Planning for three Swinford houses granted

AN Bord Pleanála has overturned a decision by Mayo County Council to reduce the number of houses in a Swinford development from three to two.

In March 2022, James Byrne was granted planning permission by Mayo County Council for the construction of two houses on a site at Park Road, Swinford, despite applying to construct three houses on the site.

In their ruling, Mayo County Council planners found that the proposal for three dwellings on the 0.201 hectare site was unacceptable in terms of the proposed high density in a low-density residential area. The council stated that the site is zoned residential low density with five units per hectare, and that the proposed three dwellings would push the site to nearly three times this land-use zoning objective.

Mr Byrne appealed the decision, along with another condition relating to development levies and cash deposit.

‘Strikes a balance’

IN the appeal submitted to An Bord Pleanála (ABP) by Castlebar consultants The Planning Partnership on behalf of Mr Byrne, the appellant claimed that the decision was ‘inappropriate, unnecessary and unsupported by Planning Policy and devoid of context for the particulars of this site’.

The appellant claimed that his original proposal is supported by national policy and guidance, including the Rebuilding Ireland and Housing for All programmes, as well as the Sustainable Residential Development in Urban Area Guidelines, which refer to a minimum of 15-20 units per hectare at the edge of small towns and villages.

Mr Byrne’s consultants argued that the proposal ‘strikes a balance between achieving an appropriate quantity of development on the site whilst respecting the local pattern of development and having a revitalising effect on the area and ensuring appropriate privacy’.

‘Appropriate densification’

IN her planning report, ABP inspector Bríd Maxwell stated that she noted that the omission of the dwelling is based on the previous development plan, which assigned a low-density zoning objective to the site. The current Mayo County Development Plan (2022-2028), she noted, assigns an ‘existing residential’ zoning objective to the site, which seeks ‘to protect the amenity and character of existing residential areas’.

She stated that she believes the proposal will enhance the streetscape within this urban context and that the site has capacity for the three dwellings as proposed.

The inspector recommended that ABP remove the condition that only two dwellings be built on the site, as the proposed development would ‘represent an appropriate densification of the site’.

Deposit condition remains

MS Maxwell also recommended that the developer pay a financial contribution of €9,201 in respect of public infrastructure and facilities benefiting development in the area, while a condition requiring a cash deposit of €4,000 per dwelling should be removed.

The board of ABP adopted the inspector’s recommendation to remove the condition on reducing the number of dwellings to two, but it did not remove the condition regarding the cash deposit.

In giving their reasons for ensuring the cash deposit of €4,000 per dwelling remain in place, the Board stated that it is for the provision of footpaths, roads, public lighting and other services as ‘security to ensure the completion of these services’.