Kilkenny City and County Development Plan 2021–2027

1. Page 321

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   Chapter 13 Requirements for Development Kilkenny City and County Development Plan Volume 1 261 generated by the interaction between the physical characteristics and features of the site and its surroundings and the layout, landscaping and design of the new housing. The appropriate residential density in any particular location will be determined by the following: - i. The extent to which the design and layout follows a coherent design brief resulting in a high-quality residential environment; ii. Compliance with qualitative and quantitative criteria set out (including the 12 design criteria above); iii. Proximity to points of access to the public transport network; iv. The extent to which the proposal adheres to any masterplan or Local Area Plan for the area. v. The extent to which the site may, due to its size, scale, and location, propose its own density and character, having regard to the need to protect the established character and amenities of existing adjoining residential areas; vi. Existing topographical, landscape or other features on the site, and; vii. The capacity of the infrastructure, including social and community facilities (such as child care), to absorb the demands created by the development. The same criteria will be applied to development proposals involving an increase in density on existing housing sites. 13.5 Infill Development The Council will also have regard to the Sustainable Residential Development in Urban Areas (Cities, Towns and Villages) Guidelines for Planning Authorities (DEHLG, 2009) Infill development: “Infill” residential development may range from small gap infill, unused or derelict land and “backland” areas, up to larger residual sites or sites assembled from a multiplicity of ownerships. Subdivision of sites can be achieved where large houses on relatively extensive sites can accommodate new residential development without unduly impacting the existing residential amenity. “Backlands” development generally refers to lands to the rear of existing dwellings which may, with the appropriate coordinated access and service interventions, give rise to opportunities for new development. New developments, particularly in established built up areas can only be developed with the appropriate consideration of existing neighbouring amenity. Availing of development opportunities for infill sites will need to be sensitive to the potential of them imposing on existing neighbouring structures in terms of encroachment, overlooking and overshadowing. The potential for the development of such sites, which includes backland locations, should be considered on a site by site basis and will only be acceptable where the developer can show that the development is able to comply with certain minimum requirements. In order to advance this process in Kilkenny City a study of the opportunities that exist with accompanying guidance will be carried out. It is Council policy to facilitate infill development where minimum requirements can be met and where the proposed development will not materially impact the residential amenity or character of neighbouring developments.

2. Page 322

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   Chapter 13 Requirements for Development Kilkenny City and County Development Plan Volume 1 262 13.5.1.1 Development Management Requirements for Urban Infill Development: Infill with Multiple units on larger sites: Infill/brownfield developments will be subject to normal siting and design criteria, which include sufficient access in accordance with the Design Manual on Urban Roads and Streets (DMURS). Where sites are substantial enough and not located in an Architectural Conservation Area (ACA), developments thereon can sensitively create their own character. Each application will however be assessed on its own merit and apart from the requirement that new structures do not impact negatively on the amenity of proximate structures, sufficient access compliant with DMURS, the availability of service infrastructure, and exceptional quality of design are foremost requirements. In this regard, multiple units will need to address best practice in terms of meeting the 12 Urban Design Criteria set out in the Design Manual, Best Practice Guide, 2009, as well as DMURS where applicable. Where located within an ACA, proposals will need to show that they will not negatively impact on the character of the Architectural Conservation Area. For large site applications the Planning Authority may require an appropriate Master Plan dealing with movement, public realm, design, and other issues that are best addressed at a neighbourhood level. Smaller single unit infill sites: For single unit infill developments (permanent subdivision), the following requirements should be met; • normal plot ratio and site coverage requirements • in the case of development proposals with access from communal access roads (back lanes), such communal access roads shall be improved to comply with DMURS standards or such relaxation as determined by the Planning Authority; • Where accessing from existing public roads, have direct access via an access road at least 3m in width along its entire length; • the proposal must provide a minimum of 25sqm of consolidated usable private open space, reserved exclusively for use of the infill unit. The original unit should also retain at least a minimum 25 sqm of consolidated usable private open space; • Structures should maintain a setback distance of at least 7.5m from the rear of any neighbouring house; • Structures must not unduly overlook any neighbouring house or private open space from upper floor levels and orientation and setback are important in this regard (22m rule applies between opposing first floor windows unless good merit exists for relaxation); • Structures must not unduly overshadow or encroach on any neighbouring house and a shadow path impact analysis may be required; • The proposed development must not unduly affect the character of the immediate environs, including ACAs or neighbouring protected structures. Objective 13A To compile an analysis and a development guidance criterion for housing opportunities in Kilkenny City’s backland areas, underutilised lands and brownfield sites.

