Development plan · Fingal County Council
Fingal Development Plan 2023–2029 – Written Statement (Consolidated)
The council's development plan written statement: its strategy, policies, objectives and development standards.
Fingal County Council · 2023–2029 · 662 pages
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- SUSTAINABLE PLACEMAKING AND QUALITY HOMES151FINGAL DEVELOPMENT PLAN 2023-2029 Objective SPQHO81 – RU and GB lands Permit new rural dwellings in areas which have zoning objectives RU or GB on suitable sites where the applicant meets the criteria set out in Table 3.5. Table 3.5: Criteria for Eligible Applicants from the Rural Community for Planning Permission for New Rural Housing i. One member of a rural family who is considered to have a need to reside close to their family home by reason of close family ties, and where a new rural dwelling has not already been granted planning permission to a family member by reason of close family ties since 19th October 1999. The applicant for planning permission for a house on the basis of close family ties shall be required to provide documentary evidence that: ƿ S/he is a close member of the family of the owners of the family home. ƿ S/he has lived in the family home identified on the application or within the locality of the family home for at least fifteen years. ii. A person who has been in employment in a full-time occupation which is considered to satisfy local needs by predominantly serving the rural community/economy for fifteen years prior to the application for planning permission, and has not already been granted planning permission for a new rural dwelling since the 19th October 1999. Documentary evidence of such employment is required. iii. A person who is an immediate member of a rural family who has not been granted permission for a rural dwelling, since the 19th October 1999, and is considered to have a need to reside adjacent to the family home by reason of that person’s exceptional health circumstances. The application for a rural dwelling must be supported by two sworn affidavits from relevant and qualified professionals, with at least one from a registered medical practitioner. A qualified representative of an organisation which represents or supports persons with a medical condition or disability may supply the other. It is to be noted that criterion no. (iii) applies in areas which have zoning objective, HA, as well as in areas with zoning objective GB and RU. iv. A ‘bona fide’ applicant 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, subject to the following considerations: Such applicants will be required to satisfy the Council of their long-term commitment to operate a full-time business from their proposed home in a rural area, as part of their planning application. The applicant will outline within a submitted Business Plan how their business will contribute to and enhance the rural community and will demonstrate to the satisfaction of the Council that the nature of their employment or business is compatible with, and addresses and satisfies local needs, and will protect and promote the rural community.
- SUSTAINABlE PlACEMAkING AND QUAlITy hOMES 152FINGAL DEVELOPMENT PLAN 2023-2029 The applicant will satisfy the Council that the nature of their employment or business is dependent on its location within the rural area so as to discourage applicants whose business is not location dependent. The applicant will demonstrate their commitment to the proposed business through the submission of a comprehensive and professionally prepared Business Plan, and through submission of legal documentation that they have sufficient funding committed to start and operate the business. Applicants whose business is not location-dependent will not be considered. Verifiable documentary evidence to demonstrate compliance with Table 3.5 will be required in all planning permission applications for a new house in the open countryside including a sworn affidavit by the applicant stating that the applicant conforms to the requirements of the objective. 3.5.15.6 Housing within the Airport Noise Zones The development of new housing for those who are not involved in farming will be actively resisted within the area delineated by Noise Zone A for Dublin Airport. However, consideration will be given to the development of new housing for those not involved in farming but who have family homes within Noise Zone A, in locations on suitable sites outside Noise Zone A but within five kilometres from that noise zone. To ensure that the need to live as close as possible to the existing family is met and to avoid undue pressure on certain areas of the Greenbelt, the M1 will provide an east-west boundary, with those living to the east being considered for housing on suitable sites to the east, and those living to the west being considered for housing on suitable sites to the west. Site selection should ensure that the rural character of the area is maintained and that multiple sites on single landholdings are avoided. Housing within Airport Noise Zones Objective SPQHO82 – Rural Settlement Strategy and Airport Noise Zone A Apply the provisions of the Rural Settlement Strategy, only with regard to ‘New Housing for Farming Families’ as set out within this Chapter, within the Airport Noise Zone A, and subject to the following restrictions: ¨ Under no circumstances shall any dwelling be permitted within the predicted 69dB LAeq 16 hours noise contour. ¨ Comprehensive noise insulation shall be required for any house permitted under this objective. ¨ Any planning application shall be accompanied by a noise assessment report produced by an independent specialist in noise assessment which shall specify all proposed noise mitigation measures together with a declaration of acceptance of the applicant with regard to the result of the noise acceptance report.
