Development plan · Cavan County Council
Cavan County Development Plan 2022–2028 — Chapter 13
One part of the council's development plan written statement, which the council publishes in parts.
Cavan County Council · 2022–2028 · 34 pages
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- Development Management Standards 13.1 Introduction Development Management is one of the main implementation tools of a Development Plan. This Chapter sets out the development standards and criteria to ensure development occurs in an orderly and efficient manner, in all development proposals. It is the aim of the Planning Authority to promote a high standard of design and amenity and to complement the existing character of a particular area, Appeal Application Build Decision DesignPre-Planning Business Residential Re-apply NO YESCavan County Development Plan 2022-2028 430
- 13.1.1 Pre-Planning Section 247 of the Planning and Development Act, 2000 (as amended) sets out the formal procedure for prospective applicants seeking planning advice. The Planning Authority actively encourages pre-application discussions prior to the submission of any planning application. 13.1.2 Enforcement Development will be managed in accordance with policies and objectives set out in the County Development Plan and in accordance with the principles of proper planning and sustainable development. In accordance with the Planning and Development Act 2000, as amended, the role of the Planning Authority is to undertake enforcement action where necessary with respect to non-compliance with conditions attached to planning permissions and the carrying out of non-exempted development without the benefit of planning permission. Furthermore, the planning authority has special control powers under current legislation pertaining to such areas as protected structures. The planning authority will continue the practice of granting planning permission with the inclusion of conditions requiring levies and/or bonds to be paid to ensure compliance with the conditions of permission. 13.2 Common Principles for all Planning Applications 13.2.1 Access for All The Council recognises the need for universal equality of access to all aspects of the built and external environment as an essential prerequisite of equal opportunity and the development of an inclusive society. Part M of the Building Regulations sets out standards to ensure that buildings are accessible to and usable by everyone, including older people, people with disabilities and children. 13.2.2 Crime Prevention through Environmental Design Designing out crime seeks to deter the opportunities for crime to occur. In this regard consideration will be given in the design and assessment of space. Designs shall ensure residents control areas which can include footpaths and car parks, but ranges from entirely private to public spaces. Developments therefore should seek to maximise surveillance, grouping houses in smaller numbers, providing shared access spaces, narrowed or pillared entrances and appropriate road and pedestrian network. 13.3 Assessments required for Particular Projects 13.3.1 Environmental Impact Assessment Report The Planning and Development Regulations 2001, as amended, specify mandatory thresholds above which Environmental Impact Assessment Report (EIAR) are required in relation to types and scale of development proposals. Where it appears to the Planning Authority that a development proposal would be likely to have significant effects on the environment, a sub threshold discretionary EIAR can be requested by notice in writing. 13.3.2 Screening for Appropriate Assessment An Appropriate Assessment is an examination of the implication for a Natura 2000 site of any plan or project not directly connected with or necessary to the management of a Natura 2000 site in view of the site’s conservation objectives. A proposed development will only be approved where it can be determined by the competent authority (the Planning Authority) that, based on best scientific evidence, the project or plan proposed will not give rise to significant adverse direct, indirect or secondary effects on the integrity of any European sites(s) (Natura 2000 site), either individually or in combination with other plans or projects. If the Screening for Appropriate Assessment process considers that Appropriate Assessment is required, the applicant will be required to prepare a Natura Impact Statement (Stage 2 Appropriate Assessment) of the development proposed. 13.3.3 Other Assessments For certain development due to the site location and or the type of development additional assessments may be required as part of the planning proposals, which include, but are not limited to the following l Flood Risk Assessment l Traffic and Transport Assessment (TTA) & Road Safety Audits (RSA) l Architectural Assessment l Archaeological Assessment l Landscape Appraisal and Visual Assessment l Ecological/Biodiversity Assessment l Infrastructural Assessments, particularly for larger type residential developments over 50 unitsDevelopment Management 431
