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Development plan · Cork County Council

Cork County Development Plan 2022–2028 – Volume One: Main Policy Material

The council's development plan written statement: its strategy, policies, objectives and development standards. Variations adopted since are not in this text.

Cork County Council · 2022–2028 · 564 pages

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  1. 391 CHAPTER 18 ZONING AND LAND USE Aim of Chapter Provide clear guidance on how to manage the appropriate land uses on zoned land throughout the County.
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  3. 393 CONTENTS Contents 18.1 Introduction 394 18.2 Overall Approach to Land Use Zoning 394 18.3 Land Use Zoning Categories 396
  4. 394 18.1 Introduction 18.1.1 The purpose of zoning is to indicate the land use objectives for all the lands within the County. Zoning aspires to promote the orderly development of the County by eliminating potential conflicts between incompatible land uses and to establish an efficient basis for investment in public infrastructure and facilities. 18.1.2 Zoning policy must also have regard to the core principles underlying the Plan. These include the principles of Sustainability, Social Inclusion, Placemaking, Resilience and Climate Action which when coupled with the need for the integration of land use and transportation planning, will help safeguard and improve the quality of life for all within the County. County Development Plan Objective ZU 18-1: Implementation of Zoning Objectives Secure the implementation of the Zoning Objectives applied to each area of the County. 18.2 Overall Approach to Land Use Zoning 18.2.1 The zoning objectives and maps for all the settlements in the County are set out in the relevant County Development Plan Volumes Three, Four and Five and in Volume 6 Maps CDP Map Browser and the objectives and general principles that should be followed in these plans are set out below. Development and Land Use Zoning County Development Plan Objective ZU 18-2: Development and Land Use Zoning Ensure that development, during the lifetime of this Plan, proceeds in accordance with the general land use objectives and any specific zoning objectives that apply to particular areas as set out in this Plan. Development Boundaries County Development Plan Objective ZU 18-3: Development Boundaries For any settlement, it is a general objective to locate new development within the development boundary, identified in this Plan that defines the extent to which the settlement may grow during the lifetime of the Plan. Land Use Zoning of Other Lands County Development Plan Objective ZU 18-4: Land Use Zoning of Other Lands Where lands have not been explicitly zoned, in the Plan the specific zoning shall be deemed to be that of the existing use of the lands (if such a use is not an authorised use under the Planning Acts) or, if such use is unauthorised, that of the most recent authorised use of the lands. Transitional Lands 18.2.2 While the zoning objectives indicate the different uses permitted in each zone, it is important to avoid abrupt/ disconnected transitions in scale and use in the boundary areas of adjoining land use zones. In dealing with development proposals in these contiguous transitional zonal areas, it is necessary to avoid developments that would be detrimental to the amenities of these zones and in particular the more environmentally sensitive zones. For example, regard should be had to the use, scale and density of development proposals in zones abutting residential or rural areas in order to protect residential or rural amenity, as appropriate. County Development Plan Objective ZU 18-5: Transitional Zones Have regard to development in adjoining zones, in particular more environmentally sensitive zones, in assessing development proposals for lands in the vicinity of zoning boundaries. GO TO CONTENTS
  5. 395 Non Conforming Uses 18.2.3 Throughout the County there are uses which do not conform to the zoning objective of the area. These are uses which were in existence on 1st October 1964, or which have valid planning permissions, or which are unauthorized but have exceeded the time limit for enforcement proceedings. Reasonable intensification of extensions to and improvement of premises accommodating these uses will generally be permitted subject to normal planning criteria. County Development Plan Objective ZU 18-6: Non Conforming Uses Have regard to development in adjoining zones, in particular more environmentally sensitive zones, in assessing development proposals for lands in the vicinity of zoning boundaries. Ancillary Uses 18.2.4 Planning permission sought for developments which are ancillary to the parent use, i.e. they rely on the permitted parent use for their existence and rationale, should be considered on their merits irrespective of what category the ancillary development is listed in the ‘Land Use Zoning Categories’ section of this Chapter. County Development Plan Objective ZU 18-7: Ancillary Uses Ensure that developments ancillary to the parent use of a site are considered on their merits. Vacant Site Levy-Residential and Regeneration Areas 18.2.5 The Urban Regeneration and