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

1. Page 561

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   DEVElOPMENT MANAGEMENT STANDARDS 561FINGAL DEVELOPMENT PLAN 2023-2029 14.12.2 Design Criteria for Housing in the Countryside 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). The reuse of existing buildings within the countryside for residential development will be encouraged. The Rural Settlement Strategy as set out in Chapter 3, outlines the requirements to meet the housing need in areas of the County zoned RU, GB and HA. It is an objective of this Development Plan to limit the visual impact of new houses on Fingal’s countryside and the visual impact of any proposed house upon the rural landscape must be evaluated as part of the overall assessment. The location of any proposed new dwelling should be such as to limit new entrances onto the public road. Therefore, newly constructed homes will be directed, where possible, to sites which are located adjacent to existing homes or farmyards belonging to the family of the owner of the proposed dwelling. Such sites should be served by a single entrance for both the existing and the proposed development. Objective DMSO41 – New Dwellings in Rural Areas Ensure that 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. A full analysis/feasibility study of the proposed site and of the impact of the proposed house on the surrounding landscape will be required in support of applications for planning permission. Objective DMSO42 – Housing in Greenbelt or High Amenity Zoned Land 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. Objective DMSO43 – Siting of New Dwellings in a Rural Area 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 2 km 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 3.5 km of the family home, permit the new dwelling to be located on the RU zoned site which is within 3.5 km 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.

2. Page 562

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   DEVElOPMENT MANAGEMENT STANDARDS 562FINGAL DEVELOPMENT PLAN 2023-2029 14.12.3 Design Guidelines for Rural Dwellings The Council will use the following guidance in assessing planning applications for a rural dwelling: Table 14.9: Design Guidelines for Rural Dwellings Site Assessment Study ¨ A full analysis/feasibility study of the proposed site and its surrounding landscape should be carried out as the first step in preparing a design, and subsequently a planning application, for a house in the countryside. Siting and Design ¨ The location, siting, orientation, and the design of a proposed new dwelling in a rural location should be sensitive to its surroundings. The proposed development should be consistent with the character and appearance of the land, including the building’s shape, height, and form, and with the ecology, natural features, and contours of the area, and the way in which these components combine. ¨ Direction should be taken from the existing environment and should take advantage of natural features such as trees, hedgerows, watercourses, hills, and other land formations to shelter, shade and service the house. ¨ If any structures exist on the proposed site, then consideration should be given to their re-use, adaptation, and extension in preference to new build. ¨ Where historic or vernacular buildings are located on the site or land holding, serious consideration should be given to their retention, and incorporation into any proposed development. ¨ Clustering with existing rural buildings is generally preferable to stand-alone locations. ¨ The new dwelling should seek to integrate as much as possible into the landscape and not be a prominent feature that visually dominates its rural surroundings. New buildings should respect their landscape context and not block scenic views or break the skyline or waterline as seen from vantage points or main roads. Cutting and filling of sites is not desirable. ¨ Full consideration should be given to solar gain and orientation within the proposed development to maximise energy efficiency. ¨ The applicant should determine if the proposed development is located on any designated natural heritage, archaeological or architectural heritage site. The existence of any of these designated sites within the proposed development site may have implications for the proposed dwelling. Materials & Detailing ¨ The detail, texture, colour, pattern, and durability of materials of the proposed development should be sustainable and of a high quality and should be sensitive to its proposed location. ¨ New dwellings should be guided by the range of materials used in the past in Fingal, and where contemporary materials are proposed they should complement and work well with those traditionally used. In Fingal, the materials that were typically used historically to construct dwellings and outbuildings were stone, mud, timber, thatch, slate, iron and lime. While historic brickworks did exist within Fingal, in general brick was not commonly used for wall finishes. ¨ The number of materials and finishes used in the construction of a new dwelling and associated structures, such as vehicular entrances, garage, or shed, should be limited. ¨ New dwellings should be restrained in their ornamentation and embellishment. Cosmetic features such as mock classical columns, Spanish arches, mock-Tudor detailing and balustrades should be avoided.

