North Tipperary County Council

Planning & Development Department

Civic Offices
Limerick Road
Nenagh
Co. Tipperary

18th of August 2010

Dear Sir/Madam,

RE: 12 No. SINGLE STOREY HOUSES, NEW ENTRANCE AND INTERNAL

ROADWAYS, STORM WATER ATTENUATION SYSTEM, CONNECTION TO
FOUL SEWER, LANDSCAPING AND ALL ASSOCIATES SITE WORKS.
PHASE 1 OF THREE PHASE DEVELOPMENT @ BALLYCRAGAN, PUCKANE,
NENAGH, CO. TIPPERARY

REGISTER REFERENCE: 10510328

1.0 INTRODUCTION
On behalf of our clients, Bernie Craughan, Puckane Development Association
(“the Boreen” Puckane, Nenagh, County Tipperary ) we hereby lodge a third party
submission in respect of the above mentioned proposed development.

Our client’s object to the proposed development. The full grounds of our clients’
objection are set out below. We enclose the prescribed statutory fee of €20.00.

2.0 GROUNDS OF OBJECTION

We have perused in detail the plans and particulars submitted in support of this
planning application and we submit to the Planning Authority that a number of
important issues have not been adequately addressed by the applicant, these
include:

 The adverse cumulative impact of the overall development of the subject

lands has not been assessed;
 The proposed development does noty comply with Smarter Travel: A
Sustainable Transport Future – A New Transport Policy for Ireland 2009 - 2020
 Non-Compliance with the Masterplan 3 of the Western Area Local Area
Plan;
 Inadequate regard to the Puckane Village Design Statement.
 The capacity constraints of service infrastructure within Puckane village to
accommodate the proposed development is inadequate.
 Lack of pedestrian links between the subject site and the village centre.
 Traffic Impacts & Road Safety
Having regard to the above and the applicant’s failure to address the above
mentioned issues, we respectfully submit that this planning application should be
refused.

Cumulative Impact

We respectfully submit to the Planning Authority that the indirect and cumulative
impact of wider development within the site has not been assessed with respect to
such issues as traffic impact, flooding, foul effluent and community and social
infrastructure provision.

It is stated by the applicant that the proposed development is Phase 1 of an overall

three phase development. However there are insufficient details provided within the
planning documentation submitted as to what the future additional phases of
development will include. Accordingly, the cumulative impacts of the development
of the subject site cannot be assessed. We therefore submit that this planning
application represents project splitting and should be refused.

National planning policy, including the National Spatial Strategy, Guidelines for
Sustainable Residential Development in Urban Areas and the Development Plan
Guidelines require that the urban extension of established settlements should take
place in a coherently planned and sequential manner. The proposed development
does not accord with this principle and will result in piecemeal and uncoordinated
development and the inefficient provision of infrastructure.

Sustainable Planning & Travel

The planning authority will be aware of the major oversupply of zoned land and
housing nationally together with Government policy as articulated in the National
Spatial Strategy and the Regional Planning Guidelines for the Mid-West Region to
focus new residential development in larger urban centres and serviced
settlements. Owing to the severe economic downturn brought about substantially
by major regulatory weaknesses in our planning system and property development
sector, national planning policy and legislation together with transport policy has
moved on markedly in the intervening period since these lands were speculatively
zoned for development. The planning authority will be aware that the Planning &
Development (Amendment) Act 2010 is now law and that within one-year a
Variation of the North Tipperary County Development Plan will be required to
address the oversupply of zoned land in inappropriate locations.

The proposed development is entirely car dependent and as a consequence

contravenes Government’s current transport policy – Smarter Travel: A Sustainable
Transport Future. We would respectfully refer the Planning Authority to a recent
landmark decision by An Bord Pleanala with respect to a proposed phased
residential development in Dunmore East, County Waterford (PL 24.234725).

In deciding to refuse planning permission the Board noted:

• The Board considered that the expansion of the town of Dunmore East
should be planned in tandem with the provision of the services and
 infrastructure necessary to sustain new development and that the
provision of individual waste water systems to facilitate individual housing
schemes was neither an economical nor environmentally sustainable
approach.
• Having regard to the scale of the proposed development (Phase 1 of a
much larger development) in relation to the town of Dunmore East, it
appears to the Board that the development is, to a substantial degree,
aimed at attracting commuters, rather than responding to likely local
needs. The proposed development would, therefore, promote an
unsustainable development pattern contrary to the National Spatial
Strategy and other general policies of the Government in relation to
sustainable development.
• Also the Board considered that the lay-out and design of the proposed
development was generally of a suburban character and likely to detract
from the distinctive character of the town.

Non-Compliance with Masterplan (MP) 3

The Puckane settlement plan included within the Western Area Local Area Plan
provides a clear development brief for the subject site. This Masterplan states:

“To provide low density cluster style development 10.5 acres of land situated west
of the GAA pitch on the Dromineer Road as follows

1. To provide 20% serviced sites as part of low density housing. Housing

shall be single storey to protect views to and from the lake.
2. To provide an internal access road via the open space/amenity area
and reserve an access to the rear of the GAA pitch to link with the
tennis courts; the open space shall be provided as part of the overall
master plan and as a community benefit.
3. To provide an open space/park as part of the development;
4. The overall layout housing to be designed to Arcadian principles, such
that all boundaries forward of the dwellings shall be soft landscaping
and not concrete walls, with internal roads designed to be rural in
character.
5. To provide road widening, footpath and public lighting along the
Dromineer Road to link to the village centre”

Also within the specific objectives of the Puckane settlement Plan, the following
items are listed:

1. “To provide and improve roads, footpaths, traffic calming, public

lighting and signage within the village as finances allow and as
developments take place. To provide new and improved footpaths on
the Urra Road from the Cuan Deirg housing to the junction with the
R493. To extend this footpath to Killdangan GAA club and Ballycraggan
as part of new development along the Urra Road. Development on
sites MP1 and MP3 will be required to make a special contribution to
this required infrastructure”
 11. “To require necessary infrastructure along the R493 and L5006 as part
of master plans, including (i) a footpath with public lighting linking the
developments to the village. (ii) A foul sewer connection to the village
treatment plant; and (iii) upgrading of the village treatment plant.
Items (i) and (iii) to be agreed with Roads and Water Services sections
of the Council.
12. “The existing school is at capacity and is land locked and not capable
of being extended. It is an objective of the plan to provide for a future
school site within master plan MP3.”

