Kilkenny City and County Development Plan 2021–2027

1. Page 331

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   Chapter 13 Requirements for Development Kilkenny City and County Development Plan Volume 1 271 • Waste storage areas should not be on the public street, and should not be visible to or accessible by the general public. Appropriate visual screening should be provided, particularly in the vicinity of apartment buildings; • Waste storage areas in basement car parks should be avoided where possible, but where provided, must ensure adequate manoeuvring space for collection vehicles; • The capacity for washing down waste storage areas, with wastewater discharging to the sewer. 13.14 Home Based Economic Activities With the rollout of Broadband across the County, the possibility to work at home will become a realistic option for people. The Council recognises that such working arrangements can benefit individuals, families and the local community in addition to contributing to more sustainable land use patterns by reducing the need for commuting. It is the policy of the Planning Authority to accommodate home based activities where they will not impact on the general residential amenity of the area. Home-based activities are defined as small-scale commercial activities, which are secondary to the use of the premises as a residence. They are permitted where the primary use of the dwelling remains residential and where the amenity of surrounding residences is not adversely affected. The planning authority, in considering applications for such uses, will consider the following:  The nature and extent of the work;  The effects on the amenities of adjoining properties particularly as regards hours of operation, noise and general disturbance;  The anticipated levels of traffic generation; and  The generation, storage and collection of waste. Over the counter services, business signage, advertising hoardings, security gates/grills and excessive security lights are not normally appropriate in a residential area and should be subject to appropriate restrictions. The local authority may grant a temporary permission of two/three years for home-based economic activities to facilitate on-going monitoring of the activity. However, such use will not normally be permitted in apartments. 13.15 Family Flat A ‘family’ flat refers to a sub-division or extension of a single dwelling unit to accommodate a member of the immediate family and is generally acceptable, provided it is not a separate detached unit and that it is possible to provide direct access to the remainder of the house. There shall be no permanent subdivision of the garden. The ‘family’ flat shall not be let or sold, other than as part of the overall property and shall revert to being part of the original house when no longer occupied by a family member. The design should ensure that the flat forms an integral part of the main dwelling unit capable of reintegration for single family use. The principal requirement for any proposed family flat extension is that the family flat shall generally be less than 50% of the floor area of the main dwelling. In the case of a two-storey family flat, an internal connecting door will normally be required at both levels. External doors will normally only be permitted to the side and rear of the house, with the presumption against an independent front door.

2. Page 332

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   Chapter 13 Requirements for Development Kilkenny City and County Development Plan Volume 1 272 Access shall be either from an internal door or by side door well screened from the front elevation. The design should have regard to the need for light and privacy of adjoining properties. The form and design of the existing building should be followed and the extension should integrate fully with the existing building by using similar detailing and window proportions, materials and finishes. 13.16 Domestic Extension The principal requirement for any proposed domestic extension is that the design should have regard to the need for light and privacy of adjoining properties. The form and design of the existing building should be followed and the extension should integrate fully with the existing building by using similar detailing and window proportions. Where an existing dwelling is being remodelled and extended, the proposed extension will be considered on its own merits. A high standard of modern design and materials will be encouraged in this instance. 13.17 Off Street Parking in Residential areas The cumulative effect of removal of front garden walls and railings damages the character and appearance of suburban streets, contributes to an overall reduction in permeable surfaces vital to flood relief and the introduction of multiple vehicular accesses reduces the level of communal onstreet parking. Consequently, proposals for off street parking need to be balanced against the loss of amenity and communal spaces. The removal of front garden walls and railings will not generally be permitted where they have a negative impact on the character of streetscapes or reduce the level of communal parking to an unacceptable degree. Where permitted, “drive-ins” should: - Not have outward opening gates; - Have a vehicular entrance not wider than 3m or 50 per cent of the width of the front boundary, whichever is the lesser; - Have an area of hardstanding (parking space of 2.5m x 5m); - Suitably landscape the balance of the space; - Have gates, walls/fence and railings made good. 13.18 Subdivision of Existing Residential Units Applications for permission to subdivide or change the use of existing residential will be considered on their merits. The design of developments shall be such that it complements the existing layout or streetscape and shall not interfere with the residential and other amenities of the area and shall provide a suitable quality of residential amenity for all the proposed units. 13.19 Phased Residential Development The Council shall seek a phased approach to large housing developments. Applications for residential development shall illustrate the phasing for the scheme. Phasing proposals shall ensure that open space and infrastructure to serve dwellings in a given phase e.g. public lighting, footpaths, is completed to the satisfaction of the Council prior to the initiation of the succeeding phase. Each phase

