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HomeMy WebLinkAbout2660253 - Chief Executives OrderMONAGHAN COUNTY COUNCIL PLANNING AND DEVELOPMENT ACT 2000 (as amended) Chief Executive's Order No: P980-26 Reference Number: 26/60253 Name of Applicant: Rachael McCabe Address: Michael Fitzpatrick Main Street Butlersbridge Co. Cavan H12P2N8 Nature of Application: Planning permission consists of : the change of use and alteration of existing domestic garage, to provide a music school within the existing garage which will include a waiting area, a main teaching room, 2 private teaching rooms, accessible W/C and storage areas. Site works including new car parking area, connection to existing services and all ancillary works Location of Development: Killycoonagh Newbliss Co.Monaghan ORDER: I hereby decide, pursuant to the provisions of the Planning and Development Acts 2000 (as amended) and the Planning and Development Regulations 2001 (as amended) to REFUSE to grant Permission for the above development for the 1 reason(s), set out on the Schedule attached hereto. Adrian Hughes SENIOR PLANNER DATE 26/60253 Rachael McCabe, Killycoonagh, Newbliss, Co.Monaghan 1. Section 15.23 of the Monaghan County Development Plan 2025-2031 sets out requirements for new accesses onto public roads and the intensification of existing accesses, and states that "Proposals requiring works on third party land must be accompanied by a written legal agreement, in accordance with Appendix 13. This legal agreement and accompanying maps shall be signed by all parties and witnessed by a Solicitor". The proposed development accesses onto the Regional Road R-183-5 where visibility splays of 120 metres x 2.4 metres in both directions, at 1.05 metres above ground level, are required. The submitted Site Layout Plan indicates that works to third -party land would be required to achieve the required visibility splays, and in the absence of third -party legal agreements, the applicant has failed to demonstrate that clear and unobstructed visibility splays are achievable and that the proposed development will not result in a traffic hazard. The applicant has failed to clearly demonstrate that the upgrading of an existing sub -standard entrance onto the R-183-5 can be provided in accordance with Section 15.23 of the Monaghan County Development Plan 2025-2031. The proposal is therefore deemed to be unacceptable on road safety grounds, contrary to the Monaghan County Development Plan 2025 2031, and contrary to the proper planning and sustainable development of the area. Adrian Hughes Date Senior Planner