An Bord Pleanála

INSPECTOR’S REPORT

DEVELOPMENT Demolish house and outbuildings and construct replacement house, garage, wastewater treatment system

LOCATION Annagh or Drumanilra TD, Knockvicar, , Co

PLANNING APPLICATION

Planning Authority Roscommon County Council

Planning Authority Reg. Ref. 14/135

Applicant Justina & Liam Gavin

Type of Application Permission

Planning Authority Decision Grant

PLANNING APPEAL

Appellant Neil McHugh

Type of Appeal Third Party

Observers None

DATE OF SITE INSPECTION: 17th October 2014

INSPECTOR: Mary Crowley

PL20.243600 An Bord Pleanála Page 1 1.0 SITE LOCATION AND DESCRIPTION

1.1 The appeal site with a stated area of 0.419 ha is located in a rural location in north Co on the shores of approximately 4km to the north west of the village of Knockvicar and 6km to the north of Boyle. The site is located within a secluded wooded setting and is accessed by a private road that serves the appeal site, agricultural land and an adjoining residential property. The appeal site forms part of a larger farm holding extending to 17 ha along the northern edge of Lough Key. A set of photographs of the site and its environs taken during the course of the site inspection is attached. I also refer the Board to the photographs of the site and environs that are available to view on submissions throughout the appeal file.

2.0 PROPOSED DEVELOPMENT

2.1 This is an application for planning permission for the demolition of the existing dwelling house (137.48sqm) and outbuildings (49.2sqm), construction of replacement dwelling house (315.4sqm), domestic garage (30.0sqm) and fuel store with new waste water treatment system and associated site development works. The proposed water supply is by means of a private well and the proposed waste water management / treatment is proposed by means of a new mechanical aeration unit with soil polishing filter.

2.2 The application was accompanied by the following: . Cover letter from the applicants agent, Advanced Planning & Design Services that included an Architects Statement . Photographic survey & sketches of dwelling to be demolished . Letter from the applicants setting out the reasons for the development and proposals to deal with any potential impacts to neighbouring residential properties . Landscape Proposal . Tree Survey . Site Suitability Assessment . Site Specific Report from Anua re proposed site waste water treatment system . Details of proposed Soil Polishing Filter

2.3 In a further submission (unsolicited further information date stamped 11th June 2014) from the applicants’ agent it is clarified that the western boundary will be augmented and reinforced with additional Holly Trees in order to provide screening to the adjoining property and dwelling house. It is also proposed to have the windows to the western elevation of the proposed house fitted with obscured glazing so that there will be no overlooking issue from the upper floor towards the adjoining property and dwelling house.

PL20.243600 An Bord Pleanála Page 2 3.0 TECHNICAL REPORTS

3.1 The Environment Section report notes mottling on the Site Characterisation Report in the Trial Hole and requested that a new trial hole be opened to establish the level mottling occurs together with the calculations of the polishing filter, proposed alarm system, long term maintenance agreement, volume of excess material to be excavated and where the excess material shall be deposited / reused on the existing lands. The report also recommended conditions relating to the use and movement of excavated site material and the requirement for a Project Construction and Demolition Waste Management Plan to be submitted.

3.2 The report of the Area Executive Engineer recommends that a condition be attached for the continuous hedge screen planting to enhance privacy at lower level and that the proposed 2 glazed openings in north west elevation be finished in frosted / obscure glazing

3.4 The comprehensive report of the Local Authority Planner may be summarised as follows: . The merits of this proposal do not undermine or contravene the Lough Key Local Area Plan 2009 – 2015 or the Roscommon County Development Plan 2014 – 2020

. The effluent disposal system proposed, if installed correctly, will appropriately percolate and attenuate the effluent prior to discharge to the ground

. The dwelling proposed represents an opportunity to develop an architecturally distinctive dwelling which may create a positive precedent for residential developments in this area

. The ample level of screening in place, combined with the separation distance between the proposed dwelling and the existing dwelling (c 70m west of the proposed dwelling) ensures that the proposal will not give rise to a significant residential impact upon the dwelling to the west of the site.

