Chapter 14: Development Management Standards

Development Management is one of the main implementation tools of the Development Plan. This chapter sets out the development standards and criteria to ensure development occurs in an orderly and efficient manner, but also in terms of how it contributes to the achievement of the Core Strategy and related policies and objectives. In all development proposals, it is the aim of the Planning Authority to promote a high standard of design and amenity and to complement the existing character of a particular area. Proposals must comply with the standards and criteria that apply to particular development types, be consistent with the objectives set out in the preceding chapters and be compliant with relevant legislative guidance. The guidance in this chapter has been informed by the NPF and RSES which encourages and supports the densification of existing urban areas as well as the promotion of the use of performance-based criteria in the assessment of developments to achieve well designed and high-quality outcomes.

14.1.1  Pre-Planning

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 development. The Planning Authority provides pre-application consultations where requested and actively encourages such consultations prior to the lodging of a planning application.

14.1.2   Enforcement

Development will be controlled in accordance with policies and objectives set out in this Plan and in accordance with the principles of proper planning and sustainable development. With regard to the enforcement provisions of Part VIII of the Planning and Development Act, 2000 (as amended), the role of the Planning Authority is to undertake enforcement action where necessary with respect to non- compliance with conditions attached to planning permissions and the carrying out of non-exempted development without the benefit of planning permission. Furthermore, the Planning Authority has special control powers under current legislation pertaining to such areas as protected structures and tree preservation orders. In addition, the Planning Authority will continue the practice of granting planning permission with the inclusion of conditions requiring levies and/or bonds to be paid to ensure compliance with the conditions of the permission. The provisions of Section 35 of the Act may be evoked where appropriate.

14.2  Key Principles for all Planning Applications

All development schemes shall promote the principles of accessibility, green infrastructure and sustainable design together with best practice in architectural design and conservation.

14.2.1   Universal Access

The Council recognises the need for universal equality of access to all aspects of the built and external environment as an essential prerequisite of equal opportunity and the development of an inclusive society. An inclusive environment is one which values diversity and difference and encompasses the needs of a wide range of user groups, as well as being sufficiently flexible and versatile to be able to adapt to diverse and changing needs and life circumstances. Development proposals, including all new large-scale developments, whether they relate to new buildings, public realm works, changes of use or alterations to existing buildings, must be designed to meet the mobility needs and convenience of all, and incorporate inclusive design principles particularly for vulnerable groups such as the elderly and persons with disabilities

Within new buildings and spaces, this will include consideration of issues such as provision of level circulation, lifts, doors widths, surface finishes, signs and information. The needs of occupants of different ages and stages of life should also be considered, ensuring form, construction and internal arrangement of the building will enable future adaptability. Access to the environment should also consider ways in which services and information can be provided to meet the needs of all users. All public buildings should ensure appropriate disability access, including disability car parking where feasible. The Council will support the retrofitting of public buildings where appropriate to ensure optimal accessibility.

The Council will seek to encourage the implementation of best practice standards with regard to access in both indoor and outdoor environments. In assessing planning applications, which relate to protected structures, regard shall be had to the protected status of the structure and the need to protect the special character. 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. Housing with long term adaptability and potential for flexibility allows for change as circumstances alter or families grow. Adaptability that allows for the alteration of the fabric of a building and flexibility which allows for spaces to accommodate a range of uses, are key considerations in the design of a home. The guiding principle of accessibility shall be clearly demonstrated in development proposals.

Fingal County Council will have regard to the Universal Design Guidelines for Homes in Ireland issued by the National Disability Authority and Housing Options for our Ageing Population, issued by the Department of Housing, Local Government and Heritage and the Department of Health, the National Disability Authority’s Building For Everyone: A Universal Design Approach 2012 and will seek to encourage the implementation of best practice standards with regard to access in relation to both indoor and outdoor environments. Part M of the Building Regulations sets out standards to ensure that buildings are accessible and usable by everyone, including the aged, people with disabilities and 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.

14.2.2  Healthy Placemaking

Healthy place-making is a combined approach to planning, design and management of public spaces. Good place-making design will ensure the success of local areas and spaces which will promote activity and provide vitality to an area, positively contributing to public health and well- being. It is essential that new developments have regard to good healthy placemaking principles to create climate resilient environments in which people want to engage, resulting in sustainable, well designed and strong communities.
 

All developments will be encouraged to support the creation and nurturing of sustainable neighbourhoods and healthy communities, which are designed to facilitate active travel including walking and cycling, close to public transport insofar as possible, and a range of community infrastructure, in quality, more intensive mixed-use environments. The provision of active recreation and sports facilities in new neighbourhoods and public spaces will be supported as well as greening measures. Existing green infrastructure should be identified at the initial stages of the planning process for development and should guide the design of an appropriate site layout. A landscaping plan shall be submitted with an application that clearly illustrates how existing green infrastructure and opportunities to create new natural amenities, open space and linkageshave informed and are incorporated into development management layout and proposals.

Fingal County Council will identify buildings to facilitate activities for youth clubs, sports clubs, children's activities including photography, film, arts and literary clubs, science clubs, dance and drama clubs. Young people need to be actively encouraged to participate in extracurricular activities. Future developments should include these facilities as part of their planning requirements.

14.2.3  Sustainable Design and Climate Action

Good design has a key role to play in both reducing waste and emissions which contribute to climate change. These issues must be considered from the outset of the design process. Development proposals will be expected to minimise energy use and emissions that contribute to climate change during the lifecycle of the development with an aspiration towards zero carbon, and ensure the reduction, re-use or recycling of resources and materials, including water, waste and aggregates.

Layout and building design must conform to the highest possible standards of energy efficiency. Buildings shall 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.

Energy-saving and energy generating technologies, such as roof top solar panels and geothermal energy, shall be incorporated at the design stage 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 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 special and architectural character of an area.

These sustainable design elements shall be considered from the outset of the design process as they are integral to density, building orientation, height, form and materials and overall aesthetics and functionality of a proposed scheme.

To minimise the waste embodied energy in existing structures, the re-use of existing buildings should always be considered as a first option in preference to demolition and new build. See Chapter 5 Climate Action for further details on energy requirements and the reuse of existing structures.

14.2.4  Safety and Security

The relationship between buildings and their adjoining spaces strongly influences the sense of personal safety and design plays a key role in ensuring that spaces are well designed and have appropriate passive surveillance. All residential developments shall refer to Design for Safety and guidance contained in the DEHLG Quality Housing for Sustainable Communities – Best Practice Guidelines for Delivering Homes Sustaining Communities 2007.

14.3  Assessments Required for Particular Projects

14.3.1   Environmental Impact Assessment

Environmental Impact Assessments (EIA) consider whether development projects either alone or in combination are likely to have significant effects on the environment. The Planning and Development Regulations 2001, as amended, set out the mandatory thresholds for specified classes of development in which the preparation of an Environmental Impact Assessment applies. An EIA may need to be carried out even if the development is below the mandatory thresholds as set out in the regulations based on the potential impact on the environment.

The process involves the preparation of an Environmental Impact Assessment Report (EIAR) by the applicant and an examination and analysis of the EIAR and other relevant information leading to a reasoned conclusion by the Competent Authority (Fingal County Council) on the likely significant effects of the proposed development on the environment.

All planning applications will undergo EIA Screening by the Competent Authority as part of the planning application process. An EIA Screening Statement should be submitted with all applications. For further guidance see OPR Practice Note PN02 – Environmental Impact Assessment Screening see https://www.opr.ie/planning-practice/.

To facilitate the proper assessment of a development proposal in circumstances where it is considered that a proposed development would be likely to have a significant effect on the environment, due to the nature, scale or location of the proposal, Fingal County Council will require the submission of an Environmental Impact Statement in accordance with the provisions of the Planning and Development Regulations 2001, as amended.

14.3.2  Screening for Appropriate Assessment

Under Article 6 of the Habitats Directive there is a requirement to establish whether, in relation to plans and projects, if Appropriate Assessment (AA) is required. If, following screening, it is considered that AA is required, the proponent of the plan or project must prepare a Natura Impact Statement. A plan or project will only be authorised after the Competent Authority has ascertained, based on scientific evidence, Screening for Appropriate Assessment, and a Stage 2 Appropriate Assessment where necessary, that:

• The plan or project will not give rise to significant adverse direct, indirect or secondary effects on the integrity of any European (Natura 2000) site (s) (either individually or in combination with other plans or projects), or

• The plan or project will have significant adverse effects on the integrity of any European (Natura 2000) site(s) (that does not host a priority natural habitat type and/or a priority species) but there are no alternative solutions and the plan or project must nevertheless be carried out for imperative reasons of overriding public interest, including those of a social or economic nature. In this case, it will be a requirement to follow procedures set out in legislation and agree and undertake all compensatory measures necessary to ensure the protection of the overall coherence of European (Natura 2000) sites, or
• The plan or project will have a significant adverse effect on the integrity of any European (Natura 2000) site(s) (that hosts a natural habitat type and/or a priority species) but there are no alternative solutions and the plan or project must nevertheless be carried out for imperative reasons of overriding public interest - restricted to reasons of human health or public safety, to beneficial consequences of primary importance for the environment or, further to an opinion from the Commission, to other imperative reasons of overriding public interest. In this case, it will be a requirement to follow procedures set out in legislation and agree and undertake all compensatory measures necessary to ensure the protection of the overall coherence of European (Natura 2000) site(s).

Other Assessments which may be deemed necessary for Planning Proposals:

• Ecological Impact Assessment,
• Flood Risk Assessment,
• Traffic Impact Assessment,
• Landscape Appraisal,
• Archaeological Assessment,
• Architectural Assessment. This list is not exhaustive.

Objective DMSO1 Screening for Appropriate Assessment Ensure that all plans and projects in the County which could, either individually or in combination with other plans and projects, have a significant effect on a European site or sites are subject to Screening for Appropriate Assessment.

Objective DMSO2 Screening for Environmental Impact Assessment Ensure that all development projects within the County that are below the mandatory thresholds for Environmental Impact assessment, which could individually or in combination with other projects have significant effects on the environment are subject to EIA Screening.

Objective DMSO3 Local Authority Development Ensure Local Authority development proposals are subject to environmental assessment, as appropriate, including Screening for Appropriate Assessment and Environmental Impact Assessment.

 

14.4  Sustainable Placemaking and Quality Homes

This section provides guidance to applicants in relation to qualitative, quantitative and development management criteria for delivering within Fingal new public realms of distinction and to ensure housing demand is met with high-quality new homes encompassing a variety of tenure and typologies. In tandem, these elements contribute to achieving healthy place-making within the County and help to foster a strong sense of community and local identity in new and established communities. All guidance should be read in conjunction with Chapter 3 Sustainable Placemaking and Quality Homes and Chapter 4 Community Infrastructure and Open Space. These requirements will form the basis for evaluating planning applications for residential development and the wider public realm, helping to ensure that Fingal’s communities are inclusive, sustainable and resilient into the future.

14.4.1  Healthy Placemaking: Design Criteria

A multi-faceted approach is required to ensure healthy place-making is central to all design proposals for the re-purposing of existing and the creation of new public spaces. All applications will be required to exhibit high-quality sustainable and inclusive design characteristics, promoting healthy place- making and well-being. This will require that proposed developments demonstrate the manner in which they contribute to active travel, their connectivity to sustainable travel modes, proximity to community infrastructure including recreational facilities and measures to reduce car use, particularly for short journeys. Where new public realms are proposed, planning applications must demonstrate that the layout of such spaces has a considered, design-led approach taking into consideration issues including assimilation with the wider area, achievement of active and passive surveillance, ease of navigation and delivery of high levels of accessibility irrespective of the users age or mobility.

Objective DMSO4 Key Principles to consider in the achievement of Healthy Placemaking The design and layout of a development, the public realm and supporting infrastructure should incorporate Universal Design insofar as is feasible. Development should be well-designed and attractive to all users including children, people with disabilities, the elderly as well as accommodating cyclists and pedestrians. The relationship between the proposed scheme and its site context, including between proposed buildings and the adjoining streets, existing site features, pedestrian and cycle paths, as well as levels of active and passive surveillance should be carefully considered. There must be meaningful interaction between individual units within the scheme and the public realm. Creation of areas of distinction where communities can foster a sense of identity, irrespective of scale. Importance of the public realm as an area for passive and active use where the community can congregate. High quality finishing materials to proposed buildings and to the public realms, including seating, lighting, landscaping, tree planting, green infrastructure. Consideration of shelter, sunlight/daylight and shadowing. The provision of safe environments for all users where the principles of DMURS are utilised and active travel modes such as walking and cycling are favoured over car use.

14.4.2   High Quality Urban Design

High quality urban design is central to creating vibrant towns and villages. The Council is committed to ensuring that best practice urban design principles are applied to all developments. This will ensure the creation of attractive places in which to live, work and play. Imaginative, innovative and contemporary architecture will be encouraged in all development proposals. Through its design and use of materials and finishes, new development will be required to make a positive contribution to the streetscape and public realm it will address. It is the policy of the Council to ensure all such development is of a high-quality design and promotes the achievement of accessible, safe and sustainable built and natural environments reflecting the special character and heritage of the County and its varied townscapes and landscapes.

Design principles shall be based on the Guidelines for Planning Authorities on Sustainable Residential Development in Urban Areas’2009 and Urban Design Manual – A Best Practice Guide 2009. These guidelines set out twelve design principles that are to be applied in future development schemes.

Objective DMSO5  Design Statement All medium to large scale planning applications (in excess of 5 residential units or 300 sq m of retail/commercial/office development in urban areas) or as otherwise required by the Planning Authority shall be accompanied by a Design Statement to address the contextual and design issues which have been taken into consideration as part of the scheme. A Design Statement shall: Explain the design principles and design concept of the scheme. Demonstrate how the twelve urban design criteria (as per the 'Urban Design Manual-A Best Practice Guide’) have been considered when designing schemes in urban areas. Each of the twelve criteria is of equal importance and must be considered in an integrated manner. Outline how the development meets the Development Plan Objectives, and the objectives of any Local Area Plan, Masterplan, Framework Plan or other similar Plan affecting the site. Include photographs of the site and its surroundings. Include other illustrations such as photomontages, perspectives, sketches. Outline detailed proposals for open space and ensure the provision of open space is designed in from the beginning when designing a new scheme. Outline a detailed high quality open space and landscape design plan including specifications, prepared by suitably qualified professionals. Outline how Green Infrastructure integrates into the scheme. Demonstrate how the proposed scheme contributes in a positive manner to the public realm and to the local context. Provide detail in relation to all intended finishing materials to be applied throughout the scheme, including an overall materials palette demonstrating suitability for the scheme, its context and the streetscape.

