Kilkenny City and County Development Plan 2021–2027

1. Page 341

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   Chapter 13 Requirements for Development Kilkenny City and County Development Plan Volume 1 281 • Promote modern design and high-quality materials where new shopfronts on new or modern buildings are being proposed. Where existing shopfronts are of no special merit, total replacement with a contemporary design is acceptable and if sensitively handled can greatly enhance the appearance of the street. • Encourage the use of high-quality natural materials in shopfront design. Modern ‘multiple’ formats which have adopted a corporate image will not necessarily be allowed to use their standardised shopfront design, corporate colours and materials. Such companies should be encouraged to ensure that their particular fascia takes account of the character of the street and local area. The removal of street doors giving separate access to upper floors will not be permitted unless alternative separate access is provided. 13.24.1 Fascia Signage As a general principle, fascia signs should be simple in design and not excessive in illumination or size. The following basic guidelines will be applied in assessing planning applications for fascia signage in architectural conservation areas (the term ‘shopfront’ is used to refer to all commercial ground floor facades including restaurants, public houses etc.): • Hand painted timber fascia’s will be encouraged in existing traditional shopfronts. • Plastic derived fascias will not be permitted in new or existing shopfronts. • Internally illuminated box fascia’s will not be permitted. • Natural materials (e.g. wood, metal etc.) will be permitted. Man-made materials (e.g. plastic, uPVC etc.) will not be permitted. • The construction of nameplate fascia’s linking two or more buildings is generally unacceptable. 13.24.2 Security Shutters The installation of security shutters on the external façade of a building can have a detrimental impact on the character of the shopping streets at night and thereby detract from the visual amenity of the area. The Planning Authority will discourage the use of such shutters. Alternatives to roller shutters, such as the use of demountable open grilles, will be preferred where security needs are involved. Demountable grilles can be attractively designed and can positively contribute to the character of the shopfront and the street. The erection of a security shutter and its associated screening requires planning permission. Where security shutters are considered to be essential because of the type of business transacted or goods stored, the Planning Authority may in exceptional circumstances permit them provided that they meet the following criteria: • They must be open grille type (not perforated or solid) • The colour must match the shopfront colour scheme. • Where possible they must be located, together with their associated housing, behind the window display.

2. Page 342

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   Chapter 13 Requirements for Development Kilkenny City and County Development Plan Volume 1 282 13.24.3 Canopies and Blinds Planning permission is required for the erection of canopies. Each planning application will be considered on the basis of need for and function of the canopy. Full details of the canopy structure will be required at planning application stage, i.e. materials proposed, canopy size (open and closed), blind box location and arm design. The following basic guidelines will be applied in assessing planning applications for canopies and awnings: • Canopies of traditional design and materials will be favoured, i.e. canvas canopy, wrought iron arms, timber blind box etc. • The use of plastic and/or uPVC will not be permitted. Curved or Dutch canopies will not be permitted. • Canopies and awnings shall not be used for advertising purposes other than the name of the premises. • Canopies shall be positioned to avoid covering any distinctive architectural elements such as fascia or pilasters. They will not be permitted where they detract from the character of the shopfront or buildings of special architectural interest. Blinds were traditionally incorporated into the shop front fascia and designed to retract into it when not required. This is still the best way to handle a blind where one is required. 13.24.4 Lighting Internally illuminated facias or projecting box signs will not be permitted. Concealed strip or flood lighting and spotlights may be an acceptable alternative. The internal lighting of the shop window is preferable to the external lighting of the building or shopfront. 13.24.5 Signage and Advertising The over-riding principle is the avoidance of visual clutter and an improvement in the quality of the commercial character of the towns and villages throughout the county. It is also regulated in the interests of road safety. Advice and guidance in respect of signage on national roads concerning major tourist and leisure features is outlined in the TII’s Policy on the Provision of Tourist & Leisure Signage on National Roads9. Advertising signs, either individually or particularly in groups, can have either a positive or negative impact on the character of a building, street or area depending on their design, size and location. The Planning Authority will strictly control all advertising signs in relation to their location, design, materials and function and will restrict non-essential advertising structures or any advertising structure which would impact injuriously on amenity, the built environment or road safety. The following basic guidelines will be applied in assessing planning applications for signs and advertising structures: 9 National Roads Authority, Policy on the Provision of Tourist & Leisure Signage on National Roads, 2011

