foreshore acts 1933 to 2009 - general guidance notes

FORESHORE ACTS 1933 TO 2009 - GENERAL GUIDANCE NOTES

The Foreshore Acts require that before the commencement of any works or activity (including the erection of any structures) on State-owned foreshore a

licence or lease must be obtained from the Minister for Agriculture, Fisheries and Food for any works undertaken on the foreshore which are deemed to be:

• Wholly or primarily for the use, development or support of aquaculture or sea fishing.

• Located within the six designated Fishery Harbour Centres.

. Such a lease or licence is subject to an annual rental payable to the Exchequer. Foreshore is the land and seabed between the high water of ordinary or

medium tides (shown HWM on Ordnance Survey Maps) and the twelve-mile limit (twelve nautical miles is approximately 22.24 kilometres).

Applicants for a lease or licence are urged to consult the Department well in advance of finalising their proposals. An application for a lease or licence must

be accompanied by 10 copies (15 copies if there is a possibility of significant impact on the marine environment and any project requiring an EIS) of each of

the following documents and be sent to:

Foreshore Co-ordination Unit

Aquaculture and Foreshore Management Division,

Department of Agriculture, Fisheries & Food,

Clogheen, Clonakilty,

Co. Cork. 1. Completed application form. one with original signature.

2. Ordnance Survey Map of 6” scale (latest edition) showing the precise area and the hectarage involved below the line of high water of medium tides clearly

marked on the Map in distinctive colour. Applicants must certify and date all maps submitted, stating the area of foreshore involved in metric

measurements (i.e. hectares or square kilometres etc). Plan, elevation and sectional drawing showing clearly the nature of the proposed works and lines

and levels of high and low water of Spring tides.

3. Longitudinal section showing clearly how such works will be laid in relation to the surface of the seabed and having delineated on it the lines and levels of

high and low water of Spring tides.

4. Certified copy (only 1 copy required) of the Company’s Memorandum and Articles of Association and Certificate of Incorporation of a Limited Liability

Company/Rule Book/Constitution for a club or Co-Operative Society as appropriate to the particular circumstance.

Additional copies or any or all documents may be requested to facilitate examination by the Department’s specialist advisors.

Applicants are required to publish notice of their proposals in newspapers circulating in the area. The Department will prepare the notice and specify the

newspapers in which it should be published. A four week period is allowed for representations and objections to be made to the Minister. The applicant is

allowed an opportunity to comment on these before the final report is made to the Minister. The report will detail the proposal, the process that has been gone

through, objections and commentary on them, and recommend whether or not to grant a lease or licence and if so under what conditions.

Certain developments are subject to the European Communities (Environmental Impact Assessment) Regulations, 1989 to 1999. An application for any

development above the relevant threshold in the Regulations must include an Environmental Impact Statement (EIS). Applicants are encouraged to seek the

Department’s opinion at the scoping stage of the EIS. An appraisal of the environmental effects of a development below the threshold must be submitted by

the applicant to allow the Minister to decide whether it is likely to have significant effects on the environment. Where the decision is “yes” an EIS is

mandatory. The public consultation period for an application requiring EIS is one month and a copy of the EIS must also be provided by the applicant to the

consultative bodies named in the Foreshore (Environmental Impact Assessment) Regulations, 1990 [SI N° 220 of 1990].

Developments on the foreshore require planning permission in addition to a Foreshore Lease/Licence/Permission. All Foreshore Leases, Licences and

Permissions are without prejudice to the powers of the local planning authority. Applicants should, therefore, consult initially with the local planning authority

regarding their proposal. In the case of developments on foreshore for, by or on behalf of a Local Authority where an EIS is required, applications should be

made to An Bord Pleanála under Part XV, Planning and Development Act 2000. 10 copies of any applications made under this Act must be sent to this

Department at the time of application to An Bord Pleanála.

Applicants seeking permission to lay an outfall or discharge pipe on the foreshore should also apply to the local authority or the Environmental Protection

Agency for a licence under the Local Government (Water Pollution) Acts.

Developments on privately owned foreshore also require the prior permission of the relevant Minister under the Foreshore Acts.

