Offaly County Development Plan 2021–2027 (as varied) — Chapter 13: Development Management Standards

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   Offaly County Development Plan 2021-2027 Chapter 13 Development Management Standards Page 375 Chapter 13: Development Management Standards Introduction The development management standards contained in this chapter shall be read in conjunction with the policies and objectives of previous chapters. In making a decision on any individual planning application, the Planning Authority is restricted to considering the proper planning and sustainable development of an area, having regard to the matters provided for in Section 34 of the Planning and Development Act, 2000 (as amended). This Chapter sets out the general development management principles and standards that will be applied by the Council to ensure that future development is in accordance with the policies and objectives set out elsewhere in this County Development Plan. Regard should also be had to Guidelines issued by the Minister under Section 28 of the Planning and Development Act, 2000 (as amended). Specific Planning Policy Requirements set out in Section 28 Guidelines apply, notwithstanding the objectives and requirements of this Development Plan, Local Area Plans or future variations. Future planning guidelines or amendments to existing guidelines will be considered in the assessment of planning applications. Common Principles Universal Access Part M of the Building Regulations sets out standards to ensure that buildings are accessible to and usable by everyone, including older people, people with disabilities fand people with children. The Technical Guidance Document in relation to Part M provides guidance on the access requirements for public buildings and for residential dwellings. The Council will seek to encourage the implementation of best practice standards with regard to access in both indoor and outdoor environments. An important element in achieving sustainability in the design of residential units is the ability of the design to accommodate the changing needs of a family. The guiding principle of accessibility shall be clearly demonstrated in development proposals. Compact Growth and Building Heights The National Planning Framework (NPF) lists ‘Compact Growth’ as a National Strategic Outcome aiming to secure the sustainable growth of more compact urban and rural settlements supported by jobs, houses, services and amenities, rather than continued sprawl and unplanned, uneconomic growth. National Policy Objective 3c of the NPF states in this regard that at least 30% of all new homes that are targeted in settlements other than the five Cities and their suburbs, should be within their existing built-up footprints. National Policy Objective 13 of the NPF advocates that planning standards should be flexibly applied in response to well-designed development proposals that can achieve urban infill and brownfield

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   Offaly County Development Plan 2021-2027 Chapter 13 Development Management Standards Page 376 development objectives in settlements of all sizes. The development management standards below relax general restrictions on building height, car parking and garden size in urban infill and brownfield sites subject to strict qualitative criteria and provided public safety is not compromised and the environment is suitably protected. It is acknowledged that increasing prevailing heights has a critical role to play in addressing the delivery of more compact growth in our urban areas, making optimal use of the capacity of sites in urban locations where transport, employment, services or retail development can achieve a requisite level of intensity for sustainability. Chapter 7 of this Plan outlines two opportunity sites open for consideration for taller buildings in Tullamore in accordance with Specific Planning Policy Requirement (SPPR) 1 of Urban Development and Building Heights, Guidelines for Planning Authorities, December 2018 and which supports Tullamore’s role as a Key Town in the Eastern and Midland Regional Spatial and Economic Strategy (RSES). In accordance with SPPR 2-4 of these Guidelines, the development management standards require the applicant to demonstrate an appropriate mix of uses, comply with stated development management criteria from the Guidelines, achieve minimum densities and provide an adequate mix of building heights and typologies in relation to ‘taller’ buildings. Green Infrastructure Existing Green Infrastructure (including green corridors) and ecosystems services should be identified at the initial stages of the planning process for a proposed development and should guide the design of an appropriate site layout. These may comprise linear open spaces along paths, water courses, planting or other natural features, and provide opportunities for walking and cycling, informal recreation, and biodiversity and wildlife migration. The landscaping plan submitted with an application should clearly illustrate how existing green infrastructure, and opportunities to create more linkages outside the site, have informed and been incorporated into the development layout. Green corridors are not considered to form part of the public open space provision of a development. The Planning Authority will encourage the protection of all mature trees and hedgerows, which occur on development sites and roads. Where possible, all trees, hedgerow and landscape features to be retained shall be identified in planning applications. Please see Table 4.16 in Chapter 4 Biodiversity and Landscape for a full list of native trees, plants and shrubs.

