Ministerial guidelines
Development Plans: Guidelines for Planning Authorities
How a council prepares its development plan: the core strategy, mandatory objectives, consultation and monitoring.
Department of Housing, Local Government and Heritage · June 2022 · 136 pages
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- | Development Plan Guidelines for Planning Authorities | Sustainable Development and Regeneration 67 6 6. Sustainable Development and Regeneration 6.1 Focusing on Sustainable Development The development plan process is an opportunity to focus on sustainable patterns of development that can support and regenerate settlements of all sizes and surrounding rural areas, through utilising mandatory objectives for land-use zoning, infrastructural provision and regeneration. This can proactively bring a focus to improving the sustainability and vitality of settlements, with new development and investment opportunities. This Chapter provides guidance to planning authorities to consider in unison the strongly correlated mandatory objectives of: • Land Use Zoning under section 10(2)(a) of the Act; • Infrastructure under section 10(2)(b) of the Act; • Regeneration under section 10(2)(h) of the Act; The Chapter comprises: • Initial consideration of each of the three mandatory objectives individually at an overall development plan (county or city) level; • The required approach to be undertaken by a planning authority in considering them in combination at individual settlement scale, including their relationship with the core strategy and settlement strategy of the plan. 6.2 Mandatory Objective: Zoning Section 10(2)(a) of the Act requires that a development plan shall include objectives for: "(a) the zoning of land for the use solely or primarily of particular areas for particular purposes (whether residential, commercial, industrial, agricultural, recreational, as open space, or otherwise, or a mixture of these uses) and to such extent as the proper planning and sustainable development of the area, in the opinion of the planning authority, requires the uses to be indicated” The zoning of land is the primary spatial expression of the strategy of the development plan and is a key element of the plan-making process. This includes zoning for particular types of development (e.g. residential or employment), but also for other important land uses such as recreation, open space and agriculture. Land-use zoning is therefore about identifying land needed for particular use types, the best locations for such land-uses and the acceptability or otherwise of the various classes of land-use within any particular zoning. It also allows for the identification of areas suited to a combination of uses, which is particularly important to facilitate flexibility and mixeduse development to support compact growth and generate activity within urban centres, in line with Town Centre First policy. The provision of land-use zoning within the development plan is intended to provide a degree of certainty and clarity to the community, landowners, developers and investors regarding future development. In making individual decisions on residential zonings at particular locations and for individual sites and parcels of land, there must be a clear rationale that relates directly to the core strategy of the development plan, based on an analysis of all settlements to identify sites with realistic capacity for development during the plan period, including infrastructural requirements and housing yield potential. Planning authorities should also be mindful that the relevant provisions of Part V of the Planning and Development Act 2000 (as amended) with regard to social and affordable housing provision, apply only to lands zoned for residential development or zoned for a mixture of residential and other uses. Section 95(1) of the Act also requires that sufficient and suitable land is zoned to meet the requirements of the housing strategy.
