Development plan · Limerick City and County Council
Limerick Development Plan 2022–2028 (as varied)
The council's development plan written statement: its strategy, policies, objectives and development standards.
Limerick City and County Council · 2022–2028 · 414 pages
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- Chapter 13: Implementation and Monitoring399 13.3 Pre-planning Consultation between a prospective applicant and the Council regarding proposed development, prior to their lodgement as planning applications is beneficial to both parties. Under the provisions of Section 247 of the Planning and Development Act, 2000 (as amended), a prospective applicant shall have consulted with the Planning Authority in respect of the development that comprises: •• Residential development of more than 10 housing units. •• Non-residential development of more than 1,000sqm. gross floor space. •• Other development as may be prescribed in legislation. Details with regard to applying for a preapplication consultation can be found at limerick.ie/council/services/pre-planning. Applicants are also advised to avail of preconnection enquiries with Irish Water to ascertain if connection of water services (mains and sewer) is feasible for their proposal prior to submitting a planning application. 13.4 Implementation of Planning Permission Planning permission is required for any development of land or property, unless the development is specifically exempted from this need under the Planning and Development legislation. All planning applications will be assessed in accordance with the Development Management Standards set out under this Plan. The granting of planning permission does not necessarily enable development to be undertaken, as development will have a legal context outside the remit of the permission e.g. land ownership. Development will also be required to conform with the requirements of legislation and regulations that are outside the scope of planning legislation and that will impact upon the specific development proposed e.g. EPA licensing. Policy IM P1 Implementation of Plan It is a policy of the Council to assess all planning applications in accordance with the Development Management Standards of the Plan and any applicable Section 28 Guidelines.
- LIMERICK DEVELOPMENT PLAN 2022-2028400 13.5 Development Contributions To facilitate the provision of roads and transport services, surface water drainage, recreation and community facilities infrastructure etc., the Council will require the payment of contributions from benefitting developers. 13.5.1 General Development Contributions Section 48 of the Planning and Development Act 2000 (as amended) enables the Planning Authority when granting planning permission under Section 34 of the Act, to include conditions, requiring the payment of a financial contribution. This contribution is in respect of public infrastructure and facilities benefitting development in the area of the Planning Authority that is provided, or that is intended to be provided, by or on behalf of the Local Authority, regardless of other sources of funding for the infrastructure and facilities. A scheme may make provision for the payment of different contributions in respect of different classes or descriptions of development. A scheme may allow for the payment of a reduced contribution or no contribution in certain circumstances, in accordance with the provisions of the scheme. The basis for the determination of a contribution under this Section is set out in the Development Contribution Scheme Limerick City and County Council 2022 (and any subsequent scheme). The Planning Authority will require the payment of contributions in accordance with this scheme. 13.5.2 Special Development Contributions Section 48(2)(c) of the Planning and Development Act 2000 (as amended) provides for a Special Development Contribution where exceptional costs not covered by the general contribution scheme are incurred by a Local Authority in the provision of a specific public infrastructure or facility. The Planning Authority may require the payment of a Special Development Contribution in addition to a contribution under the General Scheme. 13.5.3 Supplementary Development Contributions Section 49 of the Planning and Development Act 2000 (as amended), enables the Planning Authority to include conditions requiring the payment of a financial contribution in respect of any public infrastructure service or project specified in a Supplementary Development Contribution Scheme, where the provision of infrastructure concerned will benefit the development to which the permission relates when carried out. A Supplementary Development Contribution Scheme applies to the R526 Link Road Phase 3 Mungret. Similar supplementary contribution schemes may be applied to the other areas within the lifetime of the Plan. 13.6 Enforcement The Council has extensive powers under Part VIII of the Planning and Development Act 2000 (as amended) to take enforcement action where unauthorised development has occurred, is occurring or where permitted development has not, or is not being carried out, in compliance with the planning permission granted or exempted development legislation. The Council will enforce the planning legislation to ensure that the environmental, visual and economic development of Limerick is not jeopardised by inappropriate and environmentally damaging development and to ensure that the policies and objectives of the Plan are implemented and adhered to.
