An Bord Pleanála Inspector’s Report Development: House and on site wastewater treatment system. Location: Srahgraddy, Bangor Erris, Ballina, Co Mayo Planning Application Planning Authority: Mayo County Council Planning Authority Reg. Ref.: 14/311 Applicant: David Cuffe Type of Application: Permission Planning Authority Decision: Grant Permission Planning Appeal Appellant: National Roads Authority Type of Appeals: 3rd v Grant Date of Site Inspection: 5th February 2015 Inspector: Dolores McCague PL 16.244204 An Bord Pleanála Page 1 of 22 1 SITE LOCATION AND DESCRIPTION 1.1 The site is located in the townland of Srahgraddy, 1.2km south of Bangor Erris, Ballina, Co Mayo. The site is separated from the town by the River Owenmore which is crossed by two bridges: one across the main channel and a second nearer the site crossing a smaller channel. The site is situated between the road and the river which is close to the rear of the site. 1.2 The site fronts onto the N59 National Secondary route, at a point were the maximum speed limit applies, with an access off a short private access road leading to an existing farmhouse. The access to the site is approx. 5m from the junction of the private driveway and the N59. 1.3 The site is located between a modern bungalow on the Bangor Erris side (north-east) and a farmhouse and outbuildings on the Mulranny side, set further back from the public road than the subject site. Both adjoining dwellings appear to be occupied. On the opposite side of the N59, an area of bogland, which is part of the Owenduff / Nephin SAC/SPA, slopes upwards from the road. The subject site is approx. 2m below road level. The site of the modern bungalow to the north- east is at road level and has been raised by filling. 1.4 Erris is a small town with two modern housing estates and a recently constructed wastewater treatment system; which can be seen on the OS aerial photograph of 2005. The Kiltane GAA clubhouse and pitch is located on the opposite side of the N59 close to the subject site and is accessed from both the N59 and a local road. The speed limit for the settlement of Bangor Erris is located to the north of the Kiltane GAA club access. Kiltane GAA club appears to play a central role in the community and the club is currently All Ireland Intermediate Championship runners up. 1.5 The site is given as 0.407ha. 2 PROPOSED DEVELOPMENT 2.1 The proposed development is the construction of a dormer dwelling house, detached domestic garage, packaged treatment system and PL 16.244204 An Bord Pleanála Page 2 of 22 raised polishing filter, all other ancillary site works and services. The proposal will involve raising the ground level. The proposed floor level is stated as 99.80m, existing ground level at this location is 98.282; levels are relative to 100m at the existing road entrance. 2.2 The house is stated to have a floor area of 250 sq. m., and the garage a floor area of 50 sq. m. The height of the proposed dwelling to ridge is 7.22m. 2.3 The water supply will be from the public mains 3 PLANNING AUTHORITY DECISION 3.1 Application lodged 26th June 2014. 3.2 Reports. 3.3 Roads Design Office Recommending refusal 1) unimproved section of National Secondary Road where the maximum speed limit applies, would endanger traffic safety; 2) precedent would reduce capacity; and recommending a number of conditions should permission be granted, including removal of existing road boundary fence and replacement along the line of the adjacent house. Entrance to be at the mutual boundary with the adjacent family home. 3.4 Planning report A report from the Acting Senior Executive Planner, 8/8/14, recommends refusal of permission for three reasons: 1) contrary to policy regarding controlling access to national roads; 2) traffic safety; 3) high winter water table and unsuitability of the site for on-site treatment of wastewater. 3.5 The period for considering the application extended to 19th November 2014. PL 16.244204 An Bord Pleanála Page 3 of 22 3.6 Letter submitted from the applicant, 10/10/14, stating that he has recently returned from Australia and that he wishes to build a house on family lands. It was his late grandmother's wish that he would return to work the land, and build a house. It is his intention to work the land with his uncle. He is an active member of the local community and plays football with the local club Kiltane, helping them to reach the all-Ireland final in 2013. 