HomeMy WebLinkAbout2560489 - Appeal NotificationOur Case Number: PL -502064 -MN -26
Planning Authority Reference Number: 2560489
Planning Department
Monaghan County Council
Council Offices
No.1 Dublin Street
Monaghan
Co. Monaghan
Date:
Re:
09 September 2026
MON. CO. CO.
PLANNING SECItO+ j
10 SEP 2026
Construction of 44 houses and all associated site works.
Doohamlat, Castleblayney, Co. Monaghan.
Dear Sir/Madam,
An
Coimisiun
Pleanala
Enclosed is a copy of an appeal under the Planning and Development Act, 2000, (as
amended).
1. The planning authority is required to forward specified documents to the Commission under
the provisions of section 128 and section 37(1)(b) of the Planning and Development Act,
2000, (as amended). You are requested to submit these pilot digital planning application
documents to An Coimisiun Pleanala electronically. The documents are to be uploaded
on our digital portal as agreed with the training from the LGMA.
Please upload, within a period of 2 weeks beginning on the date of this letter, the following
documents:-
(i) a copy of the planning application made to the planning authority and a copy of any
drawings, maps (including ordnance survey number) particulars, evidence, a copy of any
environmental impact statement, other written study or further information received or obtained
by your authority in accordance with regulations under the Acts. If practicable, the original of
any drawing with coloured markings should be provided or a coloured copy,
(ii) a copy of any technical or other reports prepared by or for the planning authority in relation
to the application,
(iii) a certified copy of the relevant Manager's Order giving the decision of the planning authority,
(iv) a copy of the notification of decision given to the applicant,
(v) particulars of the applicant's interest in the land or structure, as supplied to the planning
authority,
Teil Tel (01) 858 8100
Glao Aitiuil LoCall 1890 275 175
Facs Fax (01) 872 2684 64 Sraid Maoilbhride 64 Marlborough Street
Laithrean Greasain Website www.pleanala.ie Baile Atha Cliath 1 Dublin 1
Riomhphost Email communications@pleanala.ie 001 V902 D01 V902
(vi) a copy of the published notice and a copy of the text of the site notice erected on the land or
structure.
(vii) a copy of requests (if any) to the applicant for further information relating to the application
under appeal together with copies of reply and documents (if any) submitted in response to
such requests,
(viii) a copy of any written submissions or observations concerning the proposed development
made to the planning authority,
(ix) a copy of any notices to prescribed bodies/other authorities and any responses to same,
(x) a copy of any exemption application/certificate within Part V of the 2000 Act, (as amended),
applies,
(xi) a copy of the minutes of any pre -planning meetings,
(xii) One electronic copy of any Environmental Impact Assessment Report received by
the Planning Authority as per Article 97(1) of the Planning and Development Regulations,
2001, (as amended).
2. To ensure that the Commission has a full and complete set of the material specified above
and that it may proceed with full consideration of the appeal, please certify that the planning
authority holds no further material relevant to the case coming within the above list of items by
signing the certification on page 3 of this letter and returning the letter to the Commission.
3. In addition to the documents mentioned above, please supply the following:- Particulars
and relevant documents relating to previous decisions affecting the same site or relating to
applications for similar development in near proximity. "History" documents should include;
a) Certified Manager's Order,
b) the site location, site layout maps, all plans and
c) particulars and all internal reports.
Copies of I -plan sheets are not adequate.
Where your records show that a decision was appealed to the Commission, it would be helpful
if you would indicate the Commission's reference.
Submissions or observations by the planning authority.
4. As a party to the appeal you may, under section 129 of the 2000 Act, (as amended), make
submissions or observations in writing to the Commission in relation to the appeal within a
period of 4 weeks beginning on the date of this letter.
Please note any submission/observation you wish to make to the Commission CANNOT
be uploaded to Sharefile. These submissions can be made in writing to the Commission
or can be emailed to appeals@pleanala.ie within the required timeframe.
Any submissions or observations received by the Commission outside of that period shall not
be considered, and where none have been validly received, the Commission may determine the
appeal without further notice to you.
Contingency Submission
5. If the decision of your authority was to refuse permission, you should consider whether
the authority wishes to make a contingency submission to the Commission as regards
appropriate conditions which, in its view, should be attached to a grant of permission should the
Commission decide to make such a grant. In particular, your authority may wish to comment
on appropriate conditions which might be attached to a permission in accordance with
section 48 and/or 49 of the 2000 Planning Act, (as amended), (Development / Supplementary
Development Contributions) including any special condition which might be appropriate under
section 48(2)(c) of the Act.