- VSL 01 13.3. 4 Implementation of Planning Permission The Planning Authority shall when granting a permission under Section 34 of the Act include condition/s requiring the payment of contributions in respect of public infrastructure and facilities benefiting development in its area and that is provided, or that is intended to be provided, by or on behalf of the Local Authority, in accordance with a Development Contribution Scheme made under Section 48 of the Act. 13.3.5 Supplementary Development Contribution Schemes The Planning Authority will wherever appropriate, require by conditions, payment of a contribution in respect of any public infrastructure service or project, in accordance with a Supplementary Development Contribution Scheme made under Section 49 (2) of the Act 2000. 13.3.6 Special Contribution Where appropriate, the Planning Authority, will in addition to the terms of a scheme, require the payment of a Special Contribution in respect of a particular development where specific exceptional costs not covered by a scheme are incurred by the Local authority, in respect of public infrastructure and facilities which benefit the proposed development, in accordance with Section 48(2)(c) of the Act. 13.3.7 Vacant Site Levy The Urban Regeneration and Housing Act 2015 is a site activation measure to bring vacant and underutilised land in urban areas into beneficial use, while ensuring a more effective return on State investment by enabling infrastructure and helping to counter unsustainable urban sprawl. It introduced a statutory obligation for all Planning Authorities to establish a register of vacant sites. The Urban Regeneration and Housing Act 2015 sets out two broad categories of vacant land that the levy may apply to: l Lands zoned primarily for residential purposes. l Lands in need of regeneration which includes: Mixed Use/Expanded Town Centre zonings as they offer opportunities to sustain and enhance the vitality and viability of town centres and where appropriate to consolidate urban areas. For the purposes of clarity, ‘residential’ and ‘regeneration lands’ as identified in the Urban Regeneration and Housing Act 2015 to be interpreted within the Cavan County Development Plan 2022-2028 as follows Residential: includes all lands zoned ‘Town Core’, ‘Existing Residential’, ‘Low Density Residential’, ‘Neighbourhood Centre’ ‘Proposed Residential’ and ‘Mixed Use’. Regeneration: includes all lands zoned ‘Town Core’, Neighbourhood Centre’ ‘Mixed Use’ ‘General Enterprise and Employment’, ‘Retail Warehousing’ ‘ 13.3.8 Derelict Sites A Derelict Site is defined in the Act as any land which detracts, or is likely to detract, to a material degree from the amenity, character or appearance of land in the neighbourhood of the land in question because of the existence of structures which are in a ruinous, derelict or dangerous condition, the neglected, unsightly or objectionable condition of the land or any structures on the land or the presence of litter, rubbish, debris or waste on the land. The removal of such sites is important to the overall appearance and productivity of the urban areas within the county. 13.3.9 Dangerous Structures Dangerous places and dangerous structures are defined under section 1 of the 1964 Local Government (Sanitary Services) Act and includes any place or building that, in the opinion of the authority, is, or likely to be a danger to any person or property. The process is similar to that of derelict sites, however, unlike derelict sites legislation, it is not confined to urban areas and is enforceable anywhere within the sanitary district. Vacant Site Levy Development Objective It is a development objective of Cavan County Council to: Facilitate the implementation of the Urban Regeneration and Housing Act 2015, by utilising site activation measures, including the provision of the Vacant Site Levy, to assist in bringing vacant and underutilised zoned land into beneficial use.Cavan County Development Plan 2022-2028 432
- DS 01 BDO 01 DS 02 13.3.10 Bonds To ensure satisfactory completion of housing developments, a guarantee in the form of a cash deposit or bond per residential unit (updated in accordance with the wholesale price index) will be required to be lodged with the planning authority prior to the commencement of development. This guarantee shall remain in place until the development is completed to the satisfaction of the Planning Authority, and is taken in charge, in accordance with the provision of Section 180 of the Act. In exceptional circumstances the Planning Authority may accept a phased bond/deposit payment where the development is designed and carried out on a phased basis and is taken in charge in the same phased manner. 13.3.11 Climate Change and Sustainable Buildings Sustainable design elements are essential and should be considered at the initial design stage of the design process. These elements will influence and help determine the layout, siting and orientation of building(s), height, form, materials, density and overall functionality as well as aesthetics of the proposed development. Energy efficient buildings minimise the consumption of non-renewable resources and waste and can help to create healthy and comfortable buildings and places. New development (new build) extensions and repurposing of buildings should employ high-quality sustainable design measures that help to mitigate and adapt to seasonal and climate change. All new development proposals will be required to include measures that incorporate sustainable building practices, achieve the highest energy efficiency BER Ratings for all new builds and renovations and incorporate the provision of electric (EV) charging points. The Planning Authority encourage