Development plan · Kildare County Council
Kildare County Development Plan 2023–2029 — Chapter 15: Development Management Standards
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 · 75 pages
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- House design open space provision shall have regard to the following requirements: Unit Type (House) Floor Area Storage Area Minimum Private Open Space One bedroom 55m2 3m2 48m2 Two bedroom 85m2 6m2 55m2 Three bedroom 100m2 9m2 60m2 Four bedroom 110m2 10m2 75m2 * Minimum private open space requirement for dwellings with four or more units. Table 15.2 - Minimum Floor space and Open Space Requirements for Houses - Apartment schemes shall deliver a minimum of 33% or 50% of units (depending on circumstances) as dual aspect, in accordance with the criteria as set out in ‘Sustainable Urban Housing; Design Standards for New Apartments’ - A minimum distance of 2.5m between semi- detached and detached housing shall generally be provided. - Site Layout Plans for all applications for multi-unit residential development should detail the bin storage, bicycle parking and e-car charging provisions. - Adequate provision shall be made for the storage and collection of waste materials. Each house shall have adequately screened storage for at least 3 number ‘wheelie’ bins. - Terraced / townhouse schemes shall include appropriate design measures for refuse bins, details of which should be clearly shown at planning application stage. Bins should not be situated immediately adjacent to the front door or ground floor window unless adequately screened alcoves or other such mitigation measures are provided. Innovative and attractive design solutions shall be required in this regard. - Terraced / townhouse schemes shall include appropriate design measures for bicycle storage, details of which should be clearly shown at planning application stage. Storage should be provided through one of the following: (a) Incorporation of a utility/store room accessed from close to the front of the house. (b) Provision of access to the rear of houses. (c) Provision of sheltered parking at a public, well lit and secure space. - Special consideration should be given to boundary treatments particularly where these adjoin existing dwellings. Situations which lead to the creation of two walls or fences with a gap in between should be avoided. In such instances, applicants shall be required to apply the most effective and appropriate boundary treatment taking into consideration the context and environmental sensitivities of the site. - High quality boundary treatments are generally required to enclose private open space. A 1.8m – 2m high wall of solid block, capped and plastered on both sides, is generally acceptable. The Council will consider alternative boundary treatments on their merits. All boundaries in such case shall be of high-quality solid construction with no gaps. Post and wire or timber post and panel fencing is not permitted.532
- - While every effort should be made to avoid rear gardens fronting on to public open space, in situations where this proves impossible, two-metre-high screen walls, suitably finished (rendered, natural stone or brick) and capped, should be provided between all areas of public space and rear gardens. Proposals for planting along the public side of the wall shall be included on a landscaping plan. An additional inner grass verge shall be provided along any footpath to facilitate this, if necessary. - In the interest of passive surveillance, where side boundary walls adjoin the public footpath, the walls shall be a maximum of 1 metre in height as far as the rear building line of the dwelling (beyond which a 2 metre wall may be provided). - Private open space should be designed so that it is usable for the proposed residents. - Utility boxes should be screened from public view particularly for terraced units. - Windows in the gable / side walls of dwellings will not be permitted where the window would closely overlook the private open space of the adjoining dwelling or where the window would not provide adequate light or aspect to a habitable room. However, windows featuring opaque glazing may be acceptable in certain instances. - In relation to storage spaces the following requirements shall be applied: o As a rule, no individual storage room within a dwelling should exceed 3.5 sq metres. o Storage should be provided off a hallway or landing to facilitate access. o Attic spaces may satisfy part of the general storage requirements but only if such spaces feature a stud floor and are accessible by a stairs or integrated attic ladder. o Hot presses, boiler or heat pump spaces do not count as storage areas. o Utility rooms may in certain circumstances contribute to overall storage requirements. o Storage should be additional to kitchen presses and bedroom furniture. o Dwellings may provide storage for bulky items outside individual units and this may satisfy part of the general storage requirement, where considered appropriate. 15.4.7 Apartment Developments An apartment can be defined as a residential unit in a multi-unit building with grouped or common access. Planning applications for apartments shall be assessed against the Sustainable Urban Housing: Design Standards for New Apartments (2020) or any subsequent guidelines and the Urban Development and Building Height Guidelines (2018). The Apartment Guidelines set out detailed parameters in the form of Specific Planning Policy Requirements (SPPRs) with respect to: • General locational considerations. • Appropriate mix within apartment schemes (SPPR 1 and SPPR 2). • Internal space standards for different apartments - all apartment floor area measurements should be internal wall-to-wall dimensions (SPPR 3). • Dual aspect ratios (SPPR 4). • Floor to ceiling heights (SPPR 5). • Lift / stair core access (SPPR 6).533
