 'will be agreed with Longford County Council prior to the commencement of construction works.'
  • CEMP Ballymahon Solar + BESS (docid 379170, 96 pages) — Section 4.4 says warning signage will be installed 160m and 65m from entrances, but states 'The final design, dimensions, and configuration of the site entrances will be subject to agreement between Longford County Council (LCC) and the appointed contractor prior to the commencement of any on-site construction works.'
  • Applicant's response to Roads Design Comments (docid 379142) — records Roads Design comments 23.a–23.d on regional/local road setbacks, T-junction forward visibility, pre/post-works surveys, passing lay-bys, culvert/ditch assessments, and preference for off-road cable route; response defers several matters to conditions or future agreement.
  • Community Engagement Statement (docid 379176) — utility consultation table records Uisce Éireann confirming 75mm water pipes in R397 and none in L5527; no TII Roads Design sign-off is included in the supplied excerpts.
  • Conservation Report (no docid supplied) — notes proposed MV cable route connecting Site 1 to Site 3 will follow existing roads L5527 and R397, and that lands adjacent outside ownership were not included in surveys.
❌ What's missing
The Roads Design input is present but inadequately closed out. Item 23.a's setback issue is answered with 'can be assessed further and agreed during the Application process, once site inspection has taken place'; item 23.b/c requirements for T-junction forward visibility, passing lay-bys and pre/post-works surveys are deferred to conditions without a final design; item 23.d cable route is left at 'we would work with the local authority' without a route-specific design, joint-bay locations, depth-compliance drawing, or formal written acceptance. There is no final Roads Design section recommendation/acceptance in the supplied excerpts confirming the detailed entrance geometry, sightline envelopes, passing bays, and cable route are adequate before decision. The CEMP also says final entrance design will be agreed prior to construction. For TII, no remit is evidenced for R397/L5527 and no TII consultation is shown in the supplied excerpts.
💡 Why this is wrong
Although the Roads Design section did comment, the applicant's own response demonstrates that critical road-safety details were not finalised before the application was assessed. The setback that the Roads Design section expressly required was left to be 'assessed further. once site inspection has taken place'; so the design before the decision-maker is not the design to be built. The same applies to cable route works in the public road: the applicant says off-road options are not viable and it will 'work with the local authority' but gives no final route drawing or depth/joint-bay details. Longford CDP DMS16.91 and DMS16.113-16.114 require comprehensive safe access/egress details and sightlines to be provided and assessed, not deferred. The unresolved deferrals here raise the risk that a permission could issue with road-safety and cable-route impacts left unassessed.
⚠️ Specific deficiency
The applicant obtained Roads Design comments but responded by welcoming conditions rather than supplying the required final drawings. Its response to item 23.a says the setback can be assessed after site inspection; item 23.c pre/post works 'by Condition'; item 23.d cable route is an aspiration to work with the local authority. The CEMP (docid 379170) repeats that final entrance design will be agreed with LCC after permission. The OTMP (docid 379173) likewise says access arrangements will be agreed prior to commencement. By leaving these matters to post-permission agreement, the submitted file does not demonstrate compliance with Longford CDP DMS16.91/DMS16.113-16.114 at decision stage. A Roads Design comment is not a substitute for a final, accepted design.
⚖️ Risk to address
Argue that permission should be refused or further information sought because the Roads Design comments on setbacks, T-junction forward visibility, passing lay-bys, pre/post-works surveys and the R397/L5527 cable route were not finally resolved before decision.
📊 Precedent pattern
No directly comparable precedent confirmed in corpus — legal basis stands independently.
📖 Relevant legislation / policy
  • Longford County Development Plan 2021-2027 p.139dev plan
    CHAPTER 5: TRANSPORT, INFRASTRUCTURE, ENERGY & COMMUNICATIONS
    (Cited in full above.)
  • spatial planning and national roads guidelines jan 2012 p.14s28 guideline
    2 — Section 22 of the Roads Act, 1993, enables the National Roads Authority to make recommendations to a planning authority regarding the content of that authority’s development plan or variation thereto and the planning authority is obliged to consider any recommendation made.
    See spatial planning and national roads guidelines jan 2012, 2, Section 22 of the Roads Act, 1993, enables the National Roads Authority to make recommendations to a planning authority regarding the content of that authority’s development plan or variation thereto and the planning authority is obliged to consider any recommendation made., cited in f
  • Spatial Planning and National Roads Guidelines for Planning Authorities (2012) p.14s28 guideline
    2 — Section 22 of the Roads Act, 1993, enables the National Roads Authority to make recommendations to a planning authority regarding the content of that authority’s development plan or variation thereto and the planning authority is obliged to consider any recommendation made.
    (Cited in full above.)
  • collaborative spatial framework p.7s28 guideline
    2.0 Spatial Strategies of the Island of Ireland — 2.3 Strengthen links between North and South, East and West, with Europe and the rest of the world. Under the proposals for planning reform, applications for regionally significant development will be determined by central government. The revised RDS considers that projects which are regionally significant will be those which:
    See collaborative spatial framework, 2.0 Spatial Strategies of the Island of Ireland, 2.3 Strengthen links between North and South, East and West, with Europe and the rest of the world. Under the proposals for planning reform, applications for regionally significant development will be determined by central government. The revised RDS considers t
  • National Planning Framework — Ireland 2040 p.24national policy
    2.2 Overview of the NPF Strategy — Ireland’s Three Regions
    See National Planning Framework — Ireland 2040, 2.2 Overview of the NPF Strategy, Ireland’s Three Regions, cited in full above.

Detailed assessment

The submitted material includes sightline figures at 'Site Entrance 1 on R397 (80 km/h speed limit)' and 'Site Entrance 2 on L5527 (60 km/h speed limit)', and the FI response states the Traffic Management Plan 'sets out measures to ensure that the proposal will not endanger public safety.' The assessor should assess whether the Roads Design requirements raised at items 23.a-23.d (setback, T-junction forward visibility, passing lay-bys, pre/post-works surveys, cable route) are resolved in a final design before decision rather than left to conditions or later agreement.

📄 Source documents

  • Other Assessments — p.31Review this page for evidence related to this finding....Entrance wholly unsuitable Screening required, evergreens needed The Traffic Management Plan submitted with the planning application sets out measures to ensure that the pro
  • Other Assessments (docid 379142) — p.11Review this page for evidence related to this finding....Sligo, Ash Lane, Sligo, F91 YW50, Ireland. Company: 694455 Ventilation Requirements, if any to be submitted. Details of Fire Suppression Systems to be provided (special extinguishing agents shal
  • Other Assessments — p.30Review this page for evidence related to this finding....the time of planting and aid in quicker screening of the proposed development. The Traffic Management Plan submitted with the planning application sets out measures to ensure that the pr

Cases cited

none cited

Policy / guidelines cited

none cited

What to watch for

  • Sightline distances at the R397 and L5527 entrances against Longford CDP standards and DMURS
  • Construction HGV volumes, passing bays and turning movements on the regional/local road network
  • Whether the R397 entrance would amount to an additional access point on a regional road with an 80 km/h limit
Route-specific watercourse crossing schedule and culvert capacity calculations…Tier 1HIGH RISKDeferred watercourse crossing assessment and missing culvert/Section 50 detail resemble a refusal ground applied by Meath County Council in a comparable solar case.

📋 Evidence brief — what we found

🎯 Key evidence
at the detailed design stage, a comprehensive surface water drainage strategy will be prepared in accordance with the existing natural drainage regime at the site.
— Other Assessments (docid 379170), page 22 of 96 — Section 2.2.5 Drainage Systems.
🗣️ In plain English
The submitted Flood Risk Assessment and CEMP do not provide a route-specific watercourse-crossing and culvert-capacity assessment before permission, or address the OPW approval that may be required where a culvert is changed.
📖 Legal basis
Longford County Development Plan 2021-2027 Chapter 5 CPO 5.101 requires consultation with the OPW in relation to proposed developments in the vicinity of drainage channels and rivers and retention of maintenance access. Chapter 5 p.160 states that development proposals in flood vulnerable areas shall be accompanied by a detailed Flood Risk Assessment, and that proposals should only be considered favourably where it is demonstrated that they would not have 'adverse impacts or impede access to a watercourse, floodplain or flood protection and management facilities, or increase the risk of flooding to other locations'. The Planning System and Flood Risk Management Guidelines for Planning Authorities (Nov 2009), p.58, at Section 5.23 states: 'Where development proposals include the construction or amendment of bridges, culverts or similar structures the applicant should have regard to the requirements of Section 50 of the Arterial Drainage Act, 1945.' Section 5.25-5.26 add that permission should be refused where flood issues cannot be addressed successfully, and that where flood map data sets are lacking a site-specific flood risk assessment should be undertaken.
📂 What's on file
  • Other Assessments (docid 379170, 96 pages) — CEMP Ballymahon Solar + BESS; Section 2.2.3 describes 1.8 km of 33 kV underground interconnector cabling along public roads, Section 2.2.4 describes 3.8 km internal access tracks and upgraded entrances, Section 2.2.5 defers the comprehensive surface water drainage strategy to detailed design, and Section 6.5 gives only generic culvert-retention/diversion method statements with no route-specific crossing schedule.
  • Other Assessments (docid 379158, 31 pages) — DPR Ballymahon Solar + BESS; repeats the same drainage deferral at Section 2.2.5 and confirms final layout and track design will be confirmed at detailed project stage.
  • NIS (docid 379227) — Ballymahon Solar Farm Appropriate Assessment Screening and Natura Impact Statement; Section 1.3.5 identifies MV cable along L5527/R397 (c.1.5 km) and grid connection along R397/R392 (c.2.3 km), but only says the cabling 'will be subject to the road opening license procedures to be agreed with Longford County Council'; no watercourse crossing or Section 50 analysis is visible in the supplied excerpt.
  • Drawings General — Cable Trench Through Public Road/Grassland/Track cross-sections show duct layouts and road/track make-up but no culvert or watercourse crossing details.
  • Site layout plan (docid 379225) — shows 'Pake Bridge', 'Sluice', 'Weir', 'Sump' and multiple drain/stream labels around the R397/L5527 corridor, but the supplied excerpt has no accompanying crossing schedule or culvert capacity assessment.
  • Conservation Report — Ballymahon Solar Farm and BESS Otter Survey Report; records waterbodies W3, W5, W8, W13, W15 and W16, notes dense vegetation limited visibility at these waterbodies, and recommends pre-construction checks/resurvey because of residual uncertainty.
❌ What's missing
Not evidenced in the supplied excerpts is a route-specific watercourse-crossing schedule and culvert capacity assessment for the c.1.8 km MV cable along public roads, the c.3.8 km internal access tracks, and the two upgraded entrances. The supplied CEMP/DPR excerpts do not evidence identification of each ditch/stream crossing, culvert size/condition, upstream catchment response, or whether any crossing would require the construction or alteration of a bridge/culvert and therefore Section 50 OPW approval; they instead defer the entire surface water drainage strategy to detailed design. A Flood Risk Assessment is on file, but the supplied excerpts do not show it translating the regional CFRAM/OPW mapping into a site-specific crossing-by-crossing analysis before that detailed-design deferral.
💡 Why this is wrong
The application promises a drainage strategy later, but the critical issue is whether the cable and track crossings will affect existing watercourses and culverts. That is precisely what the Longford CDP and national flood-risk guidelines require to be resolved at planning application stage, with a detailed Flood Risk Assessment and demonstration that the works will not impede access to watercourses or increase flood risk. Deferring the drainage strategy to detailed design means the Board cannot assess construction-phase flood risk, culvert blockage, or upstream catchment response, and cannot know whether Section 50 Arterial Drainage Act approval is needed for any culvert or bridge modification. This is related to the concern identified in eplanning_MeathCC_23657, where refusal was based on the applicant's failure to carry out a sufficiently detailed Flood Risk Assessment including a sufficiently detailed assessment of the existing watercourses in the vicinity of the site, and on reliance on CFRAM flood maps that are indicative only and not sufficiently accurate to support individual planning applications. Here, the site layout plan shows watercourse features and the CEMP itself acknowledges crossings of existing culverts, but no crossing-by-crossing schedule or capacity analysis is provided in the supplied documents. eplanning_MeathCC_23657 was refused for an insufficiently detailed assessment of existing watercourses, which is a related concern.
⚠️ Specific deficiency
The applicant, through the CEMP (docid 379170) and DPR (docid 379158), stated at Section 2.2.5 that 'At the detailed design stage, a comprehensive surface water drainage strategy will be prepared'—deferring the watercourse and culvert detail the planning authority needs now. Section 6.5 of the CEMP then gives only a generic instruction: 'Where ducting routes intersect existing culverts, the culverts will be retained in place where possible. Ducting will be installed either above or below the culvert... If culvert removal is required for duct installation, a suitable water diversion method... will be implemented.' It does not identify which culverts or watercourses are crossed, their size, condition or capacity. The NIS (docid 379227) Section 1.3.5 says only that cabling 'will be subject to the road opening license procedures to be agreed with Longford County Council', and Section 1.3.6 says roadside drainage will be installed 'as required', with no Section 50/OPW route-specific consent strategy. The site layout plan (docid 379225) shows 'Pake Bridge', 'Sluice', 'Weir' and other drainage features, but no accompanying crossing schedule is included in the supplied excerpts.
⚖️ Risk to address
Argue that the application is incomplete and premature on watercourse crossings: it must identify every existing ditch, stream and culvert along the cable and track routes, assess their capacity and flood risk, and confirm whether any Section 50 Arterial Drainage Act approval is required, before ABP can lawfully grant permission. The applicant cannot defer this to detailed design, as the comparable refusal in eplanning_MeathCC_23657 demonstrates that an insufficiently detailed watercourse assessment is a ground for refusal.
📊 Precedent pattern
Comparable refusal on this ground: eplanning_MeathCC_23657 (insufficient for a blanket pattern).
📚 Precedent cases
  • eplanning_MeathCC_23657 — REFUSED · Meath County Council · 26% match
    Smithstown , Julianstown , Co. Meath A92 Y196
    Having regard to Meath County Development Plan 2021-2027 in which it is a policy to consider the DOEHLG / OPW publication ‘The Planning System and Flood Risk Management, Guidelines for Planning Authorities’ and with reference to OPW CFRAMS mapping and Meath County Council's MapIn
  • eplanning_WicklowCC_23211 — REFUSED · Wicklow County Council · 20% match
    Lake Road , Camaderry , Glendalough
    Having regard to the location of the building and effluent management and treatment system within on existing floodplain which is, identified as having a High probability of flooding as set out in section 3.6 of "The Planning System and Flood Risk Management, Guidelines for Local

Detailed assessment

Assess whether the Flood Risk Assessment and Hydrology/Hydrogeology Assessment adequately assess existing watercourses and culvert capacity along the cabling/track route, instead of relying exclusively on regional CFRAM mapping. The refusal in eplanning_MeathCC_23657 was based on CFRAM maps being indicative only and on the absence of a sufficiently detailed assessment of existing watercourses; the application text says: 'At the detailed design stage, a comprehensive surface water drainage strategy will be prepared in accordance with the existing natural drainage regime at the site' (Other Assessments docid 379170, s.2.2.5). The assessor should therefore test whether the in-application FRA is sufficiently detailed to evaluate crossing/culvert blockage, upstream catchment response and construction-phase flood risk before that detailed-design deferral.

📄 Source documents

  • Other Assessments (docid 379142) — p.11Review this page for evidence related to this finding....refighting of such facilities is extremely problematic due to the electrical power being generated, therefore the applicant should submit a comprehensive firefighting action plan as part of their ap
  • Archaeology Report (docid 379148) — p.92Review this page for evidence related to this finding....chaeological monitoring. Where the cable route enters the development parcels, the same mitigation strategy as for the wider parcels should apply. A comprehensive list of the proposed mitigation
  • Other Assessments (docid 379174) — p.39Review this page for evidence related to this finding....re scenario (MRFS) or high-end future scenario (HEFS) flood extents, nor is it within the National Indicative Flood Mapping extents. The site is therefore located within Flood Zone C. RECEIVED

Cases cited

eplanning_MeathCC_23657, eplanning_WicklowCC_23211

Policy / guidelines cited

none cited

What to watch for

  • Site-specific culvert/watercourse survey and hydraulic capacity, not only regional flood maps.
  • Assessment of blockage/overtopping during construction and 40-year operation.
  • Climate/rainfall sensitivity rather than historical-only flood extents.
  • Any justification test implication if crossing works fall within flood zones A or B.
NPWS data not returned; no I-WeBS reference foundTier 1HIGH RISKThe desk-study bird records rely on NBDC because NPWS data was not returned, and no I-WeBS reference is evident in the application documents searched.

📋 Evidence brief — what we found

🎯 Key evidence
data requested by npws was not returned. nbdc returned records of 52 bird species within 2 km of the site.
— Other Assessments (docid 379156), page 10 (quote verified verbatim)
🗣️ In plain English
NPWS did not return data; NBDC returned 52 bird species within 2km [Other Assessments, p.10]. Legal/policy basis confirmed.
📂 What's on file
  • Other Assessments (docid 379156) (page 10): “data requested by npws was not returned. nbdc returned records of 52 bird species within 2 km of the site.”
💡 Why this is wrong
An objector should scrutinise whether the NIS's conclusions on waterbird/Whooper Swan numbers are cross-checked against I-WEBS site counts for Lough Ree SPA.
📖 Relevant legislation / policy
  • wind energy development guidelines 2006 p.115s28 guideline
    109
    See wind energy development guidelines 2006, 109, cited in full above.
  • Draft Revised Wind Energy Development Guidelines (2019) p.63s28 guideline
    CHAPTER 5 CONSIDERING AN APPLICATION FOR WIND ENERGY DEVELOPMENT — 5.3.3 Species
    See Draft Revised Wind Energy Development Guidelines (2019), CHAPTER 5 CONSIDERING AN APPLICATION FOR WIND ENERGY DEVELOPMENT, 5.3.3 Species, cited in full above.
  • Draft Revised Wind Energy Development Guidelines (2019) p.16s28 guideline
    CHAPTER 1 INTRODUCTION AND POLICY CONTEXT — 1.2.2 Safeguarding our Landscape, Natural Heritage and Built Environment
    See Draft Revised Wind Energy Development Guidelines (2019), CHAPTER 1 INTRODUCTION AND POLICY CONTEXT, 1.2.2 Safeguarding our Landscape, Natural Heritage and Built Environment, cited in full above.
  • Draft Revised Wind Energy Development Guidelines (2019) p.215s28 guideline
    GLOSSARY
    See Draft Revised Wind Energy Development Guidelines (2019), GLOSSARY, cited in full above.
  • Ireland's 4th National Biodiversity Action Plan 2023-2030 (NPWS, 2024) p.24national policy
    Funding for Biodiversity Conservation
    UCD, with support from NPWS and the IRC are tracking biodiversity related expenditure for Ireland. This is the first step in understanding and developing a sustainable funding mechanism for biodiversity conservation. Further to this, NPWS will develop a financial plan to address biodiversity finance challenges in a comprehensive manner and build a

Detailed assessment

The passages show the baseline desk study relied on NBDC records because NPWS data was not returned, and no I-WEBS reference is evident in the sampled material. An objector should scrutinise whether the NIS's conclusions on waterbird/Whooper Swan numbers are cross-checked against I-WEBS site counts for Lough Ree SPA.

📄 Source documents

  • Other Assessments (docid 379155) — p.37Review this page for evidence related to this finding....sibility of obtaining partially imprecise, incomplete or not fully representative information. Any monitoring or survey work undertaken as part of the commission will have been subject to limitat
  • Other Assessments (docid 379156) — p.17Review this page for evidence related to this finding....sibility of obtaining partially imprecise, incomplete or not fully representative information. Any monitoring or survey work undertaken as part of the commission will have been subject to limitat
  • Other Assessments (docid 379157) — p.27Review this page for evidence related to this finding....sibility of obtaining partially imprecise, incomplete or not fully representative information. Any monitoring or survey work undertaken as part of the commission will have been subject to limitat

Cases cited

none cited

Policy / guidelines cited

none cited

What to watch for

  • The assessor should VERIFY in the NIS/Avian Ecological Assessment whether nearest I-WEBS count data for Lough Ree SPA was obtained and reconciled with the site-specific survey results, given the stated non-return of NPWS data.
Substation and grid connection left out of this application and deferred to a future SID applicationTier 1HIGH RISKThe 80 MW export depends on a 110 kV substation and loop-in connection that are not part of this application and are left to a future Strategic Infrastructure Development application, and the applicant's documents describe the substation inconsistently.

📋 Evidence brief — what we found

🎯 Key evidence
The proposed substation and associated loop-in connection will be the subject of a separate Strategic Infrastructure Development (SID) planning application to An Bord Pleanála. As such, the details outlined in this section are indicative only and will be confirmed at a later stage as part of the separate planning process.
— Other Assessments (docid 379170), CEMP section 6.6, page 77
🗣️ In plain English
The solar farm and battery can only export their 80 MW through a new 110 kV substation and a connection to the Lanesborough–Mullingar line, but neither is in this application. Both are left to a future Strategic Infrastructure Development application, and the construction plan says their details are indicative only. The applicant's own documents describe the substation differently from report to report, and the public notices do not mention it. A permission for this application alone would not give a working scheme, and the decision-maker has to be satisfied that the whole project has been assessed.
📖 Legal basis
Under s.182A of the Planning and Development Act 2000 (as amended), development comprising or for the purposes of electricity transmission that is strategic infrastructure is applied for directly to the Board, which is why the substation and loop-in are split out. Where a project is split, the environmental assessment must still cover the project as a whole, including its grid connection (O'Grianna v An Bord Pleanála [2014] IEHC 632). The applicant states its NIS and ECR do this on a 'one project' basis.
📂 What's on file
  • Other Assessments (docid 379170) (CEMP, page 77): “The proposed substation and associated loop-in connection will be the subject of a separate Strategic Infrastructure Development (SID) planning application to An Bord Pleanála. As such, the details outlined in this section are indicative only and will be confirmed at a later stage as part of the separate planning process.”
  • Other Assessments (docid 379155) (Bat PRA, page 9): “The substation is not included in the current application.”
  • Other Assessments (docid 379149) (ECR, page 24): “A 110kV onsite substation will also be provided, however it is not part pf this planning application and will be subject to a separate SID Application to An Coimisiun Pleanala.”
  • NIS (docid 379227) (page 14): “While the proposed substation and grid connection will be the subject of a future Strategic Infrastructure Development (SID) application to An Coimisiún Pleanála, they are assessed within this report as part of an integrated “one project” approach.”
  • Other Assessments (docid 379163) (Planning Statement, page 34): “providing clarity for Strategic Infrastructure Developments such as Ballymahon.”
❌ What's missing
No s.182A determination, and no reasoning for applying to the Council for the solar farm and BESS while the substation and loop-in go to the Board, was found in the application documents searched. The substation and loop-in design is described as indicative only. The newspaper and site notices describe the development without the substation or grid connection.
💡 Why this is wrong
The scheme's stated 80 MW export relies on infrastructure that this permission would not authorise and whose design is not fixed. A grant here would depend on a separate consent that may not follow, and the assessments of the substation and loop-in rest on indicative details. The documents also describe the substation inconsistently: some treat it as provided within the development, one excludes it, and the Planning Statement calls Ballymahon itself a Strategic Infrastructure Development.
⚠️ Specific deficiency
The applicant split the substation and grid connection into a future SID application but did not set out, in the documents searched, why that split is correct or how the solar farm and BESS would operate if the SID consent were refused or delayed, and did not keep the description of the substation consistent across its reports.
⚖️ Risk to address
That the solar farm and BESS cannot be properly assessed apart from the substation and loop-in they depend on; that the assessment of those elements rests on indicative details; that the description of the development is inconsistent across the applicant's reports and the notices omit the grid connection; and that the decision-maker should either require the full connection to be fixed and assessed now or treat the permission as unable to deliver the scheme on its own.
📊 Precedent pattern
No comparable refusal on this ground was found in the corpus; the point rests on the application documents and the statute.

Detailed assessment

The application seeks permission for a solar farm and energy storage compound with an export capacity of up to 80 MW, but the 110 kV substation and the loop-in connection to the Lanesborough–Mullingar 110 kV line are not part of it. The CEMP states they 'will be the subject of a separate Strategic Infrastructure Development (SID) planning application to An Bord Pleanála' and that its details are 'indicative only and will be confirmed at a later stage'. The documents are not consistent on this: the ECR's development description says 'A 110kV onsite substation will also be provided, however it is not part pf this planning application', the EMF report assesses the 110 kV substation as part of the development, the construction compound is placed in 'the area reserved for the future expansion of the proposed 110 kV substation', the Planning Statement refers to 'Strategic Infrastructure Developments such as Ballymahon', and the newspaper and site notices do not mention a substation or grid connection at all. The NIS and ECR say the substation and grid connection are assessed as part of a 'one project' approach. The assessor should verify that the environmental assessments cover the whole project on a fixed design, and whether a permission for the solar farm and BESS alone, without the connection that the 80 MW export relies on, is acceptable.

📄 Source documents

  • NIS (docid 379227) — p.4Review this page for evidence related to this finding...................................................................................... 12 1.3.9 Other Infrastructure ..................................................................................
  • NIS (docid 379227) — p.14Review this page for evidence related to this finding....P-TEM-006-02 The proposed substation and grid connection will be subject to a future Strategic Infrastructure Development (SID) application to An Bord Pleanála however they are assessed in th
  • Other Assessments (docid 379149) — p.3Review this page for evidence related to this finding....ly and Surface Water Management ................................................ 29 2.8 Ancillary Infrastructure ..................................................................................

Cases cited

none cited

Policy / guidelines cited

none cited

What to watch for

  • The assessor should VERIFY whether any s.182A determination, or reasoning for applying to the Council rather than the Board, is documented for the substation and grid connection; none was found in the application documents searched.
  • Check that the NIS and ECR assessment of the substation and loop-in rests on a fixed design, given the CEMP says those details are 'indicative only'.
Construction environmental measures not yet securedTier 1HIGH RISKThe NIS defers key species-specific mitigation to a CEMP and commits to no species-specific exclusion distance, timing restriction or trigger for Whooper Swan and Golden Plover beyond Ecological Clerk of Works checks; no directly comparable refusal is confirmed.

📋 Evidence brief — what we found

🎯 Key evidence
a cemp will be produced setting out the proposed mitigation for the proposed development. the cemp
— NIS (docid 379227), page 39 (quote verified verbatim)
🗣️ In plain English
The NIS says a CEMP will be produced to set out mitigation rather than setting the Whooper Swan and Golden Plover measures out itself [NIS p.39].
📂 What's on file
  • NIS (docid 379227) (page 39): “a cemp will be produced setting out the proposed mitigation for the proposed development. the cemp”
💡 Why this is wrong
The NIS says a CEMP 'will be produced' and that its measures are what 'must be implemented', then states in one line per pathway that with adherence the effects 'will be fully mitigated'. For Whooper Swan it cites a 600m disturbance buffer as sufficient, yet the only swan-specific mitigation is an Ecological Clerk of Works carrying out checks and advising areas to avoid; no 600m exclusion, timing restriction or trigger is committed to for Whooper Swan or Golden Plover. The integrity conclusion is stated rather than reasoned.
📊 Precedent pattern
Too few to establish a pattern.
📖 Relevant legislation / policy
📚 Precedent cases

Detailed assessment

The NIS says a CEMP 'will be produced' and that its measures are what 'must be implemented', then states in one line per pathway that with adherence the effects 'will be fully mitigated'. For Whooper Swan it cites a 600m disturbance buffer as sufficient, yet the only swan-specific mitigation is an Ecological Clerk of Works carrying out checks and advising areas to avoid; no 600m exclusion, timing restriction or trigger is committed to for Whooper Swan or Golden Plover. The integrity conclusion is stated rather than reasoned.

📄 Source documents

  • Other Assessments (docid 379180) — p.19Review this page for evidence related to this finding....has been designed with a strong emphasis on fire safety. Through the application of advanced risk mitigation measures and adherence to recognised standards, the installation will operate safely a
  • Other Assessments (docid 379149) — p.75Review this page for evidence related to this finding....truction Environmental Management Plan (CEMP). The CEMP will ensure that best practice methods are implemented throughout the construction phase of the Proposed Development. The Contractor wi
  • Other Assessments (docid 379158) — p.6Review this page for evidence related to this finding....d Lismacmurrogh, County Longford. This DPR outlines the proposed procedures and measures to be implemented during the Decommissioning Phase of the development. It details the approach to the

Cases cited

eplanning_LimerickCC_25105, eplanning_KildareCC_2560083

Policy / guidelines cited

none cited

What to watch for

  • An authority cannot ascertain absence of adverse effect on the basis of mitigation whose content is deferred to a future CEMP and an advisory monitoring role. This goes to the adequacy of the NIS itself.
XX km distance placeholder for raised bogTier 1HIGH RISKThe NIS contains placeholders, lacks conservation objectives for key qualifying interests, and relies on unmapped habitats—drafting gaps in the assessment.

📋 Evidence brief — what we found

🎯 Key evidence
the areas of active raised bog are approximately xx km away from the site however
— NIS (docid 379227), page 29 (quote verified verbatim)
🗣️ In plain English
The applicant's documents record that the areas of active raised bog lie at a distance from the site [NIS, p.29].
📂 What's on file
  • NIS (docid 379227) (page 29): “the areas of active raised bog are approximately xx km away from the site however”
💡 Why this is wrong
Table 2 gives the raised-bog distance as 'XX km' and describes a risk of sediment or chemical pollution reaching the SAC, yet records 'No LSE anticipated'. Table 1 lists conservation objectives for Active raised bogs [7110] and Alluvial forests [91E0] as 'No conservation objective provided', so the assessment is not made against those objectives. Table 2 also says alluvial forest areas 'are not mapped' while screening them in. These are drafting defects in the document the authority must rely on.
📖 Relevant legislation / policy
  • Longford County Development Plan 2021-2027 p.336dev plan
    CHAPTER 12: NATURAL HERITAGE & ENVIRONMENT
    (Cited in full above.)
  • Ireland's 4th National Biodiversity Action Plan 2023-2030 (NPWS, 2024) p.65national policy
    6
    Objective Action Timeframe Lead/key partners Performance indicators 6.1.1. Complete designation process for Special Areas of Conservation (SACs) and Special Protection Areas (SPAs), in particular, for marine coastal and offshore SPAs 2017-2020 DCHG 1. Percentage of sites designated by Statutory Instrument 6.1.2. Develop and utilise licensing an
  • guidance for planning authorities on drainage and reclamation of wetlands consultation draft p.37s28 guideline
    Appendix 2
    See guidance for planning authorities on drainage and reclamation of wetlands consultation draft, Appendix 2, cited in full above.
  • OPR Practice Note PN01 — Appropriate Assessment Screening for Development Management (2021) p.38technical guidance
    Sample Case Study 3. — STEP 2. Identification of relevant Natura 2000 sites using Source-Pathway- Receptor model and compilation of information Qualifying Interests and conservation objectives.
    See OPR Practice Note PN01 — Appropriate Assessment Screening for Development Management (2021), Sample Case Study 3., STEP 2. Identification of relevant Natura 2000 sites using Source-Pathway- Receptor model and compilation of information Qualifying Interests and conservation objectives., cited in full above.
  • OPR Practice Note PN01 — Appropriate Assessment Screening for Development Management (2021) p.39technical guidance
    Sample Case Study 3. — STEP 3. Assessment of Likely Significant Effects
    (a) Identify all potential impacts that may result in significant effects on the conservation objectives of a European site, taking into account the size and scale of the project under the following headings: Impacts: Significance of Impacts: (duration/magnitude/etc) Construction phase e.g. l Vegetation clearance l Demolition l Surface wate

Detailed assessment

Table 2 gives the raised-bog distance as 'XX km' and describes a risk of sediment or chemical pollution reaching the SAC, yet records 'No LSE anticipated'. Table 1 lists conservation objectives for Active raised bogs [7110] and Alluvial forests [91E0] as 'No conservation objective provided', so the assessment is not made against those objectives. Table 2 also says alluvial forest areas 'are not mapped' while screening them in. These are drafting defects in the document the authority must rely on.

📄 Source documents

  • Other Assessments (docid 379174) — p.34Review this page for evidence related to this finding....g Report Ballymahon Solar + BESS Farm site offices. 4.4.2 Operation Phase Minimal waste is anticipated to be generated during the operation phase of the proposed development. To avoid rep
  • NIS (docid 379227) — p.16Review this page for evidence related to this finding....ssessment of the likely significant effect (LSE) of a proposed project or plan on the conservation objectives of any Natura 2000 sites3 designated for nature and, where necessary, an assessment o
  • NIS (docid 379227) — p.24Review this page for evidence related to this finding....Sites Natura 2000 Site Distance From Proposed Development Qualifying Features Conservation Objectives 000440 Loch Ree SAC 5.1km west of the site Natural eutrophic lakes with Magnopotamio

Cases cited

none cited

Policy / guidelines cited

none cited

What to watch for

  • Placeholders and contradictory screening entries show the NIS was not finalised, undermining confidence that the screening-out of qualifying interests rests on checked data.
Natura watercourse referrals to NPWS and IFI incompleteTier 1HIGH RISKFailure to secure NPWS/IFI ecological input on Natura 2000 hydrological links is unresolved at lodgement; the applicant relies on continued consultation during the application.

📋 Evidence brief — what we found

🎯 Key evidence
i have consulted with npws and their opinion is that there is not enough time to comment at this time.
— Other Assessments (docid 379142), page 9 (quote verified verbatim)
📂 What's on file
  • Other Assessments (docid 379142) (page 9): “i have consulted with npws and their opinion is that there is not enough time to comment at this time.”
💡 Why this is wrong
Item 20 of the Council's letter required referral to NPWS and IFI because of watercourses and 'identified hydrological links to Natura 2000 sites'. The applicant's response shows the Department's reply that 'there is not enough time to comment at this time' and 'IFI advises that time constraints prevent an immediate response'. The applicant says it 'will continue to pursue a comprehensive response through the term of the planning application'. The Environment Officer also asked that NPWS and Fisheries be consulted on works near the River Inny in parcel one, which the applicant answers only by welcoming consultation and conditions. The matters raised are therefore unresolved at lodgement.
📊 Precedent pattern
Too few to establish a pattern.
📖 Relevant legislation / policy
  • sustainable rural housing development guidelines p.50s28 guideline
    Appendix 2: Supplementary Information on Heritage
    Referral of Planning Applications The Planning Regulations require that planning applications that may affect the natural or built heritage be referred to certain prescribed bodies including the Department of the Environment, Heritage and Local Government. Planning authorities must ensure that all planning applications for rural housing that invol
  • wind energy development guidelines 2006 p.115s28 guideline
    Planning Guidelines
    (Cited in full above.)
  • Draft Revised Wind Energy Development Guidelines (2019) p.52s28 guideline
    CHAPTER 4 SUBMITTING A PLANNING APPLICATION FOR WIND ENERGY DEVELOPMENT — Section 177V (3) of the Planning and Development Act 2000 (as amended) requires the refusal of permission unless the competent authority has determined that the proposed development would not adversely affect the integrity of a European site. If it can be concluded on the basis of AA that there will be no adverse effects on the integrity of a Natura 2000 site, the plan or project can proceed to authorisation, where the normal planning or other requirements will apply in reaching a decision to approve or refuse. If adverse effects are likely, or in cases of doubt, the derogation steps of Article 6(4) can be applied, but only in a case in which there are imperative reasons of overriding public interest (IROPI) requiring a project to proceed, there are no less damaging alternative solutions, and compensatory measures have been identified that can be put in place.
    See Draft Revised Wind Energy Development Guidelines (2019), CHAPTER 4 SUBMITTING A PLANNING APPLICATION FOR WIND ENERGY DEVELOPMENT, Section 177V (3) of the Planning and Development Act 2000 (as amended) requires the refusal of permission unless the competent authority has determined that the proposed development would not adversely affect the int
  • Appropriate Assessment of Plans and Projects in Ireland — Guidance for Planning Authorities (DEHLG 2009, rev. 2010) p.72s28 guideline
    Section 6 - References and Further Reading 72 — 6. References and Further Reading
    Relevant Departmental Circulars (available from www.npws.ie) Circular Letter PD 2/07 and NPWS 1/07: Compliance Conditions in respect of Developments requiring (1) Environmental Impact Assessment (EIA); or (2) having potential impacts on Natura 2000 sites Circular Letter NPWS 2/07: Guidance on Compliance with Regulation 23 of the Habitats Regul
  • Draft Revised Wind Energy Development Guidelines (2019) p.39s28 guideline
    CHAPTER 4 SUBMITTING A PLANNING APPLICATION FOR WIND ENERGY DEVELOPMENT — 4.2 PLANNING AUTHORITY PRE-APPLICATION CONSULTATION3
    See Draft Revised Wind Energy Development Guidelines (2019), CHAPTER 4 SUBMITTING A PLANNING APPLICATION FOR WIND ENERGY DEVELOPMENT, 4.2 PLANNING AUTHORITY PRE-APPLICATION CONSULTATION3, cited in full above.
📚 Precedent cases

Detailed assessment

Item 20 of the Council's letter required referral to NPWS and IFI because of watercourses and 'identified hydrological links to Natura 2000 sites'. The applicant's response shows the Department's reply that 'there is not enough time to comment at this time' and 'IFI advises that time constraints prevent an immediate response'. The applicant says it 'will continue to pursue a comprehensive response through the term of the planning application'. The Environment Officer also asked that NPWS and Fisheries be consulted on works near the River Inny in parcel one, which the applicant answers only by welcoming consultation and conditions. The matters raised are therefore unresolved at lodgement.

📄 Source documents

  • Other Assessments (docid 379142) — p.10Review this page for evidence related to this finding....that time constraints prevent an immediate response. BNRG Ballymahon Ltd will continue to pursue a comprehensive response through the term of the planning application. 21. Fire Officer com
  • Other Assessments (docid 379142) — p.12Review this page for evidence related to this finding....sponse: A Biodiversity Gain Area and hedgerow replacement proposal will be carried out on site, in consultation with the Ecology Mitigation measures in the accompanying documents and in consultat
  • Other Assessments (docid 379170) — p.59Review this page for evidence related to this finding....ed. A project archaeologist will be appointed where required, and all works will be carried out in consultation with the NMS and Longford County Council. 5.5 Construction Phase Where possib

Cases cited

eplanning_KildareCC_2560083, eplanning_LimerickCC_25105

Policy / guidelines cited

none cited

What to watch for

  • The Westmeath refusal relied on Departmental and IFI concerns left unanswered. Here the Council required their input and the file shows none, so the ecological effects on the Inny tributaries are for conditions rather than assessed.
Invasive species management plan not evidencedTier 1MEDIUM RISKA specific invasive-species biodiversity management plan is not evidenced in the supplied excerpts despite watercourse/hedgerow risks, although the ecological appraisal records no INNS on site; no comparable refusal on this ground is identified.

