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

1. Page 521

   Cite this pagePDF p. 521 (opens the publisher’s copy in a new tab)
   DEVElOPMENT MANAGEMENT STANDARDS 521FINGAL DEVELOPMENT PLAN 2023-2029 14.1 Introduction Development Management is one of the main implementation tools of the Development Plan. This chapter sets out the development standards and criteria to ensure development occurs in an orderly and efficient manner, but also in terms of how it contributes to the achievement of the Core Strategy and related policies and objectives. In all development proposals, it is the aim of the Planning Authority to promote a high standard of design and amenity and to complement the existing character of a particular area. Proposals must comply with the standards and criteria that apply to particular development types, be consistent with the objectives set out in the preceding chapters and be compliant with relevant legislative guidance. The guidance in this chapter has been informed by the NPF and RSES which encourages and supports the densification of existing urban areas as well as the promotion of the use of performance-based criteria in the assessment of developments to achieve well designed and high-quality outcomes. 14.1.1 Pre-Planning Section 247 of the Planning and Development Act, 2000 (as amended) provides a formal procedure for applicants to seek pre-planning guidance from the Planning Authority in relation to their proposed development. The Planning Authority provides pre-application consultations where requested and actively encourages such consultations prior to the lodging of a planning application. 14.1.2 Enforcement Development will be controlled in accordance with policies and objectives set out in this Plan and in accordance with the principles of proper planning and sustainable development. With regard to the enforcement provisions of Part VIII of the Planning and Development Act, 2000 (as amended), the role of the Planning Authority is to undertake enforcement action where necessary with respect to non-compliance with conditions attached to planning permissions and the carrying out of non-exempted development without the benefit of planning permission. Furthermore, the Planning Authority has special control powers under current legislation pertaining to such areas as protected structures and tree preservation orders. In addition, the Planning Authority will continue the practice of granting planning permission with the inclusion of conditions requiring levies and/or bonds to be paid to ensure compliance with the conditions of the permission. The provisions of Section 35 of the Act may be evoked where appropriate. 14.2 Key Principles for all Planning Applications All development schemes shall promote the principles of accessibility, green infrastructure and sustainable design together with best practice in architectural design and conservation. 14.2.1 Universal Access The Council recognises the need for universal equality of access to all aspects of the built and external environment as an essential prerequisite of equal opportunity and the development of an inclusive society.

2. Page 522

   Cite this pagePDF p. 522 (opens the publisher’s copy in a new tab)
   DEVElOPMENT MANAGEMENT STANDARDS 522FINGAL DEVELOPMENT PLAN 2023-2029 An inclusive environment is one which values diversity and difference and encompasses the needs of a wide range of user groups, as well as being sufficiently flexible and versatile to be able to adapt to diverse and changing needs and life circumstances. Development proposals, including all new large-scale developments, whether they relate to new buildings, public realm works, changes of use or alterations to existing buildings, must be designed to meet the mobility needs and convenience of all, and incorporate inclusive design principles particularly for vulnerable groups such as the elderly and persons with disabilities. Within new buildings and spaces, this will include consideration of issues such as provision of level circulation, lifts, doors widths, surface finishes, signs and information. The needs of occupants of different ages and stages of life should also be considered, ensuring form, construction and internal arrangement of the building will enable future adaptability. Access to the environment should also consider ways in which services and information can be provided to meet the needs of all users. All public buildings should ensure appropriate disability access, including disability car parking where feasible. The Council will support the retrofitting of public buildings where appropriate to ensure optimal accessibility. The Council will seek to encourage the implementation of best practice standards with regard to access in both indoor and outdoor environments. In assessing planning applications, which relate to protected structures, regard shall be had to the protected status of the structure and the need to protect the special character. An important element in achieving sustainability in the design of residential units is the ability of the design to accommodate the changing needs of a family. Housing with long term adaptability and potential for flexibility allows for change as circumstances alter or families grow. Adaptability that allows for the alteration of the fabric of a building and flexibility which allows for spaces to accommodate a range of uses, are key considerations in the design of a home. The guiding principle of accessibility shall be clearly demonstrated in development proposals. Fingal County Council will have regard to the Universal Design Guidelines for Homes in Ireland issued by the National Disability Authority and Housing Options for our Ageing Population, issued by the Department of Housing, Local Government and Heritage and the Department of Health, the National Disability Authority’s Building For Everyone: A Universal Design Approach 2012 and will seek to encourage the implementation of best practice standards with regard to access in relation to both indoor and outdoor environments. Part M of the Building Regulations sets out standards to ensure that buildings are accessible and usable by everyone, including the aged, people with disabilities and people with children. The Technical Guidance Document in relation to Part M provides guidance on the access requirements for public buildings and for residential dwellings. 14.2.2 Healthy Placemaking Healthy placemaking is a combined approach to planning, design and management of public spaces. Good placemaking design will ensure the success of local areas and spaces which will promote activity and provide vitality to an area, positively contributing to public health and wellbeing. It is essential that new developments have regard to good healthy placemaking principles to create climate resilient environments in which people want to engage, resulting in sustainable, well designed and strong communities. All developments will be encouraged to support the creation and nurturing of sustainable neighbourhoods and healthy communities, which are designed to facilitate active travel including walking and cycling, are close

