An Bord Pleanála INSPECTOR’S REPORT DEVELOPMENT Demolish house and outbuildings and construct replacement house, garage, wastewater treatment system LOCATION Annagh or Drumanilra TD, Knockvicar, Boyle, Co Roscommon PLANNING APPLICATION Planning Authority Roscommon County Council Planning Authority Reg. Ref. 14/135 Applicant Justina & Liam Gavin Type of Application Permission Planning Authority Decision Grant PLANNING APPEAL Appellant Neil McHugh Type of Appeal Third Party Observers None DATE OF SITE INSPECTION: 17th October 2014 INSPECTOR: Mary Crowley PL20.243600 An Bord Pleanála Page 1 1.0 SITE LOCATION AND DESCRIPTION 1.1 The appeal site with a stated area of 0.419 ha is located in a rural location in north Co County Roscommon on the shores of Lough Key approximately 4km to the north west of the village of Knockvicar and 6km to the north of Boyle. The site is located within a secluded wooded setting and is accessed by a private road that serves the appeal site, agricultural land and an adjoining residential property. The appeal site forms part of a larger farm holding extending to 17 ha along the northern edge of Lough Key. A set of photographs of the site and its environs taken during the course of the site inspection is attached. I also refer the Board to the photographs of the site and environs that are available to view on submissions throughout the appeal file. 2.0 PROPOSED DEVELOPMENT 2.1 This is an application for planning permission for the demolition of the existing dwelling house (137.48sqm) and outbuildings (49.2sqm), construction of replacement dwelling house (315.4sqm), domestic garage (30.0sqm) and fuel store with new waste water treatment system and associated site development works. The proposed water supply is by means of a private well and the proposed waste water management / treatment is proposed by means of a new mechanical aeration unit with soil polishing filter. 2.2 The application was accompanied by the following: . Cover letter from the applicants agent, Advanced Planning & Design Services that included an Architects Statement . Photographic survey & sketches of dwelling to be demolished . Letter from the applicants setting out the reasons for the development and proposals to deal with any potential impacts to neighbouring residential properties . Landscape Proposal . Tree Survey . Site Suitability Assessment . Site Specific Report from Anua re proposed site waste water treatment system . Details of proposed Soil Polishing Filter 2.3 In a further submission (unsolicited further information date stamped 11th June 2014) from the applicants’ agent it is clarified that the western boundary will be augmented and reinforced with additional Holly Trees in order to provide screening to the adjoining property and dwelling house. It is also proposed to have the windows to the western elevation of the proposed house fitted with obscured glazing so that there will be no overlooking issue from the upper floor towards the adjoining property and dwelling house. PL20.243600 An Bord Pleanála Page 2 3.0 TECHNICAL REPORTS 3.1 The Environment Section report notes mottling on the Site Characterisation Report in the Trial Hole and requested that a new trial hole be opened to establish the level mottling occurs together with the calculations of the polishing filter, proposed alarm system, long term maintenance agreement, volume of excess material to be excavated and where the excess material shall be deposited / reused on the existing lands. The report also recommended conditions relating to the use and movement of excavated site material and the requirement for a Project Construction and Demolition Waste Management Plan to be submitted. 3.2 The report of the Area Executive Engineer recommends that a condition be attached for the continuous hedge screen planting to enhance privacy at lower level and that the proposed 2 glazed openings in north west elevation be finished in frosted / obscure glazing 3.4 The comprehensive report of the Local Authority Planner may be summarised as follows: . The merits of this proposal do not undermine or contravene the Lough Key Local Area Plan 2009 – 2015 or the Roscommon County Development Plan 2014 – 2020 . The effluent disposal system proposed, if installed correctly, will appropriately percolate and attenuate the effluent prior to discharge to the ground . The dwelling proposed represents an opportunity to develop an architecturally distinctive dwelling which may create a positive precedent for residential developments in this area . The ample level of screening in place, combined with the separation distance between the proposed dwelling and the existing dwelling (c 70m west of the proposed dwelling) ensures that the proposal will not give rise to a significant residential impact upon the dwelling to the west of the site. Accordingly the Local Authority Planner recommended that planning permission be granted subject to conditions. The notification of decision to grant planning issued by Roscommon County Council reflects this recommendation. 