Priority will be given to cases where emergency works are required for the preservation of human life. In such cases the Department should be contacted

immediately by an application form with the required documents and drawings made available by whatever means allow for speediest arrival, with an

undertaking to comply with any advice or instructions given by the Department. These completed applications would be dealt with as a priority in accordance

with standard procedures, but it may be necessary for the Department to require modification of works carried out or their replacement with more permanent

works of a design and nature acceptable to the Minister.

The Department of Agriculture, Fisheries and Food (Aquaculture and Foreshore Management Division) will be pleased to assist with any enquiries.

Telephone: +353 23 88 59500 Fax: +353 23 88 21782 Email: [email protected] Internet: www.agriculture.gov.ie

APPLICATION FOR A LEASE/LICENCE/PERMISSION UNDER THE

FORESHORE ACT 1933 (AS AMENDED)*

Please read Guidance Notes before completing this form

USE BLOCK CAPITALS IN BLACK INK

1. A. Name(s) of Applicant(s) in full Fingal County Council

B. Address(es) of Applicant(s) in full Water Services Dept Fingal County Council

Grove Road

Blanchardstown Dublin 15

Telephone: 01 8708452 Mobile: 087-9156559

Fax: 01 8708458 E-mail: [email protected]

RSI/PPS No:/CRO No: N/A Date of Birth: Not Applicable

C. Signature of Applicant

Date: NIAMH MCDONALD - SENIOR EXECUTIVE ENGINEER

(Where the signatory is an officer of a local authority or a company, the position held should be stated and the

signatory’s name should also be provided in block capitals).

D. Name of contact person if different from above Niamh McDonald (Senior Executive Engineer - Fingal County Council)

Address Water Services Dept

Fingal County Council Grove Road


Telephone: 01 8708452 Mobile: Not Available

Fax: 01 8708458 E-mail: [email protected] * Legislation Applicable: Foreshore Act, 1933 (No. 12); Foreshore (Amendment) Act, 1992 (No.17); Fisheries and Foreshore (Amendment) Act,

1993 (No. 54), Fisheries (Amendment) Act, 2003 (No. 21); European Communities (Environmental Impact Assessment Regulations, 1989 to

1999; Foreshore (Environmental Impact Assessment) Regulations, 1990 (S.I. No. 220); Planning and Development Act 2000 (No.

30) Part XV; Foreshore and Dumping at Sea (Amendment) Act 2009

For Office Use

Application Ref. No._________________

Date of receipt.

E. Name and Address of Applicant’s Legal Advisors (Applicants are strongly advised to seek legal assistance, prior to agreeing to accept an offer of a

foreshore lease/licence/permission as all are legally binding documents. Where an offer is made of a

Foreshore Lease/Licence/Permission it will be done through the Applicant’s Legal Advisors)

Helen O'Neill, Law Agent, Fingal County Council, Grove Road, Blanchardstown, Dublin 15

Telephone 01-8905000 Fax Not Available___________E-mail [email protected]

2. (A) A detailed description of the proposed works which are to be carried out on the foreshore. (Please feel free to use additional sheets, which should be signed and dated).

The works to be carried out on the foreshore and for which Fingal County Council is seeking consent under the Foreshore Act, will comprise of the following:

(i) Demolition and removal of existing outfall structures for Swords wastewater treatment plant on the state owned foreshore

(ii) Temporary working area for the construction of the new outfall on the state owned foreshore (iii) New outfall and outfall structure on non-state owned foreshore

Below is a detail description of the works envisaged for the upgrade of the existing outfall:

(i) The works will involve the removal of the existing outfall structures which project approximately 3 m beyond the riverbank of the Broadmeadow River at the top of the Broadmeadow Estuary just slightly upstream of the M1

Motorway Bridge (see Drawing No C007795 DRG 5). The existing outfall structures consist of a 750 mm diameter concrete pipe and a 375 mm diameter concrete pipe both with concrete surrounds. Both existing outfalls have cast-iron

hinged flap valves. The existing 375 mm outfall pipe also has a manhole access chamber located on the pipe in the

estuary beyond the riverbank. This manhole structure will also be removed.

(ii) In order to keep the area dry and prevent inundation of water from the estuary during the construction phase of the new outfall structure it is envisaged that a temporary dam or sheetpiling system will be required (approximately

170 m2) (see Drawing No C007795 DRG 5). In order to prevent inundation due to flows from the wastewater treatment plant during construction phase it is also envisaged that overpumping of flows from upstream manholes will be required.

