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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- DEVElOPMENT MANAGEMENT STANDARDS 641FINGAL DEVELOPMENT PLAN 2023-2029 14.20.2 Rural Housing – Wastewater Treatment Domestic wastewater treatment systems will only be considered where it is not feasible to connect to the public foul sewerage system and will be subject to full compliance with the EPA Code of Practice Wastewater Treatment and Disposal Systems Serving Single Houses 2021, as may be amended or updated. Wastewater treatment systems shall be located entirely within the site boundary. Objective DMSO200 – EPA’s Code of Practice for Domestic Wastewater Treatment Systems Domestic effluent treatment plants and percolation areas serving rural houses or extensions shall comply with the requirements of the EPA’s Code of Practice for Domestic Wastewater Treatment Systems (Population Equivalent <10), 2021, or as amended. The area required to install a Domestic Wastewater Treatment Plant and percolation area is subject to the separation distance requirements of the EPA CoP being achieved and adequate space for SuDS being provided. Objective DMSO201 – Extensions to Dwellings Served by On-Site Wastewater Treatment Systems Where an extension is proposed to a dwelling served by on-site wastewater treatment and the extension would increase the potential occupancy of the dwelling, an assessment of the existing treatment system, including percolation area, will be required to demonstrate that there is sufficient capacity in accordance with the EPA Code of Practice for Domestic Wastewater Treatment Systems 2021 (or as may be otherwise superseded or amended). 14.20.3 Sustainable Urban Drainage Systems (SuDS) Sustainable urban Drainage Systems (SuDS) can best be defined as offering a ‘total’ solution to rainwater management and must be included in all new developments. Ponds, artificial wetlands and water features can make a positive contribution to the provision of Sustainable Drainage Systems (SuDS) and to the amenity of an area. Properly designed and located SuDS features can be incorporated within and can complement the amenity and aesthetic value of open spaces. Development proposals should provide suitable drainage measures in compliance with the Fingal SuDS Guidance Document (Appendix 11). Development proposals should not give rise to the pollution of ground or surface waters either during construction phases or subsequent operation. This will be achieved through adherence to best practice in the design, installation and management of systems for the interception, collection and appropriate disposal or treatment of all surface water and effluents. See Appendix 11 (SuDS Guidance Document) and Chapter 11 Infrastructure and Utilities (Section 11.5.2: Surface Water and Flood Risk Management). In general, all new developments will be required to incorporate Sustainable Urban Drainage Systems (SuDS). Sustainable Drainage Systems include devices such as swales, permeable pavements, filter drains, storage ponds, constructed wetlands, soakways and green roofs. Objective DMSO202 – SuDS SuDS shall incorporate nature-based solutions and have regard to the objectives set out in Fingal’s Guidance Document – Green/ Blue Infrastructure for Development, as amended. (Appendix 11).
- DEVElOPMENT MANAGEMENT STANDARDS 642FINGAL DEVELOPMENT PLAN 2023-2029 Objective DMSO203 – FCC SuDS Guidance Document SuDS shall be incorporated into all parts of a development (open spaces, roads, footpaths, private areas), and have regard to the FCC SuDs Guidance Document – Green/ Blue Infrastructure for Development, as amended (Appendix 11), and shall ensure: ¨ That the design of SuDS enhances the quality of open spaces and when included as part of any open space provision, it must contribute in a significant and positive way to the design and quality of the open space. ¨ Open space areas shall not be dominated by SuDS features. ¨ Underground tanked systems, whether concrete or plastic, are the least favoured means for surface water management and shall only be used when green solutions have proven not feasible. See also Appendix 11 (SuDS Guidance Document) and Chapter 11, Infrastructure and Utilities (Section 11.5.2: Surface Water and Flood Risk Management). Objective DMSO204 – Surface Water Run-Off from Domestic Driveways Require that all surface water run-off from new / extended domestic driveways, repaired/ replacement driveways and vehicular entrances (where such development is not exempted from the requirement to obtain planning permission) is managed using SuDS, ensuring no increase in surface water discharges to the public drainage network. Objective DMSO205 – Surface Water Management Plan Require the preparation of a Surface Water Management Plan as part of all new developments which shall include the following: ¨ Identify and assess the existing surface water movements through the development before considering and developing a surface water management system using SuDS, having regard to our Fingal Guidance Document – Green/ Blue Infrastructure for Development, as amended. (Appendix 11). ¨ Incorporate SuDS along the route of the water movement to enhance the water quality effects of nature-based systems at the different stages – Treatment Train approach from source to discharge. 14.20.4 Green Roofs and Walls (See also Chapter 11, Infrastructure and Utilities (Section 11.5.2: Surface Water and Flood Risk Management). A green roof or wall comprises part of a building that is partially or completely covered with vegetation and green roofs have a number of environmental benefits including the absorption and controlled release of rainwater rather than direct run-off into surface water drainage systems. In urban areas, they provide wildlife habitat, improve air quality, improve energy efficiency and reduce the ‘urban heat island effect’, which happens when buildings absorb and trap heat, thereby increasing the temperature in the surrounding area.
