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An Bord Pleanála Ref.: PL03.228234 An Bord Pleanála Inspector’s Report Development: Application for house at Leamaneh North, Kilfenora, Co. Clare. Planning Application Planning Authority: Clare County Council Planning Authority Reg. Ref.: D07/2910 Applicant: Margaret Healy Type of Application: Permission Planning Authority Decision: Refuse Permission Planning Appeal Appellant(s): Margaret Healy Type of Appeal: First Party Observers: None Date of Site Inspection: 27 th June 2008 Inspector: Kenneth Moloney PL03.228234 An Bord Pleanala Page 1 of 11 SITE DESCRIPTION The subject site is situated approximately 4.75 km east of Kilfenora on the R476. The appeal site is situated to the north of the public road and the site is situated immediately to the east of an existing single storey house. The appeal site is situated approximately 350 metres west of Leamaneh Castle and there are two houses between the castle and the appeal site. The size of the site is 0.245 ha (0.605 acres) and the shape of the site is approximately rectangular. The site is currently overgrown with vegetation and the front and rear boundary of the site consists of a natural stone wall. There is an existing power line that transverses the front of the site. There is a single storey derelict structure located to the front of the site and there is mature vegetation situated in the south east corner of the site. The gradient of the site slopes upwards from the front of the site to the rear. On the day of the site inspection there was no evidence of drainage problems on the site. Although some fields located on the opposite side of the road contain marshy features. Leamaneh Castle can be seen from the appeal site. PROPOSED DEVELOPMENT The proposed development is for a single storey detached dwelling, a detached garage and a sewage treatment system. The proposed dwelling is a 4-bedroom house with floor plan consisting of living space and 1-bedroom at ground floor level and three bedrooms at attic floor level. The total floor area of the proposed house is 186 sq. metres and two bedrooms at attic floor level are ventilated by gable windows and bedroom no. 3 is ventilated solely by velux roof windows. The front of the proposed house is approximately 13.75 metres in length and the ridge height is 6.75 metres above the ground level. The proposed finish consists of painted nap and dark grey slate roof slates. The porch area to the front and the two side extensions are finished in local limestone. The detached single storey garage has a floor area of approximately 34 sq. metres. PLANNING AUTHORITY’S DECISION The Planning Authority decided to refuse permission and the reasons for refusal are summarised as following; 1. The site is located in open countryside, in an area designated as a Vulnerable Landscape in the 2005 – 2011 Clare County Development Plan where it is the policy of the planning authority, as set out under Policy CDP 68 to permit, subject to site suitability, a single house for the permanent occupation and housing needs of local persons where it can be PL03.228234 An Bord Pleanala Page 2 of 11 demonstrated that they are built to a high quality of design and the sitting and layout do not result in significant adverse impacts on the character, integrity or uniformity of the landscape. The Council considers that the applicant does not comply with the policies as set out in Housing Outside Settlements Section of the Plan. Accordingly the proposed development would materially contravene the objectives of 2005 – 2011 Clare County Development Plan and would be contrary to the proper planning and sustainable development of the area. 2. It is the policy of the Planning Authority, as set out in CDP22 of the 2005- 2011 Clare County Development Plan, to prohibit development requiring direct access onto specified major routes except in certain exceptional circumstances. The proposed development would result in direct access onto such a route and would, therefore, materially contravene this policy and adversely effect the use of a major route by reason of traffic hazard. 3. It is considered that the proposed development would result in an unacceptable risk of pollution to groundwater. 4. The planning authority is not satisfied that the proposed development would not interfere with the archaeological setting, would not injure or interfere with an historical monument, Leamaneh Castle, or the policies of the County Development Plan 2005 – 2011. 