- Development Plan Guidelines for Planning Authorities | 68 Sustainable Development and Regeneration | 6 6.2.1 Zoning in the Development Plan In formulating a core strategy, as much certainty and clarity as possible is required regarding the location of lands zoned for residential development. A core strategy should apply housing ‘targets’ to settlements only where a detailed analysis of the housing delivery potential of those settlements has been undertaken and can inform such an approach. This is to ensure alignment between the intended strategic locations for development and an understanding of the capacity of those locations to deliver such programmed development. It is recommended that land-use zoning decisions should not be deferred to subsequent local area plan processes. This is to avoid a scenario whereby the development plan core strategy may be subject to challenge and effectively undermined in a separate statutory process. There are clear practical advantages to aligning the core strategy, settlement strategy and principal residential zoning functions in a single, integrated development plan process including: i. Transparency and coherence in the decision-making process, with the full extent of residential zoning set out for the six-year period of the development plan; ii Ensuring certainty by avoiding a scenario whereby lands are not zoned or inappropriately zoned in separate statutory processes; iii Providing clarity, especially where there may be a risk due to the time delay in preparing a number of subsequent local area plans; Enabling planning authority resources to focus on plan implementation and monitoring; iv Enabling local area plan preparation to concentrate on detailed planning for layout, design, community facilities, transport, recreational amenities, etc. at a local level. It is a policy and objective of these Guidelines that land-use zoning should principally be undertaken as part of the development plan process in tandem with the preparation of the directly-related core and settlement strategies, informed by a Settlement Capacity Audit. However, where land use zoning is being undertaken as part of the preparation of a local area plan, the specified approach to zoning detailed in this Chapter and in Chapter 4 of these Guidelines should be followed by the planning authority. 6.2.2 Consistency in Zoning Objectives In order for development plans to have coherence across administrative boundaries, a greater degree of consistency is required in the zoning objectives utilised by planning authorities. While there are a relatively small number of core zoning objectives focused on principal land use and development types, such as residential, employment, town centre, agriculture or amenities, these can vary greatly in their wording and remit, especially between different local authority development plans. When such objectives are compared across planning authority boundaries, this can result in a degree of ambiguity and confusion in the development priorities for a zoning type, especially when examined on a regional or national basis. This wide variation in zoning objectives also militates against the monitoring of development trends, both regionally and nationally. Certain zoning objectives can also be overly specific or narrowly devised, which is not appropriate to the general purpose of land-use zoning. From the perspective of an applicant for planning permission, this can give rise to unnecessary variation in the purpose for which certain lands or locations may be zoned, when considering different locations for development and investment. Accordingly, there is a need for greater standardisation in zoning objectives in order to enhance consistency, both within local authority areas and across the Country. Appendix B to these Guidelines provides a list of zoning objectives that planning authorities may incorporate into development plans which allow for a degree of local variation where necessary, but achieves the required standardisation on a national basis.
- | Development Plan Guidelines for Planning Authorities | Sustainable Development and Regeneration 69 6 6.2.3 Sequential Approach to Zoning for Residential Development In undertaking the zoning function for new residential development at individual settlement scale, it is recommended that planning authorities adopt a sequential approach which reflects the compact growth, utilisation of existing infrastructure and town regeneration national policy objectives of the NPF, further developing the Tiered Approach22.19. The spatial pattern of the growth of settlements, often along radial access routes, characterised by ribbon and low density development, has served to ‘lock-in’ extremely high levels of car dependence and render settlements too spread out and incoherent to comfortably get around on foot or by bicycle. In many cases, undeveloped lands and sites have been left idle, even though they may be centrally located with good access and availability of services infrastructure to enable development. This pattern of development has contributed to the decline of town centres and has resulted in a neglected appearance to many towns and other urban areas. Town Centre First – A Policy Approach for Irish Towns2320 is the overarching national strategy for the renewal and regeneration of Irish Towns and supports a more strategic and co-ordinated approach to town regeneration. The Town Centre First (TCF) policy includes a particular focus on measures to tackle the underutilisation of existing building stock and development sites in town centre areas. TCF endorses the need for a sequential approach to be taken to new development proposals to underpin national regeneration policy and to encourage the consolidation of development within existing developed areas. The Town Centre First and compact growth approach can be achieved through the prioritisation of lands closest to the centres of settlements. Planning authorities are therefore required to utilise a sequential approach when considering proposals for land-use zoning, in particular for residential development. It is a policy and objective of these Guidelines that planning authorities adopt a sequential approach when zoning lands for development, whereby the most spatially centrally located development sites in settlements are prioritised for new development first, with more spatially peripherally located development sites being zoned subsequently. 22 Per Appendix 3 of the NPF 23 https://www.gov.ie/en/publication/473d3-town-centre-first-policy/
