Development plan · Clare County Council
Clare County Development Plan 2023–2029 (as varied)
The council's development plan written statement: its strategy, policies, objectives and development standards.
Clare County Council · 2023–2029 · 568 pages
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- __________________________________________________________________________________ Clare County Development Plan 2023-2029 4 | Urban and Rural Settlement Strategy • An analysis of the county’s Environmental, Scenic and Heritage Sensitivities. The rural areas under strong urban influence are shown in Volume 2 (Maps). In these areas, the key objectives of the Council are: a) To facilitate the genuine housing requirements of persons with a demonstrable economic or social need to live in these rural areas. b) To direct urban-generated development to areas zoned for new housing development in the adjoining urban centres, towns, villages and clusters as identified in the County Clare Settlement Strategy and to seek to enhance the vitality and viability of these settlements. In addition to the issues outlined above, development pressure on sensitive scenic and coastal areas of the county must be addressed, given that there is limited capacity to accommodate individual houses in these areas. These areas include the Burren, Loop Head, the Atlantic Coastline, Slieve Aughty, Lough Derg, and the Shannon Estuary. They are collectively known as Heritage Landscapes and are discussed in more detail in Chapter 14. There is also an important network of scenic routes in the county that must be afforded adequate protection. In these areas the objective of the Council is to facilitate rural-generated housing subject to the normal site suitability and technical requirements. 2. Remaining Rural Areas These areas comprise of all other rural areas outside of the identified pressure areas under strong urban influence. It is recognised that sustaining smaller community areas is important and as such it is considered appropriate to facilitate rural housing in accordance with the principles of proper planning and sustainable development. In these areas, the Council recognises the importance of retaining population and supporting the rural economy, while seeking to consolidate the existing rural town and village network. In these areas the key objectives of the Council are: a) To accommodate demands for individual houses for permanent occupation as they arise subject to site suitability, technical considerations and compliance with siting and design criteria for rural housing in statutory guidelines and plans. b) To maintain and strengthen existing settlements. Objectives and Criteria In order to respond to the challenges outlined above and deliver on the requirements of the NPF, the RSES and the Sustainable Rural Housing Guidelines, a different policy response is proposed for each of the following: a) New single houses in the countryside within the ‘Areas of Special Control’. b) New single houses in the countryside outside the ‘Areas of Special Control’.97
- __________________________________________________________________________________ Clare County Development Plan 2023-2029 4 | Urban and Rural Settlement Strategy c) New single houses on infill sites in the countryside. d) Replacement of sub-standard habitable houses in the countryside. e) Refurbishment of derelict houses/structures in the countryside. f) New single holiday homes in the countryside. a) New Single Houses in the Countryside within the ‘Areas of Special Control’ The ‘Areas of Special Control’ are: • Rural Areas Under Strong Urban Influence • Heritage Landscapes • Sites accessed from Scenic Routes These are shown in Volume 2 – Maps. Category A – Economic Need i. Such persons shall be defined as persons who by the nature of their work have a demonstrable economic need to reside permanently in the rural area close to their place of work. Such circumstances will normally encompass persons involved in fulltime farming, horticulture, forestry, bloodstock or marine-related activities as well as others who can demonstrate a genuine need, because of their occupation or business (not including bed and breakfasts) to live in a specific rural area. Similar part-time occupations can also be considered where it can be demonstrated that it is the predominant occupation and that the ancillary occupation(s) are located within a reasonable daily commuting distance from the site or alternatively may be facilitated through remote working. The applicant must not already own or have owned a house Development Plan Objective: New Single Houses in the Countryside within the ‘Areas of Special Control’ CDP 4.14 It is an objective of Clare County Council: i. In the parts of the countryside within the ‘Areas of Special Control’ i.e.: • Areas Under Strong Urban Influence • Heritage Landscapes • Sites accessed from or abutting Scenic Routes To permit a new single house for the permanent occupation of an applicant who meets the necessary criteria as set out in the following categories. ii. To ensure compliance with all relevant environmental legislation as outlined in Objective CDP 3.3 and to have regard to the County Clare House Design Guide, with respect to siting and boundary treatments. Note: Where the proposed site is accessed from a National route or certain Regional routes, the proposal must, in addition to compliance with this objective, also be subject to compliance with objectives CDP 11.13 and 11.14 as set out in Chapter 11.98