3. Page 333

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   Chapter 13 Requirements for Development Kilkenny City and County Development Plan Volume 1 273 must be completed in full (including infrastructure, public open space etc) before the next phase commences. The Council will apply a sequence to the phasing to ensure that each phase is served by adequate services and infrastructure. 13.20 Open space 13.20.1 Private Open Space An adequate amount of private open space should be provided within the curtilage of each dwelling. In general, the requirement will be 60 to 75 sq.m minimum for 3/4/5 bedroom houses in order to ensure that most household activities are accommodated and at the same time offers visual delight, receive some sunshine and encourage plant growth. Private open space will be measured from behind the rear building line. The boundaries of rear gardens should generally be provided with a permanent durable barrier with a minimum height of 1.8m. Table 13.5 Private Open Space Requirements for houses Type of Unit Minimum Private Open Space 1/2 bedroom houses 48 sqm 3 bedroom houses 60 -75sqm 4 + bedroom houses 60 - 75 sqm 13.20.2 Public Open Space Requirements 13.20.2.1 Design of Open Space The Council will require a detailed high-quality open space and landscape design plan including specifications, prepared by suitably qualified professionals, to be submitted with all planning applications for multi-unit residential developments. Developers should consider providing a variety of open spaces both formal and informal. Semi-natural areas should be provided such as wetlands, woodlands, meadows, green corridors as well as formal gardens, and seating areas. These elements work best as part of a structure to the provision of open space. Applications shall have regard to the qualitative standards outlined in Section 4.18 of the Sustainable Residential Development in Urban Areas. The following must be taken into consideration when designing open space: • Open space should be of a high visual standard so that it is functional and accessible to all; • Open space should be designed so that passive surveillance is provided. • Open spaces should not be located to the side or the rear of housing units. • Provide multifunctional open spaces at locations deemed appropriate whereby both passive and active uses are delivered.

4. Page 334

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   Chapter 13 Requirements for Development Kilkenny City and County Development Plan Volume 1 274 • Ensure open space provision is suitably proportioned. Inappropriate narrow tracts of land are not acceptable and will not be included in the calculation of open space for a proposed development nor any area due to its nature (e.g. marshy) or topography (slope) which is deemed unsuitable. • Include proposals for drainage of the public open space • Hard landscaping elements should also be identified, such as paving or cobbled areas which play important role in the design and presentation of open space concepts • Retention of existing natural features (which should be protected and incorporated into open space) • Appropriate pedestrian and cycle linkages between open spaces should be shown on the site layout plan; • All children and young people should have access to play space which should be within a reasonable and safe walking distance from home. • Play spaces should be made identifiable by appropriate ‘play’ signage • Pedestrianisation in the vicinity of such areas should be maximised, and traffic should be eliminated or traffic calming measures put in place • Lanes within housing estates or connecting housing estates should be designed to allow for the safe movement of pedestrians and cyclists and should be adequately overlooked and lit and not be excessive in length. 13.20.3 Open Space in new residential development Applicants will be required to make provision for sports and recreational infrastructure commensurate with the needs generated by any development and the capacity of existing facilities in the area to cater for existing and future needs. The Council will require a minimum public open space provision of 2.4 hectares per 1,000 population. For the purposes of this calculation, public open space requirements are to be based on residential units with an occupancy rate of 2.8 persons per unit. A reduction to this standard will only be permitted in exceptional circumstances as determined by the local authority. Where such a relaxation occurs the provision of open space within any scheme should not be below 10% of the site area. Residential planning applications in excess of 200 units will require a recreational needs assessment. Recreation provision should form an integral element of development proposals. The Council will apply the standards as set out in Table 13.6 as a minimum requirement for on-site provision as part of residential development or for off-site provision. The minimum standards for children’s play spaces to be applied are set out in Section 13.18 Open Space below. In the interests of meeting strategic needs the Council may pool together the requirements of individual and relatively smaller developments to provide facilities and amenities of a strategic nature at the higher end of the hierarchy. Developer contributions may also be sought and may be applied to improve existing facilities nearby. In areas where new development is proposed and the cumulative impact of the development of new houses will, or is expected to, exceed the volume of housing development identified in Table 13.6, developers will be required to provide financial contributions or lands towards the development of

