HomeMy WebLinkAbout2560383 - Planners Report No 2MONAGHAN COUNTY COUNCIL
PLANNING AND DEVELOPMENT REPORT
File Ref: 25/60383
Applicant: Margaret Keenan
Development: Planning permission for a proposed retention development will consist of retention
of single storey modular type dwelling house located behind the existing streetscape,
lowering of ground levels and embankments, connection to public foul sewer via
existing foul network and all associated site works, boundary fencing and continued
use of existing vehicular entrance/exit to public road via right of way the completion
of the development shall consist of new entrance steps and guarding to dwelling, new
raised deck/patio with accessible ramp and all guarding, new 1.2m high timber
palisade fencing to the front boundary and all associated site services and landscaping
and planting works
Location: Mulladuff Smithborough Co. Monaghan
Site notice in place
Characteristics of Site /Area
The 0.122 hectare site is located just outside the settlement limits of Smithborough Village (Tier 4).
The site is level with the adjoining road and uses an existing access off the N54. The existing entrance
follows the south-western gable of a vacant two-storey property which is also owned by the applicant.
The sites north-eastern boundary is defined partly by wooden fencing and partly by trees and
hedgerow. The south-western and northwestern boundaries are defined by trees/hedgerow and a
rising embankment. The site essentially comprises the back yard of an existing roadside property
within main street Smithborough. The surrounding area is characterised by a combination of
residential and commercial uses.
Smithborough village map with site highlighted.
View of entrance to site (brown wooden fence) from opposite site of road
View into site and of structure to be retained from entrance
Relevant Site History
24/118: Permission for the demolition of an existing dwelling house and the construction of new
building comprising of 2 no. 2 bedroomed apartments including new streel external escape staircase
to the rear, new bin storage area, hard surface parking area to the rear and all ancillary site
development works. Significant Further Information received relates to revised Site Layout Plan,
Asbestos Survey Report and Traffic Management Plan. Grant.
Current enforcement file E15.2025. Warning letter issued in respect of ‘the erection of a building
structure, and associated services and works’ without planning permission.
Photograph provided by complainant (28/02/2025)
Photograph provided by complainant (03/04/2025)
Consultee Responses
Clones/Ballybay MD: No objections.
Roads Section: No objections.
TII: Comments Noted.
Submissions
On objection received from Phelim McElwaine. Concerns raised include;
• unauthorised works carried out on the site, including significant land excavation,
• damage to the root protection zones of mature boundary vegetation,
• the loss of important local biodiversity,
• risk of land subsidence,
• concerns regarding boundary encroachments,
• works do not comply with the required minimum setback distances from neighbouring
lands.
Pre-Planning
Yes, as indicated.
• Appropriate Assessment
Policy HCLP 8 section 15.13 ‘Assessments Required’ and 6.7 Natura 2000 Sites and Appropriate
Assessment (AA)
Under Article 6(3) of the EU Habitats Directive and Regulation 30 of SI no. 94/1997 “European
Communities (Natural Habitats) Regulations” (1997) any plan or project which has the potential to
significantly impact on the integrity of a Natura 2000 site (i.e. an SAC or SPA) must be subject to an
Appropriate Assessment. This requirement is also detailed under Section 177(U) of the Planning and
Development Acts (2000-2010). Policy HCLP1 of MCDP 2025-2031 states ‘No projects giving rise to
significant cumulative, direct, indirect or secondary impacts on Natura 2000 sites arising from their
size or scale, land take, proximity, resource requirements, emissions (disposal to land, water or air),
transportation requirements, duration of construction, operation, decommissioning or from any other
effects shall be permitted on the basis of this plan (either individually or in combination with other
plans or projects6)’.
The subject site is located approximately 10km from Sliabh Beagh SPA and approximately 10 km’s
from Kilroosky Lough SAC. There are no significant watercourses located within close proximity to the
site and no other known pathway connectors to the wider Natura 2000 network. Having regard to the
context and the development as proposed, and the activities associated with the development
proposal both during and post construction works, it is taken that it is not necessary for Stage 2
Appropriate Assessment to be carried out in relation to this development.
Planning Assessment
• Planning Principle
Rural Settlement Policy RSP8 and Section 2.13.2 ‘Category 2 -Remaining Rural Areas.
The site is located within a Category 2 ‘Remaining Rural Area’. This area comprises all other rural areas
outside of the settlements and the rural areas under strong urban influence. Within these remaining
rural areas, it is considered appropriate to facilitate rural housing in accordance with the principles of
proper planning and sustainable development. In these areas the challenge is to retain population and
support the rural economy while seeking to consolidate the existing village network. This stability is
supported by a traditionally strong agricultural economic base. Proposals in these areas shall be
assessed against relevant policies as contained in the Development Management Chapter 15.
