An Bord Pleanala reference: PL 20. 212967 INSPECTORS REPORT Development: Construction of new two storey mixed use unit comprising of 6 no. two bedroom apartments at first floor level, three ground floor commercial units and one retail unit with three bay fuel pumping station, marked fuel pump area, station canopy, machine and manual car wash area, station signage; and 11 no. four bedroom detached houses, five no. four bedroom semi detached houses, 13 no. three bedroom semi detached houses, one no. four bedroom mid terrace house; two storey 26 bedrooms hotel with bar and restaurant, kitchen, service area, meeting and function rooms, ancillary rooms, enclosed service yard with plant room; on site parking areas, construction of new entrance from public road, partial reconstruction of existing roadside boundary wall, connection to existing services and associated site works at Frenchpark Demesne, Frenchpark, Co. Roscommon. Planning Application Planning authority : Roscommon County Council Planning authority Register Reference : 04/2094 Applicant : John Hanily Type of application : Permission Planning Authority decision : Grant subject to 35 no. conditions Planning Appeal Appellant(s) : John McCabe Type of appeal : Third party Observers : None Date of site inspection : 27th September 2005 Inspector : Philip Green Enclosures : Appendix 1 - annotated photographs Appendix 2 - extracts from the Development Plan PL 20. 212967 An Bord Pleanala Page 1 of 17 1.0 THE SITE 1.1 The appeal site has a stated area of 2.44 ha. and is located in Frenchpark, a village at the crossroads of the N5 (between Ballaghaderreen and Tulsk) and R361 (Castlerea to Boyle) Roads. The site is located some 200 metres north east of this junction on the north western side of the R361. The R361 is served at this point by footpaths on both side of the road and street lighting. The central core of the village mainly comprises of two storey terraced properties of traditional character although on the outskirts of the village opposite the site on the eastern side of the road and to the north on the same side of the road are more recent one off housing and estate developments of single storey, dormer style and two storey construction. Immediately to the south is a dormer bungalow with windows in its gable facing towards the site. 1.2 The site consists of an undulating grassed field which drops down generally from south to north. An existing ditch and hedge crosses the land and the site extends beyond this in its north western section into a further field beyond. There are mature trees on the site particularly adjacent to the road frontage and further trees and vegetation in the wetter and low lying north eastern section of the site. There is an existing drain following the northern boundary between the site and the new housing under construction to the north. A traditional stone wall forms the site boundary with the road broken only by the existing agricultural access gate. 1.3 I attach as Appendix 1 to this report photographs of the appeal site and surroundings. 2.0 THE APPLICATION 2.1 See description of development. As applied for sought permission for permission for the following: • Residential development of 30 no. two storey detached, semi detached and terraced three and four bedroom units ranging in floor area from approximately 125 sq.m. to 157 sq.m; • A two storey ‘mixed unit’ comprising petrol filling station including (160 sq.m.) plus forecourt with three bays and mechanical and manual car washes and flat roofed canopy, three commercial units on the ground floor (2 x 79 sq.m. and 1 x 160 sq.m.) and six no. two bed apartments (66 sq. m. floor area each) with independent external rear access at first floor level. Two vehicular ‘in/out’ access points to this building were proposed onto the public road serving a front parking area for 13 vehicles whilst a further rear access was proposed from the main estate road to further parking and delivery areas for the apartments and commercial units; • Two storey hotel of stated floor area of 2024 sq.m. including 26 no. bedrooms, function and meeting rooms, foyer, lounge, dining, kitchen, bar and ancillary areas. 2.2 A single main development access point is proposed to serve the hotel and residential development and the rear access to the ‘mixed unit’ in addition to PL 20. 