- __________________________________________________________________________________ Clare County Development Plan 2023-2029 4 | Urban and Rural Settlement Strategy in the surrounding rural area (except in sub-category iii as set out under the Social Need criteria) and needs the dwelling for their own permanent occupation. Where a person’s economic need relates to their engagement in farming or bloodstock they shall have a minimum farm size of 12.5 hectares within the local rural area. Where this minimum requirement is not achieved favourable consideration will only be given where a business plan can satisfactorily demonstrate that the person’s predominant occupation relates to farming or bloodstock activities on their landholding and which also demonstrates the viability of the activity(s). Or i. An applicant who is considered ineligible under the preceding category may be considered for the construction of a permanent home in Areas of Special Control, subject to being able to satisfy the Planning Authority of their commitment to operate a full-time business (not including bed and breakfasts), from their proposed home in a rural area, as part of their planning application, in order for example, to discourage commuting to towns or cities. The applicant must not already own or have owned a house in the surrounding rural area (except in sub-category iii as set out under the Social Need criteria) and needs the dwelling for their own permanent occupation. Applicants must be able to submit evidence that: • Demonstrates that the nature of their employment or business is compatible with those specified in the demonstrable economic need criteria for Areas of Special Control i.e. that they are serving a predominantly local rural business need. • Their business will contribute to and enhance the rural community in which they seek to live. For the two Economic Need categories outlined above, the documentation available/required will vary depending on the nature of the economic activity. Examples of the information to be submitted with the application include: • Details of the functional requirement to reside either at or close to their rural based business. • The overall extent of the landholding and the location(s) of same. • The nature of the operations associated with the economic activity. • The planning history associated with the economic activity (where available). • Buildings and physical infrastructure requirements associated with the economic activities. • Number of persons employed (or to be employed). • Livestock and herd numbers (if applicable). • Participation in government schemes/programmes e.g. Bord Bia Quality Assurance, Basic Payment Scheme (BPS), GLAS, or any similar/updated programmes or schemes. • Any other information that would support the application.99
- __________________________________________________________________________________ Clare County Development Plan 2023-2029 4 | Urban and Rural Settlement Strategy Category B – Social Need i. A person who is an intrinsic member of a local rural community who was born within the local rural area, or who is living or has lived permanently in the local rural area for a minimum of 10 years either as one continuous period or cumulatively over a number of periods prior to making the planning application and who has a demonstrable social need to live in the area. This includes returning emigrants seeking a permanent home in their local rural area who meet these criteria. It also includes persons who were born or lived in a rural area for substantial periods of their lives and where that area is now within an urban settlement boundary/zoned land. The applicant must not already own or have owned a house in the surrounding rural area (except in the exceptional circumstances as set out in sub-category iii below) and needs the dwelling for their own permanent occupation. Or ii. Special consideration shall be given in limited cases for persons who need a dwelling for permanent occupation in a rural area for exceptional health reasons. Any application for permission in this category shall be accompanied by a report or recommendation (and other relevant supporting documentation) from a registered medical practitioner outlining the reasons why it is necessary for the applicant to live in the rural area or to reside near family/carer support (or alternatively requires care support to live in close proximity to them). Where applicable the applicant shall demonstrate why their existing home cannot be adapted to meet their needs and shall also demonstrate why their need for a house cannot be accommodated either in an existing settlement or in the countryside outside of the Areas of Special Control. In instances where the house is proposed to accommodate the person that will provide care for a person already residing in the rural area (such as elderly persons who have resided in the area over 10 years, and/or persons who qualify due to exceptional health reasons) the new dwelling must be sited adjacent to the existing dwelling, which shall be taken to mean sites that are in close proximity to the dwelling of the person that will be cared for. Or iii. A person who is an intrinsic member of a local rural community, who was born within the local rural area or who is living or has lived permanently in the local rural area for a minimum of 10 years at any stage either as one continuous period or cumulatively over a number of periods prior to making the planning application, who previously owned a home and is no longer in possession of that home due to the home having been disposed of following legal separation/divorce/repossession and can demonstrate an economic or social need for a new home in the rural area.100