• Section 15.9.1 Rural Character and policy RCP1
The development plan notes that each planning application will be considered on its own merits. The
threshold of the number of buildings that can be accommodated without a detrimental impact on
the rural character will depend on a number of factors including:
• the existing number of buildings in the area and how they visually relate to each other,
• the number of extant planning permissions,
• the sensitivity of the landscape, and
• the nature, scale and design of the proposed development.
Proposed Site Layout.
The are little or no views of the development from the public domain due to its location to the rear of
existing roadside buildings. Although adjoining the settlement limit boundary of Smithborough, given
the limited views, it is considered that it would not mar the distinction between the open countryside
and the built-up edge of Smithborough. It is considered that the development will not cause a
detrimental change to the character of the rural landscape at this location and is in compliance with
Policy RCP1.
• Section 15.9.2 ‘Site Selection and Design Guidelines’, Table 15.3 ‘Guidelines for Siting and
Designing a Rural House in the Vernacular Style’ and policy RSDP 1
The Plan states that the most successful designs are those that integrate best into the countryside,
and use simple shapes, forms and materials which are reflective of the vernacular. For example, the
traditional dwelling in County Monaghan usually had a linear plan form, with returns located to the
rear. The roof was constructed with full gables and chimneys were located along the ridge line. The
elevations had a greater proportion of solid than void, and windows had a vertical emphasis. New
rural housing, including contemporary designs, should reflect the traditional vernacular. Policy RSDP
1 states that Proposals for rural housing shall generally comply with Section 15.9.2 and Table 15.3 of
the Monaghan County Development Plan 2025-2031.
The applicant seeks permission for a modular, factory-made structure which appears to have been
erected on site in either one or two parts. The structure is mounted on concrete blocks leaving a
600mm void between ground level and finished floor level. The roof covering is of bituminous felt and
the walls are external Upvc Cladding Boards (Faux Timber Grey in colour). The windows and doors are
black uPVC. The dwelling ridge height is 3.955 metres in height and the overall floor area is 90m2. The
window arrangement is mostly simple and symmetrical. The roof pitch is particularly shallow, although
fairly typical for modular structure of this nature. The proposal includes a ramped access and decking
area bounded by polished aluminium handrails and tempered glass panels.
Proposed elevations/floor plans
The design of the modular structure proposed would be considered unacceptable on a permanent
basis at this location. Its design and finishes do not reflect the traditional rural vernacular or any
contemporary interpretation. Although simple in term of its scale and fenestration there would be
particular concerns with the formation and pitch of the proposed roof and also the proposed external
wall finishes, and although not visible from the public domain, there would be concern with the
precedent that this would set for similar undesirable designs. There would also be concerns with the
structures overall temporary nature and appearance of the structure.
15.10.5 Temporary Residential Accommodation
Although the applicant seeks to retain the structure on a permanent basis, given its temporary nature
it is considered appropriate to also assess same under this section of the MCDP. I this section, the
MCDP acknowledges that it may be necessary to provide temporary residential accommodation to
facilitate site specific, exceptional and/or personal circumstances. In these instances, the Planning
Authority may consider granting temporary permission for the installation of temporary residential
accommodation. Examples of this are where a permanent dwelling is being constructed on the same
site, or a site-specific need, as referenced above, has been clearly demonstrated. Planning permission
are not be granted for the permanent retention of this accommodation type.
.
Proposals for temporary residential accommodation can be granted for a maximum period of 5 years
in accordance with the following:
• Where a permanent dwelling is being constructed on the same site or where site-specific,
compelling domestic or personal circumstances have been demonstrated, and, where
genuine hardship would result if planning permission for the temporary accommodation
were refused.
The applicant has applied to retain a structure which is temporary in nature on a permanent
basis. No site specific compelling domestic or personal circumstances have been
demonstrated.
• A wastewater treatment and disposal system which complies with the requirements of the
EPA Code of Practice – Wastewater Treatment and Disposal Systems Serving Single Houses
(PE≤10) (2021), or any new or updated/subsequent versions.
The development will connect into the public mains.
• The vehicular access for the permanent dwelling on the same site shall be completed in
accordance with the conditions of the planning permission prior to the occupation of the
temporary residential accommodation.
An existing access is to used which is considered acceptable.
• The development would not detrimentally impact on residential or visual amenity.