and require new development proposals be designed in accordance with the standards outlined in the ‘National Disability Authority- Building for Everyone; a Universal Design Approach 2012’ and ‘Technical Guidance Technical Guidance Document M – Access and Use of the Building Regulations 2010 Document M- Access and Use of the Building Regulations 2010 or any subsequent update. Bonds Development Objective It is a development objective of Cavan County Council to: Developers shall be required to give security to the Planning Authority in the form of a cash deposit or Bond to ensure satisfactory completion of estates until such time as they are taken in charge by the Local Authority. Derelict Sites and Dangerous Structures Development Objective It is a development objective of Cavan County Council to: Investigate reports of dangerous places and dangerous structures as defined in the Sanitary Services Act 1964, within the county of Cavan, and encourage and enforce the required works to render that place or structure safe in the opinion of the Authority. The Council will use its statutory powers, where appropriate, to accomplish this and will consider all options available to it under the Sanitary Services Act 1964 to remove the danger. Identify under-utilised and obsolete areas for potential renewal and encourage and facilitate the re-use and regeneration of derelict land and buildings in the county’s main towns, villages and smaller centres. The Council will use its statutory powers, where appropriate, to facilitate this and will consider such buildings and lands for inclusion in the Register of Derelict Sites or the Vacant Sites Register.Development Management 433
- CCSB 01 CCSB 02 CCSB 03 CCSB 04 CCSB 05 Climate Change and Sustainable Buildings Development Objectives It is a development objective of Cavan County Council to: Encourage renewal development proposals which contribute positively to reducing energy consumption and carbon footprint. Assess applications for development, having consideration to relevant national and regional guidelines and criteria in respect of sustainable building practices and renewable energy that serve to reduce energy demand, reduce greenhouse gas emissions and address the necessity of adoption to climate change. Require that all new development proposals seek to deliver low energy buildings and the highest energy efficiency BER ratings including: l Design measures which minimise energy use, including passive solar design, energyefficient building design and emission reduction measures l Design measures which promote renewable and low carbon energy l Is designed for flexible use throughout its lifetime l Promote the use of green roofs and natural ventilation l Promote the use of permeable surfaces to decrease surface runoff rates l Institute grey-water recycling schemes to decrease abstraction of potable surface water resources, thus reducing water stress during periods of low rainfall l Maximise water conservation l Avoids internal overheating and excessive heat generation l Supplies energy efficiency and incorporates decentralised energy systems such as District Heating and uses renewable energy where feasible l Procures materials sustainably using local suppliers wherever possible ensuring designs make the most of natural systems both within and around the building l Manages flood risk, including through sustainable drainage systems (SUDS) and flood resilient design for infrastructure and property l Enhance flood resilience of buildings, e.g., elevated worksurfaces and storage facilities, raised sockets and electrical infrastructure, enhanced flood boards l Conserves and enhances the natural environment, particularly in relation to biodiversity, and enables easy access to open spaces l Avoids the creation of adverse local climate conditions l Reduces air and water pollution l Promotes sustainable waste behaviour in new and existing development All new development proposals shall be designed in accordance with the standards outlined in the ‘National Disability Authority- Building for Everyone, A Universal Design Approach 2012’ and Technical Guidance Technical Guidance Document M – Access and Use of the Building Regulations 2010 Document M- Access and Use of the Building Regulations 2010 or any subsequent update. New or replacement rural or urban dwellings shall provide for the installation of one electric vehicle charging point.Cavan County Development Plan 2022-2028 434
- 13.3.12 Urban Design All development proposals should present high quality and considered design solutions employing best practice standards. Design of development must demonstrate compliance with relevant National, Regional and Local Planning Policy while promoting best practice in architectural design. Urban Design Development Objectives It is a development objective of Cavan County Council to: Require all developments to adequately address the Key Indicators of Quality Urban Design and Placemaking as indicated in the Sustainable Residential Development and Compact Settlements Guidelines for Planning Authorities (2024), and accompanying Appendix D: Design Checklist - Key Indicators of Quality Urban Design and Placemaking, or any update thereof. All developments should include the following Building design which minimises resource consumption, reduces waste, water and energy use shall be incorporated where possible, in all new and renovated