- SUSTAINABLE PLACEMAKING AND QUALITY HOMES153FINGAL DEVELOPMENT PLAN 2023-2029 Objective SPQHO83 – Rural Settlement Strategy within Five Kilometres Outside Noise Zone A Apply the provisions of the Rural Settlement Strategy as it applies to ‘New Housing for the Rural Community other than for those who are actively engaged in farming’ for rural community members located within Noise Zone A on suitable sites located within five kilometres outside Noise Zone A. For those living to the east of the M1, only suitable sites located to the east of the M1 will be considered, and for those living to the west of the M1, only suitable sites located to the west of the M1 will be considered. 3.5.15.7 Layout and Design for Housing in Rural Fingal In order to limit the visual impact of new development, it is imperative that new dwellings and extensions to existing dwellings in Rural Fingal exhibit high quality design and demonstrate full consideration for the context of the site and its rural surroundings. The siting of new dwellings should consider existing site contours, and the scale, form and layout of adjoining dwellings, where appropriate. Design and materials will be required to reflect the County’s rural built tradition and high-quality contemporary designs which reflect this tradition will be supported. Dwelling designs which are suburban in influence, are dominant, intrusive, or incongruous in the rural setting should be avoided. All residential development in rural areas must comply with design guidance set out in Chapter 14 Development Management Standards. The development of houses between a road and the sea will be discouraged because of the possible impact of climate change, potential impacts upon scenic landscapes or vistas and the potential for cumulative impacts on Natura 2000 sites. No new houses will be permitted on lands with a High Amenity zoning objective which are located between the sea and the coast road. In the case of applicants for planning permission for a dwelling who comply with the settlement strategy for houses in the countryside, where the existing family farm is located entirely between the coast and the road, and no opportunities exist to convert existing/ vernacular buildings to a new dwelling on the farm or extend the existing farmhouse, a suitable alternative site will be considered on the land holding. Policy SPQHP55 – Layout and Design of Rural Housing Require that all new dwellings in the rural area are sensitively sited, demonstrate consistency with the immediate Landscape Character Type, and make best use of the natural landscape for a sustainable, carbon efficient and sensitive design. Objective SPQHO84 – Compliance with Development Management Standards in Rural Areas Applications for dwellings in rural areas of Fingal will be required to demonstrate compliance with layout and design criteria set out in Chapter 14 Development Management Standards including the carrying out of an analysis/feasibility study of the proposed site and of the impact of the proposed house on the surrounding landscape in support of applications for planning permission. Objective SPQHO85 – Visual Impact Statement for Applications in GB or HA Zoned Areas Ensure that any planning application for a house within an area which has a Greenbelt or High Amenity zoning objective is accompanied by a comprehensive Visual Impact Statement.
- SUSTAINABlE PlACEMAkING AND QUAlITy hOMES 154FINGAL DEVELOPMENT PLAN 2023-2029
- SUSTAINABLE PLACEMAKING AND QUALITY HOMES155FINGAL DEVELOPMENT PLAN 2023-2029 Objective SPQHO86 – High Amenity Zoned Land between the Sea and the Coast Require that no new houses are permitted on High Amenity zoned lands which are located between the sea and the coast except in such cases indicated in Objective SPQHO87. Objective SPQHO87 – Alternative Site for a New House Consider a suitable alternative site for a new house, in the case of applicants who comply with the Settlement Strategy for houses in the countryside and whose existing family farm is located entirely between the coast and the road, and where no opportunities exist to convert existing/vernacular farm buildings as a new dwelling or to extend the existing house. Objective SPQHO88 – Development of Coastal Sites Ensure that the development of any coastal site through the extension or replacement of existing buildings or development of any new buildings is of an appropriate size, scale and architectural quality and that it does not detract from the visual amenity of the area or impact negatively on the natural or built heritage. Objective SPQHO89 – Proximity to the Family Home Encourage new dwellings in the rural area to be sited at a location in close proximity to the family home where the drainage conditions can safely accommodate the cumulative impact of such clustering and