5. Page 335

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   Chapter 13 Requirements for Development Kilkenny City and County Development Plan Volume 1 275 sports and recreation facilities that will be developed to meet the needs of their development in conjunction with the expected needs of other nearby developments. In instances where this includes, or is expected to include the acquisition of lands this requirement will be specified. Where on-site provision is not appropriate the County Council will levy a sum of money from each housing unit in lieu of the provision of public open space/recreation facilities. Table 13.6 Amenity Development Thresholds Site Capacity No. of Dwellings Minimum quantity and type of leisure facilities required <25 A minimum of 0.25 hectares must be provided. 25 or over Open space 2.4 hectares per 1,000 people (a minimum of 0.25 hectares must be provided) 100 – 199 Public open space One Tone Zone/Outdoor gym 200 – 499 Equipped public open space to include: One full size grass sports pitch; One court multi-use games area with Community association/club movement; and Two Tone Zones/Outdoor gyms. 500 – 599 Public space to include: One full size grass sports pitch; Two Tone Zones/Outdoor gyms One court multi-use games area; and Two tennis courts / basketball courts etc. 600 + Equipped public open space to include: Two full size grass sports pitches; Three Tone Zones/Outdoor Gyms One court multi-use games area, and two tennis courts / basketball courts etc. 1,000+ One community / leisure Building including full size badminton / basketball court with community association / club movement within. Equipped public open space to include: Three Tone Zones/Outdoor Gyms; Two full size grass sports pitches; One court multi-use games area; and two tennis courts/ basketball courts etc. Note: One piece of multifunctional equipment is to be provided within the Tone Zones/Outdoor Gyms for each 20 residential units or part thereof within the development. Where a proposed development is located in close proximity to an established park area or zoned open space, the open space requirement may be relaxed depending on the nature and quality of existing provision. However, a financial contribution will be required towards the improvement and extension of the existing facility to cater for extra demand.

6. Page 336

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   Chapter 13 Requirements for Development Kilkenny City and County Development Plan Volume 1 276 Developers will be required to make suitable provision for the future management and maintenance of open space required under this policy where spaces and facilities are not taken in charge by the Local Authority. 13.20.4 Play space A standard of a minimum of 10 sq. m. of dedicated playable space per residential unit is to be provided as an integral part of the required open space for each new development. This playable space can form part of the overall open space provision of a development but must be dedicated to play. This play space is to be distributed throughout the development and should consider the presence or lack of existing off-site provision. The total space requirement should be broken down into the relevant typologies taking account of the maximum walking distances from residential units given below. Table 13.7 Play Space Distance Requirements Play Space Type Maximum walking distance from residential unit Doorstep Playable Space 100m Local Playable Space 400m Neighbourhood Playable Space 800m Youth Space 800m Doorstep playable space suitable for younger children can be included in smaller areas while the other play spaces will require larger areas. The doorstep playable space should be laid out to include a mixture of fixed equipment such as rockers, cradle swings, carousels, slides and junior multi units together with the use of sand, water and other materials for creative play. The local playable space should include a mixture of rockers, swings, carousels, junior and senior multi units, slides, space nets and balance beams among other items of fixed equipment suitable for children up to 12 years of age together with the use of sand, water and other materials for creative play. A neighbourhood playable space should be an extension of both the doorstep and local playable space with a wider range of play equipment and range of play opportunities providing a challenging, stimulating play environment. Youth space should include detailed proposals to provide for the recreational requirements of young people over 12 of an area. Any set of proposals shall take into account the existing level of provision in the surrounding area and will attempt to deal with existing deficiencies. Formal and informal games/recreational areas for adults and older persons should also be integrated within schemes (e.g. Tone Zones).

