Development plan · Kilkenny County Council
Kilkenny City and County Development Plan 2021–2027
The council's development plan written statement: its strategy, policies, objectives and development standards.
Kilkenny County Council · 2021–2027 · 350 pages
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- Chapter 7 Rural Development Kilkenny City and County Development Plan Volume 1 98 The Council will encourage and promote access to forests, including private forestry, in co-operation with Coillte, the Forest Service and other agencies, for walking routes, mountain trails, bridle paths, orienteering, cycling and other recreational activities (see Chapter 7 Open Space and Recreation). It is the policy of the Council to facilitate the sustainable development of forestry in appropriate areas of the county, where it will not significantly impact upon designated habitats and biodiversity, archaeology, and that it does not have a significant adverse visual impact on the local landscape. 7.4.1 Sustainable Forest Management (SFM) Sustainable forest management is the sustainable development and management of forests and forest lands in a way that maintains their biodiversity, productivity, regeneration capacity, vitality and their potential to fulfil now and in the future, relevant ecological, economic and social functions, at local national and global levels and that does not cause damage to other ecosystems. The Forest Service is implementing SFM with a view to ensuring that all timber produced in Ireland is derived from sustainably managed forests. This is supported by the Irish National Forest Standard9, the Code of Best Forest Practice10 and a suite of environmental guidelines (relating to water quality, landscape, archaeology, biodiversity and harvesting) as well as the work of the Forestry Inspectorate and the ongoing review of Irish forest legislation. To ensure that SFM is implemented, the Forest Service publishes a suite of Guidelines as follows: • Forestry and Water Quality Guidelines • Forestry and the Landscape Guidelines • Forestry and Archaeology Guidelines • Forest Biodiversity Guidelines • Forest Harvesting and Environmental Guidelines • Forest Protection Guidelines • Forests and Water – Achieving Objectives under Ireland’s River Basin Management Plan 2018- 2021 (2018) • Forestry and Freshwater Pearl Mussel Requirements 7.4.2 Development Management Requirements: • To have regard to the Indicative Forest Statement11 and all relevant Forest Service Guidelines in the assessment of any forestry applications. • To encourage sustainable forest management and require a diversity of species in afforestation proposals and in particular to require a proportion of all new forestry development to consist of native hardwood species in order to extend the range of potential end uses and to reduce the potential for adverse impact on the landscape resulting from monoculture. • To ensure that forestry shall not obstruct existing public rights of way and established walking routes. 9 Department of Marine and Natural Resources, Forest Service, Irish National Forest Standard, 2000 10 Department of Marine and Natural Resources, Forest Service, Code of Best Forest Practice, Ireland, 2000 11 Indicative Forest Statement - Department of Agriculture 2008
- Chapter 7 Rural Development Kilkenny City and County Development Plan Volume 1 99 7.5 Extractive Industries The County had a large lead–zinc deposit at Galmoy, which was worked as Galmoy mines, but which is now closed. There are numerous sand and gravel and stone resources within the County currently in operation. The Council recognises the importance of extractive industries to the local and national economy as valuable sources of raw material for industry in general and the construction industry in particular and as an important source of employment. However, the industry can have serious detrimental impacts on the landscape and amenities generally, including traffic generation, vibration, dust, noise, water pollution and visual intrusion. Guidelines for Planning Authorities on Quarries and Ancillary Activities12 were published in 2004. 7.5.1 Aggregate Potential Mapping As part of a National Development Plan funded programme, Aggregate Potential Mapping (APM) has been carried out by the Geological Survey of Ireland for County Kilkenny13. Aggregate consists of any hard, inert material, used in variously-sized fragments, either loose or in bound form, in the building of roads and other construction. Aggregate in Ireland is acquired from (a) sands and gravels, known as granular, and (b) bedrock which is blasted and crushed in quarries. The APM has identified both the Granular Aggregate Potential (GAP) and the Crushed Rock Aggregate Potential (CRP). Because the extraction industry is a very significant industry serving the construction, industrial and energy sectors, it is important to facilitate development with due regard to mineral reserves so that inappropriate development does not impinge on the viable exploitation of the resource. The Council will have regard to the aggregate potential mapping within the County in assessing applications for non-extractive industry related in areas in close proximity to existing sites or significant resource potential where such development would limit future exploitation. 7.5.2 Development Management Requirements: • The Council will have regard to the following: o Quarries and Ancillary Activities, Guidelines for Planning Authorities14, o the ICF Environmental Code15 o Environmental Management Guidelines, Environmental Management in the Extractive Industry16. o Undertaking non-energy extractive activities in accordance with Natura 2000 requirements17. 12 Department of the Environment, Heritage and Local Government, Quarries and Ancillary Activities, Guidelines for Planning Authorities, 2004 13 https://dcenr.maps.arcgis.com/apps/webappviewer/index.html?id=ee8c4c285a49413aa6f1344416dc9956 14 Department of the Environment, Heritage and Local Government, Quarries and Ancillary Activities, Guidelines for Planning Authorities, 2004 15 Irish Concrete Federation, Environmental Code, 2005 16 EPA, Environmental Management Guidelines, Environmental Management in the Extractive Industry, 2006 17 European Commission, Guidance Document, EC Guidance on undertaking new non-energy extractive activities in accordance with Natura 2000 requirements
