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 651FINGAL DEVELOPMENT PLAN 2023-2029 Objective DMSO235 – Communal Refuse Storage Provision In the case of communal refuse storage provision, the collection point for refuse should be accessible both to the external collector and to the resident and be secured against illegal dumping by non-residents. In the case of individual houses, the applicant shall clearly show within a planning application the proposed location and design of bin storage to serve each dwelling, and having regard to the number of individual bins required to serve each dwelling at the time of the application and any possible future requirements for refuse storage/collection. The following criteria will be considered in the assessment of the design and siting of waste facilities and bring facilities: ¨ The location and design of any refuse storage or recycling facility should ensure that it is easily accessible both for residents and/or public and for bin collection, be insect and vermin proofed, will not present an odour problem, and will not significantly detract from the residential amenities of adjacent property or future occupants. ¨ Provision for the storage and collection of waste materials shall be in accordance with the guidelines for waste storage facilities in the relevant Regional Waste Management Plan and the design considerations contained in Section 4.8 and 4.9 of the Sustainable Urban Housing: Design Standards for New Apartments Guidelines for Planning Authorities, DHLGH 2020. ¨ Refuse storage for houses should be externally located, concealed / covered and adequate to cater for the size and number of bins normally allocated to a household. For terraced houses, the most appropriate area for bins to be stored is to the front of the house, which should be located in well-designed enclosures that do not to detract from visual amenity. ¨ All applications shall clearly identify the waste storage and collection points and detail the anticipated waste collection schedule having regard to the impact on road users both within the development and the surrounding area. ¨ Access to private waste storage in residential schemes should be restricted to residents only. Objective DMSO236 – Segregation and Collection of Waste Ensure all new large-scale residential and mixed-use developments include appropriate facilities for source segregation and collection of waste. Objective DMSO237 – Distance from Front Door to Communal Bin Area Ensure all new residential schemes include appropriate design measures for refuse storage areas, details of which should be clearly shown at pre-planning and planning application stage. Ensure refuse storage areas are not situated immediately adjacent to the front door or ground floor window, unless adequate screened alcoves or other such mitigation measures are provided. Objective DMSO238 – Maximum Distance Communal Bin Area Ensure the maximum distance between the front door to a communal bin area does not exceed 50 metres.
- DEVElOPMENT MANAGEMENT STANDARDS 652FINGAL DEVELOPMENT PLAN 2023-2029 Refuse Storage In the case of communal refuse storage provision, the collection point for refuse should be accessible both to the external collector and to the resident and should be secured against illegal dumping by non-residents. In the case of individual houses, the applicant shall clearly demonstrate the proposed location and design of bin storage to serve each dwelling. Objective DMSO239 – Refuse Storage Areas Ensure all new residential schemes include appropriate design measures for refuse storage areas, details of which should be clearly shown at pre-planning and planning application stage. Ensure refuse storage areas are not situated immediately adjacent to the front door or ground floor window, unless adequate screened or other such mitigation measures are provided. Objective DMSO240 – Distance to Communal Bin Areas Ensure the maximum distance between the front door to a communal bin area does not exceed 50 metres. 14.20.13 Waste Recovery and Waste Disposal Facilities In assessing development proposals for, or including, waste recovery and waste disposal facilities, the Planning Authority will have regard to the policies, actions, targets and provisions of the Eastern-Midlands Region Waste Management Plan 2015–2021 or any superseding document, planning legislation, the Development Plan and other relevant planning documents. 14.20.14 Construction and Demolition Waste Management Plans The Construction and Demolition Waste Management Plan, as a minimum, should include provision for the management of all construction and demolition waste arising on site, and make provision for the reuse of said material and/or the recovery or disposal of this waste to authorised facilities by authorised collectors. Where appropriate, excavated material from development sites is to be reused on the subject site. Objective DMSO241 – Construction and Demolition Waste Management Plan Require that Construction and Demolition Waste Management Plans be submitted as part of any planning application for projects in excess of any of the following thresholds: ¨ New residential development of 10 units or more. ¨ New developments other than above, including institutional, educational, health and other public facilities, with an aggregate floor area in excess of 1,250 sqm. ¨ Demolition / renovation / refurbishment projects generating in excess of 100m3 in volume of C&D waste. ¨ Civil engineering projects in excess of 500m3 of waste materials used for development of works on the site.
