An Bord Pleanála Inspector’s Report Appeal Ref. No: PL09.230741 Proposed Development: Erection of dwelling and associated site works Location: Milehouse, Marshelstown, Co. Wexford Planning Authority: Wexford County Council P. A. Reg. Ref: 2008.1574 Applicant: John Connors P.A. Decision: Refuse Permission Appeal Type: First Party Date of Site Inspection: 31 st March 2009 Inspector: David Mulcahy Appendices: Photos; Enniscorthy Town and Environs Zoning Map 2008; drawings from Reg. Ref. 2008.1573 ___________________________________________________________________________________ PL09.230741 An Bord Pleanála Page 1 of 10 1.0 Site and Context The subject site (0.22 hectares) is located on the R702 approximately 3 kilometres from the town centre of Enniscorthy, in Co. Wexford. The area is characterised by a distinctly rural landscape, although the location of the subject site represents the beginning of fringe development associated with the town. The site is situated to the rear of an existing detached, bungalow dwelling fronting onto the R702. It is an elongated site measuring approximately 103m long and approximately 17 – 20m wide (narrower at the rear). The gradient of the site slopes downwards from the rear boundary of the site in the direction of the existing dwelling. Part of the site runs through the adjoining property to the south. The application drawings indicate a way leave over this adjoining property. It was noted on the site inspection that the site has been cleared and consisted off hardstanding. There were two small caravans and two vehicles parked on the site. The lands to the north-west (side) and north-east (rear) of the site are in agricultural use, as are the lands to the south (opposite the site). There are 3 dwellings situated to the east of the site. They are aligned in a row and are setback notably further from the R702 than the bungalow to the front of the subject site. 2.0 Proposed Development The applicant seeks permission to construct a dwelling and ancillary site works on the subject site. These are described in more detail below: Dwelling: It is proposed to construct a detached, single storey, 4 bedroom dwelling to the rear of the existing dwelling fronting onto the R702 (described as applicant’s father’s dwelling). It has a gross floor area of 169sq.m. The new dwelling will be elevated above the existing dwelling owing to the slope of the land. The finished floor level is shown as +64.60 compared to the existing dwelling at +63.40. The construction of the dwelling will involve excavation of the existing ground level to accommodate the new dwelling. The dwelling is orientated to face south-west, in the direction of the existing dwelling to the front. The ridge height of the new dwelling will be 6.03m. The design of the proposed dwelling is based on a pitched roof with gable end treatment and incorporates number of additional gable end protrusions. Vehicular entrance to the dwelling will be via the vehicular entrance to the existing dwelling to the front of the site, off the R702. Ancillary Site Works: It is proposed to construct a bored well and pump house to the rear of the dwelling. No details of same are included with the application. The boundary treatment will involve the retention of the existing hedgerow, including Lelandii hedge, and its reinforcement with new planting. A 1.2m high post and rail fence along with screen planting will be provided along the front boundary to screen the proposed development from the existing dwelling. A new kerb line will be built along side of existing vehicular entrance to protect existing hedgerow. Foul drainage is to the mains. ___________________________________________________________________________________ PL09.230741 An Bord Pleanála Page 2 of 10 There appears to be no contextual elevation drawing or section drawing which shows the relationship of the proposed new dwelling vis-a-vis the existing dwellings. 3.0 Relevant Planning History 3.1 Subject Site Reg. Ref. 2006.1576 Permission was refused to John Connors (applicant) for fully serviced dwelling house for two reasons which are summarised as follows: 1. Endanger public safety by reason of restricted sightlines onto regional road 2. Backland siting would give rise to appearance of haphazard development which would be injurious to visual amenity or the area and, would seriously injure the residential amenities and depreciate the value of property tot he south and east. 3.2 Adjoining Site to South-West Reg. Ref: 2008.1573 Concurrent application for retention of north-west boundary wall, together with all ancillary and associated site works. The drawings on the Council’s website (enclosed ) indicate the wall to be stepped with a maximum height of 1.3m. The wall measures approx. 30m in length and includes a front boundary wall which terminates in a pillar defining the vehicular entrance to the dwelling. Permission was granted, against the Planning Authority’s recommendation to refuse, subject to conditions. 