Approval in principle for the construction of 28 dwellings and provision of retail space addressing siting and means of access

Why was this approved?

• Compliance with 1982 residential designation
• Justified site extension for infrastructure benefits (bus layby, crossing)
• Acceptable retail scale in predominantly residential zone
• Highway safety with visibility splays and no Highways objection
• Tree loss mitigated by replanting; bat impacts conditioned
• Adequate open space; no flood/drainage evidence against

Find Similar Applications

Click a button above to find applications similar to this one.

See how this application compares to similar ones — policies, conditions, and outcomes side by side.

Decision & Reasoning

Policies Assessed (12)

Conditions (7)

1. 1

   Time limit

   The development hereby approved shall be begun either before the expiration of four years from the date of this approval or before the expiration of two years from the date of approval of the last of the reserved matters.

2. 2

   Reserved matters application time limit

   Application for approval of the reserved matters shall be made to the Department before the expiration of two years from the date of this approval and thereafter the development shall only be carried out in accordance with the details as approved.

3. 3

   Reserved matters approval

   Approval of the details of design, external appearance of the buildings, internal layout, landscaping of the site (hereinafter called "the reserved matters") shall be obtained from the Department in writing before any development is commenced.

4. 4

   Additional reserved matters details

   In addition to the matters referred to in condition 3 above, the application(s) for reserved matters must also provide: a) flood risk assessment; b) foul/surface water drainage; c) lighting details re bats/trees; d) bat surveys; e) visibility splays 2.4m x 70m; f) pedestrian crossing/bus layby/highway drainage; h) pedestrian link surface/drainage.

5. 5

   Access prior to works

   No other work may commence on site until such times as the access into the site from the A1 together with the visibility splays as approved have been provided in accordance with the approved plans and retained as such thereafter.

6. 6

   Landscaping implementation

   All planting, seeding or turfing comprised in the approved details of landscaping must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the dwellings, whichever is the sooner. Any trees or plants which within a period of five years from the completion of the development die, are removed, or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species.

7. 7

   Occupation after infrastructure

   None of the dwellings hereby approved nor the commercial unit(s) may be occupied until such times as the bus lay-by and pedestrian crossing approved as part of this application are in place and available for use.

Public Comments (13)

Consultation Responses

The original application sought approval in principle for 28 dwellings (including affordable units) and 418m² retail space on land partially designated residential in the 1982 Plan, approved by the Planning Committee on 30 November 2015 subject to a legal agreement, with decision notice issued 8 February 2016. Appellants argued the site exceeded the zoned area, was de-zoned by Planning Circular 8/91 due to flooding and access issues, omitted from Residential Land Availability Study Update 7, would harm highway safety on the A1 TT course, trees, wildlife (bats), flood risk, and landscape. The inspector found the 1982 Plan designation carried determinative weight, gave negligible/moderate weight to contrary material considerations, accepted highway improvements (access, crossing, lay-by), no significant flood risk per assessment, tree loss mitigable by replanting, wildlife protectable by conditions, and visual impact acceptable as 'rounding off' in village. Appeals dismissed on 8 June 2016, upholding approval with refined conditions.

Inspector: Ruth V MacKenzie BA(Hons) MRTPI