- DEVElOPMENT MANAGEMENT STANDARDS 653FINGAL DEVELOPMENT PLAN 2023-2029 Objective DMSO242 – Guidance for Construction and Demolition Waste Management Plans Require that Construction and Demolition Waste Management Plans include the following: ¨ Hours of operation. ¨ Construction/phasing programme. ¨ Traffic Management Plan including employee parking and movements. ¨ Noise, Vibration, Air Quality and Dust Monitoring and Mitigation Measures. ¨ Details of any construction lighting including appropriate mitigation measures for lighting specifically designed to minimise impacts to biodiversity, including bats. ¨ The management of construction and demolition waste included as part of a Construction and Demolition Waste Management Plan. ¨ Containment of all construction-related fuel and oil within specially constructed bunds to ensure that fuel spillages are fully contained (such bunds shall be roofed to exclude rainwater). ¨ A water and sediment management plan, providing for means to ensure that surface water runoff is controlled such that no silt or other pollutants enter local water courses or drains. 14.20.15 Construction Noise A Construction Noise Assessment should form part of the Construction and Demolition Waste Management Plan and set out clear mitigation measures in place throughout the entire construction phase. Objective DMSO243 – Construction Noise Where development sites adjoin residential properties, the Planning Authority shall restrict the operation of equipment or machinery (to include pneumatic drills, construction vehicles, generators, etc.) on or adjacent to the site before 07.00 hours on weekdays and 09.00 hours on Saturdays, after 19.00 hours on weekdays and 13.00 hours on Saturdays and at any time on Sundays, Bank Holidays or Public Holidays. 14.20.16 Contaminated Land Due to a mixture of historic landfills and land reclamation, there are a number of locations in the County where contaminated land arises. Any contaminated land will require appropriate remediation prior to re-development, including, in some instances, removal of material from a site which may require a licence under the Waste Management Act 1996 (as amended), prior to the undertaking of such works. In all cases involving contaminated land, it is the policy of Fingal County Council to require the highest standards of remediation and where appropriate to consult with the Environmental Protection Agency and other relevant bodies to resolve the environmental pollution created by contaminated land. Decontamination activities should ensure there is no off-site migration of contaminants via runoff, soils or groundwater and the area is available for use.
- DEVElOPMENT MANAGEMENT STANDARDS 654FINGAL DEVELOPMENT PLAN 2023-2029 14.20.17 Noise See also Chapter 11 Infrastructure and Utilities, Section 11.9.2 Noise, and Chapter 8 Dublin Airport, Section 8.5.7 Ensuring Environmental Protection and Sustainability. Fingal County Council will have regard to the Dublin Agglomeration Noise Action Plan 2018– 2023 (and any subsequent Plan) when assessing planning applications. Where it is considered that a proposed development is likely to create a disturbance due to noise, a condition may be imposed by the Planning Authority on any planning permission limiting the hours of operation and level of noise generation. Operational noise should be assessed as part of the planning application to determine whether the proposed use of the development will impact on the ambient noise levels of the surrounding environment. Appropriate sound proofing and noise mitigation measure should be provided where necessary. Appropriate Noise Assessments will be required to be carried out in respect of planning applications for residential and other noise sensitive developments within the relevant noise contours presented by the Strategic Noise Maps in the Fingal Noise Action Plan (Dublin Agglomeration Environmental Noise Action Plan 2018–2023) or any other noise contour maps prepared by Fingal County Council. Noise assessments should follow the principles of good acoustic design in line with Professional Practice Guidance on Planning & Noise: New Residential Developments 2017 (ProPG)1 so that development is designed to achieve acceptable internal noise levels. Predicted internal and external noise levels should be in keeping with BSI Standards Publication BS 8233:2014 Guidance on Sound Insulation and Noise Reduction for Buildings, Table 4: Indoor Ambient Noise Levels for Dwellings while external noise should be in accordance with Section 7.7.3.2 Design Criteria for External Noise. Where there is the likelihood of an adverse noise impact planning applications should be supplemented by an Acoustic Design Statement carried out by appropriately qualified competent persons demonstrating that the general principles of good acoustic design have been followed. Objective DMSO244 – Noise Action Plan Developments for noise sensitive uses shall have regard to any future national planning guidance, or in the interim any local planning guidance developed under the Noise Action Plan. Objective DMSO245 – Noise Sensitive Uses Developments for noise sensitive uses shall have regard to the noise exposure maps contained within the Fingal Noise Action Plan 2018 – 2023 or any supplementary mapping prepared by Fingal County Council, and developers shall be required to produce a noise impact assessment and mitigation plans, where necessary, for any new noise sensitive development within these areas. Objective DMSO246 – Apartment Developments and Noise Transmission All apartment developments should be designed as to ensure noise transmission between units and from external or internal communal areas is minimised. Guidance for noise reduction in building is set out in BS 8233:2014.
