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HomeMy WebLinkAbout2660259 - Planners ReportMONAGHAN COUNTY COUNCIL PLANNING AND DEVELOPMENT REPORT File Ref: 26/60259 Applicant: Adrian Maguire & Shona McGahan Development: 1) Permission for retention of an existing temporary mobile home, hardcore surfaced area, new entrance and connection to existing septic tank and percolation area. 2) Permission to construct a single storey extension onto the side and a two-storey extension at the rear of existing derelict dwelling house, Elevational changes, upgrade existing septic tank to a new wastewater treatment system, alterations to entrance onto public road and all associated site development works Location: Latton Castleblayney Co. Monaghan Site notices in place ARCGIS aerial view of site Characteristics of the Site/Area • Rural, corner site located in the Latton area. • The sites comprises an existing vacant, traditional two storey single storey dwelling and mobile home sited to the rear. • Site boundaries are defined by a combination of post and wire fencing, hedging, existing boundary wall and is also partly undefined. • The site is located within a rural farmland landscape characterised mainly by one-off housing and farm complexes. View of dwelling to be extended on approach from the south/south west. Mobile home to rear. View of mobile home to be retained from existign entrance. Relevant Site History None for this site. Pre-planning. None, as indicated. Consultee Responses Environment Health: No objections, subject to conditions. Objections/Representations Received None received. Appropriate Assessment Section 6.7 of MCDP 2025-2031 Natura 2000 Sites and Appropriate Assessment (AA) 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 site is not located within 15km of any SPA or SAC. It is considered that by virtue of the nature of the proposed development and the distance of the site from both Natura 2000 sites, there will not be any significant effects on the integrity of the SAC.In addition, there are no watercourses in the immediate proximity to the application site and no known significant pathway connectors with the Natura 2000 network. It is the opinion of the planning authority therefore, that given the cumulative effects of both the proposed development and any other plan or project, the development is not of a nature or scale to have any significant effects on the integrity of the Natura 2000 network and therefore a Stage 2 Appropriate Assessment is not required. Planning Assessment Policy AEDP 1 and Section 15.10.1 Alterations and Extensions to Dwellings 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. They are required generally comply with 9 criteria listed under Section 15.10.1. The proposal is for; 1. alterations and renovations to an existing single storey dwellinghouse 2. single storey extension & a storey and a half extension to the side & rear of existing dwelling house 3. a new domestic garage 4. relocate the existing site entrance on the private laneway 5. a new domestic waste water treatment system. The proposal is assessed having regard to the relevant criteria as follows; 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 site has the capacity to accommodate the proposal. b) The form, proportion, heights, fenestration, design and materials shall be in keeping with those of the main dwelling. The form, proportion, heights, fenestration, design and materials proposed are considered acceptable. c) Contemporary designed extensions shall not detract from the visual amenities of the main dwelling. The entire house is being remodelled as part of a comprehensive re-design. 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. No residential amenity issues rising. 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). No issues in this regard. f) The extension shall not result in an unacceptable loss of existing private open space area. Adequate private amenity space retained/provided. 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 to the rear of the property for refuse collection, utility access, or similar is not compromised. 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. New wastewater treatment proposed. EHO has no objections subject to conditions (i) Existing surface water drainage is maintained or relocated satisfactorily. Surface water drainage details provided are considered acceptable. Section 15.9.3 Restoration of Vernacular Buildings and Dwellings 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 design is considered acceptable. b) Retain existing vegetation defining the curtilage, where possible. Standard landscaping conditions shall be applied. c) Where determined necessary by the Planning Authority, existing access arrangements shall be improved in the interests of road safety. See consideration below. Additional information required. d) Where a new access is proposed, access arrangements shall comply with Section 15.23 of this Development Plan. Applicant seeks to improve an existing access. 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 Serving Single Houses (PE≤10) (2021), or any new or updated/subsequent versions. EHO has no objections. 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. Not applicable. 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. Not applicable. The proposal complies with Section 15.9.3. 15.10.5 Temporary Residential Accommodation The is section allows the proposals for temporary residential accommodation for a maximum period of 5 years, subject to the following; a) Where a permanent dwelling is being constructed on the same site or where site-specific, compelling domestic or personal circumstances have been demonstrated, and, where genuine hardship would result if planning permission for the temporary accommodation were refused. The applicant is seeking permission to refurbish and extend an existing vacant dwelling which is in a poor condition. The applicant would like to retain the mobile home until such times as the dwelling is ready for occupation. This is considered acceptable. The duration of the mobile home on site will be linked to the occupation of the new, refurbished and extended dwelling, up to a maximum of 5 years. b) A wastewater treatment and disposal system which complies 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. A new wastewater treatment and disposal system is proposed. The EHO has no objections, subject to conditions. c) The vehicular access for the permanent dwelling on the same site shall be completed in accordance with the conditions of the planning permission prior to the occupation of the temporary residential accommodation. See assessment below. Standard conditions shall be applied in respect of agreed suitable access arrangements. d) The development would not detrimentally impact on residential or visual amenity. No residential amenity concerns arising. Section 15.23 Road Access Standards and Policy RSP 1 A new/improved access is proposed onto a local tertiary road where visibility spays of 2.4 X 50 metres are normally