Accordingly the Local Authority Planner recommended that planning permission be granted subject to conditions. The notification of decision to grant planning issued by Roscommon County Council reflects this recommendation.

4.0 OBSERVATIONS / OBJECTIONS TO PLANNING AUTHORITY

4.1 There is one objection / observation recorded on the planning file from Neil McHugh (neighbouring property) who expresses concerns regarding inter alia the siting of the dwelling, boundary treatments, hedgerow removal and lane maintenance during

PL20.243600 An Bord Pleanála Page 3 construction, rural character and compliance with the current County Development Plan and Lough Key Local Area Plan.

5.0 PLANNING AUTHORITY DECISION

5.1 The Planning Authority issued notification of decision to grant planning permission subject to 11 generally standard conditions summarised as follows:

Condition No 1 development to be carried out in accordance with plans submitted

Condition No 2 effluent disposal

Condition No 3 effluent disposal certified compliance

Condition No 4 connection agreement with Irish Water

Condition No 5 road drainage

Condition No 6 surface water

Condition No 7 demolition materials to be removed by a licensed construction and demolition facility

Condition No 8 no additional trees or hedgerows to be removed

Condition No 9 domestic garage and fuel store

Condition No 10 development contribution

Condition No 11 notice of commencement in writing

6.0 PLANNING HISTORY

6.1 There is no evidence of any previous planning appeals on this site. However there was a previous planning application on the site for a proposed dwelling house, garage, proprietary effluent treatment system, soil polishing filter and associated works that was subsequently WITHDRAWN (Reg Ref PD/13/292refers).

7.0 THE DEVELOPMENT PLAN

7.1 The operative plan for the area is the Roscommon County Development Plan 2014 – 2020 and the Lough Key Local Area Plan 2009 – 2015.

PL20.243600 An Bord Pleanála Page 4 8.0 GROUNDS OF APPEAL

8.1 The third party appeal has been prepared and submitted by F Davitt Planning & Structural Design Engineers on behalf of the third party appellant Neil McHugh of Annagh or Drumanilra, Knockvicar, Co Roscommon (owner of house neighbouring the appeal site – site photos refer). The appeal may be summarised as follows:

8.2 Removal of existing mature trees and hedgerow - It is stated from the outset that the appellant does not object to the provision of the new dwelling in replacement of the existing dwelling of this site. The principal concern relates to the actual siting of the proposed property within an area of mature tree planting and within 5 m of the site boundary with the appellants property not only because these trees define and delineate the property boundary but that they also provide for screening and separation, shelter and amenity to our property – and if retained will do similar for the proposed dwelling.

8.3 Habitat & Landscape Impact – In addition the existing trees provide for established habitat connection, biodiversity and landscape value all within the context of Lough Key, an area of acknowledged landscape significance, sensitivity and value. It is submitted that the holding provides ample opportunity and space to appropriately locate the dwelling so as to avoid on the mature trees and boundary between the two existing dwellings.

8.4 Demolition - It is noted that Condition No 7 requires that existing on site structures be demolished. However it is pointed out that no time frame is specified for such works.

8.5 Landscape Report - The report submitted with the application makes play under “minimise the impact of the new dwellings” of the beneficial effect of planting 2.5m to 3m high trees. However, this is in replacement of the removal of circa 64 mature trees, out of a total of 99 which are between 10 to 20m on height and have existed in this location for many decades. It is further submitted that the proposed landscape measures are only outline in nature at best, with only a passing reference to species, numbers of trees and sizes etc which means that the reference to replacement landscaping within Condition No 8 of the notification to grant permission is meaningless and unenforceable. Moving the proposed dwelling away from the western boundary (a minimum of 20 m) would allow for full retention of the existing trees / planting and negate the requirements for the majority, if not all, of the proposed planting.

