Inspector's Report ABP-309110-21
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Inspector’s Report ABP-309110-21 Development Construction of single storey dwelling with mezzanine at attic level Location Haynestown (td) , Naas , Co. Kildare Planning Authority Kildare County Council Planning Authority Reg. Ref. 201024 Applicant(s) Orla Hanrahan Type of Application Permission Planning Authority Decision Grant Type of Appeal Third Party Appellant(s) Liam McCabe Observer(s) None Date of Site Inspection 15/05/21 Inspector Una O'Neill ABP-309110-21 Inspector’s Report Page 1 of 20 Contents 1.0 Site Location and Description .............................................................................. 3 2.0 Proposed Development ....................................................................................... 3 3.0 Planning Authority Decision ................................................................................. 3 Decision ........................................................................................................ 3 Planning Authority Reports ........................................................................... 4 Prescribed Bodies ......................................................................................... 5 Third Party Observations .............................................................................. 5 4.0 Planning History ................................................................................................... 5 5.0 Policy Context ...................................................................................................... 6 National Policy .............................................................................................. 6 Kildare County Development Plan 2017-2023 .............................................. 7 Natural Heritage Designations .................................................................... 10 EIA Screening ............................................................................................. 10 6.0 The Appeal ........................................................................................................ 11 Grounds of Appeal ...................................................................................... 11 Applicant Response .................................................................................... 12 Planning Authority Response ...................................................................... 13 Observations ............................................................................................... 13 7.0 Assessment ....................................................................................................... 14 8.0 Recommendation ............................................................................................... 19 9.0 Reasons and Considerations ............................................................................. 19 ABP-309110-21 Inspector’s Report Page 2 of 20 1.0 Site Location and Description The subject site is located in the rural townland of Haynestown, approx. 4km east of Naas, 3km southeast of Johnstown and 3km south of Kill, Co. Kildare. The site is located at the entrance to an existing single carriageway laneway off the eastern side of local road L2019. The access to the proposed dwelling is from the existing laneway, which appears to serve four other dwellings. The site, which has a stated area of 0.136ha, is currently under grassland with the southern, northern and western boundaries comprising of mature trees and hedgerows. The western boundary of the site is with the L2019, the northern boundary is with an existing laneway, to the south is an existing dwelling and to the east is an existing dwelling. 2.0 Proposed Development Permission is sought for a single storey dwelling with mezzanine space at attic level, to be served by an on-site wastewater treatment system, entrance, and all associated site works. 3.0 Planning Authority Decision Decision Following the receipt of a response to a request for further information, Kildare County Council issued a notification of a decision to grant permission on 11th December 2020, subject to nine conditions, the following of which are noted: • C2: Occupancy condition. • C4: Landscaping. • C6: Lines of sight to be in accordance with TII document and site layout drawings received on 1st December 2020. • C13: Development Contribution. ABP-309110-21 Inspector’s Report Page 3 of 20 Planning Authority Reports 3.2.1. Planning Report The Planning Officer’s report generally reflects the decision of the Planning Authority. It is noted that Further Information was requested in relation to sight lines to be achieved and extent of hedgerow/tree and other removal/set back. The following points of the planning officer’s report are noted: • The applicant has applied for a dwelling in Zone 1 of the CDP. The applicant has submitted personal information which for the purposes of data protection was assessed under separate cover. The conclusion of this assessment is that the applicant has demonstrated a rural housing need to live in this location and thus is in compliance with Policy RH2 of the CDP. • The design is contemporary, and the scale of the dwelling is modest. The proposal is acceptable in this rural area. • With regards to Policy RH9(iv) of the CDP, it is not considered that there is an excessive level of development at this location and a further house can be accommodated. • The subject site comprises a suitable infill site and will not contribute to ribbon development. • There is no significant concern in terms of impact on adjoining residential amenity, ie overshadowing or overlooking, given the distance to property boundaries and the single storey nature of the development. • Further information requested and submitted in relation to sightlines at the entrance to the public road, which is considered acceptable. • The Environment Section has no objection to the proposed private wastewater system on the site, subject to conditions. Proposal complies with Policy RH9(vi). 3.2.2. Other Technical Reports Roads Department: No objection following receipt of further information. Area Engineer: No objection following receipt of further information Water Services: No objection. Conditions recommended. ABP-309110-21 Inspector’s Report Page 4 of 20 Prescribed Bodies Irish Water: No objection subject to conditions. Third Party Observations One observation was submitted from the occupant of the house to the immediate south of the proposed development, which stated the observer had concerns about the development proposal having regard to the provision of the Kildare County Development Plan and the proper planning and sustainable development of the area. Two representations were submitted in support of the application. 4.0 Planning History None on the site. Permission on site to east (family home): 042516 – Retention Permission granted to Carmel Hanrahan for conversion of shed to a residential unit and permission for side extension to same and EPS Bison effluent treatment unit, for Carmel Hanrahan. Condition 4a) Within 8 weeks of the grant of permission issuing, the applicant shall enter into an agreement stating that her existing dwelling on the overall landholding shall be sold to a person or persons who comply with Schedule 6.1 of the County Development Plan 2005-2011. b) The development herein granted permission shall not be occupied until such time as her existing dwelling on the overall landholding has been sold. Permission on site further south of application site: 99468 – Permission granted to Sinead Hanrahan for erection of a dormer bungalow, double garage, septic tank, 6 loose boxes, tackroom and menage. ABP-309110-21 Inspector’s Report Page 5 of 20 5.0 Policy Context National Policy 5.1.1. Project Ireland 2040, National Planning Framework (NPF) NPO19: Ensure, in providing for the development of rural housing, that a distinction is made between areas under urban influence, i.e. within the commuter catchment of cities and large towns and centres of employment, and elsewhere: • In rural areas under urban influence, facilitate the provision of single housing in the countryside based on the core consideration of demonstrable economic or social need to live in a rural area and siting and design criteria for rural housing in statutory guidelines and plans, having regard to the viability of smaller towns and rural settlements. 5.1.2. Sustainable Rural Housing, Guidelines for Planning Authorities (2005) • Chapter 2: Policy Aims Section 3.2 identifies a number of rural area typologies including ‘Rural Areas Under Strong Urban Influence’, which are defined as those areas exhibiting characteristics such as being within proximity to the immediate environs or close commuting catchment of large cities and towns and exhibiting characteristics of rapidly rising population, evidence of considerable pressure for development of housing due to proximity to such urban areas, or to major transport corridors with ready access to the urban area, and pressures on infrastructure such as the local road network. • Chapter 3: Other Objectives and Policies Section 3.3.3 addresses ‘Siting and Design’. • Appendix 3 – Development Plan Objectives and Issues for Rural Areas: Box 1 relates to areas under strong urban pressure and sets out that in areas under strong urban influence, urban generated development should be directed to areas zoned for new housing development in cities, towns and villages in the area of the Development Plan. • Appendix 4 – Ribbon Development ABP-309110-21 Inspector’s Report Page 6 of 20 Ribbon