An Bord Pleanála Inspector’s Report PL07.239541 PROPOSED DEVELOPMENT: Mixed use development (9,040 square metres gross) comprising anchor retail unit (4,300 square metres gross); 3 no. retail warehouse type units including DIY centre; drive-thru restaurant and ancillary development. LOCATION: Townparks, 1st Division, Tuam, County Galway PLANNING APPLICATION Planning Authority (P.A.): Galway County Council P.A. Reg. Ref.: 11/447 Applicant: Pat Donoghue Application Type: Permission P.A. Decision: Grant Permission subject to Conditions PLANNING APPEAL Appellants: 1. Kieran Lyons; 2. RGDATA Type of Appeal: Third Parties –v- Grant Site Inspection: 3 November 2011 Appendices: Photographs and Key Map; Site Location Sketches; Development Plan Extracts. ___________________________________________________________________________ PL07.239541 An Bord Pleanála Page 1 of 26 1.0 INTRODUCTION 1.1 In this case there are two third party appeals against the decision of Galway County Council to grant permission, subject to conditions, for a retail development adjoining the N17 road at Tuam. 1.2 The appeal site has been the subject of previous proposals considered on appeal by An Bord Pleanala. Information on these cases is set out in the planning history section of my report (3.0 below). These two history appeal cases were in respect of mixed including mainly retail development. An earlier history case on the lands comprised a proposed residential development, in respect of which it is understood planning permission withered circa 2007. 1.3 I have read the file and visited the site and its environs and Tuam town, and can now report as set down below. 2.0 SITE CONTEXT AND DESCRIPTION 2.1 Site Location 2.1.1 The site is located north-west of Tuam town centre, north-west of and adjoining the N17 National Primary Route (main Galway-Tuam-Sligo Road). The site is surrounded by mainly residential development on its north, south and western sides. To the east it mainly fronts the public road N17, except for a single house residential development which forms a triangular site at the south-eastern corner of the appeal site lands. 2.1.2 It may be noted that while the southern and western boundaries of the site directly abut mainly residential plots and/or roads serving the residential areas, the northern boundary is separated from residential curtilages to the north by an existing access road serving some agricultural land and a detached house to the north-west. 2.1.3 The N17 is a heavily trafficked road in the vicinity bounded by footpaths on both sides of the road. To the east of the N17 in the vicinity there is a petrol filling station and a neighbouring auto business enterprise to its south. South of the appeal site vicinity is a traffic signalised crossroads junction where the N17 is joined by the R332 main road to/from Ballinrobe. The area of the town lying between the main town centre area, and the appeal site, includes a significant swathe of established residential lands. The routes between the town centre and the appeal site rise steadily northwards from the town and then fall to the level of the appeal site. Photographs illustrate some of the character of the intervening territory to which I refer, and also the immediately surrounding area of the appeal site. Direct pedestrian routes between the town centre include those shown on the sketch map associated with the current RGDATA appeal. 2.2 Site Description 2.2.1 The site itself comprises a large field which slopes downwards from the south and west towards the north-east. The steady slope is reflected in the contoured survey map on file. On the northern and north-western boundaries there are post and wire ___________________________________________________________________________ PL07.239541 An Bord Pleanála Page 2 of 26 fences augmented by established hedgerows defining the field edge adjacent to the lane and adjoining the curtilage of a detached dwellinghouse; to the south and west there are mainly block walls reinforced by manicured hedges. The triangular house site to the south-east is surrounded mainly by a buffer of rough hedges adjoining the appeal site. Finally there is a low block wall adjoining the back of the footpath on the N17. 2.2.2 Photographs also illustrate the existing view towards the appeal site from the neighbouring Lissadyra appellant property. The rear building lines of existing and proposed development is of the order of 45 metres. 3.0 PLANNING HISTORY The Planning Report for the Planning Authority dated 23 May 2011 identifies applications associated with subject lands; and planning applications in the vicinity of the site. Relevant cases are as summarised below. 3.1 Current Appeal Site 3.1.1 County Galway 00/1853: permission granted subject to conditions for the construction of 150 residential units and associated roads and services. 