An Bord Pleanála
Inspector’s Report
Development: House and on site wastewater treatment system.
Location: Srahgraddy, Bangor Erris, Ballina, Co Mayo
Planning Application
Planning Authority: Mayo County Council
Planning Authority Reg. Ref.: 14/311
Applicant: David Cuffe
Type of Application: Permission
Planning Authority Decision: Grant Permission
Planning Appeal
Appellant: National Roads Authority
Type of Appeals: 3rd v Grant
Date of Site Inspection: 5th February 2015
Inspector: Dolores McCague
PL 16.244204 An Bord Pleanála Page 1 of 22 1 SITE LOCATION AND DESCRIPTION
1.1 The site is located in the townland of Srahgraddy, 1.2km south of Bangor Erris, Ballina, Co Mayo. The site is separated from the town by the River Owenmore which is crossed by two bridges: one across the main channel and a second nearer the site crossing a smaller channel. The site is situated between the road and the river which is close to the rear of the site.
1.2 The site fronts onto the N59 National Secondary route, at a point were the maximum speed limit applies, with an access off a short private access road leading to an existing farmhouse. The access to the site is approx. 5m from the junction of the private driveway and the N59.
1.3 The site is located between a modern bungalow on the Bangor Erris side (north-east) and a farmhouse and outbuildings on the Mulranny side, set further back from the public road than the subject site. Both adjoining dwellings appear to be occupied. On the opposite side of the N59, an area of bogland, which is part of the Owenduff / Nephin SAC/SPA, slopes upwards from the road. The subject site is approx. 2m below road level. The site of the modern bungalow to the north- east is at road level and has been raised by filling.
1.4 Erris is a small town with two modern housing estates and a recently constructed wastewater treatment system; which can be seen on the OS aerial photograph of 2005. The Kiltane GAA clubhouse and pitch is located on the opposite side of the N59 close to the subject site and is accessed from both the N59 and a local road. The speed limit for the settlement of Bangor Erris is located to the north of the Kiltane GAA club access. Kiltane GAA club appears to play a central role in the community and the club is currently All Ireland Intermediate Championship runners up.
1.5 The site is given as 0.407ha.
2 PROPOSED DEVELOPMENT
2.1 The proposed development is the construction of a dormer dwelling house, detached domestic garage, packaged treatment system and
PL 16.244204 An Bord Pleanála Page 2 of 22 raised polishing filter, all other ancillary site works and services. . The proposal will involve raising the ground level. The proposed floor level is stated as 99.80m, existing ground level at this location is 98.282; levels are relative to 100m at the existing road entrance.
2.2 The house is stated to have a floor area of 250 sq. m., and the garage a floor area of 50 sq. m. The height of the proposed dwelling to ridge is 7.22m.
2.3 The water supply will be from the public mains
3 PLANNING AUTHORITY DECISION
3.1 Application lodged 26th June 2014.
3.2 Reports.
3.3 Roads Design Office
Recommending refusal 1) unimproved section of National Secondary Road where the maximum speed limit applies, would endanger traffic safety; 2) precedent would reduce capacity; and recommending a number of conditions should permission be granted, including removal of existing road boundary fence and replacement along the line of the adjacent house. Entrance to be at the mutual boundary with the adjacent family home.
3.4 Planning report
A report from the Acting Senior Executive Planner, 8/8/14, recommends refusal of permission for three reasons: 1) contrary to policy regarding controlling access to national roads; 2) traffic safety; 3) high winter water table and unsuitability of the site for on-site treatment of wastewater.
3.5 The period for considering the application extended to 19th November 2014.
PL 16.244204 An Bord Pleanála Page 3 of 22 3.6 Letter submitted from the applicant, 10/10/14, stating that he has recently returned from Australia and that he wishes to build a house on family lands. It was his late grandmother's wish that he would return to work the land, and build a house. It is his intention to work the land with his uncle. He is an active member of the local community and plays football with the local club Kiltane, helping them to reach the all-Ireland final in 2013.
3.7 A report from the Senior Planner, 4/11/14, recommending a grant of permission based on: structurally weak area; applicant was given the site by his grandmother and has no other suitable lands; applicant proposes to utilise an existing residential & farm access; the proposed access point meets the development plan criteria for sight visibility and is safe in terms of visibility and alignment; the road fronting the site is a National Secondary Route, the N59, and is restricted road under Section 4.2.6 of the County Development Plan 2008-2014 but is lightly trafficked. Policy P/ED-A 1 to support the sustainable development of agriculture, is quoted in this regard. The report states that a greater weight can be given to this policy, in the circumstances.