(ii) The construction of a new reinforced concrete outfall structure consisting of a reinforced concrete ground bearing

base slab supporting a reinforced concrete wall (26.25m2). The outfall structure (see Drawing Nos. C007795 DRG

1, C007795 DRG 2 & C007795 DRG 3) will provide support and provide access to new flap valves which are to be installed on the existing 750 mm diameter concrete outfall pipe and the proposed 900mm concrete outfall pipe. The

proposed 900 mm outfall pipe will replace the existing 375 mm outfall pipe. The proposed outfall structure will be recessed into the riverbank which will involve open excavation works. The outfall structure will direct bear on ground

due to the relatively good ground conditions. Finished ground levels over the proposed 900 mm outfall pipe will be raised to match the raised ground levels which already exist over the 750 mm outfall pipe to offer protection to the

pipe which has to be laid shallow due to level constraints. Due to the limited cover over the proposed 900 mm pipe a

concrete surround will be provided to protect the pipe. A 1.1 m high stainless steel handrail will be provided along the top of the reinforced concrete wall of the outfall structure to reduce risk of falling from a height. The new outfall

structure will permit safer access to the hinged valves and outfall pipes than the existing outfall arrangement.

It is estimated that the duration of the construction works for the entire outfall pipeline will be 3 months.

(B) A Statement of reason for the works

As part of the Detailed Design of the Swords Waste Water Treatment Works expansion works to 90,000 PE, the

hydraulic capacity of the final outfall system was assessed using an InfoWorks Hydraulic Model.

The model estimated the capacities of the 750 mm and the 375 mm final effluent outfalls were 0.85 m3/s and 0.13

m3/s respectively, giving a total combined capacity of 0.98 m3/s.

Based on the information obtained from a Flow and Load Survey carried out early in 2010, the inlet flow for the 90,000 PE expansion 6 DWF (Dry Weather Flow) has been estimated at 1.35m3/s. The existing final effluent outfall pipes are

therefore approximately 0.37 m3/s under capacity for the proposed 90,000 PE upgraded treatment plant.

Based on examinations of the existing inlet sewers results from the hydraulic modelling, the estimated peak flow that

can arrive at the works is in the order of 2.1 m3/s. Following a detailed assessment of upgrade alternatives, Fingal County Council has decided to replace the existing 375 mm with a 900 mm pipe, which combined with the existing 750 mm gravity outfall, provide a capacity of approximately 2.2 m3/s.

A statement of the disturbance to the foreshore, arising from these works, should be attached covering the

impact on the marine environment including the impact on coastal erosion, navigation, fishing, fisheries (various species known to inhabit the area), pleasure boating and sailing, air navigation (if appropriate).

A Habitats Directive Assessment has been completed to assess the impact of the proposed 900 mm pipeline and outfall

structure on the conservation objectives and integrity of the Malahide Estuary SAC (Site Code 000205) and the Broadmeadow/Swords Estuary SPA (Site Code: 004025) - Appendix A.

Due to the size, scale and location of the new outfall structure there will be no significant impact on the marine environment e.g. coastal erosion, navigation, pleasure boating or sailing. The proposed outfall structure is being located at the same location as the current outfall structure; however this new structure will be recessed into the riverbank and not 3 m out from the bank. With appropriate mitigations relating to timing of works and water quality,

no significant impact is anticipated with regard to Fisheries.

The impact of the proposed WWTW upgrade, in terms of the impact of the waste water discharge, on the Malahide

Estuary SAC (Site Code 000205) and the Broadmeadow/Swords Estuary SPA (Site Code: 004025) has been investigated through a Screening and Appropriate Assessment process in accordance with the recommendations of the

EPA document “Note on Appropriate Assessments for the purposes of the Waste Water Discharge (Authorisation)

Regulations, 2007” and the various guidance documents identified in that Note. This document is appended to the Document (see Appendix B).

