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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- • the DECLG guidance document ‘Towards nearly Zero Energy Buildings in Ireland - Planning for 2020 and Beyond’, which promotes the increase of near Zero Energy Buildings (nZEB). New development proposals shall show how energy efficiency is achieved through siting, layout, design and incorporate best practice in energy technologies, conservation and smart technology. The author of an Energy Efficiency and Climate Change Adaptation Design Statement should be appropriately qualified or competent and shall provide details of their qualifications and experience along with the statement. 15.9.4 Outdoor Smoking Areas Outdoor smoking in front of buildings can seriously distract from the amenities and appearance of spaces. This issue is of particular concern at public buildings and buildings with large numbers of employees. It shall be a requirement of planning permission that smoking areas are sheltered and located away from entrances and other prominent places, in order to avoid a negative impact on individuals accessing the building and/or on the appearance of the public realm. 15.9.5 Loading and Unloading In addition to the general car parking requirements, service parking spaces may be required for cars or other vehicles not necessarily involved in the operation of the business or a particular building, e.g. delivery and collection of goods. In all major developments of an industrial / commercial nature, developers will be required to provide loading and unloading facilities sufficient to meet the likely demand of such development. 15.9.6 Extractive Industry When assessing planning applications for quarry and ancillary developments, the Council will have regard to; • Section 261 and Section 261A of the Planning and Development Act, 2000 (as amended); • the Quarries and Ancillary Activities Guidelines 2004 and any amendments to the Guidelines which may be made, and • the Environmental Protection Agency’s (EPA) publication ‘Environmental Management in the Extractive Industry (non– scheduled minerals)’ 2006. In addition to the above, all planning applications for quarry and ancillary developments, such as batching plants, crushing and screening, shall appropriately detail the environmental baseline of the area in which extraction is proposed, the likely impacts and proposed mitigation measures relating to; • Human health; • Groundwater, surface water and important aquifers and compliance with the objectives of the Water Framework Directive; • Natura 2000 sites (Special Areas of Conservation and Special Protection Areas), Natural Heritage Areas, proposed Natural Heritage Areas and other sites for environmental or ecological protection such as Statutory Nature Reserves, Ramsar Sites, Wildfowl Sanctuary and Biogenetic Reserves; • Flora and fauna;562
- • Sensitive local receptors such as residences, Areas of High Amenity, Landscape Sensitivity Areas, Key Scenic Views and Prospects, and Key Amenity Routes as outlined in Chapter 13 of this Plan; • Landscaping, berms and screening proposals; • Local transportation networks with particular reference to details of haul routes, trip movements and articulated lorry weights; • Noise, vibration, and dust emissions; and • Archaeological and architectural heritage of the area. Planning applications shall also include general details on the proposed development as follows: • Project description: • Map(s) showing (a) total site area, (b) area to be excavated, (c) any ancillary proposed development, (d) nearest dwellings or any other development (within 1 km of the site); Description of aggregate to be extracted and / or processed; • Description of cumulative impact when taken together with all other quarries in the vicinity; • Method of extraction and equipment to be used; • Details of storage of materials and overburden; • Total and annual tonnage of extracted aggregates, expected life of the extraction, maximum extent and depth of working; • Details of any blasting; • Fuel and chemical storage; • Floor levels showing depths of extraction. • Phasing programme for extraction and rehabilitation; • Restoration and after care proposals for the site (plans and section drawings), including long-term quarry face stability, long-term water pollution potential and control, removal of buildings, plant and machinery, fencing and security. • Remediation plans provide for environmental benefit, biodiversity, and re-wilding rather than simply re-grassing and reverting back to agricultural use / sheep grazing. In order to facilitate the sustainable development of the extractive industry, the Council will require the lodgement of a financial bond to ensure the satisfactory reinstatement of the site following the completion of extraction and the payment of an adequate contribution towards the upgrading or repair of the local road network. Traffic Assessments and Road Safety Audits may be required as part of any application. Proposals for batching plants, crushing, and screening on exhausted quarry sites are required to provide details on the source of aggregate and also the number of expected trips from source to plant and then from plant to offsite. Note: • The Council favours the use of existing authorised and planning compliant quarries over proposals for extraction from green field sites. • The Planning Authority, may in certain instances, depending on the size and characteristics of the proposed development, require the preparation of a Natura Impact Statement, Environmental Impact Statement, and other assessments. However, it should be noted that the Council may require additional information, as necessary, on a case-by-case basis.563
