An Bord Pleanála Inspector’s Report Development Village centre development consisting of 30 residential units and 8 no. commercial units at Brooklodge Demesne, Ballyglunin, Co. Galway. Planning Application Planning Authority: Galway County Council Planning Authority Register Reference: 08/2085 Applicant: John Flaherty Type of Application: Permission Planning Authority Decision: Grant Planning Appeal Appellant(s): Kevin Timmins Type of Appeal: Third Party Observer(s): None Date of Site Inspection: 16 th June 2009 Inspector: Kevin Moore ______________________________________________________________________________________ PL 07.233377 An Bord Pleanala Page 1 of 26 1.0 APPLICATION DETAILS There is a third party appeal by Kevin Timmins against a decision by Galway County Council to grant permission to John Flaherty for a village centre development comprising 30 no. residential units and 8 no. commercial units at Brooklodge Demesne, Ballyglunin, Co. Galway. The development would consist of 20 two-storey, four bedroom detached houses, 6 two- storey three bedroom detached houses, and 2 two-storey terraced blocks. The terraced blocks would comprise two types, one containing 4 one bedroom residential units at first floor level and 4 shops at ground floor level and the other containing commercial units at ground floor level and office space at first floor level. The proposal would also provide an effluent treatment system and a pumping station with overnight storage capacity. The applicant is the stated owner of the 3.85 hectare site. The total floor area of the proposed development is 5,713 square metres, of which the commercial units would account for 935 square metres. The development would be served by an existing public water supply. Details submitted with the application included foul and storm water design calculations, a landscape planting schedule, and a schedule of accommodation. The application details state that the adjoining railway station is to re-open as part of phase one of the new Western Railway Corridor. The housing component would have a linear format around the periphery of the site. The two terraced blocks would be sited opposite the old Ballyglunin railway station and would be separated by a new plaza. The vehicular entrance to the site would be to the south east of these units. There would be two principle open space areas within the body of the site to the north and south. The proposed treatment system would be located in the site’s south western corner. Two detached houses would be sited separate from the scheme with access onto a minor road to the west and located north of the proposed treatment system. The reports to the planning authority were as follows: The Roads Design Engineer recommended that permission be refused in light of a range of information lacking, namely inadequate road width, potential inadequate sight distance, lack of a public lighting plan, failure to show dished kerbs and tactile paving, the lack of a footpath along the eastern boundary, and the failure to submit an autotrack analysis and a road safety audit. The Department of the Environment, Heritage and Local Government required the impact on archaeological remains to be assessed. It was noted also that the lands are in close proximity to the Abbert River, which is part of the Lough Corrib cSAC and it was considered the development has the potential to have a significant negative effect on the Abbert River and on the associated wetland system as a whole. Reference was made to inadequate treatment of sewage effluent, changes to hydrology, and deterioration of water quality. It was requested that the treatment plant conform to EPA Guidelines, that the ______________________________________________________________________________________ PL 07.233377 An Bord Pleanala Page 2 of 26 development does not have any negative indirect effects on the water supply to the Abbert River, and that all boundaries and stone walls should be retained where possible. The Environment Engineer requested further details on the proposed effluent treatment system. The Planner noted the site is located in close proximity to two Recorded Monuments and is adjacent to a Protected Structure. It was stated that the impact of the proposed development on this monument had not been assessed. Reference was made to the Department of Environment, Heritage and Local Government recommendations. Reference was made to the Conservation Officer’s report on Planning Application 07/2597 wherein it was noted that the development would be located within Brooklodge Demesne, an historic landscape forming part of the curtilage and attendant grounds of Brook Lodge, Protected Structure 1222 (incorporating a tower house and 18 th century complex) to the south west, it is adjacent to Ballyglunin Railway Station, a Protected Structure, and is close to two Recorded Monuments. The Conservation Officer submitted that the site must have regard to the context of Brook Lodge and that the railway station and its curtilage should also be taken into consideration. It was also noted that the river which bounds the southern end of the