- Development Plan Guidelines for Planning Authorities | 70 Sustainable Development and Regeneration | 6 There is a requirement for clear policy consistency between the development plan core strategy and associated zoning decisions made by the planning authority. The methodology for integrating the core strategy, settlement strategy and zoning function will be through the Sequential Test for Residential Zoning in Settlements which comprises:- STEP 1: As outlined in Chapter 4, the core strategy of the development plan will be formulated and provide a housing unit targets for settlements and rural areas This will be based on a Settlement Capacity Audit providing estimates of housing yield for (i) Serviced [Tier 1] lands and (ii) Serviceable [Tier 2] lands in settlements. STEP 2: n accordance with the Sequential Test, identified lands with potential for new residential development that are situated within or closest to the settlement core (including brownfield, infill and redevelopment sites) shall be zoned to facilitate residential development with/without other land uses as appropriate to fulfill the identified core strategy requirement. This exercise should be based on an assessment of the quantum of housing to be delivered on individual sites or land parcels, such that when aggregated, there is sufficient capacity to deliver the core strategy housing target for the subject settlement. STEP 3: Where it is necessary to zone serviced, but spatially less central lands (i.e. ‘Tier 1’ lands) to meet core strategy requirements, these shall be identified and prioritised on a spatially sequential basis (i.e. with those most proximate to the core, given preference, and first zoned for development). As part of this process, estimates of housing yield from such zonings must be considered against Core Strategy requirements. STEP 4: Subsequently, where it is also necessary to zone unserviced, but serviceable, spatially less central lands (i.e. ‘Tier 2’ lands) in order to meet core strategy requirements, these shall be identified and prioritised on a spatially sequential basis (i.e. with those most proximate to the core, given preference and first zoned for development). Clear estimates of housing yield from such zonings must be considered against Core Strategy requirements. Sequential Test for Residential Zoning in Settlements Ex A While the purpose of the sequential approach is to avoid development ‘leapfrogging’ to less centrally located areas, there may be exceptional circumstances where it is not possible to achieve sequential objectives. In some cases there may be an identifiable physical or environmental constraint on the coherent spatial growth of a town such as a floodplain or protected site, for example. Such exceptions should be clearly justified and set out in the written statement of the development plan. B There may also be circumstances where Tier 2 lands are positioned spatially closer to the core of a settlement than identified Tier 1 lands. In such circumstances, the planning authority will need to carefully examine and weigh up: • the potential for and likelihood of the Tier 2 lands to be developed (including the timeline and certainty over the provision of the required infrastructure); and, • the relative geographic distances between available options, with a view to achieving the overall coherent spatial growth of the settlement; • the relative contributions that the Tier 1 and Tier 2 lands can make to achieving the core strategy allocation for the settlement. Specific phasing objectives may be appropriate to permit all or part of the more spatially central Tier 2 lands to be zoned for development – e.g. in tandem with specific regeneration measures/initiative, as part of strategic and sustainable development site. Exceptions to the Sequential Approach
- | Development Plan Guidelines for Planning Authorities | Sustainable Development and Regeneration 71 6 6.2.4 Sequential Development in a City Context The five cities are targeted for significantly increased and consolidated population growth as key national strategic planning objectives, as set out in the NPF. This growth is also addressed by the relevant RSES, and the MASP strategies contained therein to achieve a sustainable compact growth model. While sequential development at the city scale is not comparable to town settlements with a single central spatial focus from which the town has grown historically, city development must also be approached sequentially, taking into consideration multiple opportunities for the intensification of development at appropriate scales relative to context. In a city area, development policy must ensure that the focus of the development plan is on securing a sufficient quantum of infill and brownfield development and regeneration to meet national policy objectives. As part of this approach, prioritising new development along high quality public transport corridors must be integrated into the policies and objectives of the development plan, in order to support and reinforce public transport investment. Similarly, parts of urban areas identified as specific focus for regeneration, may be appropriate for prioritised new residential development in tandem with programmed investment in new infrastructure and amenities. 