3.8 Submissions – Prescribed Bodies
3.9 NRA , 14/7/14, the proposal is at variance with official policy; it would result in the intensification of an existing direct access to a national road contrary to official policy in relation to control of frontage development on national roads.
3.10 There are no observations on the file.
4 PLANNING HISTORY
001335 Oliver O'Boyle 22/05/2000 dwelling house and septic tank permission granted; existing dwelling to north-east.
01 1690 Patrick O'Boyle 18/07/2001 dwellinghouse and septic tank with puraflo system withdrawn (opposite side of the N 59, NPWS and IFI were consultees).
PL 16.244204 An Bord Pleanála Page 4 of 22 5 GROUNDS OF APPEAL
5.1 A third party appeal has been submitted by the National Roads Authority, which includes:
5.2 The proposed development is facilitated by a direct access to the N59 at a location where a 100kph speed limit applies.
5.3 The authority considers that the development would be at variance with official policy to preserve safety, the level of service and carrying capacity of national roads and to protect the public investment in such roads as outlined in the Spatial Planning and National Roads Guidelines for Planning Authorities (DoECLG, 2012).
5.4 Policy P/ED-A 1 appears to relate to agriculture and agricultural diversification as opposed to rural residential development. The reference is to the Mayo CDP 2008-2014 and not the current plan.
5.5 It is not known if there are other lands available on the landholding that do not access the national road network at the location where the 100kph speed limit applies, or if there is any opportunity to use the existing house indicated on the submitted site layout plan as the applicants grandmothers dwelling as alternatives to a proposed development that, in the opinion of the Authority is at variance with official policy and raises significant road safety concerns.
5.6 A continuous white centreline road marking applies.
5.7 In the Spatial Planning and National Roads Guidelines for Planning Authorities (DoECLG, 2012) – the policy in relation to lands adjoining national roads with speed limits greater than 60kp, is to avoid the creation of any additional access point from new development or the generation of increased traffic from existing accesses to national roads.
5.8 The provision of a new house would increase traffic movements and be at variance with policy.
5.9 Road accident statistics demonstrate that accesses and the turning movements generated are a prime cause of road accidents. The road
PL 16.244204 An Bord Pleanála Page 5 of 22 safety strategy 2013-2020 sets down a target of reducing the number of accesses onto national roads by 5% by 2020.
5.10 CDP policy is referred to.
5.11 CDP objective RD-01 outlines the objective to protect the capacity and safety of the national Road Network, complying with the Spatial Planning and National Roads Guidelines for Planning Authorities. No new accesses or development that generates increased traffic from existing accesses outside the 60kph speed limit will be permitted unless the development is considered to be of strategic importance.
Per Spatial Planning and National Roads Guidelines for Planning Authorities (DoECLG, 2012) - extensions to and or domestic garages for existing occupied vacant permitted dwellings and replacement of occupied vacant dwellings along National Roads will be considered. In such cases the existing access may require upgrading where it is found to be substandard.
The council are currently considering a variation to the plan which addresses section 16.1.2. 1
5.12 The Authority has not agreed on exceptional circumstances.
5.13 The proposed development by itself and the precedent it would endanger traffic safety and interfere with the free-flow of traffic.
5.14 The grounds cites statistics to demonstrate the importance of national roads.
6 RESPONSES
6.1 The Planning Authority
1 16.1.2 is quoted on page 16 of this report.
PL 16.244204 An Bord Pleanála Page 6 of 22 6.2 The Planning Authority has responded to the grounds appeal, which includes:
6.3 The Council is bound by various national guidelines and development plan policies which are often conflicting and competing with each other. In the Sustainable Rural Housing Guidelines it is stated that planning authorities should recognise the importance of encouraging development needed to sustain and renew established rural communities. In structurally weak areas the Guidelines refer to the need to accommodate any demand for a permanent residential development subject to good planning practice.
6.4 The village of Bangor Erris has seen only a marginal increase in population from 262 in 1991 to 293 in 2011.
6.5 It falls into the category of a crossroad type settlement, structurally weak area of the in accordance with the provisions of the Sustainable Rural Housing Guidelines, box 3, p53. The Sustainable Rural Housing Guidelines statement that no new development should be permitted onto national routes is contradictory to maintaining rural population when no alternative road access is possible.
