Kilkenny City and County Development Plan 2021–2027

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   Table of Contents Volume 1 Kilkenny City and County Development Plan P a g e 9 13.1.1 Pre-Planning Meetings ................................................................................................ 258 13.2 Universal Design 258 13.3 Urban Design 259 13.4 Compact Growth 260 13.4.1 Density ........................................................................................................................ 260 13.5 Infill Development 261 13.6 Building Heights 263 13.7 Gated Communities 266 13.8 Bin Storage Standards 266 13.9 Separation Distance between Houses 266 13.10 Boundary Treatment of House Sites 266 13.11 Housing Developments and Noise 266 13.12 Naming of Housing Developments 267 13.13 Apartments 267 13.13.1 Apartment Development Management Requirements .......................................... 267 13.13.2 Apartment Sizes ...................................................................................................... 267 13.13.3 Private and Public Open Space ............................................................................... 268 13.13.4 Daylight and Sunlight .............................................................................................. 269 13.13.5 Storage Areas and Communal Facilities .................................................................. 270 13.13.6 Waste Storage Facilities at Apartments .................................................................. 270 13.14 Home Based Economic Activities 271 13.15 Family Flat 271 13.16 Domestic Extension 272 13.17 Off Street Parking in Residential areas 272 13.18 Subdivision of Existing Residential Units 272 13.19 Phased Residential Development 272 13.20 Open space 273 13.20.1 Private Open Space ................................................................................................. 273 13.20.2 Public Open Space Requirements ........................................................................... 273 13.20.3 Open Space in new residential development ......................................................... 274 13.20.4 Play space ................................................................................................................ 276 13.21 Scale of Development 277 13.21.1 Plot Ratio ................................................................................................................. 277 13.21.2 Site Coverage .......................................................................................................... 277 13.22 Rural Housing 277 13.22.1 Access and Sight Lines............................................................................................. 279 13.22.2 Wastewater Treatment Systems............................................................................. 279 13.23 General Standards 279 13.23.1 Standards of Construction ...................................................................................... 279 13.23.2 Rainwater Harvesting .............................................................................................. 280 13.23.3 Building Regulations................................................................................................ 280 13.23.4 Building Lines .......................................................................................................... 280 13.23.5 Telecommunications and Broadband ..................................................................... 280 13.24 Shopfronts 280 13.24.1 Fascia Signage ......................................................................................................... 281

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   Table of Contents Volume 1 Kilkenny City and County Development Plan P a g e 10 13.24.2 Security Shutters ..................................................................................................... 281 13.24.3 Canopies and Blinds ................................................................................................ 282 13.24.4 Lighting .................................................................................................................... 282 13.24.5 Signage and Advertising .......................................................................................... 282 13.24.6 Fast Food Take Away............................................................................................... 283 13.25 Seveso sites 283 13.26 Service Stations 284 13.27 Development Contributions 285 13.28 Bonds 285 13.29 Tree and Hedgerow Preservation 285 13.30 Zoning objectives (See Figure 4.3 New Ross Environs) 287 13.30.1 Agriculture............................................................................................................... 287 13.30.2 Community Facilities ............................................................................................... 288 13.30.3 General Development New Ross ............................................................................ 288 13.30.4 Industrial ................................................................................................................. 288 13.30.5 Mixed Use (New Ross Environs).............................................................................. 289 13.30.6 Amenity / Green links/Biodiversity conservation/ Open Space/Recreation .......... 289 13.30.7 Existing Residential ................................................................................................. 289 13.30.8 Residential (low density) ......................................................................................... 290 13.30.9 New Residential ...................................................................................................... 290 13.31 Non-Conforming Uses 290

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   Chapter 1 Introduction Kilkenny City and County Development Plan Volume 1 1 1 Introduction County Kilkenny is situated in the South East of Ireland. It has a land area of 2,062 sq. kilometres and a recorded population in the 2016 Census of 99,2321. The main urban centre is Kilkenny City. The next largest urban areas in the County are the Ferrybank area, adjacent to Waterford City, and the District Towns of Callan, Castlecomer, Graiguenamanagh and Thomastown. This Development Plan sets out Kilkenny County Council’s policies and objectives for the proper planning and sustainable development of the City and County from 2021 to 2027. In preparing this City and County Development Plan the County Council had regard to relevant national plans, policies and strategies which relate to the proper planning and sustainable development of the area. It also had regard to the plans of adjoining authorities. The plan provides for the mandatory objectives which are to be included in Development Plans as set out in the Planning and Development Acts2. 1.1 Legislative Framework Under the Planning and Development Acts, Kilkenny County Council is obliged to make a Development Plan every six years which comprises of a written statement and accompanying maps that give a graphic representation of the objectives contained in the Plan. Planning legislation sets out a number of mandatory and discretionary objectives to be addressed in Development Plans. In accordance with the Planning and Development Acts the Plan will come into effect four weeks from the date of its adoption. 1.2 Strategic Environmental Assessment Strategic Environmental Assessment (SEA) is the formal, systematic evaluation of the likely significant environmental effects of implementing a plan or programme before the decision is made to adopt the plan or programme. The purpose is to “provide for a high level of protection of the environment and to contribute to the integration of environmental considerations into the preparation and adoption of plans and programmes with a view to promoting sustainable development”3. In accordance with European Directive 2001/42/EC, SEA has been carried out on this Development Plan. 1.3 Appropriate Assessment Article 6(3) of European Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora (the Habitats Directive) requires competent authorities to undertake an Appropriate Assessment of any plan or 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. 1 http://census.cso.ie/sapmap/ 2 Section 10 of the Planning & Development Act 2000 as amended. 3 EU, Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment, Article 1

