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HomeMy WebLinkAbout2660127 - Planners Report1 MONAGHAN COUNTY COUNCIL PLANNING AND DEVELOPMENT REPORT File Ref: 26/60127 (Grant Permission) Applicant: Troy Jennings & Rachel McKay Development: planning permission to; a) carry out elevational alterations to existing two-storey dwelling house; b) provide new proprietary waste-water treatment system to serve same & c) subdivide existing domestic dwelling site, creating new / altered site boundaries; along with other associated ancillary site works Location: Annamacneill Ballybay Co. Monaghan A75 DX20 1.0 Date of Site Inspection 17/04/2026 1.1 Site Notice & Photos In Order 2 2.0 Site Characteristics/Area • Subject site with stated area of 0.582Ha. • Site levels generally flat with the roadside • Application site consists of a brick-built dormer bungalow, and a two-storey stone built building, as well as gardens and hardcore areas. • Existing mature boundaries. • Site accessed via Local Tertiary Road 3 3.0 Site Planning History 96/194 Russell Jennings retain septic tank Permission Granted 94/37 R. Jennings erection of fully serviced house m.o.p. 136/94 Permission Granted 91/32 Russell Jennings erection of 2 d'houses m.o.p. 274/91 Permission Granted 4.0 Consultee/Referral Responses EHO: Report dated: 15/04/2026 No Objection Fire Officer: No response at time of writing No other Referrals on Planning Application Control Form 5.0 Objections/Representations Received None received. 6.0 Pre-planning Meetings No as per application form 7.0 Planning Assessment 7.1 Proposed Development This is an application for Permission • carry out elevational alterations to existing two-storey dwelling house • provide new proprietary waste-water treatment system to serve same • subdivide existing domestic dwelling site • creating new / altered site boundaries • along with other associated ancillary site works Proposed Site Layout 4 Proposed Elevations and Floor Plans 7.2 Assessment The proposal will be considered against the following policies and objectives contained in the Monaghan County Development Plan 2025-2031; • Section 2.6.4 Tier 4 - Villages • Section 6.7 Natura 2000 Sites and Appropriate Assessment (AA) • Section 15.10.1 Alterations and Extensions to Dwellings • Section 15.22.4 Landscaping and Boundary Treatment 5 • Section 15.22.5 On-Site Wastewater Treatment Systems • Section 15.22.7 Surface Water Drainage • Section 15.22.8 Flood Zones and Appropriate Uses • Section 15.23 Road Access Standards Appropriate Assessment (Section 6.2 and Policy HCLP 1 Heritage, Conservation & Landscape Policies) Under Article 6(3) of the EU Habitats Directive and Regulation 30 of SI no. 94/1997 “European Communities (Natural Habitats) Regulations” (1997) any plan or project which has the potential to significantly impact on the integrity of a Natura 2000 site (i.e. an SAC or SPA) must be subject to an Appropriate Assessment. This requirement is also detailed under Section 177(U) of the Planning and Development Acts (2000-2010). Policy HCLP1 of MCDP 2025-2031 states: “No projects giving rise to significant cumulative, direct, indirect or secondary impacts on Natura 2000 sites arising from their size or scale, land take, proximity, resource requirements, emissions (disposal to land, water or air), transportation requirements, duration of construction, operation, decommissioning or from any other effects shall be permitted on the basis of this plan (either individually or in combination with other plans or projects6)”. The subject site is not located within 15km of a Natura 2000 site. There are no significant watercourses located within close proximity to the site and no known pathway connectors with the Natura 2000 network. Having regard to cumulative effects of both the proposed development and any other plan or project, it is the opinion of the planning authority that the development is not of a nature or scale to have any significant effects on the integrity of any Natura 2000 sites and therefore a Stage 2 Appropriate Assessment is not required in respect of this project. Policy RRDP 1 and Section 15.9.3 ‘Restoration of Vernacular Buildings and Dwellings’ Policy RRDP 1 advises that the Council will encourage restoration or adaption over the demolition of vernacular buildings. With carefully designed extensions and sensitive restoration, vernacular buildings and dwellings within the rural area can be brought up to standard capable of meeting modern day demands. • The applicant is proposing to renovate and alter an existing dwelling. • The dwelling is in good condition and is of vernacular character. In accordance with Section 15.9.3 of MCDP 2025-2031, Proposals for the restoration of vernacular buildings and dwellings shall generally comply with the following: a) Be architecturally sensitive and reflective of the existing building. • The proposed elevation changes are to the window and door openings. • The application does not include any proposed to extend the existing footprint. • The front elevation, which faces