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

1. Page 541

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   DEVElOPMENT MANAGEMENT STANDARDS 541FINGAL DEVELOPMENT PLAN 2023-2029 etc. are not impacted by continuous high levels of shadowing. Internally, structures should benefit from high levels of sunlight ingress and the relationship between adjoining structures should be such that one does not limit the sunlight/daylight of another. Daylight and sunlight also contribute to building efficiency by reducing the need for artificial lighting while solar gain can reduce heating requirements. All applications for residential development must ensure that the layout and design of individual units and accompanying public realms are designed in a manner which maximises daylight and sunlight. A Daylight and Sunlight Assessment may be necessary to assess the impacts of the proposed development on surrounding properties and amenity areas outside the site boundaries of an application and in order to assess the likely daylight and sunlight reaching proposed units and associated private, communal and public open spaces. Development shall be guided by the principles of Site Layout Planning for Daylight and Sunlight, A Guide to Good Practice – (Building Research Establishment Report) 2011 and/or any updated guidance. Objective DMSO22 – Daylight and Sunlight Analysis Require Daylight and Sunlight analysis for all proposed developments of 50+ units or as required by the Planning Authority, depending on the context of the site and neighbouring property as well as the design of the development. 14.6.6.2 Wind Assessment A Wind Assessment will be required in certain circumstances where buildings of increased height are proposed or in instances where there is potential for wind tunnelling arising from a proposed development. Such an assessment shall clearly establish that the proposed space is suitable for the intended use and should indicate all mitigation measures to be adopted where necessary. 14.6.6.3 Separation Distances All proposals for residential development, particularly apartment developments, over three storeys high, shall provide for acceptable separation distances between blocks to avoid negative effects such as excessive overlooking, overbearing and overshadowing and to provide sustainable residential amenity conditions and open spaces. The minimum standard distance of 22 metres between opposing windows will apply in the case of apartments up to three storeys in height. In taller blocks, a greater separation distance may be prescribed having regard to the layout, size and design. In certain instances, depending on orientation and location in built up areas, reduced separation distances may be acceptable. Objective DMSO23 – Separation Distance A separation distance of a minimum of 22 metres between directly opposing rear first floor windows shall generally be observed unless alternative provision has been designed to ensure privacy. In residential developments over three-storeys in height, minimum separation distances shall be increased in instances where overlooking or overshadowing occurs.

2. Page 542

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   DEVElOPMENT MANAGEMENT STANDARDS 542FINGAL DEVELOPMENT PLAN 2023-2029 14.6.6.4 Overlooking and Overbearance Development proposals must assess levels of overbearance and potential to cause significant levels of overlooking to neighbouring properties. Issues in relation to excessive overlooking and overbearance may be addressed through relocation or reduction in building bulk and height. Mitigation measures to ameliorate overbearance should be considered and may include alterations to the bulk and massing of the proposed scheme relative to neighbouring property. Overlooking may also be addressed by appropriate design-led solutions including the sensitive placement of fenestration and balcony treatments. 14.6.6.5 Amendments to Approved Residential Developments Where an application is made for changes to the design or elements of a residential development, the duration of the permission for the revised design if granted will be linked by a condition to the parent grant of permission, to ensure compliance with the Core Strategy. 14.7 Apartment Development/Standards In adopting national and regional planning policies in relation to settlement consolation and compact growth, is anticipated that the proportion of housing being provided in the form of apartments will increase in line with the growth strategy for the County. The location of apartment development is likely to correlate with higher density locations within the Settlement Hierarchy and in proximity to existing and planned transport corridors. Apartment developments should be of a high-quality design and site layout having due regard to the character and amenities of the area. All planning applications for apartment schemes (including mixed-use schemes incorporating apartment units) must include a schedule of the number and type of apartments proposed, together with a Schedule of Accommodation indicating the floor area of each unit, the number of units which are dual aspect, levels of private amenity space afforded each unit, communal and public open space, storage space (including dedicated storage space outside of the unit but to which the occupants have access), proposed access arrangements, tenure and level of accessibility. Applications for apartment developments will be assessed against the requirements of Sustainable Urban Housing: Design Standards for New Apartments Guidelines for Planning Authorities 2020 (or updated guidance as may be in place at the time of lodgement of the planning application). The current design standards for new apartments provide quantitative guidance for the design and layout of apartment schemes in order to safeguard design quality and to ensure a high standard of development. This includes a number of quantitative standards, including the following: 1. Mix of units (SPPR1) 2. Apartment Floor Area (SPPR 3) 3. Dual Aspect Ratios (SPPR 4) 4. Floor-to-Ceiling Height (SPPR 5) 5. Lift and Stair Cores (SPPR 6) 6. Internal Storage 7. Private Amenity Space (Appendix 1)