📋 Evidence brief — what we found

🎯 Key evidence
no invasive non-native plant species (inns) were recorded on site. while it remains possible that additional evidence of inns species may emerge later in the season, no evidence of common invasives were noted during the survey.
— Ballymahon Solar Farm and BESS Preliminary Ecological Appraisal (supplied as Conservation Report), p.9 — Invasive Species
🗣️ In plain English
The developer has not evidenced a practical plan to protect and enhance wildlife on a 111-hectare site crossed by streams and old hedgerows. A real plan would state how they will stop invasive plants like Japanese knotweed or giant hogweed spreading during construction and how they will check and treat them over the solar farm's life. The Preliminary Ecological Appraisal records no invasive non-native plant species on site, though more evidence may emerge later in the season [Ballymahon Solar Farm and BESS Preliminary Ecological Appraisal, p.9]. Ireland's 4th National Biodiversity Action Plan 2023-2030 (NPWS, 2024) p.48 identifies giant hogweed and Himalayan balsam as biodiversity concerns, so the Board must weigh invasive-species risk. The excerpts do not evidence a standalone Biodiversity Management Plan covering baseline survey, treatment, biosecurity and monitoring [same doc, p.9].
📖 Legal basis
the Board must decide in accordance with proper planning and sustainable development, weighing all material considerations including biodiversity impact and invasive species risk. Ireland's 4th National Biodiversity Action Plan 2023-2030 (NPWS, 2024) p.48 identifies invasive alien species such as giant hogweed and Himalayan balsam as biodiversity concerns, and p.15 notes that environmental assessment requirements ensure biodiversity is given due consideration for proposed developments. No more specific statutory requirement for a standalone Biodiversity Management Plan or invasive species management plan is established in the supplied authority sources.
📂 What's on file
  • Ballymahon Solar Farm and BESS Preliminary Ecological Appraisal (supplied as Conservation Report, no docid, pages 2, 8–9 visible) — identifies hedgerows, treelines, wet grassland, drainage ditches and lowland river; in the Invasive Species section it records 'No invasive non-native plant species (INNS) were recorded on site' but says later emergence is possible. This is a snapshot, not a management plan.
  • Other Assessments (docid 379156, Tetra Tech Limited on figures) — includes ecological buffer strips and grassland management: removing mown grass, scarification, and monitoring NPK levels with grassland species diversity; no invasive-species treatment, biosecurity or re-treatment section appears in the supplied excerpts.
  • Other Assessments (docid 379142) — Further Information Response records Environment Officer comments requiring 'Replacement of removal of 186 metres of hedgerows to be considered in biodiversity management plan for the site'; the applicant responds with general consultation and Ecological Clerk of Works commitments rather than a specific BMP.
  • Other Assessments (docid 379174, EIA Screening Report) — Section 5.3 Biodiversity states no significant impacts are anticipated and that ongoing surveys will inform further assessments; it does not commit to invasive-species control or operational monitoring.
  • Landscape Mitigation & Biodiversity Plans (in Other Assessments docid 379233 and Visual Assessment Report) — provide planting schedules, hedgerow mixes, wildflower/seed mixes, bird/bat boxes and insect hotels; they do not contain an invasive species management method statement, construction biosecurity protocol or operational monitoring/re-treatment.
❌ What's missing
Not evidenced in the supplied excerpts is a standalone Biodiversity Management Plan with: a baseline invasive-species survey across all 111.1 ha parcels including watercourse margins and hedgerow gaps; targeted treatment method statements for species such as Japanese knotweed, Himalayan balsam, giant hogweed and cherry laurel; construction biosecurity measures; and specific operational monitoring/re-treatment commitments (the CEMP states only that regular monitoring during and after construction is 'essential'). The Ecological Appraisal's one-off 'no INNS recorded' observation is not a management plan, and the applicant's response to the Environment Officer defers to consultation with the Ecological Clerk of Works instead of specifying these controls.
💡 Why this is wrong
The ecological appraisal records no INNS but expressly acknowledges that later emergence is possible. A 111.1 ha multi-parcel site with streams, drainage ditches and 186 m of hedgerow removal is precisely the situation where soil disturbance can spread plants like Japanese knotweed or Himalayan balsam, so a plan needs survey, treatment, biosecurity and follow-up monitoring. The applicant's response merely promises 'consultation' with an Ecological Clerk of Works rather than committing to identifiable controls.
⚠️ Specific deficiency
The applicant relied on the Preliminary Ecological Appraisal's one-off 'no INNS recorded' observation (Conservation Report) rather than a risk-based plan. The Environment Officer comments in Other Assessments (docid 379142) specifically required hedgerow removal to be considered in a biodiversity management plan, but the applicant responded only that 'A Biodiversity Gain Area and hedgerow replacement proposal will be carried out on site, in consultation with the Ecology Mitigation measures in the accompanying documents and in consultation with the Ecological Clerk of Works which will be employed on site.' The Landscape Mitigation & Biodiversity Plans and EIA Screening Report (docid 379174) contain no operational steps for invasive species treatment, biosecurity, or monitoring/re-treatment.
⚖️ Risk to address
Argue that the application does not demonstrate an adequate Biodiversity Management Plan for a 111.1 ha site with watercourses and hedgerow removal, because the only invasive-species evidence is a one-off 'no INNS recorded' survey and the response defers to an Ecological Clerk of Works without committed treatment, biosecurity or monitoring; ABP should require a specific plan before deciding.
📊 Precedent pattern
Too few to establish a pattern.
📖 Relevant legislation / policy
  • Longford County Development Plan 2021-2027 p.350dev plan
    CHAPTER 12: NATURAL HERITAGE & ENVIRONMENT
    (Cited in full above.)
  • lap draft guidelines june 2012 p.40s28 guideline
    5 — 5.4 Integrating Environmental Considerations in Local Area Planning The development trends of recent years have raised questions about sustainability in environmental as well as economic and social terms. Local area plans can play a key role in turning around future patterns towards less energy intensive, more prudent and ecologically sensitive ways to meet the development needs of Irish society and its economy. Local area plans should therefore be based fundamentally doing no harm to the stock of environmental qualities that might be affected by the development of that area and in addition, maximising the opportunities for improving environmental qualities.
    (Cited in full above.)
  • local area plans guidelines for planning authorities june 2013 p.43s28 guideline
    5 — 5.4 Integrating Environmental Considerations in Local Area Planning The development trends of recent years have raised questions about sustainability in environmental as well as economic and social terms. Local area plans can play a key role in turning around future patterns towards less energy intensive, more prudent and ecologically sensitive ways to meet the development needs of Irish society and its economy. Local area plans should therefore be based fundamentally doing no harm to
    (Cited in full above.)
  • Ireland's National Energy and Climate Plan 2021-2030 (final updated 2024) p.77national policy
    2. National Objectives and Targets — LULUCF
    (Cited in full above.)
  • Ireland's 4th National Biodiversity Action Plan 2023-2030 (NPWS, 2024) p.25national policy
    Collective Action for Biodiversity
    (Cited in full above.)
📚 Precedent cases

Detailed assessment

Given the multi-parcel site contains watercourses and hedgerow networks — including "located on both sides of the stream which flows through this field" (landscape description of the north-east block) — the assessor should assess whether the BMP includes an invasive species management plan adequate for 111.1 ha. It should include baseline survey across all parcels and watercourse margins, risk-targeted species such as Japanese knotweed, Himalayan balsam, giant hogweed and cherry laurel, treatment method statements, construction biosecurity, and operational monitoring/re-treatment.

📄 Source documents

  • Other Assessments (docid 379215) — p.5Review this page for evidence related to this finding....edition, 2013 (GLVIA) published by the UK Landscape Institute and the Institute for Environmental Management and Assessment and the relevant updates and Clarifications as issued by the Landscape
  • Other Assessments (docid 379142) — p.12Review this page for evidence related to this finding....ee 19. Above Replacement of removal of 186 metres of hedgerows to be considered in biodiversity management plan for the site. Response: A Biodiversity Gain Area and hedgerow replacement pro
  • Other Assessments (docid 379146) — p.83Review this page for evidence related to this finding....ures or the wider archaeological landscape. No definite archaeological features were identified in Parcels 2 or 4, though as with all other Parcels there were multiple small anomalies which may r

Cases cited

eplanning_LimerickCC_25105

Policy / guidelines cited

none cited

What to watch for

  • Baseline invasive species survey of all parcels and stream margins
  • Species-specific treatment method statements
  • Construction biosecurity and operational monitoring/re-treatment
Noise assessment scoped to residential receptors, not SPA bird speciesTier 1MEDIUM RISKThe noise assessment is scoped to residential receptors and does not quantify construction/operational noise effects on SPA bird species.

📋 Evidence brief — what we found

🎯 Key evidence
the noise assessment follows established methodologies and criteria, including the abc method: ambient noise levels at nearby residential properties are rounded to the nearest 5 db to determine threshold values for three time periods - daytime, evening/weekend, and night-time.
— Other Assessments (docid 379174), page 50 (quote verified verbatim)
📂 What's on file
  • Other Assessments (docid 379174) (page 50): “the noise assessment follows established methodologies and criteria, including the abc method: ambient noise levels at nearby residential properties are rounded to the nearest 5 db to determine threshold values for three time periods - daytime, evening/weekend, and night-time.”
💡 Why this is wrong
The Noise Impact Assessment's methodology (BS 5228, TII, EPA NG4, ABC Method) is expressly calibrated to residential receptor thresholds and does not, in the sampled passages, extend to SPA qualifying bird species or ecologically-sensitive receptors at Lough Ree SPA (c.5.1km distant); the NIS instead treats avian disturbance qualitatively via energetic-expenditure narrative without decibel thresholds.
📊 Precedent pattern
Too few to establish a pattern.
📖 Relevant legislation / policy
📚 Precedent cases

Detailed assessment

The Noise Impact Assessment's methodology (BS 5228, TII, EPA NG4, ABC Method) is expressly calibrated to residential receptor thresholds and does not, in the sampled passages, extend to SPA qualifying bird species or ecologically-sensitive receptors at Lough Ree SPA (c.5.1km distant); the NIS instead treats avian disturbance qualitatively via energetic-expenditure narrative without decibel thresholds.

📄 Source documents

  • Other Assessments (docid 379149) — p.155Review this page for evidence related to this finding.Page 155 of 193 ECR Ballymahon Solar Farm parameters of the chosen methodology 9.2.6 Mitigation If it is determined that glare will be experienced at a particular receptor and there is no scre
  • Other Assessments (docid 379149) — p.110Review this page for evidence related to this finding....oring The acoustic parameters measured include LAeq, LA90 and LAFMax. Instrumentation was check calibrated before and after the survey period. Weather during the surveys was dry and calm with
  • Other Assessments (docid 379215) — p.8Review this page for evidence related to this finding....ment drawings and visualisations, and a site visit which was carried out in September 2024. 1.2.3 Methodology for Landscape Appraisal As noted above, the methodology for the landscape appraisal

Cases cited

eplanning_KildareCC_2560083, eplanning_LimerickCC_25105

Policy / guidelines cited

none cited

What to watch for

  • The assessor should VERIFY in the Noise Impact Assessment (docid 379217) and NIS whether construction and post-construction noise levels were specifically modelled at Lough Ree SPA/qualifying bird receptor locations, rather than solely at residential properties.
10m buffer not confirmed clear of structuresTier 1MEDIUM RISKThe scheme shows a 10m stream buffer but lacks confirmation that it stays unobstructed for OPW maintenance.

📋 Evidence brief — what we found

🎯 Key evidence
Existing Stream incl. 10m Buffer
— Site layout plan (docid 379160), page 1 (quote verified verbatim)
🗣️ In plain English
The site layout plan (docid 379160, page 1) records an existing stream with a 10m buffer, the 33kV cable route, and the inverter/transformer noted on drawing 7426-J.
📂 What's on file
  • Site layout plan (docid 379160) (page 1): “existing stream incl. 10m buffer 33kv cable route inverter / transformer refer to drawing 7426-j”
💡 Why this is wrong
The site layout plan legend maps a 10m buffer around the existing stream, indicating some separation distance, but the passages give no confirmation that this strip is kept free of fencing, paving, or landscaping to preserve OPW maintenance access as opposed to being an ecological or construction buffer. Objectors should scrutinise whether this mapped 10m strip is functionally reserved for machinery/maintenance access or merely a notional environmental setback.
📊 Precedent pattern
No directly comparable precedent confirmed in corpus — legal basis stands independently.
📖 Relevant legislation / policy

Detailed assessment

The site layout plan legend maps a 10m buffer around the existing stream, indicating some separation distance, but the passages give no confirmation that this strip is kept free of fencing, paving, or landscaping to preserve OPW maintenance access as opposed to being an ecological or construction buffer. Objectors should scrutinise whether this mapped 10m strip is functionally reserved for machinery/maintenance access or merely a notional environmental setback.

📄 Source documents

  • Other Assessments (docid 379204) — p.12Review this page for evidence related to this finding....as not granted by landowners. The proposed MV cable route connecting Site 1 to Site 3 will follow existing roads (L5527 and R397). As the lands adjacent to these roads fall outside of the client
  • Conservation Report — p.267Review this page for evidence related to this finding....f construction. Project Scope The proposed MV cable route connecting Site 1 to Site 3 will follow existing roads (L5527 and R397). Lands adjacent to these roads fall outside of the client’s owne
  • Unsolicited Information — p.11Review this page for evidence related to this finding....truction and operational access via two existing entrances on the R397 and L5527 roads; and; ix. Landscaping and biodiversity enhancement measures. Figure 3 below illustrates the proposed site

Cases cited

none cited

Policy / guidelines cited

none cited

What to watch for

  • The assessor should VERIFY in the drainage/engineering drawings whether the 10m stream buffer is kept clear of fencing, tracks or planting to permit OPW maintenance plant access.
Enhancement measures optional and locations not securedTier 1MEDIUM RISKOptional and indicative biodiversity enhancements are unsecured and could be addressed by planning condition rather than being a consistently determinative refusal ground, though comparable refusals exist for broader ecological gaps.

📋 Evidence brief — what we found

🎯 Key evidence
enhancement measures opportunities for ecological enhancement are listed below, which would represent a positive impact on local biodiversity and breeding birds (optional). • artificial nest boxes: installing a diverse range of nesting boxes across the site would increase the availability of suitable nesting habitats for a wide variety of bird species.
— Conservation Report (784-B071661 GP-TEM-006-02), pp.11–12 — Section 'Enhancement Measures'
🗣️ In plain English
The documents describe the proposed bird, bat and insect boxes and wildflower areas as 'optional' and mark their locations as 'indicative'. The supplied authority sources do not establish a more specific statutory or guideline requirement that biodiversity enhancement commitments must be binding or be agreed with the planning authority’s ecologist. The finding therefore rests on the section 34 proper-planning test [s.34]: optional and indicative biodiversity measures are materially less certain and cannot be given the same weight as secured commitments. In practice, the Board should treat these measures as weaker than secured commitments.
📖 Legal basis
The supplied authority sources do not establish a more specific statutory or guideline requirement that biodiversity enhancement commitments must be binding or be agreed with the planning authority’s ecologist; therefore this finding rests on the section 34 proper-planning test: optional/indicative biodiversity measures are materially less certain and cannot be given the same weight as secured commitments.
📂 What's on file
  • Conservation Report (784-B071661 GP-TEM-006-02, by Tetra Tech, pp.11-12) — In 'Enhancement Measures' it lists artificial nest boxes and native planting as opportunities that 'would represent a positive impact on local biodiversity and breeding birds (optional)' and gives general siting advice, but does not commit to installing any specific number/type/location or to agreeing them with the planning authority ecologist.
  • Visual Assessment Report – Landscape Mitigation & Biodiversity Plan, overall site layout (drawing no. 25188-2-100) — The legend identifies 'Bird Box (11no.) @ Insect Boxes (11no.) (indicative locations)' and 'Bat Boxes (11no.) (indicative locations)'; revision history includes '28/07/25 Ecology housing added', confirming the ecology housing was added to the drawing but not fixed.
  • Other Assessments (docid 379164) — A duplicated site layout/landscape mitigation plan legend similarly lists bird boxes, bat boxes and insect boxes as '(indicative locations)' and contains only general notes about products and planting approvals, with no mechanism for ecological sign-off.
  • Other Assessments (docid 379156) — Bird Species Technical Note / ecological note (p.5) recommends 'appropriate mitigation and enhancement measures should be implemented', but does not show that these recommendations are secured by a Biodiversity Management Plan or enforceable condition.
❌ What's missing
The relevant documents are present but inadequate because the enhancement measures are left as optional and their locations as indicative. Although the application says a Landscape and Biodiversity Management Plan will be prepared, not evidenced in the supplied excerpts is any submitted Biodiversity Management Plan or binding schedule (the FI response only gives a general commitment to a Biodiversity Gain Area) that converts the artificial nest/bat/insect boxes and pollinator/wildflower grassland into definite, enforceable commitments whose placement, type, number and timing must be agreed in writing with the planning authority's ecologist before commencement. Without this, the positive ecological effects are not secured against being lost at detailed design or construction.
💡 Why this is wrong
The Conservation Report itself labels the biodiversity gain as '(optional)', and the drawing labels every bird/bat/insect box as 'indicative locations'. An optional or indicative measure is not an enforceable part of the development, so it could be omitted or relocated at detailed design or construction without a breach. In PL17-311536 the Board refused on the basis that the Natura Impact Statement could not be relied on with scientific certainty (a different ecological ground); in eplanning_KildareCC_2560083 the planning authority refused a solar/BESS proposal partly because of 'poor quality of information provided in relation to biodiversity' and a 'significant dearth of information' in ecological assessments. If the Board grants permission relying on these enhancements as positive ecological effects, but the application does not secure them, the decision cannot satisfy the proper planning and sustainable development test under section 34.
⚠️ Specific deficiency
The applicant's Conservation Report says the enhancements 'would represent a positive impact on local biodiversity and breeding birds (optional)' and then gives advice on box orientation/height; it does not commit to a fixed number, type, location, timescale or written agreement with the ecologist. The layout plan (drawing no. 25188-2-100) adds 'Bird Box (11no.)', 'Insect Boxes (11no.)' and 'Bat Boxes (11no.)' only as 'indicative locations', and the revision '28/07/25 Ecology housing added' shows the items were inserted onto the drawing without being tied to any enforceable mechanism. The supplied excerpts contain no Biodiversity Management Plan or condition converting those indicators into obligations; therefore the applicant has not demonstrated that the biodiversity measures will actually be delivered.
⚖️ Risk to address
The Board cannot lawfully treat optional, indicative wildlife boxes and pollinator/wildflower grassland as positive ecological effects or mitigation. The objector should argue that permission must be refused unless the applicant submits a Biodiversity Management Plan or accepts a condition that fixes the type, number, location and timing of the bird/bat/insect boxes and pollinator areas, and requires those details to be agreed in writing with the planning authority's ecologist before commencement.
📊 Precedent pattern
Too few to establish a pattern.
📖 Relevant legislation / policy
📚 Precedent cases
  • eplanning_KildareCC_2560083 — refused · Kildare County Council · 25% match
    Townlands of Portgloriam Clonsast Ballybrack Ballyloughlan Farrandum , Clonduff
    Having regard to the significant dearth of information within the Appropriate Assessment Screening and Natura Impact Statement in relation to surveys, habitats and species and the impact of the proposed development on the Rye Water Valley/Carton SAC, Ballynafagh Lake SAC and B

Detailed assessment

The Conservation Report states the listed enhancements "would represent a positive impact on local biodiversity and breeding birds (optional)" (Conservation Report, Enhancement Measures), and the drawing's boxes are labelled 'indicative'. The assessor should VERIFY whether the Biodiversity Management Plan converts these enhancements into binding commitments, with the placement, type and number of bird/bat boxes and any pollinator grassland to be agreed in writing with the planning authority's ecologist before commencement. The optional framing exposes the offset/compensatory measures to being lost at detailed design or construction stage.

📄 Source documents

  • Other Assessments (docid 379156) — p.5Review this page for evidence related to this finding....desk-based review of historic bird data within a 2 km radius of the site. It identifies species of conservation concern and those with legal protection to inform avoidance, mitigation, and habita
  • Other Assessments (docid 379156) — p.12Review this page for evidence related to this finding....rd check should be undertaken by a suitably qualified ecologist no more than 24 hours prior to the commencement of works. Should any active nests be identified, an appropriate buffer zone must be
  • Conservation Report — p.5Review this page for evidence related to this finding....for Birds is used to inform the Ecological Impact Assessment (EcIA). 1.4 Legislation 1.4.1 The conservation status of bird species in Ireland can be assigned in relation to a species inclusion

Cases cited

eplanning_KildareCC_2560083

Policy / guidelines cited

none cited

What to watch for

  • Whether the Biodiversity Management Plan includes a pre-commencement written-agreement mechanism with the Council ecologist for box/pollinator placement.
  • Whether any biodiversity loss requiring offset is clearly quantified and linked to the bird/bat boxes and grassland measures.
  • Whether 'optional' wording is removed from the binding mitigation commitments.
Decommissioning bond quantum and cost breakdown not quantifiedTier 1MEDIUM RISKDecommissioning plan does not quantify a financial security; this is likely a conditionable concern rather than a refusal ground.

📋 Evidence brief — what we found

🎯 Key evidence
the purpose of this decommissioning plan report is to provide a clear and practical framework to: • ensure full compliance with all relevant environmental, health and safety, and waste management legislation, along with applicable codes of best practice and guidance documents. • outline a structured plan for the implementation of decommissioning and reinstatement measures detailed in the project documentation and planning submissions. • identify potential environmental risks associated with the decommissioning phase and set out appropriate mitigation strategies to minimise any potential adverse impacts.
— Other Assessments (docid 379158), page 8 of 31 — Section 1.2 Purpose of this report
🗣️ In plain English
The developer has promised to take the solar farm apart and clean up at the end of its life, but the documents do not work out what that will cost; the CEMP (s.8) refers to the DPR providing financial arrangements including a Decommissioning Bond, without stating an amount. The supplied authority sources set no specific statutory bond amount or indexation for a solar farm; the closest, the Draft Revised Wind Energy Development Guidelines 2019 (draft, not adopted; a material consideration only, not binding), p.145, states that 'a condition may be attached to secure a Decommissioning and Restoration Plan' — so a condition can secure a plan, but no binding provision fixes the sum. The plan promises a compliance framework yet gives no quantified bond, indexation mechanism or cost breakdown for the full end-of-life works [docid 379158, p.8]. These wind-farm guidelines are cited only by analogy: they are written for wind farms, not solar farms.
📖 Legal basis
The supplied authority sources do not establish a specific statutory requirement for a decommissioning bond amount or indexation for a solar farm; the closest supplied guidance, the Draft Revised Wind Energy Development Guidelines 2019 (draft, not adopted; a material consideration only, not binding), p.145, states that 'a condition may be attached to secure a Decommissioning and Restoration Plan' and that 'conditions requiring the lodgement of financial bonds have been used in the past to ensure that decommissioning will take place in a responsible manner', though it also says 'the use of a long-term bond is not recommended' for wind because the recycling value of components should cover costs. No more specific bond quantum requirement is established from the available sources. These wind-farm guidelines are cited only by analogy: they are written for wind farms, not solar farms.
📂 What's on file
  • Other Assessments (docid 379142) — Further Information response item 19: acknowledges that the submission lacked details on decommissioning and states a Decommissioning Report has now been submitted outlining procedures, removal, materials management and reinstatement; it does not mention a bond amount, indexation or cost.
  • Other Assessments (docid 379158) — Decommissioning Plan Report (DPR) Ballymahon Solar + BESS, 31 pages, by PlanEnergy; describes the report's purpose as a framework for compliance, structured plan, and risk mitigation; no financial security quantum is stated in the excerpt.
  • Other Assessments (docid 379201) — describes decommissioning methods (cable removal, foundation break-up, rewilding, tracks retained) and duration of 6–12 months; no decommissioning bond, indexed security, or cost estimate.
  • F I Received Doc (docid 386940) — revised project description confirming approx. 700,000 sqm PV arrays, 17 MV stations, 56 BESS modules, 1.8 km underground cabling, 3,900 m internal tracks; relevant to quantifying decommissioning footprint but contains no financial security.
  • Site Notice — confirms total area circa 111.1 ha, 94.18 ha solar farm, up to 80 MW export, 700,000 sqm panels, 56 BESS; no mention of decommissioning bond or cost.
💡 Why this is wrong
This is a problem because a decommissioning framework without a quantified, secured and inflation-proofed financial mechanism provides no enforceable assurance that the public and landowners will not be left with the cost and environmental burden of removal. The authority/Board must be satisfied that the development accords with proper planning and sustainable development, and for a 111.1 ha, 80 MW, 40-year scheme with around 700,000 m² of panels and 56 BESS modules, end-of-life costs are a material consideration. The DPR's assurance that works will be carried out in compliance with legislation does not demonstrate that any entity will have the money to carry them out if the operator becomes insolvent or discontinues the project. The wind-energy guidance in the corpus cautions against long-term bonds because recycling value should cover costs, but that assumption is not documented here, and nothing shows the salvage value of solar panels and batteries would offset the full removal and restoration costs.
⚠️ Specific deficiency
The applicant prepared a Decommissioning Plan Report that defines roles, standards and environmental obligations but contains no financial security quantum; the only financial-type statements are contractual obligations on contractors and a statement that the document is a 'live document' to be updated. The applicant's Further Information response in Other Assessments (docid 379142) answered item 19 by stating that the Decommissioning Report 'details the approach to the safe and environmentally responsible removal of all above- and below-ground infrastructure, the management of materials, and the reinstatement...' without giving a bond amount or costed restoration plan. The revised project description in docid 386940 confirms the full footprint but no end-of-life cost or bond has been tied to it.
⚖️ Risk to address
Argue that permission should not be granted unless an enforceable condition requires the lodging before commencement of an indexed decommissioning bond/security whose amount is calculated from a full end-of-life cost assessment covering the 700,000 m² PV panels, 56 BESS modules, 17 MV stations, 1.8 km underground cabling, all internal tracks and foundations, and site restoration, with periodic review over the 40-year life; the current DPR provides no such financial certainty.
📊 Precedent pattern
No directly comparable precedent confirmed in corpus — legal basis stands independently.
📖 Relevant legislation / policy
  • wind energy development guidelines 2006 p.93s28 guideline
    Planning Guidelines — 7.19 Decommissioning and Reinstatement
    See wind energy development guidelines 2006, Planning Guidelines, 7.19 Decommissioning and Reinstatement, cited in full above.
  • OPR Practice Note PN03 — Planning Conditions (October 2022) p.103technical guidance
    Note: you must impose a condition as suggested in 13.1 if you intend to use 13.2 as 13.1 sets out the requirement for the site restoraration plan. Decommissioning and Restoration

Detailed assessment

The assessor should assess whether the Decommissioning Plan Report or Planning Statement quantifies a decommissioning bond and demonstrates the quantum against a credible end-of-life cost for an 80 MW, 111.1 ha scheme with approximately 700,000 sqm of PV panels and 56 BESS modules. OPR PN03 provides a sample condition stating that 'a detailed Site Restoration Plan providing for the removal of the solar arrays and all ancillary structures, and a timescale for its implementation, shall be submitted...' (OPR Practice Note PN03 — Planning Conditions, pp.97-98), but it does not itself prescribe a bond quantum. The sampled DPR material describes the 'approach to the safe and environmentally responsible removal of all above- and below-ground infrastructure', so the assessor should verify whether the submitted DPR or Planning Statement contains that financial calculation and a binding security rather than assuming it is adequate.

📄 Source documents

  • Other Assessments (docid 379163) — p.26Review this page for evidence related to this finding....el arrays, to include approximately 355,000 sqm of ground-mounted panels supported by steel frame structures and the remainder area as solar array row spacing; • Installation of approximately 18
  • Other Assessments (docid 379150) — p.85Review this page for evidence related to this finding....redicted the occurrence and intensity of glare at different times and days of the year. Several V1 calculations utilize the PV array centroid, rather than the actual glare spot location, due to al
  • Other Assessments (docid 379150) — p.96Review this page for evidence related to this finding....redicted the occurrence and intensity of glare at different times and days of the year. Several V1 calculations utilize the PV array centroid, rather than the actual glare spot location, due to al

Cases cited

none cited

Policy / guidelines cited

OPR Practice Note PN03 — Planning Conditions (October 2022) p.97

What to watch for

  • Whether a bond/security quantum is stated and is broadly in the €1.2m–€2.0m range for 80 MW.
  • Whether the quantum covers panel modules, mounting frames, BESS modules, inverters, foundations, cabling, and access track removal or making safe.
  • Whether drawdown is available to Longford County Council on decommissioning or default.
No legally binding community benefit commitment providedTier 1MEDIUM RISKThe community benefit is conditional and not secured, but this is a conditionable concern that could be addressed by a planning condition.

📋 Evidence brief — what we found

🎯 Key evidence
subject to participation in the ress scheme, the applicant will contribute approximately €2.7 million over 15 years to the local community through a community benefit fund.
— Other Assessments (docid 379149), p.18 of 193 — Section 1 Consultation, paragraph beginning "Subject to participation in the RESS scheme..."
🗣️ In plain English
The developer states that, subject to participation in the RESS scheme, it will pay about €2.7 million over 15 years into a local community benefit fund [docid 379149, p.18]. No planning condition, community benefit agreement or governance arrangement in the supplied material binds that promise, and the only quantified figure is expressly conditional on RESS entry [docid 379149, p.18]. No binding statutory requirement for a solar community benefit fund is established in the supplied sources; the relevant national policy, the Draft Revised Wind Energy Development Guidelines 2019, remains in draft and not adopted, so it imposes no enforceable obligation. The Board should make the €2/MWh community benefit a binding condition, not a maybe. These wind-farm guidelines are cited only by analogy: they are written for wind farms, not solar farms.
📖 Legal basis
The decision must be made in accordance with the proper planning and sustainable development of the area, including consideration of material public-interest benefits. No binding statutory requirement for a solar community benefit fund is established from the supplied sources. The relevant national policy/guidance states: Draft Revised Wind Energy Development Guidelines 2019 (draft, not adopted; a material consideration only, not binding), p.94 — "Whether or not the project is operating under RESS, all projects should, unless other means of community benefit are expressly preferred by the local community, provide a Community Benefit Fund, using the RESS contribution of €2/MWh as a benchmark." These wind-farm guidelines are cited only by analogy: they are written for wind farms, not solar farms.
📂 What's on file
  • Other Assessments (docid 379176) — Community Engagement Statement, extract, by PlanEnergy/BNRG Ballymahon Ltd. It describes pre-application consultation (flyers to 350 properties, public event, website, newspaper) but does not quantify or secure a community benefit fund.
  • Other Assessments (docid 379149) — Environment report extract, p.18 of 193. It states: "Subject to participation in the RESS scheme, the Applicant will contribute approximately €2.7 million over 15 years to the local community through a community benefit fund." It also records the public consultation meeting on 16 July 2025.
  • Other Assessments (docid 379201) — Greenhouse Gas Assessment. It mentions a community benefit fund and local employment in general terms but no figures, governance, or enforceable mechanism.
  • Other Assessments (docid 379163) — Planning Statement. It refers to a community fund and local authority contributions but provides no quantified, binding commitment.
  • Site Notice — It makes no reference to any community benefit fund or condition securing one.
❌ What's missing
The supplied excerpts do not evidence a legally binding or unconditional community benefit commitment. The only quantified figure is expressly made "subject to participation in the RESS scheme", so there is no independent obligation to provide the €2/MWh or €2.7 million fund if the project does not enter RESS. There is also no draft planning condition, no community benefit agreement, no governance/administration structure, no reporting mechanism, and no local decision-making arrangements in the supplied excerpts. The adequacy issue is therefore that the commitment is conditional and unenforceable, not that the benefit is entirely absent from the narrative.
💡 Why this is wrong
The proposed community benefit is expressly conditional on the project's participation in the RESS subsidy scheme. That means it is not a guaranteed benefit secured by the planning permission; if the developer is unsuccessful in RESS, sells the project, or proceeds as a merchant/CPPA project, the local community may receive no fund at all. The guidance benchmark says all projects should provide a Community Benefit Fund at the RESS €2/MWh level unless the community expressly prefers another benefit, and CPPA-funded projects are expected to include an equivalent €2/MWh fund. The application commits only to a conditional narrative, which the Board cannot enforce. This weakens the claimed positive community/socio-economic impact and means the decision could set a precedent that developers may claim community benefits without securing them.
⚠️ Specific deficiency
The applicant inserted a contingent benefit into the project narrative in Other Assessments (docid 379149), p.18 — "Subject to participation in the RESS scheme, the Applicant will contribute approximately €2.7 million over 15 years to the local community through a community benefit fund." The phrase "Subject to participation in the RESS scheme" discharges the obligation conditionally. The Planning Statement and Greenhouse Gas Assessment repeat community benefit in general terms without an enforceable mechanism, calculation basis, governance arrangement, or draft condition. No planning condition or legal undertaking is identified in the supplied documents that would compel payment of €2/MWh or €2.7 million irrespective of RESS outcome. The planning authority/Board would err if it treated this as a secured community benefit in the section 34 balance.
⚖️ Risk to address
Before any grant of permission, ABP should require a legally enforceable planning condition obliging the developer to establish and fund a Community Benefit Fund at the RESS €2/MWh benchmark (or an equivalent independently of RESS success), with local governance, administration, and annual reporting; otherwise, the claimed community benefit is not secured and should not be relied upon as a material positive.
📊 Precedent pattern
No directly comparable precedent confirmed in corpus — legal basis stands independently.
📖 Relevant legislation / policy
  • Draft Revised Wind Energy Development Guidelines (2019) p.94s28 guideline
    CHAPTER 5 CONSIDERING AN APPLICATION FOR WIND ENERGY DEVELOPMENT — 5.10.2 Community Benefit/Dividend
    See Draft Revised Wind Energy Development Guidelines (2019), CHAPTER 5 CONSIDERING AN APPLICATION FOR WIND ENERGY DEVELOPMENT, 5.10.2 Community Benefit/Dividend, cited in full above.
  • Climate Action Plan 2024 (CAP24) p.165national policy
    Chapter 5 of CAP23 estimated that an additional ~€119 billion of capital investment would — 12.4 Citizen Engagement
    See Climate Action Plan 2024 (CAP24), Chapter 5 of CAP23 estimated that an additional ~€119 billion of capital investment would, 12.4 Citizen Engagement, cited in full above.
  • Ireland's National Energy and Climate Plan 2021-2030 (final updated 2024) p.172national policy
    3 Policies and Measures — 3.1.2 Renewable Energy
    See Ireland's National Energy and Climate Plan 2021-2030 (final updated 2024), 3 Policies and Measures, 3.1.2 Renewable Energy, cited in full above.
  • Draft Revised Wind Energy Development Guidelines (2019) p.93s28 guideline
    CHAPTER 5 CONSIDERING AN APPLICATION FOR WIND ENERGY DEVELOPMENT — 5.10.1 Community Investment and Ownership
    See Draft Revised Wind Energy Development Guidelines (2019), CHAPTER 5 CONSIDERING AN APPLICATION FOR WIND ENERGY DEVELOPMENT, 5.10.1 Community Investment and Ownership, cited in full above.
  • Draft Revised Wind Energy Development Guidelines (2019) p.92s28 guideline
    CHAPTER 5 CONSIDERING AN APPLICATION FOR WIND ENERGY DEVELOPMENT — 5.10 COMMUNITY INVESTMENT AND DIVIDEND
    See Draft Revised Wind Energy Development Guidelines (2019), CHAPTER 5 CONSIDERING AN APPLICATION FOR WIND ENERGY DEVELOPMENT, 5.10 COMMUNITY INVESTMENT AND DIVIDEND, cited in full above.

Detailed assessment

The Environment/Consultation report states that, "Subject to participation in the RESS scheme, the Applicant will contribute approximately €2.7 million over 15 years to the local community through a community benefit fund" (docid 379149, p.18). The assessor should consider whether a commitment conditional on RESS entry, with no identified planning condition or agreement, can be treated as a secured benefit for a 111.1 ha, 80 MW, 40-year project.

📄 Source documents

  • Other Assessments (docid 379176) — p.6Review this page for evidence related to this finding.Community Engagement Statement Page | 6 enabled the Applicant to communicate the proposed project plans effectively and gather feedback from the communities. Project designs will then be am
  • Other Assessments (docid 379176) — p.10Review this page for evidence related to this finding.Community Engagement Statement Page | 10 engagement with residents living within one kilometre of the proposed project boundary through information fliers and personal contact, hosting an i
  • Other Assessments (docid 379176) — p.2Review this page for evidence related to this finding.Community Engagement Statement Page | 2 CONTENTS 1 PROJECT BACKGROUND .................................................................................. 4 1.1 Purpose of Report.........

Cases cited

none cited

Policy / guidelines cited

none cited

What to watch for

  • Evidence of notification to all relevant dwellings and community groups
  • How submissions/objections were recorded and addressed
  • Specific design changes or mitigation adopted as a result of consultation
  • Engagement with Longford County Council and elected members pre-application
Chisel ploughing may not reverse compaction beneath piles and cable routesTier 1MEDIUM RISKThe missing topsoil/pile decompaction particulars are a conditionable concern, so medium risk.

📋 Evidence brief — what we found

🎯 Key evidence
after the installation of the solar panels, chisel ploughing will be carried out by the contractor between solar panel rows to loosen the soil that will be compacted during construction. chisel ploughing will reduce soil compaction on the site and promote seed growth; this will increase infiltration rates, reducing runoff rates from the site.
— Other Assessments (docid 379179), page 18 — Section 5.2.2 (Chisel ploughing/soil mitigation, in PKF-JBAI-XX-XX-RP-EN-0001-A3-C02-Hydrology_Hydrogeology_Ballymahon)
🗣️ In plain English
Plans say the contractor will strip, stockpile and chisel-plough topsoil between solar panel rows, but they do not say stripping depth, stockpile management, or how it will loosen compacted soil under piles and cable routes [docid 379179]. That matters because 40 years of compaction may stop rainfall soaking away and stop good agricultural use returning. The soil management provisions are present but inadequate [docid 379179]. OPR Practice Note PN03 (2022), p.77, condition 5.26 sets the model condition to strip topsoil and store it separately from overburden [OPR PN03, 2022]; the Board must weigh that against proper planning and sustainable development.
📖 Legal basis
The statutory anchor is: the planning authority/Board must decide in accordance with the proper planning and sustainable development of the area, weighing all material considerations. On soils, the OPR Practice Note PN03 — Planning Conditions (October 2022), p.77, condition 5.26 sets out the standard model condition: 'All topsoil shall be stripped and stored separately from overburden. Detailed proposals in this regard shall be submitted to, and agreed in writing with, the planning authority prior to commencement of development. The development shall be carried out in accordance with the agreed details.' The Longford County Development Plan 2021-2027, Chapter 16 Development Management Standards, p.447, sets out, for excavation/extractive development, a comparable requirement for plans and section drawings detailing anticipated finished landform, quality and condition of topsoil/overburden, and rehabilitation works. The EPA Guidelines on the Information to be Contained in Environmental Impact Assessment Reports (2022), p.37, list Land & Soils matters including 'Soil (for example organic matter, erosion, compaction, sealing)'. These are planning policy/practice guidance, not a statutory class trigger; the binding basis remains s.34.
📂 What's on file
  • Updated Hydrology & Hydrogeology (docid not shown in excerpt; PKF-JBAI-XX-XX-RP-EN-0001-A3-C04-Hydrology_Hydrogeology_Ballymahon, received 01/04/2026) — page 18 states that chisel ploughing will be carried out 'between solar panel rows' after installation, and that topsoil stockpiles will be covered/dampened and kept a suitable distance from drainage ditches, but gives no stripping depth or pile/cable decompaction detail.
  • Other Assessments (docid 379179) — contains the same Hydrology & Hydrogeology text at page 18 (C02 version), repeating the limited chisel ploughing commitment and general stockpile management.
  • Other Assessments (docid 379170) — CEMP Ballymahon Solar + BESS, pages 70-75, Section 6.4 Excavation and Earthworks and Section 6.5 Underground Cable Construction Methodologies. It gives cable trench depth (1,250 mm) and width (450 mm), bedding/backfill compaction, and says temporary soil storage will be managed, but does not specify topsoil stripping depth or decompaction beneath pile foundations or cable trenches.
  • Other Assessments (docid 379149) — ECR Ballymahon Solar Farm, pages 103 and 185. It says soils stripped will be stored separately in designated stockpiles away from drains/ditches, protected by dampening and silt traps, but again gives no stripping depth, stockpile dimensions, or pile-location decompaction.
  • Other Assessments (docid 379158) — DPR Ballymahon Solar + BESS, pages 26-27, Section 3.2.3 Decommissioning and Section 3.3 Site Rehabilitation. It commits to removing piles/concrete footings to 1 m and redistributing topsoil, but its decompaction measure is limited to access road footprints, not discrete pile or cable-trench locations.
  • Other Assessments (docid 379215) — notes underground cabling by channel trenching with mole ploughing where appropriate, but does not provide any soil-loosening/decompaction specification for those cable lines.
❌ What's missing
The soil management provisions are present but inadequate because: (i) no topsoil stripping depth or topsoil/overburden separation specification is evidenced in the supplied excerpts; (ii) stockpile locations are described only in general terms such as 'away from drains or ditches', without dimensions, height, duration, or agreed site-specific locations; (iii) reinstatement quality is not tied to measurable agricultural capability, soil structure or drainage-function restoration; and (iv) decompaction is limited to 'between solar panel rows' and decommissioning access-road footprints — the discrete compacted zone beneath piled or ground-mounted steel foundations and along buried cable routes is not addressed, despite being the most likely location of deep subsoil compaction. These details should be in the CEMP/DPR/ECR or in a pre-commencement topsoil and soil-reinstatement plan, but are not evidenced in the supplied excerpts.
💡 Why this is wrong
The mitigation assumes that loosening only 'between solar panel rows' is enough, but that leaves the ground directly beneath each pile, ground-mounted steel column, and buried cable route permanently compacted. Those discrete locations are exactly where construction loads and trenched backfill create deeper subsoil compaction, so excluding them means the drainage and agricultural function of the land may not recover after the 40-year operational life. This falls short of OPR PN03 condition 5.26, which expects detailed topsoil proposals to be agreed in writing before commencement, and of the EPA EIAR guidance that identifies compaction as a Land & Soils matter. Without prescribed depths, stockpile locations, and pile/cable decompaction, the authority cannot be satisfied the development accords with proper planning and sustainable development of this agricultural land.
⚠️ Specific deficiency
The applicant's Hydrology & Hydrogeology assessment (repeated in docid 379179) states only that 'chisel ploughing will be carried out by the Contractor between solar panel rows', without specifying chisel depth or treating pile/cable locations. The DPR (docid 379158, p.27) confines decompaction to 'areas affected by facility operation or decommissioning traffic (such as access road footprints)', not to pile foundations. The CEMP (docid 379170, pp.70-71) gives only generic assurances that 'temporary storage of soil will be carefully managed' and that material movement will be minimised, with no agreed topsoil stripping depth, stockpile specification, or pre-commencement detailed topsoil plan. These documents therefore leave the future site-reinstatement mechanism unparticularised and unenforceable against OPR PN03 condition 5.26.
⚖️ Risk to address
The Board should require, by condition, a detailed pre-commencement soil management and reinstatement plan specifying topsoil stripping depths, stockpile locations/dimensions/duration, and decompaction of discrete pile, ground-mounted foundation, and cable-trench locations — not just between rows and access roads — to be agreed in writing with the planning authority and the landowner.
📊 Precedent pattern
No directly comparable precedent confirmed in corpus — legal basis stands independently.
📖 Relevant legislation / policy

Detailed assessment

The assessor should assess whether the proposed chisel ploughing mitigation adequately reverses subsoil compaction beneath piled or ground-mounted steel-frame foundations and buried cable routes, or only addresses surface compaction between rows and on access footprints. The CEMP/ECR states that "Chisel ploughing will be carried out by the Contractor between solar panel rows to loosen the soil that will be compacted during construction after the installation of the solar panels", and the decommissioning plan refers to decompaction of access road footprints. Chisel-ploughing depth and treatment of discrete pile locations need to be tied to the actual foundation type and installation method; otherwise reversibility of subsoil structure and drainage function after 40 years is a risk.