- __________________________________________________________________________________ Clare County Development Plan 2023-2029 4 | Urban and Rural Settlement Strategy Rural Area Criteria The rural area includes the countryside, designated Clusters and Small Villages but excludes those settlements listed within the County Clare Settlement Hierarchy which are urban settlements (Ennis, Shannon, Service Towns, Small Towns and Large Villages). For Rural Areas Under Strong Urban Influence the rural area is defined as the area within 10km of the site. For Heritage Landscapes and sites accessed from or abutting Scenic Routes the rural area is defined as the area within 10km of the site. Where the proposed site is of a greater distance than those as specified herein but the applicant can demonstrate a social or economic need to reside in the rural area these cases will each be considered on their individual merits. Landscape, Siting and Design Criteria For proposed sites located in Heritage Landscapes and/or sites that are accessed from or abutting Scenic Routes, the applicant will be required to demonstrate that no alternative sites are available in Settled Landscapes, the Shannon Estuary Working Landscape or the Western Corridor Working Landscape. The assessment of an application for a rural house shall have regard to environmental considerations, the viability of smaller towns and rural settlements and siting and design issues and the Clare Rural House Design Guide. b) New Single Houses in the Countryside outside of the ‘Areas of Special Control’ The ‘Areas of Special Control’ are shown in Volume 2. In the areas outside ‘Areas of Special Control’ the following is the objective of the Development Plan. Development Plan Objective: New Single Houses in the Countryside Outside the ‘Areas of Special Control’ CDP 4.15 It is an objective of Clare County Council: Within the parts of the countryside outside of the ‘Areas of Special Control’ that is: • Outside of the Areas Under Strong Urban Influence; • Outside of Heritage Landscapes; and, • Not accessed and/or abutting a designated Scenic Route. To permit an application for a single house by persons who seek a dwelling as their principal private residence and will therefore contribute to the social and economic wellbeing of the area, subject to high quality siting and design and compliance with all relevant environmental legislation. Any application for a rural house for permanent occupancy must be made in the name of the person who will occupy the house in the first instance. The assessment of an application for a rural house in the Countryside Outside of the ‘Areas of Special Control’ shall have regard to environmental considerations, the viability of smaller towns and rural settlements, siting and design issues and the Clare Rural House Design Guide.101
- __________________________________________________________________________________ Clare County Development Plan 2023-2029 4 | Urban and Rural Settlement Strategy Where the proposed site is accessed from a National route or certain Regional routes, the proposal must in addition to compliance with this objective, also be subject to compliance with objectives CDP 11.13 and CDP 11.14 as set out in Chapter 11. c) New Single Rural Houses on Infill Sites in the Countryside Development Plan Objective New Single Houses on Infill Sites in the Countryside CDP 4.16 It is an objective of Clare County Council: In the case where there is a grouping of rural houses, the development of a small gap site, sufficient to accommodate only one house, within an otherwise substantial and continuously built-up frontage, will be permitted provided it respects the existing development pattern along the frontage in terms of size, scale, siting, plot size and meets normal site suitability requirements. Dwellings constructed on infill sites of this nature must be for the permanent occupation of the applicant. The applicant must not already own or have owned a house in the surrounding rural area (except in the exceptional circumstances as set out in subcategory iii under the Social Need criteria) and needs the dwelling for their own permanent occupation. The siting of new dwellings in the countryside so as to deliberately create a gap site of this nature will not be permitted. In circumstances where these sites occur in the ‘Areas of Special Control’, unless otherwise specified in this objective, the provisions of Objective CDP 4.14 i.e. Economic or Social Need requirement will not apply. The assessment of an application for a rural house on an infill site shall have regard to environmental considerations, the viability of smaller towns and rural settlements, siting and design issues and the Clare Rural House Design Guide. d) Replacement of a Substandard Habitable House in the Countryside Development Plan Objective: Replacement of a Substandard Habitable House in the Countryside CDP 4.17 It is an objective of Clare County Council: a) To permit the proposed demolition of a habitable but substandard house and its replacement with a new single house, subject to normal site suitability considerations; b) To permit the replacement of a house damaged by fire, flood or other natural disaster subject to normal site suitability considerations; c) To require that any proposed replacement dwelling proposal takes into account the ‘Bat Mitigation Guidelines for Ireland’ produced by the NPWS; d) In circumstances where these sites are located in ‘Areas of Special Control’ not to apply the provisions of Objective CDP 4.14 i.e. ‘Economic or Social Housing Need’ requirement; and,102