6.2.5 Zoning for Employment Uses Ensuring that the economic or employment strategy of the development plan is translated into the appropriate land-use zoning proposals is an important consideration in the plan preparation process. The evidence and rationale underpinning the zoning of land for employment purposes must be clear and strategic in nature. Development plan preparation should include a comprehensive approach to estimating the differing zoning requirements for employment uses. To this end, the development plan must include a spatial analysis of the existing location of employment in the county or city as a baseline. There are a number of useful datasets from the census - ‘POWSCAR’ or WorkPlace Zone data - which can be used to create a spatial profile of employment within each planning authority area. The WorkPlace zones also allow for spatial analysis of concentrations of different types of industry/occupation, to inform where employment is actually concentrated. The development plan should provide an overview of the existing quantum and rate of take-up of zoned employment land, both developed and undeveloped and should also include relevant servicing information. The plan must include a rationale for any requirement to zone additional lands, based on projected population, economic and employment growth and change over the lifetime of the development plan. Differing typologies of commercial /industrial land-uses will generate different employment characteristics (e.g. high-intensity commercial office use in comparison to lower intensity warehousing/logistics) and these should be considered in the overall strategic assessment. Another important consideration is an analysis of where people work. In many local authority areas, a significant proportion of jobs are not located in defined ‘employment/enterprise’ land zones. Mixed-use town centre and district centre zones account for a significant amount of employment. This is also applicable to predominantly residential zones, where schools or social and community facilities, or one-off employment uses for example, may be located. Changing trends with regard to hub and/or home-working may impact this further. Estimating the land-use zoning requirement for employment development may require some flexibility and a strategic, long-term perspective. However, proposed employment zonings must have a credible rationale, particularly with regard to location and type of employment. It should be possible to demonstrate that the quantum of land zoned is not significantly out of step with estimated future demand arising from population, economic and employment growth and change. The economic policy objectives of the Regional Spatial and Economic Strategy will be instructive in this regard and the development plan must demonstrate consistency with these. In order to reflect the differing characteristics of employment and economic activity, recommended land-use zonings for employment are included in Appendix B to these Guidelines. General ‘employment’ zonings with ambiguous or unclear objectives should not be provided for in a development plan, as they can result in conflicting uses that may give rise to competing operational and environmental requirements.
- Development Plan Guidelines for Planning Authorities | 72 Sustainable Development and Regeneration | 6 6.2.6 Supporting Amenities, Facilities and Services When making zoning decisions, in addition to the provision of strategic and enabling water/drainage/transport and other infrastructure, consideration must also be given to the future availability of (or the capacity to provide) supporting local community and amenity services and infrastructure. This is applicable to employment-related zoning as well as to new housing and communities, including: • community facilities; • medical and health-care facilities; • schools and childcare; • public parks and major open spaces; • recreation and sports facilities; • public transport. For some infrastructural provision (e.g. schools), it will be necessary to undertake this analysis at a county/city wide scale as part of the overall development plan preparation process and to strongly relate strategic requirements to provision at an individual settlement level, such that capacity requirements are identified to support planned development locally. 6.2.7 Zoning for Rural Areas Most county development plans provide for a spatially differentiated rural housing policy, with rural area types defined in accordance with Guidelines for Planning Authorities on Sustainable Rural Housing. The various rural area types have generally been presented as standalone maps, separate from the land-use zoning objectives of the development plan. It is recommended that Planning Authorities apply specific land-use zoning designation to rural areas, in particular for areas under significant pressure for rural housing development, i.e. where under strong urban influence and subject to holiday/ second home development pressures. Such land-use zoning designation may be primarily for rural economic, agricultural, amenity or conservation purposes, or a combination of such uses, with rural housing development permissible in certain circumstances. Updated Section 28 Guidelines on Sustainable Rural Housing will provide further guidance on this. In developing land-use zoning and policies for rural areas, it is important to also consider the mandatory development plan objective in respect of climate change action under S.10(2)(n) of the Planning and Development Act, which relates to the promotion of sustainable settlement and transportation strategies in urban and rural areas to reduce energy demand.