3. Page 343

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   Chapter 13 Requirements for Development Kilkenny City and County Development Plan Volume 1 283 • Individual signs should be designed for the building it will be displayed on. A bespoke sign can be a piece of art in its own right if carefully designed and made of high-quality natural materials. Signs shall be sympathetic in design and colour both to the building and its surroundings. • Plastic/Vinyl banner-type signs will be discouraged. Projecting signs, banners and flagpoles will be restricted in size and number to prevent clutter. • Natural high-quality materials (e.g. wood, metal etc.) will be encouraged. Man-made materials (e.g. plastic, uPVC etc.) will not be permitted in ACA’s. The use of neon, LED or similar lighting, plastic, PVC, Perspex flashing, reflectorized or glitter type signs on the exterior of buildings will be prohibited. Traditional painted signs and wrought iron hanging signs will be encouraged. • The use of contact signage, applied directly to the glass of a shop window, is an undesirable form of signage as it creates a visual barrier between the shop floor and the street. This will be actively discouraged. • Signs shall not obscure architectural features or details. Signs will not be permitted above eaves or parapet levels or to project above the roofline of buildings. • Signs will not be permitted where they interfere with the safety of pedestrians, the safety and free flow of traffic or if they obscure road signs. Signs attached to buildings are preferable to those on freestanding hoardings. The Planning Authority will strictly control roadside signage in the interests of visual amenity and road safety. The Spatial Planning and National Roads Guidelines provide guidance in this regard, see Section 3.8. • Favourable consideration may be given, in consultation with business groups, to the erection of composite advance signs on which the facilities available in the settlement will be declared. Due to the damage which a proliferation of large, competitive advance signs can cause to the appearance and image of the important entrance routes into an area, the local authorities will seek to phase out individual advance signage as the opportunity arises. Applicants should note that signposting requires a licence from the Local Authority and the requirements of the Traffic Signs Manual (Department of Transport, Tourism and Sports, 2010) should be adhered to. 13.24.6 Fast Food Take Away Proposals for the development of these facilities will generally only be acceptable in areas of mixeduse activity such as town or village or neighbourhood centres. Planning applications for new fast food take-away uses will be considered on their own merits. Regard will be had to the impact of the takeaway on the amenities of the area, including noise, odour and litter. The Planning Authority may impose restrictions on opening hours of such uses as a condition of a planning permission. Full shopfront details will be required at application stage to assess the visual suitability of proposals in the area. 13.25 Seveso sites (Control of Major Accident Hazards involving Dangerous Substances) Regulations 2015 (S.I. No. 209 of 2015) (the “COMAH Regulations”), implement the Seveso III Directive (2012/18/EU). Part 7 of the COMAH regulations 2015 provides that appropriate consultation procedures must be put in place to

4. Page 344

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   Chapter 13 Requirements for Development Kilkenny City and County Development Plan Volume 1 284 ensure that before decisions are taken, technical advice is available to Planning Authorities in respect of: (a) the siting and development of new establishments; (b) modifications to establishments of the type described in Regulation 12(1); (c) new developments including transport routes, locations of public use and residential areas in the vicinity of establishments, where the siting, modifications or developments may be the source of, or increase the risk or consequences of, a major accident. There are three Seveso sites within the County as follows, on the Tullaroan Road in Kilkenny city, Raheen, Rosbercon, New Ross and at Christendom in the Ferrybank area in the environs of Waterford City. In considering alterations, extensions etc. within existing Seveso sites the Council will be guided by technical advice provided by the Health and Safety Authority (HSA) in respect of any planning applications in addition to normal planning considerations. Similarly, for planning applications within the Seveso Consultation Distance of the perimeter of the Seveso site the Planning Authority will be guided by advice provided by the HAS in addition to normal planning criteria. 13.26 Service Stations The role of service stations has evolved over the years with the expansion into small scale retail and rest/food areas from merely selling fuel. Ancillary uses may include tyre repair, collection points for online retail activity and self-service launderettes. In assessing planning applications for new or redeveloped service stations, the following considerations will be considered • All new petrol stations and refurbished existing stations will require a high standard of design and layout. The forecourt canopy should be integrated into the overall design and sited so that it does not dominate the surrounding buildings. • Rapid EV charging point(s) will be required and to be clearly demarcated with appropriate signage, in line with the Climate Mitigation strategy on electric vehicles. • Petrol stations will not generally be permitted in residential areas, unless it can be clearly demonstrated that no significant damage to residential amenities will occur by reason of factors such as noise, visual obtrusion, safety considerations or fumes and smells. Consideration may also be given to the limiting of the hours of operation of petrol stations in these circumstances. Car washing facilities should be sited so as not to interfere with residential amenities. • Any application for a new petrol filling station should provide sufficient road frontage, clear visibility, two points of access, sanitary convenience for public use • Landscaping and suitable screening shall be required to protect the amenity of the surrounding area and enhance the appearance of the development • In rural areas petrol stations will not be permitted where they will have a detrimental impact on the surrounding views and prospects, scenery or general amenities. • Signs should be limited in number and design and located so as to generally form part of the buildings or other structures on site. The placing of signs of any description on footpaths, grass verges or any part of a public roadway will not be permitted. In certain circumstances and

