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 89 | P a g e amendments. Within these Guidelines a range of residential densities are prescribed, dependent on location, context, scale and availability of public transport. DM HS 4 LANDSCAPING AND PUBLIC OPEN SPACE IN RESIDENTIAL DEVELOPMENTS Public open space shall be clearly defined and be of high quality design and finish which is easily maintained, easy to access from all parts of the development, easy to use including by people with disabilities, has good lighting and natural surveillance and is enjoyable to use, walk and cycle around all year round. These spaces should include informal play spaces, safe well-lit pathways which will facilitate children learning to cycle, adults able to walk safely and encouraging social interaction between local residents. A detailed plan for hard and soft landscaping should be submitted for each development. It should propose planting in public and private areas. Landscaping should contribute to the overall attractiveness of the development and be easily maintained. Public open space shall comprise of the following: • In large infill sites or brown field sites public open space should generally be provided at a minimum rate of 10% of the total site area. • In greenfield sites, the minimum area of open space that is acceptable within the site is 10% of the total site area. • In all other cases, public open space should be provided at the rate of 10% of the total site area. • Where a public space is not fully usable due to the presence of infrastructure or occurrence of repeated flooding, the Council will require this to be offset by provision at another location, or addressed through a financial contribution in lieu of the shortfall arising, in accordance with the Council’s Development Contribution Scheme. SuDS are not generally acceptable as a form of public open space provision, except where they contribute in a significant and positive way to the design and quality of open space. Where the Council considers that this is the case, in general a maximum of 10% of the open space provision shall be taken up by SuDS. DM HS 5 PUBLIC OPEN SPACE PROVISON FOR HOUSING DEVELOPMENTS No. of Dwellings Amenity Required <25 Landscaped passive recreational area (sitting out and setting) Active amenity open space (Ball Games) 26-99 Landscaped passive recreational area (sitting out) Active amenity open space (Ball Games) Areas for younger children (Play area/ground) (min.100m2) OR
- Chapter 4 Housing Strategy 90 | P a g e Public open space shall have the following characteristics: • Public open space shall be clearly defined, easily maintained, easy to access from all parts of the development, easy to use including by people with disabilities, have good lighting and natural surveillance and is enjoyable to use, walk and cycle around all year round • Areas of public open space should be generally flat. While some undulation may be incorporated as a design feature, areas with high gradients, containing swales or attenuation ponds, or otherwise impractical to function effectively as amenity / play areas, will not be acceptable as open space. • Narrow tracts of land (less than 10m) or pieces of land ‘left over after planning’ are not acceptable. • Public open space should be innovative in its design approach, and designed to be functionally accessible to the maximum number of dwellings within the residential area. • Public open space should be overlooked by as many dwellings as possible. • Houses shall not generally be permitted to back onto public open spaces. • Natural features and biodiversity, e.g. trees, hedgerows and wetland sites, should be retained, protected and incorporated into public open space areas. • Appropriate pedestrian and cycle linkages between open spaces should be clearly indicated on the site layout plan. Existing and proposed areas of open space should be linked where possible -Multi Use Games Area (tennis/basketball) 100+ Landscaped passive recreational area (sitting out) Active amenity open space (Ball Games) Areas for younger children (Play area/ground) (min.200m2) -Multi Use Games Area (tennis/basketball) -Grass sports pitch/ playing fields or -Multi Use Games Area (tennis/basketball) DM HS 6 PRIVATE OPEN SPACE IN HOUSING RESIDENTIAL DEVELOPMENT All houses (terraced, semi-detached and detached) should have an area of private open space behind the building line. House Size Minimum Private Open Space Requirements 1 Bed House 20 sq.m 2 Bed House 30 sq.m 3 Bed House 40 sq.m