6.6 The County Development Plan provisions referred to are:
in volume 1 AG-01 It is an objective of the Council to support the sustainable development of agriculture, with emphasis on local food supply and agriculture diversification (e.g. agri‐business and tourism enterprises) where it can be demonstrated that the development will not have significant adverse effects on the environment, including the integrity of the Natura 2000 network, residential amenity or visual amenity. RD-01 It is an objective of the Council to protect the capacity and safety of the National Road Network (listed in Appendix 4) in the County and ensuring compliance with the Spatial Planning and National Roads Planning Guidelines (January 2013). in volume 2 2.3.2 In areas classified as Structurally Weak Areas (see Appendix 9 Rural Area Types Map) permanent residential development (urban and rural generated) will be accommodated, in particular special consideration will be given to the provision of
PL 16.244204 An Bord Pleanála Page 7 of 22 housing in rural areas that have sustained population loss since 1951, subject to good planning practice.
6.7 The Spatial Planning and National Roads Guidelines (2012) recognise in principle that lightly trafficked sections of national secondary routes can accommodate development and the proposed development complies with the exceptional circumstances set out in Section 2.6 of the Guidelines.
6.8 Mayo County Council had inserted an amendment to the draft development plan which would put in train the procedure for dealing with lightly trafficked secondary routes. ‘No new accesses or development that generates increased traffic from existing accesses onto National Roads outside the 60km/hr speed limits of such roads shall be permitted in accordance with the provisions of Section 2.5 of the DoECLG Spatial Planning and National Roads Guidelines. A less restrictive approach to this policy may apply to development considered to be of national or regional strategic importance and in accordance with Section 2.6 Spatial Planning and National Roads 2012 (DoECLG). Exceptions are required to be identified for incorporation in to the Development plan and the Council will undertake a survey to identify such sites and agree cases in consultation with the NRA where ‘exceptional circumstances’ will apply in accordance with the provisions of Section 2.6 of the DoECLG Guidelines. Such exceptions may also include extensions to existing permitted developments along National Roads. In such cases the existing access may require mitigation measures and upgrading where it is found to be substandard.’
The amendment was rejected by the elected members.
6.9 Section 2.6 of the Guidelines is contradictory. It states that a less restrictive approach is dependent on the type of development that is considered of national and regional strategic importance and the location meets the specific characteristics of the development proposed. Therefore it is not possible to identify stretches of the National Road network for new developments considered of National or Strategic Importance, as such developments are not yet planned.
PL 16.244204 An Bord Pleanála Page 8 of 22 6.10 In relation to alternative sites, the application was the subject of extensive pre-planning consultation with the Senior Planner in 2012 as referred to in the Senior Planner’s report.
6.11 It was stated that the site was an inheritance and that the applicant had no alternative site. Mayo County Council was satisfied that the applicant had no alternative site suitable for the construction of a dwelling.
6.12 Mayo County Council does not consider that the proposed development is inconsistent with the development plan as this section of the road is lightly trafficked and the applicant currently travels from Bangor Erris to the farm. By eliminating the need for traffic trips through the village to the farm the proposed development does not impact on the carrying capacity of the road.
6.13 The Council’s Roads Design Section is satisfied that there will be adequate sight visibility in both directions, and that the vertical and horizontal alignment, and carriageway width are all to a safe and acceptable standard.
6.14 The reasons for refusal cited by the Roads Design Section refer to additional traffic and precedent. Rather than create additional traffic the development will reduce trips. The development is directly related to the farm and would not set a precedent for urban generated housing.
6.15 The NRA’s data on road collisions indicated that there have been no serious collisions on that stretch of the N59; of 10 minor collisions, 5 were in the village itself, none were in the vicinity of the site.
6.16 Reference has been made to the report ‘Infrastructure and Capital Investment 2012-2016: Medium term Exchequer Framework’ and the priority to ensure adequate maintenance of the national road network in order to protect the value of previous investment in infrastructure. There has been little or no investment in this stretch of the N59 over the past 10 years.
6.17 The planning authorities decision is based on being consistent with the policies of the CDP, the applicant has no viable alternative site option, the N59 is lightly trafficked at this location, the applicant is actively farming and travels through the village where there are a number of recorded collisions, the development would eliminate a significant
PL 16.244204 An Bord Pleanála Page 9 of 22 number of traffic trips to /from the applicant’s place of work. Road safety will not be compromised. In face of conflicting objectives, on balance, the council gives greater weight to the objectives aimed at reducing population decline in an identifiable and established rural community, the objectives relating to the development of agriculture with the applicant taking over the farm and providing a safer farm access.