- • Private and communal amenity space. • Security considerations. • Storage spaces. • Communal facilities • Car and bicycle parking/storage; and • Adaptability. 15.4.8 Build-to-Rent Build-to-rent (BTR) housing developments are purpose-built developments for longterm rental, are managed by an individual entity and provide dedicated amenities and facilities for residents. They have a role to play in providing choice and flexibility to people where homeownership may not be a priority or transient people moving between countries for employment. All proposed BTR housing developments must comply with SPPR 7 and SPPR 8 as set out in the Sustainable Urban Housing: Design Standards for New Apartments (2020) or any subsequent guidelines. 15.4.9 Shared Accommodation / Co-Living Developments Shared accommodation/co-living developments are professionally managed rental accommodation, where individual rooms are rented within a commercial development that includes access to shared or communal facilities and amenities. In accordance with SPPR 9 there shall be a presumption against granting planning permission unless a need is identified to meet a specific demand identified in the Housing Need Demand Assessment (HNDA). The HNDA prepared as part of the Plan review did not identify a specific need for this type of residential development in Kildare. 15.4.10 Management Companies for Apartments Apartment developments are not taken in charge by the local authority and therefore a management company is required. The Multi-Unit Developments Act 2011 came into effect on 1 April 2011 and regulates the ownership and management of the common areas of appropriate multi-unit developments and provides for the setting up of owners’ management companies to manage such areas. Where required, a properly constituted management company shall be established for the purposes of maintaining public lighting, roads, parking areas, services, open spaces and public areas in apartment schemes and a condition will be attached to any grant of planning permission in this regard. 15.4.11 Purpose Built Student Accommodation The Government has indicated (September 2021) the critical need for purpose-built student accommodation (PBSA) to be available to meet the needs of students in thirdlevel education. As per PL05/2021 and PL8/2016, the Planning Authority will apply a flexible approach in respect of any planning conditions related to use/occupation of student accommodation. Purpose-built student accommodation should not be used for short-term residential accommodation indefinitely, and it should be safeguarded for use by students and other people related to higher education institutes during the academic year. The removal of student accommodation from availability for student use runs contrary to the National Student Accommodation Strategy.534
- The Council supports the provision of high-quality, professionally managed, purpose built third level student accommodation, either on campus or in accessible locations adjacent to quality public transport corridors and active travel routes in a manner which respects the residential amenities of the locality. The Council will ensure that student specific accommodation is: • Not used for residential accommodation of a permanent nature. • Safeguarded for use by students and other persons related to higher education institutes during the academic year; and • Capable of being used for legitimate occupation by other persons/groups during holiday periods, when not required for student accommodation purposes. A condition shall be attached having regard to the above to any grant of planning permission in accordance with Appendix 1 of Circular PL8/2016. Where planning permission is granted for the development of PBSA, a change of use permission will not be granted unless it has been demonstrated that there is an over-provision of student accommodation in the area. In considering a planning application for student accommodation the Council will have regard to; • The location of the site and its appropriateness in relation to accessibility to the educational facilities. • The proximity of the site to existing or planned public transport corridors and active travel routes. • The pattern and distribution of student accommodation in the locality. In this regard an overconcentration of such schemes in any one area with the exception of on-campus facilities will be resisted. • Terms of occupation (e.g., term-time for students and short let during academic holiday period) or any alternative uses outside of the academic year. The provision of documentary evidence that all occupiers will be students registered with a thirdlevel institution during the academic year will be required. • Details on how the scheme will be professionally managed including details of the on-site management team, security and monitoring, and how anti-social behaviour will be addressed. • Demonstrate how the scheme will integrate with and complement the wider local community. • Demonstrate that the design and layout would not impact on the amenities of the area. The external layout, including any necessary security arrangements, should be designed to avoid isolating developments from the surrounding community. • The standard of accommodation (bedrooms, bathrooms, communal facilities and amenities, open space). • The level and quality of on-site facilities, including storage facilities, waste management, cycle storage, leisure facilities, car parking and amenity. • The architectural quality of the design and external layout, with respect to materials, scale, height, and relationship to adjacent structures.535
