HomeMy WebLinkAbout2660011 - Chief Executives OrderNAGHAN COUNTY COUNCIL
PLANNING AND DEVELOPMENT ACT 2000 (as amended)
Chief Executive's Order No: P710-26
Reference Number: 26/60011
Name of Applicant: Padraig & Elaine Ward
Address: Kieran O'Reilly
Monaghan Road
Castleblayney
Co. Monaghan
A75 EP84
Nature of Application: Permission for the development which consists of the alteration, extension
and refurbishment of existing single -storey storage units, the construction of
a new single- storey yard store, the installation of new timber panel fence to
the northwest boundary, upgrade surface finishes to the yard area and
designated car parking spaces, the installation of a new silt tank, oil water
separator tank & stormwater infiltration system together with all associated
and ancillary site works. Significant further information received relates to
submitted Site layout plan, Traffic Impact report and Flood Risk Assessment
Location of Development: Derrynaloobinagh Meeting House Lane Ballybay, 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 4 reason(s), set out on the Schedule attached hereto.
Adrian Hughes
SENIOR PLANNER
DATE
26/60011 Padraig & Elaine Ward, Derrynaloobinagh, Meeting House Lane, Ballybay,
Co. Monaghan
1.
Having regard to the provisions of the Monaghan County Development Plan 2025-2031, the
Settlement Plan for Ballybay Town 2025-2031, and the land use objective (LUO 2) for the site
on lands zoned as 'Existing Residential', which seeks to "protect and enhance existing
residential amenity, to facilitate residential development on small infill sites within established
residential areas, the comprehensive redevelopment of brownfield residential sites for
sustainable residential development, and to facilitate and encourage the completion of
commenced and not yet completed residential developments", it is considered that the
proposed development would be contrary to Objective LUO 2 of the Monaghan County
Development Plan 2025-2031, would set an undesirable precedent for similar development,
and would therefore be contrary to the proper planning and sustainable development of the
area.
2.
The Strategic Flood Risk Assessment (SFRA) maps indicate the site of the proposed
development is located within an area which is vulnerable to fluvial flooding (Flood Zone A and
Flood Zone B) and there are concerns that the site is at risk of flooding. Policy FRMP 1 of
Monaghan County Development Plan 2025-2031, states "applications for development, as
required on previously developed lands within Flood Zones A or B, shall be subject to site
specific flood risk assessment and shall provide details of structural and non-structural flood
risk management measures, such as those relating to floor levels, internal layout, flood -
resistant construction, flood -resilient construction, emergency response planning and access
and egress during flood events".
In this regard, the applicant has not submitted a site -specific flood risk assessment and
therefore has failed to demonstrate that the proposed development (i) Will not be at risk of
flooding, (ii) Will not result in flood water (fluvial) displacement off -site or exacerbate flooding
in the immediate vicinity or wider area; (iii) will not obstruct or impede important flow paths;
and (iv) Will not result in residual risks to the area and/or development that cannot be
managed to an acceptable level.
Furthermore, the applicant has failed to provide sufficient information in relation to surface
water drainage, having particular regard to hydraulic design of storm water runoff and an
attenuation storage system.
The proposal is therefore deemed to be unacceptable and 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 demonstrate how the proposed development acceptably complies
with the provisions of Policy ICDP 1 and Section 15.12.1 'Industrial and Commercial
Developments within Tier 1-4 Settlements' of Monaghan County Development Plan 2025-
2031, having particular regard to providing insufficient information to demonstrate the
following criteria;
• There is no adverse impact on the character or setting of the settlement or on the
amenity of adjoining properties as a result of the use
• There is no adverse impact on the adjoining uses in terms of emissions such as noise,
light, odours.
• A detailed quality landscape plan, planting schedule and planting programme is
proposed and carried out which includes semi -mature indigenous trees to reduce the
visual impact of the proposed buildings.
The proposal is therefore deemed to be unacceptable and would be contrary to the Monaghan
County Development Plan 2025-2031 and be contrary to the proper planning and sustainable
development of the area.
4.
The proposed extension is intrinsically linked to an existing structure, the use of which is
unauthorised. Accordingly, the proposed development, if granted, would facilitate the
consolidation and intensification of an existing unauthorised development. It would therefore
be inappropriate for the Planning Authority to consider granting permission for the proposed
extension as it would be contrary to the proper planning and sustainable development of the
area.
Adrian Hughes
Senior Planner
Date