6.18 The planning authority points out the similarities with PL16.234000 granted by the Board.
6.19 First Party
6.20 Stephen Dowds Associates, Town Planning Consultants, has responded to the grounds appeal, on behalf of the first party, which includes:
6.21 Mr Cuffe is a local person seeking to build a dwelling for his own use on land the property of his uncle - Mr Oliver O’Boyle. Mr Cuffe will be farming the lands with his uncle. The old dwelling on the farm was the home of his grandmother and is now the property of a second uncle Mr Sean O’Boyle. The existing new dwelling beside the site to the east is the home of his uncle Oliver O’Boyle. Access the proposed house is by way of an existing laneway and entrance which opens onto the N59. The laneway serves as an access to the farm and to the old cottage.
6.22 Government policy on access to national roads is restrictive but not an outright ban. Spatial Planning and National Roads Guidelines for Planning Authorities, 2012 (SPNRG) sets out policy with regard to national roads for the purposes of planning, and is relied on by the NRA in its appeal. The document states that ‘the policy of the planning authority will be to avoid the creation of any additional access…It is not an absolute ban. Exceptional circumstances are set out in section 2.6. A less restrictive approach may also apply to areas where additional development may require new accesses to certain lightly-trafficked sections of national secondary routes. Such areas would be confined to lightly trafficked national secondary roads serving structurally weak and remote communities where a balance needs to be struck between the important transport functions of such roads and supporting the social and economic development of these areas. In such areas, policies in development plans permitting new accesses to national secondary roads may be considered acceptable where the following criteria apply:
PL 16.244204 An Bord Pleanála Page 10 of 22 • Traffic volumes are low and are forecast to remain below 3,000 AADT (as verified by the NRA) for the next 20 years; • There is no suitable alternative non-national public road access available; • The development otherwise accords with the development plan, and • Safety issues and considerations can be adequately addressed in accordance with the NRA’s Design Manual for Roads and Bridges.
6.23 The first party submission includes a traffic survey report and a stage 1 road safety Audit. An AADT of 802 has been calculated. This is the only site available. It conforms to County Development Plan requirements. The design and sight lines at the access have been addressed in the road safety Audit and have been found to be satisfactory. The exceptions (2.6) apply.
6.24 The submission cites provisions of the County Development Plan: RD‐01 the objective to protect the capacity and safety of the national road network (referred to above).
The restriction on new access or development on national roads in section 16.1.2 of volume 2 of the plan:
No new accesses or development that generates increased traffic from existing accesses onto National Roads outside the 60km/hr speed limits such roads shall be permitted unless the development is considered to be of national or regional or domestic strategic importance and in accordance with 2.6 Spatial Planning and National Roads 2012 (DoECLG). Extensions to, and/or domestic garages for, existing occupied vacant permitted dwellings and replacement of occupied vacant dwellings along National Roads will be considered. In such cases the existing access may require upgrading where it is found to be substandard.
6.25 The proposed amendment to the County Development Plan, still provides for the exceptions in 2.6 of SPNRG. These are references to the current adopted plan or variations.
6.26 2.6 of SPNRG requires the council to agree exceptional circumstances with the NRA which their appeal submission states has not been done; they are a prescribed body and have been notified of the making of a draft plan or variation, but have given no indication of their objections.
PL 16.244204 An Bord Pleanála Page 11 of 22 6.27 Road safety – the importance of the national road network is not contested and it is accepted that this has led to restrictive policies. However this is not a blanket ban. The issue of the safety of the access is addressed in the accompanying reports. The traffic survey notes the need for sight lines of 171.5m to south and 161m to north. There is a small shortfall to north. This is addressed in the road safety analysis which recommends ‘providing as level dwell area which also increases the achievable visibility splay from the site access to the north east, to in excess of 3m x 161m, i.e. in excess of the appropriate visibility splay based on the observed 85th percentile speeds..
6.28 The submission states that the improvements to the access will benefit existing users; the existing dwelling is not available to the applicant; the proposal does not create a new entrance and the increase in use will be modest as Mr Cuffe is already using the entrance. Regarding the NRA contention that the proposal conflicts with the target to reduce the number of entrances onto national roads, this is not the case as no new entrance is proposed.