- DEVElOPMENT MANAGEMENT STANDARDS 643FINGAL DEVELOPMENT PLAN 2023-2029 The use of green roofs will be promoted and encouraged as part of an integrated approach to the provision of green infrastructure, taking particular account of benefits in terms of SuDS provision. Green walls are also referred to as living walls, bio-walls or vertical gardens and have many benefits including: ¨ Thermal insulation, ¨ Good for acoustics – it absorbs sound and prevents reflections, ¨ Good for wildlife, ¨ Provides for carbon sequestration. Carbon sequestration is the removal and storage of carbon from the atmosphere in carbon sinks, ¨ Visual benefits through providing visual interest in an otherwise blank façade. Green roofs do not form part of the public open space provision. Objective DMSO206 – Green Roofs Require the use of green roofs particularly on apartment, commercial, leisure and educational buildings as part of the overall surface water management strategy for each development, where appropriate. Objective DMSO207 – Green Walls and Roofs for New Developments Promote and encourage the use of green walls and roofs for new developments that demonstrate benefits in terms of SuDS as part of an integrated approach to green infrastructure provision. Objective DMSO208 – Green Roofs as Amenity Space Encourage the use of green roofs as amenity space. Objective DMSO209 – Functional Surface Area and Urban Green Infrastructure To be in line with the European city average of 15-22 m2 per person, Fingal will maximise, in so far is feasible, the amount of functional surface area that can be made up of urban green infrastructure by the lifetime of this plan through the use of, but not limited to, roof gardens, green roofs, vertical gardens, courtyards, community gardens, school allotments, parks or forests. 14.20.5 Riparian Corridors The riparian corridors of the County include rivers, streams and other watercourses and are important green infrastructure and biodiversity links. Development within or affecting riparian corridors will be required to: ¨ Ensure that hydromorphological assessments are undertaken where proposed development is within lands which are partially or wholly within the Riparian Corridors identified as part of this Development Plan. ¨ Demonstrate how the integrity of the riparian corridor can be maintained and enhanced having regard to flood risk management, biodiversity, ecosystem service provision, water quality and hydromorphology. ¨ Promote and protect native riparian vegetation along all watercourses and ensure that riparian corridors are maintained/reinstated along all watercourses within any development site.
- DEVElOPMENT MANAGEMENT STANDARDS 644FINGAL DEVELOPMENT PLAN 2023-2029 ¨ Uncover existing culverts where appropriate and in accordance with relevant river catchment proposals, restore the watercourse to acceptable ecological standards for biodiversity wherever possible, improving habitat connection and strengthening the County’s green infrastructure network. Objective DMSO210 – Riparian Corridors Establish riparian corridors free from new development along all significant watercourses and streams in the County: ¨ Ensure a minimum 10 m wide riparian buffer strip measured from the top of the bank either side of all watercourses. This minimum 10m wide riparian buffer strip applies to lands within development boundaries – i.e. within designated settlement boundaries (as per Fingal County Council’s Settlement Hierarchy set out in Chapter 2, Planning for Growth, Table 2.20: Fingal Settlement Hierarchy). ¨ A minimum 48m wide riparian buffer strip is required in all other areas outside of development boundaries. ¨ Where lands encompass urban and rural areas, a transitional approach from the urban riparian requirements to the rural riparian requirements may be appropriate and will be assessed on a case-by-case basis. ¨ Notwithstanding the above, cognisance must be taken of Flood Zone A and B, as outlined in the accompanying SFRA. See also Chapter 14, Development Management Standards (Section 14.20.5 Riparian Corridors) and the SFRA. Objective DMSO211 – De-Culverting to Restore Watercourses Promote de-culverting to restore watercourses to their natural environmental state. 14.20.6 Flood Risk Management Flood risk management will be carried out in accordance with the Flood Risk Management Guidelines for Planning Authorities, DOECLG 2009 and Circular PL2/2014. The Fingal-East Meath CFRAM Study and the Eastern CFRAM Study (Catchment and Flood Risk Assessment and Management) and the Fingal Strategic Flood Risk Assessment 2021 provide information in relation to known flood risk in Fingal County (see Development Plan Green Infrastructure (GI) Maps). The Strategic Flood Risk Assessment (SFRA) Report is a separate document to be read in parallel with this Plan. The SFRA identifies and maps flood risk in the County and has supported a sequential approach to planning, in accordance with the recommendations of the Flood Risk Management Guidelines. All applications for developments in flood risk areas shall have regard to the Strategic Flood Risk Assessment of this Plan. All applications within flood zones A and B will be required to submit a Site-Specific Flood Risk Assessment to an appropriate level of detail. Development proposals on lands that may be at risk of flooding should be subject to a flood risk assessment, prepared by an appropriately qualified Chartered Engineer, in accordance with the Flood Risk Management