- Chapter 4 Housing Strategy 91 | P a g e 4 Bed+ House 50 sq.m Private open space shall be designed to maximise sunlight, privacy and shelter from winds and shall normally be located to the rear of dwellings. Narrow or awkward spaces, spaces which are not private and spaces also used for parking will be excluded from private open space area calculations. In general, minimum separation distances that exceed 16 metres between opposing windows serving habitable rooms at the rear or side of houses, duplex units or apartment units above ground floor level. When considering a planning application for residential development, a separation distance of at least 16 metres between opposing windows serving habitable rooms16 at the rear or side of houses, duplex units and apartment units, above ground floor level shall be maintained. Separation distances below 16 metres may be considered acceptable in circumstances where there are no opposing windows serving habitable rooms and where suitable privacy measures have been designed into the scheme to prevent undue overlooking of habitable rooms and private amenity spaces. The Council will only consider exceptions to the standards in exceptional circumstances where an otherwise high quality design solution is proposed, which has full regard to the characteristics and context of the site. Discretion of this standard will be dependent on-site layout characteristics and flexibility may be employed where performance-based criteria can be adequately demonstrated. (For example, where a side garden of equal or greater dimensions can be substituted for rear garden space and where a situation of overlooking is demonstrably avoided). DM HS 7 PRIVATE OPEN SPACE IN APARTMENT DEVELOPMENTS It is a specific planning policy requirement that private amenity space shall be provided in the form of gardens or patios/terraces for ground floor apartments and balconies at upper levels. These spaces must be of a certain minimum depth of at least 1.5m, to be useful from an amenity viewpoint, e.g. to accommodate chairs and a small table. Vertical privacy screens should be provided between adjoining balconies and the floors of balconies should be solid and self-draining. Minimum floor areas for private amenity space in apartments Studio One bedroom Two bedroom Three bedroom 4 sq m 5 sq m 7 sq m 9 sq m DM HS 8 OVERSHADOWING OF DWELLINGS AND OPEN SPACE High buildings or when new buildings are located close to adjoining structures may significantly overshadow dwellings and open space. Daylight and shadow projection diagrams should be submitted for such proposals. The recommendations of ‘Site Layout Planning for Daylight and Sunlight: A Guide to Good Practice’, (B.R.E. 1991)
- Chapter 4 Housing Strategy 92 | P a g e or B.S. 8026 ‘Lighting for Buildings, Part 2 1992: Code of Practice for Day lighting’ should be followed in this regard. DM HS 9 INTERNAL SPACE STANDARDS IN HOUSING DEVELOPMENTS The design and layout of individual dwellings should provide a high quality living environment for residents. Designers should have regard to the targets and standards set out in Table 5.1 of the Quality Housing for Sustainable Communities Guidelines, DCHLG (2007) with regard to minimum room sizes, dimensions and overall floor areas when designing residential accommodation. DM HS 10 BOUNDARY TREATMENTS The side boundaries of rear gardens shall be 1.8m-2m in height and shall be formed by high quality boundary treatments such as concrete block walls or concrete post and rail fencing. Two-metre-high concrete walls shall be provided between all areas of public open space and gardens to the rear of dwellings. The walls shall be suitably rendered and capped in a manner acceptable to the Council. Concrete screen walls along public spaces should be avoided through quality design but where it is not possible to do this, they should be suitably rendered and capped. Proposals for planting along the public side of the wall shall be included on a landscaping plan. An additional inner grass verge shall be provided at the footpath to facilitate this if necessary. In the interest of passive surveillance, where side boundary walls adjoin the public footpath, the walls shall be a maximum of 1 metre in height as far as the rear building line of the dwelling (beyond which a 2m wall may be provided). Landscaping along boundary walls is also encouraged to promote biodiversity and green infrastructure. Open plan front gardens will generally be discouraged and will only be acceptable in innovative layouts and where a high level of safety is achieved and services can be accommodated at a location which meets the needs of service providers. Open plan gardens will not be permitted on main access roads. In general, where provided, front boundaries shall be defined by walls or fences at least 0.5 metres high in keeping with the house design and to a uniform scheme design. DM HS 11 REFUSE/RECYCLING The Council will require that all developments include convenient and well-designed proposals for the storage of waste and recycling receptacles (3 receptacles per home). Secure pedestrian access shall be provided to the rear of terraced homes where appropriate. Sustainable waste reduction measures shall also be included in all proposals.