6.29 The report ‘Proposed Dwelling House Srahgraddy, Bangor Erris, Ballina, Co Mayo – Traffic and Speed Survey Analysis Report prepared by TTRSA (Traffic Transport and Road Safety Associates Ltd), includes details of a traffic and speed count, carried out at the site over a 7 day period from 00.00 on Sunday 15th February to 23.59 on Saturday 21st February 2015. During the period 5016 vehicles were recorded, 717 on average, two way, per day. Following the methodology provided in the NRA Project Appraisal Guidelines Units 16.1 and 16.2 ‘methodology for conversion of short duration traffic counts to AADT on National Roads’ a factor of 1.06 was derived. The nearest permanent NRA counter sites are located on the N59 between Newport and Mulranny approx. 37km to the south, and between Crossmolina and Bangor Erris approx. 29km to the east. Comparing the count data to the 2014 AADT for both these counter sites generates an average factor of 1.118 to convert from the count period to AADT. This conversion has been used, 717 x 1.118 = 802, which they state is probably the lowest AADT on the national road network at the present time. Based on the AADT in 2003 and the current AADT, a reduction in traffic of 2.3% or average growth factor of 0.977 is derived. The NRA forecasts that traffic will grow. NRA high growth factors of 1.022 to 2025 and 1.017 after 2025 are used to predict an AADT of 1180 at this location in 2035.
6.30 Traffic speed data is supplied. The mean speed northbound over the survey period was 73,5km/h northbound and 70.3km/h southbound and
PL 16.244204 An Bord Pleanála Page 12 of 22 the 85th percentile speed was 88.2km/h northbound and 85km/h southbound.
6.31 Where actual speeds are known, desirable minimum stopping distances based on the requirements of DMRB can be calculated based on measured 85th percentile speeds. The calculations are set out on pages 5 & 6 of the report and the stopping sight distances are 171.5m to the south for northbound traffic and 161m to the north for southbound traffic.
6.32 The report titled ‘Proposed Dwelling House Srahgraddy, Bangor Erris, Ballina, Co Mayo – Stage 1 Road Safety Audit, Final Report’ prepared by TTRSA (Traffic Transport and Road Safety Associates Ltd) includes reference to the traffic and speed count carried out, NRA traffic collision information as well as the existing site situation and the proposal. The gradient of, in excess of, 10% from the edge of the road carriageway is identified as a risk from vehicles stalling. The recommendation is to provide a level dwell area on the approach to the N59 and re-profile the existing access.
6.33 The proposed entrance gateway is identified as a risk, which may result in vehicles overhanding onto the N59 carriageway. The recommendation is that, if a gate is to be provided as part of the development, it should be positioned to allow vehicles accessing the site clear of the existing entrance prior to opening the gate. Appendix C – Road Safety Audit Feedback Form attached to the report, signed by the applicant, agent and safety audit team leader, states that a cattle grid will be used rather than a gate.
6.34 The vegetation to the west of the proposed entrance, which restricts inter-visibility between road users exiting the existing and proposed accesses (private access road), is identified as a risk, which may result in result in side impact type collision on the existing access. The recommendation is that appropriate inter-visibility is provided between road users exiting from the existing and proposed accesses.
6.35 Third Party
6.36 The NRA, has responded to the responses to the grounds appeal, which includes:
PL 16.244204 An Bord Pleanála Page 13 of 22 6.37 Reference to the Sustainable Rural Housing Guildeines which (3.3.4) support proposals for rural housing for rural generated development but require that policies and objectives of Development Plans should make it clear that direct assess from future development to national roads outside speed limits, should not be permitted. The overarching policy objectives in S2.1 of the Guidelines, is to ensure that the planning system guides development in rural locations in the interests of protecting natural and man-made assets. The authority does not agree that a policy approach to restrict access to national roads in the interests of safeguarding road safety is inconsistent with measures to sustain and support rural communities.
6.38 Government policy to direct proposed development to the non-national road network or to areas on national roads within towns and villages where a reduced 50-60kph speed limit applies is longstanding and is not, in the authorities opinion, contradictory to or inconsistent with a policy to facilitate development in rural locations and to sustain rural communities, having regard to the extensive non-national road network that serves rural areas.
6.39 The N59 national secondary road is perhaps the dominant means of access in north Mayo but access is supported by a wider network of regional and local roads. The N59 represents an important strategic asses to the region.
6.40 The Spatial Planning and National Roads guidelines provides for exceptional circumstances where a less restrictive approach to access to national roads might apply when agreed between the Authority and the Planning Authority and included in the relevant Development Plan.