- DEVElOPMENT MANAGEMENT STANDARDS 655FINGAL DEVELOPMENT PLAN 2023-2029 14.20.18 Light Pollution (See also Chapter 11 Infrastructure and Utilities, Section 11.9.3: Light) The Council recognises that adequate lighting is essential for a safe and secure environment however light spillage from excessive or poorly designed lighting is increasingly recognised as a potential nuisance to surrounding properties and a threat to wildlife. The following objectives are of particular relevance: Objective DMSO247 – Hierarchy of Light Intensities Proposals for new lighting shall ensure there is no dazzling or distraction to road users including cyclists, equestrians and pedestrians, and road and footway lighting meets Council standards. For larger tracts of land it is important to establish a hierarchy of light intensities to ensure that environmental impacts are minimised as far as possible. The establishment of such hierarchies will ensure that subtly lit and unlit areas and features are not compromised in terms of their character and visibility after dark. The success of lighting design will rely heavily on striking the right balance between light and dark over the various areas of land concerned and their immediate contexts. This approach can be taken by means of determining appropriate light intensities for such lands and in assessing planning applications or preparing plans, the designation of ‘Environmental Zones’ (as defined by the Institute of Lighting Engineers publication, Guidance Notes for the Reduction of Light Pollution published in the UK) should be considered. The designations are as follows: ZONE SURROUNDING LIGHTING ENVIRONMENT EXAMPLES E1 Natural Intrinsically Dark Natural parks E2 Rural Low District Brightness Rural, small village, relatively dark urban locations E3 Suburban Medium District Brightness Small town centres or urban locations E4 Urban High District Brightness Town/ city centres with high levels of night-time activity Development proposals that include external lighting should include details of the external lighting scheme. Objective DMSO248 – Design of Lighting Schemes Require that the design of lighting schemes minimises the incidence of light spillage or pollution into the surrounding environment. New schemes shall ensure that there is no unacceptable adverse impact on neighbouring residential or nearby properties; visual amenity and biodiversity in the surrounding areas. Objective DMSO249 – Lighting New Developments Require that the design of lighting schemes minimises the incidence of light spillage or pollution into the surrounding environment. New schemes shall ensure that there is no unacceptable adverse impact on neighbouring residential or nearby properties; visual amenity and biodiversity in the surrounding areas.