3. Page 563

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   DEVElOPMENT MANAGEMENT STANDARDS 563FINGAL DEVELOPMENT PLAN 2023-2029 ¨ Simple design forms and roof designs with narrow spans and pitches/profiles are preferable. ¨ Particular attention should be paid to fenestration details, particularly window openings and design. Windows should be in proportion to the development and compliment the style of the building. The natural light reaching the building should be maximised. Boundary Treatments ¨ Where hedgerows or native planting exist around the site, the proposed development should be designed so that they are retained and augmented as far as practical. Where limited removal is required to meet with visibility standards, new hedgerow consisting of species native to the area or mixed with other alternative species acceptable to the Council will be planted inside the line of visibility. ¨ Boundary treatment should reflect local traditions for similar buildings where applicable. Stonewalling executed in the traditional dry construction method or limestone walls with lime mortar, earthen banks and indigenous hedging are all considered appropriate at entrances. Over-scaled and elaborate designs should be avoided. ¨ The design of entrance gates should be in keeping with the rural setting and look to traditional agricultural gate forms and styles. Entrances which are not demonstrated to be in character with the rural location of the proposed development will not be permitted. ¨ Entrances, driveways, and surfaced areas should be located so as to minimise the visual impacts of these proposed structures for example by following existing contour lines. ¨ All applications for planning permission for a rural house should include detailed drawings and specifications for entrance treatments, including any additional elements such as name plaques, post boxes, intercom and security features, which should all be discrete. Access and Sightlines ¨ An applicant must demonstrate that safe vehicular access to and from a proposed house is provided in terms of visibility from a proposed entrance, but also in terms of impact on road traffic on the adjoining public road, through generation of turning and stopping movements by vehicles leaving and entering the proposed site. ¨ All applications for planning permission must include (at a minimum scale of 1:500) comprehensive details of the way in which access to the site can be provided in a satisfactory way. Where satisfactory access can be achieved only by removing large stretches of roadside hedgerow/ditches/stone boundaries, an alternative site for the proposed development should be sought. ¨ The sharing of vehicular entrances will be encouraged where appropriate in order to avoid a proliferation of access points. Where a new house is to be sited adjacent to existing dwellings, use of existing entrances, avenues and driveways should be considered. Surface and Wastewater Treatment ¨ Domestic wastewater treatment plant and percolation areas must comply with the requirements of the Code of Practice Wastewater Treatment Systems Serving Single Dwellings (EPA) as set out in Section 14.20.2 Rural Housing – Wastewater Treatment.These details should be included in any application for a new or replacement dwelling or an extension to an existing dwelling where there is an increase in demand on the treatment capacity of any existing system. Landscaping ¨ Landscaping proposals must be submitted with all planning applications for development. These should include as far as possible native species or other species which have been agreed with the Council.

4. Page 564

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   DEVElOPMENT MANAGEMENT STANDARDS 564FINGAL DEVELOPMENT PLAN 2023-2029 14.12.4 Replacement Dwellings – Rural The Council promotes the sympathetic maintenance, adaptation, and re-use of vernacular buildings where they contribute to the character of the rural area and will support the appropriate revitalisation, re-use and retrofitting of structurally sound, habitable dwellings in good condition as opposed to demolition and replacement unless strong justification is provided by the applicant in such instances. Where replacement is accepted, the applicant shall clearly demonstrate as part of an application for demolition and replacement: ¨ The impact of the replacement structure on surrounding landscape and/or properties in the vicinity of the site, resulting from the design, location, layout, and size of the proposed dwelling. ¨ The appropriateness of demolition of the existing structure having regard to its existing setting, age, design, and overall contribution to the area. 14.12.5 Housing in Rural Fingal The following should be read in conjunction with policies and objectives set out under Chapter 3 Sustainable Placemaking and Quality Homes. 14.12.6 Development in Rural Clusters Applications for dwelling units within the County’s Rural Clusters will be permitted to members of the Fingal Rural Community who can demonstrate a rural generated housing need defined as either: ¨ 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). Applications for development shall demonstrate compliance with the drainage and design standards required for on-site water-water treatment systems set out under Section 14.20.2 Rural Housing – Wastewater Treatment where a connection to public waste-water infrastructure is not available. Where a connection to public wastewater infrastructure is available, the overall site area shall not be less than 0.125 hectares. 14.12.7 New Housing for Farm 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

5. Page 565

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   DEVElOPMENT MANAGEMENT STANDARDS 565FINGAL DEVELOPMENT PLAN 2023-2029 include verifiable evidence of family ownership of a working farm. As part of an application, the Applicant will be required to demonstrate the following in relation to their working of the family farm: Objective DMSO44 – New Housing for Farm Families 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 is 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 farm 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. 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: a. A Herd Number or other Business Number which is allocated by the Department of Agriculture, Food and the Marine. b. Single Farm Payment details for the preceding three years. c. A GLAS number for those farmers who participate in the GLAS Scheme (or any scheme which supersedes this scheme). d. A Forestry number for those farmers who manage forestry. e. For dairy farms, details of the previous years’ supplies to a milk processor. f. 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.

6. Page 566

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   DEVElOPMENT MANAGEMENT STANDARDS 566FINGAL DEVELOPMENT PLAN 2023-2029 b. b) For horticulture farms: ƿ Confirmation of involvement in the Quality Assurance Scheme managed by An Bord Bia for the previous three years. ƿ Evidence of investment within the farm to demonstrate its current active engagement in the horticulture sector. ƿ 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. c) Size thresholds for farms: ƿ The minimum size for an active livestock, tillage, or mixed livestock/ tillage farm is 15 hectares. ƿ The minimum size for a horticultural farm is: – For a vegetable farm, 6 hectares. – For an apple farm, 13 hectares. – 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 to be resident on the farm in such cases. 14.12.8 New Housing for the rural community other than those actively engaged in farming New dwellings will also be considered in areas which have an RU or GB zoning objective for members of the rural community who are not involved in farming. Applications must demonstrate full compliance with all relevant requirements set out under Chapter 3 and Table 3.5: Criteria for Eligible Applicants from the Rural Community for Planning Permission for New Rural Housing. Table 14.10: Criteria for Eligible Applicants from the Rural Community for Planning permission for New Rural Housing Permit new rural dwellings in areas which have zoning objectives RU or GB on suitable sites where the applicant meets the criteria set out below: 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.