14.4.3   Ensuring Accessibility for All

This Plan supports the development of high-quality community infrastructure, public realm and recreational amenities which offer an inclusive environment to existing and proposed communities ensuring accessibility for all and with a high degree of in-built flexibility and versatility to ensure that schemes can adapt over time. The mobility needs of the community must be taken into consideration at the early design stages including in relation to the physical layout of structures and realms, surface treatments and way finding measures. In order to ensure that all new development is inclusive and accessible, the Council will have regard to the Universal Design Guidelines for Homes in Ireland and Housing Options for our Ageing Population-Policy and the National Disability Authority’s ‘Building For Everyone: A Universal Design Approach 2012 and will seek best practice standards in terms of accessibility. Developers will be required to comply with Part M of the Building Regulations- Access and Use.

14.4.5  Town and Village Centres

Town, Village, District and Local Centres are the primary focus of economic, community and residential development throughout the County. This Plan promotes a ‘Town Centre First Approach’ and seeks to implement a strategic approach to town centre regeneration by utilising existing buildings and unused lands for new development and promote residential occupancy. This will include the promotion of age-friendly design including right-sizing proposals. Planning applications for change of uses in all urban and village centres will be assessed on their positive contribution to diversification of the area together with their cumulative effects on traffic, heritage, environment, parking and local residential amenity

Objective DMSO6 Change of Use in Urban and Village Centres Assess planning applications for change of uses in all urban and village centres on their positive contribution to diversification of the area together with their cumulative effects on traffic, heritage, environment, parking and local residential amenity.

14.4.6  Shopfront Design

The front of a shop, which includes any signage, is the public face of the premises and good shopfront design makes a valuable contribution to the quality of shopping areas. Poor quality shopfronts can seriously erode the character of a streetscape and can be visually intrusive. Shopfronts encompass not only retail units, but other business frontages such as restaurants, public houses, banks, offices and any ground floor activity addressing the street. Careful management needs to be exercised with regard to shopfront treatment and high-quality contemporary design will be encouraged.

New shopfront design will be required to respect the character and architectural heritage of existing streetscapes noting that corporate logos, designs and colours may not be appropriate in all locations. The use of film or screening which obscures the glazed area of a shopfront window will be discouraged as such material often create dead frontage to a streetscape. Security shutters can be another source of visual clutter and careful management in relation to this feature is also required. New security shutters should be positioned behind the window glazing in the interest of visual amenity.

Guidance documents have been published in relation to the provision of high-quality shop fronts for Malahide set out in the Malahide Public Realm Strategy-Design Guide for Shopfronts and for Rush set out in the Rush Urban Framework Plan 2018. Design Considerations and Guidelines for the alteration /upgrade of shopfronts which are relevant to all shopfront design are set out below.

Table 14.1 Shopfront Design Guidance

Shopfront Design Guidance All shopfront design, whether it be modern or traditional, should consider the streetscape, the building itself and the design detail of the shop unit. The Streetscape It is important to be aware of the street’s character and to consider the effect the design might have on the streetscape. Shopfronts should reflect the historic urban grain, building widths and contribute to good design and traditional character of the town or village. The Building The effect the shopfront will have on the building itself should also be considered as well as the adjoining buildings and shopfronts. Good shopfront design should be sensitive to the character of the building, particularly where it is within an Architectural Conservation Area, and should maintain its traditional frontage. It is important to maintain a vertical emphasis and have a relationship with the first floor opes/window alignments and proportions. Sizing and colour of signage/fascia relative to the wall of the shop is also important. The design details of the shopfront are of high importance. Ornaments, windows, door details and associated colours provide visual interest and should be maintained. The colour of the shopfront should be carefully considered and should enhance the building as well as the streetscape. Applications incorporating new or refurbishment of existing shop fronts shall demonstrate compliance with the Shopfront Check list below.

Table 14.2 Shopfront Design Checklist

Shopfront Check List Where formal clarification is required as to whether certain works require permission, a Section 5 Exemption Certificate under the Planning and Development Act 2000 (as amended) can be sought or, in the case of a Protected Structure, a Section 57 Declaration. Check if the building is a Protected Structure. If this is the case, conservation and enhancement of shopfronts instead of replacement is recommended. Retain traditional elements of the shopfront where possible, such as fascia, pilaster, stall riser, windows, doors, wall renders and other significant features of historic buildings, whether protected or not. Shop entrances should be accessible to all, including people with disabilities and those with prams/pushchairs. Proposals are required to comply with the relevant Building Regulations. Ensure that corporate logos, lighting, designs and colours are not used at the expense of the streetscape. Consider shopfront proportions and materials relative to the building overhead and the rest of the street. Consider fascia proportion and fascia signage – hand painted signage or individually mounted lettering is preferable. Projecting signs, banners and sandwich boards clutter a streetscape and should be avoided. Canopies should be incorporated within the design of the shopfront with the blind box recessed. Security shutters, if required, should be located behind the shopfront display and should be see-through in all cases. External security shutters should be avoided. Prevent the use of film or screening that obscures the glazed area of a shopfront window. No amplified music or other sound should be broadcast from any premises. Any such sounds within a premises should be controlled to be inaudible from adjoining premises or at 2 metres from the frontage. The night time appearance of the street is important. Careful management of security shutters is required. The provision of external roller shutters is not acceptable to either new or existing shopfronts. Mesh type security shutters should be positioned behind the window glazing in the interest of visual amenity. The shutter box associated with a security grille should be concealed behind the fascia of a shopfront. Alarm boxes and wiring should be sensitive in design and  located carefully on the façade of a building so as not to detract from a shopfront. Redundant cabling, security boxes and electronic equipment should be removed from shopfronts and buildings. Shopfronts should be designed to cater for mobility impaired persons and those with prams/pushchairs. Shopfronts must comply with Part M of the Building Regulations. Level access should be provided where possible. Shop entrances should be legible for the visually impaired, through measures such as use of colour contrasting. The removal of street doors giving separate access to upper floors will not be permitted unless alternative separate access is provided.

Objective DMSO7    Guidance for Shopfront Design Produce guidance for quality shopfront designs for designated locations throughout the County. Objective DMSO8   Contemporary Shopfront Design Ensure new shopfront designs respect the character and architectural heritage of the existing streetscape. Encourage, where appropriate, the use of contemporary shop front design ensuring the design, materials and proportion of the shopfront are appropriate and respect the scale and fabric of the building and / or street of which they form part.. Objective DMSO9   Prevent the Use of Film / Screening in Shopfront Windows Prevent the use of film or screening that obscures the glazed area of a shopfront window where it negatively impacts upon the streetscape. Objective DMS010   Corporate Logos, Lighting, Design and Colour Ensure that corporate logos, lighting, designs and colours are not used at the expense of the streetscape. Objective DMSO11   Placement of Security Shutters Require that security shutters on new shopfronts are placed behind the window glazing and are transparent and encourage the use of transparent security shutters in all existing shopfronts having regard to a history of vandalism.

14.4.7  Other Signage

The presence and location of signage can have a major impact on the visual amenity of an area. Poorly positioned and unnecessary signage can reduce the overall visual quality of an area. Particular attention will be paid to the design and location of new advertising in those areas where the Council intends to implement Framework Plans to maximise the potential environmental benefits of such schemes. Advertising signage, where permitted, should be simple in design, sympathetic to its surroundings, non-illuminated and not unduly obtrusive. The Council aims to reduce the amount of fixed structure signage and to ensure that un-authorised and redundant signage and advertisements are removed.

Objective DMSO12   Evaluation of Signage Proposals Evaluate signage proposals in relation to the surroundings and features of the buildings and structures on which signs are to be displayed, the number and size of signs in the area (both existing and proposed) and the potential for the creation of undesirable visual clutter. Objective DMSO13 Use of Irish and English Language in new Signage Encourage any new cultural, community and civic signage around the County to be displayed both in the Irish and English languages. Objective DMSO14   Energy Reduction Measures in Advertising Structures Demonstrate energy reduction measures in new and replacement advertising structures. Objective DMSO15   Billboard and Large Advertising Structures Resist new billboard and other large advertising structures and displays. Objective DMSO16   Unauthorised Advertisements and Signage Take enforcement measures so as to secure the removal of un-authorised advertisements from private property and to remove un-authorised advertisements from public areas. Where appropriate the Council will use the powers available under Section 209 of the Planning and Development Act, 2000 (as amended), to repair, tidy or remove advertisements structures or advertisements, or use the provisions of the Litter Pollution Act.

14.4.8  Street Furniture

The provision of street furniture, including tables and chairs on public footpaths may be subject to license by the Planning Authority under Section 254 of the Planning and Development Act2000 (as amended). Such seating areas should not obstruct ease of movement by pedestrians, including those with mobility impairments, the young, or persons using buggies/prams. Barriers around such seating areas should be of a suitable material, lightweight and easily demountable.

Street furniture may also include other pieces of equipment such as seating, planters, litter bins, phone boxes, lamp posts, bus shelters and notice boards. It is important that the location of such installations is carefully considered and has a coordinated approach in order to avoid over proliferation or give rise to possible obstruction. Where street furniture becomes obsolete or is no longer fit for purpose it should be removed.

14.4.9  Building Lines

In achieving a high quality of design within the public realm, the Council will seek to ensure that development is not carried out in front of established building lines, or in a position that would conflict with a building line. The form and pattern of extant development and relationship to existing building lines should also be considered in all new proposals.

14.4.10  Utility Facilities

The quality and finish of the public realm, and the achievement of successful spaces may be eroded by the inappropriate siting of utility facilities such as electricity substations and telecommunications equipment, especially those located to the front and side of buildings. While recognising that utility facilities are necessary, their siting should be incorporated at an early stage of the design process with collaboration between utility providers in sensitively locating such facilities.

Objective DMSO17 Location of New Utility Structures Where possible, new utility structures such as electricity substations and telecommunication equipment cabinets should not be located adjacent or forward of the front building line of buildings or on areas of open space. Objective DMSO18   High Quality Design of New Utility Structures Require new utility structures such as electricity substations and telecommunication equipment cabinets to be of a high-quality design and to be maintained to a high standard by the relevant service provider.

14.5  Consolidation of the Built Form: Design Parameters

14.5.1  Achieving Consolidation

A cross-cutting theme of this Plan focuses on the achievement of consolidated development within existing settlements across Fingal and the many benefits arising from this approach. This is addressed in particular in Chapter 3 Sustainable Placemaking and Quality Homes and supported by the findings of the Urban Capacity Study 2021. Consolidation may be achieved through the re-use and/or repurposing of previously developed, under-utilised, vacant or derelict properties and sites within existing development boundaries. Brownfield sites offer one such opportunity and comprise previously developed land that is not currently in use but which fulfilled a previous function and is now available for re-development purposes. Similarly, infill development opportunities or gap sites between existing buildings of varying extent also offer opportunities to consolidate existing development and to enhance streetscapes.
 

NPO 35 of the NPF seeks to increase residential density in settlements, through a range of measures including reductions in vacancy, re-use of existing buildings, infill development schemes, area or site- based regeneration and increased building heights. The development of small infill sites in urban centres provides significant scope for well-designed residential development, including opportunities for older members of the community to avail of appropriately sized housing options in town centre locations with the benefits of proximity to community infrastructure, services, transport links and recreational amenities.

Table 14.3 Brownfield Opportunities and Regeneration

Brownfield Opportunities and Regeneration The Planning Authority will seek to ensure that the following parameters are incorporated into proposals for the redevelopment of brownfield sites, regeneration sites and areas of renewal to ensure consolidated development in Fingal’s town and village settlements. Encourage development which provides for a quality design aesthetic which respects and enhances its context and integrates with its surroundings. Development proposals shall respect the architectural character of their surroundings and contribute to the enhancement of the public realm. Proposed developments shall consider the height, massing and urban grain of adjacent properties and employ similar or complementary architectural language to its context. Promote the use of appropriate residential densities. Utilise appropriate external finishing materials in façade treatments, shop front design and lighting installations. Ensure the use of high-quality materials in all hard and soft landscaping, preserving existing site features and incorporating into the proposed schemes where appropriate. Promote active street frontage in all developments. Encourage universal access. Provide an appropriate mix of uses including retail, residential, recreational, cultural, and community to improve, enhance and extend the range of uses and facilities in an area. Where possible and where of an appropriate scale, prioritise pedestrian and cycle permeability and connectivity through the site. Promote lifetime adaptable homes. Encourage utilisation of brownfield sites within the built-up footprint of existing settlements.

Table 14.4 Infill Development

Infill Development Infill Development presents unique opportunities to provide bespoke architectural solutions to gap sites and plays a key role in achieving sustainable consolidation and enhancing public realms. Proposals for infill development will be required at a minimum to: Provide a high-quality design response to the context of the infill site, taking cognisance of architectural form, site coverage, building heights, building line, grain, and plot width.

Examine and address within the overall design response issues in relation to overbearance, overlooking and overshadowing. Respect and compliment the character of the surrounding area having due regard to the prevailing scale, mass, and architectural form of buildings in the immediate vicinity of the site. Provide a positive contribution to the streetscape including active frontage, ensuring that the impacts of ancillary services such as waste management, parking and services are minimised. Promote active street frontages having regard to the design and relationship between the public realm and shopfronts of adjacent properties.

14.5.2  Building Density

The Plan promotes compact growth and consolidation of Fingal’s large urban areas, towns and villages and will support appropriate densities as expressed in national and regional policies NPF, RSES and the Section 28 Guidelines. In complying the national guidance, development proposals must also be cognisant of and respect the character, context and architectural qualities of the surrounding area and seek to ensure in all instances a high-quality architectural response to site development.

14.5.3  Building Heights

National policies with respect to the achievement of consolidation, increased densities and long-term strategic development are supported by guidance on building height including Urban Development and ‘Building Heights -Guidelines for Planning Authorities 2018. The Guidelines require that increased building height be considered in all urban contexts, subject to ensuring the highest standards of urban design, architectural quality and place-making outcomes. Applications for development proposals which include buildings of increased height and density should clearly demonstrate the suitability and positive impacts of the proposal with reference to the receiving environment, including justification for the height strategy proposed. This includes a demonstration of compliance with the 4 no. Specific Planning Policy Requirements (SPPR’s) contained within the Guidelines and summarised below.