- DEVElOPMENT MANAGEMENT STANDARDS 645FINGAL DEVELOPMENT PLAN 2023-2029 Guidelines. Detailed flood risk assessments should be cognisant of possible pluvial flood risk and appropriate drainage proposals should be implemented to reduce the risk of pluvial flooding; and Proposals for minor development to existing buildings (e.g. extensions or change of use) in areas of flood risk should include a flood risk assessment of appropriate detail. Objective DMSO212 – OPW Flood Risk Management Guidelines Have regard to the OPW Flood Risk Management Guidelines 2009, as revised by Circular PL 2/2014, when assessing planning applications and in the preparation of statutory and non-statutory plans and to require site specific flood risk assessments be considered for all new developments within the County. All development must prepare a Stage 1 Flood Risk Analysis and if the flooding risk is not screened out, they must prepare a Site Specific Flood Risk Assessment (SSFRA) for the development, where appropriate. Objective DMSO213 – Implementation of the SFRA Implement and comply fully with the recommendations of the SFRA prepared as part of the Fingal Development Plan 2023–2029. Objective DMSO214 – Medium Range Future Scenario Climate Change Predictions Surface water designs must include Medium Range Future Scenario Climate Change Predictions. Objective DMSO215 – Precautionary Principle and Flood Risk Require all developments in the County to be designed and constructed in accordance with the Precautionary Principle as detailed in the OPW Guidelines and to minimise the flood risk in Fingal from all potential sources of flooding as far as is practicable, including coastal, pluvial, fluvial, reservoirs and dams, and the piped water system. 14.20.7 Taking in Charge, Infrastructure and Utilities Taking in charge refers to the taking over of the running/maintenance/ownership by a Local Authority of lands that were developed privately but which have public access and a wider public benefit in their provision. The Local Authority thereafter looks after these areas for the public. Examples are residential estate roads and public parks. All applications are assessed with regards to sustainability, compatibility with existing and proposed surface water drainage infrastructure and compliance with the requirements for surface water and groundwater quality and flood protection amongst other issues. Once a development has been approved, the Council requires that the construction complies with satisfactory design and construction standards prior to being ‘taken-in-charge’. Once completed, records of the new development must be submitted to the Council in a format which can be satisfactorily managed. Applicants should work with the Council on issues relating to water services by ensuring that they engage in pre-planning meetings and respond constructively to the advice provided. In addition applicants are advised to consult with Uisce Éireann regarding water supply and wastewater arrangements. This will reduce the need for post planning compliance issues and ensure a more efficient and timely delivery of infrastructure.
- DEVElOPMENT MANAGEMENT STANDARDS 646FINGAL DEVELOPMENT PLAN 2023-2029 A key objective is to ensure development is carried out in a sustainable manner. Issues to be considered include: ¨ Water Supply; ¨ Drainage; ¨ Surface Water Management and Flooding; ¨ Water Quality; ¨ Electricity. Objective DMSO216 – Taking in Charge of new Surface Water Infrastructure Require that all new surface water infrastructure within public or private developments be constructed in accordance with the standards set out within the Greater Dublin Regional Code of Practice for Drainage Works, as amended, irrespective of the management and maintenance regime proposed for the development or whether or not the development is intended to be taken in charge, in full or in part (i.e. infrastructure shall be to designed to taking in charge standards). Objective DMSO217 – Requirements for the Design, Construction and Taking in Charge of New Development Ensure that the applicant / developer understands the requirements for the design, construction and taking in-charge of new development. Objective DMSO218 – Prevention of Ransom Strips Prevent the creation of ransom strips. Objective DMSO219 – Records of New Development Ensure that all records of new development are submitted to the Council in an agreed format which can be satisfactorily managed. 14.20.8 Rain Water Harvesting The Council promotes the implementation of rainwater harvesting measures in developments as part of the development of an overall SuDS strategy. The Council also promotes the use of water butts in residential development as part of the overall SuDS strategy. Where a development proposal includes rain water harvesting, liaison should take place with the relevant stakeholders, to ensure the implementation of BS8515-2009 (Rain and Grey Water Harvesting), subject to class of use (SI 600 2001) and the economic viability for the end user. Objective DMSO220 – Rainwater Harvesting Systems Require the consideration of rainwater harvesting systems in new commercial developments and the use of water butts in residential developments. Objective DMSO221 – Rainwater Harvesting Ensure residential new builds include the provision of infrastructure for the harvesting of rainwater where it is feasible and cost-effective.
