2150819

(1) SIX NUMBER TWO-BEDROOM TERRACED HOUSES WITH ASSOCIATED PRIVATE OPEN SPACE AMENITIES (2) PROVISION OF PEDESTRIAN FOOTPATH TO CONNECT TO EXISTING FOOTPATH NETWORK (3) CONNECTION TO ADJOINING FOUL AND STORM WATER SEWERS AND PUBLIC WATERMAINS (4) PROVISION OF CAR PARKING FACILITIES TO THE DWELLING HOUSES (5) ALL ASSOCIATED SITE DEVELOPMENT WORKS

Granted

Core Planning Reasoning

The development is considered premature and contrary to proper planning due to the applicant's failure to demonstrate legal control or landowner consent for the land required for vehicular access and parking, alongside a failure to demonstrate that the adjacent industrial noise would not unacceptably impair residential amenity.

Decision Maker's Conclusion

  • The applicant does not have sufficient legal interest or landowner consent for a strip of land critical for providing satisfactory vehicular access and car parking.
  • The applicant failed to provide a noise survey or mitigation measures to address the continuous industrial noise from the adjacent fruit juice factory, posing a risk to the health and amenity of future residents.
  • While the land use and density are generally appropriate for the location, the proposal is premature and would result in a sub-standard development that is contrary to the proper planning of the area.

Cited Policies (CDP)

Policy GEN-H-2Objective UB-P-13Table 5.1 of the LAPDonegal County Development Plan 2018 – 2024Seven Strategic Towns Local Area Plan 2018 – 2024Sustainable Residential Development in Urban Areas Guidelines

Decision Document Summary

The application proposed a residential development of initially six, later reduced to five, two-bed terraced houses on a 0.1476 ha vacant infill site at Barnes Court, Ballybofey. The site is located near the town centre but is immediately adjacent to the P Mulrine & Sons juice factory. While the Inspector found the density of 34 dwellings per hectare acceptable and the design generally compliant with residential standards, two major issues led to a refusal recommendation. First, a legal anomaly ...
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