Table 14.5 Urban Development and ‘Building Heights - Guidelines for Planning Authorities 2018 Specific Planning Policy Requirements

SPPR1	Support increased building height and density in locations with good public transport accessibility, particularly town/ city cores. Increased building height will be actively pursued for both redevelopment, regeneration and infill development to secure the objectives of the National Planning Framework and Regional Spatial and Economic Strategies and shall not provide for blanket numerical limitations on building height
SPPR2	Ensure appropriate mixtures of uses, such as housing and commercial or employment development, are provided for in statutory plan policy. Mechanisms such as block delivery sequencing could be utilised to link the provision of new office, commercial, appropriate retail provision and residential accommodation.
SPPR3	Where a development proposal complies with Guidance criteria and the assessment of the planning authority concurs, the planning authority may approve such development, even where specific objectives of the relevant development plan or local area plan may indicate otherwise, taking account of the wider strategic and national policy parameters set out in the National Planning Framework. Undertake a review of the existing planning schemes to ensure that the Building Heights criteria are fully reflected in the scheme.
SPPR4	Secure minimum densities on greenfield or edge of city/town locations for housing purposes as required under Sustainable Residential Development in Urban Areas (2007), ensure a greater mix of building heights and typologies in planning for the future development of suburban locations; and avoid mono-type building typologies (e.g. two storey or own-door houses only), particularly, but not exclusively so in any one development of 100 units or more.

 

This process of analysis shall be considered in conjunction with the provisions set out in the ‘Guidelines for Planning Authorities on Sustainable Residential Development in Urban Areas’ (2009) and ‘Urban Design Manual – A Best Practice Guide’ (2009)

14.5.4   Living Over the Shop

In encouraging the residential use of the upper floors of commercial properties in established retail/commercial areas, the Council will consider possible dispensations from normal standards to facilitate ‘Living-Over-The-Shop’ developments, which facilitate re-use of vacant floor space and contribute positively to town and village centre renewal. The Council will encourage Living Over the Shop subject to the suitability of the location, the impact of the development on the streetscape or on adjacent properties and where it can be satisfactorily demonstrated that the internal design and overall layout and standard of accommodation is of a high quality.
FCC will over the period of this plan, set meaningful and achievable targets to ensure the reuse of vacant over the shop floor space for residential use.

14.6  Design Criteria for Residential Development in Fingal

This following sets out the general requirements for residential development in Fingal, including standards for new apartment development and housing. Guidance is also provided in relation to other aspects of residential development including extensions to existing dwelling houses, ancillary accommodation needs e.g. family flats and guidance supporting small scale residential infill. Specific criteria is also set out in relation to specialised housing types including Build to Rent, Student Accommodation and Care Facilities.

NPO 13 of the NPF requires that in urban areas, planning and related standards, including in particular building height and car parking will be based on performance criteria that seek to achieve well- designed high-quality outcomes in order to achieve targeted growth. These standards will be subject to a range of tolerance that enables alternative solutions to be proposed to achieve stated outcomes, provided public safety is not compromised and the environment is suitably protected.

While the minimum standards will be sought in relation to refurbishment schemes, it is acknowledged that this may not always be possible, particularly in relation to historic buildings, ‘Living over the Shop’ projects and in certain urban infill developments. In some instances, and on a case-by-case basis, quantitative standards may be relaxed subject to the provision of excellent quality accommodation, and where the proposal secures compact growth, benefits from high quality transport links, is proximate to community infrastructure and renews underutilised building stock/sites. It must be satisfactorily demonstrated that the internal design and overall layout is closely aligned to the specific needs of occupants and proposals governing future management requirements are robust and enforceable.

14.6.1  Design and Layout

As examined under Chapter 3, Fingal County Council recognises the significant role which high quality residential development plays in the achievement of healthy, happy sustainable communities. This Plan places an emphasis on meeting and exceeding minimum standards ensuring that the design and layout of individual dwelling units provides high quality homes to accommodate Fingal’s growing population. Applications for residential development are required to demonstrate compliance with room sizes, dimensions and overall floor areas set out in national guidance documents including:

• ‘Quality Housing for Sustainable Communities Guidelines’, DEHLG (2007),
• ‘Guidelines for Planning Authorities on Sustainable Residential Development in Urban Areas’ (2009) and ‘Urban Design Manual – A Best Practice Guide’ (2009)
• ‘Sustainable Urban Housing: Design Standards for New Apartments’ (2020).

To demonstrate compliance with the housing and apartment standards set out below, all planning applications shall be accompanied by a Schedule of Accommodation in line with the requirements of the ‘Sustainable Urban Housing: Design Standards for New Apartments’, 2020.

14.6.2  Mix of Dwellings

The Council will support the provision of a mix of housing within Fingal, creating a range of tenure and typology options and will discourage undue segregation and the over provision of a single tenure type. All residential schemes are required to provide for a mix which reflects existing, and emerging household formation, housing demand patterns and trends identified within the specific area of the site and/or within the County as a whole. Applications shall include:

• A dwelling mix providing a balanced range of dwelling types and sizes to support a variety of households.
• A detailed breakdown of the proposed unit type and size including a percentage split between one, two, three and four bedroom units.
• A statement outlining how the scheme has been designed to meet the needs of older people/ or persons with a disability and/or lifetime homes.
• On smaller infill sites, a mix of dwellings which contribute to the overall dwelling mix in the locality.

14.6.3   Residential Density

In general, the density and number of dwellings to be provided within residential schemes should be determined with reference to ‘Guidelines for Planning Authorities on Sustainable Residential Development in Urban Areas’ (2009). Development should also be consistent with the policies and objectives set out in Chapter 3 of the Development Plan ‘Sustainable Placemaking and Quality Homes’, and should promote appropriate densities having regard to factors including the location of the site, accessibility to public transport and the principles of sustainability, compact growth and consolidation.

14.6.4  Residential Standards

The minimum size of habitable rooms for houses/apartments/and flats shall conform with appropriate National guidelines/ standards in operation at the date of application for planning permission.

Applications will be required to demonstrate compliance with the requirements set out in this Chapter, and ensure that residential schemes are compliant in terms of room sizes, storage space, dimensions and overall floor areas set out in the:

• ‘Quality Housing for Sustainable Communities Guidelines’, DEHLG (2007),
• ‘Guidelines for Planning Authorities on Sustainable Residential Development in Urban Areas’ (2009), the companion ‘Urban Design Manual – A Best Practice Guide’, DEHLG (2009)’
• ‘Sustainable Urban Housing: Design Standards for New Apartments’ (2020).

Objective DMSO19 New Residential Development  Require that applications for residential developments comply with all design and floor area requirements set out in: ‘Quality Housing for Sustainable Communities Guidelines’, DEHLG (2007), The ‘Guidelines for Planning Authorities on Sustainable Residential Development in Urban Areas (2009), the companion ‘Urban Design Manual – A Best Practice Guide’, DEHLG (2009) ‘Sustainable Urban Housing: Design Standards for New Apartments’ (2020).

Objective DMSO20   Schedule of Accommodation All planning applications for residential development shall be accompanied by a Schedule of Accommodation to demonstrate compliance with housing and apartment standards.

Objective DMSO21   Floor Plans for Residential Development Require that all planning applications for residential development include floor plans for each room indicating typical furniture layouts and door swings.

14.6.5  Open Space Serving Residential Development

In relation to Development Management, there are three categories of open space: Public Open Space, Communal Open Space and Private Open Space. The quantum, location and design of open space is addressed as part of the Development Management process and conditioned as part of a planning permission for development.

Table 14.6: Open Space Categories Open Space

Category	Description
Private Open Space	Private open space is designed to serve individual residential units and its scale is dependent on the nature and scale of the residential unit in question. Such space will generally take the form of balconies and/or private gardens. Maintenace is the responsibility of the resident.
Communal Open Space	Communal open space is open space which is designated for the use of a designated set of residents within a development and is generally maintained by a Management Company. This type of open space is typical of apartment type residential developments but may also form part of some housing schemes. Access may be restricted to specific residents for their exclusive semi-private use.
Public Open Space	Public open space is accessible to the public at large and in general is intended to be ‘taken-in charge’ by the Local Authority. Appropriate provision must be made for public open space within all new developments. In all instances where public open space is not provided a contribution under Section 48 will be required for the short fall.

 

All applications for residential development are required to demonstrate the provision of private open space to serve the future requirements of the occupants of the unit. All multi-unit residential schemes are in addition, required to indicate all communal and public open space which will serve the scheme.

Applicants shall at planning application stage (including Build to Rent schemes) provide a written schedule of all open space and shall submit a colour-coded drawing clearly indicating all areas of private, communal and public open space. The drawing should indicate (i) areas to be taken in charge by the Local Authority (ii) areas which will be within the private management of the home owner and (iii) areas which will be the responsibility of a private management company. Full details of any short fall in provision shall also be stated.

Public Open Space requirements are addressed in Chapter 4 and under Section 14.13 Private Open Space and Communal Open Space requirements to serve housing and apartment schemes are set out in the following sections.

14.6.6  External Factors for Consideration

14.6.6.1  Daylight and Sunlight

High levels of daylight and sunlight are essential to provide appropriate levels of residential amenity for residents and in ensuring that accompanying public realm areas including areas of outdoor space and seating etc. are not impacted by continuous high levels of shadowing. Internally, structures should benefit from high levels of sunlight ingress and the relationship between adjoining structures should be such that one does not limit the sunlight/daylight of another. Daylight and sunlight also contribute to building efficiency by reducing the need for artificial lighting while solar gain can reduce heating requirements.

All applications for residential development must ensure that the layout and design of individual units and accompanying public realms are designed in a manner which maximises daylight and sunlight. A Daylight and Sunlight Assessment may be necessary to assess the impacts of the proposed development on surrounding properties and amenity areas outside the site boundaries of an application and in order to assess the likely daylight and sunlight reaching proposed units and associated private, communal and public open spaces.

Development shall be guided by the principles of ‘Site Layout Planning for Daylight and Sunlight, A Guide to Good Practice- (Building Research Establishment Report) 2011’ and/or any updated guidance.

14.6.6.2  Wind Assessment

A Wind Assessment will be required in certain circumstances where buildings of increased height are proposed or in instances where there is potential for wind tunnelling arising from a proposed development. Such an assessment such clearly establish that the proposed space is suitable for the intended use and should indicate all mitigation measures to be adopted where necessary.
 

Objective DMSO22 – Daylight and Sunlight Analysis Require Daylight and Sunlight analysis for all proposed developments of 50+ units or as required by the Planning Authority, depending on the context of the site and neighbouring property as well as the design of the development.

14.6.6.3  Separation Distances

All proposals for residential development, particularly apartment developments, over three storeys high, shall provide for acceptable separation distances between blocks to avoid negative effects such as excessive overlooking, overbearing and overshadowing and to provide sustainable residential amenity conditions and open spaces. The minimum standard distance of 22 metres between opposing windows will apply in the case of apartments up to three storeys in height. In taller blocks, a greater separation distance may be prescribed having regard to the layout, size and design. In certain instances, depending on orientation and location in built up areas, reduced separation distances may be acceptable.

Objective DMSO23   Separation Distance A separation distance of a minimum of 22 metres between directly opposing rear first floor windows shall generally be observed unless alternative provision has been designed to ensure privacy. In residential developments over three-storeys in height, minimum separation distances shall be increased in instances where overlooking or overshadowing occurs.

14.6.6.4  Overlooking and Overbearance

Development proposals must assess levels of overbearance and potential to cause significant levels of overlooking to neighbouring properties. Issues in relation to excessive overlooking and overbearance may be addressed through relocation or reduction in building bulk and height. Mitigation measures to ameliorate overbearance should be considered and may include alterations to the bulk and massing of the proposed scheme relative to neighbouring property. Overlooking may also be addressed by appropriate designled solutions including the sensitive placement of fenestration and balcony treatments.

14.6.6.5  Amendments to Approved Residential Developments

Where an application is made for changes to the design or elements of a residential development, the duration of the permission for the revised design if granted will be linked by a condition to the parent grant of permission, to ensure compliance with the Core Strategy.

14.7  Apartment Development/Standards

In adopting national and regional planning policies in relation to settlement consolation and compact growth, is anticipated that the proportion of housing being provided in the form of apartments will increase in line with the growth strategy for the County. The location of apartment development is likely to correlate with higher density locations within the Settlement Hierarchy and in proximity to existing and planned transport corridors.

Apartment developments should be of a high-quality design and site layout having due regard to the character and amenities of the area. All planning applications for apartment schemes (including mixed use schemes incorporating apartment units) must include a schedule of the number and type of apartments proposed, together with a Schedule of Accommodation indicating the floor area of each unit, the number of units which are dual aspect, levels of private amenity space afforded each unit, communal and public open space, storage space (including dedicated storage space outside of the unit but to which the occupants have access), proposed access arrangements, tenure and level of accessibility.

Applications for apartment developments will be assessed against the requirements of ‘Sustainable Urban Housing: Design Standards for New Apartments’ Guidelines for Planning Authorities 2020’ (or updated guidance as may be in place at the time of lodgement of the planning application. The current Design Standards for New Apartments provide quantitative guidance for the design and layout of apartment schemes in order to safeguard design quality and to ensure a high standard of development. This includes a number of quantitative standards, including the following:

1. Apartment Floor Area (SPPR 3)
2. Dual Aspect Ratios (SPPR 4)
3. Floor-to-Ceiling Height (SPPR 5)
4. Lift and Stair Cores (SPPR 6)
5. Internal Storage
6. Private Amenity Space (Appendix 1)
7.  Communal Amenity Space (Appendix 1)
8. Children’s Play Space provision (Section 4)
9. Bicycle Parking and Storage (Section 4)
10. Build-to-Rent schemes (SPPR7 & SPPR 8)

The contents of the Guidelines (referred to as Apartment Guidelines for the remainder of this Section) have been incorporated below and the minimum floor areas set out in Table 1.0 in line with SPPR 3 of the Apartment Guidelines. The requirements of other relevant development standards including, minimum aggregate floor areas, minimum room widths, aggregate bedroom floor areas, floor to ceiling heights, public open space, private and communal space, play space, safety and security, acoustic and privacy standards, must also be complied which are set out below and within the Apartment Guidelines.