demesne is listed as an SAC and any application is to have regard to this ecologically significant site. The Planner submitted the design and layout of the development was acceptable. The house types were also considered acceptable but it was suggested that the apartments should be replaced by storage space. It was noted that Ballyglunin currently has no public infrastructure and the only services are a shop/post office and nursing home. It was stated that the village has experienced significant development pressure in recent years due to its proximity to Galway City and being adjacent to the Western Rail Corridor. It was stated that regard must be had to a recent Board refusal for a housing scheme (PL 07.220165) and Policy 5 of the Development Plan which requires the direction of residential development into designated settlement locations only where and when appropriate infrastructure is available within the lifetime of the plan to cater for the per annum development targets specified. It was submitted that the current proposal is intended to provide some services to Ballyglunin, where there have been a number of residential developments permitted in recent years. It was noted that the development plan allows for an allocation of 480 households for the six small settlements within the Galway Transportation and Planning Scheme area over the period from 2003-2009, equating to 80 households per settlement, and Ballyglunin is one of the six. It was further noted that the plan allows for a deviation of the allocated population of between 30% and 50%. The proposal was considered compliant with the county settlement strategy. It was acknowledged that the proposal would be served by a public Group Water Scheme, by a private effluent treatment system, and by a surface water sewer that would discharge to the existing river to the south of the site, via a petrol interceptor. Reference was made to the reports received and requirements of the Environment Section, DoEHLG, the Conservation Officer, and Roads Engineer. A further information request was recommended. The following submissions on the proposal were received by the planning authority: ______________________________________________________________________________________ PL 07.233377 An Bord Pleanala Page 3 of 26 - Iarnrod Eireann objected to the proposal opposite the train station and submitted that it does not permit any new development to access onto CIE property. It was noted that the road around the development is the property of CIE. In a second submission it was stated that Iarnrod Eireann insist that the proposed 100mm rising main that traverses the railway must have an appropriate wayleave agreement before work commences. - Aileen and Kevin Timmons had concerns about the re-routing of road traffic leading to a loss of local amenity. Further information was requested by the planning authority on 26 th August 2008. This requested omission of the apartments/change of use to storage/redesign, a letter stating a water supply would be made available, evidence to disprove that Iarnrod Eireann owns the roadway between the site and the railway station, roads requirements, effluent treatment system requirements, and archaeological assessment. The applicant responded to the further information request on 20 th February 2009. The reports to the planning authority were as follows: The Roads Engineer had no objection to the proposal subject to conditions. The Planner submitted that, notwithstanding the further information request, revisions are required. These included: - The proposed internal road network being reduced to 5 metres in width, - The omission of possible future connection to the west of the site, - Amendment of layout to the northern end to provide for a horse-shoe type development, - The proposed houses along local road L-2126 to be set back an additional 10 metres, - The omission of the two dwellings numbered 25 and dwellings numbered 7, 15 and 16, - Dwelling No. 17 to have a dual frontage design, and - Omission of 2 no. retail units to provide an L-shaped type commercial plaza. A grant of permission was recommended subject to conditions. On 19 th March 2009 Galway County Council decided to grant permission for the development subject to 26 conditions. The conditions took account of the Planner’s recommendations. ______________________________________________________________________________________ PL 07.233377 An Bord Pleanala Page 4 of 26 2.0 SITE DETAILS 2.1 Site Inspection I inspected the appeal site on 16 th June 2009 and photographs taken on that date are appended at the back of the report. 2.2 Site Location and Description The site of the proposed development is located approximately 10km south of the town of Tuam in County Galway. This is a remote rural area approximately 1km north of the N63 National Secondary Road (Longford-Galway). The site comprises a number of fields bounded on four sides by minor roads. The local road skirts the northern, eastern and southern boundaries of the site, while a minor road, linked at its northern end to the local road, skirts the western boundary of the site.