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An Bord Pleanála Inspector’s Report Development House, treatment system and associated site works at Rossadillisk, Cleggan, Co. Galway. Planning Application Planning Authority: Galway County Council Planning Authority Register Reference: 07/1115 Applicant: Emmet de Courcey Type of Application: Permission Planning Authority Decision: Refusal Planning Appeal Appellant(s): Emmet de Courcey Type of Appeal: First Party Observer(s): None Date of Site Inspection: 4th December, 2007 Inspector: Kevin Moore _____________________________________________________________________________________ PL 07.225030 An Bord Pleanala Page 1 of 8 1.0 APPLICATION DETAILS There is a first party appeal by Emmet de Courcey against a decision by Galway County Council to refuse permission for the construction of a dwelling and the installation of a septic tank and Puraflo effluent treatment system at Rossadillisk, Cleggan, Co. Galway. The applicant is the son of the owner of the 0.5904 hectare site upon which it is proposed to construct a four bedroom, single-storey house with a stated floor area of 158.21 square metres. The house would be served by a group water supply scheme and a private effluent treatment system. It is also proposed to construct a domestic garage and fuel store with a floor area of 47.88 square metres to the rear of the house. Details submitted with the application included a site characterisation assessment, a letter from the Secretary of the group water supply scheme permitting a connection to same, a completed rural housing need form, family landownership, and employment details. The reports to the planning authority were as follows: The Planner noted the site was in an area designated Landscape Sensitivity Class 4 and stated a housing need is required. It was stated that an address in Ballinasloe was given for the landowner and clarification of this was needed. A request for further information was recommended, seeking more details on the applicant's and his family's links to the area. A response to the further information request was received by the planning authority on 28th June, 2007. This provided details of the applicant's associations in the area since his return from the United States in 2005 and a letter indicating that his parents are from Knockbrack, Cleggan and Clifden and that they have been residing at Rossadillisk there since his father's retirement in 2001. Following this submission, the Planner noted that the applicant's parents were originally from the area, that the applicant has only moved to the area in recent years, and that it appears he is from Ballinasloe originally. It was considered that this would not imply the applicant is an intrinsic part of the community. A refusal of permission was recommended. On 24th July, 2007, Galway County Council decided to refuse permission for the development for one reason relating to the applicant not demonstrating an essential housing need in the area designated Special Landscape Sensitivity. 2.0 SITE DETAILS 2.1 Site Inspection I inspected the appeal site on December, 2007 and photographs taken on that date are appended at the back of the report. _____________________________________________________________________________________ PL 07.225030 An Bord Pleanala Page 2 of 8 2.2 Site Location and Description The site of the proposed development is located in the townland of Rossadillisk, near a peninsula end, a coastal location approximately 1.6km west of the village of Cleggan in County Galway. The site is accessed via a minor local road from the Cleggan- Claddaghduff Road. The site lies on the east side of the road and opposite the seashore. It is a wet boggy plot with open drains along its western and southern boundaries. The site has panoramic sea views westwards, northwards and eastwards. Housing is sporadic in the area and there are one-off houses to the north, east and south. 2.3 Galway County Development Plan 2003-2009 Rural Housing Sections 4.8 and 4.9 refer and include the following: As a general principle, subject to good planning practice in matters of location, siting, design and the protection of environmentally sensitive areas of high landscape value, rural generated housing needs are to be accommodated in areas where they arise. With regard to urban generated rural housing in the open countryside, development driven by urban areas is required to take place, as a general principle, within the built up areas and on lands identified through the development plan process for integrated, serviced and sustainable development. Policies include: Policy 89: While it is necessary to control inappropriate residential development in the countryside, "one-off" development for those who are (1) functionally dependent on the land, or (2) who have an essential rural housing need, or (3) who support the rural economy or (4) who are involved in rural economic activities will be facilitated. Landscape Conservation The site is within a designated Class 4 - Special Landscape Character Area, i.e. the second highest landscape classification in the Plan. Policies include: _____________________________________________________________________________________ PL 07.225030 An Bord Pleanala Page 3 of 8 Policy 107: Preserve the character of the landscape where, and to the extent that, in the opinion of the planning authority, the proper planning and sustainable development of the area requires it, including the preservation of views and prospects and the amenities of places and features of natural beauty or interest. Coastal Zone Policies include: Policy 164: Protect and preserve the quality of the coastline. Development Control: Objectives and Standards DC Standard 11: Compliance with Landscape Sensitivity Designations The type of development generally acceptable within the Class 4 Area of Sensitivity is restricted to essential residential needs of local households and family farm business. Note: (1) The appellant referred to Policy 90(2) of the Plan in support of the appeal submission. This policy is applicable to proposals within the Galway Transportation and Planning Study area. The appeal site is well beyond the boundary of this area. (2) The appellant submitted that the planning authority mistakenly referred to DC Standard 11 in its reason for refusal and should have referred to DC Standard 10. The polanning authority's reference was correct. 2.4 Planning History I have no record of any previous planning application or appeal relating to this site. 3.0 FIRST PARTY APPEAL The grounds of the appeal may be synopsised as follows: * It is acknowledged that the appellant was not born or educated in the local area but there are significant family ties with the area. Details of the applicant's parents links with the area are submitted in the appeal submission. * The reason for refusal incorrectly cites DC Standard 11 of the Development Plan as the criteria under which the applicant's housing need was assessed. It is DC Standard 10. Taking into account the long family history and strong ties to the rural community in which the application was made, the appellant has substantiated an essential residential need of a local household. _____________________________________________________________________________________ PL 07.225030 An Bord Pleanala Page 4 of 8 * Section 4.8 of the Development Plan clearly states that rural generated housing needs arise for people who are an intrinsic part of the rural community by way of background or the fact that they work full-time or part-time in rural areas. The appellant is an intrinsic part of the rural community by way of background and his current employment status. * The appellant was born in Galway and educated in Ahascragh and Ballinasloe. He emigrated to the USA in 1998 and returned in December 2005, where he has resided in the family home and has been working as a self-employed blocklayer until securing full-time employment with his uncle's building firm. * Policy 90(2) of the Development Plan states special consideration will be given for residential development, in bona fide cases, for persons with actual work or employment in a local area. * If the appellant is successful in securing permission, his father will transfer his herd number for the lands at Rossadillisk to the appellant to ensure that agricultural activities are continued. * The planning authority did not adequately address the Sustainable Rural Housing Guidelines. From Section 3.2 of that publication it is evident that the development is proposed to be located in an area that is structurally weak and has exhibited characteristics of persistent and significant population decline allied to a weak economic structure. The appellant has become actively involved in local organisations since residing in Rossadillisk and has demonstrated intrinsic links. 4.0 ASSESSMENT I will have regard to the issues considered relevant to the appeal under the following headings: Housing Need The site of the proposed development is located in an area designated Landscape Sensitivity Class 4, the second highest sensitivity rating for County Galway. Applications for one-off houses in this area are required to establish a housing need before a proposal can be deemed to be acceptable in principle. The applicant in this instance does not have any exceptional circumstances that would determine he has an essential housing need to be accommodated at this location. He is a blocklayer who has recently returned to Ireland from the USA. It is apparent that the nature of this work does not tie him to Rossadillisk or, indeed, to Cleggan. It would be my understanding that he most likely would be employed in the larger settlements of the area where development is ongoing. The information that the applicant submitted in support of his housing need in the further information submission was applicable to his parents, not to the applicant and could not be accepted as evidence to justify his obtaining permission to provide a residence at Rossadillisk. The applicant has no true established links with this area.