7. Page 337

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   Chapter 13 Requirements for Development Kilkenny City and County Development Plan Volume 1 277 13.21 Scale of Development 13.21.1 Plot Ratio Plot ratio is the relationship between site area and the total floor area of the buildings erected on it. The plot ratio is calculated by dividing the gross floor area of the building by the site area. Plot ratio = Gross Floor Area divided by gross site area. The purpose of plot ratio is to prevent adverse effects of both over-development and underdevelopment on the amenity and the layout of buildings, to achieve desirable massing and height of buildings, to balance the capacity of the site and street frontages. It is recommended that a maximum plot ratio of 2.0 be set for urban areas and 1.0 for all other areas. The Planning Authority will permit higher plot ratios only in cases where exceptional standards of design are achieved. 13.21.2 Site Coverage The purpose of site coverage control is to prevent over-development, to avoid overshadowing and to protect rights to light of adjoining properties. The maximum normal site coverage for uses in all areas is 65%. In urban areas, site coverage may be allowed to increase up to 85% or up to the existing site coverage. In some cases, a higher percentage may be allowed, subject to the proper planning and sustainable development of the site. Site coverage = Ground floor area divided by gross site area. 13.22 Rural Housing The rural settlement policy is set out in Chapter 7. The Planning Authority has completed a County Kilkenny Rural Design Guide which is intended to provide assistance to people who are considering the development of a single house in the countryside. County Kilkenny enjoys an especially rich rural landscape setting and character that has a value far beyond agricultural uses. Aside from the desire to protect the countryside as a natural asset, there is a need to preserve rural areas for their scenic beauty, historical significance, and environmental importance. However, rural Kilkenny is much more than a beautiful landscape that we can all enjoy, it must also function as an environment in which we can live and work. The countryside needs to evolve whilst retaining the character that makes it special and unique. It is important that design in rural areas meets with the aspirations of those building new homes, without compromising the integrity of Kilkenny’s long established rural signature. The County Kilkenny Rural Design Guide aims to provide an insight into the key issues that will determine the success or failure of a new house in rural Kilkenny.

8. Page 338

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   Chapter 13 Requirements for Development Kilkenny City and County Development Plan Volume 1 278 Its objectives are: • To improve overall design quality • To ensure maximum integration with the landscape • To draw on and reinforce traditional patterns of buildings in rural Kilkenny • To encourage innovation in design • To emphasise the value of sustainable and energy conscious design • To assist those involved in rural house building, by clarifying key design issues Applicants and their agents are encouraged to consult with the guide before embarking on the rural housing project4. The following guidance may be of assistance in planning for a single house in the countryside: • Existing mature landscaping, particularly trees and hedges, should be retained where possible. Existing trees, buildings, slopes and other natural features can provide a setting. Where possible, well established boundaries (on all sides) which assist in assimilating the site naturally into its surroundings is encouraged. Sites which are carved out of the centre of larger fields are discouraged.5 • Cutting and filling of sites is not desirable (see Kilkenny Rural Design Guide for positioning a house on a steep slope) • Sites which lead to ribbon development is not considered to be in the interest of the proper planning and sustainable development and is strongly discouraged • Reuse, adapt or extend existing rural structures where possible. Where historic or vernacular buildings are located on the site or land holding, consideration should seriously be given to their retention, and incorporation into any proposed development. • In siting a new dwelling, it is essential to look at the attributes and restrictions of the particular site, the site contours and the scale, form and orientation of any proximate or adjoining dwellings. The location, siting, orientation and the design of a proposed new dwelling in a rural location should be sensitive to its surroundings and should seek to integrate as much as possible into the landscape and not be a prominent feature that visually dominates its rural surroundings.6 • Full consideration should be given to solar gain. The orientation of the proposed dwelling and internal layout should seek to maximise energy efficiency.7 • Houses ideally should not break or significantly impose on the skyline when viewed from nearby roads or distant locations. • Direction should be taken from the historic building stock of the area, reflecting regional or local patterns in terms of scale, height, mass, form, layout, proportions, materials and architectural details/features. • Any proposed finish will only be permitted where the Council is satisfied that such finishes are in harmony with the surrounding landscape and the vernacular architecture. • Dwellings which are dominant, intrusive, or incongruous in a rural setting, will be discouraged. • Driveways should follow the contours of the site 4 https://www.kilkennycoco.ie/eng/Services/Planning/Rural-Design-Guide/ 5 Ibid page 34 6 Ibid page 36-38 7 https://www.kilkennycoco.ie/eng/Services/Planning/Rural-Design-Guide page 82