- Chapter 4 Housing Strategy 93 | P a g e DM HS 12 BRING BANKS Bring bank facilities will generally be required at appropriate locations in the following developments: • Significant new commercial developments, or extensions to same; • Mixed use developments, proposals should provide recycling facilities to serve residents; One bring centre per residential development of 1,250 persons. DM HS 13 NAMING OF ESTATES Naming and numbering of residential estates shall be approved in advance by the Placenames Committee of the Planning Authority. Developers must submit the following: • Proposed placename; • Reasons for their choice. Naming of streets and residential estates shall reflect the local place names and local people of note, heritage, language or topographical or landscape features as appropriate and shall incorporate old place names from the locality as much as possible. The use of bi-lingual and Irish-Language signs will be encouraged. Signage should be of appropriate size and material and shall be erected in a timely manner. DM HS 14 HOUSE EXTENSIONS/ALTERATIONS IN URBAN AND RURAL AREAS Extensions and alterations to dwellings should: 1) Be of a scale and position which would not be unduly incongruous with its context; 2) Harmonise with the principal building and fit into the site and surrounding area in terms of scale, bulk, form and materials. 3) The design and finish of the proposed extension need not necessarily replicate or imitate the design and finish of the existing dwelling. More contemporary designs and finishes often represent a more architecturally honest approach to the extension of a property and can better achieve other objectives, such as enhancing internal natural light; 4) Not have an adverse impact on the amenities of adjoining properties through undue overlooking, undue overshadowing and/or an over dominant visual impact; 5) Be positioned to ensure the privacy and adequate sunlight and daylight to key habitable rooms; Site coverage should be carefully considered to avoid unacceptable loss of private open space. DM HS 15 INFILL DEVELOPMENT IN URBAN AND RURAL AREAS
- Chapter 4 Housing Strategy 94 | P a g e Infill development is encouraged in principal where it does not adversely affect neighbouring residential amenity (for example privacy, sunlight and daylight), the general character of the area and the functioning of transport networks. DM HS 16 ANCILLARY SELF-CONTAINED RESIDENTIAL UNIT (GRANNY FLAT) The Council will consider the provision of accommodation for older people and dependant relatives attached to the existing family home subject to compliance with the following criteria: 1) The unit shall be attached to the existing dwelling; 2) The unit shall be linked internally to the existing dwelling; 3) It shall not have a separate access at the front elevation of the dwelling; 4) It shall be of an appropriate size and design. Should be capable of being served by adequate wastewater treatment. DM HS 17 BACKLAND DEVELOPMENT IN URBAN AREAS There is the potential in appropriate circumstances to integrate new residential development into backland areas to produce a high quality residential environment. Development proposals should: i) complement the character of the area and main building to the fore with regard to scale, massing, height, building depth, roof treatment and materials. The design of such proposals should represent an innovative architectural response to the site and should be informed by established building lines and plot width; ii) Be of a form and scale which respects the scale and density of existing development. In general the scale and massing of new housing in backland areas should not exceed that of the existing dwellings fronting the surrounding streets; iii) Achieve a coherent and legible form and where possible provide a shared access with the development to the fore. New development should not inhibit vehicular access to car parking space at the rear for the benefit of the main frontage premises, where this space exists at present; iv) Integrate existing landscape features which form part of a backland plot, the design should seek to retain these and integrate them into the new development; v) Provide parking within the site boundary unless otherwise agreed to by the Council; vi) Provide open space to the rear of the new building and shall be landscaped so as to provide for a quality residential environment; vii) The distance between the opposing windows of mews dwellings and of the main houses shall be generally a minimum of 22m. Laois County Council will actively encourage schemes which provide a unified approach to the development of residential backland areas where consensus between all property owners has been agreed. This unified approach framework is the preferred alternative to individual development proposals.
