Members will have received a letter from the Ballinaglera GAA Club in April regarding the current difficulties faced by young people from their parish who wish to build a home on their own landholding. I ask that the Chief Executive provide a detailed reply to this letter at the May meeting of Leitrim County Council so that we, the members, can consider and debate thoroughly the genuine concerns as expressed in this letter, understand the current challenges we face in addressing planning issues in this county, and what work is underway by this Local Authority in finding a long term solution to this issue.
Minutes:
It was agreed by the Members that Motion No 12 in the name of Councillor Enda McGloin and Motion No 14 in the name of Councillor Sean McDermott be taken concurrently as they relate to the same matter.
To consider the following Notice of Motion submitted by Councillor Enda McGloin;
"Members will have received a letter from the Ballinaglera GAA Club in April regarding the current difficulties faced by young people from their parish who wish to build a home on their own landholding. I ask that the Chief Executive provide a detailed reply to this letter at the May meeting of Leitrim County Council so that we, the members, can consider and debate thoroughly the genuine concerns as expressed in this letter, understand the current challenges we face in addressing planning issues in this county, and what work is underway by this Local Authority in finding a long term solution to this issue."
Report by Director of Services for Economic Development, Planning, Environment and Transportation.
"The substantive issue in relation to one off housing in Leitrim including the area surrounding Ballinaglera is not one necessarily related to the rural housing policy contained in the County Development Plan, it relates to the effective treatment and disposal of wastewater treatment from individual houses. Any person originally from or residing in the Ballinaglera parish would satisfy the rural housing need of Medium Capacity with the area along the Regional Road identified as Low Capacity. The area north of Ballinaglera and including Dowra is identified as High Capacity to accommodate individual houses.
Unfortunately, due to the underlying nature of the sub soils which are present across the majority of our county (estimated at 87% of our soils), the soil percolation tests fail to meet the acceptable percolation rates required to comply with the EPA Code of Practice and the sites are deemed unsuitable for discharge of treated wastewater or effluent to ground. As is well known and debated on numerous occasions already this is proving a significant impediment to the granting of planning permission for individual dwellings in the countryside by the Planning Authority and indeed is preventing many prospective applicants making applications in the first instance as agents are aware that the subject sites will be deemed unsuitable once the soil percolation tests are undertaken. The points raised in the letter in relation to the underlying soils having a disproportionate impact on Leitrim is both acknowledged and accepted by the Planning Authority and has been debated locally by the Council and articulated on many occasions at national level.
For new individual houses in the countryside, site characterization tests must be carried out in accordance with the EPA Code of Practice for Wastewater Treatment and Disposal Systems Serving Single Houses (p.e=10), 2009. This will be replaced from 7th June by the updated version of the Code of Practice. Some of the more significant changes with this new Code of Practice will be:
a) Additional options in low permeability soils: Drip dispersal: These are pressurised systems that release effluent through a network of pipes just beneath the surface. They can be used in low permeability soils up to a percolation value of 120. (Previous maximum acceptable value was 90). They are specialised systems that require expert design and installation and increased maintenance.
b) Low-pressure pipe distribution: These are pressurised systems that release wastewater through pipes laid in shallow trenches beneath the surface. They can be used in low permeability soils up to a percolation value of 90.
• Willow bed evapotranspiration systems:
These can be used for secondary treatment of effluent. They are large, sealed basins planted with willow. Monitoring of full-scale systems found that full evapotranspiration was not achieved so discharge of final effluent to ground will require an offset tertiary soil polishing filter. The work undertaken by Leitrim County Council on highlighting such options through trials was considered the basis for the inclusion of this concession which provides the foundation for the continued pursuit of the zero-discharge solution.
It is considered that these amendments in the Code of Practice will allow some marginal sites to obtain planning permission which would not have been possible previously. This is welcomed by the Planning Authority although it is likely that it will take some time for this impact to become evident.
