Clare County Development Plan 2023–2029 (as varied)

1. Page 451

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   __________________________________________________________________________________ Clare County Development Plan 2023-2029 Appendix1 | Development Management Guidelines A1.0 Introduction In the assessment of a planning applications the Planning Authority is required to consider the proper planning and sustainable development of an area, having regard to the matters provided for in Section 34 of the Planning and Development Act 2000, as amended. Section 34 sets out the issues that must be considered by Planning Authorities when making a decision on a planning application. These issues include the provisions of the relevant development plan, Section 28 Ministerial Guidelines, other relevant Ministerial or Government policies and any submissions or observations made in accordance with the Planning Regulations. The development management guidelines as set out in this Appendix provide guidance and assistance to those who seek planning permission for development and support and inform the implementation of the objectives of this plan. They promote high standards of development in the county and the holistic assessment of developments having regard to issues which include amenity impacts, community considerations, climate change, economic, environmental, flood risk, heritage, quality of life and safety issues. This Appendix should be read in conjunction with the other relevant chapters of the development plan and regard should also be had for the wide array of guidelines issued by the Minister under Section 28 of the Act. The development management guidance set out hereunder is not exhaustive and is not intended to replicate advice and guidelines available elsewhere. It is envisaged that these guidelines will be applied in a flexible manner, and it should not be assumed that adherence with the standards and criteria set out hereafter will automatically entitle an applicant to planning permission. A1.1 Pre-application Consultations The planning process can be complex and difficult to understand, particularly for those who may be unfamiliar with the system. The purpose of pre-application consultations is to afford the opportunity to a potential applicant for planning permission, to seek advice from the Planning Authority on the proposed development. The Council, in accordance with Section 247 of the Planning and Development Act 2000, as amended, provides an opportunity for applicants to engage in discussions with the Planning Authority prior to making a planning application. Applicants are encouraged to avail of this service to ensure that all key issues are addressed at the formative stage of the design process. It should, however, be noted that such discussions will not prejudice any subsequent decision made by Clare County Council. A1.2 Climate Action and Energy A1.2.1 Built Environment The Planning Authority will encourage the repair, retrofitting and reuse of buildings in preference to their demolition and reconstruction where possible (refer to objective CDP 4.17 in Chapter 4 in relation to the replacement of a substandard habitable house in the447

2. Page 452

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   __________________________________________________________________________________ Clare County Development Plan 2023-2029 Appendix1 | Development Management Guidelines countryside). Where this cannot be achieved, the Planning Authority will support the use of sustainably sourced building materials and the reuse of demolition and excavated materials. See also Criteria 5 of the Department of the Environment Heritage and Local Government Urban Design Manual, 2009. The Planning Authority will support the use of structural materials that have low to zero embodied energy and CO2 emissions. Buildings should be adaptable in design (refer to Criteria 9 of the Urban Design Manual 2009 in the case of residential developments and objective CDP 5.12 Lifelong Housing in Chapter 5 of this Volume). Buildings should also be designed to minimise resource consumption, reducing waste, water and energy use. Innovative design and layout which provides natural ventilation incorporating design elements such as brise-soleil, green roofs, green walls and sustainable urban drainage solutions, landscaping using native trees and planting which enhances the natural biodiversity of the area is promoted where feasible. An Energy Efficiency and Climate Change Adaptation Design Statement should be included for all large scale commercial and residential applications. These statements should outline how the proposed development will address: a) Energy efficiency target & standards; b) Renewable energy targets and standards; c) Climate change mitigation measures; d) Climate change adaptation measures; e) The sustainable reuse or redistribution of waste heat/energy on-site. A1.2.2 Energy Efficiency and Sustainability The options for minimising the use of energy through design, insulation, specification and for producing energy from renewable sources should be examined together with passive measures, for example, site orientation and plan layout. The principle national advisory body in this area is Sustainable Energy Authority of Ireland (SEAI) www.seai.ie. Their website gives access to general and specific information on renewable energy from solar, wind, hydropower, geothermal and biomass. They produce a range of publications which can provide guidance on renewable energy for building developers and owners. The Limerick Clare Energy Agency www.lcea.ie is a useful source of advice locally. A1.2.3 Renewable Energy The Planning and Development Regulations 2001, as amended, includes planning exemptions for renewable energy technologies below certain thresholds and in different site contexts, for example commercial and residential. For renewable energy developments outside of these exemptions planning permission is required and the Planning Authority will assess such development proposals on a case-by-case basis, having regard to current Government policy and Ministerial Guidelines, the Clare Renewable Energy Strategy (Volume 5), the Clare Wind Energy Strategy (Volume 6), the relevant objectives contained in this plan, site-specific circumstances, the content of the submissions and observation received and other planning and environmental considerations.448

