An Bord Pleanala Inspector’s Report Development Construction of a crash repair garage and ancillary works at Kilbride, Newport, County Mayo. Planning Application Planning Authority: Mayo County Council Planning Authority Reference: 07/1268 Applicant: Peter Ryder Type of Application: Permission Planning Authority Decision: 14 th March 2008 Planning Appeal Appellant: National Roads Authoritty Type of Appeal: Third Party Observer Councillor Frank Chambers Date of Inspection: 2nd August 2008 Inspector: James Burke PL16.228592 An Bord Pleanala Page 1 of 10 1 1.0 Site description and location The site, the subject of this appeal, covers 0.12 hectares with the southern boundary extending for 50 metres, the northern boundary measuring 30 metres and width reaching just over 30 metres whilst the tapered frontage to the west stretches over 35 metres in length. The appeal site is located 1.5 metres south of Newport and situated immediately to the west of the N59 Newport to Westport National Secondary Route where there is a 100 kilometre per hour speed limit, with solid white line, and opposite a road junction where a minor road leads eastwards towards Cuilmore. The appeal site is also located to the north of the appellant’s dwelling and is an open area partially surrounded by bushes where dismantled vehicles and parts are stored on the site with an existing access leading directly onto the N59 road. An existing workshop is positioned to the rear of the applicant’s dwelling and this is kept tidy and very well screened from the public highway by trees and bushes along its boundaries. A bungalow is situated close to the south of the applicant’s dwelling and farmhouse some distance to the north. A layby extends alongside the public highway just north of the appeal site. The landscape is undulating in character with hills rising quite sharply to the rear and the settlement pattern reflects the rural nature of the area with farm houses sporadically scattered around the surrounding countryside. Appendix A shows the appeal site and surrounding area. 1.1 The proposed development The applicant seeks the erection of a pitched roof garage for crash repairs with landscape and ancillary workshop. The dimensions of the garage are shown at 20 metres in length, 14 metres in width and overall ridge height of 7 metres, although the eaves height will reach 4.5 metres, and two metal roller shuttered doors, entrance door and window are indicated on the front elevation. Windows are also shown on the side elevations and the external finishes are shown as painted render applied to lower part of the proposed building and plastic cladding to the upper part and roof. The siting of the proposal is shown at 4 metres from the rear boundary and 3 metres from the northern boundary of the site and 19 metres north-east of the appellant’s dwelling house. Access to the site is shown close to the south-east corner and has a width of 10 metres and twelve parking bays are provided. The actual layout of the building demonstrates seven bays with lift area and spaces shown for spray booth and drying, storage and mixing . 2 The applicant’s agent has indicated it is the intention to consolidate existing activities under one roof, so to speak, and keep the apron to the front of the dwelling and public highway free from vehicles as well as transfer facilities from the existing workshop to the proposed building. In addition, a revised plan has been submitted illustrating sight lines of 215 metres towards Westport and 165 metres in the direction of Newport, respectively, and the repositioning of the bus parking bay. 1.2 Planning history None. 1.3 Planning Authority decision The original application was received by the Planning Authority on 21 st May 2008 and internal and external consultations were carried out in assessing the proposed development. The National Roads Authority considered the application was at variance with national policy regarding frontage development on national roads. An Taisce felt the proposal would lead to an inappropriate intensification of unauthorised development on a national secondary road. The Mayo National Roads Design Office in considering the development requested a Road Safety Audit. This was duly submitted and the following issues were raised by the Audit Team: i) Vehicles leaving the proposed access will not be an issue provided adequate visibility is provided and the bus parking area is relocated; ii) Details of radii at the access need to be provided. In consequence, the applicant’s agent sought to address the issues in submitting a revised layout on 19 th February 2008. The planning officer’s report recommended refusal on the basis of being contrary to Development Plan policy regarding the restriction of development along national roads in the interests of highway safety. However, this recommendation was overturned under Article 31(K) of the Planning and Development Regulations 2001 for reasons of betterment of the existing use and in the interests of the advancement of a sustainable form of development, and conditional planning permission was granted on 12 th March 2008. 3 1.4 Relevant development plans, policies and documents Mayo County Development Plan (CDP) 2003 – 2009 At the time of determination of the application this CDP was considered to be the relevant development plan and Objective TI-NS 3 of the document stated that the Council, in co-operation with the National Roads Authority will seek to restrict developments onto National Secondary roads in the interest of road safety. Section 4.11.2 entitled ‘Controlled Roads’ of the CDP stated that new development will generally be restricted where a 100 Kilometre per hour speed limit exists. Mayo County Development Plan (CDP) 2008 – 2014 This document supersedes the previous CDP and was adopted in May 2008. In terms of industrial development Policy P/ED-IE3 of the CDP encourages and seeks to facilitate home-based employment of appropriate type, size and scale, subject at all times to the consideration of the proper planning and sustainable development of the area. In terms of road infrastructure Policy P/TI-R 1 of the CDP, in conjunction with all statutory agencies, seeks to assist in the provision of a high quality road network to appropriate capacity and safety standards, to cater for the economic and social development of the County. Policy P/ TI-R 2 of the CDP seeks to protect the capacity and safety of the National Road network in the County and to support the National Roads Authority policy statement on Development Management and Access to National Roads (2006). Objective O/ TI-R 1 of the CDP seeks to restrict development along the National Road network in the interests of traffic safety and to protect investment in the National Road network. Part 4 of the new CDP includes development management guidelines where planning standards and best practice is applied and these are included in Appendix B. Paragraph 4.10.10 makes specific references to service garages, workshops and car showrooms in terms of layout, design and landscaping, details of which are also included in Appendix C. Policy Statement on Development Management and Access to National Roads 2006 4 Essentially, in the interests of highway safety, this document seeks to restrict new access points onto national roads reflecting advice contained in the documents “Development Control Advice and Guidelines” (1982) and “Policy and Planning Framework for Roads” (1985). The 1982 document states that “ As a general policy, the location of new means of access to the National Primary Roads, or residential, commercial, industrial or other development dependent on such means of access should not be permitted except in areas where a speed limit of 30-40 mph [equivalent to 50-60 kph] applies, or in the case of infilling, in the existing built-up areas ”. The document points out that the same considerations also apply to national secondary roads. The document states that where planning applications involve a new entrance to a national road or changes to an existing entrance layout these must be accompanied by a road safety audit to assess the safety implications of the proposed development and identify appropriate measures to maintain safety standards. 1.6 Grounds of appeal by third party The appellant, the National Roads Authority, considers the proposal at variance with national policy for the following reasons: • The development is located on a section of the National Road where 100km speed limit applies endangering public safety by reason of traffic hazard due to increased traffic movements • The proposal would , if approved, create a new access on the N59 at a location where the national speed limit applies contrary to national policy on frontage development on national roads • The proposal would set a precedent • The proposal is contrary to the Mayo CDP policies. 1.7 Response to grounds of appeal The applicant’s agent made the following points in response to the issues raised by the appellant: 1. The applicant has sought, with the respective authorities, to improve the access and egress to his dwelling house and workshop as the existing entrance is unsatisfactory and a hazard and danger to vehicles on the N59; 2. In accordance with legislation more space is needed for new equipment; 3. The Road Safety Audit Team considered the proposal would not 5 endanger the public or create a traffic hazard; 4. All parties engaged in considering the highways aspect of the proposal felt, that subject to appropriate conditions, it would be an improvement on the current situation; 5. The proposed development would not generate extra traffic and instead provide parking for road vehicles; 6. Planning permission was recently given for the other commercial premises in the vicinity of the appeal site and on the N59.