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 Appendix1 | Development Management Guidelines single phase). These electric car charging spaces should be clearly demarcated with appropriate signage. The remainder of the parking spaces should be constructed so as to be capable of accommodating future charging points, as required. New residential development should accommodate at least one car parking space equipped with an EV charging point for every five car parking spaces being provided for the associated development. Rapid Charge Points should be provided within centres of commercial activity and clearly demarcated with appropriate signage. A1.6.4 Traffic Impact Assessments (TIA), Road Safety Audits and Road Safety Impact Assessments A Traffic Impact Assessment is a comprehensive review of all the potential transport impacts of a proposed development or redevelopment, with an agreed plan to mitigate any adverse consequences. The TIA should be prepared in accordance with the Traffic Management Guidelines Manual 2003 issued by the Department of Transport and the Traffic and Transport Assessment Guidelines 2014 published by the TII. These guidelines provide guidance including thresholds and sub-thresholds above which TIA is required. It is important that scoping of the TIA is undertaken at pre-planning consultation stage between developers and the Planning Authority. Road Safety Impact Assessment is described in the EU Directive on Road Infrastructure Safety Management (EU RISM) 2008/96/EC as a strategic comparative analysis of the impact of a new road, or of substantial modifications to an existing road, on the safety performance of the road network. A road safety audit must be submitted as part of any planning application where the proposed development incorporates a new access to a national road or where it may give rise to an increase in traffic to a national road. Road safety audits shall be carried out independently by assessors approved by Transport Infrastructure Ireland. Further information is contained in Transport Infrastructure Ireland publications HD19 and HA42/01. A1.6.5 Access and Mobility The Planning Authority will encourage development that facilitates access for persons who may otherwise be excluded. Part M of the Building Regulations sets out the requirements which have to be applied in the design of new and existing structures in order to facilitate public access. The Planning Authority, in considering proposals for developments requiring public access, shall have regard to the National Disability Authority Guidelines A Universal Design Approach.467
- __________________________________________________________________________________ Clare County Development Plan 2023-2029 Appendix1 | Development Management Guidelines A1.7 Signage Clare County Council recognises the role of well-located and sympathetically designed signage, whether attached to a building or free standing, in contributing to the character and vitality of commercial areas. However, whether by design, scale, location, proliferation or ancillary issues such as manner of lighting, advertising has the capacity to seriously injure the visual qualities of an area and, on occasion, to pose a hazard to motorists by creating a distraction. Clare County Council will seek the removal of such advertisements. The Council will permit advertisements which are designed sensitively and sympathetically, and which enhance the appearance and vitality of an area. Under the Roads Act 1993 the consent of the Roads Authority is required for any sign or structure erected on a public road. Planning permission is required where the sign is on private property unless deemed exempt under the Planning and Development Act 2000, as amended. Under the Litter Pollution Act 1997 the Local Authority has powers to remove any sign that is not exempted development or does not have permission under the Planning Acts. There are certain planning exemptions for signage under Part 2, Article 6 of the Planning and Development Regulations. In general, the sign should be an integral part of the elevational design. The following criteria shall be used in assessing applications for signage: A1.7.1 Signage – General All proposals for signage shall: • Not compromise road safety; • Not be internally illuminated; • Be of high visual quality in terms of design, colour and material; • Be of a scale/character suitable to the building and the host environment; • Not interfere with windows or other facade features or project above the skyline; • Not detract from built or natural heritage; • Comply with the shop front policies contained in this plan; • Comply with the TII Road Signage Guidelines; • Be attached to a wall, pole or other solid structure – free standing signs will generally not be permitted; • Where advertising is already a feature, prevent an impression of clutter in any location; and, • Ensure that the use of electronic variable messaging signs (VMS signs) is reserved strictly for use in roadwork activities, hazard information and/or as part of an approved event traffic management plan. A1.7.2 Advertising Signage All proposals for advertising signage shall meet the following criteria:468
