Conditions

Condition

Reason

1. The carrying out of the development shall be phased to the Council's satisfaction and before any part of the development commences a development programme shall be submitted to and agreed with the Planning Authority.

In the interests of the proper development of the site.

2. All proposed dwellings shall be used for short term letting only
and  before development commences provision to this effect shall be embodied in an agreement between the applicant and the Planning Authority, pursuant to Section 47 of the Planning & Development Regulations, 2001, as amended.

To regulate the use of the development in the interests of orderly development.

3. No dwelling shall be occupied until public water supply is available to serve the development.

To ensure satisfactory water supply to serve the development.

4. Within a period of one month prior to the date of commencement of the development, but no later than such date, the developer shall pay to Cork County Council a sum of  74, 000 Euro, updated in accordance with the Consumer Price Index from the date of grant of Permission to the value pertaining at the time of payment, as a contribution towards the expenditure proposed to be incurred by the Council in the upgrading of Castletownbere Water Supply Scheme
which will facilitate the proposed development. The payment of the said contribution shall be subject to the following:- (a) Where the proposed works are, within a period of 7 years from the date of payment of the full contribution or final instalment payment thereof, not commenced, the return of the contribution or the instalments thereof, paid during that period.
(b) Where the proposed works are, within a period of 7 years from the date of payment of the full contribution or final instalment payment thereof, carried out in part only, or in such a manner as to facilitate the proposed development to a lesser extent, the return of a proportionate part of the contribution or the instalments thereof paid during that period.
(c) Payment of interest at the prevailing interest rate payable by the Council's Treasurer on the Council's General Account on the contribution or any instalments thereof that have been paid, so long as and in so far as it is or they are retained unexpended by the Council.

No development shall take place until the monies have been paid to the Council.

It is considered appropriate that the developer should contribute towards the expenditure to be incurred by the Council in respect of these works which will facilitate the proposed development.

5. Within a period of one month prior to the date of commencement of the development, but no later than such date, the developer shall pay to Cork County Council a sum of 48,840 Euro , updated in accordance with the Consumer Price Index from the date of grant of Permission to the value pertaining at the time of payment, as a contribution towards the expenditure incurred by the Council in the provision of water supply facilities which have facilitated the proposed development. Where at the time development commences the watermain is being maintained by the Group Trustees and not the Sanitary Authority, the above contribution will be reduced by 50% subject to the applicant submitting a receipt showing the amount paid to the Group Trustees.

No development shall take place until the monies have been paid to the Council.

It is considered appropriate that the developer should contribute towards the expenditure incurred by the Council in respect of these works which have facilitated the proposed development.

6. Entrance at the Western end of the site shall be used solely for agricultural purposes.

In the interests of road safety.

7. Roads, paths, kerbs, turning spaces, junctions, etc. shall be designed, constructed and completed in accordance with the Council's Guidelines for Housing Estates 1986 unless otherwise superseded by the Conditions of this Schedule.

To ensure that estate roads, paths, etc. are completed to a satisfactory standard.

8. All public services required for the development including electrical, communal television and telephone cables shall be laid underground in accordance with the Council's Guidelines for Housing Estates (1986).

In the interests of visual amenity and safety.

9. Within a period of one month prior to the date of commencement of the development, but no later than such date, the developer shall pay to Cork County Council a sum of 13,000 Euro, updated in accordance with the Consumer Price Index from the date of grant of Permission to the value pertaining at the time of payment, as a contribution towards the expenditure proposed to be incurred by the Council in the provision of road improvement works which will facilitate the proposed development. The payment of the said contribution shall be subject to the following:- (a) Where the proposed works are, within a period of 7 years from the date of payment of the full contribution or final instalment payment thereof, not commenced, the return of the contribution or the instalments thereof, paid during that period.
(b) Where the proposed works are, within a period of 7 years from the date of payment of the full contribution or final instalment payment thereof, carried out in part only, or in such a manner as to facilitate the proposed development to a lesser extent, the return of a proportionate part of the contribution or the instalments thereof paid during that period.
(c) Payment of interest at the prevailing interest rate payable by the Council's Treasurer on the Council's General Account on the contribution or any instalments thereof that have been paid, so long as and in so far as it is or they are retained unexpended by the Council.

No development shall take place until the monies have been paid to the Council.

It is considered appropriate that the developer should contribute towards the expenditure to be incurred by the Council in respect of these works which will facilitate the proposed development.

10.  A natural stone wall shall be constructed along the entire roadside boundary.

In the interests of visual amenity.

11.  Entrance shall be treated to the Councils satisfaction and before development commences details of same shall be submitted to and agreed with the Planning Authority.

To provide proper sight distance for emerging traffic in the interests of road safety.

12.  Visible deadwork shall not exceed 300mm.

To minimise the visual impact of the development.

