HomeMy WebLinkAbout2660288 - Chief Executives OrderMONAGHAN COUNTY COUNCIL
PLANNING AND DEVELOPMENT ACT 2000 (as amended)
Chief Executive's Order No: P938-26
Reference Number: 26/60288
Name of Applicant: James Morrow & Michaela Bonner
Address: Elliott Swetak
Pandora
Skervan
Smithboro Monaghan
H18CK61
Nature of Application: Permission to construct a new two -storey dwelling and detached
domestic garage, along with the upgrade of an existing agricultural
entrance, associated piers, proprietary wastewater treatment system,
and percolation area, together with all other associated ancillary site
works
Location of Development: Kilcorran
Smithborough
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.
Adrian Hughes
SENIOR PLANNER
z-6
Date
26/60288 James Morrow & Michaela Bonner Kilcorran, Smithborough, Monaghan.
1
a) The developer shall pay to Monaghan County Council a sum of €2,647.00 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.
2.
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 of the lane, 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 5m 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 5m from boundary and 1:10 (10%) thereafter.
f) 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.
g) 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.
h) 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.
i) 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.
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 08/07/2026 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 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) A French interceptor drain to be placed on the upper side of the proposed on site DWWTS so as to
prevent surface water from entering this area.
f) Proposed well to be located a minimum of 30m upgradient of proposed DWWTS.
Reason: In the interest of public health and environmental protection.
4.
a) Existing mature trees and hedgerow defining the site boundaries shall be permanently retained in
this development. They shall also be reinforced with additional planting as per the submitted
landscaping plan and protected from damage at all times, particularly during building operations.
b) Notwithstanding the submitted landscaping plan, the new site boundaries shall be planted with
native hedgerow species so as to 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 8 (eight) 2-3 year old plants per metre; 250mm
apart, with 300mm between rows.
c) Hedgerow planting, as required, shall be supplemented as per the submitted landscaping plan with
native tree species at irregular intervals. Species shall include ash, oak, sycamore and beech.
d) Planting as required shall be carried out in the first planting season following commencement of
building operations and shall be permanently retained thereafter. Any plant which fails in the first
planting season shall be replaced. Trees shall be allowed to mature and shall not be topped when
trimming hedgerows.
e) Any boundary fencing shall be of stained wood.
Reason: In the interest of visual amenity.
5.
The garage hereby approved shall be used solely for purposes ancillary to the residential dwelling within
the site area, and not for any separate purposes.
Reason: In the interest of orderly development.
6.
A maximum of two external wall finishes shall be utilised.
Reason: In the interest of visual amenity.
7.
a) Ground levels and finished floor levels shall be as detailed on plans submitted to Planning Authority
on 08/07/2026, as amended by additional information on 06/09/2026.
b) 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.
8
The development shall be carried out in accordance with plans and documentation submitted to the
Planning Authority on 08/07/2026, as amended by additional information on 06/09/2026, except as may
otherwise be required in order to comply with the above conditions.
Reason: To ensure a satisfactory standard of development.
Adrian Hughes
Senior Planner
Date