Objective DMSO24 – Apartment Development All applications for apartment development are required to comply with the Specific Planning Policy Requirements (SRRRs), the standards set out under Appendix 1 and general contents of the ‘Sustainable Urban Housing: Design Standards for New Apartments’ Guidelines for Planning Authorities 2020’ (or updated guidance as may be in place at the time of lodgment of the planning application).

14.7.1  Apartment- Unit Size and Mix

Specific Planning Policy Requirement 3 (SPPR 3) sets out the minimum floor areas for apartments

Table 14.7 Minimum Requirements for Apartments

Unit Type	Size (sq.m.)	Private Open Space Required (sq.m.)	Communal Open Space required (sq.m.)	Storage Space required (sq.m.)
Studio (1 person)	37	4	4	3
One Bedroom (2 person)	45	5	5	3
Two Bedroom (3 person)	63	6	6	5
Two bedroom (4 person)	73	7	7	6
Three bedroom (5 person)	90	9	9	9

14.7.2  Floor to Ceiling Heights

In line with SPPR 5 of the Apartment Guidelines, ground level apartment floor to ceiling heights shall be a minimum of 2.7m and shall be increased in certain circumstances, particularly where necessary to facilitate a future change of use to a commercial use. 3.0m should be considered in such instances. For building refurbishment schemes on sites of any size or urban infill schemes on sites of up to 0.25ha, the Guidelines state that Planning Authorities may exercise discretion on a case-by-case basis, subject to overall design quality.

In certain main urban centre locations, where apartments front onto or adjoin busy commercial streets the need for future adaptability of ground floor areas from residential to potential commercial uses should be considered. A floor to ceiling height of 3.5m to 4m may be required for ground floor apartments in such cases.

14.7.3  Internal Storage

Internal storage within an apartment unit shall be provided in accordance with the Apartment Guidelines as set out in Appendix 1.

• Storage should be additional to kitchen presses and bedroom furniture.
• Hot press/boiler space will not count as general storage.
• No individual storage room should exceed 3.5 sq.m.

Apartment schemes should provide storage for bulky items outside individual units (i.e. at ground or basement level). Secure, ground floor storage space allocated to individual apartments and located close to the entrance to the apartment block or building should be provided. This form of storage may be used for equipment such as, for example, bicycles or bicycle equipment, children’s outdoor toys or buggies.

This form of storage does not satisfy bicycle parking requirements for the apartment scheme.

14.7.4  Dual Aspect

Dual aspect units significantly enhance the residential amenity of apartment units providing for better daylight and sunlight penetration and cross-ventilation. Where single aspect apartments are provided, the number of south facing units should be maximised, with west or east facing single aspect units also being acceptable.

North facing single aspect apartments may be considered, where overlooking a significant amenity such as a public park, garden or formal space, or a water body or some other amenity feature. Particular care is needed where windows are located on lower floors that may be overshadowed by adjoining buildings.

In line with SPPR 4 of the Apartment Guidelines:

• There shall be a minimum of 33% dual aspect units required in more ‘central and accessible urban locations’, where it is necessary to achieve a quality design in response to the subject site characteristics and to ensure good street frontage.
• In ‘suburban or intermediate locations’ it is an objective that there shall generally be a minimum of 50% dual aspect apartments in a single scheme.
• For building refurbishment schemes on sites of any size or urban infill schemes on sites of up to 0.25ha, the Apartment Guidelines state that planning authorities may exercise further discretion to consider dual aspect unit provision at a level lower than the 33% minimum outlined above on a case-by-case basis, but subject to the achievement of overall high design quality in other aspects.

14.7.5  Lift and Stair Cores

The number of lift and stair cores is principally governed by the dual aspect ratios specified in the Apartment Guidelines. SPPR 6 requires a maximum of 12 apartments per floor per core be provided in apartment schemes. This maximum provision may be increased for building refurbishment schemes on sites of any size or urban infill schemes on sites of up to 0.25ha, subject to overall design quality and compliance with building regulations.

14.7.6  Private Open Space

Every apartment shall have private amenity space in the form of gardens or patios/terraces for ground floor apartments and balconies at upper levels. Private amenity space shall be provided in the form of terrace, balcony or private garden and should be located off the main living area in the apartment. Private amenity space should be located to optimise solar orientation and designed to minimise overshadowing and overlooking. The minimum areas for private amenity are set out in Appendix 1 and Section 3 of the Apartment Guidelines.

At ground floor level, private amenity space should be sufficiently screened to provide for privacy. Where ground floor apartments are to be located adjoining a public area, consideration should be given to the provision of a ‘privacy strip’ of approximately 1.5m in depth. This should be influenced by the design, scale and orientation of the building and on the nature of the street or public area and if provided, subject to appropriate landscape design and boundary treatment.

14.7.8 Communal Amenity Space

Applications must clearly distinguish between communal and public open space to serve an apartment development. Communal amenity space, is in addition to any private or public open space provision within a scheme and may be provided as a garden within the courtyard of a perimeter block or adjoining a linear apartment block. Roof gardens may also be provided but must be accessible to residents, subject to requirements such as safe access by children. Communal open space must be of high-quality design, be accessible, overlooked and conveniently located for use of residents. Particular attention should be paid to ensuring such areas benefit from adequate daylight and sunlight throughout the year. Accessible, secure and usable outdoor space is a high priority for families with young children and for less mobile older people and as such should be capable of providing for a range of activities including, children’s play areas and passive recreation. In this regard, particular attention should be paid to the quality of hard and soft landscaping as well as to outdoor furniture and other facilities.

Where ground floor balconies/terraces front areas of communal spaces, the design of the interface area between the two should be carefully considered with regard to privacy and security for the individual units. A considered approach to landscaping and boundary treatment in this area will be required.

The future maintenance of such amenity spaces should also be considered.

For building refurbishment schemes on sites of any size or urban infill schemes on sites of up to 0.25ha communal amenity space may be relaxed in part or whole, on a case-by-case basis, subject to overall design quality.

14.7.9  Public Open Space

Public Open Space serving apartment developments is addressed in Chapter 4 Community Infrastructure and Open Space and under Section 14.13 of this chapter.

14.7.10  Communal Facilities

Applicants are encouraged to provide for a range of communal facilities for residents of a scheme, particularly as part of larger apartment developments. The range and mix proposed should form part of pre-planning consultation with the Planning Department in advance of lodgement of the planning application. Such facilities may include laundry rooms (in well-ventilated areas), community or meeting rooms or on-site management/maintenance facilities. Consideration may also be given to co- working spaces.

14.7.11  Building Lifecycle report and Management Companies

As required under the Guidelines, certainty regarding the long-term management and maintenance structures to be put in place are critical. It is essential that robust legal and financial arrangements are provided to ensure that an apartment development is properly managed, with effective and appropriately resourced maintenance and operational regime. Consideration of the long-term running costs and the eventual manner of compliance with the Multi- Unit Developments Act, 2011 are matters which should be considered as part of any assessment of a proposed apartment development.

Accordingly, planning applications for apartment developments within Fingal will be required to submit a building lifecycle report. This should include:
 

• An assessment of long-term running and maintenance costs as they would apply on a per residential unit basis at the time of application, as well as demonstrating what measures have been specifically considered to effectively manage and reduce costs for the benefit of residents.
  • Property Management of the Common Areas of the development
  • Service Charge Budget
• Accordingly, when granting planning permission for such developments, which are not proposed to be Taken in Charge by the Council, the Guidelines state that planning authorities can attach appropriate planning conditions that require:
  • Compliance with the MUD Act,
  • Establishment of an Owners Management Company (OMC) and,
  • Establishment and ongoing maintenance of a sinking fund commensurate with the facilities in a development that require ongoing maintenance and renewal.

14.7.12  Security and Surveillance

Applications for apartment developments should clearly demonstrate how matters of safety have been incorporated into the overall design. Within the scheme, the design should include for the maximisation of natural surveillance of all common areas, streets and parking areas and for active frontage to the building facades. Particular attention should be paid to the location of entrance doors and lobbies to ensure that such areas are well lit, have high levels of active surveillance and are overlooked. The design should also give due consideration to the security and privacy levels afforded to ground floor apartments. This may include the provision of a defensible privacy strip, landscape planting and other measures, while ensuring appropriate levels of light ingress. Access to internal and external communal areas should also be controlled.

14.7.13  Refuse Storage

Provision shall be made for the storage and collection of waste in all applications for apartment development. Refuse facilities should be accessible to each apartment stair/lift core and be adequately sized to cater for the projected level of waste generation, types and quantities. Within apartments, there should be adequate provision for the temporary storage of segregated materials prior to removal to communal waste storage.

Waste storage areas should not be on the public street and should not be visible to or accessible by the general public. Waste storage areas in basement car parks should be avoided where possible, but where provided, must ensure adequate manoeuvering space for collection vehicles.

14.7.14  Build to Rent

Build to Rent comprises purpose-built residential accommodation which is specifically provided for long-term rental, managed and serviced by an institutional landlord. It is an objective of the Council to facilitate the provision of Build-to-Rent Accommodation in suitable locations in accordance with the provisions of the Apartment Guidelines. Build to Rent serves an important role in meeting housing demand and provides an additional housing tenure option in the market. It is important to ensure however, that no one housing type dominates and a mix of housing options and tenures is preferable in achieving a sustainable housing mix. Build to Rent Schemes should be located close to high quality public transport networks, settlement and employment centres. The Apartments Guidelines set out specific planning policy requirements for ‘Build to Rent’ developments. SPPR7 and SPPR8 relate.

14.7.15  Shared Accommodation

SPPR 9 of the Apartment Guidelines states that there shall be a presumption against granting planning permission for shared accommodation/co-living development unless the proposed development is required to meet specific demand identified under the Housing Need and Demand Assessment.

14.8  Houses Development/Standards

14.8.1  Floor Areas

The minimum size of habitable rooms for houses shall conform with dimensions as set out in ‘Quality Housing for Sustainable Communities: Best Practice Guidelines for Delivering Homes Sustaining Communities’ (2007) or the appropriate National Guidelines standards in operation at the date of lodging the application for planning permission.

14.8.2  Separation Distances

A minimum standard of 22 metres separation between directly opposing rear first floor windows shall be observed, normally resulting in a minimum rear garden depth of 11 metres. However, where sufficient alternative private open space (e.g. to the side) is available, this may be reduced - subject to the maintenance of privacy and protection of adjoining residential amenities.

All proposals for residential development over three storeys high, shall provide for acceptable separation distances between blocks to avoid negative effects such as excessive overlooking, overbearing and overshadowing effects and provide sustainable residential amenity conditions and open spaces.

In certain instances, depending on orientation and location in built up areas, reduced separation distances may be acceptable. Any relaxing of standards will be assessed on a case-by-case basis and should not be seen as setting a precedent for future development.

A separation distance of at least 2.3 metres should be provided between the side walls of each house, pair of semi-detached houses or each terrace of houses in order to allow for adequate maintenance and access. (Note: This separation distance may be reduced on a case-by-case basis in relation to infill and brownfield development which provides for the regeneration of under-utilised lands and subject to the overall quality of the design and the schemes contribution to the streetscape. The applicant should submit a statement demonstrating design mitigation and maintenance arrangements.

Objective DMSO26  Separation Distance between Side Walls of Units Ensure a separation distance of at least 2.3 metres is provided between the side walls of detached, semi-detached and end of terrace units. (Note: This separation distance may be reduced on a case-by-case basis in relation to infill and brownfield development which provides for the regeneration of under-utilised lands and subject to the overall quality of the design and the schemes contribution to the streetscape. A statement demonstrating design mitigation and maintenance arrangements shall be submitte in such cases)

  14.8.3  Private Open Space

Private Open Space shall usually be provided to the rear of the front building line of the house and to the requirements set out below. Narrow strips of open space to the side of houses shall not be included in the private open space calculations.

Table 14.8 Private Open Space for Houses

House type	Minimum open space
3 bedrooms or less	60 sq.m.
4 or more bedrooms	75 sq.m.

Objective DMSO27   Minimum Private Open Space Provision Ensure a minimum open space provision for dwelling houses (exclusive of car parking area) as follows: 3 bedroom houses or less to have a minimum of 60 sq. m. of private open space located behind the front building line of the house. Houses with 4 or more bedrooms to have a minimum of 75 sq. m. of private open space located behind the front building line of the house. Narrow strips of open space to the side of houses shall not be included in the private open space calculations. Objective DMSO28   Minimum Private Open Space Provision for Townhouses Allow a reduced standard of private open space for one and two bedroom townhouses only in circumstances where a particular design solution is required such as to develop small infill/ corner sites. In no instance will the provision of less than 48 sq m of private open space be accepted per house.

14.9  Residential Development - General Requirements

The following requirements as set out below will relate to all forms of residential development, including housing and apartment schemes and should be taken into consideration at the design stage of the development.

 

14.9.1  Phasing of Development

Developments over 100 residential units shall demonstrate that adequate provision for specified physical and social infrastructural requirements, including: roads, sewers, water mains, community, recreational and sporting facilities (indoor and outdoor), public transport, schools and shops are available at completion to support development.

In addition, when considering proposals for development within the curtilage of Protected Structures a proposed phasing agreement should be provided.

A phasing schedule for any such development shall be submitted with a planning application.

14.9. 2  Naming of Estates

The naming of residential estates plays an important role in the identity of an area and ultimately in successful placemaking. It is important that the naming of streets and residential estates reflect the local placenames and local people of note, heritage, language or topographical features as appropriate and shall incorporate old placenames from the locality as much as possible and where appropriate shall be in Irish. The use of bi-lingual signage will be required.

The applicant/developer should ensure that the chosen place name for a new residential development is appropriate relative to its location, and is not already in use within the County.

Objective DMSO29   Naming of Streets and Residential Estates  Naming of streets and residential estates shall reflect the local placenames and local people of note, heritage, language or topographical features as appropriate and shall incorporate old placenames from the locality as much as possible and where appropriate shall be in Irish. The use of bi-lingual signage will be required.

14.9.3  Roads and Footpaths

The design of streets in urban areas is guided by the Design Manual for Urban Roads and Streets (DMURS). This Plan will support the implementation of DMURS principles for all new transportation and public realm schemes within the County.

