Rural road has to be upgraded privately before planning permission can be considered

TWO East Clare one-off housing applicants have been advised they must unite and pay €10,000 in total for the upgrading of a rural road.
In a letter to a planner, senior executive engineer, Niamh Madden stated the road needs to be upgraded from the last existing house to the entrances of the two sites for Anthony Guilfoyle and Patrick Treacy’s planning applications. Ms Madden estimated it will cost each applicant €5,000 apiece to get this road reconstructed privately.
She stated they must get agreement via a road opening licence before they commence any works on the public road.
While they are entitled to apply for a Community Involvement Scheme, there is a four-year backlog currently.
However, planning permission granted to Anthony and Rachael Guilfoyle, Tuamgraney, for the construction of a dwelling house, domestic garage, new wastewater treatment system and associated site works at Lecarrow Lower, Feakle, is now on hold following an appeal to An Bord Pleanála.
Having regard to the nature of the proposed development, the policies of the Clare County Development Plan and the pattern of development in the area, the planning authority, which granted planning approval, considered that, subject to 13 planning conditions, the development would not seriously injure the amenities of the area or of property in the vicinity.
One of the planning conditions stipulated that no development should commence on site until the access road serving the site has been upgraded to the satisfaction of the planning authority.
Ms Virginia Browne and Mrs Julia Walters have submitted two separate appeals to An Bord Pleanála for proposed one-off houses on this road.
In its request for further information, the Council stated the access road serving the site has limited capacity to accommodate additional development.
Having queried the meaning of “limited capacity” with the planning office, the appellants were told this road is “incapable of any further development”.
“Two additional developments would increase the traffic hazard when exiting our property,” the appeal stated.
“The sight lines from our main gate are extremely limited. This is not an issue presently, as it is just agricultural traffic, which is slow moving and reasonably restricted to daytime, and can be clearly heard, so we rely on sound rather than sight to be aware of approaching traffic,” they stated.
In its response to the appeal, the local planning authority pointed out the upgrade of the local road serving the site has been agreed with the area engineer for the Killaloe Municipal District.
The authority stated the upgrade works will be designed by the area engineer by the applicants to the area engineer’s satisfaction.
All issues such as surface water management and underlying ground conditions will be duly considered in the design process as part of these upgrade works.
The authority stated the applicants comply with the rural housing policy. The site forms part of a 49-hectare landholding that is actively farmed by the applicants.
The authority has urged the appeals’ board to uphold its planning approval.

by Dan Danaher