An Bord Pleanála

Inspector’s Report

Appeal Ref. No: PL09.230741

Proposed Development: Erection of dwelling and associated site works

Location: Milehouse, Marshelstown, Co. Wexford

Planning Authority: Wexford County Council

P. A. Reg. Ref: 2008.1574

Applicant: John Connors

P.A. Decision: Refuse Permission

Appeal Type: First Party

Date of Site Inspection: 31 st March 2009

Inspector: David Mulcahy

Appendices: Photos; Enniscorthy Town and Environs Zoning Map 2008; drawings from Reg. Ref. 2008.1573

______PL09.230741 An Bord Pleanála Page 1 of 10 1.0 Site and Context

The subject site (0.22 hectares) is located on the R702 approximately 3 kilometres from the town centre of Enniscorthy, in Co. Wexford. The area is characterised by a distinctly rural landscape, although the location of the subject site represents the beginning of fringe development associated with the town.

The site is situated to the rear of an existing detached, bungalow dwelling fronting onto the R702. It is an elongated site measuring approximately 103m long and approximately 17 – 20m wide (narrower at the rear). The gradient of the site slopes downwards from the rear boundary of the site in the direction of the existing dwelling. Part of the site runs through the adjoining property to the south. The application drawings indicate a way leave over this adjoining property.

It was noted on the site inspection that the site has been cleared and consisted off hardstanding. There were two small caravans and two vehicles parked on the site.

The lands to the north-west (side) and north-east (rear) of the site are in agricultural use, as are the lands to the south (opposite the site). There are 3 dwellings situated to the east of the site. They are aligned in a row and are setback notably further from the R702 than the bungalow to the front of the subject site.

2.0 Proposed Development

The applicant seeks permission to construct a dwelling and ancillary site works on the subject site. These are described in more detail below:

Dwelling: It is proposed to construct a detached, single storey, 4 bedroom dwelling to the rear of the existing dwelling fronting onto the R702 (described as applicant’s father’s dwelling). It has a gross floor area of 169sq.m. The new dwelling will be elevated above the existing dwelling owing to the slope of the land. The finished floor level is shown as +64.60 compared to the existing dwelling at +63.40. The construction of the dwelling will involve excavation of the existing ground level to accommodate the new dwelling. The dwelling is orientated to face south-west, in the direction of the existing dwelling to the front. The ridge height of the new dwelling will be 6.03m. The design of the proposed dwelling is based on a pitched roof with gable end treatment and incorporates number of additional gable end protrusions. Vehicular entrance to the dwelling will be via the vehicular entrance to the existing dwelling to the front of the site, off the R702.

Ancillary Site Works: It is proposed to construct a bored well and pump house to the rear of the dwelling. No details of same are included with the application. The boundary treatment will involve the retention of the existing hedgerow, including Lelandii hedge, and its reinforcement with new planting. A 1.2m high post and rail fence along with screen planting will be provided along the front boundary to screen the proposed development from the existing dwelling. A new kerb line will be built along side of existing vehicular entrance to protect existing hedgerow. Foul drainage is to the mains.

______PL09.230741 An Bord Pleanála Page 2 of 10 There appears to be no contextual elevation drawing or section drawing which shows the relationship of the proposed new dwelling vis-a-vis the existing dwellings.

3.0 Relevant Planning History

3.1 Subject Site

Reg. Ref. 2006.1576

Permission was refused to John Connors (applicant) for fully serviced dwelling house for two reasons which are summarised as follows:

1. Endanger public safety by reason of restricted sightlines onto regional road 2. Backland siting would give rise to appearance of haphazard development which would be injurious to visual amenity or the area and, would seriously injure the residential amenities and depreciate the value of property tot he south and east.

3.2 Adjoining Site to South-West

Reg. Ref: 2008.1573

Concurrent application for retention of north-west boundary wall, together with all ancillary and associated site works. The drawings on the Council’s website (enclosed ) indicate the wall to be stepped with a maximum height of 1.3m. The wall measures approx. 30m in length and includes a front boundary wall which terminates in a pillar defining the vehicular entrance to the dwelling. Permission was granted, against the Planning Authority’s recommendation to refuse, subject to conditions.

4.0 Planning Policy and Objectives

4.1 Sustainable Rural Housing Guidelines 2005

Map No.1 – Indicative Outline of NSS Rural Area Types – shows that the subject site to be situated within the Stronger Rural Area.

The Guidelines differentiate between rural and urban generated housing. Rural generated housing should be accommodated subject to site location, design, landscape, environmental factors etc. People who qualify for rural generated housing should be intrinsic members of the rural community or be working full/part-time in rural areas. Such persons will normally have spent substantial periods of their lives, living in rural areas as members of the established rural community.

