HomeMy WebLinkAbout2651 - Chief Executives OrderMONAGHAN COUNTY COUNCIL
PLANNING AND DEVELOPMENT ACT 2000 (as amended)
Chief Executive's Order No: P743-26
Reference Number: 26/51
Name of Applicant: Monica McEntee
Address: Niall Mcl<enna
Drumdesco
Scotstown
Co. Monaghan
Nature of Application: Retention of two -storey dwelling house, insert new filter unit and
percolation area and exit on to public road by way of new entrance
from associated car park and all ancillary works
Location of Development: Drumguill
Threemilehouse
Co. Monaghan
ORDER:
I hereby decide, pursuant to the provisions of the Planning and Development Act 2000 (as amended)
and the Planning and Development Regulations 2001 (as amended) to grant permission for the above
development in accordance with documents submitted, subject to the 7 condition(s) set out in the
Schedule attached hereto.
I further decide that RETENTION be granted subject to the same conditions on the expiration of the
period for the taking of an appeal to An Coimisiun Pleanala against this decision if there is then no
appeal before An Coimisiun Pleanala.
Adrian Hughes
SENIOR PLANNER
Date
26/51 Monica McEntee, Drumguill, Threemilehouse, Co. Monaghan
1.
a) The developer shall pay to Monaghan County Council a sum of €1,270.00 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) The development contribution shall be paid in full within six months from the date of
the final grant of permission or as otherwise agreed in writing.
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.
Within 6 months of the grant of planning permission,
a) Visibility splays of 50m, 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 11/06/2026 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.
5.
a) Within one month of the date of grant of planning permission, the applicant shall
submit a fully completed Water Protection Plan checklist for approval in writing.
b) Prior to the commencement of the development, the applicant shall submit for
approval in writing, a Construction and Demolition and By -Products Waste
Management Plan for the proposed development works. The plan shall be prepared
using "Best Practice Guidelines for the preparation of resource & waste management
plans for construction and demolition projects" — EPA, 2021.
c) Any construction and demolition waste or excess soil generated during the
construction phase which cannot be reused on site in accordance with Section 3 (1)(c)
and Section 39 (1) of the Waste Management Act 1996 as amended, shall be
disposed/recovered at an appropriately permitted facility in accordance with the
requirements of the Waste Management Act 1996 as amended using authorised
waste collectors authorised to collect the type of material for disposal/recovery at
authorised treatment facilities.
d) Facilities shall be provided for the collection and segregation of recyclable waste.
Wastes shall be collected for recycling/reuse whenever feasible or otherwise disposed
of in accordance with the Waste Management Act 1996 as amended.
e) The applicant shall ensure completely separate foul and surface water drainage
systems are in place.
f) The proposed wastewater treatment system, soil polishing filter, and infiltration area
shall be installed and maintained in accordance with manufacturers specifications. The
installation shall be overseen by a suitably qualified person.
g) Waste arising from the desludging of the wastewater treatment system shall be
collected by a suitably permitted collector in accordance with the Waste Management
Act, 1996 as amended.
h) The developer shall ensure that adequate measures and precautions are in place for
the construction phase to ensure there is no discharge of polluting matter/sediment
laden waters discharging from the site to any watercourse. These measures shall take
account of the Guidance produced by Inland Fisheries Ireland titled "Requirements for
the Protection of Fisheries Habitat during Construction and Development Works at
River Sites".
i) Monaghan County Council and Inland Fisheries Ireland shall be informed immediately
of an accidental spillage of sediment laden waters, fuel, machine oil or any polluting
discharge which may threaten the quality of any watercourse or groundwater body.
j) Any fuels, oils, greases, hazardous liquid wastes, and hydraulic fluids within the site
area shall be stored on site, away from any watercourses in a bunded, leak -proof, and
lockable storage area. Note that bunds are to be designed to contain 110% of the
capacity of the largest storage container located within the bund. There shall be no
overflow drain facility from any bunds on site and all filling and off -take points shall be
located within a bund.
k) Material storage, fuel handling, parking areas and other yard activities shall be
managed in a manner which prevents the discharge of polluting matter to ground or
surface water.
Reason: In the interests of environmental protection.
6.
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.
7.
The development shall be carried out and retained in accordance with plans and
documentation submitted to the Planning Authority on 11/06/2026, except as may otherwise
be required in order to comply with the above conditions.
Reason: To ensure a satisfactory standard of development.
Adrian Hughes
Senior Planner
Date