HomeMy WebLinkAbout2560358 - Chief Executives OrderMONAGHAN COUNTY COUNCIL
PLANNING AND DEVELOPMENT ACT 2000 (as amended)
Chief Executive's Order No: P449-26
Reference Number: 25/60358
Name of Applicant: Yvonne Mohan
Address: Eamon Sheridan
Markethouse, Main Street
Arvagh
Co. Cavan
H12W1W8
Nature of Application: Permission consisting of the construction of an extension to the rear
of an existing storey and a half type dwelling house, internal and
external alterations to dwelling house, conversion of existing attached
shed to living accommodation, new/modified entrance, boundary
walls, piers and fencing, decommissioning of existing septic tank and
replace with proprietary sewage treatment unit and percolation area
and all ancillary site works
Location of Development: Sheetrim
Monaghan
Co. Monaghan
ORDER:
I hereby decide, pursuant to the provisions of the Planning and Development Act 2000 (as amended)
and the Planning and Development Regulations 2001 (as amended) to grant permission for the above
development in accordance with documents submitted, subject to the 9 condition(s) set out in the
Schedule attached hereto.
I further decide that PERMISSION be granted subject to the same conditions on the expiration of the
period for the taking of an appeal to An Coimisiun Pleanala against this decision if there is then no
appeal before An Coimisiun Pleanala.
Adrian Hughes
SENIOR PLANNER
Date
25/60358 Yvonne Mohan, Sheetrim, Monaghan, Co. Monaghan
1.
a) The developer shall pay to Monaghan County Council a sum of €168.00 in accordance
with the General Development Contribution Scheme 2021-2026, made by the Council
under Section 48 of the Planning and Development Act 2000 (as amended), towards
expenditure incurred or proposed to be incurred by the Council in the provision of
community, recreation and amenity public infrastructure and facilities in the area.
b) The sum attached to this condition shall be revised from the date of the grant of
planning permission to the value pertaining at the time of payment in accordance with
the Wholesale Price Index for Building and Construction (Materials and Wages).
c) No works shall commence until payment of the development contribution is made in
full, or until Monaghan County Council has agreed in writing to a schedule of phased
payments of the sum.
Reason: It is considered appropriate that the developer should contribute towards the
expenditure incurred or proposed to be incurred by the Council in the provision of
community, recreation and amenity infrastructure and facilities in the area.
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a) Prior to any other works commencing, visibility splays of 70 metres, measured to the
nearside road edge in each direction, shall be provided from a point in the centre of
the entrance 2.4 metres from the road edge at a height of 1.05 metre to 2.0 metres
above ground level to an object height of 1.05 metres to 2.0 metres above ground
level in both directions. The visibility splays shall be retained and kept clear thereafter.
b) Where it is necessary to remove hedges, fences, embankments or other obstructions
in order to achieve the required visibility splays, they shall be reinstated behind the
visibility splays. It is recommended that any new trees or shrubs are planted back from
the visibility splays to allow for future growth and some species will require additional
set back. All existing planting must be kept trimmed behind visibility splays.
c) Where the existing roadside hedge/embankment is to be removed, the roadside verge
shall be widened (by grading back or infilling where necessary using appropriate inert
material) to include the entire area within the visibility splays, top soiled, and grassed
to the satisfaction of the planning authority.
d) The new entrance shall form a bellmouth of 4.0 metres radius with edge of new
boundary. Recessed entrance shall be of sufficient dimensions to contain a stationary
vehicle off the public road. Entrance gates shall open inwards only.
e) Entrance/access road shall be surfaced with concrete or bitmac from edge of public
road for a minimum of 5 metres and the surface shall be graded back so that its level
at 3.0 metres from the edge of the carriageway is a minimum of 100 mm below road
level. Gradient of access road shall be not greater than 1:20 (5.0%) for the first 5
metres from boundary and 1:10 (10.0%) thereafter.
f) Cattlegrid/ACO Drain/Gullies shall be installed at proposed entrance to the public road
and constructed in such a manner as to prevent water from the entrance flowing onto
the public road. Similarly, measures shall be taken to prevent road surface water from
flowing onto the entrance. The discharge from the above drainage shall be piped to an
appropriate drainage pipeline or watercourse.
g) Provision shall be made within the site for surface water drainage and no surface
water to be allowed flow onto the public roadway. The discharge of surface water
from the public road onto the site through road surface drainage and road subsoil
drainage to remain unimpeded.
h) No development exempt or otherwise shall be erected over the public sewer, drain or
water -main, unless otherwise agreed in writing with the planning authority.
i) Before any work is commenced on this development a security, by way of a cash
deposit, in the sum of €2250, shall be paid to the planning authority by the developer
to ensure the satisfactory completion of all surface water drainage/boundary work
within and abutting the site area, to prevent runoff of surface water onto the public
roadway and to ensure that no damage is caused to public roadway and any such
damage is repaired satisfactorily. Failure to carry out all entrance works to a standard
to the satisfaction of the planning authority will result in forfeiture of part or all of the
cash security.