212967 An Bord Pleanala Page 2 of 17 the two further vehicle access points directly onto the R361 referred to above serving the commercial uses of the ‘mixed unit’. The application indicates development to be served by public mains water supply and public mains sewer. Surface water proposals include for attenuation tanks with water draining into the drain immediately to the north of the site. 2.3 On the 15th February 2005, the Planning Authority sought Further Information. This included: • Respond to Third Party concerns; • Deletion of curved sewers shown on drawings; • Detailed design of storm water attenuation including levels relative to stream, how preventing surcharges, flood levels; • Capacity of existing drainage network within and downstream of development; • Provision of wayleave for maintenance of drains with rear boundaries of private sites outside this area; • Set back of front boundary to create right turn filter; • Calculation of car parking provision to be clarified and omission of car parking on hotel roundabout; • Area for mixed use development too restricted to accommodate number and combination of uses with inadequate amenity space and poor parking and access arrangements. Scale of this aspect of development to be reduced; • Site to be serviced from single access road only with single shared access only onto Regional Road. Adequate space to be provided for vehicle parking, manoeuvring, loading etc. • Details in regard to petrol filling station required including location of fuel storage tanks and details of canopy, signage, shopfront and forecourt; • House design to prevent overlooking from first floor windows in side elevations, provide a single storey house type in accordance with Housing Strategy, mix of apartments to be provided and Unit 23 to be omitted and resultant area used as open space; • Tree survey required; • Design residual water pressure at finished floor level to be indicated; • Provision for recycling and hard surfaced play areas for children required; • Landscaping details required; • Redesign of hotel entrance area. 2.4 A response to this was received on the 27th April 2005. This included: • Responses to the submissions of objectors; • Revised surface water and foul sewer details and engineers submission; • Provision of right turn filter lane; • Car parking and open space calculations provided; • Revised layout to mixed use development area; PL 20. 212967 An Bord Pleanala Page 3 of 17 • Revision to apartment sizes and increased private open space to these units; • Omission of one of three entrances originally proposed and turning movements illustrated; • Details of fuel storage tanks and petrol filling station infrastructure illustrated. Request that canopy be granted as is with final details and signage and shopfronts to be agreed; • Further details of landscaping and tree survey provided; • Amendments to house design including first floor side window addressed and three no. single storey dwellings now proposed; • Revised entrance area detail provided. 2.5 On the 5th May 2005, the Planning Authority notified the Applicant that the Further Information lodged required a new public newspaper notice. 2.6 There is a copy of a “Final Planning report and Recommendation” dated 7th May 2005 on the Board’s file. This is signed although it appears to both recommend seeking clarification of the further information received and to grant permission. 2.7 On the 11th May 2005 the Planning Authority received a Hydrological Survey of the site and on the 16th may 2005 the Planning Authority received a letter indicating why it was not necessary to provide a 5m. wayleave within the application site (as already in place on other bank). 2.8 On the 12th May 2005 the Planning Authority received a copy of a new newspaper notice. 2.9 There is a copy of a “Final Planning Report and Recommendation” jointly dated 2nd May, 2nd and 7th June 2005 on the Board’s file. There is a recommendation from the Area Planner seeking clarification of the further information lodged in respect of five items. There is an (unsigned) copy of a letter dated 3rd June 2005 to the Applicant’s seeking such clarification. It is unclear whether this letter was forwarded to the Applicant as a Notification of Decision to Grant Permission was issued by the Council on the 7th June 2005. 3.0 THE PLANNING AUTHORITY’S DECISION 3.1 The Notification of Decision to Grant Permission was subject to 35 no. conditions. These included: • Details of surface water and foul sewers, storm water attenuation tanks, pollution control measures and petrol interceptors to be agreed (Condition 2, 3 4 and 5); • Mature trees to be retained in accordance with tree survey and landscaping scheme to be agreed including hard surfaced play area (Conditions 6 and 7); • Construction waste and construction management plan and controls (Conditions 20, 21,22 and 23); • External material detailing (Conditions 26, 27 and 28); PL 20. 212967 An Bord Pleanala Page 4 of 17 • Signage detailing (Conditions 29 and 31); • Use of individual commercial units to be agreed prior to occupation (Condition 30); • Development Contribution of euro 270,200 (Condition 32); • Bond of Euro 300,000 towards satisfactory completion of development (Condition 33); • Amendments to scheme including omission of unit nos. 23-26 and replacement with two Type 6 units facing north, area of site no. 23 to be landscaped open space associated with hotel, omission of two no. retail units (2 and 3) and two no.