- 15.4.12 Extensions to Dwellings Adapting residential units through extensions can sustainably accommodate the changing needs of occupants subject to the protection of residential and visual amenities. A well-designed extension can provide extra space, personalise and enhance the appearance of a dwelling. It would not be practical to set out a prescriptive approach to the design of extensions that would cover every situation, nor is it desirable to inhibit innovation or individuality. The following basic principles shall be applied: • The extension should be sensitive to the appearance and character of the house and the local area (urban or rural). • The extension shall have regard to the form and scale of the existing dwelling and should not adversely distort the scale or mass of the structure. • The design and scale should have regard to adjoining properties. • A flexible approach will be taken to the assessment of alternative design concepts and high-quality contemporary designs will be encouraged. A different approach may apply in the case of a Protected Structure, structures with significant heritage or within an Architectural Conservation Area. • In rural areas, the design of extensions should have regard to the Key Principles set out in Appendix 4 Rural House Design Guide. • The extension should not provide for new overlooking or loss of privacy below reasonable levels to the private area of an adjacent residence. • The cumulative impact of the existing extent of overlooking and the overlooking that would arise as a result of any proposed extension need to be considered. • The extension should not have an overbearing impact on neighbouring properties. Large extensions, particularly if higher than one storey, should be moved away from neighbouring property boundaries. • New extensions should not overshadow adjacent dwellings to the degree that there is a significant decrease in daylight or sunlight entering into the house. • An adequate area of private open space, relative to the size of the dwelling should be retained, generally not less than 25sq.m. • Where required, it will be necessary to demonstrate that the existing on-site wastewater treatment system serving the main dwelling can facilitate the additional loading from the proposed extension. Where this cannot be demonstrated, it will be necessary for the on-site wastewater treatment system to be upgraded as part of the development proposal. 15.4.13 Domestic Garage / Store / Home-Work Pod / Garden Room The development of a domestic garage/store/home-work pod /garden room for use ancillary to the enjoyment of a dwelling house will be considered subject to compliance with the following standards: • The domestic garage/store/home-work pod /garden room shall be single storey only, with a maximum gross floor area of 40m2 and a maximum ridge height of 5m. • The unit shall generally be located behind the front building line of the existing dwelling. • In urban areas, the development will be assessed on the scale of the space surrounding the dwelling and any impact on neighbouring properties.536
- • The design and external finishes of the unit shall generally be in keeping with that of the dwelling house. • The unit shall only be used for purposes ancillary to the enjoyment of the dwelling house and not for human habitation. • The Planning Authority may consider exceptions to the criteria above having regard to the need for the development and the location and characteristics of the subject site. 15.4.14 Family Flat Family flats (often known as granny flats) refer to a temporary subdivision or extension of an existing dwelling unit. They are a way of providing additional accommodation with a level of semi-independence for an immediate family member (dependent on the main occupants of the dwelling). Applications for a family flat shall have regard to the following requirements: • The applicant shall be required to demonstrate that there is a genuine need for the family flat. • An occupancy condition may be applied. • The proposed unit should be linked directly to the main dwelling by a connecting door. • Accommodation must be subsidiary to the main dwelling in scale and only in exceptional cases will more than one bedroom be permitted where a need has been demonstrated. • The design standards for house extensions shall be applied to the family flat. • Any external doors permitted (to provide access to private / shared open space or for escape from fire) shall be limited to the side or rear of the house. • Where required, it will be necessary to demonstrate that the existing on-site wastewater treatment system serving the main dwelling can facilitate the additional loading from the family flat. Where this cannot be demonstrated, it will be necessary for the on-site wastewater treatment system to be upgraded as part of the development proposal. It is normal procedure to include conditions in any grant of permission that the family flat cannot be sold, conveyed or leased separately from the main residence, and that when the need for the family flat no longer exists the dwelling must be returned to a single dwelling unit. 15.4.15 Naming of Residential Developments Placenames are an important part of our cultural heritage and placemaking. The Council actively seeks to ensure that our rich heritage is protected and enhanced through the naming of new residential developments. The naming of residential and other developments shall reflect local heritage by incorporating local placenames or names of geographical, historical or cultural significance to the site location. It is the preference of the Council to promote the use of the Irish Language in the first instance for the naming of new residential developments in the County. Names of developments shall include the use of the Irish Language, where appropriate and sensible. Developers shall have regard to the Council’s policy, Naming of New Residential Developments (2018). The Council will endeavour to review this document within two years of the making of this Plan.537