required. The site layout plan indicates visibility splays of 45 metres to the north and 20 metres to the south, towards a sharp bend in the road. The access to be improved currently serves the mobile to be retained. It previously served the rear of the dwelling and also an agricultural field to the rear of the dwelling to be refurbished. There is a second entrance to the dwelling at the southeast corner of the site however, this does not appear wide enough to facilitate the safe egress and access of traffic. Whilst the improvements in the existing access arrangements are welcome, it is noted there is scope within the site for further improved visibility within the applicant’s control, particularly in the northerly direction, where a 50 metre visibility splay is achievable. As such, the applicant shall be requested to submit a revised site layout plan demonstrating the maximum length of visibility splays that can be achieved within their control, having regard to the aforementioned standards of 2.4 metres by 50 metres. Conclusion Additional information is required to allow a fully informed decision be made. Recommendation To request FURTHER INFORMATION: 1. Planning Authority notes that there is scope within the application site to further improve the existing access arrangements, in the interests of road safety. The applicant is therefore requested to provide amended site layout drawings demonstrating further improved access arrangements within the applicants control, having regard to minimum visibility requirements of 2.4 by 50 metres as stipulated in Table 15.4 of the Monaghan County Development Plan 2025- 2031. 2. The applicant is requested to provide an amended site layout plan clearly showing the existing gated entrance to the sites south-eastern corner permanently closed up. Planning Assessment • A formal response was received on 13th August 2026. • The additional information was not deemed to be significant. Re FI Points; 1. The applicant has advised that a 45 metres visibility splay is the maximum distance that can be achieved to the north of the entrance due the topography of the road and specifically constraints presented by the ‘brow of the hill’. It is considered that the maximum visibility achievable in both directions has been sufficiently demonstrated, and that the proposed access arrangements are an acceptable improvement, providing a road safety benefit. 2. A revised site layout plan has been provided showing the existing entrance to the south of the site to be permanently closed up. A condition shall be applied with regard to same. Recommendation That Permission is GRANTED subject to the following conditions; 1. a) The developer shall pay to Monaghan County Council a sum of €598 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) 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. 2. a) Prior to any other works commencing, visibility splays of 45 metres in a northerly direction and 20 metres in a southerly direction, 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) Prior to the occupation of the dwelling, the applicant shall provide clear evidence that the existing entrance, located at the sites southeastern corner, to be permanently closed up as indicated on submitted site layout Drawing No. 005A received on the 13th August 2026. c) 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. d) 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. e) 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. f) 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. 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. 3. Within a period of one month from the date of the occupation of the dwelling, or before the expiry of five years from the date of the final grant of permission, whichever is the sooner, the applicant shall carry out the following; a) remove the mobile home and any supplementary structures from the site area, b) appropriately reinstate said areas as grassland, unless prior to the end of this period (whichever is applicable) retention planning permission for a further period shall have been granted by the Planning Authority or An Coimisiún Pleanála. Reason: In the interests of appropriate design, proper planning and sustainable development 4. a) The effluent treatment system hereby permitted shall be constructed and commissioned within two months from the date of grant of planning permission. b) The mobile home on the site shall be connected to the effluent treatment system hereby permitted within one month of the effluent treatment system being commissioned. b) The existing effluent disposal system currently serving the mobile home on the site shall be decommissioned and removed from the site within one month of the mobile home being connected to the effluent treatment system hereby permitted. Reason: In the interest of public health and environmental protection 5. 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 24/06/2026 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 mobile home being connected to the effluent treatment system hereby permitted, or within two months of the first occupation of the dwelling, whichever is the sooner, 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. a) All hard and soft landscaping on-site shall be carried out in accordance with the submitted landscaping details/plan. b) Any mature trees and hedgerow defining the site boundaries shall be permanently retained in this development, unless otherwise agreed in writing with the Planning Authority. Reason: In the interest of visual amenity and appropriate design. 7. Any construction and demolition waste or excess soil generated during the construction phase which cannot be reused on site shall be disposed/recovered at an appropriately permitted facility in accordance with the requirements of the Waste Management Act 1996 as amended. Reason: In the interest of environmental protection and public health. 8. The development shall be carried out in accordance with plans and documentation submitted to the Planning Authority on 24th June 2026, as amended on 13th August 2026, except as may otherwise be required in order to comply with the above conditions. Reason: To ensure a satisfactory standard of development. ---------------------- Brian Mc Geary Planner 02/08/2026 Development Contributions Calculations - Residential Development Category Dev Type Rate Number / Units Floor Area / Calculation Contributions Due (€) 3(c) Com, Rec, Amenity Residential Extensions / Additional Floorspace (including garages and other domestic outbuildings) Up to 40m² (436 sq ft) Exempt Over 40m² (436 sq ft) €12 per m² Area of additional floorspace 92.80m2 92.80m2 less 3m2 (demolition) and less 40m2 (Exemption) =49.8m2 48.9 X 12 = 597.6 €598.00 Contributions Due (€) €598.00 Exemptions / Reductions under Part 18 of Development Contribution Scheme (if applicable) Category (a) – (m) Dev Type % Reduction Calculations Exemption / Reduction (€) €598.00 Total Amount Due Contributions Due – Discount Total Due (€) €598.00 Checked / Date AP / EP AO SEP 31/08/2026 SF 31/08/2026