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   Chapter 13 Requirements for Development Kilkenny City and County Development Plan Volume 1 263 Each application shall be considered on its own merit and in accordance with the principles of proper planning and sustainable development. 13.6 Building Heights Following on from the National Planning Framework (NPF), the Minster issued “The Guidelines on Urban Development and building Heights” (December 2018) under Section 28 (1C) of the Planning and Development Act, which has the aim to increase urban densities by allowing a greater range of building heights in the appropriate urban locations. The 5 cities and other major towns as identified and promoted for strategic development in the NPF are the focus of the guidelines. Kilkenny City is identified as a significant Key Town of scale, with a significant zone of influence in the Regional Spatial and Economic Strategy with a growth target of 30% by 2040. (RPO 11) National Planning Objective 13 identifies building height as an important measure to achieve compact growth, stating: “In urban areas, planning and related standards, including in particular building height and car parking will be based on performance criteria that seek to achieve well-designed high-quality outcomes in order to achieve targeted growth. These standards will be subject to a range of tolerance that enables alternative solutions to be proposed to achieve stated outcomes, provided public safety is not compromised and the environment is suitably protected.” The Guidelines set out the national policy that expand on the requirements of the NPF and sets out the criteria for considering increased building heights in various locations, but principally the town centre areas. The Guidelines include some Specific Planning Policy Requirements (SPPR) which the Planning Authority must have regard to and apply and which takes precedence over conflicting policies and objectives. These are contained in the Development Plan as far as is applicable. In accordance with the Specific Planning Policy Requirement 1 (SPPR 1) of the Guidelines, this Development Plan does not provide for blanket numerical limitations on building height. It sets out a set of assessment criteria that will enable proper consideration of development proposals for increased building height linked to the achievement of compact growth. SPPR 2 requires appropriate mixtures of uses, such as housing and commercial or employment development, are provided for in statutory plan policy. Within Kilkenny City the Abbey Quarter Masterplan adopted by Council in 2015 provides for a mix of uses as described along with a block development type approach with building heights ranging from 3 to 5 storeys. In determining the appropriate policy and making planning decisions on heights for buildings, the Planning process has to balance the long-term planning objectives for achieving compact growth as required in the National Planning Framework (NPF) with public safety and the environment particularly for Kilkenny City and County where architectural heritage historic character and protected structures are important considerations. In particular historic environments can be sensitive to large

4. Page 324

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   Chapter 13 Requirements for Development Kilkenny City and County Development Plan Volume 1 264 scale or tall buildings. It is therefore imperative that the character of the area be assessed in order to establish the sensitivities and the capacity for development and to define opportunities for new development and to inform its design. The Council will support increased building height and density in central locations with good public transport accessibility for both regeneration and infill purposes to secure the objectives of the National Planning Framework and Regional Economic and Spatial Strategy. The Council will also ensure that proposals for urban densification make a positive contribution to the streetscape and does not detract from the historical environment/character of the surrounding area in general and/or neighbouring buildings in particular. Development Management principles for increased height: It is important to ensure that the Development Management process sufficiently considers all relative principles to achieve higher densities whilst having due regard to the context of the proposed development. In this regard it is important that development proposals subscribe to the Development Management principles and satisfy Development management criteria as contained in the Ministerial Guidance document “Urban Development and Building Heights” (December 2018) when assessing applications for development. In accordance with the Guidelines, all applications for planning permission shall demonstrate to the Planning Authority that the following Development Management criteria are satisfied: At the scale of the relevant city/town: • The site is well served by public transport with high capacity, frequent service and good links to other modes of public transport. • Development proposals incorporating increased building height, including proposals within architecturally sensitive areas, should successfully integrate into/ enhance the character and public realm of the area, having regard to topography, its cultural context, setting of key landmarks, protection of key views. Such development proposals shall undertake a landscape and visual assessment, by a suitably qualified practitioner such as a chartered landscape architect. • On larger urban redevelopment sites, proposed developments should make a positive contribution to place-making, incorporating new streets and public spaces, using massing and height to achieve the required densities but with sufficient variety in scale and form to respond to the scale of adjoining developments and create visual interest in the streetscape. At the scale of district/ neighbourhood/ street: • The proposal responds to its overall natural and built environment and makes a positive contribution to the urban neighbourhood and streetscape • The proposal is not monolithic and avoids long, uninterrupted walls of building in the form of slab blocks with materials / building fabric well considered. • The proposal enhances the urban design context for public spaces and key thoroughfares and inland waterway/ marine frontage, thereby enabling additional height in development form to be favourably considered in terms of enhancing a sense of scale and enclosure while being