6.41 It remains the case that the Council has not agreed the provision of any ‘exceptional circumstances’ in County Mayo with the Authority for inclusion in the Development Plan, despite a commitment to undertake a survey to identify such sites and agree cases in consultation with the authority, outlined in proposed Variation No 1 of the CDP in August 2014. ‘it remains a serious concern to the Authority that although the council are aware of the requirements of the DoECLG Spatial Planning and National Roads Guidelines and having regard to the commitment given to undertake a survey for the purposes of identifying sites of ”‘exceptional circumstances”, the Council continue to grant individual applications accessing the national secondary road network in the
PL 16.244204 An Bord Pleanála Page 14 of 22 absence of an agreed methodology in accordance with the provisions of the Government Guidelines’.
6.42 The granting of planning permission poses a significant risk to the Government objective of safeguarding road safety and establishes undesirable precedent used to justify further grants of permission as in the case PL 16.243000 referenced in the Council’s submission.
6.43 The Authority advises that a number of planning authorities have successfully included ‘exceptional circumstances’ in their Development Plans following the procedures and subject to the criteria outlined in S2.6 SPNRG.
6.44 In relation to the proposed amendment to the Draft Mayo County Development Plan included in S 2.4 which the Council appears to attribute to the Authority, the Authority advises that they did liaise with the Council and made suggestions on altering the text; the Authority did not prepare the initial wording.
6.45 Referring to the Road Safety Audit and Traffic and Speed Survey Analysis Report, it remains the opinion of the Authority that no exceptional reason has been put forward that would justify a departure from standard policy and road safety considerations.
6.46 In relation to the submission that the applicant currently assists in farming at this location necessitating trips through Bangor Erris to the farm, the Board will be aware that traffic generated by a development relates not only to trips involving the applicant/resident, but all other traffic movements to and from the site via the N59. There will as such inevitably be an intensification of the use of the private access arising from an additional dwelling at this location. The development appears to represent a third house at this location accessing the N59. The Authority is not aware that relevant landholding maps have been submitted with the application.
7 PUBLIC REPRESENTATIVE
7.1 Councillor Rose Conway – Walsh has made a representation to the Board in support of the application.
PL 16.244204 An Bord Pleanála Page 15 of 22 8 PLANS AND POLICIES
8.1 The Mayo County Development Plan 2014 – 2020 is the relevant policy document.
In Volume 1 ‘Written Statement’, relevant provisions include:
RH‐01 It is an objective of the Council to ensure that future housing in rural areas complies with the Sustainable Rural Housing Guidelines for Planning Authorities 2005 (DoEHLG), Map 1 Core Strategy Conceptual Map and the Development Guidance document of this Plan.
RD‐01 It is an objective of the Council to protect the capacity and safety of the National Road Network (listed in Appendix 4) in the County and ensuring compliance with the Spatial Planning and National Roads Planning Guidelines (January 2013).
In Volume 2 ‘Planning Guidance Standards for Development in County Mayo’, relevant provisions include:
Residential Development
16.1.2 No new accesses or development that generates increased traffic from existing accesses onto National Roads outside the 60km/hr speed limits such roads shall be permitted unless the development is considered to be of national or regional or domestic strategic importance and in accordance with 2.6 Spatial Planning and National Roads 2012 (DoECLG). Extensions to, and/or domestic garages for, existing occupied vacant permitted dwellings and replacement of occupied vacant dwellings along National Roads will be considered. In such cases the existing access may require upgrading where it is found to be substandard.
8.2 Spatial Planning and National Roads Guidelines 2012 (DoECLG)
8.3 These guidelines issued under Section 28 of the Planning and Development Act, 2000 and are therefore guidelines to which Planning Authorities and An Bord Pleanála are required to have regard.
8.4 Section 2.5 of the Guidelines set out the required development plan policy on access to national roads. On lands joining national roads, to which the speed limit of greater than 60 kmph applies, the Planning Authority will avoid the creation of additional access points from new
PL 16.244204 An Bord Pleanála Page 16 of 22 development and the generation of increased traffic from existing accesses to a national road. This provision applies to all categories of development including individual houses in rural areas regardless of the housing circumstances of the applicant.
8.5 Section 2.6 sets out exceptional circumstances. Notwithstanding the provisions of Section 2.5 a planning authority having consulted and taken on board the advice of the NRA as part of the process of reviewing or varying the development plan, may identify stretches of national road where less restrictive approach may be applied: in relation to (1) Developments of national or regional strategic importance or (2) Lightly trafficked sections of national secondary routes.
8.6 Ten considerations in relation to developments of national or regional strategic importance are listed in the guidelines.