Housing Act 2015 sets out two broad categories of vacant land that the levy may apply to: • Lands zoned primarily for residential purposes • Lands in need of regeneration Vacant Site Levy 18.2.6 Cork County Council has implemented the provisions of the Urban Regeneration and Housing Act 2015, through the establishment of a Vacant Site Register, identifying sites on which a vacant site levy can be applied. The Planning Authority will proactively engage to identify suitable vacant sites on lands zoned residential and on lands designated as regeneration areas in this Plan, which meet the criteria for inclusion in the vacant site register. This will be achieved through a focused application of the levy, facilitating sustainable urban development and bring vacant sites and buildings in urban areas into beneficial use. Regeneration Areas 18.2.7 The Urban Regeneration and Housing Act 2015, provides for the inclusion of objectives for the development and renewal of areas identified as being in need of regeneration. Regeneration-sites have been identified in many of our towns and now form part of this Plan. The main objective in identifying Regeneration Areas is to draw attention to the opportunities that exist to redevelop key areas within the towns, where such sites have the potential to contribute to the rejuvenation of the towns, deliver housing, and perhaps act as a catalyst for other developments. In accordance with the provisions of the Urban Regeneration and Housing Act 2015, regeneration areas may in time, be subject to the Vacant Sites Levy where the regeneration area is vacant or idle and this has adverse effects on the amenities/character of the area. 18.2.8 The purpose of the ‘Regeneration’ designation is to encourage and facilitate opportunities for regeneration and place making. The lands or areas generally are strategically located within settlements and consist of vacant or under utilised buildings or land with significant potential to stimulate the rejuvenation of an area or neighbourhood. 18.2.9 The potential uses of the lands in these zones are specific to the location of each area or piece of land and can include residential, commercial, business, retail, employment, or community uses. The primary objective is to support regeneration, make a positive contribution to urban spaces, and improve quality of life for all. 18.2.10 The Plan will include additional guidance to ensure development respects and contributes to Cork County’s unique sense of place. See Chapter 3 Settlements and Placemaking. GO TO CONTENTS
  6. 396 County Development Plan Objective ZU 18-8: Vacant Site Levy-Residential Regeneration Areas Encourage the development and renewal of areas, on lands zoned as residential that meet the criteria as set out in the Urban Regeneration and Housing Act, 2015, as amended, and on lands designated as regeneration areas, identified in the Plan, having regard to the Core Strategy, that are in need of regeneration, in order to prevent- (i) Adverse effects on existing amenities in such areas, in particular as a result of the ruinous or neglected condition of any land, (ii) Urban blight and decay, (iii) Anti-social behaviour or (iv) A shortage of habitable houses or of land suitable for residential use or a mixture of residential and other uses. 18.3 Land Use Zoning Categories New approach to former Existing Built Up Areas zonings 18.3.1 Previously areas of existing development were shown as ‘Existing Built Up Areas’ which included all lands within a development boundary which did not have a specific zoning objective attached. These lands generally included a wide mix of land uses which may have existing buildings in place which included residential and non-residential uses, brownfield lands and undeveloped greenfield lands. 18.3.2 The approach in this Plan is to designate these areas as two different categories of land uses ‘Existing Residential/Mixed Residential and Other Uses ‘ and ‘Existing Mixed/General Business/Industrial Uses’. This distinguishes areas that are predominantly residential and have the potential to expand residential development and compatible uses and areas which are predominantly employment uses (See section on Existing Mixed/General Business/Industrial Uses below). Existing Residential/Mixed Residential and Other Uses (ER) 18.3.3 The objective for this zoning is to conserve and enhance the quality and character of established residential communities and protect their amenities. Infill developments, extensions, and the refurbishment of existing dwellings will be considered where they are appropriate to the character and pattern of development in the area and do not significantly affect the amenities of surrounding properties. The strengthening of community facilities and local services will be facilitated subject to the design, scale, and use of the building or development being appropriate for its location. 18.3.4 The Plan recognises that lands defined as Existing Residential/Mixed Residential and Other Uses may contain residential development of varied densities ranging from high density historic terraces to more modern lower density housing schemes. The Plan generally supports proposals for increased densities within this category to optimise the development of lands within the built envelope of a settlement subject to compliance with appropriate design/amenity standards and protecting the residential amenity of the area and normal sustainable planning considerations. See Chapter 4 Housing. 