Development plan · Kildare County Council
Kildare County Development Plan 2023–2029 — Chapter 3: Housing
One part of the council's development plan written statement, which the council publishes in parts. Variations adopted since are not in this text.
Kildare County Council · 2023–2029 · 48 pages
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- having regard to the viability of smaller towns and rural settlements and the provision and availability of serviced sites in these areas. Zone 2 – ‘Stronger Rural Areas’ In ‘Stronger Rural Areas’, it will be an objective of the Council to facilitate the provision of single housing in the countryside based on siting, environmental and design criteria for rural housing in statutory guidelines and plans, having regard to the viability of smaller towns and rural settlements. It is also recognised that certain parts of the county are of significant scenic value and must be protected to maintain and protect their landscape quality.72
- Ordnance Survey Ireland data reproduced under OSi Licence Number CYAL50250173 © Ordnance Survey Ireland/Government of Ireland/Kildare County Council Rural Housing Policy Zones Stage Date This drawing is to be read in conjunction with the written statement Description Rural Housing Policy Zones Zone 1 Zone 2 Legend County Development Plan 2023-2029 Scale: N.T.S. Drawn By: M O'Loughlin Date 28/01/2023 Map Ref: V1-3.1 28/01/2023 County Development Plan Date the Plan comes into effect Checked By: L Crawford Date 28/01/2023 Drawing No.: 200/22/1217Date: January 2023 County Development Plan 09/12/2022 Plan adopted by Elected Members Approved By: C O'Donnell Date 28/01/202373
- 3.13.3 Compliance with the Rural Housing Requirements Rural generated housing demand will be facilitated having regard, inter alia, to the applicant’s genuine local and housing need, together with the protection of key economic, environmental, natural and heritage assets, such as the road network, water quality, sensitive landscapes, habitats, and the built heritage. The Department of Housing, Local Government and Heritage have indicated that new Rural Housing Guidelines are being prepared to address rural housing issues and to take account of the Flemish Decree, the NPF and broader settlement context. In the interim, Kildare Development Plan must establish a policy to facilitate those who can demonstrate a genuine housing need and a social and/or economic need to live in rural County Kildare. Urban generated rural housing3 will not be considered. For the purposes of demonstrating compliance, this plan has provided a definition of ‘Economic’ and ‘Social’ need in the context of rural housing policy, as set out below; Economic: A person (or persons) who is (are) actively engaged in farming/agricultural activity on the landholding on which the proposed dwelling is to be built, meeting either of the following: (i) A farmer of the land or son, daughter, niece or nephew of the farmer who it is intended will take over the operation of the family farm. Note; A farmer (for this purposes) is defined as a landowner with a holding of >15ha which must be in the ownership of the applicant’s immediate family for a minimum of seven years preceding the date of the application for planning permission. The leasing of agricultural land to supplement lands within an applicant’s ownership for farming, may be considered for the purposes of calculating the minimum land area of 15ha. The applicant shall submit details of said lease with the relevant planning application indicating that the lease is in place for a period of 10 years or more from the date of the application. or (ii) An owner and operator of farming/horticultural/forestry/bloodstock/animal husbandry business on an area less than 15ha, who is engaged in farming activity on a daily basis, where it is demonstrated through the submission of documentary evidence that the farming/agricultural activity forms a significant part of their livelihood, including but not limited to intensive farming. Social (i) A person who has resided in a rural area for a substantial period of their lives i.e. 16 years within 5km (Zone 1) or 5km (Zone 2) of the site where they intend to build. Cluster type developments of five houses or less may be considered in rural areas on family farm holdings for applicants who are family members or adjacent to urban boundaries where 3 Urban Generated Rural Housing is, for the purposes of this CDP, housing pressure generated by proposals, or an application made for a dwelling in a rural area by persons originating and/or working in urban areas.74
- no other land is available and comply with the social or economic element of the rural housing policy, where there has not been speculative sale of sites. Applicant Category Rural Housing Need Assessment Criteria Category A - Economic Zone 1 Areas under Strong Urban Influence Zone 2 Stronger Rural Areas (i) A farmer of the land or the son/ daughter/ niece/ nephew of the farmer who it is intended will take over the operation of the family farm or (ii) An owner and operator of a farming/ horticultural/ forestry/ bloodstock/ animal husbandry business on an area less than 15ha. A farmer (for this purpose) is defined as a landowner with a holding of >15ha which must be in the ownership of the applicant’s immediate family for a minimum of seven years preceding the date of the application for planning permission. The owner/operator [as referred to in Category A (ii)] must be engaged in that farming activity on a daily basis, as their main employment. Same must be demonstrated through the submission of documentary evidence4 to include confirmation that the farming/agricultural activity forms a significant part of the applicant’s livelihood, including but not limited to