- __________________________________________________________________________________ Clare County Development Plan 2023-2029 Appendix1 | Development Management Guidelines • Signs will only be permitted where an advertising ‘need’ can be demonstrated. In this context the term ‘need’ relates to the requirement of the travelling public and not the desire of the applicant to advertise as widely as possible; • In general advertisement structures will not be permitted at roundabouts, at traffic signalised junctions, at locations where they obstruct sight lines, compete with traffic signs, give rise to confusion for road users or endanger traffic safety; • Applications for road signage along motorways, national routes and along approach roads to towns and villages will generally not be permitted, in accordance with the provisions of the DECLG Spatial Planning and National Roads Guidelines, 2012; • Large scale commercial advertisements are not acceptable on or near buildings of architectural or historic importance, in parks or in Architectural Conservation Areas; • General advertising signage will be permitted on the subject business/development in accordance with Section A1.7.1 above; and, • In industrial estates, business parks, enterprise centres etc. the use of grouped advertising signs will be encouraged. A1.7.3 Directional Signage Directional signs for local premises distant from the main traffic routes may be permitted under an annual licence provided: • They are finger post signs only; • The maximum area of the sign shall be 0.7m2; • The information contained on the sign shall be directional in nature only; • The premises shall not be located greater than 2kms from the sign; • The maximum number of signs shall generally not exceed two; and • The sign shall not give rise to a traffic hazard. A1.7.4 Tourism Signage All proposed tourism-related signage shall meet the following criteria: • Signage for key tourism attractions, tourism routes, community facilities or other public or infrastructure facilities will only be permitted on the subject development, at the entry points to the host town or village or in the immediate vicinity of key junctions leading to the subject development. At such locations, signage for multiple facilities/attractions shall be grouped on a single sign; • Applications for signage shall comply with the requirements of the Policy on the Provision of Tourist and Leisure Signage on National Roads (NRA 2011), or any other relevant standards and legislation that may be enacted; and, • All lettering, logos and symbols are subject to the approval of Clare County Council.469
- __________________________________________________________________________________ Clare County Development Plan 2023-2029 Appendix1 | Development Management Guidelines A1.7.5 Advertising Hoardings (including billboards) Inappropriately located Advertising hoardings, including tri-vision and three-dimension signs, can constitute one of the most obtrusive elements of all forms of outdoor advertisement. They rely on size, scale and location to make an impact and therefore are often detrimental to the character of the area in which they are located and, in some cases, contribute to a traffic hazard. Geneqrally, they are used to advertise a single product. The space is usually leased from the advertising company for a period of time which can be as short as two weeks. The practice of parking trailers or other mobile objects bearing advertisements in fields adjoining roads has become a feature on Irish roads in recent years. Such advertisements can be harmful to the visual amenities of the areas, represent a traffic hazard by virtue of distracting motorists and can have impacts on local biodiversity. In relation to large advertising hoardings the Council will: • Prohibit such advertisings in the open countryside, in Architectural Conservation Areas and where they would detract from the visual quality of the setting of a protected structure; • In all other cases, have regard to the visual impacts of a proposed advertising hoarding and potential of traffic hazard arising from same; • Consider advertising hoardings, of artistic merit, on a temporary basis, where they would screen a derelict building or other unattractive vacant site or where construction works are ongoing; and, • Consider hoardings in industrial areas where their presence, by reason of scale and design, is not out of character with the existing environment. A1.7.6 Temporary Construction Hoarding/Safety Netting Where construction hoardings/safety nets are required along the main streets of towns and villages in the county for periods in excess of 4 weeks, they shall be designed and maintained so as to screen the construction site and to contribute in a positive manner to the