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

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   15.16 Outdoor Dining • The siting of outdoor dining and associated structures on a public footpath is subject to a licence in accordance with Section 254 of the Planning and Development Act 2000 (as amended). Planning permission is required where the outdoor dining structures are located on private land. • Kildare County Council’s Licensing of Outdoor Dining and Seating Guidelines and Checklist Document (2021) set out the Council’s approach to effectively managing outdoor dining. All applications shall be considered having regard to these guidelines. 15.17 Built and Natural Heritage 15.17.1 Protected Structures Bats will often roost in basements or attics of old buildings and could potentially be disturbed during works to protected structures. Bats are protected under the Wildlife Acts 1976 to 2012. It is an offence to intentionally disturb, injure or kill a bat or disturb its resting place and any work on a roost must be carried out with the advice of the National Parks and Wildlife Service. Bats are also protected under the EU Habitats Directive (92/43/EEC), Annex IV. It is important that expert advice is sought in determining the presence of bat species in older buildings to address the requirement of derogation licence that will be required if bats are found to be present. 15.17.1.1 Works to a Protected Structure • Works that would materially affect the character of a Protected Structure require planning permission. Owners and occupiers proposing to carry out any works to a Protected Structure can seek a Section 57 Declaration from the Planning Authority under the provisions of Section 57 of the Planning and Development Act, 2000 (as amended). A Section 57 declaration sets out the type of works which would or would not materially affect the character of the structure or any element of the structure which contributes to its special interest and that do not require planning permission. • All development proposals potentially impacting on Protected Structures shall have regard to Section 11.15 of this Plan and the guidelines of the Department of Arts, Heritage and the Gaeltacht (DAHG) Architectural Heritage Protection Guidelines for Planning Authorities (2011). • International guidance on the protection of places of cultural heritage significance is provided by ICOMOS (International Council on Monuments and Sites). ICOMOS Charters set a standard of practice for those who provide advice, make decisions about, or undertake works to places of cultural significance, including owners, managers, and custodians. The ICOMOS Burra Charter 2013, also provides guidance on new works and changes to places of cultural significance, all guidance herein has regard to this charter. • An Architectural Heritage Impact Assessment Report, as described in Appendix B of the Architectural Heritage Protection Guidelines for Planning Authorities (DAHG, 2011) and Section 11.15 of this Plan shall accompany planning applications for works to protected structures. This report shall:582

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   o Outline the significance of the building. o Include a detailed survey of the building, identifying all surviving original/early features including a photographic survey. o Detail the proposed works it is intended to carry out, including the detail of proposed works clearly identified on accompanying survey drawings by way of colour coding and/or annotated notes to distinguish clearly between the existing structure and the proposed work. o Contain a full assessment on the materials and method proposed to carry out these works, their impact on the character of the structure and the reversibility of the proposed works. o The details required to be submitted will be dependent on the significance of the building and the nature of works proposed. All works to protected structures shall be carried out in accordance with best conservation practice. • The AHIA report should be prepared by an accredited conservation architect or equivalent (a list of suitably qualified professionals is available on the Irish Georgian Society and RIAI websites). 15.17.1.2 Development Within the Curtilage, Attendant Grounds and Setting of Protected Structures • All planning applications for development in proximity to a Protected Structure must be accompanied by a design statement, with supporting illustrative material, demonstrating how it has been developed having regard to the built heritage, topography, and landscape character of the site. • An accredited conservation architect or equivalent should be engaged at the outset of the design process to assist in determining the appropriate siting and design of the development in order to minimise the impact on the Protected Structure. It may be of benefit to discuss specific requirements, at pre-planning stage. • In considering applications for development within the curtilage and/or attendant grounds of a protected structure, the Council shall have regard to the following: o The various elements of the structure which give the protected structure its special character and how these would be impacted on by the proposed development. o The proximity of any new development to the main protected structure and any other buildings of heritage value. o The design of the new development that should relate to and complement the special character of the protected structure. • High quality design will be a foremost consideration, with particular emphasis on siting, building lines, proportions, scale, massing, height, roof treatment and materials. This does not preclude innovative contemporary buildings. High quality contemporary interventions will be encouraged over historic pastiche. • Development proposals should include appraisal of the wider context of the site and structure including its demesne landscape, where applicable.583