- Chapter 7 Rural Development Kilkenny City and County Development Plan Volume 1 100 o NPWS Guidelines for the protection of Biodiversity within the Extractive Industry and the GSI’s Geological Heritage Guidelines for the Extractive Industry. o The Archaeological Code of Practice agreed between the ICF and the National Monuments Division in Section 6.4.2 Development Management Requirements. • The Council will require adherence to the EPA Guidelines- Environmental Management in the Extractive Industry as a standard for the extractive industry in Kilkenny. • The Council will ensure that all existing workings shall be rehabilitated and that all future extraction activities will allow for the rehabilitation of pits and proper land use management. o The Council may require that development is phased and that each phase is rehabilitated before the next phase is developed/commenced; o The Council shall require applicants to submit a restoration programme with their application on the manner and timing of restoration; o The Council will consider the current land/quarry resource of the applicant and may seek that current quarries are restored before new sites are developed. • The Council will seek to minimise environmental and other impacts of mineral extraction through rigorous application of licensing, development control and enforcement requirements for quarry and other associated developments including, but not limited to, consideration of visual impacts, methods of extraction, noise levels, dust prevention, protection of ground and surface waters, impacts on residential and other amenities, impacts on the road network (particularly with regard to making good any damage to roads), road safety, phasing, re-instatement and landscaping of worked sites. • The Council will ensure that any extractive development does not significantly impact on existing public rights of way, walking routes, or tourist or recreational activities. • The Council will consider the current land/quarry resource of the applicant and may seek that current quarries are restored before new sites are developed. 7.6 Fishing The Barrow, Nore and Suir are historically renowned as premier salmon and coarse fishing rivers in Ireland although salmon fishing no longer takes place on the River Barrow. Snap net fishing is a long tradition on the Rivers Nore and Suir. The Kings River is also an important fishing river. Fishing remains an important natural resource for the county which has potential for development in its own right and as a resource for tourism development. Fishing as a resource can assist in the development of tourism within the county and in rural diversification and appropriate angling-related tourism, fish farming and mariculture will be encouraged. The Council will liaise with and facilitate the Southern Fisheries Board in this regard. 7.6.1 Development Management Requirements: • Require that adequate provisions are made to accommodate free upstream and downstream migration of all fish in development proposals. • Ensure that the Protection of water quality will be a primary consideration in relation to assessing development proposals. 7.7 Diversification The diversification of the rural economy from mainstream farming can both supplement existing rural incomes and add to the richness of the rural area. Farming has been diversifying into areas such as
- Chapter 7 Rural Development Kilkenny City and County Development Plan Volume 1 101 horticulture, forestry and agri-tourism. In transitioning to a low carbon economy in line with Government policy, future diversification and adaptation to new energy technologies is seen as an important mechanism to achieve diversification. Renewable energy such as wind, solar and biomass will assist in the transition of the local economies of such areas. The Council will support the development of agriculturally related industries, which are environmentally sustainable and considered a suitable use, subject to the protection of heritage and amenities. In particular, the Council will encourage the conversion of redundant farm buildings for appropriate owner-run diversification enterprises. It is an objective of the Council to enhance the competitiveness of rural areas by supporting innovation in rural economic development and enterprise through the diversification of the rural economy into new sectors and services, including ICT based industries and those addressing climate change and sustainability in line the NPF. Industries that are not directly related to agriculture will however be encouraged to locate to settlements so as to support the creation of economies of scale which will underpin the vitality and vibrancy of these rural settlements. 