Fingal Development Plan 2023–2029 – Written Statement (Consolidated)

1. Page 141

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   SUSTAINABLE PLACEMAKING AND QUALITY HOMES141FINGAL DEVELOPMENT PLAN 2023-2029 towns and rural settlements. Rural Fingal can be classified as an area under ‘Strong Urban Influence’ due to its location in proximity to Dublin City, major urban centres and important transport corridors. Accordingly, Fingal’s Rural Housing Strategy seeks to achieve a balance in terms of promoting sustainable rural development while also ensuring the protection of Fingal’s rich rural heritage, its landscapes and countryside, in line with national and regional policy. The Sustainable Rural Housing Guidelines for Planning Authorities published in 2005 seek to support housing development patterns in rural areas that are sustainable and require Planning Authorities to ensure that the needs of rural communities are identified through the Development Plan process. The Department issued Circular PL 2/2017 – Sustainable Rural Housing Guidelines for Planning Authorities 2005 – Local Needs Criteria in Development Plans in May 2017 which indicated that the European Commission originally issued an infringement notice against Ireland in 2007, in relation to the local housing needs criteria contained in the 2005 Rural Housing Guidelines. This infringement notice was subsequently deferred pending the outcome of an infringement case taken against Belgium, now referred to as the Flemish Decree case and on which the European Court of Justice (ECJ) delivered its Judgement in 2013. As such, revisions to the current 2005 Sustainable Rural Housing Guidelines will need to consider the relevant ECJ judgement. Updated and revised Guidelines are proposed by the Department of Housing, Local Government and Heritage however there is no date at present for when these Guidelines will be published. Fingal County Council is awaiting the publication of guidelines before carrying out a full review of its rural housing policy. Accordingly, in order to protect the finite rural resources of Fingal and to ensure the sustainable growth and vitality of existing towns, Rural Villages and Rural Clusters, the Plan promotes policies necessary to restrict urban-generated ‘one-off’ housing and only facilitate genuine and bona fide cases for new residential development within the County’s rural areas. Rural development in the first instance will be directed to Fingal’s towns, Rural Villages and Rural Clusters. Policy SPQHP45 – Rural Housing Provide viable options for the rural community through the promotion of appropriate sustainable growth of the rural villages and clusters, balanced by carefully controlled residential development in the countryside. Policy SPQHP46 – Rural Settlement Strategy Respond to the rural-generated housing need by means of a rural settlement strategy which will direct the demand where possible to rural villages, rural clusters and permit housing development within the countryside only for those people who have a genuine rural generated housing need in accordance with the Council’s Rural Housing Policy and where sustainable drainage solutions are feasible. Policy SPQHP47 – Review of the Rural Housing Policy and Local Need Criteria Commence a review of the Rural Housing Policy and Local Need Criteria on completion of a review by the Department of Housing, Local Government and Heritage of the Sustainable Rural Housing Guidelines for Planning Authorities 2005.

