HomeMy WebLinkAbout2560383 - Appeal DecisionOur Case Number: PL -501454 -MN -26
Planning Authority Reference Number: 2560383
Planning Department
Monaghan County Council
Council Offices
No.1 Dublin Street
Monaghan
Co. Monaghan
Date: 2 2 SEP 2626
X3;,•.20
26
Re: Retention of house and all associated site works.
Mulladuff, Smithborough, Co. Monaghan.
Dear Sir/Madam,
'ON
An
Coiinisiun
Pleanala
An order has been made by An Coimisit n Pleanala determining the above -mentioned matter
under the Planning and Development Act 2000, as amended. A copy of the order is enclosed.
In accordance with section 146(5) of the Planning and Development Act 2000, as amended,
the Commission will make available for inspection and purchase at its offices the documents
relating to any matter falling to be determined by it, within 3 days following the making of its
decision. The documents referred to shall be made available for a period of 5 years, beginning
on the day that they are required to be made available. In addition, the Commission will also
make available the Inspector's Report, the Direction and Commission Order in respect of the
matter on the Commission's website (www.pleanala.ie). This information is normally made
available on the list of decided cases on the website on the Wednesday following the week in
which the decision is made.
The Public Access Service for the purpose of inspection/purchase of file documentation is
available on weekdays from 9.15am to 5.30pm (including lunchtime) except on public holidays
and other days on which the office of the Commission is closed.
Yours faithfully,
Rory Kelledy
Executive Officer
BP100PAN Enclosures
Tell Tel (01) 858 8100
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I
An
Coimisiun
Pleanala
Commission Order
PL -501454 -MN -26
Planning and Development Act 2000, as amended
Planning Authority: Monaghan County Council
Planning Register Reference Number: 2560383
Appeal by Phelim Mac Elwain against the decision made on the 5t" day of
May 2026, by Monaghan County Council to grant, subject to conditions, a
permission to Margaret Keenan in accordance with plans and particulars
lodged with the said Council.
Proposed Development: Retention of single storey modular type dwelling
house located behind the existing streetscape, lowering of ground levels and
embankments, connection to public foul sewer via existing foul network and all
associated site works, boundary fencing and continued use of existing
vehicular entrance/exit to public road via right of way the completion of the
development shall consist of new entrance steps and guarding to dwelling,
new raised deck/patio with accessible ramp and all guarding, new 1.2 metre
high timber palisade fencing to the front boundary and all associated site
services, landscaping and planting works at Mulladuff, Smithborough, County
Monaghan as revised by the further public notices received by the planning
authority on the 9th day of April 2026, which included the submission of a
revised roof plan pitch of main modular dwelling and revised elevational
treatment to external walls of modular dwelling.
PL -501454 -MN -26 An Coimisiun Pleanala
Page 1 of 3
Decision
REFUSE permission for the above proposed development in accordance
with the reasons and considerations set out below.
Reasons and Considerations
Having regard to the Objective TWP 1 of Monaghan County Development
Plan 2025-2031 which seeks to minimise the loss of trees and hedgerow
associated with any development proposal and to encourage the retention of
mature trees and hedgerows in new developments, it is considered that it has
not been satisfactorily demonstrated in the documentation lodged at
application and appeal stages that the proposed development and
development proposed to be retained, by reason of the extent of lowering of
the previously existing ground level, absence of detail for the stabilisation and
retention of circa 5.5 metre high embankment, tree root protection and/or
compensatory planting of native tree species, that the development proposed
to be retained would accord with Objective TWP 1, and would, therefore, be
contrary to the proper planning and sustainable development of the area.
In deciding not to accept the Inspector's recommendation to grant permission,
the Commission did not share the view of the Inspector that the development
proposed to be retained would be an acceptable form of development in a
rural area, that it would not adversely impact the character of the area or that
it would not seriously injure the environmental, visual or residential amenities
of the area. The Commission considered that it had not been satisfactorily
demonstrated that the existing prefabricated modular building would accord
with Objective RSDP1 or that it could be upgraded and refurbished to accord
with Table 15.3 'Guidelines for Siting and Designing a Rural House in the
Vernacular Style', in terms of form, layout, roof pitch and materials, roof to wall
proportion, fenestration design and material finishes, and further noted that
RSDP1 states that sites requiring excessive excavation, filling and/ or removal
PL -501454 -MN -26 An Coimisiun Pleanala Page 2 of 3
filling and/ or removal of natural vegetation should be avoided. The
Commission also considered that the development proposed to be retained
constituted backland development and therefore had regard to Section 15.2.5
Backlands Sites which states inter alia that piecemeal developments of
individual plots will generally not be permitted unless it is satisfactorily
demonstrated that any proposed development shall not compromise the
comprehensive redevelopment of adjoining sites. Although, ordinarily, these
issues would warrant further consideration and a request for further
information, in this instance given the substantive reason for refusal above, it
was decided not to pursue these matters under the current appeal.
,.. I 'p
SI
Planning Commissioner of An Coimisiun
Pleanala duly authorised to authenticate
the seal of the Commission.
Dated this 21day of ��� ' 2026
PL -501454 -MN -26 An Coimisiun Pleanala Page 3 of 3