7.7.1 Development Management Requirements • A high standard of design and maintenance will be required in all developments in rural areas. • Agriculture developments will be constructed and located so as to ensure that there is no threat of pollution to ground or surface waters. • Buildings and structures in visually sensitive areas will be required to: o be sited as unobtrusively as possible; o be clustered to form a distinct and unified feature in the landscape; o utilise suitable materials and colours; and o utilise native species in screen planting • Fencing in upland or highly scenic areas (See Section 9.2.12 Landscape) will not normally be permitted unless such fencing is essential to the viability of the farm and that it conforms to the best agricultural practice. The nature of the material to be used, the height of the fence, and in the case of a wire fence the type of wire to be used will be taken into account. Barbedwire will not be used for the top line of wire. Stiles or gates at appropriate places will be required. 7.8 Rural Settlement Strategy The Council recognises the long tradition of people living in rural areas of the County and promotes sustainable rural settlement as the key component of delivering viable rural communities. Chapter 4, Core Strategy sets out the overall development strategy for the county including the rural area. The Council will ensure that the provision of one-off houses in rural areas does not undermine the vibrancy and vitality of the town or settlements in rural areas while accommodating the dispersed rural living traditions of the rural areas of County Kilkenny.
- Chapter 7 Rural Development Kilkenny City and County Development Plan Volume 1 102 7.8.1 Development Objectives for Rural settlement Chapter 5 of the National Planning Framework (NPF) provides a comprehensive set of objectives to strengthen the rural fabric and support the communities living there; to plan for future growth and development, while addressing decline, and focusing on the potential for the renewal and development of smaller towns and villages18. An important element of that strategy is the development of new homes in small towns and villages with all relevant state agencies and stakeholders encouraged to provide serviced sites with appropriate infrastructure to attract people to build their own homes19. The NPF also prescribes that in relation to the development of rural housing that a distinction is made between areas under urban influence and rural areas elsewhere. Smaller towns and villages below the level of the District towns in the settlement hierarchy are classified as part of the rural area but their viability and vitality must be protected and enhanced through the rural settlement policy. The Regional Spatial and Economic strategy for the Southern Region (RSES), through RPOs 26 and 2720 identifies the requirement for local authorities to implement an appropriate sustainable rural housing policy response to avoid ribbon and over-spill development from urban areas, support revitalised towns and villages, achieve sustainable compact growth targets and protect the rural resource for rural communities, including people with an established local connection to the area. 7.8.2 Analysis of Rural Housing demand in the County The population of the county increased by 4% (3,813) during the last intercensal period (2011 -2016), with the state average at 3.78%. Notwithstanding the financial crisis which arose in the late noughties and which carried over well into the current development plan, the number of single rural house applications granted over the period 2014- June 2020, was 946. Planning applications have rebounded as the country emerged from the financial crisis and this is reflected an increasing rural housing demand. However, certain areas have been shown to be more attractive, particularly around the major urban centres such as Kilkenny City and Waterford City area, the District towns, New Ross and Carrick on Suir. The rural housing strategy map (Figure 7.1) analyses this in more detail and quantifies the commuting patterns from rural areas to these urban centres. In accordance with National Policy Objective 19, the future focus will continue to be on the facilitation of single houses in the countryside, based on the Core considerations of demonstrable economic or social need to live in a rural area and the siting and design criteria for rural housing, whilst having regard to the viability of the smaller towns and rural settlements. It will continue to be necessary to demonstrate a functional Economic and/or Social need to live in the commuter catchment of large towns and cities, including Kilkenny City and Waterford City. Outside these catchment areas, a more flexible approach will be based primarily on siting and design. Therefore, the thrust of the existing 18 NPF, National Policy Objectives 14 to 25 (p70-79) 19 NPF, NPO 18b p73 20 Southern Regional Assembly, RSES p89, p90
