Dublin City Development Plan 2022–2028 – Volume 1: Written Statement (as varied by Variations Nos. 1–11)

1. Page 661

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   Development Standards | Chapter 15 651 15.18.7 Renewable Energy Development proposals will be encouraged to utilise renewable energy sources such as wind energy where feasible. Applicant should assess the feasibility of alternative energy sources as part of the energy statement submitted with the application. In accordance with policy CA11 and CA12, the provision of on-site and micro energy production wind energy sources in industrial area and business parks will be assessed on a case by case basis where it can be demonstrated that: • The amenity obtained by surrounding properties shall not be affected. • The visual impact of the provision of such facilities should also be assessed in the context of the surrounding environment as to ensure the visual amenity of the area is protected. 15.18.8 Solar Energy Solar or PV panels allow solar energy to be utilised in the ongoing operation of a building. In line with NZEB requirements, Dublin City Council will require all new developments to provide for solar panelling / PV panels to contribute to the energy generation in a building where feasible. For individual dwelling units, homeowners can utilise solar thermal panels that produce hot water and photovoltaic panels that produce electricity. Solar systems can be installed in the roof space of a dwelling similar to roof lights. Any solar thermal panels that are installed on or in roofs should not unduly dominate the roof and should be sensitive to the character, colour and style of the existing roof. The Planning and Development Regulations 2007 (S.1 No. 83 of 2007) set out planning exemptions for micro-renewable energy technologies for domestic houses including solar panels, heating systems and wind turbines. Please refer to the Sustainable Energy Authority of Ireland Best Practice Guide to Photovoltaics (PV) for full details on the design and requirements for PV. https://www.seai.ie/publications/Best_Practice_Guide_for_PV.pdf Large scale proposals for solar panels or any development in the vicinity of the airport will be required to submit a Glint and Glare Assessment. Domestic applications will be assessed on a case by case basis. All large scale proposals involving for solar panels shall be sent to Irish Aviation Authority and Dublin Airport Authority as part of the statutory consultee process. 15.18.9 Noise Dublin City Council will have regard to the Dublin Agglomeration Noise Action Plan 2018– 2023 when assessing planning applications (see also Section 9.5.8: Noise Pollution). Where it is considered that a proposed development is likely to create a disturbance due to noise, a

2. Page 662

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   Development Standards | Chapter 15 652 condition may be imposed by the planning authority on any planning permission limiting the hours of operation and level of noise generation. Development proposals for residential development within designated noise zones, such as Dublin Airport Aircraft Noise Zones or which may generate noise sensitive activities should be accompanied by a noise impact assessment to analyse the potential noise impact on the development proposal. The applicant is required to demonstrate good acoustic design has been followed to mitigate against any potential noise impacts. Airport Noise Zone C is partially located within the Dublin City Council administrative boundary. For further details and map based information, see Fingal County Development Plan 2017-2023 Variation 1. https://www.fingal.ie/fingal-development-plan-2017-2023. Construction noise assessment should form part of the construction management plan and set out clear mitigation measures in place throughout the entire construction phase. Operational noise should be assessed as part of the planning application to determine whether the proposed use of the development will impact on the ambient noise levels of the surrounding environment. Appropriate sound proofing and noise mitigation measure should be provided where necessary. 15.18.10 Air Quality All developments during construction and operational stage shall ensure that the air quality of the surrounding area is not effected (see also Section 9.5.7). Details of the air quality controls in place throughout construction shall be identified in the construction management plan. As part of the operational management of a proposal, applicants are required to facilitate air extraction / ventilation units and other associated plant and services through the use of internal ducting. Details of such proposals shall be set out in planning applications as part of Mechanical and Electrical Engineering details. 15.18.11 Ground Investigation Any development containing significant excavation including the construction of a basement or any development on brownfield lands should include a ground investigation report to be submitted with an application. This will determine the best practice design based on the soil composition. Where lands are considered unstable or infilled, a strategy for the support and or removal of underground lands shall be provided as part of a planning application. 15.18.12 Ground Contamination Due to a mixture of historic industrial land-uses and land reclamation, there are a number of locations in the city where contaminated land could cause an environmental problem.