- DEVElOPMENT MANAGEMENT STANDARDS 647FINGAL DEVELOPMENT PLAN 2023-2029 14.20.9 Information and Communications Technology The Council recognises the importance of the need for high quality communications and information technology networks in assuring the competitiveness of the County’s economy and its role in supporting regional and national development. The advantages of a high-quality ICT infrastructure must however be balanced against the need to safeguard the rural and urban environment. The following objectives are of particular relevance: Objective DMSO222 – Co-Location of Antennae Require the co-location of antennae on existing support structures and where this is not feasible require documentary evidence as to the non-availability of this option in proposals for new structures. Objective DMSO223 – Location of Telecommunications Based Services Encourage the location of telecommunications-based services at appropriate locations within the County, subject to environmental considerations and avoid the location of structures in fragile landscapes, in nature conservation areas, in highly sensitive landscapes and where views are to be preserved. Objective DMSO224 – Applications for Telecommunications Structures Require the following information with respect to telecommunications structures at application stage: ¨ Demonstrate compliance with Telecommunications Antennae and Support Structures – Guidelines for Planning Authorities issued by the Department of the Environment 1996 and Circular Letter PL 07/12 issued by the Department of the Environment and Local Government (as may be amended), and to other publications and material as may be relevant in the circumstances. ¨ Demonstrate the significance of the proposed development as part of a national telecommunications network. ¨ Indicate on a map, the location of all existing telecommunications structures within a 2 km radius of the proposed site, stating reasons why (if not proposed) it is not feasible to share existing facilities having regard to the Code of Practice on Sharing of Radio Sites issued by the Commission for Communications Regulations. ¨ The degree to which the proposal will impact on the amenities of occupiers of nearby properties, or the amenities of the area (e.g. visual impacts of masts and associated equipment cabinets, security fencing treatment etc.) and the potential for mitigating visual impacts including low and mid-level landscape screening, tree-type masts being provided where appropriate, colouring or painting of masts and antennae, and considered access arrangements. ¨ Ensure that when such licences are sought nearby property owners and occupiers are made aware of the application prior to Fingal County Council or An Bord Pleanála agreeing the licence. Objective DMSO225 – Open Access Connectivity Arrangements All new developments will be required to provide for open access connectivity arrangements directly to individual premises to enable service provider competition and consumer choice.
- DEVElOPMENT MANAGEMENT STANDARDS 648FINGAL DEVELOPMENT PLAN 2023-2029 Objective DMSO226 – Removal of Masts and Antennae All operators shall remove masts and associated antennae when no longer required. 14.20.10 Section 254 Licences A Section 254 licence is required from Fingal County Council to place on, under, over or along a public road for the following items or equipment: ¨ a vending machine, ¨ a town or landscape map for indicating directions or places, ¨ a hoarding, fence or scaffold, ¨ an advertisement structure, ¨ a cable, wire or pipeline, overground electronic communications infrastructure and any associated physical infrastructure, ¨ a telephone kiosk or pedestal, or ¨ any other appliance, apparatus or structure, which may be prescribed as requiring a licence under this section, on, under, over or along a public road save in accordance with a licence granted by a Planning Authority under this section. The Planning and Development Act, 2000 (as amended) states that: “In considering an application for a licence under this section a Planning Authority, or the Board on appeal, shall have regard to — a. the proper planning and sustainable development of the area, b. any relevant provisions of the Development Plan, or a Local Area Plan, c. the number and location of existing appliances, apparatuses or structures on, under, over or along the public road, and d. the convenience and safety of road users including pedestrians.” Items and equipment placed on, under, over or along a public road such as street furniture and overground telecommunications infrastructure, have the potential to significantly impact on the quality of the environment within a given area. This includes development works regulated through Section 254 licencing requirements. In assessing applications under Section 254 of the Planning and Development Act 2000, (as amended), the Planning Authority must have regard to the relevant provisions of the Development Plan, any LAP in place and must give careful consideration to the impacts on public realm and visual amenity. Applications made under the Planning and Development Act 2000, (as amended) in relation to the provision of overground telecommunications infrastructure, including planning applications and Section 254 licence applications, must take into consideration and demonstrate compliance with the Guidance on the Potential Location of Overground Telecommunications Infrastructure on Public Roads 2015.
