Loading...
HomeMy WebLinkAbout269 - Planners Report1 MONAGHAN COUNTY COUNCIL PLANNING AND DEVELOPMENT REPORT File Ref: 269 (Grant) Applicant: Martina Gray Development: permission to retain and complete dwelling house, new domestic garage, insert new filter unit and percolation area and open new entrance on to public road Location: Derrydorraghy Tydavnet, Co. Monaghan 1. Date of Site Inspection 31/03/2026 1.1 Site Notice & Photos Site Notice in order 31/03/2026 2.0 Characteristics of Site/Area • 0.2090ha Site Area • Brownfield application site • All natural site boundaries defined. • Site comprises of dwelling footings • New vehicular access onto a Local Tertiary Road (L-50712-0). • Subject site is not located within a OPW Flood Risk Area • Zoned as “Category 2 – Remaining Rural Area” as per the Monaghan County Development Plan 2025 – 2031. 2 Site Location Plan 3.0 Site History 06/703 - Hugh McElwain two storey dwelling house, domestic garage, sewage treatment unit, percolation area, entrance to public road and associated site works Permission – Granted 4.0 Consultee/Referral Responses 4.1 MCC Internal 3 EHO: Report dated 31/03/2026. No objections subject to conditions. 4.2 Consultees No Referrals on Planning Application Control Form 5.0 Objections/Representation Received No objections or representations received. 6.0 Pre-Planning Meetings None, as indicated on the Application Form. 7.0 Planning Assessment 7.1 Proposed Development This is an application for Permission for: 1) permission to retain and complete dwelling house, new domestic garage, insert new filter unit and percolation area and open new entrance on to public road Site Layout Plan 7.2 Development Plan Policy/Ministerial Guidelines Monaghan County Development Plan 2025 - 2031 4 • Section 2.13.2 Category 2 - Remaining Rural Areas • Section 3.15 Rural Housing • Section 6.7 Natura 2000 Sites and Appropriate Assessment • Section 15.9 Housing in Rural Area • Section 15.9.1 Rural Character • Section 2.12 Rural Settlement Strategy • Section 15.22.3 All Rural Accesses • Table 15.3 Design Guidelines for Rural Housing • Section 15.9 Housing in the Rural Area • Section 15.10.4 Domestic Garages, Sheds, Ancillary Outbuildings and Car Ports • Section 15.22.5 On-Site Wastewater Treatment Systems • Section 15.22.4 Landscaping and Boundary Treatment • Section 15.23 Road Access Standards 7.3 Assessment The proposal will be considered against the following policies and objectives contained in the Monaghan County Development Plan 2025 - 2031. Natura 2000 Sites and Appropriate Assessment (Section 6.7) 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 within approx. 3km of Sliabh Beagh SPA and 17km of Kilroosky Lough. It is also located more than 15km from any other Natura 200 site, either in the Republic of Ireland or N. Ireland. There are no significant watercourses located within close proximity to the site and no known pathway connectors with the Natura 2000 network. Having regard to cumulative effects of both the proposed development and any other plan or project, it is the opinion of the planning authority that the development is not of a nature or scale to have any significant effects on the integrity of any Natura 2000 sites and therefore a Stage 2 Appropriate Assessment is not required in respect of this project. Principal of Development • Site is in Category 2 Area; therefore, Applicant does not have to demonstrate Rural Housing Need • Local Tertiary Road – sight triangle of 50m x 2.4m x 1.05m as per Section 15.23 • No OPW flood concerns on application site • Not ribbon development • Lands are not located within 100m of agriculture farm buildings Rural Character (Section 15.9.1 and Policy RCP 1) Policy RCP 1 provides for dwellings in the countryside where they will not cause a detrimental impact or further erode the rural character of an area. RCP 1 advises that “The assessment of the impact of new buildings on the rural character 5 will be considered from critical views along the public roads, laneways, public rights of way and other areas of the public domain. • The proposed dwelling is set back from the public road • At present there is limited boundaries, however having regard to the brownfield nature of the proposal, sufficient landscaping is proposed along the boundaries • Development proposed is a Single Storey Dwelling. Site Selection and Design Guidelines (Section 15.9.2) and Policy RSDP 1 Rural Housing Siting and Design Policy Table 15.3 of the Monaghan County Development Plan 2025 - 2031 sets out the Rural Housing Design policy. This requires specific focus on the Design, Siting, Scale and Form of the proposed dwelling. The use of simple Shapes, Forms and Material which are reflective of the Monaghan vernacular ensure a successful design that will integrate best into the countryside. New rural housing, including contemporary designs should reflect the traditional vernacular. The Monaghan vernacular includes the following elements: • Traditional dwelling with a linear plan form • Returns located to the rear • Roof with full gables and chimneys located along the ridge line • Elevations with a greater proportion of solid than void • Windows with a vertical emphasis • Use of simple materials Policy for the Rural Housing Siting and Design RSDP 1 Proposals for rural housing shall generally comply with Section 15.9.2 and Table 15.3 of the Monaghan County Development Plan 2025-2031. Tabe 15.3 Features Design Guidelines for Rural Housing Site Study The site and/or the location of dwelling within the site should be selected to maximise the benefits of shelter, topography and any existing buildings. The