2. Page 142

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   SUSTAINABlE PlACEMAkING AND QUAlITy hOMES 142FINGAL DEVELOPMENT PLAN 2023-2029 Policy SPQHP48 – Re-use/Rehabilitation of Existing Housing Stock Encourage the re-use and re-habilitation of existing housing stock in rural areas in preference to new build and actively promote the protection of rural buildings. Policy SPQHP49 – Preservation of Greenbelts Recognise the importance of and preserve greenbelts in Fingal in order to safeguard valuable countryside to ensure that existing urban areas within Fingal do not coalesce enabling citizens to enjoy the County’s natural amenities and to strengthen and consolidate greenbelts around key settlements. Policy SPQHP50 – Safeguarding Agricultural Identity Ensure that the agricultural identity of North Fingal is safeguarded, promoting the rural character of the County and supporting the agricultural and horticultural production sectors. Objective SPQHO50 – Rural Community Ensure the vitality and regeneration of rural communities by facilitating those with a genuine rural generated housing need to live within their rural community. Objective SPQHO51 – Promote agriculture and landscape value of the rural area Recognise and promote the agricultural and landscape value of the rural area and prohibit the development of urban generated housing in the open countryside. Objective SPQHO52 – Re-use of existing rural building stock Encourage the re-use and adaptation of the existing rural residential building stock and other building types. Objective SPQHO53 – Ribbon Development In areas which are subject to either the RU, GB, or HA zoning objective, presume against development which would contribute to or intensify existing ribbon development as defined by Sustainable Rural Housing, Guidelines for Planning Authorities, 2005. A relaxation may be considered where permission is sought on the grounds of meeting the housing needs of the owner of land which adjoins an existing house of a member of his/her immediate family where it is clearly demonstrated that no other suitable site is available. Objective SPQHO54 – Vehicular entrances Presume against the opening up of a new additional vehicular entrance into the site of any proposed house, unless necessary in the interest of safety or because no viable alternative exists. Objective SPQHO55 – Preservation of roadside hedging and trees Require that the provision of safe access to a new house be designed so that it avoids the need to remove long or significant stretches of roadside hedging and trees. Where this is not possible, an alternative site or access should be identified.

3. Page 143

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   SUSTAINABLE PLACEMAKING AND QUALITY HOMES143FINGAL DEVELOPMENT PLAN 2023-2029 3.5.15.1 Rural Villages In accordance with Fingal’s Settlement Hierarchy, rural villages within the County are located within either the Metropolitan or Core areas, relative to their position to Dublin City and Suburbs and Metropolitan area. The Metropolitan Rural Villages comprise Coolquay, Kinsaley, Rivermeade, Rowlestown, while the Core Rural Villages comprise Ballymadun, Ballyboghil, Garristown, Naul, Oldtown, Balscadden. St. Margaret’s is a small linear settlement located c.7kms to the south-west of Swords, in the rural area of the County, off the R122 Kilsallaghan/Oldtown Road, immediately to the west of the Dublin Airport (‘DA’) zoned lands and within close proximity of existing airport infrastructure. St. Margaret’s Church, Parochial House, Parochial Hall and St. Margaret’s National School are centrally located, with existing residential development to the north and south of the existing centre. This Plan recognises the distinct heritage and recreational assets of the area and supports its enhancement through the roll out of environmental works under any relevant Town and Village Renewal Scheme. The Rural Settlement Strategy is not applicable to the Rural Villages and settlement is open to all. This approach promotes vitality and critical mass in relation to service provision within rural settlements. The level of growth within Metropolitan and Core Rural Villages will adhere to levels anticipated under the Core Strategy and rapid expansion will not be permitted. NPO 18b of the NPF advocates a programme for new homes in small towns and villages with Local Authorities, public infrastructure agencies such as Uisce Éireann and local communities, to provide serviced sites with appropriate infrastructure to attract people to build their own homes and reside in small towns and villages. Consideration may be given to the coordinated development of private serviced sites through proposals for outline permission and site development works, effectively providing ‘ready to go’ serviced sites in Rural Villages. Such sites would then be subject to individual planning applications to determine house type and all development proposals must have regard to development parameters set out in the LAPs and Village Development Framework Plan applicable to the village as well as to applicable Development Management Standards set out in Chapter 14. Such proposals must also have regard to environmental considerations and capacity constraints. Policy SPQHP51 – Protection of Rural Villages Support and protect Fingal’s Rural Villages by ensuring their appropriate sustainable development to preserve the character and viability of villages and support local services. Policy SPQHP52 – Growth of Rural Villages Ensure that Fingal’s Rural Villages accommodate additional growth in accordance with levels set out under the Housing Strategy in order to protect and enhance the character of existing settlements. Policy SPQHP53 – Vitality of Town and Village Centres Encourage appropriate residential, social and community uses in town and village centres in order to enhance their vitality and viability while recognising diversity within communities and promoting balanced socially and economically sustainable communities.