developments Sustainable Residential Development and Compact Settlement Guidelines (2024) SuDS measures are required to form part of the design of all developments The Planning Authority will seek to encourage the implementation of best practice standards with regard to access in both indoor and outdoor environments Require a detailed Design Statement to be submitted in respect of residential schemes comprising 10 or more units, large scale developments (commercial, business and enterprise buildings, office retail, educational facilities etc) and any other development proposed on key strategic or sensitive sites within the urban areas, as determined by the Planning Authority. The Design Statement shall Describe the design concept Clearly demonstrate how the urban design criteria have been taken into account when designing schemes in urban area, as per the Sustainable Residential Development and Compact Settlement Guidelines (2024) Set out how the development meets the relevant Development Plan Objectives, Local Area Plan, Masterplan or similar Provide site photographs Provide an open space/landscape strategy which identifies any areas of ecological interest and sets out proposals for same Set out how energy efficiency measures have been incorporated into the project design process Enhance the visual amenity of existing town and village centres, minimising unnecessary clutters, and provide guidance on public realm design including wirescapes, shopfront design, street furniture and signage. Development Management 435 UD 04 UD 03 UD 02 UD 01 UD 05
- 13.4 Residential Development 13.4.1 Residential Density Generally, the number of units to be provided on a site should be determined with reference to the Sustainable Residential Development and Compact Settlement Guidelines for Planning Authorities (DHLGH, 2024) or any update thereof These set out the national planning policy and guidance in relation to the planning and development of settlements and housing. The guidelines expand on the creation of settlements that are compact, attractive, liveable and well designed with a focus on the renewal of settlements and on the interaction between residential density, housing standards and placemaking. The Guidelines support the application of densities that respond to settlement size and to different place contexts within each settlement. The concept of 15–20- minute walkable communities will be sought and created, and accordingly appropriate residential densities will be encouraged within walking distance to town centres and public transport infrastructure. Due to the difficult topography of County Cavan, there are many instances where densities as per the Sustainable Residential Development and Compact Settlement Guidelines cannot be achieved. Site density, therefore, will be determined on a case-by-case basis.Cavan County Development Plan 2022-2028 436 RD 01 RD 02 RD 03 Residential Density Development Objectiveses It is a development objective of Cavan County Council to: Encourage densities where appropriate in accordance with the Sustainable Residential Development and Compact Settlement Guidelines for Planning Authorities (DHLGH, 2024) or any update thereof. In rural towns, Villages and Community Nodes any development shall take cognisance of the prevailing scale, form and character of the settlement and the capacity of services and infrastructure . Ensure densities of proposed developments reflect the key attributes and character of the surrounding/ adjoining area.
- BHDO 01 SCDO 01 BHDO 03 BHDO 02 BHDO 04 13.4.2 Building Height It is a policy to require compliance with the Urban Development and Building Height Guidelines, December, 2018. The Urban Development and Building Height Guidelines, December 2018 require that development plans identify and provide support for specific geographic locations where increased building height is a fundamental policy requirement. Development proposals for higher buildings shall have regard to Appendix D Design Checklist ‘Key Indicators of Quality Urban Design and Placemaking’ in the Sustainable Residential Development and Compact Settlement Guidelines (DHLGH, 2024) and any associated Design Manual. In general, height should respect the local streetscape. However, in towns, varied building heights are supported across residential, mixed use and town centre areas to support consolidation and create a sense of place, urban legibility and visual diversity. 13.4.3 Site Coverage Site coverage standards seek to avoid adverse effects of over-development particularly in our established towns and urban areas. Applying site coverage standards can help to safeguard sunlight and daylight within or adjoining a proposed layout of buildings. Site coverage relates to the percentage of the development site covered by buildings and structures (excluding the public roads and footpaths) and is calculated by dividing the total area of ground covered by buildings, by the total ground area within the site. Building Height Development Objectives It is a development objective of Cavan County Council to: Seek compliance with the Urban Development and Building Height Guidelines, December, 2018 or any update thereof. Development proposals that include building heights greater than the prevailing building height in the area should be accompanied by a strong urban design rationale as part of a Design Statement. The appropriate maximum