Any such contingency submission, in circumstances which your authority decided to refuse
permission, would be without prejudice to your authority's main submission in support of its
decision.
Please quote the above appeal reference number in any further correspondence.
If you have any queries in the meantime, please contact the undersigned officer of the
Commission at appeals@pleanala.ie.
I hereby certify that the planning authority has complied with section 128 and section 37(1)(b) of
the 2000 Act, (as amended), and that all material relevant to (PL -502064 -MN -26) the request at
1 on page 1 of this letter has been forwarded.
Signed:
Print:(
Date:
Yours faithfully,
Verity Taylor
Administrative Assistant
Digital BP07 Enclosures
Make a Planning Appeal
Direct URL: https://forms.gov.ie/en/68e6334b054d8f2739f8ad5b
Response ID
6aa120a7564326d87b0fcbd5
Date submitted
09/09/2026
Check if you can appeal to An Coimisiun Pleanala
1. What type of appeal are you making?
Third -party appeal (I am appealing the planning authority's decision
regarding someone else's application)
2. Have you made a submission on this development to the relevant
Yes
planning authority?
3. Given you are making a third party appeal, you must include the
Acknowledgement of Submission.png - Virus scan flagged the file as clean
acknowledgment document that the planning authority gave to you to
confirm you made a submission to it.
4. Select the statement that applies to you
I am the appellant
ry.
5. Throughout the appeal process, we may issue correspondence to the
Yes
appellant/agent as selected above by email. Please confirm that you are
satisfied to receive correspondence by email
°"'
Appeal type
**This section will determine the type of appeal you wish to make and calculate
be charged.**
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6. Do you wish to request an oral hearing?
No
7. Please confirm the following fee details are correct:
Yes
Appellant/company details
**This section is for details of the person/company who is making the appeal.
If you are an agent submitting an appeal on behalf of a person/company,
please include their details on this page. You can submit your agent details on the next page if applicable**
8. Appellant's full name/Company name
Damian Murphy
9. Is the appellant/company's address in the Republic of Ireland?
Yes
10. Address
19 COTS LOCHA
DOD HAM LET
CASTLEBLAYNEY
MONAGHAN
A75XH66
Ireland
11. Phone number
+353830901272
Is there more than one appellant associated with this appeal?
No
*Please be advised that An Coimisiun Pleanala will only correspond with one appellant throughout the appeal process. If you wish to include further
appellants on the appeal you may do so in your grounds to appeal document.
If the appeal is a third party appeal, you must ensure that you have a planning authority submission acknowledgement letter for each appellant listed. This
must be uploaded with your appeal documents.*
Details about the proposed development
**This section asks for details about the planning authority decision you wish to appeal**
13. Planning authority Monaghan County Council
14. Planning authority register reference number 25/60489
15. Address of proposed development CONNOLLY'S
DOOHAMLET
CASTLEBLAYNEY
MONAGHAN
A75CF58
Ireland
Grounds for appeal
16. Attachment describing the grounds of your appeal (planning reasons
and arguments)
"You can also attach further supporting materials on the next page"
Murphy Grounds of Appeal 2026.pdf - Virus scan flagged the file as clean
Supporting material
If you wish you can include supporting materials with your appeal. Supporting materials include photographs, plans, surveys, drawings, technical guidance
documents and so on.
Please note An Coimisiun Pleanala will receive a complete copy of documents/drawings/maps that were submitted at planning authority stage. When
submitting supporting material, please only include new documents. (This does not apply to third party appeals where we will always require a copy of your
planning authority submission acknowledgement letter,)
If you have added attachments, submitting the form may take a few moments. Thanks for your patience.
THIRD -PARTY APPEAL
Planning Ref. 25/60489
Applicant: Connolly Partnership
Location: Doohamlat, Castleblayney, Co. Monaghan
Decision: Grant of permission dated 18 August 2026
Appeal by:
Damian Murphy
19, Cois Locha, Doohamlet, Co. Monaghan
1. Dntroductoon
I wish to appeal Monaghan County Council's decision dated 18 August 2026 to grant
permission for the amended 44 -dwelling development under Planning Ref. 25/60489.
I am the resident of No. 19, which directly adjoins the proposed development.
My appeal is focused primarily on the effect of the amended layout on the residential and
visual amenity and privacy of No. 19, particularly in relation to the northern section of the
development.
The concerns I raised during the planning process have not, in my view, been adequately
resolved by the revised layout or by the conditions attached to the permission.
I respectfully request that the Board overturn the decision and refuse permission.
2. C Canes fro th Nl o thern Section and Resident rD
A menuty
A significant change occurred between the original and revised proposals in the area
adjoining No. 19.
