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HomeMy WebLinkAbout2560502 - Chief Executives OrderMONAGHAN COUNTY COUNCIL PLANNING AND DEVELOPMENT ACT 2000 (as amended) Chief Executive's Order No Reference Number Name of Applicant Address: P786-26 25/60502 GEDA Construction Company Ltd. Kieran O'Reilly Monaghan Road Castleblayney Co. Monaghan A75 EP84 Nature of Application: Permission for development including the demolition of 1 No. existing bungalow and the provision of 30 No. dwellings comprising of: 8 No. 2 bed semi-detached bungalow dwellings 10 No. 2 bed semi-detached two -storey dwellings 8 No. 3 bed semi-detached two -storey dwellings 2 No. 4 bed semi-detached two -storey dwellings 2 No. 4 bed detached two -storey dwellings together with all boundary treatments, hard and soft landscaping, public lighting, new estate road, connection to the existing mains services and all ancillary and associated site works. Location of Development ORDER: Scarnageeragh (or Emyvale) Emyvale Co. Monaghan 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 19 condition(s) set out in the Schedule attached hereto. I further decide that PERMISSION 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 Uc-r • v� - 2-6 Date 25/60502 GEDA Construction Company Ltd., Scarnageeragh (or Emyvale), Emyvale, Co. Monaghan 1 a) The dwellings hereby permitted shall only be for the purposes of the provision of social housing as defined by Section 3.12 Social Housing in Chapter 3 of the Monaghan County Development Plan 2025-2031. b) Prior to commencement of development, the applicant, developer, or any person with an interest in the land shall enter into an agreement with the Planning Authority, pursuant to Section 47 of the Planning and Development Act 2000 (as amended), that restricts all residential units permitted to first occupation by those eligible for the provision of social housing, and to first occupation to those not being a corporate entity, unless otherwise agreed in writing. c) No dwelling hereby permitted shall be disposed of or sold off without the prior written agreement of the planning authority. Reason: To restrict the housing development to use by persons of a particular class or description in order to ensure an adequate choice and supply of housing, including social housing, in the common good. 2. a) The developer shall pay to Monaghan County Council, or as otherwise agreed, a sum of €30,600.00 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 public roads, public footpaths/cycle paths and public lighting that will facilitate the proposed development. The amount of contribution to be paid may be reduced / waived in respect of the provision of social housing units within the development scheme. 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 public roads, public footpaths/cycle paths and public lighting that will facilitate the proposed development. R a) The developer shall pay to Monaghan County Council, or as otherwise agreed, a sum of €58,200.00 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. The amount of contribution to be paid may be reduced / waived in respect of the provision of social housing units within the development scheme. 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. 4. Prior to commencement of development, a security by way of a cash deposit in the sum of €210,000.00 (index linked) or as otherwise agreed in writing with the Planning Authority, shall be given to the Planning Authority by the developer to ensure satisfactory completion of all roads, footpaths, services, surface water drainage and boundary work and open space in the development in accordance with the lodged plans. The bond shall remain in full force for a minimum period of two years following the expiration of the planning permission; but ultimately not until the development has been completed to the satisfaction of the Planning Authority in accordance with the approved details and has been Taken in Charge by Monaghan County Council. Reason: To ensure the proper planning and sustainable development of the area. 5 a) Prior to any other works commencing, visibility splays of 45m, measured to the nearside road edge in each direction, shall be provided from a point in the centre of the laneway 2.4m from the public 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) The new entrance shall form a bellmouth of 6m 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. d) 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. e) Prior to and during construction any pumping of groundwater, surface water or any other potentially polluting discharges of any other effluent, under the relevant Water Pollution Acts, the applicant is obliged to apply for a licence from the Local Authority. f) All surface water management/SUDs works to comply with Monaghan County Council Technical guidance document (WSTGD 2008) and Monaghan County Council Storm Water Technical Guidance Document 2017. g) Where work is proposed in the public roadway, consent and a relevant road opening licence shall be obtained from the Local Authority. All proposed works shall be carried out in accordance with Guidelines for Managing Openings in Public Roads Second Edition (Rev 1) April 2017. 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 to remain unimpeded. i) Unless otherwise agreed in writing with the Planning Authority, the footpath section to the south side of Market House Lane shall be completed and available for public use prior to occupation of any dwelling. 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. 