intensive farming. Category B - Social Zone 1 Areas under Strong Urban Influence Zone 2 Stronger Rural Areas (i) A person who has resided in a rural area for a substantial period of their lives within an appropriate distance of the site where they intend to build on the family landholding. Applicants must have grown up and spent 16 years5 living in the rural area of Kildare and who seek to build their home in the rural area on their family landholding. Where no land is available in the family ownership, a site within 5km of the applicant’s family home may be considered. Applicants must have grown up and spent 16 years5 living in the rural area of Kildare and who seek to build their home in the rural area on their family landholding. Where no land is available in the family ownership, a site within 5km of the applicant’s family home may be considered. Table 3.4 - Schedule of Local Need Criteria in accordance with the NPF (NPO 19) 4 Documentary evidence will be required. Examples of appropriate documentary evidence include, but are not limited to, copies of original birth certificates, bank statements, utility bills and copies of official school records.75
- Note: Applications for rural one-off dwellings will be considered, subject to the policies and objectives set out in the County Development Plan. Applicants will be expected to comply with all other requirements of the plan and demonstrated that the development would not prejudice the environment and the rural character of the area. In this regard, factors such as the sensitivity of the receiving environment, the nature and extent of the existing development and the extent of development on the original landholding will be considered. Policy It is the policy of the Council to: HO P11 Facilitate, subject to all appropriate environmental assessments proposals for dwellings in the countryside outside of settlements in accordance with NPF Policy NPO 19 for new Housing in the Open Countryside in conjunction with the rural housing policy zone map (Map 3.1) and accompanying Schedule of Category of Applicant and Local Need Criteria set out in Table 3.4 and in accordance with the objectives set out below. Documentary evidence of compliance with the rural housing policy must be submitted as part of the planning application. Objectives It is an objective of the Council to: HO O43 Require applicants to demonstrate that they do not own or have not been previously granted permission for a one-off rural dwelling in Kildare. HO O44 Restrict residential development on a landholding, where there is a history of development through the speculative sale or development of sites to an unrelated third party. HO O45 Restrict occupancy of the dwelling as a place of permanent residence for a period of ten years to the applicant who complies with the relevant provisions of the local need criteria. HO O46 Recognise and promote the agricultural and landscape value of the rural area and prohibit the development of urban generated housing in the rural area. HO O47 Recognise that exceptional health circumstances, supported by relevant documentation from a registered medical specialist, may require a person to live in a particular environment. Housing in such circumstances will generally be encouraged in areas close to existing services and facilities and in Rural Settlements. All planning permissions for such housing granted in rural areas shall be subject to a ten-year occupancy condition. HO O48 Encourage the appropriate re-use and adaptation of the existing rural residential building stock as a sustainable alternative to new build.76
- HO O49 To consider favourably proposals to complete/renovate/refurbish one-off houses in rural areas which may be unfinished (for stated reasons outside the control of the original applicant) for a period in excess of 3 years, subject to an occupancy clause of 5 years where the applicant can demonstrate that they have lived and worked within 10km of the site for a period of not less than 3 years. The onus shall be on the applicant/occupant of the property (as appropriate) to satisfactorily demonstrate to the Planning Authority, full compliance with this policy. 3.13.4 Siting and Design The design of all new dwellings in rural areas should respond sensitively and appropriately to the characteristics of the receiving environment. Dwellings should be designed to be absorbed into the existing landscape features, including topography, existing field boundaries and green infrastructure. Applying good rural design principles and appropriate site selection criteria will ensure that new dwellings will integrate with the character and natural setting of the specific rural area while also delivering high quality, energy efficient homes. Further to the policies and objectives set out below, detailed guidance is provided in the Kildare Rural Housing Design Guide in Appendix 4. Policies It the policy of the Council to: HO P12 Ensure that the siting and design of any proposed dwelling shall integrate appropriately with its physical surroundings and the natural and cultural heritage of the area whilst respecting the character of the receiving environment. Proposals must comply with Appendix 4 Rural House Design Guide and Chapter 15 Development Management Standards. HO P13 Restrict further development which would exacerbate or extend an existing pattern of ribbon development, defined as 5 or more houses along 250 metres on one side of any road. HO P14 The Council will seek to resist further development which would serve to extend ribbon development, save in circumstances where a “gap site” is evident within the existing ribbon pattern, where one individual dwelling is proposed. Such proposals will be considered, regardless of the density of the area, only in the following circumstances: (i) The applicant can demonstrate an Economic or a Social Need (as outlined in Table 3.4), (ii) existing or shared accesses are used where practicable, and it is demonstrated (through the submission of documentary evidence) that no alternative site exists outside of the ribbon where the development is proposed. (iii) a ‘Gap Site’ is defined as a site located within a line of existing and permitted dwellings, where one dwelling only will be accommodated, and other than agricultural access to lands to the rear (if required), the site should fully occupy the gap77