3. Page 523

   Cite this pagePDF p. 523 (opens the publisher’s copy in a new tab)
   DEVElOPMENT MANAGEMENT STANDARDS 523FINGAL DEVELOPMENT PLAN 2023-2029

4. Page 524

   Cite this pagePDF p. 524 (opens the publisher’s copy in a new tab)
   DEVElOPMENT MANAGEMENT STANDARDS 524FINGAL DEVELOPMENT PLAN 2023-2029 to public transport insofar as possible, and offer a range of community infrastructure, in quality, more intensive mixed-use environments. The provision of active recreation and sports facilities in new neighbourhoods and public spaces will be supported as well as greening measures. Existing green infrastructure should be identified at the initial stages of the planning process for development and should guide the design of an appropriate site layout. A landscaping plan shall be submitted with an application that clearly illustrates how existing green infrastructure and opportunities to create new natural amenities, open space and linkages have informed and are incorporated into development management layout and proposals. Fingal County Council will identify buildings to facilitate activities for youth clubs, sports clubs, children’s activities including photography, film, arts and literary clubs, science clubs, dance and drama clubs. Young people need to be actively encouraged to participate in extracurricular activities. Future developments should include these facilities as part of their planning requirements. 14.2.3 Sustainable Design and Climate Action Good design has a key role to play in both reducing waste and emissions which contribute to climate change. These issues must be considered from the outset of the design process. Development proposals will be expected to minimise energy use and emissions that contribute to climate change during the lifecycle of the development with an aspiration towards zero carbon, and ensure the reduction, re-use or recycling of resources and materials, including water, waste and aggregates. Layout and building design must conform to the highest possible standards of energy efficiency. Buildings shall be designed to minimise resource consumption, reducing waste, water and energy use. Design shall optimise natural ventilation and minimise glare and excess solar gain, avoiding large areas of glazing and providing an appropriate balance between solid and void elements. Energy-saving and energy generating technologies, such as roof top solar panels and geothermal energy, shall be incorporated at the design stage where possible. Sustainably sourced materials and existing re-used/ recycled materials shall also be used where possible. Measures which will allow occupants to adapt to the impacts of climate change are promoted within developments and include natural ventilation, summer shading, openable windows, the incorporation of living roofs and walls, planting and trees, as well as the inclusion of sustainable urban drainage systems (SuDS) and permeable surfaces in adjoining spaces. Measures to mitigate and adapt to the impacts of climate change shall be appropriate to the special and architectural character of an area. These sustainable design elements shall be considered from the outset of the design process as they are integral to density, building orientation, height, form and materials and overall aesthetics and functionality of a proposed scheme. To minimise the waste embodied energy in existing structures, the re-use of existing buildings should always be considered as a first option in preference to demolition and new build. See Chapter 5 Climate Action for further details on energy requirements and the reuse of existing structures.