- All applications for residential development shall provide for the naming of residential developments in the following manner: • Three potential names that reflect local heritage shall be submitted as part of a planning application. • The three names shall be submitted in both Irish and in English. • There should be a brief description of the source and reason for the proposed name of the development having regard to the Council’s Naming of New Residential Developments (2018). • Avoid names already used in the county but particularly, in the local area. 15.4.16 Taking in Charge of Residential Developments The term “Taking in Charge” means that the council assumes liability and responsibility for the roads, footpaths and public areas associated with a particular estate. When a residential development is completed in accordance with all the conditions and particulars of the planning permission, the developer or the majority of homeowners may make a written request in accordance with the provisions of Section 180 of the Planning and Development Act 2000 (as amended) to have the estate taken in charge (roads and services). The Council’s policy on the taking in charge of residential developments is set out in the Taking in Charge Policy Statement (June 2008) which is currently under review and should be considered from the outset (either in its current form or as subsequently amended), from the initial pre-application stage through to the post construction phase of a development. 15.5 Social and Community Developments Any application for community facilities such as childcare, schools, health, community, and leisure facilities, including open space, sports grounds, playing pitches, and other community orientated developments, shall have regard to the following: • Overall need in terms of necessity, deficiency, and opportunity to enhance or develop local or county facilities. • Practicalities of sites in terms of site location relative to uses, impact on local amenities, desirability, and accessibility. • Conformity with the requirements of appropriate legislative guidelines. • The potential multifunctional use of community facilities, including daytime and night-time usage. 15.5.1 Social Infrastructure Audit As outlined in Chapter 10, any new residential development over 20 units or commercial developments (including office/industrial developments) over 2,000 square metres, will be required to undertake a social infrastructure audit to determine if social and community facilities in the area are sufficient to provide for the needs of the future residents. Social Infrastructure Audits (SIAs) shall include current provisions in relation to childcare, education, health, community, sporting, open space, and recreational facilities in the vicinity (e.g., within a 10-15 minute walk) of the proposed development. The audit must outline available capacity within each facility and538
- identify deficits that exist in such infrastructure, taking into consideration any extant permission for residential development in the area. Where deficits exist, the applicant shall propose measures within the development proposal to address same and / or may be required by the Planning Authority to contribute towards developing such infrastructure in the area by means of conditions to the permission through the development contribution scheme. In cases where social infrastructure deficits are not addressed, permission may be refused. It should be noted that the Planning Authority has undertaken a number of SIAs to date as part of the preparation of the Leixlip, Naas and Athy Local Area Plans and will continue to do so as part of the rollout of the Local Area Plan programme. The content of any SIAs submitted as part of planning applications can therefore be considered in the context of SIAs already undertaken, where relevant, in order to develop a comprehensive database of available social infrastructure to plan for the sustainable development of communities over the Plan period and beyond. 15.5.2 Childcare Facilities The Council will seek to facilitate the provision of high-quality childcare facilities in appropriate locations throughout the county and may require their provision in large residential, public community, commercial, and retail developments in accordance with the provisions of the DoEHLG ‘Childcare Facilities Guidelines for Planning Authorities’ (2001). The guidelines require 20 childcare spaces for every 75 dwelling units. As part of the undertaking of a Social Infrastructure Audit (as above), for developments proposed (residential and / or commercial), the onus shall be on the developer to demonstrate that there are adequate childcare facilities to cater for the proposed development. In doing so the developer must; (i) clearly outline, on a map, the location of each childcare facility relative to the proposed development, (ii) the total number of childcare spaces on offer at the subject childcare facility with a clear breakdown of the various types of childcare that are available in each identified facility and (iii) details of any remaining capacity in each facility. This information must be supported, in writing, by each of the childcare facilities identified in (i) above and must be confirmed by the Kildare County Childcare Committee. Where it is demonstrated that there are inadequate childcare facilities to cater for the proposed development, developers must incorporate a childcare facility as part of the overall development proposal, in line with the Childcare Guidelines (or any subsequent revisions to same). Any application for childcare facilities shall have regard to the following: • The need for the proposed development (consult with Kildare County Childcare Committee). • The nature of the facility e.g., full day care, sessional care, after school care. • Number and ages of children to be catered for. • Number of staff. • Intended hours of operation, • Suitability of the site for the type and size proposed.539