3. Page 663

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   Development Standards | Chapter 15 653 Any contaminated land will require appropriate remediation prior to redevelopment, including, in some instances, removal of material from a site which may require a licence under the Waste Management Act, 1996, as amended, prior to the undertaking of such works (see Section 9.5.6). In all cases involving contaminated land, it is the policy of Dublin City Council to require the highest standards of remediation and where appropriate to consult with the Environmental Protection Agency and other relevant bodies to resolve the environmental pollution created by contaminated land. Where the previous history of a site suggests that contamination may have occurred, developers will be responsible for the following: • Undertaking a detailed site investigation, soil testing and analysis to establish whether contamination has occurred. • Providing a detailed written report of investigation and assessment (including recommendations for treating the affected ground) to Dublin City Council. • The decontamination of sites prior to new development works taking place, and the prohibition of development until Dublin City Council is satisfied that the affected ground has been satisfactorily treated. • Decontamination activities should ensure that there is no off-site migration of contaminants via run-off, soils or groundwater. 15.18.13 Seveso Appendix 8 contains the list of COMAH Establishments (SEVESO III sites) where the Health and Safety Authority must be contacted by the planning authority for technical advice prior to a decision being made on proposed development in the vicinity of these sites (see also Section 9.5.10). 15.18.14 Flood Risk Management All applications for developments in flood risk areas shall have regard to the Strategic Flood Risk Assessment of this plan. All applications within flood zones A and B will be required to submit a Site-Specific Flood Risk Assessment to an appropriate level of detail (see Policy SI15 and SI16). Potential applicants should ensure consideration of residual risk without regard to any existing flood protection structures. Dublin City Council will assess planning applications with regard to the vulnerability classes of land-use and development types in accordance with the national guidelines. Potential applicants should refer to these and demonstrate adherence to them. In relation to rivers, potential applicants should give consideration to potential river channel impacts, adhere to the Inland Fisheries Ireland guidance and ensure access for wildlife to the river where possible.

4. Page 664

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   Development Standards | Chapter 15 654 15.18.15 Airport Safety Zones Airport safety zones are indicated on the zoning maps associated with the development plan written statement. Dublin City Council will continue to take account of the advice of the Irish Aviation Authority with regard to the effects of any development proposals on the safety of aircraft or the safe and efficient navigation thereof. Planning applications for any proposals that may be developed in the environs of the airport to the Irish Aviation Authority and DAA in accordance with the Obstacle Limitation Requirements of Regulation (EU) No 139 / 2014 (EASA Certification Specifications), previously required under ICAO Annex 14, and which are depicted on the aerodrome operator’s map as indicated as part of Fingal County Development Plan 2017-2023 Variation 1. https://www.fingal.ie/fingaldevelopment-plan-2017-2023. Development proposals located within Airport Public Safety Zones shall reflect the guidance set out in the ERM Report “Public Safety Zones, 2005” (or any update thereof). 15.19 Dublin Port In assessing proposals for the Dublin Port area, Dublin City Council will have regard to the following: • Recognition of the important role of Dublin Port in the economic life of the city and the region and the consequent need in economic and employment terms to facilitate port development. • The periphery of the port area facing residential areas shall be designed to minimise the impact of its industrial character. • The impact on nature conservation, recreation and amenity use, and other environmental considerations, including having regard to the designation of Dublin Bay as a UNESCO biosphere and other environmental designations such as Special Area of Conservation (SAC) and Special Protection Area (SPA). • The protection of the amenities of residential and commercial uses in adjoining areas. • Design criteria including appropriate landscaping, finishes, signage, boundary treatments and site layout where development adjoins residential and commercial uses.

5. Page 665

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   Monitoring and Implementation | Chapter 16 655 Chapter 16: Monitoring and Implementation

