Chapter 12: Development management standards

closeddate_range19 Feb, 2016, 10:00am - 29 Apr, 2016, 5:30pm

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12.1 Background

Development Management is one of the main implementation tools of the Draft Development Plan. This Chapter sets out the development standards and criteria to ensure development occurs in an orderly and efficient manner. 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.

Diagram of planning process

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.

Enforcement

Development will be controlled in accordance with policies and objectives set out in the County Development 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.

12.2 Common 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.

Access for All

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. Part M of the Building Regulations sets out standards to ensure that buildings are accessible to and usable by everyone, including older people, people with disabilities 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.

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.

Green Infrastructure

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 linkages have informed and are incorporated into development management layout and proposals.

Sustainable Design

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. Design shall optimise natural ventilation, minimise overshadowing, minimise glare and excessive solar gain. 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.

Assessments Required for Particular Projects

Environmental Impact Assessment

The Planning and Development Regulations 2001 specify mandatory thresholds above which Environmental Impact Statements (EIS) are required in relation to types and scale of development proposals. Where it appears to the Planning Authority that a development proposal would be

likely to have significant effects on the environment, a ‘sub threshold/discretionary EIS’ can be requested by notice in writing.

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 for 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:

  • Flood Risk Assessment
  • Traffic Impact Assessment
  • Landscape Appraisal
  • Archaeological Assessment
  • Architectural Assessment

This list is not exhaustive.



Objective DMS01

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 will be subject to Screening for Appropriate Assessment.



Objective DMS02

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

12.3 Design Criteria for Urban Development

High Quality Urban Design

Urban design is central to creating vibrant cities, towns and villages. The Council is committed to ensuring that best practice urban design principles are applied to all developments. High quality urban design will produce high quality and attractive places where people wish to live, work and enjoy. It is the policy of the Council to ensure all development is of a high quality design and promotes the achievement of accessible, safe and sustainable built and natural environments, which reflect the special character and heritage of the County and its varied townscapes and landscapes.

Image of proposed new street

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



Objective DMS03

Submit a detailed design statement for developments in excess of 5 residential units or 300 sq m of retail/commercial/office development in urban areas. The design statement is required to:

  • Explain the design principles and design concept.
  • Demonstrate how the twelve urban design criteria (as per the Urban Design Manual - A Best Practice Guide’) have been taken into account when designing schemes in urban areas. Each of the twelve criteria is of equal importance and has to be considered in an integrated manner.
  • Outline how the development meets the Development Plan Objectives, and the objectives of any Local Area Plan, Masterplan, Urban Centre Strategy, 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.

Town and Village Centres

Town, village, district and local centres are the primary focus of economic, community and residential development throughout the County. To ensure this development takes place in a sustainable and efficient manner, mixed use developments are essential. Such mixed uses should complement each other and where this is not possible segregation of uses should take place.



Objective DMS04

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.

Building Lines

The Council will generally seek to ensure that development is not carried out in front of established lines, or in a position that would be in conflict with a building line. In deciding where a building line should be located, the form of development to which it is related will be considered. Where located along roads of traffic importance, increased building lines may be required to provide for greater amenity and safety of road users and residents. On existing roads, building lines may be required for future road widening. In such cases, building lines will be required to allow for future road requirements.

Public Art



Objective DMS05

Require new residential developments in excess of 100 units and large commercial/retail developments in excess of 2000 sq m to provide for a piece of public art to be agreed with the Council.

Shopfronts

The front of a shop, which includes any signage, is the public face of that premises. 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 be visually intrusive. The scope of shopfronts encompasses not only shops but other business frontages such as restaurants, public houses, banks, offices and any ground floor activity on our main streets.

Careful management needs to be exercised with regard to shopfront treatment. High quality contemporary design will be encouraged for new shopfronts. However, any new shopfront design will have to respect the character and architectural heritage of existing streetscapes.

Corporate logos, designs and colours may not be appropriate in all locations. The use of film or screening that obscures the glazed area of a shopfront window will be discouraged. The use of such material often creates a sense of dead frontage on a streetscape. Security shutters can be another source of visual clutter and careful management of these is required. New security shutters should be positioned behind the window glazing in the interest of visual amenity.

A guidance document has been drafted in relation to the provision of high quality shop fronts for Malahide. This draft document outlines Guiding Design Considerations which are relevant to all shopfront design and are set out below. Additional guidance documents will be produced for other areas throughout the County.



Malahide Public Realm Strategy – Design Guide for Shopfronts

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 village.

The Building

It is important to consider the effect the shopfront might have on the building itself, 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 the ACA, and 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.



Malahide Public Realm Strategy – Design Guide for Shopfronts contd.

The Detail

The design details of the shopfront are of high importance. Ornaments, windows, door detail and associated colours provide a 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.



Objective DMS06

Produce guidance for quality shopfront designs for designated locations throughout the County to be determined in consultation with the relevant stakeholders.



Objective DMS07

Ensure new shopfront design respects the character and architectural heritage of the existing streetscape. Encourage, where appropriate, the use of contemporary shop front design.



Objective DMS08

Prevent the use of film or screening that obscures the glazed area of a shopfront window where it negatively impacts upon the streetscape.



Objective DMS09

Ensure that corporate logos, lighting, designs and colours are not used at the expense of the streetscape.



Objective DMS10

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.

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 town and village improvement schemes in order to maximise the potential environmental benefits of such schemes and also in areas the subject of Masterplans, Urban Framework Plans or Public Realm Strategies.

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 unauthorised and redundant signage and advertisements are removed.



Objective DMS11

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 DMS12

Encourage that any new cultural, community and civic signage around the County be displayed both in the Irish and English languages.



Objective DMS13

Demonstrate energy reduction measures in new and replacement advertising structures.



Objective DMS14

Resist new billboard and other large advertising structures and displays.



Objective DMS15

Take enforcement measures so as to secure the removal of unauthorised advertisements from private property and to remove unauthorised advertisements from public areas. Where appropriate the Council will use the powers available under Section 209 of the Planning and Development Acts 2000, as amended, to repair, tidy or remove advertisements structures or advertisements, or use the provisions of the Litter Pollution Act.

Green Roofs and Walls

A green roof or wall comprises part of a building that is partially or completely covered with vegetation and soil, or a growing medium, which is planted over a waterproofing membrane. Additional layers such as a roof barrier and drainage and irrigation systems are usually included as part of the green roof system.

Green roofs have a number of environmental benefits including the absorption and controlled release of rainwater rather than direct run-off into surface water drainage systems. In urban areas, they provide wildlife habitat, improve air quality, improve energy efficiency and reduce the ‘urban heat island effect’, which happens when buildings absorb and trap heat, thereby increasing the temperature in the surrounding area. The use of green roofs will be promoted and encouraged as part of an integrated approach to the provision of green infrastructure, taking particular account of benefits in terms of SuDS provision.

Green walls are also referred to as living walls, biowalls or vertical gardens and have many benefits including:

  • Thermal insulation
  • Good for acoustics – it absorbs sound and prevents reflections
  • Good for wildlife
  • Provides for carbon sequestration. Carbon sequestration is the removal and storage of carbon from the atmosphere in carbon sinks
  • Visual benefits through providing visual interest in an otherwise blank facade.



Objective DMS16

Promote and encourage the use of green walls and roofs for new developments that demonstrate benefits in terms of SuDS as part of an integrated approach to green infrastructure provision.



Objective DMS17

Promote and encourage the use of green walls and roofs as part of an integrated approach to green infrastructure provision.

Utility Facilities

The quality of well finished buildings and high quality landscaping schemes has often been eroded by the poor location and badly thought out design of utility facilities, such as electricity substations, especially those located to the front and side of buildings. It is recognised that utility facilities are necessary, especially for larger scale developments. However, they should be sensitively located.



Objective DMS18

Locate, where possible, new utility structures such as electricity substations and telecommunication equipment cabinets, not adjacent to or forward of the front building line of buildings or on areas of open space.



Objective DMS19

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.

12.4 Design Criteria for Residential Development

Residential Zoning

There are two primary Draft Plan zonings for residential areas. Firstly zoning objective RS is to “provide for residential development and to protect and improve residential amenity”. The vision is to ensure that any new development in existing residential areas has a minimal impact on existing amenity. Secondly, zoning objective RA is to “provide for new residential communities subject to the provision of the necessary social and physical infrastructure”. The vision for this zoning is to ensure the provision of high quality new residential developments with good layout and design, within close proximity to community facilities, and with an appropriate mix of house sizes, types and tenures.

Some RA zoning areas will be subject to either a Local Area Plan or a Masterplan. These locations are marked on the Draft Development Plan maps.

Mix of Dwelling Types

The dwelling mix in any residential scheme should provide a balanced range of dwelling types and sizes to support a variety of household types. On smaller infill sites, the mix of dwellings should contribute to the overall dwelling mix in the locality.

Design Statements for residential or mixed use development proposals with a residential element will be required to address the mix of dwelling types.

Residential Density

In general the number of dwellings to be provided on a site should be determined with reference to the Departmental Guidelines document Sustainable Residential Development in Urban Areas – Guidelines for Planning Authorities (2009). As a general principle and to promote sustainable forms of development, higher residential densities will be promoted within walking distance of town and district centres and high capacity public transport facilities.

Apartment Development

Apartment developments should be of high quality design and site layout having due regard to the character and amenities of the area. Apartment developments are encouraged to provide dual aspect units. Furthermore, it is essential that apartment developments should provide a mix of units to cater for different size households.

As per the Department guidelines, there is a requirement that the minimum number of dual aspect apartments that may be provided in any single apartment scheme shall be 50%. In certain circumstances, usually on inner urban sites, near to city or town centres, including SDZ areas, where it is necessary to ensure good street frontage and subject to high quality design, this may be further reduced to an absolute minimum of 33%. Ideally, 3 bedroomed apartments should be dual aspect. These requirements may be relaxed where it is proposed to refurbish an older building in a constrained urban context. North facing single aspect apartments will only 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.

Ground level apartment floor to ceiling heights shall be a minimum of 2.7m. This is an absolute minimum requirement and applicants should consider the potential for increasing the minimum apartment floor-to-ceiling height to 2.7 metres where height restrictions would not necessitate a reduction in the number of floors and should consider 3.0 metres on the ground floor of multi-storey buildings.

Up to 8 apartments per floor per individual stair/lift core may be provided in apartment schemes. Where, this is not be possible, applicants and developers should maximise the number of apartments per floor per stair/lift core.



Objective DMS20

Require the provision of a minimum of 50% of apartments in any apartment scheme are dual aspect.



Objective DMS21

Allow a reduced percentage of dual aspect apartments only in circumstances where it is necessary to ensure good street frontage and subject to high quality design. In no instance will the provision be less than 33% of the number of apartments in the scheme.



Objective DMS22

Require a minimum floor to ceiling height of 2.7 metres in apartment units, at ground floor level.



Objective DMS23

Permit up to 8 apartments per floor per individual stair/lift core within apartment schemes.

Quantitative Standards

The design and layout of individual dwellings should provide a high quality living environment for residents. Designers should have regard to the targets and standards set out in Tables 12.1, 12.2 and 12.3. with regard to minimum room sizes, dimensions and overall floor areas when designing residential accommodation. Dwellings should also be designed to provide adequate room sizes that create good quality and adaptable living spaces.

In order to ensure good quality development, it is a requirement that the majority of all apartments in a proposed scheme of 100 or more apartments must exceed the minimum floor area standard for any combination of the relevant 1, 2 or 3 bedroom unit types, by a minimum of 10% (any studio apartments must be included in the total, but are not calculable as units that exceed the minimum by at least 10%). For developments of between 10 and 99 units, this requirement is varied to allow greater flexibility. In such schemes it is acceptable to redistribute part of the minimum 10% additional floorspace requirement throughout the scheme, i.e. to all proposed units.

In general, adequate space should be provided for the following:

  • The normal range and typical arrangement of furniture for each room
  • A reasonable degree of freedom of circulation, appropriate to the likely activities
  • The movement of larger items of furniture into and between rooms
  • Space for family gatherings, including occasional visitors
  • Working area and storage facilities appropriate to likely activities
  • Door swings which do not interfere with other doors, furniture or circulation routes
  • The location of radiators and other service fittings in a way that does not limit the arrangement of furniture within a room



Objective DMS24

Require that new residential units comply with or exceed the minimum standards as set out in Tables 12.1, 12.2 and 12.3.



Objective DMS25

Require that the majority of all apartments in a proposed scheme of 100 or more apartments must exceed the minimum floor area standard for any combination of the relevant 1, 2 or 3 bedroom unit types, by a minimum of 10%.



Objective DMS26

For apartment schemes between 10 and 99 units, require that the majority of all apartments in a proposed scheme of must exceed the minimum floor area standard for any combination of the relevant 1, 2 or 3 bedroom unit types, by a minimum of 10%. This may be redistributed throughout the scheme, i.e. to all proposed units.



Objective DMS27

Require that all planning applications for residential development include floor plans for each room indicating typical furniture layouts and door swings.

Table 12.1 Houses









Dwelling Type

Number of floors

Minimum Gross Floor Area (sq m)

Dwelling Main Living Room (sq m)

Dwelling Aggregate Living Area (sq m)

Dwelling Aggregate Bedroom Area (sq m)

Storage Area (sq m)

4 Bed/ 7 Pers.

3

120

15

40

43

6*

4 Bed/ 7 Pers.

2

110

15

40

43

6*

4 Bed/ 7 Pers.

1

100

15

40

43

6*

4 Bed/ 6 Pers.

3

115

15

37

36

6*

4 Bed/ 6 Pers.

2

105

15

37

36

6*

4 Bed/ 6 Pers.

1

95

15

37

36

6*

4 Bed/ 5 Pers.

3

107

13

34

32

5*

4 Bed/ 5 Pers.

2

97

13

34

32

5*

4 Bed/ 5 Pers.

1

87

13

34

32

5*

3 Bed/ 6 Pers.

3

110

15

37

36

6*

3 Bed/ 6 Pers.

2

100

15

37

36

6*

3 Bed/ 6 Pers.

1

90

15

37

36

6*

3 Bed/ 5 Pers.

3

102

13

34

32

5*

3 Bed/ 5 Pers.

2

92

13

34

32

5*

3 Bed/ 5 Pers.

1

82

13

34

32

5*

3 Bed/ 4 Pers.

3

93

13

30

28

4*

3 Bed/ 4 Pers.

2

83

13

30

28

4*

3 Bed/ 4 Pers.

1

73

13

30

28

4*

2 Bed/ 4 Pers.

2

80

13

30

25

4.5*

2 Bed/ 4 Pers.

1

70

13

30

25

4.5*

2 Bed/ 3 Pers.

2

70

13

28

20

3.5*

2 Bed/ 3 Pers.

1

64

13

28

20

3.5*

1 Bed/ 2 Pers.

1

50

11

23

11.4

2.5

Table 12.2 Apartments / Duplexes







Dwelling Type

Minimum Gross Floor Area (sq m)

Aggregate Living Area (sq m)

Aggregate Bedroom Area (sq m)

Storage Area

(sq m)

3 bed

90

34

31.5

9

2 bed

73

30

24.4

6

1 bed

45

23

11.4

3

* No individual storage room within an apartment/duplex should exceed 3.5 sq m. Some storage may be provided in a basement or carpark area, this may be used to satisfy up to half of the minimum storage requirement for individual apartment units.