4. Page 144

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   SUSTAINABlE PlACEMAkING AND QUAlITy hOMES 144FINGAL DEVELOPMENT PLAN 2023-2029 Objective SPQHO56 – Rural Villages Facilitate appropriate development within Rural Villages subject to compliance with the following: i. The scale of new residential development shall be in proportion to the pattern and grain of the existing settlement and shall be located within the defined development boundary. ii. Encourage and promote compact growth within Rural Villages including infill, brownfield development together with redevelopment of derelict/underutilised properties. iii. All development shall enhance the existing village character and create or strengthen a sense of identity and distinctiveness for the settlement. iv. New commercial development should be centrally located within the village and contribute positively to the streetscape and public realm. v. Encourage new community and social facilities in conjunction with residential development. Objective SPQHO57 – Village Framework Plans Prepare Village Framework Plans to guide and inform development within Rural Villages as prescribed. Objective SPQHO58 – Serviced Sites Consider the use of serviced sites for residential development within the boundaries of Rural Villages and in accordance with LAP requirements (where applicable) subject to the availability of services, environmental considerations and the achievement of high-quality cohesive design. Objective SPQHO59 – Cultural Heritage features Preserve, protect and enhance the natural, built and cultural heritage features of Rural Villages. Objective SPQHO60 – Existing Building Stock in Rural Villages Encourage the re-use and adaptation of the existing building stock within the Rural Villages. Objective SPQHO61 – Rural Village Services Promote the provision of essential services within Rural Villages to serve the local community including childcare, social infrastructure, employment and retailing services, health, recreation and leisure amenities. Objective SPQHO62 – School Provision Work collaboratively with the Department of Education in identifying demand and meeting increased school place requirements in Rural Villages. Objective SPQHO63 – Care Homes, Health Service Clinics and Education in Rural Villages Promote suitable uses, including care homes, health service clinics, and educational centres, within areas zoned RV, to a scale appropriate to ensure the proper planning and sustainable development of each village. Objective SPQHO64 – Enterprise in Rural Villages Promote the provision of suitable, appropriately sized enterprises within rural villages to minimise the need for commuting.

5. Page 145

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   SUSTAINABLE PLACEMAKING AND QUALITY HOMES145FINGAL DEVELOPMENT PLAN 2023-2029 3.5.15.2 Rural Clusters Rural Clusters largely comprise areas with limited essential infrastructure and services, generally benefitting from one or more existing community or other local facilities. Development within Rural Clusters will be limited to incremental local growth appropriate to their size and character. For the most part, Rural Clusters provide an opportunity for family members of existing households within the cluster to build a new home, or reuse and adapt an existing structure by sub-dividing large sites. They also provide the rural community with an opportunity to choose more rural-style housing than that which is provided within the Rural Villages. Future development will be considered having regard to the role and form of the cluster within the wider rural area, taking particular care that clusters do not compete with villages in the services they provide or the role and function they play within the rural area. Settlement within the Rural Clusters is open to members of the Fingal rural community who demonstrate a rural-generated housing need. For the purposes of the Rural Settlement Strategy for Rural Clusters, ruralgenerated housing need is defined below as: ¨ Persons currently living and who have lived continuously for the past ten years or have previously lived for a minimum of ten continuous years, or ¨ Persons working continuously for the past ten years, within areas of the County currently zoned rural. These areas are zoned Rural Village (RV), Rural Cluster (RC), Rural (RU), Greenbelt (GB), or High Amenity (HA) Policy SPQHP54 – Rural Clusters Permit only persons with a rural-generated housing need, as defined within this section of the Plan, and as set out in Chapter 14 Development Management Standards, planning permission for a house within areas of the County zoned Rural Cluster. Objective SPQHO65 – Rural Clusters Encourage consolidation of rural housing within existing Rural Clusters which will cater for rural generated housing demand, as an alternative to housing in the open countryside, and encourage the reuse of existing buildings within the cluster over any new development. Objective SPQHO66 – On site Treatment Systems Ensure that the requirements set out by the Council in the Development Management Standards Chapter 14 for on-site treatment systems are strictly complied with, or with the requirements as may be amended by future national legislation or guidance. Objective SPQHO67 – Character and Role of the Rural Cluster Permit only development within the Rural Clusters which has regard to the existing character and role of the cluster within the wider rural area, with particular care being taken that clusters do not compete with villages in the services they provide or the role and function they play within their rural area.