site should use clearly identifiable and established boundaries, such as trees, slopes or other natural features, which separate the site from the surrounding countryside, and offer a suitable degree of enclosure. In addition to the roadside boundary, the site should have a minimum of one natural existing boundary to soften the impact of the development in the landscape. The building should not be located on a site where it would break any ridgeline or shoreline. The site should make use of natural contours of the landscape and be set into the landscape. Sites requiring excessive excavation, filling and/or removal of natural vegetation should be avoided. The site should be set back from the road and aim to retain frontage. Suburban type layouts and gardens should be avoided. Application site is a brownfield site. 6 Features Design Guidelines for Rural Housing At present there is limited boundary, however having regard to the brownfield nature of the proposal, sufficient landscaping is proposed along the boundaries The dwelling would be set back from the road Proposed dwelling would not break ridgeline. Application site is 0.2090ha. Orientation The dwelling should be orientated to maximise daylight and solar gain. Where appropriate, windows on south facing elevations should be arranged to capture the sun’s energy and glazing on north facing elevations should be limited to aid heat conservation. Orientation of the dwelling is designed in such a way to benefit from the sheltered mature boundary and positioned so as to be facing onto the driveway. Given the proposed entrance, existing boundaries and size of site, the proposed orientation is acceptable. Scale The size, scale and mass of the building must be appropriate to its setting. A large house should only be located on a well screened site to enable effective integration into its surroundings. Larger houses should be sub-divided into smaller elements of traditional form to avoid bulky structures. The dwelling should have regard to the scale of surrounding buildings. Dwelling of an acceptable scale, relative to the size of the site Landscaping plan submitted. Existing boundary hedgerows and trees are to remain. Form The dwelling should be of simple plan form, of modest scale and traditional pitched gables should be used. The external gable depth should generally not exceed 9m or 6.5m for narrow plan form. The roof pitch should normally be 35 to 40-degree pitch except where the gable depth is below 7.5m, then 45 degrees is acceptable. Two storey dwellings should generally not exceed 9m in height above ground level. Any projections or returns should be of simple form and roof pitch. The proposed development is a dormer dwelling Overall frontage is c14.4m External gable depth is c8.7 Gable height reached c6.2m. Roof pitch is acceptable. The total proposed floor area in c130sqm. Proportions The design should have a good roof to wall proportion and a high solid to void relationship with greater wall surface area than window or door openings. Windows and doors should be simple and of vertical emphasis. A simple, symmetrical arrangement of openings should be employed. Large horizontal windows, picture/feature windows shall be located on elevations not visible from the public domain. Window and door arrangement is acceptable High solid to void relationship proposed Materials Materials and finishes should be traditional to the area and in keeping with the character of the landscape unless the material proposed is matching that of the locality. The use of combinations of materials, excessive ornamentation and non-traditional materials should be avoided. 7 Features Design Guidelines for Rural Housing Plastered, render or natural stone finishes are suitable in all rural areas. Brick, cladded stone and pebble dash are not traditional finishes and should be avoided. Natural roof slate which is dark blue/black in colour, is preferable. The proposed materials are acceptable and in accordance with the guidance set out above. Detailing Chimneys should be centrally located on the ridge with vernacular proportions. Chimneys at the gable end should be flush with the gable. Decorative fascias should be avoided. Porches and conservatories should be of simple design and in proportion to the dwelling. details of the proposed dwelling are considered to be acceptable. Boundary Treatment New frontage boundaries should be reflective of existing roadside boundaries using compatible hedgerow planting, walls, timber fencing and/or dry stonework. Existing roadside hedgerows and ditches should be retained as much as possible. The location of the site entrance should be positioned to achieve the required sight distance with the removal of a minimum extent of existing hedgerow. Unsympathetic fencing, walls and planting should be avoided. All post and rail fencing proposed should be back planted with native hedgerow planting. Landscaping plan submitted. All existing hedgerows and trees to be retained. Domestic Garages, Sheds, Ancillary Outbuildings and Car Ports (Section 15.10.4 and Policy DGP 1) Section 15.10.4 of the Development Plan stipulates that domestic garages or ancillary outbuilding ‘should be visually subservient in terms of size, scale and bulk to the main dwelling served and will only be permitted for uses which are ancillary to the main dwelling’. Proposals for domestic garages, sheds, ancillary outbuildings and car ports shall comply with Section 15.10.4 in Chapter 15 of the Monaghan County Development Plan 2025-2031. a) The design, size, scale and form of the building/structure and finishes/materials should normally be consistent