Table 12.3 Minimum Room Sizes and Widths for Houses and Apartments




Minimum bedroom size (Minimum bedroom floor areas exclude built in storage space)

 

Single bedroom

7.1 sq m

Double bedroom

11.4 sq m

Double bedroom including en-suite

13 sq m

Minimum room widths

Living Room

One bedroom

Two bedroom

Three Bedroom

3.3 metres

3.6 metres

3.8 metres

Double bedroom

2.8 metres

Single bedroom

2.1 metres

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, 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 effects and 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. 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.



Objective DMS28

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 3 storeys, minimum separation distances shall be increased in instances where overlooking or overshadowing occurs.

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.



Objective DMS29

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.

Daylight, Sunlight and Overshadowing

High levels of daylight and sunlight provide for good levels of amenity for residents. The internal layout of residential units should be designed to maximise use of natural daylight and sunlight. Daylight and sunlight levels, as a minimum, should be in accordance with Site Layout Planning for Daylight and Sunlight: A Guide to Good Practice (B.R.E. 1991) and British Standard (B.S.). 8206 Lighting for Buildings, Part 2 2008: Code of Practice for Daylighting or any update on these documents.



Objective DMS30

Ensure all new residential units comply with the recommendations of Site Layout Planning for Daylight and Sunlight: A Guide to Good Practice (B.R.E. 1991) and B.S. 8206 Lighting for Buildings, Part 2 2008: Code of Practice for Daylighting or other updated relevant documents.

Acoustic Privacy

Acoustic privacy is a measure of sound insulation between dwellings and between external and internal spaces. Excessive transmission of sound between structurally adjoining residential units can cause a nuisance to occupiers. New residential units must be constructed to a high standard to ensure transmission of sound is within acceptable standards. Development should have regard to the guidance on sound insulation and noise reduction for buildings contained in 2014 Building Regulations Technical Guidance Document Part E. The following principles are recommended for minimising disruption from noise in residential units:

  • Utilise the site and building layout to maximise acoustic privacy by providing good building separation within the development and from neighbouring buildings and noise sources
  • Arrange units within the development and the internal layout to minimise noise transmission by locating busy, noisy areas next to each other and quieter areas next to quiet areas
  • Keep stairs, lifts, and service and circulation areas away from noise-sensitive rooms like bedrooms. Particular attention should be paid to the siting and acoustic isolation of the lift motor room.



Objective DMS31

Require that sound transmission levels in semi-detached, terraced, apartments and duplexes units comply as a minimum with the 2014 Building Regulations Technical Guidance Document Part E or any updated standards and evidence will need to be provided by a qualified sound engineer that these levels have been met.

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.

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.



Objective DMS32

Prohibit proposals that would create a gated community for any new residential developments.

Management Companies and Facilities for Apartment Developments

Higher density apartment type development will require a management company to maintain communal areas. Higher density apartment type development should consider the provision of common service areas such as laundry rooms, storage facilities, management offices and communal rooms for the enjoyment of all the residents.



Objective DMS33

Require properly constituted management companies in apartment type schemes are set up and necessary management structures are put in place for the benefit of the residents.



Objective DMS34

Provide in high density apartment type schemes in excess of 100 units facilities for the communal use of residents as deemed appropriate by the Council.



Objective DMS35

Require the provision of communal laundry rooms and storage cellars in high density apartment type developments where deemed appropriate.

Refuse Storage and Bins

Storage of refuse bins can be an issue in new residential schemes, where adequate storage storage, recycling and composting areas, and future expansion of separated waste disposal may have to be accommodated.

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 be secured against illegal dumping by non-residents. In the case of individual houses, the applicant shall clearly show within a planning application the proposed location and design of bin storage to serve each dwelling, and having regard to the number of individual bins required to serve each dwelling at the time of the application and any possible future requirements for refuse storage/collection.



Objective DMS36

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 alcoves or other such mitigation measures are provided.



Objective DMS37

Ensure the maximum distance between the front door to a communal bin area does not exceed 50 metres.

Naming of New Residential Areas

The naming of a residential area should be carefully considered and have a local significance.



Objective DMS38

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.

Pigeon Lofts

Location

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 particular circumstances of each case will be considered.

Construction

Pigeon lofts should be of sound construction with a concrete floor or sub-floor. They should be constructed so as to ensure ease of cleaning and to provide adequate ventilation, while being secure against rodents.

Design

The external design and finish of pigeon lofts should be of good quality and they should be maintained in good condition.

Height and Area

The appropriate size of a loft would depend on the nature of the property and the proximity of neighbours. As a general rule, pigeon lofts should not exceed 25 sq m in area, and should have a maximum height of 3 metres with a pitched roof, or 2.5 metres with a flat roof.

Restrictions

In no circumstances will an open loft be permitted. (An open loft is one which pigeons may enter or leave at any time).

Other Residential Development

The development of underutilised infill and corner sites in existing residential areas is generally encouraged. However, it is recognised that a balance is needed between the protection of amenities, privacy, the established character of the area and new residential infill. The use of contemporary and innovative design solutions will be encouraged for this type of development.

Corner site development refers to sub-division of an existing house curtilage and/or an appropriately zoned brownfield site to provide an additional dwelling in existing built up areas.

All new dwellings shall comply with Development Plan standards in relation to accommodation size, garden size and car parking. Where the proposed height is greater than that of the surrounding area a transitional element should be provided.



Objective DMS39

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 DMS40

New corner site development shall have regard to:

  • Size, design, layout, relationship with existing dwelling and immediately adjacent properties.
  • Impact on the amenities of neighbouring residents.
  • The existing building line and respond to the roof profile of adjoining dwellings.
  • The character of adjacent dwellings and create a sense of harmony.
  • The provision of dual frontage development in order to avoid blank facades and maximise surveillance of the public domain.
  • Side/gable and rear access/maintenance space.
  • Level of visual harmony, including external finishes and colours.

Extensions to Dwellings

The need for people to extend and renovate their dwellings is recognised and acknowledged. Extensions will be considered favourably where they do not have a negative impact on adjoining properties or on the nature of the surrounding area.

First floor rear extensions will be considered on their merits, noting that they can often have potential for negative impacts on the amenities of adjacent properties. The Planning Authority must be satisfied there will be no significant negative impacts on surrounding residential or visual amenities. The following factors will be considered:

  • Overshadowing, overbearing and overlooking, along with proximity, height and length along mutual boundaries.
  • Remaining rear private open space, and its usability.
  • External finishes and design, which shall generally match the existing.

Ground floor rear extensions will be considered in terms of their length, height, proximity to mutual boundaries and remaining usable rear private open space. 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. Though in certain cases a set-back of an 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.

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 considered with regard to impacts on existing character and form, and the privacy of adjacent properties. The design, dimensions and bulk of any roof proposal relative to the overall size of the dwelling and gardens will be the overriding considerations. Dormer extensions (whether for functional roof space or light access) shall generally not form a dominant part of a roof. Consideration may be given to dormer extensions proposed up to the ridge level of a house, but in all cases no dormer extension shall be higher than the existing ridge height of the house. The proposed quality of materials/finishes for dormers will be considered carefully as this can greatly improve their appearance. The level and type of glazing within a dormer structure should have regard to existing window treatments and fenestration of the dwelling.



Objective DMS41

Dormer extensions to roofs will be only be considered where there is no negative impact on the existing character and form, and the privacy of adjacent properties. Dormer extensions shall not form a dominant part of a roof. Consideration may be given to dormer extensions proposed up to the ridge level of a house and shall not be higher than the existing ridge height of the house.



Objective DMS42

Encourage more innovative design approaches for domestic extensions.

Family Flats

Family flats (often known as granny flats) are a way of providing additional accommodation with a level of independence for an undefined temporary period of time. Family flats allow for semi-independent accommodation for an immediate family member (dependent on the main occupants of the dwelling). Applications for family flats will be considered favourably subject to criteria set out in Objective DMS 43 below.



Objective DMS43

Ensure family flats:

  • Are for a member of the family with a demonstrated need
  • Are linked directly to the existing dwelling via an internal access door and do not have a separate front door
  • When no longer required for the identified family member, are incorporated as part of the main unit on site
  • Do not exceed 60 sq m in floor area
  • Comply with the design criteria for extensions, as above.

Residential Areas of Character

There are residential areas in the County that have uniqueness through their design, character, density and height. New developments within residential areas considered to be of noted character should respect the overall character of the area.



Objective DMS44

Protect areas with a unique, identified residential character which provides a sense of place to an area through design, character, density and/or height and ensure any new development in such areas respects this distinctive character.

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 (2005) and the ‘Student Accommodation Scheme’, Office of Revenue Commissioner (2007). These documents provide definitions of ‘students’ and ‘educational institutions’ and recommendations in relation to minimum bed-space and other similar requirements.

Given the growth in recent years of the number of third level students, there is a demand for specific residential accommodation to cater for this need.



Objective DMS45

Support the provision of on-campus accommodation and consider the provision of student accommodation off-campus having regard to:

  • The location and accessibility to Educational Facilities and the proximity to existing or planned public transport corridors, cycle and pedestrian routes and green routes
  • The potential impact on existing residential amenities.
  • The level and quality of on-site facilities, including storage facilities, waste management, cycle parking, leisure facilities, car parking and amenity.
  • The architectural quality of the design, internal layouts should take cognisance of the need for flexibility for future possible changes of use.
  • The number of existing similar facilities in the area.

In all schemes the applicants will be required to provide a written documentary confirmation for a ‘Qualifying Lease’ as defined in the Guidelines on Residential Developments for Third Level Students published by the Department of Education and Science in 1999 and - noting the supplementary review document in 2005 - to prove that the accommodation is let to students within the academic year.

All permissions for student housing shall have a condition attached requiring planning permission for a change of use from student accommodation to other type of accommodation. Future applications for this type of change of use will be resisted except where it is demonstrated that continuing over-provision of student accommodation exists in the County.

Residential Care Homes, Retirement Homes, Nursing Homes and Retirement Villages

The Council recognises that the provision of care for the elderly and other vulnerable people is an essential community requirement. Although there has been pressure for such facilities in rural areas, there is a presumption against this type of development in the open countryside for reasons relating to sustainability, poor accessibility and lack of public transport, social exclusion and isolation.



Objective DMS46

Require that residential care homes, retirement homes, nursing homes and retirement villages be located in towns and villages for reasons of sustainability, accessibility, social inclusion, and proximity to the availability of service, except where a demonstrated need to locate in a rural environment because of the nature of the care required can be clearly established.



Objective DMS47

Require that applications for residential care homes, retirement homes, nursing homes and retirement villages consider and demonstrate the following:

  • The potential impact on residential amenities of adjoining properties.
  • Adequate provision of open space
  • Provision of adequate parking facilities
  • The design and proposed materials.
  • The size and scale of the proposal must be appropriate to the area.
  • A location within close proximity of high quality public transport links and the site should be well served by good footpath links.

It is essential that adequate and suitable open space area and other facilities are provided for residential care homes, retirement homes, nursing homes and retirement villages. 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 DMS48

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

12.5 Design Criteria for Rural Villages and Rural Clusters

Chapter 5, Rural Fingal, sets out the development approach for the Rural Villages and Rural Clusters. The rural settlement strategy in Chapter 5 also sets out the requirements to meet the housing need for areas zoned Rural Cluster.

The designated Rural Villages of Fingal are Ballyboghil, Balscadden, Coolquay, Garristown, Kinsaley, Naul, Oldtown, Rivermeade and Rowlestown. These are mostly traditional village-type settlements, and have the RV zoning objective which aims to protect the special character of Rural Villages and provide for improved village facilities and local housing need in accordance with approved Local Area Plans and infrastructure provision. Village development shall be guided by the adopted Local Area Plans and Village Development Framework Plans.

There are 34 Rural Clusters within Fingal located at:

Balcarrick, Baldwinstown Cross, Ballykea, Blackhills (Ardgillan), Balcultry, Ballymadun, Baltrasna, Castlefarm (Kilsallaghan), Colecut, Dallyhaysy (Balbriggan), Dermotstown (Bog O’ the Ring), 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) and Wyanstown (Oldtown).

Rural Clusters provide an alternative to one-off housing in the countryside through the consolidation of rural residential development within existing small clusters. 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 Section 12.6 below – Design Criteria for Housing in the Countryside.

12.6 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 Agriculture and Rural Amenity (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 in Chapter 5 Rural Fingal sets out the requirements to meet the housing need in the 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 upon the countryside. Prior to the decision on planning permission, the visual impact of any proposed house upon the rural landscape must be evaluated.

The location of any proposed new house should be such as to limit the increase of 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 new home. Such sites should be served by a single entrance for both the existing and the proposed development.



Objective DMS49

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 DMS450

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 and Screening for Appropriate Assessment, as necessary.



Objective DMS51

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, in the case of applications made under Objective RF37 and RF38, within two kilometres outside the Inner Noise Zone.

Table 12.4 – Design Guidelines for Rural Dwellings



Design Guidelines for Rural Dwellings

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

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 & 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 colours 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, consideration should seriously 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 will 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 complement 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 complement 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 in order 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, intercoms and security features, which should all be discrete.

Access & Site Lines

  • The 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, 2009) or other superseding standards. These 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.



Objective DMS52

Ensure that the design and siting of any new house conforms to the principles of Design Guidelines for Rural Dwellings as outlined in Table 12.4.



Objective DMS53

Ensure that the requirements set out for on-site treatment systems are strictly complied with, or with the requirements as may be amended by future national legislation, guidance, or Codes of Practice.



Objective DMS54

Development requirements where on-site treatment systems are proposed are:

  • Ensure each new dwelling has a minimum site area of 0.2ha
  • Prevent possible pollution of groundwater and surface water via:
    • The design and installation of the proposed proprietary treatment plant in accordance with an appropriate harmonised standard, a European technical approval, a National technical specification, an appropriate Irish standard, an Irish Agreement Board Certificate, or an alternative national technical specification of any EU Member State.
    • The proposed plant and secondary treatment is to be located in accordance with the Code of Practice: Wastewater Treatment and Disposal Systems serving Single Houses (p.e. <=10) published by the EPA, 2009
    • The applicant must enter into a maintenance agreement for the proposed treatment plant
    • A site characterisation test form must be completed by a suitably qualified and competent person. Notwithstanding this, the Council may require additional tests to be carried out under its supervision.
    • Pending the installation of the treatment plant and polishing filter/percolation area, the applicant will be required to lodge a monetary deposit with the Council. The deposit will be refunded on receipt of a certificate from a suitably qualified and competent person confirming that all necessary works have been carried out in accordance with the manufacturer’s instructions.



Objective DMS55

Implement the recommendations of the Ground Water Protection Scheme.

12.7 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 five basic principles of open space provision:

Hierarchy, Accessibility, Quantity, Quality and Private Open Space.

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Hierarchy and Accessibility

Table 12.5, 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 12.5 Open Space Hierarchy and Accessibility






Type of Public Open Space

Areas

Accessibility from homes

Note

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.

Between 500 sq m – 0.2 hectares

Every home within 150m walking distance

Provide pocket parks in all

cases. No contributions in lieu

Small Parks (Class 2 as per Development Contribution Scheme) Depending on their size, these will accommodate playground facilities, kick about areas, and passive recreation.

Between 0.2 – 2 hectares

Within 400m walking distance of homes

 

Local Parks (Class 1 as per Development Scheme) Accommodate playground facilities and a number of playing fields. Passive recreational and biodiversity areas will also be accommdated in these parks.

Between 2 hectares – 20 hectares.

400 metres.

 

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.