inwards in the site includes changing two existing door openings to windows, and a front door will be inserted into the large arched opening. • A number of roof lights / velux windows will also be installed in the roof slopes. • The rear elevation which faces onto the public road would include the biggest change with an expansive “curtain glazing” window opening spanning from ground floor to first floor. • Taking account of the existing structure and its vernacular character, and traditional window openings, the Planning Authority does not consider that the proposed rear facing feature windows are architecturally sensitive or reflective of the existing building. • Further information required. b) Retain existing vegetation defining the curtilage, where possible. • The existing boundaries will all be retained. • The applicant is seeking to subdivide the existing site to create a separate curtilage for the subject dwelling. c) Where determined necessary by the Planning Authority, existing access arrangements shall be improved in the interests of road safety. 6 • The applicant is proposing to use an existing access onto the Local Tertiary Road. • The submitted site layout plan does not include any information on visibility splays. • It is considered that there could be reasonable improvements made to visibility at the access point on lands within the ownership of the applicant and their family. • Further information required. d) Where a new access is proposed, access arrangements shall comply with Section 15.23 of this Development Plan. • The applicant is proposing to use an existing access onto the Local Tertiary Road. e) Where no wastewater treatment facilities exist, or the existing wastewater treatment facilities are not adequate to facilitate the development proposed, the applicant will be required to provide an onsite wastewater treatment system to comply with the requirements of the EPA Code of Practice – Wastewater Treatment and Disposal Systems Single Houses (PE≤10) (2021), or any new or updated/subsequent versions. • The proposal includes the installation of a new wastewater treatment system and percolation area as annotated on the proposed site layout plan. • The applicant also submitted a Site Suitability Assessment as prepared by Aaron McBennett dated 16/02/2026. • EHO Report dated: 15/04/2026 states no objection subject to conditions. f) Where the building to be restored is located more than 100m from an agricultural building and the restoration involves a residential extension which will be within 100m of the agricultural building, written consent from the owner of the agricultural building is required. Written consent must be signed by both parties and witnessed by a Solicitor or a Peace Commissioner. Where written consent has been provided, a condition restricting the first occupancy of the dwelling to the applicant or members of their immediate family or heirs for a 7-year period shall be included in any grant of permission. • Dwelling is not currently within 100m of any third-party agricultural buildings. g) Where the restoration comprises a change of use to residential, and is within 100m of an agricultural building, written consent from the owner of the agricultural building is required. Written consent must be signed by both parties and witnessed by a Solicitor or a Peace Commissioner. Where written consent has been provided, a condition restricting the first occupancy of the dwelling to the applicant or members of their immediate family or heirs for a 7-year period shall be included in any grant of permission. • Change of use is not proposed. Policy AEDP 1 and Section 15.10.1 ‘Alterations and Extensions to Dwellings’ Policy AEDP 1 advises that alterations and extensions to existing dwellings, is, in principle, an acceptable form of development. Proposals to alter or extend a dwelling will be considered on their individual merits, with the main considerations being that of design and the degree of impact on existing and adjoining properties. Proposals for alterations and extensions to existing dwellings shall generally comply with the following: a) The extension shall be ancillary/subordinate to the main dwelling and be located to the rear and/or side. An exception to this may be where the existing dwelling is so small that any extension will not meet the needs of the occupants or where the entire house is being remodelled as part of a comprehensive re-design. • The proposed elevation changes are to the window and door openings. • The application does not include any proposed to extend the existing footprint. b) The form, proportion, heights, fenestration, design and materials shall be in keeping with those of the main dwelling. • The front elevation, which faces inwards in the site includes changing two existing door openings to windows, and a front door will be inserted into the large arched opening. • A number of roof lights / velux windows will also be installed in the roof slopes. 