18.3.5 Existing Residential/Mixed Residential and Other Uses category contains a diversity of character areas ranging from established residential, transitional mixed uses, community uses and undeveloped lands along with open space within the development boundary of our towns. These are generally lands located adjacent or close to the town centre with good accessibility to services. These areas generally have a primary or strong residential component but which also provide for non-residential uses which protect and improve the primary use of these areas. Other uses within this category include small scale retail, small scale commercial, community facilities, places of worship, offices, doctors’ surgeries, beauty and healthcare facilities. These uses and the extension to existing facilities within this zoning are acceptable subject to proper planning and development criteria and protecting the residential amenity of the area. 18.3.6 Within predominantly existing residential/mixed residential and other uses areas, development proposals normally involve infill development, redevelopment or refurbishment or changes of use. It is important to recognise that this is part of the cycle of development or redevelopment in settlements that contributes to the character of settlements. In many ways, this is more sustainable than continually encouraging growth to concentrate only towards undeveloped areas. 18.3.7 In many of the larger settlements it is relatively rare to find land use patterns that are entirely homogeneous. Indeed, a mix of harmonious uses is often considered a desirable and attractive characteristic. 18.3.8 Problems can arise, however, with the introduction of a new use or when the intensification or expansion of an existing use that is not the primary use in an area upsets the balance between different uses. GO TO CONTENTS
  7. 397 18.3.9 Within existing residential/mixed residential and other uses areas there will inevitably be some areas of land that are either undeveloped or have some potential to be considered for development. Often these areas perform valuable functions in their existing state, such as providing attractive open space or even providing important local employment. The inclusion of this land within an existing residential/mixed residential and other uses areas does not imply any presumption in favour of development or redevelopment, unless this would enhance the character and amenity of the area as a whole. County Development Plan Objective ZU 18-9: Existing Residential/Mixed Residential and Other Uses * The scale of new residential and mixed residential developments within the Existing Residential/Mixed Residential and Other Uses within the settlement network should normally respect the pattern and grain of existing urban development in the surrounding area. Overall increased densities are encouraged within the settlement network and in particular, within high quality public transport corridors, sites adjoining Town Centres Zonings and in Special Policy Areas identified in the Development Plan unless otherwise specified, subject to compliance with appropriate design/amenity standards and protecting the residential amenity of the area. Other uses/non-residential uses should protect and/or improve residential amenity and uses that do not support, or threatens the vitality or integrity of, the primary use of these existing residential/mixed residential and other uses areas will not be encouraged. *Note: This is based on Existing Residential/Mixed Residential and Other Uses applying to main towns and to key villages with a population of over 1500 or a population expected to grow over to 1500 in the lifetime of the Plan. Appropriate Uses in Existing Residential/Mixed Residential and Other Uses Areas Residential development, residential care, sheltered housing, specialised housing, small scale retail, local centres/ neighbourhood centres, small scale commercial, community facilities, childcare facilities, education facilities, places of worship, civic uses, small scale offices, local medical /healthcare services, marine facilities, sports facilities, recreation and amenity facilities, bed and breakfast/guesthouses/hotels. Existing Mixed/General Business/Industrial Uses (MGB) 18.3.10 The areas identified as Existing Mixed/General Business/Industrial Uses consists of a mix of employment uses generally including long term establishments. These areas include (but not exhaustively) a large range of uses including general warehousing, manufacturing, storage, builders provider/yard, food processing facility, logistics, vehicle sales outlets, high technology manufacturing, plant and tool hire, public services, service station, vehicle servicing/maintenance garage. This zoning will protect existing uses and support expansion where appropriate of existing uses while not permitting uses that would threaten the vitality and integrity of the primary use of these areas. County