8.6 Tree Survey – it is noted that a tree survey was prepared and submitted with the planning application and while it is understood that a minority of trees are in poor condition, the vast majority are semi-mature / mature trees in good condition. It is considered that this survey did not inform the siting of the dwelling but is simply a

PL20.243600 An Bord Pleanála Page 5 rubber-stamping of the extensive tree removal required for the construction and delivery of the dwelling at this location. Further, the tree survey has not been carried out to the appropriate and accepted standard for all such surveys – BS 5837:2012 Trees in relation to design, demolition and construction – Recommendations.

8.7 Development Plans - The granting of permission for the development as proposed would be contrary to the proper planning and sustainable development of the area and contrary to the statutory planning policy framework for the Lough Key area and the County Development Plan in that:

. It fails to protect, retain an incorporate natural features, including trees – as would be required by the Aspects of Good Planning Practise and Policies 203, 218 and 221 as set out in Chapter 6 of the County Development Plan

. It gives rise to unnecessary impact on the landscape – as it does not follow the requirements of good planning practise in terms of location, siting and boundary treatment as set out in Chapter 6 of the County Development Plan

. It gives rise to unnecessary impact on the natural environment – as it runs contrary to Objective 255, 256 and 265 as set out in Chapter 8 of the County Development Plan and Objectives 77, 78 and 80 as set out in the Lough Key Local Area Plan

. The development, as a result of poor siting and tree removal, will impact on listed views and scenic routes on the west side of Lough Key

. The application does not have appropriate regard to the specific requirements of the Lough Key Local Area Plan in addressing development within this area and in terms of the sensitivity of the landscape

. In particular and with regard to the Lough Key Local Area Plan, the application does not have regard to the requirements of development in the sensitive landscape of Zone 1B, its landscape characteristics and the associated Design Guidelines for Residential Development in the Environs of Lough Key

8.8 It is submitted that the issues raised could be fully addressed and allayed by simply moving the proposed dwelling away from the western boundary (a minimum of 20m). Such a move would still allow for retention of the existing house during construction of the replacement dwelling but critically would also allow for the full and sustainable retention of the mature trees and tree-lined boundary that currently exists between these two neighbouring properties.

8.9 The appeal was accompanied by a copy of the appellants observations / objections submitted to Roscommon County Council dated 10th June 2014 together with site

PL20.243600 An Bord Pleanála Page 6 photos, a copy of Section 9.5 Design Guidelines for Residential Development in the Environs of Lough Key (extract from the Lough Key Local Area Plan 2009 – 2015) and a site location map.

9.0 FIRST PARTY RESPONSE TO THE THIRD PARTY APPEAL

9.1 The first party response to the third party appeal has been prepared and submitted by James O’Donnell, Planning Consultancy Services, Galway on behalf of the applicant and may be summarised as follows:

9.2 Dismiss Appeal - The appellant does not reside in the house approximately 65m west of the subject site and actually lives in . Furthermore, in a Land Registry Map submitted as part of the appeal, the appellant outlines the extent of his ownership. However as per the corresponding Land Registry File Plan this is registered in the ownership of Harvest Gale Ltd. In addition according to the Companies Registration Office the appellant does not appear to have any direct association with the aforementioned company. In this context the basis of the appeal appears to be questionable and should be dismissed on this basis.

9.3 Principle - The principle of residential development is established on site in the form of an old 2 storey farm house. The existing house is in poor condition and would not be suitable or feasible to refurbish to meet modern living standards and / or meet up to date Building Regulation’s and / or thermal insulation requirements.

