An Coimisiún Pleanála overrule inspector to grant permission for 'modest' west Mayo house

AN Coimisiún Pleanála granted planning permission for the construction of a house in near Westport despite their own inspector and Mayo County Council recommending a refusal.

An appeal by Nicole Moran against a decision by Mayo County Council to refuse planning permission for a house on family-owned land at Rusheen, Carrowholly, Westport was successfully upheld by An Coimisiún Pleanála.

The inspector who oversaw the appeal had recommended that the appeal would be refused on the grounds the design of the house would 'would not meet the high standards' sought for the area.

However, the Commission disagreed with the inspector's recommendation stating that the house would be 'modest in design and scale' and would not impinge in a significant way on its setting or the wider landscape.

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In the planning appeal, Ms Moran stated that she had traveled a lot for work overseas, but at this point needed to permanently move home to be close to her elderly parents. The proposed site was to be located adjacent to her parent's home close to Clew Bay.

Mayo County Council had refused the planning application on the grounds that the proposed effluent system was too close to the high-water mark and the applicant had failed to show that an alternative 'less sensitive' site is not available on the family owned site.

Ms Moran appealed the decision stating that there were no scenic views, viewing points and scenic routes applicable to the site or area and the percolation area is located on high ground five metres above the high water mark.

In his report to An Coimisiún Pleanála, planning inspector, Ciarán Daly, accepted that Ms Moran had demonstrated a link to the area and he did not accept the percolation area was a flood risk and as a result the development would not be a risk to any water body .

However, he expressed concern over the 'horizontal emphasis of the design' of the building in an elevated position and felt it would 'appear out of character in this rural coastal area'.

“In this regard, I consider the design would not meet the high standards of siting and design sought under Policy Objective RHO 4 for the area. It would also not enhance the landscape character of the area in this regard contrary to this objective of the County Development Plan. I consider that permission should be refused in relation to this issue,” he said.

The Commission decided by two votes to one not to accept Mr Daly's recommendation and granted planning permission for the development.

In giving their reasons for allowing the appeal, the Commission pointed out that the proposed house will have a lower ridge height than the adjoining property and as a result will not impinge in a significant way on its setting or the wider landscape.

In addressing concerns the Inspector had over the issue of sightlines and possible impacts on adjoining boundaries, the Commission considered the matter of sightlines as one that could be addressed by way of a compliance condition.

As a result planning permission was granted for the development subject to seven planning conditions.