Development plan · Laois County Council
Laois County Development Plan 2021–2027
The council's development plan written statement: its strategy, policies, objectives and development standards.
Laois County Council · 2021–2027 · 317 pages
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- Chapter 4 Housing Strategy 99 | P a g e RURAL AREA DESIGNATION DEFINITION CRITERIA support the development of services and infrastructure and to take pressure off development in the open countryside demonstrate a rural housing need, any of the following criteria should be met: a) the application is being made by a long term landowner or his/her son or daughter seeking to build their first home on the family lands; or b) the applicant is working in rural activities and for this reason needs to be accommodated near their place of work; or c) the application is being made by a local rural person(s)18 who for family and/or work reasons wish to live in the local rural area in which they have spent a substantial period of their lives and are seeking to build their first home in the local rural area 19. STRUCTURALLY WEAK RUJRAL AREAS The rural areas generally exhibit characteristics such as persistent and significant population decline as well as a weaker economic structure based on indices of income, employment and economic growth. These rural areas are more distant from the major urban areas and the associated pressure from urban generated housing. To help stem decline and strengthen structurally weak areas, it is an objective of the Council that in general, any demand for permanent residential development should be accommodated, subject to meeting normal planning and environmental criteria. 18 A ‘Local Rural Person’ is a person who is living or has lived in the local rural area for a substantial period of time prior to making the planning application 19 The ‘Local Rural Area’ for the purpose of this policy is defined as the area generally within a 10km radius of the applicant’s family home
- Chapter 4 Housing Strategy 100 | P a g e Map 4.1: Rural Area Designations 4.6.3 RIBBON DEVELOPMENT The Planning Authority will have regard to the publication Sustainable Rural Housing Guidelines for Planning Authorities [DoEHLG, 2005] in dealing with planning applications involving cases of ribbon development. These guidelines recommend against the creation of ribbon development for a variety of reasons relating to road safety, future demands for the provision of public infrastructure as well as visual impacts. Other forms of development, such as clustered development, well set back from the public road and served by an individual entrance can be used to overcome these problems in facilitating necessary development in rural areas. In assessing individual housing proposals in rural areas the planning authority will therefore in some circumstances need to form a view as to whether that proposal would contribute to or exacerbate ribbon development. Taking account of the above and the dispersed nature of existing housing in many rural areas, areas characterised by ribbon development will in most cases be located on the edges of cities and towns and will exhibit characteristics such as a high density of almost continuous road frontage type development, for example where 5 or more houses exist on any one side of a given 250 metres of road frontage. Whether a given proposal will exacerbate such ribbon development or could be considered will depend on: • The type of rural area and circumstances of the applicant, • The degree to which the proposal might be considered infill development,
- Chapter 4 Housing Strategy 101 | P a g e • The degree to which existing ribbon development would be extended or whether distinct areas of ribbon development would coalesce as a result of the development. 4.6.4 REPLACEMENT DWELLINGS IN THE COUNTRYSIDE There is growing concern that the tendency to replace, rather than upgrade, older rural dwellings. There is a depleting the stock of vernacular rural dwellings and vernacular structures, the preservation of which is increasingly viewed as an important element of the built heritage of County Laois. They usually occupy mature, well secluded settings and as such, sit very comfortably within the landscape. With carefully designed extensions and sensitive restoration, these houses can be brought up to a standard capable of meeting modern day demands. Hence, the Council will encourage applicants and owners along this path in the interests of preserving valuable vernacular heritage. Permission for demolition will only be considered where it is demonstrated that a vernacular dwelling is not reasonably capable of being made structurally sound or otherwise improved. Further information and Development Management Standards on vernacular structures is also provided in Section 12.3.3, Chapter 12 Built Heritage, of the Plan. If a dwelling is not considered to be vernacular or does not make an important contribution to the heritage, appearance or character of the locality, planning permission will be considered for a new dwelling. In this instance the Local Needs Criteria as indicated in Section 4.6.2 does not apply. In cases where a dwelling has been recently destroyed by fire or through an accident, planning permission will be considered for a replacement dwelling. 4.6.5 SERVICED SITES In response to RPO 4.78 of the RSES - Development plans should support the development of a ‘New Homes in Small Towns and Villages’ initiative which would augment the delivery of actions by local authorities, Irish Water, communities and other stakeholders in the provision of services and serviced sites to create ‘build your own home’ opportunities within the existing footprint of rural settlements to provide new homes to meet housing demand, this Plan is supportive of the development of serviced sites within smaller town and villages throughout the County (HPO 12) Currently Laois County Council are working with Irish Water to obtain funding for appropriate water and waste water infrastructure under the Small Towns and Village Growth Programme to develop smaller unserviced settlements such as Coolrain, Timahoe and Emo. Such areas would have the potential to provide serviced sites, providing an alternative to the one off house in the Countryside and strengthen the structure of such smaller settlements. Furthermore, the Settlement Strategy (Volume 2) also indicates where such serviced sites could be accommodated, however their development is dependent on significant investment in infrastructure and agreement with Irish Water. Cluster Housing Schemes in villages should be developed in a sustainable way respecting the unique aspects of the village and the site itself, whilst also responding to current economic and social needs.