- | Development Plan Guidelines for Planning Authorities | Sustainable Development and Regeneration 73 6 6.3 Mandatory Objective: Infrastructure The integration of infrastructure planning and provision with new development is a key element of land-use planning. The adequacy of existing provision, optimising the use of existing infrastructure and the need for additional facilities must be taken into account in the preparation of development plans. Section 10(2)(b) of the Act requires that a development plan shall include objectives for: “the provision or facilitation of the provision of infrastructure including— (i) transport, energy and communication facilities, (ii) water supplies and waste water services (regard having been had to the water services strategic plan for the area made in accordance with the Water Services Act 2007), (iii) waste recovery and disposal facilities (regard having been had to the waste management plan for the area made in accordance with the Waste Management Act 1996), and (iv) any ancillary facilities or services;” It is of critical importance that planning authorities have a clear understanding of infrastructural capacity and requirements when preparing city or county development plans. Although planning authorities do not have direct responsibility for the delivery of water services or public transportation infrastructure, they must engage with infrastructure providers at an early stage in the development plan process (see Chapter 2 above). This is to ensure that the planning authority is fully informed on the overall status of infrastructural provision in the city/county, including at an individual settlement level. This is of particular importance where significant proposals for new residential or other forms of large-scale development may be under consideration. Ensuring that sufficient infrastructural capacity is available or is planned to enable new housing or other forms of development is central to the development plan process, and must be assessed together with the provision of community services and amenities or other necessary support services. In considering and assessing infrastructural capacities and requirements, the planning authority should differentiate between the following classes of infrastructure, including, but not limited to: • Strategic National Infrastructure: comprising of national road infrastructure, utilities networks such as gas and electricity transmission, rail corridors, light rail and metro systems, airports, ports, regional water services infrastructure, flood management infrastructure; • Development Enabling Infrastructure: concerned with enabling local development priorities to be realised – water services provision, treatment and network infrastructure, pedestrian and cycle network infrastructure, local road and bridge provision, public lighting, local parks and recreational spaces, environmental and public realm improvements; • Local Community and Amenity Infrastructure: comprising of supporting infrastructure required for local communities to develop such as educational buildings/school campuses, childcare facilities, community centres, regional and town parks, recreational and sports complexes, medical facilities, shops and retail outlets. Within this category it is important to distinguish between what may be publically and privately funded or provided, but it is necessary to ensure that all relevant community needs are considered; Classes of Infrastructure Planning authorities should consult directly with the relevant infrastructure providers and maintain this engagement throughout the statutory development plan process. This includes in particular, early identification of those with decisionmaking responsibility for public infrastructure and services not directly provided by the local authority. With regard to the specific requirements of the Planning and Development Act, the following should be noted:
- Development Plan Guidelines for Planning Authorities | 74 Sustainable Development and Regeneration | 6 6.3.1 Transport The strategy, policies and specific objectives of the development plan should take an integrated approach to land-use planning and transportation. Sustainable transport considerations are a critical element in the formation of settlement strategy and the overall pattern of development and the reduction in transport emissions necessary to address climate change. Transport policies and objectives will be informed by national and regional strategies and guidelines including in the five cities, by the relevant National Transport Authority (NTA) transport strategy for the city and surrounding area. At the scale of the planning authority area as a whole and for individual settlements, land-use zoning for development should support the achievement of sustainable travel patterns, reducing reliance on private car usage and promoting public transport and active modes (cycling, walking). Baseline travel data should be presented in the plan, outlining existing commuting and travel to school/college patterns. Modal split data is sourced from the most recent available Census (the ‘workplace zones’ and/or ‘POWSCAR’ datasets should also be used). This provides a baseline from which trends can be examined and the plan strategy developed. It should also form the basis for indicators to be used to assess the implementation of transportation objectives over the