overall streetscape pending completion of the development works. The design of these hoardings may reflect some aspect of the area’s rich heritage (using local scenes) and/or inform pedestrians about the proposed development in a visually pleasing manner. The creative use of art, colour, images and graphics is encouraged, and an element of advertising may also be incorporated, subject to the agreement of the Planning Authority. All graphics, designs etc. shall be submitted to the Planning Authority and written agreement shall be obtained prior to the erection of any such construction hoardings. It should be noted that a licence may be required for scaffolding/hoarding in certain instances e.g. on footpaths. The applicants should enquire with the Council to see if a licence is required in each case.470
- __________________________________________________________________________________ Clare County Development Plan 2023-2029 Appendix1 | Development Management Guidelines A1.7.7 Signage at Petrol Stations Minimal advertising will be permitted at petrol stations and generally shall be restricted to a single main pillar/totem pole sign structure which shall not exceed 4.5 metres in height. Canopies should be appropriate to their setting in terms of height and design. They should not be internally illuminated. A maximum of two signs shall be permitted on the canopy which shall be externally or halo lit. The forecourt and adjacent footpath shall not be used for advertising whether for permanent or temporary structures. A1.8 Agricultural Developments The rural countryside is a natural resource with agricultural activity being particularly important. In considering proposals for agricultural development (walls, fences, yards, stables, sheds, slurry pits etc.) the Planning Authority will have regard to the Department of Agriculture, Food and the Marine document Guidelines and Recommendations on the Control of Pollution from Farmyard Wastes, together with the following: • Siting and design that is keeping with the surrounding area; • The use of muted coloured materials; • Grouping of buildings will be encouraged; • Adequate effluent storage facilities; and, • The Planning Authority will require adequate provision for the collection, storage and disposal of effluent produced from agricultural developments. The European Communities (Good Agricultural Practice for the Protection of Waters) Regulations, 2014, set out the requirements for storage of farm effluents and the minimum holding periods for storage of farm wastes. In Clare the holding period required for the purposes of calculating waste storage facilities is 18 weeks. It is permitted to spread soiled water all year round, thus the minimum holding period is 10 days. For silage the short-term storage period is 3 days. All agricultural developments must be designed and constructed in accordance with the Minimum Specifications as set out by the Department of Agriculture, Food and the Marine. The Living Farmland - a guide to farming with nature in Clare, 2008, is a useful reference for consideration when planning farm developments. A1.9 Archaeological Heritage In considering proposals for development, applicants are advised to consult the archaeological maps (available for viewing in the Planning Department) in order to ascertain whether their development is located in an area of archaeological potential.471
- __________________________________________________________________________________ Clare County Development Plan 2023-2029 Appendix1 | Development Management Guidelines If a proposed development site is located in such an area or is large in scale (greater than 0.5ha or over 1km in length for a linear scheme), it is advisable to consult with the Council at the earliest possible opportunity. The National Monuments Service of the Department of Housing, Local Government and Heritage may also be consulted, including via the Development Applications Unit: [email protected]. All planning applications for new development, redevelopment, any ground works, refurbishment and restoration etc. within areas of archaeological potential or within close proximity to Recorded Monuments must take account of the archaeological heritage of the area and the need for archaeological mitigation. Any persons proposing to carry out works at or in relation to a Recorded Monument must give 2 months written notice, in advance, to the Minister for Housing, Local Government and Heritage. Consent of the Minister for Housing, Local Government and Heritage is required for any interference with or works to a National Monument, whether or not the works are archaeological in nature. Developers should give due consideration to the following: 1. Framework and Principles for the Protection of Archaeological Heritage (DAHG, 1999) 2. Planning Leaflet 13: Archaeology and the Planning Process (OPR/DHLGH, 2021) 3. Archaeology & Development: Guidelines for Good Practice for Developers (Heritage Council, 2000) Developers are advised