6. Prior to the release of the bond as required under condition 3 above, the developer shall agree details relating to the private management of the housing development specifically in relation to ongoing maintenance of the roads, services and open spaces in the period prior to the taking in charge of the development by the local authority. Reason: To ensure the proper planning and sustainable development of the area. 7. No development shall take place until a written legal agreement in compliance with the requirements of Part V (Social and Affordable Housing) of the Planning and Development Act, 2000, as amended by the Planning and Development (Amendment) Act, 2002, has been made between the developer and the Planning Authority, relating to the provision of social housing, in accordance with the Monaghan County Council Housing Strategy and section 15.8.10 of the Monaghan County Development Plan 2025-2031. Reason: In the interest of proper planning and sustainable development 8. a) One month prior to commencement of development, the applicant shall submit to the Planning Authority, Monaghan County Council, for approval: i. A revised site -specific Construction and Demolition Plan and By -Products Management Plan for the proposed development works shall be provided using "Best Practice Guidelines for the preparation of resource & waste management plans for construction and demolition projects" — EPA, 2021. ii. An Asbestos survey and removal plan for the proposed development works. b) Within one month after completion of the drainage system, the developer shall submit to the planning authority, a surface water drainage plan and CCTV survey detailing how the surface water drainage system will be maintained post development stage, and details of the responsible persons. 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) The development shall be carried out in accordance with the agreed surface water drainage plan and the Construction and Demolition and By -Products Waste Management Plan. Reason: In the interests of environmental protection and to ensure that the development is carried out in an orderly and planned manner. a) In the event that infilling is required to be imported onsite the developer shall conform to one of the following; i. If utilising EPA Article 27 notification to move soil infill material from one site to another, official correspondence from the EPA granting approval shall be submitted to the Planning Authority prior to commencement of development, or: ii. If using waste material as infill, a valid permit must be issued by Monaghan County Council in accordance with the Waste Management (Facility Permit and Registration) Regulations 2007 as amended prior to acceptance of material. b) 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. c) The developer shall ensure that adequate measures and precautions are in place forthe 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", available to download at https://www fisheriesireland ie/documents/624-guidelines-on-protection-of-fisheries-during- construction-works-in-and-adlacent-to-waters/file.html d) Monaghan County Council and Inland Fisheries Ireland shall be informed promptly 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. e) 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. f) 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. g) All storm water arising from the proposed development shall discharge to an appropriately sized and suitable class 1 interceptor prior to discharge. The interceptor shall be provided with appropriate warning device to indicate when required levels for maintenance have been reached and should be fitted with a sampling chamber, which has easy access. An inspection manhole shall be installed on the outflow pipe from the oil interceptors. h) The fuel/Oil interceptor shall be serviced regularly, maintained, and installed as per manufactures recommendations to prevent any discharge of pollutants to ground or surface waters. Maintenance records shall be kept by the developer. i) Any sludges/silt/solid wastes arising from the desludging of silt/grit traps, interceptor, the attenuation system shall be collected by a suitably permitted collector in accordance with the Waste Management Act, 1996 as amended. Reason: In the interests of environmental protection and to ensure that the development is carried out in an orderly and planned manner. 10. All amenity/open spaces, roads, footpaths, and public lighting services shall be completed in accordance with the standards and conditions set out in the Departmental publication Recommendations for Site Development Works for Housing Areas, except where superseded by the Council's Taking in Charge Policy (2010), and Storm Water Technical Guidance Document 2017. Reason: In the interest of orderly development. 11. a) Prior to the occupation of the dwelling units hereby granted, the recommendations of the Road Safety Audit, submitted to the Planning Authority on 09th July 2026 and in so far as they relate to land within the application red line site area and/or lands under the control of the developer, shall be complied with in full, unless otherwise agreed in writing with the Planning Authority b) Within one month of completion of the development hereby granted, the developer shall carry out a Stage 3 Road Safety Audit and submit this and details of any remediation measures to the Planning Authority for agreement in writing c) The development shall be carried out in accordance with these agreed details. Reason: In the interests of traffic safety. 