- Chapter 4 Housing Strategy 102 | P a g e Rural Housing Policy Objectives RH 1 Support the sustainable development of rural areas in Laois by encouraging growth and arresting decline in areas that have experienced low population growth or decline in recent decades and by managing the growth of areas that are under strong urban influence to avoid over-development, while sustaining vibrant rural communities. RH 2 Having regard to the need to protect the natural resources, environment, landscape and infrastructure, it is Council policy to consider a single dwelling in the countryside subject to meeting the criteria in Table 4.4 in relation to Area of Strong Urban Influence. RH 3 Having regard to the need to protect the natural resources, environment, landscape and infrastructure, it is Council policy to consider a single dwelling in the countryside subject to meeting the criteria in Table 4.4 in relation to Structurally Weak Areas. RH 4 Provide for sustainable rural housing in the county in accordance with the Sustainable Rural Housing: Guidelines for Planning Authorities (DEHLG, 2005) ‘, EPA Code of Practice: Wastewater Treatment Systems for Single Houses (2009) and ensure that any plan or project associated with the provision of new housing is subject to Appropriate Assessment Screening in compliance with the Habitats Directive, and subsequent assessment as required. RH 5 Require all applicants seeking to live in the open countryside to submit proposals with regard to climate action and measures to reduce carbon emissions in this regard. RH 6 Ensure that the provision of rural housing will not detract from the county’s natural and built heritage, economic assets and environment and the planning authority will have regard to the relevant development plan objectives. RH 7 Outside the settlements which are zoned and designated in the Settlement Strategy, all proposed development which is vulnerable to flooding and is located in flood zones A and B must pass the development management justification test. RH 8 Encourage the retention and sympathetic refurbishment, with adaptation if necessary, of traditional dwellings in the countryside in sympathy with the character of the existing building in preference to their replacement.20 RH 9 Facilitate the provision of accommodation for older people and dependant relatives attached to the existing family home subject to compliance with the following criteria: i. be attached to the existing dwelling; ii. be linked internally with the existing dwelling; iii. not have a separate access provided to the front elevation of the dwelling; iv. be of appropriate size and design; v. be capable of being served by adequate foul drainage facilities. RH 10 Promote good rural design through the implementation of Rural House Design Guidelines prepared by Laois County Council in Appendix 7. 20 Planning permission will only be granted for replacement of a dwelling where it is demonstrated that it is not reasonably capable of being made structurally sound or otherwise improved, where the building is not of architectural merit. In this instance consideration will be given to the replacement of an existing dwelling with a new dwelling at the same location, subject to appropriate design, scale of building and normal planning considerations. Local rural housing need shall not apply in this instance.