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- Chapter 7 Rural Development Kilkenny City and County Development Plan Volume 1 103 rural housing policy, with slight variations, will be retained. The changes reflect appropriate responses to changes in housing demand over the period of the previous plan. 7.8.3 Rural Housing Policies The following policies have been devised in order to respond to the different housing requirements of urban and rural communities and the varying characteristics of rural areas. This is to ensure that first and foremost the housing requirements of persons with intrinsic links in rural areas are facilitated in all such areas, but that planning policies also respond to local circumstances whether these relate to areas experiencing economic and population decline or to areas under sustained pressure for development. The following definitions and associated policies will be used: Definition of Urban Area: A city or town with a population of 1,500 or more at the time of the 2016 Census of Population (This definition is consistent with the CSO and the Sustainable Rural Housing Guidelines). For the purpose of this plan, these urban areas constitute Kilkenny City and Environs, the Waterford Metropolitan Area and the District towns of Callan, Castlecomer, Graiguenamanagh and Thomastown as well as New Ross and Carrick-on-Suir. Urban Generated Housing: Housing need is considered to be Urban Generated where application is made in rural areas by persons originating from urban areas and includes applications for second homes. The Council will endeavour to accommodate such non-rural generated housing within the development limits of all towns and villages subject to appropriate servicing arrangements. This approach has been adopted to strongly support strengthening the viability of our towns and villages and because of the long-term issues that arise from a proliferation of one-off houses, such as: • creation of demands for the subsequent provision of public infrastructure (i.e. roads and services); • over concentration of septic tanks in areas leading to potential ground water issues; • potential contamination of local water supplies and a reduction in water quality; • higher energy consumption and transportation costs arising from increased car-based commuting; • potential erosion of landscape character, and depletion of high-quality landscapes; and harmful effects on the tourism sector, • loss of investment in small towns and rural settlements, leading to dereliction and vacancy; Subject to satisfying good practice in relation to site location and access, drainage and design requirements, rural generated housing need should be facilitated as close as possible to its origin to ensure that strong local ties are maintained and that the applicant remains an intrinsic part of the local community. Rural Generated Housing: Housing needed in rural areas within the established rural community by persons from that community or whose occupation is intrinsically linked with that particular rural area as defined in Section 7.8.4 Categories of Rural Compliance below.
- Chapter 7 Rural Development Kilkenny City and County Development Plan Volume 1 104 Ribbon Development: is defined as where there are 5 or more houses exist21 on any one side of a given 250 metres of road frontage. If four houses exist on any one side of a given 250 metres of road frontage, it is likely that ribbon development may be created with an additional house. Ribbon Development is discouraged for a variety of reasons, including road safety, future demand for the provision of public infrastructure and visual impact. The Planning Authority will have discretion to allow well-spaced infill ribboning to complete a particular settlement pattern only, but not where it will lead to further gap infill sites or the coalescence of separate ribbons of development or, in combination with other ribbons, lead to the over proliferation of houses resulting in overdevelopment creating ribbon development, wastewater disposal difficulties, traffic or other serious planning issues in the immediate area. Local Area: Local area is defined as within approximately a radius of 10km from the site, excluding defined urban areas. Where the site is of a greater distance but the applicant can demonstrate significant ties with the area for example immediate family or well-established landownership then these applications will be considered on their merits. 7.8.4 Categories of Rural Compliance and Qualifying criteria: In line with the NPF, National Policy Objective 19 requires a clear distinction to be made between areas under urban influence and elsewhere in providing for the development of rural housing. County Kilkenny can be divided into two broad categories as follows: 1. Areas under Urban Influence 2. Other rural areas Qualifying Criteria for Rural Housing: Areas under urban influence • Areas classified as under Urban Influence are located close to the immediate environs or commuting catchment of cities and towns or to major transport corridors with ready access to urban areas. They are characterised by • High levels of commuting patterns to urban areas • Areas with high population growth in the County • Ready access to a good road network with ready access to the larger urban areas. It is the Council’s objective for areas of urban influence to facilitate the rural generated housing requirements of the local rural community (as identified in this section) while on the other hand directing urban (non-rural) generated housing to areas zoned and identified for new housing development in the city, or towns and villages. 21 Department of Environment, Heritage and Local Government, Sustainable Rural housing- Guidelines for Planning Authorities, April 2005
