Bord refuses permission for BJD development

An Bord Pleanála has overturned a decision by local planners to grant permission for a 21-unit extension to an existing housing development in Ballyjamesduff for fear it might contribute to polluting the local watercourse.

The application to grant permission to Kieran Callaghan and Pauric Smith to build five four-bed and 16 three bed dwelling at 'Elm Drive', Moodoge, was objected to by the Elm Drive Residence Association.

Planning was granted in January 2022, only after significant further information was provided by the developers to Cavan County Council. This included that Kieran Callaghan and Pauric Smith provide a detailed masterplan for proposed open space, a timeline with which to liaise with Irish Water, and details of landscaping.

The decision came with a total of 24 conditions attached, including conditions pertaining to bonds against any failure to provide public services or open space.

Elm Drive was built on foot of an initial application for 11 dwellings lodged with the council back in 2003.

An application to provide 31 dwellings, lodged in 2006, was refused on appeal based on the topography of the site and the lack of private open space to serve the dwellings.

This was followed up with an application to build 22 dwellings the year after, which was permitted but unimplemented.

An inspector's report dated April 2022 noted the appeal of the Elm Drive Resident’s Association who stated they understood at the time of purchase that no more dwellings would be built “off the access road from the Oldcastle Road”.

Of concern was the location of an agricultural gate, an electricity pylon, temporary fencing that has since collapsed, and the unfinished state of the access road itself.

They argued also that the communal area was “not maintained” by the management company, and their appeal outlined fears over a trebling of traffic flow if the application was granted, the “narrowness” of the street, parking and health and safety.

“Objection is not raised to the proposed dwelling, only the use of the access road as a through road to serve the site, its implications for the existing communal area, and the additional future access indicated to the west of the dwellings at the end of the existing access road,” noted the inspector in their report.

In response, the application said that agricultural access would be discontinued, and that the development would comply with national planning policies and advice.

They further stated that the site is zoned for residential development and “so it should be developed”.

Inland Fisheries Ireland (IFI) meanwhile observed the proposed temporary waste water treatment plant would discharge into the Pound Stream, a tributary of the Mountnugent River which itself flows into Lough Sheelin.

It added that the EPA has identified that the Mountnugent River is already of “poor water quality status” and that the Ballyjamesduff waste water treatment plant, which already discharges into the river, will not be upgraded until 2024. The belief therefore was “no additional” discharges should be made in advance of this upgrade.

The recommendation was for the planning to be refused, based on how the development might “materially contravene” the zoning objective as contained in the County Development Plan 2022-28 to provide for sporting and recreational areas.

Furthermore, it was decided that planning be refused until such time as the Ballyjamesduff waste water treatment plant is upgraded. “The proposal may result in the pollution of this river stream with the attendant threat to public health that this would pose.”

The board upheld the recommendation of its inspector, and proceeded to refuse permission and uphold the appeal.