lifetime of the development plan. For all larger settlements, and in particular those with more than 10,000 population, a transport assessment should be undertaken to support the integration of transport and land-use policies and the achievement of sustainable transport at a local level. The approach advocated in the ‘Area Based Transport Assessment’ advice document by the NTA provides a structured means of developing local transport policy. Objectives should be stated to drive the implementation of sustainable transport policy through the development management system, for example requiring the use of Mobility Management Plans and Workplace Travel Plans for significant developments. Increased share for walking and cycling modes can be achieved through improvement in local infrastructure and the development plan should prioritise the integration of such improvements with planned new development. 6.3.2 Energy and Communications The development plan written statement must support the timely provision of energy and communications (including broadband) infrastructure. This means ensuring, through liaison with key infrastructure providers at an early stage of the development plan process, that the plan identifies and safeguards key sites and corridors for infrastructure development, such as electricity transmission lines, gas pipelines and communications installations. Where sufficient information is available, the proposed location of energy and communications infrastructure development, and/or at least safeguarded route corridors, should be identified on development plan maps to inform the development management process. The implications of development plan policies and objectives not only for the siting and/or route of energy and communications infrastructure, but also for the achievement of targeted national or regional energy or communications performance targets, must be given full consideration in the development plan process. Development standards should also make express reference to provision of underground service ducting as part of major new housing, commercial or other developments to facilitate future provision or enhancement of sustainable energy and telecommunications infrastructure where this may be required, without undue future disturbance of roads. This may include provision for district heating, where considered viable based on prior investigation/research.
- | Development Plan Guidelines for Planning Authorities | Sustainable Development and Regeneration 75 6 6.3.3 Water Supply and Wastewater Facilities The development plan should clearly align future development proposals with water supply and wastewater treatment infrastructure capacity. Where enhancement of infrastructure is required to support development, it should be clearly set out whether this is already programmed, or whether this is planned or deliverable within the life of the development plan, together with the latest known timelines. To inform this, there must be comprehensive engagement between the planning authority and Irish Water, as the statutory water services infrastructure provider, to ensure that there is a transparent and realistic assessment of current and future planned capacity for water services infrastructure to support new development. This engagement must be at the initial stage of the development plan process through the preparation of the ‘Statement of Capacity’ by Irish Water for the planning authority concerned as detailed in Chapter 2. The classification process for ‘Tier 1’ and ‘Tier 2’ lands as set out in Appendix 3 of the NPF will be informed to a large degree on the availability and capacity of water supply and wastewater services. 6.3.4 Waste Management and ancillary facilities and services Waste management in Ireland is regulated by the Waste Management Acts, 1996 to 2011, which require local authorities to prepare detailed plans for the management of waste. Under the Waste Management Acts, a development plan is deemed to include the objectives of the Waste Management Plan for its area. In 2012, the Government’s blueprint for a circular waste economy, as set out in ‘A Resource Opportunity – Waste Management Policy In Ireland’, established a new framework for the provision of effective and efficient waste management services through the establishment of three waste management planning regions: the Eastern-Midlands Region, the Southern Region and the Connaught-Ulster Region. Each of these regions has produced a regional waste management plan that provides the strategic policy content of the constituent local authorities within each region. Therefore relevant policies and objectives in the development plan can assist in underpinning the objectives of the Regional Waste Management Plan and the successful implementation of waste management policy. Examples of policy areas that such objectives may cover include: • Facilitating the implementation of national legislation and national and regional waste management policy having regard to the waste hierarchy; • Supporting the transition from a waste management economy to a green circular economy; • Prevention and minimization the generation of waste; • Promote re-use, recycling and repair activities and facilities; • Promote the use of clean technology and minimisation of hazardous waste production in industrial activities and development;
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