📄 Source documents

  • NIS (docid 379227) — p.40Review this page for evidence related to this finding....prone to flooding or will be surrounded by a protective earth bund to prevent inundation; • The Contractor will implement measures for the regular inspection of bunds and emptying of rainwater
  • Other Assessments (docid 379157) — p.7Review this page for evidence related to this finding....development includes approximately 700,000 sqm of solar PV arrays (355,000 sqm of which are ground-mounted), 18 MV stations, and a BESS compound with 56 containerised storage modules. Supporting
  • Other Assessments (docid 379142) — p.11Review this page for evidence related to this finding....g but not limited to make/model, associated or ancillary equipment required for the BESS units to function, safety features, method of suppression (if any), tested fire resistance of enclosure, e

Cases cited

none cited

Policy / guidelines cited

none cited

What to watch for

  • Specified decompaction depth and method around piled foundations and cables
  • Soil bulk density and infiltration acceptance criteria
  • Treatment of subsoil beneath temporary compound and hardstanding areas
  • Whether foundation removal includes below-ground pile extraction or grinding
Post-decommissioning soil reinstatement standard qualitative, no measurable criteriaTier 1MEDIUM RISKThe analysis identifies a lack of measurable soil restoration criteria; this is typically addressed by planning condition under OPR PN03, not a determinative refusal ground.

📋 Evidence brief — what we found

🎯 Key evidence
temporary storage of soil will be carefully managed in such a way as to prevent any potential negative impact on the receiving environment. the material will be stored away from any open excavations. movement of material will be minimised in order to reduce degradation of soil structure and generation of dust.
— Other Assessments (docid 379170), page 71 — Section 6.4 Excavation and Earthworks
🗣️ In plain English
The documents say topsoil will be stored and the ground chisel-ploughed, but they give no measurable targets for topsoil depth, stockpile location, compaction, or what 'restored to farming' must look like [Other Assessments (docid 379170), p.71]. The measures remain qualitative and unverifiable [Other Assessments (docid 379170), p.71]. The verified model condition in OPR Practice Note PN03 — Planning Conditions (October 2022), p.77 requires topsoil to be stripped and stored separately from overburden, with detailed proposals agreed in writing before commencement [OPR Practice Note PN03, 2022].
📖 Legal basis
Best-practice / model condition in OPR Practice Note PN03 — Planning Conditions (October 2022), p.77, states: 'All topsoil shall be stripped and stored separately from overburden. Detailed proposals in this regard shall be submitted to, and agreed in writing with, the planning authority prior to commencement of development. The development shall be carried out in accordance with the agreed details.' Longford County Development Plan 2021–2027, Chapter 16 p.447, contemplates rehabilitation plans detailing 'Quality and condition of topsoil and overburden' and 'Rehabilitation works proposed'; CPO12.104 (p.364) aims to 'Recognise and protect fertile agricultural soils...as an important non-renewable natural resource...'. EPA Guidelines on the Information to be Contained in Environmental Impact Assessment Reports (2022), p.37, list soil topics relevant to assessment, including organic matter, erosion, compaction and sealing.
📂 What's on file
  • Other Assessments (docid 379170) — Construction and Environmental Management Plan (CEMP Ballymahon Solar + BESS), pages 69–72 and 60. Section 6.4 Excavation and Earthworks commits to careful soil management but only in general narrative terms; it does not set a topsoil stripping depth, stockpile volume/location, or measurable post-restoration acceptance criteria.
  • Other Assessments (docid 379158) — Decommissioning and Restoration Plan (DPR Ballymahon Solar + BESS), pages 23–30. Section 3.2.3.1 commits to removing foundation piles/concrete to at least 1 m below original grade and to 'Any removed soil will be restored and graded'; Section 3.3 commits to a 'comprehensive Site Rehabilitation Plan' but does not set measurable soil reinstatement targets.
  • Updated Hydrology & Hydrogeology — page 18, Section 5.2.2/5.2.3. This commits to chisel ploughing between panel rows to loosen soil compacted during construction and to covering/dampening stockpiles, but does not quantify target bulk density, topsoil depth or pile-foundation decompaction.
  • Other Assessments (docid 379149) — ECR Ballymahon Solar Farm, pages 94–95, 103 and 192–193. It refers to restoration/revegetation and to soil protection measures but only qualitatively; the conclusion on p.193 states no significant impacts without demonstrating measurable soil reinstatement standards.
  • Drainage Network Drawings (docid 379220) — shows standard silt fence details at stockpile areas, but no topsoil stripping depth, stockpile volume/location, or post-restoration acceptance criteria.
❌ What's missing
The submitted measures are present but inadequate because they remain qualitative and unverifiable. The CEMP says soil will be 'carefully managed' and the hydrology assessment commits to stripping and storing soils separately in designated stockpiles, but the documents reviewed do not specify a topsoil stripping depth, stockpile volume/location or measurable reinstatement criteria; the DPR commits to removing foundations to 1 m and 'restored and graded' soil, but gives no pre-construction baseline data (topsoil depth, bulk density, organic matter) or post-restoration acceptance thresholds for those parameters, drainage function, or freedom from contaminants/invasive species. Compaction from pile foundations is addressed only indirectly by post-installation chisel ploughing between panel rows; there is no pile-specific decompaction method, target bulk density or sign-off mechanism tied to a restoration condition.
💡 Why this is wrong
The CEMP and DPR create the impression of soil protection but do not give the planning authority or the public any measurable benchmark against which restoration can be assessed. OPR PN03's model condition contemplates that detailed topsoil proposals be agreed in writing before commencement; here the documents offer only generic commitments like 'carefully managed' and 'reduce degradation', with no topsoil-depth figures, no separate topsoil/overburden storage location or volume, and no post-restoration bulk density or organic-matter acceptance tests. Without those, the promise to return active agricultural use is unenforceable, and the Board cannot easily impose a precise restoration condition that can later be validated. This also sits awkwardly with Longford CPO12.104's protection of fertile agricultural soils and the EPA EIA guidelines' expectation that soil assessment address organic matter, erosion, compaction and sealing.
⚠️ Specific deficiency
The applicant's CEMP (docid 379170, p.71) merely says soil storage will be 'carefully managed' and movement 'minimised' but does not name topsoil depth, stockpile volume/location, or restoration metrics. The hydrology assessment only commits to 'chisel ploughing...between solar panel rows' after construction, with no pile-foundation decompaction criteria. The DPR (docid 379158) only says foundations will be removed to a minimum depth of 1 m and 'any removed soil will be restored and graded', without measurable reinstatement standards or sign-off. These documents are therefore not sufficiently precise to meet the topsoil detail expected by the OPR PN03 model topsoil condition (p.77) or the rehabilitation information contemplated by Longford CDP Chapter 16 p.447.
⚖️ Risk to address
Argue that permission should be refused or conditioned so that topsoil stripping depth, separate topsoil/overburden stockpiling, pile-foundation decompaction and quantitative post-restoration acceptance criteria (bulk density, organic matter, drainage function) are submitted to and agreed in writing with the planning authority before commencement, with final land reinstatement tied to an independently verified sign-off.
📊 Precedent pattern
No directly comparable precedent confirmed in corpus — legal basis stands independently.
📖 Relevant legislation / policy

Detailed assessment

The assessor should assess whether the post-decommissioning soil reinstatement standard is sufficiently measurable and enforceable, rather than only qualitative. The Decommissioning and Restoration Plan states "Topsoil will be redistributed to provide substantially similar ground cover to pre-construction conditions, ensuring the return of active agricultural use", and refers to chisel ploughing/subsoiling and seeding with a "quick-growing native species seed mix (e.g., local pasture mix)". Adequacy would be improved by specifying pre-construction baseline soil data and post-restoration acceptance criteria for topsoil depth, bulk density, organic matter, drainage function and freedom from contaminants/invasive species, with a sign-off mechanism tied to the site restoration plan condition.

📄 Source documents

  • Other Assessments (docid 379158) — p.26Review this page for evidence related to this finding....minantly agricultural. • Agricultural Land Restoration: Topsoil will be redistributed to provide substantially similar ground cover to pre-construction conditions, ensuring the return of active
  • Conservation Report — p.97Review this page for evidence related to this finding....ed, an alternative method of evacuating badgers will be to erect electric fencing around the sett (ensuring all entrances are included) with one-way badger-gates installed within the electric fen
  • Other Assessments (docid 379142) — p.11Review this page for evidence related to this finding....resulting report will present an assessment of the design in consideration of industry knowledge, standards and requirements in relation to the risks posed by lithium battery installations. Furt

Cases cited

none cited

Policy / guidelines cited

none cited

What to watch for

  • Quantitative soil restoration acceptance criteria
  • Pre-construction soil baseline and post-restoration comparison
  • Drainage tile repair and field-drainage functional testing
  • Contingency for failed revegetation or compacted/contaminated soil
No Whooper Swan-specific operational management programmeTier 1MEDIUM RISKBeyond construction-phase monitoring and generic post-construction grazing and bird-monitoring recommendations, the sampled application passages show no Whooper Swan-specific operational management programme; a conditionable concern rather than a clear refusal risk.

📋 Evidence brief — what we found

🎯 Key evidence
it is expected that grassland habitats will remain beneath the solar arrays although management (i.e cattle grazing) will be adapted.
— Other Assessments (docid 379156), page 1 (quote verified verbatim)
🗣️ In plain English
The documents show a general intention to keep grazed grassland beneath the arrays, but no Whooper Swan-specific operational management programme was found in the passages reviewed [Other Assessments (docid 379156), p.1].
📂 What's on file
  • Other Assessments (docid 379156) (page 1): “it is expected that grassland habitats will remain beneath the solar arrays although management (i.e cattle grazing) will be adapted.”
💡 Why this is wrong
The passages show a general intention to retain grazed grassland beneath arrays but, beyond construction-phase Ecological Clerk of Works monitoring, no operational-phase species-specific management programme addressing Whooper Swan foraging behaviour, flight safety (e.g. collision/perch risk from infrastructure) or a monitoring regime for semi-improved grassland uptake.
📊 Precedent pattern
Too few to establish a pattern.
📖 Relevant legislation / policy
📚 Precedent cases

Detailed assessment

The passages show a general intention to retain grazed grassland beneath arrays but, beyond construction-phase Ecological Clerk of Works monitoring and the wintering-bird report's generic recommendations (autumn/winter sheep grazing, post-construction bird monitoring), the sampled passages show no Whooper Swan-specific operational management programme addressing foraging behaviour or flight safety (e.g. collision/perch risk from infrastructure).

📄 Source documents

  • Other Assessments (docid 379156) — p.12Review this page for evidence related to this finding....to create openings in the sward to allow seeding of a more diverse grassland mix if required. • Monitoring of NPK levels over time in line with monitoring grassland species diversity to adjust
  • Conservation Report — p.200Review this page for evidence related to this finding....Reccomendations. It is expected that grassland habitats will remain beneath the solar arrays and management (i.e livestock grazing) will be adapted. There will be temporary, short-term loss o
  • Conservation Report — p.201Review this page for evidence related to this finding....vities programmed during this time should be reviewed by the project ecologist and complimented by monitoring for nesting activity so that active nests can be afforded an appropriate exclusion zo

Cases cited

eplanning_LimerickCC_25105

Policy / guidelines cited

none cited

What to watch for

  • The assessor should VERIFY in the Conservation Report / Landscape Mitigation & Biodiversity Plan (CSR Land Planning, DWG 25188-2-100) whether a dedicated Whooper Swan management and monitoring programme (grazing regime, sward height targets, monitoring years) is specified, rather than a general grassland retention commitment.
No reasoned justification for 10-year permission and 40-year lifeTier 1MEDIUM RISKUnexplained extended permission duration is a concern that can be addressed by condition or by requiring a construction programme rather than a refusal ground.

📋 Evidence brief — what we found

🎯 Key evidence
bnrg ballymahon ltd, are applying for a 10 year planning permission with an operational lifespan of 40 years, for development of a solar farm and battery energy storage system in the townlands of cartronbrack, tirlickeen, clogh, corryena, and lismacmurrogh, county longford.
— Other Assessments (docid 379142), page 1 (quote verified verbatim)
📂 What's on file
  • Other Assessments (docid 379142) (page 1): “bnrg ballymahon ltd, are applying for a 10 year planning permission with an operational lifespan of 40 years, for development of a solar farm and battery energy storage system in the townlands of cartronbrack, tirlickeen, clogh, corryena, and lismacmurrogh, county longford.”
💡 Why this is wrong
The applicant seeks a 10 Year Planning Permission with an operational lifespan of 40 years; the sampled passages do not show a construction programme or phasing constraint explaining the 10-year duration, which could be addressed by condition.
📖 Relevant legislation / policy
  • wind energy development guidelines 2006 p.93s28 guideline
    Planning Guidelines — 7.20 Time Limits
    Having regard to the statutory provisions regarding the life of a planning permission, conditions should not require that a development be commenced or finished by a certain date. Conditions that limit the life of a wind energy development to a particular time period have been included in the past in order to enable the planning authority to reass
  • quarries and ancillary activities p.30s28 guideline
    Chapter 4: Assessment of planning applications and Environmental Impact Statements 4.1 Introduction This chapter is intended to assist planning authorities when dealing with applications for quarries, and particularly those applications involving Environmental Impact Statements. 4.2 Pre-application consultations Section 247 of the Planning and Development Act, 2000 makes provision for pre- application consultations with the planning authority and planning authorities should facilitate such consultations. The developer of a proposed quarry should consider at the outset whether the development would be in accordance with the development plan for the area (see Chapter 2, paragraph 3 above). Owners and operators will be aware of the public concern which certain extractive industry developments can give rise to and should therefore take the earliest opportunity to explain their proposals to the planning authority and to ensure that all relevant planning and environmental issues are fully addressed in any subsequent planning application. They should also discuss significant operational issues, such as working hours and likely traffic volumes, at the pre-application stage. Rehabilitation of the site after the end of extraction should also be considered at the design stage. If an Environmental Impact Statement is required to be submitted (see Chapter 4, paragraph 4 below), Section 173 enables a prospective applicant, when preparing an EIS, to request the planning authority to provide a written opinion (“scoping”) on the information to be contained in the EIS. Article 95 of the Planning and Development Regulations, 2001 sets out the procedure for scoping requests. Best practice in EIS preparation includes consultation with all relevant parties, such as statutory consultees and the local community, to ensure that their concerns are identified and addressed in the EIS. The EPA has published advice on the preparation of Environmental Impact Statements (see Appendix B), which is of benefit to both applicants and planning authorities. 4.3 Submitting a planning application If an EIS is not required, the developer should consider whether the following items are relevant to the proposed development and, if so, should ensure that they are adequately documented as part of the planning application. Failure to do so is likely to lead for a request from the planning authority for further information and thus to delay consideration of the application. (Applications for quarries must of course comply with all of the standard planning application requirements in relation to public notices, drawings, etc.). — 4.5 Requirements of section 261 In addition to the above requirements, section 261 of the Act stipulates that a planning application and an EIS will be required for the continued operation of a quarry which has been registered in accordance with this section where:
    (Cited in full above.)
  • Draft Revised Wind Energy Development Guidelines (2019) p.146s28 guideline
    CHAPTER 7 PLANNING CONDITIONS — 7.22 TIME LIMITS
    See wind energy development guidelines 2006, Planning Guidelines, 7.20 Time Limits, cited in full above.
  • OPR Practice Note PN03 — Planning Conditions (October 2022) p.97technical guidance
    10. Solar Farm: — Where an application for solar farm developments seeks a permission of a duration longer than five years, please refer to sheet A for sample conditions.
    (Cited in full above.)
  • OPR Practice Note PN03 — Planning Conditions (October 2022) p.14technical guidance
    3.0 Common Issues — 3.3 Time Limits
    33 Granted by a planning authority under Section 34 of the 2000 Act or An Bord Pleanála under Section 37 of the 2000 Act. 34 Section 40(3) of the 2000 Act. 35 Section 41(1) of the 2000 Act. 36 See summary of Eircell v Bernstoff in Appendix D. The ‘appropriate period’ for a planning permission,33 is normally five years from the date of the g

Detailed assessment

The application documents state the request for a 10-year permission and 40-year operational life as a fact but the sampled passages provide no reasoned justification linking the requested duration to an actual construction programme or phasing constraint that would exceed the standard five-year permission period.

📄 Source documents

  • Other Assessments (docid 379149) — p.37Review this page for evidence related to this finding....mland. These tracks will remain in use and will provide a dedicated surface for vehicles, thereby reducing the potential for impacts associated with vehicle movements and surface runoff. The
  • Other Assessments (docid 379149) — p.103Review this page for evidence related to this finding....reduce soil compaction on the site and promote seed growth; this will increase infiltration rates, reducing runoff rates from the site. Weather conditions will be monitored when planning construc
  • Other Assessments (docid 379156) — p.8Review this page for evidence related to this finding....m these protections. The Convention on the Conservation of European Wildlife and Natural Habitats, commonly known as the Bern Convention, includes Annex II and III, which list strictly protected

Cases cited

none cited

Policy / guidelines cited

none cited

What to watch for

  • The assessor should VERIFY in the Planning Statement (Other Assessments, docid 379163) or CEMP construction programme (Section 3) whether an explicit construction timeline/phasing rationale is given for why 10 years (rather than 5) is required to commence and complete works.
Construction vehicle routes not finalised in applicationTier 1MEDIUM RISKThe assessment identifies deferral of construction vehicle routes to post-permission agreement; ABP typically conditions a detailed CTMP rather than refusing, making this a medium risk.

📋 Evidence brief — what we found

🎯 Key evidence
the final construction vehicle routes will be confirmed and agreed with longford county council prior to the commencement of works.
— Other Assessments (docid 379170), page 49 (quote verified verbatim)
📂 What's on file
  • Other Assessments (docid 379170) (page 49): “the final construction vehicle routes will be confirmed and agreed with longford county council prior to the commencement of works.”
💡 Why this is wrong
The CEMP defers final confirmation of the construction vehicle routes to post-permission agreement with the planning authority. This deferred approach is a common basis for An Coimisiún to require submission of a detailed Construction Traffic Management Plan by condition rather than accept the access rationale as settled at application stage.
📖 Relevant legislation / policy
  • Draft Revised Wind Energy Development Guidelines (2019) p.56s28 guideline
    CHAPTER 4 SUBMITTING A PLANNING APPLICATION FOR WIND ENERGY DEVELOPMENT — 4.11 CONSTRUCTION AND ENVIRONMENTAL MANAGEMENT PLAN
    (Cited in full above.)
  • quarries and ancillary activities p.16s28 guideline
    Chapter 3: Environmental implications 3.1 Overview of environmental issues associated with quarries There is a wide range of potential environmental effects caused by quarries which planning authorities need to consider when dealing with proposals for new development, or for significant expansion of existing extractive industries. Such impacts may arise during the development stage (e.g. earth stripping operations) or may endure throughout the life of the quarry, possibly over several decades. The impact can be permanent, even after closure and decommissioning, unless carefully planned rehabilitation is undertaken. Ancillary developments, such as concrete manufacturing, also may have significant impacts which need to be addressed at the outset, so that the cumulative effects from the site might be assessed. It is recommended that planning authorities should familiarise themselves with evolving best environmental management practice as set out in Environmental Protection Agency (EPA) guidelines “Environmental Management in the Extractive Industry: Non-Scheduled Minerals”(see Appendix B for details). The Irish Concrete Federation (ICF) has drawn up an Environmental Code for the aggregate and concrete product industries, to promote member awareness of, and commitment to, good environmental principles (see Appendix B). The principal environmental impacts which tend to occur, and relevant possible mitigation measures, are set out below. (See Appendix A for a glossary of technical terms used in this and following chapters). 3.2 Noise and vibration Extractive industries are associated with many noise-generating activities – removal of topsoil and overburden, excavation with machinery, drilling and blasting of rock, crushing and screening of aggregates, transport of raw materials and finished products within the site and on public roads, etc. Blasting (which occurs at quarries, but not in sand and gravel pits) can give rise to vibration, audible noise, flyrock and dust. The levels of vibration caused by blasting are well below those which can cause structural damage to properties. Nonetheless, vibration transmitted through the ground and pressure waves through the air (“air overpressure”) can shake buildings and people and may cause nuisance. Audible noise accompanies overpressure. Noise can cause annoyance, nuisance, sleep disturbance and can also affect wildlife. Residential properties, schools, hospitals, nursing homes, churches, etc. are also noise-sensitive receptors. Best practice/possible mitigation measures: The nearer a site to noise-sensitive properties or areas, the more stringent should be the controls on noise emissions. There are several methods of noise control:
    (Cited in full above.)
  • Climate Action Plan 2024 — Annex of Actions p.19national policy
    JM │Just Transition Implementation Plan for the Midlands Region — DECC, EMRA, DTCAGSM
    19 Climate Action Plan 2024 Annex of Actions JM/24/7 Support decarbonisation of public local bus routes Identification of new electric charging infrastructure in key location(s) in the Territory for the provision of new electric buses Assessment of potential routes, buses and charging locations to determine the optimal arrangement for decarboni
  • TII/DMRB: Assessment of Road Bridges & Structures for Abnormal Load Vehicles (AM-STR-06048) p.36technical guidance
    ANNEX B BASIS OF SV AND SOV LOAD MODELS FOR ASSESSMENT
    See TII/DMRB: Assessment of Road Bridges & Structures for Abnormal Load Vehicles (AM-STR-06048), ANNEX B BASIS OF SV AND SOV LOAD MODELS FOR ASSESSMENT, cited in full above.
  • OPR Practice Note PN03 — Planning Conditions (October 2022) p.34technical guidance
    In the interest of proper planning and sustainable development. 
    See OPR Practice Note PN03 — Planning Conditions (October 2022), In the interest of proper planning and sustainable development. , cited in full above.

Detailed assessment

The CEMP defers final confirmation of the construction vehicle routes to post-permission agreement with the planning authority. This deferred approach is a common basis for An Coimisiún to require submission of a detailed Construction Traffic Management Plan by condition rather than accept the access rationale as settled at application stage.

📄 Source documents

  • Other Assessments — p.10Review this page for evidence related to this finding....al and cultural heritage constraints and mitigation measures within the Construction Environmental Management Plan (CEMP) and the Decommissioning and Restoration Plan. A Method Statement for a
  • Other Assessments (docid 379142) — p.14Review this page for evidence related to this finding....ing the possibility of placing the cable route on lands rather than the public road resulted in an agreement that we would work with the local authority to ensure that no obstructions would take
  • Other Assessments (docid 379204) — p.18Review this page for evidence related to this finding....d within a Construction Environmental Management Plan (CEMP). A log sheet should be used to record confirmation from all contractors that they have received the relevant information regarding ott

Cases cited

none cited

Policy / guidelines cited

none cited

What to watch for

  • The assessor should VERIFY in the Traffic/Transport assessment (Other Assessments, docid 379173) whether a reasoned comparison of access route alternatives and consistency with any prior planning history for the site/road network is presented, beyond the general commitment to agree routes with the Council pre-commencement.
Final HGV delivery numbers deferred to later dateTier 1MEDIUM RISKConstruction traffic figures are provisional, a traffic-management concern that ABP typically resolves via conditions rather than as a standalone refusal ground.

📋 Evidence brief — what we found

🎯 Key evidence
the number of vehicles per day is not yet known; however, an estimation for the number of deliveries is
— Other Assessments (docid 379149), page 1 (quote verified verbatim)
📂 What's on file
  • Other Assessments (docid 379149) (page 1): “the number of vehicles per day is not yet known; however, an estimation for the number of deliveries is”
💡 Why this is wrong
The CEMP/CTMP provides monthly HGV delivery estimates (ranging from 72 to 122 HGVs per month, averaging 4-7 per day) but explicitly states the final number of deliveries will only be defined at a later project stage and calculated before works commence, which is a deferral rather than a reconciled, fixed figure.
📊 Precedent pattern
2 refusal on a related ground (eplanning_GalwayCC_2361008); the other cases listed were refused on other grounds. Too few to establish a pattern.
📖 Relevant legislation / policy
  • quarries and ancillary activities p.16s28 guideline
    Chapter 3: Environmental implications 3.1 Overview of environmental issues associated with quarries There is a wide range of potential environmental effects caused by quarries which planning authorities need to consider when dealing with proposals for new development, or for significant expansion of existing extractive industries. Such impacts may arise during the development stage (e.g. earth stripping operations) or may endure throughout the life of the quarry, possibly over several decades. The impact can be permanent, even after closure and decommissioning, unless carefully planned rehabilitation is undertaken. Ancillary developments, such as concrete manufacturing, also may have significant impacts which need to be addressed at the outset, so that the cumulative effects from the site might be assessed. It is recommended that planning authorities should familiarise themselves with evolving best environmental management practice as set out in Environmental Protection Agency (EPA) guidelines “Environmental Management in the Extractive Industry: Non-Scheduled Minerals”(see Appendix B for details). The Irish Concrete Federation (ICF) has drawn up an Environmental Code for the aggregate and concrete product industries, to promote member awareness of, and commitment to, good environmental principles (see Appendix B). The principal environmental impacts which tend to occur, and relevant possible mitigation measures, are set out below. (See Appendix A for a glossary of technical terms used in this and following chapters). 3.2 Noise and vibration Extractive industries are associated with many noise-generating activities – removal of topsoil and overburden, excavation with machinery, drilling and blasting of rock, crushing and screening of aggregates, transport of raw materials and finished products within the site and on public roads, etc. Blasting (which occurs at quarries, but not in sand and gravel pits) can give rise to vibration, audible noise, flyrock and dust. The levels of vibration caused by blasting are well below those which can cause structural damage to properties. Nonetheless, vibration transmitted through the ground and pressure waves through the air (“air overpressure”) can shake buildings and people and may cause nuisance. Audible noise accompanies overpressure. Noise can cause annoyance, nuisance, sleep disturbance and can also affect wildlife. Residential properties, schools, hospitals, nursing homes, churches, etc. are also noise-sensitive receptors. Best practice/possible mitigation measures: The nearer a site to noise-sensitive properties or areas, the more stringent should be the controls on noise emissions. There are several methods of noise control:
    (Cited in full above.)
  • Draft Revised Wind Energy Development Guidelines (2019) p.56s28 guideline
    CHAPTER 4 SUBMITTING A PLANNING APPLICATION FOR WIND ENERGY DEVELOPMENT — 4.11 CONSTRUCTION AND ENVIRONMENTAL MANAGEMENT PLAN
    (Cited in full above.)
  • TII/DMRB: Assessment of Road Bridges & Structures for Abnormal Load Vehicles (AM-STR-06048) p.22technical guidance
    3. LOADING — 3.14.3 For loaded lengths of up to 50m, associated Type HA loading (representing C&U vehicle loading) (3.19 - 3.31) shall be applied. For loaded lengths in excess of 50m, advice shall be sought from the National Road Authority.
    The travelling speed of SV or SOV load models may be different from that of the associated C&U vehicles. However, if a convoy of vehicles is assumed for the associated C&U vehicles, SV or SOV load models should only be considered at the 'low' speed case.
  • TII/DMRB: Assessment of Road Bridges & Structures for Abnormal Load Vehicles (AM-STR-06048) p.36technical guidance
    ANNEX B BASIS OF SV AND SOV LOAD MODELS FOR ASSESSMENT
    ilers (SPMT) are seen to move over very short distances typically within a factory or construction yard to carry very large and prefabricated structures. They have quite unique configurations and it would be difficult to standardise these. Hence SPMT vehicles were excluded from the development of standard models. Structures would need to be designe
  • OPR Practice Note PN03 — Planning Conditions (October 2022) p.56technical guidance
    This condition will not be relevant where a satisfactory level of detail has already been provided within the application documentation; in such cases the relevant standard condition in sheet A will suffice. Loading Bays G.7 Provision shall be made for [XX] loading bays within the [site/ development]. Details of this provision, including swept man
📚 Precedent cases

Detailed assessment

The CEMP/CTMP provides monthly HGV delivery estimates (ranging from 72 to 122 HGVs per month, averaging 4-7 per day) but explicitly states the final number of deliveries will only be defined at a later project stage and calculated before works commence, which is a deferral rather than a reconciled, fixed figure.

📄 Source documents

  • Other Assessments (docid 379170) — p.39Review this page for evidence related to this finding....el, contractors, and supervisory staff accessing the site daily. • Heavy Goods Vehicles (HGVs) — Deliveries of materials, equipment, and key components required for both the PV installation and
  • NIS (docid 379227) — p.10Review this page for evidence related to this finding.Ballymahon Solar Farm Appropriate Assessment Screening and Natura Impact Statement 9 784-B071661 GP-TEM-006-02 1.1 BACKGROUND Tetra Tech Limited (Tetra Tech) was commissioned by BNRG Bal
  • Other Assessments — p.35Review this page for evidence related to this finding....ined within the following reports submitted as part of the planning application: • Fire Safety Statement – Section 2.1 Project Description • BESS Report – Section 2 Project Description • G

Cases cited

eplanning_KerryCC_201284, eplanning_GalwayCC_2361008

Policy / guidelines cited

none cited

What to watch for

  • The assessor should VERIFY in the Construction Traffic Management Plan (docid 379173) and the Planning Statement whether the total and maximum daily HGV delivery figures are stated consistently, given the CEMP defers final confirmation of delivery numbers to a later project stage.
R397/L5527 road suitability only preliminary not confirmedTier 1MEDIUM RISKThe unresolved pavement inspection is typically addressed by pre-commencement condition rather than a determinative refusal ground.

📋 Evidence brief — what we found

🎯 Key evidence
the inspection confirmed the suitability of the reviewed roads as a potential delivery route, subject to a detailed pavement inspection to be undertaken once the final route has been agreed with longford county council.
— Other Assessments (docid 379173), page 1 (quote verified verbatim)
🗣️ In plain English
The inspection confirmed the reviewed roads are suitable as a potential delivery route, subject to a detailed pavement inspection once the applicant agrees the final route with Longford County Council [Other Assessments, docid 379173, page 1].
📂 What's on file
  • Other Assessments (docid 379173) (page 1): “the inspection confirmed the suitability of the reviewed roads as a potential delivery route, subject to a detailed pavement inspection to be undertaken once the final route has been agreed with longford county council.”
💡 Why this is wrong
The Site Access Report provides a preliminary suitability assessment of the local road network (R397/L5527) based on a July 2025 site inspection, but expressly defers the detailed pavement inspection and final route confirmation until the final route is agreed with Longford County Council. This leaves the adequacy of the local road network for construction traffic unresolved at decision stage.
📊 Precedent pattern
2 refusal on a related ground (eplanning_GalwayCC_2361008); the other cases listed were refused on other grounds. Too few to establish a pattern.
📖 Relevant legislation / policy
  • Longford County Development Plan 2021-2027 p.143dev plan
    CHAPTER 5: TRANSPORT, INFRASTRUCTURE, ENERGY & COMMUNICATIONS
    137 • LP – 1025 - From Gaigue 4 roads to Gaigue Bridge (at School) - This policy shall not preclude the creation of new accesses or the widening or intensification of existing accesses along these roads, but such developments shall be subject to assessment in accordance with the relevant technical criteria. - The feasibility of any improvements wi
  • wind energy development guidelines 2006 p.79s28 guideline
    73
    (Cited in full above.)
  • Spatial Planning and National Roads Guidelines for Planning Authorities (2012) p.19s28 guideline
    2 — 2.6 Exceptional Circumstances Notwithstanding the provisions of Section 2.5 above, planning authorities may identify stretches of national roads where a less restrictive approach may be applied, but only as part of the process of reviewing or varying the relevant development plan and having consulted and taken on board the advice of the NRA and having followed the approach outlined below.
    ns of national secondary routes. Such areas would be confined to lightly trafficked national secondary roads serving structurally weak and remote communities where a balance needs to be struck between the important transport functions of such roads and supporting the social and economic development of these areas. In such areas, policies in develop
📚 Precedent cases

Detailed assessment

The Site Access Report provides a preliminary suitability assessment of the local road network (R397/L5527) based on a July 2025 site inspection, but expressly defers the detailed pavement inspection and final route confirmation until the final route is agreed with Longford County Council. This leaves the adequacy of the local road network for construction traffic unresolved at decision stage.

📄 Source documents

  • Other Assessments (docid 379142) — p.13Review this page for evidence related to this finding....the issue of setback can be assessed further and agreed during the Application process, once site inspection has taken place. The Junctions are at grade and we have addressed the level differenc
  • Other Assessments (docid 379170) — p.42Review this page for evidence related to this finding....ollows: • M50 • N4 / M4 • M6 / N6 • N55 RECEIVED: 14/11/2025 Longford County Council - Inspection Purposes Only
  • Other Assessments (docid 379170) — p.45Review this page for evidence related to this finding....e commencement of any on-site construction works. RECEIVED: 14/11/2025 Longford County Council - Inspection Purposes Only

Cases cited

eplanning_GalwayCC_2361008, eplanning_KerryCC_201284

Policy / guidelines cited

none cited

What to watch for

  • The assessor should VERIFY in the Traffic Management Plan & Site Access Report whether any quantitative pavement condition survey (bearing capacity, carriageway width measurements) was undertaken for the L5527, rather than only the qualitative photographic inspection described.
Pre-construction route inspection partially meets condition surveyTier 1MEDIUM RISKThe application evidences a baseline road condition survey but the passages reviewed do not show commitments for bridge/culvert or adjacent property surveys, a gap ABP typically conditions rather than refuses.

📋 Evidence brief — what we found

🎯 Key evidence
photographs taken during the inspection on 11 july 2025 are presented below.
— Other Assessments (docid 379173), page 37 (quote verified verbatim)
📂 What's on file
  • Other Assessments (docid 379173) (page 37): “photographs taken during the inspection on 11 july 2025 are presented below.”
💡 Why this is wrong
A pre-construction photographic inspection of the R397 and L5527 delivery route (pavement condition, carriageway widths, roadside features) is evidenced, satisfying part of the condition survey requirement, but the passages do not show coverage of bridges/culverts or adjacent-property condition surveys and repair procedures (the OTMP does list pre- and post-construction pavement condition surveys among its traffic management measures). A detailed pavement inspection is also stated to be conducted only once the final route is agreed, indicating the baseline record is preliminary.
📊 Precedent pattern
2 refusal on a related ground (eplanning_GalwayCC_2361008); the other cases listed were refused on other grounds. Too few to establish a pattern.
📖 Relevant legislation / policy
  • Longford County Development Plan 2021-2027 p.396dev plan
    CHAPTER 14: LANDSCAPE CHARCTER
    See Longford County Development Plan 2021-2027, CHAPTER 14: LANDSCAPE CHARCTER, cited in full above.
  • Longford County Development Plan 2021-2027 p.145dev plan
    CHAPTER 5: TRANSPORT, INFRASTRUCTURE, ENERGY & COMMUNICATIONS
    139 R393 Road Improvement – Longford to Ballinacarrow Bridge (Agharra) via Carrickboy R395 Road Improvement – Edgeworthstown to Balloo R396 Road Improvement – Rathcronan to Camagh R397 Road Improvement – Cartrongeeragh to Tirlickeen R398 Road Improvement – Derraghan to Brickeens R399 Road Improvement – Ratharney to Kilcurry Development of Granard
  • SNH Visual Representation of Wind Farms (Version 2.2, February 2017) p.50technical guidance
    Version 2.2 February 2017 — 6 Repowering
    See SNH Visual Representation of Wind Farms (Version 2.2, February 2017), Version 2.2 February 2017, 6 Repowering, cited in full above.
  • SNH Visual Representation of Wind Farms (Version 2.2, February 2017) p.39technical guidance
    Version 2.2 February 2017 — Optional visualisation techniques
    Viewpoint pack 189 In some cases the planning authority may find the provision of a viewpoint pack helpful. These should be provided on thicker A3 paper for durability and ease of use in the field. Images contained within the pack should be loose leaf and should have a detailed location map printed on the reverse side to make it easier for users t
📚 Precedent cases

Detailed assessment

A pre-construction photographic inspection of the R397 and L5527 delivery route (pavement condition, carriageway widths, roadside features) is evidenced, satisfying part of the condition survey requirement, but the passages do not show coverage of bridges/culverts or adjacent-property condition surveys and repair procedures (the OTMP does list pre- and post-construction pavement condition surveys among its traffic management measures). A detailed pavement inspection is also stated to be conducted only once the final route is agreed, indicating the baseline record is preliminary.

📄 Source documents

  • Other Assessments (docid 379142) — p.13Review this page for evidence related to this finding....the issue of setback can be assessed further and agreed during the Application process, once site inspection has taken place. The Junctions are at grade and we have addressed the level differenc
  • Other Assessments (docid 379155) — p.12Review this page for evidence related to this finding.Ballymahon Solar Farm and BESS Bats - Preliminary Roost Assessment 5 784-B071661 GP-TEM-006-02 2.0 METHODOLOGY 2.1 PREVIOUS REPORTS The following reports were reviewed to inform survey desig
  • Other Assessments (docid 379173) — p.37Review this page for evidence related to this finding....An initial inspection of the R392, R397, and L5527 was undertaken on 11 July 2025 as part of the preliminary studies for the proposed solar farm. The inspection route extended from Ballymahon to

Cases cited

eplanning_KerryCC_201284, eplanning_GalwayCC_2361008

Policy / guidelines cited

none cited

What to watch for

  • The assessor should VERIFY in the Traffic Management Plan & Site Access Report and CEMP whether a committed pre- and post-construction condition survey protocol (including bridges, culverts and adjacent properties, with video records and damage repair) is specified, beyond the single pre-application photographic inspection described.
River Inny WFD 'At Risk': no explicit non-prevention statement identifiedTier 1MEDIUM RISKNo explicit WFD objective compliance statement was identified in the passages reviewed; this is a curable evidential gap; ABP typically flags or conditions such matters rather than refusing solely on them.

📋 Evidence brief — what we found

🎯 Key evidence
the water quality status recorded at the stations varies from 'moderate' to 'good'.
— Other Assessments (docid 379149), page 1 (quote verified verbatim)
🗣️ In plain English
Automated assessment flagged water-quality concern [379149]; station water quality 'moderate'–'good'; verified law/policy basis supports it; see detailed assessment.
📂 What's on file
  • Other Assessments (docid 379149) (page 1): “the water quality status recorded at the stations varies from 'moderate' to 'good'.”
💡 Why this is wrong
The hydrology report presents EPA Q-value water quality classifications for downstream monitoring stations (ranging Moderate to Good) and records the Inny sub-basins at 'Moderate' WFD status, with INNY_100 'At Risk' and INNY_110 and LEDWITHSTOWN_010 risk status under 'Review', but the passages do not contain an explicit statement that the development will not prevent the water body achieving Good Ecological Status by the relevant RBMP cycle date. This is a descriptive baseline account rather than a reasoned demonstration of non-prevention of WFD objectives.
📊 Precedent pattern
No directly comparable precedent confirmed in corpus — legal basis stands independently.
📖 Relevant legislation / policy
  • Longford County Development Plan 2021-2027 p.358dev plan
    CHAPTER 12: NATURAL HERITAGE & ENVIRONMENT
    353 26F_10 Inny_110 River Review Unassigned 2027 Subcatchment 26E South & West 26E_1 Derrymaccar Lake Review Unassigned 2027 26E_1 Ree Lake At Risk Moderate 2027 26E_1 Drumnee_010 River Review Unassigned 2027 The EPA published a ‘Water Quality in Ireland 2013-2018’ assessment which provides an evaluation of the ecological health of Ireland’s river
  • Longford County Development Plan 2021-2027 p.383dev plan
    CHAPTER 14: LANDSCAPE CHARCTER
    ng the shores of the lake, islands, the riverbanks, and in the vicinity of the Aquifer. Unit 4 – Central Corridor Sensitivity of the landscapes in this unit are generally LOW. Potential areas of MEDIUM to HIGH sensitivity exist in the vicinity of protected woodlands, riverbanks and in the vicinity of the Aquifer. Unit 5 – Inny Basin
  • Draft Revised Wind Energy Development Guidelines (2019) p.57s28 guideline
    CHAPTER 4 SUBMITTING A PLANNING APPLICATION FOR WIND ENERGY DEVELOPMENT — 4.11 CONSTRUCTION AND ENVIRONMENTAL MANAGEMENT PLAN
    (Cited in full above.)

Detailed assessment

The hydrology report presents EPA Q-value water quality classifications for downstream monitoring stations (ranging Moderate to Good) and records the Inny sub-basins at 'Moderate' WFD status, with INNY_100 'At Risk' and INNY_110 and LEDWITHSTOWN_010 risk status under 'Review', but the passages do not contain an explicit statement that the development will not prevent the water body achieving Good Ecological Status by the relevant RBMP cycle date. This is a descriptive baseline account rather than a reasoned demonstration of non-prevention of WFD objectives.

📄 Source documents

  • Other Assessments (docid 379149) — p.101Review this page for evidence related to this finding....am of the proposed development via the River Inny and its tributaries. There are four EPA water monitoring stations, which have Q ratings from 1992 to 2023, located downstream of the proposed
  • Other Assessments (docid 379174) — p.39Review this page for evidence related to this finding....drain to Lough Ree, which is approximately 5 km southwest of the site. There are four EPA water monitoring stations, which have Q ratings from 1992 to 2023, located downstream of the proposed
  • Other Assessments (docid 379179) — p.21Review this page for evidence related to this finding....ical river water quality classification is based on macroinvertebrate biological sampling at water monitoring stations. The values and their interpretation are shown in Table 3-1. Table 3-1: Q v

Cases cited

none cited

Policy / guidelines cited

none cited

What to watch for

  • The assessor should VERIFY in the Hydrology and Hydrogeology Assessment (docid 379179) or NIS whether a specific WFD compliance conclusion is drawn linking the development to the relevant river and lake Good Ecological Status target dates.
Delivery route only potential option not agreedTier 1MEDIUM RISKThe application leaves delivery route, entrance layout, swept path and vehicle numbers for later agreement, a concern ABP typically conditions rather than refuses outright.