5. Page 525

   Cite this pagePDF p. 525 (opens the publisher’s copy in a new tab)
   DEVElOPMENT MANAGEMENT STANDARDS 525FINGAL DEVELOPMENT PLAN 2023-2029 14.2.4 Safety and Security The relationship between buildings and their adjoining spaces strongly influences the sense of personal safety and design plays a key role in ensuring that spaces are well designed and have appropriate passive surveillance. All residential developments shall refer to Design for Safety and Security guidance contained in the DEHLG Quality Housing for Sustainable Communities – Best Practice Guidelines for Delivering Homes Sustaining Communities 2007. 14.3 Assessments Required for Particular Projects 14.3.1 Environmental Impact Assessment Environmental Impact Assessments (EIA) consider whether development projects either alone or in combination are likely to have significant effects on the environment. The Planning and Development Regulations, 2001 (as amended), set out the mandatory thresholds for specified classes of development in which the preparation of an Environmental Impact Assessment applies. An EIA may need to be carried out even if the development is below the mandatory thresholds as set out in the regulations based on the potential impact on the environment. The process involves the preparation of an Environmental Impact Assessment Report (EIAR) by the applicant and an examination and analysis of the EIAR and other relevant information leading to a reasoned conclusion by the Competent Authority (Fingal County Council) on the likely significant effects of the proposed development on the environment. All planning applications will undergo EIA Screening by the Competent Authority as part of the planning application process. An EIA Screening Statement should be submitted with all applications. For further guidance see OPR Practice Note PN02 – Environmental Impact Assessment Screening see https://www.opr.ie/ planning-practice/. To facilitate the proper assessment of a development proposal in circumstances where it is considered that a proposed development would be likely to have a significant effect on the environment, due to the nature, scale or location of the proposal, Fingal County Council will require the submission of an Environmental Impact Statement in accordance with the provisions of the Planning and Development Regulations, 2001 (as amended). 14.3.2 Screening for Appropriate Assessment Under Article 6 of the Habitats Directive there is a requirement to establish whether, in relation to plans and projects, if Appropriate Assessment (AA) is required. If, following screening, it is considered that AA is required, the proponent of the plan or project must prepare a Natura Impact Statement. A plan or project will only be authorised after the Competent Authority has ascertained, based on scientific evidence, Screening for Appropriate Assessment, and a Stage 2 Appropriate Assessment where necessary, that: ¨ The plan or project will not give rise to significant adverse direct, indirect or secondary effects on the integrity of any European (Natura 2000) site (s) (either individually or in combination with other plans or projects), or