3. Page 543

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   DEVElOPMENT MANAGEMENT STANDARDS 543FINGAL DEVELOPMENT PLAN 2023-2029 8. Communal Amenity Space (Appendix 1) 9. Children’s Play Space provision (Section 4) 10. Bicycle Parking and Storage (Section 4) 11. Build-to-Rent schemes (SPPR7 & SPPR 8) The contents of the Guidelines (referred to as Apartment Guidelines for the remainder of this Section) have been incorporated below and the minimum floor areas set out in Table 1.0 in line with SPPR 3 of the Apartment Guidelines. The requirements of other relevant development standards including, minimum aggregate floor areas, minimum room widths, aggregate bedroom floor areas, floor to ceiling heights, public open space, private and communal space, play space, safety and security, acoustic and privacy standards, must also be complied which are set out below and within the Apartment Guidelines. Objective DMSO24 – Apartment Development All applications for apartment development are required to comply with the Specific Planning Policy Requirements (SPPRs), the standards set out under Appendix 1 and general contents of the Sustainable Urban Housing: Design Standards for New Apartments Guidelines for Planning Authorities 2020 (or updated guidance as may be in place at the time of lodgement of the planning application). 14.7.1 Apartment – Unit Size and Mix Specific Planning Policy Requirement 3 (SPPR 3) sets out the minimum floor areas for apartments Table 14.7: Minimum Requirements for Apartments Unit Type Size (sq. m.) Private Open Space Required (sq. m.) Communal Open Space required (sq. m.) Storage Space required (sq. m.) Studio (1 person) 37 4 4 3 One Bedroom (2 person) 45 5 5 3 Two Bedroom (3 person) 63 6 6 5 Two bedroom (4 person) 73 7 7 6 Three bedroom (5 person) 90 9 9 9 14.7.2 Floor to Ceiling Heights In line with SPPR 5 of the Apartment Guidelines, ground level apartment floor to ceiling heights shall be a minimum of 2.7m and shall be increased in certain circumstances, particularly where necessary to facilitate a future change of use to a commercial use. 3.0m should be considered in such instances. For