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   Offaly County Development Plan 2021-2027 Chapter 13 Development Management Standards Page 377 Permeability and Sustainable Mobility National Policy Objective 27 of the National Planning Framework, ensures the integration of safe and convenient alternatives to the car into the design of our communities by prioritising walking and cycling accessibility to both existing and proposed developments, and integrating physical activity facilities for all ages. The Design Manual for Urban Roads and Streets (DMURS) was jointly published by the Department of Environment Community and Local Government and the Department of Transport, Tourism and Sport in 2013 (updated 2019). DMURS provides guidance relating to the design of urban roads and streets, with the overall aim of making urban areas safer through a shift in dominance from motor vehicles to pedestrians. These Guidelines apply to all developments which impact on urban roads and streets within the 60kph zone or less. The complementary publication ‘The Treatment of Transition Zones to Towns and Villages on National Roads’ by Transport Infrastructure Ireland should be consulted also in this regard. A key aim of this Plan is to promote compact, connected neighbourhoods based on street patterns and forms of development that will make walking and cycling, especially for local trips, more attractive, promoting sustainable travel movements and encouraging people to find alternative ways to travel reducing car dependency. In accordance with the “Permeability Best Practice Guide” (NTA, 2015), the key principles for maintaining and providing permeability within the Plan area for the lifetime of the Plan are as follows: • Origins and destinations, such as schools and shops, should be linked in the most direct manner possible for pedestrians and cyclists; • Greater priority should be given to pedestrians and cyclists; • The physical design of links should be fit for purpose in terms of capacity and security; and • Junctions in urban and suburban areas should cater for pedestrians and cyclists safely and conveniently. Crime Prevention through Design A reduction in crime and anti-social behaviour can be achieved through the careful consideration of the building layout and the environmental design of a development. Consideration of how a proposed scheme may work and the early identification of areas of potential concern should be undertaken at the outset to identify any potential problems. Contact with the local Garda Crime Prevention Officer is advisable for larger developments. Healthy Place Making Successful areas are places where people want to live, work and visit. Quality design in our town and village centres assist in reinforcing and contributing to a sense of place and identity, indicating the main centres of activity, important street junctions, public realm and transport interchanges. Place making also has a strong economic dimension with vibrant attractive places to live very often enabling key economic conditions such as attracting and retaining talent and incentivising Foreign Direct Investment (FDI) and other forms of investment.

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   Offaly County Development Plan 2021-2027 Chapter 13 Development Management Standards Page 378 To achieve good urban design in developments, the 12 Urban Design Principles set out in the Urban Design Manual – A Best Practice Guide (2009) should be taken into account in designing schemes. These principles are context; connections; inclusivity; variety; efficiency; distinctiveness; layout; public realm; adaptability; privacy and amenity; parking; and detailed design. The ‘Retail Design Manual’ (2012) and ‘Design Manual for Urban Roads and Streets’ (2013, updated in 2019) and the complementary publication The Treatment of Transition Zones to Towns and Villages on National Roads by Transport Infrastructure Ireland also provide comprehensive guidance in relation to enhancing the public realm. Our open countryside also contributes to our sense of place. Much of the character and quality of Offaly’s open countryside derives from the range of traditional and vernacular buildings, and their use of local materials. These buildings are part of Offaly’s heritage and identity. The building of a new house in the open countryside should be a positive addition to the rural environment and not appear incongruous with or detract from its surroundings. Housing quality is important in order to secure positive health outcomes. Key messages in relation to rural house design and siting contained in ‘Designing houses creating homes, a guide for applicants on the siting and design of new houses in the Offaly countryside’ (2008) are as follows; 1. Site Location and Site layout Ensure that any new house fits into and enhances the landscape, rather than detracting from it, which also makes for a more comfortable and economic house. 2. Scale and Form Ensure that the size of the house is in harmony within its site and surroundings, and that it is generally a combination of simple forms. Bolder forms or a modern design on a suitable site are also welcome. 3. Design A house must be suitable to its rural area. Avoid urban or suburban designs, complex or monotonous designs. Traditional designs and particularly modern/contemporary design where appropriate are welcome. 4. Materials, Finishes and Colours Avoid over-elaboration and aim for a small number of high quality materials and finishes. 5. Roadside Boundary Treatments Making an entrance to a site can form the first and lasting impression of the overall design and it is something which must be given careful thought with an emphasis on retaining what is already there. 6. Landscaping