Between 20 hectares – 50 hectares

Within 1km

 

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.

Over 50 hectares

Within 5km

 
  • *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 and or as a visual relief and screen planting e.g. along roads.
    • Green corridors
    • Areas of open space under high voltage electricity lines.

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 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 DMS56

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.

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 DMS57

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.



Objective DMS57A

Require a minimum 10% of a proposed development site area be designated for use as public open space.

The Council has the discretion for the remaining open space required under Table 12.5 to allow provision or upgrade of small parks, local parks and urban neighbourhood parks and/or recreational/amenity facilities outside the development site area, subject to the open space or facilities meeting the open space ‘accessibility from homes’ standards for each public open space type specified in Table 12.5.

The Council has the discretion for the remaining open space required under Table 12.5 to allow provision or upgrade of Regional Parks in exceptional circumstances where the provision or upgrade of small parks, local parks and urban neighbourhood parks and/or recreational/amenity facilities is not achievable. This is subject to the Regional Park meeting the open space ‘accessibility from homes’ standard specified in Table 12.5.



Objective DMS57B

Require a minimum 10% of a proposed development site area be designated for use as public open space.

The Council has the discretion to accept a financial contribution in lieu of remaining open space requirement required under Table 12.5, such contribution being held solely for the purpose of the acquisition or upgrading of small parks, local parks and urban neighbourhood parks and/or recreational/amenity facilities subject to the open space or facilities meeting the open space ‘accessibility from homes’ standards for each public open space type specified in Table12.5.

The Council has the discretion to accept a financial contribution in lieu of the remaining open space requirement to allow provision or upgrade of Regional Parks in exceptional circumstances where the provision or upgrade of small parks, local parks and urban neighbourhood parks and/or recreational/amenity facilities is not achievable, subject to the Regional Park meeting the open space ‘accessibility from homes’ standard specified in Table 12.5.

Where the Council accepts financial contributions in lieu of open space, the contribution shall be calculated on the basis of 25% Class 2 and 75% Class 1 in addition to the development costs of the open space.



Objective DMS58

Require an equivalent financial contribution in lieu of open space provision in smaller developments of less than three units where the open space generated by the development would be so small as not to be viable.

Where the Council accepts financial contribution in lieu of open space, the contribution shall be calculated on the basis of 25% Class 2 and 75% Class 1.



Objective DMS59

Ensure every home within a new residential scheme is located within 150 metres walking distance of a pocket park, small park, local park, urban neighbourhood park or regional park.



Objective DMS60

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



Objective DMS61

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 DMS62

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



Objective DMS63

Open space areas designed to a highly ornate and unsustainable standard will not be taken in charge as public open space.

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 DMS64

Require a minimum open space provision equal to 70% of the open space requirement in addition to intensive recreational/ amenity facilities.

Quality

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 DMS65

Ensure open spaces are not located to the side or the rear of housing units.



Objective DMS66

Ensure open space provision is suitably proportioned and inappropriate narrow tracts are not provided.



Objective DMS67

Ensure, where possible, complementary facilities, such as dressing rooms and storage facilities, are provided as part of the open space provision.



Objective DMS68

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 DMS69

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.

Green Corridors

Green corridors are linear open spaces along paths, water courses, planting or other natural features that provide opportunities for walking and cycling, informal recreation, and biodiversity and wildlife migration. They will not generally be included as part of the quantitative calculation for open space provision, except with the agreement of the Planning Authority. Green corridors should be incorporated into all new large developments, as part of Green Infrastructure provision, linking large areas of open space and linking with areas outside the development site.



Objective DMS70

Provide green corridors in all new developments where the opportunity exists.

Green Roofs

In addition to their environmental benefits, green roofs also provide potential for additional amenity space, particularly in high density development. Green roofs do not form part of the public open space provision.



Objective DMS71

Encourage the use of green roofs as amenity space.

Sustainable urban Drainage Systems

Sustainable urban Drainage Systems (SuDS) can best be defined as offering a “total” solution to rainwater management and must be included in all new developments. Ponds, artificial wetlands and water features can make a positive contribution to the provision of Sustainable Drainage Systems (SuDS) and to the amenity of an area. Properly designed and located SuDS features can be incorporated within and can complement the amenity and aesthetic value of open spaces.

SuDS areas do not form part of the public open space provision, except where they contribute in a significant way to the design and quality of open space. The determination shall be at the discretion of the Planning Authority.



Objective DMS72

Ensure as far as practical that the design of SuDS enhances the quality of open spaces. SuDS do not form part of the public open space provision, except where it contributes in a significant and positive way to the design and quality of open space. In instances where the Council determines that SuDS make a significant and positive contribution to open space, as determined by the Council, a maximum 10% of open space provision shall be taken up by SuDS. The Council will give consideration to the provision of SuDS on existing open space, where appropriate.



Objective DMS73

Underground tanks and storage systems will not be accepted under public open space, as part of a SuDS solution.

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 DMS74

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 DMS75

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.

Tree Policy

Trees provide both valuable amenity and wildlife habitat. Visually they add to an area, softening the impact of physical development on the landscape while also fulfilling an important role in the improvement of air quality in urban areas and providing wildlife habitats. ‘The Forest of Fingal – A Tree Strategy for Fingal' sets out the Council’s policy for street tree planting, management and maintenance.



Objective DMS76

Protect, preserve and ensure the effective management of trees and groups of trees.



Objective DMS77

Ensure during the course of development, trees and hedgerows that are conditioned for retention are fully protected in accordance with ‘BS5837 (2012) Trees in relation to the Design, Demolition and Constructions – Recommendations’ or as may be updated.



Objective DMS78

Require the use of native planting where appropriate in new developments in consultation with the Council.



Objective DMS79

Ensure trees, hedgerows and other features which demarcate townland boundaries are preserved and incorporated where appropriate into the design of developments.



Objective DMS80

Consider in tree selection the available rooting area and proximity to dwellings or business premises particularly regarding shading of buildings and gardens.



Objective DMS81

Promote the planting of large canopy trees on public open space and where necessary provide for constructed tree pits as part of the landscape specification.



Objective DMS82

Ensure roadside verges have a minimum width of 2.4 metres at locations where large trees are proposed and where necessary provide for constructed tree pits as part of the landscape specification. Road verges shall be a minimum of 1.2 metre wide at locations where small canopy trees are proposed.

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 DMS83

Ensure trees removed from residential areas are replaced, where appropriate, as soon as resources allow.



Objective DMS84

Ensure private open spaces for all residential unit types are not unduly overshadowed.



Objective DMS85

Ensure boundary treatment associated with private open spaces for all residential unit types is designed to protect residential amenity and visual amenity.

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 DMS86

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 DMS87

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.

Apartments and Duplex

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.

Designers should have regard to the targets and standards set out in Table 12.6 with regard to minimum space provision.



Objective DMS88

Require private balconies, roof terraces or winter gardens for all apartments and duplexes comply with or exceed the minimum standards set out in Table 12.6.



Objective DMS89

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 DMS90

Require communal amenity space within apartment developments, in the form of semi-private zones such as secluded retreats and sitting out areas, complies with or exceeds the minimum standards set out in Table 12.6.



Objective DMS91

Permit in appropriate layouts (e.g. courtyard layouts) the provision of a combination of private and semi-private open spaces.

Table 12.6 – Open Space requirement for Apartment and Duplex





 

Private amenity space

Communal Amenity Space

Studio

4 sqm

4 sqm

One bed

5 sqm

5 sqm

Two bed

7 sqm

7 sqm

Three bed

9 sqm

9 sqm

12.8 Community Infrastructure, Facilities and Services

Community Buildings

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



Objective DMS92

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.

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).



Objective DMS93

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.

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.



Objective DMS94

Residential properties with childcare shall retain a substantial residential component within the dwelling, and shall be occupied by the operator of the childcare facility.

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.

Educational Facilities

The Council will consider school developments having regard to specific requirements of the Department of Education and Skills 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 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.
  • Conformity with land use zoning objectives.
  • In all cases, a School Travel Plan shall be submitted with an application for any school development, requirements of which should be ascertained at pre-planning stage.
  • Dual function of sports facilities/halls etc. outside of school hours will be encouraged where the use of such facilities will be of a benefit to the wider community, however any outside hours usage of the school should not be to the detriment of adjoining residential amenities. Full details of all anticipated uses outside of school hours should be provided with the planning application.

Temporary classrooms will be assessed on a case-by-case basis and will generally be accepted for a period not exceeding five years and such classrooms should not interfere with onsite car/ cycle parking spaces or unduly impact the usability of outdoor play/sports facilities.

Extensions to schools will generally be accepted where they will replace existing temporary classroom structures on site. School extensions should be located having regard to adjoining amenities and amenities within the school site.

Places of Worship

Development proposals for the habitual use of a building as a place of public worship or religious instruction will be considered in the context of the land use zoning and the need to protect the amenities of established uses from impacts arising from traffic, noise or other disturbance. Planning applications for places of worship should be accompanied by details of the capacity of the facility (e.g. seating capacity), a traffic assessment and intended hours of operation.



Objective DMS95

Facilitate the development of additional places of worship through the designation and/ or zoning of lands for such community requirements and examine locating places of worship within shared community facilities.



Objective DMS96

Require that new or enlarged places of worship be located in places where they do not create unacceptable traffic congestion or car parking difficulties nor cause a nuisance to existing residents or businesses.

Health Centres/Services

The Planning Authority will distinguish between small scale medical practices involving one to two principals (i.e. doctor/dentist/physiotherapist owning the business) with a maximum of one to two employees, and larger medical practices accommodating two or more medical practitioners and two or more support staff.

The Planning Authority will consider on their own merits, any applications for the establishment of small-scale medical practices, or the extension/ refurbishment of existing small-scale medical practices, in residential areas. Applications should involve professional medical (commercial) activities carried out by the resident of the building or, the premises should incorporate an otherwise occupied living unit. The operation of these premises shall not have negative impacts on the residential amenities of the surrounding area. Parking and access arrangements shall be as per Table 12.8 requirements, while parking areas shall not dominate the front curtilage of the property in contrast to adjoining dwellings, and shall be similarly landscaped.



Objective DMS97

Medical practices in residential areas shall be additions to the existing residential use of a dwelling and be subordinate to it.

Similar to childcare facilities in residential areas – small-scale medical practices should ideally be in larger and detached houses on their own grounds and with suitable and convenient access for those arriving by car, foot or public transport.



Objective DMS98

Larger scale and group medical practices shall be located in Rural Villages, Local Centre, Town and District Centre, Metro Economic Corridor and Major Town Centre zonings. They shall not have negative impacts in terms of generating overspill of car parking, traffic hazard, negative impact on adjoining residential uses, and shall complement the existing uses and buildings and should have only modest signage.

In the case of veterinary surgeries, full details of all services provided on site shall be submitted including details of overnight facilities (including kennels/staff accommodation) and out of hours services shall be submitted together with noise mitigation measures where appropriate.

Burial Grounds and Crematoria

Local Authorities have a statutory responsibility to provide for burial facilities. Many of the existing burial grounds within the County have reached or are nearing full capacity. Therefore, it will be necessary to provide additional burial grounds within the County over the next number of years.



Objective DMS99

Provide and facilitate the development of additional burial grounds, including green graveyards / natural burial grounds in areas across Fingal as required during the life of the Development Plan and which preferably have good public transport links, taking cognisance of the needs of multi-faith and non-religious communities.



Objective DMS100

Ensure burial grounds are managed and maintained in a manner which respects their cultural heritage and which provides safety and universal access.



Objective DMS101

Facilitate the provision of a crematorium within the life of the Draft Plan, subject to environmental assessment and Screening for Appropriate Assessment as appropriate.

12.9 Enterprise and Employment

The Planning Authority encourages high quality design, materials and finishes and good quality landscaping for all commercial and industrial developments.

In assessing planning applications a number of considerations will be taken into account:

  • Conformity with relevant Development Plan land use policies and objectives.
  • The mix of uses being proposed particularly in mixed use areas, i.e. areas zoned LC, MC, MEC, TC, RV, where development and changes of use need to be orientated towards creating environments that are vibrant and lively.
  • The intensity and nature of the proposed use.
  • Achievement of an appropriate density and scale of development.
  • Provision of open space and high quality landscaping plans.
  • High quality design.
  • Potential impact of traffic movement and parking provision.
  • Impact on amenities of the surrounding areas.
  • Energy efficiency and overall sustainability of the development.
  • Waste management measures.

Business Parks and Industrial Areas

Business parks and industrial areas in Fingal are intended to provide high quality physical environments for businesses and industry reflecting the character of the County. The principle aims are to achieve high quality design, visual continuity and pedestrian/cycle friendly environments whilst ensuring the functioning of business and industrial locations. It is also considered that good design will assist in the long term economic viability of these areas.

Table 12.7 - Design Guidelines for Business Parks and Industrial Areas



Site Design

Access & Circulation

  • Sites should be designed to minimise conflicts between vehicles and pedestrians/cyclists.
  • The number of access points to a site should be kept to a minimum
  • Access points should be designed to provide safe ingress/egress for vehicles and pedestrians
  • Alignment of opposite entrances is encouraged to promote continuity and provide uniformity
  • Mobility Management Plans will be encouraged for employee intensive developments

Pedestrian/Cycle Connections

  • Site design should accommodate pedestrian/cycle circulation in a safe and efficient manner.
  • Pedestrian and cycle routes should be physically separated from vehicular circulation as much as possible
  • Intersections where pedestrian/cyclist and vehicles converge should be clearly marked for visual identification by both motorists and pedestrians/cyclists

Permeability

  • Permeability is influenced by a number of factors including building layout, road layout, setbacks, car parking and landscaping and an integrated approach is required to achieve good permeability.

Lighting

  • Lighting creates a secure and attractive environment. Lighting can also be a source of pollution and should be designed to eliminate and minimise spill out beyond the site.
  • Beacons, search lights, blinking lights, flashing or changing intensity lights will be discouraged
  • Lighting should not be used in a manner which would interfere with the safe movement of vehicles or the navigation of aircraft
  • Lighting should be directed away from adjacent buildings and the public road
  • Lighting in service areas should be contained within service yard boundaries
  • Security lighting should be confined to entrances and pedestrian areas and should not project onto the public road
  • Pedestrian circulation routes and entrances should be adequately lit

Loading/Service Areas

  • Loading bays and service dock areas should be located to the rear or sides of buildings where possible, away from the main building entrance, or relatively visible areas
  • Where possible, service, loading, generator and waste storage areas should be enclosed within the building
  • External loading and service areas should be appropriately screened
  • Loading areas should be designed to accommodate vehicular manoeuvring on site

Waste/Recycling

  • All waste and recycling areas should be covered/enclosed and appropriately screened from wind and public view

Silos and Ancillary Structures

  • Silos and ancillary structures should be screened as much as possible and located to the sides and rear of buildings
  • Where possible materials used for the construction of silos and ancillary structures should match that of the building

Storage (Plant, Materials, Machinery)

  • The storage of plant, materials and machinery should be reserved for the rear of buildings to minimise their visual impact

Set Backs

  • Set backs assist in establishing visual continuity and help create attractive streetscapes, generally:

    • A minimum 10 m set back comprising hard and soft landscaping should be provided between the building line of every building abutting a main road. This may be reduced, but generally no less than 7m set back, on internal roads
    • The set back should provide a landscaped buffer area and should not be used for parking or other business related activity or advertising

SIgnage

  • All signage should be of an appropriate design so as to be compatible with the character of the area
  • All signage should be constructed with a palate of materials consistent with the predominant material and architectural character of the attendant building
  • The materials, location, size, colour, height, scale lighting and orientation of signage should not detract from the visual amenity of the area
  • Only one free standing ‘identification’ sign per unit will be permitted in order to avoid the over proliferation of signage. Additional informational and directional signage should be minimised. Where buildings have multiple units only one freestanding ‘identification’ sign will be permitted
  • The following signage will be discouraged: Signs which advertise general products or services, Animated, moving, flashing, rotating or sound-emitting signs, Billboards, Roof mounted signs or signs which project above the ridge height of the building, Internally illuminated awnings, Changeable message signs, Pole mounted signs and Wall signs.