The requirement to comply with the applicable Code of Practice is enshrined in the County Development Plan in accordance with the instruction of the Minister for Environment, Heritage and Local Government by way of Circular PSSP 01/2010. The Circular clearly requires Planning Authorities to ensure both policies and development management procedures are explicitly clear that all sites will be rigorously assessed in accordance with the Code of Practice.
Notwithstanding the requirement for the Code of Practice to be adhered to regarding planning policies and development management processes as set out persons building an individual house are obliged to comply with the requirements of the Building Regulations under a separate code from Planning. The aim of the Building Regulations is to provide for the safety and welfare of people in and about buildings. The Building Regulations apply to the design and construction of a new building (including a dwelling) or an extension to an existing building. The minimum performance requirements that a building must achieve are set out in the second schedule to the building regulations. These requirements are set out in 12 parts (classified as Parts A to M). Technical Design Document H deals with ‘Drainage and Wastewater Disposal’ updated in 2016 S.I. No. 561/2010 - Building Regulations (Part H Amendment) Regulations 2010. They require that a building shall be provided with such a drainage system as may be necessary for the hygienic and adequate disposal of foul wastewater from the building. A wastewater treatment system shall be so designed, sited and constructed that it is not prejudicial to the health of any person, it does not cause a risk to public health or the environment, it prevents unauthorised access but allows adequate means of access for emptying and maintenance, it will function to a sufficient standard for the protection of health in the event of a system failure, it has adequate capacity, it is impermeable to liquids, and it is adequately ventilated.
Section 2.1.2 of Technical Guidance Document states
In general, the design and installation of wastewater treatment systems for single houses should comply with the relevant parts of the Environmental Protection Agency’s (EPA) Code of Practice 2009 Wastewater Treatment and Disposal Systems Serving Single Houses.
This publication also includes guidance relating to site assessment, test holes, the appropriate distances between the wastewater treatment systems and critical targets including dwellings, wells and site boundaries.
The Water Services Act, 2007 places a duty of care on homeowners to ensure that all standalone wastewater treatment systems are kept so as not to cause a risk to human health or the environment or create a nuisance through odours.
The problem which prevails is not therefore one which is within the gift of the Local Authority to remedy.
Leitrim County Council has been attempting to identify options that could be explored to provide a wastewater treatment system solution that would be suitable, acceptable and affordable. Not all options which have been explored and suggested adhering to these 3 principles. Leitrim County Council has been actively pursuing innovative solutions to facilitate the design of a wastewater treatment and disposal facility that would have the potential to have a zero discharge or near zero discharge of effluent and, if successful, allow sites with poor percolation characteristics to treat the discharge of treated wastewater in a manner which was not prejudicial to public health. The cost of implementing this system was subsequently highlighted as prohibitive. However, the costs were in the context of the testing of the solution as part of a pilot scheme. The Council has, for quite some time, being pursuing financial support nationally towards these costs. Trinity College has been identified as the academic partner of the Council in setting out a possible research programme to support the pilot. The Council awaits the opening of a call for research projects by the EPA in the coming weeks in order to submit an application for support in conjunction with Trinity College. If successful, this process would allow the pilot scheme for the purposes of the testing of the zero-discharge concept to proceed at more reasonable cost to the householder.
One further option now being considered would be the direct discharges form domestic wastewater systems to surface waters and provide appropriate levels of environmental protection with associated general application rules/alternative licensing system. Leitrim County Council are exploring and evaluating this option regionally (with Roscommon, Longford, Cavan and Monaghan County Councils) and subsequently then with the Department. The Council believes that there is the potential for an intervention in the Wastewater Pollution Regulations to accommodate a more suitable permission system for domestic scenarios.
In addition, the Council is considering the option of identifying locations for serviced sites in selected locations which are serviced by the public drainage network through the Development Plan process. Subsequently an external funding source would be required to put the serviced sites in place."