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   15.17.2 Development in Architectural Conservation Areas • Planning applications for developments in Architectural Conservation Areas (ACAs) should have regard to the provisions of Section 11.18 of this Plan. • The Council will require planning applications for developments in or immediately contiguous to an ACA to be accompanied by an Architectural Heritage Impact Assessment Report as described in Appendix B of the Architectural Heritage Protection Guidelines for Planning Authorities (DAHG, 2011) in order to assess the impact of the development on the ACA. • The Council will normally only permit development proposals for new buildings, alterations, extensions and changes of use where the proposal is sympathetic to the special character of the ACA and where the design is appropriate in terms of scale, height, density, layout, materials and finishes having regard to the advice contained within each ACA document. • In an ACA the Council will have regard to the following: o The effect of the proposed development on buildings and the surrounding environment, both natural and man-made. o The impact of development on the immediate streetscape in terms of design, scale, height, plot, width, roof treatment, materials, landscaping, mix and intensity of use proposed. o New alterations and extensions should complement existing buildings / structures in terms of design, external finishes, colour, texture, windows / doors / roof / chimney / design and other details. o In dealing with advertisements in Architectural Conservation Areas, the overriding consideration will be the enhancement and protection of the essential visual qualities of the area. 15.17.3 Development in Zones of Archaeological Potential • Developments within zones of archaeological potential should have regard to the provisions as set out in Chapter 11 of this Plan and the requirements of the Framework and Principles for the Protection of Archaeological Heritage, DAHG (1999). • All development proposals that may (due to their location, size, or nature) have implications for archaeological heritage should be accompanied by an Archaeological Impact Assessment and Method Statement prepared by a suitably qualified archaeologist. • All development proposals for industrial buildings and sites of industrial archaeological importance should be accompanied by an Industrial Archaeology Assessment of the surrounding environment. • A Conservation Plan may be required for development in the vicinity of a site or monument, to ensure the ongoing protection of the monument and its setting. • A Visual Impact Assessment may be required for development proposals in the vicinity of upstanding remains. • When considering development proposals within Zones of Archaeological Potential and on, or in close proximity to, sites of known archaeological significance, the Council will have regard to the provisions of Section 12 of the National Monuments (Amendment) Act, 1994 (as amended).584

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   • The Council will also have regard to the observations and recommendations of the National Monuments Service, Department of Housing, Local Government and Heritage and other interested bodies. 15.17.4 Natural Heritage, Green Infrastructure and Biodiversity • The overall policies and objectives relating to natural heritage are set out in Chapter 12 of this Plan and all planning applications will be assessed having regard to same. • Any proposals impacting on a known site, or likely, to be a breeding or resting site of species listed in Habitats Regulations will require a derogation license, as per Article 16 of the Habitats Directive issued by the National Parks and Wildlife Service (NPWS), which is part of the Heritage Division of the Department of Arts, Heritage, Regional, Rural and Gaeltacht Affairs. • Developers/Applicants should be advised of this possibility at pre-planning stage and are advised to consult with the National Parks and Wildlife Service (NPWS), Licensing and Development Applications Unit, prior to making a planning application. It is preferable for a derogation license to have been applied for and/or obtained prior to submission of any planning application. • In order to comply with European and National legislation on nature conservation, and to ensure that areas of biodiversity value are adequately protected, an Ecological Impact Assessment will be required, as well as the provision of mitigation measures to address the proposals that have the potential to impact on environmentally sensitive sites. • An Appropriate Assessment should accompany development proposals relating to any plan or project not directly connected with or necessary to the management of a Natura 2000 site to determine the likelihood of the plan or project having a significant effect on a Natura 2000 site, either individually or in combination with other plans or projects and to ensure that projects which may give rise to significant cumulative, direct, indirect or secondary impacts on Natura 2000 sites will not be permitted (either individually or in combination with other plans or projects) unless for reasons of overriding public interest. • Such an Appropriate Assessment should be carried out by a person with ecological expertise and should be in accordance with Article 6(3) and Article 6(4) of the Habitats Directive and the ‘Guidance for Local Authorities Appropriate Assessment of Plans and Projects in Ireland’ (DEHLG) (2009). • All development proposals will be required to address the presence or absence of invasive alien species and where such species exist to submit an Invasive Species Management Plan, in order to comply with the provisions of the European Communities (Birds and Natural Habitats) Regulations 2011-2015.585

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   15.17.4.1 Riparian Corridors • The riparian corridors of the county include rivers, streams and other watercourses and are important green infrastructure and biodiversity links. • Development within or affecting riparian corridors will have regard to the provisions of Section 12.10.1 of this Plan, the ‘Requirements for the Protection of Fisheries Habitat during Construction and Development Works at River Sites’ (IFI, 2004) and the ‘Planning for Watercourses in the Urban Environment’ (IFI, 2020). • All development proposals that are within or may affect riparian corridors should be accompanied by an Ecological Impact Assessment, including bat and otter surveys. • Expert advice should be sought from a suitably qualified bat expert, in developing lighting proposals along river and stream corridors. • The Council will also have regard to the observations and recommendations of Inland Fisheries Ireland (IFI) in relation to any development (greenfield development or redevelopment of brownfield sites) that could potentially impact on the aquatic ecosystems and associated riparian habitats. • A multi-disciplinary team including an ecologist and flood risk expert shall review all riverine sites to determine the appropriate zonation and permissible uses.586

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