- Chapter 4 Housing Strategy 103 | P a g e Rural Housing Policy Objectives RH 11 Seek to retain vernacular dwellings and promote their sympathetic renovation and continued use rather than replacement. For this reason there will be a presumption against the demolition of vernacular dwellings and structures where restoration or adaptation is a feasible option21. RH 12 Restrict residential development on a landholding, where there is a history of development through the speculative sale or development of sites, notwithstanding the applicant’s compliance with the local need criteria. RH 13 Encourage the appropriate re-use and adaptation of the existing rural building stock in preference to new build such as vernacular farm building conversions. RH 14 Recognise that exceptional health circumstances, supported by relevant documentation from a registered medical practitioner, may require a person to live in a particular environment. Housing in such circumstances will generally be encouraged in areas close to existing services and facilities and in Rural Settlements. All planning permissions for such housing granted in rural areas shall be subject to a seven year occupancy condition. RH 15 Assess applications for one-off housing, in areas bordering neighbouring counties, where the proposed site is located on family land within County Laois, at a maximum distance of 5km from the county boundary. Applicants will be required to demonstrate that no suitable family owned site is available in the adjoining county and that all other aspects of rural housing policy including local need, siting and design are complied with. The applicant shall also fully demonstrate that they are building their first rural dwelling and that it will be for their permanent place of residence. RH 16 Review the Laois County Council Rural Design Guidelines (Appendix 7) over the lifetime of the Plan. RH 17 Control the level of piecemeal and haphazard development of rural areas close to urban centres and settlements having regard to potential impacts on: (i) The orderly and efficient development of newly developing areas on the edges of towns and villages; (ii) The future provision of infrastructure such as roads and electricity lines; and (iii) The potential to undermine the viability of urban public transport due to low density development RH 18 Discourage ribbon development (defined as five or more houses alongside 250 metres of road frontage). The Council will assess whether a given proposal will exacerbate such ribbon development, having regard to the following: (i) The type of rural area and circumstances of the applicant; (ii) The degree to which the proposal might be considered infill development; (iii) The degree to which existing ribbon development would coalesce as a result of the proposed development; (iv) Local circumstances, including the planning history of the area and development pressures. 21 The requirement to demonstrate local rural housing need shall be waived in cases of retention and upgrade of vernacular dwellings.
- Chapter 4 Housing Strategy 104 | P a g e Rural Housing Policy Objectives Notwithstanding the above, special regard will be given to the circumstances of immediate family members of a landowner on single infill sites in a line of existing dwellings with 5 or more houses along a 250 metres of road frontage. RH 19 Only consider family members for backland development within rural areas in exceptional circumstances. The proposed development shall not have a negative impact on third parties/ neighbouring property owners and viable sites with sufficient independent percolation areas will be required in order to meet technical guidelines. The proposed development shall also comply with Development Management Standards in relation to Backland Development. RH 20 Facilitate the sensitive replacement of a structurally unsound derelict dwelling as an alternative to the construction of a one off dwelling elsewhere in the countryside. The scale of the replacement dwelling shall have regard to the site size. • Documentary evidence in the form of a structural survey and photographs shall be submitted to accompany the application. • The proposed applicant shall be subject to an occupancy condition. RH 21 Log cabins and pods or wooden structures are not vernacular typologies for County Laois and will only be permitted in certain cases where they are integrated into the landscape or where there is a unique siting. RH 22 In addition to complying with the most up-to-date EPA Code of Practice for Wastewater Treatment and Disposal Systems Serving Single Houses, proposals for development in rural nodes shall include an assessment undertaken by a qualified hydrologist, that demonstrates that the outfall from the septic tank will not, in combination with other septic tanks within the node and wider area, contribute towards any surface or ground water body not meeting the objective of good status under the Water Framework Directive. RH 23 Investigate the feasibility of providing/facilitating serviced sites in pilot programmes around the County in rural villages, settlements and small town to cater for urban and rural generated housing need in conjunction with Irish Water’s Small Town and Villages Growth Programme. RH 24 URBAN NATURE BASED SOLUTIONS FOR WASTEWATER SYSTEMS Support the implementation of urban nature based solutions, in accordance with the Guidance Document for planners, developers and developer agents (November 2024). Support the provision of water services, in consultation and agreement with Uisce Éireann, in accordance with Government Circular Letter NSP 01/2026 - Developer Led Infrastructure (DLI) Initiative for Wastewater Services to support Housing Delivery.. This should include traditional mechanical plants and nature based systems, at an appropriate scale adjacent to lands zoned for residential development in towns, villages and the countryside to manage the development of housing in small towns and villages.