4. Page 544

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   DEVElOPMENT MANAGEMENT STANDARDS 544FINGAL DEVELOPMENT PLAN 2023-2029 building refurbishment schemes on sites of any size or urban infill schemes on sites of up to 0.25ha, the Guidelines state that Planning Authorities may exercise discretion on a case-by-case basis, subject to overall design quality. In certain main urban centre locations, where apartments front onto or adjoin busy commercial streets the need for future adaptability of ground floor areas from residential to potential commercial uses should be considered. A floor to ceiling height of 3.5m to 4m may be required for ground floor apartments in such cases. 14.7.3 Internal Storage Internal storage within an apartment unit shall be provided in accordance with the Sustainable Urban Housing Design Standards for New Apartments as set out in Appendix 1 and Section 3.30 to 3.34 of the Apartment Guidelines. 14.7.4 Dual Aspect Dual aspect units significantly enhance the residential amenity of apartment units providing for better daylight and sunlight penetration and cross-ventilation. Where single aspect apartments are provided, the number of south facing units should be maximised, with west or east facing single aspect units also being acceptable. North facing single aspect apartments may be considered, where overlooking a significant amenity such as a public park, garden or formal space, or a water body or some other amenity feature. Particular care is needed where windows are located on lower floors that may be overshadowed by adjoining buildings. In line with SPPR 4 of the Apartment Guidelines: ¨ There shall be a minimum of 33% dual aspect units required in more ‘central and accessible urban locations’, where it is necessary to achieve a quality design in response to the subject site characteristics and to ensure good street frontage. ¨ In ‘suburban or intermediate locations’ it is an objective that there shall generally be a minimum of 50% dual aspect apartments in a single scheme. ¨ For building refurbishment schemes on sites of any size or urban infill schemes on sites of up to 0.25ha, the Apartment Guidelines state that Planning Authorities may exercise further discretion to consider dual aspect unit provision at a level lower than the 33% minimum outlined above on a case-by-case basis, but subject to the achievement of overall high design quality in other aspects. 14.7.5 Lift and Stair Cores The number of lift and stair cores is principally governed by the dual aspect ratios specified in the Apartment Guidelines. SPPR 6 requires a maximum of 12 apartments per floor per core be provided in apartment schemes. This maximum provision may be increased for building refurbishment schemes on sites of any size or urban infill schemes on sites of up to 0.25ha, subject to overall design quality and compliance with building regulations.

5. Page 545

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   DEVElOPMENT MANAGEMENT STANDARDS 545FINGAL DEVELOPMENT PLAN 2023-2029 14.7.6 Private Open Space Every apartment shall have private amenity space in the form of gardens or patios/terraces for ground floor apartments and balconies at upper levels. Private amenity space shall be provided in the form of terrace, balcony or private garden and should be located off the main living area in the apartment. Private amenity space should be located to optimise solar orientation and designed to minimise overshadowing and overlooking. The minimum areas for private amenity are set out in Appendix 1 and Section 3 of the Apartment Guidelines. At ground floor level, private amenity space should be sufficiently screened to provide for privacy. Where ground floor apartments are to be located adjoining a public area, consideration should be given to the provision of a ‘privacy strip’ of approximately 1.5m in depth. This should be influenced by the design, scale and orientation of the building and on the nature of the street or public area and if provided, subject to appropriate landscape design and boundary treatment. 14.7.7 Communal Amenity Space Applications must clearly distinguish between communal and public open space to serve an apartment development. Communal amenity space, is in addition to any private or public open space provision within a scheme and may be provided as a garden within the courtyard of a perimeter block or adjoining a linear apartment block. Roof gardens may also be provided but must be accessible to residents, subject to requirements such as safe access by children. Communal open space must be of high-quality design, be accessible, overlooked and conveniently located for use of residents. Particular attention should be paid to ensuring such areas benefit from adequate daylight and sunlight throughout the year. Accessible, secure and usable outdoor space is a high priority for families with young children and for less mobile older people and as such should be capable of providing for a range of activities including, children’s play areas and passive recreation. In this regard, particular attention should be paid to the quality of hard and soft landscaping as well as to outdoor furniture and other facilities. Where ground floor balconies/terraces front areas of communal spaces, the design of the interface area between the two should be carefully considered with regard to privacy and security for the individual units. A considered approach to landscaping and boundary treatment in this area will be required. The future maintenance of such amenity spaces should also be considered. For building refurbishment schemes on sites of any size or urban infill schemes on sites of up to 0.25ha communal amenity space may be relaxed in part or whole, on a case-by-case basis, subject to overall design quality. 14.7.8 Public Open Space Public Open Space serving apartment developments is addressed in Chapter 4 Community Infrastructure and Open Space and under Section 14.13 of this chapter.