Public Art

  • Outdoor sculptures, appropriate art work, and special architectural and landscape features are encouraged in the development of individual sites and as features within public areas of estates. Such features help establish and reinforce visual identity and sense of place.

Sustainability

  • The design and orientation of buildings should take advantage of local climate conditions utilising solar gain and daylight
  • The application of SuDS is required during the design phase of all developments
  • Appropriate energy conservation strategies should be employed in building design including building shape, mass, orientation and the choice of materials

Image of car park



Building Design

Building Orientation and Road Frontage

  • The siting and orientation of buildings should protect and enhance existing views and vistas, make optimal use of sunlight and angles, enhance the character of existing land forms and site features, and strengthen the relationship between buildings
  • The layout of buildings should form high quality public spaces with a high degree of passive surveillance

Massing and Form

  • Contemporary building design will be encouraged. Contemporary architectural treatments, materials and finishes should be incorporated into all aspects of building design
  • Buildings in industrial and general business areas should be designed in a manner consistent with adjoining buildings in terms of height and scale
  • Where residential areas are adjacent to industrial and business parks consideration should be given to having reduced heights at the abutting part of the site so as to minimise the contrast and impact between the two areas
  • Monolithic buildings should be avoided. The mass of large buildings should be broken into groups of clusters or sub-parts where possible to reduce perceived scale
  • A mix of building types will be encouraged ranging from incubator units to large units
  • Building design should be as flexible and innovative as possible to facilitate the changing needs of occupiers and their processes

Building Appearance and Materials and Colour Palate

  • Building materials should be aesthetically pleasing and durable
  • All buildings should relate visually to one another and uses should be compatible with adjacent uses
  • Use of similar architectural elements such as window shapes, roof forms, similar materials, colours and textures help in achieving visual continuity
  • Human scale buildings should be encouraged.

Appearance

  • Buildings should be set within landscaped settings with high quality public plazas/spaces formed by high quality buildings
  • Landmark buildings will be encouraged at strategic locations to act as focal points
  • Buildings should be legible; this can partly be achieved through expressing the position of each floor in the external skin design using techniques like terracing, articulated structural elements, or changing building materials. Belt courses, or other horizontal trim bands or contrasting colours, and or materials can also achieve building legibility

Facades

  • Facades with a high level of visual interest are encouraged
  • The exterior character of buildings should enhance the character of the area and pedestrian/ cyclist and motorists experience
  • ‘Friendly’ facades can be achieved using decorative wall surfaces and landscape materials, modular materials such as brick and stone and windows that reveal indoor amenities and activity
  • Large expanses of blank walls and mirror glass are not conducive to creating friendly facades and should be avoided where possible
  • Visual continuity should be achieved through the use of muted colours
  • Generally, the use of dark colours should be reserved for the base of buildings with lighter colours used for the upper levels

Roofscape

Roofscapes should add to the visual continuity of business parks and industrial areas

Roof elements should be simple in form and continuous

Horizontal and undulating lines are encouraged

Flat, hipped and mansard roofs will be discouraged

Exhaust flues, chimneys and vents should be integrated into the building, preferably located to the rear or side of buildings, appropriately screened and coloured to match the overall design of the attendant building

Telecommunications and Antenna Equipment

  • Roof mounted equipment should be designed to blend into their host building. Roof-mounted equipment that will be visible against the skyline should be painted to blend with the sky background as viewed from adjoining roads and buildings
  • Roof mounted plant rooms will generally not be permitted. Such plants should be integrated into the overall design of buildings
  • Wall-mounted equipment should be mounted as flush to the building as is technically possible and should not extend above the roofline of the building
  • Utility screening should be comprised of durable materials. All utility lines (including power and telephone lines) should be installed underground where possible

Solar, Utility, Electrical and Mechanical Equipment

  • All ground, building, or roof-mounted electric, gas, mechanical units, and similar devices must be properly located to avoid unsightliness or potential safety issues, and must be appropriately screened in a manner compatible with the design of the attendant building
  • No heating (except solar), air conditioning, electrical, or other equipment may be installed on the roof of any building or structure unless screened with materials compatible with (preferably the same as) the predominate exterior building material
  • Electricity substations should not be permitted on public open space
  • Electricity substations should be sited at ground level
  • Oil tanks, substations, gas meters and other service rooms should be screened and should not be visible from public roads

Building Entrances

  • Primary entrances should be clearly legible through the use of appropriate materials and scale
  • Entrances should be clearly legible
  • Entrances should be designed to read as contrasting areas on a building’s façade and orientated towards public spaces, either the primary road or internal vehicle drive

Parking

  • Parking areas should be designed to provide safe and convenient movement of vehicles and limit vehicular/pedestrian conflicts
  • Surface car parking should not dominate the layout of development and should be designed as an integral part of each building
  • Innovative car parking arrangements are encouraged including basement/semi basement parking and under-croft parking to minimise visual impact
  • Parking areas should be appropriately screened and their visual impact softened with the use of planting and landscape features
  • Where buildings are showrooms alongside a road, there should be no parking to the front of the building line. Otherwise, parking to the front of buildings should be limited to visitor parking only
  • Parking areas should be of semi/permeable surface incorporating the principles of SuDS
  • Large expanses of parking is discouraged and should be broken into smaller modules broken by vegetation/landscaping
  • Parking areas should be buffered from the road with landscaping, earthen berms, half walls or fences to soften their appearance
  • Adequate and secure cycle parking should be provided (Table 12.9).
  • Motorcycle parking should also be provided within parking schemes.
  • Some facilities may require checkpoints in order to monitor access. Guardhouses and security huts should be designed and located in a manner that will not conflict with pedestrian/cycle movements or cause traffic queuing. The design of security huts should be consistent with the architectural design of its attendant building

Landscaping and Boundary Treatment

  • Planting of native species is encouraged
  • Enhance the visual character of the area by promoting the planting of trees and other shrubbery alongside roadside boundaries.
  • Where possible, existing vegetation should be preserved, enhanced and incorporated into the landscape design
  • The appearance and maintenance requirements of plant and tree selection should be considered.
  • Boundary treatments should, where necessary, take account of the need to act as noise buffers especially where the building adjoins a busy road or motorway
  • Landscaping should be used to emphasis entrances and pedestrian circulation routes
  • Boundaries which are visible from the public road (in particular boundaries which project forward past the building line) should be of a high architectural quality
  • Palisade fencing to the front of any building line will not be permitted
  • The use of retention ponds as an urban design feature within business parks will be encouraged to enhance the campus setting



Objective DMS102

Ensure that the design and siting of any new Business Parks and Industrial Areas conforms to the principles of Design Guidelines as outlined in Table 12.7.

Retail Development

Retailing often has a social and civic focus in local neighbourhoods and villages. Such developments should therefore achieve high quality design. They should be designed and sized to be appropriate in scale in relation to the planned catchment area. Local centres and rural villages are intended to cater for the daily shopping and service needs of the immediately surrounding areas and will consequently be generally small in scale. In dealing with applications in these local centres any analysis should take cognizance of changing shopping trends, the social and economic circumstances of the area and the retail strategy in Chapter 6.

Retail Criteria

Applications for new retail development shall accord with the requirements outlined in Chapter 6.



Objective DMS103

The provision of new retail development shall be in accordance with the Fingal Retail Strategy in Chapter 6.



Objective DMS104

Retail development shall be in accordance with the role and function of the retail centre and accord with the scale and type of retailing identified for that location.



Objective DMS105

Retail development should be in accordance with the fundamental objective to support the vitality and viability of the retail centre and must demonstrate compliance with the sequential approach. Proposals to amalgamate retail units will be carefully considered. Major retail proposals (exceeding 1,000 sq.metres) are required to provide a detailed Retail Impact Assessment (RIA), a Transport Impact Assessment (TIA) and Screening for Appropriate Assessment, as appropriate.

Types of Retail Development

Fast Food/Takeaway Outlets

Fast food outlets have the potential to cause disturbance, nuisance and detract from the amenities of an area and as such, proposals for new or extended outlets will be carefully considered.



Objective DMS106

Development proposals for fast food/takeaway outlets will be strictly controlled and all such proposals are required to address the following:

  • The cumulative effect of fast food outlets on the amenities of an area.
  • The effect of the proposed development on the existing mix of land uses and activities in an area.
  • Opening/operational hours of the facility.
  • The location of vents and other external services and their impact on adjoining amenities in terms of noise/smell/visual impact.



Objective DMS107

Give careful consideration to the appropriateness and location of fast food outlets in the vicinity of schools and, where considered appropriate, to restrict the opening of new fast food/takeaway outlets in close proximity to schools so as to protect the health and wellbeing of school-going children.

Motor Fuel Stations

Petrol stations, while necessary, have the potential to cause disturbance, nuisance and detract from the amenities of an area and as such, proposals for new or extended outlets will be carefully considered. Motor fuel stations will not generally be encouraged within the core retail area of urban centres or in rural areas.



Objective DMS108

Development proposals for motor fuel stations shall address the following:

  • Development proposals will be required to demonstrated that noise, traffic, visual obtrusion, fumes and smells will not detract unduly from the amenities of the area and in particular from sensitive land uses such as residential development.
  • Motor fuel stations should be of high quality design and integrate with the surrounding built environment. In urban centres, where the development would be likely to have a significant impact on the historic or architectural character the area, the use of standard corporate designs and signage may not be acceptable.
  • Forecourt lighting, including canopy lighting, should be contained within the site and should not interfere with the amenities of the area.
  • The forecourt shop should be designed so as to be accessible by foot and bicycle, with proper access for delivery vehicles. The safety aspects of circulation and parking within the station forecourt should be fully considered. Retailing activities should be confined to the shop floor area, except in the case of sales of domestic fuel, where some external storage may be permissible.
  • The sale of retail goods from petrol stations should be restricted to convenience goods and only permitted as an ancillary small-scale facility. The net floorspace of a fuel station shop shall not exceed 100 sqm. Where permission is sought for a retail floorspace in excess of 100 sqm, the sequential approach to retail development shall apply.
  • Workshops for minor servicing (e.g. tyre changing, puncture repairs, oil changing) may be permitted in circumstances where they would not adversely impact the operation of the primary petrol station use and local amenities, particularly with regard to proximity to dwellings or adjoining residential areas.
  • Motor fuel stations and service areas in proximity to the National Road network will be assessed with regard to the Spatial Planning and National Roads Guidelines for Planning Authorities DECLG, 2012.
Retail Warehousing

The range of goods sold in both existing and any future retail parks will be tightly controlled and limited to bulky household goods or goods which are not portable by customers travelling by foot, cycle, or bus (See Annex 1 of Retail Planning Guidelines (2012) for definitions of bulky goods). Ancillary products should not exceed 20% of the total net retail floorspace of the relevant retail unit. In town and village centres, the size and scale of all new retail warehousing developments should be in accordance with the character of the area. Demand for new retail warehousing and/ or retail parks will be directed into the Major Town Centre ‘MC’ zoned lands of the Level 2 higher order retailing locations and into the Retail Warehousing ‘RW’ zoning,

preferably, in the first instance, to consolidate the existing clusters of retail warehouses and/ or retail parks.



Objective DMS109

Only permit retail warehousing on lands zoned for this purpose (RW) or Major Town Centre (MC) and where there is a clear evidence based need for such uses. In addition proposals will be required to comply with the objectives of Chapter 6.8 Retail Sector of this Plan.

Home Based Economic Activity

Development proposals for small scale home based economic activities will be considered where the applicant is the resident of the house and can demonstrate that the proposed activity is subordinate to the main residential use of the dwelling. Proposals that adversely impact on the existing residential amenity of the area by way of increased traffic, noise, fumes, vibration, smoke, dust or odour will not generally be favourably considered. The Planning Authority will assess the suitability of the residential site to accommodate the proposed home based economic activity having regard to the size and scale of the site and dwelling, the prevailing density of the area, the availability of adequate safe car parking and the general compatibility of the nature of the use with the site context.

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 DMS110

Permit home-based economic activities where the proposed activity is subordinate to the main residential use of the dwelling and does not adversely impact on the existing residential amenity of the area by way of increased traffic, noise, fumes, vibration, smoke, dust or odour.



Objective DMS111

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.

12.10 Infrastructure and Movement

Transportation

Integrated Land Use and Transportation

The integration of land-use and transport involves the location of trip intensive land uses (such as high-density housing, offices, and comparison retail) near high capacity public transport (such as DART, Metro, Luas, and Bus Rapid Transit). It benefits the land uses by providing high quality public transport for the greatest number of residents and employees.

The Development Plans for each of the four Dublin local authorities currently include standards which limit the amount of car parking at new developments, especially places of work and education. Consequently, the car parking standards are split into Zone 1 which allows fewer car parking spaces and Zone 2 which allows a higher number of car parking spaces. Zone 1 applies to areas which are:

  • Within 1600m of DART, Metro, Luas or BRT, (existing or proposed),
  • Within 800m of a Quality Bus Corridor,
  • Zoned MC, Major Town Centre, or
  • Subject to a Section 49 scheme

Zone 2 applies to all other areas.



Objective DM112

Limit the number of car parking spaces at places of work and education so as to minimise car-borne commuting. The number of car parking spaces at new developments will be in accordance with the standards set out in Table 12.8.

Where demand can be managed by pricing, i.e. retail developments, the pricing should favour shoppers, who generally stay for shorter times, over employees, who generally stay for longer times.

In town and village centres where plot sizes are small, it is can be difficult to provide car parking for new developments. Where Pay and Display systems are in operation, the parking demand can be accommodated on-street. As the use of on-street parking, especially permit-parking, saves developers the cost of providing their own car parking spaces and reduces Council revenue from Pay and Display, a contribution in lieu of parking is appropriate.



Objective DM113

New retail developments with more than 50 car parking spaces shall have paid parking which shall favour short-term parking over long-term parking. This objective shall also apply to existing retail developments which propose to increase their car parking by more than 50 spaces.



Objective DMS114

In towns and villages with Pay and Display parking, developers may pay a contribution in lieu of car parking at a rate of €5000 (five thousand euro) per space.

Mobility Management Plans

Mobility Management Plans set out measures which promote sustainable transport for particular places of work or education.



Objective DMS115

Require that all new developments with over 100 employees and all new schools shall have a Mobility Management Plan. Existing schools that apply for planning permission to accommodate expansion will also be required to provide a Mobility Management Plan.

Sustainable Transport

Walking and Cycling

Walking and cycling are the most efficient modes of travel in terms of use of road-space, and the most sustainable in terms of environmental impacts. However, walking is only practical for short-distance trips and cycling for short- to medium-distance trips.



Objective DMS116

Require new developments to be designed in accordance with DMURS. In particular they shall have layouts and designs which reflect the primacy of walking and cycling by providing safe, convenient and direct access to local services, employment and public transport.

