HomeMy WebLinkAbout2560489 - Chief Executives OrderMONAGHAN COUNTY COUNCIL
PLANNING AND DEVELOPMENT ACT 2000 (as amended)
Chief Executive's Order No: P835-26
Reference Number:
Name of Applicant
Address:
25/60489
Connolly Partnership
Michael Malone
9 Dolphins Barn
Dolphins Barn
Dublin 8
D08WD40
Nature of Application: Planning permission to construct a housing development on a site of
1.87 Hectares, consisting of an amended total of 44 dwellinghouses
comprising of 5 No. single storey semi-detached houses; 39 No. two
storey detached, semi-detached & terraced houses and, all associated
site infrastructure and engineering works necessary to facilitate the
development.
Location of Development: Doohamlat
Castleblayney,
County 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 22 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
A/DIRECTOR OF SERVICES
Date
25/60489 Connolly Partnership, Doohamlat, Castleblayney, County Monaghan
(1) a) The developer shall pay to Monaghan County Council, or as otherwise agreed, a sum
of €44,880.00 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 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.
(2) a) The developer shall pay to Monaghan County Council, or as otherwise agreed, a sum
of €85,360.00 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 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.
(3) Prior to commencement of development, a security by way of a cash deposit in the sum of
€308,000.00 (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.
Reason: To ensure the proper planning and sustainable development of the area.
(4) 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.
(5) The applicant shall enter into a Connection Agreement(s) with Uisce Eireann, prior to
commencement of development, to provide for a service connection(s) to the public water supply
and/or wastewater collection network and adhere to the standards and conditions set out in that
agreement. All development shall be carried out in compliance with Uisce Eireann's Standard
Details and Codes of Practice.
Reason: To ensure the proper planning and sustainable development of the area.
(6) Prior to the commencement of the development as permitted, the applicant/developer or any
person with an interest in the land shall enter into an agreement with the Planning Authority (such
agreement must specify the number and location of each housing unit), pursuant to Section 47 of
the Planning and Development Act 2000 (as amended), that restricts all residential units permitted
to first occupation by individual purchasers i.e. those not being a corporate entity, and/or by those
eligible for the occupation of social and/or affordable housing, including cost rental housing, unless
otherwise agreed in writing.
Reason: To restrict new housing development to use by persons of a particular class or
description in order to ensure an adequate choice and supply of housing, including affordable
housing, in the common good.
(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 and affordable
housing, in accordance with the Monaghan County Council Housing Strategy.
Reason: In the interest of proper planning and sustainable development.
(8) Prior to commencement of the development hereby approved, the developer shall submit revised
plans indicating the following details, or as otherwise agreed, for agreement in writing by the
Planning Authority;
- Landscaping drawings providing for no clashing with proposed public lighting, and no trees within
6m of a lighting column.
- Public lighting design / drawings showing the lighting at the junction to the public road with the
existing lighting referenced in the public lighting report along the road to be moved (to ensure
adequate lighting along the public road and the junction to the new development and along the
road).
- A revised site layout plan providing for further separation of dwelling No's 42-44 to the northern
site boundary.
Reason: In the interests of residential and visual amenity.
(9) The following archaeological requirements shall be fully complied with:
a) The Applicant shall engage the services of a suitably qualified archaeologist to monitor all
topsoil stripping associated with the development. The areas around all archaeological
deposits uncovered during archaeological testing shall be extended and cleaned back by
hand to reveal the full extent of all archaeological features on the site.
b) Should archaeological material be found during the course of monitoring, the archaeologist
may have work on the site stopped pending a decision as to how best to deal with the
archaeology. The developer shall be prepared to be advised by the Department of Housing,
Local Government and Heritage with regard to any necessary mitigating action (e.g.
preservation in situ, and/or excavation). The applicant shall facilitate the archaeologist in
recording any material found. All archaeological features shall be fully archaeologically
recorded, planned, photographed and excavated prior to the commencement of works in
this area of the site, and in keeping with Best Archaeological Practice.
c) The Department of Housing, Local Government and Heritage shall be furnished with a
report describing the results of the monitoring.
Reason: To ensure the continued preservation (in situ or by record) of places, caves, sites,
features or other objects of archaeological interest.
(10) The following environmental conditions shall be adhered to:
(i) Prior to the commencement of development, a Nature Based Solutions (NBS)
management and maintenance plan shall be submitted to the Planning Authority
for agreement in writing. The development shall subsequently be completed,
maintained and managed in accordance with the approved plan.
(ii) The site shall be managed in a manner which prevents the discharge of polluting
matter to any ground or surface waters.
(iii) 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.
(iv) All waste oils and any other hazardous waste materials shall be stored
appropriately and collected, recovered or disposed of in accordance with the
Waste Management Act 1996 as amended, and records of such shall be kept on
site.
(v) Submit details and copy of contractual agreement with Service Management
Company regarding surface water drainage prior to completion of development.
(vi) All surface water collection, attenuation and discharge systems to be maintained as
per further information submission.
Reason: In the interests of environmental protection and to ensure that the development is
carried out in an orderly and planned manner.
(11) 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 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".
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.
(12) 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.
(13) The following phasing requirements shall apply:
a) Unless otherwise agreed in writing by the Planning Authority, all roads, footpaths, public
lighting and underground services in respect of phase 1 shall be completed prior to the
occupation of the first dwelling in phase 2. Consequently all roads, footpaths, public
lighting and underground services in respect of phase 2 shall be completed prior to the
occupation of the first dwelling in phase 3. No dwelling shall be occupied until such times
as public water and waste water services are in place.
b) The public amenity/open spaces, including the formal play area, shall be completed to a
standard agreed in writing by the Planning Authority as being suitable for public
amenity/open space prior to the occupation of any house, or in accordance with a phasing
schedule or as otherwise agreed in writing with the Planning Authority.
Reason: In the interest of orderly development.
(14) a) Prior to the occupation of the dwelling units hereby granted, the recommendations of
the Road Safety Audit, submitted to the Planning Authority on 05th December 2025 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.
(15) 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.
(16) 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.
(17) 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.
(18) 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.
(19) a) All hard and soft landscaping shall be in accordance with the submitted details.
b) All planting (in a particular phase) shall be carried out in the first planting season following
commencement of building operations in that phase 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) Unless otherwise agreed in writing with the Planning Authority 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.
(20) 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.
(21) 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.
(22) The development shall be developed in accordance with plans and documentation submitted to
the Planning Authority on the 05th December 2025, as amended on 29th July 2026 except as may
otherwise be required in order to comply with the above conditions. In the interests of clarity, the
total number of dwellings approved is 44.
Reason: In the interest of proper planning and sustainable development.
Adrian Hughes Date
A/DIRECTOR OF SERVICES