14.9.4   Open Plan Estates

It is important to maintain the openness of residential development, particularly schemes where openness is a defining feature of the development. This can be achieved through the removal of the exempted development rights with regard to the provision of boundary walls, railing or other features to the front of houses.

14.9.5  Gated Communities

Gated communities are communities or developments in which access to the public is not readily available due to the erection of different types of physical barriers. Gated communities serve to exclude and divide communities and do not support the development of a permeable, connected and linked urban area. Prohibit proposals that would create a gated community for any new residential developments.

Objective DMSO30   Gated Communities Prohibit proposals that would create a gated community for any new residential developments.

14.9.6  Taking in Charge and Management Companies

In residential developments which are not proposed to be taken in charge by the Council, evidence will be required that Private Management Companies are to be established to manage developments on completion with a requirement for compulsory membership for all purchasers of property within the scheme.

If a development (or part thereof) is to be Taken in Charge by the Council, the applicant shall agree at planning application stage those areas to be taken in charge by the Local Authority with such areas clearly delineated on a layout plan. All areas not to be Taken in Charge by the Council and which will become the responsibility of a properly constituted Private Management Company, shall also be clearly indicated, and submitted with the planning application.

All roads, footpaths, sewers, drains, lighting columns, mini-pillars, watermains, services and open spaces within the privately managed areas, irrespective of the management and maintenance regime to be put in place for these areas, shall be satisfactorily completed to the standard for development works as set out in ‘Fingal County Council’s Taking in Charge Policy and Specifications’ December 2020’. In this regard, applicants shall have regard to the Department of the Environment, Community and Local Governments document "Taking in Charge of Residential Developments Circular Letter PD 1/08", and "Circular Letter PL 5/2014".

14.9.7  Bonds

To ensure the satisfactory completion of development works, such as roads, surface water drainage, public lighting and open space, including the protection of trees, on a site which has been the subject of a grant of permission, a bond or cash lodgement may be required until the development has been satisfactorily completed. The amount of such bond or cash lodgement will be determined by the Planning Authority.

14.9.8  Refuse Storage

In the case of communal refuse storage provision, the collection point for refuse should be accessible both to the external collector and to the resident and should be secured against illegal dumping by non-residents. In the case of individual houses, the applicant shall clearly demonstrate the proposed location and design of bin storage to serve each dwelling.

Objective DMSO31  Refuse Storage Areas Ensure all new residential schemes include appropriate design measures for refuse storage areas, details of which should be clearly shown at pre-planning and planning application stage. Ensure refuse storage areas are not situated immediately adjacent to the front door or ground floor window, unless adequate screened or other such mitigation measures are provided. Objective DMSO32   Distance to Communal Bin Areas    Ensure the maximum distance between the front door to a communal bin area does not exceed 50 metres.

14.10  Additional Accommodation in Existing Built-up Areas

14.10.1   Corner/Infill Development

The development of infill housing on underutilised infill and corner sites in established residential areas will be encouraged where proposals for development are cognisant of the prevailing pattern of development, the character of the area and where all development standards are observed. While recognising that a balance is needed between the protection of amenities, privacy, the established character of the area and new residential infill, such development provides for the efficient use of valuable serviced land and promotes consolidation and compact growth.

Contemporary design is encouraged and all new dwellings shall comply with Development Plan standars in relation to accommodation size, garden area and car parking.

Objective DMSO33   Infill Development  New infill development shall respect the height and massing of existing residential units. Infill development shall retain the physical character of the area including features such as boundary walls, pillars, gates/gateways, trees, landscaping, and fencing or railings. Objective DMSO34  Infill Development on Corner / Side Garden Sites  Applications for residential infill development on corner/side garden sites will be assessed against the following criteria: Compatibility with adjoining structures in terms of overall design, scale and massing. This includes adherence to established building lines, proportions, heights, parapet levels, roof profile and finishing materials. Consistency with the character and form of development in the surrounding area. Provision of satisfactory levels of private open space to serve existing and proposed dwelling units. Ability to safeguard the amenities of neighbouring residential units. Ability to maximise surveillance of the public domain, including the use of dual frontage in site specific circumstances. Provision of side/gable and rear access arrangements, including for maintenance. Compatibility of boundary treatment to the proposed site and between the existing and proposed dwellings. Existing boundary treatments should be retained/ reinstated where possible. Impact on street trees in road side verges and proposals to safeguard these features. Ability to provide a safe means of access and egress to serve the existing and proposed dwellings. Provision of secure bin storage areas for both existing and proposed dwellings.

 

14.10.2   Residential Extensions

The need for housing to be adaptable to changing family circumstances is recognised and acknowledged and the Council will support applications to amend existing dwelling units to reconfigure and extend as the needs of the household change, subject to specific safeguards. In particular, the design and layout of residential extensions must have regard to and protect the amenities of adjoining properties, particularly in relation to sunlight, daylight and privacy. The design of extensions must also have regard to the character and form of the existing building, its architectural expression, remaining usable rear private open space, external finishes and pattern of fenestration. Additionally, careful consideration should be paid to boundary treatments, tree planting and landscaping. The following Section provides guidance in relation to, front extensions, side extensions, rear extensions, first floor rear, roof alterations including attic conversions and dormer extension.

14.10.2.1  Front Extensions

Porch extensions, other than those deemed to be exempted development, should be of appropriate design and scale relative to the design of the original house. The scale, height, and projection from the front building line of the dwelling should not be excessive so as to dominate the front elevation of the dwelling. The porch should compliment the existing dwelling, and a contemporary design approach may be considered.

Front extensions will be assessed in terms of their scale, design, and impact on visual and residential amenities. Significant breaks in the building line should be resisted unless the design can demonstrate to the Planning Authority that the proposal will not impact on the visual or residential amenities of directly adjoining dwellings. Sufficient depth to the forecourt is required to ensure off-street car parking is not impacted.

14.10.2.2   Side Extensions

Side extensions will be evaluated against proximity to boundaries, size and visual harmony with existing (especially front elevation) and impacts on residential amenity. First floor side extensions built over existing structures and matching existing dwelling design and height will generally be acceptable. In certain cases, a set-back of the extension’s front facade and its roof profile and ridge may be sought to protect amenities, integrate into the streetscape and avoid a ‘terracing’ effect. External finishes shall generally match the existing.

14.10.2.3  Ground Floor Extensions (rear)

Ground floor rear extensions will be considered in terms of their length, height, proximity to mutual boundaries and quantum of usable rear private open space remaining to serve the dwelling house. The proposed extension should match or complement the existing dwelling house.

14.10.2.4  First Floor Extensions

First floor rear extensions will be considered on their merits, noting that they can have potential for negative impacts on the amenities of adjacent properties, and will only be permitted where the planning authority is satisfied that there will be no significant negative impacts on surrounding residential or visual amenities. In determining applications for first floor extensions the following factors will be considered:
 

• Overshadowing, overbearing, and overlooking - along with proximity, height, and length along mutual boundaries.
• Remaining rear private open space, its orientation and usability.
• Degree of set-back from mutual side boundaries.
• External finishes and design, which shall generally be in harmony with existing

14.10.2.5   Roof Alterations including Attic Conversions and Dormer Extensions

Roof alterations/expansions to main roof profiles, for example, changing the hip-end roof of a semi- detached house to a gable/‘A’ frame end or ‘half-hip’, will be assessed against a number of criteria including:

• Consideration and regard to the character and size of the structure, its position on the streetscape and proximity to adjacent structures.
• Existing roof variations on the streetscape.
• Distance/contrast/visibility of proposed roof end.
• Harmony with the rest of the structure, adjacent structures and prominence.

Dormer extensions to roofs will be evaluated against the impact of the structure on the form, and character of the existing dwelling house and the privacy of adjacent properties. The design, dimensions, and bulk of the dormer relative to the overall extent of roof as well as the size of the dwelling and rear garden will be the overriding considerations, together with the visual impact of the structure when viewed from adjoining streets and public areas.

Dormer extensions shall be set back from the eaves, gables and/or party boundaries and shall be set down from the existing ridge level so as not to dominate the roof space.

The quality of materials/finishes to dormer extensions shall be given careful consideration and should match those of the existing roof.

The level and type of glazing within a dormer extension should have regard to existing window treatments and fenestration of the dwelling. Regard should also be had to extent of fenestration proposed at attic level relative to adjoining residential units and to ensure the preservation of amenities.

Excessive overlooking of adjacent properties should be avoided.

14.10.3  Family Flats

A family flat refers to the provision of accommodation connected to an existing dwelling with a level of independence for an undefined temporary period. This may involve the subdivision of a single dwelling, provision of an extension or conversion of a garage attached to the main dwelling, where the use is for a member of the immediate family (e.g. elderly parent). Applications will be assessed in terms of the impact on the integrity of the existing dwelling and neighbouring properties and compliance with the following criteria must be demonstrated:

• A requirement for the family flat must be demonstrated including details of the relationship between the occupant of the main dwelling and the occupant of the family flat.
• When no longer requested for use as a family flat, the accommodation must be capable of being subsumed into the main property.
• Any such extension to the main dwelling shall be subsidiary in scale relative to the main dwelling and shall not exceed an internal floor area of 60sq.m.
• The family flat should not impact adversely on either the residential amenities of the existing property or the residential amenities of the area.
• The entrance to the family flat must be via the main dwelling. Where own-door access is unavoidable, own-door access shall be located to the side or rear.
• No sub-division of the garden is permitted.

14.10.4   Garden Rooms

Garden Rooms can provide useful ancillary accommodation such as a playroom, gym, or study/home office for use by occupants of the dwelling house. Such structures should be modest in floor area and scale, relative to the main house and remaining rear garden area. Applicants will be required to demonstrate that neither the design nor the use of the structure would detract from the residential amenities of either the main residence or of adjoining property. External finishes shall be complementary to the main house and any such structure shall not provide residential accommodation and shall not be fitted out in such a manner including by the insertion of a kitchen or toilet facilities. Such structures shall not be let or sold independently from the main dwelling.

14.10.5  Home Based Economic Activity

Development proposals for small scale home based economic activity, defined as small scale economic activity carried out by residents of the dwelling house and being subordinate to the use of the house as dwelling unit will be considered where the applicant is the resident of the house and can demonstrate that the proposed activity would not adversely impact the existing residential amenity of the area. This includes impacts such as increased traffic, noise, fumes, vibration, smoke, dust or odour. The Planning Authority will assess the suitability of the residential site to accommodate the proposed home-based economic activity having regard to the:

• nature and scale of the activity proposed including hours of operation.
• requirement for the activity

• location and size of the site
• Impacts on the amenity of the residential unit and on neighbouring properties in terms of noise and disturbance.
• the prevailing density of the area
• the availability of adequate safe car-parking and expected levels of traffic generation (including deliveries where relevant)
• the general compatibility of the nature of the use with the site context.
• waste generation.

Home-based economic activity will generally be permitted on a short-term or temporary basis to enable an ongoing assessment of any impact of the activity on residential amenity.

Objective DMSO35   Home Based Economic Activity  Permit home-based economic activities where the proposed activity is subordinate to the main residential use of the dwelling and does not adversely impact the existing residential amenities of the area by way of noise or disturbance. Objective DMSO36  Home Based Economic Activity (Temporary) Permit home-based economic activity on a short-term or temporary basis to enable an ongoing assessment of any impact of the activity on residential amenity, where required.

14.10.6    Pigeon Lofts

Objective DMSO37   Pigeon Lofts Applications for new or extensions to pigeon lofts will be evaluated against the following criteria: Pigeon lofts should be located as far as possible from neighbouring dwellings. In general, they should be a minimum distance of 10 metres from adjoining residential units, but in locations where this is not possible, the circumstances of each case will be considered. Pigeon lofts should be of sound construction with a concrete floor or sub-floor and should facilitate ease of cleaning and provide adequate ventilation, while being secure against rodents. A high-quality external design and finish to the pigeon loft will be required and structures are required to be maintained in good condition. The appropriate size of a loft will depend on the nature of the property and the proximity of neighbouring properties. In general, pigeon lofts should not exceed 25sqm in area and should have a maximum height of 3 metres with a pitched roof, or 2.5 metres with a flat roof. In no circumstances will an open loft be permitted (an open loft is one where pigeons may enter or leave at any time)

14.11   Other Residential/Housing for All

The section sets out the general requirements for specialised or specific housing types within Fingal

14.11.1   Student Accommodation

All proposals for student accommodation should comply with the Department of Education and Science Guidelines on Residential Development for Third Level Students (1999), the subsequent supplementary document published in 2005, the provisions of the ‘National Student Accommodation Strategy’ (2017), and Circular PL8/2016. These documents provide definitions of ‘students’ and ‘educational institutions’ and recommendations in relation to minimum bed-space and other similar requirements.

Further to Policy SPQHP27, the Council will support the provision of high-quality purpose built, professionally managed, third level student accommodation on the campus of Third Level Institutions or at other appropriate locations with access to public transport corridors which are proximate to third level centres of education. Developments will be evaluated against the following criteria:

Objective DMSO38   Third Level Student Accommodation Evaluate proposals for third level student accommodation against the following criteria: The proposed use must be consistent with the underlying land use zoning objective. Provision of adequate external communal space to serve residents. The quantum of purpose-built student accommodation does not result in an over concentration of such developments in any area. Provision of ancillary uses (e.g. café / shop) at ground floor level in locations not served by convenient services. Accommodation is provided to the appropriate quantitative standards. Provision of communal facilities appropriate to the scale of the development, including communal lounges; study rooms; TV / cinema room etc. Ensure appropriate provision of ancillary supporting facilities including refuse facilities, car parking and cycle parking. Minimise impacts on the residential amenity of the surrounding area. Ensure satisfactory management arrangements are in place, including a requirement that occupants will be students registered with third-level institutions. All permissions for student housing shall have a condition attached requiring that planning permission is required for subsequent any change of use from student accommodation to other type of accommodation.

14.11.2 Age Friendly Housing

The Council will promote an age-friendly approach by ensuring that both existing and proposed residential developments are future proofed for an ageing population. In accordance with the principles of ‘Housing Options for Our Ageing Population’- Policy Statement 2019’, the Planning Authority will advocate an age-friendly approach with respect to new residential in Fingal. Applicants for residential development should consider the incorporation of units suitable for elderly persons within proposed schemes, and consideration should be given to accompanying facilities and materials which promote this approach. The Council will consider proposals, including the development of small infill sites for appropriate forms of residential development for age-friendly housing, including opportunities for those wishing to downsize from larger family homes to more appropriately sized units ‘Right-Sizing’ with benefits of town centre living and proximity to community infrastructure, transport etc.
 

