Officer Condition Discharge Memo

Department of Environment, Food and Agriculture Planning and Building Control Division MEMORANDUM To: Head of Development Management/Senior Planning Officer From: Abigail Morgan, Senior Planning Officer Date: 07 September 2017 Re: 09/01334/B - Erection of a dwelling (comprising amendments to PA07/00888B), Barroose Farm, Barroose Road, Baldrine SATISFACTION OF CONDITION 1.0 Description and Background 1.1 The above application was permitted 15.10.2009, subject to a number of conditions including the following; C4. Prior to the commencement of development details of the wind turbine and free-standing solar panels must be submitted to and agreed by the Planning Authority. C5. Prior to the commencement of development a scheme of landscaping that includes indications of all existing trees and hedges within the site and details of any to be retained together with measures for their protection during the course of construction must be submitted to and agreed with the Planning Authority. Such scheme must include a plan that indicates the location of and allocates a unique reference number to each existing tree to be retained on the site which has a stem with a diameter, measured over the bark at a point 1.52m above ground level, exceeding 79mm. Prior to the commencement of any works relating to the agreed scheme, each tree must be clearly marked with its unique reference number. All planting, seeding or turfing comprised in the agreed scheme 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.

1.2 After the application was approved in information relation to the above conditions was requested by the Department in 2012. As the application was an amendment to the 2007 approval the agent had assumed that as the conditions were dealt with under that approval that no further action was required. Having been advised that for clarity the information should be submitted again under the 2009 approval. Following that the planning file does not have further paperwork. Following recent contact with the agent he provided a copy of a letter sent to the Department in December 2012 providing the required information. There is no record of this being received on the file. This along with a new covering letter and the required information has been submitted date stamped received 24 August 2017, in order to finalise the paperwork.

1.3 The submitted information is the same as was approved under the 2007 approval.

1.4 While some time has passed and it is considered that the development has commenced therefore the applicant could have reasonably assumed that the details were acceptable as they had been previously considered to meet the requirements of the conditions. Also the

landscaping plan was submitted with the re-submission of the application and is stamped approved 09.10.09 on the 2009 approval file. It would appear that the conditions were copied over from the 2007 approval and did not take into account the additional information submitted with the new application. The 101 drawing is also referenced on the approval notice.

2.0 Proposal

2.1 The submission for the wind turbine and free-standing panels includes data sheets and two drawings K056/P/10-100 & K056/P/10-101 which show their respective positions. With regards to their positions nothing has changed since they were approved in 2009. On this basis the submission is considered to be acceptable and meet the requirements of the condition. This condition is not considered to go to the heart of the approval or affect the integrity of the approval.

2.1 Drawings K056/P/10-100 & K056/P/10-101 also set out the trees to be retained, their protection numbering and details of the proposed landscaping. The proposal is to keep the majority of the existing trees and hedges on boundaries with some new planting, predominantly shrubs along the driveway. To the north of the site the proposal is to plant a number of trees consisting of a mix of oak, elm and rowan. This plan was submitted with the re-submission of the application and is stamped approved 09.10.09 on the file and is referenced on the approval notice. On this basis the submitted information is considered to meet the requirements of the condition.

3.0 Recommendation

3.1 It is considered that the Wind Turbine and Solar Panel Datasheets and Drawings K056/P/10-100 & K056/P/10-101 satisfy C4 and the first part of C5. The rest of the condition requires the measures to be carried out and relates to 5 year replacement of trees and as such the condition cannot be discharged in full.

Signed Date 7/9/17