An Bord Pleanala

Inspector’s Report

Development Construction of a crash repair garage and ancillary works at Kilbride, Newport, .

Planning Application

Planning Authority: Mayo County Council

Planning Authority Reference: 07/1268

Applicant: Peter Ryder

Type of Application: Permission

Planning Authority Decision: 14 th March 2008

Planning Appeal

Appellant: National Roads Authoritty

Type of Appeal: Third Party

Observer Councillor Frank Chambers

Date of Inspection: 2nd August 2008

Inspector: James Burke

PL16.228592 An Bord Pleanala Page 1 of 10

1 1.0 Site description and location

The site, the subject of this appeal, covers 0.12 hectares with the southern boundary extending for 50 metres, the northern boundary measuring 30 metres and width reaching just over 30 metres whilst the tapered frontage to the west stretches over 35 metres in length. The appeal site is located 1.5 metres south of Newport and situated immediately to the west of the N59 Newport to Westport National Secondary Route where there is a 100 kilometre per hour speed limit, with solid white line, and opposite a road junction where a minor road leads eastwards towards Cuilmore. The appeal site is also located to the north of the appellant’s dwelling and is an open area partially surrounded by bushes where dismantled vehicles and parts are stored on the site with an existing access leading directly onto the N59 road. An existing workshop is positioned to the rear of the applicant’s dwelling and this is kept tidy and very well screened from the public highway by trees and bushes along its boundaries. A bungalow is situated close to the south of the applicant’s dwelling and farmhouse some distance to the north. A layby extends alongside the public highway just north of the appeal site. The landscape is undulating in character with hills rising quite sharply to the rear and the settlement pattern reflects the rural nature of the area with farm houses sporadically scattered around the surrounding countryside. Appendix A shows the appeal site and surrounding area.

1.1 The proposed development

The applicant seeks the erection of a pitched roof garage for crash repairs with landscape and ancillary workshop. The dimensions of the garage are shown at 20 metres in length, 14 metres in width and overall ridge height of 7 metres, although the eaves height will reach 4.5 metres, and two metal roller shuttered doors, entrance door and window are indicated on the front elevation. Windows are also shown on the side elevations and the external finishes are shown as painted render applied to lower part of the proposed building and plastic cladding to the upper part and roof. The siting of the proposal is shown at 4 metres from the rear boundary and 3 metres from the northern boundary of the site and 19 metres north-east of the appellant’s dwelling house. Access to the site is shown close to the south-east corner and has a width of 10 metres and twelve parking bays are provided. The actual layout of the building demonstrates seven bays with lift area and spaces shown for spray booth and drying, storage and mixing .

2 The applicant’s agent has indicated it is the intention to consolidate existing activities under one roof, so to speak, and keep the apron to the front of the dwelling and public highway free from vehicles as well as transfer facilities from the existing workshop to the proposed building. In addition, a revised plan has been submitted illustrating sight lines of 215 metres towards Westport and 165 metres in the direction of Newport, respectively, and the repositioning of the bus parking bay.

1.2 Planning history

None.

1.3 Planning Authority decision

The original application was received by the Planning Authority on 21 st May 2008 and internal and external consultations were carried out in assessing the proposed development. The considered the application was at variance with national policy regarding frontage development on national roads. An Taisce felt the proposal would lead to an inappropriate intensification of unauthorised development on a . The Mayo National Roads Design Office in considering the development requested a Road Safety Audit. This was duly submitted and the following issues were raised by the Audit Team:

i) Vehicles leaving the proposed access will not be an issue provided adequate visibility is provided and the bus parking area is relocated; ii) Details of radii at the access need to be provided.

In consequence, the applicant’s agent sought to address the issues in submitting a revised layout on 19 th February 2008. The planning officer’s report recommended refusal on the basis of being contrary to Development Plan policy regarding the restriction of development along national roads in the interests of highway safety. However, this recommendation was overturned under Article 31(K) of the Planning and Development Regulations 2001 for reasons of betterment of the existing use and in the interests of the advancement of a sustainable form of development, and conditional planning permission was granted on 12 th March 2008.

3 1.4 Relevant development plans, policies and documents

Mayo County Development Plan (CDP) 2003 – 2009

At the time of determination of the application this CDP was considered to be the relevant development plan and Objective TI-NS 3 of the document stated that the Council, in co-operation with the National Roads Authority will seek to restrict developments onto National Secondary roads in the interest of road safety. Section 4.11.2 entitled ‘Controlled Roads’ of the CDP stated that new development will generally be restricted where a 100 Kilometre per hour speed limit exists.