where such clustering will not have a negative impact on the amenities of the original house. Where this arrangement is clearly demonstrated not to be available, permit the new dwelling to be located on an alternative site which is within two kilometres from the family home, or, where the applicant has land zoned HA within 2km from the family home and this arrangement is demonstrated not to be available to build, and the applicant has land zoned RU on lands within 3.5km of the family home, permit the new dwelling to be located on the RU zoned site which is within 3.5km of the family home, or, in the case of applications made under Objective SPQHO83 within five kilometres outside Noise Zone A and subject to the East / West of the M1 stipulation. Objective SPQHO90 – Entrances and Front Boundary Treatment Ensure that the design of entrances and front boundary treatment is sensitive to the rural setting. In this regard, block walls and ornamental features will be discouraged, and native hedging will be utilised where appropriate. Objective SPQHO91 – Retention of Hedgerows and Other Distinctive Boundary Treatments Ensure the retention of hedgerows and other distinctive boundary treatments in rural areas. Where removal of a hedgerow, stone wall or other distinctive boundary treatment is unavoidable, provision of the same type of boundary/provision of agreed species of similar length will be required within the site. 3.5.15.8 South Shore Rush The South Shore area of Rush consists mainly of small landholdings with a mixture of market gardening and single and cluster housing. The pattern of development is increasingly residential with a road infrastructure which is limited in terms of modern road requirements, but which forms part of the overall rural residential
- SUSTAINABlE PlACEMAkING AND QUAlITy hOMES 156FINGAL DEVELOPMENT PLAN 2023-2029 character of the area. The area also borders on Rogerstown Estuary, which hosts two Natura 2000 sites, Rogerstown Estuary SAC and Rogerstown Estuary SPA. Certain areas of the South Shore are also prone to flooding and are at risk from coastal erosion. Recognising the established mix of horticulture and residential land uses within this area, and the availability of water services infrastructure, the settlement strategy for housing in the open countryside will be more flexible within the area demarcated on the Plan maps. This area is located to the south and east of the R128 from the junction with Spout Road, immediately to the west of Rush. Housing will be considered for persons who have been resident in the South Shore, or within the development boundary of Rush or within one kilometre by road of either of these areas for a minimum of ten years. Housing will also be considered for a mother, father, son or daughter of a resident who qualifies. Houses will be sympathetic to the rural and coastal character of the area. Given the sensitivities of the area, because of its location adjacent to the coast and to Rogerstown Estuary, there will be a requirement on applicants to demonstrate that any proposed new development will not be at risk of flooding or erosion and will not negatively impact, either directly or indirectly, the designated sites within Rogerstown Estuary. South Shore Rush Objective SPQHO92 – Applications for Houses within the South Shore Area Consider planning applications for a house located within the South Shore area of Rush from persons who have been resident for a minimum of ten years within the South Shore area or within the development boundary of Rush or within one kilometre by road of either of these areas, subject to sustainable planning and consideration of climate change impacts. Objective SPQHO93 – Applications for Houses in the South Shore Area from Relatives of Residents Consider planning applications for a house located within the South Shore area of Rush from a mother, father, son or daughter of a resident who qualifies under Objective SPQHO92 and subject to sustainable planning and consideration of climate change impacts. Objective SPQHO94 – Occupancy Requirement for House in the South Shore Area Require that any house which is granted planning permission in the South Shore area 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. Objective SPQHO95 – Flooding and Coastal Erosion in the South Shore Area Require that an applicant for a house in the South Shore area demonstrates, to the satisfaction of the Planning Authority, that the site is not and will not be subject to flooding or erosion in line with national climate change predictions. Objective SPQHO96 – Ecological Integrity of Sites in the South Shore Area Require that an applicant demonstrates that the impact of any proposed house will not adversely affect, either directly or indirectly, the ecological integrity of any European site.