______PL09.230741 An Bord Pleanála Page 3 of 10 4.3 Wexford County Development Plan 2007 - 2013

The lands are not zoned under the Development Plan.

The site is located in the Stronger Rural Area under the Rural Strategy Area (Map No.2). Section 2.4.3 of the Development Plan states that “The criteria for facilitating development in these areas will be to accommodate individual houses in rural areas and to actively stimulate the development of houses in settlements so as to provide for balanced urban and rural choices in the new housing market. The overall policy approach is to facilitate the development of rural housing for the applicants own use, where the applicant has been resident in the County for a period of not less than ten years”.

The following Policies are relevant:

Policy RSS5 The Council shall attach an occupancy condition to all individual one off rural dwellings on un-zoned land in areas defined as Under Strong Urban Pressure and Stronger Rural Areas

Section 2.4.5 summarises the Development Plan approach to consideration of applications for dwellings in Stronger Rural Areas - Open to applicants from County Wexford building their own home-occupancy and permanent residency will be applied to all permissions for single houses

Section 10.05.12 deals with Backland Development. It states that development of backlands, including the construction of extra dwellings in back gardens may result in inappropriate and disorderly development and can have an adverse effect on the residential amenity of adjoining properties. This may also result in the overloading of infrastructure and in missed opportunities for integrated renewal. Backland development will be considered if:

There is no loss of privacy to adjoining dwellings.
The access arrangements would not significantly increase noise and disturbance to existing dwellings.
There is adequate off street parking.
There is adequate provision of private amenity space.
The scale and design of the dwelling is compatible with the character of the buildings in the surrounding area.
There are no issues of overshadowing.
Existing trees or natural features are retained.

Section 10.7.1 deals with the Rural Housing Design Code. It states, inter alia, that:

A site should be capable of accommodating a dwelling that blends into the landscape and is not visually prominent
A safe entrance should be provided to the site
The site for a dwelling with a floor area of 169sq.m. should be 0.2 hectares
A site analysis/study should be prepared
Assessment should not be too prescriptive, with focus on the broad issues of scale, density, height, massing, landscaping, access and road frontage

______PL09.230741 An Bord Pleanála Page 4 of 10 and the visual relationship likely to be established with other properties in the vicinity.
A single storey form should be used on more exposed and elevated sites
External building materials should blend with landscape
A building line of not less than 23m applies to dwelling fronting Class 1 Regional Roads (Class 1 clarified in s. 10.11.3 and does not include R702)
Adequate sitelines in both directions required
Linear development occurs where 5 of more dwellings occur on one side of a road within 250m

Section 10.11.3 states that sightlines of 135m in either direction required for Class 2 Regional Rd (includes R702). May vary depending on the location and the nature and scale of the development

Policy TP6: The Council shall restrict access onto the Class II Regional Roads to those applicants that can demonstrate a need of access from such roads.

N11 Enniscorthy By-Pass:

Section 3.2 of the Development Plan lists the N11 Enniscorthy By-Pass as one of the major road proposals in the county to be completed within the lifetime of the Plan. The by-pass will run to the west of the town and approximately 450m west of the subject site. The route can be seen on the Enniscorthy Town and Environs Development Master Plan 2008 – 2014 (enclosed ). It is understood that the EIS is near completion and the CPO process well advanced on this scheme.

5.0 Planning Authority Decision

The Planning Authority refused permission for 3 no. reasons which are summarised below:

1. Same as first reason under 2006.1576 2. Applicant does not meet 10 year residency requirement for rural dwelling in Stronger Rural Area 3. Similar wording to second reason under 2006.1576 with reference to s.10.05.12 of Development Plan and precedent for further inappropriate development added.

Technical Reports

EHO: No objection subject to conditions

Roads: Recommends that permission be refused as would endanger public safety by reason of traffic hazard arising from inadequate sight distance due to the vertical alignment of the Regional road.

______PL09.230741 An Bord Pleanála Page 5 of 10 6.0 First Party Appeal

The appeal is summarised below:

The proposed dwelling is elevated and in line with the existing dwellings to the east, which have a similar ridge height
The dwelling has an area of 169sq.m. which complies with s.10.07.2 (Design and Siting Guidelines for Rural Housing)
The scale, density, height , massing landscaping also comply with this section
The access is existing and retention granted for its use under plan ref 2008.1573 on 5 th August 2008
It can be shown that the gradient of the roadway can be upgraded to assist this application (diagram is stated to be enclosed)
The applicant was born into the family home south west of the proposed site and has lived there for approx 18 years before moving to Enniscorthy town and subsequently moving back within the last 4 years; he has been resident in county Wexford for a period in excess of 10 years
The applicant complies with rural housing policy for stronger rural areas
The design and siting comply with relevant sections of development plan
The applicant has a need to live at this location as his family are resident in the immediate area
The proposed development is in compliance with section 10.05.12 (Backland Development)
There is in excess of 20m separation distance between the proposed and existing dwellings. The landscape scheme has not been considered or s.10.05.12 (Backland Development)
The proposed site is connected to the mains services therefore taking advantage of existing infrastructural works