Mayo County Development Plan (CDP) 2008 – 2014

This document supersedes the previous CDP and was adopted in May 2008. In terms of industrial development Policy P/ED-IE3 of the CDP encourages and seeks to facilitate home-based employment of appropriate type, size and scale, subject at all times to the consideration of the proper planning and sustainable development of the area. In terms of road infrastructure Policy P/TI-R 1 of the CDP, in conjunction with all statutory agencies, seeks to assist in the provision of a high quality road network to appropriate capacity and safety standards, to cater for the economic and social development of the County. Policy P/ TI-R 2 of the CDP seeks to protect the capacity and safety of the National Road network in the County and to support the National Roads Authority policy statement on Development Management and Access to National Roads (2006). Objective O/ TI-R 1 of the CDP seeks to restrict development along the National Road network in the interests of traffic safety and to protect investment in the National Road network. Part 4 of the new CDP includes development management guidelines where planning standards and best practice is applied and these are included in Appendix B. Paragraph 4.10.10 makes specific references to service garages, workshops and car showrooms in terms of layout, design and landscaping, details of which are also included in Appendix C.

Policy Statement on Development Management and Access to National Roads 2006

4 Essentially, in the interests of highway safety, this document seeks to restrict new access points onto national roads reflecting advice contained in the documents “Development Control Advice and Guidelines” (1982) and “Policy and Planning Framework for Roads” (1985). The 1982 document states that “ As a general policy, the location of new means of access to the National Primary Roads, or residential, commercial, industrial or other development dependent on such means of access should not be permitted except in areas where a speed limit of 30-40 mph [equivalent to 50-60 kph] applies, or in the case of infilling, in the existing built-up areas ”. The document points out that the same considerations also apply to national secondary roads. The document states that where planning applications involve a new entrance to a national road or changes to an existing entrance layout these must be accompanied by a road safety audit to assess the safety implications of the proposed development and identify appropriate measures to maintain safety standards.

1.6 Grounds of appeal by third party

The appellant, the National Roads Authority, considers the proposal at variance with national policy for the following reasons: • The development is located on a section of the National Road where 100km speed limit applies endangering public safety by reason of traffic hazard due to increased traffic movements • The proposal would , if approved, create a new access on the N59 at a location where the national speed limit applies contrary to national policy on frontage development on national roads • The proposal would set a precedent • The proposal is contrary to the Mayo CDP policies.

1.7 Response to grounds of appeal

The applicant’s agent made the following points in response to the issues raised by the appellant: 1. The applicant has sought, with the respective authorities, to improve the access and egress to his dwelling house and workshop as the existing entrance is unsatisfactory and a hazard and danger to vehicles on the N59; 2. In accordance with legislation more space is needed for new equipment; 3. The Road Safety Audit Team considered the proposal would not

5 endanger the public or create a traffic hazard; 4. All parties engaged in considering the highways aspect of the proposal felt, that subject to appropriate conditions, it would be an improvement on the current situation; 5. The proposed development would not generate extra traffic and instead provide parking for road vehicles; 6. Planning permission was recently given for the other commercial premises in the vicinity of the appeal site and on the N59.

Mayo County Council in considering the appeal felt there was an established use on the appeal site and that even if the appeal was upheld the use would continue. The Council believed the report issued by Road Safety Audit Team demonstrated the proposal would result in improvement on the existing situation, especially with the imposition of appropriate conditions. The Council also concluded that the proposed development would result in the enhancement of activities at this location.

1.8 Observations

In a letter dated 30 th April 2008 the local county councillor commented that the proposed development would result in improvements to the current situation and minimize any potential traffic incident on the N59, and in fact improve safety for motorists using this national secondary road.

1.9 Assessment

The main consideration in determining this appeal is highway safety. Both national and CDP policies discourage the formation of new access points onto national roads, except where there are mitigating circumstances. The NRA has serious reservations about the proposal based on advice contained in the documents Development Control Advice and Guidelines (1982) and Policy and Planning Framework for Roads (1985). However, whilst these guidelines are broadly applicable both the NRA and Planning Authorities, Mayo County Council in this case, recommend the use of a Road Safety Audit where concerns are expressed about highway safety. It appears in this case the Audit Team considered that, subject to the imposition of appropriate measures, development of the nature proposed maybe acceptable in the said location given that the road leading to the T- junction opposite the site experiences low traffic levels. The measures suggested by the applicant’s agent to some extent meet the requirements

6 outlined in Part 4 of the new CDP relating to development management guidelines and detailed in Appendix B of this report. The prevailing circumstances in this case also relate to a workshop somewhat physically constrained and with potential to endanger passing traffic. As mentioned earlier Policy P/ED-IE3 of the CDP encourages home based industries as these can be interpreted as being sustainable. The applicant is offering an alternative to resolving the situation following discussions with various authorities at the pre-application stage. Recognition has to be given to the fact that stretches of the N59 have experienced serious accidents and any proposed development must avoid any potential traffic hazard. The revised drawings received by the Planning Authority on 19 th February 2008 do go someway to meeting the highway standards set out in the Mayo CDP even though there is a slight shortfall in sightline distance toward Newport. The resiting of the bus parking bay will also assist in providing suitable visibility. If the Bord is minded to approve the proposed workshop but still has concerns about the traffic implications it maybe more appropriate to grant temporary consent in order to monitor the situation. In terms of layout, design and landscaping the proposal is acceptable and in keeping with the character of the area, and complies with the criteria set out in Section 4.10.10 of the Mayo CDP.