📋 Evidence brief — what we found

🎯 Key evidence
the delivery route presented in this report represents a potential option and is not
— Other Assessments (docid 379170), page 42 (quote verified verbatim)
📂 What's on file
  • Other Assessments (docid 379170) (page 42): “the delivery route presented in this report represents a potential option and is not”
💡 Why this is wrong
The Traffic Management Plan says the Dublin Port to Ballymahon delivery route is only a potential option, to be agreed with Longford County Council before construction. The swept path analysis is described as 'initial', and the EIAR traffic chapter admits the number of vehicles per day is not yet known (an estimate is given). The EIAR traffic chapter relies on the same Traffic Management Plan for its delivery estimate. The final design, dimensions and configuration of both site entrances are likewise left to agreement between the Council and the appointed contractor. An inspector would therefore have no fixed route, entrance layout or confirmed daily vehicle number against which to judge safety and capacity on the R397 and L5527.
📊 Precedent pattern
2 refusal on a related ground (eplanning_GalwayCC_2361008); the other cases listed were refused on other grounds. Too few to establish a pattern.
📖 Relevant legislation / policy
  • Longford County Development Plan 2021-2027 p.143dev plan
    CHAPTER 5: TRANSPORT, INFRASTRUCTURE, ENERGY & COMMUNICATIONS
    (Cited in full above.)
  • National Planning Framework — Ireland 2040 p.39national policy
    The Eastern and Midland part of Ireland will, by 2040, be a Region of around 2.85 million people, at least half a million more than today. — Key future planning and development and place-making policy priorities for the Eastern and Midland Region include:
    Improving access to Dublin Airport, to include improved public transport access, connections from the road network from the west and north and in the longer term, consideration of heavy rail access to facilitate direct services from the national rail network in the context of potential future electrification; Facilitating the growth of Dublin Port
  • framework for co operation spatial strategies of northern ireland and the republic of ireland p.12s28 guideline
    Diagram No. 1 — • promote a more broadly based rural economy and strong rural communities.
    Framework for Co-operation 14 Monaghan Carndonagh Dundalk Letterkenny Sligo Buncrana Castleblayney Cootehill Bailieborough Clones Ballybofey Donegal Ballyshannon Bundoran Cavan Carrick-on-Shannon Boyle to Galway to Dublin Lifford Drogheda to Dublin to Mullingar, Tullamore and Athlone Ardee Carrickmacross 0 35km Approx. Sca
  • OPR Practice Note PN02 — Environmental Impact Assessment Screening (June 2021) p.52technical guidance
    Form 3 — B. Examination:
    See OPR Practice Note PN02 — Environmental Impact Assessment Screening (June 2021), Form 3, B. Examination:, cited in full above.
📚 Precedent cases

Detailed assessment

The Traffic Management Plan says the Dublin Port to Ballymahon delivery route is only a potential option, to be agreed with Longford County Council before construction. The final design, dimensions and configuration of both site entrances are likewise left to agreement between the Council and the appointed contractor. The swept path analysis is described as 'initial', and the EIAR traffic chapter admits the number of vehicles per day is not yet known (an estimate is given, with the final number of deliveries to be calculated before work starts). The EIAR traffic chapter relies on the same Traffic Management Plan for its delivery estimate. An inspector would therefore have no fixed route, entrance layout or confirmed daily vehicle number against which to judge safety and capacity on the R397 and L5527.

📄 Source documents

  • Other Assessments (docid 379170) — p.40Review this page for evidence related to this finding....efore, the impact on the local road network during construction is expected to be minimal. Traffic management measures to address temporary construction traffic impacts are outlined in the follow
  • Conservation Report — p.125Review this page for evidence related to this finding....n Trust BESS Battery Energy Storage System CIEEM Chartered Institute of Ecology & Environmental Management ECoW Ecological Clerk of Works FAR Further Assessment Required GLTA Ground L
  • Other Assessments (docid 379142) — p.13Review this page for evidence related to this finding....esirable slope of 1 in 5. 23.c Pre Works and Post Works surveys to be included within an agreed management plan for the development site – Any identified damage deterioration to be made good at

Cases cited

eplanning_KerryCC_201284, eplanning_GalwayCC_2361008

Policy / guidelines cited

none cited

What to watch for

  • Road safety and traffic effects cannot be assessed against a route and entrance design that the applicant says are not yet settled. Leaving them to post-consent agreement hands the Council decisions that the application itself has not tested.
Topsoil stripping depth and separate stockpiling details missingTier 1MEDIUM RISKAnalysis identifies missing site-specific soil management details; the OPR sample condition suggests conditioning rather than refusal, with no comparable refusal precedent.

📋 Evidence brief — what we found

🎯 Key evidence
temporary storage of soil will be carefully managed in such a way as to prevent any potential negative impact on the receiving environment. the material will be stored away from any open excavations. movement of material will be minimised in order to reduce degradation of soil structure and generation of dust.
— Other Assessments (docid 379170), page 71 — Section 6.4 Excavation and Earthworks
🗣️ In plain English
OPR Practice Note PN03 — Planning Conditions (October 2022), p.77, sample condition 5.26 requires all topsoil to be stripped and stored separately from overburden, with detailed proposals agreed in writing with the planning authority before commencement [OPR PN03]. In practice, those details must be settled in writing before works start. The applicant commits to careful management of temporary soil storage, kept away from open excavations and moved as little as possible [docid 379170, p.71].
📖 Legal basis
More specifically, the OPR Practice Note PN03 — Planning Conditions (October 2022), p.77, contains sample condition 5.26: 'All topsoil shall be stripped and stored separately from overburden. Detailed proposals in this regard shall be submitted to, and agreed in writing with, the planning authority prior to commencement of development.' Longford County Development Plan 2021–2027, Chapter 16 Development Management Standards, p.447, requires development proposals to be accompanied by plans and section drawings detailing, among other matters, 'Quality and condition of topsoil and overburden' and 'Rehabilitation works proposed'.
📂 What's on file
  • CEMP Ballymahon Solar + BESS, in Other Assessments (docid 379170, pp. 69–71) — Section 6.4 Excavation and Earthworks commits to following the Hydrogeology and Geological Assessment Report but then gives generic principles: temporary soil storage 'carefully managed', material stored away from open excavations, movement minimised. It does not specify a topsoil stripping depth or separate topsoil/overburden handling.
  • ECR Ballymahon Solar Farm, in Other Assessments (docid 379149, p. 103) — repeats the same generic soil storage wording and says chisel ploughing will be carried out between panel rows after panel installation to reduce compaction, but gives no pre-construction soil handling detail.
  • Hydrology and Hydrogeology assessment, in Other Assessments (docid 379179, pp. 18–19) — Section 5.2.2 and 5.2.3 contains stockpile, silt fence and sediment controls, but no topsoil stripping depth, topsoil/overburden separation, or soil-type-specific storage locations.
  • EIA Screening Report, in Other Assessments (docid 379174, p. 46) — concludes that residual construction sediment/runoff impact is 'negative, imperceptible, and short term' based on 'appropriate earthworks handling protocol during construction', but the protocol is not defined.
  • Decommissioning and Restoration Plan, in Other Assessments (docid 379158, pp. 26–27) — says topsoil will be redistributed to provide substantially similar ground cover and access road footprints will be decompacted, but does not address construction-phase preservation of topsoil or compaction around pile/concrete footings.
  • Drainage Network Drawings (docid 379220) — show a typical silt fence detail at stockpile areas, with no topsoil/overburden segregation, stripping depth, or storage specification.
❌ What's missing
The soil-management material is present but inadequate. Not evidenced in the supplied excerpts are: a numeric topsoil stripping depth; separate topsoil/overburden stockpiling for the different site soils (till over Carboniferous sandstones/cherts, the narrow raised peat strip, and the esker ridge in Parcel 1); stockpile locations, volumes, heights, slopes or duration; topsoil reinstatement quality or depth criteria; and compaction management specifically at pile/concrete foundation locations beyond generic post-installation chisel ploughing. There is also no pre- and post-construction soil-quality testing or compaction verification.
💡 Why this is wrong
The CEMP and supporting assessments do not meet that standard: phrases like 'carefully managed' and 'suitable distance' are not measurable, auditable or enforceable, and no numeric stripping depth or soil-horizon protocol is tied to the site's different soils. Without those controls, topsoil is at risk of being mixed with subsoil, overburden or peat, reducing the land's agricultural and hydrological recovery. The only post-construction soil recovery measure identified is chisel ploughing after panel installation, but that is not a substitute for managing compaction caused by foundation piling, construction vehicle routes and stockpile areas; no compaction testing or depth-specific decompaction is proposed. Longford County Development Plan Chapter 16 p.447 requires plans and section drawings showing topsoil/overburden quality and rehabilitation, and the supplied excerpts do not evidence those details. This leaves the final land reinstatement and nearby watercourses at avoidable risk.
⚠️ Specific deficiency
The applicant repeated generic soil-management wording across the CEMP, ECR and Hydrology assessment instead of providing a site-specific soil management plan. In docid 379170, page 71, Section 6.4, the CEMP lists only generic principles and does not mention topsoil stripping depth, topsoil/overburden segregation, or storage locations. In docid 379174, page 46, the EIA Screening Report concludes a residual impact of 'negative, imperceptible, and short term' by relying on an undefined 'appropriate earthworks handling protocol'. In docid 379179, page 18, the Hydrology assessment says a 'suitable distance of topsoil piles from drainage ditches/sewerage systems will be maintained' but gives no minimum for topsoil stockpiles; it gives 10m for the compound and 30m for refuelling only. The Decommissioning and Restoration Plan, docid 379158, pages 26–27, says topsoil will be redistributed and access road footprints decompacted, but it does not specify how topsoil will be preserved during construction or how compaction at pile/concrete foundations will be addressed.
⚖️ Risk to address
Argue that the CEMP/ECR soil and earthworks measures are inadequate and unenforceable because they do not provide for topsoil stripping depth, separate topsoil/overburden storage, storage locations, reinstatement quality, or compaction management at foundation piles, contrary to the proper planning and sustainable development of the area; request a pre-commencement condition requiring a site-specific Soil and Earthworks Management Plan to be submitted to and agreed in writing with the planning authority.
📊 Precedent pattern
No directly comparable precedent confirmed in corpus — legal basis stands independently.
📖 Relevant legislation / policy

Detailed assessment

The assessor should assess whether the CEMP/ECR soil and earthworks measures specify an auditable topsoil stripping depth and separate topsoil/overburden segregation for the varied site soils — till over Carboniferous sandstones/cherts, the narrow raised peat strip and the esker ridge in Parcel 1. The quoted mitigation that "Temporary storage of soil will be carefully managed to prevent any potential negative effects on the receiving hydrological environment" and that material will be stored away from drains is generic; its adequacy depends on whether a numeric stripping depth and soil-horizon handling protocol is tied to each soil type. This is benchmarked against the OPR sample condition that "All topsoil shall be stripped and stored separately from overburden" with details agreed before commencement.

📄 Source documents

  • Other Assessments (docid 379142) — p.12Review this page for evidence related to this finding....d you wish to discuss. Kind Regards Damian Mullarkey BEng, BEng (Hons), MSc, MIEI, MIAAI 22. Environment Officer Comments – report attached to this letter. Main conclusions and comments ide
  • Other Assessments (docid 379149) — p.102Review this page for evidence related to this finding....no mitigation measures will be required. 6.7.1 Construction phase A preliminary Construction Environmental Management Plan (CEMP) has been prepared for the proposed development and will be p
  • Other Assessments (docid 379155) — p.10Review this page for evidence related to this finding....h with over 12 years’ experience, and a background in terrestrial, freshwater, marine ecology, and environmental management. She has a varied experience base, ranging from bat roost potential ass

Cases cited

none cited

Policy / guidelines cited

none cited

What to watch for

  • Specified stripping depth for till, peat strip and esker/ridge soils
  • Separate stockpiling of topsoil versus subsoil/overburden
  • Pre-commencement written agreement of detailed soil handling proposals
  • Soil-horizon handling protocol tied to each mapped soil type
Compound topsoil stripping volume and separate storage missingTier 1MEDIUM RISKThe missing detailed soil-handling method statement is a concern ABP typically addresses by pre-commencement condition rather than outright refusal; the brief cites no comparable refusal precedent.

📋 Evidence brief — what we found

🎯 Key evidence
strip and store the top vegetated layer for re-use as a sealing layer to prevent sediment runoff and minimize visual impact. stored around the site compound perimeter, away from sensitive habitats.
— Other Assessments (docid 379170), CEMP Ballymahon Solar + BESS, File No. 1249, pages 69–70 — Section 6.3 Contractors Compound and Welfare Facilities, Table 6.2, 'Vegetated Material Stripping'.
🗣️ In plain English
OPR Practice Note PN03 section 5.26 requires separate topsoil stripping and storage from overburden, with proposals agreed before commencement [s.5.26, OPR Practice Note PN03]. The CEMP records vegetated-layer stripping and storage around the compound perimeter [docid 379170]; agreed topsoil proposals remain required before starting.
📖 Legal basis
OPR Practice Note PN03 — Planning Conditions (October 2022), section 5.26 Topsoil provides the standard condition: 'All topsoil shall be stripped and stored separately from overburden. Detailed proposals in this regard shall be submitted to, and agreed in writing with, the planning authority prior to commencement of development. The development shall be carried out in accordance with the agreed details.' In addition, the EPA Guidelines on the Information to be Contained in Environmental Impact Assessment Reports (2022), Land & Soils, list 'organic matter, erosion, compaction, sealing' and 'agricultural capability' as issues to be addressed. The available sources therefore support demanding a detailed, site-specific soil-handling method statement, not a bare statement of intent.
📂 What's on file
  • Other Assessments (docid 379170), CEMP Ballymahon Solar + BESS, File No. 1249, pages 59–60 and 69–70 — sets out construction-phase soil management and Table 6.2 for the compound. It says the top vegetated layer will be stripped and stored around the compound perimeter, and that stone will be placed in layers to form the hardstanding area.
  • Other Assessments (docid 379174), EIA Screening Report, pages 46–47 — acknowledges excavation, soil handling and compaction impacts, then concludes the residual soil/sediment impact is 'negative, imperceptible, and short term' on the basis of CEMP measures.
  • Other Assessments (docid 379179) / Updated Hydrology & Hydrogeology (PKF-JBAI, pages 18–19) — repeats general measures: chisel ploughing between panel rows, covered/dampened stockpiles, compound at least 10m from drains, but does not address compound soil reinstatement or foundation compaction.
  • Other Assessments (docid 379158), DPR Ballymahon Solar + BESS, page 27 — provides site rehabilitation at decommissioning, including topsoil redistribution and decompaction by chisel ploughing/subsoiling, but does not address temporary construction compound demobilisation or pile/concrete-foundation compaction.
❌ What's missing
The supplied excerpts do not evidence, and therefore the application fails to demonstrate: (i) a stripping depth or volume for the compound topsoil; (ii) separate storage of that topsoil from overburden/subsoil; (iii) stockpile location coordinates, height, gradient, setback or duration; (iv) any geotextile separation membrane between the stone hardstanding and the underlying soil; (v) removal of hardstanding and decompaction of the compound area before topsoil replacement; (vi) topsoil reinstatement specification, acceptance criteria or agricultural land-capability comparison of alternative compound locations; and (vii) any compaction assessment or mitigation for BESS/inverter/transformer bases or any piling. The construction-phase decompaction measure is limited to chisel ploughing between panel rows, which does not cover the compound or foundation zones.
💡 Why this is wrong
This one-line measure does not follow the standard PN03 topsoil condition, which calls for detailed proposals for stripping and separate storage to be agreed before commencement. It treats the stripped topsoil as a visual/sediment sealing layer around the perimeter rather than as the most agriculturally valuable material to be preserved and replaced across the compound footprint. There is no mechanism stated to prevent mixing with overburden, no geotextile separation beneath imported stone, no removal/decompaction/reinstatement sequence, and no land-capability comparison showing the compound avoids the best agricultural land. The only decompaction stated anywhere is chisel ploughing between panel rows, not the compound or concrete base areas. That leaves a high-risk soil-handling activity unconstrained and gives the planning authority an inadequate basis to decide that the soil impact is acceptable.
⚠️ Specific deficiency
The applicant's CEMP (docid 379170), Section 6.3/Table 6.2, reduces compound soil management to: 'Strip and store the top vegetated layer for re-use as a sealing layer... Stored around the site compound perimeter...' and 'Stone will be placed in layers to form the hardstanding area...'. It nowhere specifies depth, volume, stockpile separation, geotextile separation, hardstanding removal, decompaction or restoration. The EIA Screening Report (docid 379174, page 46) then adopts the conclusion that residual soil/sediment impacts are 'negative, imperceptible, and short term' without testing those missing details; it also does not mention the compound footprint or pile/foundation compaction. The Hydrology report (docid 379179, page 18) repeats the general 'chisel ploughing between panel rows' measure but does not extend it to the compound or BESS/support bases.
⚖️ Risk to address
The objector should argue that the application fails to demonstrate a safe, detailed soil management and reinstatement sequence for the temporary compound and foundation areas, and should request refusal or a pre-commencement condition requiring detailed topsoil stripping/storage/geotextile/decompaction/replacement proposals and a land-capability comparison of compound locations to be agreed in writing before any groundworks.
📊 Precedent pattern
No directly comparable precedent confirmed in corpus — legal basis stands independently.
📖 Relevant legislation / policy

Detailed assessment

The assessor should assess whether the temporary construction compound has been demonstrably sited and operated to avoid loss or long-term degradation of the best/most versatile agricultural land within the Open Agricultural LCA, and whether pre-compound topsoil stripping, stockpiling and restoration are adequate. The CEMP states the reinstatement outcome as "Restore compound areas to pre-construction condition upon completion and demobilisation of the site"; the adequacy of that outcome should be tested against a soil-handling sequence for the compound footprint — geotextile separation, hardstanding removal, decompaction and topsoil replacement — and a land-capability comparison of alternative compound locations.

📄 Source documents

  • Other Assessments (docid 379142) — p.11Review this page for evidence related to this finding....oposed training provided. A fire risk assessment to be drafted and submitted detailing the space separation requirements between the proposed development in terms of fire spread to adjoining lan
  • Other Assessments (docid 379142) — p.12Review this page for evidence related to this finding....ssioning report to be provided for end-of-life panels from the site. Response: See 19. Above Replacement of removal of 186 metres of hedgerows to be considered in biodiversity management pl
  • Other Assessments (docid 379140) — p.11Review this page for evidence related to this finding....of blocking is called ‘diffraction’. There are various approaches to safeguarding microwave links against from obstruction via solar developments. The most common approaches are: 1. Implementati

Cases cited

none cited

Policy / guidelines cited

none cited

What to watch for

  • Siting of compound relative to mapped best/most versatile agricultural land
  • Pre-construction topsoil strip and stockpile treatment for the compound footprint
  • Removal of hardstanding/geotextile and decompaction before topsoil replacement
  • Fuel and oil containment preventing contamination of retained topsoil and subsoil
Visibility splay works extent and timing unspecifiedTier 1LOW RISKDeferral of visibility splay vegetation details to pre-works council agreement is a minor procedural gap; ABP typically conditions rather than refuses such access matters.

📋 Evidence brief — what we found

🎯 Key evidence
minor hedgerow trimming or removal may be required to achieve these standards, with exact locations and extents to be agreed with longford county council prior to works.
— Other Assessments (docid 379173), page 57 (quote verified verbatim)
🗣️ In plain English
An automated assessment raised traffic access and roads as a concern [docid 379173, page 1]. Meeting the required standards may involve minor hedgerow trimming or removal, with exact locations and extents to be agreed with Longford County Council before any works begin — in practice the works cannot start until that agreement is in place.
📂 What's on file
  • Other Assessments (docid 379173) (page 57): “minor hedgerow trimming or removal may be required to achieve these standards, with exact locations and extents to be agreed with longford county council prior to works.”
💡 Why this is wrong
Visibility splay standards (X=3.0m, Y=160m for R397, Y=65m for L5527) are stated and preliminary analysis indicates sufficient splays with vegetation management, but the exact locations and extent of hedgerow works are deferred to agreement with the council 'prior to works'.
📊 Precedent pattern
2 refusal on a related ground (eplanning_GalwayCC_2361008); the other cases listed were refused on other grounds. Too few to establish a pattern.
📖 Relevant legislation / policy
  • Longford County Development Plan 2021-2027 p.169dev plan
    CHAPTER 5: TRANSPORT, INFRASTRUCTURE, ENERGY & COMMUNICATIONS
    (Cited in full above.)
  • Design Manual for Urban Roads and Streets (2019) p.120s28 guideline
    X+ — 4.4.5 Visibility Splays
    Visibility splays are included at junctions to provide sight lines along the intersected street to ensure that drivers have sufficient reaction time should a vehicle enter their path. Visibility splays are applied to priority junctions where drivers must use their own judgement as to when it is safe to enter the junction. Junction visibility spla
  • Draft Revised Wind Energy Development Guidelines (2019) p.57s28 guideline
    CHAPTER 4 SUBMITTING A PLANNING APPLICATION FOR WIND ENERGY DEVELOPMENT — 4.11 CONSTRUCTION AND ENVIRONMENTAL MANAGEMENT PLAN
    (Cited in full above.)
  • wind energy development guidelines 2006 p.79s28 guideline
    73
    (Cited in full above.)
  • Draft Revised Wind Energy Development Guidelines (2019) p.59s28 guideline
    CHAPTER 5 CONSIDERING AN APPLICATION FOR WIND ENERGY DEVELOPMENT — 5.2 GENERAL CONSIDERATIONS IN THE ASSESSMENT OF WIND ENERGY PLANNING APPLICATIONS
    See Draft Revised Wind Energy Development Guidelines (2019), CHAPTER 5 CONSIDERING AN APPLICATION FOR WIND ENERGY DEVELOPMENT, 5.2 GENERAL CONSIDERATIONS IN THE ASSESSMENT OF WIND ENERGY PLANNING APPLICATIONS, cited in full above.
📚 Precedent cases

Detailed assessment

Visibility splay standards (X=3.0m, Y=160m for R397, Y=65m for L5527) are stated and preliminary analysis indicates sufficient splays with vegetation management, but the exact locations and extent of hedgerow works are deferred to agreement with the council 'prior to works'.

📄 Source documents

  • Other Assessments (docid 379173) — p.48Review this page for evidence related to this finding....ed to ensure the sightlines remain unobstructed. The vertical alignment of the L5527 provides full visibility to a 1.05 m high object over the complete Y-distance in both directions. The Z-dis
  • Other Assessments (docid 379173) — p.53Review this page for evidence related to this finding....esign Manual for Roads and Bridges (DMRB), and the Longford County Development Plan 2021- 2027. Preliminary analysis shows that both site entrances proposed have sufficient visibility splays a
  • Conservation Report — p.86Review this page for evidence related to this finding....tation can reduce the signal from satellites and the accuracy of the grid reference readings. Grid references provided should be used as a guideline rather than as an absolute position. Adjacent

Cases cited

eplanning_GalwayCC_2361008, eplanning_KerryCC_201284

Policy / guidelines cited

none cited

What to watch for

  • The assessor should VERIFY in the Site Access Report and CEMP whether visibility improvement works are explicitly conditioned to be completed as an initial phase prior to any PV panel or access track construction, and whether any ditch section removal at the junction is identified.
Battery energy storage fire-safety and technology details deferred until supplier selectionHIGH RISKThe analysis identifies a material gap in BESS fire and safety detail that has been a determinative refusal ground in comparable planning cases.

📋 Evidence brief — what we found

🎯 Key evidence
The specific battery technology, its chemical composition, and the corresponding fire suppression system details will be finalised upon the selection of the BESS supplier.
— Other Assessments (docid 379180), Fire Safety Statement, page 7
🗣️ In plain English
The application does not give the council the basic information needed to judge how safe the battery storage compound would be: how much energy the batteries hold, and a completed hazard analysis, consequence/dispersion model and emergency response plan (the Fire Safety Statement defers these, and the final battery supplier and chemistry, until after consent).
📖 Legal basis
Under the EIA Directive screening criteria reproduced in the Guidelines for Planning Authorities and An Bord Pleanála on carrying out environmental impact assessment (August 2018), Appendix I, p.95, the characteristics of projects must be considered with particular regard to 'the risk of major accidents having regard in particular to substances or technologies used and/ or disasters which are relevant to the project concerned' and 'the risks to human health'. The EPA EIAR Guidelines 2022 (p.52) state that baseline information should be sourced from reliable published references and that a detailed evaluation by specialists is likely to be necessary for topics likely to be significantly affected; they cannot be satisfied by generic, non-BESS-specific conclusions.
📂 What's on file
  • Fire Safety Statement — Ballymahon Solar + BESS, File No. 1250 (Other Assessments, docid 379180, 25 pages) — sets out detection, cooling and suppression measures and container spacing of at least 3 m, but states that battery technology, chemistry and suppression details 'will be finalised upon the selection of the BESS supplier' and that the Emergency Response Plan, consequence model and run-off management will be agreed with the Fire Authority before development.
  • EIA Screening Report — Ballymahon Solar + BESS Farm (docid 379174, 77 pages) — screens the project but its environmental sections reach generic conclusions. The BESS is labelled on figures but no technology, storage capacity or fire detail appears in the excerpt.
  • Ballymahon Solar Farm Appropriate Assessment Screening and Natura Impact Statement (docid 379227) — contains an outline design figure showing the BESS compound, but the excerpt does not provide BESS fire/safety parameters.
  • Further Information Response - Ballymahon Solar + BESS (docid not supplied) — updates LVIA, archaeology, ecology, EMF and hydrology, and responds to submissions, but does not evidence BESS fire or emergency response details in the supplied pages.
  • CEMP Ballymahon Solar + BESS File No. 1249 (docid 379170) — sets out a construction programme and archaeological/heritage checks; no BESS emergency response or fire suppression design appears in the supplied pages.
❌ What's missing
The referenced consultation with Longford Fire Chief is only a reference; no fire safety distances, outcomes, recommendations or conditions agreed are provided. An emergency response plan (nearest fire station, response time, emergency access route, water supply) is not set out in the excerpt.
💡 Why this is wrong
For a BESS compound, the most serious environmental and safety questions are what happens in a battery fire: lithium-ion cells can enter thermal runaway, release flammable and toxic gases, and generate intense heat. The EIA Directive screening criteria expressly require the risk of major accidents from substances or technologies to be considered, along with risks to human health. The applicant also refers to consulting Longford Fire Chief but does not supply the distances or measures agreed.
⚠️ Specific deficiency
The Longford Fire Chief consultation is referenced but its distances, outcomes, recommendations or conditions are not provided. The CEMP (docid 379170) gives a construction programme but no emergency response or suppression design.
⚖️ Risk to address
rely on eplanning_KildareCC_2560083, where refusal was based on failure to submit relevant BESS fire safety details.
📊 Precedent pattern
Comparable refusal(s) on this ground, listed individually for direct verification: eplanning_KildareCC_2560083, eplanning_RoscommonCC_2460537 (insufficient for a blanket pattern).
📖 Relevant legislation / policy
  • EPA Guidelines on the Information to be Contained in Environmental Impact Assessment Reports (2022) p.86s28 guideline
    APPENDIX II – ANNEX IV OF 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. — (INFORMATION FOR THE ENVIRONMENTAL IMPACT ASSESSMENT REPORT)
    1. Description of the project, including in particular: a) a description of the location of the project; b) a description of the physical characteristics of the whole project, including, where relevant, requisite demolition works, and the land-use requirements during the construction and operational phases; c) a description of the main char
  • wind energy development guidelines 2006 p.115s28 guideline
    109
    (Cited in full above.)
  • guidelines for planning authorities and an bord plean la on carrying out environmental impact assessment august 2018 p.97s28 guideline
    Appendix I - Codified Directive — (INFORMATION FOR THE ENVIRONMENTAL IMPACT ASSESSMENT REPORT)
    1. A Description of the project, including in particular: (a) a description of the location of the project; (a)(b) a description of the physical characteristics of the whole project, including, where relevant, requisite demolition works, and the land-use requirements during the construction and operational phases; (b)(c) a description of the
  • EPA Guidelines on the Information to be Contained in Environmental Impact Assessment Reports (2022) p.52s28 guideline
    Consultation — 3.6.2  METHODOLOGY
    Sourcing Baseline Information Baseline information should, in the first instance, be sourced from published references to ensure reliability and objectivity. Such data is increasingly available from state agencies. These sources provide readily available referable sources. These are likely to reduce the time and resources required to prepare an EI
  • OPR Practice Note PN02 — Environmental Impact Assessment Screening (June 2021) p.32technical guidance
    Form 3 — B. Examination:
    location that are important or sensitive for reasons of their ecology e.g. wetlands, watercourses or other waterbodies (including riparian areas and river mouths), the coastal zone and the marine environment, mountains, forests or woodlands, that could be affected by the project? (d) Is the proposal likely to be highly visible to many people? Ar
📚 Precedent cases

Detailed assessment

The applicant's Fire Safety Statement (docid 379180) sets out detection, cooling and suppression measures and spacing of at least 3 metres between containers, but states that the specific battery technology, its chemical composition and the fire suppression system details "will be finalised upon the selection of the BESS supplier", and that the Emergency Response Plan, consequence model and run-off management will be submitted to and agreed with the Fire Authority before the development takes place. The application does not state the storage capacity (MWh) and does not present thermal runaway or hydrogen fluoride dispersion modelling for the 56 containerised modules; these are deferred rather than available for assessment at decision stage. The assessor should verify whether that deferral is acceptable.

📄 Source documents

  • Other Assessments (docid 379142) — p.11Review this page for evidence related to this finding....oposed training provided. A fire risk assessment to be drafted and submitted detailing the space separation requirements between the proposed development in terms of fire spread to adjoining lan
  • Unsolicited Information — p.42Review this page for evidence related to this finding....battery type should be reviewed when a specific BESS product is chosen to ensure that LFP battery technology can be incorporated into the chosen module. This should also be addressed and confirme
  • Unsolicited Information — p.53Review this page for evidence related to this finding....be adequately separated from neighbouring fire sources (including the inverter and BESS modules). Separation distance to be specified by ESB, the manufacturer and/or as a function of the oil cap

Cases cited

eplanning_RoscommonCC_2460537

Policy / guidelines cited

none cited

What to watch for

  • Verify each point against the application file before relying on it
  • This finding originates from the full-document review pass
Ecology report lacks site-specific quantitative species impactsHIGH RISKThe ecology/NIS bird assessment appears qualitative rather than quantified for species of conservation concern, and its treatment of functional linkage with Lough Ree SPA for golden plover may be insufficient; adequacy should be verified.

📋 Evidence brief — what we found

🎯 Key evidence
observed on four of the six surveys, in small numbers with the peak count of eight in february. observations always associated with field boundaries/woodland. the proposed development would not have any likely impact on overwintering goldcrest.
— Ecological Survey for Birds (RPS, March 2026, ref 794-NI-PLE-03028XX), p.10 — Section 4.2.3.1 Goldcrest
🗣️ In plain English
The Board must decide on sustainable development and material considerations [EPA Guidelines 2022]; a 111 ha solar farm can remove or disturb feeding and roosting land, and the ecology reporting lacks a site-specific quantitative impact assessment [Ecological Survey for Birds, p.10].
📖 Legal basis
the planning authority/Board must decide in accordance with the proper planning and sustainable development of the area, taking account of all material considerations. EPA Guidelines on the Information to be Contained in Environmental Impact Assessment Reports (2022) state that baseline information 'should be enough to inform a reliable assessment of the implications for the environment' and ask whether the information necessary for identification and assessment of the main effects is available (pp.53, 46). OPR Practice Note PN01 states that 'Likely means a risk or possibility of effects occurring that cannot be ruled out based on objective information', and that any conclusion of the lack of likely significant effects must be based on the scientific information, without consideration of mitigation measures (p.14). These are material considerations; the EPA and OPR documents are guidance, not statutory binding duties, but they bear directly on adequacy.
📂 What's on file
  • Ballymahon Solar Farm and BESS Preliminary Ecological Appraisal (ref 784-B071661 GP-TEM-006-02) — contains NBDC desk-study Table B1 of 51 bird species, Table 2 of 10 priority bird species recorded on site, and species entries such as Sparrowhawk that conclude 'The Proposed Development would not have a likely impact on overwintering Sparrowhawk' after a single November observation.
  • Ecological Survey for Birds (RPS, March 2026, ref 794-NI-PLE-03028XX) — reports six overwintering surveys; species accounts for Goldcrest, Greenfinch, Grey wagtail, Linnet and Meadow pipit with peak counts but repetitive 'no likely impact' conclusions. The Goldcrest account states: 'Observed on four of the six surveys, in small numbers with the peak count of eight in February. Observations always associated with field boundaries/woodland. The Proposed Development would not have any likely impact on overwintering Goldcrest.'
  • NIS (docid 379227) — screening tables for Lough Ree SPA and other European sites; relies on 'Due to distance and lack of hydrological connectivity no threats or pressures from this development have been identified. No potential pathways No LSE anticipated' for many qualifying interests; identifies LSE for Lapwing but no Golden plover functional connectivity analysis is evidenced in the excerpts; concludes 'Therefore, it can be objectively concluded that the Proposed Development, individually or in combination with other plans or projects, will not adversely affect the integrity of any Natura 2000 site.'
  • Other Assessments (docid 379156) — ecological desk study/field survey results; notes 'Data requested by NPWS was not returned' but still lists NBDC records and priority species observed on site.
  • Other Assessments (docid 379149) — includes AA screening text and a single summer visit: 'A bird species list was compiled during site visits between the 7th and 10th of July 2025.'
  • Other Assessments (docid 379170) — CEMP integrating mitigation; not a substitute for impact assessment.
❌ What's missing
The ecology reporting is present but inadequate because it does not provide a site-specific quantitative impact assessment for each recorded species of conservation concern. The bird survey covers only the 2025-2026 overwintering period (six visits) plus a July 2025 species list, so there is no full breeding-season or multi-season baseline; this is insufficient to establish the site's regularity or importance. The ex-situ evaluation of the 400 Golden plover is a short statement (sporadic use, alternative grassland abundant) with no flight-path or functional-linkage analysis.
💡 Why this is wrong
The core problem is that the report substitutes a conclusion for analysis. For a species of conservation concern, saying 'no likely impact' without quantifying habitat loss, disturbance buffers, and collision risk does not satisfy the EPA's baseline sufficiency test or OPR PN01's objective-information test. The NIS then compounds this by relying on distance and 'hydrological connectivity' for water-dependent qualifying interests while the bird survey's ex-situ assessment of the reported 400 Golden plover is a brief qualitative statement of sporadic use. Without that analysis, the Board cannot lawfully conclude no adverse effect on site integrity or satisfy s.34 proper planning.
⚠️ Specific deficiency
The applicant/RPS bird survey repeatedly uses a boilerplate conclusion. For Goldcrest it gives a peak count of eight and then immediately states 'The Proposed Development would not have any likely impact on overwintering Goldcrest' with no analysis. The Preliminary Ecological Appraisal does the same for Sparrowhawk after a single November record. The NIS tables use a distance/hydrology filter — 'Due to distance and lack of hydrological connectivity no threats or pressures from this development have been identified. No potential pathways No LSE anticipated' — for many Natura 2000 qualifying interests, but this does not test the functional linkage of Lough Ree SPA waterbirds such as Golden plover using dry grassland.
📊 Precedent pattern
Too few to establish a pattern.
📖 Relevant legislation / policy
📚 Precedent cases

Detailed assessment

A full-text review of the Ecology documentation (4 documents) identified potential deficiencies: This document does not present a site-specific quantitative impact assessment for each recorded species of conservation concern; it makes general statements of 'no likely impact' without detailed analysis of habitat loss, disturbance, or collision risk for species such as Golden plover, Kestrel, Meadow pipit, Snipe, and Starling.; This document does not include longer-term or multi-season survey data; it covers only one overwintering season (2025-2026), which is insufficient to determine the site's regularity or importance for Golden plover and other species given the sporadic nature of the observations.; This document does not assess breeding birds or provide a full-year baseline; it explicitly limits itself to overwintering birds, leaving a significant gap in understanding impacts on breeding bird assemblages and habitat use during the breeding season.; This document does not provide a detailed connectivity or ex-situ use analysis between the site and Lough Ree SPA beyond a straight-line distance of over 5 km.; (+50 further points recorded). Each point requires verification against the documents themselves before being relied on.

📄 Source documents

  • Conservation Report — p.11Review this page for evidence related to this finding....ys between October 2025 and March 2026, including thirteen species which are considered species of conservation concern through their inclusion on one or more of the lists / annexes / schedules d
  • Conservation Report — p.15Review this page for evidence related to this finding....intering Golden plover at Lough Ree SPA as alternative roosting sites are widely available. 4.3.3 Collision risk There is currently limited scientific evidence documenting the effects of solar f
  • Conservation Report — p.17Review this page for evidence related to this finding....provides suitable nesting habitat for skylark (Alauda arvensis), a ground-nesting bird species of conservation concern, and the species may potentially breed within the site during the bird nestin

Cases cited

eplanning_KildareCC_2560083, eplanning_LimerickCC_25105

Policy / guidelines cited

none cited

What to watch for

  • Verify each point against the application file before relying on it
  • This finding originates from the full-document review pass
Tier 2 — Confirmed findings, lower weight (verify adequacy)
Each was verified against the applicant's own documents and cross-checked by the same two audit passes as Tier 1 — these are confirmed findings, not speculative. They rank below Tier 1 because the applicant's submission already addresses the topic, so each is a lower-weight adequacy question to confirm rather than a determinative breach on its own.
Otter resting site not shown carried through to Natura Impact Statement conclusionTier 2HIGH RISKThe NIS excerpts do not show the applicant's confirmed otter resting site being carried through to its conclusion and describe only low activity; PL17-311536 was refused in part on NIS baseline adequacy, so the point warrants close scrutiny.

