HomeMy WebLinkAbout2660259 - Chief Executives OrderMONAGHAN COUNTY COUNCIL
PLANNING AND DEVELOPMENT ACT 2000 (as a
Chief Executive's Order No: P901-26
Reference Number:
Name of Applicant
Address:
26/60259
Adrian Maguire & Shona McGahan
Nicola Shalvey
Cornanurney
Cootehill
CO. CAVAN
H16K168
Nature of Application: 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 of Development: Latton
Castleblayney
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.
Toirleach Gourley
A/SENIOR PLANNER
Date
26/60259 Adrian Maguire & Shona McGahan, Latton, Castleblayney, Co. Monaghan
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 Coimisiun Pleanala.
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.
c) 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.
C
Toirleach Gourley
A/Senior Planner
Date