6. Page 146

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   SUSTAINABlE PlACEMAkING AND QUAlITy hOMES 146FINGAL DEVELOPMENT PLAN 2023-2029 Objective SPQHO68 – Appropriate Development within Rural Clusters Ensure that proposals for new dwellings do not compromise the development potential of adjoining sites by means of on-site layout and house design and both vehicular and pedestrian access. All sites must provide sustainable drainage infrastructure. Objective SPQHO69 – Vehicular Entrances Minimise the number of new entrances to sites within a rural cluster with a preference for sharing accesses with existing dwellings or using existing entrances. New entrances will only be considered where the potential for sharing is not possible. Any removal of hedgerows, trees and walls or other distinctive boundary treatment required to accommodate sight lines must be limited in extent and must be replaced with the same type of boundary. The use of native species for replacement planting shall be used where appropriate. Objective SPQHO70 – Home-Based Economic Activity in Rural Clusters Allow for small scale home-based economic activity and local services at a level commensurate with the size, scale, and character of the Rural Cluster. 3.5.15.3 Fingal Rural Settlement Strategy Rural Generated Housing Need The Fingal Rural Settlement Strategy serves to meet settlement needs which are the result of a genuine ruralgenerated housing requirement. Residential development in areas zoned RU, HA, GB and RC which is urban generated will be restricted to preserve the character of Rural Fingal and to conserve this important limited resource. The countryside for the purposes of this section of the Plan are those areas with the rural zoning objectives identified as Rural (RU), Greenbelt (GB) and High Amenity (HA). Rural-generated housing needs are considered to be the housing needs of people who have long standing existing and immediate family ties, or occupations which are functionally related to the rural areas of the County and are specifically defined as follows: ¨ Members of farming families who are actively involved in the family farm which is located within rural Fingal as defined in Objective SPQHO80 and Chapter 14 Development Management Standards. ¨ Persons who have close family ties to the Fingal rural community as defined in Table 3.5 paragraph (i) ¨ Persons who have been in long term employment, which is related to, and supportive of, the rural community as defined in Table 3.5 paragraph (ii) and where the employment is dependent on the residence of the person within the rural community. ¨ Persons who are a member of a rural-located family, who are considered because of exceptional and demonstrated health reasons to have a need to reside beside their family home in the rural area as defined in Table 3.5paragraph (iii). ¨ Persons who are ‘a bona fide’ applicant, as defined in Table 3.5 paragraph (iv), and who have a demonstrated commitment to set up a rural-related business and who may not already live in the area, nor have family connections there, or be engaged in particular employment or business classified with the local needs criteria. The applicant must have a clearly demonstrated need to live in the rural area to ensure the functioning of the business.

