Grounds for Refusal interpretation

happyplace

Hi there,
We have recently been refused planning and i'm struggling to interpret in laymans terms the reason why.

We have been refused for 2 reasons but my difficulty is with Objection1 as I cant find the a definition of what they mean by a sub standard road.
The context of the refusal is:
"Failed to demonstrate any connection to the road fronting the site, which is considered substandard in accordance with Objective IN09 of the County Development plan (Limerick). The road network serving the site of the proposed development located outside of the zoned land has insufficient capacity to accommodate the additional traffic likely to result from the development furthermore adequate sight lines are not available and/or achievable at the location of the local road and the substandard road. The proposed development is therefore contrary to the proper planning and sustainable development of the area."
Any guidance on this would be much appreciated as i'm considering appealing this through the board but i don't want to waste any more time on this if there isn't any chance of this being overturned.

Gumbo

happyplace wrote: »

Hi there,
We have recently been refused planning and i'm struggling to interpret in laymans terms the reason why.

We have been refused for 2 reasons but my difficulty is with Objection1 as I cant find the a definition of what they mean by a sub standard road.
The context of the refusal is:
"Failed to demonstrate any connection to the road fronting the site, which is considered substandard in accordance with Objective IN09 of the County Development plan (Limerick). The road network serving the site of the proposed development located outside of the zoned land has insufficient capacity to accommodate the additional traffic likely to result from the development furthermore adequate sight lines are not available and/or achievable at the location of the local road and the substandard road. The proposed development is therefore contrary to the proper planning and sustainable development of the area."
Any guidance on this would be much appreciated as i'm considering appealing this through the board but i don't want to waste any more time on this if there isn't any chance of this being overturned.

What has your Agent said about the refusal?

happyplace

Our agent said something to the effect of that the road should be maintained by the council as there are maps dating by to the early century with this road outlined. TBH, the agent is my husband architect contact who is suggesting with should appeal. I hold less faith in all this process as 2 years later (our second attempt to get planning on this site with 2 different house designs but the road issue has come up again) and we have had no joy. I have trawled through previous planning approvals and cannot find anything to give me confidence. I'm just worried we will throw a load of money at this without success and I need to equip myself with knowledge to put forward the reason why our attempt to appeal will be futile.

sydthebeat

happyplace wrote: »

TBH, the agent is my husband architect contact who is suggesting with should appeal.

what does this mean?

objective IN O9 says:

Objective IN O9: Substandard roads
It is an objective of the Council to ensure that on roads that are sub standard, either in terms of their width, (less than 3m), alignment, surface condition or junction with the nearest main road, development will only be considered in exceptional circumstances. A presumption in favour of family members and long term landowners will be considered in exceptional circumstances, where no alternative site is available, or where the only alternative access available is onto a strategic regional road as designated in the County Development Plan

so the council dont think the access road is good enough.

How can you resolve this?
do you have the facility / ownership / permission / willingness to make the road to a proper standard?
Can you achieve the required sightlines taking the above into account?


to be honest, reading the reason for refusal im surprised an application actually was made on this site. A 30 minute meeting on site with a roads engineer would have flagged these issues before any submission.

happyplace

thanks for this, its super helpful. It looks doubtful that to appeal would change this decision based on the objective. We don't fulfill that need but we have an exceptional circumstance in that my husband is contracted to be within 2km of his workplace 24/7 unless previously approved to go outside this zone and therefore we are seriously limited in where we can purchase. There isn't any other site available and we are 5 years looking!!

antiskeptic

happyplace wrote: »

my husband is contracted to be within 2km of his workplace 24/7 unless previously approved to go outside this zone

That's some term of employment!

happyplace

Indeed it is!! luckily its only himself who has the restriction, i wouldn't be as tolerant but in other ways i have to live with the consequences also! (he's worth it though!!!)

BarryD2

I think it's hard to comment without more detail. Is the road leading to/ past your site a public road / a 'county road' or a private lane? Is it the state of this road that is an issue? Or the proposed access to your site from the public road?

Presumably you have to open a new access entrance from the public road into your site. This entrance is where difficulties over sight lines and safety might arise. If the entrance is on/ near a bend that will cause difficulty. Hard to resolve without moving entrance or realigning road etc.

So maybe two separate issues?

sydthebeat

assuming you are purchasing then it makes sense for the council to refuse permission on a substandard site.

you need to source a site which meets proposer planning requirements..... the economics of that arent a concern to the council.