6. Page 526

   Cite this pagePDF p. 526 (opens the publisher’s copy in a new tab)
   DEVElOPMENT MANAGEMENT STANDARDS 526FINGAL DEVELOPMENT PLAN 2023-2029 ¨ The plan or project will have significant adverse effects on the integrity of any European (Natura 2000) site(s) (that does not host a priority natural habitat type and/ or a priority species) but there are no alternative solutions and the plan or project must nevertheless be carried out for imperative reasons of overriding public interest, including those of a social or economic nature. In this case, it will be a requirement to follow procedures set out in legislation and agree and undertake all compensatory measures necessary to ensure the protection of the overall coherence of European (Natura 2000) sites, or ¨ The plan or project will have a significant adverse effect on the integrity of any European (Natura 2000) site(s) (that hosts a natural habitat type and/or a priority species) but there are no alternative solutions and the plan or project must nevertheless be carried out for imperative reasons of overriding public interest – restricted to reasons of human health or public safety, to beneficial consequences of primary importance for the environment or, further to an opinion from the Commission, to other imperative reasons of overriding public interest. In this case, it will be a requirement to follow procedures set out in legislation and agree and undertake all compensatory measures necessary to ensure the protection of the overall coherence of European (Natura 2000) site(s). Other Assessments which may be deemed necessary for Planning Proposals: ƿ Ecological Impact Assessment, ƿ Flood Risk Assessment, ƿ Traffic Impact Assessment, ƿ Landscape Appraisal, ƿ Archaeological Assessment, ƿ Architectural Assessment. This list is not exhaustive. Refer to Table 14.20 also. Objective DMSO1 – Screening for Appropriate Assessment Ensure that all plans and projects in the County which could, either individually or in combination with other plans and projects, have a significant effect on a European site or sites are subject to Screening for Appropriate Assessment. Objective DMSO2 – Screening for Environmental Impact Assessment Ensure that all development projects within the County that are below the mandatory thresholds for Environmental Impact assessment, which could individually or in combination with other projects have significant effects on the environment are subject to EIA Screening. Objective DMSO3 – Local Authority Development Ensure Local Authority development proposals are subject to environmental assessment, as appropriate, including Screening for Appropriate Assessment and Environmental Impact Assessment.

7. Page 527

   Cite this pagePDF p. 527 (opens the publisher’s copy in a new tab)
   DEVElOPMENT MANAGEMENT STANDARDS 527FINGAL DEVELOPMENT PLAN 2023-2029 14.4 Sustainable Placemaking and Quality Homes This section provides guidance to applicants in relation to qualitative, quantitative and Development Management criteria for delivering within Fingal new public realms of distinction and to ensure housing demand is met with high-quality new homes encompassing a variety of tenure and typologies. In tandem, these elements contribute to achieving healthy placemaking within the County and help to foster a strong sense of community and local identity in new and established communities. All guidance should be read in conjunction with Chapter 3: Sustainable Placemaking and Quality Homes and Chapter 4: Community Infrastructure and Open Space. These requirements will form the basis for evaluating planning applications for residential development and the wider public realm, helping to ensure that Fingal’s communities are inclusive, sustainable and resilient into the future. 14.4.1 Healthy Placemaking: Design Criteria A multi-faceted approach is required to ensure healthy placemaking is central to all design proposals for the re-purposing of existing and the creation of new public spaces. All applications will be required to exhibit high-quality sustainable and inclusive design characteristics, promoting healthy placemaking and wellbeing. This will require that proposed developments demonstrate the manner in which they contribute to active travel, their connectivity to sustainable travel modes, proximity to community infrastructure including recreational facilities and measures to reduce car use, particularly for short journeys. Where new public realms are proposed, planning applications must demonstrate that the layout of such spaces has a considered, design-led approach taking into consideration issues including assimilation with the wider area, achievement of active and passive surveillance, ease of navigation and delivery of high levels of accessibility irrespective of the users age or mobility. Objective DMSO4 – Key Principles to consider in the achievement of Healthy Placemaking ¨ The design and layout of a development, the public realm and supporting infrastructure should incorporate Universal Design insofar as is feasible. ¨ Development should be well-designed and attractive to all users including children, people with disabilities, the elderly as well as accommodating cyclists and pedestrians. ¨ The relationship between the proposed scheme and its site context, including between proposed buildings and the adjoining streets, existing site features, pedestrian and cycle paths, as well as levels of active and passive surveillance should be carefully considered. ¨ There must be meaningful interaction between individual units within the scheme and the public realm. ¨ Creation of areas of distinction where communities can foster a sense of identity, irrespective of scale. ¨ Importance of the public realm as an area for passive and active use where the community can congregate. ¨ High quality finishing materials to proposed buildings and to the public realms, including seating, lighting, landscaping, tree planting, and green infrastructure. ¨ Consideration of shelter, sunlight/daylight and shadowing. ¨ The provision of safe environments for all users where the principles of DMURS are utilised and active travel modes such as walking and cycling are favoured over car use.