- __________________________________________________________________________________ Clare County Development Plan 2023-2029 4 | Urban and Rural Settlement Strategy e) Refurbishment of a Derelict House/Structure in the Countryside f) New Single Holiday Homes in the Countryside e) Notwithstanding the above, to protect the county’s vernacular building stock from demolition where restoration and extension is an option (see Objective CDP 16.4). Development Plan Objective: Refurbishment of a Derelict House/Structure in the Countryside CDP 4.18 It is an objective of Clare County Council: To permit applications for the refurbishment of a derelict house/structure in the countryside provided that: a) The external walls are substantially intact and are capable of being refurbished; b) The design of the proposal does not erode the siting and design qualities of the dwelling/structure; c) The size of any extension takes account of the siting and size of the existing dwelling/structure; d) The design, scale and materials used in the refurbishment and/or extension are in keeping and sympathetic with the existing structure. Contemporary designs and finishes which constitute a modern interpretation of the traditional architectural vernacular of the area will also be considered on a case by case basis; e) Mature landscape features are retained and enhanced, as appropriate. f) Normal planning considerations including but not limited to road safety, amenities, public health, design, protected species (especially Lesser Horseshoe Bats and other bat species) shall take precedence over the ‘principle’ of encouraging such development, and in particular that for such developments alongside or directly accessed from National Roads, that the provisions of Objective CDP 11.13 shall apply (refer to Chapter 11); and, g) In circumstances where these sites occur in ‘Areas of Special Control’ the provisions of Objective CDP 4.14 i.e. 'Economic and Social Housing Need’ requirement will not be applied except where the total or substantial demolition of the existing structure and the construction of a new dwelling are proposed. Development Plan Objective: New Single Holiday Homes in the Countryside CDP 4.19 It is an objective of Clare County Council: To restrict new single holiday homes in the countryside and to direct demand arising from this need to appropriately zoned land within certain settlements.103
- __________________________________________________________________________________ Clare County Development Plan 2023-2029 4 | Urban and Rural Settlement Strategy Table 4.1 Types of Rural Housing Development allowed on Suitable Sites Development Type Within Areas of Special Control Outside Areas of Special Control New Dwelling (PPR) See Objectives CDP 4.14 and CDP 4.15 O New dwelling (PPR) - Infill site See Objective CDP 4.16 Replacement of substandard/damaged house See Objective CDP 4.17 Refurbishment of a derelict structure See Objective CDP 4.18 Holiday home See Objective CDP 4.19 X X = Development permitted in principle. O = Open for consideration subject to criteria in Objective 4.14 New Single Houses in the Countryside within the ‘Areas of Special Control’. X = Not permitted. Note1: PPR = Principal Private Residence. i. For a new single house within Areas of Special Control, a condition shall be attached requiring the dwelling to be the permanent/principal place of residence of the applicant for a period of 7 years. ii. For new single dwellings outside Areas of Special Control a condition shall be attached requiring the dwelling to be a permanent/principal private residence but with no restrictions on resale after the first occupancy. Note2: Where any proposed site is accessed from a National road or certain Regional roads the objectives in relation to housing in the countryside must be read in conjunction with Objectives CDP 11.13 and CDP 11.14 (Chapter 11). 4.2.7 Site Suitability The policy considerations outlined in Section 4.2.6 represent only one element in the assessment of an application for dwelling(s) in the countryside. Other considerations relating to siting, design, environment, heritage, amenity and traffic considerations are also of paramount importance in the consideration of any development. The Council will endeavour to resolve any issues arising from these considerations through supplementary guidance and Alternatively, this need can be met through the refurbishment of derelict dwellings/structures.104
- __________________________________________________________________________________ Clare County Development Plan 2023-2029 4 | Urban and Rural Settlement Strategy pre-planning application discussions where necessary. In addition, it is proposed to prepare a new Clare Rural House Design Guide during the period of the development plan. 4.3 Implementation and Monitoring of Settlement Policy The Settlement Hierarchy and Strategy is based on a clear set of principles, which aim for a properly planned and sustainable settlement pattern for County Clare. The settlement statements and land use plans set out in Volume 3 of this plan reflect these principles and translate the Settlement Strategy and Core Strategy into clear plans for future growth in the towns and villages of the county. It will be important, through the lifetime of the plan and beyond, to monitor progress on achieving this properly planned and sustainable settlement pattern for the county. The Council will manage and carefully monitor the nature, scale, rate and location of newly permitted developments in rural and urban areas, in order to assess the degree to which settlement policy objectives are being met across the network of settlements and to take appropriate development management measures as outlined in Section 4.2.5. Development Plan Objective: Clare Rural House Design Guide CDP 4.20 It is an objective of Clare County Council: To prepare a new Clare Rural House Design Guide during the period of the development plan.105
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