Kildare County Development Plan 2023–2029 — Chapter 15: Development Management Standards

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   Chapter 15 Development Management Standards Section Topic 15.1 Background 15.1.1 Enforcement 15.1.2 Non-Conforming Uses 15.1.3 Material Contravention 15.1.4 Development Contributions 15.1.5 Environmental Impact Assessment 15.1.6 Appropriate Assessment 15.1.7 Pre-Application Discussions 15.1.8 Bonds 15.1.9 Digitised Planning Applications and ICT 15.2 General Development Standards 15.2.1 Site Coverage and Plot Ratio 15.2.2 Overlooking / Separation Distances 15.2.3 Overshadowing 15.2.4 Soft Landscaping 15.2.5 Hard Landscaping 15.2.6 Access to Land 15.2.7 Universal Access / Design 15.3 Design Statements 15.4 Residential Development 15.4.1 Development Capacity 15.4.2 Development Phasing 15.4.3 Residential Density 15.4.4 Housing Mix 15.4.5 Design, Layout and Boundary Treatments 15.4.6 House Design 15.4.7 Apartment Developments 15.4.8 Build-to-Rent 15.4.9 Shared Accommodation / Co-Living Developments 15.4.10 Management Companies for Apartments 15.4.11 Purpose Built Student Accommodation 15.4.12 Extensions to Dwellings 15.4.13 Domestic Garage/ Store/ Home-Work Pod / Garden Room 15.4.14 Family Flat 15.4.15 Naming of Residential Developments 15.4.16 Taking in Charge of Residential Developments 15.5 Social and Community Developments 15.5.1 Social Infrastructure Audit 15.5.2 Childcare Facilities 15.5.3 Educational Facilities 15.5.4 Health Facilities & Veterinary Clinic 15.5.5 Community Buildings 15.6 Open Space 15.6.1 Active Open Spaces 15.6.2 Neighbourhood / Local Parks 15.6.3 Amenity Green Spaces 15.6.4 Natural / Semi-Natural Green Space and Green Corridors 15.6.5 Formal / Informal Play Spaces513

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   Section Topic 15.6.6 Public Open Space for Residential Development 15.6.7 Private Open Spaces – Gardens, Terraces, Balconies 15.7 Transport 15.7.1 Walking and Cycling 15.7.2 Cycle Parking 15.7.3 Public Transport 15.7.4 Road and Street Network 15.7.5 Stopping Distances and Sightlines 15.7.6 Access Requirements 15.7.7 Building Lines 15.7.8 Car Parking 15.7.9 Street Lighting and Public Utilities 15.8 Surface Water 15.9.1 Employment Uses 15.9 Employment including Extractive Industry and Agricultural Buildings 15.9.2 Industry and Warehousing Development 15.9.3 Business and Technology Parks 15.9.3.1 Individual Units in Business and Technology Parks 15.9.3.2 Energy Efficiency and Climate Change Adaptation Design Statement (Industry, Warehousing, Business Technology Parks) 15.9.4 Outdoor Smoking Areas 15.9.5 Loading and Unloading 15.9.6 Extractive Industry 15.9.7 Home-Based Economic Activity 15.9.8 Agricultural Developments 15.9.8.1 Piggeries and Intensive Poultry Units 15.10 Waste Disposal and Recovery 15.10.1 Waste Recovery / Disposal Facilities 15.10.2 Construction and Demolition Waste 15.10.3 Bring Banks and Recycling Facilities 15.11 Energy and Communications 15.11.1 Wind Energy Proposals 15.11.2 Solar Energy Proposals 15.11.3 Applications Proximate to Overhead Lines 15.11.4 Telecommunications and Supporting Infrastructure 15.12 Seveso Sites 15.13 Retail Development 15.13.1 Criteria for Assessment 15.13.2 Local Centres 15.13.3 Shopping Centres 15.13.4 Large Convenience Stores 15.13.5 Retail Warehousing 15.13.6 Motor Service Areas 15.13.7 Fast Food Outlets, Takeaways, Bookmakers, Budget Shops, Vape Shops, Charity Shops, Telephone / Mobile Shops and Amusement / Gaming Arcades 15.13.8 Hours of Operation and Control of Sales Hatches514