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   Chapter 1 Introduction Kilkenny City and County Development Plan Volume 1 2 Kilkenny County Council is the competent authority and an appropriate assessment has been carried out for this City and County Development Plan4. All plans, programmes and projects being carried out by public or private organisations and individuals need to be screened for the potential impact on Natura 2000 sites. Appropriate Assessment means an assessment, based on best scientific knowledge, of the potential impacts of a plan or project, wherever located, on the conservation objectives of any Natura 2000 site and the inclusion, where necessary, of mitigation or avoidance measures to preclude negative effects. The impacts assessed must include the indirect and cumulative impacts of the plan or project. Therefore, whether a plan or project is located within, or is at a geographically remote area from a Natura 2000 site, if significant impacts cannot be ruled out then the plan or project must be subject to an appropriate assessment. Articles 6(3) and 6(4) of the Habitats Directive and Section 177 of the Planning and Development Act 2000 (as amended), require that any plan or project with the potential to impact on the integrity of a Natura 2000 site must be screened to determine if appropriate assessment of the plan or project is required. In the event that the screening indicates that potential significant impacts cannot be ruled out then the plan or project will require an appropriate assessment. This will apply to all plans and projects whether public or private and across all sectors of development. Projects giving rise to significant cumulative, direct, indirect or secondary impacts on European sites arising from their size or scale, land take, proximity, resource requirements, emissions (disposal to land, water or air), transportation requirements, duration of construction, operation, decommissioning or from any other effects shall not be permitted on the basis of this Plan (either individually or in combination with other plans or projects)5. 4 The Department of the Environment, Community and Local Government, Appropriate Assessment of Plans and Projects in Ireland – Guidance for Planning Authorities, 2009. 5Except as provided for in Article 6(4) of the Habitats Directive, viz. There must be: a) no alternative solution available, b) imperative reasons of overriding public interest for the project to proceed; and c) Adequate compensatory measures in place.) Objective 1A To implement the provisions of Articles 6(3) and 6(4) of the EU Habitats Directive and ensure that any plan or project within the functional area of the Planning Authority is subject to appropriate assessment in accordance with the Guidance Appropriate Assessment of Plans and Projects in Ireland – Guidance for Planning Authorities, 20091 or any subsequent version, and is assessed in accordance with Article 6 of the Habitats Directive in order to avoid adverse impacts on the integrity and conservation objectives of the site.

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   Chapter 1 Introduction Kilkenny City and County Development Plan Volume 1 3 1.4 Sustainability The World Commission on Environment and Development (the Brundtland Commission) agreed the following definition of sustainable development: “Development that meets the needs of the present without compromising the ability of future generations to meet their own needs”6. In formulating this Development Plan, the Council has integrated the principles of sustainability across all of the Plan sections. 1.5 Structure of the Plan This Plan comprises two Volumes. Volume 1 consists of a written statement and accompanying maps and includes the overarching strategies, objectives and Development Management Requirements common to both the City and the County. Volume 2, Kilkenny City Strategies, consists of City-specific strategies (which apply to the area defined by the City Development Boundary), such as a Core Strategy, Retail Strategy and Heritage Strategy. In the interest of avoiding duplication and contradiction, Volume 2 should be read in conjunction with Volume 1, and cross references will appear as relevant. Where the City has particular Objectives, Development Management considerations and requirements these will be set out in Volume 2. However, if a particular policy/objective is not included in Volume 2, the relevant section of Volume 1 will be applied as appropriate. The text of the entire Plan Vol1 and Vol 2 is a statement of Council policy. Each chapter contains objectives and also has Development Management Requirements in relation to specific areas and topics. Objectives are in as far as is possible Specific, Measurable, Achievable, Relevant and Time bound (SMART). The Development Management Requirements will apply to development proposals in addition to the requirements for development set out in Volume 1, Chapter 13 and Vol 2.6 Placemaking Strategy for the City. It should be noted that each chapter is not a stand-alone chapter, but should be read in conjunction with all other chapters. In assessing any development, the overall context will be informed by all relevant sections in the entire Plan, including the Core Strategy, the housing strategy, community, economic, heritage and infrastructure considerations, underpinned by the strategic aims. Therefore, no one item takes precedence over another, but rather all plan provisions converge, founded as they are on the goal of sustainable development. 6 Report of the World Commission on Environment and Development: Our Common Future, 1987, Transmitted to the General Assembly as an Annex to document A/42/427 - Development and International Co-operation: Environment