- • Adequate sleeping / rest facilities. • Adequate availability of indoor and outdoor play space. • The internal layout and design, should allow, where possible, for the dual usage of the proposed facility e.g., night-time community uses. • Proximity to public transport / areas of employment. • Local traffic conditions • Safe access and convenient off-street parking and / or suitable drop-off and collection points for customers and staff. • Signage should be minimized and designed into the scheme. Facilities shall be sited at or near the entrance / exit to the proposed development for ease of access, drop-off / pick-up points and must be provided in full as part of the first phase of development and occupied prior to the occupation of any residential unit within the overall development scheme Childcare facilities will also be required to be provided in large-scale employment centres with an excess of 100 employees. For new residential / commercial developments, the most suitable facility for the provision of full day care should be a purpose built, ground floor, stand-alone property with capacity for dual usage e.g., night-time community uses. Applications in existing residential areas should have regard to the likely effect on the amenities of adjoining properties, and compliance with the above criteria. Applicants are recommended to seek the advice of the Kildare County Childcare Committee, HSE, and other relevant bodies in the design of childcare facilities prior to the submission of a planning application. The omission of a crèche previously permitted within a residential development will not generally be favourably considered. 15.5.3 Educational Facilities To establish if there is available capacity in the school network to accommodate the number of students likely to be generated by proposed developments, Social Infrastructure Audits (as above) with respect to educational facilities, should: • Identify existing primary and secondary school facilities in the area, their distance from the site, and the road/cycle network, and public transport facilities available between the locations. • Include details of school capacities, existing number of students and capacity for new intake to be taken cumulatively with other permitted or planned developments that will impact the intake capacity of these schools. In general, new schools shall be developed in areas where new/additional schools are required as identified by the Department of Education and Skills and / or within existing school/education sites. The Planning Authority will encourage them in built up areas and / or clustered with other community infrastructure to enable dual usage of facilities. New schools at edge of town locations should be serviced by safe sustainable travel infrastructure. Any application for education facilities shall have540
- regard to the following: • Size of site relative to outdoor space requirements and the future needs of the school (e.g., sufficient space provided for future expansion) • Traffic and transport impact on the surrounding road network. • Good, safe accessible pedestrian and cyclist routes to and from the school from nearby residential and commercial areas. • Adequate bicycle, and bus parking facilities. • Set down areas and / or car park facilities within walking distance for drop-off / pickup. • A School Travel Plan shall be submitted with an application for any school development, requirements of which should be ascertained at pre-planning stage. • The layout and design of the school shall facilitate possible out of school hours use by other bodies / community (e.g., sports facilities / halls etc.) • Boundary treatment to be sensitive to the location and a landscape plan carried out by a suitably qualified landscape architect. Temporary classrooms will be assessed on a case-by-case basis and will generally be accepted for a period not exceeding five years and such classroom developments shall not impede traffic movements and circulation within the school premises, or significantly reduce open space. Structures shall be of a high design quality and painted / coloured to integrate with any existing school structure. Extensions to schools will generally be accepted where they will replace existing temporary classroom structures on site. School extensions should be located having regard to adjoining amenities and amenities within the school site. 15.5.4 Health Facilities & Veterinary Clinic The Planning Authority will consider applications for health care facilities on their own merits. In doing so, the Planning Authority will distinguish between small-scale medical practices involving one to two practitioners (e.g., doctor / dentist / physiotherapist) with a maximum of two employees, and larger medical practices accommodating two or more medical practitioners and staff. 15.5.4.1 Large scale and group medical practices: • Shall be in rural villages, and town centre locations. • Should not have negative impacts in terms of generating overspill of car parking, traffic hazards, or negative impacts on adjoining residential amenity. • Shall complement existing uses / buildings and have only modest signage. 15.5.4.2 Medical practices in residential areas should be: • Small-scale facilities • Additions to the existing residential use of a dwelling, and subordinate to it. • Ideally be in larger detached houses on their own grounds with suitable and convenient access for those arriving by car, foot, or public transport.541
Source Kildare County Council: Kildare County Development Plan 2023–2029 — Chapter 15: Development Management Standards (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.