5. Page 325

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   Chapter 13 Requirements for Development Kilkenny City and County Development Plan Volume 1 265 in line with the requirements of “The Planning System and Flood Risk Management – Guidelines for Planning Authorities” (2009). • The proposal makes a positive contribution to the improvement of legibility through the site or wider urban area within which the development is situated and integrates in a cohesive manner. • The proposal positively contributes to the mix of uses and/ or building/ dwelling typologies available in the neighbourhood. At the scale of the site/building: • The form, massing and height of proposed developments should be carefully modulated so as to maximise access to natural daylight, ventilation and views and minimise overshadowing and loss of light. • Appropriate and reasonable regard should be taken of quantitative performance approaches to daylight provision outlined in guides like the Building Research Establishment’s ‘Site Layout Planning for Daylight and Sunlight’ (2nd edition) or BS 8206-2: 2008 – ‘Lighting for Buildings – Part 2: Code of Practice for Daylighting’. • Where a proposal may not be able to fully meet all the requirements of the daylight provisions above, this must be clearly identified and a rationale for any alternative, compensatory design solutions must be set out, in respect of which the planning authority or An Bord Pleanála should apply their discretion, having regard to local factors including specific site constraints and the balancing of that assessment against the desirability of achieving wider planning objectives. Such objectives might include securing comprehensive urban regeneration and or an effective urban design and streetscape solution. Specific Assessments: To support proposals at some or all of these scales, specific assessments may be required and these may include: • Specific impact assessment of the micro-climatic effects such as down-draft. Such assessments shall include measures to avoid/ mitigate such micro-climatic effects and, where appropriate, shall include an assessment of the cumulative micro-climatic effects where taller buildings are clustered. • In development locations in proximity to sensitive bird and / or bat areas, proposed developments need to consider the potential interaction of the building location, building materials and artificial lighting to impact flight lines and / or collision. • An assessment that the proposal allows for the retention of important telecommunication channels, such as microwave links. • An assessment that the proposal maintains safe air navigation. • An urban design statement including, as appropriate, impact on the historic built environment. • Relevant environmental assessment requirements, including SEA, EIA, AA and Ecological Impact Assessment, as appropriate. A comprehensive Urban Design Statement should be submitted with all applications where potential exist to impact on the historical environment. The Planning Authority shall decide if proposals align with best practise and which design standards are to be used in certain circumstances. Reference can be had to “Architectural Heritage Protection – Guidelines for Planning Authorities” and “Shaping the future – Case studies in Adaptation and Reuse in Historic Urban Environment (DAHG) 2012.”

6. Page 326

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   Chapter 13 Requirements for Development Kilkenny City and County Development Plan Volume 1 266 13.7 Gated Communities Gated communities serve to exclude and divide communities and in no way support the creation of permeable, connected and linked communities. The Council will discourage new housing developments that include gated communities in their plans. 13.8 Bin Storage Standards Each residential unit shall have adequate storage for three wheeled bins. Residential units with no rear access shall provide adequate storage for the bins to the front of the development, in contained units. In apartment schemes, bin storage shall generally be on the ground floor level of development, be adequately ventilated, screened from public view and adjacent to the block it serves. Where appropriate, the bin storage area shall be a separate structure to the apartment building. (See Apartment Standards below.) 13.9 Separation Distance between Houses In general, there should be adequate separation (traditionally about 22 m between 2-storey dwellings) between opposing first floor windows. However, relaxation of this standard will be considered where the careful positioning of opposing windows can prevent overlooking even with shorter back-to-back distances. Windows serving halls and landings do not require the same degree of privacy as, say, balconies and living rooms. A minimum of 2.3 metres shall be provided between the side walls of detached, semi-detached and end of terrace dwellings to ensure privacy and ease of access. A property boundary should ideally occur mid-way along this dimension. 13.10 Boundary Treatment of House Sites Where the flank or rear boundaries of house sites abut roads, pedestrian ways or public open space, suitably designed screen walls 1.8 metres in height shall be provided. Where concrete screen walls are proposed they shall be suitably rendered and capped in an acceptable manner. 13.11 Housing Developments and Noise In 2006, the Government made regulations relating to Environmental noise (S.I. 140 of 2006). Environmental noise is defined in the Regulations as unwanted or harmful outdoor sound created by human activities, including noise emitted by means of transport, road traffic, rail traffic, air traffic, and from sites of industrial activity. The Council will require (where necessary) that planning applications for future developments within the zone of influence of existing and planned national roads include noise mitigation measures and/or a sound impact assessment to guard against an unacceptable increase in noise levels affecting noise sensitive properties. Developers should adhere to the Environmental Noise Regulations referred to above.