In the original layout, Houses 42, 43 and 44 were two -storey houses forming part of a
terrace row, together with House 45, which was a single -storey bungalow. House 45 was the
dwelling closest to the relevant northern boundary.
Following concerns raised during the planning process regarding the relationship between
the proposed development and the existing adjoining dwelling, House 45 was removed from
the revised proposal as per the council's instructions.
However, Houses 42, 43 and 44 remain as two -storey dwellings forming the remaining
section of the terrace. The revised layout also appears to bring this remaining section further
up the site and closer to the northern boundary, as shown below.
43
The removal of House 45 does not, in itself, remove the need to consider the relationship
between the remaining two -storey Houses 42-44 and the existing dwelling at No. 19. The
impact of the revised arrangement should, in my view, be assessed on the basis of the
actual final layout, including the position, height and levels of Houses 42-44 and their
proximity to the northern boundary.
3. Difference in Ground Levels and Visual Impact
The impact of the development cannot be assessed by looking at horizontal distances alone.
The photographs submitted below show the existing levels within my garden and the
relationship between my property and the adjoining land.
My garden is lower than the relevant portion of the proposed development site, with the
proposed houses located on higher ground.
The photographs demonstrate the change in levels within the garden, while the proposed
houses are located on the higher portion of the site. This means that the effective visual
height of the proposed two -storey houses from No. 19 may be greater than might be
apparent from the site layout alone.
This is particularly relevant because Houses 42-44 are two -storey dwellings, whereas
House 45 in the original proposal was a single -storey dwelling.
The Board is therefore asked to consider the relationship between:
• the existing ground levels;
o the proposed finished ground levels;
o the finished floor levels;
o the overall building heights;
o the ridge levels;
o the relative levels between the proposed houses and No. 19;
o the resulting sightlines; and
® the effect of these factors on the residential and visual amenity and privacy of No. 19.
view from back garden ground floor level
4. Condition 8 - Further separation of 42-44
Condition 8 requires:
"A revised site layout plan providing for further separation of dwelling No's 42-44
to the northern site boundary."
The stated reason is:
"In the interests of residential and visual amenity."
This condition is important because it demonstrates that the Planning Authority itself
considered that the relationship between Houses 42-44 and our boundary required further
attention.
However, the permission does not specify how much further separation is required.
There is no stated minimum distance.
There is no specified revised position for Houses 42-44.
There is no requirement identifying the finished floor levels or heights that must be achieved
in conjunction with the relocation.
As the relationship with No. 19 is one of the principal concerns, I do not consider that an
unspecified future alteration adequately resolves the issue at the time permission was
granted.
The Board is therefore asked to consider whether the permission provides sufficient certainty
that the residential amenity of No. 19 will actually be protected.
5. Potential Overlooking from Houses 31-35
In reviewing the Planning Authority's assessment of the relationship between the proposed
development and No. 19, I noted the consideration given to habitable -room windows in the
area of Houses 42-44.
This prompted me to look more closely at the other proposed houses in the northern part of
the site, particularly Houses 31 and 32, rather than assuming that the same assessment
necessarily applied to the remainder of the development.
On reviewing the submitted floor plans and elevations for Houses 31 and 32, I became
concerned that the first -floor accommodation appears to include bedrooms at the rear of
these houses. Their orientation and position are materially different from Houses 42-44.
This raised a specific concern for me regarding the potential views from these
habitable -room windows towards No. 19.
The concern is particularly relevant because the row containing Houses 31 and 32 is
positioned approximately perpendicular to my boundary, while my boundary is angled. The
relevant part of the development site is also at a higher level than my garden.
As demonstrated by the photographs submitted below, from the area corresponding to the
proposed location of Houses 31 and 32 there is already a substantial view along the length
of my garden.
I am not asking the Board to assume that overlooking occurs simply because the houses
contain habitable -room windows. I am asking that the actual sightlines from the proposed
windows are assessed, taking account of the proposed positions of the houses, their
orientation, the angled boundary, the difference in ground levels and the resulting views
towards the private garden of No. 19.
I also ask that the assessment is not confined to Houses 31 and 32 individually, but
considers the relationship of the wider row of Houses 31-35 with No. 19.
6. Actual Sightlines Demonstrated by the Photographs
The photographs above were taken from the existing boundary in the area corresponding to
the proposed location of the row containing Houses 31 and 32.
The first photograph shows the view from this side of the boundary. The second photograph
is taken from the same location looking back along the garden.
Together, they demonstrate that from this higher part of the site there is currently a clear
view along a substantial length of the private garden of No. 19.
