Core Refusal Reason
Failure to demonstrate safe access and legal right of way for the proposed residential development.
Decision Maker's Conclusion
- The applicant failed to confirm that the required 70m sight distances are achievable at the junction of the private lane and the public road.
- There is a lack of legal confirmation that the indicated right of way allows for the proposed residential use of the site.
- A legal agreement with the adjoining landowner is required to facilitate the removal or trimming of hedgerows to provide necessary sight lines.
Cited Policies (CDP)
Section 2.13.1Policy RIDP 1Section 15.16Section 15.9.5Section 15.23.2Section 15.22.4Policy LCP 1Policy RSPD 1Table 15.3Policy DGP 1
Decision Document Summary
Bernadette Kelly applied for permission for a single-storey dwelling, wastewater treatment system, and ancillary works at Lagan, Castleblayney. The site is an elevated back field accessed via a private lane. While the planning authority found the design and visual impact generally acceptable, the application was stalled due to unresolved issues regarding traffic safety and legal access. Specifically, the applicant failed to demonstrate 70m sight distances, provide a legal agreement for hedgerow ...SOURCE PDFOpen Original
Note: If code appears below, the council site is blocking the preview. Please open the original file.