9.4 Statutory Development Plan & Guidance - The proposed development is compliant with the provisions of the statutory planning documents for the area, namely the Roscommon County Development Plan and the Lough Key Local Area Plan and the Sustainable Rural housing Guidelines (2005) summarised as follows:

. The Roscommon Rural Design Guidelines have influenced the layout and design of the proposed development. This is apparent from the minimalist design, assimilation into the mid-slopes / contours of the site, low profile design and southern orientation

. The design, siting, proposed height and external materials together with the proposed landscaping scheme will facilitate a successful assimilation into the landscape. Designated views and view from the public realm will not be adversely affected

. The proposed replacement house represents a text book example of rural landscape integration. Accordingly the low impact siting, design, scale massing, southern orientation, sympathetic external materials and robust landscaping scheme will all combine to successful assimilate the proposed development into its rural setting

PL20.243600 An Bord Pleanála Page 7

. Owing to the existence of a dwelling on this site, the principle of development is established. The resulting design, layout and landscaping proposal are sensitive and constitute a high standard. The proposed development would not result in an obtrusive development as viewed from the public realm and would not interfere with protected views in the wider area.

9.5 Relevant Precedent – It is submitted that the Board has assessed the principle of demolition and replacement of single dwelling houses in the open countryside on numerous occasions.

. PL07.223900 – permission was granted by An Bord Pleanala in 2007 to demolish existing house and construct a replacement dwelling house, domestic shed, separate library room, treatment system and polishing filter at Cloonahaha, Gort, Co. Galway. The Boards Reasons and Considerations stated that “having regard to the size of the site, the pattern of development in the area and the existing modest dwelling on the site, it is considered that, subject to compliance with the conditions set out below, the proposed replacement dwelling would not seriously injure the amenities of the area or of property in the vicinity and would be acceptable in terms of the proper planning and sustainable development of the area.”

. PL07.218191 – permission was granted by the Board in October 2006 to demolish existing dwelling house, construct new dwelling house, using existing septic tank, and associated services at Kilcornan, (Dunkellin BY) Stradbally East, County Galway. The Boards Reasons and Considerations stated that “having regard to the pattern of development in the area, and in particular the extensive and secluded nature of the site and the location of the existing dwelling on the site in which location is proposed the replacement large dwelling well removed from the public road, 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, would not be prejudicial to public health and would be acceptable in terms of traffic safety and convenience. The proposed development would, therefore, be in accordance with the proper planning and sustainable development of the area.”

9.6 Compliance with Environmental & Technical Requirements – it is considered that the proposed development complies with all standard technical, environmental and amenity requirements that concern a rural dwelling house in relation to public health, traffic impact and public safety, built heritage impact, flood risk and environmental designations.

9.7 Visual Impact – the subject site is located in a secluded, well screened / wooded rural setting. The layout and positioning of the dwelling house is specifically

PL20.243600 An Bord Pleanála Page 8 designed to assimilate into the mid slopes of the site. The impact of the proposed development will be mitigated by the existing and proposed landscaping scheme, the low profile design and muted external finishes. In addition, the demolition of the two storey house and outbuildings and replacement by the proposed low profile spilt level house will result in a neutral outcome.

9.8 Impact on Landscape & Trees – a tree survey was carried out on the subject site that identified the species, position and condition of each of the trees on site and served to inform the landscaping proposals as well as the design and layout of the proposed replacement house on site. It is noted that the entirety of these trees lie within the ownership of the applicant’s site. Further

. No hedgerow, worthy of protection exists along the western boundary

. The majority of the existing trees along the western boundary consist of coniferous which are not native to the area, nor are they characteristic of the Lough Key sylvan landscape

. The deciduous trees that exist along this boundary are generally in poor condition, with no prime specimen worthy of protection. Although some could be retained if coppiced and rejuvenated

. Owning to the height and shallow roots of the mature conifers, these are unsafe and it would not be advisable for these trees to remain in situ in close proximity to a proposed dwelling house

. The proposed landscaping scheme would positively contribute to the native sylvan landscape of the area

9.9 Impact on Residential Amenity – the proposed low profile, spilt level house would be located approximately 65m away from the adjoining dwelling to the west. The latter dwelling faces south towards the lake, and therefore faces away from the proposed house. As such no overbearing or overshadowing impact will result in this case. In terms of overlooking, the dwelling house will be located >7m away from the common boundary and will be supplemented by proposed native landscaping including the plantation of semi mature trees. Furthermore the applicant proposes to install obscure glazing at first floor level along the western elevation, in order to mitigate against any overlooking of the adjoining property. In order to ensure that no overlooking occurs as a result of the proposed development, it is proposed to install a 1.8m high timber screen along the western edge of the first floor deck along the southern gable of the proposed dwelling house. This will mitigate against any perceived private amenity / overlooking issues with the adjoining property owner. This can be implemented by way of condition, should the Board consider it appropriate.