Housing proposals specifically aimed at older people should be designed having regard to Universal Design Standards enabling the property to be future proofed for the possible care needs of the occupant and to ensure sufficient floor space to cater for care assistance/visitors. In this regard, development proposals will be required to comply with any future technical guidance relating to design specifications for housing for older people in place at the time of making the planning application.

14.11.3  Traveller Accommodation

The Council will implement the Fingal Traveller Accommodation Programme 2019-2024 and any superseding Programmes agreed by Fingal County Council over the lifetime of this Plan.

14.11.4  Residential Care Homes, Retirement Homes, Nursing Homes, Retirement Villages and Sheltered Accommodation

The Council recognises that the provision of care for the elderly and other vulnerable people is an essential community requirement.

Such facilities should be resisted in the open countryside for reasons relating to sustainability, poor accessibility and lack of public transport, social exclusion and isolation and instead supported in established centres, served by community infrastructure, services, recreational amenities and public transport links.

Objective DMSO39   Location of Age Friendly Housing Require that residential care homes, retirement homes, nursing homes, retirement villages and sheltered accommodation are located in towns and villages for reasons of sustainability, accessibility, social inclusion, and proximity to services, except where a demonstrated need to locate in a rural environment because of the nature of the care required can be clearly established.

Objective DMSO40   Applications for Age Friendly Housing Require that applications for residential care homes, retirement homes, nursing homes, retirement villages and sheltered accommodation demonstrate the following:  That the scale of the facility is appropriate to and in keeping with the character of the surrounding area. The residential amenities of adjoining properties are safeguarded. ¨ Schemes are provided with high-quality, accessible open space for the benefit of residents.  Residents are provided with good quality, appropriately sized, on-site communal facilities and amenities to socialise with other residents and visitors. Proposals must demonstrate a high degree of accessibility to local services, public transport and provision of good footpath links. Is served by appropriate level of parking. High quality design and appropriate use of materials.

It is essential that adequate and suitable open space area and other facilities are provided for residential care homes, retirement homes, nursing homes, retirement villages and sheltered accommodation. It is recognised that reduced quantity standards may be appropriate in some cases due to the level of care that is provided or by virtue of the location of the facility. Planning applications for such development should include detailed open space and landscaping plans that take account of the location of the facility, the availability/ suitability of existing open space and the needs of the residents of the facility.

Objective DMSO41   Open Space Standards for Age Friendly Housing Accept reduced open space quantity standards for certain developments, namely residential care homes, retirement homes, nursing homes, retirement villages and sheltered accommodation where a reduction is deemed appropriate by virtue of the specific open space needs of the residents and where suitable accessible green open space is available. High quality open space and landscaping plans shall be submitted with planning applications for these developments.

14.12  Rural Fingal

14.12.1  Design Criteria for Rural Villages and Rural Clusters

Chapter 3, Sustainable Placemaking and Quality Homes, sets out the development approach for the Rural Villages and Rural Clusters within Fingal. Fingal’s Settlement Strategy is also sets out in Chapter 3.

The designated Rural Villages of Fingal are Ballyboghil, Balscadden, Ballymadun, Coolquay, Garristown, Kinsaley, Naul, Oldtown, Rivermeade and Rowlestown. These are mostly traditional village-type settlements and have the Rural Village (RV) zoning objective which aims to "Protect and Promote the character of the Rural Village and promote a vibrant community in accordance with an appropriate land use plan, and the availability of physical and community infrastructure."

Village development shall be guided by adopted Local Area Plans and Village Development Framework Plans where in place and by future Framework Plans where identified.

There are 37 no. Rural Clusters within Fingal located at: Balcarrick, Baldwinstown Cross, Ballough (Lusk), Ballykea, Blackhills (Ardgillan), Balcultry, Baltrasna, Baskin Lane, Castlefarm (Kilsallaghan), Colecut, Dallyhaysy (Balbriggan), Dermotstown (Bog O’ the Ring), Feltrim (Malahide), Grougha,

Moonlone Lane (Naul), Dubber Cross, Effelstown (Lusk/Rush train station), Holmpatrick, Hedgestown (Five Roads), Jordanstown, Killalane, Magilstown, Malheney (Man O’ War), Milverton, Moyne Road, New Haggard, North Beach, Palmerstown, Staffordstown/Corduff, The Quay (Portrane), Thornton, Tobersool, The Commons (Lusk), Turvey Lane, Wimbletown (Ballyboghil), Wimbletown South, and Wyanstown (Oldtown).

Rural Clusters, with the zoning objective Rural Cluster (RC) seek to ‘Provide for small scale infill development serving local needs while maintaining the rural nature of the cluster’. Sensitive layout and design of new houses within the Rural Clusters will ensure that they contribute positively to the rural character of the area. The layout and design of new housing within the Rural Clusters should be consistent with Design Criteria for Housing in the Countryside.

14.12.2  Design Criteria for Housing in the Countryside

The countryside for the purposes of this section of the Plan are those areas with the rural zoning objectives identified as Rural (RU), Greenbelt (GB), and High Amenity (HA). The reuse of existing buildings within the countryside for residential development will be encouraged. The Rural Settlement Strategy as set out in Chapter 3, outlines the e requirements to meet the housing need in areas of the County zoned RU, GB and HA. It is an objective of this Development Plan to limit the visual impact of new houses on Fingal’s countryside and a visual impact of any proposed house upon the rural landscape must be evaluated as part of the overall assessment. The location of any proposed new dwelling should be such as to limit new entrances onto any public road. Therefore, newly constructed homes will be directed, where possible, to sites which are located adjacent to existing homes or farmyards belonging to the family of the owner of the proposed dwelling.

Such sites should be served by a single entrance for both the existing and the proposed development.

Objective DMSO42  New Dwellings in Rural Areas Ensure that new dwellings in the rural area are sensitively sited, demonstrate consistency with the immediate Landscape Character Type, and make best use of the natural landscape for a sustainable, carbon efficient and sensitive design. A full analysis/feasibility study of the proposed site and of the impact of the proposed house on the surrounding landscape will be required in support of applications for planning permission. Objective DMSO43   Housing in Greenbelt or High Amenity Zoned Land Ensure that any planning application for a house within an area which has a Greenbelt or High Amenity zoning objective is accompanied by a comprehensive Visual Impact Statement. Objective DMSO44  Siting of New Dwellings in a Rural Area Encourage new dwellings in the rural area to be sited at a location in close proximity to the family home where the drainage conditions can safely accommodate the cumulative impact of such clustering and where such clustering will not have a negative visual and amenity impact on the original house. Where such an arrangement is clearly demonstrated not to be available, permit the new dwelling to be located on an alternative site which is within two kilometres from the family home, or,  where the applicant has land zoned HA within 2km from the family home and this arrangement is demonstrated not to be available to build, and the applicant has land zoned RU on lands within 3.5km of the family home, permit the new dwelling to be located on the RU zoned site which is within 3.5km of the family home, or, in the case of applications made under Objective SPQHO79 within five kilometres outside Noise Zone A and subject to the East / West of the M1 stipulation.

 

14.12.3   Design Guidelines for Rural Dwellings

The Council will use the following guidance in assessing planning applications for a rural dwelling:

Table 14.9 Design Guidelines for Rural Dwellings

Site Assessment Study A full analysis/feasibility study of the proposed site and its surrounding landscape should be carried out as the first step in preparing a design, and subsequently a planning application, for a house in the countryside. Siting and Design The location, siting, orientation, and the design of a proposed new dwelling in a rural location should be sensitive to its surroundings. The proposed development should be consistent with the character and appearance of the land, including the building’s shape, height, and form, and with the ecology, natural features, and contours of the area, and the way in which these components combine. Direction should be taken from the existing environment and should take advantage of natural features such as trees, hedgerows, watercourses, hills, and other land formations to shelter, shade and service the house. If any structures exist on the proposed site, then consideration should be given to their re- use, adaptation, and extension in preference to new build. Where historic or vernacular buildings are located on the site or land holding, serious consideration should be given to their retention, and incorporation into any proposed development. Clustering with existing rural buildings is generally preferable to stand-alone locations. The new dwelling should seek to integrate as much as possible into the landscape and not be a prominent feature that visually dominates its rural surroundings. New buildings should respect their landscape context and not block scenic views or break the skyline or waterline as seen from vantage points or main roads. Cutting and filling of sites is not desirable. Full consideration should be given to solar gain and orientation within the proposed development to maximise energy efficiency. The applicant should determine if the proposed development is located on any designated natural heritage, archaeological or architectural heritage site. The existence of any of these designated sites within the proposed development site may have implications for the proposed dwelling. Materials & Detailing The detail, texture, colour, pattern, and durability of materials of the proposed development should be sustainable and of a high quality and should be sensitive to its proposed location. New dwellings should be guided by the range of materials used in the past in Fingal, and where contemporary materials are proposed they should compliment and work well with those traditionally used. In Fingal, the materials that were typically used historically to construct dwellings and outbuildings were stone, mud, timber, thatch, slate, iron and lime. While historic brickworks did exist within Fingal, in general brick was not commonly used for wall finishes. The number of materials and finishes used in the construction of a new dwelling and associated structures, such as vehicular entrances, garage, or shed, should be limited. New dwellings should be restrained in their ornamentation and embellishment. Cosmetic features such as mock classical columns, Spanish arches, mock-Tudor detailing and balustrades should be avoided. Simple design forms and roof designs with narrow spans and pitches/profiles are preferable. Particular attention should be paid to fenestration details, particularly window openings and design. Windows should be in proportion to the development and compliment the style of the building. The natural light reaching the building should be maximised. Boundary Treatments Where hedgerows or native planting exist around the site, the proposed development should be designed so that they are retained and augmented as far as practical. Where limited removal is required to meet with visibility standards, new hedgerow consisting of species native to the area or mixed with other alternative species acceptable to the Council will be planted inside the line of visibility. Boundary treatment should reflect local traditions for similar buildings where applicable. Stonewalling executed in the traditional dry construction method or limestone walls with lime mortar, earthen banks and indigenous hedging are all considered appropriate at entrances. Over-scaled and elaborate designs should be avoided. The design of entrance gates should be in keeping with the rural setting and look to traditional agricultural gate forms and styles. Entrances which are not demonstrated to be in character with the rural location of the proposed development will not be permitted. Entrances, driveways, and surfaced areas should be located so as to minimise the visual impacts of these proposed structures for example by following existing contour lines. All applications for planning permission for a rural house should include detailed drawings and specifications for entrance treatments, including any additional elements such as name plaques, post boxes, intercom and security features, which should all be discrete.

Access & Site Lines An applicant must demonstrate that safe vehicular access to and from a proposed house is provided in terms of visibility from a proposed entrance, but also in terms of impact on road traffic on the adjoining public road, through generation of turning and stopping movements by vehicles leaving and entering the proposed site. All applications for planning permission must include (at a minimum scale of 1:500) comprehensive details of the way in which access to the site can be provided in a satisfactory way. Where satisfactory access can be achieved only by removing large stretches of roadside hedgerow/ditches/stone boundaries, an alternative site for the proposed development should be sought. The sharing of vehicular entrances will be encouraged where appropriate in order to avoid a proliferation of access points. Where a new house is to be sited adjacent to existing dwellings, use of existing entrances, avenues and driveways should be considered. Surface & Wastewater Treatment

Domestic wastewater treatment plant and percolation areas must comply with the requirements of the Code of Practice Wastewater Treatment Systems Serving Single Dwellings (EPA) as set out in Section 14.20.2 Rural Housing - Wastewater TreatmentThese details should be included in any application for a new or replacement dwelling or an extension to an existing dwelling where there is an increase in demand on the treatment capacity of any existing system. Landscaping Landscaping proposals must be submitted with all planning applications for development. These should include as far as possible native species or other species which have been agreed with the Council.

14.12.4  Replacement Dwellings – Rural

The Council promotes the sympathetic maintenance, adaptation, and re-use of vernacular buildings where they contribute to the character of the rural area and will support the appropriate revitalisation, re-use and retrofitting of structurally sound, habitable dwellings in good condition as opposed to demolition and replacement unless strong justification is provided by the applicant in such instances.

Were replacement is accepted, the applicant shall clearly demonstrate as part of an application for demolition and replacement:

• The impact of the replacement structure on surrounding landscape and/or properties in the vicinity of the site, resulting from the design, location, layout, and size of the proposed dwelling.
• The appropriateness of demolition of the existing structure having regard to its existing setting, age, design, and overall contribution to the area.

14.12.5  Rural Housing Strategy

The following should be read in conjunction with policies and objectives set out under Chapter 3 Sustainable Placemaking and Quality Homes.

14.12.6  Development in Rural Clusters

Applications for dwelling units within the County’s Rural Clusters will be permitted to Members of the Fingal Rural Community who can demonstrate a rural generated housing need defined as either:

• Persons currently living and who have lived continuously for the past ten years or have previously lived for a minimum of ten continuous years, or
• Persons working continuously for the past ten years,

Within areas of the County currently zoned rural. These areas are zoned Rural Village (RV), Rural Cluster (RC), Rural (RU), Greenbelt (GB), or High Amenity (HA).

Applications for development shall demonstrate compliance with the drainage and design standards required for on-site water-water treatment systems set out under Section 14.20.2 Rural Housing - Wastewater Treatment where a connection to public waste-water infrastructure is not available.

Where a connection to public wastewater infrastructure is available, the overall site area shall not be less than 0.125 hectares.