or minimum height of any building will be determined by l The prevailing building height in the surrounding area l The proximity of existing housing l The formation of a cohesive streetscape pattern, including height and scale of the proposed development relative to width of street or area of open space. l The impact of any Protected Structures, Architectural Conservation Areas (ACAs) and/or sensitive sites. l Design shall take into account overlooking and privacy l Proposal should not interfere with scale, amenities and visual quality of existing development. Commence a Building Height Strategy for Cavan Town within 2 years of the adoption of the Development Plan. Site Coverage Development Objectives It is a development objective of Cavan County Council to: Individual development proposals will be assessed on performancebased criteria dependent on location and individual site characteristics in accordance with the provisions of national policy NPF NPO 13.Development Management 437
- 13.4.4 Plot Ratio Plot ratio seeks to control the mass and bulk of buildings to prevent the adverse effect of over-development, whilst ensuring the efficient and sustainable use of serviced land. Plot ratio is calculated as the gross building(s) floor area divided by the gross site area. The gross floor area is the sum of all floor space within the external walls of the buildings, excluding basement, plant, tank rooms and above level car parking areas with the gross site area constituting all land within the curtilage of the site. Higher plot ratio coverage may be permissible in certain limited circumstances such as adjacent to public transport corridors, to facilitate areas identified for regeneration purposes, and in specific areas where an appropriate mix of both residential and commercial uses is proposed. 13.4.5 Age Friendly Housing – Housing for Older People Housing is a key social policy functional area that needs to adapt in order to meet the changing needs of older people. The NPF supports national policy to assist older people to live with dignity and independence in their own homes and communities for as long as possible. In particular, it highlights the need for well designed lifetime adaptable infill and brownfield developments close to existing services and facilities, supported by universal design and improved urban amenities. Developers are encouraged to provide housing suitable for older people in locations with ease of access to services and facilities, providing independence, encouraging people to remain active and supporting people to live healthily. Developments should seek to provide house types that provide a choice for older people, which take account of changing needs as people grow older. In this regard, developers are encouraged to incorporate the principles of universal design in the provision of new residential properties. Consideration should be given to providing single storey properties in large residential developments that would provide older people with the option of downsizing if so desired. This would have the positive knock on effect of releasing larger homes for younger families. Age Friendly car parking spaces should generally be provided, where possible, in all developments. The principles of universal design should also be incorporated in the design of all new one-off/ single units to ensure houses are future-proofed and suitable for the changing needs of the occupants as they age. This will reduce the need for major adaptations/extension in the future. The adaption of existing homes to meet the changing needs of older people is also supported. It is recognised that there are opportunities for infill development in central locations in established urban areas to meet the housing needs of older people. Such development will be encouraged, subject to the appropriate standards being met. 13.4.6 Naming of Residential Development The naming of residential estates shall reflect local place names, local people of historical significance, heritage, language or topographical features as appropriate, and shall incorporate old and Irish place names from the locality. The use of bi-lingual or Irish-Language signs is encouraged. The naming and numbering of residential estates shall be approved in advance by the Planning Authority. PR 01 AFH 01 AFH 02 AFH 03 Plot Ratio Development Objectives It is a development objective of Cavan County Council to: Individual development proposals will be assessed on performancebased criteria dependent on location and individual site characteristics in accordance with the provisions of national policy NPF NPO 13. Age Friendly Housing Development Objectives It is a development objective of Cavan County Council to: Promote age friendly housing and public realm design to ensure supports are available for older people to live independently. Support the adoption of existing dwellings to meet the needs of older people. Promote universal and lifetime adoptable design in new dwellings in order to future proof and suit the changing needs of the occupants.Cavan County Development Plan 2022-2028 438
Source Cavan County Council: Cavan County Development Plan 2022–2028 — Chapter 13 (2022–2028) · Licence the publisher's termsText read from the publisher’s PDF; tables, maps and drawings do not survive as text, and page numbers are the PDF’s (its first page is 1). Check the original before relying on a passage.