- Chapter 13: Implementation and Monitoring401 13.7 Monitoring and Review The Council has responsibility for monitoring and implementing the Plan, mainly through the development management function. However, it is important to note that the Plan coordinates the work and objectives of all directorates of Limerick City and County Council. In some instances, the implementation of certain policy objectives may be the responsibility of external bodies such as Irish Water, National Parks and Wildlife Service, Fisheries Ireland, National Roads Authority, Transport Infrastructure Ireland and the Environmental Protection Agency etc. The Planning Authority will work in collaboration with the relevant external bodies to ensure implementation of the policy and objectives. The Plan policy and objectives aim to be specific, measurable, achievable and realistic. However, a number are set within a longer timeframe, thus they may not be fully achieved over the lifetime of this Plan. The Development Plans: Guidelines for Planning Authorities – Draft for Consultation (August 2021), recommends that Planning Authorities need to establish a strong, frequent and ongoing monitoring system for their Development Plan as a permanent function. The guidelines outline that the monitoring task shall comprise two strategic monitoring elements: a) Core Strategy Monitoring; b) Plan Objectives Monitoring. In order to develop a dedicated, permanent system of monitoring progress of the Development Plan, the Council will establish a dedicated team (or performance management system) within the Forward Planning section of Limerick City and County Council to monitor the performance of the Plan. The ongoing programme of monitoring will measure the outcomes of the Plan against its stated objectives. The team will be responsible for maintaining key datasets required, which will incorporate indicators that will monitor the broad range of policies in this Plan. In accordance with Section 10.3 of the guidelines, the Council will deliver the following: A. Core Strategy Monitoring: The Council shall deliver an Annual Development Plan Monitoring Report, which will be presented to the Elected Members and thereafter shall be published on the Council’s website Limerick.ie. This report shall monitor the nature of new development that is occurring in Limerick, including planning and development trends, which shall be analysed with accompanying digital maps. This will illustrate the spatial trends in development in order to assess the agreed housing and population targets as contained in the Core Strategy of this Plan. The data required for this report will include information from the Council’s own sources, including Development Management (planning and commencement data) and external sources such as the CSO. The annual Core Strategy Monitoring will include the following indicators:
- LIMERICK DEVELOPMENT PLAN 2022-2028402 Table 13.1: Core Strategy Monitoring Indicators: Indicator Residential 1 New home completions (including refurbishments/ conversions) 2 New home completions per NPO3 (Compact growth) 3 Planning permissions granted for residential development with: i. A breakdown of 1, 2, 3 and 4+ bedroom units permitted ii. A breakdown per Tier 1 and Tier 2 lands 4 Breakdown by relevant rural area type of rural housing: i. Planning applications lodged ii. Breakdown in decisions iii. New home completions Commercial 5 Developed and occupied commercial floorspace 6 Planning permissions for business/employment uses (m2 of development) for: i. Office ii. Industrial iii. Retail iv. Warehousing/Logistics Settlement Consolidation Sites 7 Specific reporting on the progression of the Settlement Consolidation Sites identified in the Development Plan including: i. Enabling infrastructural services delivery ii. Planning permissions granted iii. Units constructed iv. Funding applications made v. Project timelines vi. Vacant site levy vii. Commentary. Brownfield/ Infill Sites 8 Establish a database of and monitor planning applications on brownfield and infill sites. Transport Strategy 9 i. Progress with the delivery of enabling transport infrastructure projects identified ii. Change in transport modal share for travel to work, school and college iii. Progress with improvements in bus infrastructure serving the City and County iv. No. of new bus stops/ rail stations opened v. Improvements to the cycle network vi. Provision of new park and ride facilities vii. Progress with improvements to the road network
- Chapter 13: Implementation and Monitoring403 B. Plan Objectives Monitoring: In addition to the annual reporting, the Development Plans: Guidelines for Planning Authorities – Draft for Consultation (August 2021) requires a more formal Development Plan report, which details progress on the specific objectives set out in the Development Plan. Accordingly, the Council shall prepare the two reports as follows: (1) The Two-Year Progress Report by the Chief Executive on the Development Plan in accordance with Section 15(2) of the Planning and Development Act 2000 (as amended). The Plan will be reviewed after 2 years and a progress report will be prepared by the Chief Executive on the achievements in securing the policy and objectives of the Plan at that time. The Two-Year Progress Report shall monitor and assess the overall implementation of policy and objectives including those pertaining to the Core Strategy and the environmental objectives as set out in the Strategic Environmental Assessment. The report will include the results of the SEA monitoring for the Development Plan, as well as variations to the Plan and the effects of implementing Local Area Plans. (2) The Baseline Report, which is published as the evidence base for commencing the review procedure for the Development Plan not later than four years after its adoption. The aforementioned reporting exercises will allow the Council to determine the status of the effectiveness of the Development Plan in meeting its stated objectives. In accordance with Section 3.1 of the Development Plans: Guidelines for Planning Authorities – Draft for Consultation (August 2021), the Council shall commence the preparatory work at least one year prior to the formal commencement of the Plan review, which, under Section 11(1) of the Act, will be initiated not more than four years after the making of the Limerick Development Plan. The implementation and delivery of the Plan will be monitored by the Office of the Planning Regulator, the Southern Regional Assembly and the National Oversight and Audit Commission (NOAC). The Council shall report to the Southern Regional Assembly outlining the progress made in supporting objectives of the RSES as required under Section 25A(1) of the Act. The Plan will continue to have a presence on the Council’s website Limerick.ie/Council where information will be supplied and updated, including any variations to the Plan and the monitoring progress. The Council shall endeavour to attract state and other investment programmes to support the implementation of the objectives of the Development Plan, including national funding programmes for urban and rural regeneration. Policy IM P2 Review It is a policy of the Council to cooperate with the Office of the Planning Regulatory, Southern Regional Assembly and National Audit and Oversight Committee as part of the monitoring and review procedure. 13.8 Material Contravention In appropriate circumstances, the Council may permit a material contravention of the Plan where a proposed development contravenes materially an objective of the Plan, but which, following detailed assessment is considered appropriate by the Council’s Executive. The granting of a permission which materially contravenes the Plan is a reserved function of the members.