(C) Provide the following location details in respect of the area of foreshore for which the

Lease/Licence/Permission is sought:

(i) Bay: Broadmeadow River, which flows into the Broadmeadow Estuary

(ii) County: Dublin

(iii) Geographic co-ordinates in degrees, minutes and seconds

See Drawing: C007795 DRG 4 Permanent Structure: E 319291.5691 N 247777.9306

E 319291.6548 N 247775.8904 E 319292.9464 N 247774.2351

E 319293.5699 N 347772.3439

E 319295.2809 N 347771.0566 Temporary Working Area:

E 319304.2792 N 247760.6110

E 319308.3321 N 247762.4240 E 319299.5426 N 247782.5618

E 319291.1156 N 247778.9195

(iv) OS Map No.: see Drawing: C007795 DRG 1

(v) Size (hectares) sees Drawing: C007795 DRG 4 Permanent Structure: 26.25m2

Temporary Working Area: 170 m2

(vi) Local Authority: Fingal County Council

3. RECORD OF DOCUMENTS ENCLOSED WITH THIS APPLICATION (4444) An application for a lease or licence must be accompanied by 10 copies (15 copies if there is a possibility of

significant impact on the marine environment and any project requiring an EIS) of all relevant documents.

(i) Ordnance Survey Map (Scale of 1:10,560, ie a six inch map) Applicants must certify and date all maps submitted, stating the area of foreshore involved

in metric measurements (i.e. hectares or square kilometres etc) with the area involved clearly delineated

in red thereon.

(ii) British Admiralty Chart (largest available scale)

(iii) Decision of planning authority or An Bord Pleanála under

Planning Acts (Required) Developments on the foreshore require planning permission in addition to a Foreshore

Lease/Licence/Permission. All Foreshore Leases, Licences and Permissions are without prejudice to the

powers of the local planning authority. Applicants should, therefore, consult initially with the local

planning authority regarding their proposal.

(iv) Copy of licence under Section 4 of Local Government

Water Pollution Act, 1977

(v) Environmental Impact Statement

See Appendix C

Planning permission was given in 1998 to increase the plant to a capacity of 90,000 PE in two phases. The initial phase of this expansion was completed in 2003 when it reached its current design capacity of 60,000 PE. Since

completion of the Phase 1 Expansion Works in 2003, growth in the Swords catchment has outstripped the t treatment works’ current capacity. Having now reached its maximum capacity, further development in Swords is

now being curtailed at the planning stage and therefore, Fingal County Council (FCC) has decided to expand and upgrade the treatment plant to 90,000 PE in line with the 1998 EIS.

(vi) Drawings of the structures to be used and/or layout

(vii) Copy of any correspondence with the Department of the Environment,

Heritage and Local Government (Heritage and Planning Division)

(viii) Certified copy of Company’s Memorandum and Articles of

Association (Only one copy is required)

(ix) Certificate of Incorporation of a Limited Liability Company/

Rule Book/Constitution for a Club or Co-Operative Society

as appropriate

(x) Other (specify):

Appendix A Swords Waste Water Treatment Works - Foreshore Application: Habitats Directive Assessment (Outfall

Structure & Pipeline).

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√

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Appendix B Swords Waste Water Treatment Works: Waste Water Discharge Licence Application: Habitats Directive Assessment (WWTW Discharge)

(Note: It may not be necessary to include all of the above documents please refer to the accompanying

“Guidance Notes”.

4. Details of any previous Leases/Licences/Permissions received by the applicant for this or any

adjoining sites (if appropriate)

(i) Date of Lease/Licence/Permission: Not Applicable

(ii) Reference number(s): Not Applicable

5. Is all or any part of the Foreshore (the subject of this application) in private ownership? (This search should be carried out in the Registry of Deeds and Land Registry and copies of results,

including where appropriate, folio maps should be included).

If yes, please provide details of ownership. (see Appendix D attached).

Have adjacent land owners, whose properties may be affected by these works been consulted? Please provide details/permissions as appropriate.

The existing outfall goes through a wayleave in land owned by a Mr Paul Walls, Estuary House, Swords, Co. Dublin.

Final County Council are currently revising the new wayleave with Mr Walls under the Water Services Act. Mr Walls

does not object to the upgrading of the pipe

6. Employment Implications (if any): The construction of the outfall will provide temporary employment through the construction works, however the

operational works will not lead to the employment of additional staff.

7. Capital cost of proposed works (€ - Euro) Outfall Costing will be approximately €200,000 and WWTW will be €10M

8. Do the proposed works involve the draw down of European Union or State funding? Fingal County Council is currently funding the project.