I recognise that the existing view does not, by itself, establish what the view would be from
the completed development. However, it demonstrates the importance of assessing the
proposed sightlines having regard to the actual levels, orientation and position of the
proposed houses.
I therefore respectfully ask the Board to assess the likely views from the proposed
habitable -room windows of Houses 31 and 32 using the submitted drawings, proposed
levels and actual relationship with the boundary of No. 19.
7. Overall Impact on No. 19
I ask the Board to consider the cumulative effect of the various elements of the amended
development rather than considering each issue separately.
In particular, the impact on No. 19 arises from the combination of:
o the change in the northern section of the development;
o the removal of the single -storey House 45;
o the retention of two -storey Houses 42-44;
o the apparent change in their position in relation to the northern boundary;
o the requirement under Condition 8 for further separation;
o the absence of a specified extent of that further separation;
o the difference in ground levels between the development site and my house and
garden;
• the resulting apparent height of the proposed houses;
• the position and orientation of Houses 31-35;
• the potential views from habitable -room windows;
• the angled relationship between the row of houses and my boundary; and
• the long sightline towards the private garden of No. 19 demonstrated by the
photographs.
Taken together, these matters give rise to concerns regarding the residential and visual
amenity and privacy of No. 19.
I respectfully ask the Board to assess the development from the perspective of the existing
dwelling and its actual relationship with the proposed development, rather than considering
the individual components in isolation.
I also remain concerned about surface -water drainage because of the levels of the site and
the proximity of a watercourse.
I note the drainage and environmental conditions attached to the permission. However, I ask
that the final site levels and drainage arrangements ensure that surface -water runoff does
not adversely affect my property or the adjoining watercourse.
9. Conclusion and Request
I respectfully submit that the amended development creates a materially different
relationship with No. 19 from that originally proposed.
The removal of House 45 did not, in itself, resolve the residential amenity concerns arising
from the northern section of the development, as Houses 42-44 remain as two -storey
dwellings in this area and Condition 8 requires their further separation from the northern
boundary.
However, the permission does not establish the extent of that further separation or show the
resulting final relationship with No. 19. This makes it difficult to assess the eventual impact of
the development, particularly when the difference in ground levels and the height of the
proposed two -storey dwellings are taken into account.
There is also a separate concern regarding potential overlooking from Houses 31 and 32.
These appear to have habitable -room windows including bedrooms, and with the higher
ground, orientation of the row and angled boundary create potential sightlines towards a
substantial part of the private garden of No. 19. I respectfully ask that these actual sightlines
be specifically assessed rather than relying solely on a general assessment of the
development.
I therefore respectfully request that the Board give specific consideration to the residential
and visual amenity and privacy of No. 19, having regard to the actual amended layout,
proposed levels, building positions, heights, windows and sightlines.
I therefore request that An Coimisit n Pleanala:
1. Overturn the decision of Monaghan County Council and refuse permission for
Planning Ref. 25/60489.
Alternatively, if the Board is not minded to refuse permission:
2. Require substantial amendments to the northern part of the development to
satisfactorily resolve the residential and visual amenity impact on No. 19, including
the position, levels, height and separation of Houses 42-44.
3. Require the potential overlooking from Houses 31 and 32 to be specifically
assessed using the proposed first -floor bedroom windows, finished levels and actual
sightlines to No. 19.
4. Ensure that the final approved layout provides a clear and demonstrably acceptable
relationship with No. 19 rather than leaving this material aspect of the development to
an unspecified future amendment.
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THIS IS AN IMPORTANT DOCUMENT
KEEP THIS DOCUMENT SAFELY, YOU WILL BE REQUIRED TO PRODUCE THIS
ACKNOWLEDGEMENT TO AN COIMISIUN PLEANALA IF YOU WISH TO APPEAL THE
DECISION OF THE PLANNING AUTHORITY. IT IS THE ONLY FORM OF EVIDENCE
WHICH WILL BE ACCEPTED BY AN COIMISIUN PLEANALA THAT A SUBMISSION OR
OBSERVATION HAS BEEN MADE TO THE PLANNING AUTHORITY ON THE PLANNING
APPLICATION.
Monaghan County Council
PLANNING APPLICATION REFERENCE No: 2560489
A submission/observation in writing, has been received from Damian Murphy on 06/01/2026
in relation to the above planning application.
The appropriate fee of €20 has been paid. (Fee not applicable to prescribed bodies)
The submission/observation is in accordance with the appropriate provisions of the Planning
and Development Regulations 2001 and will be taken into account by the planning authority
in its determination of the planning application.
Yours faithfully,
Monaghan County Council