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   Section Topic 15.14 Shopfronts 15.14.1 Design 15.14.2 Planning Permission 15.14.3 Advertising on Shopfronts 15.14.4 Canopies 15.14.5 Roller Shutters 15.15 Advertising and Signage 15.16 Outdoor Dining 15.17 Built and Natural Heritage 15.16.1 Protected Structures 15.16.1.1 Works to a Protected Structure 15.16.1.2 Development within the Curtilage, Attendant Grounds and Setting of Protected Structures 15.16.2 Development in Architectural Conservation Areas 15.16.3 Development in Zones of Archaeological Potential 15.16.4 Natural Heritage, Green Infrastructure and Biodiversity 15.16.4.1 Riparian Corridors515

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   15.1 Background Development management is a statutory process that ensures that development takes place in an orderly and efficient manner. Specific control measures are outlined to ensure that new development is of high quality and relates to the character, scale, layout, and form of the area in question. Development will be managed by means of established and proven principles aided by guiding standards, in particular guidelines issued to the Planning Authority by the Minister regarding its functions, under Section 28 of the Planning and Development Act 2000 (as amended). There is an obligation on the Council to ensure that permissions granted under the Planning Acts are consistent with the policies and objectives set out in this Plan. This chapter focuses on the general planning standards and design criteria that will be applied by the Council to ensure that future development is in accordance with these policies and objectives. The granting of planning permission does not in itself enable development to commence. There may be other legal and procedural requirements to consider, including property title, building regulations, public health acts, fire regulations, air and water pollution legislation. 15.1.1 Enforcement To ensure the integrity of the planning system is maintained and it operates for the benefit of the whole community, the Council will take enforcement action in cases of unauthorised development, where appropriate, as resources allow, consistent with the provisions of Part VIII of the Planning and Development Act 2000 (as amended). Under planning legislation any development which is not specifically exempt development requires planning permission and development which does not have that permission is unauthorised development, as is development which has been, or is being, carried out in breach of conditions specified in a planning permission. In carrying out its enforcement functions, the Council may issue Warning Letters and/or Enforcement Notices or take injunctive proceedings pursuant to Section 160 of the Planning and Development Act 2000 (as amended). Proceedings for non-compliance with an Enforcement Notice will be taken in the District Court in most cases. However, where appropriate, injunctions will be sought in the Circuit Court or High Court. In all cases involving legal proceedings the Council will seek to recover its costs, in addition to any fines imposed by the courts. Furthermore, the Planning Authority has special control powers under current legislation pertaining to such areas as protected structures and tree preservation orders. In addition, the Planning Authority will continue the practice of granting planning permission with the inclusion of conditions requiring levies and / or bonds, where appropriate, to be paid to ensure compliance with the conditions of the permission. The provisions of Section 35 of the Act may be evoked where appropriate.516

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   15.1.2 Non-Conforming Uses Throughout the county there are uses that do not conform to the zoning objectives for that area. These are uses that: 1. Were in existence on 1st October 1964 2. Have valid permissions; or 3. Have no permission but exceeded the time limit for enforcement proceedings. Extensions to and improvement of premises referred to in categories 1 and 2 above may be permitted. This would apply where proposed development would not be seriously injurious to the amenities of the area and would not prejudice the proper planning and sustainable development of the area. 15.1.3 Material Contravention The Council has a statutory obligation to take such steps as may be necessary to secure the objectives of the County Development Plan. In appropriate circumstances the Council may permit a material contravention of the County Development Plan. The granting of a permission that materially contravenes the County Development Plan is a reserved function of the Elected Members of the Council, or the Municipal District as appropriate, exercisable following a public consultation process and consideration of a report prepared by the Chief Executive. 15.1.4 Development Contributions The Council, taking into consideration the capital expenditure necessary for the provision of public infrastructure and facilities, will require the payment of financial contributions in accordance with the Development Contributions Scheme. Developers may also be required to carry out works at their own expense to facilitate their development and these will be specified as a condition of their planning permission. 15.1.5 Environmental Impact Assessment Environmental Impact Assessment (EIA) is a key instrument of EU environmental policy. The primary purpose of the EIA Directive (Directive 2011/92 EU as amended by 2014/52/EU) is to ensure that public and private projects, which are likely to have significant effects on the environment are granted permission only after an assessment of the likely significant environmental effects of those projects have been carried out. The environmental factors against which projects should be assessed are set out in Article 3 of the Directive as: • Population and Human Health • Biodiversity • Land and Soil • Water • Air and Climate • Material Assets517

