HomeMy WebLinkAbout2653 - Chief Executives OrderMONAGHAN COUNTY COUNCIL
PLANNING AND DEVELOPMENT ACT 2000 (as amended)
Chief Executive's Order No: P794-26
Reference Number: 26/53
Name of Applicant: Conor Hoey
Address: Noel McGahon
Essexford
Dundalk
Co.Louth
Nature of Application: Outline permission for dwelling house, a domestic garage, a domestic
wastewater treatment system, a new site entrance with all associated
site development works
Location of Development: Stradeen
Carrickmacross
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 8 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
O' g. 26
Date
26/53 Conor Hoey, Stradeen, Carrickmacross, Co Monaghan
At Permission Consequent stage, full details of the layout, siting, height, design and external
appearance of the house (and garage) hereby permitted in principle, shall be submitted to the
Planning Authority for written agreement. The house design shall reflect the traditional
vernacular and shall be in keeping with the established built character of the area.
Reason: In the interest of visual amenity and appropriate design.
2. (a) The dwelling approved pursuant to any subsequent Permission Consequent shall be
first occupied by the applicant, a member of the applicant's immediate family or their
heirs and shall remain so occupied for a minimum period of seven years thereafter.
(b) Prior to the commencement of development pursuant to any subsequent Permission
Consequent, the applicant shall enter into an agreement with Monaghan County
Council under Section 47 of the Planning and Development Act 2000 (as amended)
regulating the occupancy of the dwelling in accordance with paragraph (a) above.
(c) Within two months of first occupation of the dwelling, the owner shall submit to the
Planning Authority written confirmation of the date of first occupation and
confirmation that the occupancy requirements of this condition are being complied
with.
(d) This condition shall not apply to a sale by a mortgagee in possession or any person
deriving title through such sale.
Reason: To ensure that development in this rural area is appropriately restricted in the
interest of the proper planning and sustainable development of the area.
3. The developer shall ultimately pay the Council a financial contribution in accordance with the
General Development Contribution Scheme 2021-2026 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
infrastructure and facilities in the area.
The financial contribution shall be determined at Permission Consequent stage and shall be
updated in accordance with the Wholesale Price Index for Building and Construction
(Materials and Wages) from the date of grant of permission consequent to the value
pertaining at the time of payment.
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. At Permission Consequent stage, the site access details shall comply with the following:
(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 4m 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.
5. (a) The proposed effluent treatment and disposal systems shall ultimately be located,
constructed and maintained in accordance with the details submitted and in
accordance with the requirements of the document entitled Environmental Protection
Agency Code of Practice - Domestic Wastewater Treatment Systems (population
equivalent ≤ 10), 2021. No systems 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 systems 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 2 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.
6. At permission Consequent Stage, landscaping shall comply with the following:
(a) Only that applicable portion of the roadside hedgerow, which must be lowered or
uprooted to provide adequate sight distances, shall be removed.
(b) Remaining mature trees and hedgerow defining the site boundary shall be
permanently retained in this development. They shall also be reinforced with
additional planting as per the submitted landscaping details and protected from
damage at all times, particularly during building operations.
(c) Proposed planting shall be carried out in the first planting season following
commencement of building operations and shall be permanently retained thereafter.
Any plant which fails shall be replaced. Trees shall be allowed to mature and shall not
be topped when trimming hedgerows.
(d) Any boundary fencing shall be of stained wood.
Reason: In the interest of visual amenity.
7. Garage shall ultimately be used solely for purposes incidental to the enjoyment of the dwelling
house and not for any industrial, business or commercial purposes.
Reason: To protect the amenity of the area and to prevent unauthorised development.
The development, conclusive details of which shall be approved at Permission Consequent
stage, shall be carried out in accordance with plans and documents submitted on the
16/06/2026, 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-1 • 2%
Adrian Hughes Date
Senior Planner