To consider the following Notice of Motion submitted by Councillor Sean McDermott;
"In light of the recent revelations from Ballinaglera GAA Club on the subject of depopulation and how it is ''Sucking the life blood out of it's community” and which is repeated in rural parishes around the county, their press release indicates the need for solutions with substances to be enshrined in the next County Development Plan. Can we as a Council and Councillors address this issue of depopulation in our rural parishes in the next County Development Plan. When the Council are making decisions on planning in rural areas, special considerations should be given to rural areas that has sustained population loss."
Report by Director of Services for Economic Development, Planning, Environment and Transportation.
"It is considered that the substantive issue raised in this Notice of Motion will be considered in the context of the draft County Development Plan, the preliminary draft of which is nearing completion. It is considered that the response to Notice of Motion No. 12 is also of relevance to this Motion. The issue of depopulation is acknowledged but the overriding issue of sites having to comply with the EPA Code of Practice remains."
Councillor Enda McGloin welcomed Padraig Loughlin, Chairman of Ballinaglera GAA to the meeting who was joint author of the letter from Ballinaglera GAA. He thanked Mr Lar Power, Chief Executive, Mr Joseph Gilhooly, Director of Services and Mr Bernard Greene, Senior Planner for their comprehensive reply to the motion.
Councillor Enda McGloin outlined the concerns expressed in the letter from Ballinaglera GAA, and the current challenges that Members face in addressing planning issues in county Leitrim and he said if Members had the power to deal with this they would have done so.
Councillor Enda McGloin said he would not accept the statement that rural Ireland is finished. Cllr McGloin said there are a lot of sites available, and he would like to see different scenarios for people who may have a job and who have no contact to farming. Councillor McGloin said he would like to see timelines for particular studies carried out by EPA and a soil type map.
Councillor Enda McGloin said he will continue to work with Ministers to provide a wastewater treatment system solution that will be suitable, acceptable and affordable and pursue funding for a trial system in this regard.
Councillor Sean McDermott referred to the letter from Ballinagelera GAA which stated that 10 or 12 GAA clubs will not be around in future. He said his own GAA club will definitely not survive if something is not done to address the planning issue.
Councillor Sean McDermott said solutions with substance should be included in the next County Development Plan and this issue needs to be looked at seriously.
Councillor Brendan Barry supported both motions.
Councillor Brendan Barry acknowledged Leitrim County Council are working within the rules and he said there should be more “lee way” on the requirement of “immediate vicinity” and he referred to a scenario whereby a person has a site in Ballinaglera and is renting in Drumshanbo and would be excluded due to immediate vicinity.
Councillor Sean McGowan supported the motions and he paid tribute to Ballinaglera GAA for raising the matter and he hoped Ballinaglera GAA with the support of the County Board would further highlight this problem.
Councillor Sean McGowan referred to his motion he raised at the January meeting in regard to wastewater treatment systems and how capable these systems are for serving one off houses. Councillor McGowan reqeusted that we continue to push the Government on this issue.
Councillor Felim Gurn supported the motions and said a solution has to be found, as there is a huge demand to live in the North West since the onset of the Covid pandemic and people want to move back to rural Ireland.
Councillor Justin Warnock said if there is no planning for one-off houses it will lead to afforestation. If people want to work the land, they have to live on the land, and something needs to be done to address this.
Councillor Ita Reynolds Flynn asked if clarification on the position from the EPA can be sought as this is such a serious situation.
Councillor Padraig Fallon paid tribute to Ballinaglera GAA and the extensive coverage this issue has got nationally. He concurred with Cllr Barry in regard to the review of immediate vicinity and outlined ribbon and cluster developments may provide options, but it is not the solution.
Councillor Enda McGloin commended Deputy Kenny for his Private Members Bill on Local government (Water Pollution) (Amendment) Bill and he outlined the contents of the bill and reason why the bill has to be reviewed by a water review group.