- 15.9.7 Home-Based Economic Activity Home based economic activity, defined as small scale commercial activity carried out by residents of a house, being subordinate and ancillary to the use of the house as a single dwelling unit will only be granted to the resident of the dwelling and will be restricted to use by the applicant. Permission will not normally be granted for such changes of uses in apartments. Planning applications for home based economic activity shall contain (at a minimum) the following details, though the Council may require additional information, as necessary, on a case-by-case basis; • The nature and extent of the work; • The effects on the amenities of adjoining occupiers, particularly in relation to hours of work, noise and general disturbance; • Anticipated levels of traffic generated by the proposed development and the potential increased demand for parking; • Arrangements for the storage of refuse and collection of waste; • Appropriate levels of screening / landscaping; and • Whether or not the proposed development will be open to visiting members of the public. Applications may be subject to a temporary permission, in order to enable the planning authority to monitor the impact of the development. 15.9.8 Agricultural Developments The traditional form of agricultural buildings is disappearing with the onset of advanced construction methods and a wider range of materials. Some new farm buildings have the appearance of industrial buildings and, due to their scale and mass can have serious visual impacts. • In the construction and layout of agricultural buildings, the Council will require that buildings be sited as unobtrusively as possible, working with the contours of the land and that the finishes and colours used blend into the surroundings. The Council accepts the need for agricultural buildings and associated works (walls, fences, gates, entrances, yards etc.) to be functional, but they will be required to be sympathetic to their surroundings in scale, materials, and finishes. • Appropriate roof colours are dark grey, dark reddish brown or a very dark green. Where cladding is used on the exterior of farm buildings, dark colours (preferably dark green, red, or grey) with matt finishes will normally be required. • New agricultural buildings shall be located within or adjacent to existing farm buildings, unless it has been demonstrated, to the satisfaction of the Planning Authority, that the building must be located elsewhere for essential operational reasons. The grouping of agricultural buildings will be encouraged in order to reduce their overall impact in the interests of amenity; • The removal of hedges to accommodate agricultural developments shall only be permitted with the written agreement of the Planning Authority and shall only be considered as a last resort. It is important that hedgerows are retained in order to maintain and enhance existing green infrastructure networks in the interests of biodiversity. When retaining boundary hedgerows, the council requires suitably sized infill planting where possible. A landscaping plan is required as part of an application for agricultural development and should include screening and564
- shelterbelt planting, composed principally of native species as listed in section 15.2.4 Chapter 15, Development Management Standards. • Other considerations which will arise in agricultural developments will be traffic safety, pollution control, and the satisfactory treatment of effluents, smells and noise. Proper provision for disposal of liquid and solid wastes must be made. In addition, the size and form of buildings and the extent to which they can be integrated into the landscape will be factors which will govern the acceptability or otherwise of such development. • Agricultural developments shall also demonstrate that the proposal does not impact significantly upon Special Areas of Conservation (SACs), Special Protection Areas (SPAs), Natural Heritage Areas (NHAs), Areas of High Amenity, Landscape Sensitivity Areas, Key Scenic Views and Prospects and Key Amenity Routes, sites of heritage or cultural value, or areas at risk of flooding. • Proposals for preventing surface water run-off onto the public road shall be included with planning applications. 15.9.8.1 Piggeries and Intensive Poultry Units In addition to the requirements of 15.9.8, proposed piggeries and intensive poultry units shall; • Detail methods for waste management including frequency and location of disposal relative to proposed unit; • Demonstrate the availability of sufficient land for land spreading by submitting maps showing the location of all spread lands and outlining the time of spread; • Outline storage tank capacities; • Detail distance from watercourses, with a minimum distance of 30 metres in all cases; • Detail distance from houses and public buildings, with a minimum distance of 100 metres except with the consent of the owner; and • Detail distance from European designated sites and the need for Appropriate Assessment. • Include details of air pollution arising from the units and effluent storage, transportation and spreading; • Be accompanied by traffic management plans for significant developments following consultation with the Planning Authority; and • Include a statement outlining why the proposed location on the landholding was deemed more appropriate than alternative options. If the Planning Authority considers a more appropriate location is available on the landholding, the application may not receive favourable consideration. The above list is not exhaustive, and the Council may require other information including an Environmental Impact Assessment Report and/or Natura Impact Statement as applicable. 15.10 Waste Disposal and Recovery In assessing development proposals for, or including, waste recovery / disposal facilities, the Planning Authority will have regard to the provisions of the Eastern- Midlands Region Waste Management Plan 2015-2021 or any superseding document, planning legislation, the County Development Plan policies as set out in Chapter 6 and565