- DEVElOPMENT MANAGEMENT STANDARDS 656FINGAL DEVELOPMENT PLAN 2023-2029
- DEVElOPMENT MANAGEMENT STANDARDS 657FINGAL DEVELOPMENT PLAN 2023-2029 14.20.19 Air Quality (See also Chapter 11, Infrastructure and Utilities, Section 11.9.1: Air) In considering development proposals for planning permission, the Planning Authority shall have regard to the Local Government (Planning and Development) General Policy Directive, 1988, (as may be amended) issued by the Minister for the Environment and Local Government relating to air quality standards nationally, and to the Air Quality Management Plan for the Dublin Region and any subsequent plans that may issue, including the Dublin Local Authorities’ Dublin Region Air Quality Plan 2021 for improvement in levels of Nitrogen Dioxide. All developments during construction and operational stage shall ensure that the air quality of the surrounding area is not affected and details of the air quality controls in place throughout construction shall be identified in any construction management plan submitted. 14.20.20 Control of Major Accident Hazards Directive (Seveso Directive) (See also Chapter 11, Infrastructure and Utilities, Section 11.6.1 Control of Major Accident Hazards Directive (Seveso Directive). Table 14.27 contains the list of COMAH Establishments (SEVESO III sites) where the Health and Safety Authority must be contacted by the Planning Authority for technical advice prior to a decision being made on proposed development in the vicinity of these sites. 14.20.21 Major Accidents – Seveso Sites Contaminated land is generally considered to be lands where there are substances which could cause significant harm and endanger human health. Examples of land uses that may have caused such contamination include gas works, landfill sites etc. Any redevelopment of former industrial sites must consider potential environmental impacts arising from past activities, including contaminating construction materials such as asbestos. Applications for suitable re-development of contaminated lands will generally be encouraged, and the Council will require that a detailed investigation is carried out by developers demonstrating that appropriate mitigation strategies can be implemented before any development may take place, and any demolition waste is disposed of safely in the interest of public health and the environment. Fingal has 9 Seveso sites. These are sites subject to the Seveso III Directive (2012/18/EU) and relate to the control of major accident hazards involving dangerous substances. The Chemicals Act (Control of Major Accident Hazards involving Dangerous Substances) Regulations 2015 (S.I. No. 209 of 2015 ) (the COMAH Regulations), implements the Seveso III Directive (2012/18/EU). Fingal will continue to have regard to the provisions of the Directive and recommendations of the HSA in the assessment of all planning applications located on, or impacted by, COMAH establishments in accordance with Guidance on Technical Land-use Planning Advice: for planning authorities and operators of COMAH establishments 2021.
- DEVElOPMENT MANAGEMENT STANDARDS 658FINGAL DEVELOPMENT PLAN 2023-2029 This legislation seeks to prevent major accident hazards involving dangerous substances and chemicals and the limitation of their consequences for people and the environment through controls on: ¨ the location of new establishments, ¨ modifications to existing establishment, and ¨ development in the vicinity of an establishment which, by virtue of its type or location, is likely to increase the risk or consequences of a major accident. The Directive defines major accident hazard sites as those that store or can generate quantities of dangerous substances in excess of specified thresholds. Dangerous Substances are classified as: ¨ Toxic ¨ Flammable/explosive ¨ Dangerous for the environment The Health and Safety Authority provides advice where appropriate in respect of planning applications within a certain distance of the perimeter of these sites. Seveso Site Consultation Distances are specified in the Planning and Development Regulations, 2001 (amended) and vary depending on the nature of activity at the site. Such technical advice will be taken into account in the consideration of applications for planning permission. Table 14.27 contains the list of SEVESO / COMAH sites within the Fingal County Council area. The sites are shown on the relevant zoning maps. Fingal has a number of ‘Upper’ and ‘Lower’ Tier Establishments, including: Table 14.27: List of Seveso / COMAH Sites SEVESO / COMAH ESTABLISHMENT TIER CONSULTATION DISTANCE Barclay Chemicals Manufacturing Ltd (t/a Barclay Crop Protection) Damastown Way, Damastown Industrial Park, Mulhuddart, Dublin 15 Upper Tier 1,000 m Chemco (Ireland) Limited (t/a Chemsource Logistics) Macetown North, Damastown Industrial Estate, Dublin 15 Upper Tier 700 m Contract & General Warehousing Ltd Westpoint Business Park, Navan Rd. Mulhuddart, Dublin 15 Upper Tier 700 m Guerbet Ireland ULC Damastown, Mulhuddart, Dublin 15 Upper Tier 1,000 m Astellas Ireland Co., Ltd Damastown Road, Damastown Industrial Park, Mulhuddart, Dublin 15 Lower Tier 1,000 m Clarochem Ireland Limited Damastown, Mulhuddart, Dublin 15 Lower Tier 1,000 m Exolum Aviation Ireland Ltd (formerly CLH) Corballis Road, Dublin Airport, Dublin 2 Lower Tier 500 m Gensys Power Ltd. Huntstown Power Station, Huntstown Quarry, Dublin 11 Lower Tier 300 m SK Biotek Watery Lane, Swords, Co. Dublin. Lower Tier 1,000m (Source: www.hsa.ie (2021))