3.7 A report from the Senior Planner, 4/11/14, recommending a grant of permission based on: structurally weak area; applicant was given the site by his grandmother and has no other suitable lands; applicant proposes to utilise an existing residential & farm access; the proposed access point meets the development plan criteria for sight visibility and is safe in terms of visibility and alignment; the road fronting the site is a National Secondary Route, the N59, and is restricted road under Section 4.2.6 of the County Development Plan 2008-2014 but is lightly trafficked. Policy P/ED-A 1 to support the sustainable development of agriculture, is quoted in this regard. The report states that a greater weight can be given to this policy, in the circumstances. 3.8 Submissions – Prescribed Bodies 3.9 NRA , 14/7/14, the proposal is at variance with official policy; it would result in the intensification of an existing direct access to a national road contrary to official policy in relation to control of frontage development on national roads. 3.10 There are no observations on the file. 4 PLANNING HISTORY 001335 Oliver O'Boyle 22/05/2000 dwelling house and septic tank permission granted; existing dwelling to north-east. 01 1690 Patrick O'Boyle 18/07/2001 dwellinghouse and septic tank with puraflo system withdrawn (opposite side of the N 59, NPWS and IFI were consultees). PL 16.244204 An Bord Pleanála Page 4 of 22 5 GROUNDS OF APPEAL 5.1 A third party appeal has been submitted by the National Roads Authority, which includes: 5.2 The proposed development is facilitated by a direct access to the N59 at a location where a 100kph speed limit applies. 5.3 The authority considers that the development would be at variance with official policy to preserve safety, the level of service and carrying capacity of national roads and to protect the public investment in such roads as outlined in the Spatial Planning and National Roads Guidelines for Planning Authorities (DoECLG, 2012). 5.4 Policy P/ED-A 1 appears to relate to agriculture and agricultural diversification as opposed to rural residential development. The reference is to the Mayo CDP 2008-2014 and not the current plan. 5.5 It is not known if there are other lands available on the landholding that do not access the national road network at the location where the 100kph speed limit applies, or if there is any opportunity to use the existing house indicated on the submitted site layout plan as the applicants grandmothers dwelling as alternatives to a proposed development that, in the opinion of the Authority is at variance with official policy and raises significant road safety concerns. 5.6 A continuous white centreline road marking applies. 5.7 In the Spatial Planning and National Roads Guidelines for Planning Authorities (DoECLG, 2012) – the policy in relation to lands adjoining national roads with speed limits greater than 60kp, is to avoid the creation of any additional access point from new development or the generation of increased traffic from existing accesses to national roads. 5.8 The provision of a new house would increase traffic movements and be at variance with policy. 5.9 Road accident statistics demonstrate that accesses and the turning movements generated are a prime cause of road accidents. The road PL 16.244204 An Bord Pleanála Page 5 of 22 safety strategy 2013-2020 sets down a target of reducing the number of accesses onto national roads by 5% by 2020. 5.10 CDP policy is referred to. 5.11 CDP objective RD-01 outlines the objective to protect the capacity and safety of the national Road Network, complying with the Spatial Planning and National Roads Guidelines for Planning Authorities. No new accesses or development that generates increased traffic from existing accesses outside the 60kph speed limit will be permitted unless the development is considered to be of strategic importance. Per Spatial Planning and National Roads Guidelines for Planning Authorities (DoECLG, 2012) - extensions to and or domestic garages for existing occupied vacant permitted dwellings and replacement of occupied vacant dwellings along National Roads will be considered. In such cases the existing access may require upgrading where it is found to be substandard. The council are currently considering a variation to the plan which addresses section 16.1.2. 1 5.12 The Authority has not agreed on exceptional circumstances. 5.13 The proposed development by itself and the precedent it would endanger traffic safety and interfere with the free-flow of traffic. 5.14 The grounds cites statistics to demonstrate the importance of national roads. 6 RESPONSES 6.1 The Planning Authority 1 16.1.2 is quoted on page 16 of this report. PL 16.244204 An Bord Pleanála Page 6 of 22 6.2 The Planning Authority has responded to the grounds appeal, which includes: 6.3 The Council is bound by various national guidelines and development plan policies which are often conflicting and competing with each other.