- DEVElOPMENT MANAGEMENT STANDARDS 649FINGAL DEVELOPMENT PLAN 2023-2029 14.20.11 Overhead Cables and Utility Facilities 14.20.11.1 Utility Facilities The quality of well finished buildings and high quality landscaping schemes has often been eroded by the poor location and badly thought out design of utility facilities, such as electricity substations, especially those located to the front and side of buildings. It is recognised that utility facilities are necessary, especially for larger scale developments. However, they should be sensitively located. Objective DMSO227 – Location of New Utility Structures Locate, where possible, new utility structures such as electricity substations and telecommunication equipment cabinets, not adjacent to or forward of the front building line of buildings or on areas of open space. Objective DMSO228 – Design of New Utility Structures Require new utility structures such as electricity substations and telecommunication equipment cabinets to be of a high quality design and to be maintained to a high standard by the relevant service provider. Objective DMSO229 – Impacts on Archaeological and Architectural Heritage Ensure that proposals for large scale developments and infrastructure projects consider the impacts on the archaeological and architectural heritage and seek to avoid them. The extent, scale, density, route, services and signage for such projects should be sited at a distance from Protected Structures and Recorded Monuments, avoid affecting the special character of Architectural Conservation Areas, remain outside the boundaries of historic designed landscapes, and not interrupt specifically designed vistas. Where this is not possible the visual and physical impact must be minimised through appropriate mitigation measures such as high-quality design, that goes beyond regulatory and engineering requirements. 14.20.11.2 Overhead Lines Overhead lines and ancillary development can frequently detract from the visual amenity of both urban and rural areas. The following objectives are of particular relevance: Objective DMSO230 – Undergrounding of Cables Seek the placing underground of all electricity, telephone, utility and TV cables in urban areas. It is the intention of the Council to co-operate with other agencies as appropriate, and to use its Development Management powers in the implementation of this policy. Objective DMSO231 – Sharing of Multiple Services Require that, in all new developments, multiple services be accommodated in shared strips and that access covers be shared whenever possible.
- DEVElOPMENT MANAGEMENT STANDARDS 650FINGAL DEVELOPMENT PLAN 2023-2029 Objective DMSO232 – Applications for Overhead Cables Require applicants to submit, in the case of all large applications for overhead cables of 110kV or more: ¨ A visual presentation of the proposal in the context of the route in order to assist the Council in determining the extent of the visual impact. ¨ Details of compliance with all internationally recognized standards with regard to proximity to dwellings and other inhabited structures. Objective DMSO233 – Overhead Power Lines In determining applications proximate to overhead power lines, the Planning Authority will have regard to the clearance distances as recommended by the Electricity Supply Board (ESB) and other service providers: ¨ For development in proximity to a 10kV or a 38kV overhead line, no specific clearance is required. ¨ With regard to development adjacent to an 110kV overhead line, a clearance distance of 20 metres either side of the centre line or 23 metres around a pylon is recommended. ¨ For a 220kV overhead line, a clearance distance of 30 metres either side of the centre line or around a pylon is required. 14.20.12 Waste Management (See also Chapter 11, Infrastructure and Utilities, Section 11.6 Waste) Fingal will continue to facilitate the implementation of national legislation and national and regional waste management policy having regard to the waste hierarchy, including the Eastern Midlands Region Waste Management Plan 2015–2021 (EMRWMP) and any subsequent Plan, which informs these Development Plan policies and objectives. Under the Waste Management Acts, a Development Plan is deemed to include the objectives of the Waste Management Plan for its area. Objective DMSO234 – Provision of Public Bring Banks Ensure the provision of public bring banks in all large retail developments, unless there are existing facilities within a 1 km radius. Bring bank facilities will generally be required at appropriate locations in the following development types: ¨ In conjunction with significant new commercial developments, or extensions to existing developments. ¨ In conjunction with new waste infrastructure facilities, proposals should include bring facilities for the acceptance of non-hazardous and hazardous wastes from members of the public and small businesses. ¨ In conjunction with medium and large scale residential and mixed-use developments providing in excess of 10 residential units, proposals should provide recycling and bring bank facilities to serve residents and in some appropriate locations, the wider community. ¨ In conjunction with all large retail developments provide space for reverse vending machines to promote the circular economy.
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.