The promotion of cycling as a sustainable mode of transport depends on providing sufficient parking at places of employment and education. Bicycle parking standards, which are norms, are set out in Table 12.9.



Objective DMS117

Ensure that all new employment and education developments include adequate, secure and dry bicycle parking, in accordance with the standards set out in Table 12.9.

Public Transport

For high volumes of travellers and for medium-to-long-distance trips, the various modes of public transport are the most efficient modes of travel in terms of use of road-space, and the most sustainable in terms of environmental impacts.



Objective DMS118

Support public transport improvements by reserving the corridors of planned routes free from development. Provide setbacks along public transport corridors to allow for future improvement to enable the provision of a safe and efficient network of public transport infrastructure.

Proposed New Metro North

A proposed new Metro North has been included in the Government’s capital programme. It will link Swords via the Airport, to Dublin City Centre. The provision of the proposed new Metro North is critical to the continued, sustainable growth of the County Town, Swords. It is essential that the metro stops are easily accessible to trip-intensive developments.



Objective DMS119

Ensure that the route of the proposed new Metro North and its stops are kept free from development. Require that all development alongside the route of the proposed new Metro North includes permeability for pedestrians, cyclists and public transport so as to maximise its accessibility.



Objective DMS120

Allow high-density development along the proposed new Metro North corridor, in accordance with the land-use plans of the Council.

Metro West

While Metro West has not been included in the Government’s capital programme 2016 – 2021, a significant amount of preliminary design work has already been carried out. This route has been designed to operate from Tallaght through Clondalkin, Liffey Valley and Blanchardstown linking with the proposed new Metro North at Dardistown, south of Dublin Airport.



Objective DMS121

Ensure that the possible routes of Metro West and its stops are kept free from development. Require that all development alongside the possible routes of Metro West includes permeability for pedestrians, cyclists and public transport so as to maximise its accessibility.



Objective DMS122

Allow high-density development along the Metro West corridor, in accordance with the land-use plans of the Council.

Taxi and Hackney Services

Accessible taxi and hackney services are an important element in the public transport mix providing a demand-responsive 24 hour door-to-door service.



Objective DMS123

Facilitate and promote the development of an accessible taxi and hackney service within the County. Facilitate the provision of taxi ranks at appropriate locations on-street or within new commercial developments.

Roads

Fingal is well served by the national road network with the M1 Dublin to Belfast, the N2/M2 Dublin to Derry, the N3/M3 Dublin to Ballyshannon, and the M50 all traversing the County. Fingal is also serviced by a number of regional routes and local roads. These serve an important economic role and also have valuable social and community functions, often being the sole means of access for local economic activity. The County is very reliant on its road infrastructure for intra-and-inter-county movement and access.

For new developments, securing access onto the road network is a key issue, particularly in rural areas. The intensification of use of an existing access is normally preferable to the creation of a new access onto a rural road. New accesses should not remove on-street car parking

Where new entrances are necessary, the relevant road design standards will be applied (DMRB in rural situations and DMURS in urban situations).

Large new developments, especially commercial developments, generate additional car and HGV traffic. It is important to ensure that development does not cause significant additional congestion on the County’s road network.



Objective DMS124

Prohibit development requiring access onto Motorway and presume against access onto National Primary routes and seek to preserve the capacity, efficiency and safety of national road infrastructure including junctions.



Objective DMS125

Restrict unnecessary new accesses directly off Regional Roads. Ensure premature obsolescence of all county/local roads does not occur by avoiding excessive levels of individual entrances. Ensure that necessary new entrances are designed in accordance with DMRB or DMURS as appropriate, thereby avoiding the creation of traffic hazards.



Objective DMS126

Presume against the removal of on-street parking spaces to facilitate the provision of vehicular entrances to single dwellings in predominantly residential areas where residents are largely reliant on on-street car parking spaces.



Objective DMS127

Require developers to provide a Traffic Impact Assessment where new development will have a significant effect on travel demand and the capacity of the surrounding transport network.

Road Safety

In the design and/or improvement of roads and in the assessment of planning applications for new development, the safety of all road users, including pedestrians, cyclists and motorists will be a primary consideration.



Objective DMS128

Promote road safety measures in conjunction with the relevant stakeholders and avoid the creation of traffic hazards.

Traffic Calming

New residential developments should be designed to create low-speed environments by the use of engineering design and urban design in accordance with DMURS.



Objective DMS129

Ensure that new residential developments are designed in accordance with DMURS to create low-speed environments.

Road Construction and Improvement Measures

It is recognised that the roads infrastructure maintains a central position in the overall transportation network, catering for the movement of buses, goods vehicles, pedestrians, cyclists, as well as the private car. A number of key road improvements are required to facilitate the movement of goods and people throughout the County and to ensure ease of access, especially for major areas of new development.



Objective DMS130

Seek to provide building setbacks along National Roads and Motorways and their junctions, and along sub-standard Regional and Local Roads to allow for future improvement to enable the provision of a safe and efficient network of National, Regional and Local Roads.

Car Parking Standards

Car parking standards provide a guide as to the number of required off-street parking spaces acceptable for new developments. The principal objective of the application of car parking standards is to ensure that, in assessing development proposals, consideration is given to the accommodation of vehicles attracted to the site within the context of existing Government policy aimed at promoting modal shift to more sustainable forms of transport.

The following will be part of the parking standards.

  1. In the case of any use not specified above, the Planning Authority will determine the parking requirements, based on similar uses and first principles.
  2. Zone 1 relates to developments within 800m of a QBC or high quality bus service, or 1600m of an existing or planned Luas/Dart/Metro/Rail station or within an area covered by a Section 49 Scheme, or in lands zoned Major Town Centre. Zone 2 relates to all other areas in the County.
  3. In mixed use developments, the car parking requirement will take account of different uses having peak parking demands at different times of the day and week.
  4. One space or more per 100 spaces should be reserved for disabled parking bays.
  5. One space or more per 100 spaces should be reserved for electric vehicles with charging facilities.

Car parking spaces proposed to serve apartment/duplex residential development shall not be sublet or leased to non-residential owners or non-occupiers. Parking spaces provided within the general circulation of a development should not be assigned individually or to a group exclusively in a manner that would impede those areas being taken in charge as public roads.

Table 12.8 - Car Parking Standards

Land Use

Order

Criterion

Proposed

Notes

Category

Norm

or Max

House - urban/suburban 1 or 2 bedrooms

1

Unit

1-2

Within curtilage

Residential

Norm

House - urban/suburban 3 or more bedrooms

2

Unit

2

Within curtilage

Residential

Norm

House - rural

3

Unit

2-3

Within curtilage

Residential

Norm

Apartment, townhouse 1 bedroom

4

Unit

1

Plus 1 visitor space per 5 units

Residential

Norm

Apartment, townhouse 2 bedrooms

5

Unit

1.5

Plus 1 visitor space per 5 units

Residential

Norm

Apartment, townhouse 3+ bedrooms

6

Unit

2

Plus 1 visitor space per 5 units

Residential

Norm

Sheltered housing

7

Unit

0.5

Plus 1 visitor space per 5 units

Residential

Norm

Caravan / mobile home park

8

Stand

1

 

Residential

Norm

Hotel, Motel, Motor Inn, Guest House

9

Bedroom

1

 

Residential

Norm

Land Use

Order

Criterion

Proposed

Notes

Category

Norm

or Max

Pre-school facilities / creche

10

Classroom

0.5

 

Education

Maximum

Primary school

11

Classroom

1.5

 

Education

Maximum

Special needs unit

12

Classroom

2

 

Education

Maximum

Post primary school

13

Classroom

1.5

 

Education

Maximum

College of Higher Education

14

Lecture

theatre

5

 

Education

Maximum

Retail - Foodstore (incl discount foodstores)

15

GFA

1 per 20

 

Retail

Maximum

Retail - Shopping Centre

16

GFA

1 per 20

Excludes circulation areas

Retail

Maximum

Retail - Warehouse Club

17

GFA

1 per 20

 

Retail

Maximum

Retail - Bank, Building Society

18

GFA

1 per 30

 

Retail

Maximum

Land Use

Order

Criterion

Proposed

Notes

Category

Norm

or Max

Retail - Comparison

19

GFA

1 per 30

 

Retail

Maximum

Retail - Convenience (<200sqm)

20

GFA

1 per 30

 

Retail

Maximum

Retail - Garden Centre

21

GFA

1 per 30

 

Retail

Maximum

Retail - Warehouse (e,g. furniture, white goods)

22

GFA

1 per 30

 

Retail

Maximum

Retail - Car Showroom

23

GFA

1 per 50

 

Retail

Maximum

Offices - General

24

GFA

1 per 30

Reduce by 50% near PT, MNEC, TC

Employ-

ment

Maximum

Offices - Call centre

25

GFA

1 per 30

Reduce by 50% near PT, MNEC, TC

Employ-

ment

Maximum

Offices - Science and

Technology

26

GFA

1 per 40

Reduce by 50% near PT, MNEC, TC

Employ-

ment

Maximum

Industry - General

27

GFA

1 per 40

Reduce by 50% near PT, MNEC, TC

Employ-

ment

Maximum

Land Use

Order

Criterion

Proposed

Notes

Category

Norm

or Max

Industry - Bio-medical

28

GFA

1 per 50

Reduce by 50% near PT, MNEC, TC

Employ-

ment

Maximum

Industry - Data Centres

29

GFA

1 per 100

Reduce by 50% near PT, MNEC, TC

Employ-

ment

Maximum

Warehouse and

distribution

30

GFA

1 per 100

Reduce by 50% near PT, MNEC, TC

Employ-

ment

Maximum

Auditorium, Theatre,

Cinema, Stadium

31

Seat

1 per 3

Complementary uses will be encouraged

Leisure

Norm

Bar, Lounge, Function Room

32

GFA

1 per 15

Complementary uses will be encouraged

Leisure

Norm

Dance Hall, Discotheque, Night Club

33

GFA

1 per 15

Complementary uses will be encouraged

Leisure

Norm

Restaurant, Café

34

GFA

1 per 15

Complementary uses will be encouraged

Leisure

Norm

Take-away

35

GFA

1 per 30

Complementary uses will be encouraged

Leisure

Norm

Library

36

GFA

1 per 20

Complementary uses will be encouraged

Leisure

Norm

Land Use

Order

Criterion

Proposed

Notes

Category

Norm

or Max

Golf Course

37

Hole

6

 

Sport

Norm

Pitch and Putt Course

38

Hole

3

 

Sport

Norm

Sports Club, Gymnasium, Fitness centre

39

GFA

1 per 20

Complementary uses will be encouraged

Sport

Norm

Sport ground, pitches

40

 

TBDbtPA

Complementary uses will be encouraged

Sport

Norm

Institution, Community Centres

41

GFA

1 per 50

Complementary uses will be encouraged

Institution

Norm

Conference Centre

42

Seat

1 per 5

Complementary uses will be encouraged

Institution

Norm

Church, place of worship

43

Seat

1 per 5

Complementary uses will be encouraged

Institution

Norm

Clinic, Group Medical Practices

44

Consulting room

2

 

Institution

Norm

Hospital

45

Bed

1.5

 

Institution

Norm

Nursing Home

46

Bed

1 per 4

 

Institution

Norm

Funeral Home

47

GFA

1 per 20

 

Institution

Norm

  • * PT Public Transport
  • MNEC Metro North Economic Corridor
  • MC Major Town Centre
Bicycle Parking Standards

Bicycles parking standards provide a guide on the number of required parking spaces acceptable for new developments.

Table 12.9 - Bicycle Parking Standards

Land Use

Order

Criterion

Proposed

Notes

Category

Norm

or Max

Apartment, townhouse 1 bedroom

4

Unit

1

Plus 1

visitor space per 5 units

Residential

Norm

Hotel, Motel, Motor Inn, Guest House

9

Bedroom

0.1

 

Residential

Norm

Pre-school facilities / creche

10

Classroom

0.5

 

Education

Norm

Primary school

11

Clasroom

10

 

Education

Norm

Special needs unit

12

Clasroom

1

 

Education

Norm

Post primary school

13

Clasroom

15

 

Education

Norm

College of Higher

Education

14

Lecture

theatre

30

 

Education

Norm

Retail - Foodstore (incl discount foodstores)

15

GFA

1 per 100

 

Retail

Norm

Retail - Shopping Centre

16

GFA

1 per 100

Excludes circulation areas

Retail

Norm

Land Use

Order

Criterion

Proposed

Notes

Category

Norm

or Max

Retail - Warehouse Club

17

GFA

1 per 200

 

Retail

Norm

Retail - Bank, Building Society

18

GFA

1 per 100

 

Retail

Norm

Retail - Comparison

19

GFA

1 per 100

 

Retail

Norm

Retail - Convenience (<200sqm)

20

GFA

1 per 100

 

Retail

Norm

Retail - Garden Centre

21

GFA

1 per 300

 

Retail

Norm

Retail - Warehouse (e,g. furniture, white goods)

22

GFA

1 per 300

 

Retail

Norm

Retail - Car Showroom

23

GFA

1 per 300

 

Retail

Norm

Offices - General

24

GFA

1 per 60

 

Employment

Minimum

Offices - Call centre

25

GFA

1 per 60

 

Employment

Minimum

Land Use

Order

Criterion

Proposed

Notes

Category

Norm

or Max

Offices - Science and

Technology

26

GFA

1 per 80

 

Employment

Minimum

Industry - General

27

GFA

1 per 80

 

Employment

Minimum

Industry - Bio-medical

28

GFA

1 per 100

 

Employment

Minimum

Industry - Data

Centres

29

GFA

1 per 200

 

Employment

Minimum

Warehouse and

distribution

30

GFA

1 per 200

 

Employment

Minimum

Auditorium, Theatre,

Cinema, Stadium

31

Seat

1 per 30

Complementary uses

will be

encouraged

Leisure

Norm

Restaurant, Café

34

GFA

1 per 150

Complementary uses

will be

encouraged

Leisure

Norm

Library

36

GFA

1 per 200

Complementary uses

will be

encouraged

Leisure

Norm

Sports Club,

Gymnasium,

Fitness centre

39

GFA

1 per 100

Complementary uses

will be

encouraged

Sport

Norm

Land Use

Order

Criterion

Proposed

Notes

Category

Norm

or Max

Sport ground, pitches

40

 

TBDbtPA

Complementary uses

will be

encouraged

Sport

Norm

Institution,

Community Centres

41

GFA

1 per 100

Complementary uses

will be

encouraged

Institution

Norm

Conference Centre

42

Seat

1 per 50

Complementary uses will be encouraged

Institution

Norm

Church, place of worship

43

Seat

1 per 50

Complementary uses will be encouraged

Institution

Norm

Clinic, Group Medical Practices

44

Consulting room

1 per 4

 

Institution

Norm

Hospital

45

Bed

1 per 4

 

Institution

Norm

Nursing Home

46

Bed

1 per 10

 

Institution

Norm

Funeral Home

47

GFA

1 per 200

 

Institution

Norm

Water Services

Drinking Water

The Council promotes the implementation of rain water harvesting measures in developments, particularly for commercial developments. Complex issues can arise for the provision of rain water harvesting systems in residential developments therefore the Council promotes the use of water butts as a minimum for use in residential development but will consider other measures when discussed with the Council prior to lodging a planning application. The following objective is relevant to rain water harvesting measures;



Objective DMS131

Require the incorporation of rain water harvesting systems in new commercial developments and the use of water butts as a minimum for use in residential developments.

