An Bord Pleanála Inspector’s Report PL27.225507 Wicklow County Council Proposed: Erection of seven houses At: Oaks Cross ,Coolkenno, Tinahely. Planning Application Reg. Ref.: 07/340 Applicant: P .Whelan Type of Application: Permission Decision of Planning Authority: Refuse Permission Planning Appeal Type of Appeal: First party Appellant: P. Whelan. I have inspected the appeal site (10/1/08) and read the documents relating to this appeal. This is a first party appeal against the decision of the Planning Authority to refuse permission for the above proposed development. PL06D.225507 An Bord Pleanála Page 1 of 8 SITE The site of the proposed development is located in the south west of county Wicklow, close to the county Carlow border. The small settlement of Coolkenno is centred on Oaks Crossroads where the R725, which connects Shillelagh 5 km south east of the appeal site and Tullow 1.5 km to the north east., intersects with two county roads. The entire settlement at the crossroads consists of a terrace of five houses and a shop to the north of the R725, and a sawmill/ joinery yard to the south of the crossroads. There are two houses on the northern side of the R725 the nearest being 250m west of the crossroads. There is an old, quite large, farmhouse on the western side of the county road running north from the crossroads approx 260m from the crossroads. This farmhouse and extensive outbuildings are located immediately north of the appeal site. The appeal site in fact runs northwards from the crossroads and contains frontage of 150m on the western side of the county road. This road contains an average width of 5m . The appeal site also contains frontage of 70m onto the R725 immediately west of the crossroads. At the junction there is a small single storey public utility building containing a telephone exchange. The appeal site consists of the eastern and northern sections of a large field in permanent pasture. The field contains an area of almost 6 ha with the appeal site accounting for approximately 2.75 ha of this. The roadside boundaries consist of treed hedgerows. The northern boundary also consists of a mixture of mature trees and hedgerow. Western and southern site boundaries are undefined. The proposed development consists of the erection of seven detached two storey houses on sites fronting directly onto the county road. Each house would be served by an individual access point. A small area of public open space is proposed at the crossroads. PL06D.225507 An Bord Pleanála Page 2 of 8 Water supply is proposed from a bored well to the west of the southern part of the site. Sewage disposal is proposed by connection to a proprietary waste water treatment system, Klargester, with treated effluent being piped to a large raised percolation area following treatment in holding ponds located between the treatment plant and the percolation bed. The entire sewage treatment system would be located on the western part of the site, which is connected to the eastern section by a 5 m wide strip of land. DECISION OF PLANNING AUTHORITY The planning authority decided to refuse permission for the following reason; The proposed development is contrary to section 6.6.2 of the County Development Plan which states the council will consider the provision of suitable wastewater treatment plants for housing developments prior to the upgrade of public treatment as a temporary and interim measure, within development limits, within proposed drainage areas and where the collection of the system is designed to integrate with future collection systems. In the absence of proposals for public services in the area, the proposed development would be contrary to development plan policy and contrary to the proper planning and development of the area. GROUNDS OF APPEAL Permission was refused for one reason. This was not raised by the planning authority at the pre application stage. The site is within the boundary of Coolkenno small village as outlined in the county development plan Map 2.12. PL06D.225507 An Bord Pleanála Page 3 of 8 Table 3.6 of the plan sets out the indicative number of dwellings to be permitted in each small village. The number for Coolkenno is 7 and this is the number proposed in the development. Variation no 4 of the plan increased this number to 18. The development is intended to meet local housing need. The part of the site on which it is proposed to erect the houses is within the development boundary and is effectively zoned residential. The principle of residential development is not in question as the proposal complies with all relevant planning policies. The only issue relating to the proposal appears to be the planning authority opposition to the provision of a shared wastewater treatment plant which is privately run. The only issue relating to the proposal appears to be the planning Section 6.6.2 of the county plan permits developments to be privately serviced where no mains or plans for mains services exist. The appellant will provide the treatment plant and will pay for its maintenance into the future. A maintenance contract is submitted. A discharge licence will be applied for. PLANNING AUTHORITY SUBMISSION Section 6.6.2 0f the County Plan requires connection to public piped infrastructure where adequate or where services will be improved in the future. There is no public treatment in Coolkenno. On this basis the provision of a private wastewater treatment plant for private residential development would not be in accordance with Section 6.6.2. PL06D.225507 An Bord Pleanála Page 4 of 8 While there are plans for a public wastewater treatment system in Coolkenno its provision is not in the current operational programme. Although the proposed plant is technically satisfactory the provision of a private treatment plant for residential development is unacceptable. The seven separate ownerships may not have sufficient control over the plant to ensure its long-term operation. DEVELOPMENT PLAN The eastern section of the overall site is located within the development boundary for Coolkenno as indicated in map no 2.12. of the County Plan. Table 3.5 of the plan lists small villages with an indicative number of houses permitted. The number for Coolkenno is 7 in the plan and 18 in the variation. Section 4.2.3 relates to small villages and states; Small villages are generally small scale settlements with limited infrastructure that can accommodate lesser levels of local growth. Development will be controlled to limit their growth yet facilitate the needs of local people and enable rural living. Section 6.6.2. of the Plan (p74) deals with “ Private waste water treatment works for development”. This states inter alia: “The council will require developments to connect to public piped infrastructure where public infrastructure services are adequate or where they will be improved in the future. Where public treatment capacity is currently not adequate and where upgraded capacity is proposed, the Council will consider the provision of suitable wastewater treatment plants for housing developments prior to the upgrade: PL06D.225507 An Bord Pleanála Page 5 of 8 a) as a temporary and interim measure b) within development limits c) within proposed drainage areas, and d) where the collection system is designed to integrate with future collection systems. These treatment plants serving housing developments shall be constructed by the developer. Such effluent treatment plants shall be constructed in accordance with the specifications of the council and include agreed discharge arrangements either to watercourses or to the public sewer. A maintenance agreement shall be prepared by the developer and approved by the Council. Package plants may be used as sewage treatment systems for developments with Population Equivalents (PE) greater than 20 PE and shall be subject to Discharge Licence.” SITE HISTORY Under Reg. Ref. 05/3121 an application for 9 houses was withdrawn. Under Reg. Ref. 04/1647 outline permission for 7 houses was refused for reasons related to sporadic development, suburban sprawl, lack of integration with village and lack of detail as to suitability of site for individual septic tanks. ASSESSMENT The appeal submission outlines the acceptability of the proposed development in all its aspects. The refusal reason implies that the proposal complies with development plan standards and requirements in all but one area, that of wastewater treatment. PL06D.225507 An Bord Pleanála Page 6 of 8 The appellant considers that the proposal complies with Section 6.6.2 of the Plan, however the position of the planning authority has been outlined in their appeal submission. With the exception of wastewater treatment, I consider that the proposed development is acceptable The interpretation of Section 6.6.2. of the Plan is critical to the acceptability or other wise of the proposed wastewater treatment arrangements. There is at present no public wastewater treatment facility in place in Coolkenno. While the planning authority have stated in their submission that there are plans to provide such a facility, it is not provided for in the current operational programme. It is clear from the planning authority submission that in cases of separate house ownerships, such as the instant case, the ownership and maintenance of private treatment plants can be problematic. The ownership, operation and maintenance of private treatment plants can, over time, prove difficult particularly where a management company is no longer functioning. This would appear to be the main concern of the planning authority. It is, in my opinion, a concern of major importance and unfortunately founded on past experience. The planning authority will only consider the provision of private treatment facilities in cases where existing public treatment capacity is currently not adequate and where upgraded capacity is proposed.