8.7 In relation to lightly trafficked sections of national secondary routes the Guidelines state that policies in development plans permitting new accesses to national secondary roads may be considered acceptable where the following criteria apply:
• Traffic volumes are low and are forecast to remain below 3,000 AADT (as verified by the NRA) for the next 20 years;
• There is no suitable alternative non-national public road access available;
• The development otherwise accords with the development plan, and
• Safety issues and considerations can be adequately addressed in accordance with the NRA’s Design Manual for Roads and Bridges.
Where planning authorities wish to identify an area/national road where the foregoing less restrictive approaches could apply in a development plan or local area plan they must:
(a) Consult with the NRA at the earliest practicable stage in reviewing the development plan on the identification of areas and developments that the planning authority considers represent exceptional circumstances, taking the criteria above and below into account; and
(b) Ensure that any submissions from the NRA have been fully and properly considered within the process of preparing the plan.
PL 16.244204 An Bord Pleanála Page 17 of 22 8.8 Sustainable Rural Housing Guidelines
8.9 These guidelines issued under Section 28 of the Planning and Development Act, 2000 and are therefore guidelines to which Planning Authorities and An Bord Pleanála are required to have regard.
8.10 The guidelines provide that people who are part of the rural community should be facilitated in their housing needs.
8.11 Section 3.3.4 of the Guidelines relates to transport. It states that the objectives and policies of the development plan should make it clear that direct access for future development should not be permitted to national roads outside the speed limits for towns and villages.
9 ASSESSMENT 9.1 The issues which arise in relation to this development are: appropriate assessment and roads issues, and the following assessment is addressed under these headings.
9.2 Appropriate Assessment 9.3 In accordance with obligations under the Habitats Directives and implementing legislation, to take into consideration the possible effects a project may have, either on its own or in combination with other plans and projects, on a Natura 2000 site; there is a requirement on the Board, as the competent authority, to consider the possible nature conservation implications of the proposed development on the Natura 2000 network, before making a decision on the proposed development. The process is known as appropriate assessment. In this regard a guidance document ‘Appropriate Assessment of Plans and Projects in Ireland’ was published by the DoEH&LG on the 10 December 2009.
9.4 The nearest Natura Site is the Owenduff / Nephin Complex SAC (site code 000534) (qualifying interests comprise bogland habitats including the priority habitat blanket bogs; and the species of conservation interest: atlantic salmon, otter, slender green feather-moss and marsh saxifrage) and Owenduff / Nephin Complex SPA (site code 000534) (species of conservation interest: merlin and golden plover); which are sites located on the opposite side of the public road.
9.5 Blacksod Bay/ Broadhaven Bay SPA (site code 004037) (species of conservation interest: Great Northern Diver, Light-bellied Brent Goose
PL 16.244204 An Bord Pleanála Page 18 of 22 Common Scoter, Red-breasted Merganser, Ringed Plover, Sanderling, Dunlin, Bar-tailed Godwit, Curlew, Sandwich Tern, Dunlin, and the Wetlands that support them) is located over 5 kilometres to the west, direct line measurement, and over 10 kilometres distance along the river which connects the site to the protected site.
9.6 The proposed development involves only the development of a dwelling and an on-site wastewater treatment system.
9.7 Having regard to the nature and scale of the proposed development and/or nature of the receiving environment and/or proximity to the nearest European site no appropriate assessment issues arise and it is not considered that the proposed development would be likely to have a significant effect individually or in combination with other plans or projects on a European site.
9.8 Roads Issues
9.9 A significant policy difference is evident between the County Development Plan (16.1.2 of volume 2) and the Spatial Planning and National Roads Guidelines in relation to the ‘strategic importance’ which must attach to development in order to constitute exceptional circumstances such that a grant of permission may be considered. In the County Development Plan, strategic importance may be national, regional or domestic to be considered an exception to the general prohibition on new development along a national road where the maximum speed limit applies. In the Spatial Planning and National Roads Guidelines (2.6), it must be of national or regional strategic importance.
9.10 The Guidelines must take precedence in this case, and the relevant criteria should be that a development must be of national or regional strategic importance. The proposed development is not of national or regional strategic importance and therefore this exception does not arise.
9.11 The other exceptional circumstances provided for in the Spatial Planning and National Roads Guidelines (2.6), related to development along a national road arises where: • Traffic volumes are low and are forecast to remain below 3,000 AADT (as verified by the NRA) for the next 20 years; • There is no suitable alternative non-national public road access available;,
PL 16.244204 An Bord Pleanála Page 19 of 22 • The development otherwise accords with the development plan, and • Safety issues and considerations can be adequately addressed in accordance with the NRA’s Design Manual for Roads and Bridges.