Councillor Mary Bohan outlined that everyone is trying to get a resolution to this issue. Leitrim County Council have met Ministers, went on deputations and still have not been able to get a solution and a solution to this issue is not within the power of Leitrim County Council.
Mr Bernard Greene, Senior Planner stated he had read and considered the letter from Ballingelera GAA and has given a comprehensive reply. Mr Greene outlined that due to the underlying nature of the sub soils which are present across the majority of County Leitrim, the soil percolation tests fail to meet the acceptable percolation rates required to comply with the EPA Code of Practice and the sites are deemed unsuitable for discharge of treated wastewater or effluent to ground.
Leitrim County Council are working with other local authorities in the region and with the Department on the issue. Leitrim County Council believes that there is the potential for an intervention in the Wastewater Pollution Regulations to accommodate a more suitable permission system for domestic scenarios.
Leitrim County Council is considering the option of identifying locations for serviced sites in selected locations which are serviced by the public drainage network through the Development Plan process. An external funding source would be required to put the serviced sites in place.
Mr Greene said there is no impediment in living in the area and renting in Drumshanbo and outlined he would speak to Cllr Barry in this regard.
Mr Joseph Gilhooly outlined the requirement to comply with the applicable Code of Practice is enshrined in the County Development Plan in accordance with the instruction of the Minister for Environment, Heritage and Local Government by way of Circular PSSP 01/2010. The Circular clearly requires Planning Authorities to ensure both policies and development management procedures are explicitly clear that all sites will be rigorously assessed in accordance with the Code of Practice.
From 7th June 2021 there will be an updated version of the Code of Practice. These amendments in the Code of Practice will allow some marginal sites to obtain planning permission which would not have been possible previously. This is welcomed by the Planning Authority although it is likely that it will take some time for this impact to become evident.
The requirements under the Code of Practice set out the planning policies and development management processes that must be adhered to. Persons building an individual house are further obliged to comply with the requirements of the Building Regulations under a separate code.
The Water Services Act, 2007 places a duty of care on homeowners to ensure that all standalone wastewater treatment systems are maintained so as not to cause a risk to human health or the environment or create a nuisance through odour.
Mr Gilhooly outlined Leitrim County Council has been actively pursuing innovative solutions to facilitate the design of a wastewater treatment and disposal facility that would have the potential to have a zero discharge or near zero discharge of effluent and, if successful, allow sites with poor percolation characteristics to treat the discharge of treated wastewater in a manner which was not prejudicial to public health. The cost of implementing this system was subsequently highlighted as prohibitive. However, the costs were in the context of the testing of the solution as part of a pilot scheme. Leitrim County Council has been pursuing financial support nationally towards these costs.
Leitrim County Council awaits the opening of a call for research projects by the EPA in the coming weeks in order to submit an application for support in conjunction with Trinity College. If successful, this process would allow the pilot scheme for the purposes of the testing of the zero-discharge concept to proceed at more reasonable cost to the householder.
Mr Francis Gaffney said the new Code of Practice, while with some relaxations, is still going to be prohibitive. Mr Gaffney outlined that surface water regulations are very strict and serious. It is very difficult to adjudicate on if all the supporting backup data is not made available.
Councillor Enda McGloin noted Trinity College has been identified as the academic partner of the Council for a possible research programme and he queried if this will this be funded by the Department.
Mr Gilhooly said the Executive and the Members had previously sought to secure funding from two Governments departments for research and this did not come to fruition. The EPA annually do a research call, and this is due to open within weeks and Leitrim County Council will make an application under that call for research of zero discharge systems.
Cathaoirleach, Cllr Mary Bohan queried if successful what timeline will be involved.
Mr Gilhooly outlined it would be 12 months from point of application.
Councillors Des Guckian, Finola Armstrong McGuire and Paddy Farrell all complimented Ballinaglera GAA for their correspondence and supported the motion.