HomeMy WebLinkAbout2666 - Chief Executives OrderMONAGHAN COUNTY COUNCIL
PLANNING AND DEVELOPMENT ACT 2000 (as amended)
Chief Executive's Order No: P932-26
Reference Number: 26/66
Name of Applicant: Brendan Keenan
Address: Noel McGahon
Essexford
Dundalk
Co. Louth
Nature of Application: Permission to construct a bungalow type dwelling house, a domestic
waste water treatment system, a new site entrance with all associated
site development works
Location of Development: Annahaia
Donaghmoyne, Carrickmacross
Co. Monaghan
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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.
Adrian Hughes
SENIOR PLANNER
Date
26/66 Brendan Keenan Annahaia, Donaghmoyne, Carrickmacross, Co. Monaghan.
1.
a) The proposed dwelling when completed shall be occupied as the place of residence of the
applicant, members of the applicant's immediate family or their heirs and shall remain so occupied
for a minimum period of seven years thereafter, unless consent is granted by the Planning
Authority for its occupation by other persons who belong to the same category of housing need as
the applicant.
b) Before development commences, the applicant shall enter into an agreement with the Planning
Authority, pursuant to Section 47 of the Planning and Development Act 2000, providing for the
terms of the occupancy requirement.
c) Within two months of the occupation of the proposed dwelling, the applicant shall submit to the
Planning Authority, a written statement of confirmation of the first occupation of the dwelling in
accordance with paragraph (a) and the date of such occupation.
d) This condition shall not affect the sale of the dwelling by a mortgagee in possession or by any
person deriving title from a sale.
Reason: To ensure that development in this rural area is appropriately restricted in the interest of
the proper planning and sustainable development of the area.
a) The developer shall pay to Monaghan County Council a sum of €1270 in accordance with the
General Development Contribution Scheme 2021-2026 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.
a) Prior to any other works commencing, visibility splays of 50m, 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) 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.
c) 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.
d) 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.
e) 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 Sm from boundary and 1:10 (10%) thereafter.
f) French drain consisting of 300mm diameter concrete pipes backfilled to ground level with suitable
granular filter material shall be placed along full site frontage. Drain shall discharge to the nearest
appropriate watercourse or drainage pipeline. Suitable gullies shall be placed at start, end and
intersection of other drains and at not greater than 40m intervals. Separate application shall be
made to Monaghan County Council if this requires a road opening licence.
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.
4.
a) Only that applicable portion of the roadside hedgerow, which must be lowered or uprooted to
provide adequate sight distances, shall be removed.
b) Remaining mature trees and hedgerow defining the site boundary shall be permanently retained
in this development. They shall also be reinforced with additional planting as per the submitted
landscaping details and protected from damage at all times, particularly during building
operations.
c) Notwithstanding the submitted landscaping details, any new site and roadside boundaries shall be
planted with native hedgerow species so as to ultimately form naturalised hedgerows similar to
existing hedgerows in the vicinity. Predominant species shall be whitethorn, with blackthorn, hazel
and holly also included. Planting shall be in a double staggered row with eight 2-3 year old plants
per metre; 250mm apart, with 300mm between rows.
d) Hedgerow planting, as required, shall be supplemented as per the submitted landscaping details
with native tree species at irregular intervals. Species shall include oak, sycamore and beech.
e) Planting as required shall be carried out in the first planting season following commencement of
building operations and shall be permanently retained thereafter.
f) Any plant which fails shall be replaced. Trees shall be allowed to mature and shall not be topped
when trimming hedgerows.
g) Any boundary fencing shall be of stained wood.
Reason: In the interest of visual amenity.
5.
a) The proposed effluent treatment and disposal system shall be. located, constructed and
maintained in accordance with the details submitted and in accordance with the requirements of
the document entitled Environmental Protection Agency Code of Practice - Domestic Wastewater
Treatment Systems (population equivalent ≤ 10), 2021. No system other than the type proposed in
the application shall be installed without theprior 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 three years, shall be
submitted to, and agreed in writing with the Planning Authority within two 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 the first occupation of the dwelling, 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.
e) Proposed well shall be located a minimum of 30m uphill of proposed on -site wastewater
treatment system.
Reason: In the interest of public health and environmental protection.
Ground and finished floor levels shall be as per the plans submitted. Any facilitating cut and/or fill shall
be graded to a natural contour to reflect the existing topography of the area.
Reason: In the interests of visual amenity and securing a satisfactory standard of development.
7.
The attic space area as indicated on the submitted plans shall be used for storage only and shall not be
used as additional habitable rooms.
Reason: To secure a satisfactory/appropriate design standard.
8.
The development shall be carried out in accordance with the plans and documents submitted on the
21/07/2026, except as may otherwise be required in order to comply with the above conditions.
Reason: In the interest of proper planning and sustainable development.
` 1
Adrian Hughes
Senior Planner
ILk Z�
Date