HomeMy WebLinkAbout2660166 - Chief Executives OrderMONAGHAN COUNTY COUNCIL
PLANNING AND DEVELOPMENT ACT 2000 (as amended)
Chief Executive's Order No: P573-26
Reference Number: 26/60166
Name of Applicant: Darren Quinn & Niamh Cronin
Address: Jason Mc Mc Donnell
The Stables, Drumconrath Road
Carrickmacross
County Monaghan
A81 YX28
Nature of Application: Permission to construct a two storey dwelling house, a single storey domestic
garage, wastewater treatment system and percolation area, new gated
domestic entrance, boundary fencing, and all associated site works at,
Moylemuck, Lisnalong, Co. Monaghan
Location of Development: Moylemuck, Lisnalong, Co. Monaghan
ORDER:
I hereby decide, pursuant to the provisions of the Planning and Development Acts 2000 (as amended) and the
Planning and Development Regulations 2001 (as amended) to REFUSE to grant Permission for the above
development for the 3 reason(s), set out on the Schedule attached hereto.
Adrian Hughes
SENIOR PLANNER
DATE
26/60166 Darren Quinn & Niamh Cronin, Moylemuck, Lisnalong, Co. Monaghan
1.
Policy SRP 2 of Monaghan County Development Plan 2025-2031 seeks to protect the scenic
quality of lakes by prohibiting development located between a public road and a lake where
the development would interrupt a view of the lake or adversely affect its setting or its wildlife
habitat. Development may be permitted between a public road and the lakeshore where the
development is screened from the lake by existing topography or vegetation.
The proposed dwelling is located between a lake and a public road and is not screened from
the lake by existing topography or vegetation, and therefore the proposed development
would adversely impact on its setting. Accordingly, if permitted as proposed, the development
would materially conflict with the Development Plan and would be contrary to the proper
planning and sustainable development of the area.
I
Section 15.23 of the Monaghan County Development Plan 2025-2031 outlines the safety and
convenience requirements for new accesses onto public roads, and states that "Proposals
requiring works on third party land must be accompanied by a written legal agreement, in
accordance with Appendix 13. This legal agreement and accompanying maps shall be signed
by all parties and witnessed by a Solicitor".
The proposed development accesses onto the Local Tertiary Road L-70021-0 where visibility
splays of 50 metres x 2.4 metres in both directions, at 1.05 metres above ground level, are
required. The submitted Site Layout Plan indicates that works to third -party land would be
required, and in the absence of third -party legal agreements, the applicant has failed to
demonstrate that clear and unobstructed visibility splays are achievable and that the proposed
development will not result in a traffic hazard. The applicant has failed to clearly demonstrate
that a new entrance onto the L-70021-0 can be provided in accordance with Section 15.23 of
the Monaghan County Development Plan 2025-2031.
The proposal is therefore deemed to be unacceptable as it would be contrary to the
Monaghan County Development Plan 2025-2031 and be contrary to the proper planning and
sustainable development of the area.
3.
The applicant has failed to fully demonstrate compliance with Policy RSDP 1 and associated
Table 15.3 'Guidelines for Siting and Designing a Rural House in the Vernacular Style' of the
Monaghan County Development Plan 2025-2031 by reason of the overall height at 9.2m and
the chimneys on the front roof plain.
The proposed development would therefore, if permitted, materially conflict with Policy RSDP
1 of the Monaghan County Development Plan 2025-2031 and be contrary to the proper
planning and sustainable development of the area.
7
Adrian Hughes
Senior Planner
to-c�6 _26
Date