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   Chapter 1 Introduction Kilkenny City and County Development Plan Volume 1 4 1.6 Policy Context 1.6.1 Climate Change 1.6.1.1 National Adaptation Framework, Planning for a Climate Resilient Ireland, 2018 Ireland is a signatory of the Paris Agreement7 a legally binding agreement to restrict global temperature rise, and to limit any increase, to significantly reduce the risks and impacts of climate change. Ireland's first statutory National Adaptation Framework (NAF) was published in January 2018. The NAF sets out the national strategy to reduce the vulnerability of the country to the negative effects of climate change. The NAF was developed under the Climate Action and Low Carbon Development Act 2015. In relation to the ‘Built Environment and Spatial Planning’ it states that; “It is clear that climate change considerations need to be taken into account as a matter of course in planning-related decision-making processes and that the deepening of adaptation considerations in the planning and building standards processes is considered the most appropriate way of increasing the resilience of the built environment”. Climate change is a cross cutting overarching theme across all the other chapters in the Plan and requires to be integrated into all plans and policies and operations of the Council over time. Integrating climate considerations into decision making should ensure that inappropriate forms of development in vulnerable areas are avoided and compact development in less vulnerable areas is promoted. 1.6.1.2 The Climate Action Plan 2019 This sets out an ambitious course of action over the coming years to address climate disruption. The Plan clearly recognises that Ireland must significantly step up its commitments to reduce emissions and sets out targets per sector. In relation to onshore wind energy, the Plan estimates that in 2017 the total contribution of onshore wind was 3.3 GW. To meet the required level of emissions reduction by 2030, we will need to increase electricity generated from renewable sources to at least 70%, indicatively comprised of: • at least 3.5 GW of offshore renewable energy • up to 1.5 GW of grid-scale solar energy • up to 8.2 GW total of increased onshore wind capacity 7 A legally binding global agreement on climate change was agreed in Paris on the 12th December 2015 Objective: 1B To implement Development Management Requirements for new development as set out in Volume 1 and Volume 2 of the Plan as appropriate.

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   Chapter 1 Introduction Kilkenny City and County Development Plan Volume 1 5 *The exact level of offshore wind, onshore wind, solar and other renewable technology will be determined by a new system of competitive auctions, known as the Renewable Electricity Support Scheme (RESS), where the lowest cost technology will be determined. To reach the 2030 decarbonisation ambition, for electricity, the increase in onshore wind capacity will be delivered in a competitive framework of auctions and corporate contracting with a renewed focus on community and citizen participation. Action no. 21 of the Climate Action Plan states as follows: Ensure that updated planning guidelines for onshore wind are published in 2019. The Council has had regard to the National Climate Change Adaptation Framework in framing this development plan and has already sought to introduce planning and development measures in the overall approach to adaptation to climate change, for example by ensuring that risks of flooding are identified and integrated into the planning process. The local authority recognises that a pro-active approach, in which the challenges posed by climate change are integrated into the development of policies, plans and programmes is essential. The Council have integrated and will continue to integrate both mitigation and adaptation measures into the City & County Development as required by National and Regional policies and objectives. 1.6.1.3 Climate Change Adaptation Strategy In accordance with the provisions of the Climate Action and Low Carbon Development Act 2015, Kilkenny County Council published its Climate Change Adaptation Strategy8 (CCAS) in 2019. The Kilkenny CCAS recommends actions for climate adaptation and mitigation. The CCAS includes a number of policy recommendations to ensure County Kilkenny remains resilient to climate change and those recommendations have been included in this Development Plan. 1.6.2 National Planning Framework (NPF) The NPF is the overarching planning policy for the state. It is based on the Vision of an additional 1million people living in the state by 2040. It is a framework to guide public and private investment, to create and promote opportunities and to protect and enhance the environment. The implementation of the NPF will ensure that the planning system responds successfully to the challenge of climate change through compact growth, sustainable mobility, and transitioning to a low carbon climate resilient society. This Draft Plan has embraced the 10 National Strategic Outcomes set out in the NPF 1.6.3 The National Development Plan 2018-2027 The National Development Plan sets out the investment priorities that will underpin the successful implementation of the new National Planning Framework (NPF). The National Development Plan demonstrates the Government’s commitment to meeting Ireland’s infrastructure and investment 8 Kilkenny County Council, Climate Change Adaptation Strategy 2019-2024