7.0 Planning Authority Response

The Planning Authority’s response is summarised below:

1) The applicant does not qualify with the Council’s Rural Housing Policy having regard to the designation of the area in which the site is located and the period of time in which the applicant has lived at this location 2) The proposed development would endanger public safety by reason of traffic hazard, notwithstanding the existing entrance, having regard to the additional traffic movements which would arise 3) The proposed development is in conflict with the provisions of s.10.05.12 of the Development Plan vis-a-vis proximity of existing dwellings and the sizes and configuration of the relevant sites.

8.0 Assessment

The main issues to be considered in this assessment are:

i) Procedural ii) Applicant’s qualification for dwelling in rural area iii) Design and Siting/Backland Development iv) Traffic Hazard v) Wastewater Treatment

______PL09.230741 An Bord Pleanála Page 6 of 10 i) Procedural

I note the site layout plan submitted with the application shows the adjoining site to the south-west to be outlined in blue. It is also stated on Drwg. PL- 106-PL04 that the applicant’s “Fathers Land [is] Outlined in Blue”. The Planning Application Form states that the applicant is the owner of the subject site and therefore under Article 23 (1) (a) of the Planning and Development Regulations, 2001 (as amended) it should only be outlined in blue if it is “under the control of the applicant or the person who owns the land which is the subject of the application”. The applicant has not provided any documentary evidence to indicate that the lands outlined in blue are under his control. As such the said lands should not be outlined in blue. The implications of their being outlined in blue is discussed in relation to sightlines below.

ii) Applicant’s qualification for dwelling in rural area

The Development Plan requires that an applicant must be resident in the County for a period of 10 years in Stronger Rural Areas. There appears to be no requirement for the applicant to have resided in rural areas of the county for this 10 year period or for the 10 years to be continuous.

The Planner’s Report states that the applicant does not comply on the basis that he has not demonstrated that he has resided in the County for 10 years, with the only reference being to 4 years living with his parents in the adjoining dwelling. In the appeal the applicant’s agent states that the applicant was born into the family home adjoining the site, lived there for approx. 18 years, moved into Enniscorthy town and moved back within the last 4 years. On the basis of the agent’s statement it would appear that the applicant does qualify to build a single dwelling in the countryside. No documentary evidence however has been submitted to support this statement, which would be expected given the doubts raised by the Planning Authority.

Having regard to the Sustainable Rural Housing Guidelines, 2005, it is stated that people who qualify for rural generated housing should be intrinsic members of the rural community or be working full/part-time in rural areas and, that such persons will normally have spent substantial periods of their lives, living in rural areas as members of the established rural community. On the basis of the aforementioned statement in the appeal concerning the applicant being reared in the family dwelling and the fact that the applicant’s family dwelling is located in a rural area, the applicant appears to qualify for rural generated housing under the Guidelines.

While the applicant appears to qualify to build a dwelling on the subject site, the absence of any documentary evidence which supports the information in the appeal makes it somewhat difficult to make an informed decision. On the balance of probability it is quite likely that the applicant does qualify with the Council’s policy to build a dwelling in a Stronger Rural Area and the Board may wish to seek such evidence from the applicant in the event that a decision to grant permission is being considered.

______PL09.230741 An Bord Pleanála Page 7 of 10 iii) Design Siting/Backland Development

The size, scale and mass of the proposed single-storey dwelling are considered to be quite moderate. The built form and external finishes are also considered to be acceptable for a rural location.

However, the elevated and exposed nature of the site, coupled with the prominent location (particularly to the south and west), means that any dwelling constructed on this site will have a significant visual impact on the established visual amenity of the area.

Whilst I acknowledge the appellant’s argument that proposed dwelling will be in line with the existing row of dwelling to the east, the fact that the dwelling is located directly to the rear of an existing dwelling will create a fragmented, haphazard and piecemeal arrangement of dwellings and seriously injure the established visual amenity of the area

In relation to the potential impact on the established residential amenity of occupants in adjoining dwellings, the applicant’s argument that the proposed new dwelling will be setback over 20m from the rear elevation of the existing dwelling and significant screen planting will be introduced is acknowledged. In the absence of section drawings it is somewhat difficult to properly assess whether there would be overlooking of the dwelling to the front or, whether the proposed dwelling would appear obtrusive when viewed from the dwelling to the front. It is my view that the combination of the slope, the separation distance and the proposed planting would serve to protect the residential amenity of the dwelling owners to the front and their established amenity would not be significantly compromised.

iv) Traffic Hazard

Drawing No. 08-106-PL04 submitted with the appeal shows sightlines of 135m in either direction of the existing entrance to be achieved. Whilst it is acknowledged that the applicant is relying on an established entrance, the safety of this entrance must be assessed under the current application due to the increased intensity of use.