PL20.243600 An Bord Pleanála Page 9

9.10 The submission was accompanied by land registry details, company registration details together with a letter from Donovan Forestry Services indicating that “the proposal to replace these non-indigenous conifers with deciduous semi mature trees, combined with the retention and addition of juvenile holly trees and other hedgerow species would form an appropriate boundary treatment, and would in time positively contribute to the native sylvan landscape of the area.”

10.0 RESPONSE OF THE PLANNING AUTHORITY

10.1 No response from the Planning Authority is recorded on file.

11.0 OBSERVATION

11.1 No observations are recorded on file.

12.0 ASSESSMENT

12.1 Having regard to the information presented by the parties to the appeal and in the course of the planning application and my inspection of the appeal site, I consider that the main issues in this appeal can be addressed under the following headings: 1) Principle 2) Visual Impact 3) Amenity Impact 4) Other Issues . Drainage . Appropriate Assessment . Demolition

12.2 I note the concerns raised by the applicant in response to the appeal regarding title and ownership of the adjoining property. However I do not consider this matter to be pertinent to the appeal having regard to the planning issues raised in the appeal.

13.0 PRINCIPLE

13.1 This an application for the demolition of the existing habited dwelling house and the construction of a new dwelling house within the applicants farm holding. The proposed dwelling will also provide an independent living space for the applicants’ aunt, the farm having been her home for the last 50 years.

13.2 As set out in the Sustainable Rural Housing Guidelines for Planning Authorities (2005) proposals for replacement houses will be looked on favourably by the planning authority subject to satisfying normal planning consideration relating to the provision of safe access and the design and provision of any necessary wastewater

PL20.243600 An Bord Pleanála Page 10 disposal facilities. Further the Lough Key Local Area Plan identifies the subject site within Zone 1B where live planning permissions exist and the principle of development is established, applications for alternative development on the same site may be acceptable, subject to the requirements for Visual Impact Assessments outlined above. In such cases high standards of design and careful siting of development are essential if impacts on the lake are to be minimised.” It is noted that the applicant has inherited the farm from his uncle and that generations of the applicant’s family have lived on this farm for over two hundred years. Further the applicant has been in the organic farming scheme for 12 months employing two people part time and now stocks rare-breed cattle, sheep and pigs together with geese and hens for small scale organic meat productions. In my view the applicant demonstrates a rural housing need through their engagement in full time agriculture and is therefore an integral member of the sustainable development of this rural area.

13.3 Accordingly I am satisfied that the proposal to demolish the existing dwelling house and construct a new residential development on this site is acceptable in principle and would be consistent with both the Rural Housing Guidelines and the Lough Key Local Area Plan subject to the acceptance or otherwise of site specifics / other policies within the development plan and government guidance.

14.0 VISUAL IMPACT

14.1 The existing farm house and adjoining appeal site is accessed from a private road and is obscured from view from the nearest local road, due to its secluded setting in a heavily vegetated area. With regard to the scenic views as designated in the Lough Key LAP from the L1013 looking east across the lake I would agree with the applicant as set out in their submission to the appeal that these viewpoints are approximately 2km away from the appeal site and therefore owing to the intervening distances, the high concentration of mature deciduous tree cover in the area, the landscaping scheme proposed and the low impact design of the proposed contemporary dwelling, it is considered that the proposed development would result in a negligible visual impact as viewed from the L1013. Accordingly the proposed scheme is unlikely to interfere with designated scenic views.