Additional Criteria for Assessment

All applications are assessed with regards to sustainability, compatibility with existing and proposed surface water drainage infrastructure and compliance with the requirements for surface water and groundwater quality and flood protection amongst other issues. Once a development has been approved, the Council ensures that the construction complies with satisfactory design and construction standards prior to being ‘taken-in-charge’. Once completed, records of the new development must be submitted to the Council in a format which can be satisfactorily managed.

Applicants should work with the Council on issues relating to water services by ensuring that they engage in pre-planning meetings and respond constructively to the advice provided. In addition applicants are advised to consult with Irish Water regarding water supply and wastewater arrangements. This will reduce the need for post planning compliance issues and ensure a more efficient and timely delivery of infrastructure. A key objective is to ensure development is carried out in a sustainable manner. Issues considered include:

  • Water Supply
  • Drainage
  • Water Conservation
  • Surface Water and Flooding
  • Water Quality.

The following objectives are of particular relevance;



Objective DMS132

Ensure that all developments comply with the requirements of the Council and with the principles of sustainable development. Best management practices, as identified by the Council, shall be implemented.



Objective DMS133

Ensure that developers understand the requirements for the design, construction and taking-in-charge of new development.



Objective DMS134

Prepare a ‘Policy for the Taking in Charge of Residential Developments’ within two years of the making of this Development Plan.



Objective DMS135

Prevent the creation of ransom strips.



Objective DMS136

Ensure that all records of new development are submitted to the Council in an agreed format which can be satisfactorily managed.

Renewable Energy

It is the policy of the Council to ensure that all new developments contribute positively towards reducing energy consumption and the associated carbon footprint. While it is important that Fingal welcomes proposals for new and innovative technologies in respect of renewable energies, it is also necessary to ensure such proposals would not have a negative impact on the surrounding environment both in terms of residential and visual amenities of the area. The following objective relates to the provision of renewable energies;



Objective DMS137

Permit renewable energy developments where the development and any ancillary facilities or buildings, considered both individually and with regard to their incremental effect, would not create a hazard or nuisance, including risks of land stability and would take cognisance of the following:

  1. Residential amenity and human health,
  2. The character or appearance of the surrounding area,
  3. The openness and visual amenity of the countryside,
  4. Public access to the countryside and, in particular, public rights of way and walking routes,



Objective DMS137 contd.

  1. Sites and landscapes designated for their nature conservation or amenity value,
  2. The biodiversity of the County,
  3. Sites or buildings of architectural, historical, cultural, or archaeological interest, and
  4. Ground and surface water quality and air quality.

Overhead Cables

Overhead lines and ancillary development can frequently detract from the visual amenity of both urban and rural areas. The following objectives are of particular relevance;



Objective DMS138

Seek the placing underground of all electricity, telephone and TV cables in urban areas. It is the intention of the Council to co-operate with other agencies as appropriate, and to use its Development Management powers in the implementation of this policy.



Objective DMS139

Require that, in all new developments, multiple services be accommodated in shared strips and that access covers be shared whenever possible.



Objective DMS140

Require applicants to submit, in the case of all large applications for overhead cables of 110kV or more:

  1. A visual presentation of the proposal in the context of the route in order to assist the Council in determining the extent of the visual impact
  2. Details of compliance with all internationally recognized standards with regard to proximity to dwellings and other inhabited structures



Objective DMS141

In determining applications proximate to overhead power lines the Planning Authority will have regard to the clearance distances as recommended by the Electricity Supply Board (ESB) and other service providers:

  • For development in proximity to a 10kV or a 38kV overhead line, no specific clearance is required.
  • With regard to development adjacent to an 110kV overhead line, a clearance distance of 20 metres either side of the centre line or 23 metres around a pylon is recommended.
  • For a 220kV overhead line, a clearance distance of 30 metres either side of the centre line or around a pylon is required.

Telecommunications Antennae and Support Structures

The Council recognise the importance for the need for high quality communications and information technology networks in assuring the competitiveness of the County’s economy and its role in supporting regional and national development. The advantages of a high quality ICT infrastructure must however be balanced against the need to safeguard the rural and urban environment. The following objectives are of particular relevance;



Objective DMS142

Require the co-location of antennae on existing support structures and where this is not feasible require documentary evidence as to the non-availability of this option in proposals for new structures.



Objective DMS143

Encourage the location of telecommunications based services at appropriate locations within the County, subject to environmental considerations and avoid the location of structures in fragile landscapes, in nature conservation areas, in highly sensitive landscapes and where views are to be preserved.



Objective DMS144

Require the following information with respect to telecommunications structures at application stage:

  • Demonstrate compliance with Telecommunications Antennae and Support Structures – Guidelines for Planning Authorities issued by the Department of the Environment in July 1996 and / or to any subsequent amendments, Code of Practice on Sharing of Radio Sites issued by the Commission for Communications Regulation and to such other publications and material as maybe relevant in the circumstances
  • Demonstrate the significance of the proposed development as part of a national telecommunications network
  • Indicate on a map the location of all existing telecommunications structures (whether operated by the applicant or a competing company) within a 1km radius of the proposed site
  • Where sharing is not proposed, submit documentary evidence clearly stating the reasons why it is not feasible to share existing facilities bearing in mind the Code of Practice on Sharing of Radio Sites issued by the Commission for Communications Regulation
  • Demonstrate to what degree there is an impact on public safety, landscape, vistas and ecology
  • Identify any mitigation measures

Waste Management

Waste management in Ireland is regulated by the Waste Management Acts, 1996 to 2011, which require local authorities to prepare detailed plans for the management of waste. Under the Waste Management Acts, a Development Plan is deemed to include the objectives of the Waste Management Plan for its area.



Objective DMS145

Promote increased recycling of waste in accordance with the Eastern Midlands Region Waste Management Plan 2015-2021 (or any subsequent plan).



Objective DMS146

Ensure all new large-scale residential and mixed-use developments include appropriate facilities for source segregation and collection of waste.



Objective DMS147

Ensure all new developments include well designed facilities to accommodate the three bin collection system



Objective DMS148

Ensure all new developments make provision for bring bank facilities where appropriate.



Objective DMS149

Require that construction and demolition waste management plans be submitted as part of any planning application for projects in excess of any of the following thresholds:

  • New residential development of 10 units or more.
  • New developments other than above, including institutional, educational, health and other public facilities, with an aggregate floor area in excess of 1,250sqm.
  • Demolition / renovation / refurbishment projects generating in excess of 100m3 in volume of C&D waste.
  • Civil engineering projects in excess of 500m3 of waste materials used for development of works on the site.

Light Pollution

The Council recognises that adequate lighting is essential for a safe and secure environment however light spillage from excessive or poorly designed lighting is increasingly recognised as a potential nuisance to surrounding properties and a threat to wildlife.

The following objective is of particular relevance,



Objective DMS150

Proposals for new lighting shall ensure there is no dazzling or distraction to road users including cyclists, equestrians and pedestrians, and road and footway lighting meets Council standards.

For larger tracts of land it is important to establish a hierarchy of light intensities to ensure that environmental impacts are minimised as far as possible. The establishment of such hierarchies will ensure that subtly lit and unlit areas and features are not compromised in terms of their character and visibility after dark. The success of lighting design will rely heavily on striking the right balance between light and dark over the various areas of land concerned and their immediate contexts.

This approach can be taken by means of determining appropriate light intensities for such lands and the designation of ‘Environmental Zones’ (as defined by the Institute of Lighting Engineers publication, Guidance Notes for the Reduction of Light Pollution published in the UK) should be considered. The designations are as follows;






Zone

Surrounding

Lighting Environment

Examples

E1

Natural

Intrinsically Dark

Natural parks

E2

Rural

Low District Brightness

Rural, small village, relatively dark urban locations

E3

Suburban

Medium District Brightness

Small town centres or urban locations

E4

Urban

High District Brightness

Town/ city centres with high levels of night-time activity



Objective DMS151

Establish a hierarchy of light intensities on lands that are subject to Local Area Plans, Masterplans and larger tracts of lands subject to comprehensive developments in order to ensure that environmental impacts are minimised as far as possible through the designation of Environmental Zones.

12.11 Archaeological and Architectural Heritage

Site Assessment

A site assessment should be carried out prior to starting any design work to help inform and direct the layout, form and architectural treatment of the proposed development and identify issues that may need to be avoided, mitigated for or require sensitive design and professional expertise. The site assessment should evaluate:

  • Character of the site in its setting (including existing buildings)
  • Access to the site
  • Services
  • Protected Designations

Character of the site in its setting: Outline the form and scale of the whole site; its orientation and topography; existing boundary treatments; historic boundaries or plot sizes e.g. townland boundaries or burgage plots; landscape features such as mature trees, hedgerows, designed landscapes and historic gardens; views or vistas to and from the site; where buildings are situated relative to historic and modern spaces on the site; the architectural quality, style and materials of the buildings on the site (it should be noted it is an objective of the Development Plan to retain and re-use the historic building stock and vernacular structures).

Access to the site: Vehicular and pedestrian access routes to the site; Rights of Way.

Services: Water, sewage, electricity and telecommunications.

Protected Designations: Recorded Monument or National Monument; Protected Structure; Architectural Conservation Area; Natural Heritage Area or proposed Natural Heritage Areas; Special Area of Conservation; Special Protection Area; Statutory Nature Reserve; Refuge for Fauna; Ramsar Site; Water Framework Directive Register of Protected Areas site; Special Amenity Area.



Objective DMS152

A site assessment should be carried out prior to starting any design work to help inform and direct the layout, form and architectural treatment of the proposed development and identify issues that may need to be avoided, mitigated or require sensitive design and professional expertise. The site assessment should evaluate:

  • Character of the site in its setting (including existing buildings)
  • Access to the site
  • Services
  • Protected Designations

Archaeological Heritage

Archaeological investigation should take place prior to the design stage of any site contained on the Record of Monuments or Places (RMP) or within a Zone of Archaeological Notification. Archaeological investigation is recommended for lands in close proximity to a significant archaeological site, where clusters of known archaeological sites exist in the vicinity, or for large scale development such as road or drainage schemes, wind farms, housing estates, industrial parks or shopping centres. The archaeological investigations should be presented as an Archaeological Impact Assessment.

An Archaeological Impact Assessment should include:

  • Desktop study of the receiving area
  • Site inspection/walk-over survey
  • Examination of upstanding or visible features or structures
  • Topographical assessment
  • Physical description and photographic record of the archaeological feature, site or object
  • Examination of existing or new aerial photographs or satellite or other remote sensing imagery
  • Identification of potential direct and in-direct impacts
  • Mitigation measures to ameliorate any such impacts of the proposed development on the archaeological heritage of the receiving area

In addition it may be necessary for the assessment of certain sites to incorporate:

  • Geophysical survey
  • Archaeological test excavation

Preservation in situ of all archaeological remains will always be preferred over preservation by record.

Preservation by record of an RMP site, which entails the excavation and removal of an archaeological site or feature, can only be permitted by licence from the National Monuments Service of the Department of Arts, Heritage and the Gaeltacht.

Where permission is given for archaeological excavations these investigations must be carried out by a suitably qualified and licensed archaeologist and are to be fully recorded in line with best practice. In addition to submitting the archaeological report to the Department of the Arts, Heritage and the Gaeltacht, a copy of the findings should also be forwarded to the Council. The developer must ensure that when an unrecorded archaeological object or site is discovered any works that threaten the object or site are immediately suspended until direction is given by the Department of the Arts, Heritage and the Gaeltacht on the matter.

If a monument included in the Record of Monuments and Places (RMP) lies within the open space requirement of any development, a conservation plan for that monument may be requested as part of the overall landscape plan for that proposed open space.



Objective DMS153

All development proposals that may (due to their location, size, or nature) have implications for archaeological heritage shall be accompanied by an Archaeological Impact Assessment and Method Statement.

Architectural Heritage

Protected Structures

Structures, or parts of structures, can be added to the Record of Protected Structures (RPS) if they are deemed of special architectural, archaeological, historical, cultural, artistic, scientific, social and/or technical interest. The designation includes the exterior and interior of the structure, the land lying within its curtilage (boundary), any other structures and their exterior and interiors lying within that curtilage, plus all fixtures and features which form part of the interior or exterior of any of these structures. The effect of Protected Structure status is to seek to retain the special character, setting and features that make these structures significant.

Planning Permission and Protected Structures

Any works that would have a material effect (i.e. impact) on the character of a protected structure require planning permission. This does not mean that extensions or alterations to a Protected Structure are not possible but these works need to be assessed through the planning process and should seek to retain and be sensitive to, in terms of scale and design, the elements that make the structure special. Exempted development regulations that allow certain works without planning permission in normal circumstances do not apply to Protected Structures where the works materially affect the character. Owners and/or occupiers of a Protected Structure can make a written request for a Section 57 Declaration (under Section 57 of the Planning and Development Act 2000) from the Council to list the type of works that do and do not affect the character of a specific Protected Structure in its jurisdiction, and therefore do or do not require planning permission. These tend to be minor works such as repair and routine maintenance.

Direction for Proposed Development of Protected Structures

Where works are being proposed that require planning permission such as alteration of layout, modifications to historic fabric, extension, change of use, new build then the following should inform and direct the proposed design:

  • The nature and extent of the significance or special interest of the Protected Structure and its setting needs to be understood by the proposed developer as this will dictate the acceptable level of change that could be permitted.
  • Alterations and interventions to Protected Structures should follow best practice conservation principles and shall not detract from their significance or value.
  • All works should be carried out to the highest possible standard, under supervision of a qualified professional with specialised conservation expertise. On-site operatives/contractors should have experience dealing with historic buildings.
  • Original features of special interest must be retained.
  • The original form and layout of the Protected Structure should remain legible.
  • Materials and methodologies appropriate to the historic fabric are to be used which may necessitate specialist skills.
  • Appropriately scaled extensions should complement, and be subsidiary to, the main structure be positioned generally to the rear elevation or less prominent elevation. Full width extensions will not normally be permitted as the original extent and form of the Protected Structure should remain legible.
  • Where a Protected Structure is part of a larger development of the overall site then the phasing of the works needs to ensure that those relating to the Protected Structure take place early on, preferably first, so that the conservation and use of the Protected Structure is secured at the start of the project.
  • New fittings on the exterior (such as meter boxes, ventilation grilles, security cameras, burglar alarms, cables) are to be sited to minimise their visual impact. As a rule these elements should not be affixed to the principal elevation. Where there is no other option then the necessity of the addition of the fixture and associated fittings will need to be justified and would have to be a discrete design that blends into the elevation for example vertical or horizontal lines formed by rainwater goods or mouldings could be used to conceal wires.
  • Signage to the exterior of a Protected Structures should be discrete and sensitively designed so as not to negatively impact on the special character. All other external commercial elements or fittings should be kept to an absolute minimum.
  • Where a change of usage or the reuse of a redundant building is proposed care needs to be taken that the new use is compatible and the level of impact necessitated is acceptable on the character and special interest of the structure.
  • The cumulative impact of previous incremental or large-scale alterations could have a bearing on the acceptability of the proposed works as it could be determined that the appropriate quantum of development on the site has already been reached.
  • The special interest of the Protected Structure should not be compromised when meeting the requirements of Building Regulations. Applications for works to meet the requirements of the Building Regulations shall be guided by the principles of minimum intervention to the historic fabric. In considering proposals to meet Part M regard should be had to the Department of Art, Heritage and the Gaeltacht advice series ‘Access: Improving the Accessibility of Historic Buildings and Places’ (2011).