3. Page 453

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   __________________________________________________________________________________ Clare County Development Plan 2023-2029 Appendix1 | Development Management Guidelines In relation to utility-scale solar energy applications, any pre-application discussion and/or planning application proposal for solar farm development in the vicinity of the strategic national road network shall include a Glint and Glare Assessment. A1.2.4 Distributed Heating Pending the issuing of a National Policy Framework for District Heating, the Planning Authority will support and facilitate the use of recoverable heat sources and will encourage larger scale developments to consider future proofing to facilitate the future development of potential district heating, waste heat recovery and utilisation and the use of clean energy technologies. A1.3 Natural Heritage, Biodiversity and Green Infrastructure A1.3.1 Environmental Impact Assessment (EIA) The requirement to carry out an Environmental Impact Assessment derives from EU Directives 2014/52/EU (The new EIA Directive) which amends the preceding Directive 2011/92/EU on the assessment of the effects of certain public and private projects on the environment. The original EIA Directive (85/337/EEC) has been amended four times since its entry into force, progressively updating and expanding the breadth of its application. An Environmental Impact Assessment Report (EIAR) is required with a planning application where the defined thresholds outlined in Schedule 5 of the Planning and Development Regulations 2001, as amended, are exceeded for certain types of development. If the proposed development is sub-threshold, and the Planning Authority considers that the proposal is likely to have significant effects on the environment, then an EIAR must be submitted to the Planning Authority. The Planning Authority will have regard to Schedule 7 of the Planning and Development Regulations 2001, as amended, in deciding whether a proposed development is likely to have significant effects on the environment, and also the supporting Environmental Impact Assessment (EIA) Guidance for Planning Authorities and An Bord Pleanála on carrying out Environmental Impact Assessment (August 2018) regarding sub-threshold development. This would occur where it is considered that the effects of the proposed development may have a significant impact on the receiving environment. Since the implementation of the new EIA Directive which came into force on the 23rd of May 2017 there have also been a number of additions such as the facility whereby a potential developer can request a Screening Determination and also a scoping opinion from the Planning Authority. A person who is making an EIA application may ask the relevant Planning Authority to state in writing their opinion as to the scope and level of detail of the information to be provided in the environmental statement (a ‘scoping opinion’). In addition, developers must ensure that the EIA report is prepared by competent experts. Recital (33) of the 2014 Directive provides that experts involved in the preparation of EIA reports should be qualified and competent.449

4. Page 454

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   __________________________________________________________________________________ Clare County Development Plan 2023-2029 Appendix1 | Development Management Guidelines Competent authorities must have, or have access to, sufficient expertise to examine the EIA report. The competent authority may seek any supplementary information that it requires which is directly relevant to reaching a reasoned conclusion on the significant effects of the project on the environment. Recital (33) provides that “sufficient expertise, in the relevant field of the project concerned, is required for the purpose of its examination by the competent authorities in order to ensure that the information provided by the developer is complete and of a high level of quality.” A1.3.2 Habitat Directive Assessment In accordance with the EU Habitats Directive any plan or project with the potential to impact on the integrity of a European site must be screened for Appropriate Assessment to determine if an appropriate assessment of the site is required. In the event that the screening indicates that the plan or project will, either directly or indirectly, on its own or in combination with other plans and projects, have a significant effect on a European site(s), a Natura Impact Statement (NIS) or Natura Impact Report (NIR) must be prepared. Having considered the conclusions of the NIS or NIR, the competent authorities shall agree to the plan or project if they are satisfied that it will not adversely affect the integrity of the site concerned. It should be noted that the conservation objectives for some protected sites not only require the maintenance of favourable conservation condition but also the restoration of favourable conservation conditions of the qualifying interests. If the NIS or NIR indicates that the subject site hosts a priority natural habitat type and/or a priority species, and the proposed development will have a significant negative impact on that habitat or species, the plan or project can only proceed if there are Imperative Reasons of Overriding Public Interest (IROPI), including those of a social or economic nature in line with Article 6(4) of the Habitats Directive. In such cases, the Member State shall take all compensatory measures necessary to ensure that the overall coherence of the Natura 2000 network is protected. It shall inform the European Commission of the compensatory measures adopted and await the opinion of the Commission regarding the proposed plan or project. Any such project or plan which is identified as having adverse effects on the integrity of a European site and has made the case for IROPI should be guided by the European Commission’s guidance on the application of Article 6(4) of the Habitats Directive[1]. If a development site is located on or near a European site, or the proposed development may have an impact on a European site, it is advisable to consult with the Council at the earliest possible opportunity. The National Parks and Wildlife Service of the Department of Housing, Local Government and Heritage may also be consulted, including via http://www.npws.ie/planning. [1] http://ec.europa.eu/environment/nature/natura2000/management/docs/art6/guidance_art6_4_en .pdf450