4.0 OBSERVATIONS / OBJECTIONS TO PLANNING AUTHORITY 4.1 There is one objection / observation recorded on the planning file from Neil McHugh (neighbouring property) who expresses concerns regarding inter alia the siting of the dwelling, boundary treatments, hedgerow removal and lane maintenance during PL20.243600 An Bord Pleanála Page 3 construction, rural character and compliance with the current County Development Plan and Lough Key Local Area Plan. 5.0 PLANNING AUTHORITY DECISION 5.1 The Planning Authority issued notification of decision to grant planning permission subject to 11 generally standard conditions summarised as follows: Condition No 1 development to be carried out in accordance with plans submitted Condition No 2 effluent disposal Condition No 3 effluent disposal certified compliance Condition No 4 connection agreement with Irish Water Condition No 5 road drainage Condition No 6 surface water Condition No 7 demolition materials to be removed by a licensed construction and demolition facility Condition No 8 no additional trees or hedgerows to be removed Condition No 9 domestic garage and fuel store Condition No 10 development contribution Condition No 11 notice of commencement in writing 6.0 PLANNING HISTORY 6.1 There is no evidence of any previous planning appeals on this site. However there was a previous planning application on the site for a proposed dwelling house, garage, proprietary effluent treatment system, soil polishing filter and associated works that was subsequently WITHDRAWN (Reg Ref PD/13/292refers). 7.0 THE DEVELOPMENT PLAN 7.1 The operative plan for the area is the Roscommon County Development Plan 2014 – 2020 and the Lough Key Local Area Plan 2009 – 2015. PL20.243600 An Bord Pleanála Page 4 8.0 GROUNDS OF APPEAL 8.1 The third party appeal has been prepared and submitted by F Davitt Planning & Structural Design Engineers on behalf of the third party appellant Neil McHugh of Annagh or Drumanilra, Knockvicar, Co Roscommon (owner of house neighbouring the appeal site – site photos refer). The appeal may be summarised as follows: 8.2 Removal of existing mature trees and hedgerow - It is stated from the outset that the appellant does not object to the provision of the new dwelling in replacement of the existing dwelling of this site. The principal concern relates to the actual siting of the proposed property within an area of mature tree planting and within 5 m of the site boundary with the appellants property not only because these trees define and delineate the property boundary but that they also provide for screening and separation, shelter and amenity to our property – and if retained will do similar for the proposed dwelling. 8.3 Habitat & Landscape Impact – In addition the existing trees provide for established habitat connection, biodiversity and landscape value all within the context of Lough Key, an area of acknowledged landscape significance, sensitivity and value. It is submitted that the holding provides ample opportunity and space to appropriately locate the dwelling so as to avoid on the mature trees and boundary between the two existing dwellings. 8.4 Demolition - It is noted that Condition No 7 requires that existing on site structures be demolished. However it is pointed out that no time frame is specified for such works. 8.5 Landscape Report - The report submitted with the application makes play under “minimise the impact of the new dwellings” of the beneficial effect of planting 2.5m to 3m high trees. However, this is in replacement of the removal of circa 64 mature trees, out of a total of 99 which are between 10 to 20m on height and have existed in this location for many decades. It is further submitted that the proposed landscape measures are only outline in nature at best, with only a passing reference to species, numbers of trees and sizes etc which means that the reference to replacement landscaping within Condition No 8 of the notification to grant permission is meaningless and unenforceable. Moving the proposed dwelling away from the western boundary (a minimum of 20 m) would allow for full retention of the existing trees / planting and negate the requirements for the majority, if not all, of the proposed planting. 8.6 Tree Survey – it is noted that a tree survey was prepared and submitted with the planning application and while it is understood that a minority of trees are in poor condition, the vast majority are semi-mature / mature trees in good condition. It is considered that this survey did not inform the siting of the dwelling but is simply a PL20.243600 An Bord Pleanála Page 5 rubber-stamping of the extensive tree removal required for the construction and delivery of the dwelling at this location. Further, the tree survey has not been carried out to the appropriate and accepted standard for all such surveys – BS 5837:2012 Trees in relation to design, demolition and construction – Recommendations.