14.12.7  New Housing for Farm Families

Planning permission will be considered for one incremental house in areas which have the HA or GB zoning objective, and up to two houses in areas with the RU zoning objective, on a family farm for close family members who are demonstrated to be actively and directly engaged in the running of the family farm. In recognition that farming is no longer a full-time occupation for many farmers, consideration will also be given to farmers whose income is supplemented by off-farm work. In all applications for planning permission for a rural house on the basis of involvement in an existing farm, proof of direct participation in farming must include verifiable evidence of family ownership of a working farm. As part of an application, the Applicant will be required to demonstrate the following in relation to their working of the family farm:

Objective DMSO45  New Housing for Farm Families Demonstrate that the farm has been a working and actively managed farm in the ownership of the applicant’s family for a minimum of three years preceding the date of the application for planning permission. The applicant is required to demonstrate the following in relation to their working of the family farm: The applicant is a member of a family which operates a farm within the rural area of Fingal, and is actively engaged in farming the family farm. Verifiable documentary evidence (such as dated and stamped Land Registry Documentation) showing details of the farm ownership, details of the family relationship with the farm owner, and the nature of the applicant’s involvement in farming the family farm will be required. The farm on which the application for planning permission for a rural house has been submitted has been a working and actively-managed farm in the ownership of the applicant’s family for a minimum of three years preceding the date of the application for planning permission. The location of the family home on the existing farm. The location of all other houses on the family farm which have been granted planning permission since the 19th October 1999. Submission details will include the date of grant of planning permission and the Council’s file Register Reference under which any Planning Permissions were granted. The family farm has been a working farm for the preceding three years. The criteria which are considered to constitute a working farm and the size thresholds for various types of farm are set out below. The minimum threshold area of a farm excludes the area of the farm occupied by the farm yard and farm buildings, the area of the existing family home and its curtilage, and the area of the site of the proposed dwelling. Documentary evidence that the applicant resides on a working family farm within the planning application.

Documentary evidence (i.e. of a working farm) which is required is detailed below: For livestock (including equestrian), tillage and mixed livestock/tillage farms: A Herd Number or other Business Number which is allocated by the Department of Agriculture, Food and the Marine. Single Farm Payment details for the preceding three years. A GLAS number for those farmers who participate in the GLAS Scheme. A Forestry number for those farmers who manage forestry. For dairy farms, details of the previous years' supplies to a milk processor. For equestrian farms, depending on the type of equestrian farm, current horse training licences issued by the Irish Turf Club, racing licences, documentation demonstrating that the farm is a recognised teaching school, records of bloodstock sales, details of stud production for the preceding three years or equine identification documents, i.e. passports issued by Horse Board Ireland or by Wetherbys.

For horticulture farms: Confirmation of involvement in the Quality Assurance Scheme managed by An Bord Bia for the previous three years. Evidence of investment within the farm to demonstrate its current active engagement in the horticulture sector. Details of the supply of product from the farm which demonstrates that the applicant was supplying substantial produce to market in the preceding year.

Size thresholds for farms: The minimum size for an active livestock, tillage, or mixed livestock/tillage farm is 15 hectares. The minimum size for a horticultural farm is: - For a vegetable farm, 6 hectares. - For an apple farm, 13 hectares. - For glasshouse production, 0.4 hectares.

Applications for planning permission will be considered where the documentary evidence clearly and comprehensively demonstrates that a farm has been an active and viable holding for the preceding three years, even though it falls below the thresholds set above, or is a specialist operator not of the types described above. The applicant must demonstrate a need to be resident on the farm in such cases.

14.12.8  New Housing for the rural community other than those actively engaged in farming

New dwellings will also be considered in areas which have an RU or GB zoning objective for members of the rural community who are not involved in farming. Applications must demonstrate full compliance with all relevant requirements set out under Chapter 3 and Table 3.5: Criteria for Eligible Applicants from the Rural Community for Planning Permission for New Rural Housing.

Table 14.10 Criteria for Eligible Applicants from the Rural Community for Planning permission for New Rural Housing

Permit new rural dwellings in areas which have zoning objectives RU or GB on suitable sites where the applicant meets the criteria set out below:

i. One member of a rural family who is considered to have a need to reside close to their family home by reason of close family ties, and where a new rural dwelling has not already been granted planning permission to a family member by reason of close family ties since 19th October 1999. The applicant for planning permission for a house on the basis of close family ties shall be required to provide documentary evidence that: S/he is a close member of the family of the owners of the family home. S/he has lived in the family home identified on the application or within the locality of the family home for at least fifteen years.

ii. A person who has been in employment in a full-time occupation which is considered to satisfy local needs by predominantly serving the rural community/economy for fifteen years prior to the application for planning permission and has not already been granted planning permission for a new rural dwelling since the 19th of October 1999. Documentary evidence of such employment is required.

iii. A person who is an immediate member of a rural family who has not been granted permission for a rural dwelling, since the 19th of October 1999, and is considered to have a need to reside adjacent to the family home by reason of that person's exceptional health circumstances. The application for a rural dwelling must be supported by two sworn affidavits from relevant and qualified professionals, with at least one from a registered medical practitioner. A qualified representative of an organisation which represents or supports persons with a medical condition or disability may supply the other.

It is to be noted that criterion no. (iii) applies in areas which have zoning objective, HA, as well as in areas with zoning objective GB and RU.

iv. A 'bona fide' applicant who may not already live in the area, nor have family connections there or be engaged in particular employment or business classified with the local needs criteria, subject to the following considerations:

Such applicants will be required to satisfy the Council of their long-term commitment to operate a full-time business from their proposed home in a rural area, as part of their planning application. The applicant will outline within a submitted Business Plan how their business will contribute to and enhance the rural community and will demonstrate to the satisfaction of the Council that the nature of their employment or business is compatible with, and addresses and satisfies local needs, and will protect and promote the rural community. The applicant will satisfy the Council that the nature of their employment or business is dependent on its location within the rural area so as to discourage applicants whose business is not location- dependent. The applicant will demonstrate their commitment to the proposed business through the submission of a comprehensive and professionally prepared Business Plan, and through submission of legal documentation that they have sufficient funding committed to start and operate the business. Applicants whose business is not location-dependent will not be considered. Verifiable documentary evidence to demonstrate compliance with Table 14.10 will be required in all planning permission applications for a new house in the open countryside including a sworn affidavit by the applicant stating that the applicant conforms to the requirements of the objective.

14.12.9  Housing within Airport Noise Zones

The development of new housing for those who are not involved in farming will be actively resisted within the area delineated by Noise Zone A for Dublin Airport.

Objective DMSO46   Housing for Farming Families within Airport Noise Zones ‘New Housing for Farming Families’ Apply the provisions of the Rural Settlement Strategy, only with regard to ‘New Housing for Farming Families’ as set out in Chapter 3 within the Airport Noise Zone A, and subject to the following restrictions: Under no circumstances shall any dwelling be permitted within the predicted 69dB LAeq 16 hours noise contour. Comprehensive noise insulation shall be required for any house permitted under this objective. Any planning application shall be accompanied by a noise assessment report produced by a specialist in noise assessment which shall specify all proposed noise mitigation measures together with a declaration of acceptance of the applicant with regard to the result of the noise acceptance report.

Objective DMSO47 Housing for the Rural Community within Airport Noise Zones New Housing for the Rural Community other than for those who are actively engaged in farming Apply the provisions of the Rural Settlement Strategy as it applies to ‘New Housing for the Rural Community other than for those who are actively engaged in farming’ as set out in Chapter 3 for rural community members located within Noise Zone A on suitable sites located within five kilometres outside Noise Zone A. For those living to the east of the M1, only suitable sites located to the east of the M1 will be considered, and for those living to the west of the M1, only suitable sites located to the west of the M1 will be considered.

14.12.10   Replacement of Chalets and Seaside Huts

Objective DMSO48  Seasonal Chalets and Seaside Huts Applications for the replacement or conversion of existing seasonal chalets and seaside huts by dwellings which can be resided in all the year round will only be considered in exceptional circumstances where the following criteria is fully complied with: Verifiable documentary evidence is demonstrated indicating the unit is occupied on a year- round basis and has been for a period of 7 years or more. The proposal satisfies planning criteria in relation to appropriate design and layout, drainage, access and integration with the character of the landscape. The site shall not be liable to the impacts of climate change, including coastal erosion and flooding. It can be demonstrated that no impacts arise, including accumulative impacts, in relation to European Sites.

14.12.11   South Shore Rush

Subject to all criteria set out in Chapter 3, consider planning applications for a dwelling located within the South Shore area of Rush from persons who have been resident for a minimum of ten years within the South Shore area or within the development boundary of Rush or within one kilometre by road of either of these areas, subject to sustainable planning and consideration of climate change impacts.

Permission for a dwelling house in the South Shore area will be subject to an occupancy condition requiring that the dwelling is first occupied as a place of permanent residence by the applicant and/or members of his/her immediate family for a minimum period of seven years.

Allow for new houses within the South Shore area, subject to normal sustainable planning criteria and in line with climate change impacts, which have demonstrated to the satisfaction of the Planning Authority that they cannot connect to a public sewer within a reasonable period of time, on suitably sized sites and subject to the requirements of the EPA Code of Practice.

Applications for multi-unit schemes will not be permitted.
 

14.12.12   Houses Displaced by Infrastructural Works

Objective DMSO49  Houses Displaced by Infrastructural Works Consider any planning application by a member of the family whose house has been acquired in the interest of the common good, whether compulsorily or by agreement, for a rural house subject to the same provisions that would apply if the dwelling which has been acquired was the original and long-standing family home of the applicant.

14.12.13 Extensions to Rural Dwellings

Extensions of a reasonable or modest size may be acceptable, subject to the proposed extension respecting the character, scale, and proportions of the existing dwelling, and subject to the availability of necessary services and protection of the visual amenities of the area.

14.13  Open Space

The provision of accessible open space is an integral part of the provision of high-quality green infrastructure for communities and forms a core element in the emerging Green Infrastructure Strategy for the County. To achieve high quality open space, Fingal County Council has four basic principles of open space provision:

14.13.1  Hierarchy and Accessibility

Table 14.11 below outlines the public open space hierarchy and accessibility standards. The standards allow the provision of a wide variety of accessible public open spaces to meet the diverse needs of the County’s residents. For all developments with a residential component a mix of public open space types should be provided where achievable.

Table 14.11 Public Open Space and Play Space Hierarchy and Accessibility Standards

Type of Public Open Space	Pocket Parks
	(Class 2 as per Development Contribution Scheme) Facilities for smaller children, but not necessarily formal play facilities. Have an important visual and social function also. Pocket parks must not be to the side or back of houses and must be adequately overlooked.
Size of Park /Open Space	Between 500 sq.m – 0.2 hectares
Distance from homes	Within 100–200 metres walking distance of homes
Level of Play provision	LAP (Local Area for Play) Minimum 10m x 10m to approximately 20% of public open space depending on calculated provision
Age group catered for	Intended primarily for children up to the age of 6, though it will be used by older children at different times of the day or evening
Description of Play Space	Accessible and inclusive landscaped areas for play Imaginatively designed and contoured, using as far as possible natural materials such as logs or boulders with associated planting which create an attractive setting for play.
Type of Public Open Space	Small Parks
	(Class 2 as per Development Contribution Scheme) Depending on their size, these will accommodate playground facilities, kick about areas, and passive recreation.
Size of Park /Open Space	Between 0.2 – 2 hectares
Distance from homes	Within 500–1000 metres walking distance of homes
Level of Play provision	LEAP (Local Equipped Area for Play) Minimum activity zone of 200 square metres
Age group catered for	Intended, in the context of play, for use by children up to the age of 12.
Description of Play Space	Accessible and inclusive landscaped areas for play Imaginatively designed and contoured, using as far as possible natural materials such as logs or boulders in combination with traditional play equipment and associated planting. Where natural landscape such as woodland is in proximity to the play space, this should be incorporated and play opportunities dispersed throughout the available space as appropriate.
Type of Public Open Space	Local Parks
	(Class 1 as per Development Contribution Scheme) Accommodate playground facilities and a number of playing fields. Passive recreational and biodiversity areas will also be accommodated in these parks.
Size of Park /Open Space	Between 2 hectares – 20 hectares
Distance from homes	Within 500–1000 metres walking distance of homes
Level of Play provision	LEAP (Local Equipped Area for Play) Minimum activity zone of 400 square metres
Age group catered for	Intended, in the context of play, for use by young and older children.
Description of Play Space	Accessible and inclusive landscaped areas for play Imaginatively designed and contoured, using as far as possible natural materials such as logs or boulders in combination with traditional play equipment and associated planting. Where natural landscape such as woodland is in proximity to the play space this should be incorporated and play opportunities dispersed throughout the available space as appropriate. Provision for older children up to 17 years old such as hangout zones with bespoke seating and wi-fi connectivity in combination with such features as a MUGA or skating elements. The play space should reflect local heritage or folklore by linking design to local theme.
Type of Public Open Space	Urban Neighbourhood Parks
	(Class 1. as per Development Contribution Scheme) A wide variety of facilities and uses can be provided here due to their size. Biodiversity areas will also be accommodated in these parks.
Size of Park /Open Space	Between 20 hectares – 50 hectares
Distance from homes	Within 1000–1500 metres walking distance of homes
Level of Play provision	NEAP (Neighbourhood Equipped Area for Play) Minimum activity zone of 1,000 sq. metres comprising an area for play equipment and structures and a hard-surfaced area of at least 465 sq. metres (the minimum needed to play 5 aside football)
Age group catered for	Intended for use by accompanied young children and older children of relative independence, who have the freedom to range further from home.
Description of Play Space	Accessible and inclusive landscaped areas for play Imaginatively designed and contoured, using as far as possible natural materials such as logs or boulders in combination with traditional play equipment with associated planting. Where natural landscape such as woodland is in proximity to the play space this should be incorporated and play opportunities dispersed throughout the available space. Provision for older children up to 17 years old such as hangout zones with bespoke seating and wi-fi connectivity. The larger space available in such provision should facilitate extended provision of MUGA and other informal, non-structured activity such as a skate park, BMX track or Callisthenics equipment. The play space should reflect local heritage, or folklore by linking design to a local theme.
Type of Public Open Space	Regional Parks
	(Class 1 as per Development Contribution Scheme) Provide for a large range of uses. Formal and informal play areas, passive recreation areas, biodiversity areas and often a distinct attraction will be available on site.
Size of Park /Open Space	Over 50 hectares
Distance from homes	Within 15km
Level of Play provision	“Destination” Playground Popular facilities include meeting areas and youth shelters within local open space, floodlit multi-games areas, skateboard parks and
Age group catered for	Intended as a destination where all ages will find a broad range of amenities to enjoy both as family units and independently.
Description of Play Space	Within regional parks, all ages of the community can be catered for with the provision of the features of LAPs, LEAPs and NEAPs on a larger scale. The play spaces should reflect local heritage. The park landscape should also be evaluated for it's potential to offer natural play and adventurous opportunities.