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   Offaly County Development Plan 2021-2027 Chapter 13 Development Management Standards Page 379 All possible efforts should be made to preserve, retain and integrate trees, hedgerows, walls and other landscape features. By conserving these patterns, it is easier to create a landscape sensitive solution. 7. Sustainability and Energy Efficiency By designing and building a new house so that it will use as little energy as possible by minimising heat loss and increasing solar gain will ensure investment in a future proofed home. Sustainable Design and Climate Action Layout and building design must conform to the highest possible standards of energy efficiency. Buildings should be designed to minimise resource consumption, reducing waste, water and energy use. Design shall optimise natural ventilation and minimise glare and excess solar gain, avoiding large areas of glazing and providing an appropriate balance between solid and void elements. Roof top solar panels, geothermal energy and in certain instances, wall mounted solar panels, shall be incorporated at the design stage of developments where possible. Sustainably sourced materials and existing re-used/recycled materials shall also be used where possible. Measures which will allow occupants to adapt to the impacts of climate change are promoted within developments and include natural ventilation, summer shading, openable windows, the incorporation of living green roofs and walls, planting and trees, as well as the inclusion of sustainable urban drainage systems (SuDS) and permeable surfaces in adjoining spaces. Measures to mitigate and adapt to the impacts of climate change shall be appropriate to the landscape and architectural character of an area. Compliance with Section 28 Ministerial Guidelines The Council has had regard to Ministerial Planning Guidelines published under Section 28 of the Planning and Development Act 2000 (as amended) in preparing the development management standards contained within this chapter. Building Regulations All new dwellings must comply with the Building Regulations which set out standards for new build and workmanship on topics such as Part B (Fire Safety), Part F (Ventilation), Part L (Conservation of Fuel and Energy), and Part M (Access for People with Disabilities). A grant of planning permission does not necessarily mean that any proposed structure complies with the Building Regulations, given that the Planning and Building Regulations are independent of each other. It is important that the Building Regulations inform and direct the early design of any new structure as attempting to implement the Building Regulations at a later stage could significantly compromise any grant of planning permission. Pre-planning Consultations Section 247 of the Planning and Development Act, 2000 (as amended) provides a formal procedure for applicants to seek pre-planning guidance from the Planning Authority in relation to their proposed

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   Offaly County Development Plan 2021-2027 Chapter 13 Development Management Standards Page 380 development. These consultations are mandatory in the case of residential developments of more than 10 housing units or non-residential developments comprising more than 1,000 square metres gross floor space. The Planning Authority in general provides pre-planning consultations upon request and actively encourages such consultations prior to the lodging of a planning application. It should be noted that pre-planning discussions will not prejudice any subsequent decision made by Offaly County Council. Enforcement To ensure that the integrity of the planning system is maintained and that it operates for the benefit of the whole community, the Council will take enforcement action in cases of unauthorised development, where it is appropriate to do so, consistent with the provisions of Part VIII of the Planning and Development Act 2000 (as amended). Under planning legislation any development which is not specifically exempt development requires planning permission and development which does not have that permission is unauthorised development, as is development which has been, or is being, carried out in breach of conditions specified in a planning permission. In carrying out its enforcement functions, the Council may issue Warning Letters and/or Enforcement Notices, or take injunctive proceedings pursuant to Section 160 of the Planning and Development Act 2000 (as amended). Failure to Comply with Previous Permissions The Council may refuse permission for a development arising from past failures of the applicant to comply with any previous permission, where they are deemed to be of a substantial nature, and where it is appropriate to do so, having regard to the provisions of Section 35 of the Planning and Development Act 2000 (as amended). Development Contributions The Council, taking into consideration the capital expenditure necessary for the provision of public infrastructure and facilities, will require the payment of general financial contributions in accordance with the Development Contribution Scheme to offset a portion of their costs. Developers may also be required to carry out works at their own expense to facilitate their development and these will be specified as a condition of their planning permission. Bonds To ensure that developments undertaken by private developers are satisfactorily completed, developers will be required to give cash deposits or submit a bond from an insurance company or other financial institution acceptable to the Council, for the satisfactory completion of developments and their ancillary services. This bond or security must be adequate to secure the completion of the development and must be in place before the applicable phase of development is commenced.

