An Bord Pleanála

Inspector’s Report

An Bord Pleanala Reference PL 05.227418

DEVELOPMENT: House, septic tank and percolation area at Birchill, Town. Co. Donegal

PLANNING APPLICATION

Planning Authority: Donegal County Council

Planning Authority Reg. No: 07/20150

Applicant: Edward & Irene Doherty

Application Type: Permission

Planning Authority Decision: To Grant Permission

APPEAL

Appellant: National Authority

Type of Appeal: Third Party

Date of Inspection: May 20 th , 2008

Inspector: Breda Gannon

Appendix 1: Annotated Photographs Site Plan/Extracts from Development Plan

______PL 05.227418 An Bord Pleanála Page 1 of 8 INTRODUCTION

This is Third Party appeal against the decision by Donegal County Council to grant permission for the development.

SITE LOCATION AND DESCRIPTION

The site is located c 4.5 km north-east of Donegal town in Co. Donegal. The site is located on the east side of the N 15 that links the town through Barnsmore Gap with . The area is one of undulating rural countryside and the predominant land use is agricultural pastureland. The pattern of development is predominantly dispersed. The site is rectangular in shape and is part of a larger agricultural field. Its front boundary is formed by a wooden fence, its east and rear boundaries by hedgerows. The western boundary is as yet undefined. The site is almost level with the adjoining carriageway. Immediately to the east and further west there are residential properties.

PLANNING APPLICATION

The proposal is to construct a storey and a half scale house on the site which will have a maximum ridge height of 6.6 m. The house will be set back 43.3 m from the centre line of the adjoining National Primary and will be accessed from the road via a right of way located at the north eastern end of the site frontage. Foul effluent from the house will be discharged to a septic tank and soakpit prior to discharge to ground.

PLANNING HISTORY

1. 06/20327 –Permission refused for a house, domestic garage and septic tank on this site for reasons relating to traffic hazard and contravention of the policies of the plan with respect to the restriction of the number of access points/ intensification of use of existing access points onto National Primary Roads.

PLANNING REPORTS

The Senior Planner’s report of 15/11/07 notes the location of the site within an area designated ‘Rural Areas Outside Towns and Villages’. A previous application was made on the lands that incorporate the site (06/20327) with similar access arrangements. The application was refused permission for reasons of traffic safety and that it would materially contravene the provisions of the Plan which restricts the number of new access points or intensification of use of existing access points onto National Primary Roads outside speed limit areas.

The siting of the dwelling in visual terms is considered acceptable within the landscape. In the absence of a site suitability assessment, the planning authority is not satisfied that the applicant has demonstrated that adequate provision has been made for the safe and adequate treatment and disposal of wastewater. The house design in not wholly in accordance with the guidance provided in Appendix E. Simple modifications could make it compliant without prejudicing the floor space available to the applicants. The front projection on the front elevation should be omitted, the upper lintels to the windows on the side projection should be squared off instead of curved and the hipped ______PL 05.227418 An Bord Pleanála Page 2 of 8 roof on the western gable end elevation of the side projection should be amended to an apex pitched roof that reflects the roof design of the remainder of the dwelling.

The key issue pertaining to the application is that of access, which will be taken off the National Primary Road, where the maximum speed limit applies. The Strategic Road Network policies of the Plan aim to safeguard the carrying capacity of the National Roads through restricting the number of new access points and intensification of existing access points outside the 60 km/h speed limit. Section 2.2 of Appendix A does confirm that developments resulting in an intensification of an existing private access road onto the National Primary Road shall be considered having regard to various factors including the length of the private road and the number of dwellings exiting onto the private road. The application proposes access onto a laneway that co-joins the N 15. The laneway cannot be considered to be a ‘private road’ and in any case would result in a significant intensification of use of this entrance.