- Chapter 4 Housing Strategy 95 | P a g e DM HS 18 CORNER/SIDE GARDEN SITES The Council notes that some corner/side gardens are restricted to the extent that they would be more suitable for extending an existing home into a larger family home rather than to create a poor quality independent dwelling, which may also compromise the quality of the original house. The planning authority will have regard to the specific criteria contained in the section when assessing proposals for the development of corner/side garden sites such as: • The character of the street; • Compatibility of design and scale with adjoining dwellings, paying attention to the established building line, proportion, heights, parapet levels and materials of adjoining buildings; • Impact on the residential amenities of adjoining sites; • Open space standards and refuse standards for both existing and proposed dwellings; • The provision of appropriate car parking facilities, and a safe means of access to and egress from the site; • The provision of landscaping and boundary treatments which are in keeping with other properties in the area; • The maintenance of the front and side building lines, where appropriate. DM HS 19 LANDSCAPING AND BIODIVERSITY All applications for residential developments shall include a Landscape and Biodiversity Plans and should provide for: 1) The creation of a coherent landscaping scheme appropriate to the type and scale of development and its surroundings. 2) The creation of paths through significant areas of open space. 3) The retention of any existing valuable features including trees, hedgerows, ponds, and areas of wildlife or ecological value. 4) The use of native trees, shrubs and plants in the planting schedules, planting schedules which include invasive species will not be accepted (a schedule of invasive species and native plants are included in Appendix 8). Preferred native deciduous tree species to be used are hawthorn, whitethorn, rowan, ash, oak, hazel, sycamore and holly. Beech (fagus sylvatica) shall not be used. 5) The linking up of site landscaping with adjacent open spaces, green spaces, foot or cycle paths; or linking up site landscaping with adjacent linear landscape features such as lines of trees or hedgerows. 6) The use of planting belts to absorb developments into the landscape, taking account of important views. 7) The creation of a pleasant environment for users, including sunny and shady areas. 8) The screening of development from neighbouring properties and from public roads for privacy. 9) Earthen berms in combination with planting belts are favoured to screen commercial developments such as quarries, waste disposal facilities or other large developments from the surrounding landscape. 10) A Habitat mitigation scheme shall be included in all housing schemes on
- Chapter 4 Housing Strategy 96 | P a g e Greenfield sites to mitigate any loss of habitat. DM HS 20 In all Part 5 Agreements that Laois County Council reflect the need for downstairs Bedroom/Wetroom etc in a percentage of all Part 5 Agreements 4.6 OPEN COUNTRYSIDE AND RURAL HOUSING Laois County Council’s rural housing policy has had careful regard to national advice and guidelines as set out in the National Spatial Strategy and Sustainable Rural Housing: Guidelines for Planning Authorities (DEHLG, 2005) and also including the Habitats Directive with regard to Appropriate Assessment and the Planning System and Flood Risk Management: Guidelines for Planning Authorities (DoEHLG, 2009). The Council’s rural development strategy is based on promoting sustainable rural development aimed at Maintaining vibrant and viable rural communities while also seeking to protect the amenity, recrea tional and heritage value of the rural landscapes and countryside of the county. The implementation of the Settlement Strategy, as set out in Section 2 and the conservation and protection measures in Section 7‐Heritage Strategy are considered to be essential towards achieving this aim. The designation of settlements for development enables the Council to promote the strengthening of villages and settlements and to provide for the development of rural communities. The approach taken towards the accommodation of residential development in the countryside has been twofold. In the first instance small scale settlements were identified. These are small scale settlements or small villages with an established identity that were considered suitable for the development of small scale housing schemes and/or single dwelling houses. The second part of the approach was to determine the capacity of the countryside to absorb one‐ off housing having regard to issues in terms of environmental sens itivity, population trends, vacancy rates and the existing level of development in the area. In this regard the following actions were taken: 1. Environmentally sensitive areas including; – Special Areas of Conservation, Natural Heritage Areas, Special Protection Areas, Scenic Areas were identified and mapped. 2. Population trends have been mapped in terms of each Electoral Division (ED). The period taken was from 2006 to 2011. 3. Local areas within each ED that are clearly under significant development pressure for example northeast County Laois, the environs of the main urban settlements. In County Laois the following three rural housing area designations apply: • Areas under Strong Urban Influence, • Stronger Rural Areas and • Structurally Weak Areas. The policy in relation to rural housing is, in certain areas, based on the local need factor which required applicants to demonstrate that they are functionally or socially related to the rural community in which the proposed site was located. Other areas, where population stagnation or decline has been occurring, are not subject to housing need to the same extent or at all.