7 • The rear elevation which faces onto the public road would include the biggest change with an expansive “curtain glazing” window opening spanning from ground floor to first floor. • Taking account of the existing structure and its vernacular character, and traditional window openings, the Planning Authority does not consider that the proposed rear facing feature windows to be in keeping with those of the main dwelling. • Further information required. c) Contemporary designed extensions shall not detract from the visual amenities of the main dwelling. • There are no extensions proposed. • It is considered, however, that the proposed rear facing feature windows would detract from the visual amenities of the main dwelling. • Further information required. d) The extension shall not have a material negative impact upon the residential amenities of adjoining dwellings or their private open space, in terms of overbearing or overlooking of adjoining properties. • The is no additional footprint proposed. • The “front” elevation faces onto the existing dwelling where all window and door openings are existing. • The distance between the two dwellings is c23m which would be retained. • It is also noted that the dwelling to the north of the subject dwelling is owned and occupied by the applicants family. • Additional planting is proposed along the new boundary between the two dwellings, enhancing privacy and separation. e) The extension shall not overshadow adjacent dwellings to the degree that there is significant decrease in daylight or sunlight entering the house. Where new extensions are located close to adjoining buildings in towns and villages, a daylight and sunlight shadow projection assessment, where requested, shall be carried out in accordance with the principles of Site Layout Planning for Daylight and Sunlight, A Guide to Good Practice (Building Research Establishment Report 2022). • There is no additional footprint proposed and therefore the proposed development is not expected increase any overshadowing on the adjacent dwelling. f) The extension shall not result in an unacceptable loss of existing private open space area. • The proposal includes the subdivision of the application site, allowing each of the dwellings to have their own private amenity space respectively. • Sufficient private amenity space remains within the application site. g) Side extensions shall be designed to ensure, where possible, access to the rear of the property for refuse collection, utility access, or similar is maintained. • Access arrangements around the properties will remain as existing. h) Where a dwelling is served by an existing on-site wastewater treatment system, and where the proposed extension results in the provision of additional occupants and bathrooms, the adequacy of the on-site wastewater treatment and disposal facilities shall be demonstrated. Where the existing wastewater treatment facilities are not adequate to facilitate the development proposed, the applicant will be required to upgrade the existing onsite wastewater treatment system to comply with the requirements of the EPA Code of Practice– Wastewater Treatment and Disposal Systems Serving Single Houses (PE≤10) (2021), or any new or updated/subsequent versions. • The proposal includes the installation of a new wastewater treatment system and percolation area as annotated on the proposed site layout plan. • The applicant also submitted a Site Suitability Assessment as prepared by Aaron McBennett dated 16/02/2026. • EHO Report dated: 15/04/2026 states no objection subject to conditions. 8 i) Existing surface water drainage is maintained or relocated satisfactorily. • Existing surface water drainage is to be maintained. Conclusion Additional Information: • Policy Compliance – Residential Alterations • Visibility Splays Recommendation It is recommended that ADDITIONAL INFORMATION be requested as follows: 1. Policy RRDP 1 advises that the Council will encourage restoration or adaption over the demolition of vernacular buildings. Proposals for the restoration of vernacular buildings and dwellings shall be architecturally sensitive and reflective of the existing building. Furthermore, Policy AEDP 1 advises that alterations and extensions to existing dwellings, is, in principle, an acceptable form of development and that the form, proportion, heights, fenestration, design and materials shall be in keeping with those of the main dwelling. There is concern that the expansive “curtain glazing” proposed on the rear elevation which faces directly onto the public road, is not in keeping with the existing fenestration and vernacular character of the existing dwelling and therefore is not considered to be architecturally sensitive or reflective of the existing building. In this regard, the applicant is requested to submit further and/or revised details demonstrating that the proposal acceptably complies with the requirements of Policy RRDP 1 and Section 15.9.3, as well as Policy AEDP 1 and Section 15.10.1 of the Monaghan County Development Plan 2025-2031. 