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Home My WebLink About266 - Planners ReportMATERIAL CONTRAVENTION OF THE MONAGHAN COUNTY DEVELOPMENT PLAN 2025-2031 SECTION 34 OF THE PLANNING AND DEVELOPMENT ACTS 2000-2010 (AS AMENDED) Planning Reference: 26/6 Location: Cara Street Clones Co. Monaghan Applicant: Rory McMahon Proposal: Permission for change of use from previously approved commercial premises to domestic accommodation to include all existing services together with all ancillary site works Summary A planning application for the above-described proposal was lodged with the Planning Authority on the 12th February 2026. The site comprises a vacant, detached single storey building, previously used as a comercial premises for the sale of gas appliances. Surrounding developments are predominently residential in nature. The rear of the building abutts an adjoining dwellinghouse and the front of the building faces onto the juction of Tower View and the N54. The site is falls on lands zoned as “Existing Commercial” as defined in the Monaghan County Development Plan 2025-2031, and is within close proximity to Clones Town Centre. While the development does not comply with the land use zoning, it does accord with all other relevant provisions of the Development Plan, and it is considered that it would support the proper planning and sustainable development of the area by bringing a vacant building back into active use and providing an additional residential unit for Clones Town. The attached report outlines the full planning assessment of the proposal. No submissions were received within the normal five week submission period. A notice, pursuant to Section 34(6) of the Planning and Development Act 2000, was published in the Anglo Celt (on 23rd July) and Irish Independent (on 20th July) indicating that Monaghan County Council intended to consider granting planning permission for the development. This notice indicated that the Council would duly consider any submissions or observations received during the consultation period. No submissions were received further to these notices. It is recommended that the Members proceed with the material contravention and that planning permission be granted subject to conditions. ______________ Adrian Hughes A/Director of Services for Planning 29 August 2026 MATERIAL CONTRAVENTION OF THE MONAGHAN COUNTY DEVELOPMENT PLAN 2019-2025 PLANNING FILE NUMBER 26/6 This report is being submitted to the members of Monaghan County Council in accordance with Section 34(6) of the Planning and Development Act 2000 (as amended). Rory McMahon has applied for Permission for change of use from previously approved commercial premises to domestic accommodation to include all existing services together with all ancillary site works at Cara Street Clones Co. Monaghan. Site Location map - Cara Street Clones Co. Monaghan. 1. Introduction: A planning application for the development was lodged with the Planning Authority on the 12th February 2026. Further information was requested from the applicant on the 27th March 2026 and a response was received on the 2nd July 2026. The proposal does not accord with the Existing Commercial zoning on the site. It is however, to be in accordance with the proper planning and sustainable development of the area. In this regard it is noted that the site is surrounded by mainly residential land-uses. A material contravention of the Development Plan would be required if planning permission is to be granted. Notices, pursuant to Section 34(6) of the Planning and Development Act 2000 (as amended), were published in the Angelo Celt on the 23rd July 2026, and in the Irish Independent on the 20th July 2026, indicating that the Council intended to consider granting planning permission for the proposed development. The notices indicated that the Council would duly consider any submissions or observations received within the specified dates. No submissions or observations were received on foot of this. 2. Site Description: The site comprises a vacant, detached single storey building, previously used as a comercial premises. Surrounding developments are mainly residential in nature. The rear of the building abutts an adjoining dwellinghsoue and the front of the building faces onto the juction of Tower View and the N54. 3. Relevant/Recent Planning History: 97/20015 Rory McMahon: To erect a gas appliance showroom and private garage. Permission Granted 4. Consultations: MD: No Objections Uisce Eireann No response at time of writing DHLG&H: No Objections, Conditions An Taisce: No response at time of writing 5. Submissions/observations received relating to the planning application advertisement/notice: None. 6. Submissions/observations received relating to the material contravention notices: None. 7. Appropriate Assessment: 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). The site is within approx. 1.15km from Kilroosky Lough Natura 2000 site. Given the scale of development proposed, and the previously developed nature of the land, it is considered that there will not be any significant effects on the integrity of the Natura 2000 site. In addition, there are no significant watercourses in close proximity to the application site and no 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. 8. Planning Assessment: The following sections, objectives, policies, etc, contained in the County Development Plan 2025-2031 pertain. Development Principle • The lands are zoned for ‘Existing Commercial’. The applicant has contended that in their opinion, the circumstances surrounding this proposal are exceptional, and that the development will strengthen rather than undermine the zoning objectives. Whilst the proposal does not accord with the Existing Commercial zoning, it is considered that the development would be in line with the proper planning and development of the area. The primary land-use surrounding the site is residential. • Maps in Appendix G of the Development Plan do not indicate that the lands are at flood risk. Existing commercial Existing residential Extract from map. Site is outlined in red. Site Design • The applicant is proposing minimal changes to the site design. • An area of private amenity space totalling 26sqm will be provided to the side and rear of the building. • Existing parking arrangements are considered to be acceptable. • Landscaping is considered satisfactory. Building Design • The applicant is proposing minimal changes to the existing building. • The front elevation will remain unchanged. • Three new windows will be inserted, one on the north-western side elevation to serve the kitchen, one on the south-eastern side elevation to serve the bedroom and one on the north-eastern rear elevation to serve the proposed bathroom. Site Access & Parking: • Existing parking and access arrangements are considered to be acceptable. • The existing use as a commercial unit would allow for a car parking credit of 4spaces (Existing floor area of 62.43sqm, with 1 car parking space required per 15sqm for Retail). • The proposed use as a single dwelling does not require any car parking spaces in excess of 4 spaces. 9. Conclusions: ▪ While the development does not accord with the land use zoning, it does accord with other relevant provisions of the Development Plan and it is considered that it would support the proper planning and sustainable development of the area ▪ In accordance with Section 12 of General Development Contributions Scheme 2021-2036, “development contributions will only be levied in respect of net additional floorspace, footprint or site area, or where the new development places a demand for new, upgraded or additional infrastructure or services”. ▪ In this regard, development contributions are not due, as the proposed development comprises of change of use, with no additional footprint proposed and all services are existing at the site. ▪ No additional car parking is required, taking account of the previous use as a commercial unit. ▪ It is recommended that the material contravention of the Development Plan be passed resolution by the Elected Members, and that planning permission be granted. 10. Recommendation: That planning permission is GRANTED subject to the following conditions: 1. The development shall be carried out in accordance with plans and documentation submitted on 12/02/2026, as amended by additional information on 25/05/2026 and on 02/07/2026. Reason: To ensure a satisfactory standard of development. Maire Cullinan A/Senior executive Planner 18/08/26 11. Appendix (planning drawings): Site Layout Proposed Ground Floor Plan Proposed Elevations