5. Page 455

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   __________________________________________________________________________________ Clare County Development Plan 2023-2029 Appendix1 | Development Management Guidelines In line with current planning policy, Clare County Council, as the Planning Authority, should seek to ensure that all proposals achieve 'no net loss' of biodiversity as a minimum outcome. The Planning Authority, in assessing proposals must adopt the No Net Loss principle with respect to biodiversity across the county. The Planning Authority will take actions to both protect and enhance biodiversity across the county in line with the requirements of the National Biodiversity Action Plan, the Biodiversity Climate Adaptation Plan, the County Clare Biodiversity Plan and the Clare County Council Biodiversity Manual, Biodiversity Best Practice Guidelines for Clare County Council. No net loss of biodiversity, in essence, refers to the point where biodiversity gains from targeted conservation activities match the losses of biodiversity due to the impacts of a specific development, so that there is no net reduction overall in the type, amount and condition (or quality) of biodiversity over space and time. A 'net gain' means that biodiversity gains exceed a specific set of losses. The result is a positive outcome for biodiversity rather than just keeping things the same by preventing loss or damage. A1.3.3 Green Infrastructure within Industrial and Enterprise Zones Lands that have been zoned for industrial or enterprise use need not be devoid of biodiversity or amenity opportunities. The retention and enhancement, where possible, of existing natural features such as hedgerows and associated ditches and streams in such zoned lands offers the potential to incorporate sustainable drainage measures and retain wildlife corridors through developments. The addition of surface water attenuation ponds, green roofs, sustainable parking (solar powered to provide lighting and to feed into the grid, porous paving and effective management and/or reuse of surface water run-off) together with living walls in these developments would transform an environment which would normally be perceived to be devoid of biodiversity into one which offers significant opportunities for wildlife while providing a high quality environment for its workers. A1.4 Residential Development A1.4.1 Rural Residential Development Siting and Design The Planning Authority wishes to achieve a high standard of house design and siting in the countryside. The Council has prepared the County Clare Rural House Design Guide to assist those making an application for a new dwelling or an extension to an existing dwelling in the rural area of the county. Whilst each rural site is unique and therefore these guidelines are not intended to be prescriptive, the principles are likely to be relevant in most contexts and applicants and agents are encouraged to use it as a reference document.451

6. Page 456

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   __________________________________________________________________________________ Clare County Development Plan 2023-2029 Appendix1 | Development Management Guidelines Road Frontage Where a site has a public road frontage, a minimum frontage of 30 metres is normally required. This requirement may be relaxed in instances where it is desirable to maintain existing boundary features or landscape features, or for backland sites on private roads, on a case-by-case basis. Proposals are required to demonstrate that there are no negative residential or visual amenity/landscape impacts. Plot Size The minimum site area of 0.2ha (0.5acres) is required to accommodate a rural dwelling. Wastewater Treatment Systems Where connection to the public wastewater network is not available, the Planning Authority, in assessing proposals with on-site wastewater treatment systems, must be satisfied that site conditions are suitable for the treatment and disposal of domestic effluent. The Environmental Protection Agency (EPA) Code of Practice: Domestic Waste Water Treatment Systems (p.e < 10) 2021 provides an overall framework of best practice in relation to the development of wastewater treatment and disposal systems, in unsewered areas, for protection of our environment and specifically water quality. The Code replaces previous guidance issued by the EPA on wastewater treatment systems for single houses and sets out the following which will be used by Clare County Council when assessing on-site effluent treatment system proposals: • An assessment methodology for the determination of site suitability for an on-site wastewater treatment system and identification of the minimum environmental protection requirements. All proposals shall be accompanied by a site suitability assessment in accordance with the Environmental Protection Agency (EPA) code; • A methodology for the selection of a suitable wastewater treatment system for sites in unsewered areas. All proposals shall be accompanied by the site-specific details from the manufacturer of the system; • Information on the design and installation of conventional septic tank systems, filter systems and mechanical aeration systems; • Information on secondary treatment systems receiving septic tank effluent including filter systems and constructed wetlands as well as information on secondary packaged wastewater treatment systems receiving raw wastewater. • Information on tertiary treatment systems; • Information on construction and installation for the above systems as well as maintenance requirements for the above systems together with written proof of an agreed maintenance contract with the manufacturer of the system to ensure ongoing maintenance; and,452