A refusal of permission is not inconsistent with other decisions taken in respect to other developments that have been granted permission (see text). The applicant in this case does not satisfy the policy provisions of the Plan and is contrary to government guidelines. The proposal is considered by the NRA and the Council’s engineers in the Roads and Transportation Service to endanger public safety by reason of traffic hazard. The potential traffic hazard is considered to be an unacceptable risk .

The Area Roads Engineer’s report recommends refusal of the application on road safety grounds. It is noted that the proposed access is onto a very fast section of the National Primary Road where there is good overtaking possibilities. To allow an access in this position would greatly increase the probability of a serious traffic accident. The proposal is contrary to Section 2.2.1 of the County Development Plan.

The NRDO report of 5/9/07 recommends refusal of the application for the following reasons:-

 The application is proposing to intensify an existing private vehicular entrance onto a highly trafficked 100 km/h section of the National Primary Road that is designated the under Transport 21. It will severely compromise the safety, capacity and the overall functioning of the National Route.

 Section 2.2.1 of Appendix A of the Plan restricts the intensification of existing private access points onto the National Network outside the 60 km/h limit. The exempt categories in the development plan do not cover this application. The development is therefore contrary to the provisions of the Plan.

 The sight distances as set out in the development plan are not illustrated on the submitted drawings. This will increase the risk of serious accidents at this location and affect all road users.

 It is National policy that no development, resulting in intensification of an existing private entrance be permitted onto the National Roads where the maximum speed limit applies. The government through the NRA has invested a significant amount of money on capital projects on this route in recent times (i.e. and Donegal By-pass and the Clar-Barnes Realignment scheme).

______PL 05.227418 An Bord Pleanála Page 3 of 8  Going forward, this route under Transport 21 has upgrade plans as part of the Atlantic Corridor route from Donegal to and has received funding in 2007 to advance planning. Therefore further investment could be jeopardised if National policies are ignored.

The NRA in their report of 17/8/07 recommended refusal of the application on similar grounds to those cited in the appeal.

PLANNING AUTHORITY’S DECISION

The planning authority decided to grant permission for the development subject to 9 conditions, which include the following conditions of note.

Condition No 1 – Enurement clause Condition No 2 – The design of the dwelling to be modified by the omission of the apex projection to the front elevation, provision of apex pitched roof to western living room/utility room side projection and provision of revised window details on the front elevation on the western living room/utility room side projection to details to be agreed Condition No 3 (e) – Provision of permanent visibility splays in accordance with NRA DMRB standards Condition No 6 – Financial contribution. Condition No 8 – Requirements re wastewater treatment system which shall be via a secondary treatment system Condition No 9 – Boundary planting.

APPEAL SUBMISSIONS

3rd PARTY APPEAL

The following summarises the grounds of appeal: -

1. Official policy in relation to development involving access to national roads and development along such roads is set out in the “Development Control Advice and Guidelines” and the “ Policy and Planning Framework for Roads” published by the DoE respectively in 1982 and 1985. The Sustainable Rural Housing Guidelines for Planning Authorities, published by the DoEHLG in April 2005, reiterate that earlier policy position and go further in that the Guidelines require that the objectives and policies of the development plan should make it clear that direct access from future development should not be permitted to national roads outside the speed limits for towns and villages. Section 3.3.4 of the Guidelines state that “ Development control policy should, in the first instance, seek to channel traffic from new development onto existing local roads and in this way use establish access points to gain entry onto national roads” . The proposal would if approved intensify the use of a private lane which accesses into the N 15 National Primary Road at a location where the maximum speed limit ( 100 km/h) applies is, in the Authority’s opinion, at variance with the foregoing national policy in relation to the control of frontage development on national roads.

