An Bord Pleanála Inspector’s Report PL09.239130 House, Garage and Associated Works at Athgarrett Crossroads, Eadestwon, Naas, Co. Kildare PLANNING APPLICATION Planning Authority: Kildare County Council Planning Authority Reg. No: 11/403 Applicant: Jamie Johnson Planning Authority Decision: Refuse Permission APPEAL Appellants: Jamie Johnson Type of Appeal: First Party – V- Decision DATE OF SITE INSPECTION: 19 th of September 2011 Inspector: Caryn Coogan _____________________________________________________________________ PL09.239214 An Bord Pleanála Page 1 of 10 1.0 THE SITE 1.1 The appeal site is 1km south of Eadestown village, and 7Km south of Naas in rural Co. Kildare. Athgarrett Crossroads is a rural area, where the land is predominantly used for agriculture, but it is obvious the road frontage has suffered a considerable level of development pressure in the form of one off housing. In close proximity to the subject site there are 3No. recently constructed dwellings aligning the narrow county road to the immediate north of the site. 1.2 The site is an infill site with dwellings on both sides, and it is 0.42 ha and rectangular in shape. It is relatively flat site, with the lad rising to the rear. The site faces the road in a south-westerly direction, with broken hedgerows hedgerow boundaries along three boundaries i.e. the north-eastern, south-eastern and north western. There is a derelict building along the roadside boundary adjacent to the site entrance. To the north west there is a bungalow looking into the site because the site is exposed along this boundary. 1.3 Trial holes were dug out and left exposed in the field. The soil is clearly free draining with no waterlogging evident on site. The road fronting the site is a narrow rural road. There is an existing site entrance at the eastern extremity of the roadside boundary. 2.0 THE PLANNING APPLICATION 2.1 PROPOSED DEVELOPMENT The development is a dormer style dwelling with a detached double garage, with a recessed entrance, on site effluent treatment system, percolation area and all associated site works. The application was accompanied by a comprehensive planning report outlining the applicant’s local needs. 2.2 SUBMISSIONS RECIEVED There were no objections to the proposal. 2.3 PLANNING AUTHORITY’S REPORTS The Departmental reports from the EHO, Water Services, and Transportation had no objection to the proposed development. Planning Report The applicant has not demonstrated compliance with the local need criteria as the site is 10km from his parents dwelling. There are no other immediate family members in proximity to the site. The dwelling is inappropriate in terms of scale and massing and bears no relationship to the dwellings in the area. The applicant’s father was previously refused planning permission on the site. A Refusal is recommended. Environmental Section _____________________________________________________________________ PL09.239214 An Bord Pleanála Page 2 of 10 Further information is required regarding a cross section in compliance with Section 6 Annex C.3 of the EPA Code of Practice for Wastewater Treatment Systems. Road Report No objections subject to certain conditions. Water Services No objections subject to certain conditions 2.5 PLANNING AUTHORITY’S DECISION Kildare County Council refused the proposed development for 4No. reasons: 1. The applicant does not comply with the local need policies of the current development plan 2. The proposal materially contravenes RH3 of the CDP in relation to Rural housing policies 3. It is an inappropriate design and materially contravenes Policy RH 5 of the CDP. 4. It is contrary to the RPG. 3.0 THE APPEAL 3.1 THE GROUNDS OF APPEAL Vincent Farry has made an appeal on behalf of the applicant. There were four reasons of refusal. There are three related to rural housing policy with the Council concluding the applicant had no links to the area. The applicant has submitted on appeal that he complies in full with the rural housing policy of the current development plan. He was born and reared in the area, he is a returning immigrant and he seeks to erect a house on lands owned by his father. I will summarise the relevant grounds of appeal in order to avoid undue repetition. (i) Rural housing Policy (a) National Planning Policy National policy seeks to permit houses in rural areas, especially to those who have lived in a rural area wishes to erect a new dwelling in the countryside. Section 3.2.3 of the Sustainable Rural Housing allows for returning emigrants to return to their home place to which they have social, cultural and economic ties. (b) Local Planning Policy The applicant is a fulltime farmer on family land and he complies with adopted hierarchy of the settlement strategy for a dwelling in a rural area. (ii) Rural Housing Eligibility Test (a) Family Background The applicant’s mother was raised in the area and her extended family live locally and her father farmed land locally. Her husband Dermot Johnson was from the