7. Page 457

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   __________________________________________________________________________________ Clare County Development Plan 2023-2029 Appendix1 | Development Management Guidelines • All effluent treatment systems shall be designed and maintained in accordance with the EPA publication, The Code of Practice: Domestic Waste Water Treatment Systems (p.e < 10) 2021 or any updated version. Replacement Dwellings The Planning Authority has a preference for the deep retrofit of structurally sound, habitable dwellings in good condition as opposed to demolition and replacement unless a strong justification in respect of the latter has been put forward by the applicant in accordance with the requirements of Development Plan Objective CDP 4.17 Replacement of a Substandard Habitable House in the Countryside. A1.4.2 Urban Residential Development Multiple Residential Unit Developments In the assessment of urban residential development proposals, the Planning Authority will promote increased residential density compliant with the Sustainable Residential Development and Compact Settlements Guidelines for Planning Authorities 2024 issued under Section 28 of the Planning and Development Act 2000, as amended. To achieve good urban design, the 12 urban design principles set out in the Urban Design Manual 2009 should be taken into account when designed any scheme: Table A1 Key Indicators of Quality Design and Placemaking - Sustainable Residential Development and Compact Settlements Guidelines for Planning Authorities 2024 Sustainable and Efficient Movement Mix and Distribution of Uses Green and Blue Infrastructure Responsive Build Form These criteria will be used at pre-application consultation meetings and in the assessment of the planning applications. To ensure developments are as inclusive as possible, the National Disability Authority’s guidance on universal design of the built and external environment should be consulted. Apartment Developments The Planning Authority, in assessing proposals for apartment developments, will have regard to the Design Standards for New Apartments – Guidelines for Planning Authorities 2020 (or as updated/superseded) and the Urban Development and Building Height Guidelines 2018. All new apartment developments shall accord with or exceed the minimum floor areas indicated in these guidelines.453

8. Page 458

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   __________________________________________________________________________________ Clare County Development Plan 2023-2029 Appendix1 | Development Management Guidelines Build-to-Rent Accommodation Build-to-Rent (BTR) accommodation consists of purpose-built, long-term rental apartment accommodation that incorporates dedicated residential amenities and facilities. All proposed BTR accommodation must comply with Specific Planning Policy Requirements (SPPR) 7 and SPPR 8 as set out within the Design Standards for New Apartments 2018 (and any amending SPPR as appropriate). In this regard applications for proposed BTR must clearly demonstrate compliance with the guidelines and include details in relation to: • The proposed ownership and operation by an institutional entity for a minimum period of not less than 15 years and no individual residential unit can be sold or rented separately for that period. A covenant or legal agreement shall be submitted and entered into in this regard; • Proposed residential support facilities such as laundry facilities, concierge and management facilities, maintenance/repair services, waste management facilities, etc; and, • Proposed resident services and amenities for communal recreational and other activities by residents. Plot Size A variety of plot sizes and shapes must be incorporated into the design and layout of residential developments to allow for the different needs of potential future residents. Space Around Buildings All proposals for residential development shall provide for acceptable separation distances between buildings to avoid negative effects of close proximity such as excessive overlooking, overbearance and overshadowing. A minimum of 1 metre separation distance shall be included between the side walls of adjacent buildings and greater distances are appropriate for buildings over multiple floors. Rear Garden Length Normally, a rear garden depth of 11m will be required. This is a minimum depth and larger distances may be required depending on the nature and scale of the subject development. In the case of high density, infill developments or for housing for the older people, shorter garden lengths may be permitted if there are no overlooking issues. In deciding the appropriate length, site conditions such as landscape features, hedgerows and mature trees should be carefully considered. Boundary Treatments Generally, boundary walls shall be between 1.8 metres and 2 metres high and shall be provided along the rear garden boundary of each dwelling and along both side boundaries454

