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Tuarascáil an Cigire (227/R227782

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Tuarascáil an Cigire (227/R227782 An Bord Pleanála Inspector’s Report PL 07.227782 Development Description: Construction of 2 no. Semi-detached dwelling houses with associated site works and services which form part of a first phase development previously granted under Pl. Ref. 04/1454 and An Bord Pleanala Ref. 07.208725 Address: Cnocan an Bhodaigh, Na Forbacha, Co. na Gaillimhe Planning Application Planning Authority: Galway County Council Planning Authority Reg. Ref.: 07/3227 Applicant: Pat Corrigan and Gerry Dillion Type of Application: Permission Planning Authority Decision: Grant Planning Appeal Appellant: Airdeall Type of Appeal: Third Party Observers: None Date of Site Inspection: 26/5/08 Inspector: Louise Kiernan Appendices: Appendix 1 Site Context Map Appendix 2: Key May and Associated Photos Appendix 3: Development and Local Area Plan written extracts PL 07.227782 An Bord Pleanála Page 1 of 12 SITE LOCATION AND DESCRIPTION Furbo is a village located in a Gaeltacht area on the R336 Conamara coast road between Barna and Spiddle, approximately 11 km west of Galway City (see appendix 1: site context map). The subject site, with a stated area of 0.1058 ha. is located in Furbo village to the rear of a housing estate on which works are ongoing. The subject site and surrounding area are further documented in Appendix 2: Key Map and associated photos. PROPOSED DEVELOPMENT The proposed development comprises the construction of 2 no. three bed semi- detached dwelling houses with associated site works and services which form part of a first phase development previously granted under Pl. Ref. 04/1454 and An Bord Pleanala Ref. 07.208725. The gross floor are of the proposed works are indicated as 247.9 sq.m. FURTHER INFORMATION SOUGHT AND REVISED PROPROSAL The Planning Authority sought further information in relation to the following:- The Planning Authority has previously granted 6 no. semi detached dwelling units in Phase 1 of this development. It is considered that this figure exhausts the number of semi-detached units permitted in an overall development in a rural settlement. The applicant is therefore requested to revise the proposed development, providing an alternative to the semi-detached type of dwelling. The applicant is advised that the site conditions may only allow for one detached dwelling, as two detached units may not meet the requirements with regard to distances from boundaries, appropriate density, private open space etc. Revised layout plans, floor plans and elevations are to be submitted for agreement by the Planning Authority. Further information was received on the 10/12/07 and consisted of a revised proposal for 1 no. detached dwelling unit. PLANNING AUTHORITY’S DECISION Galway County Council issued a decision to grant permission for the proposed development subject to 11 no. conditions The following is indicated in the Planner’s report:- ‘Within gaeltachts, the planning authority have only allowed development to proceed upon submission by the developer of a Linguistic Impact Statement. Consequently a development, if permitted, is subject to a condition regulating the use of any residential units to be restricted to those persons with a proven competence in the Irish language. If the development here proposed is to be permitted, this condition will also be applied PL 07.227782 An Bord Pleanála Page 2 of 12 to ensure protection of the Irish language while also facilitating development within adopted settlements’. However despite the aforementioned comments in the Planner’s report such a condition has not been included in the grant of permission. PLANNING HISTORY PL 07.208725 (Reg. Ref. 04/1454) – Permission sought for the demolition of existing house, chalet and three sheds and construction of 14 number dwellinghouses, six number apartments, six number retail units and two offices with associated site works and services at Knockanvoddy, Furbo. An Bord Pleanala granted only nine number dwelling houses (6 no. semi-detached and 3 no. detached), six number apartments, six number retail units and two number office units with associated site works. A language enurement condition was applied to 3 apartments and 6 houses; that is 60% of the total residential element. PL 07. 