2. The National Roads programme supports official policies on competitiveness, balanced regional development and the National Spatial Strategy. The provision and maintenance of high quality access routes to regions and to designated hubs and

______PL 05.227418 An Bord Pleanála Page 4 of 8 gateways under the National Spatial Strategy are fundamental to the achievement of the objectives of these policies. The Authority attaches particular importance to the network of national roads continuing to play the intended strategic role in catering for inter-urban and inter-regional transport requirements that will serve to underpin ’s economic success and competitiveness by providing faster, more efficient and safer access to and from our major ports, airports, cities and large towns. Reflecting this national objective, improvement works have been carried out to the N 15 National Primary Road between Ballybofey and Donegal town. Granting permission for the proposed development runs counter to the objectives of protecting the substantial investment made by the Government in the upgrading of the road and maintaining the intended transport function, carrying capacity and efficiency of the route in the future.

3. The proposed development is located on a section of the N 15, National Primary Road where the maximum speed limit applies and by reason of the character and nature of the development would endanger public safety by reason of traffic hazard and obstruction of road users due to the movement of the extra traffic generated.

4. The proposed development by itself or by the precedent, which the grant of permission for it would set, would adversely affect the use and safety of the national road for road users.

RESPONSES TO GROUNDS OF APPEAL

The Planning Authority

The Planning Authority refers the Board to the planning report of September 14 th , 2007 in which the planning authority recommended a refusal of permission as the proposed development was considered to be at variance with the County Development Plan 2006- 2012 and also National Policy in relation to the intensification of access onto the National Road. The Council members however as a reserved function in accordance with Section 140 of the Local Government Act, 200, decided to recommend a grant of permission. The decision of the council members is not the recommendation of the planning authority. First Party

No First Party response to the grounds of appeal.

POLICY CONTEXT

Map 1 of the Sustainable Rural Housing Guidelines for Planning Authorities Guidelines (NSS Rural Area Types) published by the DoEHLG ( April 2005) identifies the site lying with a ‘ Structurally Weak Area’. According to the Guidelines these areas will exhibit characteristics such as persistent and significant population decline. As a general principle anyone wishing to build a house in such areas should be accommodated subject to good planning practice in matters of site location, design and the protection of environmentally sensitive areas and areas of high landscape value. The Guidelines state (3.2) that Map 1 is only an indicative guide and that further more detailed analysis is required at local level to incorporate this approach to identifying different types of rural areas in the development plan process. It is recognised in (Section 3.3) that any proposed vehicular access should not endanger public safety by giving rise to traffic hazard. ______PL 05.227418 An Bord Pleanála Page 5 of 8

Section 3.3.4 of the Guidelines focuses on site access. It states that the objectives and policies of the development plan should make it clear that direct access from future development should not be permitted to national roads outside of the speed limit zones for towns and villages. Development control policy should seek to channel traffic from new development onto existing local roads and in this way establish existing access points to gain entry onto national roads. The development plan should make such policies clear in relation to the designated national routes in the planning authority’s functional area.

The operative development plan is the County Donegal Development Plan 2006-2012. The policies of the Plan in relation to rural housing are set out in Section 5.7 of the Plan.

Section 3.3 of the Plan sets out the policy of the planning authority in relation to development on national roads.

Section 2.2 of Appendix A reiterates the policy restrictions on national roads and makes provision for certain exceptions.

ASSESSMENT

The primary focus of this appeal relates to the unacceptability of the proposed development, on the basis that it conflicts with national policy in relation to frontage development onto a national route. I also intend to raise the issue of site drainage.

The appellant in this case is the NRA, the body charged with responsibility for securing the provision of a safe and efficient network of national roads. Its policy statements on the management of development on the national road network seeks to control both frontage development and development which would result in intensification of existing access points onto national roads. The control of development along national roads is considered essential to protect the substantial investment already made in the network, to improve carrying capacity and safety and to prevent the premature obsolescence of the network, all of which are considered reasonable.