2. Policy RRDP 1 and Section 15.9.3 of Monaghan County Development Plan 2025-2031 advises that where determined necessary by the Planning Authority, existing access arrangements shall be improved in the interests of road safety. In this regard, it is noted that the visibility at the current access point is considered to be poor, and the land either side of the access is within the ownership of the applicant and their family. It is therefore considered that there could be reasonable improvements made to visibility at the access point on lands within the ownership of the applicant and their family. In this regard, the applicant is requested to submit the following information; a) Submit a revised site layout plan (1:500 scale) indicating how a clear and unobstructed visibility splay of up to 50m can be achieved at the entry/exit point where the access meets the Local Tertiary Road. The required visibility splays should be provided from a point in the centre of the entrance, 2.4 metres from the road edge at a height of 1.05 metre to 2.0 metres above ground level to an object height of 0.26 metres to 2.0 metres above ground level in both directions. Sight distances to be measures to the nearest road edge in both directions. The submitted revised site layout plan should demonstrate all necessary site work, including the extent of the front boundary hedge and trees which would be required to be removed/trimmed, re-grading of side banks etc to achieve the required sight distances. b) In the event where the sight distances are not achievable within the applicant’s ownership, the applicant should submit legal agreements with adjoining landowners giving their consent for all necessary works to facilitate the required 120m sight distances, including removal/trimming of hedgerow/hedges, re-grading of side banks etc. The Applicant should note that legal agreements should be submitted using the Appendix 13 template ‘Form of Agreement in respect of forward and rear visibility’ as contained in the Monaghan County Development Plan 2025-2031. 9 Catherine Toner Assistant Planner Date: 13/05/2026 10 Further Information Assessment FI was requested and a response was submitted on 11/08/2026. The FI request was as follows: 1. Policy RRDP 1 advises that the Council will encourage restoration or adaption over the demolition of vernacular buildings. Proposals for the restoration of vernacular buildings and dwellings shall be architecturally sensitive and reflective of the existing building. Furthermore, Policy AEDP 1 advises that alterations and extensions to existing dwellings, is, in principle, an acceptable form of development and that the form, proportion, heights, fenestration, design and materials shall be in keeping with those of the main dwelling. There is concern that the expansive “curtain glazing” proposed on the rear elevation which faces directly onto the public road, is not in keeping with the existing fenestration and vernacular character of the existing dwelling and therefore is not considered to be architecturally sensitive or reflective of the existing building. In this regard, the applicant is requested to submit further and/or revised details demonstrating that the proposal acceptably complies with the requirements of Policy RRDP 1 and Section 15.9.3, as well as Policy AEDP 1 and Section 15.10.1 of the Monaghan County Development Plan 2025-2031. • The applicant has submitted a supporting statement which explains the design concept and rationale which has been derived from the Draft Monaghan Rural Design Guide. • Having reviewed the statement together with the proposed drawings, it is considered that the proposed acceptability complies with the relevant policy and reflects the Monaghan vernacular as illustrated in the Draft Monaghan Rural Design Guide. • Planning Authority considers the inclusion of a transom horizontal bar would be more in-keeping with satisfying client submission and balancing with development plan provisions and rural character concerns. 2. Policy RRDP 1 and Section 15.9.3 of Monaghan County Development Plan 2025-2031 advises that where determined necessary by the Planning Authority, existing access arrangements shall be improved in the interests of road safety. In this regard, it is noted that the visibility at the current access point is considered to be poor, and the land either side of the access is within the ownership of the applicant and their family. It is therefore considered that there could be reasonable improvements made to visibility at the access point on lands within the ownership of the applicant and their family. In this regard, the applicant is requested to submit the following information; a) Submit a revised site layout plan (1:500 scale) indicating how a clear and unobstructed visibility splay of up to 50m can be achieved at the entry/exit point where the access meets the Local Tertiary Road. The required visibility splays should be provided from a point in the centre of the entrance, 2.4 metres from the road edge at a height of 1.05 metre to 2.0 metres above ground level to an object height of 0.26 metres to 2.0 metres