TII successfully appeals against East Donegal childcare facility

Transport Infrastructure Ireland (TII) successfully appealed to An Coimisiún Pleanála against Donegal County Council’s granted planning permission for a large childcare facility in Cloghfin, between Castlefin and Clady.

Donegal County Council had conditionally granted planning permission for the proposal to change of use of an existing premises to use as a childcare facility in July 2024.

The existing premises in question was The River Club, located on the N15 road, opposite the turn-off to Clady in Tyrone.

Proposals for the childcare facility indicated a maximum childcare capacity of 102 children, with 15-20 staff members. Notwithstanding the quoted capacity, the application outlined that 32 parents would access the facility along with the staff, with the figure of parents based on an assumption that families would have more than one child using the childcare facility and that friends or neighbours would carpool.

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An inspector’s report by An Coimisiún Pleanála summed up the TII’s grounds of appeal by pinpointing that the “character of the road and also its reliance on intensification of a direct access to a national road at a location where a 100kph speed limit applies, is at variance with the provisions of official policy and has potential to compromise the safety and efficiency of the national road network.”

Regarding local planning policy, it was stated: “The provision of childcare accessing the N15 by means of an existing access to the national road, at the location concerned, will inevitably bring about additional vehicular movements associated with the use of a private childcare facility at very specific time periods, which will result in intensification of access onto and off the N15,” and that “given its nature and concentrated journeys at specific times to the high-speed national road location, the proposal would be contrary to the provisions of official policy.”

Road safety considerations were also taken into account, with it being argued that there was “a critical need to maintain the strategic function of national roads.”

It was stated: “TII has the responsibility under the Roads Act 1993 (as amended) to specify standards in relation to design, contribution and maintenance works to national roads that must be complied with

“Such standards are in the interest of ensuring level of service and includes assessment and measures for the safety of all road users.”

TII was of the opinion that “no exceptional reasons or evidence have been outlined by the planning authority to justify a significant departure from the official policy and road safety considerations,” and noted “the proposal is located at a high-speed location on the national primary road.

“Vigilance is required, having regard to legacy situations. Concerns highlighted on the Road Safety Audit were rejected by the applicant’s designers.”

The inspector of An Coimisiún Pleanála recommended that planning permission for the childcare facility in Cloughfin be refused, stating An Coimisiún was “not satisfied that the proposed development would not result in an adverse intensification of an existing access point onto a National Road where the speed limit of 100 km per hour applies,” and would “interfere with the safety and free flow of traffic”, “endangering public safety by reason of traffic hazard.”

Mick Long, the Planning Commissioner of An Coimisiún Pleanála, confirmed this position when he authorised the decision to refuse planning permission for the application on November 18.

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