5. Page 345

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   Chapter 13 Requirements for Development Kilkenny City and County Development Plan Volume 1 285 depending on the location, the use of standard corporate designs and signage for petrol stations may not be acceptable • Forecourt lighting, including canopy lighting, should be limited to that which is necessary for the safe operation of a petrol station and should not interfere with the amenities of adjoining premises • The sale of goods from a petrol station may only be permitted as an ancillary small-scale facility which would remain secondary to the use as a petrol filling station where it would not adversely affect local amenities. As per the Retail Planning Guidelines (DECLG, 2012), the petrol/filling station shops floorspace cap is 100m2 net. Planning applications for the provision of such shops shall be specifically applied for. • Parking bays/aisles must be located so as to minimise pedestrian/vehicular conflict. • As regards service stations, the Council will have regard to the provisions of Section 2.8 of the Spatial Planning and National Roads Guidelines 2012. 13.27 Development Contributions The Council will require financial contributions in accordance with a development contributions scheme adopted by the Council under S.48 of the Planning and Development Acts 2000-2011 (or other relevant legislation as may be enacted from time to time). Such contributions are in respect of the capital expenditure necessary for the provision of public infrastructure and facilities benefiting development in the County, and that is provided, or that it is intended will be provided, by or on behalf of the Council. 13.28 Bonds To ensure that developments undertaken by private developers are satisfactorily completed, developers will be required to provide cash deposits or submit a bond from an insurance company or other financial institution acceptable to the Planning Authority for the satisfactory completion of developments and their ancillary services. This bond or surety is to be submitted before development is commenced. In the case of residential developments, the bond will only be released when the estate has been fully completed to the satisfaction of the Planning Authority and has been formally taken in charge by the Planning Authority. 13.29 Tree and Hedgerow Preservation To ensure that trees and hedgerows are protected on a site which has been the subject of a grant of planning permission, a cash lodgement/bond may be required, the amount of which shall be determined by the Planning Authority. Development will not generally be permitted where there is likely damage or destruction either to trees protected by a Tree Preservation Order or those which have a particular local amenity or nature conservation value, or are listed in the Survey of Mature Trees in City and Environs. Development that requires the felling of mature trees of amenity value, conservation value or special interest, even though they may not be listed in the Development Plan, will be discouraged.