Reason: In the interest of traffic/road safety.
3.
a) Prior to commencement of development, the applicant shall submit to the Planning
Authority for agreement in writing;
(i) A fully completed Water Protection Plan checklist.
(ii) A Construction and Environmental Management Plan (CEMP) for agreement.
This plan shall be sufficient to demonstrate that adequate measures will be in
place for the construction phase to ensure there is no discharge of polluting
matter/sediment laden waters to any waters. The Construction and
Environmental Management Plan shall take account of best practice and the
guidance produced by Inland Fisheries Ireland titled "Guidelines on Protection
of Fisheries during Construction Works in and Adjacent to Waters 2016". The
CEMP shall include the location details of the monitoring points where daily
visual checks shall be carried out.
(iii) A site -specific Construction & Demolition Resource Management plan for
approval. Applicant to consider Best Practice Guidelines for the preparation of
Resource & Waste Management Plans for construction and demolition
projects.
(iv) An Asbestos survey and removal plan for the proposed development works.
b) No development shall commence until the information required under a) above has
been agreed in writing with the Planning Authority.
Reason: In the interest of environmental protection.
4.
a) The developer shall ensure that mitigation measures in the CEMP are implemented
and that adequate measures and precautions are in place for the construction phase
to ensure there is no discharge of polluting matter/sediment laden waters discharging
from the site to any watercourse. These measures shall take account of the Guidance
produced by Inland Fisheries Ireland titled "Requirements for the Protection of
Fisheries Habitat during Construction and Development Works at River Sites",
available to download at https://www.fisheriesireland.ie/documents/624-guidelines-
on-protection-of-fisheries-during-construction works-in-and-adjacent-to-
waters/file.html.
b) Monaghan County Council and Inland Fisheries Ireland shall be informed immediately
of an accidental spillage of sediment laden waters, fuel, machine oil or any polluting
discharge which may threaten the quality of any watercourse or groundwater body.
c) The applicant shall ensure completely separate foul and surface water drainage
systems are in place.
d) The onsite wastewater treatment system and infiltration area shall be maintained in
accordance with manufacturers specifications.
e) Waste arising from the desludging of the wastewater treatment system shall be
collected by a suitably permitted collector in accordance with the Waste Management
Act, 1996 as amended.
f) Material storage, fuel handling, parking areas and other yard activities shall be
managed in a manner which prevents the discharge of polluting matter to ground or
surface water.
g) Any construction and demolition waste or excess soil generated during the
construction phase which cannot be reused on site in accordance with Section 3 (1)(c)
and Section 39 (1) of the Waste Management Act 1996 as amended, shall be
disposed/recovered at an appropriately permitted facility in accordance with the
requirements of the Waste Management Act 1996 as amended using authorised
waste collectors authorised to collect the type of material for disposal/recovery at
authorised treatment facilities.
h) If mulling material is required to be imported onsite the applicant shall conform to one
of the following;
(i) If utilising EPA Article 27 notification to move soil infill material from one site
to another, official correspondence from the EPA granting approval shall be
submitted to the Planning Authority prior to commencement of development.
or
(ii) If using waste material as infill, a valid permit must be obtained from
Monaghan County Council under the Waste Management (Facility Permit and
Registration) Regulations 2007 as amended prior to acceptance of material.
or
(iii) If buying topsoil material as a product for final landscaping purposes only,
documentation demonstrating purchase shall be submitted to Planning
Authority.
The applicant shall ensure completely separate foul and surface water drainage systems
are in place.
j) The onsite wastewater treatment system and infiltration area shall be maintained in
accordance with manufacturers specifications.
k) Waste arising from the desludging of the wastewater treatment system shall be
collected by a suitably permitted collector in accordance with the Waste Management
Act, 1996 as amended.
1) Material storage, fuel handling, parking areas and other yard activities shall be managed
in a manner which prevents the discharge of polluting matter to ground or surface
water.
m) All hazardous liquid waste or oil/fuel storage containers, temporary or otherwise, shall
be bunded. All bunds will be designed to contain 110 % of the capacity of the largest
storage container located within the bund. There shall be no overflow drain facility
from any bunds on site and all filling and off -take points shall be located within a bund.
n) Facilities shall be provided for the collection and segregation of recyclable waste.