If “Yes” give details, including any time restrictions, etc. applying

________________________________________________________________________

9. Do the proposed works provide for public use, restricted use or strictly private use? (give details)

The proposed work is in conjunction with a municipal treatment plant (i.e. serves the public)

10. Are there public health/safety implications arising from the proposed works? (e.g. effluent disposal,

removal of derelict or dangerous structures etc.)

There are no direct health/safety implications arising from the proposed works. All construction works and operation

works will be carried out in accordance with relevant health and safety regulations.

Indirect effects will be the discharge of waste waster effluent from the Upgraded Waste Water Treatment Works. However, this discharge will be carried out in accordance with the conditions of the EPA Discharge Licence which will

ensure that there are no direct negative impacts on the receiving waterbody.

10a. Are there public navigational safety implications arising from the proposed works?

There are no public navigational implications arising from the proposed works (construction or operational).

1. What marine activity is there in the area?

There is a great variety of marine activity around the Broadmeadow Estuary, Swords Sailing and Boating Club, Malahide Yacht Club, Fingal Sailing School and a 300 berth marine in the outer Estuary. However, there is no marine

activity in the Broadmeadow River at the location of the proposed outfall structure. ____________________________________________________________________________________

2. How will the marine activity be affected by the proposed works? The marine activity in the Broadmeadow Estuary will not be affected by the proposed works. ____________________________________________________________________________________

3. What mitigating measures will be put in place? Not Applicable ____________________________________________________________________________________

4. How will the proposed works affect Marine Navigation in the future?

The proposed works will not affect marine navigation in the future.

11. Will the works involve the storage and/or disposal of waste?

Yes

If “Yes” please give details of the type of waste and the proposed method of storage and/or disposal

(including location).

The type of waste will include (a) excavated subsoil from the pipeline trenches and (b) demolition waste consisting of broken concrete from the existing outfall structures. All waste will be disposed of offsite in accordance with the Waste

Management (Collection Permit) Regulations

*Certain developments are subject to the European Communities (Environmental Impact Assessment) Regulations, 1989 to 1999.

It is the responsibility of the applicant to consult and comply with these Regulations. Where the relevant threshold in the

Regulations is exceeded an application for permission under the Foreshore Acts must include an Environmental Impact Statement

(EIS). Applicants are encouraged to seek the Department’s opinion at the scoping stage of the EIS.

An appraisal of the environmental effects of a development below the threshold must be submitted by the applicant to allow the

Minister to decide whether it is likely to have significant effects on the environment. Where the decision is “yes” an EIS is

mandatory.

In the case of developments on foreshore for, by or on behalf of a Local Authority where an EIS is required, applications should be

made to An Bord Pleanála under Part XV, Planning and Development Act, 2000. 10 copies of any applications made under this

Act must be sent to this Department at the time of application to An Bord Pleanála.

Note: While every effort will be made to deal promptly with applications, priority will be given to dealing with applications

involving public infrastructure, public health, public use and those having employment implications.

Any additional Information

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Please send completed application form to:


Aquaculture and Foreshore Management Division

Department of Agriculture, Fisheries & Food

Clogheen, Clonakilty, Co. Cork

Tel: + 353 23 88 59500

Fax: + 353 23 88 21782

E-mail: [email protected]

Incorrectly completed or incomplete application forms cannot

be processed and will be returned.







Grove Road


















For Office Use


Date of receipt.




















(ii) County: Dublin



E 319291.6548 N 247775.8904 E 319292.9464 N 247774.2351

E 319293.5699 N 347772.3439


E 319304.2792 N 247760.6110

E 319308.3321 N 247762.4240 E 319299.5426 N 247782.5618

E 319291.1156 N 247778.9195









in red thereon.










See Appendix C











as appropriate




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mandatory.







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Tel: + 353 23 88 59500

Fax: + 353 23 88 21782










Grove Road


















For Office Use


Date of receipt.




















(ii) County: Dublin



E 319291.6548 N 247775.8904 E 319292.9464 N 247774.2351

E 319293.5699 N 347772.3439


E 319304.2792 N 247760.6110

E 319308.3321 N 247762.4240 E 319299.5426 N 247782.5618

E 319291.1156 N 247778.9195









in red thereon.










See Appendix C











as appropriate




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Yes











mandatory.







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Tel: + 353 23 88 59500

Fax: + 353 23 88 21782




foreshore acts 1933 to 2009 - general guidance notes

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