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- LIMERICK DEVELOPMENT PLAN 2022-2028406 Pursuant to Section 28 of the Planning and Development Act 2000 (as amended), Limerick City and County Council is required to append a statement to the Limerick Development Plan 2022-2028 to include information which demonstrates the following: i) How the Planning Authority has implemented the policies and objectives of the Minister contained in the guidelines, when considering their application to the area or part of the area of the Development Plan, or ii) If applicable, that the Planning Authority has formed the opinion that it is not possible, because of the nature and characteristics of the area or part of the area of the Development Plan, to implement certain policies and objectives of the Minister contained in the guidelines, when considering the application of those policies in the area or part of the area of the Development Plan, and shall give reasons for the forming of the opinion and why policies and objectives of the Minister have not been so implemented. The following table demonstrates how the applicable Ministerial Planning Guidelines issued under Section 28 of the Act, are implemented in the Limerick Development Plan 2022-2028 and lists other important national design and planning guidance documents. Appendix 1: Section 28 Guidelines Compliance Statement Outlining Compliance with Section 28 Guidelines
- Appendices407 National Guidelines Limerick Development Plan 2022-2028 Appropriate Assessment of Plans and Projects in Ireland: Guidance for Planning Authorities (2009) This guidance informed the preparation of this Plan at all stages. A Natura Impact Assessment accompanies this Plan – Volume 4 Implementation of Strategic Environmental Assessment (SEA) Directive (2001/42/EC): Assessment of the Effects of Certain Plans and Programmes on the Environment: Guidelines for Regional Authorities and Planning Authorities (2004) This guidance informed the preparation of this Plan at all stages. A Strategic Environmental Assessment accompanies this Plan – Volume 4 Guidelines for Planning Authorities and An Bord Pleanala on carrying out Environmental Impact Assessment (2018) Referred to in Chapter 11: Development Management Standards Development Plans- Guidelines for Planning Authorities (2007) Development Plan prepared to align with Development Plan Guidelines – All Chapters Development Plan Guidelines for Planning Authorities (2021) Development Plan prepared to align with Draft Development Plan Guidelines - All Chapters Local Area Plans-Guidelines for Planning Authorities (2013) Ensuring Local Area Plans are used where appropriate – will be carried out as appropriate Development Management-Planning Guidelines for Planning Authorities (2007) Chapter 11: Development Management Standards prepared in light of relevant guidelines Development Contributions-Guidelines for Planning Authorities (2013) Chapter 13: Implementation Housing Supply Target Methodology for Development Planning (2020) The methodology was applied to housing forecasts in the Plan period. Chapter 2: Core Strategy and Chapter 4: Housing Table A1: Ministerial Planning Guidelines issued under Section 28 of the Planning and Development Act, 2000 (as amended) and other relevant sources of planning guidance and associated compliance within the Limerick Development Plan 2022-2028
- LIMERICK DEVELOPMENT PLAN 2022-2028408 National Guidelines Limerick Development Plan 2022-2028 Part V of the Planning and Development Act 2000 Guidelines (2017) Chapter 11: Development Management Standards and informing Chapter 4: Housing Sustainable Residential Development in Urban Areas-Guidelines for Planning Authorities (2009) and Best Practice Urban Design Manual (companion document) Chapter 11: Development Management Standards and informed the preparation of Chapter 4: Housing Sustainable Rural Housing- Guidelines for Planning Authorities (2005) Chapter 4: Housing and Chapter 11: Development Management in respect of Rural Housing Sustainable Urban Design Standards for new apartments (2015, updated 2018) Chapter 11: Development Management Design Manual for Urban Roads and Streets (2013, as updated in 2019), 2020 DMURS Interim Advice Note – Covid-19 Pandemic Response and the Whole of Government National Disability Inclusion Strategy (NDIS) 2017-2022 Chapter 11: Development Management Standards and Chapter 7: Sustainable Mobility and Transport. Urban Development and Building Heights- Guidance for Planning Authorities (2018) Chapter 11: Development Management Retail Planning Guidelines (2012) Chapter 5: A Strong Economy Quarries and Ancillary Activities- Guidelines for Planning Authorities (2004) Chapter 5: A Strong Economy Landscape and Landscape Assessment (2000) Draft only Chapter 6: Environment, Heritage, Landscape and Green Infrastructure
Source Limerick City and County Council: Limerick Development Plan 2022–2028 (as varied) (2022–2028) · 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.