9. Page 459

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   __________________________________________________________________________________ Clare County Development Plan 2023-2029 Appendix1 | Development Management Guidelines extending from the rear boundary to the front building line of the dwelling. The finish of the walls shall be consistent with the external finishes of the dwelling house or of a sympathetic material. Proposals for alternative boundary treatments such as planting combined with appropriate fencing will also be considered favourably if it can be demonstrated that it will enhance the development. Open Space in Residential Areas Each green space in residential developments shall have at least one native oak tree, or other naturalised tree species of similar stature and lifespan integrated into the agreed planting/landscaping scheme. In the preparation of a design and layout of a proposed development the applicant/developer should also have regard to Section 5.2.16 Green Infrastructure within Residential Developments of Volume 1 of this plan. Street Lighting External lighting shall be provided in accordance with guidelines contained in Recommendations for Site Development Works in Housing Areas published by DoEHLG and any subsequent publication or successor to this document. Street lighting proposals shall have regard to Bat Conservation Ireland’s Bats and Lighting: Guidance Notes for Planners, Engineers, Architects and Developers, together with Bat Conservation Trust’s Guidance Note 08/18 - Bats and artificial lighting in the UK, Bats and the Built Environment series. Sustainable Mobility Permeability and accessibility will be encouraged within developments to reduce car dependence and to promote active travel. Where appropriate integration with adjacent lands is possible through the provision of vehicular, pedestrian and cycle way opportunities, this should be proposed within a development. Development proposals for housing developments comprising 10 units or more shall be accompanied by a Transport and Mobility Statement outlining how convenient pedestrian and cyclist connectivity to the surrounding community has been integrated into the design and layout of the proposed development. Issues such as the provision for bus access (e.g. safe school bus pick up/drop off area) should also be addressed in the statement. Lifetime Adaptability The design of new housing developments must be based on the principles of universal design and lifetime adaptability. All new residential buildings must provide a ground floor low level access shower and toilet to ensure adaptability to future needs. Both internal and external layout and design must be adaptable to the varying and changing needs of occupiers during their lifetime.455

10. Page 460

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    __________________________________________________________________________________ Clare County Development Plan 2023-2029 Appendix1 | Development Management Guidelines Sites for Independent Development These sites allow applicants to design and build their own homes within the settlements of the county. The Council will require development proposals for ‘sites for independent development’ housing schemes to be accompanied by a detailed design brief setting out the parameters for architectural form, plot ratios, external finishes and boundary treatment. The ancillary infrastructure and services including roads, footpaths, green areas, public lighting, drainage, attenuation and water services required for the sites shall be installed by the developer. Brownfield and Infill Site Development The regeneration of brownfield or infill sites for residential or mixed use development is encouraged in appropriate town and village centre locations. These development proposals must respect the character and appearance of their environs and contribute to the delivery of public realm enhancements and placemaking. Ground floor activity such as commercial, office or retail uses is generally appropriate for centrally located and accessible sites and can contribute to increased footfall in these areas. Where a mix of uses is not proposed at ground floor level it must be justified by the applicant/developer why this approach was adopted. Due to the potential additional issues associated with brownfield redevelopment relative to the development of greenfield locations a flexible approach may be taken by the Planning Authority in circumstances where the proposed development contributes to sustainable compact development. Where brownfield redevelopment is proposed, dependent on the site history ground investigations and mitigation measures may be required where contamination issues arise. Place Names Place names are an important part of the county’s cultural heritage and reflect local history from ancient times to the present. The Planning Authority considers it important that new place names for estates reflect the local topography, history, culture or ecology of an area. The developer must submit proposed names to the Planning Authority for the consideration of the Placenames Committee of the Council as part of the agreement of planning conditions. Bi-lingual signage within housing developments is required and the applicant/developer should ensure that the chosen place name for a new residential development is appropriate relative to its location and should avoid names already in use within the county. Management Companies Certain private housing developments (e.g. apartment complexes, holiday home schemes) will have a condition attached to their planning permission which requires that a properly constituted management company be established for the purposes of maintaining the development and its shared services in accordance with the Multi-Unit Development Act456

Source Clare County Council: Clare County Development Plan 2023–2029 (as varied) (2023–2029) · 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.