6. Page 346

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   Chapter 13 Requirements for Development Kilkenny City and County Development Plan Volume 1 286 The replacement of hedgerows/trees shall have due regard to the ecological function of hedgerows as a wildlife corridor. When planting new hedgerows, a mixture of native species shall be proposed and this shall occur at the commencement of building works and should link to existing hedgerows to aid ecological networks. Where trees and hedgerows are identified and affected by a proposed development, a survey will be required and completed in accordance with BS 5837 Trees in relation to design, demolition and construction – Recommendations 2012. In general, the following requirements should be addressed where the protection of existing trees and landscaping issues arise: • Topographical Survey - Accurately measured showing all relevant site features. • Soil assessment – where appropriate to determine whether a soil is shrinkable, that may cause the potential for indirect damage. Soil structure composition and PH for the provisions of new planting. • A tree survey - details trees and hedgerows identified on the topographical survey and on land adjacent to the development site, including individual trees, groups of trees and woodlands. Identifying tree dimensions, quality and retention value in accordance with the context of the proposed development (see sections 4.5 Table 1+2 of BS 5837). • The tree survey - should identify the constraints posed by trees, both above and below ground, which will inform the site layout design. Constraints include, the presence of a Tree Preservation Order (TPO), the existing and eventual crown spreads of trees and their unreasonable obstruction of light etc. • Arboricultural Impact Assessment - a report should be compiled by an arboriculturist using the data collated from the site survey. The report should assess the impact and the effects the proposed design has directly and indirectly on the trees and where necessary recommends mitigation. • A Tree Protection Plan – details the proposed design layout shown on a plan with all trees clearly identified with their root protection areas (RPA) annotated based on the topographical survey to include all trees. The classification of each tree and the required protection measures during development. New Planting – takes account of existing landscape features and is essential for consideration in the layout, design and future use of a proposed development. New planting should account for the future growth of canopies, stems and root systems to maturity and their potential effects on existing site structures. • Arboricultural Method Statements – demonstrates how unavoidable construction operations may take place within the RPA or crown spread of trees (whichever is greatest), clearly demonstrating how these operations will have a little detriment to retained trees. These operations may include but are not exclusive to: - a. Temporary access b. Installation of service runs

7. Page 347

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   Chapter 13 Requirements for Development Kilkenny City and County Development Plan Volume 1 287 c. Construction of hard standing d. Foundation excavations e. Subterranean structures e.g. basement extensions 13.30 Zoning objectives (See Figure 4.3 New Ross Environs) The purpose of zoning is to indicate to property owners and the general public the types of development which the Council considers most appropriate in each land use category. It is the intention of the Planning Authority that the zoning of particular areas for a particular use shall not in itself exclude other uses in that area provided they are compatible with the dominant use. Zoning is designed to reduce conflicting uses within areas, to protect resources and, in association with phasing, to ensure that land suitable for development is used to the best advantage of the community as a whole. In the following paragraphs: • Permissible use means a use, which is acceptable in the relevant zone. However, it is still the subject of the normal planning process. • Open for consideration means a use which may be permitted where the Council is satisfied that the individual proposal or development will be compatible with the policies and objectives for the zone, and will not conflict with the permitted uses and also conforms with the proper planning and development of the area. 13.30.1 Agriculture Objective: To conserve and protect agricultural land from interference from non-agricultural uses. To prevent development of agricultural land adjacent to development areas. Permissible uses: Agriculture, horticulture, public service installations Open for consideration: Public open space, guesthouse, restaurant, nursing home, dwelling houses in certain limited cases, halting site, private open space Housing on lands zoned Agriculture: Housing on lands zoned “Agriculture” will be restricted to the following categories of persons: • Immediate members of farmer’s families (sons /daughters) and/or; • Person whose primary employment is in agriculture, horticulture, forestry or bloodstock, or other rural based activity in the area in which they wish to build)

8. Page 348

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   Chapter 13 Requirements for Development Kilkenny City and County Development Plan Volume 1 288 13.30.2 Community Facilities Objective: To protect, provide and improve community facilities. Permissible Uses: Educational, religious and cultural facilities, public buildings, crèches, schools, churches, hospitals, convents, community centres and halls, school playing fields, colleges, orphanages, hostels, halting sites, cemeteries, libraries and medical centres, nursing homes Open for Consideration: Public service installations, Gymnasiums, Town Centre uses which would not conflict with the other objectives of the Plan and which would be in accordance with the proper planning and sustainable development of the area. 13.30.3 General Development New Ross Objective: To provide for the development and improvement of appropriate uses in areas where existing commercial uses have established and allow for the development of the settlement as a focus for local services, sustaining and strengthening its role as a population centre. The purpose of this zone is mainly to reflect the existing uses that have established in this zone and to allow for their improvement and expansion as necessary to improve retailing, residential, commercial, office, cultural and other uses appropriate to the further development of the settlement. Permissible Uses: Dwellings, retailing, wholesale outlets, offices, public buildings or places of assembly, cultural or educational buildings, recreational buildings, halting sites, hotels, motels, guest houses, clubs, private garages, open spaces, public service installations, medical and related consultants, restaurants, public houses, car parks, halls or discotheques, and other uses as permitted and open for consideration in residential zoning. Open for Consideration: workshop or light industry, retail warehousing, gymnasium. 13.30.4 Industrial Objective: To provide for industrial and related uses and at Raheen, New Ross uses related to the development and enhancement of the Kilkenny Greenway. Permissible Uses: Industrial premises and ancillary offices, open spaces, warehouses, car and heavy vehicle parks. In New Ross developments related to the operation and enhancement and enjoyment of the Kilkenny Greenway such as tourist accommodation, restaurant, bicycle hire etc. Open for Consideration: Petrol filling stations, service stations, car showrooms, advertisement structures, wholesale premises, public service installations, play school/crèche. Flood Risk: All proposed development within this zone which falls within flood zone A or B shall be subject to a site specific flood risk assessment. No highly vulnerable uses (as set out in the Flood Risk Management Guidelines) other than extensions to existing structures and uses, will be permitted