- other relevant planning documents. The provision of waste recovery facilities, pre-treatment infrastructure and development of indigenous secondary waste processing, including Material Recovery Facilities (MRF) and Waste Transfer Stations will be facilitated at appropriate locations within the County. Larger scale proposals for waste recovery / disposal facilities are considered by An Bord Pleanála through the Strategic Infrastructure Development (SID) process. The Planning Authority will contribute to the SID process on relevant proposals. 15.10.1 Waste Recovery / Disposal Facilities Planning applications for waste related facilities shall: • Avoid siting waste facilities in sensitive areas such as Special Areas of Conservation (SACs), Special Protection Areas (SPAs), Natural Heritage Areas (NHAs), proposed NHAs, areas protected for landscape character, visual amenity, geology, heritage or cultural value, or areas at risk of flooding. Development proposals for such infrastructure in these areas, will not be permitted. • Undertake Appropriate Assessment Screening. Development will not be permitted in the absence of screening, or a Stage 2 Appropriate Assessment if required. • Be screened for the requirements of mandatory and sub-threshold Environmental Impact Assessment. An Environmental Impact Assessment Report (EIAR) shall be submitted as required. • Include details of the nature of the operation, the type, source, and volume of waste material to be processed and its method of processing, including hours of operation and duration of permission sought for the council’s consideration. • Include a Traffic Impact Assessment (TIA) outlining details of road access, sightlines / visibility, vehicle turning manoeuvres, parking areas, pull-in areas, the number and types of vehicles which will frequent the site, the carrying loads of vehicles, and haul routes. • Ensure a Sustainable urban Drainage System (SuDS) is applied to any proposed developments, and that site-specific solutions to surface water drainage systems are developed, which meet the requirements of the EU Water Framework Directive and associated River Basin Management Plans. • Provide details of potential noise, fumes, odours, dust, grit, vibration, and lighting, including control / mitigation measures proposed. Monitoring of same, is also required. • Have regard to the impact on residential and visual amenity of the area. The Council will consider the proximity to residences and the impact on same (including through the considerations of traffic, emissions etc. outlined above). • Provide for adequate screening of the proposed development through the submission of detailed landscaping plans and boundary treatment proposals. • Submit sufficient detail in relation to restoration and remediation measures following cessation of the proposed development, including a timeframe for implementation, and anticipated finished landform. A bond will be required to ensure the appropriate restoration works are undertaken.566
- 15.10.2 Construction and Demolition Waste Construction & Demolition waste management is now a priority objective under the new National Waste Management Plan for a Circular Economy. Detailed waste management plans will be required to be produced and delivered on for all new development regardless of their size in accordance with the latest EPA Guidelines, where the emphasis will be on waste minimisation and reuse, followed by sustainable and environmentally friendly disposal to suitably licensed facilities. 15.10.3 Bring Banks and Recycling Facilities Provision of “Bring Bank” facilities shall be required in conjunction with significant new commercial / retail developments (particularly convenience supermarkets) or extensions to same, and in conjunction with large scale residential and mixed- use developments. The Council shall move towards ensuring that bring bank facilities are accessible to as many members of the public as possible. Bring bank facilities shall include receptacles for glass, cans, and textiles and, where practicable, receptacles for paper, cardboard, plastics, batteries, light bulbs, and certain waste oils. In the case of large retail developments, space shall also be provided for reverse vending machines to promote the circular economy. Each application including bring bank and recycling facilities will be assessed on its own merits having regard to the following: • Proximity to residential areas. • The provision of an area of at least 10m by 4m. • Accessibility for public, truck access and clearance heights. • A hard standing area and safe pedestrian walkway. • A vehicle set down area only with no permanent parking provision. • Suitable lighting and CCTV monitoring; and • Noise mitigation, screening and/or landscaping as considered necessary by the Council. 15.11 Energy and Communications 15.11.1 Wind Energy Proposals When assessing planning applications for wind energy developments the Council will have regard to the Kildare Wind Energy Strategy contained in Appendix 2 of the Development Plan. The Strategy designates areas across the county where wind energy developments are acceptable in principle, open for consideration and not normally permissible. These designated areas indicate where wind energy is favoured spatially by the council over this Development Plan period. All wind energy developments require compliance with the provisions of the Department of the Environment, Heritage and Local Government’s Draft Revised Wind Energy Development Guidelines (2019). Applications shall be supported by both technical and environmental reports which assess a wide variety of considerations which are outlined in detail in Section 6 of the Wind Energy Strategy.567
