Permission refused for new home on area of 'open space' close to Clare town

An Bord Pleanála has upheld the decision of Clare County Council to refuse planning permission for a new home in Newmarket-on-Fergus.

Permission had been sought to build a two-storey house on an area of open space at Cnoc Alainn, Ballycar - around 1km to the east of the town.

According to planning inspector Ciara McGuinness, the site of the proposed development is an "undeveloped area of land identified as open space" within the existing housing estate which features six homes.

Permission was refused by the local authority last year with planners expressing concerns over the proposed use of public open space to accommodate the development.

"The proposed development would, therefore preclude the provision of this area of the public open space serving the overall development thus reducing to an unacceptable level the quality of public open space within the development, and would therefore be prejudicial to the amenities of the occupants of adjacent properties," stated the local authority which added that the proposal would be contrary to one of the conditions in the original planning permission for the development.

According to Ms McGuinness, a number of grounds of appeal were put forward by the applicant including submissions that the extent of open space within the existing housing estate "is not warranted due to the density of the development and the large plots associated with each dwelling."

It was further submitted that there is a "direct conflict with this area being used as open space given the lack of
maintenance and associated ambiguity with liability for any injuries or damages that could occur on the site. "

In her report, prepared for An Bord Pleanála, Ms McGuinness, notes that the Cnoc Alainn estate including the public open space, has been taken-in-charge by Clare County Council - subject to the completion of the vesting process.

Rejecting the submissions of the applicant, she said: "I consider that public open space is required in an estate for outdoor interaction between residents. I note that the Development Plan does not specify a required quantum of open space for each house. I consider the open space sufficient in size, accessible and adequately overlooked to serve as public open space. Furthermore, I concur with the planning authority, that the residents of the existing development have a reasonable
expectation that the subject site would be retained for open space purposes."

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Recommending that the appeal be refused, Ms McGuinness added: "I consider that permission in this instance would set an undesirable precedent in terms of non–compliance with planning conditions, particularly in terms of finishing estates, providing appropriate infrastructure including landscaping and open space."

Concerns over potential flooding were also put forward with Ms McGuinness adding that she was "not satisfied" that the proposed development "would not give rise to a heightened risk of flooding either on the proposed development site itself, or on other lands."

Having considered the appeal, including Ms McGuinness' report and recommendations, the board formally refused permission for the development earlier this month.