Wastes shall be collected for recycling/reuse whenever feasible or otherwise disposed
of in accordance with the Waste Management Act, 1996 as amended.
Reason: In the interest of environmental protection.
5.
The following requirements shall be fully complied with:
a) The applicant is required to engage the services of a suitably qualified archaeologist
(licensed under the National Monuments Acts 1930-2004) to carry out pre -
development testing at the site. No sub -surface work shall be undertaken in the
absence of the archaeologist without his/her express consent.
b) The archaeologist is required to notify the Department of Housing, Local Government
and Heritage in writing at least four weeks prior to the commencement of site
preparations. This will allow the archaeologist sufficient time to obtain a licence to
carry out the work.
c) The archaeologist shall carry out any relevant documentary research and may
excavate test trenches at locations chosen by the archaeologist, having consulted the
proposed development plans.
d) Having completed the work, the archaeologist shall submit a written report to the
Planning Authority and to the Department of Housing, Local Government and
Heritage.
e) Where archaeological material is shown to be present, avoidance, preservation in situ,
preservation by record (excavation) and/or monitoring may be required, the
Department of Housing, Local Government and Heritage will advise the
Applicant/Developer with regard to these matters.
f) No site preparation or construction work shall be carried out until after the
archaeologist's report has been submitted and permission to proceed has been
received in writing from the Planning Authority in consultation with the Department of
Housing, Local Government and Heritage.
Reason: To ensure the continued preservation (either in situ or by record) of places, caves,
sites, features or other objects of archaeological interest.
6.
a) Existing mature trees and hedgerow defining the site boundaries shall be permanently
retained in this development. They shall also be reinforced with additional planting as
per the submitted landscaping plan and protected from damage at all times,
particularly during building operations.
b) Notwithstanding the submitted landscaping plan, the new site boundaries shall be
planted with native hedgerow species so as to form naturalised hedgerows similar to
existing hedgerows in the vicinity. Predominant species shall be whitethorn, with
blackthorn, hazel and holly also included. Planting shall be in a double staggered row
with 8 (eight) 2-3 year -old plants per metre; 250mm apart, with 300mm between
rows.
c) Hedgerow planting, as required, shall be supplemented as per the submitted
landscaping plan with native tree species at irregular intervals. Species shall include
ash, oak, sycamore and beech.
d) Planting as required shall be carried out in the first planting season following
commencement of building operations and shall be permanently retained thereafter.
Any plant which fails in the first planting season shall be replaced. Trees shall be
allowed to mature and shall not be topped when trimming hedgerows.
e) Any boundary fencing shall be of stained wood
Reason: In the interest of visual amenity.
7.
a) The proposed effluent treatment and disposal system shall be located, constructed
and maintained in accordance with the details submitted to the planning authority on
the 03/09/2025 and in accordance with the requirements of the document entitled
The Environmental Protection Agency Code of Practice Domestic Waste Water
Treatment Systems (Population Equivalent <= 10) 2021. No system other than the type
proposed in the application shall be installed without the prior written agreement of
the Planning Authority.
b) A maintenance contract for the effluent treatment and disposal system shall be
entered into from the first date of occupancy of the dwelling and permanently
maintained thereafter. Signed and dated copies of the contract, which shall be for a
minimum period of 3 years, shall be submitted to, and agreed in writing with the
planning authority within 2 months of the installation.
c) Surface water soakaways shall be located such that the drainage from the dwelling
and paved areas of the site shall be diverted away from the location of the polishing
filter.
d) Within two months of the first occupation of the dwelling, the developer shall submit
a report from a suitably qualified person with professional indemnity insurance
certifying that the proposed effluent treatment and disposal system has been installed
and commissioned in accordance with the approved details and is working in a
satisfactory manner and that the polishing filter is constructed in accordance with the
standards set out in the EPA document.
e) Proposed well to be located a minimum of 30m upgradient of proposed on site
DWWTS.
Reason: In the interest of public health and environmental protection.
8.
The external finishes of the proposed extension shall match the existing house in respect of
materials and colours unless otherwise stated on the lodged plans and specifications.
Reason: In the interest of visual amenity
9.
The development shall be carried out in accordance with plans and documentation submitted
to the Planning Authority on 03/09/2025 as amended by additional information submitted to
the Planning Authority on 20/04/2026 and 22/04/2026 except as may otherwise be required in
order to comply with the above conditions.
Reason: To ensure a satisfactory standard of development.
o2 •c
Adrian Hughes
Senior Planner
Date