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   • Cultural Heritage and Landscape, and • The Interaction between these factors Environmental Impact Assessment is a process to be undertaken in respect of applications for specified classes of development listed in the Directive before a decision in respect of development consent is made. The process involves the preparation of an Environmental Impact Assessment Report (EIAR) by the applicant, consultations with the public, relevant prescribed bodies and any other affected Member States, and an examination and analysis of the EIAR and other relevant information leading to a reasoned conclusion by a competent authority, on the likely significant effects of the proposed development on the environment. The Planning and Development Regulations, 2001 (as amended), specify mandatory thresholds above which Environmental Impact Assessment Reports (EIARs) are required in relation to certain types and scales of development proposals. Where it appears to the Planning Authority that a development proposal that falls below the threshold set out in the Planning and Development Regulations would be likely to have a significant environmental effect1, a subthreshold/discretionary EIAR will be required by the Planning Authority. 15.1.6 Appropriate Assessment All plans or projects, including the Council’s own proposals under Part 8 of the Planning and Development Regulations 2001 (as amended), unless they are directly connected with or necessary to the management of a European (Natura 2000) site, are required to be subject to screening for Appropriate Assessment, to determine if they are likely to have a significant effect on a Natura 2000 site, either individually or in combination with other plans or projects. Full Appropriate Assessment must be carried out unless it can be established through screening that the plan or project in question will not have a significant effect on the Natura 2000 Site. Planning permission will only be granted for a development proposal that: - Either individually or in combination with existing and/or proposed plans or projects, will not have a significant effect on a European Site, OR - Where such a development proposal is likely or might have such a significant effect (either alone or in combination), the Planning Authority will, as required by law, carry out an Appropriate Assessment as per requirements of Article 6(3) of the Habitats Directive 92/43/EEC of the 21 May 1992 on the conservation of natural habitats and of wild fauna and flora, as transposed into Irish legislation. Only after having ascertained that the development proposal will not adversely affect the integrity of any European site, will the Planning Authority agree to the development and impose appropriate mitigation measures in the form of planning conditions. 1 The criteria for determining whether a development would or would not be likely to have significant effects on the environment is set out in Schedule 7 of the Planning and Development Regulations, 2001 (as amended).518

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   A development proposal which could adversely affect the integrity of a European site may only be permitted in exceptional circumstances, as provided for in Article 6(4) of the Habitats Directive as transposed into Irish legislation. 15.1.7 Pre-Application Discussions Section 247 of the Planning and Development Act, 2000 (as amended) provides a formal procedure for applicants to seek pre-planning guidance from the Planning Authority in relation to proposed developments. The Planning Authority provides preapplication consultations when requested and actively encourages such consultations prior to the lodging of a planning application. A prospective applicant shall have consulted with the Planning Authority in respect of development that comprises: - Residential development of more than 10 housing units - Non-residential development of more than 1,000 sq. meters gross floor space. - Other development as may be prescribed in legislation. The Council will encourage and actively facilitate pre-planning discussions through individual meetings / planning clinics / emails / phone calls / remote meetings as deemed appropriate. The carrying out of consultations shall not prejudice the performance by the Council of any other of its functions under the Planning and Development Act 2000 (as amended), or any regulations made under the Act, and cannot be relied upon in the formal planning process or in legal proceedings. 15.1.8 Bonds To ensure the satisfactory completion of development works, such as roads, surface water drainage, public lighting, landscaping and open space, including the protection of trees / hedgerows, on a site subject of a grant of permission, a bond or cash lodgement may be required until the development is deemed to have been satisfactorily completed. The bond or cash lodgement may be sequestered in part or in its entirety at the discretion of the Planning Authority where the development has not been satisfactorily completed to the exacting standards of the local authority, or until the development is taken in charge by the local authority. The amount of such bond or cash lodgement will be determined by the local authority. In determining the method of security, previous records of applicants’ compliance and construction standards will be considered. This bond or security must be adequate to secure the completion of the development and must be in place before development is commenced. 15.1.9 Digitised Planning Applications and ICT The Council will require all applications over three housing units and all commercial developments to provide site drawings to fit into National Grid Co- ordinates to comply with the requirements for Geographical Information Systems (GIS) mapping and inventory. It is envisaged that the Department of Housing, Local Government and Heritage will bring forward regulations and guidelines to permit the lodging of planning applications electronically.519