with the design of the main dwelling on site. • The design, form and materials are consistent with the design of the main dwelling on site. The proposed garage complies with criterion a). b) The building/structure is normally detached and sited to the side or rear of the house to minimise visual impact from the public road or surrounding landscape. • The garage is to be sited to the side/rear of proposed dwelling. c) The building/structure is used for purposes incidental to the enjoyment of the dwelling and not for any commercial, manufacturing, industrial use or as habitable accommodation. • A condition can be applied restricting the use of the garage for domestic purposes in the even that planning permission is granted. d) Where the total floor area of the building/structure is in excess of 80m2, satisfactory justification shall be provided for its size. • The proposed garage is 41sqm in area. e) Car ports shall only be permitted where they are incorporated into the design of the dwelling, do not constitute a visual intrusion, and where they are not visible from the public domain. • Not Applicable. f) The residential amenity in the vicinity of the proposed development will not be compromised. 8 • Given the detached nature of the property and the proximity of neighbouring properties there are no residential amenity concerns arising. g) Only one domestic garage shall be permitted for any single dwelling unless the need for a second garage is satisfactorily demonstrated. • No existing garage present. h) Existing surface water drainage is maintained or relocated satisfactorily. • Appropriate drainage being provided as part of the development On-Site Wastewater Treatment Systems (Section 15.22.5 and Policy WWTP 1) The proposal includes the provision of inserting an insert new filter unit and percolation area as annotated on the proposed site layout plan. The applicant also submitted a “Site Characterisation” prepared by Michael Holohan of Biolabs. Dated 19/12/2025. • EHO Report satisfied with the proposal subject to Conditions Road Access Standards (Section 15.23) The proposal seeks to upgrading an existing entrance onto a Local Tertiary Road (L-50712-0). Section 15.23 and Table 15.4 of the Monaghan County Development Plan 2025 - 2031 requires all access to be designed well in the interest of safety and convenience of all road users. The Planning Authority notes the applicant has demonstrated sight visibility splays of 50m on the submitted Site Layout Plan. Table 15.4 of Section 15.23 of the Monaghan County Development Plan 2025 - 2031 required visibility splays of 50m x 2.4m x 1.05m onto a Local Tertiary Road. The Planning Authority notes the site layout plan does not accurately reflect the existing site conditions, particularly in relation to the adjoining property boundary. Furthermore, the visibility splays cross over third party lands, and no legal agreement has been submitted, further Information requested. Development Contribution This will be calculated in accordance with MCC General Development Contributions Scheme 2021-2026, effective 1-1- 2026. Proposed Dwelling Floor Area: c130sqm Proposed Garage Floor Area: c41sqm Levied Floor Area: c171sqm Conclusion Further Information: • Access Recommendation It is recommended that FURTHER INFORMATION be requested as follows: 1. The applicant has submitted a Site Layout Plan indicating that the proposed development will be accessed via Local Tertiary Road. However, the Planning Authority has concerns that the submitted site layout plan does not accurately reflect the existing site conditions, particularly in relation to the adjoining property boundary. Specifically, the submitted drawing depicts the neighbouring hedgerow as extending around the boundary. However, there is currently no hedgerow present along the front boundary of adjoining property. Furthermore, should the adjoining landowner establish a hedgerow along this boundary in the future and/or not comply with any planning permission, it could adversely impact the required visibility splays. In such 9 circumstances, a legal agreement would be necessary to ensure ongoing maintenance (cutting back) of any hedgerows that may affect visibility. In this regard, the applicant is requested to submit the following: a) Revised Site Layout Plan (1:500 scale) which: (i) North Point is correctly annotated. (ii) Accurately depicts the existing boundary treatments, including all adjoining hedgerows. (iii) Indicates how a clear and unobstructed visibility splays of 50m can be achieved at the proposed entry/exit point onto the Local Tertiary Road. The required visibility splays should 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. Sight distances to be measures to the nearest road edge in both directions. The submitted revised site layout plan should demonstrate all necessary site work, including the extent of the front boundary hedge and trees which would be required to be removed/trimmed, re-grading of side banks etc to achieve the required sight distances. b) Where the sight distances are not achievable within the applicant’s ownership, the applicant should submit Legal Agreements with adjoining landowners giving their consent to allow re-locating of obstruction impeding on the visibility splays, removal of their hedgerow and hedges trimmed regularly to provide the required sight distance. The Legal Agreement and accompanying Maps shall be signed by the landowner, the applicant and witnessed by a Solicitor in accordance with exact wording of Appendix 13 of Monaghan County Development Plan 2025-2031. ________________ Liam Ward Assistant Planner 16/04/2026 10 Further Information Assessment AI was requested and a response was submitted on 13/05/2026. 