Development Plan Objective ZU 18-10: Existing Mixed/General Business/Industrial Uses Facilitate development that supports in general the employment uses of the Existing Mixed/General Business/ Industrial Areas. Development that does not support, or threatens the vitality or integrity of the employment uses of these areas shall not be permitted. Appropriate Uses in Existing Mixed/ General Business/Industrial Uses General warehousing, trade warehousing and distribution, manufacturing and repairs, storage, builders provider/ yard, food processing facility, logistics, fitting and business to business activity, wholesaling, vehicle sales outlets, high technology manufacturing plant and tool hire, public services, service station, vehicle servicing/maintenance garage, incubator units, childcare facilities, commercial film studio facilities. Land Uses in New Areas 18.3.11 The aim of zoning objectives in relation to new areas is to provide a framework that will guide their development from the very beginning. In zoning new land for development, the intention is to foster the natural growth of our settlements and by encouraging related developments to form sensible spatial groupings. By encouraging a sensible mix of uses and avoiding excessive homogeneous development, these areas should be more lively and sustainable reflecting the character of many of the existing areas within the settlement network. 18.3.12 This approach will help reduce congestion and unnecessary road journeys, encourage patterns of sustainable development that will support the use of public transport, minimise the area of agricultural land, or of places of biodiversity value that will be lost for development and protect the character and amenity of existing areas. GO TO CONTENTS
  8. 398 Residential (RE) 18.3.13 This section provides guidance on the approach to be taken towards the planning and zoning of land for residential development areas in the Development Plan. Residential Areas are intended primarily for housing development but may also include a range of other uses, particularly those that have the potential to foster the development of new residential communities. These are uses that benefit from a close relationship to the immediate community and have high standards of amenity, such as crèches, schools, nursing homes or homes for older people, open space, recreation and amenity uses. See Chapter 4 Housing. 18.3.14 Occasional retailing may be appropriate in new residential areas. This should be of limited scale to provide valuable services to the local community and support the overall residential function of the area. Consideration should be given to the introduction of a residential element to these proposals, possibly at first floor level. 18.3.15 Particularly in new developments, there is an opportunity to create high standards of layout, design, and landscaping, and to achieve a general segregation from roads used by through traffic from the outset, so that high standards of amenity can be achieved. See Chapter 3 Settlements and Placemaking. 18.3.16 Appropriate amenity and public open space will always be required as an integral part of new development proposals. Proposals for non-residential uses in these areas will be assessed particularly in relation to their need for close links to the local community and any potential for adverse impacts on the standard of amenity appropriate in these areas. 18.3.17 Where a specific zoning objective indicates that development on a particular piece of land should include provision for something very specific (e.g. a residential zoning with provision for a residential care home or a playing field) then the intention of this Plan is that it should be provided. It gives clarity to the developer / designer so that an appropriate location is included when designing the layout of a development. It also gives clarity to third parties who are aware of the planning authority’s intention with regard to the provision of the residential care home, playing field, etc. in the area. However, in cases where it can be demonstrated to the satisfaction of the planning authority that the need for the required facility has since been met satisfactorily in the locality, then this requirement can be relaxed. The existence of such a zoning does not of course prevent a residential care home / playing field etc. being on other suitable lands in the area, provided it is compatible with the policies and objectives elsewhere in the Plan. Residential Additional Provision (RAP) 18.3.18 The Draft Guidelines include a number of provisions to ensure sufficient provision of housing lands/sites such as Residential Additional Provision. In providing housing sites for development within settlements, it may be necessary to zone more serviced land and sites for residential (or a mixture of residential and other uses), than would equate to meeting precisely the projected housing demand for that settlement. This approach recognizes that a degree of choice in development sites to be provided locally is desirable to avoid restricting the supply of new housing development through inactivity on a particular landholding or site. 18.3.19 The extent of any Additional Provision shall not exceed 20-25% of the required quantum of zoned land and sites in settlements in any planning authority area as a whole, for any six-year plan period. 