PLANNING REPORT by 7Q3dg431

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									                       PLANNING REPORT

Ref:            05/325
Applicant: Mc Namara and O’Dwyer
Location:       Pennywell
Development:    Funeral Home.

Proposed Development:
The proposed development consists of the construction of a funeral home on a site
previously used a auto repair garage located at the junction of Lelia Street and New
Road Pennywell. The site is adjacent to a residential development. The development
has a started floor area of 170 sq.m. and consists of 2 viewing rooms ancillary offices
and work areas and parking for 2 cars.
Departmental Reports:
Fire officer states no objection.
No other reports received.

Objections:
A number of objections have been received from the residents of the area objecting to
the development non grounds of traffic generation and the resulting impact on their
amenities.

Planning Assessment:
The site of the proposed development is located in an area zoned general purposes in
the city development plan. Such a use is open for consideration. In the context of the
current application traffic is the key issue and the impact that the limited amount of on
street parking will have on the residential amenities of the area. In this context is is
observed that there are double yellow lines along the entire boundary of the site and
that there is a limited disk parking area to the front of the residential properties which is
there to deter all day parking. It is considered that by virtue of the primary operating
times of a funeral home that the proposed development will seriously impact on the
limited parking in the area so as to negatively impact on the residential amenities of the
residents of the area and as such the development would be contrary to the proper
planning and development of the area.

Recommendation:
I recommend that permission be refused:
Schedule:
   1. Having regard to the location of the site immediately adjacent to a residentially zoned
      area where there is limited available on street parking and the lack of any available
      parking fronting the site, it is considered that the proposed development by virtue of the
      traffic generated and associated noise and nuisance generated that the proposed
      development would detract from the residential amenities of the area and as result
      would depreciate the value of these properties which would be contrary to the proper
      planning and sustainable development of the area.



Kieran Reeves
Senior Executive Planner                                         Date:
Form B.
                             LIMERICK CITY COUNCIL
                           _____________________________

 LOCAL GOVERNMENT (PLANNING & DEVELOPMENT) ACTS, 1963 TO
                         2000

 APPLICATION FOR OUTLINE PERMISSION / APPROVAL / PERMISSION

Ref No.        P05/325            Proposed              Planning permission for change of use to funeral
                                  Work:                 home at site and to include partial demolition of
                                                        existing workshops, office and toilet blocks,
                                                        construction of a single storey building with yard,
                                                        signage and ancillary works
               26/7/2005                                Limerick Auto Crash Repair, New Road,
Date Rec'd                        Situated at:          Pennywell, Limerick
                                                        Ms. I McNamara and Mr. M. O’Dwyer
Date Due                          Proposer:
                                  Architect/            Eileen McNamara Architects
                                  Engineer


                RECOMMENDATIONS OF PLANNING OFFICER

I recommend that application be refused for the following reasons:

The proposed development would be contrary to the proper planning and development
of the area in that:-

   1. Having regard to the location of the site immediately adjacent to a residentially zoned
      area where there is limited available on street parking and the lack of any available
      parking fronting the site, it is considered that the proposed development by virtue of the
      traffic generated and associated noise and nuisance generated that the proposed
      development would detract from the residential amenities of the area and as result
      would depreciate the value of these properties which would be contrary to the proper
      planning and sustainable development of the area.




City Manager's Order                       Signed
Decide to refuse on the basis                                    Senior Planner/Planning Officer
of reasons outlined under (1) to (1)                   Date:
above.
                                                                 Director of Service
                                                       Date:
                     PLANNING AND DEVELOPMENT ACT 2000 to 2002


        P.05/325                         Manager's Order:


        Name of Applicant:               Michael O'Dwyer & Irene McNamara
        Address:                         C/O Eileen McNamara Architects Ltd.,
                                         2 O' Connell Tce,
                                         O' Connell Avenue,
                                         Limerick.


Nature of Application:           PERMISSION for change of use to funeral home at site of
                                 Limerick Auto Crash Repair, to include partial demolition of
                                 existing workshops, office and toilet blocks, construction of a
                                 single storey building with yard, signage and ancillary works.

Date Received:                   26/07/2005

Further Information Received:

Location of Development:         New Road Pennywell Limerick



ORDER:                   That it is hereby decided to REFUSE TO GRANT PERMISSION in the case
                         of application 05/325 under the Planning and Development Act 2000 on the
                         grounds stipulated on the Schedule hereto.

                         REASON
The proposed development would be contrary to the proper planning and development of the area in
that:-

    1. Having regard to the location of the site immediately adjacent to a residentially zoned
       area where there is limited available on street parking and the lack of any available
       parking fronting the site, it is considered that the proposed development by virtue of the
       traffic generated and associated noise and nuisance generated would detract from the
       residential amenities of the area and as result would depreciate the value of these
       properties which would be contrary to the proper planning and sustainable development
       of the area.



                                                 __________________________________
                                                 DIRECTOR OF SERVICE


                                                 DATE:___________________________
                                LIMERICK CITY COUNCIL

                 PLANNING AND DEVELOPMENT ACT 2000 to 2002
                     NOTIFICATION OF DECISION TO REFUSE

TO:   Michael O'Dwyer & Irene McNamara
      C/O Eileen McNamara Architects Ltd.,
      2 O' Connell Tce,
      O' Connell Avenue,
      Limerick.