- between existing and permitted dwellings. (iv) All other technical considerations are addressed. Proposals for development which would extend the ribbon will not be considered under this policy. HO P15 Preserve and protect the open character of transitional lands particularly the approach roads to towns and villages and areas immediately outside of settlement boundaries in order to prevent linear sprawl near towns, villages and settlements and to maintain a clear demarcation and distinction between urban areas and the countryside and to protect the integrity of the agricultural uses in these areas. HO P16 Consider proposals for backland development for family members only. Proposals for such development must demonstrate that the proposed development would not have a negative impact on third parties/neighbouring property owners by way of overlooking/ orientation of dwelling. Sufficient screening will be required to be provided and proposal for this shall be submitted with the planning application and must be in place prior to occupation of the dwelling. Particularly sensitive design approaches should be considered in these instances. Objectives It is an objective of the Council: HO O50 Require that new dwellings incorporate principles of sustainability and green principles in terms of design, services and amenities with careful consideration in the choice of materials, roof types (i.e. green roofs), taking advantage of solar gain/passive housing and the provision of lowcarbon and renewable energy technologies as appropriate to the scale of the development and to support microgeneration in all residential, commercial, agricultural and community development planning. Other sustainable principles could include the use of Sustainable Urban Drainage Systems (such as attenuation ponds and grass lined swales), the use of gravel or grasscrete rather than permanent paving/tarmac for driveways, landscaping and planting for biodiversity/pollinators and adequate waste segregation and storage space, as set out in Section 15.4 of Chapter 15 (Development Management standards) and the Rural House Design Guide contained in Appendix 4. HO O51 Require all applications to demonstrate the ability to provide safe vehicular access to the site without the necessity to remove extensive stretches of native hedgerow and trees All applications will be considered on a case-by-case basis, having regard to, the quality of the hedgerow, age and historical context, if an old town boundary hedgerow, species composition, site context and proposed mitigation measures.78
- HO O52 Recognise the biodiversity and ecosystem services value of established hedgerows within rural and urban settings and where hedgerow must be moved to achieve minimum sight lines, a corresponding length of hedgerow of similar species composition (native and of local provenance) shall be planted along the new boundary, while allowing occasional hedgerow trees to develop. HO O53 Retain, sensitively manage and protect features that contribute to local culture heritage and distinctiveness including; • heritage and landscape features such as post boxes, pumps, jostle stones, etc. • hedgerows and trees, • historic and archaeological features and landscapes, • water bodies, • ridges and skylines, • topographical and geological features and • important scenic views and prospects. HO O54 Protect and maintain all surface water drainage within the curtilage of the site. Where site works impact on surface water drainage effective remedial works will be instated. 3.13.5 Restoration/Refurbishment of Traditional Structures Kildare has a significant number of attractive vernacular structures within the rural area. Rather than risk the loss of the built heritage of Kildare through dereliction, the Council will promote and encourage the retention and sensitive refurbishment of vernacular buildings within the county. There are also quite a number of derelict dwellings across the rural countryside. Such structures present opportunities for restoration and/or partial or full demolition, as the case may be. Policies It is the policy of the Council to: HO P17 Promote the re-use and sensitive restoration of existing dwellings, particularly those of traditional architecture. Regard should be had to Kildare County Council’s “Reusing Farm Buildings – A Kildare Perspective”, (2006) and any other design guidelines issued during the period of the Plan. HO P18 Encourage the sensitive restoration of derelict traditional structures as an alternative to the construction of a one-off dwelling elsewhere subject to the following: − The vernacular dwelling must be capable of being suitably restored to habitable accommodation in keeping with its original character without the necessity to demolish or significantly alter it. − Documentary evidence to include a structural survey and photographs. − The distinctive character and original historic fabric of the structure is retained using appropriate traditional construction methods and materials.79