8. Page 528

   Cite this pagePDF p. 528 (opens the publisher’s copy in a new tab)
   DEVElOPMENT MANAGEMENT STANDARDS 528FINGAL DEVELOPMENT PLAN 2023-2029 14.4.2 High Quality Urban Design High quality urban design is central to creating vibrant towns and villages. The Council is committed to ensuring that best practice urban design principles are applied to all developments. This will ensure the creation of attractive places in which to live, work and play. Imaginative, innovative and contemporary architecture will be encouraged in all development proposals. Through its design and use of materials and finishes, new development will be required to make a positive contribution to the streetscape and public realm it will address. It is the policy of the Council to ensure all such development is of a high-quality design and promotes the achievement of accessible, safe and sustainable built and natural environments reflecting the special character and heritage of the County and its varied townscapes and landscapes. Design principles shall be based on the Guidelines for Planning Authorities on Sustainable Residential Development in Urban Areas 2009 and Urban Design Manual – A Best Practice Guide 2009. These guidelines set out twelve design principles that are to be applied in future development schemes. Objective DMSO5 – Design Statement All medium to large scale planning applications (in excess of 5 residential units or 300 sq m of retail/ commercial/office development in urban areas) or as otherwise required by the Planning Authority shall be accompanied by a Design Statement to address the contextual and design issues which have been taken into consideration as part of the scheme. A Design Statement shall: ¨ Explain the design principles and design concept of the scheme. ¨ Demonstrate how the twelve urban design criteria (as per the Urban Design Manual – A Best Practice Guide) have been considered when designing schemes in urban areas. Each of the twelve criteria is of equal importance and must be considered in an integrated manner. ¨ Outline how the development meets the Development Plan Objectives, and the objectives of any Local Area Plan, Masterplan, Framework Plan or other similar Plan affecting the site. ¨ Include photographs of the site and its surroundings. ¨ Include other illustrations such as photomontages, perspectives, sketches. ¨ Outline detailed proposals for open space and ensure the provision of open space is designed in from the beginning when designing a new scheme. ¨ Outline a detailed high quality open space and landscape design plan including specifications, prepared by suitably qualified professionals. ¨ Outline how Green Infrastructure integrates into the scheme. ¨ Demonstrate how the proposed scheme contributes in a positive manner to the public realm and to the local context. ¨ Provide detail in relation to all intended finishing materials to be applied throughout the scheme, including an overall materials palette demonstrating suitability for the scheme, its context and the streetscape.