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   Offaly County Development Plan 2021-2027 Chapter 13 Development Management Standards Page 381 Assessments Required for Certain Projects Appropriate Assessment All plans or projects, including the Council’s own proposals under Part 8 of the Planning and Development Regulations 2001 (as amended), unless they are directly connected with or necessary to the management of a Natura 2000 site, are required to be subject to screening for Appropriate Assessment, to determine if they are likely to have a significant effect on a Natura 2000 site, either individually or in combination with other plans or projects. Full Appropriate Assessment (i.e. a Natura Impact Statement) to ascertain whether the proposed development would adversely affect the integrity of a Natura 2000 site, must be carried out unless it can be established through screening that the plan or project in question will not likely have a significant effect on the Natura 2000 Site. Environmental Impact Assessment The Planning and Development Regulations 2001 (as amended), specifies mandatory thresholds above which Environmental Impact Assessment Reports (EIAR) are required in relation to types and scale of development proposals. Where it appears to the Planning Authority that a sub-threshold development proposal would be likely to have significant effects on the environment, a sub threshold EIAR will be required. Flood Risk Assessment The Council will have regard to the Planning System and Flood Risk Management Guidelines for Local Authorities (DEHLG and OPW 2009) when assessing planning applications. The key requirements for the management of development in areas at risk of flooding include: • All development proposals within or incorporating areas at moderate to high risk of flooding will require site specific and appropriately detailed Flood Risk Assessments. • All development proposals within or incorporating areas at moderate or high risk of flooding will require the application of the Development Management Justification Test in accordance with the Planning System and Flood Risk Management-Guidelines for Planning Authorities (DEHLG and OPW, 2009). • Any proposal that is considered acceptable in principle shall demonstrate the use of the sequential approach to inform the site layout and design of development. Proposals shall also demonstrate that mitigation and management measures can be put in place and that the development will not increase flood risk elsewhere.

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   Offaly County Development Plan 2021-2027 Chapter 13 Development Management Standards Page 382 Other Assessments Other Assessments which may be deemed necessary for planning applications include: • Traffic and Transport Assessment, • Landscape Character Assessment, • Visual Impact Assessment, • Archaeological Assessment, • Architectural Heritage Assessment; and • Ecological Impact Assessment. This list is not exhaustive.