- DEVElOPMENT MANAGEMENT STANDARDS 659FINGAL DEVELOPMENT PLAN 2023-2029 Objective DMSO250 – New SEVESO Development Permit new Seveso development only in low risk locations away from vulnerable residential, retail and commercial development. Objective DMSO251 – Extensions to SEVESO Sites Prohibit new extensions to long-established Seveso sites where they are a non-conforming use and where they pose an unacceptable accident risk to the public. Objective DMSO252 – Adjacent Uses: SEVESO Sites In areas where Seveso sites exist in appropriate locations with low population densities, ensure that proposed uses in adjacent sites do not compromise the potential for expansion of the existing Seveso use and in particular the exclusion of developments with the potential to attract large numbers of the public. Objective DMSO253 – Storage of SEVESO Substances Attach to any grant of permission for new warehouses or similar industrial buildings, a condition to exclude use/storage of SEVESO substances (or require a separate planning permission for it). Objective DMSO254 – New SEVESO Sites Have regard to the advice of the Health and Safety Authority when proposals for new Seveso sites are considered and for all planning applications within the consultation distances stated in Table 14.27. Objective DMSO255 – Consequence and Risk Assessment Require developers to submit a detailed consequence and risk assessment with all Environmental Impact Statements and/or legislative licence applications for all Seveso sites. 14.21 Climate Action Chapter 5 sets out the policies and objectives for climate action in the County. Fingal County Council will encourage the use of sustainable development principles to combat climate impacts in line with the Fingal Climate Change Action Plan 2019–2024 or as amended. To mitigate against negative climatic impacts, all new developments will be required to demonstrate compliance with the climate action principles set out in Chapter 5 and as detailed below. 14.21.1 Re-use of existing Buildings Where development proposal comprises of existing buildings on the site, applicants are encouraged to reuse and repurpose the buildings for integration within the scheme, where possible. Where demolition is proposed, the applicant must submit a demolition justification report to set out the rational for the demolition having regard to the embodied carbon of existing structures as well as the additional use of resources and energy arising from new construction relative to the reuse of existing structures.
- DEVElOPMENT MANAGEMENT STANDARDS 660FINGAL DEVELOPMENT PLAN 2023-2029 Existing building materials should be incorporated and utilised in the new design proposals where feasible and a clear strategy for the reuse and disposal of the materials should be included where demolition is proposed. Objective DMSO256 – Retrofitting and Re-Use of Existing Buildings Support the retrofitting and reuse of existing buildings rather than their demolition and reconstruction where possible. 14.21.2 District Heating/Waste Heat District heating and waste heat recovery are a highly significant source of low carbon energy, and as set out in the RSES. District heating and waste heat recovery systems will be supported, as set out in Chapter 5 Climate Action. Where appropriate, planning applications should be designed to have regard to the future potential for district heating systems. Applicants are requested to submit a Climate Action and Energy Statement with certain planning applications, as set out below. The details of the heating system proposed and compatibility with a future district heating network should be specified as part of any Climate Action and Energy Statement submitted. Objective DMSO257 – Waste Heat, District Heating and Decentralised Energy Actively encourage the development of low carbon and highly efficient district heating and decentralised energy systems across the County utilising low carbon heat sources such as renewable energy and waste heat recovery and to promote the connection of new developments to district heating networks where such systems exist/can be developed in a given area. Objective DMSO258 – Supporting the Potential of District Heating in Fingal Support the potential of district heating in Fingal, all Climate Action Energy Statements submitted to the Council (see Policy CAP12) shall include an assessment of the technical, environmental and economic feasibility of district or block heating or cooling, particularly where it is based entirely, or partially on energy from renewable and waste heat sources. Objective DMSO259 – Capture and Utilisation of Waste Heat Encourage proposed and existing developments and facilities (such as data centres) to capture and utilise otherwise wasted heat, and use waste heat either on-site, or in an adjoining, and nearby sites, in compliance with all relevant Energy Efficiency Regulations. 14.21.3 Climate Action Energy Statements In order to comply with the policies set out in Section 5.5.2 Resilient Built Environment and Section 5.5.3 Energy of Chapter 5, proposals for all new developments in excess of 15 or more residential units or 1,000 sq. m. or more of commercial floor space, or as otherwise required by the Planning Authority, will be required to include a Climate Action Energy Statement.
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.