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   Chapter 1 Introduction Kilkenny City and County Development Plan Volume 1 6 needs over the next ten years, through a total investment estimated at €116 billion over the period. A Climate Action Fund has been established under the NDP9 to support initiatives that contribute to the achievement of Ireland’s climate and energy targets. 1.6.4 Ministerial Guidelines and Directives In accordance with Section 28 of the Planning and Development Act 2000 (as amended) a statement has been appended to this Plan which includes information which demonstrates how the Planning Authority has implemented the policies and objectives of the Minister contained in Section 28 Guidelines when preparing the Plan. Where the Planning Authority has decided not to implement certain policies or objectives of the Minister contained in the Guidelines, the statement must give the reasons why. This is contained in Appendix L. 1.6.5 Regional Spatial and Economic Strategy Southern Region (RSES) The Southern Region represents over 40% of Ireland’s total landmass and one third of the national population. With three of the country’s five cities - Cork, Limerick and Waterford and a network of large towns, the region has a strong urban structure. It remains largely a rural region with contrasting rural landscapes that range from the Atlantic seaboard to rich productive lands and river valleys. It is also divided into three sub-regional areas, called Strategic Planning Areas (SPAs) - the South-West the Mid-West, and the South-East. The South East Planning Area consists of Kilkenny along with Carlow, Tipperary10, Waterford and Wexford. The RSES Vision is to: • Nurture all our places to realise their full potential; • Protect and enhance our environment; • Successfully combat climate change; • Achieve economic prosperity and improved quality of life for all our citizens; • Accommodate expanded growth and development in suitable locations; and • Make the Southern Region one of Europe’s most creative, innovative, greenest and liveable regions. 9 National Development Plan page 77 10 Tipperary straddles both the Mid-West and the South East planning areas.

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   Chapter 1 Introduction Kilkenny City and County Development Plan Volume 1 7 Figure 1.1 Regional Context 1.6.6 Food Wise 2025 Since its launch in July 2015, Food Wise 2025 has evolved from a high-level strategy into a shared blueprint for all involved in the sector. The agri-food and fisheries sectors are Ireland’s most important indigenous industry. Food Wise 2025 sets out a vision of the industry, to help continue its course of growth, and recognising the importance of strategic foresight if emerging opportunities are to be fully realised in the decade ahead. A guiding principle that Food Wise 2025 will seek to embed at all levels of the agri-food industry is that environmental protection and economic competitiveness are equal and complementary: one will not be achieved at the expense of the other. Food Wise 2025 also recognises that the three pillars of sustainability - social, economic and environmental – are equally important and carry commensurate weight. 1.6.7 Local Economic and Community Plan The Local Economic and Community Plan 2016-2021 (LECP) is an integrated statutory plan that is reviewed and adopted by the Council every 6 years. It provides the supporting framework for the economic and community development of the County. The County Development Plan provides the policy framework for the spatial allocation of development. In this regard, both plans are interdependent in setting out the strategic vision for the economic growth of the County, accompanied by supporting policies and objectives to be employed in securing this vision. The Southern Regional Assembly has a role in ensuring coordination between the City and County Development Plan and the Local Economic and Community Plan.

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    Chapter 1 Introduction Kilkenny City and County Development Plan Volume 1 8 1.7 Mission Statement Kilkenny County Council’s mission statement from the Corporate Plan11 is as follows: Kilkenny County Council is committed to working with the people of Kilkenny to develop sustainable, connected, economically thriving and proud communities with the consideration of climate change embedded into all of our policies and services. The purpose of this five-year Corporate Plan is to provide a framework for the Elected Members, Management and staff to set the policies and direction for Kilkenny County Council until June 2024. The Corporate Plan will guide the policy making processes of the Strategic Policy Committees and the Corporate Policy Group and sets out and reviews Kilkenny County Council’s agreed vision, objectives and strategies in respect of our many functions and activities. This vision is then translated into the City & County Development Plan by means of the policies and objectives contain therein which set out its strategic direction. 1.8 Monitoring and Review The purpose of monitoring and evaluation is to assess the effectiveness or otherwise of policies and objectives in terms of achieving stated aims. Section 15(2) of the Act states that the Chief Executive shall, not later than two years after the making of a development plan, give a report to the members of the authority on the progress achieved in securing the objectives and section 95(3)(a) of the Act expressly requires that the two-year report includes a review of progress on the housing strategy. The Development Plan objectives are listed in Appendix M of this Plan. Following adoption of the Plan, key information requirements will be identified focusing on those policies and objectives central to the aims and strategy of the plan. These information requirements identified will be evaluated on an annual basis during the plan period. The Council will aim to implement all the provisions of this Plan, subject to the availability of resources. 11 Kilkenny County Council Corporate Plan 2019-2024 - adopted 2019.

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