Refusal of 150-home project appealed

AN Bord Pleanála will decide later this year whether or not to allow the development, in principle, of 150 homes on zoned land in Gort.
Galway County Council refused planning permission to Daleoak Developments Ltd for the construction of 26 houses, two apartments and outline permission for 122 houses and a crèche in Ballyhugh, Gort last month. The developer with an address at ‘Rathkerin’ recently appealed the decision, countering each of the six grounds given by the local authority in refusing the permission.
The council said additional traffic turning movements generated by the proposed development “would endanger public safety”. The developer denied this in the appeal, saying “it has been comprehensively demonstrated that the traffic turning movements generated by the proposed development will not result in a traffic hazard”.
In refusing permission for the development the council also said Daleoak Developments Ltd had not submitted “satisfactory evidence that the minimum sight distances for a regional road can be achieved in both directions at the proposed development”.
In the appeal, James O’Donnell, Planning Consultancy Services for Daleoak Developments Ltd, quoted a revised traffic impact assessment, which formed part of the planning application. It stated that drawings “show that 3m x 90m visibility splays are achievable in both directions” for one junction option. It also said that with re-profiling, the ground level at one entrance would mean “desirable minimum stopping distances can be achieved and that as a result no traffic hazard is created as a result of the proposed development”.
Visibility splays and minimum stopping distances are achievable with another junction option without the need for re-profiling, it stated.
The council’s refusal stated the development, half a kilometre from the town centre, would be “premature” pending the construction of a public footpath from the site to the centre of Gort.
This was strongly argued in the developer’s appeal. It stated this point “cannot be sustained”, saying “pedestrian access is provided within the development and dished kerb with tactile paving facilities have been provided in the vicinity of the site access junction to assist pedestrian access across the R460 carriageway. Detailed accessibility analysis shows that provision of the additional section of footway between the proposed development and Church Street along the R460 would have negligible impact on the accessibility of the development to the town centre.”
The council’s refusal also stated there was “inadequate provision of public open spaces for the proposed development” and that “the proposed development, if permitted, would constitute over-development”.
The Gort Local Area Plan requires a minimum of 10% to 15% public open space in residential areas. Daleoak Development’s appeal stated its plan provides 19%, including 10% communal green areas and 9% “shared surface homezones”.
“In order to allay any concerns the board may have, there is the possibility to provide even more generous communal open areas within the layout by way of minor alterations,” it added.
The appeal stated Daleoak’s proposals do not constitute over-development of the site and it considers the mix of nearly 75% semi-detached homes to 25% detached, “appropriate to this suburban location”. It also states that in layout options one and two, provided in the application, 32 of the 60 units in the outline part of the scheme are semi-detached and this represents 53.3%, “therefore an even more balanced housing mix has now been provided”.
The appeal also noted these options allow all units in the full permission to be serviced by vehicular access and parking to the front.
The refusal stated the development had “inadequate provision of privacy” and this, combined with the lack of open spaces, would go against two sections of the Gort Local Area Plan 2006 and therefore “would not provide for an acceptable standard of residential amenity and would seriously injure the amenities of the prospective occupiers of the residential units”.
The developer’s appeal stated that in its layout options one and two, all the proposed units comply with the minimum required 3m between side walls of adjacent dwellings.
The refusal also hinged on the council’s assertion that Daleoak Developments Ltd had failed to put forward satisfactory proposals to comply with the local authority’s Housing Strategy and Part 5 of the Planning and Development Act 2000 and Planning and Development (Amendment) Act 2002.
The developer’s appeal stated it had written to the local authority as part of the planning application saying it would comply with Part 5 of the act by way of financial contribution.
Following a meeting with the local authority, Daleoak Developments appeal stated, “we consider that the Part 5 proposal has now been adequately specified” allowing the “finer details of the negotiations” to be dealt with by way of condition.
An Bord Pleanála will decide whether or not to uphold Galway County Council’s decision on the future of the Ballyhugh development by October 11.