I do not agree with the appellant’s view that the recent approval to retain the wall along the north-west boundary implies that the vehicular entrance for the current application has also been approved. These are two separate applications.

I note that a significant portion of the sightline to the east involves lands in third party ownership. Specific reference is made to the dwelling to the south- west outlined (father’s dwelling) and the adjoining dwelling to the east. No letter of consent has been provided from either adjoining property owner to demonstrate that they will consent to sightlines being achieved on a permanent basis on their respective property. While it is likely, given the family relationship, that such consent could be achieved for the applicant’s fathers land, I note that the adjoining land owners have stated in their objection to the retention of the wall (which also alluded to the current application) that they would refuse any such request.

My site inspection revealed that there is only limited visibility of on-coming traffic to the west of the existing entrance owing to the gradient of the road

______PL09.230741 An Bord Pleanála Page 8 of 10 which falls away sharply at a distance of approx. 80m from the entrance. In the opposite direction the presence of a sharp bend in the road also significantly hampers visibility for right turning traffic exiting the site. Furthermore, whilst the speed limit is 80kmph, in my view cars were travelling in excess of this speed along this stretch of the road making it quite dangerous for any traffic existing onto the road in a safe manner.

The Roads Department refer to the vertical alignment of the road which also affects sightline distances. The applicant states in the appeal that the gradient of the roadway can be upgraded to assist this application and refers to an enclosed diagram. I have reviewed the diagram submitted with the appeal (Drwg. No. 08-106PL04) and cannot find any reference to the improvement to the road gradient.

I also draw the attention of the Board to the Enniscorthy By-Pass which is at the stage where the EIS is nearing completion. It would appear from the Enniscorthy Town and Environs Development Master Plan 2008 – 2014 that there are some works proposed to the road to the front of the appellant’s father’s dwelling. These works may improve the current situation in terms of safe access/egress, however, in the absence of detailed information concerning the proposed road improvement works, the application is premature. The Board may wish to seek this information before making a final decision on this aspect of the appeal.

v) Wastewater Treatment

The applicant proposes to connect to the mains, which is considered to be a positive feature of the application. However no details of same have been shown.

9.0 Conclusion

In conclusion, I consider that the visual impact of locating the proposed dwelling on elevated lands directly to the rear of an existing dwelling will result in a fragmented and haphazard arrangement when viewed in conjunction with the existing dwellings in the immediate vicinity. The application should be refused on this basis. I also consider that the proposed development would result in increased traffic movements to and from the existing vehicular entrance which is substandard having regard to the sightline restrictions and would result in a serious traffic hazard. Finally, the applicant has not satisfactorily demonstrated that he has sufficient legal interest to provide and maintain appropriate sightlines on a permanent basis.

______PL09.230741 An Bord Pleanála Page 9 of 10 10.0 Recommendation

Having read the file, inspected the site and its surroundings, considered the grounds of appeal and assessed the proposal in the context of the proper planning and development of the area, including the provisions of the Sustainable Rural Housing Guidelines for Planning Authorities, 2005, and the Wexford County Council Development Plan, 2007 - 2013, I recommend that planning permission be refused for the following reasons and considerations:

Decision

REFUSE permission for the above proposed development for the reasons and considerations set out below:

Reasons and Considerations

1. It is considered that the proposed development, by reason of its location on elevated and exposed land directly to the rear of an existing dwelling, would create a fragmented, disorderly and haphazard arrangement when viewed in conjunction with the adjacent row of dwellings. Therefore the proposed development would seriously injure the visual amenity of the area and is considered to be contrary to the proper planning and sustainable development of the area.

2. It is considered that the proposed development would endanger public safety by reason of traffic hazard because of the additional traffic movements associated with the existing substandard vehicular entrance where the minimum sightlines for Class II Regional Roads in the Development Plan cannot be achieved.

3. On the basis of information submitted with the planning application and appeal, the Board is not satisfied that the applicant has the approval of the person who has legal estate or interest in the adjoining lands which are required in order to achieve the necessary sightlines. In these circumstances, it is considered that the Board is precluded from giving further consideration to the granting of permission for the development the subject of the application.

______David Mulcahy Inspector 1st April 2009

______PL09.230741 An Bord Pleanála Page 10 of 10