The Planning Authority will note that the Department of Environment, Heritage and
Local Government has published Guidelines for the Provision of Schools and the
Planning System. The Guidelines provide that the future location and capacity of
school infrastructure must be identified in all planning applications for major new
urban development. The future school location is not indicated anywhere within the
plans and particulars submitted by the applicant.

On examination of the documents, plans and particulars submitted as part of the

planning application it is clear that the planning application does not conform with
the Masterplan 3, inter alia, as follows;

 There are no proposals submitted to provide road widening, footpath and public
lighting along the Dromineer Road to link the Village centre as requested in the
Masterplan 3.

Capacity of Local Service infrastructure

The Planning Authority will be aware of its obligations under the Waste Water
Discharge (Authorisation) Regulations SI No. 684 of 2007 as outlined in Circular Letter PD 7/09

It is noted from the plans and particulars submitted that the applicant intends to
connect to the public sewer within Puckane. However the existing sewerage
treatment plant is currently operating at capacity. The Planning Authority will be
also aware of the implications of the Water Framework Directive and Ireland’s
obligations under this Directive to achieve ‘Good’ status in all water bodies by 2015.
This is confirmed within the Western Area local Area Plan which states;

Objective SO 13: “The existing sewerage treatment plant is at capacity and will
require an upgrade to accommodate the planned expansion of the village.
Developers will be required to enter partnerships towards the provision of an
improved facility. This may be dealt with through a number of options that include
a public private partnership, a serviced land initiative or through special
development contribution scheme”.

And also Item 2.6 on page 5 of the Puckane Village Design Statement states;

“the existing sewerage system has limited capacity. This is of serious concern to the
community. Prior to the addition of new housing to the village sewage issues need
to be addressed.”
There are no proposals submitted to upgrade the sewerage treatment plant within
Puckane and therefore contravenes the objectives of the Western Area Local Area
Plan.

During the Western Area Local Area Plan consultation and the Village Design
Statement process both Mr. Pat Slattery & Mr. Brian Beck of North Tipperary County
Council gave assurances to the residents of Puckane that no development will take
place on zoned lands within the Village until the capacity of the sewerage treatment
plant has been adequately increased.

Within the Village of Puckane there is a serious issue relating to the disposal of
storm water particularly within Ballycraggan. During times of heavy rains flooding
occurs within the hurling field and within Ballycraggan estate itself. The Planning
Authority will be aware of the published Flood Guidelines for Planning Authorities.
No justification has been provided within the plans and particulars submitted to
address the issue of flooding within Puckane.
This will be further exacerbating an existing problem as the proposed entrance to
the proposed development is the LOWEST point in the Village as per OS Maps and
Data.

Traffic Impacts & Road Safety

As discussed above, the cumulative traffic impacts of the proposed development

cannot be assessed by the Planning Authority as the ultimate volume of vehicular
traffic generated by phases 2 & 3 of the overall development of the subject lands is
not provided by the applicant.

The proposed vehicular access junction from the proposed development to the
L5006 Dromineer/Urra Road is substandard in both road width and sufficient lines of
sight. The L5006 Dromineer/Urra road adjacent the subject site has a substandard
vertical and horizontal alignment is circa 4 meters in width and does not allow for
two cars to pass simultaneously. The proposed development for the subject site
does not contain proposals to upgrade this road. The proposed development
together with the cumulative impacts of the overall development of the subject
lands will generate significant additional traffic movements on the adjacent road
network and would constitute a traffic hazard.

The applicant companies have also failed to indicate the required sightlines from
the proposed access junction. We submit that the proposed junction in its current
format has substandard sightlines. Sightlines from the entrance to the proposed
development must be measured using standards from the NRA Design Manual for
Roads and Bridges and the DOE Traffic Management Guidelines. This requires the
“x” point of the site line to be taken from the centre point of the access 4.5 metres
from the edge of the carriageway. The standards allow for a relaxation in the
standards to 2.4 metres for individual residential units. This relaxation does not
apply in this instance. The standards require that the Y-distance measurement to
the right of the entrance was taken to the near side of the carriageway, while the Y-
distance to the left of the site betaken to the centre of the carriageway as per the
requirements contained in the NRA Addendum to TD 42/95. These are reproduced
as Figures 1 & 2 detailed below.

Figure 1: `y' Visibility Distances from the Minor Road

Figure 2: Visibility Standards

Furthermore, an Independent Road Safety Audit should have been undertaken by

the applicant in order to access the suitability of the proposed junction to cater for
the proposed development.

Owing to the substandard nature of the adjacent road network and access junction
the development the development as submitted would constitute a traffic hazard
and would endanger the safety of the existing road users.

Conclusion
The proposed development contravenes national and local planning policy guidance
and particularly the policies and objectives of the Western Local Area Plan. The
proposed development by reason of substandard vehicular sightlines and the
overall cumulative impact of the future phased development of the subject lands
would have an adverse impact on the capacity of the local road network and would
constitute a traffic hazard.

We therefore respectfully submit that the proposed development should be refused

planning permission by the Planning Authority.