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Refused Planning Permission

  • 31-07-2021 11:37am
    #1
    Registered Users Posts: 11 barry.kel


    We have recently been refused planning permission for a dwelling house, the site is located between a Class 2 regional road and a local road. at the pre-planning stage the planner advised us to access the site from the local road with sightlines of 65m. After designing the house, percolation area etc. we noticed we would be unable to use the local road so designed our access onto the regionalroad as it had an existingentrance. I stated this in a roads report, the planner stated the my roads report was informal but the Roads engineer agreed with me and recommended granting the application. The planner states that there was not an over-riding need to provide access at this point. Our percolation area will be located in the area where an entrance to the local road would be located. we cannot move our percolation area as the separation distances from adjacent wells mean it can only be accommodated at it current location. We are going to resubmit our application and would this be considered an over-riding need to access the regional road?



Comments

  • Registered Users Posts: 21,792 ✭✭✭✭ mickdw


    This needs a meeting with the planner in advance of submitting again.

    Well separation would be something that would have to be complied with above all imo.

    It is hard to believe that a redesign of house / percolation etc couldn't allow an exit onto the local road. In general, they will accept reduced sightlines too when situation requires it.



  • Registered Users Posts: 11 barry.kel


    Many Thanks Mick, I forgot to mention the site is triangular in shape and the adjacent wells/perc areas are restricting where we can put our own percolation area and entrance. The site is located on a Y Junction and on one side we have wells close to the road and the other side we have a well and perc area located at the minimum separation distances as set out by the epa.



  • Registered Users Posts: 11 barry.kel


    We're in a bit of a bind due to site shape and location with the two roads. Would this be an overriding need to locate our entrance onto the regional road.



  • Registered Users Posts: 30,335 ✭✭✭✭ Penn


    Can you clarify what you mean by "overriding need"? If you can't achieve the sightlines on the regional road, you can't achieve them. The percolation area is irrelevant. If you can't comply with the planning requirements (whether it be the percolation area or the sightlines), the council can simply refuse your permission.

    The councils don't like allowing things which contravene planning requirements because it gives precedence and justification for other people to claim they should be allowed to contravene planning requirements.

    Your designer needs to work with the council and redesign in a way that satisfies both the percolation and the site entrance requirements.

    Did the planner state why they don't want your access onto the regional road if there's already an entrance there? Do you comply with site entrance requirements regarding sightlines, pull-in distance off the road etc?



  • Registered Users Posts: 11 barry.kel


    Hi Penn, sightlines are achievable on the regional road and the roads engineer for the council grant permission to use the regional road as our entrance. The planner wants us to use the local road for access but the percolation area is situated at the location where the entrance would have to go. I am unable to move the percolation area anywhere else on the site as all wells adjacent are downhill and I'm required to stay 40m away from these wells.

    We thought the roads report and grant from the roads engineer would be sufficient to gain access and seeing the site layout the planner would understand the reason to use the regional.

    If I explain this situation to the planner would this suffice as our overriding need?



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  • Registered Users Posts: 30,335 ✭✭✭✭ Penn


    If the entrance is achievable on the regional road and the roads engineer is okay with it, I'd suggest a pre-planning meeting first and outline that to the planner, explaining why. But you should be prepared to appeal the next application if the planner refuses it again. Unless they can give a specific named reason for not allowing it, they shouldn't be refusing it on that basis.

    Have you reviewed the Managers Orders on the planning website for your application? It normally gives more explanation and justification as to the planners decision. It may have more information as to why they don't want your entrance on the regional road.



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