4.0 Planning Policy and Objectives 4.1 Sustainable Rural Housing Guidelines 2005 Map No.1 – Indicative Outline of NSS Rural Area Types – shows that the subject site to be situated within the Stronger Rural Area. The Guidelines differentiate between rural and urban generated housing. Rural generated housing should be accommodated subject to site location, design, landscape, environmental factors etc. People who qualify for rural generated housing should be intrinsic members of the rural community or be working full/part-time in rural areas. Such persons will normally have spent substantial periods of their lives, living in rural areas as members of the established rural community. ___________________________________________________________________________________ PL09.230741 An Bord Pleanála Page 3 of 10 4.3 Wexford County Development Plan 2007 - 2013 The lands are not zoned under the Development Plan. The site is located in the Stronger Rural Area under the Rural Strategy Area (Map No.2). Section 2.4.3 of the Development Plan states that “The criteria for facilitating development in these areas will be to accommodate individual houses in rural areas and to actively stimulate the development of houses in settlements so as to provide for balanced urban and rural choices in the new housing market. The overall policy approach is to facilitate the development of rural housing for the applicants own use, where the applicant has been resident in the County for a period of not less than ten years”. The following Policies are relevant: Policy RSS5 The Council shall attach an occupancy condition to all individual one off rural dwellings on un-zoned land in areas defined as Under Strong Urban Pressure and Stronger Rural Areas Section 2.4.5 summarises the Development Plan approach to consideration of applications for dwellings in Stronger Rural Areas - Open to applicants from County Wexford building their own home-occupancy and permanent residency will be applied to all permissions for single houses Section 10.05.12 deals with Backland Development. It states that development of backlands, including the construction of extra dwellings in back gardens may result in inappropriate and disorderly development and can have an adverse effect on the residential amenity of adjoining properties. This may also result in the overloading of infrastructure and in missed opportunities for integrated renewal. Backland development will be considered if: There is no loss of privacy to adjoining dwellings. The access arrangements would not significantly increase noise and disturbance to existing dwellings. There is adequate off street parking. There is adequate provision of private amenity space. The scale and design of the dwelling is compatible with the character of the buildings in the surrounding area. There are no issues of overshadowing. Existing trees or natural features are retained. Section 10.7.1 deals with the Rural Housing Design Code. It states, inter alia, that: A site should be capable of accommodating a dwelling that blends into the landscape and is not visually prominent A safe entrance should be provided to the site The site for a dwelling with a floor area of 169sq.m. should be 0.2 hectares A site analysis/study should be prepared Assessment should not be too prescriptive, with focus on the broad issues of scale, density, height, massing, landscaping, access and road frontage ___________________________________________________________________________________ PL09.230741 An Bord Pleanála Page 4 of 10 and the visual relationship likely to be established with other properties in the vicinity. A single storey form should be used on more exposed and elevated sites External building materials should blend with landscape A building line of not less than 23m applies to dwelling fronting Class 1 Regional Roads (Class 1 clarified in s. 10.11.3 and does not include R702) Adequate sitelines in both directions required Linear development occurs where 5 of more dwellings occur on one side of a road within 250m Section 10.11.3 states that sightlines of 135m in either direction required for Class 2 Regional Rd (includes R702). May vary depending on the location and the nature and scale of the development Policy TP6: The Council shall restrict access onto the Class II Regional Roads to those applicants that can demonstrate a need of access from such roads. N11 Enniscorthy By-Pass: Section 3.2 of the Development Plan lists the N11 Enniscorthy By-Pass as one of the major road proposals in the county to be completed within the lifetime of the Plan. The by-pass will run to the west of the town and approximately 450m west of the subject site. The route can be seen on the Enniscorthy Town and Environs Development Master Plan 2008 – 2014 (enclosed ). It is understood that the EIS is near completion and the CPO process well advanced on this scheme. 5.0 Planning Authority Decision The Planning Authority refused permission for 3 no.