No residential or visual amenity concerns arising.
• Section 15.10.4 Domestic Garages, Sheds, Ancillary Outbuildings and Car Ports.
No garage proposed.
• Section 15.9.5 Residential dwellings and agricultural buildings and Policy DABP 1
Where it is proposed to site a dwelling within 100 metres of an existing agricultural building in the
rural area, the applicant is required to submit a written agreement from the owner of the agricultural
building, consenting to the construction of the dwelling. It is noted that there are no agricultural
buildings located within 100 metres of the dwelling proposed.
• Section 15.9.6 Ribbon Development and Infill Development policy RIDP 1
The Sustainable Rural Housing Guidelines define ribbon development as five or more houses on any
one side of a given 250 metres of road frontage. The ribbon may not have a uniform building line, and
buildings set back from the road, staggered or an angle to the road will also be considered as ribbon
development, where they are visually linked. It is considered that the proposed development does
not constitute ribbon development.
• Section 15.22.5 On-Site Wastewater Treatment Systems and Policy 15.22.5
Not applicable to this development.
• Section 15.22.4 Landscaping and Boundary Treatment and Policy LCP 1
This section requires applicants to submit landscaping plans with all planning applications that are
commensurate to the scale of development being proposed. Landscaping details have been provided
and are considered to be commensurate with the scale of the development proposed. The site
includes and enclosed private amenity area to the east of the dwelling. It is noted that the submitted
objection has raised concerns about the removal of vegetation along the site boundaries to facilitate
the development carried out to date. The applicant will be requested to respond to the issues raised
in the submitted objection.
• Section 15.23 Road Access Standards and Policy RSP 1
An existing vehicular access is to be used. The MD Engineer and Roads Section have raised no
objections to the proposal.
Conclusion
Additional information is required to allow for a fully informed decision.
Recommendation.
It is recommended that additional information is requested follows:
1. a) Planning Authority notes the temporary nature and appearance of the residential
accommodation proposed. As per Section 15.10.5 ‘Temporary Residential Accommodation’ of
the Monaghan County Development Plan 2025-2031, temporary residential accommodation
may be acceptable where it facilitates site-specific, exceptional and/or personal
circumstances, for example, where a permanent dwelling is being constructed on the same
site or a site-specific need has been clearly demonstrated. The Development Plan also notes
that planning permission shall not be granted for the permanent retention of this
accommodation type. Having regard to same, the applicant is requested to provide additional
information to demonstrate how the proposed development complies with aforementioned
Section 15.10.5 ‘Temporary Residential Accommodation’ and associated policy TRAP 1 of the
Monaghan County Development Plan 2025- 2031.
b) Subject to item (a) above, the applicant is requested to submit the following details in
accordance with Article 35 of the Planning and Development Regulations 2001 (as amended):
i) Revise the site notice indicating ‘Significant Further Information/Revised Plans’, as
appropriate and revise the development description to include reference to the
temporary nature of the development proposed.
ii) Erect revised site notice on site.
iii) Publish a revised press notice indicating ‘Significant Further Information/Revised
Plans’, as appropriate and include the revised development description as set out above.
iv) Submit a copy of the revised site notice and revised press notice to the Planning
Authority.
2. Proposals for dwellings in rural areas are required to comply with Section 15.9.2 ‘Site Selection
and Design Guidelines’ and Table 15.3.3 ‘Guidelines for Siting and Designing a Rural House in
the Vernacular Style’ of the Monaghan County Development Plan (MCDP) 2025-2031. Having
regard to same, the Planning Authority has concerns with the design and appearance of the
development proposed, which if permitted, set an undesirable precedent for similar rural
dwelling designs. In particular, the following is noted;
a) design guidelines stipulate that dwellings should have traditional pitched gables and roof
pitches should normally be 35 to 40-degree pitch, except where the gable depth is below
7.5m, where a 45-degree pitch is acceptable. In this regard, the Planning Authority has
concerns with the shallow formation and pitch of the proposed roof structure.
b) design guidelines stipulate that materials and finishes should be traditional to the area
and in keeping with the character of the local landscape, unless the material proposed is
matching that of the locality. In this regard, the Planning Authority considers that the
proposed upvc cladding finish to the external walls and proposed bituminous felt roof
finish are inappropriate in this context.
The applicant is therefore requested to provide amended details/drawings to address the
above concerns.
3. A third-party submission has been received with respect to the development proposed. The
applicant is invited to review the content of same and respond to the issues raised.
Brian McGeary
Planner
07/11/2025