- The Council may also require an Environmental Impact Assessment Report to be submitted as part of any planning application for large scale commercial wind turbine schemes. It is the preference of the Planning Authority that the spacing between turbines should be kept to a minimum in order to reduce the visual impact and footprint of the development on the landscape, and where possible the distance between turbines should not be greater than the distance between a dwelling house and a turbine, subject to technical considerations and site conditions. 15.11.2 Solar Energy Proposals All applications for proposed solar farm developments shall have due regard to the considerations listed in Section 7.6 ‘Solar Energy’ in Chapter 7. 15.11.3 Applications Proximate to Overhead Lines In relation to development proposals proximate (within 23 metres) to overhead electrical infrastructure, developers / applicants should contact ESB in advance of completing or finalising designs etc. (i.e. prior to pre-planning stage), so as to ensure that the relevant clearances are maintained from any overhead electricity infrastructure. The Council will have regard to those clearances. 15.11.4 Telecommunications and Supporting Infrastructure Proposals for telecommunications antennae and support structures will be assessed in accordance with the Telecommunications Antennae and Support Structures – Guidelines for Planning Authorities, DELG, (1996), as revised by Circular Letter PL 07 / 12, and any other publications and material as may be relevant in the circumstances. Planning applications for new facilities should include: • Details of the significance of the proposed development to the telecommunications network, including a map of the area and existing coverage in the area. • A technical explanation of the reasons why coverage cannot be provided by existing antennae. • Site sharing and clustering of equipment will be encouraged. • Written evidence of site-specific consultations with other operators with regard to the sharing of sites and support structures. The applicants must satisfy the Council that a reasonable effort has been made to share installations. In situations where it is not possible to share a support structure, the applicants will be encouraged to share a site or to locate adjacently so that masts and antennae may be clustered. A map showing the location of all existing structures within a minimum 2km radius of the proposed site shall be submitted. • Evidence of consideration of alternative sites and explanation of their unsuitability. • Visual impact assessment and mitigation measures (e.g., low and mid-level landscape screening, use of tree-type masts, colour treatment of masts / antennae).568
- When evaluating planning applications for the provision of such infrastructural installations, the Council will seek to ensure that: • The preservation of residential and visual amenity is considered. • The telecommunications infrastructure is sited so as not to cause a negative impact on the special character and appearance of designated conservation areas, protected structures and sites of archaeological importance. • The location of commercial masts on State buildings will be discouraged. All masts on State buildings shall have regard to national and Council policies regarding schools and residential areas. • Only as a last resort will masts be permitted within or in the immediate surrounds of smaller towns or villages, in a residential area or near a school, hospital or residential care home. If such a location should become necessary, sites already developed for utilities should be considered and masts and antennae should be designed and adapted for the specific locations. The support structure should be kept to the minimum height consistent with effective operation. At such locations the support structure should be monopole or poles rather than a latticed tripod or square structure. • In the vicinity of larger towns, to encourage operators to locate in industrial estates or on industrially zoned land. The use of existing structures is always preferable to the construction of an independent antennae support structure. The possibilities offered by some commercial or retail areas should be explored in terms of potential locations for “disguised” masts. Tall buildings and rooftops, where antennae can be treated to blend in with surroundings, should be considered. • In rural areas, the visual absorption opportunities provided by existing topography and vegetation should be taken into account. The possibility of placing towers and masts in forestry plantations should be considered, provided of course that the antennae are clear of obstructions. Where masts are located outside of forested areas, applicants will be required to indicate the technical reasons why forest areas are unsuitable. The design and visual appearance of masts, antennae and satellite dishes and their associated equipment, shall be as unobtrusive as possible. Sensitive design, painting of masts and screening will be expected to minimise visual impact. Green or black is a preferred colour at ground level. • Within the life of a planning permission, opportunities to modify and improve existing structures shall be taken into consideration. In the event of obsolescence, the antennae and their support structure shall be demolished / removed, and the site reinstated at the operator’s expense. This will be a condition of planning permission. • In accordance with the Habitats Directive, any project not directly connected with or necessary to the management of a Natura 2000 site but likely to have a significant effect thereon, either individually or in combination with other plans or projects, shall be subject to appropriate assessment of its implications for the site in view of the sites’ conservation objectives.569