- Chapter 4 Housing Strategy 105 | P a g e Development Management Standard for Rural Housing DM RH 1 NEW DWELLING HOUSES IN RURAL AREAS A range of criteria will be used to assess if a rural site is acceptable in principle for a dwelling house. The criteria are detailed in Appendix 7: Rural Design Guidance. New dwellings in the countryside require the following: a) 30 metres of road frontage, unless a considerable set-back from the roadway exists. b) Minimum 0.202 hectares (0.5 acres) of site area. c) Sightlines at the proposed entrance must comply with Laois County Council Parking and Roads Standards indicated in Chapter 10 of the Plan and must be achieved within the boundary of the site only. Excessive removal of hedgerow to achieve adequate sightlines is unacceptable. d) The location and design of a new dwelling shall take account of and integrate appropriately with its physical surroundings and the natural and cultural heritage of the area and respect the character of the area. e) Appropriate landscaping of proposed development using native species. f) The capacity of the area to absorb further development. In particular, the following factors will be examined; the extent of existing development in the area, the extent of ribbon development in the area, the degree of existing haphazard or piecemeal development in the area and the degree of development on a single original landholding. g) In the interests of protecting the biodiversity of the rural areas, the ability to provide safe vehicular access to the site without the necessity to remove extensive stretches of native hedgerow and trees. The need for the removal of extensive roadside hedgerow may indicate that the site is unsuitable for development. h) The ability of a site in an unserviced area to accommodate an on-site waste water disposal system in accordance with the EPA Code of Practice for Wastewater Treatment Systems for single houses (2009), the County Laois Groundwater Protection Scheme, and any other relevant documents / legislation as may be introduced during the Plan period. i) The ability of a site in an unserviced area to accommodate an appropriate on-site surface water management system in accordance with the policies of the Greater Dublin Strategic Drainage Study (2005). j) The need to comply with the requirements of The Planning System and Flood Risk Management Guidelines for Planning Authorities, DEHLG (2009). k) Floodlighting of single family dwellings or the lighting of private roads in rural areas will not be accepted. DM RH 2 INFILL DEVELOPMENT IN A RURAL AREA Limited infill development shall be permitted in rural areas where the proposed site shall coalesce the existing linear pattern of development and shall not be located at the end of a line of houses but on a vacant site within the existing linear form of development subject to the following: • The applicant satisfies the local need criteria contained in Table 6; • Evidence is provided that no other sites are available on the applicants or family landholding that can be developed;
- Chapter 4 Housing Strategy 106 | P a g e • Wastewater treatment can be provided for the proposed dwelling in line with the EPA Code of Practice (2009); • Maintains the existing building line and established lengths of site frontage with adjacent dwellings; • Complies with the road standards in the Roads and Parking Standards (2007) or amended document; • Has a minimum 0.202 hectares (0.5 acres) of site area; • The house design proposed is in line with the advice contained within the following: o The Landscape Character Assessment contained in Appendix 6 o The Rural Design Guide contained in Appendix 7 DM RH 3 REPLACEMENT DWELLINGS IN RURAL AREAS The demolition of a dwelling house, other than a vernacular dwelling, in the countryside and the construction of a new dwelling house in its place shall be considered where: • The structure proposed for demolition is habitable - The structure must last have been used as a dwelling and the internal and external walls and roof must be intact; • A report from a suitably qualified competent person shall be submitted to verify that the dwelling is habitable but that replacement of the dwelling is the most sustainable option; • A replacement structure will only be accepted where the replacement dwelling is of equal or superior merit; • Refer to Rural; Design Guidance in Appendix 7 for policy on siting, design and landscaping. DM RH 4 WASTEWATER TREATMENT (UNSEWERED PROPERTIES) The Council will ensure that; • only on-site wastewater treatment systems that are of a suitable design and located in a suitable area will be permitted; • the provision of wastewater treatment for single houses meets with the requirements of the EPA Code of Practice 2009 and an subsequent updates; The use of alternative wastewater treatment systems for un-sewered properties, such as wetlands and reed beds and the need for tertiary treatment of wastewater will be considered on a case-by-case basis. DM RH 5 BACKLAND DEVELOPMENT IN RURAL AREAS The proposed development shall comply with the following siting and design criteria: • Only single storey bungalow (including attic accommodation) type houses will be allowed in such backland locations to limit visual impact and overlooking. • Sufficient screening will be required to screen the house from adjacent homes and this has to be in place prior to occupation of the house.