5. The site is located in an area designated as Visually Vulnerable and adjacent to a designated Scenic Route where it is the policy of the Planning Authority under CDP 46 of the Development Plan to only permit proposals for development in vulnerable landscapes, of the highest quality in terms of sitting and design and where the development will not adversely impact to a significant extent upon the character, integrity or uniformity of the landscape and where the view towards or from sites of archaeological interest is not significantly impinged upon. In addition, development seeking to locate onto designated Scenic Routes as per CPD 51 must demonstrate that no adverse obstruction or degradation of views towards and from neither visually vulnerable archaeological features; nor significant alterations to the appearance or character of these areas will occur as a result. By reason of location height and scale, the proposed development would be in conflict with these objectives and would be visually intrusive in the landscape. Internal Reports: There are 2 internal reports on the file: • Conservation Office: The proposal would seriously impact on local recorded monuments, both visually and archaeologically and would be unsympathetic to the setting of the area. • Area Engineer: Concerns regarding the proposed access onto regional road and surface water runoff from the site. PL03.228234 An Bord Pleanala Page 3 of 11 Objections / Submissions : There are no objections to the proposed development, however there is a submission from An Taisce who have concerns regarding policy, design, water management and traffic safety. GROUNDS OF APPEAL Grealish Glynn & Associates, Architectural Consultants, lodged an appeal on behalf of the applicant Margaret Healy. The main grounds of appeal are summarised as relating to the following; - • The appellant submits that they would comply with Policy H3 of the Local Area Plan. In this regard the appellant refers the Board to Paragraph 27 of Chapter 6 of the LAP. • The appellant claims that they have family connections with the local area and that their family members have been living in the area for more than 10 years. • The appellant refers to the Sustainable Rural Housing Guidelines which recognises the rights of returning emigrants who lived substantial parts of their lives in the rural area and now wish to return to this area. • It is stated that the applicant complies with CDP22 of the Development Plan. • The sightlines are good in both directions and this is recognised in the local authority planners report. • The dwelling is located in the immediate proximity of an existing group of dwellings which is a requirement of CDP22. • The appellant submits, in accordance with the EPA manual for single houses, the ground water protection is R 2 and this is acceptable. • Due to the sloping nature of site the treatment unit and he the soil polishing filter are situated to the front of the site and will have no visual impact on the site. • It is stated that a sand polishing filter can be installed to the waste water treatment system in place of the proposed soil polishing filter. • It is not possible for the proposed development to impact on the views of Leamaneh Castle to the east of the appeal site as there are houses to the west of the appeal site. • It is considered that the dwelling to the east (L.A. Ref. 04/449) of the appeal site is not assimilated to the landscape in terms of screening. • The appellant acknowledges the importance of Leamaneh Castle as a cultural tourist attraction. • The appellant states that if the Board have concerns regarding the impact of the proposed development on archaeological features before any grant of permission the applicant is willing to carry out testing. • There are two existing dwellings and a large existing farm building to the east of the appeal site. • The appellant submits alternative proposals for a more modest design which includes a lower ridge height and omission of the proposed single storey garage to the front of the proposed house. • It is further submitted that the proposed development will demolish a single storey derelict structure to the front which is more of an obstruction on the views of Leameneh Castle than the proposed development. PL03.228234 An Bord Pleanala Page 4 of 11 RESPONSES None PLANNING HISTORY No planning history on the subject site. Relevant planning histories in the area • L.A. Ref. 07-477 – This site is situated to the north of the castle on the Ballyvaughan Road. Outline planning permission refused for a dwelling house for the following reasons (a) unacceptable risk to of pollution to groundwater, (b) Contrary to policy ‘CDP 46 Vulnerable Landscape’ and Policy ‘CDP 51 Scenic Route’, (c) impact on local recorded monument, Lemaneh Castle. No appeal to An Bord Pleanala. • L.A. Ref. 06-555 – This site is situated immediately east of the current appeal site. Planning permission refused for a dwelling house for the following reasons (a) unacceptable risk of pollution to groundwater, (b) impact on local recorded monument, Lemaneh Castle, (c) Contrary to policy ‘CDP 46 Vulnerable Landscape’ and Policy ‘CDP 51 Scenic Route’. This application was subsequently appealed to An Bord Pleanala and refused for the same reason outlined above.

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