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An Bord Pleanála Inspector's Report Development House Brachaharagh An Bord Pleanála Ref.:PL13.228827 An Bord Pleanála Inspector’s Report Development House Brachaharagh, Caherdaniel, County Kerry Planning Application Planning Authority: Kerry County Council Planning Authority Reg. Ref.: 08/195 Applicant: Kevin C. Murphy Type of Application: Permission Planning Authority Decision: Grant Permission Subject to Conditions Planning Appeal Appellant(s): Catherine Loitz Type of Appeal: Third Party Against Grant Observers: An Taisce Date of Site Inspection: 28.8.08 Inspector: John Taylor PL08.228827 An Bord Pleanála Page 1 of 9 1.0 LOCATION The site lies on the coast on the southern side of the Iveragh Peninsular approximately 2.75 kilometres to the east of Caherdaniel and 2 kilometres to the south-west of Castle Cove. National Secondary Road N70 (the Ring of Kerry) runs in a generally south-west to north- east direction approximately 500 metres to the north-west of the site. 2.0 SITE DESCRIPTION The site has a stated area of 0.313 hectares and consists of an irregularly shaped area of overgrown and unused land between a minor public road and the shore (at Cove Bay) within a small cluster of houses on both sides of the public road. The site appears at one time to have been agricultural, but has clearly not been used for such purposes for many years. Along the frontage, the public road runs in a south-east to north-west direction for a distance of approximately 105 metres before curving south-westwards close to the western end of the site and continuing westwards and north-westwards to a T junction with the N70. To the south-east, the road continues for a further 500 metres approximately before terminating close to the shore. The northern boundary of the site is defined by High Water Mark with Cove Bay beyond. To the west and east, the site is adjoined by other dwellings with further detached houses to the south on the opposite side of the road. The site is overgrown with vegetation including a number of trees of varying heights, particularly along the road frontage, and areas of reeds along the shore. The existing site entrance is located at the eastern end of the frontage. From that point, the site slopes down by approximately 6.5 metres to the shore. The public road serving the site is subject to the 80kph speed limit and is in moderate to poor surface condition. Along the site frontage, it has a carriageway width varying between 2.6 metres and 2.8 metres, with localised widening where the entrances to dwellings have been constructed. 3.0 THE PROPOSED DEVELOPMENT The proposed development consists of the construction of a single-storey dwelling of 94 square metres floor space, an effluent treatment unit and percolation area, and an improved entrance and access drive. The dwelling would be positioned broadly in the centre of the site set back by 14 metres from the road. It would be, at its closest, approximately 4.5 metres from high water mark and set into the slope with a finished floor level 2.3 metres above high water mark. A Landscaping Plan was lodged with the application indicating the retention of much of the existing vegetation and some new planting on both sides of the improved entrance. Water supply would be from the public mains. PL08.228827 An Bord Pleanála Page 2 of 9 4.0 THE DEVELOPMENT PLAN In the Kerry County Development Plan 2003-2009, the site lies in an area designated as Rural Secondary Special Amenity. Section 3.3.7 of the Plan states that areas of secondary special amenity constitute sensitive landscapes which can accommodate a limited level of development. The level of development will depend on the degree to which it can be integrated into the landscape. Subject to the provisions of Sections 3.3.4 and 3.3.8 of the Plan, residential development for use as primary places of residence will be favourably considered. Applicants for dwellings in these areas should therefore assess any proposed development with a view to achieving this. Copies of the relevant pages of the Plan are enclosed in the photograph pouch attached to this report. Development control guidance for residential development in rural and serviced areas is set out in Section 12.4 of the Plan. Section 11 of the plan deals with Zoning and Landscape. It includes a Rural Zoning Objective (ZL11-4) to regulate residential development in Rural Areas in accordance with the zoning designation of that area and the policies in Section 3 of the Plan. There is also a general zoning objective (ZL11-10) to protect the landscape of the county as a major economic asset as well as for its invaluable amenity value. Section 10.3 of the Plan contains objectives relating to development within the Coastal Development Zone, which, for planning purposes, is stated to be usually the area between High Water Mark and the nearest coastal road within visual influence of the sea (extract also enclosed). 