- − The applicants or proposed occupants will not be required to comply with local need criteria, identified in the Plan (Table 3.4). Normal planning, siting and design considerations will be taken into consideration. HO P19 Support and encourage the appropriate refurbishment, conversion and adaptation of existing rural building stock, such as former schoolhouses, stone outbuildings and coach houses, where feasible, as a sustainable alternative to new build. HO P20 Facilitate, where it is demonstrated by an applicant that a dwelling is no longer suitable for habitation, its replacement with a new dwelling subject to the applicant demonstrating and submitting the following with the application: I. The structure must last have been used as a dwelling and the external walls must be identifiable/visible. II. A report from a suitably qualified competent person shall be submitted to verify that the dwelling is habitable (or not) and that replacement of the dwelling is the most sustainable option. III. Documentary evidence of the most recent date of occupation. IV. Normally a condition to demolish the existing dwelling will be included in any grant of permission. V. Normal planning considerations will be taken into account in the assessment of planning applications for replacement dwellings. In cases where an applicant/occupant wishes to replace an existing habitable dwelling on the same footprint and of the same or similar floor area there will be no requirement to comply with local need criteria identified in this Plan. HO P21 Consider the presence of bat species, all of which are listed on Annex IV of the Habitats Directive in the restoration/refurbishment of traditional structures and to ensure applications relating to the restoration and reuse of vernacular structures and houses in the countryside are accompanied by a bat survey report, as required and appropriate. HO P22 Positively accept any brown field residential site, non-habitable dwelling or farm buildings irrespective of their condition, as a viable alternative to a new residential build in a rural area. Rural density figures or limits will not apply to applicants who comply with the local need criteria5. 3.13.6 Areas Bordering Adjoining Counties Where an applicant seeks permission for a one-off house on family land in County Kildare but is from a neighbouring county, the Council will consider facilitating such applicants. 5 Rural density limits set out in Objective HO O59 will not apply to applicants restoring or refurbishing existing farm structures or non-habitable dwellings who comply with the local need criteria.80
- Policy It is the policy of the Council to: HO P23 Consider, applications for one-off housing in areas bordering neighbouring counties, where the proposed site is located on family land within County Kildare, at a distance of up to 2km located in Zone 1 and up to 5km located in Zone 2, from the county boundary. Applicants will be required to demonstrate, to the satisfaction of the planning authority, that no suitable family-owned site is available in the adjoining county and that all other aspects of rural housing policy including local need, siting and design are complied with and that no significant negative environmental effects will occur as a result of the development6. The applicant shall also fully demonstrate that they are building their rural dwelling and that it will be for their permanent place of residence. 3.13.7 Providing a sustainable alternative to One Off Housing Project Ireland 2040 is clear in its intention regarding the role of rural areas in Ireland. It acknowledges that people in Ireland have a strong connection with rural areas for a number of different reasons. For some, it is the place in which they have chosen to live and work, where the land not only provides a home, but also provides an income. There are many examples of vibrant rural communities right across County Kildare, in towns, villages and the countryside as well as on our islands. There are clearly differences between types of rural areas and rural communities, including scale, accessibility, the influence of neighbouring urban centres, natural resource assets and access to infrastructure and services. The many small towns and villages in County Kildare boast a unique character in the form of their streetscapes, their built vernacular heritage and their people. The local pub, church, community centre and GAA and other local sports clubs are unique aspects of rural life, to be valued, protected, and strengthened. Over past decades, the fabric and role of rural villages has changed, with population decline and the loss of built fabric and traditional services. Re-establishing and maintaining the future viability of our villages is critical for rural Ireland and is one of the most important challenges for national and local policy makers, stakeholders, and communities. It is a priority of this development plan to establish a framework for these challenges to be addressed in a meaningful and practical way. It is therefore a priority of this plan to put the policy provisions in place to implement this objective, by providing a model for serviced sites in established communities, as a sustainable alternative to one of housing in the open countryside. It is envisaged that the establishment of a “County Kildare Serviced Sites Initiative” will attract new residents in to live in our villages and sustain the communities and economies of these areas. 6 Negative environmental effects may include, inter alia, impacts on; groundwater quality, landscape character, protected habitats and designated sites. Impacts will be site specific and therefore differ from site to site and have regard to Appendix B of the ‘SEA Guidelines for Regional Assemblies and Planning Authorities’.81
Source Kildare County Council: Kildare County Development Plan 2023–2029 — Chapter 3: Housing (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.