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Inspector's Report ABP-303138-18

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inspector’s Report ABP-303138-18 Development Construct 40 houses to form part of the 'Sliabh Rosann' housing development (previously approved under planning application ref no 06/1075), Location 'Sliabh Rosann', Rosehill , Mullagh, Co Cavan Planning Authority Cavan County Council Planning Authority Reg. Ref. 17561 Applicant(s) LGS Investments Type of Application Permission Planning Authority Decision Grant Permission Type of Appeal Third Party Appellant(s) Residents of Sliabh Rosann Observer(s) None Date of Site Inspection 1st of March 2019 Inspector Angela Brereton ABP-303138-18 Inspector’s Report Page 1 of 41 Contents 1.0 Site Location and Description .............................................................................. 4 2.0 Proposed Development ....................................................................................... 5 3.0 Planning Authority Decision ................................................................................. 5 3.1. Decision ........................................................................................................ 5 3.2. Planning Authority Reports ........................................................................... 6 3.3. Other Technical Reports ............................................................................... 8 3.4. Prescribed Bodies ......................................................................................... 8 3.5. Third Party Observations .............................................................................. 8 4.0 Planning History ................................................................................................... 9 5.0 Policy and Context ............................................................................................... 9 5.1. National Policy .............................................................................................. 9 5.2. Cavan County Development Plan 2014-2020 ............................................. 10 5.3. Natural Heritage Designations .................................................................... 13 5.4. EIA Screening ............................................................................................. 13 6.0 The Appeal ........................................................................................................ 13 6.1. Grounds of Appeal ...................................................................................... 13 6.2. Applicant Response .................................................................................... 17 6.3. Planning Authority Response ...................................................................... 19 7.0 Assessment ....................................................................................................... 20 7.1. Principle of Development and Planning Policy ............................................ 20 7.2. Procedural issues ........................................................................................ 21 7.3. Regard to Planning History ......................................................................... 22 7.4. Design and Layout ...................................................................................... 23 7.5. Open Space/Landscaping ........................................................................... 25 ABP-303138-18 Inspector’s Report Page 2 of 41 7.6. Impact on the Character and Amenities of the Area .................................... 27 7.7. Access and Traffic ....................................................................................... 27 7.8. Drainage and Flooding ................................................................................ 29 7.9. Construction Management .......................................................................... 30 7.10. Phasing and Security ............................................................................... 31 7.11. Screening for AA ...................................................................................... 32 8.0 Recommendation ............................................................................................... 34 9.0 Reasons and Considerations ............................................................................. 34 10.0 Conditions ................................................................................................... 34 ABP-303138-18 Inspector’s Report Page 3 of 41 1.0 Site Location and Description 1.1. The subject site is located within the Mullagh Development Boundary, in the townland of Rosehill, approx.250m west of the large multi-national, Wellmans International Ltd. Access is via the existing access off local road L-3010 (Kells Road) and is to the east of the junction with the Regional Road R194. Mullagh is in the south-east of County Cavan and relatively close to the border with County Meath and the M3 motorway. 1.2. The site is part of an unfinished housing estate and is located to the rear of 9no. houses which are constructed to the front of the site facing the road. These comprise 5no. detached 2 storey houses facing the green area set back from the entrance and 2 semi-detached pairs along the western boundary all of which are occupied. There is also a semi-detached pair that are still under construction proximate to the latter which will make 11no. houses in total constructed. 1.3. The topography of the site is elevated and the site rises approx.15-20m from the level of the public road to the rear of the site. There are no significant trees on site, which is mainly upland gorse/scrub. There are hedgerows along the eastern, western and northern site boundaries which need to be retained. 1.4. The land to the west and north of the site is currently in agricultural use and is in the rural area outside the development boundaries of Mullagh. The existing housing development appears suburban in nature in view of the elevated nature of the site and being at the edge of the rural area. There are other similar estate type housing developments in Mullagh particularly with access from the R194. There are residential estates on the opposite site of the road at a lower level. These consist of single and two storey houses. There are two storey terraced houses to the east of the site. 1.5. There is an unsurfaced gated agricultural access lane to the west of the site. The entrance to this lane is from the L-3010. The site is within the urban area speed limits –60km/h. There is a section of footpath along the site frontage which continues along the frontage of the terraced housing to the east. The footpath to Mullagh town centre is on the opposite side of the road. The site is visible in the surrounding area. There are views of the elevated site particularly looking towards the town from the industrial use to the east. ABP-303138-18 Inspector’s Report Page 4 of 41 2.0 Proposed Development 2.1. This is to construct the following: (A) – 20 no.3 bed two storey semi-detached dwellings (B) - 20no. 4 bed two storey semi-detached dwellings (C) - form connections to all public services, together with all associated site works. All to form part of the ‘Sliabh Rosann’ housing development (previously approved under Reg.Ref. 06/1075). The application includes the following: • Design Statement • Statement of Screening for Appropriate Assessment • Foul, Surface Water, Attenuation Calculations & Details • A Schedule of Drawings 3.0 Planning Authority Decision 3.1. Decision On the 21st of February 2018, Cavan County Council, granted permission for the proposed development subject to 24no. conditions. These conditions are generally relative to infrastructure (roads/access and water/drainage), lighting, Part V, landscaping/boundary treatment, construction management and development contributions. These include the following: • Condition no.1 restricts the number of houses to 38. • Condition no.7 restricts construction traffic to the access lane to the west. • Condition no. refers to boundary treatment. • Condition no.14 refers to the open space/astro turf/park. • Condition no.15 provides for a phasing plan for the delivery of the open space. • Condition no.22 refers to the implementation of the roads layout. ABP-303138-18 Inspector’s Report Page 5 of 41 3.2. Planning Authority Reports 3.2.1. Planner’s Report This has regard to the locational context of the site, planning history and policy, the documentation submitted including the technical reports and to the submissions made. Their comments include the following: • The site is on land zoned ‘Proposed Residential’ in the development boundary of Mullagh. • The proposal seeks to complete an unfinished housing estate that was granted in 2006. They note that 9 houses are now completed and occupied to the front of the site. • In 2017 permission was granted to complete the two houses on site. • Having regard to the location of the site, they consider the proposed density to be acceptable. • They had regard to the Design Statement and to compliance with planning policy. • Due to the elevated nature of the site, they have concerns regarding the height of the proposed dwelling to the rear (highest part) of the site. • They consider that there is a need for a single storey type C dwelling to replace the proposed units nos. 15-28 at the rear of the site. They also refer to ground levels. This would have less of an impact and reduce any overlooking. • They had some concerns about private open space being north facing. • They consider the location of the public open space to include a play area to be reasonable. • They
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