An Bord Pleanála

PLANNING AND DEVELOPMENT ACTS 2000 TO 2011

Donegal County

Planning Register Reference Number: 10/70226

An Bord Pleanála Reference Number: PL 05A.239304

APPEAL by Environmental Group of 15 Ardravan Heights, Buncrana, County against the decision made on the 24 th day of June, 2011 by to grant subject to conditions a permission to Matthew Gleeson care of Mark Carlin Associates of 7 Malin Street, Carndonagh, , in accordance with plans and particulars lodged with the said Council.

PROPOSED DEVELOPMENT: The erection of a dwellinghouse and domestic garage/shed with septic tank together with associated works at Ballynarry, in the of Ballynarry, Buncrana, County Donegal as amended by the further public notice received by the planning authority on the 10th day of June, 2011.

DECISION

GRANT permission for the above proposed development in accordance with the said plans and particulars based on the reasons and considerations under and subject to the conditions set out below.

MATTERS CONSIDERED

In making its decision, the Board had regard to those matters to which, by virtue of the Planning and Development Acts and Regulations made thereunder, it was required to have regard. Such matters included any submissions and observations received by it in accordance with statutory provisions.

______PL 05A.239304 An Bord Pleanála Page 1 of 6 REASONS AND CONSIDERATIONS

The site is within an area designated under the Buncrana and Environs Development Plan 2008-2014 as ‘local environment’. Having regard to the design of the proposed development, the site layout and proposed landscaping, it is considered that, subject to compliance with the conditions set out below, the proposed development would not seriously injure the amenities of the area or of property in the vicinity, would be acceptable in terms of traffic safety and convenience and would not have a significant impact on any designated European Site. The proposed development would, therefore, be in accordance with the proper planning and sustainable development of the area.

CONDITIONS

1. The development shall be carried out and completed in accordance with the plans and particulars lodged with the application, as amended by the further plans and particulars submitted on the 11 th day of November, 2010 and on the 21 st of April, 2011, except as may otherwise be required in order to comply with the following conditions. Where such conditions require details to be agreed with the planning authority, the developer shall agree such details in writing with the planning authority prior to commencement of development and the development shall be carried out and completed in accordance with the agreed particulars.

Reason: In the interest of clarity.

2. (a) The dwelling shall be used as a single dwelling unit and shall not be subdivided, or used for the purposes of a holiday home, without a prior grant of planning permission.

(b) The proposed garage shall not be used as habitable accommodation, or in connection with any trade, business or commercial enterprise without a prior grant of planning permission.

Reason : In the interest of residential amenity.

3. Details of all external finishes to the proposed house shall be submitted to, and agreed in writing with, the planning authority prior to commencement of development.

Reason: In the interest of visual amenity.

4. The finished floor level of the proposed house shall not exceed the levels specified on the site layout plan. Minimal excavation shall take place to facilitate the development of the driveway, house, garage and curtilage of the house and the wastewater treatment system.

Reason: To protect the Special Area of Conservation.

______PL 05A.239304 An Bord Pleanála Page 2 of 6 5. (a) The front boundary ditch shall be removed in its entirety, and set back in accordance with the requirements of the planning authority with respect to provision of 70-metre sightlines to the western edge of the road. The boundary shall comprise a stone wall or sod and stone ditch, which shall be planted with semi-mature native deciduous tree and hedgerow species in accordance with the requirements of condition number 6 below.

(b) The setback area shall not be hard surfaced but shall be planted with grass or other suitable low-growing species, and shall be suitably maintained with regard to sightlines.

Reason: In the interest of visual amenity.

6. (a) The site shall be landscaped, using only indigenous deciduous trees and hedging species, in accordance with details and a time schedule which shall be submitted to, and agreed in writing with, the planning authority prior to commencement of development. This landscaping shall include the establishment of a hedgerow along the eastern boundary of the site.

(b) The northern site boundary shall be supplemented with suitable native deciduous tree and hedgerow species. Existing hedgerows on the southern and western boundaries shall be suitably maintained.

(c) Any plants which die, are removed or become seriously damaged or diseased, within a period of five years from the completion of the development, shall be replaced within the next planting season with others of similar size and species, unless otherwise agreed in writing with the planning authority.

Reason: In order to screen the development and assimilate it into the surrounding rural landscape, in the interest of visual amenity.

7. (a) The proposed entrance gates shall be set back not less than four metres and not more than six metres from the edge of the public road. Wing walls forming the entrance shall be splayed at an angle of not less than 45 degrees, shall be constructed of stone or of sod and stone, and shall not exceed one metre in height. The style of the proposed gates shall be in keeping with their rural location.