18.3.20 The Planning Authority takes the view that Residential Additional Provision will apply as required to most Main Towns and Key Villages (>1,500 population) as it is critically important that the maximum amount of residentially zoned land is available to ensure an adequate supply of housing given the current severely dysfunctional housing market where supply of new houses is trailing well behind demand and there is significant unmet demand in the market all cross the county which remains to be satisfied. It is intended that these sites are available for residential development throughout the lifetime of this plan, subject to proper planning and sustainable development. See Chapter 2 Core Strategy. 18.3.21 Objective ZU 18-11 will apply to lands identified as Residential Additional Provision. Residential Further Additional Provision (RFAP) ( Long-Term and Strategic and Sustainable Development Sites) 18.3.22 The Draft Development Plan Guidelines 2021 identifies a number of provisions to ensure sufficient provision of housing lands/sites such as Long Term Strategic and Sustainable Development Sites (Residential Further Additional Provision) which are key development sites that may comprise lands and sites for urban regeneration and/or transport-led development. 18.3.23 These sites may comprise either brownfield/infill or greenfield land and may also be subject to Strategic Development Zone (SDZ) status, or other relevant planning-related designation. 18.3.24 Such sites are characterised by: • their potential for significant residential development to be delivered over a timescale greater than a single six-year development plan period GO TO CONTENTS
  9. 399 • their significant scale – generally several thousand new homes as a new urban extension to a City or NPF Regional Centre • A requirement to be aligned and supported by significant water services, transport and other infrastructural investment. 18.3.25 In the case of Cork County parts of the long established Urban Expansion Areas at Midleton, Carrigtwohill and Cobh and the SDZ at Monard which are not likely/less likely to be delivered during the lifetime of this Plan have been identified as Residential Further Additional Provision (Long-Term and Strategic and Sustainable Development Sites). It is intended that these sites are available for residential development throughout the lifetime of this plan, subject to proper planning and sustainable development. See Chapter 2 Core Strategy. 18.3.26 Objective ZU 18-11 will apply to lands identified as Residential Further Additional Provision (Long Term Strategic and Sustainable Development Sites). County Development Plan Objective ZU 18-11: Residential Areas (including Residential Additional Provision, / Residential Further Additional Provision ( Long Term Strategic and Sustainable Development Sites) and Residential Reserve) Promote development mainly for housing, associated open space, community uses and, only where an acceptable standard of amenity can be maintained, a limited range of other uses that support the overall residential function of the area. Normally discourage the expansion or intensification of existing uses that are incompatible with residential amenity. Appropriate Uses in Residential Areas (including Residential Additional Provision, / Residential Further Additional Provision (Long Term Strategic and Sustainable Development Sites) and Residential Reserve) Residential development, residential care, sheltered housing, specialised housing, childcare facilities, education facilities, occasional retail, local centres/neighbourhood centres, places of worship, local medical/healthcare services, open space, recreation and amenity uses, community uses. Residential Reserve (RR) 18.3.27 In the Metropolitan Towns there are lands which were zoned for development in the 2017 Local Area Plans, but which will generally not be required over the period of the Plan to 2028 but have been included in the Residential Reserve where they comprise infill or contiguous sites or have a planning history for residential use and can form part of the long term sequential expansion of the settlement. 18.3.28 Similarly, where such lands exist in the Key towns of Mallow and Clonakilty and some County Towns, they have also been included in the Residential Reserve, where considered appropriate. 18.3.29 In Carrigaline, (where significant delivery of housing is taking place), a site previously identified under the Strategic Land Reserve Study has also been included in the Residential Reserve. 