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Inspector's Report ABP-301521-18

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Inspector's Report ABP-301521-18 Inspector’s Report ABP-301521-18 Development Demolition of existing public house formally known as Bohan's Bar & storage sheds/outhouses to the rear together with the proposed construction of a residential housing development consisting of 25 no. dwelling houses, entrance, access road, green open space, connection to the existing foul sewer network via an onsite foul sewer pumping station, surface water network, connection to existing public watermain and all ancillary works Location Main Street, Newtownforbes, Co. Longford Planning Authority Longford County Council Planning Authority Reg. Ref. 17/122 Applicant(s) John Mahon Type of Application Permission Planning Authority Decision Refuse Type of Appeal First Party Appellant(s) John Mahon ABP-301521-18 Inspector’s Report Page 1 of 22 Observer(s) 1. Anne Marie Williams and Stephen Casserly. 2. Kieran and Enda O’Brien 3. Sean McGlynn Date of Site Inspection 18th July 2018 Inspector Niall Haverty ABP-301521-18 Inspector’s Report Page 2 of 22 1.0 Site Location and Description 1.1. The appeal site, which has a stated area of 1.449 ha, is located on the eastern side of the N4 National Primary Road in the village of Newtownforbes, Co. Longford. The site comprises an existing two storey structure along the street frontage, which was formerly a public house but which now appears to be vacant, and a large undeveloped area to the east of the structure. The appeal site falls gradually from west to east, and the area immediately to the east of the public house building is heavily overgrown at present. The northern, southern and eastern boundaries comprise a mix of stone walls, mature hedgerows and trees. On the date of my site inspection I noted the presence of rushes towards the eastern end of the appeal site. 1.2. The adjoining backlands areas immediately to the north, east and south are generally undeveloped. Residential development is located further to the south of the appeal site, and a residential cul de sac adjoins the site to the south east, terminating close to the appeal site boundary. 2.0 Proposed Development 2.1. The proposed development, as amended on foot of a request for further information and a request for clarification of further information consists of: • Demolition of existing public house and sheds/outhouses. • Construction of a residential housing development consisting of 20 No. detached houses, comprising: o 4 No. four bedroom two storey houses (Type A). o 4 No. three bedroom two storey houses (Type B). o 4 No. four bedroom storey and a half houses (Type C). o 4 No. three bedroom single storey houses (Type D). o 4 No. two bedroom single storey houses (Type E). 2.1.1. The proposed development also includes an entrance, access road, open space, pumping station, attenuation area, and all ancillary works. ABP-301521-18 Inspector’s Report Page 3 of 22 2.2. It should be noted that planning permission was initially sought for 25 No. houses. This was reduced to 16 No. houses at RFI stage, and subsequently increased to 20 No. on foot of the request for clarification of further information. The proposed layout and levels were altered at each stage, as well as the number of units. In his appeal, the appellant has submitted a revised proposal for the site layout which includes 18 No. houses. 2.3. The application documentation, as supplemented by the further information submitted, included a Planning Report, Traffic Impact Assessment, Road Safety Audit, details of the proposed attenuation tank and copies of Irish Water’s standard details drawings. 3.0 Planning Authority Decision 3.1. Decision 3.1.1. Longford County Council decided to refuse planning permission for the following reasons: 1. The Planning Authority is not satisfied that the proposed development, with its substandard wastewater treatment proposals would not give rise to the risk of pollution and pose a significant threat to public health, including the health of the occupants of the proposed development and to the quality of ground and surface waters and as such would be contrary to the proper planning and sustainable development of the area. 2. It is considered that the revised overall design and layout of the proposed development, as submitted by way of clarification of further information is again substandard in nature as the open space is primarily located to the rear of the site, with some areas inappropriate for use as open space, sites 1, 2, 5, 6, 7 and 8 do not have the benefit of off-street parking and the footpaths being reduced below minimum standards at some points. It is therefore considered that the overall layout and design is not in keeping with Chapter 3.2.1.2 “Designated settlements and design standards” of the Longford