6. Page 546

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   DEVElOPMENT MANAGEMENT STANDARDS 546FINGAL DEVELOPMENT PLAN 2023-2029 14.7.9 Communal Facilities Applicants are encouraged to provide for a range of communal facilities for residents of a scheme, particularly as part of larger apartment developments. The range and mix proposed should form part of pre-planning consultation with the Planning Department in advance of lodgement of the planning application. Such facilities may include laundry rooms (in well-ventilated areas), community or meeting rooms or on-site management/maintenance facilities. Consideration may also be given to co-working spaces. 14.7.10 Building Lifecycle Report and Management Companies As required under the Guidelines, certainty regarding the long-term management and maintenance structures to be put in place are critical. It is essential that robust legal and financial arrangements are provided to ensure that an apartment development is properly managed, with effective and appropriately resourced maintenance and operational regime. Consideration of the long-term running costs and the eventual manner of compliance with the Multi-Unit Developments Act, 2011 are matters which should be considered as part of any assessment of a proposed apartment development. Accordingly, planning applications for apartment developments within Fingal will be required to submit a building lifecycle report. This should include: ¨ An assessment of long-term running and maintenance costs as they would apply on a per residential unit basis at the time of application, as well as demonstrating what measures have been specifically considered to effectively manage and reduce costs for the benefit of residents. ƿ Property Management of the Common Areas of the development ƿ Service Charge Budget ¨ Accordingly, when granting planning permission for such developments, which are not proposed to be Taken in Charge by the Council, the Guidelines state that Planning Authorities can attach appropriate planning conditions that require: ƿ Compliance with the MUD Act, ƿ Establishment of an Owners Management Company (OMC) and, ƿ Establishment and ongoing maintenance of a sinking fund commensurate with the facilities in a development that require ongoing maintenance and renewal. 14.7.11 Security and Surveillance Applications for apartment developments should clearly demonstrate how matters of safety have been incorporated into the overall design. Within the scheme, the design should include for the maximisation of natural surveillance of all common areas, streets and parking areas and for active frontage to the building facades. Particular attention should be paid to the location of entrance doors and lobbies to ensure that such areas are well lit, have high levels of active surveillance and are overlooked. The design should also give due consideration to the security and privacy levels afforded to ground floor apartments. This may include the provision of a defensible privacy strip, landscape planting and other measures, while ensuring appropriate levels of light ingress. Access to internal and external communal areas should also be controlled.

7. Page 547

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   DEVElOPMENT MANAGEMENT STANDARDS 547FINGAL DEVELOPMENT PLAN 2023-2029 14.7.12 Refuse Storage in Apartment Development Provision shall be made for the storage and collection of waste in all applications for apartment development. Refuse facilities should be accessible to each apartment stair/lift core and be adequately sized to cater for the projected level of waste generation, types and quantities. Within apartments, there should be adequate provision for the temporary storage of segregated materials prior to removal to communal waste storage. Waste storage areas should not be on the public street and should not be visible to or accessible by the general public. Waste storage areas in basement car parks should be avoided where possible, but where provided, must ensure adequate manoeuvring space for collection vehicles. 14.7.13 Build to Rent Build to Rent comprises purpose-built residential accommodation which is specifically provided for longterm rental, managed and serviced by an institutional landlord. It is an objective of the Council to facilitate the provision of Build-to-Rent Accommodation in suitable locations in accordance with the provisions of the Apartment Guidelines. Build to Rent serves an important role in meeting housing demand and provides an additional housing tenure option in the market. It is important to ensure however, that no one housing type dominates and a mix of housing options and tenures is preferable in achieving a sustainable housing mix. Build to Rent Schemes should be located close to high quality public transport networks, settlement and employment centres. The Apartments Guidelines set out specific planning policy requirements for ‘Build to Rent’ developments. SPPR7 and SPPR8 relate. Objective DMSO25 – Applications for Build to Rent Schemes Applications for BTR schemes shall be required to, be accompanied by an assessment of other permitted BTR developments in the vicinity (3km) of the site including a map showing all such facilities to demonstrate that the development would not result in the overconcentration of one housing tenure in a particular area. In assessing the matter of overconcentration, the Planning Authority will have regard to factors such as: ¨ The number and scale of other permitted BTR development in the vicinity (3km) of the site, ¨ The household tenure and housing type of existing housing stock in the approximate vicinity (3km) of the site and ¨ The proximity of the proposal to high-capacity public transport stops and interchange (such as DART, MetroLink, LUAS and BusConnects). 14.7.14 Shared Accommodation SPPR 9 of the Apartment Guidelines states that there shall be a presumption against granting planning permission for shared accommodation/co-living development unless the proposed development is required to meet specific demand identified under the Housing Need and Demand Assessment.