7. Page 327

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   Chapter 13 Requirements for Development Kilkenny City and County Development Plan Volume 1 267 13.12 Naming of Housing Developments The naming of new residential development should reflect the local and historical context of its siting as far as possible such as local names which reflect the landscape, its features, culture or history of the area in which the development is located. Also considered will be the names of historical persons associated with the area. The use of Irish names will be encouraged. The naming of residential developments shall be approved by the Planning Authority prior to the launching of any advertising campaign for a development (See Section 9.4.1 Placenames). 13.13 Apartments The design and layout of new apartments should provide comfortable accommodation for a variety of household types and sizes – including families with children - over the medium to long term. Regard should be given to relevant Government Guidelines, including Design Standards for new Apartments, Guidelines for Planning Authorities, 2018. All apartment schemes should provide for a mix of units; comprising of one bedroom, two-bedroom and family units. A planning application for an apartment scheme shall be accompanied by a detailed schedule of the proposed development including total number of apartments proposed by type, apartment floor area, number of bedrooms, open space area, storage area etc. Failure to submit this schedule with the planning application may result in delays as a result of a request for further information. All planning applications for apartments are required to demonstrate compliance with ‘Sustainable Urban Housing; Design Standards for New Apartments’, Guidelines for Planning Authorities (2018) and any updates thereof. While these guidelines set out minimum design standards, the Council strongly encourage the provision of apartments above these standards, in the interest of creating attractive living environments and sustainable communities. 13.13.1 Apartment Development Management Requirements The following standards shall generally apply to new apartment developments: The standards apply to units on one floor; duplexes should provide the additional floor area required to provide for stairways and landings in accordance with the Building Regulations. All living rooms, kitchens and bedrooms should minimise overlooking of adjoining/adjacent residences and should be so located so to avoid facing towards nearby high boundary or gable walls. Dual-aspect apartments, as well as maximising the availability of sunlight, also provide for cross ventilation and should be provided. 13.13.2 Apartment Sizes Apartment sizes and dimensions shall comply with the sizes set out in the Design Standards for new Apartments, Guidelines for Planning Authorities, 2018. The following minimum floor areas shall apply to all new apartments:

8. Page 328

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   Chapter 13 Requirements for Development Kilkenny City and County Development Plan Volume 1 268 Table 13.1: Minimum Overall Floor Areas for Apartments Apartment Type Minimum Floor Area Studio Apartment (1 person) 37 sq.m One bedroom (2persons) 45 sq.m Two bedrooms (3 persons) 63 sq.m Two bedrooms (4 persons) 73 sq.m Three Bedrooms (4 persons) 90 sq.m Three bedrooms (5 persons) 99 sq.m The floor area parameters set out in Policy 3 above shall generally apply to apartment schemes and do not apply to purpose-built and managed student housing. In relation to social housing, or purposebuilt housing for older people it is considered necessary that these guidelines would also make provision for a two-bedroom apartment to accommodate 3 persons or more. 13.13.3 Private and Public Open Space Private open space can be provided in the form of rear gardens or patios for ground floor units, and balconies at upper levels. Private amenity space should be located to optimise solar orientation and designed to minimise overshadowing and overlooking. Balconies should adjoin and have a functional relationship with the main living areas of the apartment. In certain circumstances, glass-screened ‘winter gardens’ may be provided. It is important that in the latter case adequate semi-private or communal open space, in the form of landscaped areas, should also be provided. Roof gardens offer only limited potential in this regard, due to climatic and safety factors, and should not form the major share of such space. Roof gardens will only be considered provided they are easily accessible, secure and attractively landscaped. Private open space at ground floor level should receive some sunlight, but where provided at ground level, private amenity space shall incorporate boundary treatment appropriate to ensure privacy and security. The following Private Amenity Space requirements apply: Table 13.2: Private Amenity Space Requirements for Apartments Apartment Type Minimum Private amenity Space Studio 4 sq. m One bedroom 5 sq. m Two bedrooms (3 person) 6 sq. m Two bedrooms (4 person) 7 sq. m Three bedrooms 9 sq. m Balconies (or glass-screened “winter gardens”) need to be of a certain minimum width to be useful from an amenity viewpoint, being able to accommodate chairs and a small table. A minimum width of 1.5 metres for one-bedroom units. While deeper balconies might be desirable in certain cases, this has to be balanced against the need to avoid overshadowing. It is preferable that balconies would be