18.3.30 In addition to protecting these lands for the long term expansion of these settlements, consideration may be given to the development of some of these ‘Residential Reserve’ lands before the end of the current plan period where the Planning Authority is satisfied that the development of zoned lands is progressing faster than expected and a shortage may arise or where lands zoned for residential use may not be delivered as expected over the Plan period. The development of such lands will only be considered from the beginning of year four of the Plan (May 2025) in order to give zoned lands an opportunity to come forward for development, and under the following circumstances: a) Delivery of housing on zoned lands is proceeding faster than anticipated and additional land is required for the remaining Plan period, or b) It can be clearly demonstrated, to the satisfaction of the planning authority, that a zoned parcel of land will not come forward for development due to infrastructural or other demonstrable constraints during the remaining period of the Plan, and the proposed residential lands can be serviced and offer a reasonable substitute in terms of being delivered within the lifetime of the Plan, sequential development, connectivity, access to services and amenity etc., to secure the population and housing targets for the settlement. c) The Planning Authority is satisfied that delivery of the development can reasonably commence before the end of the Plan period, and infrastructure is in place or can be provided to facilitate same. d) Where development is considered under (b) above the scale of development shall not generally exceed the capacity of the zoned lands it is replacing. e) Objective ZU 18-11 will also apply to lands identified as Residential Reserve. f) It can be demonstrated that the housing target for the area set out in the Core Strategy cannot otherwise be achieved within the Plan period. GO TO CONTENTS
  10. 400 g) The development would not result in the Core Strategy targets being exceeded, or unduly prejudice the development of new ‘Residential’ zoned land within those targets County Development Plan Objective ZU 18-12: Residential Reserve Provide a land reserve for the long term orderly development of the Metropolitan towns of Carrigaline, Carrigtwohill, Cobh and Midleton and the Key Towns of Mallow and Clonakilty and some County Towns where appropriate. Such lands will not generally be required for development over the period of the Plan to 2028. From the beginning of year four of the Plan (May 2025), consideration may be given to the development of some ‘Residential Reserve’ lands where the Planning Authority is satisfied that: a) Delivery of housing on zoned lands is proceeding faster than anticipated and additional land is required for the remaining Plan period, or b) It can be clearly demonstrated, to the satisfaction of the planning authority, that a zoned parcel of land will not come forward for development due to infrastructural or other demonstrable constraints during the remaining period of the Plan, and the proposed residential lands can be serviced and offer a reasonable substitute in terms of capacity, sequential development, connectivity, access to services and amenity etc., to secure the population and housing targets for the settlement. c) The Planning Authority is satisfied that delivery of the development can reasonably commence before the end of the Plan period, and infrastructure is in place or can be provided to facilitate same. d) Where development is considered under (b) above the scale of development shall not generally exceed the capacity of the zoned lands it is replacing. e) Objective ZU 18-11 will also apply to lands identified as Residential Reserve. f) It can be demonstrated that the housing target for the area set out in the Core Strategy cannot otherwise be achieved within the Plan period. g) The development would not result in the Core Strategy targets being exceeded, or unduly prejudice the development of new ‘Residential’ zoned land within those targets. Green Infrastructure 18.3.31 This section details the general land use category for Green Infrastructure and the objective which applies to settlements within the County. In previous plans this was known as the Open Space, Sports, Recreation and Amenity Area category but has now been updated to reflect the strategy being pursued on the coordinated provision and protection of Green Infrastructure as a County asset. 18.3.32 This broad category is intended for zones which cater for ‘green’, recreation and conservation type areas being reflective of the multi-functionality of green infrastructure. See Chapter 14 Green Infrastructure and Recreation. Green Infrastructure (GI): Subcategories 18.3.33 Within this category there are 3 subcategories which have been identified. These are: • Green Recreational (GR)-Open Spaces/Park where the purpose is to retain and provide for open space and recreational amenities. • Green Conservation (GC) - Landscape Amenity/Conservation where the purpose is to generally retain appropriate areas for their landscape, amenity or nature conservation value. • Green Active (GA) - Active Open Space where the purpose is to retain and provide for active recreational facilities. 18.3.34 Within these subcategories there are different requirements for each type of open space depending on their accessibility and level of usage envisaged by the public. Where applicable, further clarification of the function and future requirements of a particular area designated as GR (Green Recreational), GC (Green Conservation) and GA (Green Active) is set out in a corresponding settlement objective for that area. GO TO CONTENTS

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