outskirts of Naas, and they built their martial home near Calliaghstown, where the applicant was raised. The family were involved in various local clubs. The applicant was born in 1988 and made his Holy Communion 1 km from the site. He attended Rathmore N.S. and _____________________________________________________________________ PL09.239214 An Bord Pleanála Page 3 of 10 was a member of Eadestown GAA Club. The family own two separate farms in the locality, one owned by his father and the other owned by his uncle, 3kms from the subject site. (b) Migration The applicant emigrated in 2008 and currently resides in Australia, working on a 9000acre farm in Victoria, Australia. He now wishes to return home to work on lands owned by his uncle Sean Dowling, where he worked as a child. (c) Submission The Board is invited to assess the proposal in light of Section 3.2.3 of the Sustainable Rural Housing Guidelines. The applicant squarely falls within the category ‘Persons who are an intrinsic part of the rural community’, and returning emigrants. The applicant Is prepared to enter into a legal agreement restricting the occupancy of the proposed dwelling for seven years. It is similar to case PL09.23802. (iii) The Built Environment The height of the proposed two storey dwelling is 7.2metres, it has been designed to appear as a single storey dwelling when viewed from the front boundary. The building line is setback 47.3metres and the garden will be landscaped. (a) Visual Amenity It is unacceptable for persons with strong rural ties to an area to be forced to live in urban locations and commute to the rural area. The site is relatively level with no scenic features. There are no features on the site. Given the maturity of existing boundary vegetation and proposals to undertake additional planting and mounding, the visual impact of the dwelling will impose a reasonable level of tolerance. The dwelling is of low profile also. There will be no overlooking, overshadowing, visual intrusion as a result of the proposal. Grounds of Appeal Three of the reasons for refusal relate to housing policy. The planning authority has not acknowledged that the applicant will built on his father’s land and that the applicant has connections with the locality. The key issue relates to the actual distance between the appeal site and the applicant’s former home, and the policy states must be within 5Kms of the original family home. It is stated that 5Km should be taken as a guideline and not a rule. Appendix A contains a map which identifies 26 sites where the applicant’s relatives reside between Eadestown and Kilteel. In this case, the appellant’s future workplace is in the locality, which is 3kms from the site. If the applicant were to construct a house at his original home, he would be 7ms from his workplace. The planning histories for the Kilteel/ Rathmore area suggest the elevated topography and sloping terrain are not suitable for housing, and if the applicant were to build a house near his original home, it would be at variance with the County Development for absorbing housing in that area. There is no disputing between the parties that the applicant Mr. Johnson is from the area and he wishes to return to work with his uncle on family owned land. The dwelling by reason of it’s size, bulk and design would not be out of character in the rural area. _____________________________________________________________________ PL09.239214 An Bord Pleanála Page 4 of 10 4.0 PLANNING HISTORY 07/2977 Permission was refused to the applicant’s father on the site in 2007 for a dwelling on the site. The reasons for refusal related to non-compliance with the rural housing policy contained in the County Development Plan 2005-2011. 5.0 STATURY FRAMEWORK National Planning Policy 1. Sustainable Development: A Strategy for Ireland 2. National Spatial Strategy 3. Rural Settlement Strategy 4. Sustainable Rural Housing Guidelines for Planning Authorities These guidelines, published in April 2005, were foreshadowed in the National Spatial Strategy. They follow on from and elaborate on the guidance in the National Spatial Strategy. The guidelines set out overarching policy objectives for planning authorities as follows: - ▪ The importance of supporting development needed to sustain and renew established rural communities. ▪ The need to ensure that the planning system guides development to the right locations in rural areas, in the interest of protecting natural and manmade assets in those areas. ▪ The need to analyse the different types of economic, social and physical circumstances of different types of rural areas and to tailor planning policies to respond to these differing local circumstances. The guidelines repeat the need for planning authorities to identify and distinguish the four types of rural area categorised in the National Spatial Strategy namely, rural areas under strong urban influence, stronger rural areas, structurally weaker rural areas and areas with clustered settlement patterns.