5.0 PLANNING HISTORY In 1997, Kerry County Council decided to grant permission (Planning Authority Register Ref. 276/97) for a traditional dormer house and a boathouse on the site. Following a third party appeal by Catherine and Michael Loitz, the Bord refused permission (Ref. PL.08.102825) for the following reason: ‘Having regard to the policies expressed in section 8.2.2 of the current Kerry County Development Plan, it is considered that the proposed development, by reason of its location on a site which is exposed due to its close proximity to the water’s edge, to the West Cove pier located directly opposite and to the inadequate screening, would constitute an intrusive feature in this Area of Secondary Amenity and would contravene materially these policies, which are considered reasonable. The proposed development would, therefore, be contrary to the proper planning and sustainable development of the area.’ Details are also on file of a number of permissions for one-off dwellings in the area. PL08.228827 An Bord Pleanála Page 3 of 9 6.0 CONSULTATIONS AND REPORTS There are no consultation responses on file from any internal or external bodies. The Planner’s Report described the development and the site, outlined its Planning History and relevant Development Plan policy and the objections received from the Appellant and the Observer. It then expressed the view that traffic matters, effluent disposal, surface water disposal and residential amenities were not at issue. Visual impact was identified as the main issue, following the Bord’s refusal in 1997. The Report noted that the development was then for a large dormer-style dwelling and detached boathouse. The current proposal is for a small-scale single-storey dwelling which will integrate better and fall into the visual parameters of the existing cluster without extending the visual element further along the landscape. The Report concluded therefore that the subject development had addressed the concerns of the Bord and, subject to the de-exempting of any further development on site, would be acceptable. John O’Donoghue, T.D., enquired about the appeal, stating that he is most anxious for it to be processed. 7.0 THE PLANNING AUTHORITY’S DECISION Kerry County Council decided to grant permission subject to 14 conditions. Condition 2 requires the dwelling to be used as a permanent residence by the applicant for 7 years and Condition 3 prevented use of the dwelling as a holiday home/second home. Condition 5 provides that no additional structures shall be erected on site without prior approval. Condition 4 requires the developer to pay to the Planning Authority the sum of €1,549 in respect of public water and facilities benefiting the development. 8.0 GROUNDS OF APPEAL The Grounds of Appeal can be summarised as follows: • The appellant claims that the proposed development will impact on the flora (including Kerry Lilies and Kerry Orchids), fauna and trees on one of the last untouched water’s edge sites which until now has been agricultural. It is claimed that even a small building would destroy the natural harmony of this narrow site on the water’s edge. • Permission has already been refused by the Bord for a building on this site and the appellant is unaware of any change in policies since that time. • Concern is expressed that, due to the narrowness of the site, the building will be either too close to the road or to the water’s edge, especially at high tide. • It is mentioned that the whole area between Kenmare and Waterville contains a wealth of choice of recently built houses. A unique and natural site such as the subject site should be protected from development. PL08.228827 An Bord Pleanála Page 4 of 9 9.0 RESPONSE SUBMISSIONS The Applicant The Response Submissions can be summarised as follows: • The proposed site has not been used for agricultural purposes for a considerable number of years. A survey of the vegetation on site was undertaken by a known expert who also prepared the detail of the Landscaping Plan. He states that the Kerry Lily does not exist on the site. The dense growth requires thinning and the main tree species are being retained and additional planting proposed. The loss will not be significant and in any event Condition 14 ensures appropriate protection. • The proposed house, at just over 1000 square feet, is small and integrates well into the trees on the site. Tree loss will be confined to two hollies and areas of dense blackthorn. There will be minimal disturbance to the overall site (about 20% of the total site) to accommodate the house.
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