- Chapter 7 Rural Development Kilkenny City and County Development Plan Volume 1 105 Areas under urban influence display the greatest pressures for development due to the commuter dependence of these areas on urban areas for reasons of employment and other social and economic functions22. In areas under urban influence the Council will permit (subject to other planning criteria) single houses for persons where the following stipulations are met: 1. Persons with a demonstrable economic need to live in the particular local rural area, being people who are for example: a. employed full-time in rural-based activity such as farming, horticulture, forestry, bloodstock or other rural-based activity in the area in which they wish to build or whose employment is intrinsically linked to the rural area in which they wish to build, such as teachers in rural schools or other persons who by the nature of their work have a functional need to reside permanently in the rural area close to their place of work, provided that they have never owned a house in a rural area. 2. Persons with a demonstrable social need to live a particular local rural area, a. Persons born within the local rural area, or who have lived a substantial period of their lives in the local rural area (minimum 5 years), who have never owned a rural house and who wish to build their first home close to the original family home. Persons born in the area without having lived for the minimum of 5 years must be able to demonstrate strong family and social connections to the area to demonstrate a demonstrable social need. b. Returning emigrants who do not own a house in the local area and wishes to build their first permanent home for their own use in a local rural area in which they lived for a substantial period of their lives (5 years), then moved away or abroad and who now wish to return to reside near other family members. All applicants for one-off rural housing will need to demonstrate compliance with the qualifying criteria of one of the above categories unless otherwise specified as being located within an area where the Rural Housing Policy does not apply. The Planning Authority shall have regard to the viability of smaller towns and rural settlements in the implementation of the policy. Occupancy Condition All permission granted for rural housing within the Areas of Urban Influence shall be subject to an occupancy condition restricting the use of the dwelling to the applicant or members of his/her immediate family as a place of permanent residence for a period of seven years from the date of first occupancy. Sterilisation Agreements In areas where significant levels of rural housing development have taken place on the edges of urban areas within the county and where the Council considers such areas are becoming over developed the council may seek agreement under Section 47 of the Planning Act (sterilisation agreement) if it considers it necessary to regulate development in the area. 22 Fig 7.1 Rural Housing Strategy reflects this position.
- Chapter 7 Rural Development Kilkenny City and County Development Plan Volume 1 106 Other Rural Areas Areas classified as other rural areas comprise those areas not identified as under urban influence, where housing restrictions do not apply in the rural countryside subject to siting and design criteria as contained in statutory guidelines and plans, having regard to the viability of smaller towns and rural settlements. In these areas it will be the policy of the Council to accommodate proposals for individual rural or urban generated permanent residential development subject to meeting normal planning and environmental criteria. In all cases the consideration of individual sites will be subject to normal siting and design considerations, which will include but not necessarily be limited to the following: • Any proposed vehicular access would not endanger public safety by giving rise to a traffic hazard, • That any proposed on-site waste water disposal system is designed, located and maintained in a way which protects water quality, • That the siting and design of new dwellings takes account of and integrates appropriately with its physical surroundings and other aspects of the natural and cultural heritage and, • That the proposed site otherwise accords with the objectives of the development plan in general. In both areas under Urban Influence and Other Rural Areas the Planning Authority shall have regard to the viability of smaller towns and rural settlements in the implementation of the rural housing policy. 7.8.5 Refurbishment and Replacement Dwellings in rural areas The Council will encourage and facilitate the appropriate refurbishment of existing housing stock and other structures in rural areas and in certain limited cases the replacement of existing dwellings subject to the criteria outlined below. Development Management Requirements: • For refurbishment of structures the emphasis should be on the retention, refurbishment and reuse of the structure as part of the development proposal. • For refurbishment the scale and architectural treatment of proposed works should be sympathetic to the character of the original structure and the surrounding area including adjoining or nearby development. • In the case of replacement dwellings, to require proof that the original structure was last used as a dwelling and was a habitable dwelling so as not to invoke the policies under Section 7.8.3 Rural Housing Policies. • In cases where retention or reuse of the existing dwelling is not technically feasible, the size and scale of any replacement dwelling should reflect the site’s characteristics and context and shall accord with best practice in rural house design. Where an original structure was not habitable, if an applicant can demonstrate that their proposals will ensure the sensitive restoration of vernacular and traditional buildings in the rural area, thereby respecting and maintaining the integrity and scale of the original building, and does not compromise
Source Kilkenny County Council: Kilkenny City and County Development Plan 2021–2027 (2021–2027) · 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.