📋 Evidence brief — what we found

🎯 Key evidence
during otter surveys spraint was recorded near the north block (tetra tech, 2025e). this shows they are in the area and do make use of this habitat however no other signs were recorded and no holts detected. this indicates low levels of activity within the area.
— Ballymahon Solar Farm Appropriate Assessment Screening and Natura Impact Statement (docid 379227), Section 5.1.5 Disturbance (construction and decommissioning) — Otter paragraph.
🗣️ In plain English
The application's otter survey found spraints and a resting place. Section 5.1.5 of the Natura Impact Statement records spraint near the north block, no other signs and no holts, and says this indicates low activity. But the NIS does not carry the survey's finding of a non-natal otter resting site within Site 1 into its conclusion that it can exclude ex-situ mortality and disturbance. Article 6(3) of the EU Habitats Directive (92/43/EEC) requires an appropriate assessment where a project is likely to have a significant effect on a site [Art. 6(3), 1992]. The decision-maker must assess likely significant effects on the site, including the otter population linked to Lough Ree SAC.
📖 Legal basis
Under Article 6(3) of the EU Habitats Directive (Council Directive 92/43/EEC), as quoted in the National Planning Framework — Ireland 2040 (p.156): "Any plan or project not directly connected with or necessary to the conservation of a site but likely to have a significant effect thereon, either individually or in combination with other plans or projects, shall be subject to Appropriate Assessment (AA) of its implications for the site in view of the site's conservation objectives." The Directive is transposed into Irish law through the European Communities (Birds and Natural Habitats) Regulations 2011 (as amended). The DEHLG Appropriate Assessment of Plans and Projects in Ireland guidance (2009, rev. 2010, p.81) defines a Natura Impact Statement as: "The report of a scientific examination of a plan or project and the relevant Natura 2000 sites, to identify and characterise any possible implications for the site in view of the site's conservation objectives, to enable a consent authority to carry out an appropriate assessment." No more specific statutory threshold for this otter pathway is established from the available authority sources; the failure is in the scientific adequacy of the NIS itself.
📂 What's on file
  • Ballymahon Solar Farm Appropriate Assessment Screening and Natura Impact Statement (docid 379227) — contains the Stage 1 screening matrix and Stage 2 NIS. It screens in direct mortality, disturbance, habitat fragmentation and loss of foraging habitat as pathways to Lough Ree SPA/SAC. Section 5.1.5 then concludes otter show only 'low levels of activity within the area.'
  • Ballymahon Solar Farm and BESS Otter (Lutra lutra) Survey Report (docid 379204) — Section 4.1.1 states 'One otter resting site was observed (within Site 1) at the time of survey.' Section 4.1.3 states that without mitigation otter may be killed or injured by construction vehicles. Section 4.3 states that disturbance or damage to an otter resting place requires a European Protected Species Licence from NPWS.
  • Ballymahon Solar Farm and BESS Otter Survey Report (Conservation Report, no docid supplied) — Appendix C Field Survey Notes record old otter spraint with fish bones/invertebrate pieces at W2, a mammal path at W11, and a small bridge providing suitable otter habitat at W2.
  • ECR (docid 379149) — Section 5.6.1.7 confirms direct mortality during construction was screened in for Lough Ree SPA, but the excerpt does not show a site-specific otter resting-site analysis for the ex-situ mortality/disturbance pathway to Lough Ree SAC.
❌ What's missing
The NIS is present but inadequate because it does not carry the Otter Survey Report's own field finding of a non-natal otter resting site within Site 1 into its conclusion that ex-situ mortality and disturbance can be excluded. In Section 5.1.5 the NIS says only that spraint was recorded near the north block, that 'no other signs were recorded and no holts detected', and that this indicates low levels of activity — but the survey report records a resting site. There is no analysis in the supplied NIS excerpts explaining why a confirmed resting site, which is a protected place under the Habitats Regulations, does not alter the LSE conclusion for direct mortality and disturbance to the otter Qualifying Interest of Lough Ree SAC. The otter assessment appears reduced mainly to water-quality/foraging considerations rather than a robust ex-situ mortality and disturbance pathway assessment.
💡 Why this is wrong
An NIS must be a scientific examination that accurately characterises implications for the conservation objectives of a Natura 2000 site. Here the applicant's own Otter Survey Report (docid 379204) states a resting site was observed within Site 1 and that an NPWS licence would be required for disturbance or damage to it, but the NIS (docid 379227) says no holts were detected and describes only low activity. That means the NIS conclusion that all pathways can be avoided with construction-phase mitigation rests on a description of otter usage that is materially weaker than the field data. In PL17-311536, An Bord Pleanála refused a solar scheme because the Natura Impact Statement was 'not based on best available scientific information' and its conclusions could not be relied upon due to inadequate baseline field information. The same concern arises here: by failing to carry the resting-site finding through to the Lough Ree otter Qualifying Interest assessment, the NIS does not provide the scientific certainty required for a valid Article 6(3) conclusion.
⚠️ Specific deficiency
The applicant's NIS (docid 379227) in Section 5.1.5 states otters showed 'low levels of activity' and says 'no holts detected', while the applicant's own Otter Survey Report (docid 379204) states: 'One otter resting site was observed (within Site 1) at the time of survey.' The report writer then concludes, without a site-specific explanation of the resting site, that all impact pathways could be avoided with suitable mitigation. The planner's file does not evidence any follow-up request for this contradiction to be resolved before screening conclusions were accepted. This is the same weakness identified in PL17-311536, where the NIS baseline was held to be insufficient for scientific certainty on European-site effects.
⚖️ Risk to address
The NIS should not be accepted as excluding significant effects on the otter Qualifying Interest of Lough Ree SAC because it fails to carry the applicant's own confirmed resting-site finding into the ex-situ mortality and disturbance assessment; following PL17-311536, a conclusion based on downplayed field data is not a scientifically reliable basis for excluding adverse effects on site integrity.
📊 Precedent pattern
Comparable refusal(s) on this ground, listed individually for direct verification: PL17-311536 (insufficient for a blanket pattern).
📖 Relevant legislation / policy
  • Longford County Development Plan 2021-2027 p.336dev plan
    CHAPTER 12: NATURAL HERITAGE & ENVIRONMENT
    331 Table 12.1 Special Areas of Conservation (SAC) Special Areas of Conservation (SACs) Features of Interest SAC 000440 – Lough Ree 3150 Natural eutrophic lakes with Magnopotamion or Hydrocharition - type vegetation 6210 Semi-natural dry grasslands and scrubland facies on calcareous substrates (Festuco-Brometalia) (* important orchid sites) 711
  • Longford County Development Plan 2021-2027 p.337dev plan
    CHAPTER 12: NATURAL HERITAGE & ENVIRONMENT — 12.5.2 Special Protection Areas (SPAs) These sites are selected for the conservation and protection of birds and their habitats designated under the EU Birds Directive 2009 (2009/147/EC) (first adopted in 1979) and transposed into Irish law by the Conservation of Wild Birds Regulations (SI 291 of 1985). The National Parks and Wildlife Service within the Department of Culture, Heritage and the Gaeltacht identify, evaluate and propose sites for designation. The boundaries of protected areas may change and/or new sites may be proposed for designation during the lifetime of this Plan.
    (Cited in full above.)
  • Longford County Development Plan 2021-2027 p.390dev plan
    CHAPTER 14: LANDSCAPE CHARCTER
    rn shores of Lough Ree, with poorly drained agricultural land forming the majority of the landcover in the area. Relatively small and isolated pockets of bog and marshland create important habitats at Fortwilliam Turlough, Commons North and Portanure, while the Portanure Pine Woods are an important stand of trees on the shores of the lake. Lough
  • OPR Practice Note PN01 — Appropriate Assessment Screening for Development Management (2021) p.43technical guidance
    Appendix D — European Sites in Ireland
    Figure 1. Map illustrating the Natura 2000 Network in Ireland Special Areas of Conservation (SAC's) Special Protection Areas (SPA's) 42 Appropriate Assessment Screening for Development Management
  • OPR Practice Note PN01 — Appropriate Assessment Screening for Development Management (2021) p.13technical guidance
    Screening Process — Step 1: Description of proposed development and site characteristics
    The first step in carrying out a screening exercise is to consider the nature and extent of the proposed development and the characteristics of the immediate environment. This will focus the screening exercise on the characteristics relevant to the individual case, and is particularly important in terms of identifying potential pathways between the
📚 Precedent cases
  • PL17-311536 — refused · Meath County Council · 36% match
    Lands Including Rogerstown, Smithstown, Calliaghstown,, Pilltown and Ballymad, D
    It is considered that the submitted Natura Impact Statement is not based on best available scientific information. In the absence of adequate baseline information, including the limited extent and the nature of the field surveys undertaken, the conclusions presented in the Natura
  • eplanning_LimerickCC_25105 — refused · — · 7% match
    Wellesley Farm , Dromtrasna Hartnett , Abbeyfeale Co. Limerick.

Detailed assessment

The file includes an Otter (Lutra lutra) Survey Report, and the NIS screening identifies disturbance during construction as a pathway to Lough Ree SAC (otter) and direct mortality as a pathway to Lough Ree SPA (birds). The assessor should assess whether the NIS adequately carries the submitted otter field findings through to its conclusion that ex-situ mortality and disturbance of the Otter qualifying interest can be excluded, rather than treating water quality as the sole connecting pathway. PL17-311536 supports close scrutiny of whether such conclusions are based on the best available scientific information and adequate site-specific field data.

📄 Source documents

  • Other Assessments (docid 379155) — p.10Review this page for evidence related to this finding....ing bats. • Identify if any additional surveys are required to inform this assessment. Note that scientific names are provided at the first mention of each species and common names are used thr
  • Conservation Report — p.129Review this page for evidence related to this finding....detector surveys, bat sound analysis, and rigorous QA of survey data to support robust ecological conclusions. This analytical capability enables him to provide clear, evidence‑based advice on po
  • Conservation Report — p.220Review this page for evidence related to this finding....ooth Newt - Habitat Suitability Index (HSI) Assessment 3 784-B071661 GP-TEM-006-02 Note that scientific names are provided at the first mention of each species and common names (where appro

Cases cited

PL17-311536, eplanning_LimerickCC_25105

Policy / guidelines cited

none cited

What to watch for

  • Cross-check the NIS against the Otter Survey Report for any documented resting site and territory/connectivity implications.
  • Ensure ex-situ mortality and disturbance to otter are assessed alone and in combination, not only via water quality.
  • Review whether the NIS prescribes enforceable otter-specific construction mitigation such as exclusion zones, timing, and retention of riparian/commuting habitat.
Visual studies use inconsistent maximum panel heightsTier 2HIGH RISKPanel-height inputs across the glare model, LVIA and drawings are not shown to be reconciled, so the visual/glint conclusions need verification before being relied on.

📋 Evidence brief — what we found

🎯 Key evidence
the specific type and manufacturer of the pv panels will be confirmed at a later stage of the procurement process. however, for the purpose of this application, it is assumed that the panels will not exceed a maximum height of approximately 3.0 m above ground level, with a minimum ground clearance of approximately 0.6 m.
— Other Assessments (docid 379174), page 24 — Section 2.2.1 Solar Panels
🗣️ In plain English
The application says the solar panels could be up to about 3 metres tall, but the glare study models them at 2 metres, and the drawings show a range of 1.5 to 3 metres. The landscape and visual work doesn't clearly say which height it modelled. If the same maximum height isn't used everywhere, the conclusions about what neighbours, road users and pilots will see can't be relied on.
📖 Legal basis
Longford County Development Plan 2021-2027, CPO 5.145 (p.169) requires proposals for solar energy to address 'Visual impact particularly on raised/elevated sites', 'Zone of Visual Influence and visual impact of the structures', and 'Glint and glare and the potential impact on the adjoining road networks and dwellings through the submission of an associated report'.
📂 What's on file
  • Other Assessments (docid 379174) — EIA Screening Report, p.24, Section 2.2.1: states that the specific panel type/manufacturer will be confirmed later and assumes panels 'will not exceed a maximum height of approximately 3.0 m above ground level, with a minimum ground clearance of approximately 0.6 m.'
  • Other Assessments (docid 379150) — Glint/Glare assessment: ForgeSolar analysis lists PV array vertices with 'Height above ground (m)' values of 2.00 m and 0.00 m, fixed tilt 15°, orientation 180°, smooth glass, no glare predicted, no ATCT receptors assessed.
  • Plans Sections Elevations (docid 379185 and other section drawings) — 'Side Elevation of Table Array' annotates '1500 - 3000', '600 - 1500' and tilt '5° - 25°', showing a variable height envelope rather than a single confirmed modelling height.
  • Other Assessments (docid 379215) — Cunnane Stratton Reynolds Landscape and Visual Appraisal: describes the development and lists likely landscape/visual effects but does not state in the supplied excerpt what array height was used for ZTV/LVIA.
  • Site Notice — no panel height is specified in the notices.
❌ What's missing
A reconciliation or consistency statement showing that the ZTV, LVIA and Glint and Glare Study were all run at the same maximum design height — either the 3.0 m assumed maximum or the full 1.5–3.0 m range — is not evidenced in the supplied excerpts. The EIA Screening acknowledges the panel type is unconfirmed; the glare model uses 2.00 m/0.00 m vertices; the section drawings show a range up to 3000 mm; and the LVIA excerpt does not identify its height input. The application therefore needs, but does not provide, a single confirmed worst-case array height before the visual and glint conclusions are relied on.
💡 Why this is wrong
Longford County Development Plan CPO 5.145 specifically requires solar proposals to address the Zone of Visual Influence, visual impact and glint/glare. A visual or glare model is only as reliable as its input: if the glare model models panels at 2.0 m while the application assumes up to 3.0 m and the drawings show a 1.5–3.0 m range, the glint/glare and visual conclusions may understate effects. Height-dependent visual and glint/glare conclusions resting on inconsistent or unconfirmed array height are not a properly evidenced basis for decision and expose the decision to judicial review.
⚠️ Specific deficiency
The applicant's EIA Screening states a maximum height of approximately 3.0 m, while the Glint/Glare assessment runs a different geometry using 2.00 m/0.00 m vertices, and the section drawings show a range rather than a fixed worst-case height. The Landscape and Visual Appraisal does not identify its modelling height. The applicant left the planning authority to infer a consistent height instead of submitting a clear height schedule cross-referenced across all three assessments.
⚖️ Risk to address
Argue that the visual, ZTV and glint/glare assessments should not be relied upon until the applicant confirms the maximum array height and demonstrates that all three assessments used that same worst-case height; otherwise the decision would not satisfy Longford County Development Plan CPO 5.145.
📊 Precedent pattern
No directly comparable refusal on this ground is confirmed; the cases listed were refused on other grounds.
📖 Relevant legislation / policy

Detailed assessment

The EIA Screening Report assumes panels up to approximately 3.0 m, the glare model uses a 2.00 m array height and the section drawings show 1.5-3.0 m. The assessor should verify that the application's maximum array height is consistently stated and used across the PV table, ZTV, LVIA and Glint and Glare Study, and that any stated range (e.g., 1.5–3.0m) versus a modelling height (e.g., 2.0m) is resolved before the visual and glint conclusions are relied upon.

📄 Source documents

  • Other Assessments (docid 379157) — p.7Review this page for evidence related to this finding....ely absence and, if presence is confirmed, an additional two surveys to estimate population size. Conclusions This report considers the potential impact of the proposed development on smooth ne
  • Conservation Report — p.128Review this page for evidence related to this finding....ir intention to retain existing hedgerows, treelines, and trees where possible within the site, as confirmed in correspondence received on 29th April 2025. 1.4 PURPOSE OF THE REPORT The purpos
  • Conservation Report — p.219Review this page for evidence related to this finding....ir intention to retain existing hedgerows, treelines, and trees where possible within the site, as confirmed in correspondence received on 29th April 2025. 1.4 PURPOSE OF THE REPORT The purpos

Cases cited

none cited

Policy / guidelines cited

none cited

What to watch for

  • Maximum panel/array height in the PV table drawing compared to the ZTV, LVIA and Glint and Glare Study modelling height.
  • Whether a height discrepancy could alter visibility, zone-of-theoretical-visibility and glint receptor results.
  • Any condition requiring panel-height confirmation before commencement.
Visible local primary road segments lack field-verified screeningTier 2HIGH RISKMaterial gap: reliance on bare-ground ZTV without route-specific field-verified screening for affected roads.

📋 Evidence brief — what we found

🎯 Key evidence
three cumulative viewpoints assessed below: c1; cv2; and cv3 were selected from along public roads as they fall within potential combined visibility coverage indicated on the ctzv.
— Ballymahon Solar Landscape and Visual Appraisal (docid 379215), pp.42 and following — Sections 1.7.2 Potential Visual Receptors and 1.7.3 Cumulative Visual Effects.
🗣️ In plain English
One key visual impact map is a bare-ground Zone of Theoretical Visibility map, showing where solar panels would be visible with no trees, hedges, buildings or roadside embankments in the way [docid 379215, pp.42 and following]. Applicant’s report admits it can overstate visibility, but the assessment checks visibility only at 10 to 11 representative (the LVIA gives both figures) and 3 cumulative viewpoints, not each stretch of local primary road shown as visible [same]. SNH guidance says a ZTV ignores screening and is a worst-case scenario [SNH 2017, p.9]; the Wind Energy Development Guidelines 2006 define it as theoretical [WEDG 2006, p.113]. No route-specific, field-verified screening evidence for every local primary road segment shown as visible is evidenced [same]. The Board needs site-specific screening evidence before deciding road users won't be unacceptably affected. These wind-farm guidelines are cited only by analogy: they are written for wind farms, not solar farms.
📖 Legal basis
The SNH Visual Representation of Wind Farms (Version 2.2, February 2017), LIMITATIONS, p.9, states that a ZTV 'takes no account of the screening effects of intervening elements such as trees, hedgerows or buildings, or small scale landform or ground surface features' and represents a 'worst case scenario'. The wind energy development guidelines 2006, Planning Guidelines, p.113 define ZTV as theoretical, 'based upon landform data only, and take no account of intermittent screening by vegetation or structures', and p.101 advises that 'screening objects such as forestry, buildings, etc., may be introduced to a Zone of Theoretical Visibility map.' These are guidance rather than binding; departure from them is a material consideration, not a legal breach. These wind-farm guidelines are cited only by analogy: they are written for wind farms, not solar farms.
📂 What's on file
  • Ballymahon Solar Landscape and Visual Appraisal (docid 379215, by Cunnane Stratton Reynolds) — contains the LVIA. It states the ZTV is a bare-ground scenario; acknowledges that the ZTV does not account for screening; selects 10 representative viewpoints and 3 cumulative viewpoints; concludes potential combined visibility was not possible from selected viewpoints; but does not demonstrate route-by-route field verification of every local primary road shown as theoretically visible.
  • Zone of Theoretical Visibility (ZTV) Map — Ballymahon in conjunction with proposed Foighna Solar Farm (docid 379177) — map notes state 'Calculation does not account for screening due to vegetation, forestry, buildings or any other similar forms of screening.'
  • Zone of Theoretical Visibility (ZTV) Map — Ballymahon, Co. Longford (docid 379166) — similar bare-ground ZTV map for the proposed scheme alone.
  • Photo Montage (docid 379196) — cumulative viewpoints c1, c2 and c3 along public roads; each is annotated 'Proposed Ballymahon Solar Farm not visible from this location', but these are only three selected viewpoints, not the full local primary road network identified by the ZTV.
❌ What's missing
Not evidenced in the supplied excerpts is route-specific, field-verified screening evidence for every local primary road segment shown as theoretically visible on the ZTV. The assessment is representative-viewpoint-based only: it verifies visibility at 10 selected viewpoints and 3 cumulative viewpoints, but does not provide a table, map overlay or route-by-route record showing the location, type and height of existing hedgerows, embankments, buildings or other screening on each affected road segment, nor the residual view after screening. The LVIA says the field visit found potential combined visibility not possible from the selected viewpoints, but the LVIA's field visit was viewpoint-based, and the supplied excerpts do not show route-by-route verification of the entire local road network in the ZTV-visible area.
💡 Why this is wrong
The SNH guidance warns that a bare-ground ZTV is a worst-case estimate and does not account for intervening screening. The 2006 Wind Energy Development Guidelines similarly state that ZTVs take no account of intermittent screening by vegetation or structures and that screening objects may need to be introduced. If the decision relies on the ZTV map for local primary roads without route-specific, field-verified screening, the visual impact on those road users may be misrepresented. The applicant's selection of representative viewpoints is not a substitute for verifying the specific road segments shown as theoretically visible; it could under- or over-state the actual view and therefore prevent the Board from reaching a reasoned conclusion on visual amenity. These wind-farm guidelines are cited only by analogy: they are written for wind farms, not solar farms.
⚠️ Specific deficiency
The applicant's own ZTV map (docid 379177) states 'Calculation does not account for screening due to vegetation, forestry, buildings or any other similar forms of screening.' The LVIA (docid 379215) acknowledges this but then selects only 10 representative viewpoints and 3 cumulative viewpoints along public roads. The cumulative photomontages are annotated 'Proposed Ballymahon Solar Farm not visible from this location', but no equivalent field-verified screening evidence is supplied for every local primary road segment that the ZTV predicts will be visible. The assessor should identify the specific local primary road(s) with ZTV visibility and show, for each affected stretch, the verified screening features and residual view. Without that, the Board may inadvertently rely on a bare-ground map that the guidance says may overstate visibility.
⚖️ Risk to address
Require the applicant to provide route-specific, field-verified screening evidence for every local primary road shown as theoretically visible on the ZTV, rather than relying on a bare-ground ZTV and three cumulative viewpoints; without this, the visual impact on road users cannot be concluded to be acceptable.
📊 Precedent pattern
No directly comparable precedent confirmed in corpus — legal basis stands independently.
📖 Relevant legislation / policy
  • wind energy development guidelines 2006 p.113s28 guideline
    Planning Guidelines
    loss of visual integrity, i.e., still maintain its visual character. The more complex the landscape, the higher the VAC. VPs: View points. VRPs: Viewshed Reference Points. Those locations from where visibility of the proposed wind energy development might be provided. Wire frame/wireline diagram: Computer generated diagrams that illustrate how d
  • SNH Visual Representation of Wind Farms (Version 2.2, February 2017) p.9technical guidance
    Version 2.2 February 2017 — LIMITATIONS
    f intervening elements such as trees, hedgerows or buildings, or small scale landform or ground surface features. In this way, the ZTV can be said to represent a ‘worst case scenario’; that is, where the wind farm could potentially be seen given no intervening obstructions, and in favourable weather conditions (while accepting that the DTM data ca
  • SNH Visual Representation of Wind Farms (Version 2.2, February 2017) p.7technical guidance
    Version 2.2 February 2017 — 2 Zone of Theoretical Visibility Maps
    20 The term ‘Zone of Theoretical Visibility’ (ZTV) is used to describe the area over which a development can theoretically be seen, based on a Digital Terrain Model (DTM) and overlaid on a map base. This was previously known as a Zone of Visual Influence (ZVI), however the term ZTV is preferred for its emphasis of two key factors:  the maps in
  • SNH Visual Representation of Wind Farms (Version 2.2, February 2017) p.4technical guidance
    Version 2.2 February 2017 — 1 Introduction
    4 kilometres away which show more context. Our guidance on assessing small scale wind farms should be referred to. 8 Some aspects of this guidance are prescriptive and must be complied with. A summary of these requirements is provided in Annex B. Other aspects include options, and it is for the landscape assessor to choose the most appropriate
📚 Precedent cases

Detailed assessment

The SNH guidance states: "In this way, the ZTV can be said to represent a ‘worst case scenario’; that is, where the wind farm could potentially be seen given no intervening obstructions, and in favourable weather conditions" (SNH Visual Representation of Wind Farms, LIMITATIONS, pages 9-10). The on-file ZTV map (docid 379177) shows theoretical visibility with the proposed Foighna Solar Farm, but the sample passages do not settle whether vegetation, buildings or field-verified screening were incorporated. The assessor should VERIFY whether the ZTV adequately incorporates screening features or is supplemented by detailed field survey. These wind-farm guidelines are cited only by analogy: they are written for wind farms, not solar farms.

📄 Source documents

  • Other Assessments (docid 379177) — p.1Review this page for evidence related to this finding....! # !¬ ¸ ! 6 5 4 3 2 1 8 9 c2 c3 c1 10 11 605000 610000 615000 620000 755000 760000 765000 Zone of Theoretical Visibility (ZTV) Map indicating areas with a theoretical view of the proposed solar
  • Other Assessments (docid 379146) — p.63Review this page for evidence related to this finding....at and the levels of waterlogging, and magnetometry surveys of peaty areas are most effective when supplemented with concurrent EMI (Electromagnetic Induction) surveys. Given that the bands of pe
  • Other Assessments (docid 379149) — p.82Review this page for evidence related to this finding....review of chiropterological (bat-related) data and habitat suitability within and around the site. Buildings, structures, and trees within the survey area were visually assessed from the ground f

Cases cited

eplanning_LimerickCC_25105

Policy / guidelines cited

SNH Visual Representation of Wind Farms (Version 2.2, February 2017) / Version 2.2 February 2017 p.9

What to watch for

  • Refined ZTV with vegetation, hedgerows, buildings and local screening
  • Field verification at residential receptors and local road viewpoints
  • Cumulative ZTV with Foighna Solar Farm and screening assumptions
  • Clear disclosure of worst-case bare-ground vs actual visibility
Viewpoint 5 winter screen establishment not evidencedTier 2HIGH RISKThe analysis identifies a material visual impact gap on the nearest dwelling, including a 7–15-year adverse effect and permanent mast visibility.

📋 Evidence brief — what we found

🎯 Key evidence
while the greatest views will be experienced from this adjoining residential receptor who will have similar views from their rear and with upper floor rear views looking onto the nearest site lands to the southeast of this property ... the taller lighting masts will remain visible throughout however these are of a very narrow form and backdropped by trees.
— Other Assessments (docid 379215), page 49 — Viewpoint 5: View from R397 at the front entrance of house in Terelicken, looking north-east towards Parcel 2 (Ballymahon Solar Landscape and Visual Appraisal by Cunnane Stratton Reynolds).
🗣️ In plain English
The applicant's landscape appraisal records that the greatest views will be from the adjoining residential receptor, with upper-floor rear views onto the nearest site lands to the southeast, and that the taller lighting masts will remain visible throughout [Other Assessments (docid 379215), p.49]. No Longford County Development Plan provision or solar-specific landscape guidance appears in the available sources, so no more specific statutory requirement is established; the 2013 EIA guidelines template (Appendix 5, p.66) sets out the expected assessment.
📖 Legal basis
No Longford County Development Plan or solar-specific landscape guidance is provided in the available sources, so no more specific statutory or guideline requirement is established from those sources. The 2013 EIA guidelines template (Appendix 5, p.66) usefully illustrates the reasoned landscape assessment expected: the decision-maker should consider 'the character of the landscape in the area... to the fact that there are other structures of similar scale and height located in the general area and to the landscaping proposals submitted' and then distinguish short-term and long-term negative impacts.
📂 What's on file
  • Other Assessments (docid 379215) — contains Ballymahon Solar Landscape and Visual Appraisal by Cunnane Stratton Reynolds, pp.49–54: Viewpoint 5 at Terelicken identifies the adjoining residential receptor as receiving 'the greatest views', including upper-floor rear views, and states the taller lighting masts 'will remain visible throughout'; p.50 classifies the effect as High-Moderate adverse in the medium term (7–15 years) before reducing to neutral in the long term.
  • Visual Assessment Report (docid not supplied) — contains Ballymahon Solar Farm RFI Landscape and Visual Impact Appraisal Addendum, pp.10 and 16: repeats the reliance on future roadside/hedgerow planting to screen views from houses on the R397 and L5527, and for Viewpoint 6 notes potential filtered winter views and partial substation mast visibility through tree-line gaps.
  • Other Assessments (docid 379215) — Further Information Response – Ballymahon Solar + BESS, pp.33–35: summarises residential submissions and applicant replies; the applicant states a full landscape and visual assessment was carried out and 'concluded the impacts are minimal', while for Lisglassock House it says visual impacts 'will be negligible'.
❌ What's missing
The supplied excerpts do not evidence a receptor-specific screen-establishment assessment for the worst-case Viewpoint 5 upper-floor rear-window winter view. The LVIA repeatedly relies on 'overtime' growth of existing hedgerow/proposed boundary planting, but the excerpts do not show a planting specification, height at planting, expected annual growth, establishment period, maintenance/replacement guarantee, or a modelled 'before vs after' sequence for years 1, 5, 10 and 15. They also do not show any photomontage/wireline taken from the upper-floor rear window of the Terelicken dwelling or an assessment of residual impact if that planting fails. The permanent visibility of the tall lighting masts and the conceded 7–15-year adverse effect are acknowledged but not tested against the statutory proper-planning test.
💡 Why this is wrong
The LVIA's own evidence shows the most sensitive residential receptor will bear the greatest visual intrusion, including from upper-floor rear windows, and that the tall lighting masts are effectively permanent in the view. This means the proposal is not visually acceptable at the outset; it is only predicted to become acceptable 'overtime' as planting matures, and even then winter filtered views and mast visibility remain. Reliance on unquantified future growth is not a substitute for demonstrating adequate screening now, and an adverse effect for 7–15 years on a dwelling is a material proper-planning concern under section 34. If the Board accepts this assessment without a receptor-specific screen-establishment and upper-floor winter photomontage, the decision would rest on an incomplete visual evidence base.
⚠️ Specific deficiency
The applicant's landscape assessor (Cunnane Stratton Reynolds) identified the exact problem at Viewpoint 5 but did not resolve it: p.49 concedes 'the greatest views will be experienced from this adjoining residential receptor' with upper floor rear views and permanent mast visibility, while p.50 rates the visual effect as 'High-Moderate' and 'Adverse in the medium term (i.e. 7-15 years)' before relying on planting to mature. The RFI addendum repeats the same generic reliance on roadside hedgerow and tree planting at Viewpoints 9–10 and 6, with no upper-floor winter before/after view. The applicant's FI response summary (p.34) tells residents a full assessment was carried out and impacts are 'minimal' or 'negligible', but the LVIA's own text says 'greatest views' and 'Adverse' — a contradiction the decision-maker cannot ignore.
📊 Precedent pattern
1 refusal on a related ground (eplanning_LimerickCC_25105); too few to establish a pattern.
📖 Relevant legislation / policy
  • Longford County Development Plan 2021-2027 p.169dev plan
    CHAPTER 5: TRANSPORT, INFRASTRUCTURE, ENERGY & COMMUNICATIONS
    (Cited in full above.)
  • guidelines for planning authorities an bord pleanala on carrying out environmental impact assessments march 2013 p.66s28 guideline
    Appendix 5
    Template of decision-maker’s written statement on EIA It is noted that the environmental impact assessment carried out by the (Senior Planner) (Inspector) and reported on in the report dated __________ has been carried out giving full consideration to the environmental impact statement submitted with the application, the additional information
  • wind energy development guidelines 2006 p.43s28 guideline
    Planning Guidelines — 6.3.1 Location The elevation and position of a wind energy development in the context of the character and feature of the landscape. Issues to be addressed include:
    • Consideration of lower ground, where feasible, may be necessary in sensitive landscapes, but otherwise location on ridges and hilltops may be visually acceptable; • Consideration of prominent landcover and structures, or features to which a wind energy development can provide a visual counterbalance; • Management of visual exposure from viewing
  • Climate Action Plan 2024 (CAP24) p.164national policy
    Chapter 5 of CAP23 estimated that an additional ~€119 billion of capital investment would — 12.4 Citizen Engagement
    s from local indigenous renewable energy projects. Countryside access, walking, recreational routes, heritage development, viewing points, education centres, biodiversity initiatives and other pro-active measures at wind and solar farms are helping to successfully
  • Draft Revised Wind Energy Development Guidelines (2019) p.99s28 guideline
    CHAPTER 6 CONSIDERING AN APPLICATION FOR WIND ENERGY DEVELOPMENT- AESTHETIC CONSIDERATIONS IN THE SITING AND DESIGN — 6.4.1 Location
    The elevation and position of a wind energy development in the context of the character and feature of the landscape. Issues to be addressed include:  Consideration of lower ground, where feasible, may be necessary in sensitive landscapes, but otherwise location on ridges and hilltops may be visually acceptable;  Consideration of prominent land
📚 Precedent cases

Detailed assessment

The applicant's Visual Assessment Report acknowledges that "the greatest views will be experienced from this adjoining residential receptor who will have similar views from their rear and with upper floor rear views looking onto the nearest site lands", and that "the taller lighting masts will remain visible throughout however these are of a very narrow form and backdropped by trees." The assessment relies on hedgerow retention and future planting to reduce initial views "overtime". The assessor should verify whether the LVIA and landscape mitigation drawings adequately demonstrate that the arrays and pole-mounted lighting masts will be sufficiently screened from this adjoining residential receptor before mitigation planting establishes, including from upper-floor rear windows and winter views.

📄 Source documents

  • Other Assessments (docid 379215) — p.3Review this page for evidence related to this finding....nt amongst the retained field hedgerow boundaries by strengthening out these field boundaries with additional native hedgerow, tree and shrub type planting. The proposed mix of native planting, f
  • Other Assessments (docid 379215) — p.50Review this page for evidence related to this finding....e mature tree cover within the site and wider surroundings. Some of the electrical infrastructure including the tall narrow vertical lighting masts and the building within the substation compoun
  • Other Assessments (docid 379215) — p.64Review this page for evidence related to this finding....nt amongst the retained field hedgerow boundaries by strengthening out these field boundaries with additional native hedgerow, tree and shrub type planting. The proposed mix of native planting, f

Cases cited

eplanning_LimerickCC_25105

Policy / guidelines cited

none cited

What to watch for

  • Whether upper-floor and winter views from the identified adjoining residential receptor are treated as significant
  • Whether the lighting masts and CCTV columns are assessed as permanent foreground vertical elements with a residual effect acceptable at that receptor
  • Whether mitigation planting density, species and phasing provide effective screening within the early operational years
  • Whether a condition or advanced planting would be required to secure screening before boundary planting matures
Source-specific BESS cooling-fan noise contribution not evidenced for nearest dwellingsTier 2HIGH RISKSource-specific BESS cooling-fan contributions at the nearest dwellings are not evidenced in the supplied excerpts, undermining robustness and verifiability required under OPR PN03, a potentially determinative gap.

📋 Evidence brief — what we found

🎯 Key evidence
the nearest noise sensitive receptors to the proposed development site are also presented in table 11. the range of receptor locations represents the spread of receptors in the vicinity of the site. any properties not identified below are expected to have a lower predicted noise impact from the site due to distance.
— Other Assessments (docid 379217), page 15 — Section 5.3 Predicted Noise Levels
🗣️ In plain English
The OPR Practice Note PN03 — Planning Conditions (October 2022), F. Noise, requires a noise condition to rest on a robust, verifiable assessment submitted with the application, using the nearest sensitive receptor [PN03, 2022] — here, the receptor closest to the plant must be tested. The assessment measures general background noise at two spots and predicts one overall operational noise level at nearby houses [docid 379217]. However, no source-specific prediction of BESS cooling-fan noise at the dwellings nearest the BESS compound and MV station is evidenced in the supplied excerpts: Table 11 gives only a combined operational LAeq per receptor and does not report cooling-fan, inverter or transformer contributions separately against night-time LA90 background (Table 10 lists the 56 battery cooling fans at 84 dB LwA as modelled inputs) [docid 379217].
📖 Legal basis
The OPR Practice Note PN03 — Planning Conditions (October 2022), F. Noise, states that the application of a noise condition should be 'informed by a robust/verifiable noise assessment submitted with the application documentation' and that the assessment should 'use the nearest sensitive receptor (such as the nearest dwelling to the site)'. No specific statutory or guideline noise criterion for solar/BESS cooling-fan noise is established from the available authority sources.
📂 What's on file
  • Other Assessments (docid 379217, 30 pages, Rp003N 2025121 Ballymahon Solar Farm & BESS) — contains the Environmental Noise Survey carried out between 24 June and 1 July 2025 at NML1 and NML2; Tables 5–8 give measured daytime, evening and night-time LAeq and LA90 levels; Table 11 gives predicted construction and operational noise at 51 receptors; Section 6 applies NG4 and concludes the predicted operational noise levels comply with the 45 dB night-time criterion.
  • Other Assessments (docid 379155, Outline Design figures) — Figure 2 shows the BESS compound, proposed substation location (not included in current application), solar farm areas and MV cable route. These discrete source locations are not linked in the noise chapter to the receptor set in Table 11.
❌ What's missing
A source-specific prediction of BESS cooling-fan noise at the dwellings nearest the BESS compound and MV station/connection is not evidenced in the supplied excerpts. The assessment presents only a combined operational LAeq per receptor in Table 11 and does not separately report the contribution of the discrete BESS cooling fans, inverters or transformers against night-time LA90 background at the receptors most exposed to those sources. The only justification for excluding other properties is the distance-based assumption quoted below, but that assumption is not tested against the actual BESS compound and grid connection locations shown in Figure 2. Night-time LA90 background levels are measured at NML1 and NML2, but no representative quietest-period background statistic is derived or used to check BESS fan noise at the specific dwellings nearest those discrete sources.
💡 Why this is wrong
The distance-based assumption treats noise as if it falls off evenly with distance from the site boundary, but BESS cooling fans, inverters and MV stations are discrete point sources with their own closest receptors. A dwelling close to the BESS compound may experience a different night-time noise character and level than a dwelling closer to the site as a whole, and the constant tonal or low-frequency character of BESS fan noise may be more intrusive than a general LAeq number suggests. Because the assessment does not identify and model those discrete sources at the nearest dwellings, the conclusion that all unlisted properties are lower is not robust or verifiable, contrary to the approach in OPR Practice Note PN03.
⚠️ Specific deficiency
The applicant's noise chapter in Other Assessments (docid 379217) measured only two background monitoring locations and then predicted operational noise in Table 11 as a single LAeq per receptor, without separately identifying or predicting BESS cooling-fan noise at the dwellings nearest the BESS compound or MV stations. It then relied on the statement that any properties not listed are expected to have lower noise due to distance, without demonstrating that the receptor set includes the dwellings most affected by the discrete BESS compound and grid connection shown in Figure 2 of docid 379155. It applied the NG4 fixed 45 dB night-time criterion to aggregate operational noise rather than to the specific BESS fan source, and it did not compare BESS fan noise against the measured night-time LA90 background at those closest receptors.
⚖️ Risk to address
Argue that the noise assessment is not robust or verifiable because it fails to separately predict BESS cooling-fan noise at the dwellings nearest the BESS compound and MV station/connection, and it fails to demonstrate that the night-time LA90 background at those dwellings has been adequately captured before concluding compliance with the 45 dB night-time criterion.
📊 Precedent pattern
No directly comparable precedent confirmed in corpus — legal basis stands independently.
📖 Relevant legislation / policy

Detailed assessment

The receptor set in Table 11 is supported only by the statement: "Any properties not identified below are expected to have a lower predicted noise impact from the site due to distance" (Other Assessments, p. 15 of 30). Given the dominant discrete sources such as the BESS compound, MV stations and cable/construction routes, that distance-based assumption is not self-evident and should be tested against the actual BESS compound and grid connection locations. The assessor should verify that baseline ambient surveys capture the quietest night-time periods and that every noise-sensitive location likely to be most affected by BESS/connection noise is included.

📄 Source documents

  • Other Assessments (docid 379174) — p.50Review this page for evidence related to this finding....a substation. The outline design positions the substation at a suitable distance from residential properties to minimise potential noise impacts. Construction related noise will be temporary a
  • NIS (docid 379227) — p.13Review this page for evidence related to this finding....ical specifications will be agreed with Longford County Council prior to construction. 1.3.4 Grid Connection and Substation How the Solar Farm and BESS compound facility will connect to the tran
  • Conservation Report — p.263Review this page for evidence related to this finding....ld be noted that the proposed on-site substation, which forms an integral part of the overall grid connection strategy, is subject to a separate planning application to An Coimisiún Pleanála. The

Cases cited

none cited

Policy / guidelines cited

guidelines for planning authorities an bord pleanala on carrying out environmental impact assessments march 2013 / 5 p.26

What to watch for

  • Whether receptors near the BESS compound and along R397/L5527 are captured
  • Whether night-time baseline monitoring represents the quietest relevant periods
  • Whether directional screening/bunding around the BESS compound is modelled
Glint and glare receptors beyond 500m not identifiedTier 2HIGH RISKThe glint/glare assessment's 500m receptor cutoff, exclusion of local roads, and unexplained revision leave receptor coverage and the basis for the changed roadway results unevidenced.

📋 Evidence brief — what we found

🎯 Key evidence
for the residential and roadway receptors, a 500m search radius from the boundary of the proposed pv arrays was used. ... the 500m search radius resulted in 71 dwellings being brought forward for assessment. ... local roads within the buffer zone were not included due to the low level of traffic and slower speeds on these roads.
— Glint and Glare Report Ballymahon Solar Farm and BESS, March 2026 (docid 386931), pp.29–30 — Methodology / Study Area Selection and Roadway Receptor Identification
🗣️ In plain English
The report used a 500 m search radius from the proposed PV array boundary for residential and roadway receptors and brought 71 dwellings forward for assessment [docid 386931, pp.29–30]. Longford County Development Plan 2021-2027, Ch.5, p.169 requires a glint and glare report on adjoining roads and dwellings, so the application must provide that report.
📖 Legal basis
Longford County Development Plan 2021-2027, Chapter 5, p.169 requires that development proposals consider ‘glint and glare and the potential impact on the adjoining road networks and dwellings through the submission of an associated report’. The Spatial Planning and National Roads Guidelines for Planning Authorities (2012), p.36 states: ‘Inappropriate building design or materials can also reflect light in a manner that may result in adverse effects on safety. The use of highly reflective building surfaces, such as glass, in situations where they are likely to reflect car headlights can impair drivers’ vision and cause distraction and thus create confusion and have adverse effects on road safety.’ These are material considerations in deciding the application in accordance with proper planning and sustainable development of the area.
📂 What's on file
  • Glint and Glare Report Ballymahon Solar Farm and BESS, August 2025 (docid 379150, 51 pages, by LINT for Ballymahon BNRG Limited) — sets a 500m search radius for residential and roadway receptors; identifies 71 dwellings and 242 roadway observation points; excludes local roads within 500m because of low traffic/slower speeds; Table 5 reports no roadway receptor with daily maximum glare over 5 minutes, calling it negligible.
  • Glint and Glare Report Ballymahon Solar Farm and BESS, March 2026 (docid 386931, 53 pages, by LINT) — revised version retaining the 500m search radius, 71 dwellings and 242 roadway observation points; Table 5 now shows daily maximum roadway glare up to 18 minutes, described as ‘low impact’; local roads within the buffer are still excluded.
❌ What's missing
Not evidenced in the supplied excerpts: any receptor identification or screening between 500m and 1km; any justification or screening analysis showing topography/vegetation blocks visibility beyond 500m; any reassessment of the local roads excluded within 500m, including the effect on pedestrians/cyclists or local residential traffic; and no reconciliation of the changed roadway glare durations between the August 2025 and March 2026 versions. The 500m search radius is presented as the study area selection but the adequacy of that cut-off for a 111.1 ha solar farm is not demonstrated.
💡 Why this is wrong
A glint and glare assessment that stops at 500m, may undercount both residential receptors and road users. Reflected sunlight from PV panels can be a distraction or nuisance beyond 500m, so the developer needs to justify excluding the 500m–1km band with site-specific topographic/vegetation screening — not simply define it away. The explicit exclusion of local roads within 500m means part of the public road network was never tested for dazzle, even though the Spatial Planning and National Roads Guidelines warn that reflective surfaces can impair drivers’ vision and cause road safety harm. A technical assessment that leaves out potentially affected receptors is not a complete basis for concluding no significant glint/glare effects.
⚠️ Specific deficiency
The applicant’s LINT report (March 2026, docid 386931, p.29) states: ‘For the residential and roadway receptors, a 500m search radius from the boundary of the proposed PV Arrays was used.’ It then reports 71 dwellings and 242 roadway points within that 500m (pp.29–30), but does not evidence any search between 500m and 1km. The report also states on p.30: ‘Local roads within the buffer zone were not included due to the low level of traffic and slower speeds on these roads,’ so those public roads were not assessed for glare hazards. There are two versions on file: the August 2025 version (docid 379150) found no roadway receptor over 5 minutes’ daily glare and called it negligible, while the March 2026 version (docid 386931) found daily maximums up to 18 minutes and described them as low impact — an unexplained change that the planner should have probed.
⚖️ Risk to address
Argue that the glint and glare report is incomplete because it limits residential and roadway receptors to a 500m radius without justifying exclusion of the 500m–1km zone and excludes local roads within that buffer; ABP should require a supplementary study covering all receptors and public roads up to at least 1km before determining the appeal.
📊 Precedent pattern
No directly comparable precedent confirmed in corpus - documentary evidence stands on its own.
📖 Relevant legislation / policy
  • Longford County Development Plan 2021-2027 p.169dev plan
    CHAPTER 5: TRANSPORT, INFRASTRUCTURE, ENERGY & COMMUNICATIONS
    nfluence’ and visual impact of the structures. ▪ Glint and glare and the potential impact on the adjoining road networks and dwellings through the submission of an associated report. ▪ Road access and impact on the road network serving the site
  • OPR Practice Note PN03 — Planning Conditions (October 2022) p.98technical guidance
    97 OPR Practice Note PN03 Additional Notes Sub-Heading Condition Ref No. Sample Condition Wording Sample Reason Post- Permission Compliance Required For the avoidance of doubt this glint and glare condition relates solely to road users and traffic safety. A separate condition dealing with glint and glare in the vicinity of airports, aerodromes
📚 Precedent cases

Detailed assessment

The Glint and Glare Report states that "A search radius of 500m was used to identify any sensitive receptors" and that "71 residential receptors, with a total of 278 views were identified and analysed" (Glint and Glare Report, March 2026, p.8). The assessor should assess whether a 500m screening radius is adequate to capture all residential receptors with potential glint/glare visibility, as long-range reflections beyond 500m from a c.700,000 sqm panel area may still be perceptible. The report should justify any exclusion of receptors between 500m and 1km and demonstrate that intervening topography or vegetation blocks visibility.