- Chapter 4 Housing Strategy 97 | P a g e While the Council acknowledges the role of rural housing in sustaining rural communities, it also recognises that uncontrolled and excessive one‐off urban generated housing in the countryside is not sustainable in the long‐term and measures need to be put in place to regulate this form of development. A concern arises that if ‘one‐off rural housing’ is permitted at the current levels, then irreparable damage will be done to the environment including water quality and landscape character and the legitimate aspirations of those brought up in the countryside to continue to live within their own communities is likely to be jeopardized. One‐off housing refers to individually designed, detached houses primarily located on large un‐ serviced sites in the open countryside. The overriding aim of the Council’s approach to one‐off houses in the countryside is guided by the Sustainable Rural Housing: Guidelines for Planning Authorities (DEHLG, 2005) This approach seeks to accommodate within rural areas, people who are functionally or socially part of the rural community and to resist demand for urban generated housing in the countryside. The Council will resist one‐off housing proposals, where such development involves the creation of a new direct access point or the generation of increased traffic flows from exis ting direct access/egress points to the national road network where speed limits greater than 60km/h apply, in accordance with Policy Trans 7. 4.6.1 RURAL AREA TYPES In accordance with the NSS and Sustainable Rural Housing: Guidelines for Planning Authorities (DEHLG, 2005) document, the county has been defined into different rural area types based on different development demands and needs. These areas are described below and the extent of each is shown on the Rural Settlement Strategy Map. The Council recognises the needs of local rural people who wish to live or work in the area in which they grew up. The following three criteria arise in assessing applicants under this category: • The applicant must come within the definition of a ‘Local Rural Person’ • The proposed site must be situated within their ‘Local Rural Area’ • The applicant must have a ‘Local Rural Housing Need’ Table 4.4 – Rural Area designation RURAL AREA DESIGNATION DEFINITION CRITERIA RURAL AREAS UNDER STRONG URBAN INFLUENCE Those rural areas within easy commuting distance of the main urban centres in County Laois and adjacent counties including the GDA 6 which are experiencing pressure from the development of urban generated housing in the open countryside. These areas are essentially:‐ It is an objective to recognise the individual housing needs of people intrinsic to the rural areas located within the areas defined as ‘rural areas under strong urban influence’. Such needs may be accommodated on lands within the rural area under strong urban influence, subject to the availability of a suitable site and nor mal proper planning and sustainable development criteria.
- Chapter 4 Housing Strategy 98 | P a g e RURAL AREA DESIGNATION DEFINITION CRITERIA The north and eastern areas in the County 5 km buffer zones around the Principal town, Key service Town and Service Towns of Graiguecullen and Mountmellick National, Strategic Regional Routes and Regional Routes as defined in Section 7 Continued high levels of single rural houses in these locations would inhibit the growth of the County’s urban areas which would result in a failure to achieve the growth targets. It would also cause further deterioration of rural amenities. The key development plan objectives in these areas seeks to facilitate the genuine housing requirements of the rural community as identified by the planning authority in the light of local conditions while on the other hand directing urban generated development to areas zoned for new housing development in towns and village It is an objective of the Council only to permit single houses in the area under strong urban influence to facilitate those with a local rural housing need16 in the area, in particular those that have lived in a rural area. In order to demonstrate a genuine rural housing need, any of the following criteria shall 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 engaged in working the family farm and the house is for that persons own use; or c) the applicant is working in rural activities17 and for this reason needs to be accommodated near their place of work; or d) the application is being made by a local rural person(s) who have spent a substantial period of their life living in the local rural area, and, who for family and/or work reasons need to live in the rural area. STRONG RURAL AREA The rural areas that traditionally have had a strong agricultural base, that are restructuring to cope with changes in the agricultural sector and have an extensive network of smaller rural towns, villages and other settlements. In these areas, the focus o f urban generated housing should be in the network of settlements to It is an objective to recognise the individual housing needs of people intrinsic to the rural area located within the rural areas defined as strong rural areas. It is an objective of the Council to permit single houses in the strong rural areas to facilitate those with a rural housing need in the area. In order to 16 An applicant who satisfies a ‘Local Rural Housing Need’ is defined as a person who does not or has never owned a house in the ‘local rural area’ and has the need for a permanent dwelling for their own use in the rural area. 17 Such rural activities will normally encompass persons involved in full time farming, forestry, in land water ways or related occupations as well as part time occupations where the predominant occupation is farming/ natural resource related. Such circumstances could also encompass persons whose work is intrinsically linked to rural areas such as teachers in rural schools or other persons whose work predominantly takes place in rural areas.
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.