A sensitive design approach is also required for development that adjoins or is in close proximity to a Protected Structure as it could have a detrimental visual impact on it, adversely affecting its setting and amenity. The scale, height, massing, building line, proportions, alignment and materials of any development proposed within the curtilage, attendant grounds or in close proximity to a Protected Structure need to respect and compliment the structure and its setting.

Table 12.10 - Documentation to accompany Planning Applications for Protected Structures



It is recommended that pre-planning consultation takes place with the Conservation Officer prior to the submission of a planning application as the detail of information required will be dependent on the significance of the structure and the extent and nature of the works proposed. In general applications for development that incorporate a Protected Structure should be accompanied by the following documentation:

  • Public notices (i.e. newspaper notice and site notice) - Any planning application relating to a Protected Structure or Proposed Protected Structure must indicate the protected status on the notices.
  • Copies of Plans and Particulars – Fingal County Council requires ten copies of all drawings, plans and accompanying documentation for an application relating to a Protected Structure or Proposed Protected Structure as copies of the application must be circulated to the prescribed authorities.
  • Site plan - showing the Protected Structure in its setting, the relationship of the structure to its curtilage, its urban or rural surroundings and the adjacent land in the ownership of the applicant.
  • Drawings of the Existing Situation
    • Plans, sections, elevation and contextual drawings of the existing Protected Structure(s) and ancillary buildings, where relevant, at a sufficient scale to indicate the general arrangement of the structure.
    • Drawings as they exist of elaborate or detailed features like fireplaces, stairs, cornices or joinery at scales of 1:10 or 1:5 will be required where this will be directly impacted by the proposed works.
  • Drawings of the Proposed Changes
    • Plans, sections, elevation and contextual drawings showing the proposed changes to the Protected Structure(s) and ancillary buildings, where relevant. Changes to be clearly hatched or highlighted. The preferred scale for such drawings is 1:50 or 1: 100.
    • Drawings of the proposed changes to elaborate or detailed features like fireplaces, stairs, cornices or joinery at an appropriate scale will be required where they will be directly impacted by the proposed works.
    • Detailed drawings outlining the impact and method of insertion of proposed partitions
    • Detailed drawings of wall and roof junctions between the existing structure and any new extensions or link buildings where this is proposed.
  • Justification for the Proposed Interventions – A brief written statement should be submitted describing and justifying the proposed works and the philosophy that informs their methodology.
  • Photographic Survey
    • Photographs should be submitted that are sufficient to describe the overall appearance of the exterior of the structure including all exposed sides, its setting and its relationship with surrounding structures.
    • Photographs should be submitted of any interior features that it is proposed to change. Internal photographs should be marked and numbered so that they can be related back to a survey drawing.



Objective DMS154

All planning applications for works to a Protected Structure shall have regard to the information outlined in Table 12.10.

Architectural Heritage Impact Assessment

For buildings of a complex nature or where proposals are likely to have a significant impact on the architectural heritage a more detailed Architectural Heritage Impact Assessment will be required, which should include:

  • Written Description of Protected Structure (and its setting): Describe the form, scale, architectural style and materials of the Protected Structure in detail along with its setting including any relevant ancillary buildings, designed landscape features, boundary treatments, views and vistas that will be impacted by the proposed development.
  • Historical Appraisal: This should include a brief analysis of the age of the existing fabric explaining the different building stages presented in a chronological order and cross referenced to photographs that are annotated on a survey drawing(s). The account should refer to social and historical connections of the structure with emphasis on the evidence available in the physical fabric of the building and its surroundings. The account should include an outline of the comparative significance of the structure. The history should be based on the investigations of the physical fabric, analysis of historic cartographic material and other sources such as deeds or historic drawings.
  • Inventory and Detailed Photographic Record: A detailed room-by-room architectural inventory should be submitted along with a comprehensive good quality photographic survey. The photographs should have explanatory captions and be cross referenced to the historical account and the plans. The survey should include exteriors, interiors and detailed photographs of architectural and historical features of merit and designed landscape features where appropriate. The photographic survey should also show the structures in context.
  • Condition Assessment: This assessment should be on an element by element basis and should cover where relevant the following: externally- roof, walls, doors, windows; internally- staircases, doors, windows, other joinery, walls, floors, ceilings including cornices, decorative finishes, architectural sculptures and art, chimney pieces, structure and mechanical systems. Site features including subsidiary buildings, landscape features, follies and boundary treatments should also be assessed.
  • Statement of Significance: An evaluation of the quality and importance of the structure should be summarised.
  • Impact Assessment: An evaluation should be set out of the implication of the proposed development on the character of the structure and its setting highlighting how the elements that contribute to its special interest would be materially altered by the development. A method statement and specification for works should be included



Objective DMS155

Where necessary, the Planning Authority shall require a detailed Architectural Heritage Impact Assessment for an application for works to a Protected Structure. This shall be carried out in accordance with Appendix B of the DoAHG Architectural Heritage Protection Guidelines for Planning Authorities.

Demolition of a Protected Structure

The legislation only allows permission for the demolition of a Protected Structure in exceptional circumstances and so there will always be a presumption towards the retention and repair of a Protected Structure. In those exceptional circumstances where demolition is proposed the Council will require the following documentation in order to assess the situation:

  • Detailed written justification for the proposed demolition
  • Full condition and photographic survey of the existing structure
  • Detailed drawings of all floor plans and elevations

The condition or disrepair of a Protected Structure is not in itself sufficient reason to justify demolition and so where this is put forward as the rationale then in addition to the above list the following information will be required:

  • An explanation as to how the structure has been allowed to fall into disrepair
  • Clearly marked photographs and drawings indicating the location of defects
  • A condition report from an architect or engineer with specialist conservation expertise outlining why repairs or remedial works are not possible in this instance
  • Where only partial demolition is proposed of elements that do not form part of the significance of the structure it must be demonstrated that it can be carried out without any adverse structural or architectural impact on the Protected Structure.



Objective DMS156

Prevent the demolition or inappropriate alteration of Protected Structures.

Architectural Conservation Areas

An Architectural Conservation Area (ACA) is a place, area, group of structures or townscape that is of special architectural, historical, archaeological, artistic, cultural, scientific, social or technical interest or value, or contributes to the appreciation of protected structures. The distinctive character of an ACA is generally formed from the architectural style and features of the building stock, its setting (whether natural or designed), and the legacy of its evolution over time including its original and current uses. The individual elements that combine to help create the specialness of the place include building scales, heights, lines, mass and proportions, the palette of materials and finishes, decorative motifs and details, roofscapes and profiles, historic street furniture (e.g. original kerbstones, paving, postboxes, street lighting), boundary treatments, trees and planting schemes, designed landscapes, and public spaces.

Any works that would have a material effect on the special character of an ACA require planning permission and so the normal exemptions from planning will no longer apply where they are considered to impact on the unique or special features and elevations of an ACA.

Table 12.11 - Direction for Proposed Development within Architectural Conservation Areas



Changes and development within ACAs should be carried out in a manner sympathetic to its distinctive character and so the following should guide proposed new works within ACAs:

Retention and Reuse

  • Existing buildings and structures should be retained and reused rather than replaced. Applications for demolition of buildings that contribute to the character of an ACA will only be granted in exceptional circumstances. The onus will be upon the applicant to justify the demolition of the building. The Council will start from the premise that the structure should be retained.
  • Retain original building materials, finishes and features including windows, doors, roof coverings, boundary treatments (such as stone walls, hedges and railing) and other features of interest that contribute to the special character and enliven the streetscape.
  • Retain any surviving kerbing/paving and items of street furniture that contributes to the character of the ACA.
  • Restoration of original materials or features that have been lost or replaced will be supported and encouraged. Documentary evidence or surviving examples should be used to direct the design of these.

Alterations and New Build

  • Development proposals for new build need to follow a sensitive design approach that respects the established character of the ACA in terms of the scale, massing, bulk, plot sizes, proportions and materials of the adjoining buildings to the development site. Direction can be taken from traditional forms and dimensions that are then expressed in a contemporary manner or with contemporary elements rather than an exact copy of a historic building style. Where a totally contemporary design approach is taken the detailing, materials and overall design must be carefully handled and of a high quality to ensure the proposal does not compromise the integrity and character of the area.
  • Demolition of structures that positively contribute to the streetscape character will not normally be permitted.
  • Retaining the legibility of the historic urban grain of a streetscape or townscape is important and so where a development seeks to amalgamate a number of different building plots the design treatment consider articulating the original plot divisions in the volume of the new building. Where it is proposed to connect existing buildings internally frontages should maintain an active function and alterations to the historic fabric should be kept to a minimum.
  • Extensions to buildings in ACAs that are visible from public places should be of a scale and proportion that respects that of the original building. In general extensions should be subservient in size with materials, finishes and roof profiles that complement the principle structure.
  • Alterations or modifications of existing facades, openings, finishes, roofscapes, etc. should not detrimentally impact on the character of the ACA or cause damage to the building

    • Removal of the original weathering coat of a building of its render or plaster finish to expose the underlying stone is unacceptable
    • Where a building has a unpainted render or plaster finish this should not be painted over
    • Insertion of dormers or roof lights should be on hidden pitches and in general should not be placed on the front roof slope
    • Enlargement of window or door openings can change the prevailing proportions of the building or streetscape and so original dimensions should normally be retained

  • Signage in an ACA should be minimal, discrete and sensitively designed so as not to negatively impact on the special character of the area. All other external commercial elements or fittings such as canopies, lighting and menu boards should be kept to an absolute minimum.

Public Realm Works

  • Elements of existing street furniture such as original kerbing, paving, setts, post-boxes, railings, bollards etc. should be identified and retained
  • Any new street furniture (such as bins, lighting, signage-poles etc.) shall be of a high quality and consistent design with consideration given to their siting and location. Street furniture should be kept to a minimum and any redundant modern street furniture removed.
  • In instances where the Council does not have direct control over street furniture, it will engage with the relevant agency/agencies, where possible, to encourage them to comply with the Architectural Conservation Area policies.
  • Works to improve the public realm such as new surfaces, dished pavements, traffic control measures including signage and ramps shall respect and enhance the essential character of the ACA.
Documentation to accompany Planning Applications within ACAs

The Planning Regulations indicate that planning applications for the carrying out of works to the exterior of structure within an ACA should be accompanied by photographs, plans and other particulars as are necessary to demonstrate how the proposal would affect the character of the structure. It is therefore recommended that pre-planning consultation takes place with the Conservation Officer prior to the submission of a planning application to determine the detail of information required as this will be dependent on the significance of the structure and the extent and nature of the works proposed.



Objective DMS157

Ensure that any new development or alteration of a building within or adjoining an ACA positively enhances the character of the area and is appropriate in terms of the proposed design, including: scale, mass, height, proportions, density, layout, materials, plot ratio, and building lines.



Objective DMS158

All planning applications for works in an Architectural Conservation Area shall have regard to the information outlined in Table 12.11.

Designed Landscapes - Historic Gardens, Demesnes & Country Estates

There has been substantial pressure in recent years on former country estates or historic demesnes for development, frequently drawn up without a proper appraisal of the impact on the designed landscape or a determination of the carrying capacity of the lands. The proposals can be in the form of a one-off extensive redevelopment of the historic demesne or a series of smaller schemes. With the latter the cumulative impact of each additional element needs to be considered as when combined can result in an incremental but significant transformation of the landscape.

  • Development should be sensitive of the relationship between the principal residence and its adjoining lands and should not sever this.
  • The sub-division of demesnes into different land parcels should be avoided.
  • Care needs to be taken that significant views or vistas looking out of the designed landscape or into it are not encroached upon by development outside of its boundaries.

Generally the principal residence within a demesne or designed landscape is a Protected Structure, and often some of the buildings serving it are also protected. It should be noted that many of the larger demesnes in Fingal have been designated as Architectural Conservation Areas. Designed landscapes also provide habitats for many species of flora and fauna and the implications of any proposal for the natural heritage need to be carefully considered.



Objective DMS159

A Designed Landscape Appraisal should accompany any development proposal for an historic demesnes and/or designed landscape, to include:

  • Identification and description of the original development, history, structures, features and boundaries of the designed landscape



Objective DMS159 contd.

  • Ecological assessment, including identification of any protected habitats or species
  • Evaluation of the significance of the historical landscape
  • Determination of the carrying capacity of the lands which should not be exceeded, to be agreed with the Council
  • Assessment of the development proposal and its impact on the designed landscape
  • Recommendations for mitigation and management of the built and natural heritage

Historic Buildings Stock & Vernacular Heritage

The retention and reuse of the historic building stock that contributes to the distinctive character of the rural or urban areas of Fingal is supported and encourage by the Council. These buildings tend to have been constructed using traditional methodologies and materials such as lime, stone, mud, thatch, slate and timber. These materials allowed for moisture to be absorbed and released easily, for the building to “breathe” and so the ventilation of internal spaces performs an important function. Interventions that may be appropriate for modern construction practices, such as impermeable building products or air-tight spaces, could have unintended harmful consequences for the historic building stock.



Objective DMS160

Where development is being proposed for a site that contains historic buildings and/or structures that contribute to the distinctive character of the rural or urban areas of Fingal have regard to the following:

  • An assessment of the existing buildings on the site should be carried out through an analysis of historic maps and an appraisal of the historic fabric and features. Development proposals should seek to retain and incorporate existing buildings of merit and any elements that contribute to its distinctive character
  • Appropriate materials and methods are to be used to carry out repairs to the historic fabric
  • Any proposed changes need to be sympathetic to the special features and character of the existing building by respecting the existing setting, form, scale and materials
  • Proposals for extensions to historic or vernacular buildings should not erode the setting and design qualities of the original structure which make it attractive and should be in proportion or subservient to the existing building.
  • Direction for the design should be taken from the historic building stock of the area but can be expressed in a contemporary architectural language.
  • Original building features or materials should be retained including windows, doors, roof coverings, boundary treatments and site features (such as stone walls, hedges, railing, gates, gate piers, cobbles and courtyards)
  • Where a proposal seeks to redevelop a derelict property or one that has been unoccupied for a long period of time than in addition to the above
  • Substantial standing remains should still exist which are structurally capable of sustaining redevelopment. A written report from a suitably qualified professional should accompany any application outlining that the proposal will not structurally compromise the building and outline the measures to be taken to protect the building from collapse prior to and during construction works

Signage

Protected Structures and In ACA’s

Advertisements and signage on Protected Structures or on the exteriors of structures within an Architectural Conservation Areas (ACAs) require planning permission (apart from very limited circumstances).