- SUSTAINABLE PLACEMAKING AND QUALITY HOMES157FINGAL DEVELOPMENT PLAN 2023-2029 Objective SPQHO97 – Connection to the Public Sewer on Sites in the South Shore Area Allow for new houses within the South Shore area, subject to normal sustainable planning criteria and in line with climate change impacts, which have demonstrated to the satisfaction of the Planning Authority that they cannot connect to a public sewer within a reasonable period of time, on suitably sized sites and subject to the requirements of the EPA Code of Practice. 3.5.15.9 Residential Accommodation for Seasonal Workers The requirement for residential accommodation to accommodate seasonal workers within Fingal having regard to the rich and diverse farming enterprises within the county is acknowledged. The provision of new on-site residential accommodation for seasonal farm workers shall be designed in an innovative, cohesive and purpose-built manner resulting in a high standard of quality accommodation, minimising visual impacts on the surrounding rural area. In this regard, new purpose-built on-site accommodation shall be single storey only. It is considered residential accommodation for seasonal workers will only be required for larger operations. In this regard, a minimum farm size of 25 hectares applies. This type of accommodation will only be permitted within the RU, GB and FP zonings. No accommodation of this nature will be permitted within the HA zoning. Farmers wishing to provide accommodation for their workers are advised to consider the following sequential approach: ¨ Is other accommodation available, i.e. in an existing house (this includes agricultural workers housing and other rural dwellings), hotel, other types of residential building either in the rural area or adjoining towns or villages? ¨ Are other buildings available to convert to residential accommodation, either on or off-site? ¨ The onus is on the farmer/employer to demonstrate special circumstances for the requirement of accommodation and all other alternatives have been considered. ¨ The subject site must be the most suitable within the land holding. ¨ Adequate arrangements must be made for the disposal of refuse and sewage from the site. Objective SPQHO98 – Seasonal Worker/Temporary Worker Accommodation Use of land associated with a farm for seasonal / temporary workers will be considered subject to the following requirements and demonstrate the following: ¨ The farm is a working and actively managed farm with a minimum size of 25 hectares. ¨ There is an essential need for the amount and type of accommodation, and this cannot be met anywhere else. The onus is on the farmer/employer to demonstrate this. ¨ The accommodation is for use by the workers associated with the farm only and shall not be for sale or rental independent of the farm.
- SUSTAINABlE PlACEMAkING AND QUAlITy hOMES 158FINGAL DEVELOPMENT PLAN 2023-2029 ¨ New on-site residential accommodation for seasonal farm workers shall be designed in an innovative, cohesive and purpose-built manner resulting in a high standard of quality accommodation whilst minimising visual impacts on the surrounding rural area. In this regard, new purpose-built on-site accommodation shall be single storey only. ¨ A viable landholding can facilitate up to a maximum of 200 seasonal workers. ¨ New purpose-built accommodation shall be provided in the form of a maximum 26 bed space unit. ¨ No bedroom shall accommodate more than 2 persons. ¨ Each unit shall provide: ƿ Accommodation and open space provision sufficient to provide an adequate level of comfort and amenity for occupants. ƿ Room sizes in accordance with minimum Development Plan standards. Shared kitchen, living and dining room based on a minimum 4 sq. per bed space in the unit, in addition to any circulation space. ƿ Each bedroom, or at a maximum, each pair of two bedrooms shall have an individual dedicated bathroom facility with shower, toilet and basin. Communal facilities below this standard shall not be permitted. ƿ Appropriate indoor and outdoor communal and recreational facilities at a combined level of 5-7 sq.m per bedspace. These facilities shall be provided prior to occupation. ƿ Communal facilities and services shall be provided for and include laundry and refuse facilities. These facilities shall be provided prior to occupation. ƿ Compliance with Building and Fire Regulations. ƿ That Residential Accommodation for Seasonal Workers should be in line with Health and Safety at Work guidelines and accommodation and facilities should be appropriate to support the needs of the workers. ¨ Transport arrangements to allow workers ease of access to nearby towns and villages, each worker will be provided with a working bicycle or electric bicycle or shared mobility scheme and one of the following: ƿ Footpaths linking the development to the nearest town or village, ƿ Footpaths linking the development to the nearest public transport link, ƿ Provision of a private shuttle bus or car for transport to the nearest town or village. ¨ Design, height, scale and finishes shall have regard to the landscape context. ¨ Existing trees and hedgerows shall be maintained in so far as possible and new planting shall be of native species.