222727 (06/3639) - Permission sought for 15 number dwelling houses with associated site works and services which form part of a second phase previously granted under planning register reference number 04/1454, appeal reference PL 07.208725. On appeal An Bord Pleanala granted only nine number detached dwelling units, of which a language enurement condition applied to 6 no. dwellings. GROUNDS OF APPEAL This is a Third Party appeal by Airdeall against the decision of Galway County Council to grant permission for the proposed development. The main grounds of appeal are summarised as follows: - • There is no condition that would restrict who could buy or live in the house, which is against the settlement policy of Galway County Council. • There are no conditions that would protect the status of Irish as a community language. • The development does not lend itself to fulfilling the objectives set out in the development plan, where there is a policy of preventing urban commuters in rural areas within a 15km radius of Galway City. • The number of houses intended for Furbo, under the settlement policy 2003- 2009, has been reached and granting permission to this development is a serious breach of the County Development Plan. RESPONSES First Party Response: A First Party Response was made by AP. McCarthy Planning Consultants and is summarised as follows:- PL 07.227782 An Bord Pleanála Page 3 of 12 • The application forms a phase in a residential development previously permitted with a language enurement condition - the developers intend to fully comply with the provisions of the enurement clause attached to the previous An Bord Pleanala decision • As the developers have entered into a language enurement agreement for the remaining units, the Council were correct not to include an occupancy clause • The development was reduced to one dwelling unit following the further information request • The appellant is referring to policies contained in the County Development Plan restricting the provision of one off houses in the countryside, however the proposed development will form part of a previously permitted residential development and is located within Furbo Settlement Centre • The specific number of units for Furbo has not been allocated and there is scope for increase under the provisions of Policy 18 of the Development Plan • Will provide an alternative to unsustainable one-off rural housing • The principle of development at this location was deemed appropriate by An Bord Pleanala • Will assimilate easily into the surrounding built environment DEVELOPMENT PLAN AND NATIONAL POLICY Galway County Development Plan 2003-2009 The site is located in an area designated as Landscape Sensitivity Class 3. The site is located within the Gaeltacht and is located within the GTPS. The following policies and objectives also apply to the subject site (see appendix 3): - Section 10.3 An Ghaeltacht Section 10.4 Gaeltacht na Gaillimhe Section 10.5 Preserving and Promoting the Gaeltacht in the Planning Process Section 10.6 The Townlands Section 10.7 People from the Gaeltacht working outside the Gaeltacht Section 10.9 Language Impact Statement Gaeltacht Local Area Plan 2008-2014 Section 5.4 District D: Cois Fharraige ASSESSMENT I am satisfied that the key planning issues in this appeal are as follows: - 1. Principle of the Development 2. Design Issues 3. Gaeltacht Issues I will deal with each of these issues in turn: - PL 07.227782 An Bord Pleanála Page 4 of 12 1. Principle of the Development Firstly it is submitted by the appellant that the number of houses intended for Furbo, under the settlement policy 2003-2009, has already been reached and that as such the granting of permission to this development has been a serious breach of the Galway County Development Plan. As per the Galway County Development Plan, I note that for 7 no. small settlements inside the GTPS of which Na Forbacha is one, a house construction allocation of 730 is cumulatively specified. Of this, it is specified that 50% of the household allocation should be to development within the settlement centres. This would result in the provision of 365 no. units cumulatively within the 7 no. settlement centres. Although no specific figure has been identified for Furbo, if this were equally divided it would result in a figure of 52 no. units for Furbo. It is indicated in the Planner’s report that ‘To date, approximately 30 units have been granted in the settlement since 2003. A further 9 units were granted under planning reference 06/3639’. This therefore would be below the settlement figure envisaged. Notwithstanding this, having regard to the limited scale of the proposed development and the location of the subject site within the settlement of Furbo on serviced land, I consider the principle of the proposed development is acceptable. 2. Design Issues In relation to the design of the development, I consider that there is already a sufficient number of detached dwellings within the scheme. In this regard I note that overall the permitted developments of PL 07.208725 (Reg. Ref. 04/1454) and PL 07. 222727 (06/3639) consist of 12 number detached dwellings and 6 no. semi detached dwellings. I therefore consider that the semi-detached dwellings initially proposed would be more favourable than the subsequently amended application for 1 no. detached dwelling. 3. Gaeltacht Issues In relation to the likely effects of the development on Irish language use in Na Forbacha and on the Gaeltacht status of the area, I consider that the proposed development, in providing for an additional permanent residential accommodation, has the potential to have a significant material effect on language use in the area.
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