- Chapter 4 Housing Strategy 107 | P a g e • A shared entrance with the existing dwelling to the fore on to the accessing road shall be permitted only. • The site shall be capable of accommodating an on site waste treatment system in compliance with EPA Code of Practice 2009 and any subsequent update. DM RH 6 SERVICED SITES • A serviced sites development may be planned and designed as a complete development but may also be developed on a phased basis, where one or a number of units may be built at a time. • The density of each individual site will be influenced by servicing requirements, the character of the settlement and the natural features of the site. • Plot areas, site subdivision and location of the treatment plant will be informed by whether the site is to be serviced by public services (e.g. connection to waste or water network) or individual on-site services (e.g. private well or waste water treatment system). • Where a serviced site scheme is proposed a design statement shall be prepared to assist future home owners in designing their own bespoke home. 4.7 GROUPS WITH SPECIFIC PLANNING NEEDS There are a number of groups in society with specific design and planning needs including: children/young people, people with disabilities, older people, ethnic minorities and the Traveller community. The Council recognises the importance of planning for the needs of these groups. 4.7.1 CHILDREN AND YOUNG PEOPLE The ESRI projection indicate that the number of people 15 and under will decline by 10% by 2040. The 2016 Census states that County Laois has a population where 31% are aged under 19 years and a birth-rate of 13. This has a bearing on the present and future need for facilities such as childcare, play areas for children, sports facilities, schools and safe walking and cycling routes in the County and the importance of bringing together key voluntary providers of services to children and young people such as Comhairle Na N-Og and Laois/Offaly Children and Young Peoples Services Committee. 4.7.2 OLDER PEOPLE In 2016, County Laois had a slightly lower than average proportion of older adults with approximately 11% of the population in the County aged 65 or over, compared to the national average of approximately 13%. This will mean that the demand for nursing homes, residential care homes and sheltered housing accommodation is continuing to grow. It also means that our housing developments need to be adaptable to cater for the future changing needs of our aging population. The ‘Age Friendly Ireland’ Initiative is a key policy document that provides leadership and guidance in identifying the needs and opportunities of an ageing population. Laois Age Friendly County Strategy 2016 - 2021 sets out key commitments for improvement to the areas of infrastructure, transportation, services and information. 4.7.3 PEOPLE WITH DISABILITIES People with disabilities and mobility impairment face particular physical barriers to access and movement. The Council will ensure that development of all types provide mobility and access for
- Chapter 4 Housing Strategy 108 | P a g e people with disabilities in order to remove barriers to involvement in community, having regard for the National Disability Authority’s document ‘Building for Everyone: A Universal Design Approach – Planning and Policy’ (2012) and Laois Public Participation Network ‘Access for All Report’ (2019). 4.7.4 TRAVELLER COMMUNITY The Traveller Accommodation Programme 2019 – 2024 for County Laois assessed the need for Traveller accommodation in the County. It sets out the Council’s policy regarding the provision of Traveller accommodation. According to the 2016 Census, 780 members of the Travelling Community are living in Laois. The Council will endeavour to provide accommodation for members of the Travelling Community. 4.7.5 MINORITY GROUPS Laois is becoming an increasingly diverse County. According to the Census 2016, non Irish nationals account for 11.8% of County’s population in comparison to 11.6% nationally. Portlaoise has one of the highest levels of non national residents, which accounts for 22% of the population. In this regard, service provision and community facilities in these areas should reflect the varying needs of the community. Groups with Specific Planning Needs Policy Objectives HPO 22 Consider the needs of children and young people, including those with disabilities and additional needs, in the provision of indoor and outdoor recreational facilities. HPO 23 Ensure that all buildings, public and open spaces, recreational and amenity areas are accessible for people with disabilities, having regard to the Building Regulations, the objectives of ‘Building for Everyone’ (National Disability Authority) and ‘Access for the Disabled’. HPO 24 Provide for the needs of people with visual and mobility difficulties in the design of pedestrian facilities, by assessing the options available and choosing the most appropriate design to implement on a case by case basis. HPO 25 Continue to develop and implement the Age Friendly Programme and Actions and to investigate the possibility of expanding the programme into other towns and villages throughout the County. HPO 26 Facilitate the provision of continuing care facilities for the elderly, such as own homes (designed to meet the needs of elderly people), sheltered housing, day-care facilities, nursing homes and specialised care units (e.g. dementia specific units) at appropriate locations throughout the County. HPO 27 Cater for the diversity of older people’s needs by promoting adaptability and flexibility in the design of homes, and the promotion of appropriate commercial and community facilities in population centres with higher proportions of older people. HPO 28 Ensure that all new housing contemplates the principles of adaptability and flexibility, and addresses the changing needs of the homeowner, to facilitate a lifelong home for people and independent living in relation to housing for older people. HPO 29 Support the concept of independent living and assisted living for older people, as well as the provision for specific purpose-built accommodation.
Source Laois County Council: Laois 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.