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HomeMy WebLinkAbout2660086 - Notification of Decision 14/07/2026 Ref No: 26/60086 TO: Pete Dooney & Kelsey Maguire C/O Peter Culleton Mullabrack Shercock Co. Cavan A81 PN24 Re: Planning and Development Act 2000 (as amended) NOTIFICATION OF DECISION Monaghan County Council has by order dated 14/07/2026 decided to GRANT permission to the above named for development of land, in accordance with the documents submitted namely for:- permission for a development which will consist of a two-storey dwelling house, single storey domestic garage, new vehicular entrance, provision of entrance piers, installation of a wastewater treatment system and percolation area together with all ancillary site development works at Mullanary Cortannel, Ballybay, Co. Monaghan, subject to the 9 condition(s) set out in the Schedule attached. Signed on behalf of Monaghan County Council ________________________________________ ADMINISTRATIVE OFFICER ___________________________ DATE Provided there is no appeal against this DECISION a grant of planning permission will issue at the end of four weeks (see footnote). NO WORKS CAN COMMENCE ON FOOT OF A ‘NOTIFICATION OF DECISION’ ON AN APPLICATION. THE DEVELOPMENT IS ONLY AUTHORISED WHEN A ‘NOTIFICATION OF FINAL GRANT’ IS ISSUED. 14/07/2026 pp Footnote: An appeal against a decision of a Planning Authority under the Planning and Development Act 2000 (as amended) may be made to An Coimisiún Pleanála, 64 Marlborough Street, Dublin 1, D01 V902. (Tel. (01) 8588100) during office hours. 1. You have four weeks beginning on the date the planning authority makes its decision which was 14/07/2026. This is a strict time limit. 2. You must put your appeal in writing (either typed or handwritten). 3. You must clearly state your own name and address. If someone is acting for you, like a planning agent they must clearly state their own name and address as well as your name and address. 4. You must give enough details to allow An Coimisiún Pleanála to identify the application you wish to appeal. 5. You must provide your planning grounds of appeal (reasons and arguments) for your appeal and any items you wish to support your grounds of appeal. 6. If you are a third party, you must include the written acknowledgement given to you by the planning authority to confirm it received your submission at planning application stage. 7. You must pay the correct fee. For more information on how to make an appeal see www.pleanala.ie 26/60086 Pete Dooney & Kelsey Maguire, Mullanary Cortannel, Ballybay, Co. Monaghan 1. a) The developer shall pay to Monaghan County Council a sum of €5,172.00 in accordance with the General Development Contribution Scheme 2021-2026 (as revised), 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) The proposed dwelling when completed shall be occupied as the place of residence of the applicants, members of the applicant’s’ immediate family or their heirs and shall remain so occupied for a minimum period of 7 years thereafter. b) Before development commences, the applicants shall enter into an agreement with the Planning Authority, pursuant to Section 47 of the Planning and Development Act 2000, providing for the terms of the occupancy requirement. c) Within 2 months of the occupation of the proposed dwelling, the applicants shall submit to the Planning Authority, a written statement of confirmation of the first occupation of the dwelling in accordance with paragraph (a) and the date of such occupation. d) This condition shall not affect the sale of the dwelling by a mortgagee in possession or by any person deriving title from a sale. Reason: In the interest of proper planning and sustainable development. 3. a) Prior to any other works commencing visibility splays of 70m, measured to the nearside road edge in each direction, shall be provided from a point in the centre of the entrance 2.4m from the road edge at a height of between 1.05m and 2m above ground level to an object height of between 1.05m and 2m above ground level in both directions. The visibility splays shall be retained and kept clear from obstructions 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. Any new trees or shrubs shall be planted back from the visibility splays to allow for future growth and some species will require additional set back. All existing planting shall 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 5m 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 5m and the surface shall be graded back so that its level at 3m from the edge of the carriageway is a minimum of 100mm below road level. Gradient of access road shall be not greater than 1:20 (5%) for the first 5m from boundary and 1:10 (10%) thereafter. f) French drain consisting of 300mm diameter concrete pipes backfilled to ground level with suitable granular filter material shall be placed along full site frontage. Drain shall discharge to the nearest appropriate watercourse or drainage pipeline. Suitable gullies shall be placed at start, end and intersection of other drains and at not greater than 40m intervals. Separate application shall be made to Monaghan County Council if this requires a road opening licence. g) Cattlegrid/ACO Drain/gullies shall be installed at proposed entrance 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. h) Provision shall be made within the site for surface water drainage and no surface water shall 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 shall remain unimpeded. i) 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. j) 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. 4. 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 11/03/2026 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. e) Proposed well to be located a minimum of 30m upgradient of proposed on site Waste Water Treatment System. Reason: In the interest of public health and environmental protection. 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. The 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. 7. A maximum of two external wall finishes shall be utilised. Reason: In the interest of visual amenity. 8. a) Ground levels and finished floor levels shall be as detailed on plans submitted to Planning Authority on 11/03/2026, as amended by additional information on 03/07/2026. 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. 9. The development shall be carried out in accordance with plans and documentation submitted to the Planning Authority on 11/03/2026, as amended by additional information on 03/07/2026, except as may otherwise be required in order to comply with the above conditions. Reason: To ensure a satisfactory standard of development.