14.2 I am satisfied that the overall proposal is sensitive to the conservation of the rural environment and the preservation of the quality and character of its location. Further I agree with the applicant that the layout and positioning of the dwelling house is specifically designed to assimilate into the mid slopes of the site and that this dwelling represents a concerted effort to provide a design solution which will blend sympathetically with the surrounding landscape.

PL20.243600 An Bord Pleanála Page 11 15.0 AMENITY IMPACT

15.1 The primary issues raised in the appeal relate to the loss of mature trees that define and delineate the property boundary shared between the appellant and the applicant and that according to the appellant provides for screening and separation together with shelter and amenity to the appellants property. The appellant wants the full and sustainable retention of the mature tree and tree lined boundary that currently exists between the two neighbouring properties.

15.2 As set out previously if is evident that the proposed house is designed to have a minimum impact on the surrounding landscape. According to the applicant it is proposed to remove 64 trees from the site, all of which are on the applicants property, originally planted as a shelter belt they are no longer serving the purpose for which they were intended and some of which pose a threat to the safety of the family and buildings serving only to block light to a considerable area of the holding. It is stated that the applicant is acutely aware of the importance of privacy and proposes to replace and significantly enhance the boundary screening with the supplementary planting of native species trees and hedging. Having regard to the proposed landscaping plan taken together with the design and positioning of the proposed dwelling incorporating proposals to insert glazed windows on the western elevation I am satisfied that there will be no adverse impact to adjoining residential amenities at this rural location.

16.0 OTHER ISSUES

16.1 Drainage - The relevant guidance in respect of individual wastewater treatment systems is provided by the EPA Code of Practice: Wastewater Treatment and Disposal Systems Serving Single Houses, 2009. I note the report of the Environment Section regarding the identification of mottling in the Site Characterisation Report in the Trial Hole at 1.6m below ground level and the request that a new trial hole be opened to establish the level mottling occurs. I also note the Environment Section concerns raised regarding gradient and the even distribution of effluent.

16.2 Having regard to the information available on the file I generally agree with the report of the Local Authority Planner that as the location of the percolation area has not changed from that proposed under PD-13-292 (previous planning application that was subsequently withdrawn) and where the holes were already inspected, it is considered unduly onerous to seek to have these same holes re-opened.

16.3 It is evident that the proposal seeks to significantly upgrade the system currently on site. Accordingly I consider that in all likelihood the risk to public health is much greater in respect of the existing waste water treatment system on site, than from the proposed new waste water treatment system and associated soil polishing filter. In

PL20.243600 An Bord Pleanála Page 12 line with the comments of the Local Authority Planner I agree that the upgrade of the system on site again represents a planning gain in accordance with Section 6.6 of the current EPA Guidelines for Single Houses. On this basis I consider a proprietary treatment system at this location, if installed correctly, would be adequate to percolate and attenuate the foul effluent generated by the proposed dwelling house without undue risk to public health. However, in line with the report of the Environment Section and having regard to the proximity of Lough Key and the remote location of the proposed treatment unit and the risk of run off entering Lough Key it is recommended that should planning permission be granted that an alarm system should be installed which would comprise of: a general plant alarm, a pressure alarm and a high level alarm together with a long term maintenance agreement.

16.4 Appropriate Assessment - Having regard to the nature and scale of the development and proximity to the nearest Natura 2000 site, I am satisfied that the proposed development either individually or in combination with other plans and projects would not be likely to have a significant effect on any designated Natura 2000 site and should not therefore be subject to appropriate Assessment.

16.3 Demolition - I note the concerns raised by the appellant regarding the demolition of the existing dwelling house on site and the absence of a time frame for the works specified in Condition No 7 in the notification of decision to grant permission.

Condition No 7 states as follows:

The existing site structures to be demolished, shall be removed from the site save for elements / material that can be utilised in the construction of the proposed development. Materials to be disposed of shall be removed by a licensed Construction and Demolition facility.