7. Page 147

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   SUSTAINABLE PLACEMAKING AND QUALITY HOMES147FINGAL DEVELOPMENT PLAN 2023-2029 Persons who have genuine rural-generated housing need will be considered for planning permission for a dwelling house in those parts of the open countryside which have zoning objective RU or GB. Only members of families actively involved in farming within the rural area will be considered for a rural house in areas of the County which have a zoning objective HA. The maximum number of incremental houses which will receive planning permission within the rural area on the basis of an existing house is limited. Each of the rural zoning objectives has a limit to the number of incremental houses which will be permitted. Where exceptional health circumstances can be demonstrated an additional house will be considered under each of the rural zoning objectives. The maximum number of dwellings permitted under any of the above zonings will be less any additional house which has been granted planning permission since 19th October 1999. No individual applicant will receive planning permission for more than one house. The maximum number of houses permitted for each rural zoning type is shown in Table 3.3. Table 3.3: Maximum Number of Houses which will be permitted per existing house Area Zoning Objective Max no. of houses to be granted planning permission per existing house RU 2 (+1 for exceptional health reasons + 1 for exceptional farming circumstances) GB 1 (+1 for exceptional health reasons) HA 1 (+1 for exceptional health reasons) Eligibility for housing in the open countryside under the Rural Settlement Strategy is set out in Table 3.4 Table 3.4: Who is Eligible for Planning Permission Zoning Objective Involved in the family farm Close family ties Employment related to the community Exceptional health reasons ‘Bona Fide’ business RU CHECK CHECK CHECK CHECK CHECK GB CHECK CHECK CHECK CHECK CHECK HA CHECK CHECK Objective SPQHO71 – Maximum Number of Dwellings under Rural Zonings Provide that the maximum number of dwellings permitted under any of the rural zonings will be less any additional house which has been granted planning permission to a family member since 19th October 1999. Objective SPQHO72 – Maximum Number of Incremental Houses in RU Zoned Areas Permit a maximum number of two incremental houses for those who meet the relevant criteria set out in this chapter and Chapter 14 within areas with zoning objective RU plus one house for a person with exceptional health circumstances plus one where exceptional farming circumstances prevail.

8. Page 148

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   SUSTAINABlE PlACEMAkING AND QUAlITy hOMES 148FINGAL DEVELOPMENT PLAN 2023-2029 Objective SPQHO73 – Maximum Number of Incremental Houses in HA or GB Zoned Areas Permit a maximum number of one incremental house for those who meet the relevant criteria set out in this chapter and Chapter 14 within areas with the zoning objective HA or GB plus one house for a person with exceptional health circumstances. Objective SPQHO74 – Houses in HA Zoned Areas Permit houses in areas with zoning objective HA, only to those who have a defined essential housing need based on their involvement in farming or exceptional health circumstances. Objective SPQHO75 – Houses Granted Permission in RU, HA or GB Zoned Areas Require that any house which is granted planning permission in areas with the zoning objective, RU, HA, or GB will be subject to an occupancy requirement whereby the house must be first occupied as a place of permanent residence by the applicant and/or members of his/ her immediate family for a minimum period of seven years. 3.5.15.4 New Housing for Farming Families Planning permission will be considered for one incremental house in areas which have the HA or GB zoning objective, and up to two houses in areas with the RU zoning objective, on a family farm for close family members who are demonstrated to be actively and directly engaged in the running of the family farm. In recognition that farming is no longer a full-time occupation for many farmers, consideration will also be given to farmers whose income is supplemented by off-farm work. In all applications for planning permission for a rural house on the basis of involvement in an existing farm, proof of direct participation in farming must include verifiable evidence of family ownership of a working farm. New Housing for Farm Families Objective SPQHO76 – Additional Dwellings per Farm Family Permit up to two additional dwellings per farm family in areas with the zoning objective, RU, and one additional dwelling per farm family within areas with the zoning objective GB or HA, where the applicant demonstrates their direct participation in running the family farm and is considered to have a demonstrated need related to the working of the farm to reside on the family farm. Objective SPQHO77 – Members of Family Actively Involved in Running of Family Farm In exceptional circumstances in the RU zoning where two members of the family (excluding the occupier of the family farm) are actively engaged in the running of the family farm, permission may be considered for both. Documentation in support of an application must reflect the requirements set out under Chapter 14 Development Management Standards.