📄 Source documents

  • Other Assessments (docid 379149) — p.140Review this page for evidence related to this finding....nfrastructure. CPO 13.14: Require significant and large new development or extensions (multiple residential developments, retail, industrial, mineral extraction, renewable etc) (at the discret
  • Other Assessments (docid 379150) — p.20Review this page for evidence related to this finding....Local roadway was identified to the west of the northern parcel of the proposed development - 71 residential receptors were identified and analysed, with views from each that could potentially
  • Other Assessments (docid 379215) — p.3Review this page for evidence related to this finding....est effects were experienced by the views within very close proximity to the site which may affect residential or recreational receptors. However, many of these viewpoints and receptors views of t

Cases cited

eplanning_LimerickCC_25105

Policy / guidelines cited

none cited

What to watch for

  • 500m search radius versus the 1km residential receptor count
  • Justification for excluding receptors between 500m and 1km
  • Terrain and vegetation screening assumptions
  • Receptor identification method used (viewshed/line-of-sight)
Abbeyshrule Airfield safeguarding surfaces not modelledTier 2HIGH RISKThe glint/glare report models only the two 2-mile approach paths for aviation receptors and shows no Irish Aviation Authority consultation.

📋 Evidence brief — what we found

🎯 Key evidence
abbeyshrule airfield runway 10 2 mile approach path; runway 28 2 mile approach path ... there are two separate receptor types requiring analysis for this facility - aviation receptors and ground receptors, as outlined in table 1. the aviation receptors in the form of 2-mile runway approaches to the runway at abbeyshrule airfield are shown in figure 5.
— Glint and Glare Report Ballymahon Solar Farm and BESS, August 2025 (docid 379150), page 8 — 'Receptors' / Table 1 and following text. The same wording appears in the March 2026 version (docid 386931), page 8.
🗣️ In plain English
Solar panels can throw bright reflections into drivers' and pilots' eyes [docid 379150, p.8]. The report checks only the two 2-mile straight-in approach paths to Abbeyshrule Airfield's runways, does not model other flight procedures, and uses a 500m ground/road search radius, not 1km, so receptors between 500m and 1km are not assessed [docid 379150, p.8]. It does not show Irish Aviation Authority consultation [docid 379150, p.8]. Longford County Development Plan 2021-2027 requires a glint and glare report covering adjoining road networks and dwellings [Longford CDP 2021-2027, Ch.5, p.169], and OPR Practice Note PN03 (October 2022) addresses a separate glint and glare condition for airports and aerodromes [OPR PN03 (2022), p.98]. The practical effect is that the application must cover road and dwelling receptors, and the decision-maker should consider a separate aviation condition. This leaves a safety and legal gap.
📖 Legal basis
Longford County Development Plan 2021-2027, Chapter 5, p.169 states that solar farm proposals must address 'Glint and glare and the potential impact on the adjoining road networks and dwellings through the submission of an associated report.' OPR Practice Note PN03 (October 2022), p.98 states: 'A separate condition dealing with glint and glare in the vicinity of airports, aerodromes and/or helipads may be warranted depending on the location of the site and following consultation with the Irish Aviation Authority.' The Spatial Planning and National Roads Guidelines for Planning Authorities (2012), section 254, p.36 states: 'Inappropriate building design or materials can also reflect light in a manner that may result in adverse effects on safety.' The Board must decide in accordance with the proper planning and sustainable development of the area, weighing all material considerations including aviation and road safety.
📂 What's on file
  • F I Received Doc (docid 386931) containing the Glint and Glare Report Ballymahon Solar Farm and BESS, March 2026 — pages 7–10, 22–23 and 29. It identifies Abbeyshrule Airfield as the only aviation receptor in scope using Solar Safeguarding Zones within 20km, lists only runway 10 and runway 28 2-mile approach paths as aviation receptors, and applies a 500m search radius for residential and road receptors.
  • Other Assessments (docid 379150) containing the Glint and Glare Report Ballymahon Solar Farm and BESS, August 2025 — pages 6–10, 27–29. Table 1 on p.8 lists aviation receptors as Runway 10 and Runway 28 2-mile approach paths only, and p.10 concludes that 'there is potential for glare predicted for the aviation receptors at Ballymahon, Co. Longford, namely the 2 mile approaches, but the potential for hazardous glare to be experienced is negligible.'
❌ What's missing
The aviation receptor identification is present but under-scoped: it addresses only the two 2-mile straight-in approach paths to Abbeyshrule Airfield's runways and does not model aerodrome safeguarding surfaces, departure paths, circuit heights, missed approach procedures, or other flight procedures. The ground/road receptor search radius is 500m, not 1km, so receptors between 500m and 1km are not identified or justified; local roads are excluded on a broad 'low traffic, slower speeds' basis.
💡 Why this is wrong
The report's aviation conclusion is built on only the two 2-mile straight-in approach paths. Without modelling safeguarding surfaces, circuit patterns, departure and missed approach tracks, the report cannot speak to pilots on those tracks, so its 'negligible' conclusion is under-scoped. A decision that relies on this report is vulnerable to challenge.
⚖️ Risk to address
Require the applicant to revise the glint and glare assessment to model all Abbeyshrule aerodrome safeguarding surfaces, departure and circuit paths, and to submit the Irish Aviation Authority consultation response; otherwise aviation and road safety conclusions cannot be accepted.
📊 Precedent pattern
No directly comparable precedent confirmed in corpus - documentary evidence stands on its own.
📖 Relevant legislation / policy
📚 Precedent cases

Detailed assessment

The study lists "Abbeyshrule Airfield Runways" as aviation receptors. The assessor should assess whether the aviation analysis adequately covers all relevant aerodrome safeguarding surfaces, approach and departure paths, circuit heights and potentially affected flight procedures, and whether the Irish Aviation Authority was consulted. OPR PN03 states that "A separate condition dealing with glint and glare in the vicinity of airports, aerodromes and/or helipads may be warranted depending on the location of the site and following consultation with the Irish Aviation Authority." If the study relies solely on runway locations rather than modelled flight paths, the aviation safety conclusion may be under-scoped.

📄 Source documents

  • Other Assessments (docid 379150) — p.55Review this page for evidence related to this finding....PV installation on aviation interests.” 7 More recently, Civil Aviation Publication 738, entitled “Safeguarding of Aerodromes”8 was updated in 2020 and the policy refers to US FAA research and g
  • F I Received Doc (docid 386931) — p.58Review this page for evidence related to this finding....PV installation on aviation interests.” 6 More recently, Civil Aviation Publication 738, entitled “Safeguarding of Aerodromes”7 was updated in 2020 and the policy refers to US FAA research and g
  • Other Assessments (docid 379142) — p.12Review this page for evidence related to this finding....(Hons), MSc, MIEI, MIAAI 22. Environment Officer Comments – report attached to this letter. Main conclusions and comments identified as follows: Decommissioning report to be provided for end

Cases cited

eplanning_LimerickCC_25105

Policy / guidelines cited

none cited

What to watch for

  • Irish Aviation Authority consultation trail
  • Approach and departure path modelling
  • Runway threshold and touch-down zone assessment
  • Screening for helipads or other aviation facilities
No consolidated grid connection corridor planTier 2HIGH RISKInconsistent cable routes and absent ESB/EirGrid confirmation create a completeness gap in the assessed grid connection corridor.

📋 Evidence brief — what we found

🎯 Key evidence
the proposed mv cable route connecting the north and south blocks will follow roads (l5527) and (r397) for c. 1.5km. the grid connection cable route from the south block to the existing ballymahon substation follows roads (r397) and (r392) for c. 2.3km.. ... as per the submitted plans, the solar farm blocks that do not directly adjoin each other will be connected by means of a 33 kv underground cable that will be laid in the identified public roads (c 1.4 km of cabling). ... the northern and southern blocks are to be connected via a c. 1.5km long mv cable which will follow the line of existing roads (l5527) and (r397). the southern block will be connected to the existing ballymahon 38kv substation via a c. 2.3km long hv cable, which will follow the line of existing roads (r397) and (r392).
— NIS (docid 379227), pages 13–14 — Section 1.3.5 Underground Cabling and Section 1.3.6 Site Access
🗣️ In plain English
The planning authority must decide in accordance with the proper planning and sustainable development of the area and have regard to material considerations. In practice, it needs a fixed route to identify affected land, roads, hedgerows and residents and impose accurate conditions. The application gives different underground cable lengths and routes — 1.8 km, 1.5 km, 1.4 km, and a repeated older 2.3 km route [NIS, pp.13–14].
📖 Legal basis
the planning authority/Board must decide in accordance with the proper planning and sustainable development of the area and have regard to material considerations. Housing for All 2021, p.141, and Electricity Storage Policy Framework for Ireland 2024, p.19, explain the roles of EirGrid (operating/planning the transmission system) and ESB Networks (distribution and transmission network ownership/operation), making confirmation of connection feasibility by those operators a material consideration. Draft Revised Wind Energy Development Guidelines 2019, p.47 (non-binding guidance) indicates grid connection corridors are a legitimate scoping item. No more specific statutory requirement for a capacity confirmation or road-opening consent is established from the available sources. These wind-farm guidelines are cited only by analogy: they are written for wind farms, not solar farms.
📂 What's on file
  • EIA Screening Report (docid 379174, pp.25–27) — states the proposed MV cable route connecting Parcel 1 to Parcel 3 will follow public roads L5527 and R397 for approximately 1.8 km, says the grid connection will be determined with EirGrid and that the substation/grid connection will be the subject of a future SID application, but no capacity confirmation is evidenced.
  • NIS (docid 379227, pp.13–14) — contains inconsistent route descriptions: c.1.5 km MV cable, c.2.3 km grid connection to Ballymahon, c.1.4 km of road cabling, and later repeats the 1.5 km/2.3 km figures in Site Access.
  • ECR (docid 379149, pp.26–27 and 42–43) — gives 1.8 km on p.26, then describes a 1.5 km MV cable and a 2.3 km HV cable on p.42, before switching to a revised 110 kV loop-in connection with no full linear corridor length stated.
  • Planning Statement (docid 379163, p.26) — lists 'underground cabling and ducting, comprising approximately 1.8 km along the R397 and L5527 public roads'.
  • CEMP (docid 379170, p.22) — says 33 kV underground interconnector cabling along identified public roads is about 1.8 km; the section on UGC installation on public roads exists but the excerpted methodology is generic.
  • DPR (docid 379158, p.16) — repeats the about 1.8 km 33kV interconnector cabling figure.
  • Community Engagement Statement (docid 379176, pp.15–16) — records Pager Power's telecommunications-link consultation with ESB (not a grid capacity enquiry); no EirGrid capacity confirmation is recorded.
  • Other Assessments (docid 379142) — records road/Uisce Eireann engagement, notes 75mm water pipes on the R397 requiring approval, but contains no ESB Networks/EirGrid confirmation or road opening consent mechanism.
❌ What's missing
The supplied excerpts do not show any single consolidated linear grid connection corridor plan that ties together the 1.8 km / 1.5 km / 1.4 km figures, identifies joint bays, road crossings, private-land sections, and the indicative 110kV loop-in connection, or maps the full extent against the application boundary. Capacity confirmation from ESB Networks/EirGrid is not evidenced in the supplied excerpts, and the road opening licence is described only as procedures 'to be agreed with Longford County Council' with no consent evidenced. The NIS/ECR route descriptions are internally inconsistent and should be reconciled before any decision.
💡 Why this is wrong
Planning authorities can only grant permission for a development whose extent is defined and assessable. Here the same application describes the interconnecting/grid cabling as 1.8 km (EIA Screening Report and CEMP), c.1.5 km and c.2.3 km (NIS and ECR), and c.1.4 km (NIS) in different places, without a single consolidated corridor. The Board must weigh all material considerations, including the roles of EirGrid and ESB Networks as described in Housing for All p.141; because the supplied excerpts show no written capacity confirmation and no road-opening consent evidenced (only 'procedures to be agreed with Longford County Council'), the Board cannot be satisfied that the likely effects of the full cable route have been assessed. The documents themselves state that the substation and grid connection will be the subject of a future SID application, which makes a consistent 'one project' corridor assessment essential, not optional.
⚠️ Specific deficiency
The applicant's own documents contradict each other: the EIA Screening Report (docid 379174, p.26) and CEMP (docid 379170, p.22) state the MV cable route along R397/L5527 is 'approximately 1.8 km', while the NIS (docid 379227, pp.13-14) states 'c. 1.5km' for the same north-south link, 'c 1.4 km' for road cabling, and also retains a 'c. 2.3km' HV route to Ballymahon. The ECR (docid 379149, pp.26-27, 42-43) repeats both the 1.8 km figure and the original 1.5/2.3 km scheme before switching to a revised 110 kV loop-in with no total route length; no drawing reconciles joint bays, road crossings, private-land sections and the loop-in against the red-line boundary. No EirGrid or ESB Networks grid-capacity correspondence is evidenced in the supplied excerpts. The EIA Screening Report and ECR both defer final electrical configuration to construction or agreement with the council, leaving the physical development undefined.
⚖️ Risk to address
There is no consistent, complete grid connection corridor or written confirmation from ESB Networks/EirGrid on the file; the Board should not grant permission while the route length and affected lands/roads are undefined, and should require a single consolidated corridor plan including joint bays, road crossings, private land and the 110 kV loop-in, plus the required road opening licence/consent strategy, before determination.
📊 Precedent pattern
No directly comparable precedent confirmed in corpus — legal basis stands independently.
📖 Relevant legislation / policy
  • Housing for All 2021 p.141national policy
    Target rent rates below market value 25% AT LEAST — 5.6.3 Roll Out Timely Electricity Network Connections
    The infrastructure of wires and cables around the country is divided into the transmission network and the distribution network. EirGrid is responsible for operating and planning the development of the transmission system and ESB Networks is responsible for the operation, maintenance and development of the electricity distribution network in Irela
  • Climate Action Plan 2024 — Annex of Actions p.31national policy
    EL │Electricity — Q4 2024 DECC -
    EL/24/11 Implement Hybrid Connection Roadmap As per headline action Hybrid Connections to grid possible Q4 2024 CRU (Reporting lead: DECC) ESBN, EirGrid 31 Climate Action Plan 2024 Annex of Actions
  • National Energy Security Framework 2022 p.24national policy
    3 Structures and Governance — (Natural Gas & Electricity)
    Grid, working closely with ESB Networks, manages any disruptions to electricity supply in Ireland. There are number of alert levels that EirGrid can declare on the electricity system: • An Alert State occurs when the potential loss of a single generator/interconnector could
  • Electricity Storage Policy Framework for Ireland 2024 p.26national policy
    Transition — 2.1.2 Electricity storage in grid build-out
    As Ireland progresses along its energy transition pathway, an increase in renewable generation will necessitate a parallel growth of transmission and distribution infrastructure in order to meet future supply and demand and system requirements. The approaches of both of Ireland’s System Operators to developing a ‘fit for purpose’ grid system are
  • Ireland's National Energy and Climate Plan 2021-2030 (final updated 2024) p.381national policy
    Measures — 66.6 GWh/d
    EU), while also lowering the price of electricity. The Greenlink Interconnector, between Wexford and Wales is expected to be commissioned by the end of 2024. Greenlink is a subsea and underground electricity interconnector cable (with two associated converter stations) linking the existing electricity grids in Ireland and GB and has a nominal ca

Detailed assessment

Route length and assessment scope are not consistent on the face of the submitted text. The project description gives 1.8 km underground cabling along the R397/L5527, while the NIS separately identifies “The proposed MV cable route connecting the north and south blocks will follow roads (L5527) and (R397) for c. 1.5km” and “The grid connection cable route from the south block to the existing Ballymahon Substation follows roads (R397) and (R392) for c. 2.3km..” (NIS p.13). The assessor should verify that the EIAR/NIS/drawings consistently define the total linear corridor, including joint bays, road crossings, private-land sections and the indicative 110kV loop-in connection, so that no cable section falls outside the assessed application boundary or is deferred without assessment.

📄 Source documents

  • NIS (docid 379227) — p.14Review this page for evidence related to this finding.Ballymahon Solar Farm Appropriate Assessment Screening and Natura Impact Statement 13 784-B071661 GP-TEM-006-02 The proposed substation and grid connection will be subject to a future Strateg
  • Other Assessments (docid 379149) — p.43Review this page for evidence related to this finding.Page 43 of 193 ECR Ballymahon Solar Farm Lanesborough–Mullingar 110 kV overhead transmission line. This approach will involve the construction of a new onsite 110 kV substation and a short section
  • Other Assessments (docid 379163) — p.59Review this page for evidence related to this finding.Page 59 of 60 Planning Statement Ballymahon Solar Farm & BESS 6 SUMMARY AND CONCLUSION The Ballymahon Solar Farm comprises approximately 111.1 ha, divided into a northern block (Parcel 1)

Cases cited

none cited

Policy / guidelines cited

none cited

What to watch for

  • Reconciliation of the 1.5 km / 1.8 km / 2.3 km route lengths
  • Inclusion of all MV and 110kV cable sections within the red line and EIAR/NIS study area
  • Treatment of the loop-in 110kV corridor and future SID as one project
  • Location and assessment of joint bays, road crossings and private-land sections
No grid connection offer or capacity confirmationTier 2HIGH RISKThe deferred grid connection and unsurveyed road cable corridor leave whole-project feasibility and environmental effects unassessed.

📋 Evidence brief — what we found

🎯 Key evidence
the proposed substation and associated loop-in connection will be the subject of a separate strategic infrastructure development (sid) planning application to an bord pleanála. as such, the details outlined in this section are indicative only and will be confirmed at a later stage as part of the separate planning process.
— CEMP Ballymahon Solar + BESS, File No. 1249 (docid 379170), page 77 — Section 6.6 110kV Loop-In Connection
🗣️ In plain English
Longford County Development Plan 2021-2027, CPO 5.123 (p.164) states that a proposal that undergrounds cables should demonstrate it minimises environmental impacts, including habitat loss from removing field boundaries and hedgerows during right-of-way preparation and from topsoil stripping [CPO 5.123, Longford County Development Plan 2021-2027]. In practice, the application must show how cable route preparation avoids or reduces hedgerow loss and soil disturbance.
📖 Legal basis
Longford County Development Plan 2021-2027, CPO 5.123 (p.164) states: “Where undergrounding of cables is being pursued, proposals should demonstrate that environmental impacts including the following are minimised: • Habitat loss as a result of removal of field boundaries and hedgerows (right of way preparation) followed by topsoil stripping (to ensure machinery does not destroy soil structure and drainage properties); • Short to medium term impacts on the landscape where, for example, hedgerows are encountered; • Impacts on underground archaeology; • Impacts on soil structure and drainage; • Impacts on surface waters as a result of sedimentation.” Draft Revised Wind Energy Development Guidelines 2019 (draft, not adopted; a material consideration only, not binding), §4.7.4 (pp.49-50) — though wind-specific and advisory — states that the application(s) for the wind energy development and the grid connection “must address the direct effects and any short, medium and long term, permanent and temporary, positive and negative, indirect, secondary cumulative and transboundary effects of the whole project, i.e. the wind energy development and the grid connection,” and, where grid connection is separate, permission should be conditioned so that no works commence without separate planning permission for the grid connection first being obtained. Separately, the applicant’s own documents state the proposed 110kV loop-in connection is to be the subject of a future SID application to An Coimisiún Pleanála.
📂 What's on file
  • CEMP Ballymahon Solar + BESS, File No. 1249 (docid 379170) — Sections 6.5.1 and 6.5.2 give generic trenching details for public roads and grassland, while Section 6.6 states the proposed substation and loop-in connection will be a separate SID application and the details are indicative only.
  • Ballymahon Solar Farm Appropriate Assessment Screening and Natura Impact Statement (docid 379227) — Sections 1.3.5 and 1.3.6 describe MV cabling of c.1.5km along L5527 and R397, HV cabling of c.2.3km along R397 and R392, and state the laying of cabling will be subject to road opening license procedures to be agreed with Longford County Council.
  • ECR Ballymahon Solar Farm (docid 379149) — Sections 2.3.3, 2.5 and 3.4 state the connection method “will be determined by the Transmission System Operator (TSO), EirGrid,” describe the revised loop-in route, and say the public-road MV cable will be subject to road opening licence procedures; no executed connection agreement is evidenced.
  • EIA Screening Report Ballymahon Solar + BESS Farm (docid 379174) — Section 2.2.3 repeats that the method will be determined with EirGrid and the route details are future SID; Section 2.2.4 gives the MV cable route as c.1.8km along L5527 and R397.
  • Community Engagement Statement (docid 379176) — Pages 14-15 record that Uisce Éireann confirmed the presence of 75mm water pipes within the R397 and that this “will require further confirmation and coordination prior to the commencement of works,” so the route constraint remains unresolved.
  • Conservation Report (no docid) — states the 50m buffer and lands adjacent to the proposed MV cable route along L5527 and R397 fall outside the client’s ownership and “were not included” in the relevant survey area, meaning the cable corridor itself has not been fully surveyed.
  • BESS report Ballymahon Solar + BESS (docid 379152) — Pages 6-7 list installation of approximately 1.8km of underground cabling along the R397 and L5527 public roads as part of the development.
❌ What's missing
The grid connection analysis is present but inadequate because no ESB Networks/EirGrid connection offer, capacity confirmation or approved route agreement is evidenced in the supplied excerpts. The public-road cable corridor is not assessed as a distinct linear area with route-specific hedgerow/road-verge severance, topsoil stripping, watercourse crossing, archaeological constraint or cumulative road-works effects; the only relevant ecological survey note says the adjacent road lands were outside the survey area. The materials also contain inconsistent cable lengths (c.1.5km, c.1.8km, c.2.3km) and expressly defer final design, micro-siting and third-party consents, so adequacy cannot be demonstrated.
💡 Why this is wrong
The application makes the project’s operation conditional on a future SID approval for the 110kV loop-in connection and substation, but no ESB Networks/EirGrid connection agreement or capacity confirmation is provided, so the Board cannot verify that the development is deliverable or that its grid effects have been assessed. The public-road cable route is not treated as a distinct linear assessment unit: the Conservation Report says lands adjacent to L5527 and R397 were outside ownership and not surveyed, so habitat loss/hedgerow severance, archaeology, soil structure and drainage, and sedimentation effects cannot be minimised as CPO 5.123 requires. Leaving the grid connection to a later process prevents the whole-project assessment described in the Draft WEDG and section 34 proper-planning test. A comparable survey-adequacy concern led ABP in PL17-311536 to refuse on NIS grounds because limited field surveys meant the conclusions could not be relied upon; here the Board would be deciding without a surveyed cable corridor. The decision would therefore be vulnerable to challenge for failing to consider all material planning matters and for approving an incomplete project.
⚠️ Specific deficiency
The applicant/planning documents expressly defer the grid connection. CEMP (docid 379170, p.77 §6.6) states the loop-in connection details are “indicative only and will be confirmed at a later stage”; ECR (docid 379149, p.26 §2.3.3) says the method “will be determined by the Transmission System Operator (TSO), EirGrid” rather than providing an executed agreement; ECR (docid 379149, p.42-43 §3.4) shows an initial route was abandoned due to underground water services and a revised loop-in route was chosen; NIS (docid 379227) and ECR both state the public road cabling “will be subject to the road opening license procedures to be agreed with Longford County Council” rather than evidencing consent. The Conservation Report then admits that the lands adjacent to the proposed cable roads were outside ownership and not included in surveys, confirming that the linear corridor baseline is missing. The assessor should have required a route-specific CPO 5.123 assessment and a condition preventing solar-farm works until the separate grid connection approval is obtained.
⚖️ Risk to address
The objector should argue that permission must be refused, or at minimum conditioned so that no solar-farm works commence before the section 182A/SID grid connection approval is obtained and a route-specific CPO 5.123 assessment of the public-road cable corridors is completed, because the Board cannot otherwise be satisfied the whole project is feasible or environmentally acceptable.
📊 Precedent pattern
No directly comparable precedent confirmed in corpus — legal basis stands independently.
📖 Relevant legislation / policy
  • Housing for All 2021 p.141national policy
    Target rent rates below market value 25% AT LEAST — 5.6.3 Roll Out Timely Electricity Network Connections
    See Housing for All 2021, Target rent rates below market value 25% AT LEAST, 5.6.3 Roll Out Timely Electricity Network Connections, cited in full above.
  • Climate Action Plan 2024 — Annex of Actions p.31national policy
    EL │Electricity — Q4 2024 DECC -
    See Climate Action Plan 2024 — Annex of Actions, EL │Electricity, Q4 2024 DECC -, cited in full above.
  • National Energy Security Framework 2022 p.24national policy
    3 Structures and Governance — (Natural Gas & Electricity)
    See National Energy Security Framework 2022, 3 Structures and Governance, (Natural Gas & Electricity), cited in full above.
  • Electricity Storage Policy Framework for Ireland 2024 p.26national policy
    Transition — 2.1.2 Electricity storage in grid build-out
    See Electricity Storage Policy Framework for Ireland 2024, Transition, 2.1.2 Electricity storage in grid build-out, cited in full above.
  • Ireland's National Energy and Climate Plan 2021-2030 (final updated 2024) p.381national policy
    Measures — 66.6 GWh/d
    See Ireland's National Energy and Climate Plan 2021-2030 (final updated 2024), Measures, 66.6 GWh/d, cited in full above.

Detailed assessment

The cable corridor should be assessed as a distinct linear area, not only as part of the solar/BESS site-wide baseline. Longford CPO 5.123 requires undergrounding proposals to demonstrate that habitat loss from field boundary/hedgerow removal, topsoil stripping, soil structure/drainage, archaeology and sedimentation are minimised. Although the 2019 Draft WEDG (draft, not adopted; a material consideration only, not binding) is wind-specific and advisory, it states the application(s) “must address the direct effects and any short, medium and long term, permanent and temporary, positive and negative, indirect, secondary cumulative and transboundary effects of the whole project, i.e. the wind energy development and the grid connection.” The assessor should scrutinise hedge/road-verge severance, watercourse crossings, archaeological constraint buffers and cumulative road-works effects along R397, L5527 and R392.

📄 Source documents

  • Other Assessments (docid 379146) — p.91Review this page for evidence related to this finding.Shanarc Archaeology Ltd. Ballymahon Solar Farm and BESS, Co. Longford 25R0341 - Ge
  • Other Assessments (docid 379152) — p.8Review this page for evidence related to this finding....lating topography, existing field boundaries, hedgerows, and minor watercourses. The proposed grid connection will link the development to the existing Lanesborough– Mullingar 110 kV overhead circ
  • Other Assessments (docid 379149) — p.20Review this page for evidence related to this finding....lating topography, existing field boundaries, hedgerows, and minor watercourses. The proposed grid connection will link the development to the existing Lanesborough– Mullingar 110 kV overhead circ

Cases cited

none cited

Policy / guidelines cited

Draft Revised Wind Energy Development Guidelines (2019) / CHAPTER 4 SUBMITTING A PLANNING APPLICATION FOR WIND ENERGY DEVELOPMENT p.50

What to watch for

  • Linear corridor assessment of hedgerow and road-verge losses
  • Watercourse/drain crossings and sedimentation controls
  • Recorded monument/archaeological buffer interactions along road corridors
  • Cumulative effects with road reinstatement and traffic management works
Operational lighting management plan and night-time impact study not evidencedTier 2HIGH RISKNo dedicated operational lighting management plan or night-time lighting impact assessment is evidenced; the BESS report describes limited PIR-controlled security lighting at the substation compound (stated as designed to ILP GN01:2021) only in general terms, with no lux or light-spill figures at dwellings.

📋 Evidence brief — what we found

🎯 Key evidence
in relation to the proposed security system, all proposed cctv cameras are required for site security purposes and are designed and positioned to avoid any impact on residential amenity. all cameras are inward-facing, directed towards the solar pv infrastructure, and are not oriented towards any existing dwellings.
— Further Information Response - Ballymahon Solar + BESS (docid 386928), p.16 — security/CCTV response.
🗣️ In plain English
The applicant says the CCTV will not affect neighbours because the cameras are inward-facing, but that deals only with where the lens points, not with the light the security system gives off at night [Further Information Response - Ballymahon Solar + BESS, docid 386928, p.16]. The applicant confirms that all cameras are inward-facing and directed at the solar PV infrastructure [docid 386928, p.16]. The Eastern and Midland Regional Assembly RSES 2019-2031 (p.155) states that inappropriate or excessive artificial light, especially blue light, can harm wildlife, particularly nocturnal species, and human health through sleep disruption; the practical effect is that the Board must weigh light trespass and night-time emissions, not camera orientation alone. The BESS report (s.5.1.4) describes limited PIR-controlled LED security lighting at the substation compound but gives no lux figures at nearby dwellings, and no lighting management plan or night-time lighting impact assessment was located in the supplied applicant documents, so the Board cannot treat the lighting impacts as minimal on the present material [docid 386928, p.16].
📖 Legal basis
The Eastern and Midland Regional Assembly RSES 2019-2031 (p.155) states that “Artificial light is important for businesses, homes, roads and recreational purposes, however the inappropriate or excessive use of artificial light – especially blue light – can be harmful to wildlife, particularly nocturnal species and on human health due to sleep disruption.” It identifies “light trespass (where light falls where it is not intended)” and “light glare” as forms of light pollution. The Longford County Development Plan 2021-2027 (Chapter 5, p.169) requires an associated report for “glint and glare and the potential impact on the adjoining road networks and dwellings”; no more specific statutory lighting-assessment requirement is established from the supplied sources, so the lighting/CCTV issue is a material planning consideration under s.34 and the RSES.
📂 What's on file
  • Further Information Response - Ballymahon Solar + BESS (docid 386928), p.16 — states that “all proposed CCTV cameras are required for site security purposes and are designed and positioned to avoid any impact on residential amenity”; sets out 16 CCTV units, maximum 120° field of view, inward-facing positioning, and relies on the Landscape and Visual Assessment to say their visibility will be “barely perceptible”; contains no lighting data. The BESS report (s.5.1.4, pp.24-25) separately describes limited PIR-controlled LED security lighting at the substation/BESS compound, designed to ILP GN01:2021.
  • F I Received Doc (docid 386928), Appendix V Residential Amenity and CCTV Layout Maps — shows the 16 CCTV cameras, existing dwellings, the proposed substation and compound distances, but the legend identifies only “Proposed Inward Facing CCTV Security Camera” and gives no luminaire details, mounting heights, lux contours or light-spill shielding.
  • Glint and Glare Report - Ballymahon Solar Farm and BESS (docid 379149 / docid 379150) — assesses ocular impact of glare from sunlight reflections on aviation, roadway and residential receptors; its methodology and scope relate to daytime solar reflections only, not artificial lighting.
  • Landscape and Visual Assessment excerpt (docid 379215) — addresses visual impact, receptors and mitigation; no operational security lighting assessment is evidenced in the supplied excerpts.
❌ What's missing
The material is present but inadequate on operational lighting. The supplied excerpts do not evidence a Lighting Management Plan or a night-time lighting impact assessment. The FI response addresses CCTV privacy and camera orientation, but not artificial light emissions.
💡 Why this is wrong
This is a problem because it substitutes camera-direction design for a lighting impact assessment. CCTV cameras on a 111.1 ha site will operate at night, and if the cameras have integral infrared or visible-light illumination, or if the substation/BESS compounds have security lighting, that light can spill onto dwellings and fields. The RSES expressly recognises that inappropriate artificial light can be harmful to wildlife and human health, so an assessment of lux at facades, shielding, spectral output and operational hours is needed before concluding the impacts are “minimal”. Without that information the Board cannot properly weigh residential amenity and ecological effects or impose precise enforceable conditions. The deficiency is similar to the information-quality failing identified in eplanning_KildareCC_2560083, where a solar development was refused as contrary to proper planning and sustainable development in part because of poor-quality information on residential amenity and biodiversity.
⚠️ Specific deficiency
The applicant’s Further Information Response claims that “A full assessment has been carried out on the residential receptors ... Glint and Glare, Landscape and Visual, Noise and disturbance, traffic safety, EMF and privacy” and that impacts are minimal, but does not address light emissions from the CCTV/security system (the BESS report s.5.1.4 describes only limited PIR-controlled compound lighting). The submitted Glint and Glare Report is limited to sunlight reflections. The CCTV answer is an orientation and visibility statement only, not a light-spill or lux analysis, and the planning authority did not require a Lighting Management Plan or night-time light predictions in the supplied material.
⚖️ Risk to address
Require a site-specific Lighting Management Plan and night-time lighting impact assessment for all proposed CCTV, BESS and substation security lighting, including predicted vertical lux at the nearest dwellings, shielding, beam direction, spectral output and operational hours, plus an ecological assessment for bats and other nocturnal species, before the Board can conclude that the lighting impacts are minimal.
📊 Precedent pattern
Comparable refusal(s) on this ground, listed individually for direct verification: eplanning_KildareCC_2560083, eplanning_LimerickCC_25105 (insufficient for a blanket pattern).
📖 Relevant legislation / policy
  • NPWS Bat Mitigation Guidelines for Ireland (IWM) p.38technical guidance
    Appendix 1 Recommended Bat Survey and Mitigation Report Structure ............................................. 66 — 5.6.1 Inspection of buildings or other structures
    See NPWS Bat Mitigation Guidelines for Ireland (IWM), Appendix 1 Recommended Bat Survey and Mitigation Report Structure ............................................. 66, 5.6.1 Inspection of buildings or other structures, cited in full above.
  • NPWS Bat Mitigation Guidelines for Ireland (IWM) p.73technical guidance
    Appendix 1 Recommended Bat Survey and Mitigation Report Structure ............................................. 66 — 10 Bibliography & Relevant Literature
    (Cited in full above.)
  • NPWS Bat Mitigation Guidelines for Ireland (IWM) p.51technical guidance
    Appendix 1 Recommended Bat Survey and Mitigation Report Structure ............................................. 66 — 6.2.5 Post-development interference impacts
    See NPWS Bat Mitigation Guidelines for Ireland (IWM), Appendix 1 Recommended Bat Survey and Mitigation Report Structure ............................................. 66, 6.2.5 Post-development interference impacts, cited in full above.
  • NPWS Bat Mitigation Guidelines for Ireland (IWM) p.16technical guidance
    Appendix 1 Recommended Bat Survey and Mitigation Report Structure ............................................. 66 — 2.2.1 Derogation licences
    (Cited in full above.)
📚 Precedent cases
  • eplanning_KildareCC_2560083 — refused · Kildare County Council · 27% match
    Townlands of Portgloriam Clonsast Ballybrack Ballyloughlan Farrandum , Clonduff
    Having regard to the significant dearth of information within the Appropriate Assessment Screening and Natura Impact Statement in relation to surveys, habitats and species and the impact of the proposed development on the Rye Water Valley/Carton SAC, Ballynafagh Lake SAC and B
  • eplanning_LimerickCC_25105 — refused · — · 8% match
    Wellesley Farm , Dromtrasna Hartnett , Abbeyfeale Co. Limerick.

Detailed assessment

The Further Information response states "A full assessment has been carried out on the residential receptors in the area, in particular with regard to Glint and Glare, Landscape and Visual, Noise and disturbance, traffic safety, EMF and privacy. It has been concluded the impacts are minimal" (Other Assessments, p.33 of 42). The assessor should assess whether that assessment adequately covers night-time security/CCTV lighting as a residential amenity impact for the existing dwellings shown on the Residential Amenity and CCTV Layout Maps, including lux levels at facades, light-spill shielding, camera direction and operational hours. The County Development Plan requires consideration of the visual and environmental impacts of associated development such as plant and grid connections, which arguably extends to security lighting and CCTV.

📄 Source documents

  • Other Assessments — p.30Review this page for evidence related to this finding....irms that all proposed solar panels maintain a minimum separation distance of 34 m from existing dwellings, exceeding the 20 m requirement. Lorraine Rowan Proximity to residential propert
  • Other Assessments — p.31Review this page for evidence related to this finding....irms that all proposed solar panels maintain a minimum separation distance of 34 m from existing dwellings, exceeding the 20 m requirement. The lands are used for sheep grazing and will cont
  • Other Assessments — p.16Review this page for evidence related to this finding....rd-facing, directed towards the solar PV infrastructure, and are not oriented towards any existing dwellings. A total of 16 CCTV units are proposed across the site. These are strategically dist

Cases cited

eplanning_KildareCC_2560083, eplanning_LimerickCC_25105

Policy / guidelines cited

none cited

What to watch for

  • Lux levels at nearest dwelling facades and garden areas
  • Light-spill shields/cowls and mounting heights directing light inward
  • Operational hours and motion-activation to avoid continuous nighttime lighting
  • Whether CCTV cameras are infrared, avoiding white-light nuisance to dwellings
No permeability demonstration for compacted 150mm Type 1 surfaceTier 2HIGH RISKThe reviewed excerpts show no permeability calculations and defer drainage detail, leaving the 'permeable' track claim unverified.

📋 Evidence brief — what we found

🎯 Key evidence
tracks will be constructed using compacted granular material laid over an appropriate geotextile membrane to provide stability and durability. standard drainage measures will be integrated into the track design to effectively manage surface water runoff and reduce the risk of erosion or localised flooding.
— CEMP Ballymahon Solar + BESS File No. 1249 (docid 379170), page 47 — Section 4.5 Internal Access Track.
🗣️ In plain English
The application says the on-site roads will be 'permeable road gravel' so rainwater soaks away, but the road drawing shows compacted stone over a geotextile membrane with roadside ditches and check dams to carry water away — more like a traditional hard road than a soakaway [CEMP Ballymahon Solar + BESS File No. 1249 (docid 379170), p.47]. The Planning System and Flood Risk Management Guidelines for Planning Authorities (Nov 2009, p.27) note that developing previously green, permeable land increases impermeable area, while permeable pavement can cut run-off where water infiltrates through the surface — so a permeability claim has to be demonstrated, not assumed. The supplied excerpts do not show any hydrology, hydrogeology or flood-risk assessment demonstrating that the 150mm Type 1 granular running surface stays permeable after compaction: no infiltration test, permeability coefficient or runoff calculation is provided for the 3.8 km track [docid 379170, p.47].
📖 Legal basis
The Planning System and Flood Risk Management Guidelines for Planning Authorities (Nov 2009), p.27, advise that 'Development of previously ‘green’, or permeable, land... increases the impermeable area', while permeable pavements 'can help to reduce run-off rates and flow volumes' by allowing rainwater to 'infiltrate through the paved surface and into underlying layers'; planning authorities 'should seek to reduce the extent of hard surfacing and paving' where significant hard surfacing is proposed. The Wind Energy Development Guidelines 2006, p.90, section 7.10, add that conditions may be necessary in relation to 'surface materials, construction details, silt traps, associated earthworks... and routing of tracks' to minimise erosion and habitat impact. These are guidance; the legal duty remains proper planning under s.34 — no more specific statutory permeability test is established from the available sources. These wind-farm guidelines are cited only by analogy: they are written for wind farms, not solar farms.
📂 What's on file
  • NIS Ballymahon Solar Farm (docid 379227, p.14, Section 1.3.7) — states 'All roads on site will be constructed from permeable road gravel and roadside drainage will be installed as required.' This is the core permeability claim the assessor must test.
  • CEMP Ballymahon Solar + BESS File No. 1249 (docid 379170, pp.21 and 47–48, Sections 2.2.4 and 4.5) — says the 3.8 km internal access track is a 'compacted gravel access track, approximately 4 m in width' and will be 'constructed using compacted granular material laid over an appropriate geotextile membrane', with 'standard drainage measures... to effectively manage surface water runoff'; drainage strategy is deferred to detailed design.
  • Plans Sections Elevations (docid 379168), drawing 7426-JOD-XX-DR-P-807 'Typical Road Cross Section' — labels a 150mm Type 1 Granular Running Surface, geotextile membrane, Class 1C fill, new roadside ditch, and check dams/silt traps at regular intervals; no infiltration layer or permeable-pavement detail is shown.
  • OTMP Ballymahon Solar + BESS File No. 1250 (docid 379173, pp.28–29 Section 5.3 and pp.41–42 Section 8) — repeats the compacted granular material description; proposes soakaways at entrances and linear drainage, and asserts 'post-development runoff does not exceed existing greenfield runoff rates', but no runoff coefficient or infiltration calculation is supplied.
  • ECR Ballymahon Solar Farm (docid 379149, p.24 Section 2.2 and p.41 Section 3.3) — also says 'compacted gravel access tracks up to 4.0 m wide' and 'All roads on site will be constructed from permeable road gravel', while another section refers to 3.5 m tracks; the inconsistency is material to assessing track area and runoff.
❌ What's missing
The supplied excerpts do not evidence any hydrology/hydrogeology or flood-risk assessment that demonstrates the 150mm Type 1 granular running surface remains adequately permeable after compaction; no permeability coefficient, infiltration test, target infiltration rate, or pre/post-development runoff calculation is provided for the 3.8 km track. The OTMP's statement that post-development runoff will not exceed greenfield rates is not corroborated by a defensible runoff coefficient, and the drawing's new roadside ditch plus check dams suggests runoff is being collected and conveyed rather than infiltrated. The 'floating road' construction in soft ground is mentioned but not specified. The detailed surface water drainage strategy is deferred to a later stage, so the adequacy of the 'permeable' label is not established in the excerpts.
💡 Why this is wrong
The application relies on the words 'permeable road gravel' as though that ends the issue, but the actual construction is compacted Type 1 granular stone over a geotextile, with roadside ditches and check dams. Compacted granular material over a separation membrane can shed water into the ditches rather than letting it infiltrate, so it may behave effectively as hardstanding; without a permeability test or runoff coefficient, the Board cannot know whether the SuDS/permeable-pavement principle in the Flood Risk Guidelines is met. This is material because the site is low-lying agricultural land and the track length across the parcels is about 3.8 km — a large area where any loss of greenfield infiltration could increase runoff to the roadside network and nearby watercourses. Here the application leaves the track drainage unquantified and deferred to detailed design. The Wind Energy Development Guidelines also contemplate attaching conditions on surface materials, construction details and silt traps precisely because these details affect erosion and habitat, so accepting an unverified label would contradict the proper-planning assessment. These wind-farm guidelines are cited only by analogy: they are written for wind farms, not solar farms.
⚠️ Specific deficiency
The applicant's NIS and ECR state 'All roads on site will be constructed from permeable road gravel' as a conclusion, but the CEMP, DPR and OTMP specify only 'compacted granular material' with 'standard drainage measures' and a drawing that shows a '150mm Type 1 Granular Running Surface' over a geotextile, new roadside ditch and check dams. The OTMP says post-development runoff will not exceed greenfield rates but supplies no runoff coefficient, no infiltration rate, and no pre/post-development calculations; Section 2.2.5 of the DPR/CEMP defers the comprehensive surface water drainage strategy to detailed design. The applicant therefore has not provided the evidence needed to support the permeability claim, and the assessment should have required that before accepting the track design.
⚖️ Risk to address
Argue that ABP should not accept the 'permeable road gravel' label without a site-specific permeability specification, post-compaction infiltration test and defensible runoff coefficient for the 3.8 km access track; the proposed compacted granular/geotextile/ditch cross-section is not demonstrated to function as SuDS and should be conditioned or refused.
📊 Precedent pattern
No directly comparable precedent confirmed in corpus — legal basis stands independently.
📖 Relevant legislation / policy
  • EMRA Regional Spatial and Economic Strategy 2019-2031 p.222regional
    Healthy Placemaking — REGIONAL POLICY OBJECTIVES:
    ainfall with wetter winters and warmer summers. SuDS can play a role in reducing and managing run- off from new developments to surface water drainage systems, reducing the impact of such developments on flood risk downstream, as well as improving water quality and contributing to local amenity.
📚 Precedent cases

Detailed assessment

The NIS states that "All roads on site will be constructed from permeable road gravel and roadside drainage will be installed as required" (NIS, p.14), while the typical road cross-section specifies a "150mm Type 1 Granular Running Surface" over Class 1C fill and geotextile (Plans Sections Elevations, drawing 7426-JOD-XX-DR-P-807). The assessor should verify whether the hydrology/hydrogeology and flood-risk work demonstrates that this surface remains adequately permeable after compaction and that the drainage design uses a defensible runoff coefficient rather than relying on the 'permeable' label alone. The 2006 Guidelines indicate that surface material and erosion control are matters for condition, not a universal statutory permeability test.