3.1.2 County Galway 06/3007: (An Bord Pleanala PL07.223207): refusal of permission upheld on appeal for a mixed use retail/commercial phased development comprising anchor retail unit; 4 no. retail warehouse units (including DIY); 15 no. other retail units, restaurant, 2 no. retail showrooms and other development including a total of 1,103 car parking (including basement) spaces. Gross floor area was stated at 22,046 square metres. A copy of the appeal file is available for reference. 3.1.3 Galway 09/318 (An Bord Pleanala PL07.235225) . Permission refused on appeal for a mixed use retail, restaurant and cinema development including an anchor retail unit and 5 no. bulky goods retail warehouse and other development including 568 car parking (including basement) spaces. Gross floor area was stated at 16,518 square metres. This application was accompanied by an EIS. The appeal file is currently unavailable. Copies of the Board Order Direction/Inspector’s Report in that case are contained in a wallet on the current appeal file for reference. 3.2 Cases in the Vicinity Recent cases noted relate to small scale development. Developments of more significant scale are dated. No further information identifying site locations etc. have been provided by the Planning Authority. 3.3 Recent Board Decisions Appeal documentation refers to several retail development cases decided by An Bord Pleanala in Tuam and environs, in addition to the two cases relating to the appeal site itself. Relevant cases noted include those set down below. ___________________________________________________________________________ PL07.239541 An Bord Pleanála Page 3 of 26 4.0 PROPOSED DEVELOPMENT AND PLANNING AUTHORITY ASSESSMENT 4.1 Proposed Development 4.1.1 The planning application form and public notices identify the following elements in an overall 9,040 square metres gross floor area mixed use retail and restaurant development. • 1 no. anchor retail unit (4,300 square metres gross) comprising 3,000 square metres net convenience goods sales area combined with alcohol sales, hot deli counter and staff areas; • 3 no. retail warehouses comprising 1 x 900 square metre gross 1 x 1120 square metres gross 1 x 2,300 square metres gross together with ancillary area of 650 square metres • 1 no. drive thru restaurant of 420 square metres gross. • Delivery areas, public recycling area, pedestrian footpath, taxi rank area, bus shuttle set down/pick-up area, cycle stands, 360 no. car parking spaces (including 250 no. basement spaces). • Ancillary development including signage, ESB sub-stations and transformer rooms, vehicular and pedestrian access points and modifications to existing N17 road to include provision of a new roundabout, footpaths and cycleways. 4.1.2 The site area is stated at 6.41 hectares. 4.1.3 The planning application form (Section 18) makes reference to a history case 00/1583, which is understood to be the case 00/1853 referred to in the Planning History section of my report herein, above. 4.1.4 Water supply and services are stated to be utilising public mains and drains. A sustainable urban drainage system (SUDS) and rainwater harvesting scheme are proposed. 4.1.5 Supporting Documentation • Planning Report GHS Consultancy including Retail Impact Assessment and Design Statements. • Technical Report GHS Consultancy: this is a report of some 160 pages including text and diagrams, set out in three main sections entitled General Information; Environmental Details; Roads Related. (In the interest of clarity it may be noted that page 1 of this report refers to “Additional Information”, however it is/was submitted to the Planning Authority as part of the current planning application in ___________________________________________________________________________ PL07.239541 An Bord Pleanála Page 4 of 26 March 2011, and therefore should not be confused with any other additional information subsequently received by the Planning Authority in the course of processing the planning application). • Suite of Drawings. 4.2 Unsolicited Additional Information 4.2.1 Prior to the initial assessment of the case by the Planning Authority, an additional information submission was made by GHS Consultancy having regard to the content of a third party observation made to the Planning Authority. The additional information submission addressed certain matters under headings of planning history, Retail Planning Guidelines (RPG) and sustainable transport. 4.2.2 Regarding Planning History, the submission argues that the now proposed development overcomes the reasons given by An Bord Pleanala for refusal in the history case 09/318 (PL07.235225); and moreover the proposed development acknowledges the new Tuam Local Area Plan (LAP), the content of the Inspector’s Report in the case PL07.235225, and the thrust of views expressed in consultation with Planning Authority personnel. 4.2.3 The submission argues under this heading that the appeal site “is on average 500 metres from the commercial area of the town” (sketch map included in submission). It refutes any suggestion that there is an attempt by the applicant to present the proposed development as a neighbourhood centre.