- SUSTAINABLE PLACEMAKING AND QUALITY HOMES159FINGAL DEVELOPMENT PLAN 2023-2029 ¨ A Landscape Plan shall accompany applications for new purpose-built accommodation. ¨ Sufficient drainage and wastewater infrastructural capacity to serve the development. ¨ Sufficient access and car-parking arrangements to serve the development. Objective SPQHO99 – HA Zoning Seasonal worker accommodation will not be permitted within the HA zoning. 3.5.15.10 Houses Displaced by Infrastructural Works The Council recognises situations in which dwelling houses must be acquired, whether compulsorily or by agreement, to facilitate infrastructural improvements and works which are in the interest of the common good. The Council will undertake to consider any planning application by a member of the family of such a homeowner for a rural house subject to the same provisions that would apply if the dwelling, which has been acquired, were the original and long-standing family home of the applicant. Policy SPQHP56 – Housing Displaced by Infrastructural Works Consider any planning application by a member of the family whose house has been acquired in the interest of the common good, whether compulsorily or by agreement, for a rural house subject to the same provisions that would apply if the dwelling which has been acquired was the original and long-standing family home of the applicant. Ribbon Development Ribbon development is formed by the development of a row of houses along a country road (resulting in five or more houses on any one side of a given 250m of road frontage). It can promote the unsafe proliferation of vehicular entrances onto country roads, negatively impact on views and the character of the area, and reduce biodiversity, in particular, by loss of hedgerows. Therefore, ribbon development will be discouraged. The Planning Authority will determine whether a particular proposal would create ribbon development, having regard to the following; ¨ The type of rural area and circumstances of the applicant. ¨ The degree to which the proposal might be considered infill development ¨ The degree to which existing ribbon development would be extended or whether distinct areas of ribbon development would coalesce as a result of the development. ¨ Local circumstances such as planning history and normal planning considerations. 3.5.15.11 Replacement of Chalets and Seaside Huts There are a number of areas in Fingal, such as Portrane, Donabate and Rush, where chalets and seaside huts have been constructed prior to and after the coming into effect of the Local Government (Planning and Development) Act 1963. Fingal County Council will assess proposals to replace these holiday homes with structures for permanent dwellings retain having regard to the context, location, drainage provision, and appropriate site development standards. The Council is aware that in relation to the above locations, the following issues arise:
- SUSTAINABlE PlACEMAkING AND QUAlITy hOMES 160FINGAL DEVELOPMENT PLAN 2023-2029 ¨ A considerable number of such structures are located within the coastal regions and could be liable to the impacts of climate change in the form of coastal erosion and flooding. ¨ A considerable number of such structures are located in proximity to European sites. ¨ Given the ad-hoc nature of some of these developments, there is little or no sewerage infrastructure. ¨ There are limited services including roads infrastructure or utilities in these areas. ¨ The creation of permanent housing may be unsustainable and significantly alter the character of the areas in which they are located. The replacement or conversion of existing seasonal chalets and seaside huts by dwellings which can be resided in all the year round will only be considered in exceptional circumstances where the criteria set out in Chapter 14 Development Management Standards is fully complied with. Policy SPQHP57 – Replacement of Chalets and Seaside Huts The replacement or conversion of existing coastal chalets and seaside huts by dwellings which can be resided in all the year round will only be considered in exceptional circumstances. Objective SPQHO100 – Replacement of Chalets and Seaside Huts Proposals to replace or convert existing coastal chalets and seaside huts by dwellings which can be resided in all the year round will only be considered in exceptional circumstances and where all Development Management Standards set out in Chapter 14 in relation to such applications are complied with. 3.5.15.12 Fingal’s Greenbelts The targeted development of strategically identified towns and villages will be supported by a greenbelt policy which will safeguard the innate rural value of the Fingal countryside. Greenbelt zoning will underpin the settlement strategy by ensuring: ¨ Existing urban areas within Fingal do not coalesce and merge into one another leading to unsustainable development and travel patterns. ¨ The identity and unique character of rural and urban areas in the vicinity of administrative boundaries will be maintained where this would be beneficial. ¨ That citizens can enjoy the visual and natural amenities of the countryside in close proximity to the urban areas in which they reside. ¨ Proposed development within the Greenbelt shall clearly demonstrate a functional need for such a location, and consistency with the established character of the landscape of the area. Policy SPQHP58 – Preservation of Greenbelts Preserve Greenbelts in Fingal in order to safeguard valuable countryside; to ensure that existing urban areas within Fingal do not coalesce to ensure that citizens can enjoy the County’s natural amenities and to strengthen and consolidate greenbelts around key settlements.
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.