(b) The proposed driveway shall be in accordance with the requirements of the planning authority, shall be a maximum of four metres wide, and surfaced with natural aggregate gravel in keeping with the colour of local stone, and shall have an unkerbed natural edge finish. The proposed driveway shall not be lit without the prior written agreement of the planning authority.

Reason: In the interest of traffic safety and visual amenity.

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8. (a) The proposed septic tank and percolation area shall be designed, constructed and maintained in accordance with the Code of Practice “Wastewater Treatment and Disposal - Systems Serving Single Houses”, published by the Environmental Protection Agency (2010), and with the detailed requirements of the planning authority.

(b) Treated effluent from the septic tank system shall be discharged to a raised percolation area, which shall be provided in accordance with the standards set out in the said Environmental Protection Agency Code of Practice.

(c) Within three months of the first occupation of the dwelling, the developer shall submit a report from a suitably qualified person with professional indemnity insurance certifying to the written satisfaction of the planning authority that the septic tank and raised percolation area have been constructed in accordance with the approved details and are working in a satisfactory manner.

Revised drawings showing compliance with sections (a) and (b) above shall be submitted to, and agreed in writing with, the planning authority prior to commencement of development.

Reason: In the interest of public health and to prevent pollution.

9. (a) Surface water arrangements shall comply with the requirements of the planning authority for such works. Surface water from the site shall not be permitted to drain onto the adjoining road.

(b) All surface water generated within the site boundaries shall be collected and disposed of within the curtilage of the site. No surface water from roofs, paved areas or otherwise shall discharge onto the road or adjoining properties.

(c) The access driveway to the proposed development shall be provided with adequately sized pipes or ducts in accordance with the requirements of the planning authority to ensure that no interference will be caused to existing roadside drainage, and shall be adequately maintained accordingly.

(d) Surface water soakaways shall be located such that the drainage from the dwelling and paved areas of the site shall be diverted away from the location of the percolation area.

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(e) All elements of surface water drainage arrangements, including pools or reed beds, shall maintain a distance of 10 metres from the proposed wastewater treatment system.

Revised drawings showing compliance with these requirements shall be submitted to, and agreed in writing with, the planning authority prior to commencement of development.

Reason: To ensure adequate servicing of the development, in the interest of traffic safety, and to prevent pollution.

10. No development or works including planting and earthworks shall take place to the south and west of the proposed house, save for the installation of the proposed wastewater and surface water arrangements in accordance with the requirements of the planning authority.

Reason: To protect the Special Area of Conservation.

11. (a) Water supply arrangements shall comply with the requirements of the planning authority for such works.

(b) The private well is permitted for a temporary period pending the augmentation of the mains water supply or a group water scheme. At the earliest possible opportunity, the proposed private well shall be decommissioned and the water supply shall be from the augmented mains or from the group scheme.

Reason: To ensure an adequate long-term water supply, in the interest of public health.

12. (a) All service cables for the proposed development, including electrical and telecommunications cables, shall be located underground throughout the site.

(b) The refuse bin storage area and any bulk fuel storage tank shall be screened from public view by means of fencing or hedgerows, details of which shall be submitted to, and agreed in writing with, the planning authority prior to the commencement of development.

Reason: In the interest of visual amenity.

______PL 05A.239304 An Bord Pleanála Page 5 of 6 13. The construction of the development shall be managed in accordance with a Construction Management Plan, which shall be submitted to, and agreed in writing with, the planning authority prior to commencement of development. This shall include:

(a) Measures to ensure that surface water run-off is controlled such that no silt or other pollutants enter local surface waters, drains or streams.

(b) Details of off-site disposal of construction waste and how it is proposed to manage excavated soil.

(c) Measures to ensure that the site construction area is minimised.

(d) Details of fencing, which may be required to protect existing woodlands and trees.

Reason: To protect the adjacent watercourses and lands and to provide for the appropriate management of waste.

14. The developer shall pay to the planning authority a financial contribution in respect of public infrastructure and facilities benefiting development in the area of the planning authority that is provided or intended to be provided by or on behalf of the authority in accordance with the terms of the Development Contribution Scheme made under section 48 of the Planning and Development Act 2000. The contribution shall be paid prior to the commencement of development or in such phased payments as the planning authority may facilitate and shall be subject to any applicable indexation provisions of the Scheme at the time of payment. Details of the application of the terms of the Scheme shall be agreed between the planning authority and the developer or, in default of such agreement, the matter shall be referred to the Board to determine the proper application of the terms of the Scheme.

Reason: It is a requirement of the Planning and Development Act 2000 that a condition requiring a contribution in accordance with the Development Contribution Scheme made under section 48 of the Act be applied to the permission.

Member of An Bord Pleanála duly authorised to authenticate the seal of the Board.

Dated this day of 2011.

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