13.  Notwithstanding the exempted development provisions of the Planning & Development Regulations 2001, as amended, no additional structures shall be erected on the site save with the prior grant of Permission of the Planning Authority.

It is considered that additional structures warrant the making of an application for and the grant of a Planning Approval.

14.  On-site car parking facilities shall be provided for all vehicles using the site and parking bays shall measure 4.9m by 2.4m with 6.1m wide circulation aisles.

To ensure adequate on-site car parking facilities and circulation aisles to serve the development.

15.  Front boundary fencing side walls and piers of entrance shall be of natural stone construction.

In the interests of visual amenity.

16.  Entrance shall be so designed, and roadside boundaries so altered, as to provide sight distances of 130 metres, in both directions, at a point 3 metres back from the edge of the public road.

In the interests of road safety.

17.  Public lighting shall be installed to the E.S.B.'s specification and shall be switched on and kept activated to serve occupied houses until taken in charge by the Council.

In the interests of public safety.

18.  No dwelling shall be occupied until the watermain, foul sewer and storm sewer serving such dwellings are installed and functioning to the satisfaction of the Council's Estate Engineer.

To ensure that services satisfactory to the Council are provided before dwellings are occupied.

19.  The site shall be landscaped in accordance with a comprehensive landscaping scheme which shall include the following:-

(i) proposals for the protection and retention of existing on-site trees, shrubs, hedgerows and rock outcropping as features of the site;

(ii) proposals for additional planting of native or naturalised species in informal clusters;

(iii) and before development commences full details of the said scheme (including species, numbers and locations of existing and proposed planting), together with a programme for its implementation, shall be submitted to and agreed with the Planning Authority.

In the interests of visual amenity.

20.  Before development commences, a management company shall be legally incorporated to provide for the future maintenance of the site and structures of this development and legal documentary evidence to this effect shall be submitted to and agreed with the Planning Authority. This management company shall be responsible and fully liable in perpetuity for the provision and ongoing maintenance of the development .

To ensure the satisfactory maintenance of these parts of the development.

21.  Adequate provision shall be made to facilitate access to the proposed development by disabled persons. The minimum requirements to be provided shall be as set out in "Access for the Disabled - Minimum Design Criteria" published by the National Rehabilitation Board. Drawings showing compliance with this condition shall be submitted to and agreed with the Planning Authority prior to commencement of development.

To ensure satisfactory facilities for disabled persons.

22.  The developer shall take all necessary measures to preserve any features or other objects of archaeological, geological or historical interest.

In the interests of preserving these works.

23.  Surface water shall be disposed of within the site by means of soakaways and shall not be allowed to flow onto public road and roadside drainage shall not be obstructed.

To maintain proper roadside drainage and to prevent the flooding of the public road.

24.  Roadside drainage arrangements shall be maintained to the satisfaction of the Council's Area Engineer.

To maintain proper roadside drainage and to prevent the flooding of the public road.

25.  Surface water shall not be permitted to enter the foul sewer.

To prevent overloading of the sewer.

26.  Details of hard and soft landscaping using some of of the existing tree clusters as a large demonstration shall be submitted to and agreed with the Planning Authority before development commences.

In the interests of visual amenity.

27.  Before commencing any individual house construction the developer shall provide, to the satisfaction of the Planning Authority, security for the provision and satisfactory completion, including maintenance until taken in charge at the discretion of that Authority, of roads, footpaths, sewers, watermains, road lighting, open spaces and other services required in connection with the development. The security shall be a Bond in a form and amount approved by the Planning Authority and provided by a Bank or Insurance Company acceptable to the Planning Authority.

To ensure that these parts of the development are constructed and completed to a satisfactory standard.

28.  Within a period of one month prior to the date of commencement of the development, but no later than such date, the developer shall pay to Cork County Council a sum of 15,000Euro, updated in accordance with the Consumer Price Index from the date of grant of Permission to the value pertaining at the time of payment, as a contribution towards the expenditure proposed to be incurred by the Council in the provision of right turning lane at entrance
which will facilitate the proposed development. The payment of the said contribution shall be subject to the following:- (a) Where the proposed works are, within a period of 7 years from the date of payment of the full contribution or final instalment payment thereof, not commenced, the return of the contribution or the instalments thereof, paid during that period.
(b) Where the proposed works are, within a period of 7 years from the date of payment of the full contribution or final instalment payment thereof, carried out in part only, or in such a manner as to facilitate the proposed development to a lesser extent, the return of a proportionate part of the contribution or the instalments thereof paid during that period.
(c) Payment of interest at the prevailing interest rate payable by the Council's Treasurer on the Council's General Account on the contribution or any instalments thereof that have been paid, so long as and in so far as it is or they are retained unexpended by the Council.

No development shall take place until the monies have been paid to the Council.

It is considered appropriate that the developer should contribute towards the expenditure to be incurred by the Council in respect of these works which will facilitate the proposed development.