*Areas not counted in the Open Space calculation include:

• Environmental Open Space, i.e. incidental or narrow pieces of open space used for the preservation of trees/ hedgerows and or as a visual relief and screen planting e.g. along roads.
• Green corridors
• Areas of open space under high voltage electricity lines and wayleave areas.
• Areas of open space where the presence of archaeology prohibits the development of the required play provision for a development in accordance with Development Plan standards.

Where any open space is to be provided on foot of a planning permission, the space in question should be well overlooked and designed and located to sympathetically complement the layout of the development and should be visible from, and accessible to, the maximum number of dwellings/units within the proposed scheme. Inaccessible, hidden or otherwise backland open space and narrow linear strips of open space will not be acceptable. Fragmented open spaces within a development layout, which result specifically from the necessity to protect existing site features (for example a stand of mature trees) may not be included in the calculation of open space requirements, as they are necessary to ensure the protection of existing amenities.

Public and/or communal open spaces should be overlooked and designed to ensure that potential for anti-social behaviour is minimised through passive surveillance. ‘Sustainable Residential Development in Urban Areas - Guidelines for Planning Authorities’ (2009) provides detailed guidance on the provision of open space for new residential developments while the ‘Retail Design Manual’ (2012) provides guiding principles on how landscaping and open spaces can assist improved public realm and promote attractive retailing centres.

Permeability and accessibility is essential as part of an integrated approach to the provision of linked open spaces. Where pedestrian and cycleway opportunities are presented, substantial links between developments will be encouraged. Where developments adjoin, links through amalgamating the open space shall be provided.

Objective DMSO50    Permeable and Accessible Open Spaces Integrate and provide links through adjoining open spaces to create permeable and accessible areas, subject to Screening for Appropriate Assessment and consultation, including the public, as necessary.

 

14.13.2  Quantity

For all developments with a residential component, the overall standard for public open space provision is a minimum 2.5 hectares per 1000 population. In order to provide existing and future communities with adequate recreational and leisure opportunities, the Council will employ a flexible approach to the delivery of public open space and more intensive recreational/amenity facilities. It is the intention of the Council, however, to ensure, except under exceptional circumstances, public open space provision exceeds 10% of a development site area. The development site area cannot include lands zoned RU, GB, OS or HA.

Objective DMSO51   Minimum Public Open Space Provision Require a minimum public open space provision of 2.5 hectares per 1000 population. For the purposes of this calculation, public open space requirements are to be based on residential units with an agreed occupancy rate of 3.5 persons in the case of dwellings with three or more bedrooms and 1.5 persons in the case of dwellings with two or fewer bedrooms.

Consideration may be given by the Council to the inclusion of civic spaces within overall open space quantum calculations, but only on a case-by-case basis and only in instances where the space proposed is of a size and layout suitable to cater for civic events, is of an exceptionally high standard of finish, including the planting of large street trees and associated landscaping and does not fulfil ancillary functions associated with commercial or other land uses.

Table 14.12 recommended quantitative standards (Sustainable Residential Developments in Urban Areas, Guidelines for Planning Authorities (2009)

Land use	Minimum public open space standards
Overall standard	2.5 hectares per 1000 population
New residential development on greenfield sites/LAP lands	15 % of site area
New residential development on infill/brownfield sites	10% of site area

Objective DMSO57 Development Contribution Schemes Require the monetary value in lieu of open spaces to be in line with the Fingal County Council Development Contribution Scheme.

Objective DMSO58 Institutional Lands and Landscaped Demesnes Retain in open space use institutional lands, landscaped demesnes and similar properties with established recreational or amenity uses, as far as practicable. However, in the event of permission for development being granted on these lands, open space provision in excess of the normal standards will be required to maintain the open character of such parts of the land as are considered necessary by the Council for this purpose.

Objective DMSO59 Small Areas of Open Space Areas of open space of less than 500 square metres will not be taken in charge by Fingal County Council for maintenance purposes.

Objective DMSO60 Maintenance of Open Space The Council will require that open space be provided in a form and layout which facilitates maintenance.

Objective DMSO61 Design of Areas to be Taken in Charge The design of areas to be taken in charge as public open space should vary according to the density of the development. More ornate and maintenance intensive designs are not appropriate to low density development.

14.13.2.1 Intensive Recreational Facilities

In certain circumstances, where the open space standards cannot be achieved or where more intensive recreational uses are deemed to be desirable, the Council may consider arrangements whereby appropriate intensive facilities may be provided in lieu of open space of lesser utility.

Objective DMSO62 Open Space Provision and Intensive Recreational / Amenity Facilities Require a minimum open space provision equal to 70% of the open space requirement in addition to intensive recreational/ amenity facilities.

14.13.3   Quality

14.13.3.1  Design of Public Open Spaces

Open spaces must be designed to a high specification. Great emphasis must be placed on the quality and long-term sustainability of open space and details of the proposed landscaping, hard and soft, of these spaces will be required at the planning application stage. Public open spaces should be overlooked and designed in such a way that anti-social behaviour is reduced through passive surveillance. Potential for anti-social behaviour associated with open spaces and associated screen planting must be designed out.

Objective DMSO63 Location of Open Space Ensure open spaces are not located to the side or the rear of housing units.

Objective DMSO64 Design of Open Space Ensure open space provision is suitably proportioned and inappropriate narrow tracts are not provided.

Objective DMSO65 Complementary Facilities within Open Space Ensure, where possible, complementary facilities, such as dressing rooms and storage facilities, are provided as part of the open space provision, for new and existing areas.

Objective DMSO66 Handover of Public Open Space Ensure developers lay out and maintain open space areas to a high standard, until such a time as they are taken in charge and facilitate the early handover of areas of public open space to the Council. The Council, at its discretion, may in certain circumstances accept a financial contribution in order to complete the landscaping and development of these areas.

Objective DMSO67 Management Companies Require properly constituted management companies to be set up and ensure that the necessary management structures are put in place where it is intended that open spaces will be retained in private ownership. Arrangements must be approved by the Council before completion of the project and must be in operation before release of required bonds.

14.13.3.2  Playground Facilities

Playground facilities should cater for defined age groups and provide for a variety of facilities and play opportunities. All residential schemes in excess of 50 units should incorporate playground facilities which should be provided at a rate of 4 sq.m. per residential unit.

Objective DMSO70  Provide appropriately scaled children’s playground facilities within residential development. Playground facilities shall be provided at a rate of 4 sq m per residential unit. All residential schemes in excess of 50 units shall incorporate playground facilities clearly delineated on the planning application drawings and demarcated and built, where feasible and appropriate, in advance of the sale of any units.

Objective DMSO71  Ensure that in the instance of an equipped playground being included as part of a specific facility, it shall occupy an area of no less than 0.02 hectares. A minimum of one piece of play equipment shall be provided for every 50 sq. m of playground.

14.13.3.3  Private Open Space

All residential units be they traditional type housing or apartments are to be provided with private open space. Open space standards will set out qualitative and quantitative standards so as to ensure that the maximum benefit is derived from the open space.

Objective DMSO70 Replacement of Trees Ensure trees removed from residential areas are replaced, where appropriate, as soon as resources allow.

Objective DMSO71 Overshadowing of Private Open Space Ensure private open spaces for all residential unit types are not unduly overshadowed.

Objective DMSO72 Boundary Treatment to Private Open Space Ensure boundary treatment associated with private open spaces for all residential unit types is designed to protect residential amenity and visual amenity.

14.13.3.4  Houses

One of the characteristics of traditional type housing is the provision of private open space, usually to the rear of the front building line of the house.

Objective DMSO73 Private Open Space Provision for Dwelling Houses Ensure a minimum open space provision for dwelling houses (exclusive of car parking area) as follows: Table 14.13 Minimum open space requirement for dwelling houses House type Minimum open space 3 bedrooms or less 60 sq.m. 4 or more bedrooms 75 sq.m.

The open space must be located behind the front building line of the house and narrow strips of open space to the side of houses shall not be included in the private open space calculations.

Objective DMSO74 Private Open Space for Townhouses Allow a reduced standard of private open space for 1 and 2 bedroom townhouses only in circumstances where a particular design solution is required such as to develop small infill/ corner sites. In no instance will the provision of less than 48 sq m of private open space be accepted per house.

14.13.3.5  Apartment and Duplex Units

Private open space associated with apartments and duplexes is important to ensure a suitable level of amenity for occupiers. Balconies and terraced areas are the primary form of private open space for apartment and duplex type schemes. The provision and proper future maintenance of well- designed communal amenity space is essential in meeting the amenity needs of residents. Whilst private and communal amenity space may adjoin each other, there should generally be a clear distinction with an appropriate boundary treatment and/or a ‘privacy strip’ between the two.

Objective DMSO75 Balconies, Roof Terraces or Winter Gardens Require private balconies, roof terraces or winter gardens for all apartments and duplexes comply with or exceed the minimum standards set out in Table 14.14.

Objective DMSO76 Screening of Private Open Space Require balconies, ground floor private open space, roof terraces or winter gardens be suitably screened in a manner complimenting the design of the building so as to provide an adequate level of privacy and shelter for residents.

Objective DMSO77 Communal Amenity Space Require communal amenity space within apartment developments, in the form of semiprivate zones such as secluded retreats and sitting out areas, complies with or exceeds the minimum standards set out in Table 14.14.

Objective DMSO78 Combination of Private and Semi-Private Open Space Permit in appropriate layouts (e.g. courtyard layouts) the provision of a combination of private and semi-private open spaces.

Table 14.14 – Open Space requirement for Apartment and Duplex Units

Unit type	Private amenity space	Communal amenity space
Studio	4 sq.m.	4 sq.m.
One bed	5 sq.m.	5 sq.m.
Two bed	7 sq.m.	7 sq.m.
Three bed	9 sq.m.	9 sq.m.

14.14  Community Infrastructure

This section should be read in conjunction with Chapter 4, Community Infrastructure and Open Space.

14.14.1  Community Facilities

The location and provision of community facilities is a pre-requisite to the creation and enhancement of viable, sustainable and successful local communities.

Objective DMSO79 Community Facilities Any application for community facilities such as leisure facilities, sports grounds, playing fields, play areas, community halls, organisational meeting facilities, medical facilities, childcare facilities, new school provision and other community orientated developments, shall have regard to the following: Overall need in terms of necessity, deficiency, and opportunity to enhance or develop local or County facilities. Practicalities of site in terms of site location relating to uses, impact on local amenities, desirability, and accessibility. Conformity with the requirements of appropriate legislative guidelines. Conformity with land use zoning objectives

Objective DMSO80  Community and Social Infrastructure Audit Planning applications for large scale residential and mixed-use developments, of 50 or more residential units, shall include a community and social infrastructure audit. This audit shall assess the provision of community and social infrastructure within the vicinity of the site and shall identify existing shortcomings in terms of these facilities and assess whether there is a need to provide additional facilities to cater for the proposed development. A community and social infrastructure audit shall include the following: An assessment of existing community and social infrastructure facilities within 1km of the subject site. An assessment of the need in terms of necessity, deficiency, and opportunities to enhance/share existing facilities based future population projections for the area A justification as to whether or not a new community facility will be provided as part of the proposed development, based on the findings of the audit. Where new community facilities are required, they shall have regard to Objective DMSO82 above and the following: Community facilities shall be flexible in their design and promote optimum/multi- functional usage, for users of all age and abilities Community facilities shall not have a detrimental effect on local amenity by way of traffic, parking, noise or loss of privacy of adjacent resident Community facilities shall be provided in conjunction with residential/mixed use development Community facilities shall be accessible by a range of travel modes with an emphasis on walking, cycling and public transport use, while providing limited car parking facilities to meet anticipated demand of non-local visitors to the centre.

14.14.2  Childcare Facilities

It is recognised that childcare must be of suitably high quality. The Council will seek to facilitate the provision of childcare facilities in appropriate locations throughout the County and may require their provision in large residential, public community, commercial and retail developments in accordance with the provisions of the DoEHLG ‘Childcare Facilities: Guidelines for Planning Authorities’ (2001) and any superseding guidelines or as required by the Planning Authority.

Objective DMSO81 Applications for Childcare Facilities Any application for childcare facilities shall have regard to the following: Suitability of the site for the type and size of facility proposed. Adequate sleeping/rest facilities. Adequate availability of indoor and outdoor play space. Convenience to public transport nodes. Safe access and convenient off-street car parking and/or suitable drop-off and collection points for customers and staff. Local traffic conditions. Intended hours of operation.

Objective DMSO82 Childcare Provision within a Residential Property Residential properties with childcare shall retain a substantial residential component within the dwelling and shall be occupied by the operator of the childcare facility.

Applications for childcare facilities in existing residential areas will be treated on their own merits, having regard to the likely effect on the amenities of adjoining properties, and compliance with the above criteria. Detached houses or substantial semi-detached properties are most suitable for the provision of full day care facilities. For new residential developments, the most suitable facility for the provision of full day care should be a purpose built, ground floor, stand-alone property.

In assessing applications for new childcare facilities, the Planning Authority will consult with the Fingal County Childcare Committee to assess the need for the type of facility proposed at the intended location.

14.14.3  Educational Facilities

The Council will consider school developments having regard to specific requirements of the Department of Education and guidance set out within ‘The Provision of Schools and the Planning System, A Code of Practice for Planning Authorities, the Department of Education and Science, and the Department of the Environment, Heritage and Local Government, 2008’. In general, new schools shall be developed in areas where new/additional schools are required as identified by the Department of Education and/or within existing school/ education sites.

Any application for education facilities, including new schools and/or redevelopment/extensions of existing schools, shall have regard to the following:

• Overall need in terms of necessity, deficiency and opportunity to enhance or develop schools.
• Site location, proximity of school to catchment area, size of site relative to outdoor space requirements and the future needs of the school (i.e. sufficient space provided for future expansion).
• Traffic and transport impact on the surrounding road network.
• Good, safe accessible pedestrian and cyclist routes to and from the school from nearby residential and commercial areas.
• Adequate cycle facilities.
• Safe access and adequate car parking layout to facilitate drop off/pick up.
• Adequate signage, lighting and boundary treatments.
• Impact on local amenities and out of school hours uses/dual functioning of school facilities.
• Conformity with the requirements of appropriate legislative guidelines.