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   15.2 General Development Standards 15.2.1 Site Coverage and Plot Ratio Traditionally, site coverage and plot ratio were used as tools to measure and control the extent of development. Site coverage relates to the percentage of the development site covered by buildings and structures (excluding the public roads and footpaths) and is calculated using the formula below: Plot ratio refers to the relationship between the extent of development proposed as a quotient of the total site area and is calculated using the formula below: Appropriate site coverage and plot ratio will now be considered on a qualitative basis, rather than quantitative, having regard to the quality of design, response to site context (including sensitivity to Architectural Conservation Areas where applicable) and potential impacts on the surrounding environment. Higher levels of development may be permissible in certain limited circumstances such as: - Locations adjacent to public transport corridors - Locations identified for regeneration purposes - When an appropriate mix of uses are proposed. - Where exceptional design is achieved, meeting the requirements of Chapter 14.6 of this Plan and the Urban Design Manual – A companion document to the Guidelines for Planning Authorities on Sustainable Residential Development in Urban Areas and the Sustainable Urban Housing; Design Standards for New Apartment Guidelines (2020) where applicable. In considering applications for redevelopment of existing sites, due regard will be given to the established site coverage. 15.2.2 Overlooking / Separation Distances Traditionally a minimum distance of 22m is required between directly opposing first floor windows. However, in cases of innovative design, where overlooking into habitable rooms does not occur, this figure may be reduced, subject to the protection of adjoining residential amenities and privacy, the quality of design and adherence to the Sustainable Urban Housing: Design Standards for New Apartment Guidelines (2020) where applicable.520

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    A greater separation distance may be required for taller buildings (e.g., apartment developments and those over three storeys high). A separation distance of 35 metres will normally be required in the case of overlooking living room windows and balconies at upper floors. In some cases, subject to design orientation, and location in built up areas, reduced separation distances may be acceptable. A minimum distance of 2.3 metres shall be provided between the side walls of adjacent dwellings or dwelling blocks with each building being a minimum of 1 metre from the boundary to allow for adequate maintenance and access. In all instances where minimum separation distances are not met, the applicant shall submit a sunlight/daylight/overshadowing analysis for proposed developments. In keeping with the principle of compact development and the desire for town and village renewal, where such instances occur within established urban areas and in particular town centres, a level of flexibility may be applied by the Planning Authority. Any relaxing of standards will be assessed on a case-by-case basis and should not be viewed as a precedent for future development. Adequate separation distances will be required for buildings overlooking school playgrounds or other sensitive land uses. These will be determined at planning application stage. Innovative design solutions to avoid undue overlooking will be encouraged. 15.2.3 Overshadowing High levels of daylight and sunlight provide for good levels of amenity for residents. The internal layout of residential units should be designed to maximize use of natural daylight and sunlight. All new developments are required to have regard to the recommendations of Site Layout Planning for Daylight and Sunlight: A Guide to Good Practice (B.R.209, 2011) and British Standard (B.S.) 8206 Lighting for Buildings, Part 2, 2008: Code of Practice for Day Lighting or other updated relevant documents. Where an applicant cannot fully meet all of the requirements of the daylight provisions, this must be clearly identified and a rationale for any alternative, compensatory design solutions must be set out, which will be considered by the planning authority on a case-by-case basis. 15.2.4 Soft Landscaping Planting and landscaping should be used to incorporate new buildings into their surroundings and provide privacy between dwellings. New planting should consist of local native plant types with consideration given to providence and origin of plants indigenous to the area. The planting should be incorporated into the site to enhance overall appearance, to conserve biodiversity (Refer to Table 15.1) and to contribute to the green infrastructure of the area.521

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