Loading...
HomeMy WebLinkAbout2560533 - Appeal DecisionOur Case Number: PL -501277 -MN -26 Planning Authority Reference Number: 2560533 Planning Department Monaghan County Council Council Offices No.1 Dublin Street Monaghan Co. Monaghan Date: 3 1 AUG 2026 ►1� PAI An Coilnisiun Pleanala PLANNIN SECTION -2 SEP 2026 Re: Retention of external yard storage building with change of use from retail outlet to timber frame manufacturing facility. RB Coogans Hardware, Lakeview Business Park, Castleblayney Dear Sir/Madam, An order has been made by An Coimisiun Pleanala determining the above -mentioned matter under the Planning and Development Act 2000, as amended. A copy of the order is enclosed. In accordance with section 146(5) of the Planning and Development Act 2000, as amended, the Commission will make available for inspection and purchase at its offices the documents relating to any matter falling to be determined by it, within 3 days following the making of its decision. The documents referred to shall be made available for a period of 5 years, beginning on the day that they are required to be made available. In addition, the Commission will also make available the Inspector's Report, the Direction and Commission Order in respect of the matter on the Commission's website (www.pleanala.ie). This information is normally made available on the list of decided cases on the website on the Wednesday following the week in which the decision is made. The Public Access Service for the purpose of inspection/purchase of file documentation is available on weekdays from 9.15am to 5.30pm (including lunchtime) except on public holidays and other days on which the office of the Commission is closed. Yours faithfully, Kieran Somers Executive Officer BP100N Enclosures Teil Tel (01) 858 8100 Glao Aitiuil LoCall 1890 275 175 Facs Fax (01) 872 2684 64 Sr6ld Maoilbhride 64 Marlborough Street Laithrean Greasain Website www.pleanala.ie Baile Atha Cliath 1 Dublin 1 Riomhphost Email communications@pleanala.ie O01 V902 O01 V902 ,10 An Coimisiun Pleanala Commission Order PL -501277 -MN Planning and Development Act 2000, as amended Planning Authority: Monaghan County Council Planning Register Reference Number: 25/60533 Appeal by Jarlath McKerr against the decision made on the 7th day of April, 2026 by Monaghan County Council to grant subject to conditions a permission to Fine Living Timber Frames Limited in accordance with plans and particulars lodged with the said Council. Proposed Development: Retention of an existing external yard storage building with full permission sought for a change of use from an existing retail outlet (RB Coogan) to a timber frame manufacturing facility with ancillary office and staff facilities, elevational changes, new signage, an extension to the existing external yard storage building, new plant room/ancillary store, alterations to the existing car parking areas, revised boundary treatments and all associated site development works all at RB Coogans Hardware, Lakeview Business Park, Castleblayney, County Monaghan as amended by the revised public notices received by the planning authority on the 16th day of March, 2026 and which consisted of revised building details, revised and additional proposed site plans, a fully completed Water Protection Plan, additional landscaping and boundary details, revised noise assessment report, revised PL -501277 -MN An Coimisiun Pleanala Page 1 of 9 proposed hours of operations and deliveries, and a flood risk assessment, among others. Decision GRANT permission for the above proposed development in accordance with the said plans and particulars based on the reasons and considerations under and subject to the conditions set out below. Reasons and Considerations Having regard to the established nature and scale of the development proposed to be retained and proposed development, the previous use of the site, its location within a business park, and having regard to the 'Industry/Enterprise/Employment' zoning of the site, and the provisions of the Monaghan County Development Plan 2025-2031, including, inter alia, Objectives IEO-2, IEO-3, CBO-2, it is considered that, subject to compliance with the conditions set out below, the development proposed to be retained and proposed development would be in accordance with the objectives of the development plan, would not result in an undue adverse impact on the residential amenity of properties in the area, and would, therefore, be in accordance with the proper planning and sustainable development of the area. PL -501277 -MN An Coimisiun Pleanala Page 2 of 9 Conditions 1. The development shall be retained, carried out and completed in accordance with the plans and particulars lodged with the application, as amended by the further plans and particulars received by the planning authority on the 16th day of March, 2026, except as may otherwise be required in order to comply with the following conditions. Where such conditions require details to be agreed with the planning authority, the developer shall agree such details in writing with the planning authority prior to commencement of development and the development shall be retained, carried out and completed in accordance with the agreed particulars. Reason: In the interest of clarity. 2. No noise generating operational activities, incoming or outgoing deliveries, or external yard activity shall be carried out on site outside the hours of 0700 to 2000 Mondays to Fridays and 0800 to 1400 hours on Saturdays, or at any time on a Sunday or public holiday, unless otherwise agreed in writing with the planning authority. Reason: In the interest of clarity and residential amenity. PL -501277 -MN An Coimisiun Pleanala Page 3 of 9 3 Cl (a) (b) All mitigation measures contained in Section 5.2 (Mitigation Measures), including the upgrade of cladding panels, and Section 6.1 (Noise Management Policy) of the Noise Impact Assessment received by the planning authority on the 16th day of March, 2026 shall be implemented in full. The building fabric upgrading, including the upgrade of cladding panels, and external upgrade works cited in Section 5.2 of the Noise Impact Assessment shall be in place to the written satisfaction and approval of the planning authority prior to commencement of any manufacturing operations. Reason: In the interest of clarity and residential amenity. (a) (b) (c) The activities on site shall not give rise to noise levels at the nearest noise sensitive receptor which exceed the following sound pressure limits, unless as otherwise agreed in writing with the planning authority: (i) Between the hours of 0700 to 2000 — 55dB(A) Leq (1 hour). (ii) Between the hours of 2000 to 0700 — 45dB (A) Leq (1 hour). 