- 15.12 Seveso Sites Planning authorities are required to have regard to the potential effects of relevant development in terms of the risks or consequences of a major accident for public health and safety. Planning applications pertaining to or in proximity to Seveso sites are referred to the Health and Safety Authority (HSA) for their input. In assessing proposals, the Planning Authority will have regard to the technical advice of the HSA in relation to proposed development and proposed land use(s). The Planning Authority will consider the need to maintain an appropriate safe distance of such establishments from residential areas, areas of public use, and areas of particular natural sensitivity, and will also consider the need to minimise risk to strategic infrastructure. For some types of development, particularly those involving large numbers of people and vulnerable occupants, the Planning Authority will consider the societal risk, i.e. the risk of large numbers of people being affected in a single accident. Developers of Seveso sites and any sites within the consultation distances of these industries (See Section 4.14) are encouraged to consult with the HSA at the preplanning stage to assess the impacts of their proposals. 15.13 Retail Development 15.13.1 Criteria for Assessment Applications for significant retail development as outlined in Chapter 8 will be assessed in accordance with the following criteria: (i) The need to support the long-term strategy for town and village centres in the County Retail Hierarchy, as established in this Plan; (ii) The potential of the development to increase employment opportunities and promote sustainable economic regeneration in both urban and rural centres across all levels of the County Settlement and Retail Hierarchies; (iii) The potential of the development to increase the competition of the county regionally, nationally and internationally, as appropriate, and thereby attract further consumers/shoppers to the county and its towns and villages; (iv) Whether the development would respond to consumer demand in its retail offering and not diminish the range of activities that all centres across the County Retail Hierarchy can support and sustain; (v) Whether the development would cause an adverse impact on one or more centres in the County Retail Hierarchy, (either singly or cumulatively with recent developments or outstanding permissions which have a realistic prospect of implementation) sufficient to undermine the quality of the centre(s) or its wider function in the promotion and encouragement of the arts, culture, leisure and public realm functions, all of which are critical to the economic and social life of communities in the county; (vi) Whether the development would cause an increase in the number of vacant properties within the designated Core Retail Areas of towns at the higher levels of the County Retail Hierarchy but also generally in respect of the smaller, more rural centres in the county;570
- (vii) Whether the development would ensure a high standard of access by public transport, foot, and private car so that the proposal is easily accessible by all sections of society. Specifically, details of proposed Mobility Management Measures should be provided which outline how the proposed development could improve the accessibility of retail areas while aiming to contribute to the development of pedestrian and cyclist friendly centres and vibrant street and village life. This criterion is, on the whole, directed at applications in the county’s main retail centres in recognition of the fact that communities in centres and areas in the more rural parts of the county are highly reliant on the private car, given both the lack of public transport and the distances involved; and (viii) Whether the development would link effectively with the town / village centre in which the development is proposed so that there is likely to be commercial synergy. In addition, the Council will seek that applications for new retail developments address and provide evidence in respect of the following: • The relationship of the application to any Development / Local Area Plan allocations; • An assessment of the proposal against the tests of the Sequential Approach, with specific information provided if a brownfield town or village centre site is not being promoted in the application. It should be demonstrated that all town or village centre options have been fully evaluated and that flexibility has been adopted in respect of the retail format; • Qualitative and quantitative need for the proposal must be demonstrated, and it must be in accordance with the centre’s role and level in the County Retail Hierarchy. In respect of quantitative need, this should be derived from the expenditure capacity within the relevant catchment area, which should be appropriate to the nature and quantum of the retail floorspace proposed. All applications should provide details of the methodology applied and the source inputs to the capacity assessment; • The baseline information and capacity / impact assessment must be fit for purpose and transparent. Guidance on what the Council seeks in respect of this in Retail Impact Assessments / Retail Impact Statements (RIA / RIS) is provided in Annex 5 of the Retail Planning Guidelines for Planning Authorities, DECLG (2012)4 and applicants should give due consideration to this in the preparation of Retail Impact Assessments / Retail Impact Statements; • The public realm interventions proposed in respect of major applications must be aimed at improving the retail experience through high quality civic design, cleaning and, as appropriate, Business Improvement District (BID) type initiatives; • The extent to which the public realm interventions associated with new retail development in town and village centres contribute to and enhance the character of the area. Landscape features should form an integral part of the design, with a range of hard and soft landscaping features. The extent of exposed concrete should be minimised; and 4 P66 of the Retail Planning Guidelines for Planning Authorities, DECLG (2012)571
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.