County Development Plan and as such would be contrary to the proper planning and sustainable development of the area. ABP-301521-18 Inspector’s Report Page 4 of 22 3.2. Planning Authority Reports 3.2.1. The Planning Officer’s reports can be summarised as follows: • The site layout plan does not indicate any connection with the existing residential development to the east. • It is unclear if sightlines can be achieved at the site entrance. Previous application indicated that sightlines could not be achieved. • New nesting area is required for Swifts using the Bohan’s premises. • The applicant has not submitted adequate or satisfactory information in relation to wastewater and surface water. • Proposed wastewater and surface water treatment systems may be inadequate and injurious to public health. • The revised design and layout is again substandard in nature with the open space primarily provided to the rear of the site and sites 1, 2, 5, 6, 7 and 8 not having the benefit of off-street car parking. • The two proposed car parking spaces for many dwellings are not practical/usable. • The design and layout is not in keeping with Chapter 3.2.1.2 of the Development Plan. • Applicant has not adequately addressed the issues raised in the request for clarification of further information. The omissions are significant and are not something that can be dealt with by way of condition. • Permission should be refused. 3.3. Other Technical Reports 3.3.1. Road Design: • Refusal recommended. • Surface water drainage system is unacceptable. Premature pending development of a satisfactory surface water outfall. ABP-301521-18 Inspector’s Report Page 5 of 22 • Foul pumping station is shown located on same area as proposed filtration system. The area required to accommodate a pumping station to IW specifications is substantial and this is not shown. • Off-street car parking should be provided to all houses. • Footpath widths are inadequate at sites 5, 6, 7 and 8. 3.4. Prescribed Bodies 3.4.1. Irish Water: • Refusal recommended. • Pumping station is not the preferred system. No design details to IW standards, no layout given and therefore not assessable. It could be eliminated. • Foul sewer design to comply with IW standards required. • Storm attenuation and pump station need to be in separate areas. Proper layout of both is required. 3.5. Third Party Observations 3.5.1. A number of third party observations were made at application stage and following the responses to the request for further information and the request for clarification of further information. The issues raised were generally as per the observations on the appeal. 4.0 Planning History 4.1. Appeal Site 4.1.1. Reg. Ref. 12/92: Permission refused in 2013 for the demolition of the existing Public House and sheds and construction of: multi-functional centre to include a Pharmacy, doctors surgery, coffee shop with community care centre over two floors; retirement village consisting of 26 No. two bedroom single storey dwellings; upgrade of existing vehicular entrance from Main Street; new vehicular entrance to existing adjacent ABP-301521-18 Inspector’s Report Page 6 of 22 housing estate; ancillary car parking; surface water attenuation tanks; sewage pumping station and all associated site development works. 4.1.2. Reg. Ref. 08/231: Withdrawn application to demolish the existing public house and to construct a new public house with 2 No. apartments above and a residential development of 38 houses, comprising 7 No. 4 bedroom 2 storey houses, 26 No. 3 bedroom 2 storey houses and 5 No. 2 bedroom 2 storey houses. Permission was also sought for associated parking, a pumping station, widening the existing vehicular access from the Main Street/N4 road. 4.2. Surrounding Area 4.2.1. I am not aware of any recent relevant planning history in the surrounding area. 5.0 Policy Context 5.1. Longford County Development Plan 2015-2021 5.1.1. Newtownforbes is designated as a Tier 5 ‘Serviced Settlement’ in the Settlement Hierarchy for County Longford. The Development Plan notes that “each town has the necessary infrastructure capacity available to act as local growth settlements and serve the needs of their hinterlands while playing an important role in servicing and driving the rural economy of the county. The towns provide services to rural communities, including housing, neighbourhood level retail and social facilities and are of particular importance in the delivery of these services and as such, are critical for the on-going viability of these rural communities.” 5.1.2. The following Objective, which relates to Tier 5 Serviced Settlements, is noted: • CS 6: Serviced Settlements have been defined in accordance with the fact that infrastructure provision exists within these settlements and represents a tier of the settlement hierarchy that has most
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