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HomeMy WebLinkAbout2560238 - Planners ReportMONAGHAN COUNTY COUNCIL PLANNING AND DEVELOPMENT File Ref: 25/60238 Applicant: Bernadette Kelly Advertised Development Description: Permission for development consisting of a single- storey dwelling house, wastewater treatment system and sand polishing filter, use of existing entrance and laneway from public road; entrance piers together with all ancillary site development works. Location: Lagan, Castleblayney. Site Details ▪ Back field that is access via a private lane – bounded to the south and east/rear by mature trees and hedgerow. ▪ Host field is elevated in the locale. However, the ground levels fall away from the lane towards the east/rear of the site (see site section below) – the house would be located in this hollow. ▪ Two bungalow style houses nearby, along the roadside. Aerial photo of the site and the surrounds Relevant Planning History An application for a bungalow was refused in 2006 (planning file number 06/605) due to the elevated context. Consultation Environmental Health Officer (EHO): Conditionally satisfied. Objections/Submissions/Observations None. Lane side view-in Appropriate Assessment 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). The site is removed from any Natura 2000 sites and there are no significant pathway connectors in the vicinity. 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 an Appropriate Assessment to be carried out in relation to this development. Planning Assessment The following sections, objectives, policies, etc, contained in the County Development Plan 2025-2031 pertain: ▪ Site is not situated within a local needs area (Section 2.13.1). ▪ No ribbon development (Policy RIDP 1) and/or rural character (Section 15.16) concerns. ▪ No agricultural buildings within 100m (Section 15.9.5). ▪ As per the info submitted, or lack thereof, it is unconfirmed that the required 70m sight distances are achievable where the lane meets the road (Section 15.23.2). ▪ A landscaping plan – prepared by a landscaper – has been submitted in support (Section 15.22.4 and Policy LCP 1). ▪ On balance, the proposed site design/layout acceptably accords with Policy RSPD 1 and Table 15.3. Whilst the site is elevated, it is considered that the 6m single-storey house would not be unduly/incongruously apparent from the wider area due to the detached context, the topography, the surrounding vegetation/trees, and the proposed landscaping. ▪ The proposed house and garage designs acceptably comply with Policy RSPD 1, Policy DGP 1 and Table 15.3, and would be in keeping with the established built character of the area. Conclusions ▪ Further Information (FI) is needed: ➢ It would appear that a legal agreement is needed to facilitate the sight distance turning left/south where the lane meets the road. In addition, it should be confirmed that the indicated right of way allows for the proposed residential use. ➢ The proposed landscaping plan shall be costed – to potentially inform a landscaping condition to ensure the satisfactory completion of the proposed plan. ▪ A pre-application consultation did not take place. Screenshot of the submitted site section Screenshot from the submitted site layout plan Recommendation To request FURTHER INFORMATION: Note: A pre-application consultation did not take place. You and/or your assigned agent shall liaise with Planning Section prior to the preparation and submission of this Further Information. No inference is given in requesting this Further Information that planning permission will ultimately be forthcoming. 1. In accordance with Policy LCP 1 of the County Development Plan 2025-2031, a comprehensive landscaping plan commensurate to the scale of development on-site has been submitted. In the interest of clarity and to allow for a fully informed decision, please submit a costing for same. 2. Concerning traffic safety and access standards, please submit a legal agreement with the adjoining landowner giving their consent to allow, as required, for the removal/trimming of their hedgerows, etc, to provide the required 70m sight distance turning left/south where the lane meets the road. The legal agreement shall be accompanied by an appropriate ordnance survey map that shall also be signed and witnessed by a solicitor. 3. In the interest of clarity and to allow for a fully informed decision, please submit confirmation that your indicated right of way allows for your proposed residential use. Ben Clerkin Planner 08/08/2025 Further Information (FI) A formal response was received on the 17/05/2026. FI Planning Assessment Regarding the three FI request points: 1. As requested, the submitted landscaping plan has been costed. 2. No legal agreement/consent has been submitted and, as the required sightlines extend onto third-party lands, the Planning Authority is not satisfied that visibility can be secured. 3. The applicant has submitted confirmation that the indicated right of way allows for the proposed residential use. Conclusions Having regard to the above, the Planning Authority is not satisfied that adequate sightlines can be secured. Accordingly, a refusal of permission must be recommended. Recommendation That Permission is REFUSED for the following reason: 1. Section 15.23.2 of the Monaghan County Development Plan 2025-2031 outlines the safety and convenience requirements for access onto rural roads, and the applicant has failed to clearly demonstrate that the intensification of the existing access onto the Local Class 2 road, where 70m sight distances are required, will not result in a traffic hazard. The proposal is therefore deemed to be unacceptable as it would endanger public safety by reason of traffic hazard, be contrary to the Monaghan County Development Plan 2025-2031, and be contrary to the proper planning and sustainable development of the area. Ben Clerkin Planner 10/06/2026