6. Page 666

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   Monitoring and Implementation | Chapter 16 656 16.1 Introduction Under the Planning and Development Act 2000 (as amended), Dublin City Council has a statutory obligation to secure the implementation of the policies and objectives of the city development plan and to take such steps within its powers as may be necessary to achieve them. It is acknowledged however, that the implementation of policies and objectives may take a number of plan cycles to be fully realised. The success of the development plan will be measured not only by the degree of implementation that is achieved over the lifetime of the Plan in the next six years, but by having regard to the longer term vision for the city. The objectives set out in the plan need to be realistic in terms of funding capabilities and implementation structures. Monitoring delivery of infrastructure and the carrying out of development is critical to ensuring the effective delivery of the objectives set out in this plan. Dublin City Council is fully committed to securing the successful implementation of the policies and objectives of this city development plan and the following sections set out how this will be achieved. The City Council will utilise its wide range of statutory powers and responsibilities to achieve and implement the objectives of the plan. 16.2 Collaboration and Engagement The City Council will actively undertake a leadership role to progress and secure the development plan policies and objectives to achieve the proper planning and sustainable development of the city. However, Dublin City Council cannot solely realise the vision in progressing towards a resilient, low-carbon city that offers a high quality of life for its citizens. In this regard, the successful implementation of a significant number of the objectives of the Plan will necessitate on-going collaboration and engagement with citizens, stakeholders, sectoral interests, city partners and adjoining authorities. The skills, awareness and competencies of the city’s residents and users, in addition to agencies and stakeholders at city, regional and national level, are critical to building and maintaining the city’s momentum on achieving sustainability. The City Council, through collaboration with communities and networks, such as the Public Participation Network, the Dublin City Local Community Development Committee, and Comhairle na nÓg, will develop on-going engagement processes for the implementation of the development plan. The City Council will also, during the life of this development plan, use appropriate social media platforms to engage with the city’s stakeholders and citizens in order to develop online dialogue about the progress of the Plan. It is envisaged that this will be particularly effective in reaching younger audiences as well as minority groups. It is also recognised however, that it is important that older people, who may not be as familiar with the internet/social media are kept informed and in this regard, more conventional forms of

7. Page 667

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   Monitoring and Implementation | Chapter 16 657 consultation will be also be utilised to ensure effective engagement with all sectors of society. 16.3 Monitoring, Implementation and Phasing 16.3.1 Monitoring The development plan will be reviewed and a two-year progress report will be prepared on achievements in securing the objectives of the plan. The two year review will include a full schedule of all the objectives in the development plan and will comment on the progress being made in implementing each objective. As far as practicable, every effort has been made to ensure that the objectives of the plan follow the SMART approach (Specific, Measurable, Achievable, Relevant and Time-bound). This approach will assist in the transparency and objective evaluation of the two-year review process. It is acknowledged however, that not all policies and objectives may be measured by easily identified quantitative values and implementation may be subject to external factors, economic circumstances and availability of resources. Dublin City Council will continue to engage with the Regional Assembly, and will regularly report to the Assembly setting out progress made in supporting the objectives of the RSES and the MASP in accordance with Section 25A(1) of the 2000 Planning and Development Act (as amended). Dublin City Council will continue to publish an annual report of progress on the City Council’s Climate Action Plan 2019, or as updated, which will include accurate measurements of energy efficient improvements, delivery of renewable energy and sustainable transport infrastructure and the overall carbon emission reductions in the city. Article 10 of the SEA Directive requires monitoring of the significant environmental effects of the implementation of the city development plan in order to identify, at an early stage, unforeseen adverse effects and to enable appropriate remedial action to be undertaken. The plan (and any future variations) will be subject to a separate monitoring and review exercise as part of the Strategic Environmental Assessment (SEA). This aspect of monitoring will ensure compliance with the strategic environmental objectives as set out in the Environmental Report which accompanies this plan and will also safeguard the special characteristics and features of the designated Natura 2000 sites. Dublin City Council plays an important role on the Dublin Housing Supply Coordination Task Force, an initiative of the Government’s Construction 2020 – A Strategy for a Renewed Construction Sector. The task force comprises the four Dublin local authorities, Department of Housing, Local Government and Heritage, and a number of other bodies. Dublin City Council compiles regular updates on residential developments completed, under construction and those currently in the planning system, such as current planning