📄 Source documents

  • Drainage Network Drawings (docid 379220) — p.1Review this page for evidence related to this finding....SETTLEMENT OF SUSPENDED SOLIDS. · NON-DEVELOPMENT RUN-OFF SHALL BE RETURNED TO A SURFACE FLOW CONDITION E.G. BY USE OF LEVEL SPREADERS. 5. STILLING PONDS: · ANY S
  • Plans, Sections, Elevations — p.10Review this page for evidence related to this finding....SETTLEMENT OF SUSPENDED SOLIDS. · NON-DEVELOPMENT RUN-OFF SHALL BE RETURNED TO A SURFACE FLOW CONDITION E.G. BY USE OF LEVEL SPREADERS. 5. STILLING PONDS: · ANY S
  • F I Received Doc (docid 386925) — p.93Review this page for evidence related to this finding....ere archaeological monuments or other cultural heritage item exists to comply with national policy guidelines and statutory provisions for the protection of archaeological, architectural and cult

Cases cited

eplanning_KerryCC_201284, eplanning_LimerickCC_25105

Policy / guidelines cited

none cited

What to watch for

  • A track-construction specification with aggregate gradation, compaction limits and infiltration/hydraulic conductivity testing for the Type 1 running surface and Class 1C fill.
  • Whether the Flood Risk Assessment / Hydrology Hydrogeology Assessment assigns a runoff coefficient to the 3,800m of track rather than treating it as zero-runoff.
  • Whether 'roadside drainage will be installed as required' is tied to specific thresholds or replaced by a detailed drainage strategy before commencement.
Viewpoint 10 protected view: high adverse medium-term effect at a dwellingTier 2HIGH RISKThe appraisal records a High, adverse medium-term visual effect at a dwelling within Protected View F.S.17 that relies on future boundary vegetation, so adequacy of mitigation should be verified; no directly comparable refusal on this ground is confirmed.

📋 Evidence brief — what we found

🎯 Key evidence
although two dwellings-identified as receptors 41 and 17-exceed the annual duration guideline, the predicted daily maximum for both is less than 15 minutes. when typical cloud cover is accounted for, the actual frequency and duration of glare are expected to be significantly lower.
— ECR Ballymahon Solar Farm (docid 379149), p.156 — Section 9.3.2 Residential
🗣️ In plain English
Longford County Development Plan 2021-2027, Chapter 5 (Transport, Infrastructure, Energy & Communications), p.169 requires proposals to address glint and glare and the potential impact on adjoining road networks and dwellings through an associated report [Longford County Development Plan 2021-2027, Ch.5, p.169]. In practice, the developer must submit that glint-and-glare report so the Council can assess the impact on adjoining roads and homes. The assessments exist but fall short. The glint/glare mitigation for Dwellings 17 and 41 relies on future vegetative screening that the developer has not quantified, has not tied to a planting specification or maintenance obligation, and cannot enforce over the 40-year operational period [ECR Ballymahon Solar Farm (docid 379149), p.156 — Section 9.3.2 Residential].
📖 Legal basis
Longford County Development Plan 2021-2027, Chapter 5 (Transport, Infrastructure, Energy & Communications), p.169 requires that proposals address 'glint and glare and the potential impact on the adjoining road networks and dwellings through the submission of an associated report.' Chapter 16, Development Management Standard DMS16.115 (p.433) sets minimum building lines for structures facing the public road: 25 m for regional roads and 15 m for local roads. the Board must decide in accordance with the proper planning and sustainable development of the area, weighing all material considerations. No more specific statutory noise/setback threshold is established from the supplied sources.
📂 What's on file
  • Glint and Glare Report, Ballymahon Solar Farm and BESS (docid 379150, received 14/11/2025) — LINT, August 2025. Identifies 71 residential receptors within 500 m and 278 views with potential line of sight; pp.17-19 and 27-29 describe methodology; its Tables 3-4 point to dwellings with predicted glare outside recommended durations, and Figures 17-22 identify Dwellings 17 and 41 and screening recommendations.
  • Glint and Glare Report, Ballymahon Solar Farm and BESS (docid 386931, received 01/04/2026) — LINT, March 2026. Updated modelling output shows multiple receptors with annual glare totals of 5.9-21.0 h/year and daily maxima up to 24 minutes; the excerpt does not include the final dwelling-by-dwelling threshold table, but its contents list a 'dwelling with glare outside recommended duration highlighted' and screening detail for Dwelling 17.
  • Further Information Response - Ballymahon Solar + BESS (no docid supplied, received 01/04/2026, pp.25-26) — responds to 'Visual Impact & Glint & Glare Assessment on Neighbouring Dwellings'; states all receptors with impact were included, the LVIA concluded impacts are minimal, and the Landscape and Biodiversity Plan was revised to a double row of semi-mature hedgerow/tree planting along roadside boundaries.
  • ECR Ballymahon Solar Farm (docid 379149, p.156) — Section 9.3.2 Residential; concludes only two dwellings (Receptors 41 and 17) exceed the annual glare-duration guideline, but daily maxima are <15 minutes; relies on cloud cover and mature vegetation for Dwelling 41, and temporary fencing plus future hedging for Dwelling 17.
❌ What's missing
The assessments are present but their adequacy is questionable. (ii) The glint/glare mitigation for Dwellings 17 and 41 relies on future vegetative screening that is not quantified, not tied to a planting specification or maintenance obligation, and not enforceable over the 40-year operational period; Temporary fencing for Dwelling 17 is at best short-term. (iii) The LVIA's acknowledged High Adverse medium-term (7-15 years) effect at Viewpoint 10, a residential receptor within Longford County Council Protected View Full View F.S.17, is not reconciled with the FI statement that LVIA impacts are minimal.
💡 Why this is wrong
By acknowledging that two homes exceed the recommended annual glare duration and then discounting the exceedance because of cloud cover and assumed screening, the applicant has not shown that residential amenity is actually protected on clear summer days — the very days when residents are likely to be outside. The Development Plan expressly requires the glint and glare report to address impact on dwellings; a conclusion that an exceedance is 'unlikely' is not a substitute for a binding set-back or enforceable planting/maintenance regime. The same flaw appears in the visual assessment: a High Adverse medium-term effect at a residential receptor within a protected view is not 'minimal'. Without fixed setbacks and enforceable screening, a grant risks judicial review on proper planning and sustainable development grounds.
⚠️ Specific deficiency
The applicant submitted a Glint and Glare Report and ECR, but in Section 9.3.2 of the ECR (docid 379149, p.156) it disclosed the exceedance at Receptors 41 and 17 and then set it aside using 'typical cloud cover' and early-morning timing, while proposing only 'temporary fencing' for Dwelling 17 and unspecified future hedging. The applicant's Further Information Response (p.25-26) then says 'the LVIA has assessed all receptors and concluded the impacts are minimal' even though the LVIA itself (as summarised in the assessment) recorded a High Adverse medium-term effect at Viewpoint 10 for a residential receptor in a protected view. No fixed separation distances or enforceable landscape/screening management plan is identified in the supplied extracts.
⚖️ Risk to address
The objector should argue that the Board cannot be satisfied that nearby dwellings are protected from glint/glare and visual dominance because the submitted assessment admits exceedances at Receptors 17 and 41 and a High Adverse medium-term visual effect, but relies on unenforceable future planting and cloud cover; the application should be refused unless a revised assessment with fixed setbacks and a legally enforceable mitigation/maintenance plan is secured.
📊 Precedent pattern
No directly comparable refusal on this ground is confirmed.
📖 Relevant legislation / policy
  • OPR Practice Note PN03 — Planning Conditions (October 2022) p.52technical guidance
    F. Noise: — Conditions contained here will generally only apply in respect of certain developments or in sensitive environments. Refer to sheets 5 and 13 for quarry and wind energy development specific noise condition(s).
    See OPR Practice Note PN03 — Planning Conditions (October 2022), F. Noise:, Conditions contained here will generally only apply in respect of certain developments or in sensitive environments. Refer to sheets 5 and 13 for quarry and wind energy development specific noise condition(s)., cited in full above.
  • WHO Environmental Noise Guidelines for the European Region (2018) p.65technical guidance
    3. Recommendations — RECOMMENDATIONS
    See WHO Environmental Noise Guidelines for the European Region (2018), 3. Recommendations, RECOMMENDATIONS, cited in full above.

Detailed assessment

At Viewpoint 10, the Landscape and Visual Appraisal records a residential property where “the captured view’s extents runs from the northeast through to the southwest facing directly out onto the road from this residential property”, and the view forms part of Longford County Council Protected View Full View F.S.17. The appraisal itself classifies the visual effect as “High” and “Adverse in the medium term (i.e. 7-15 years)”, reducing as boundary vegetation matures. The assessor should verify that this acknowledged adverse medium-term effect on a residential receptor and protected view is adequately mitigated, that photomontages cover all nearest dwellings, and that future screening is enforceable for the 40-year operational period.

📄 Source documents

  • Other Assessments (docid 379215) — p.54Review this page for evidence related to this finding....ral in the Long Term as the site boundary vegetation matures and assimilates the development. Viewpoint 10: View from L5527, Cartronbrack looking south towards Parcel 1 Existing View This
  • Visual Assessment Report — p.16Review this page for evidence related to this finding....a new security fencing are highly prominent from this point. This is due to close proximity of the viewpoint to the site and the site’s existing low boundary stone wall allowing clear views into
  • Visual Assessment Report — p.12Review this page for evidence related to this finding....assimilate within the view in the Long Term. Other minor proposed site layout changes affecting Viewpoints 4 and 8: The revised RFI site layout has some lesser pronounced changes to a small por

Cases cited

none cited

Policy / guidelines cited

none cited

What to watch for

  • Verify photomontage and wireline coverage includes all key residential receptors, not only selected viewpoints.
  • Check that boundary planting and its maintenance/replacement over 40 years is secured by condition.
  • Evaluate whether the High adverse medium-term effect on protected view F.S.17 should be reduced through layout or panel-height changes.
  • Test whether the proposed screening addresses views from private rear gardens and upper-storey windows, not just the public road.
No CCTV camera arc evidence excluding windows or gardensTier 2HIGH RISKThe reviewed excerpts show no CCTV field-of-view schedule or per-camera sightline analysis demonstrating that cameras cannot capture windows or gardens at the five nearby dwellings.

📋 Evidence brief — what we found

🎯 Key evidence
from examining the immediate surroundings of this receptor in satellite imagery, however, as shown in figure 21, the screening is insubstantial between the receptor and the source of reflections. for this reason, it is recommended that • temporary screening in the form of fencing be added to this section of the proposal boundary as a short to medium-term mitigation. • vegetative screening in the form of hedging should be planted as a longer term mitigation.
— Glint and Glare Report Ballymahon Solar Farm and BESS, August 2025 (docid 379150), page 47 — Dwelling 17.
🗣️ In plain English
This is about whether the five homes near the proposed 111-hectare solar farm are properly protected from reflected glare, noise, and being visually dominated or overlooked by solar panels, security fencing and CCTV. The developer says the nearest panels are at least 35m away and the 16 cameras point inward, but the project's own glare report flags one home (Dwelling 17) as having glare above the recommended limit with little existing screen, and no binding fix is shown. That matters because an inadequately protected home is a legitimate planning reason to refuse the application or impose much stronger conditions.
📖 Legal basis
Longford County Development Plan 2021-2027, Chapter 5, p.169 states that solar proposals must address "Glint and glare and the potential impact on the adjoining road networks and dwellings through the submission of an associated report." More generally, the planning authority/Board must determine the application in accordance with the proper planning and sustainable development of the area, which requires residential amenity to be weighed as a material consideration. No more specific statutory or guideline standard for noise or CCTV privacy is established from the supplied sources.
📂 What's on file
  • Updated Glint and Glare Assessment, March 2026 (docid 386931) — Table 4 on page 48 still identifies at least Dwelling 17 as having predicted glare outside recommended durations.
  • Glint and Glare Report, August 2025 (docid 379150) — identifies Dwelling 41 and Dwelling 17 as having predicted glare outside recommended durations; for Dwelling 17 it states the existing screening is 'insubstantial' and recommends temporary fencing and hedging.
  • Further Information Response - Ballymahon Solar + BESS (no docid shown in the supplied excerpt) — says five existing dwellings were identified; panel separation distances are DW-01 38m, DW-02 35m, DW-03 113m, DW-04 37m, DW-05 39m; CCTV units are inward-facing with max 120° field of view and poles up to 4.5m; concludes impacts are minimal.
  • Appendix V – Residential Amenity and CCTV Layout Maps (docid 386928) — key plan showing dwelling and CCTV locations but no per-camera sightline or field-of-view analysis.
  • BESS report, Ballymahon Solar + BESS (docid 379152) — states acoustic performance will comply with EPA and Longford County Council noise guidelines; proposes PIR security lighting, 2.4m fencing, and compound screening.
  • CEMP, Ballymahon Solar + BESS (docid 379170) — states panels will be up to approximately 3.0m high and minimum ground clearance 0.6m.
❌ What's missing
The supplied excerpts do not contain a CCTV field-of-view/sighting schedule or vertical sections demonstrating that each camera's 120° arc cannot capture windows or gardens; no camera mounting height per unit, privacy shielding, or lighting spill analysis at the five dwellings is evidenced. The applicant's ECR commits to temporary fencing and hedging for Dwelling 17, but this is not shown on a revised site layout drawing or secured by condition. Operational noise levels at the five dwellings from BESS/inverters/MV stations/security lighting are not evidenced in the excerpts, so the conclusion that impacts are 'minimal' is not verifiable from the material shown.
💡 Why this is wrong
The applicant's own glare report identifies a residential receptor where the existing screening is 'insubstantial' and predicted glare is outside the recommended duration, yet the Further Information Response simply asserts that impacts are 'minimal' and does not demonstrate that the recommended fencing/hedging has been included in the layout or would be required by condition. That is a clear adequacy gap under the Longford CDP policy requiring glint and glare impacts on dwellings to be addressed, and under s.34 proper planning. A 3m-high panel array starting within 35-39m of four of the five dwellings can also be visually dominant, and the 4.5m-high CCTV poles require a field-of-view assessment to show they do not create overlooking or lighting nuisance.
⚠️ Specific deficiency
The August 2025 Glint and Glare Report (docid 379150, page 47) itself admitted Dwelling 17 is inadequately screened and needs temporary fencing and hedging. The updated March 2026 report (docid 386931, page 48) still lists Dwelling 17 as having predicted glare outside recommended durations, but the Further Information Response (pages 15-16) does not confirm that the recommended mitigation has been incorporated or conditioned. For CCTV, the response states all 16 cameras are inward-facing with a 120° field of view, but no per-camera mounting height, angle or field-of-view drawing is provided to verify privacy; the Appendix V map (docid 386928) shows locations only.
⚖️ Risk to address
Refuse or require conditions because the application does not adequately demonstrate that nearby dwellings are protected from glint/glare, noise and visual/CCTV amenity impacts; in particular the applicant's own report shows Dwelling 17 lacks sufficient screening and no enforceable mitigation is secured.
📊 Precedent pattern
No directly comparable refusal on this ground is confirmed.
📖 Relevant legislation / policy

Detailed assessment

The proposal includes pole-mounted CCTV and 550 m of security fencing around the BESS compound; the assessor should verify that the submitted design and siting adequately addresses privacy at adjacent residential properties, including camera angles, mounting heights, field-of-view and any associated lighting. If camera sightlines can capture windows or gardens, a condition should require a CCTV siting/field-of-view schedule or privacy shielding. This is best treated as a residential amenity issue, distinct from property devaluation, which is not itself a material planning ground.

📄 Source documents

  • Conservation Report — p.37Review this page for evidence related to this finding....was available) to assess the site for evidence of badger, such as setts, or other badger activity including paths, latrines, or signs of foraging. Results Six badger setts (S1-S6) were identi
  • Conservation Report — p.261Review this page for evidence related to this finding....ses. Additional recommendations include: • Baseline data should be maintained leading up to and including pre- construction checks. • Areas constrained by overgrown vegetation in mid-summer,
  • Other Assessments (docid 379176) — p.14Review this page for evidence related to this finding....licant confirmed that the layout has been designed to protect residents and avoid overlooking of properties. Any security measures, including CCTV, would comply with data protection and GDPR.

Cases cited

none cited

Policy / guidelines cited

none cited

What to watch for

  • Confirm cameras are directed inward and downward away from adjoining dwellings and private open spaces.
  • Check IR illuminators are shielded so light does not spill toward residences.
  • Ensure the CCTV coverage does not unnecessarily monitor public roads or residential land.
  • Verify that camera poles are not located in a way that creates an additional visual intrusion for nearby properties.
Stage 1/2 Road Safety Audit absent from traffic management planTier 2HIGH RISKNo Stage 1/2 Road Safety Audit is evidenced in the reviewed excerpts; refusals citing an absent RSA exist on national-road accesses but no directly comparable regional/local-road refusal is confirmed.

📋 Evidence brief — what we found

🎯 Key evidence
the longford county development plan 2021-2027 specifies a standard x-distance of 3 m, with unobstructed visibility provided over a y-distance of 160 m in each direction from the access point for roads with an 80 km/h speed limit (r397), and a y-distance of 65 m for roads with a 60 km/h speed limit (l5527).
— OTMP Ballymahon Solar + BESS (docid 379173), Section 9.1 Visibility Standards, near page 45 of 66.
🗣️ In plain English
This issue is whether the developer has shown that construction lorries and other traffic can enter and leave this solar farm safely on narrow rural roads. The Longford County Development Plan 2021–2027 requires applications to include comprehensive details of safe access and egress and sightline visibility [DMS16.113, Longford County Development Plan 2021–2027]. It sets safe unobstructed sight distances of 150 metres on regional roads and 90 metres on local roads [DMS16.114, Longford County Development Plan 2021–2027]. In practice, the developer must show safe access and egress and those sightlines for construction traffic. No Stage 1 or Stage 2 Road Safety Audit is evidenced in the supplied excerpts, and the submitted visibility analysis does not independently audit junction safety [OTMP Ballymahon Solar + BESS (docid 379173), Section 9.1 Visibility Standards].
📖 Legal basis
Longford County Development Plan 2021–2027, Chapter 16 Development Management Standards, DMS16.113 requires 'all applications for planning permission to include... comprehensive details of the way in which safe access and egress to the site can be achieved and include the sightline visibility'; DMS16.114 sets 'Safe unobstructed sight distances... Regional Road 150 metres; Local Road 90 metres'. DMURS 2019 §5.4.1 states: 'Within Ireland it is mandatory to carry out a RSA on any permanent change to the road layout on National Roads. The standard is commended to roads authorities for use in preparation of their own road schemes on Regional or Local roads and it is common practice for local authorities to require an RSA for all road schemes.' Because this development is on regional/local roads, the absence of a Stage 1/2 RSA is not a statutory breach of the national-road mandatory rule, but it is a material road-safety deficiency to be weighed under (proper planning and sustainable development of the area/material considerations).
📂 What's on file
  • OTMP Ballymahon Solar + BESS (docid 379173, by the applicant’s consultants) — Section 9 'Visibility Standards at Site Entrance' provides sightline analysis and states the Longford County Development Plan specifies X=3 m, Y=160 m for the R397 (80 km/h) and Y=65 m for the L5527 (60 km/h). Section 9.2 concludes sightlines are achieved at Site Entrance 1 (R397) and Site Entrance 2 (L5527), and refers to a swept path analysis in Figure 5.8.
  • CEMP Ballymahon Solar + BESS (docid 379170) — Section 4.4 'Site Entrances' identifies two entrances from the R397 and L5527, repeats warning signage distances of 160 m (southern parcel) and 65 m (northern parcel), and states: 'The final design, dimensions, and configuration of the site entrances will be subject to agreement between Longford County Council (LCC) and the appointed contractor prior to the commencement of any on-site construction works.'
  • EIA Screening Report (docid 379174) — Project Overview confirms construction and operational access via two entrances from the L5527 and R397 roads, and includes underground electrical ducting and cabling within the L5527 and R397 public roads.
  • ECR Ballymahon Solar Farm (docid 379149) — Section 2.2 and 3.3 describe site access routes, including a southern-block access 'off the R379 road using an existing gate', which conflicts with the R397 references elsewhere; it also notes approximately 3.4 km of internal gravel access tracks.
  • Road Layout Plan (docid 379203), drawing 7426-JOD-XX-DR-P-201 'Site Entrance L-5227, Entrance No. 1' — labels a 90 m visibility splay and 3.0 m setback from the carriageway edge, with boundary vegetation to be trimmed.
❌ What's missing
No Stage 1 or Stage 2 Road Safety Audit is evidenced in the supplied excerpts, and none is referenced in the OTMP or CEMP. The visibility analysis in the OTMP is not an RSA and does not independently audit design-speed consistency, stopping/visibility distances, swept paths for the largest delivery vehicles, junction geometry, pedestrian/cyclist/agricultural vehicle conflict, temporary construction accesses, or the public-road cabling works. The supplied excerpts also contain no council Roads section report or recommendation. Additionally, while the OTMP refers to a swept path analysis in Figure 5.8, that drawing is not in the supplied excerpts, so its adequacy for the largest construction/delivery vehicles cannot be verified.
💡 Why this is wrong
The OTMP asserts that the Longford County Development Plan specifies a 65 m Y-distance for the 60 km/h L5527 local road, but the Plan as supplied in the authority sources (DMS16.114) actually specifies 90 m for local roads, with a lesser distance only where the planning authority exercises discretion and the applicant demonstrates it is adequate. The application does not provide that demonstration. The site entrance drawing (docid 379203) in fact shows a 90 m visibility splay for the L5527, so the application is internally inconsistent: the OTMP and CEMP use 65 m, while the engineering drawing shows 90 m. That inconsistency means the decision-maker cannot be satisfied that sightlines at the northern entrance are adequate. The absence of an RSA is also a material deficiency. In eplanning_KerryCC_201284, the Council refused because 'in the absence of a Road Safety Audit, the Planning Authority is not satisfied that the access to the site from the N69 National Secondary Road is adequate to cater in safety for the vehicular traffic that would be generated by the proposed development.' A similar concern may arise here, although this site is on regional/local roads rather than a national road, particularly because the application involves public-road cabling works. The CEMP then defers final junction design to LCC and the contractor after planning, leaving the road-safety case unresolved at decision stage.
⚠️ Specific deficiency
The applicant's OTMP (docid 379173) uses a 65 m Y-distance for the L5527 and labels it as a Longford County Development Plan requirement, but the Plan actually requires 90 m for local roads unless a lesser distance is demonstrated adequate. The CEMP (docid 379170) repeats the 65 m warning-signage distance, while the Road Layout Plan (docid 379203) labels a 90 m visibility splay for the same L5527 entrance. The applicant also submitted no Stage 1/2 Road Safety Audit in the supplied documents: the OTMP's visibility analysis is not presented as an RSA, and the CEMP says final entrance design will be agreed with the Council and contractor after planning. No Council Roads section report is evidenced in the supplied excerpts. A comparable absence of a Road Safety Audit was cited in eplanning_KerryCC_201284, although that access was onto a national road.
⚖️ Risk to address
The applicant has not demonstrated safe access/egress because the sightline dimensions quoted conflict with Longford County Development Plan DMS16.114 and with the submitted drawings, and no Road Safety Audit has been provided; ABP should refuse permission or require a Stage 1/2 RSA and compliant, consistent sightline details before any approval.
📊 Precedent pattern
Comparable refusal(s) on this ground, listed individually for direct verification: eplanning_KerryCC_201284, eplanning_LimerickCC_25105 (insufficient for a blanket pattern).
📖 Relevant legislation / policy
  • Longford County Development Plan 2021-2027 p.433dev plan
    CHAPTER 16: DEVELOPMENT MANAGEMENT STANDARDS
    428 The building line required will relate to the nature and design of the buildings being proposed, and the nature of the layout of the area. The function of building lines in the urban environment is to: • Provide protection from noise and fumes associated with traffic; • Allow for the provision of off-street car-parking; • Allow for future roa
  • design manual for urban roads and streets 2019 low res p.147s28 guideline
    Chapter 5 of this Manual is concerned with the implementation of a more integrated approach to street design. — 5.3.2 Process
    The optimal time to undertake an audit process is when the design has reached a stage where the outcomes can be clearly evaluated, such as after initial refinement and prior to finalisation. This will also allow the design to be formally tested against the objectives of the project and with regard to other critical matters such as safety (see Sec
  • Design Manual for Urban Roads and Streets (2019) p.147s28 guideline
    The interlinked nature of street design requires designers to take a strategic plan-led approach that embraces a range of skills and perspectives from design professionals and the broader community. — 5.3.2 Process
    See design manual for urban roads and streets 2019 low res, Chapter 5 of this Manual is concerned with the implementation of a more integrated approach to street design., 5.3.2 Process, cited in full above.
  • design manual for urban roads and streets 2019 low res p.148s28 guideline
    Chapter 5 of this Manual is concerned with the implementation of a more integrated approach to street design. — 5.4.1 Road Safety Audits
    Auditing processes in Ireland are generally in the form of a Road Safety Audit (RSA). TII has published a set of standards12 that define the role of, and outline the process for carrying out a RSA. The primary purpose of a RSA is to identify potential hazards and how they could affect road users using the following criteria: • Does the design layo
  • Design Manual for Urban Roads and Streets (2019) p.148s28 guideline
    The interlinked nature of street design requires designers to take a strategic plan-led approach that embraces a range of skills and perspectives from design professionals and the broader community. — 5.4.1 Road Safety Audits
    See design manual for urban roads and streets 2019 low res, Chapter 5 of this Manual is concerned with the implementation of a more integrated approach to street design., 5.4.1 Road Safety Audits, cited in full above.
📚 Precedent cases
  • eplanning_KerryCC_201284 — refused · Kerry County Council · 46% match
    PALLAS , KILFEIGHNY SOUTH AND GLANOE , CO KERRY
    In the absence of a Road Safety Audit, the Planning Authority is not satisfied that the access to the site from the N69 National Secondary Road is adequate to cater in safety for the vehicular traffic that would be generated by the proposed development. The proposed development w
  • eplanning_LimerickCC_25105 — refused · — · 11% match
    Wellesley Farm , Dromtrasna Hartnett , Abbeyfeale Co. Limerick.

Detailed assessment

One comparable refusal turned on an absent Road Safety Audit: Kerry CC refused a solar farm where, in the absence of an RSA, it was not satisfied the N69 access could safely cater for construction traffic (eplanning_KerryCC_201284). The assessor should verify whether a Stage 1/2 RSA exists and, if so, scrutinise it for design-speed consistency, stopping/visibility distances, swept paths for the largest delivery vehicles, junction geometry, pedestrian/cyclist/agricultural vehicle conflict, and coverage of both temporary construction accesses and the 1.8 km of public-road cabling works. The Longford CDP requires road access and impact on the road network serving the site during the construction and operational phases to be addressed (Longford County Development Plan 2021-2027, Chapter 5).

📄 Source documents

  • Other Assessments (docid 379170) — p.39Review this page for evidence related to this finding....t measures and procedures can be found in the Traffic Management Plan, which should be read in conjunction with this CEMP. RECEIVED: 14/11/2025 Longford County Council - Inspection Purposes
  • Other Assessments (docid 379170) — p.45Review this page for evidence related to this finding....horizontal and vertical geometry of both routes is considered adequate to accommodate the expected delivery volumes throughout the construction phase. Furthermore, there are no known roadworks, w
  • Other Assessments (docid 379173) — p.26Review this page for evidence related to this finding....horizontal and vertical geometry of both routes is considered adequate to accommodate the expected delivery volumes throughout the construction phase. Furthermore, there are no known roadworks, w

Cases cited

eplanning_KerryCC_201284, eplanning_LimerickCC_25105

Policy / guidelines cited

Longford County Development Plan 2021-2027 / CHAPTER 5: TRANSPORT, INFRASTRUCTURE, ENERGY & COMMUNICATIONS p.169

What to watch for

  • Design speed vs actual 85th percentile operating speeds
  • Swept paths/turning templates for HGV, crane and transformer deliveries
  • Coverage of temporary traffic management for the full public-road cable route
  • Junction spacing and conflict with pedestrians, cyclists and agricultural vehicles
BESS fire-safety and major-accident-hazard detail deferred to post-consentTier 2HIGH RISKFire safety and major-accident-hazard details are deferred to post-consent.

📋 Evidence brief — what we found

🎯 Key evidence
while the final bess supplier and specific battery model will be confirmed at a later stage, the key fire-related hazards-such as thermal runaway, potential release of toxic gases, and contaminated firewater runoff-are well understood and will be address
— Other Assessments (docid 379180), page 19 (quote verified verbatim)
📂 What's on file
  • Other Assessments (docid 379180) (page 19): “while the final bess supplier and specific battery model will be confirmed at a later stage, the key fire-related hazards-such as thermal runaway, potential release of toxic gases, and contaminated firewater runoff-are well understood and will be address”
💡 Why this is wrong
The EMF component of this requirement is adequately quantified, with the assessment concluding magnetic fields from MV/HV underground cables are predicted to be significantly below the 100 microTesla ICNIRP reference level even on a cumulative basis; however, the fire safety and major-accident-hazard component of the same requirement is deferred, since the specific battery chemistry/model and its detailed fire-safety specification are left to be confirmed post-consent. An assessor should treat generic commitments to 'well understood' hazards being addressed through unspecified future protocols as a deferral risk rather than a completed risk assessment.
📊 Precedent pattern
No directly comparable refusal on this ground is confirmed.
📖 Relevant legislation / policy

Detailed assessment

The EMF component of this requirement is adequately quantified, with the assessment concluding magnetic fields from MV/HV underground cables are predicted to be significantly below the 100 microTesla ICNIRP reference level even on a cumulative basis; however, the fire safety and major-accident-hazard component of the same requirement is deferred, since the specific battery chemistry/model and its detailed fire-safety specification are left to be confirmed post-consent. An assessor should treat generic commitments to 'well understood' hazards being addressed through unspecified future protocols as a deferral risk rather than a completed risk assessment.

📄 Source documents

  • Unsolicited Information — p.31Review this page for evidence related to this finding....(e.g. lithium iron phosphate). Furthermore, when a lithium-ion battery cell does fail, there is a significantly greater risk of a fire/explosion event occurring coupled with a higher probability
  • Other Assessments (docid 379180) — p.13Review this page for evidence related to this finding....robust fire prevention and suppression systems. While the final BESS supplier and specific battery chemistry are yet to be confirmed, the project is committed to developing and implementing a com
  • Other Assessments (docid 379180) — p.19Review this page for evidence related to this finding....h as thermal runaway, potential release of toxic gases, and contaminated firewater runoff—are well understood and will be addressed through proven engineering controls and protective measures. Th

Cases cited

none cited

Policy / guidelines cited

none cited

What to watch for

  • The assessor should VERIFY in the BESS report/Other Assessments (docid 379147) whether the fire safety and emergency response strategy has been firmed up against a confirmed battery chemistry/supplier, or remains contingent on information to be provided after permission, particularly given the 60m separation to the nearest dwelling.
Foundation type for solar panels not specifiedTier 2HIGH RISKThe retrieved passages do not show the foundation type or a hydrological/geotechnical justification for it on peat in flood zone C; whether such justification exists elsewhere on file is unconfirmed.

📋 Evidence brief — what we found

💡 Why this is wrong
Given the confirmed peat_present=true and flood_zone C site facts, the adequacy of any hydrological/geotechnical justification for the chosen foundation type cannot be verified from this sample.
📊 Precedent pattern
No directly comparable refusal on this ground is confirmed; the case listed was refused on other grounds.
📖 Relevant legislation / policy
📚 Precedent cases

Detailed assessment

The retrieved passages cover glint/glare methodology, noise, cross-sections and the layout plan but contain no discussion of foundation type (e.g. driven pile, ground screw, ballasted) or any assessment of attenuation characteristics or sub-surface water movement. Given the confirmed peat_present=true and flood_zone C site facts, the adequacy of any hydrological/geotechnical justification for the chosen foundation type cannot be verified from this sample.

📄 Source documents

  • Other Assessments (docid 379149) — p.100Review this page for evidence related to this finding.Page 100 of 193 ECR Ballymahon Solar Farm characteristics of the existing environment. The significance of an impact is determined by evaluating the magnitude of the predicted effect relative to t
  • Other Assessments (docid 379142) — p.2Review this page for evidence related to this finding....tronic copy of site location maps; • 1 no. electronic copy of site layout plans, elevations, site sections; • 1 no. electronic copy of all technical plans, sections and elevations; • 1 no.
  • Other Assessments (docid 379149) — p.46Review this page for evidence related to this finding....posed development is likely to have on population and human health. It defines the study area, and methodology used for developing the baseline and the impacts assessed. This chapter further prov

Cases cited

eplanning_LimerickCC_25105

Policy / guidelines cited

none cited

What to watch for

  • The assessor should VERIFY the final foundation type and any sub-surface water/attenuation demonstration in the engineering/foundation design report or drainage assessment documents.
No tracked revision responding to prior Further Information requestTier 2MEDIUM RISKNo retrieved passage shows tracked revisions in the NIS responding to the further information request; whether the NIS was revised cannot be confirmed from the passages alone.

📋 Evidence brief — what we found

💡 Why this is wrong
The passages show the NIS was received 14/11/2025 and contains current Stage 1/Stage 2 screening content, but no passage demonstrates a tracked revision responding to a prior further information request. Whether this NIS text represents an update of an earlier version cannot be confirmed from the passages alone.
📊 Precedent pattern
No directly comparable refusal on this ground is confirmed; the cases listed were refused on other grounds.
📖 Relevant legislation / policy
  • Longford County Development Plan 2021-2027 p.448dev plan
    CHAPTER 16: DEVELOPMENT MANAGEMENT STANDARDS
    (Cited in full above.)
  • Ireland's National Energy and Climate Plan 2021-2030 (final updated 2024) p.58national policy
    1 Overview and Process for Establishing the Plan — policy developments in all areas, including CAP 24 with additional text gone in to explain
    include in this NECP. Where issues raised in consultation could not be addressed by this document, they will be circulated to the relevant policy experts and Departments to address in future policy cycles. Some issues, e.g. concerns about GHG emissions projections showing a gap to EU targets, will require broader policy development and delivery
  • Climate Action Plan 2024 (CAP24) p.164national policy
    Chapter 5 of CAP23 estimated that an additional ~€119 billion of capital investment would — 12.4 Citizen Engagement
    (Cited in full above.)
  • Climate Action Plan 2024 (CAP24) p.325national policy
    Chapter 5 of CAP23 estimated that an additional ~€119 billion of capital investment would — 17.3.2 Measures to Deliver Reductions
    to deliver key sequestration, emissions reductions in drained organic soils, and other land use measures;  Reviewing the CAP Strategic Plan following the amended EU LULUCF Regulation and Effort Sharing Regulation, and other developments such as the National Energy
  • OPR Practice Note PN02 — Environmental Impact Assessment Screening (June 2021) p.36technical guidance
    Case Study 1. — Establishing if the proposal is a ‘sub-threshold development’:
    (Cited in full above.)
📚 Precedent cases

Detailed assessment

The passages show the NIS was received 14/11/2025 and contains current Stage 1/Stage 2 screening content, but no passage demonstrates a tracked revision responding to a prior further information request. Whether this NIS text represents an update of an earlier version cannot be confirmed from the passages alone.

📄 Source documents

  • Other Assessments (docid 379178) — p.17Review this page for evidence related to this finding....whether any potential flood risks exist at the site and to compile relevant current and historical information that may inform the level or extent of such risks. Where a potential flood risk is i
  • NIS (docid 379227) — p.17Review this page for evidence related to this finding....ut screening for appropriate assessment of a proposed works a competent authority may request such information from the applicant as it may consider necessary to enable it to carry out that scree
  • NIS (docid 379227) — p.19Review this page for evidence related to this finding.Ballymahon Solar Farm Appropriate Assessment Screening and Natura Impact Statement 18 784-B071661 GP-TEM-006-02 • European Union Habitats Directive, (1992). Council Directives 92/43/EEC of 2

Cases cited

eplanning_LimerickCC_25105, eplanning_KildareCC_2560083

Policy / guidelines cited

none cited

What to watch for

  • The assessor should VERIFY the NIS cover letter, revision log or FI response document for confirmation that the Natura Impact Statement was revised following any further information request.
NIS omits cross-check of final solar compound areasTier 2MEDIUM RISKNo retrieved passage shows the NIS description of development being cross-checked against the final application areas; no mismatch has been identified.

📋 Evidence brief — what we found

💡 Why this is wrong
No passage was retrieved showing the NIS's description-of-development section being cross-checked against the final compound/array areas stated elsewhere in the application (94.18 ha solar / 111.1 ha total per the application description).
📊 Precedent pattern
No directly comparable refusal on this ground is confirmed; the cases listed were refused on other grounds.
📖 Relevant legislation / policy
  • Draft Revised Wind Energy Development Guidelines (2019) p.61s28 guideline
    CHAPTER 5 CONSIDERING AN APPLICATION FOR WIND ENERGY DEVELOPMENT — 5.3.1 Appropriate Assessment
    (Cited in full above.)
  • SNH Visual Representation of Wind Farms (Version 2.2, February 2017) p.33technical guidance
    Version 2.2 February 2017 — up. Colour inkjet printers tend to show more detail than other machines because of their higher colour range and resolution. However, it is generally difficult to produce large numbers of pages in this way so colour laser printing may be necessary. Whichever method is used a good quality, photo equivalent finish is essential. A matt finish is preferable and good quality paper should be used. Constructing the visualisations required in the ES
    See SNH Visual Representation of Wind Farms (Version 2.2, February 2017), Version 2.2 February 2017, up. Colour inkjet printers tend to show more detail than other machines because of their higher colour range and resolution. However, it is generally difficult to produce large numbers of pages in this way so colour laser printing may be necessary
  • OPR Practice Note PN03 — Planning Conditions (October 2022) p.26technical guidance
    Planning Condition Appraisal Checklist — RELEVANT TO THE DEVELOPMENT
    9. Is the condition directly relevant to the development being permitted? 10. If using a standard condition, has it been appropriately applied and adapted to reflect the proposal?
  • OPR Practice Note PN02 — Environmental Impact Assessment Screening (June 2021) p.36technical guidance
    Case Study 1. — Establishing if the proposal is a ‘sub-threshold development’:
    (Cited in full above.)
📚 Precedent cases

Detailed assessment

No passage was retrieved showing the NIS's description-of-development section being cross-checked against the final compound/array areas stated elsewhere in the application (94.18 ha solar / 111.1 ha total per the application description).