9. Page 349

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   Chapter 13 Requirements for Development Kilkenny City and County Development Plan Volume 1 289 within Flood Zone A or B. Less vulnerable uses will also not be allowed within Flood Zone A other than extensions to existing structures and uses as set out in the Flood Risk Management guidelines. 13.30.5 Mixed Use (New Ross Environs) Objective: To encourage the development of underutilised and brownfield lands with a view to consolidating and adding vitality to these areas and ensuring the efficient use of urban lands. A mix of uses such as residential, commercial, community, tourism and recreation are envisaged. Any retail development proposed shall comply with the requirements of the Retail Strategy. Significant development proposals on this site must be made in the context of a masterplan/design statement for the former Albatross site, situated in both the Kilkenny County Council and New Ross Town Council jurisdictions. This master plan shall be prepared in consultation with both these authorities. There shall be an emphasis on the attainment of an appropriate mix of uses to include recreation, leisure, tourism, offices, residential and public open spaces. Uses open for consideration will reflect the zoning objective above and will be agreed through the Master Plan process. Gymnasiums shall be open for consideration. 13.30.6 Amenity / Green links/Biodiversity conservation/ Open Space/Recreation Objective: To allow for green links and biodiversity conservation and to preserve, provide and improve recreational open space. Permissible Uses: Open space Open for Consideration: Sports clubs, recreational buildings, stands, pavilions, agricultural uses, public service installations. 13.30.7 Existing Residential Objective: To protect and improve residential amenities and to provide for new residential development appropriate to the scale and character of the settlement. Permissible Uses: Dwellings, open spaces, places of worship, community centres, halting sites, public service installations, playgroup or crèche, Nursing home. Open for Consideration: Bed and breakfast establishments and guesthouses, lock up garages, retail shop of local convenience not more than 100 sqm in gross area, hotel, restaurant, and use by owner or occupier of part of a private residence as a studio, for a light industrial activity, a clinic or surgery, professional office, gymnasium or as a playgroup or crèche.

10. Page 350

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    Chapter 13 Requirements for Development Kilkenny City and County Development Plan Volume 1 290 13.30.8 Residential (low density) Objective: To provide for low density residential development appropriate to the scale and character of the settlement. The maximum residential density to be permitted here shall be 5 dwellings to the acre, depending on servicing arrangements. Permissible Uses: Dwellings, open spaces Open for Consideration: Places of worship, community centres, halting sites, public service installations, playgroup or crèche, Nursing home, Bed and breakfast establishments and guesthouses, lock up garages, retail shop of local convenience, hotel, public house, restaurant, use by owner or occupier of part of a private residence as a studio, for a light industrial activity, a clinic or surgery, professional office, or as a playgroup or crèche. 13.30.9 New Residential Objective: To provide for new residential development and communities at appropriate densities and protect and enhance amenities of existing residential areas. Open for Consideration: Gymnasiums 13.31 Non-Conforming Uses Throughout the county there are uses which do not conform to the zoning objectives for the area. Extensions and improvement of premises accommodating these uses may be permitted where the proposed development would not seriously injure the amenities of the area or prejudice the proper planning and development of the area. In some cases, the Planning Authority may encourage relocation of permitted incompatible uses, for example by exchange of sites.

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.