Core Planning Reasoning
The Inspector recommended granting permission because the development is consistent with the pattern of development in the vicinity, would not create a traffic hazard subject to specific conditions regarding sightlines, and would not adversely impact the archaeological or architectural heritage of the area.
Decision Maker's Conclusion
- The proposed 90m sight distances are achievable and acceptable for traffic safety, provided that existing trees and hedgerows are felled or lowered to a height of no more than 1m as specified in the Further Information drawings.
- The development will not adversely impact the character or setting of the nearby National Monuments (CO123/24002 and CO123/24001) or NIAH-rated buildings (Ardnavaha and All Saints Kilmalooda Church), given the 100m separation distance.
- Issues raised by the appellant regarding land ownership and the right to fell roadside trees are considered civil matters; however, the applicant has provided sufficient evidence of legal interest to submit the planning application.
Cited Policies (CDP)
Objective TM 12-8: Traffic/Mobility Management and Road Safety (d)Tourism and Rural Diversification Area policyLandscape Character Type: Rolling Patchwork FarmlandFlood Zone C
Decision Document Summary
The proposal involves the retention of an existing 4m-wide agricultural entrance on a 0.06ha triangular site at Kilmaloda, Ballinascarthy, Co. Cork. The application was appealed by a third party (Gerard Murphy) on the grounds of traffic safety, impact on 60-70 year old trees, proximity to National Monuments, and disputed land ownership regarding the roadside verge. The Inspector's assessment focused on vehicular entrance safety and archaeological heritage. Following the submission of Further Inf...SOURCE PDFOpen Original
Note: If code appears below, the council site is blocking the preview. Please open the original file.