9. Page 339

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   Chapter 13 Requirements for Development Kilkenny City and County Development Plan Volume 1 279 • The design of entrance gates should be in keeping with the rural setting. Applications for a dwelling in a rural area should include detailed drawings and specifications for entrance treatments. The roadside boundary should ideally consist of a sod and stone wall/earth mound planted with a double row of native hedgerow species e.g. Hawthorn, field maple, holly, blackthorn, hazel etc. Block walls and ornamental features will be discouraged8. • The location for a house may impact on the exploitation of natural resources or vice versa, refer to Section 7.5 Extractive Industries in this regard. 13.22.1 Access and Sight Lines The applicant must demonstrate that safe vehicular access to and from a proposed site is provided in terms of visibility from a proposed entrance, but also in terms of impact on road traffic on the adjoining public road, through generation of turning and stopping movements by vehicles leaving and entering the proposed site. Applicants must adhere to the TII document Design Manual for Roads and Bridges (DMRB) and TII Standard DN-GEO-03060 Geometric Design of Junctions when assessing planning applications and the Design Manual for Urban Roads and Streets (DMURS) and TII Standard DN-GEO-03084 ‘The Treatment of Transition Zones to Towns and Villages on National Roads’ where appropriate. Site entrances should be located so as to require the least amount of hedgerow removal in accordance with DMRB requirements. Excessive hedgerow removal will be resisted where setback is considered significant or roadside definition is compromised. Hedgerow removal will also be resisted where several entrances have over time denuded the extent of mature hedgerow along a particular stretch of road. All hedgerows that are required to be removed to achieve sightlines should be reinstated behind the applicable sightlines and maintained so as not to cause any reduction in the extent of sightlines achievable over time. 13.22.2 Wastewater Treatment Systems Kilkenny County Council requires that sites will be assessed in accordance with the EPA Code of Practice Domestic Waste Water Treatment Systems (Population Equivalent ≤ 10) (EPA Code of Practice 2021) or any subsequent revisions or replacement. The person carrying out the assessment must be suitable qualified. Water and wastewater systems for new rural developments shall be located within the subject site. 13.23 General Standards 13.23.1 Standards of Construction Standards for site development works and, in particular, footpaths, sewers, drains and water supply shall be in accordance with the Building Regulations and the Recommendations for Site Development Works for Housing Areas (1998) published by the Department of the Environment and Local Government. 8 Ibid pages 50-55

10. Page 340

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    Chapter 13 Requirements for Development Kilkenny City and County Development Plan Volume 1 280 13.23.2 Rainwater Harvesting The Planning Authority will normally require that all new large scale developments (such as commercial, mixed use and apartment schemes) include rainwater harvesting and/or grey water recycling in their design. 13.23.3 Building Regulations All new dwellings must comply with the Building Regulations. The Planning and Building Regulations are independent of each other and therefore a grant of planning permission does not necessarily mean that any proposed structure complies with the Building Regulations. It is important that the Building Regulations inform and direct the pre-planning of any new structure as attempting to implement the Building Regulations at a later stage could significantly compromise any grant of planning permission. 13.23.4 Building Lines The Planning Authority will normally seek to ensure that development is not carried out in front of established building lines. Generally, it will be an aim to create a continuous building line along a street edge. Consistent building lines will also be encouraged in the design of neighbourhood centres and in new industrial/business park developments, where buildings will have a clear relationship with each other. In built up areas, development which would infringe on an existing building line and would be prejudicial to residential amenity, or orderly development will not be allowed. Building lines may be relaxed in the following cases: • to incorporate key landscape features into the development layout, • to incorporate key landmark buildings, • for innovative designs which can positively enhance the townscape, • for innovative housing layouts, where the traditional set back from the public footpath is flexible due to new designs, with a decreasing emphasis on the minimum required space to the front of dwellings, • to provide important areas of public open space, i.e. squares. 13.23.5 Telecommunications and Broadband For new housing developments, the developer shall facilitate the installation of carrier neutral ducting for telecommunication and broadband services and all permissions will include conditions to facilitate this. 13.24 Shopfronts Shopfronts are one of the most important elements in determining the character, quality and image of retail streets in urban areas. In order to conserve this distinctive character, the Planning Authority will: • Encourage the maintenance of original shopfronts. • Encourage the reinstatement of traditional shopfronts where poor replacements have been installed.

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.