9. Page 529

   Cite this pagePDF p. 529 (opens the publisher’s copy in a new tab)
   DEVElOPMENT MANAGEMENT STANDARDS 529FINGAL DEVELOPMENT PLAN 2023-2029 14.4.3 Ensuring Accessibility for All This Plan supports the development of high-quality community infrastructure, public realm and recreational amenities which offer an inclusive environment to existing and proposed communities ensuring accessibility for all and with a high degree of in-built flexibility and versatility to ensure that schemes can adapt over time. The mobility needs of the community must be taken into consideration at the early design stages including in relation to the physical layout of structures and realms, surface treatments and way finding measures. In order to ensure that all new development is inclusive and accessible, the Council will have regard to the Universal Design Guidelines for Homes in Ireland and Housing Options for our Ageing Population-Policy Statement and the National Disability Authority’s Building For Everyone: A Universal Design Approach 2012 and will seek best practice standards in terms of accessibility. Developers will be required to comply with Part M of the Building Regulations – Access and Use. 14.4.4 Town and Village Centres Town, Village, District and Local Centres are the primary focus of economic, community and residential development throughout the County. This Plan promotes a Town Centre First: A Policy Approach for Irish Towns and seeks to implement a strategic approach to town centre regeneration by utilising existing buildings and unused lands for new development and promote residential occupancy. This will include the promotion of age-friendly design including right-sizing proposals. Planning applications for change of uses in all urban and village centres will be assessed on their positive contribution to diversification of the area together with their cumulative effects on traffic, heritage, environment, parking and local residential amenity. Objective DMSO6 – Change of Use in Urban and Village Centres Assess planning applications for change of uses in all urban and village centres on their positive contribution to diversification of the area together with their cumulative effects on traffic, heritage, environment, parking and local residential amenity. 14.4.5 Shopfront Design The front of a shop, which includes any signage, is the public face of the premises and good shopfront design makes a valuable contribution to the quality of shopping areas. Poor quality shopfronts can seriously erode the character of a streetscape and can be visually intrusive. Shopfronts encompass not only retail units, but other business frontages such as restaurants, public houses, banks, offices and any ground floor activity addressing the street. Careful management needs to be exercised with regard to shopfront treatment and high-quality contemporary design will be encouraged. New shopfront design will be required to respect the character and architectural heritage of existing streetscapes noting that corporate logos, designs and colours may not be appropriate in all locations. The use of film or screening which obscures the glazed area of a shopfront window will be discouraged as such material often create dead frontage to a streetscape. Security shutters can be another source of visual clutter and careful management in relation to this feature is also required. New security shutters should be positioned behind the window glazing in the interest of visual amenity. Guidance documents have been published in relation to the provision of high-quality shop fronts for

10. Page 530

    Cite this pagePDF p. 530 (opens the publisher’s copy in a new tab)
    DEVElOPMENT MANAGEMENT STANDARDS 530FINGAL DEVELOPMENT PLAN 2023-2029 Malahide set out in the Malahide Public Realm Strategy-Design Guide for Shopfronts and for Rush set out in the Rush Urban Framework Plan 2018. Design Considerations and Guidelines for the alteration /upgrade of shopfronts which are relevant to all shopfront design are set out below. Refer also to Table 14.25 Guidance on Signage on Protected Structures or within ACAs. Table 14.1: Shopfront Design Guidance Shopfront Design Guidance All shopfront design, whether it be modern or traditional, should consider the streetscape, the building itself and the design detail of the shop unit. The Streetscape It is important to be aware of the street’s character and to consider the effect the design might have on the streetscape. Shopfronts should reflect the historic urban grain, building widths and contribute to good design and traditional character of the town or village. The Building The effect the shopfront will have on the building itself should also be considered as well as the adjoining buildings and shopfronts. Good shopfront design should be sensitive to the character of the building, particularly where it is within an Architectural Conservation Area, and should maintain its traditional frontage. It is important to maintain a vertical emphasis and have a relationship with the first floor opes/window alignments and proportions. Sizing and colour of signage/fascia relative to the wall of the shop is also important. The design details of the shopfront are of high importance. Ornaments, windows, door details and associated colours provide visual interest and should be maintained. The colour of the shopfront should be carefully considered and should enhance the building as well as the streetscape. Applications incorporating new or refurbishment of existing shop fronts shall demonstrate compliance with the Shopfront Check list below. Table 14.2: Shopfront Design Checklist Shopfront Check List Where formal clarification is required as to whether certain works require permission, a Section 5 Exemption Certificate under the Planning and Development Act 2000 (as amended) can be sought or, in the case of a Protected Structure, a Section 57 Declaration. ¨ Check if the building is a Protected Structure. If this is the case, conservation and enhancement of shopfronts instead of replacement is recommended. ¨ Retain traditional elements of the shopfront where possible, such as fascia, pilaster, stall riser, windows, doors, wall renders and other significant features of historic buildings, whether protected or not. ¨ Shop entrances should be accessible to all, including people with disabilities and those with prams/pushchairs. Proposals are required to comply with the relevant Building Regulations. ¨ Ensure that corporate logos, lighting, designs and colours are not used at the expense of the streetscape.

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.