9. Page 149

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   SUSTAINABLE PLACEMAKING AND QUALITY HOMES149FINGAL DEVELOPMENT PLAN 2023-2029 Objective SPQHO78 – Primary Residence Criteria Demonstrate that any proposed dwelling is for use as the applicant’s primary residence and the proposed dwelling will be located on a farm where the applicant’s family currently resides. Objective SPQHO79 – Consideration of Additional House on a Fragmented Farm Allow for consideration of any additional house, in the case of a fragmented farm, to be located on an area of the farm not physically connected to the main portion of the farm, and which area has been in the applicant family’s ownership and part of the overall active farm holding for at least three years prior to the date of application. Objective SPQHO80 – Family Farm Criteria Demonstrate that the farm has been a working and actively managed farm in the ownership of the applicant’s family for a minimum of three years preceding the date of the application for planning permission. The applicant will be required to demonstrate full compliance with all relevant standards set out in Chapter 14 Development Management Standards. In particular, the applicant will be required to demonstrate the following in relation to their working of the family farm: i. The applicant is a member of a family which operates a farm within the rural area of Fingal, and is actively engaged in farming the family farm. Verifiable documentary evidence (such as dated and stamped Land Registry Documentation) showing details of the farm ownership, details of the family relationship with the farm owner, and the nature of the applicant’s involvement in farming the family farm will be required. ii. The farm on which the application for planning permission for a rural house has been submitted has been a working and actively-managed farm in the ownership of the applicant’s family for a minimum of three years preceding the date of the application for planning permission. iii. The location of the family home on the existing farm. iv. The location of all other houses on the family farm which have been granted planning permission since the 19th October 1999. Submission details will include the date of grant of planning permission and the Council’s file Register Reference under which any Planning Permissions were granted. v. The family farm has been a working farm for the preceding three years. The criteria which are considered to constitute a working farm and the size thresholds for various types of farms are set out below. The minimum threshold area of a farm excludes the area of the farm occupied by the farm yard and farm buildings, the area of the existing family home and its curtilage, and the area of the site of the proposed dwelling. vi. Documentary evidence that the applicant resides on a working family farm within the planning application.

10. Page 150

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    SUSTAINABlE PlACEMAkING AND QUAlITy hOMES 150FINGAL DEVELOPMENT PLAN 2023-2029 Documentary evidence (i.e., of a working farm) which is required is detailed below: a) For livestock (including equestrian), tillage and mixed livestock/tillage farms: i. A Herd Number or other Business Number which is allocated by the Department of Agriculture, Food and the Marine. ii. Single Farm Payment details for the preceding three years. iii. A GLAS number for those farmers who participate in the GLAS Scheme (or any subsequent scheme). iv. A Forestry number for those farmers who manage forestry. v. For dairy farms, details of the previous years’ supplies to a milk processor. vi. For equestrian farms, depending on the type of equestrian farm, current horse training licences issued by the Irish Turf Club, racing licences, documentation demonstrating that the farm is a recognised teaching school, records of bloodstock sales, details of stud production for the preceding three years or equine identification documents, i.e., passports issued by Horse Board Ireland or by Wetherbys. b) For horticulture farms: ¨ Confirmation of involvement in the Quality Assurance Scheme managed by An Bord Bia for the previous three years. ¨ Evidence of investment within the farm to demonstrate its current active engagement in the horticulture sector. ¨ Details of the supply of product from the farm which demonstrates that the applicant was supplying substantial produce to market in the preceding year. c) Size thresholds for farms: ¨ The minimum size for an active livestock, tillage, or mixed livestock/tillage farm is 15 hectares. ¨ The minimum size for a horticultural farm is: ƿ For a vegetable farm, 6 hectares. ƿ For an apple farm, 13 hectares. ƿ For glasshouse production, 0.4 hectares. Applications for planning permission will be considered where the documentary evidence clearly and comprehensively demonstrates that a farm has been an active and viable holding for the preceding three years, even though it falls below the thresholds set above, or is a specialist operator not of the types described above. The applicant must demonstrate a need for the applicant to be resident on the farm in such cases. 3.5.15.5 New Housing for the Rural Community other than those who are Actively Engaged in Farming New dwellings will be considered in areas of Fingal which have a RU or GB zoning objective for members of the rural community who are not involved in farming.

Source Fingal County Council: Fingal Development Plan 2023–2029 – Written Statement (Consolidated) (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.