This policy is repeated at local level under the provisions of the Plan (Section 3.3), which seeks to safeguard the carrying capacity of the national roads network through

‘Restricting the number of new access points and intensification of existing access points outside of the 60 kph speed limit’ (as outlined in Appendix A Development Guidelines and Technical Standards)

Under the provisions of Appendix A (Section 2.2)

‘New accesses, developments requiring new accesses or which would result in the significant intensification of existing access points onto National Roads or roads treated to National Roads Standard outside 60 kph speed limit, will not be permitted’

Intensification of an existing private road access onto a National Primary road shall be considered having regard to the length of that private road, the number of dwellings exiting onto the private road, the design of the junction of the private road onto the National Primary Road.

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Notwithstanding this policy, I note under the provisions of the Plan that certain categories of development identified in Table 2 of Appendix A may be considered, subject to certain caveats. Category 1 & 5 of Table 2 relate to residential development. The proposed development does not come within the scope of Category 1, as it does not involve a replacement dwelling. Category 5 facilitates the provision of a new residential access onto a National Secondary Route for a person who owned the land prior to 24 th March 2000, or for their immediate family member subject to certain criteria being met. National Primary Routes are specifically excluded from its provisions and accordingly the proposed development cannot be considered to come within the scope of its exemptions.

I note that the applicant seeks to justify the development on the basis that the development would be located on an existing private road access onto the National Primary Road, a view that is not shared by the planning authority. The Board will note from the attached photographs that the ‘private road’ is in fact a laneway that abuts the adjoining house and therefore cannot be considered to fall within the provisions of Section 2.2 of Appendix A. The applicant has misinterpreted the meaning of ‘private road’ and the development if permitted would intensify an existing private access onto the national primary route, which would be at variance with national policy.

The National Primary Road at the front of the site is wide with hard shoulders on both sides. It good alignment and forward visibility facilitates high speeds and opportunities for overtaking. Notwithstanding the overall standard of the road in this location, the Board will note that there is strenuous opposition to the proposed development from the NRA and from the planning authority as reflected in the relevant technical reports. I accept that the arguments made are well founded, that the development would compromise the safety and overall functioning of the national primary road I this location and that the turning movements associated with the development would increase the risk of accidents with implications for the safety of all road users.

Site Drainage The presence of rush vegetation over the site, which is normally associated with poor drainage conditions, calls into question the suitability of the site for the disposal of domestic effluent. I note that a site suitability assessment was not carried out and accordingly it has not been established that soil conditions are suitable for percolation or that the septic tank/percolation area is suitable to adequately treating the effluent arising. The Board may consider this to be a new issue and avail of its powers under Section 137 of the Act.

Note

The site is located within an area identified as ‘Rural Area outside Towns and Villages and accordingly comes within the scope of Policy RH 2 of the Plan. In such areas it is the policy of the Plan to promote one-off housing for applicants demonstrating a bona fide ‘need’. Policy RH2 sets out certain criteria for applicants wishing to establish ‘need’ in these areas which includes people who are part of the rural community, people who work full/part time in rural areas, people whose work is intrinsically linked to the rural area, persons who have legally owned the land ( including family members) prior ______PL 05.227418 An Bord Pleanála Page 7 of 8 to March 24 th , 2000, returning emigrants etc. I note that the applicant is stated to be from the area and that the house will be constructed on family lands. The planning authority has accepted that the bona fide’s of the applicants on the basis that they are an ‘intrinsic part of the part of the rural community’.

RECOMMENDATION

In the light of the above assessment, I recommend that permission for the development be refused

REASONS AND CONSIDERATIONS

1. It is considered that the proposed development would endanger public safety by reason of traffic hazard due to the additional traffic movements that would be generated onto the heavily trafficked National Primary Route (N 15) at a point where a general speed limit of 100 km/h applies and the turning movements generated by the development would interfere with the safety and free flow of traffic on the public road.

2. In the absence of a full site suitability assessment, the Board is not satisfied on the basis of the information submitted in connection with the application and the appeal, that the site can be satisfactorily drained by means of aseptic tank and percolation area. It is considered therefore that the proposed development would therefore be prejudicial to public health.

Breda Gannon Inspectorate May 22 nd , 2008

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