2460797
AN AMENDMENT TO PERMITTED DEVELOPMENT UNDER DONEGAL COUNTY COUNCIL REG. REF. NO. 22/50967 TO OMIT FOOTPATH AND STREET LIGHTING REQUIRED BY CONDITION NO. 2 (A) WHICH STATED: “FOOTPATH AND STREET LIGHTING FROM THE SITE TO THE VILLAGE CENTRE SHALL BE IN ACCORDANCE WITH THE DETAILS AS AGREED WITH THE AREA ROADS ENGINEER UNDER APPLICATION REF. NO. 20/51900.”
Core Refusal Reason
The Inspector recommended granting permission (overturning the Council's refusal) on the basis that while the footpath is necessary for pedestrian safety and settlement cohesion, it is unreasonable to expect the developer to bear the full cost and responsibility for infrastructure that benefits the wider community; instead, a fair apportionment involves the developer providing the footpath while the Council provides the street lighting.
Decision Maker's Conclusion
- A 2-metre wide tarmac footpath would significantly improve pedestrian safety and contribute to the cohesion of the Rossnowlagh settlement compared to the existing unsurfaced road verge.
- It is not reasonable or necessary to expect the appellant to undertake the totality of the off-site works (footpath and lighting) when multiple other landowners and residents benefit from the infrastructure.
- The developer should remain responsible for the footpath works shown on their submitted drawings PD-16 and PD-17, but should be given the option to either construct the path or pay a special development contribution under Section 48(2)(c) within six months.