8. Page 548

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   DEVElOPMENT MANAGEMENT STANDARDS 548FINGAL DEVELOPMENT PLAN 2023-2029

9. Page 549

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   DEVElOPMENT MANAGEMENT STANDARDS 549FINGAL DEVELOPMENT PLAN 2023-2029 14.8 Housing Development/Standards 14.8.1 Floor Areas The minimum size of habitable rooms for houses shall conform with dimensions as set out in Quality Housing for Sustainable Communities: Best Practice Guidelines for Delivering Homes Sustaining Communities 2007 or the appropriate National Guidelines standards in operation at the date of lodging the application for planning permission. 14.8.2 Separation Distances A minimum standard of 22 metres separation between directly opposing rear first floor windows shall be observed, normally resulting in a minimum rear garden depth of 11 metres. However, where sufficient alternative private open space (e.g. to the side) is available, this may be reduced – subject to the maintenance of privacy and protection of adjoining residential amenities. All proposals for residential development over three storeys high, shall provide for acceptable separation distances between blocks to avoid negative effects such as excessive overlooking, overbearing and overshadowing effects and provide sustainable residential amenity conditions and open spaces. In certain instances, depending on orientation and location in built up areas, reduced separation distances may be acceptable. Any relaxing of standards will be assessed on a case-by-case basis and should not be seen as setting a precedent for future development. A separation distance of at least 2.3 metres should be provided between the side walls of each house, pair of semi-detached houses or each terrace of houses in order to allow for adequate maintenance and access. Objective DMSO26 – Separation Distance between Side Walls of Units Ensure a separation distance of at least 2.3 metres is provided between the side walls of detached, semi-detached and end of terrace units. (Note: This separation distance may be reduced on a case-by-case basis in relation to infill and brownfield development which provides for the regeneration of under-utilised lands and subject to the overall quality of the design and the schemes contribution to the streetscape. A statement demonstrating design mitigation and maintenance arrangements shall be submitted in such cases)

10. Page 550

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    DEVElOPMENT MANAGEMENT STANDARDS 550FINGAL DEVELOPMENT PLAN 2023-2029 14.8.3 Private Open Space Private Open Space shall usually be provided to the rear of the front building line of the house and to the requirements set out below. Narrow strips of open space to the side of houses shall not be included in the private open space calculations. Table 14.8: Private Open Space for Houses House type Minimum open space 3 bedrooms or less 60 sq. m. 4 or more bedrooms 75 sq. m. Objective DMSO27 – Minimum Private Open Space Provision Ensure a minimum open space provision for dwelling houses (exclusive of car parking area) as follows: ¨ 3 bedroom houses or less to have a minimum of 60 sq. m. of private open space located behind the front building line of the house. ¨ Houses with 4 or more bedrooms to have a minimum of 75 sq. m. of private open space located behind the front building line of the house. Narrow strips of open space to the side of houses shall not be included in the private open space calculations. Objective DMSO28 – Minimum Private Open Space Provision for Townhouses Allow a reduced standard of private open space for one and two bedroom townhouses only in circumstances where a particular design solution is required such as to develop small infill/ corner sites. In no instance will the provision of less than 48 sq m of private open space be accepted per house. 14.9 Residential Development – General Requirements The following requirements as set out below will relate to all forms of residential development, including housing and apartment schemes and should be taken into consideration at the design stage of the development. 14.9.1 Phasing of Development Developments over 100 residential units shall demonstrate that adequate provision for specified physical and social infrastructural requirements, including: roads, sewers, water mains, community, recreational and sporting facilities (indoor and outdoor), public transport, schools and shops are available at completion to support development.

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