📄 Source documents

  • Visual Assessment Report — p.18Review this page for evidence related to this finding....of more mature vegetation cover against these boundaries which will help provide denser vegetated screening from the beginning. Thus, while the importance of effects is initially High-Moderate a
  • Other Assessments (docid 379215) — p.3Review this page for evidence related to this finding....followed by a comprehensive site/study area visit. Each Viewpoint is illustrated by a photograph showing the existing view and verified photomontages of the Proposed Development at Year 0 and Yea
  • Other Assessments (docid 379215) — p.62Review this page for evidence related to this finding....ed out with similar native hedgerow and tree planting types. This will create a continuous natural screening barrier around the site boundaries helping to contain the proposed site elements withi

Cases cited

eplanning_LimerickCC_25105, eplanning_KildareCC_2560083

Policy / guidelines cited

none cited

What to watch for

  • The assessor should VERIFY in the NIS Section 1/description-of-development (docid 379227) that stated compound areas, panel area and site area figures match those in the Application Form Part A and Drawings General.
Community liaison plan committed but not detailedTier 2MEDIUM RISKThe ECR commits to a community liaison and communication plan, but the detail of that plan is not set out and could be required by condition.

📋 Evidence brief — what we found

💡 Why this is wrong
The passages describe maintaining local resident access along the cable route via contractor flagmen but do not set out the content of the community liaison/communications plan the ECR commits to (a communication plan, website and dedicated community liaison), such as notification of construction scheduling, out-of-hours works or a complaint-handling procedure.
📖 Relevant legislation / policy
  • Longford County Development Plan 2021-2027 p.169dev plan
    CHAPTER 5: TRANSPORT, INFRASTRUCTURE, ENERGY & COMMUNICATIONS
    (Cited in full above.)
  • wind energy development guidelines 2006 p.25s28 guideline
    Planning Guidelines — 4.4 Public Consultation with the Local Community
    Planning authorities should encourage developers to engage in public consultation with the local community. While it is not a mandatory requirement, it is strongly recommended that the developer of a wind energy project should engage in active consultation and dialogue with the local community at an early stage in the planning process, ideally prio
  • Climate Action Plan 2024 (CAP24) p.164national policy
    Chapter 5 of CAP23 estimated that an additional ~€119 billion of capital investment would — 12.4 Citizen Engagement
    (Cited in full above.)
  • Draft Revised Wind Energy Development Guidelines (2019) p.154s28 guideline
    ENGAGEMENT
    - Demographics – population density/spread: Be sensitive to any significant populations which may have been overlooked, and for example in more rural areas the consultation may more appropriately be spread over a wider area to include a larger population and the locations of key services or facilities used by those within the wider area. - Other re
  • Draft Revised Wind Energy Development Guidelines (2019) p.93s28 guideline
    CHAPTER 5 CONSIDERING AN APPLICATION FOR WIND ENERGY DEVELOPMENT — 5.10 COMMUNITY INVESTMENT AND DIVIDEND
    86 identify measures to support Community-led projects through the grid connection process; and with industry representative groups and community representatives on the model.

Detailed assessment

The passages describe maintaining local resident access along the cable route via contractor flagmen but do not set out the content of the community liaison/communications plan the ECR commits to (a communication plan, website and dedicated community liaison), such as notification of construction scheduling, out-of-hours works or a complaint-handling procedure.

📄 Source documents

  • Other Assessments (docid 379152) — p.5Review this page for evidence related to this finding....ctromagnetic fields, archaeology, glint and glare, and landscape and visual impacts. The findings demonstrate that, with appropriate mitigation measures incorporated into the project design, the
  • Other Assessments (docid 379155) — p.10Review this page for evidence related to this finding....years’ experience, and a background in terrestrial, freshwater, marine ecology, and environmental management. She has a varied experience base, ranging from bat roost potential assessments and em
  • Other Assessments (docid 379157) — p.9Review this page for evidence related to this finding....years’ experience, and a background in terrestrial, freshwater, marine ecology, and environmental management. She has a varied experience base, ranging from bat roost potential assessments and em

Cases cited

none cited

Policy / guidelines cited

none cited

What to watch for

  • The assessor should VERIFY whether the CEMP (docid 379170) or ECR (docid 379149) contains a dedicated community liaison/complaints-procedure section with named contact point and notification protocol.
Refuelling exclusion buffer distances inconsistent across documentsTier 2MEDIUM RISKInconsistent refuelling buffer distances across EIA/CEMP documents create a pollution-control methodology concern that ABP would likely flag and require to be reconciled via condition, not refusal.

📋 Evidence brief — what we found

🎯 Key evidence
refuelling will take place at designated locations at distances of greater than 30 metres from a watercourse.
— Other Assessments (docid 379170), page 1 (quote verified verbatim)
🗣️ In plain English
The submitted documents state that refuelling will take place at designated locations more than 30 metres from a watercourse.
📂 What's on file
  • Other Assessments (docid 379170) (page 1): “refuelling will take place at designated locations at distances of greater than 30 metres from a watercourse.”
💡 Why this is wrong
Refuelling-exclusion buffers are stated inconsistently across the application's own documents: the CEMP elsewhere states refuelling will not occur 'within 10 metres of any drain or watercourse', while the CEMP (p.61) and the Ecological Compliance Report state refuelling will be more than 30 metres from a watercourse. This inconsistency in a core pollution-prevention parameter is a methodology adequacy concern an objector should raise.
📊 Precedent pattern
No directly comparable refusal on this ground is confirmed; the cases listed were refused on other grounds.
📖 Relevant legislation / policy
  • Draft Revised Wind Energy Development Guidelines (2019) p.56s28 guideline
    CHAPTER 4 SUBMITTING A PLANNING APPLICATION FOR WIND ENERGY DEVELOPMENT — 4.11 CONSTRUCTION AND ENVIRONMENTAL MANAGEMENT PLAN
    ructed bunds to ensure that fuel spillages are fully contained; such bunds shall be roofed to exclude rainwater, l) disposal of construction/demolition waste (in line with higher level waste management
  • guidance for planning authorities on drainage and reclamation of wetlands consultation draft p.37s28 guideline
    Appendix 2
    structure. 6. The total aperture area of any wall-mounted panel or freestanding solar array shall not exceed 25 square metres. 7. Any equipment associated with the panels, including water tanks, shall be located within the roof space of the building. 8. The height of a free-standing solar array shall not exceed 2 metres, at its highest point, abov
  • OPR Practice Note PN03 — Planning Conditions (October 2022) p.97technical guidance
    (b) Prior to the commencement of development, a detailed Site Restoration Plan providing for the removal of the solar arrays and all ancillary structures, and a timescale for its implementation, shall be submitted to and agreed in writing with the planning authority. (c) On decommissioning of the solar farm, the solar arrays and all ancillary stru
📚 Precedent cases

Detailed assessment

Refuelling-exclusion buffers are stated inconsistently across the application's own documents: the CEMP elsewhere states refuelling will not occur 'within 10 metres of any drain or watercourse' while the CEMP and the Ecological Compliance Report state refuelling will be 'more than 30 metres' from watercourses. This inconsistency in a core pollution-prevention parameter is a methodology adequacy concern an objector should raise.

📄 Source documents

  • NIS (docid 379227) — p.29Review this page for evidence related to this finding....same aquifer as the site. The site is in a ground water vulnerable area therefore there is risk of pollution from the site entering the ground and the aquifer. A negative impact on the alkaline f
  • Other Assessments (docid 379149) — p.155Review this page for evidence related to this finding.Page 155 of 193 ECR Ballymahon Solar Farm parameters of the chosen methodology 9.2.6 Mitigation If it is determined that glare will be experienced at a particular receptor and there is no scre
  • Other Assessments (docid 379150) — p.58Review this page for evidence related to this finding....over and as such, can overestimate the likelihood for glint and glare - the steps in a desirable methodology for glare assessment from solar PV installations are: 1. Identification of solar re

Cases cited

eplanning_KildareCC_2560083, eplanning_LimerickCC_25105

Policy / guidelines cited

none cited

What to watch for

  • The assessor should VERIFY which buffer distance (10m, 20m or 30m) is the operative commitment across the CEMP (docid 379170), ECR (docid 379149) and Hydrology Assessment (docid 379179), and whether it is compatible with the 10m nearest-watercourse-to-compound distance.
HGV noise on R397 and L5527 not evaluatedTier 2MEDIUM RISKGeneric construction noise thresholds without route-specific HGV assessment is a concern ABP typically conditions rather than refuses on its own.

📋 Evidence brief — what we found

🎯 Key evidence
tii considers that the noise levels in table 2 are typically deemed acceptable.
— Other Assessments (docid 379217), page 7 (quote verified verbatim)
🗣️ In plain English
TII considers that the noise levels in Table 2 are typically deemed acceptable [docid 379217, p.7].
📂 What's on file
  • Other Assessments (docid 379217) (page 7): “tii considers that the noise levels in table 2 are typically deemed acceptable.”
💡 Why this is wrong
The NIA relies on generic TII/BS5228 construction noise thresholds rather than a route-specific assessment of HGV movement noise as vehicles pass residential properties fronting the R397 and L5527. An objector should scrutinise whether the 'indicative only' TII table was applied to actual predicted sound pressure levels at specific dwellings along the haulage route rather than treated as a blanket compliance statement.
📊 Precedent pattern
No directly comparable refusal on this ground is confirmed; the cases listed were refused on other grounds.
📚 Precedent cases

Detailed assessment

The NIA relies on generic TII/BS5228 construction noise thresholds without evident route-specific assessment of HGV movement noise as vehicles pass residential properties fronting the R397 and L5527. An objector should scrutinise whether the 'indicative only' TII table was applied to actual predicted sound pressure levels at specific dwellings along the haulage route rather than treated as a blanket compliance statement.

📄 Source documents

  • Other Assessments (docid 379204) — p.16Review this page for evidence related to this finding....and all works within the protection zone must be supervised by an ECoW. 4.3.1 Non-Licenced Method Statement RECEIVED: 14/11/2025
  • Other Assessments (docid 379217) — p.7Review this page for evidence related to this finding....re-existing noise levels are low. Table 2: Maximum permissible noise levels at the façade of nearby dwellings during construction Days and Times LAeq (1hr)dB LpA(Max)slowdB Monday to Friday (07:00
  • NIS (docid 379227) — p.26Review this page for evidence related to this finding.Ballymahon Solar Farm Appropriate Assessment Screening and Natura Impact Statement 25 784-B071661 GP-TEM-006-02 4.1 ASSESSMENT OF THE LIKELY SIGNIFICANT EFFECTS The HRA Handbook (DTA Pub

Cases cited

eplanning_LimerickCC_25105, eplanning_KerryCC_201284

Policy / guidelines cited

none cited

What to watch for

  • The assessor should VERIFY in the Noise Impact Assessment (docid 379217) and Traffic Management Plan (docid 379173) whether HGV pass-by noise levels were modelled at identified dwellings along the R397/L5527 route rather than only at the on-site construction/operational receptors.
NPWS consultation on file; adequacy to be testedTier 2MEDIUM RISKNPWS consultation is on file; its adequacy against the hydrological link to a European site is a point ABP may probe, not a procedural omission.

Detailed assessment

The council's further information request asked for referral to NPWS and IFI; the applicant's response reproduces correspondence with both. Whether the NPWS engagement addresses the hydrological link to a European site is a matter of adequacy for the inspector.

📄 Source documents

  • Other Assessments (docid 379204) — p.28Review this page for evidence related to this finding....nd. These acts make it illegal to intentionally harm or kill otters, or to disturb their habitats. Specifically, the legislation prohibits: • Deliberate killing, injuring, or capturing of otters
  • Other Assessments — p.9Review this page for evidence related to this finding....programme of intensive test excavation, the Applicant has carefully considered this requirement in consultation with their appointed archaeologist. It is respectfully submitted that undertaking a
  • Conservation Report — p.15Review this page for evidence related to this finding....ly 0.4 km from the Royal Canal, with existing streams within and along the site boundary providing hydrological connectivity to the Royal Canal pNHA. This hydrological connection extends further

Cases cited

eplanning_GalwayCC_22590, eplanning_GalwayCC_22406, eplanning_MeathCC_23657

Policy / guidelines cited

none cited

What to watch for

  • The assessor should VERIFY in the Conservation Report / NIS prior-consultation correspondence whether NPWS was specifically consulted given the Royal Canal pNHA (0.4km) and Lough Ree SAC/SPA (approx. 5.1km) proximity.
Solar siting not tied to a plan-identified locationTier 2MEDIUM RISKThe application does not tie site suitability to a plan-identified location under CPO 5.143 (cited as 5.158 in the application); ABP may seek further justification rather than refuse.

📋 Evidence brief — what we found

🎯 Key evidence
does not have an established renewable framework or designated zoning for solar
— Other Assessments (docid 379149), page 38 (quote verified verbatim)
🗣️ In plain English
The Environmental Consideration Report states the Longford plan does not have an established renewable framework or designated zoning for solar [Other Assessments, p.38].
📂 What's on file
  • Other Assessments (docid 379149) (page 38): “does not have an established renewable framework or designated zoning for solar”
💡 Why this is wrong
The Environmental Consideration Report states the Longford plan has no established renewable framework or designated zoning for solar and only an aim to prepare a Renewable Energy Strategy. CPO 5.143 of the Longford CDP (quoted in the LVIA as CPO 5.158) encourages solar in suitable locations in accordance with government policy and any forthcoming Renewable Energy Strategy for County Longford. The application's stated reasons for selecting the site are proximity to grid, minimal shading and land availability, so suitability under the plan is not shown by reference to any plan-identified location. An inspector would test the 80 MW scheme against CPO 5.143 and 5.145 (numbered 5.158 and 5.160 in the applicant's documents) without a plan-led siting framework to rely on.
📖 Relevant legislation / policy
  • Longford County Development Plan 2021-2027 p.169dev plan
    CHAPTER 5: TRANSPORT, INFRASTRUCTURE, ENERGY & COMMUNICATIONS
    (Cited in full above.)
  • Longford County Development Plan 2021-2027 p.279dev plan
    CHAPTER 9: RURAL ECONOMY
    274 CPO 9.35 Ensure that equine based developments are located on suitable and viable landholdings and are subject to normal planning, siting and design considerations and related establishments. CPO 9.36 Protect the equine industry from inappropriate development which would adversely affect its continued operation. 9.3.6 Renewable Energy Rural
  • Longford County Development Plan 2021-2027 p.247dev plan
    CHAPTER 8: ECONOMIC DEVELOPMENT
    See Longford County Development Plan 2021-2027, CHAPTER 8: ECONOMIC DEVELOPMENT, cited in full above.
  • Longford County Development Plan 2021-2027 p.86dev plan
    CHAPTER 4: CORE, SETTLEMENT AND HOUSING STRATEGIES — 4.6 Core Strategy Strategic Aims The 8 no. Strategic aims of the Core Strategy are as follows:
    Aim 1 To provide a framework for the proper planning and sustainable development of County Longford over the plan period. Aim 2 To demonstrate that the Longford County Development Plan 2021-2027 is consistent, as far as practicable, with national and regional policy objectives set out in the National Planning Framework and Eastern and Midland Reg
  • Longford County Development Plan 2021-2027 p.185dev plan
    CHAPTER 6: REGENERATION — 6.4.2 Economic Urban Regeneration
    Longford is the eighth most deprived region in the country, according to the latest national deprivation index. The report draws on Census data and scores areas based on indicators such as unemployment rates, educational attainment, housing and lone- parent ratio. This is seen as a contributor to anti-social behaviour and related problems. It is

Detailed assessment

The Environmental Consideration Report states the Longford plan has no established renewable framework or designated zoning for solar and only an aim to prepare a Renewable Energy Strategy. CPO 5.143 of the Longford CDP (quoted in the LVIA as CPO 5.158) encourages solar in suitable locations in accordance with government policy and any forthcoming Renewable Energy Strategy for County Longford. The application's stated reasons for selecting the site are proximity to grid, minimal shading and land availability, so suitability under the plan is not shown by reference to any plan-identified location. An inspector would test the 80 MW scheme against CPO 5.143 and 5.145 of the Longford CDP (numbered 5.158 and 5.160 in the applicant's documents) without a plan-led siting framework to rely on.

📄 Source documents

  • Other Assessments (docid 379149) — p.38Review this page for evidence related to this finding....pliance with all regional, national, and EU policies. The proposed site was selected due to its proximity to existing grid connection infrastructure, minimal shading and excellent land availab
  • Other Assessments (docid 379152) — p.20Review this page for evidence related to this finding....“Support and facilitate the sustainable development of renewable energy resources at appropriate locations and at appropriate scales, having regard to environmental and landscape sensitivities.”
  • Other Assessments (docid 379163) — p.6Review this page for evidence related to this finding....60 Planning Statement Ballymahon Solar Farm & BESS 2000 (as amended) and has been prepared in accordance with all relevant national, regional, and local planning policies. The proposed

Cases cited

none cited

Policy / guidelines cited

none cited

What to watch for

  • Without a plan-designated solar location the 'suitable location' test falls to the siting and visual assessments, which is where the protected-view and landscape points above arise.
SF6 and fluorinated gas emissions omitted from greenhouse gas reportTier 2LOW RISKThis omission is a minor technical gap, not determinative.

📋 Evidence brief — what we found

💡 Why this is wrong
The sampled Greenhouse Gas Assessment addresses embodied carbon and operational emissions in general terms but does not mention SF6 or other fluorinated gases in transformers, switchgear or BESS units, nor compliance with Regulation (EU) 2024/573. This is a specific technical disclosure that F-gas-containing equipment specifications would need to confirm.
📖 Relevant legislation / policy
  • Longford County Development Plan 2021-2027 p.448dev plan
    CHAPTER 16: DEVELOPMENT MANAGEMENT STANDARDS
    (Cited in full above.)
  • Climate Action Plan 2024 (CAP24) p.153national policy
    Chapter 5 of CAP23 estimated that an additional ~€119 billion of capital investment would — 12.1.3 The Scale of the Challenge
    ion as soon as possible to reduce impacts on the carbon budgets. The introduction of renewable gas generation into the grid is an important factor of ensuring a security of supply for Ireland’s electricity system.
  • EMRA Regional Spatial and Economic Strategy 2019-2031 p.41regional
    Healthy Placemaking Climate Action Economic Opportunity — REGIONAL POLICY OBJECTIVES:
    Environmental Assessment and Assessment of Greenhouse Gas (GHG) Emissions RPO 3.4: Ensure that all plans, projects and activities requiring consent arising from the Regional Spatial and Economic Strategy are subject to the relevant environmental assessment requirements including SEA, EIA and AA as appropriate. In addition the future strategic deve
  • Ireland's National Energy and Climate Plan 2021-2030 (final updated 2024) p.145national policy
    3 Policies and Measures — 3.1.1 GHG Emissions and Removals
    , including annual increases in the rate of the Renewable Transport Fuel Obligation (RTFO); • Deliver substantial, verifiable GHG abatement through the adoption of a specified range of improvements in farming practice in line with recommendations from
  • Ireland's Long-term Strategy on Greenhouse Gas Emissions Reduction (2024) p.11national policy
    Action — EU Governance and Accounting
    To help the EU meet its climate and energy targets, there are common rules for planning, reporting and monitoring set out in the Regulation on the Governance of the Energy Union, which are synchronised with the ambition cycles under the Paris Agreement. In terms of planning, Member States are required to prepare National Energy and Climate Plan

Detailed assessment

The sampled Greenhouse Gas Assessment addresses embodied carbon and operational emissions in general terms but does not mention SF6 or other fluorinated gases in transformers, switchgear or BESS units, nor compliance with Regulation (EU) 2024/573. This is a specific technical disclosure that F-gas-containing equipment specifications would need to confirm.

📄 Source documents

  • Other Assessments (docid 379201) — p.22Review this page for evidence related to this finding....with steel production being particularly carbon intensive. • Concrete foundations for inverters, transformers, and substation infrastructure also contribute embodied carbon. Cabling and elec
  • Unsolicited Information — p.21Review this page for evidence related to this finding....nce and/or battery related technology; iii. At the time of writing, no particular product data or specifications have been provided for any of the proposed equipment to be installed at this site
  • Other Assessments (docid 379201) — p.16Review this page for evidence related to this finding....icated BESS enclosures. o Transport emissions accounted for delivery of solar panels, inverters, transformers, BESS units, and substation equipment, based on average haulage distances. • Op

Cases cited

none cited

Policy / guidelines cited

none cited

What to watch for

  • The assessor should VERIFY in the BESS Report (Other Assessments, docid 379152) or equipment technical specifications whether SF6-free switchgear is specified and whether compliance with the F-gas Regulation (EU) 2024/573 is explicitly addressed.

Key cases cited

case_refdecisiondecision dateaddresswhy relevantmatch score
PL17-311536
✓ Verified
refused2022-08-24Lands Including Rogerstown, Smithstown, Calliaghstown,, Pilltown and Ballymad, DCited on european site NIS, ir solar farm appropriate assessment natura impact sta, ir solar farm impact on spa qualifying bird species ha, cdp renewable policy — refused (2022-08-24) at Lands Including Rogerstown, Smithstown, Calliaghstown,, Pilltown and B….48% matchView full decision →
eplanning_KerryCC_201284
✓ Verified
refused—PALLAS , KILFEIGHNY SOUTH AND GLANOE , CO KERRYCited on european site NIS, ir solar farm ecological impacts on pnha and protected, ir solar farm traffic and road safety impact, ir solar farm visibility at local primary road — refused at PALLAS , KILFEIGHNY SOUTH AND GLANOE , CO KERRY.47% matchView full decision →
wexford_20231475
✓ Verified
refused2024-02-09Clohass, The LeapCited on ir solar farm traffic and road safety impact, drainage hydrology — refused (2024-02-09) at Clohass, The Leap.39% matchView full decision →
eplanning_KildareCC_2560083
✓ Verified
refused—Townlands of Portgloriam Clonsast Ballybrack Ballyloughlan Farrandum , Clonduff Cited on european site NIS, ir solar farm appropriate assessment natura impact sta, ir solar farm bat roost impact from tree removal, ir solar farm impact on spa qualifying bird species ha — refused at Townlands of Portgloriam Clonsast Ballybrack Ballyloughlan Farrandum ,….37% matchView full decision →
eplanning_GalwayCC_22590
✓ Verified
REFUSED—Mweelin & Pollacappul Eadarguil , Cited on ir solar farm appropriate assessment natura impact sta, drainage hydrology, ck solar farm planning procedure and legal 250 — refused at Mweelin & Pollacappul Eadarguil ,.36% matchView full decision →
eplanning_GalwayCC_22406
✓ Verified
REFUSED—Ballymoneen/ Grange East , Cited on ir solar farm traffic and road safety impact, drainage hydrology, ck solar farm planning procedure and legal 250 — refused at Ballymoneen/ Grange East ,.36% matchView full decision →
eplanning_TipperaryCC_19601430
✓ Verified
REFUSED—Kyleagarry Kyle Ballyryan East and Gortdrum , Donohill , Co. TipperaryCited in the ir_solar_farm_traffic_and_road_safety_impact assessment — refused at Kyleagarry Kyle Ballyryan East and Gortdrum , Donohill , Co. Tipperary.34% matchView full decision →
eplanning_WicklowCC_23211
✓ Verified
REFUSED—Lake Road , Camaderry , GlendaloughCited on drainage hydrology, watercourse crossings — refused at Lake Road , Camaderry , Glendalough.29% matchView full decision →
eplanning_MeathCC_23657
✓ Verified
REFUSED—Smithstown , Julianstown , Co. Meath A92 Y196Cited on drainage hydrology, watercourse crossings, ck solar farm planning procedure and legal 250 — refused at Smithstown , Julianstown , Co. Meath A92 Y196.26% matchView full decision →
cork_county_22/6901
✓ Verified
refused2023-06-19Ballyroe & Dromin Ballyhea Charleville Co.CorkCited on european site NIS, ir solar farm impact on spa qualifying bird species ha — refused (2023-06-19) at Ballyroe & Dromin Ballyhea Charleville Co.Cork.23% matchView full decision →
eplanning_LimerickCC_25105
◐ Partially verified
refused—Wellesley Farm , Dromtrasna Hartnett , Abbeyfeale Co. Limerick.Cited on ir solar farm appropriate assessment natura impact sta, ir solar farm bat roost impact from tree removal, ir solar farm impact on spa qualifying bird species ha, ir solar farm traffic and road safety impact — refused at Wellesley Farm , Dromtrasna Hartnett , Abbeyfeale Co. Limerick..11% matchView full decision →
eplanning_GalwayCC_2361008
◐ Partially verified
REFUSED2023-10-19Grange East Peakroe Ballinloughaun Moor Cashla & Barrettstown , Co. Galway Cited on ir solar farm visibility at local primary road, ck solar farm traffic access and roads 213, ck solar farm traffic access and roads 233, ck solar farm traffic access and roads 237 — refused (2023-10-19) at Grange East Peakroe Ballinloughaun Moor Cashla & Barrettstown , Co. Ga….9% matchView full decision →
eplanning_RoscommonCC_2460537
◐ Partially verified
REFUSED—Ballyoughter , Ballaghaderreen , Co. Roscommon.Cited on bess safety, deep gap bess — refused at Ballyoughter , Ballaghaderreen , Co. Roscommon..7% matchView full decision →

Documents submitted

📋 Document assessment status (109 files)
Of 109 submitted documents: 96 cited in findings · 13 reviewed · 0 not assessed in this report
DocumentSizeStatus
Application Form Part A10 pages · 13,014 charsON FILE, NOT CITED
Archaeology Report (docid 379148)95 pages · 152,904 charsCITED
Conservation Report31 pages · 56,774 charsCITED
Conservation Report26 pages · 52,866 charsCITED
Conservation Report287 pages · 535,245 charsCITED
Drainage Network Drawings (docid 379219)1 pages · 2,225 charsCITED
Drainage Network Drawings (docid 379220)1 pages · 6,562 charsCITED
Drawings General1 pages · 1,740 charsON FILE, NOT CITED
Drawings General1 pages · 3,166 charsON FILE, NOT CITED
Drawings General1 pages · 1,561 charsON FILE, NOT CITED
Drawings General2 pages · 4,447 charsON FILE, NOT CITED
F I Received Doc (docid 386923)2 pages · 1,606 charsCITED
F I Received Doc (docid 386925)96 pages · 165,176 charsCITED
F I Received Doc (docid 386928)8 pages · 9,667 charsCITED
F I Received Doc (docid 386931)81 pages · 171,103 charsCITED
F I Received Doc (docid 386940)5 pages · 10,837 charsCITED
Land owner consent2 pages · 1,801 charsCITED
Land owner consent2 pages · 1,608 charsON FILE, NOT CITED
Land owner consent2 pages · 1,638 charsON FILE, NOT CITED
NIS (docid 379227)54 pages · 120,650 charsCITED
Newspaper Notice1 pages · 3,927 charsON FILE, NOT CITED
Other Assessments42 pages · 71,154 charsCITED
Other Assessments28 pages · 39,872 charsON FILE, NOT CITED
Other Assessments50 pages · 89,735 charsCITED
Other Assessments (docid 379140)16 pages · 19,388 charsCITED
Other Assessments (docid 379142)16 pages · 40,193 charsCITED
Other Assessments (docid 379146)113 pages · 206,285 charsCITED
Other Assessments (docid 379147)26 pages · 35,779 charsCITED
Other Assessments (docid 379149)193 pages · 313,123 charsCITED
Other Assessments (docid 379150)106 pages · 193,434 charsCITED
Other Assessments (docid 379152)32 pages · 42,761 charsCITED
Other Assessments (docid 379155)63 pages · 86,203 charsCITED
Other Assessments (docid 379156)17 pages · 27,220 charsCITED
Other Assessments (docid 379157)41 pages · 52,941 charsCITED
Other Assessments (docid 379158)31 pages · 34,660 charsCITED
Other Assessments (docid 379163)60 pages · 93,773 charsCITED
Other Assessments (docid 379164)1 pages · 3,714 charsCITED
Other Assessments (docid 379165)1 pages · 6,078 charsCITED
Other Assessments (docid 379166)1 pages · 1,200 charsCITED
Other Assessments (docid 379170)96 pages · 155,960 charsCITED
Other Assessments (docid 379173)66 pages · 79,837 charsCITED
Other Assessments (docid 379174)77 pages · 149,547 charsCITED
Other Assessments (docid 379176)30 pages · 28,113 charsCITED
Other Assessments (docid 379177)1 pages · 1,274 charsCITED
Other Assessments (docid 379178)26 pages · 29,504 charsCITED
Other Assessments (docid 379179)44 pages · 70,213 charsCITED
Other Assessments (docid 379180)25 pages · 32,905 charsCITED
Other Assessments (docid 379201)33 pages · 58,490 charsCITED
Other Assessments (docid 379204)32 pages · 55,157 charsCITED
Other Assessments (docid 379215)65 pages · 178,140 charsCITED
Other Assessments (docid 379217)30 pages · 45,416 charsCITED
Other Assessments (docid 379233)1 pages · 5,187 charsCITED
Photo Montage (docid 379196)8 pages · 7,975 charsCITED
Photo Montage (docid 379197)14 pages · 12,337 charsCITED
Photo Montage (docid 379198)21 pages · 19,549 charsCITED
Plans Sections Elevations (docid 379141)1 pages · 689 charsCITED
Plans Sections Elevations (docid 379143)1 pages · 1,074 charsCITED
Plans Sections Elevations (docid 379144)1 pages · 881 charsCITED
Plans Sections Elevations (docid 379145)1 pages · 2,539 charsCITED
Plans Sections Elevations (docid 379167)1 pages · 1,671 charsCITED
Plans Sections Elevations (docid 379168)1 pages · 1,232 charsCITED
Plans Sections Elevations (docid 379169)1 pages · 1,351 charsCITED
Plans Sections Elevations (docid 379175)1 pages · 2,262 charsCITED
Plans Sections Elevations (docid 379181)1 pages · 4,721 charsCITED
Plans Sections Elevations (docid 379182)1 pages · 5,600 charsCITED
Plans Sections Elevations (docid 379183)1 pages · 890 charsCITED
Plans Sections Elevations (docid 379184)1 pages · 4,956 charsCITED
Plans Sections Elevations (docid 379185)1 pages · 4,221 charsCITED
Plans Sections Elevations (docid 379186)1 pages · 1,001 charsCITED
Plans Sections Elevations (docid 379188)1 pages · 4,509 charsCITED
Plans Sections Elevations (docid 379189)1 pages · 1,109 charsCITED
Plans Sections Elevations (docid 379191)1 pages · 1,087 charsCITED
Plans Sections Elevations (docid 379193)1 pages · 689 charsCITED
Plans Sections Elevations (docid 379208)1 pages · 833 charsCITED
Plans Sections Elevations (docid 379209)1 pages · 967 charsCITED
Plans Sections Elevations (docid 379210)1 pages · 984 charsCITED
Plans Sections Elevations (docid 379213)1 pages · 1,081 charsCITED
Plans Sections Elevations (docid 379216)1 pages · 4,498 charsCITED
Plans, Sections, Elevations31 pages · 69,403 charsCITED
Road Layout Plan (docid 379202)1 pages · 2,049 charsCITED
Road Layout Plan (docid 379203)1 pages · 1,565 charsCITED
Significant FI News Paper Notice1 pages · 10,807 charsON FILE, NOT CITED
Significant FI Site Notice7 pages · 26,649 charsON FILE, NOT CITED
Site Notice7 pages · 26,958 charsON FILE, NOT CITED
Site layout plan14 pages · 44,063 charsCITED
Site layout plan (docid 379160)1 pages · 2,062 charsCITED
Site layout plan (docid 379161)1 pages · 2,422 charsCITED
Site layout plan (docid 379162)1 pages · 1,736 charsCITED
Site layout plan (docid 379187)1 pages · 2,018 charsCITED
Site layout plan (docid 379190)1 pages · 1,873 charsCITED
Site layout plan (docid 379192)1 pages · 1,504 charsCITED
Site layout plan (docid 379194)1 pages · 2,749 charsCITED
Site layout plan (docid 379195)1 pages · 1,487 charsCITED
Site layout plan (docid 379221)1 pages · 1,600 charsCITED
Site layout plan (docid 379222)1 pages · 1,535 charsCITED
Site layout plan (docid 379223)1 pages · 1,945 charsCITED
Site layout plan (docid 379224)1 pages · 1,847 charsCITED
Site layout plan (docid 379225)1 pages · 7,740 charsCITED
Site location map9 pages · 21,468 charsON FILE, NOT CITED
Site location map (docid 379199)1 pages · 1,324 charsCITED
Site location map (docid 379200)1 pages · 1,329 charsCITED
Site location map (docid 379205)1 pages · 1,543 charsCITED
Site location map (docid 379206)1 pages · 4,547 charsCITED
Site location map (docid 379207)1 pages · 1,307 charsCITED
Site location map (docid 379211)1 pages · 1,307 charsCITED
Unsolicited Information61 pages · 136,826 charsCITED
Updated Hydrology & Hydrogeology44 pages · 72,294 charsCITED
Visual Assessment Report44 pages · 55,188 charsCITED
Visual Assessment Report23 pages · 81,460 charsCITED

Submitted documents (109 files)

All 109 OCR'd files submitted with this application, grouped by topic. Each finding's evidence brief retrieves semantically across all of them.

Natura Impact Statement 1
Landscape & visual 3
Archaeology 1
  • Archaeology Report (docid 379148)95 pages · 152,904 chars OCR
Drainage / hydrology 3
  • Drainage Network Drawings (docid 379219)1 pages · 2,225 chars OCR
  • Drainage Network Drawings (docid 379220)1 pages · 6,562 chars OCR
  • Updated Hydrology & Hydrogeology44 pages · 72,294 chars OCR
Traffic / roads 2
Further Information response 7
  • F I Received Doc (docid 386923)2 pages · 1,606 chars OCR
  • F I Received Doc (docid 386925)96 pages · 165,176 chars OCR
  • F I Received Doc (docid 386928)8 pages · 9,667 chars OCR
  • F I Received Doc (docid 386931)81 pages · 171,103 chars OCR
  • F I Received Doc (docid 386940)5 pages · 10,837 chars OCR
  • Significant FI News Paper Notice1 pages · 10,807 chars OCR
  • Significant FI Site Notice7 pages · 26,649 chars OCR
Public notice 2
  • Newspaper Notice1 pages · 3,927 chars OCR
  • Site Notice7 pages · 26,958 chars OCR
Drawings / plans 49
  • Drawings General1 pages · 1,740 chars OCR
  • Drawings General1 pages · 3,166 chars OCR
  • Drawings General1 pages · 1,561 chars OCR
  • Drawings General2 pages · 4,447 chars OCR
  • Plans Sections Elevations (docid 379141)1 pages · 689 chars OCR
  • Plans Sections Elevations (docid 379143)1 pages · 1,074 chars OCR
  • Plans Sections Elevations (docid 379144)1 pages · 881 chars OCR
  • Plans Sections Elevations (docid 379145)1 pages · 2,539 chars OCR
  • Plans Sections Elevations (docid 379167)1 pages · 1,671 chars OCR
  • Plans Sections Elevations (docid 379168)1 pages · 1,232 chars OCR
  • Plans Sections Elevations (docid 379169)1 pages · 1,351 chars OCR
  • Plans Sections Elevations (docid 379175)1 pages · 2,262 chars OCR
  • Plans Sections Elevations (docid 379181)1 pages · 4,721 chars OCR
  • Plans Sections Elevations (docid 379182)1 pages · 5,600 chars OCR
  • Plans Sections Elevations (docid 379183)1 pages · 890 chars OCR
  • Plans Sections Elevations (docid 379184)1 pages · 4,956 chars OCR
  • Plans Sections Elevations (docid 379185)1 pages · 4,221 chars OCR
  • Plans Sections Elevations (docid 379186)1 pages · 1,001 chars OCR
  • Plans Sections Elevations (docid 379188)1 pages · 4,509 chars OCR
  • Plans Sections Elevations (docid 379189)1 pages · 1,109 chars OCR
  • Plans Sections Elevations (docid 379191)1 pages · 1,087 chars OCR
  • Plans Sections Elevations (docid 379193)1 pages · 689 chars OCR
  • Plans Sections Elevations (docid 379208)1 pages · 833 chars OCR
  • Plans Sections Elevations (docid 379209)1 pages · 967 chars OCR
  • Plans Sections Elevations (docid 379210)1 pages · 984 chars OCR
  • Plans Sections Elevations (docid 379213)1 pages · 1,081 chars OCR
  • Plans Sections Elevations (docid 379216)1 pages · 4,498 chars OCR
  • Plans, Sections, Elevations31 pages · 69,403 chars OCR
  • Site layout plan14 pages · 44,063 chars OCR
  • Site layout plan (docid 379160)1 pages · 2,062 chars OCR
  • Site layout plan (docid 379161)1 pages · 2,422 chars OCR
  • Site layout plan (docid 379162)1 pages · 1,736 chars OCR
  • Site layout plan (docid 379187)1 pages · 2,018 chars OCR
  • Site layout plan (docid 379190)1 pages · 1,873 chars OCR
  • Site layout plan (docid 379192)1 pages · 1,504 chars OCR
  • Site layout plan (docid 379194)1 pages · 2,749 chars OCR
  • Site layout plan (docid 379195)1 pages · 1,487 chars OCR
  • Site layout plan (docid 379221)1 pages · 1,600 chars OCR
  • Site layout plan (docid 379222)1 pages · 1,535 chars OCR
  • Site layout plan (docid 379223)1 pages · 1,945 chars OCR
  • Site layout plan (docid 379224)1 pages · 1,847 chars OCR
  • Site layout plan (docid 379225)1 pages · 7,740 chars OCR
  • Site location map9 pages · 21,468 chars OCR
  • Site location map (docid 379199)1 pages · 1,324 chars OCR
  • Site location map (docid 379200)1 pages · 1,329 chars OCR
  • Site location map (docid 379205)1 pages · 1,543 chars OCR
  • Site location map (docid 379206)1 pages · 4,547 chars OCR
  • Site location map (docid 379207)1 pages · 1,307 chars OCR
  • Site location map (docid 379211)1 pages · 1,307 chars OCR
Application form / legal 4
  • Application Form Part A10 pages · 13,014 chars OCR
  • Land owner consent2 pages · 1,801 chars OCR
  • Land owner consent2 pages · 1,608 chars OCR
  • Land owner consent2 pages · 1,638 chars OCR
Other documents 37
  • Conservation Report31 pages · 56,774 chars OCR
  • Conservation Report26 pages · 52,866 chars OCR
  • Conservation Report287 pages · 535,245 chars OCR
  • Other Assessments42 pages · 71,154 chars OCR
  • Other Assessments28 pages · 39,872 chars OCR
  • Other Assessments50 pages · 89,735 chars OCR
  • Other Assessments (docid 379140)16 pages · 19,388 chars OCR
  • Other Assessments (docid 379142)16 pages · 40,193 chars OCR
  • Other Assessments (docid 379146)113 pages · 206,285 chars OCR
  • Other Assessments (docid 379147)26 pages · 35,779 chars OCR
  • Other Assessments (docid 379149)193 pages · 313,123 chars OCR
  • Other Assessments (docid 379150)106 pages · 193,434 chars OCR
  • Other Assessments (docid 379152)32 pages · 42,761 chars OCR
  • Other Assessments (docid 379155)63 pages · 86,203 chars OCR
  • Other Assessments (docid 379156)17 pages · 27,220 chars OCR
  • Other Assessments (docid 379157)41 pages · 52,941 chars OCR
  • Other Assessments (docid 379158)31 pages · 34,660 chars OCR
  • Other Assessments (docid 379163)60 pages · 93,773 chars OCR
  • Other Assessments (docid 379164)1 pages · 3,714 chars OCR
  • Other Assessments (docid 379165)1 pages · 6,078 chars OCR
  • Other Assessments (docid 379166)1 pages · 1,200 chars OCR
  • Other Assessments (docid 379170)96 pages · 155,960 chars OCR
  • Other Assessments (docid 379173)66 pages · 79,837 chars OCR
  • Other Assessments (docid 379174)77 pages · 149,547 chars OCR
  • Other Assessments (docid 379176)30 pages · 28,113 chars OCR
  • Other Assessments (docid 379177)1 pages · 1,274 chars OCR
  • Other Assessments (docid 379178)26 pages · 29,504 chars OCR
  • Other Assessments (docid 379179)44 pages · 70,213 chars OCR
  • Other Assessments (docid 379180)25 pages · 32,905 chars OCR
  • Other Assessments (docid 379201)33 pages · 58,490 chars OCR
  • Other Assessments (docid 379204)32 pages · 55,157 chars OCR
  • Other Assessments (docid 379215)65 pages · 178,140 chars OCR
  • Other Assessments (docid 379217)30 pages · 45,416 chars OCR
  • Other Assessments (docid 379233)1 pages · 5,187 chars OCR
  • Unsolicited Information61 pages · 136,826 chars OCR
  • Visual Assessment Report44 pages · 55,188 chars OCR
  • Visual Assessment Report23 pages · 81,460 chars OCR

Apparently missing (3)

  • Floor Plans
  • Schedule of Areas
  • Environmental Impact Assessment Report (EIAR)

Not required / unknown (1)

  • Public Consultation Report

How to use these findings

This report sets out our assessment of planning risk, drawn from the application's own documents. Please check each point against those documents before relying on it. This report does not constitute legal or planning advice.