above ground level in both directions. Sight distances to be measures to the nearest road edge in both directions. The submitted revised site layout plan should demonstrate all necessary site work, including the extent of the front boundary hedge and trees which would be required to be removed/trimmed, re-grading of side banks etc to achieve the required sight distances. b) In the event where the sight distances are not achievable within the applicant’s ownership, the applicant should submit legal agreements with adjoining landowners giving their consent for all necessary works to facilitate the required 120m sight distances, including removal/trimming of hedgerow/hedges, re-grading of side banks etc. The Applicant should note that legal agreements 11 • The applicant has submitted a revised site layout plan with visibility splays of 50m denoted in both directions from the access onto the public road. • The visibility splays do not cross over third-party land and as such, Legal Agreements are not required in this case. • Planning Authority satisfied in this regard. Development Contribution A Community, Recreation and Amenity Facilities Development Contribution is calculated as per separately attached sheet. Conclusion The proposed development complies with all relevant rural housing provisions in Monaghan County Development Plan 2025-2031 and the proper planning and sustainable development of the area. A Grant of Permission is recommended subject to conditions. Recommendation Main Reasons and Considerations Having regard to • the nature and scale of the proposed development • the established pattern of development in the area • the provisions of the current Monaghan County Development Plan it is considered that the proposed development, • would not seriously injure the amenities of the area • would not injure public safety by reason of traffic hazard • would not injure the amenity of property in the vicinity • would not endanger public health and subject to compliance with the conditions set out below it is considered that the proposed development accords with both the Monaghan County Development Plan 2025-2031 and the proper planning and sustainable development of the area. It is recommended that Permission be GRANTED subject to the following conditions: 1. a) Prior to commencement of development, the developer shall submit to the planning authority for approval in writing, a revised rear (roadside) elevation of the dwelling, detailing a transom horizontal bar dividing the ‘curtain glazing’ element, that will provide for a higher solid (wall) to void (window) relationship, and is more reflective of rural character, or as otherwise agreed. b) The development shall be carried out in accordance with the agreed revised details. Reason: In the interest of visual amenity, maintaining rural character and securing a satisfactory standard of development. 2. a) The developer shall pay to Monaghan County Council a sum of €650.00 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). 12 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. a) Prior to any other works commencing, 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 to the private lane, 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) 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. g) 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. h) 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. i) 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 02/04/2026 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 13 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. 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. a) 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. b) 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. c) 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. d) Any boundary fencing shall be of stained wood. Reason: In the interest of visual amenity. 6. A maximum of two external wall finishes shall be utilised. Reason: In the interest of visual amenity. 7. The development shall be carried out in accordance with plans and documentation submitted to the Planning Authority on 02/04/2026, as amended by additional information on 11/08/2026, except as may otherwise be required in order to comply with the above conditions. Reason: To ensure a satisfactory standard of development. _________________ 14 Catherine Toner Assistant Planner Date 26/08/2026 Monaghan County Council Development Contributions Calculations Category Dev Type Rate Number / Units Floor Area / Calculation Contributions Due (€) 3 Community Recreation, Amenity (s) Development not coming within any of the foregoing classes. €650 per hectare or part thereof €12 per m2 of footprint of structure 0.582 ha = €650 €650 Contributions Due (€) €650 Exemptions / Reductions under Part 18 of Development Contribution Scheme (if applicable) Category (a) – (m) Dev Type % Reduction Calculations Exemption / Reduction (€) Total Amount Due Contributions Due – Discount Total Due (€) €650 Checked / Date AP / EP AO SEP 26/08/2026 SF 27/08/2026