29.  The developer shall satisfy themselves that the 900mm diameter surface water drain is adequate to cater for all current and future flows through this drain before development commences.

To maintain proper roadside drainage and to prevent the flooding of the public
road.

30.  A properly designed inlets chamber including screens ,overflow and grit chamber shall be constructed at the mouth of the proposed drain  .

To prevent flooding of the public road.

31.  The proposed surface water drain shall be constructed along line A B C D E shown on site plan by the Councils Engineer.

To prevent flooding of the public road.

32.  A road levels and gradients over the proposed surface water drain and near houses 25 & 26 shall be graded in such a manner to ensure that if any blockage takes place the overflow will travel along the road and enter the sea near point E shown on site plan by the Council’s Engineer.

To maintain proper roadside drainage and to prevent the flooding of the public road.

33.  Watermain longitudinal section shall  be submitted to and agreed with the Planning Authority before development commences showing fire hydrants or scour valves at low points and air valves at high points.

To ensure an adequate water supply to serve the development.

  1. A 4’’ Bulk meter with remote readout in adjacent cabinet shall be provided at connection to group main.

In the interests of orderly development.

  1. Watermain shall extend to sewerage plant.

In the interests of orderly development.

36.  Water service control boxes for meters shall be installed for all houses.

In the interests of orderly development.

  1. All internal service connections shall be pressure reduced to 45psi after meter boxes.

In the interests of orderly development.

  1. If possible, sewer line F1 to F9 shall be rerouted around Clubhouse Restaurant to south to avoid building. Alternatively, if this is impractical, additional manhole shall be located to west of Clubhouse Restaurant on line F1 to F9 and as close as possible to Restaurant to facilitate maintenance of sewer under building. Before development commences, a revised sewer layout shall be submitted for agreement by  the Planning Authority.

In the interests of orderly development

  1. Cross sectional area of settlement tank does not comply with Clause 11.5 of BS 6297. Evidence of compliance shall be submitted before development commences.

In the interests of orderly development

40.  The sewage treatment plant shall be operated and maintained in perpetuity to the satisfaction of the Planning Authority and before development commences, written evidence of a maintenance contract to ensure the continuous operation of the treatment plant shall be submitted and agreed with the Planning Authority. The contract shall be renewed annually.

In the interests of public health.

  1. Crossing points of foul and storm water shall be avoided where unnecessary e.g. F6 & S6, F10 & S10, F20 & S20 and F23 & S23. Other crossing point levels shall be detailed to show avoidance of pipe conflict before development commences.

In the interests of orderly development

  1. A regular bus link shall be provided between the local town and the complex. Details and frequency of the services shall be agreed with the Planning Authority prior to the commencement of development. Provisions for a bus stop shall be indicated on a new site layout plan prior to the commencement of development.

In the interests of traffic management.

43.  The design of the structures shall be amended in the following respects:-
a. Hung slate shall be omitted from gables of dwellings  and replaced with traditional stone or painted plaster
b. All roof finishes shall be natural slate coloured blue/black and ridge tiles shall match in colour

c. All rendered finishes shall be painted a neutral shade and all stone finishes shall be natural
d. The proposed corrugated iron roof finish on the function room building shall be replaced with a slate roof

e All bay windows on the proposed houses shall be omitted

f. The barges over the dormer windows on house types 1 (b) and 3( b) shall be reduced to the minimum depth possible.


- and, before development commences, revised drawings making provision for the above requirements shall be submitted to and agreed with the Planning Authority.

In the interests of visual amenity.

44.  House No 11 shall be omitted and before development commences site layout plan showing provision for this and showing the surface water pipe rerouted through the site shall be submitted to and agreed with the Planning Authority.

 

45.  The proposed development shall be carried out in accordance with plans and particulars lodged with the Planning Authority on 28/05/03 19/11/03 and 02/12/03,  save where amended by the conditions herein.

To clarify the documents to which this permission relates in the interests of the proper development of the site.

46.  Before development commences, the developer shall lodge with the Planning Authority a sum of 10,000  Euro to guarantee the satisfactory completion of tree and shrub planting and all other landscaping proposals for the site as required by  the condition herein. . The sum lodged pursuant to this condition shall be refunded only when it is certified by the Council's Planning Officer that the planting and landscaping has been completed to the Council's satisfaction.

To ensure the satisfactory completion of landscaping works in the interests of visual amenity.

47.  Before development commences, the developer shall lodge with the Planning Authority a sum of 10,000  Euro to guarantee the satisfactory  retention of on site  trees.

 

48.  Construction hours shall be restricted to between the hours of 8.00a.m and 9.00 P.M Monday to Friday  and 6.00 a.m. to 1.00 p.m on Saturday

To safeguard the amenities of residential properties.

 

17th December, 2003