of the requirements set under the National Monuments (Amendment) Act 1994 with regard to procedures if their site is located within an area of archaeological potential. Developers are strongly advised to have pre-application discussions if their site is located in such an area. A1.10 Monetary Requirements A1.10.1 Development Contributions The Planning Authority, taking into consideration the capital expenditure necessary for the provision of infrastructure required to facilitate development, will require financial contributions for permitted developments. The Council has prepared a schedule of development contributions in accordance with its obligations under Sections 48 and 49 of the Planning and Development Act 2000, as amended, and having regard to Development Contribution Scheme – Guidelines for Planning Authorities (DEHLG, 2013), which is reviewed annually. Details of the rates applied are available from the Planning Department and are payable prior to commencement of development. In exceptional circumstances a Special Development Contribution may be required in addition to the standard rates in order to provide a specific piece of infrastructure, the provision of which will facilitate the development as proposed.472
- __________________________________________________________________________________ Clare County Development Plan 2023-2029 Appendix1 | Development Management Guidelines A1.10.2 Cash Deposits and Bonds Planning conditions may be attached to a grant of permission requiring the lodgement of cash deposits or bonds from an agreed financial institution for the satisfactory completion of residential and other developments and their ancillary services.473
- 2 | Indicative Land Use Zoning Matrix Appendix 2 Indicative Land Use Zoning Matrix purpose of the land use zoning matrix is to provide an indication only of the type of developments that may or may not be normally considered or open for consideration on zoned lands. Each proposal submitted to the Council for consideration will be assessed based on its own individual merits. Key Note: all development proposals will be assessed thoroughly through the Development Management process in accordance with Section 34 of the Planning and Development Act 2000, as amended. = Will normally be acceptable in principle. A proposed use that will be classified as acceptable in principle in the relevant zone subject to compliance with policies and objective as set out in this plan and in accordance with the proper planning and sustainable development of the area. O = Open to consideration. A proposed use that will be open to consideration, but subject to particular considerations for example, compatibility with adjoining uses, scale or whether or not the proposal is prejudicial to the amenities of an area or the residential amenities of an adjoining property. X = Will not normally be acceptable. A proposed use that is classified ‘will not normally be acceptable’ in a specific zoning will not be accepted by the Planning Authority.474
- 2 | Indicative Land Use Zoning Matrix Land Use Mixed Use Existing Residential Residential Low Density Residential Commercial Community Recreation Open Space Buffer Space Enterprise Tourism Industry Light Industry Maritime / Harbour Agriculture Marine Related Industry Allotments X O X X X O O O X O O X X X X Advertisement Structures X X X O O X X O O O O O X O Agri. Business O X X X O X X X X O O X O X Agri. Tourism O X X X O O X X X X X X X Amusement Arcade O X X X O X X X X X O X X X X X B & B/Guesthouse O X X X X X X X X O X Bank/Financial Institution X X X X X X X O X X X X X X Betting Office O X X X X X X X X X X X X X X Boarding Kennels X X X X X X X X X X X O X O X Carpark X X X O O X X O O X X Caravan Park/Camp Site/ Motor Home Park (Tourist Uses) Glamping O O X X X O O X X X X X X O X Cash & Carry/ Wholesale Outlet O X X X O X X X X O X X O X X X Cemetery X X X X O O X O X X X X X X O X Chemist/Pharmacy O X X O X X X X X X X X X X475
- 2 | Indicative Land Use Zoning Matrix Land Use Mixed Use Existing Residential Residential Low Density Residential Commercial Community Recreation Open Space Buffer Space Enterprise Tourism Industry Light Industry Maritime / Harbour Agriculture Marine Related Industry Cinema/Theatre X X X X X X X X X X X X X X Civic & Amenity Recycling Facility O O O O O X X X X O O O Civic/Cultural/heritage building X X X O O X X O X X O X O Community Facility O O O O X X O X X O X X Composting Facility X X X X X O X X X O X O O X O X Construction & Demolition (C&D) Waste Recycling Centre X X X X X X X X X X X O O O O Créche/Childcare Facility X X X X X O O X X X Data Centre O X X X X X X X X X X X X X Disco/Night club O X X X O X X X X X X X X X X X Doctor/Dentist O O O O X X X O X X X X X X Dog Grooming O X X O X X X X O X X O X X X Education/Enterprise Centre O X X X X X X X O X X X Function Room O X X X O O O X X X X X O X O Funeral Home O X X X O X X X X X X X X O X476
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.