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   Offaly County Development Plan 2021-2027 Chapter 13 Development Management Standards Page 383 Development Management Standards DMS-01 Development Capacity .............................................................................................. 387 DMS-02 Density ...................................................................................................................... 388 DMS-03 Layout ........................................................................................................................ 388 DMS-04 Design of Streets ....................................................................................................... 388 DMS-05 Housing Mix............................................................................................................... 389 DMS-06 Life Long Adaptability................................................................................................ 389 DMS-07 Design Statement ...................................................................................................... 389 DMS-08 Apartments ............................................................................................................... 390 DMS-09 Building Heights ........................................................................................................ 392 DMS-10 Urban Infill and Brownfield Development ................................................................ 393 DMS-11 Corner Site Development .......................................................................................... 393 DMS-12 Daylight, Sunlight and Overshadowing ..................................................................... 394 DMS-13 Separation Distances/Overlooking............................................................................ 394 DMS-14 Space around Buildings ............................................................................................. 394 DMS-15 Side Windows ............................................................................................................ 394 DMS-16 Refuse Storage and Bins ............................................................................................ 394 DMS-17 Landscaping and Boundary Treatment ..................................................................... 395 DMS-18 Private Open Space Minimum Standards for Houses ............................................... 395 DMS-19 Private Open Space Minimum Standards for Apartments........................................ 395 DMS-20 Private Open Space Reduced Standard – Housing for Older People ........................ 396 DMS-21 Public Open Space ..................................................................................................... 396 DMS-22 Green Infrastructure Masterplan .............................................................................. 397 DMS-23 Sustainable Urban Drainage Systems (SuDS) ............................................................ 397 DMS-24 Surface Water Management ..................................................................................... 398 DMS-25 Riparian Zones ........................................................................................................... 398 DMS-26 Bat and Swift Surveys/Mitigation ............................................................................. 398 DMS-27 Part V ......................................................................................................................... 398 DMS-28 Phasing of Residential Developments ....................................................................... 399 DMS-29 Taking in Charge ........................................................................................................ 399 DMS-30 Naming of New Developments ................................................................................. 399 DMS-31 Residential Energy Efficiency and Climate Change Adaptation Design Statement... 399 DMS-32 Childcare.................................................................................................................... 400 DMS-33 Villages ...................................................................................................................... 401

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    Offaly County Development Plan 2021-2027 Chapter 13 Development Management Standards Page 384 DMS-34 Natural Heritage Features ......................................................................................... 401 13.9.2 Residential (Sráids)...................................................................................................... 401 DMS-35 Scale of development................................................................................................ 401 DMS-36 Design ........................................................................................................................ 401 DMS-37 Open Space ............................................................................................................... 402 DMS-38 Trees / Boundaries .................................................................................................... 402 DMS-39 Footpaths .................................................................................................................. 403 DMS-40 Street Lighting ........................................................................................................... 403 DMS-41 Undergrounding of Cables ........................................................................................ 403 DMS-42 Access Points ............................................................................................................. 403 DMS-43 Water Supply ............................................................................................................. 403 DMS-44 On-site Wastewater Treatment ................................................................................ 403 Residential (Open Countryside) .................................................................................. 404 DMS-45 Site Size ..................................................................................................................... 404 DMS-46 Road Frontage ........................................................................................................... 404 DMS-47 Building Line .............................................................................................................. 404 DMS-48 Design and Siting ....................................................................................................... 404 DMS-49 Log Cabins/Pods ........................................................................................................ 404 DMS-50 Landscaping and Boundary Treatment ..................................................................... 404 DMS-51 On-site Wastewater Treatment ................................................................................ 405 DMS-52 Water Supply ............................................................................................................. 405 DMS-53 Surface Water Drainage ............................................................................................ 405 DMS-54 Rural Infill development ............................................................................................ 405 Other Residential Development (Rural and Urban) .................................................... 406 DMS-55 Extensions ................................................................................................................. 406 DMS-56 Family Granny Flats/Self-Contained Residential Unit ............................................... 407 DMS-57 Domestic Garages/Stores.......................................................................................... 407 Commercial Developments ......................................................................................... 407 DMS-58 Retail ......................................................................................................................... 407 DMS-59 Retail Warehousing ................................................................................................... 408 DMS-60 Large Retail - Energy Efficiency and Climate Change Adaptation Design Statement. ................................................................................................................................................ 408 DMS-61 Motor Fuel Stations and Service Areas ..................................................................... 409 DMS-62 Commercial Development in the Open Countryside and Sráids .............................. 410

Source Offaly County Council: Offaly County Development Plan 2021–2027 (as varied) — Chapter 13: Development Management Standards (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.