8. Page 668

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   Monitoring and Implementation | Chapter 16 658 applications, in order to monitor the delivery of housing units and the quantum of ‘ready to go’ and potential development sites in the city. The City Council will also actively monitor development patterns occurring in the city and the nature of new development that is being delivered. 16.3.2 Implementation and Phasing During the implementation phase, proactive measures will be taken to enable the delivery of the housing targets outlined in the core strategy. The policies and objectives of the plan are aligned with the principles of compact growth. Active land management including the implementation of the vacant land levy or any successor on all vacant residential and regeneration lands as set out in the Urban Regeneration and Housing Act 2015 is a key means to implement the plan. It is also an objective of the plan (CSO6) to establish a database of strategic brownfield and infill sites and promote their development over the plan period. Chapter 2: Core Strategy, sets out a further range of mechanisms to secure active land management including funding, plan making and collaboration with the Land Development Agency. The City Council will also liaise with other state agencies and infrastructure providers to ensure the timely delivery on infrastructural programmes. In terms of an overall approach, Dublin City Council seeks to promote the implementation of the development plan in a rational and sequential manner. It is also an objective of the Council to ensure that developments are appropriately phased and that essential facilities, (such as roads infrastructure, water, sewerage) are secured and provided in conjunction with proposed developments. To ensure that the implementation of the plan is sustainable and contributes towards the long-term vision of the city, Chapter 13 sets out development principles for each of the SDRAs (Strategic Development Regeneration Areas). This chapter will assist in development management and in the preparation of any future LAPs and masterplans. In Strategic Development Regeneration Areas, Dublin City Council will work towards developing a protocol that would encourage and promote official local monitoring committees anchored by DCC where residents, planners and developers can interact and communicate on large scale development projects. 16.3.3 City Performance Indicators In addition to the preparation of the two-year progress report, a Development Plan Core Strategy Monitoring Report on the City Performance Indicators, which will measure the city’s performance and progress, will be prepared. The indicators are a key mechanism in assessing the delivery of the housing and population targets set out in the core strategy and will help inform the report which will be presented to the City Council on an annual basis. City Performance Indicators are a means by which the city’s progress can be measured in accordance with stated goals by providing benchmarks. The indicators are broad-ranging,

9. Page 669

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   Monitoring and Implementation | Chapter 16 659 from planning statistics and environmental data, to transport and economic data. Sources of data from other organisations which are readily available will also be used, where appropriate. Indicators can prompt action, and are a means by which to communicate to the public the progress made towards the development plan vision. These indicators have been devised to reflect the vision and key components of the core strategy and are broader than the range of purely environmental indicators under SEA and AA. Table 16-1: City Performance Indicators City Performance Indicators Sources of Data 1. Planning Statistics (Key Performance Indicators) a) Total number of valid planning applications received. b) Number of applications received online (e-planning). c) Development contributions - total payments received d) Vacant land study update. e) Funding (URDF etc.) received. 2. Housing-Related a) Planning permissions granted for residential development with: Breakdown of 1, 2, 3 and 4 bed units. b) Total new dwellings commenced and completed with breakdown of unit type (a KPI). c) Housing land availability (from Housing Land Availability Study). d) Residential rents (Private Residential Tenancies Board data). e) Residential property price index – Dublin (available from Central Statistics Office). 3. SDRA a) Total number of valid planning applications received. b) Planning permissions granted for: (i) residential development (ii) office/retail/commercial development (sq. m.) c) No. of residential units constructed. d) Office/retail/commercial development constructed (sq. m.). e) Enabling infrastructure delivery.

10. Page 670

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    Monitoring and Implementation | Chapter 16 660 City Performance Indicators Sources of Data 4. Commercial / Employment- Related a) Office floorspace quantum. b) Retail floorspace quantum. c) Dublin city centre office rents. d) Dublin office vacancy rate. e) Unemployment rate (census). 5. Movement and Transport a) Canal cordon counts; cycle and pedestrian. b) City centre footfall figures (via Dublinked site). c) Shared Public Mobility Schemes; annual number of trips. 6. Tourism and Visitors a) Overseas visitors figures. b) Hotel room occupancy levels. 7. Economic a) Seaport cargo figures. b) KBC/ESRI Dublin overall consumer sentiment. c) MARKIT Dublin purchasing managers’ index (PMI). d) Dublin’s latest international rankings. 8. Environmental a) Air quality data (Environmental Protection Authority). b) Environmental noise levels. c) Bathing water quality (measured at Dollymount, Sandymount. Merrion Strand and Shelley Banks). d) Carbon reduction. e) Energy performance. 16.4 Development Management A key mechanism in securing the delivery of the policies and objectives of the plan is through the Development Management process. Development Management is the term used to describe the broad range of processes by which development is approved and managed by planning authorities, and by An Bord Pleanála, where relevant. These processes include pre-application consultations, planning applications and planning enforcement. Dublin City Council will have regard to the Development Management Guidelines for Planning Authorities (Department of Environment, Heritage and Local Government, 2007), and any successor guidelines in the carrying out of its Development Management functions. The Planning and Development Act 2000 (as amended) requires that the planning authority, in making its decision on a planning application, shall be restricted to considering the proper planning and sustainable development of the area, and shall have regard to the provisions of the development plan; the provisions of any special amenity area order relating to the

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