9.12 Stretches of national road where the general restriction can be lifted, based on the foregoing criteria, must be identified in the County Development Plan or Local Area Plan following consultation with the NRA.
9.13 Such stretches of road have not been identified in the Mayo County Development Plan.
9.14 The traffic volumes along this stretch of road are well below 3,000 AADT. Traffic Transport and Road Safety Associates Ltd, on behalf of the first party, have carried out a projection of traffic levels which indicates that traffic levels will remain below 3,000 AADT for the next 20 years.
9.15 In relation to whether there is a suitable alternative non-national public road access available, a number of considerations arise. An alternative to a dwelling on this site would include a dwelling in the settlement of Bangor Erris where the first party currently lives. The settlement is approximately 1.2km from the subject site. Living in the village is a suitable alternative to building on this site.
9.16 In relation to alternative locations on the land holding, no map of the landholding has been provided and therefore it cannot be determined whether or not an alternative site is available with access to a non- national road. The subject site has no alternative access.
9.17 In this regard the Board should also consider the argument advanced that the first party would be assisting his uncle in farming this land and that the number of trips to and from the site would therefore not be significantly greater, following carrying out the subject development, than if the development is not carried out. To give appropriate weight to this argument it would be necessary to understand, in considerably more depth than the documentation on file allows, the nature of the farming practised on this holding and the size of the holding, in order to assess whether assisting in the enterprise is realistic. It is stated elsewhere in the submission from the public representative in support of the first party, that he is a qualified tradesman and works locally providing an important service to an elderly population.
9.18 In relation to the other criteria in paragraph 2.6 of Spatial Planning and National Roads Guidelines, excepting the policies in relation to national
PL 16.244204 An Bord Pleanála Page 20 of 22 roads, the development otherwise accords with the development plan; there is no policy or objective in the Development Plan which would prohibit the development as proposed; and many policies and objectives would facilitate and encourage it, such as those cited by the Senior Planner in his report and by the planning authority in their submission to be Board.
9.19 In relation to safety issues and considerations and whether they can be adequately addressed in accordance with the NRA’s Design Manual for Roads and Bridges, the report of Traffic Transport and Road Safety Associates Ltd, on behalf of the first party indicates that the sightlines achievable are close to those required with reference to the 85th percentile speed derived from their survey; if a dwell area is provided, as the Road Safety Audit recommends, the sightlines then available will meet requirements.
9.20 It is worth noting that the refusal recommendation by the Roads Design Section was solely policy based.
9.21 CONCLUSION and RECOMMENDATION
9.22 Notwithstanding the low level of traffic on the road and the fact that national roads comprise such a large proportion of roads in this area, safeguarding the national road network is an important objective which should only be compromised in exceptional circumstances; on the basis of the information on this file I am not satisfied that these exceptional circumstances exist in this case.
9.23 In light of the foregoing assessment I recommend that planning permission be refused for the proposed development based on the reasons and considerations set out below.
PL 16.244204 An Bord Pleanála Page 21 of 22 REASONS AND CONSIDERATIONS
1 The proposed development would endanger public safety by reason of traffic hazard because the site is located alongside the National Primary Road N59 at a point where the general speed limit of 60 mph applies and the traffic turning movements generated by the proposed development would interfere with the safety and free flow of traffic on the public road.
2 The proposed development, by itself or by the precedent which the grant of permission for it would set for other relevant development, would adversely affect the use of the national road by traffic.
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Dolores McCague Date
Inspectorate
Appendix 1 Map and Photographs
Appendix 2 Copy extracts from Mayo County Development Plan 2014 – 2020
Appendix 3 Copy extracts from Sustainable Rural Housing Guidelines for Planning Authorities
Appendix 4 Copy extracts from Spatial Planning and National Roads Guidelines for Planning Authorities
Appendix 5 NPWS map showing protected sites in the area.
Appendix 6 Conservation Objectives, and Site Synopsis for Owenduff / Nephin Complex SAC (site code 000534)
Appendix 7 Conservation Objectives, and Site Synopsis for Owenduff / Nephin Complex SPA (site code 004098)
Appendix 8 Conservation Objectives, and Site Synopsis for Blacksod Bay/ Broadhaven Bay SPA (site code 004037)
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