7. Page 567

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   DEVElOPMENT MANAGEMENT STANDARDS 567FINGAL DEVELOPMENT PLAN 2023-2029 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 of 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 of 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. 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 locationdependent. 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 14.10 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.

8. Page 568

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   DEVElOPMENT MANAGEMENT STANDARDS 568FINGAL DEVELOPMENT PLAN 2023-2029 14.12.9 Housing within 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. Objective DMSO45 – Housing for Farming Families within Airport Noise Zones New Housing for Farming Families Apply the provisions of the Rural Settlement Strategy, only with regard to ‘New Housing for Farming Families’ as set out in Chapter 3 within the Airport Noise Zone A, and subject to the following restrictions: ¨ Under no circumstances shall any dwelling be permitted within the predicted 69 dB 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. Objective DMSO46 – Housing for the Rural Community within Airport Noise Zones New Housing for the Rural Community other than for those who are actively engaged in farming. 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’ as set out in Chapter 3 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. 14.12.10 Replacement of Chalets and Seaside Huts Objective DMSO47 – Seasonal Chalets and Seaside Huts Applications for 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 following criteria is fully complied with: ¨ Verifiable documentary evidence is demonstrated indicating the unit is occupied on a year-round basis and has been for a period of 7 years or more. ¨ The proposal satisfies planning criteria in relation to appropriate design and layout, drainage, access and integration with the character of the landscape. ¨ The site shall not be liable to the impacts of climate change, including coastal erosion and flooding. ¨ It can be demonstrated that no impacts arise, including accumulative impacts, in relation to European Sites.

9. Page 569

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   DEVElOPMENT MANAGEMENT STANDARDS 569FINGAL DEVELOPMENT PLAN 2023-2029 14.12.11 South Shore Rush Subject to all criteria set out in Chapter 3, consider planning applications for a dwelling 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. The Council will 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. Permission for a dwelling house in the South Shore area will be subject to an occupancy condition requiring that the dwelling is 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. It will be a requirement 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. It will be a requirement 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. New houses within the South Shore area will be allowed for, 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. Applications for multi-unit schemes will not be permitted. 14.12.12 Houses Displaced by Infrastructural Works Objective DMSO48 – Houses 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. 14.12.13 Extensions to Rural Dwellings Extensions of a reasonable or modest size may be acceptable, subject to the proposed extension respecting the character, scale, and proportions of the existing dwelling, and subject to the availability of necessary services and protection of the visual amenities of the area. 14.13 Open Space The provision of accessible open space is an integral part of the provision of high-quality green infrastructure for communities and forms a core element in the emerging Green Infrastructure Strategy for the County. To achieve high quality open space, Fingal County Council has four basic principles of open space provision:

10. Page 570

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    DEVElOPMENT MANAGEMENT STANDARDS 570FINGAL DEVELOPMENT PLAN 2023-2029 14.13.1 Hierarchy and Accessibility Table 14.11 below outlines the public open space hierarchy and accessibility standards. The standards allow the provision of a wide variety of accessible public open spaces to meet the diverse needs of the County’s residents. For all developments with a residential component a mix of public open space types should be provided where achievable. Table 14.11: Public Open Space and Play Space Hierarchy and Accessibility Standards Type of Public Open Space Pocket Parks (Class 2 as per Development Contribution Scheme) Facilities for smaller children, but not necessarily formal play facilities. Have an important visual and social function also. Pocket parks must not be to the side or back of houses and must be adequately overlooked. Size of Park /Open Space Between 500 sq.m – 0.2 hectares. Distance from homes Within 100–200 metres walking distance of homes. Level of Play provision LAP (Local Area for Play). Minimum 10m x 10m to approximately 20% of public open space depending on calculated provision. Age group catered for Intended primarily for children up to the age of 6, though it will be used by older children at different times of the day or evening. Description of Play Space Accessible and inclusive landscaped areas for play. Imaginatively designed and contoured, using as far as possible natural materials such as logs or boulders with associated planting which create an attractive setting for play. Type of Public Open Space Small Parks (Class 2 as per Development Contribution Scheme) Depending on their size, these will accommodate playground facilities, kick about areas, and passive recreation. Size of Park /Open Space Between 0.2 – 2 hectares. Distance from homes Within 500–1000 metres walking distance of homes. Level of Play provision LEAP (Local Equipped Area for Play) Minimum activity zone of 200 square metres. Age group catered for Intended, in the context of play, for use by children up to the age of 12. Description of Play Space Accessible and inclusive landscaped areas for play. Imaginatively designed and contoured, using as far as possible natural materials such as logs or boulders in combination with traditional play equipment and associated planting. Where natural landscape such as woodland is in proximity to the play space, this should be incorporated and play opportunities dispersed throughout the available space as appropriate.

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.