12. a) Prior to the commencement of development, the developer shall submit to the Planning Authority for agreement in writing, a Traffic Management Plan (TMP) for the duration of the construction period. b) No work shall be carried out on the development hereby permitted until the developer receives written agreement from the Planning Authority in respect of the TMP. c) The TMP shall be implemented in accordance with details agreed in writing with the Planning Authority. d) The contractor will be required to provide wheel washing facilities, and any other necessary measures to remove mud and organic material from vehicles exiting site. In addition, the cleaning of delivery trucks such as concrete delivery trucks shall be carried out within the new site development and not in the existing residential area. e) The contractor shall carry out road sweeping operations to remove any project related dirt and material deposited on any length of the road network by construction / delivery vehicles. Road Sweepers shall dispose of material following sweeping of road network, to a licensed waste facility. f) Loads of materials leaving each site will be evaluated and covered if considered necessary to minimise potential dust impacts during transportation and the transportation contractor shall take all reasonable measures while transporting waste or any other materials likely to cause fugitive loses from a vehicle during transportation to and from site, including but not limited to, covering of all waste or material with suitably secured tarpaulin/ covers to prevent loss and utilisation of enclosed units to prevent loss. Reason: In the interests of Road Safety 13 a) 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. b) Prior to and during construction any pumping of groundwater, surface water or any other potentially polluting discharges of any other effluent, under the relevant Water Pollution Acts, the developer shall apply for a licence from the Local Authority. c) All surface water management/SUDs works shall comply with Monaghan County Council Technical guidance document (WSTGD 2008) and Monaghan County Council Storm Water Technical Guidance Document 2017. d) Where work is to be carried out in the public roadway, consent and relevant road opening licence shall be obtained from the Local Authority. All works carried out by the developer shall all be in accordance with Guidelines for Managing Openings in Public Roads Second Edition (Rev 1) April 2017. e) 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. f) The line of any new fence or wall shall be positioned behind the visibility splays. Any new trees or shrubs to planted back from the visibility splays to allow for future growth and some species will require additional set back. All planting must be kept trimmed and must not impede on the visibility splays. Where a timber post and rail fence is erected along road boundary, the timber rails to be placed on the site side of posts, in the interest of road safety. The developer shall confirm that the existing hedge within boundary shall be cut back and maintained in order to achieve the required sight lines described above. g) Prior to any commencement of works on this development a security, by way of a cash deposit, in the sum of €2,250 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 the cash security. Reason: In the interests of road/traffic safety and securing a satisfactory standard of development. 14. Proposed external wall finishes shall be as indicated on the submitted drawings unless otherwise agreed in writing with the Planning Authority. Reason: In the interest of visual amenity. 15. a) All construction and/or demolition activity shall be restricted to the hours 08:00 to 18:00 Monday to Friday and the hours 09:00 to 13:00 on Saturdays, unless otherwise agreed in writing with the Planning Authority. b) No works shall take place on Sundays, bank holidays or public holidays. Reason: In the interests of residential amenity and to ensure that the development is carried out in an orderly and planned manner. 16. a) All hard and soft landscaping shall be in accordance with the submitted details. b) All planting shall be carried out in the first planting season following commencement of building operations and shall be permanently retained thereafter. c) Semi -mature tree specimens (native species; including oak, sycamore and beech) shall be used. Any plant which fails in the first planting season shall be replaced. d) Any planted trees or shrubs removed, dying, being severely damaged and/or becoming seriously diseased within 5 years from the completion of the scheme, shall be replaced by trees or shrubs of similar size and species to those originally required to be planted, unless as otherwise approved in writing by the Planning Authority. e) The proposed formal playground facility shall be provided and be fully operational, in accordance with the submitted details, before the occupation of any dwelling. Reason: In the interest of visual amenity. 17. a) All electricity, telephone, television and suchlike services shall be located underground. b) A duct, fit to accommodate a cable of minimum 100mm diameter, shall be provided where appropriate to allow for future broadband and suchlike connections. Reason: In the interest of orderly development. 18. If/where applicable, prior to the occupation of the houses, proposals for (i) the housing estate/development name, (ii) street names, (iii) house numbers and (iv) any associated signage, shall be submitted to the Planning Authority for agreement in writing. Estate and street names shall be displayed in bilingual format. Reason: To ensure a satisfactory standard of development. 19. The development shall be developed in accordance with plans and documentation submitted to the Planning Authority on the 12th December 2025, as amended on 09th July 2026 except as may otherwise be required in order to comply with the above conditions. Reason: In the interest of proper planning and sustainable development O_�' • Z� Adrian Hughes Date Senior Planner