Reason – In the interests of visual amenity, orderly development and proper planning and sustainable development of the area

It is acknowledged that there is significant demolition and construction works associated with this proposed development and during this time there may be disruption to adjoining properties and users in terms of construction related noise and general disturbance. Such an impact is generally considered an inconvenience but short term in nature and therefore acceptable. However, having regard to the appeal submissions it is accepted that clarity on the time scale for demolition is important. Accordingly it is recommended that should the Board be minded to grant permission that the following condition be attached:

Construction and demolition waste shall be managed in accordance with a construction waste and demolition management plan, which shall be

PL20.243600 An Bord Pleanála Page 13 submitted to, and agreed in writing with, the planning authority prior to commencement of development. This plan shall be prepared in accordance with the “Best Practice Guidelines on the Preparation of Waste Management Plans for Construction and Demolition Projects”, published by the Department of the Environment, Heritage and Local Government in July 2006.

Reason: In the interests of sustainable waste management.

17.0 CONCLUSION

17.1 The site of the appeal is highly sensitive by reason of its rural sylvan location overlooking Lough Key which both informs and challenges the successful and appropriate development of this site. I am satisfied, having regard to the information available on the file together with my site inspection, that the case for demolition of the existing dwelling has been established and that the quality of the architectural design response to the site in terms of siting, form, scale, height and bulk balances the Development Plan objectives for the area and the physical constraints of the site with the need to protect the amenities of this rural location and adjoining properties. Overall I agree with the conclusions set out by the Local Authority Planner in their comprehensive report as follows:

. The merits of this proposal do not undermine or contravene the Lough Key Local Area Plan 2009 – 2015 or the Roscommon County Development Plan 2014 – 2020

. The effluent disposal system proposed, if installed correctly, will appropriately percolate and attenuate the effluent prior to discharge to the ground

. The sensitive and distinctive architectural design proposed demonstrates a clear understanding of context creating a positive reference for contemporary design solutions in a rural setting that harmonises with the landscape and respects established planning principles

. The ample level of screening in place, combined with the separation distance between the proposed dwelling and the existing dwelling (c 70m west of the proposed dwelling) ensures that the proposal will not give rise to a significant loss of residential amenity to adjoining properties to the west of the appeal site.

16.0 RECOMMENDATION

16.1 Based on the above assessment I recommend that permission be GRANTED for the proposed development for the reasons and considerations set out below

PL20.243600 An Bord Pleanála Page 14 17.0 REASONS AND CONSIDERATIONS

17.1 Having regard to the policies and objectives for the area as set out in the current Roscommon County Development Plan 2014 – 2020 and the Lough Key Local Area Plan 2009 – 2015, the rural location of the site, the established pattern of development in the area and the siting, scale and design of the proposed development it is considered that, subject to compliance with the conditions set out below, the proposed development would not be prejudicial to public health or safety and would not detract from the character and visual amenity of this rural area and would not seriously injure the residential amenities of the area or property in the vicinity. The proposed development would therefore be in accordance with the proper planning and sustainable development of the area.

18.0 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 the 11th June 2014, except as may otherwise be required in order to comply with the following conditions. Where such conditions require points of detail to be agreed with the planning authority, these matters shall be the subject of written agreement and shall be implemented in accordance with the agreed particulars. In default of agreement, the matter(s) in dispute shall be referred to An Bord Pleanála for determination.

Reason: In the interest of clarity.

2. All public service cables for the development, including electrical and telecommunications cables, shall be located underground throughout the site.

Reason: In the interest of visual amenity.

3. Water supply and drainage arrangements, including the disposal of surface water, shall comply with the requirements of the planning authority for such works.

Reason: To ensure adequate servicing of the development, and to prevent pollution.

4. The water supply to serve the proposed dwelling shall have sufficient yield to serve the proposed development, and the water quality shall be suitable for human consumption. Details, demonstrating compliance with these requirements, shall be submitted to, and agreed in writing with, the planning authority prior to commencement of development.