95% of all noise levels measured shall comply with the specified limit value above. No individual noise measurement shall exceed the limit value(s) by more than 2dB(A). There shall be no tonal or impulsive noise at noise sensitive locations during night-time hours (between 2000 to 0700 hours). PL -501277 -MN An Coimisiun Pleanala Page 4 of 9 (d) Best practical means shall be adopted to ensure that no air, noise or dust nuisance occurs in the vicinity of nearby dwellings. Reason: In the interest of public health and environmental protection. 5. There shall be no more than 85 car parking spaces provided on site. Reason: To comply with the maximum car parking standard of Table 15.5 (Car Parking Standards) of the Monaghan County Development Plan 2025-2031. 6. The landscaping scheme shown on drawing number 2558 -P -103A, as received by the planning authority on the 16th day of March, 2026 shall be carried out within six months of the date of commencement of any manufacturing operations. In addition to the proposals in the submitted scheme, the following shall be carried out: (a) Additional planting shall be provided to areas previously allocated to parking spaces (removed on foot of condition number 4). (b) Additional planting shall be provided to the area to the south-west of the proposed block wall with paladin fence. Revised drawings shall be submitted to, and agreed in writing with, the planning authority prior to commencement of any manufacturing operations. All planting shall be adequately protected from damage until established. Any plants which die, are removed or become seriously damaged or diseased, within a period of five years from the completion of the development, shall be replaced within the next planting season with others of similar size and species, unless otherwise agreed in writing with the planning authority. Reason: In the interest of residential and visual amenity. PL -501277 -MN An Coimisiun Pleanala Page 5 of 9 7. The materials, colours, and textures of the external finishes to the structures on site shall be in accordance with the documentation submitted, unless as otherwise agreed in writing with the planning authority. Reason: In the interest of visual amenity. 8. Drainage arrangements, including the attenuation and disposal of surface water, shall comply with the requirements of the planning authority for such works and services. Reason: In the interest of public health and surface water management. 9. The mitigation measures and flood resilient construction measures contained within the site -specific flood risk assessment received by the planning authority on the 16t" day of March, 2026, shall be implemented in full prior to commencement of manufacturing operations Reason: In the interest of public health and surface water management. 10. No goods and materials shall be stored externally on site except where specific storage areas have been identified and agreed in writing with the planning authority. Reason: In the interest of orderly development. PL -501277 -MN An Coimisiun Pleanala Page 6 of 9 11. Site development and building works shall be carried out only between the hours of 0700 to 1900 Mondays to Fridays, inclusive, between 0700 to 1400 hours on Saturdays and not at all on Sundays or public holidays. Deviation from these times shall only be allowed in exceptional circumstances where prior written agreement has been received from the planning authority. Reason: To safeguard the amenity of property in the vicinity. 12. Prior to commencement of development, a Resource Waste Management Plan (RWMP) as set out in the Environmental Protection Agency's Best Practice Guidelines for the Preparation of Resource and Waste Management Plans for Construction and Demolition Projects (2021) shall be prepared and submitted to the planning authority for written agreement. The RWMP shall include specific proposals as to how the RWMP will be measured and monitored for effectiveness. All records (including for waste and all resources) pursuant to the agreed RWMP shall be made available for inspection at the site office at all times. Reason: In the interest of reducing waste and encouraging recycling PL -501277 -MN An Coimisiun Pleanala Page 7 of 9 13. A plan containing details for the management of waste (and, in particular, recyclable materials) within the development, including the provision of facilities for the storage, separation and collection of the waste and, in particular, recyclable materials shall be submitted to, and agreed in writing with, the planning authority prior to commencement of development. Thereafter, the agreed waste facilities shall be maintained, and waste shall be managed in accordance with the agreed plan. Reason: To provide for the appropriate management of waste and, in particular recyclable materials, in the interest of protecting the environment and the amenities of properties in the vicinity. 14. No advertising signs, flags, symbols, emblems, logos, or other advertising devices other than signage indicated on the plans approved shall be erected externally on the building or anywhere on the site without a prior grant of permission. Reason: In the interest of visual amenity. 15. A lighting plan shall be submitted to, and agreed in writing with, the planning authority for agreement prior to commencement of manufacturing operations. Reason: In the interest of amenity and public safety. PL -501277 -MN An Coimisiun Pleanala Page 8 of 9 The developer shall pay to the planning authority a financial contribution in respect of public infrastructure and facilities benefiting development in the area of the planning authority that is provided or intended to be provided by or on behalf of the authority in accordance with the terms of the Development Contribution Scheme made under section 48 of the Planning and Development Act 2000, as amended. The contribution shall be paid prior to commencement of development or in such phased payments as the planning authority may facilitate and shall be subject to any applicable indexation provisions of the Scheme at the time of payment. Details of the application of the terms of the Scheme shall be agreed between the planning authority and the developer or, in default of such agreement, the matter shall be referred to An Coimisiun Pleanala to determine the proper application of the terms of the Scheme. Reason: It is a requirement of the Planning and Development Act 2000, as amended, that a condition requiring a contribution in accordance with the Development Contribution Scheme made under section 48 of the Act be applied to the permission. Emer Mujhan Planning Commissioner of An Coimisiun Pleanala duly authorised to authenticate the seal of the Commission. Dated this 2S day of �, 6 _�� 2026. 6 PL -501277 -MN An Coimisiun Pleanala Page 9 of 9