9. Page 329

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   Chapter 13 Requirements for Development Kilkenny City and County Development Plan Volume 1 269 primarily accessed from living rooms, although larger apartments may include wrap around and/or secondary balconies, which should also include screened clothes drying space. Table 13.3 Minimum Floor Areas for Communal Open Space (per Apartment) Studio 4 sq. m One bedroom 5 sq. m Two bedrooms (3 person) 6 sq. m Two bedrooms (4 person) 7 sq. m Three bedrooms 9 sq. m The recreational needs of children must be considered as part of communal amenity space within apartment schemes. As possible, their safety needs to be taken into consideration and protected throughout the entire site, particularly in terms of safe access to larger communal play spaces. Children’s play needs around the apartment building should be catered for: 1 within the private open space associated with individual apartments (see table above); 2 within small play spaces (about 85 – 100 sq. metres) for the specific needs of toddlers and children up to the age of six, with suitable play equipment, seating for parents/guardians, and within sight of the apartment building, in a scheme that includes 25 or more units with two or more bedrooms; and 3 within play areas (200–400 sq. metres) for older children and young teenagers, in a scheme that includes 100 or more apartments with two or more bedrooms. Site conditions, such as elevations facing north or overlooking busy streets, or tall buildings, may diminish the amenity value of balconies. Balconies may not be appropriate in historic areas. In such cases, it will be the designer’s responsibility to provide some form of compensating amenity for the occupants. This might take the form, for instance, of above-average sized living rooms and generous landscaped communal open spaces. Balustrading to balconies should be safe for children. Vertical privacy screens should generally be provided between adjoining balconies. These are minimum standards and the Council will encourage developers to provide for greater than the minimum. 13.13.4 Daylight and Sunlight The amount of sunlight reaching an apartment significantly affects the amenity of the occupants. Dual-aspect apartments are likely to maximise the availability of sunlight, but this solution may not always be possible (e.g. with corner units). Single-aspect apartments should allow the main living rooms to face south or west; north-facing units should be excluded. Particular care is needed where windows are located on lower floors which may be overshadowed by adjoining buildings. The orientation of buildings within the site should maximise energy efficiency. In relation to the minimum number of dual aspect apartments that may be provided in any single apartment scheme, the following shall apply:

10. Page 330

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    Chapter 13 Requirements for Development Kilkenny City and County Development Plan Volume 1 270 i. A minimum of 33% of dual aspect units will be required in more central and accessible urban locations, where it is necessary to achieve a quality design in response to the subject site characteristics and ensure good street frontage where appropriate. ii. In suburban or intermediate locations, it is an objective that there shall generally be a minimum of 50% dual aspect apartments in a single scheme. iii. For building refurbishment schemes on sites of any size or urban infill schemes on sites of up to 0.25ha, planning authorities may exercise further discretion to consider dual aspect unit provision at a level lower than the 33% minimum outlined above on a case-by-case basis, but subject to the achievement of overall high design quality in other aspects. 13.13.5 Storage Areas and Communal Facilities Provision should be made in apartments for general storage areas (additional to minimum kitchen presses, bedroom furniture and hot presses) for bulky items such a child’s buggy, a suitcase, sport equipment etc. As a rule, no individual storage room within an apartment should exceed 3.5 sq. metres. Table 13.4: Minimum storage space requirements for apartments Apartment Type Minimum Apartment Storage Space Required* Studio 3 sq. m One bedroom 3 sq. m Two bedrooms (3 person) 5 sq. m Two bedrooms (4 person) 6 sq. m Three or more bedrooms 9 sq. m *In addition to these minimum requirements the Planning Authority will seek adequate storage for items such as bicycles buggies and other bulky items to be available to apartments within any individual scheme. 13.13.6 Waste Storage Facilities at Apartments The following general design considerations should be considered in the provision of refuse storage facilities at apartments: • Sufficient communal storage area to satisfy the three-bin system for the collection of mixed dry recyclables, organic waste and residual waste; • In larger apartment schemes, consideration should also be given to the provision of separate collection facilities for other recyclables such as glass and plastics; • Waste storage areas must be adequately ventilated so as to minimise odours and potential nuisance from vermin/flies and taking account the avoidance of nuisance for habitable rooms nearby; • Provision in the layout for sufficient access for waste collectors, proximity of, or ease of access to, waste storage areas from individual apartments, including access by disabled people; • Waste storage areas should not present any safety risks to users and should be well-lit;

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