PL20.243600 An Bord Pleanála Page 15

Reason: To ensure that adequate water is provided to serve the proposed dwelling, in the interest of public health.

5. (a) The treatment plant and polishing filter shall be located, constructed and maintained in accordance with the details submitted to the planning authority, and in accordance with the requirements of the document “Wastewater Treatment Manual: Treatment Systems for Single Houses”, Environmental Protection Agency (current edition). No system other than the type proposed in the submissions shall be installed unless agreed in writing with the planning authority.

(b) An alarm system shall be installed which would comprise of a general plant alarm, a pressure alarm and a high level alarm

(c) Certification by the system manufacturer that the system has been properly installed shall be submitted to the planning authority within four weeks of the installation of the system.

(d) A maintenance contract for the treatment system shall be entered into and paid in advance for a minimum period of five years from the first occupancy of the dwelling house and thereafter shall be kept in place at all times. Signed and dated copies of the contract shall be submitted to, and agreed in writing with, the planning authority within four weeks of the installation.

(e) Surface water soakways 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 polishing filter.

(f) 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 that the proprietary effluent treatment system has been installed and commissioned in accordance with the approved details and is working in a satisfactory manner and that the polishing filter is constructed in accordance with the standards set out in the EPA document.

Reason: In the interest of public health.

6. The site shall be landscaped, using only indigenous deciduous trees and hedging species, in accordance with the scheme of landscaping submitted to the Planning Authority. Prior to commencement of work on site the following shall be submitted and agreed in writing with the planning authority:

PL20.243600 An Bord Pleanála Page 16 a) Proposals for a continuous hedge of indigenous species (e.g. holly, hawthorn, beech or field maple) to be planted for the full length of the western boundary

b) Proposals for the protection of all existing and new planting for the duration of construction works on site, together with proposals for adequate protection of new planting from damage until established

c) A timescale for implementation [including details of phasing], which shall provide for the planting] to be completed before the dwelling/building is first made available for occupation

Deciduous trees shall be planted at not less than 2 m in height and evergreen species at not more than 750mm in height. Species to be used shall not include either cupressocyparis x leylandii or grisellinia. Any plants which die, are removed or become seriously damaged or diseased, within a period of 5 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. Site development and building works shall be carried only out between the hours of 08.00 to 18.00 Mondays to Fridays inclusive, between 08.00 to 14.00 on Saturdays and not at all on Sundays and public holidays. Deviation from these times will only be allowed in exceptional circumstances where prior written approval has been received from the planning authority.

Reason: In order to safeguard the residential amenities of property in the vicinity.

8. Water supply and drainage arrangements, including the disposal of surface water, shall comply with the requirements of the planning authority for such works and services.

Reason: In the interest of public health and to ensure a proper standard of development.

9. All service cables associated with the proposed development (such as electrical, communal television, telephone and public lighting cables) shall be run underground within the site.

PL20.243600 An Bord Pleanála Page 17

Reason: In the interest of orderly development and the visual amenities of the area.

10. 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 plan shall provide details of intended construction practice for the development, including hours of working, noise management measures and off-site disposal of construction/demolition waste.

Reason: In the interests of public safety and residential amenity.

11 Construction and demolition waste shall be managed in accordance with a construction waste and demolition management plan, which shall be submitted to, and agreed in writing with, the planning authority prior to commencement of development. This plan shall be prepared in accordance with the “Best Practice Guidelines on the Preparation of Waste Management Plans for Construction and Demolition Projects”, published by the Department of the Environment, Heritage and Local Government in July 2006.

Reason: In the interests of sustainable waste management.

12 Details of the materials, colours and textures of all the external finishes to the proposed development shall be submitted to, and agreed in writing with, the planning authority prior to commencement of development.

Reason: In the interest of visual amenity.

13 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 and omitting a portion in respect of water services infrastructure in line with Circular Letter PS 21/2013. 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.

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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.

______Mary Crowley Inspectorate 22nd October 2014

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