1.9 Conclusion

On balance, it is considered that the area would benefit from the proposed development in terms of alleviation of traffic movements and any potential hazard. There would be improvements in visual amenities of the area by the removal of vehicles to the front of the applicant’s dwelling and enhancement of the appearance of the appeal site. In addition, the resiting of the workshop would be of benefit to the amenities of the applicant, and likewise to the amenities of the neighbouring occupants of the dwelling to the south.

2.0 Recommendation

It is recommended that permission be granted for the proposed development described herewith for the following reasons and considerations and subject to the conditions outlined below:

7 Reasons and considerations

Having regard to the provisions of the Mayo County Development Plan 2008-2014, the future requirements of the applicant, and amenities of the area, it is considered that subject to compliance with appropriate conditions the proposed development would be in accordance with the proper planning and sustainable development of the area.

Conditions

1. No advertisement or advertisement structure, the exhibition or erection of which would otherwise constitute exempted development under the Planning and Development Regulations, 2001, shall be displayed or erected (on the building/within the curtilage of the site) without the agreement of the planning authority. Reason: In the interest of visual amenity.

2. 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.

3. Water supply and drainage arrangements, including the disposal of surface water, shall omply 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.

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4. The development shall be carried out in accordance with the plans and particulars lodged with the application as amended by the drawings (or further plans and particulars) received by the planning authority on the 19th day of February 2008, except as may otherwise be required in order to comply with the following conditions. Reason: In the interest of clarity.

5. Prior to commencement of the construction of the workshop, details of the materials, colours and textures of all the external finishes to the proposed workshop shall be submitted to the planning authority for agreement. Reason: In the interest of orderly development and the visual amenities of the area.

6. The internal road network serving the proposed development, including turning bays, junctions, parking areas, footpaths and kerbs shall be in accordance with the detailed requirements of the planning authority for such works. Reason: In the interest of amenities and public safety.

7. Prior to commencement of development the developer shall submit, and obtain the written agreement of the planning authority to, a plan containing details for the management of waste (and, in particular, recyclable materials) within the development, including the provision of facilities for the storage, separation and collection of the waste and, in particular, recyclable materials, and for the ongoing peration of these facilities. Reason: To provide for the appropriate management of waste and, in particular recyclable materials, in the interest of protecting the environment.

8. The use of the existing workshop shall be ancillary to the use of the main house once use of the proposed workshop hereby approved commences. The building shall not be sold or let as an independent living unit. Reason: In the interest of residential amenity.

9. Details of the front boundary treatment of the site, including access gates, shall be submitted to and approved in writing by the planning authority prior to the commencement of the development hereby approved.

9 Reason: In the interest of visual amenity.

10. No vehicles or any other obstructions shall be parked or stored on the area delineated ‘C’ on the revised drawing number 01/b received on 19 th February 2008. Reason: In the interests of amenities and public safety.

11. The site shall be landscaped in accordance with a scheme of landscaping, details of which shall be submitted to the planning authority for agreement before development commences. The scheme shall include a timescale for its mplementation. Reason: In the interest of visual amenity.

James Burke Planning Inspector

11 th August 2008

10 Appendices

Appendix A: Photographs of the appeal site and its surroundings

Appendix B: Extracts from Part 4 of the New Mayo County Development Plan 2008-2014

Appendix C: Extracts from Part 4 of the New Mayo County Development Plan 2008-2014

11 Appendix A Appendix B

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Appendix C

4.10.10 SERVICE GARAGES, WORKSHOPS & CAR SHOWROOMS Layout All business must be conducted within the site curtilage of the development (i.e. repairs, parking or selling of vehicles). Vehicles associated with these developments shall not obstruct the public footpaths or carriageway. The layout of the site must also include for the parking requirements as set out in Table 4.8. The access points must provide vision in accordance with Section 4.2.3. Design The buildings/structures required on site shall be designed and sited so that that they integrate into the surrounding landscape/streetscape and do not dominate the surrounding landscape and buildings. Special designs may be required for specific locations. Garages and workshops should provide sufficient on-site storage for redundant bodies, parts, waste oils and other waste prior to disposal by recycling. Such storage shall be located and designed so that it is not obtrusive on the surrounding environment. Waste oils should not be disposed of in public or private sewer systems or discharged into watercourses. All surface water drainage systems to be fitted with petrol/oil interceptor traps. Landscaping Hard and soft landscaping and boundary treatment are important elements in the design of service garages, workshops and car showrooms. Detailed landscaping and screening proposals shall be submitted for consideration.

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