Planning Register Number:                   P.05/325

Application Received:                       26/07/2005

Further Information Received Date:


In pursuance of the powers conferred upon them by the above-mentioned Acts,
Limerick City Council has by Order dated                    decided to
REFUSE TO GRANT PERMISSION for development of land, namely:-


Permission for change of use to funeral home at site of Limerick Auto Crash Repair, to
include partial demolition of existing workshops, office and toilet blocks, construction of a
single storey building with yard, signage and ancillary works. AT New Road Pennywell
Limerick IN ACCORDANCE WITH THE PLANS SUBMITTED WITH THE APPLICATION.

For the 1 reasons set out in the Schedule hereunder.

REASON
The proposed development would be contrary to the proper planning and development of the
area in that:-

   2. Having regard to the location of the site immediately adjacent to a residentially zoned area
      where there is limited available on street parking and the lack of any available parking fronting
      the site, it is considered that the proposed development by virtue of the traffic generated and
      associated noise and nuisance generated would detract from the residential amenities of the
      area and as result would depreciate the value of these properties which would be contrary to
      the proper planning and sustainable development of the area.

Signed on behalf of Limerick City Council

                                                    _________________________________
                                                    DIRECTOR OF SERVICE

                                                    DATE: ___________________________
NOTE: Section 37(1)(a) of the Planning and Development Act, 2000 is to the effect that an applicant for permission and any person who made
third party/submissions or observations in writing in relation to the planning application in accordance with the permission regulations and on
payment of the appropriate fee, may, at any time before the expiration of the appropriate fee, may, at any time before the expiration of the
appropriate period, appeal to An Bord Pleanala against a decision of the Planning Authority. The appropriate period means the period of 4 weeks
beginning on the day of the decision of the Planning Authority. (N.B. not the date on which the decision is sent or received).

Section 127(1) of the Planning and Development Act, 2000 is to the effect that an appeal to An Bord Pleanala shall-
     (a) be made in writing,
     (b) state the name and address of the appellant or person making the appeal and of the person, if any, acting on his or her behalf,
     (c) state the subject matter of the appeal,
     (d) state in full the grounds of appeal and the reasons, considerations and arguments on which they are based,
     (e) in the case of an appeal by a person who made third party/submissions or observations in accordance with the permission regulations,
          be accompanied by the acknowledgement by the Planning Authority of receipt of the third party/ submissions or observations,
     (f) be accompanied by such fee as may be payable in respect of the appeal (see schedule below).
          You are advised to verify the fee for an appeal with An Bord Pleanala at (01) 872 8011 as this is subject to change from time to
          time and the incorrect fee will invalidate your appeal.
     (g) be made within the period specified for making the appeal. (Note: The appeal must be
          received by An Bord Pleanala within 4 weeks beginning on the date of the making of the
          decision by the Planning Authority. (N.B. not the date on which the decision is sent or
          received).

The financial contributions attached to this permission have been applied in accordance with the Contribution Scheme adopted on 10/03/2004 by

Limerick City Council. These contributions cannot be appealed to An Bord Pleanala unless the applicant considers that the terms of the Scheme

have not been properly applied in respect of any condition laid down by the Planning Authority.



     Please Note that an appeal which does not comply with the requirements of section 127(1) of the Planning and Development Act, 2000
     shall be invalid.

    Please further note that appeals should be addressed to The Secretary, An Bord Pleanala, 64 Marlborough Street, Dublin 1.
Schedule of Fees payable for appeals made to An Bord Pleanala
                               Case Type                                        On or before        On or after 28th
                                                                                  th
                                                                               25 February          February 2005
                                                                                     2005
                              Planning Acts¹
a. Appeal against a decision of a planning authority on a planning €1,800                        €1,900
    application relating to commercial development, made by the person by
    whom the planning application was made, where the application relates
    to unauthorised development.

b.   Appeal against a decision of a planning authority on a planning            €600              €630
     application relating to commercial development, made by the person by
     whom the planning application was made, other than an appeal
     mentioned at (a).

c.   Appeal made by the person by whom the planning application was             €600              €630
     made, where the application relates to unauthorised development, other
     than an appeal mentioned at (a) or (b)

d.   Appeal other than an appeal mentioned at (a), (b), (c) or (f)²             €200              €210

e.   Application for leave to appeal                                            €100              €105

f.   Appeal following a grant of leave of appeal                                €100              €105

g.   Referral                                                                   €200              €210

h.   Reduced fee (payable by specified bodies)                                  €100              €105

i.   Submissions or observations (by observer)                                  €50               €50

j.   Request from a party for an oral hearing                                   €90               €95

NOTE: If an appeal relates to a planning application made prior to 11/03/2002 please contact An Bord Pleanala at 01-8728011 to ascertain the
correct fee payable

     1.   Fees under the Planning and Development Acts, 2000 to 2002 above only apply to appeals and referrals where the application
          was made to the planning authority on or after 11 th March 2002 and the appeal or referral is received in the Board on or after
          3rd June 2003. Otherwise, fees under the Local Government (Planning and Development) Regulations 2001 (SI 525 of 2001),
          apply.
     2.   Applies to:- All third party appeals except where the appeal follows a grant of leave to appeal; First party (section 37)
          planning appeals not involving commercial or unauthorised development; All other (non-section 37) first party appeals.

								
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