HomeMy WebLinkAbout2660236 - Chief Executives OrderMONAGHAN COUNTY COUNCIL
PLANNING AND DEVELOPMENT ACT 2000 (as amended)
Chief Executive's Order No: P988-26
Reference Number: 26/60236
Name of Applicant: Declan Gartlan
Address: John Butler
Dromard
Killanny
Carrickmacross, Co Monaghan
A81K272
Nature of Application: Permission for development which will consist of a two storey
dwelling house, domestic garage and new waste water treatment unit
and percolation area & new entrance onto public road and all
associated site works
Location of Development: Shanrah
Carrickmacross
Co. 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 7 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
26. oa. • 2b
Date
26/60236 Declan Gartlan, Shanrah, Carrickmacross, Co. Monaghan
(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 applicants 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: In the interest of sustainable development.
2. (a) The developer shall pay to Monaghan County Council a sum of €2511 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) Only that applicable portion of the roadside hedgerow, which must be lowered or
uprooted to provide adequate sight distances, shall be removed.
(b) 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, 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.
Any plant which fails shall be replaced. Trees shall be allowed to mature and shall not
be topped when trimming hedgerows.
(f) Any boundary fencing shall be of stained wood.
Reason: In the interest of visual amenity
4. (a) Prior to any other works commencing, visibility splays of 70m, measured to the
nearside road edge in each direction, shall be provided from a point in the centre of
the lane 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) Measures shall be taken to prevent road surface water from flowing onto the lane
entrance. The discharge from the above drainage shall be piped to an appropriate
drainage pipeline or watercourse.
(e) Provision shall be made for surface water drainage and no surface water shall be
allowed flow onto the lane or public roadway.
(f) Surface water drain(s) shall suitably discharge to the nearest appropriate watercourse
or drainage pipeline. Separate application shall be made to Monaghan County Council
if this requires a road opening licence.
(g) 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.
(h) 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 road/traffic safety.
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 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 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.
Reason: In the interest of public health and environmental protection.
Garage shall be used solely for purposes incidental to the enjoyment of the dwelling house
and not for any industrial, business or commercial purposes.
Reason: To protect the amenity of the area and to prevent unauthorised development.
7. The development shall be carried out strictly in accordance with the plans and documents
submitted on the 05/06/2026 as amended on the 31/08/2026, except as may otherwise be
required in order to comply with the above conditions.
Reason: In the interest of proper planning and sustainable development.
Adrian Hughes
Senior Planner
Date