1. The applicant has submitted a Site Layout Plan indicating that the proposed development will be accessed via Local Tertiary Road. However, the Planning Authority has concerns that the submitted site layout plan does not accurately reflect the existing site conditions, particularly in relation to the adjoining property boundary. Specifically, the submitted drawing depicts the neighbouring hedgerow as extending around the boundary. However, there is currently no hedgerow present along the front boundary of adjoining property. Furthermore, should the adjoining landowner establish a hedgerow along this boundary in the future and/or not comply with any planning permission, it could adversely impact the required visibility splays. In such circumstances, a legal agreement would be necessary to ensure ongoing maintenance (cutting back) of any hedgerows that may affect visibility. In this regard, the applicant is requested to submit the following: a) Revised Site Layout Plan (1:500 scale) which: (i) North Point is correctly annotated. (ii) Accurately depicts the existing boundary treatments, including all adjoining hedgerows. (iii) Indicates how a clear and unobstructed visibility splays of 50m can be achieved at the proposed entry/exit point onto the Local Tertiary Road. The required visibility splays should 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. Sight distances to be measures to the nearest road edge in both directions. The submitted revised site layout plan should demonstrate all necessary site work, including the extent of the front boundary hedge and trees which would be required to be removed/trimmed, re-grading of side banks etc to achieve the required sight distances. b) Where the sight distances are not achievable within the applicant’s ownership, the applicant should submit Legal Agreements with adjoining landowners giving their consent to allow re-locating of obstruction impeding on the visibility splays, removal of their hedgerow and hedges trimmed regularly to provide the required sight distance. The Legal Agreement and accompanying Maps shall be signed by the landowner, the applicant and witnessed by a Solicitor in accordance with exact wording of Appendix 13 of Monaghan County Development Plan 2025-2031. • The applicant has submitted a revised Site Layout Plan which accurately depicts the existing site conditions on the ground, specifically the adjoining property boundary. • The applicant has submitted a legal agreement in relation to the visibility splays outside the applicant ownership consenting to the proposed works. • The Planning Authority are satisfied in this regard. Conclusion The Planning Authority is satisfied that the Applicant has adequately addressed the AI request as per AI submission on 13/05/2026. The proposed development acceptably complies with all relevant provisions of Monaghan County Development Plan 2025 - 2031 and the proper planning and sustainable development of the area. A Grant of Permission is recommended subject to Conditions. Recommendation That planning permission is GRANTED subject to the following conditions: 11 1. a) The developer shall pay to Monaghan County Council a sum of €1,260.00 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. 2. a) Prior to any other works commencing, visibility splays of 50 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. 12 Reason: In the interest of traffic/road safety. 3. 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 03/03/2026 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. Reason: In the interest of public health and environmental protection. 4. The detached garage hereby approved shall be used solely for purposes ancillary to the residential dwelling within the site area, and not for any separate purposes. Reason: In the interest of orderly development. 5. 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. 6. a) Ground levels and finished floor levels shall be as detailed on plans submitted to Planning Authority on 03/03/2026, as amended by additional information on 13/05/2026. b) Any facilitating cut and/or fill shall be graded to a natural contour to reflect the existing topography of the area. Reason: In the interests of visual amenity and securing a satisfactory standard of development. 13 7. The development shall be carried out in accordance with plans and documentation submitted to the Planning Authority on 03/03/2026, as amended by additional information on 13/05/2026, except as may otherwise be required in order to comply with the above conditions. Reason: To ensure a satisfactory standard of development. ________________ Liam Ward Assistant Planner 28/05/2026 14 Development Contributions Calculations – Residential Development Category Dev Type Rate Number / Units Floor Area / Calculation Contributions Due (€) 3. Provision of Community, Recreation and Amenity Infrastructure (a) Residential development outside defined settlements (Tier 5 and 6 settlements included) Up to 200m² (2152 sq ft) €1,260 per unit up to 200m² 200m² - 300m² (2152 - 3229 sq ft) €1,260 per unit plus €17/m² between 200m² and 300m² Over 300m² (3229 sq ft) €4,120 per unit plus €22/m² greater than 300m² New Floor Area: c171sqm €1,260.00 €1,260.00 Contributions Due (€) €1,260.00 Exemptions / Reductions under Part 18 of Development Contribution Scheme (if applicable) Category (a) – (m) Dev Type % Reduction Calculations Exemption / Reduction (€) N/A Total Amount Due Contributions Due – Discount Total Due (€) €1,260.00 Checked / Date AP / EP AO SEP 28/05/2026 S. Finnegan 29/05/2026