Table 12.12 - Guidance for Signage on Protected Structures or within ACAs



  • Amount of Existing Signage - The insertion of external elements on a Protected Structure or to commercial premises within an ACA can incrementally damage the special character of the area by creating visual clutter and are only acceptable to a limited degree. Proposals for signage need to take into account the amount of existing signage and other external elements such as lighting, canopies, awnings, display boards, opening times, name plaques, etc. that may already exist on the structure. In some cases it may be necessary to rationalise or remove existing signage or external elements in order to accommodate any new features.
  • Design of Signage - New or replacement signage should be minimal, discreet and sensitively designed. It should complement the character of the building to which it will be attached. Details of the fixing methods need to be carefully considered to avoid damaging decorative details, stonework or brickwork. In certain circumstances historic signage should be retained even where the business has changed hands or use. This may be due to the fact that it is an integral part of the building’s design, is associated with significant person or event, is characteristic of a specific period, is an outstanding example of a signmaker’s art, or is a local landmark. However there are ways for the new business to adapt, modify, cover or relocate such signage in order to advertise their own services. Consultation should take place with the Conservation Officer in such cases.
  • Positioning of Signage - Signage should normally be limited to ground floor level i.e. below the window sills on the first floor. For businesses at first level and above or basement level signage should be located at their entrance point and not on external walls at upper or basement level.
  • Fascia - The fascia panel or board carries the name of the shop over the shop window. Internally illuminated or animated signage, plastic fascia boxes, metal or plastic boards are not appropriate on Protected Structures or in ACAs. Handpainted lettering on timber fascia boards or individually mounted lettering is generally preferred. Fascias should not be visually dominant and should normally be 600mm high. Script style and scale should complement the period of the building and the scale of space available. Fascias should not extend uninterrupted across a number of buildings.
  • Projecting Signs - Projecting or hanging signs can create visual clutter on external elevations which detracts from the special character of the area or building. Where fascia signage or lettering exists over the commercial unit this should be sufficient and therefore projecting signs would be unnecessary and should be omitted. Where they are permitted there should never be more than one on an elevation and they should not be used to advertise a product. Some trades do have a tradition of using projecting signs such as pharmacies, pawn brokers and barbers but these were often emblems or symbols associated with the trade e.g. green cross, three balls or red and white striped pole. Therefore the use of symbols associated with a particular use is preferred for projecting signs where they are allowed and subject to high quality materials and design being used, they should not be animated or illuminated.
  • Lighting of Signage - The need for specific lighting of commercial signage should be carefully assessed as sufficient street lighting may exist already to light the premises and so the illumination of signage should be omitted where possible. Where lighting schemes are necessary they should be subtle and discreet. Floodlighting, neon lighting and horizontal strip lighting is to be avoided. Lighting of the entire building should not be permitted.
  • Corporate Signage - Standard corporate signage and logos which would detract from the character of the ACA should be adapted in scale, colour, materials and design.
  • Banners & Flags - The installation of permanent flagpoles, flags and banners on the exterior of Protected Structures or structures within an ACA are not considered acceptable. Temporary flags and banners may be permitted for a specific events of a limited and stated duration such as a sporting event, visit by dignitary or charity fundraiser etc.
  • Canopies, Blinds & Awnings - The necessity of canopies or awnings needs to be carefully assessed. Where they are permitted, their design needs to carefully considered. The preferred material is heavy-duty cotton with painted metal or timber hardware. They should be open-ended and the blind box recessed. Plastic is not an acceptable material. The advertisement of products on canopies or awnings is not permitted within an ACA or on a Protected Structure. Canopies and awnings should not be permitted on upper floors but should be restricted (where deemed acceptable) to ground floor only.
  • Signage or Advertisements on Windows and Shutters - Care needs to be taken regarding the proliferation of signage on a premises and so signage onto windows and/or security shutters need to be controlled.
  • Rotation Signs - In general these are large signs and are not an acceptable form of signage within an ACA or on a Protected Structure.
  • Totem or Monolith Signs - These types of signs have traditionally been associated with the display of pricing for fuel at petrol stations but have also been used by some supermarkets or as signage for a collection of businesses within one premises/retail centre. In general due to the size of this type of signage it is not acceptable within an ACA or within the curtilage of a Protected Structure.
  • Billboards - These are very large signs generally placed on the side or gable of buildings. The insertion of a new billboard within an ACA or onto a Protected Structure should not be permitted and where they already exist there removal should be encouraged.
  • Gable Signage - The insertion of any form of signage on a gable should be discouraged and signage limited to the entrance area of the premises or the shop front area
  • Roller Shutters/Security Grilles - The provision of roller shutters or security grilles on the exterior of a building is not appropriate on either new or existing commercial units but should be positioned internally behind the window display. The design of the shutter or grille should be transparent open chain-link grille rather than solid or perforated shutters and should not cover the entire commercial frontage but only be located on the relevant openings. Where a building has internal timber shutters these can be used for security purposes instead of any new insertions.



Objective DMS161

All planning applications for signage on a Protected Structure or within an Architectural Conservation Area shall have regard to the guidelines outlined in Table 12.12.

12.12 Natural Heritage

Biodiversity

Ireland is a signatory to the worldwide Convention on Biological Diversity (CBD) and the Government is committed through this process to conserve and sustainably use biodiversity. Biodiversity policy is set out in the National Biodiversity Plan (NBP) which identifies habitat degradation and loss as the main factor eroding biodiversity in Ireland today. Among other things, the NBP calls on local authorities to prepare and implement local biodiversity plans to provide for the conservation and sustainable use of biodiversity at local level.



Objective DMS162

Ensure all development proposals include measures to protect and enhance biodiversity.

Biodiversity Conservation in Fingal

Core Biodiversity Conservation Areas

The most important nature conservation sites make up the core biodiversity conservation areas. These include internationally and nationally designated sites hosting habitats listed in Annex I of the Habitats Directive and sites hosting rare and protected species and their habitats.



Objective DMS163

Ensure Screening for Appropriate Assessment and, where required, full Appropriate Assessment is carried out for all plans and projects in the County which, individually, or in combination with other plans and projects, are likely to have a significant direct or indirect impact on any European site or sites.



Objective DMS164

Ensure that sufficient information is provided as part of development proposals to enable Screening for Appropriate Assessment to be undertaken and to enable a fully informed assessment of impacts on biodiversity to be made.



Objective DMS165

Ensure that Natura Impact Statements and any other ecological impact assessments submitted in support of proposals for development are carried out by appropriately qualified professionals and that any necessary survey work takes place in an appropriate season.



Objective DMS166

Ensure planning applications for proposed developments likely to have significant direct or indirect impacts on any European Site or sites are accompanied by a Natura Impact Statement prepared in accordance with the Guidance issued by the Department of the Environment, Heritage and Local Government (Appropriate Assessment of Plans and Projects in Ireland – Guidance for Planning Authorities, 2009).



Objective DMS167

Ensure ecological impact assessment is carried out for any proposed development likely to have a significant impact on proposed Natural Heritage Areas (pNHAs), Natural Heritage Areas (NHAs), Statutory Nature Reserves, Refuges for Fauna, Habitat Directive Annex I sites and Annex II species contained therein, or rare and threatened species including those species protected by law and their habitats. Ensure appropriate avoidance and mitigation measures are incorporated into development proposals as part of any ecological impact assessment.



Objective DMS168

Ensure that proposals for developments involving works to upstanding archaeological sites and features or works to the historic building stock include an assessment of the presence of bats in any such sites or structures and, where appropriate, ensure that suitable avoidance and/ or mitigation measures are proposed to protect bats in consultation with the National Parks and Wildlife Service.

Nature Development Areas

The Council has identified a number of areas and land-uses in the County with potential for biodiversity enhancement (see Green Infrastructure maps). These include:

  • Farmland Areas
  • Demesnes
  • Golf courses
  • Parkland
  • Quarries
  • Waterbodies
  • Areas suitable for new woodland or forestry

These areas are referred to as ‘nature development areas’.



Objective DMS169

Implement planning guidelines for nature development areas and corridors as outlined in the Fingal Biodiversity Action Plan.

Ecological Corridors and Stepping Stones Including Trees and Hedgerows

Ecological corridors are linear landscape features such as rivers, hedgerows and road verges that enhance the movement of wildlife through the landscape.



Objective DMS170

Protect and enhance the ecological corridors along the following rivers in the County by ensuring that no development takes place, outside urban centres, within a minimum distance of 30m from each riverbank: Liffey, Tolka, Pinkeen, Mayne, Sluice, Ward, Broadmeadow, Ballyboghil, Corduff, Matt and Delvin (see Green Infrastructure maps).



Objective DMS171

Ensure that no development, including clearance and storage of materials, takes place within 10m – 15m as a minimum, measured from each bank of any river, stream or watercourse in the County.



Objective DMS172

Require that development along rivers set aside land for pedestrian routes that could be linked to the broader area and any established settlements in their vicinity, subject to ecological impact assessment and Screening for Appropriate Assessment as appropriate.

Geology

The Geological Survey of Ireland (GSI) has identified 21 County Geological Sites in Fingal which are important geological heritage sites.



Objective DMS173

Consult with the Geological Survey of Ireland when considering undertaking, approving or authorising developments which are likely to affect County Geological Sites.

New Development in Coastal Areas

Coastal development must take account of the changing and dynamic nature of the coast and the need for coastal protection. As a general principle, development in coastal areas should be accommodated wherever possible in previously developed areas before consideration is given to development in greenfield sites.

In all cases proposals for coastal development must consider the need for coastal defence. Development will only be permitted where the Council is satisfied that the development will not add to the requirement, if any, for any coastal defence works in the area over the lifetime of the development.



Objective DMS174

Prohibit new development outside urban areas within the areas indicated on Green Infrastructure maps, which are within 100m of coastline at risk from coastal erosion, unless it can be objectively established based on the best scientific information available at the time of the application, that the likelihood of erosion at a specific location is minimal taking into account, inter alia, any impacts of the proposed development on erosion or deposition and the predicted impacts of climate change on the coastline.



Objective DMS175

Prohibit development within areas liable to coastal flooding other than in accordance with The Planning System and Flood Risk Management – Guidelines for Planning Authorities 2009 issued by the Department of the Environment, Heritage and Local Government and the Office of Public Works.

12.13 Extractive Industry



Objective DMS176

Proposals for such development shall have regard to the following:

  • Section 261 and Section 261A of the Planning and Development Acts 2000 to 2015.
  • The Department of the Environment, Heritage and Local Government Quarries and Ancillary Activities Guidelines 2004.
  • The EPA Guidelines for Environmental Management in the Extractive Industry 2006.
  • Where extractive developments may impact on archaeological or architectural heritage, regard shall be had to the DoEHLG Architectural Conservation Guidelines 2004 and the Archaeological Code of Practice 2002 in the assessment of planning applications and the requirements of this Development Plan.
  • Where extractive development may significantly affect the environment or a European site or sites, regard shall be had to EIA guidelines and Appropriate Assessment of Plans and Projects, Guidance for Planning Authorities, DEHLG, 2009 and the requirements of this Development Plan.
  • Reference should also be made to the Geological Heritage Guidelines for the Extractive Industry 2008.
  • The visual impact of the development, a detailed landscape and visual assessment shall be submitted.
  • A scheme of rehabilitation and after care for the site upon abandonment / exhaustion of resource shall be submitted. Details to be submitted should include a report with plans and section drawings, detailing the following:
    • Anticipated finished landform and surface/landscape treatments (both of each phase and the whole excavation),
    • Quality and condition of topsoil and overburden,
    • Rehabilitation works proposed,
    • Type and location of any vegetation proposed,
    • Proposed method of funding and delivery of restoration/reinstatement works etc.

In addition a bond will be required to ensure the adequate restoration of the site. This bond shall be index linked.

12.14 Contaminated Land

Due to a mixture of historic landfills and land reclamation, there are a number of locations in the County where contaminated land arises. Any contaminated land will require appropriate remediation prior to re-development, including, in some instances, removal of material from a site which may require a licence under the Waste Management Act 1996, prior to the undertaking of such works.

In all cases involving contaminated land, it is the policy of Fingal County Council to require the highest standards of remediation and where appropriate to consult with the Environmental Protection Agency and other relevant bodies to resolve the environmental pollution created by contaminated land.

Decontamination activities should ensure there is no off-site migration of contaminants via run-off, soils or groundwater and the area is available for use. It is noted both Balleally and Dunsink landfills are being developed as Regional Parks.

12.15 Agricultural Development

Agricultural developments have the potential for immense impact on the environment and landscape. The traditional form of agricultural buildings is disappearing with the onset of advanced construction methods and wider range of materials. Some new farm buildings have the appearance of industrial buildings and due to their scale and mass can have serious visual impacts.



Objective DMS177

In the construction and layout of agricultural buildings, the Council requires that buildings be sited as unobtrusively as possible and that the finishes and colours used, blend the development into its surroundings.

The Council accepts the need for agricultural buildings and associated works (walls, fences, gates, entrances, yards etc.) to be functional, but they will be required to be sympathetic to their surroundings in scale, materials and finishes. Buildings should relate to the landscape and not the skyscape. Traditionally this was achieved by having the roof darker than the walls.



Objective DMS178

Appropriate roof colours are dark grey, dark reddish brown or a very dark green. Where cladding is used on the exterior of farm buildings, dark colours (preferably dark green, red or grey) with matt finishes will normally be required.

The grouping of agricultural buildings is encouraged in order to reduce their overall impact in the interests of amenity.



Objective DMS179

Consider traffic safety, pollution control, and the satisfactory treatment of effluents, smells and noise in the assessment of agricultural development. Proper provision for disposal of liquid and solid wastes shall be made. In addition, the size and form of buildings and the extent to which they can be integrated into the landscape, will be factors which will govern the acceptability or otherwise of such development.

12.16 Major Accidents – Seveso Sites

The EU Directive (96/82 EC) on the control of major accident hazards, commonly referred to as the SEVESO II Directive, was adopted on February 3rd 1999. It was introduced into Irish Law through the EC (Control of Major Accident Hazards Involving Dangerous Substances) Regulations 2000 (S.I. No. 476 of 2000), on December 21st 2000.

The Directive aims to prevent major accident hazards involving dangerous substances and chemicals and the limitation of their consequences for people and the environment. These objectives must be pursued through controls on the following:

  • The siting of new establishments
  • Modifications to existing establishments
  • Development in the vicinity of an establishment which, by virtue of its type or siting, is likely to increase the risk or consequences of a major accident.

The Health & Safety Authority provides advice to planning authorities, where appropriate, in respect of planning applications for development within a certain distance of the perimeter of these sites. The document, entitled ‘Policy & Approach of the Health & Safety Authority to COMAH Risk-based Land-use Planning’, sets out the policy of the Authority on the Landuse Planning requirements of the European ‘Seveso’ Directive on the control of major accident hazards.

Directive 2012/18/EU was adopted taking into account, amongst other factors, the changes in EU legislation on the classification of chemicals and increased rights for citizens to access information and justice. This Directive is known for convenience as the SEVESO III Directive. Directive 2012/18/EU was transposed into Irish legislation through S.I. No. 209 of 2015 Chemicals Act (Control of Major Accident Hazards Involving Dangerous Substances) Regulations 2015.

S.I. No. 209 of 2015 came into effect on June 1st 2015.

For clarity, the SEVESO III Directive replaced the SEVESO II Directive (96/82/EC). One of the requirements of S.I. No. 209 of 2015 is that the Health and Safety Authority shall advise the relevant planning authority of a consultation distance for a SEVESO III establishment, following the receipt of a notification from the operator, and shall periodically review and update the consultation distance as necessary.

The Directive provides that appropriate consultation distances must be put in place so as to ensure that before decisions are taken, technical advice is available to planning authorities in respect of relevant establishments. The Health and Safety Authority provides such advice, where appropriate, in respect of planning applications within a certain distance of the perimeter of these sites.

The table below contains the list of SEVESO III sites within the Fingal County Council area

The sites are shown on the relevant zoning maps.

TABLE 12.13: LIST OF SEVESO SITES IN FINGAL





Establishment

Tier

Consultation Distance

Barclay Chemicals Manufacturing Ltd, T/A Barclay Corp Protection, Damastown Industrial Park, Mulhuddart, Dublin 15

Upper Tier

 

Chemco (Ire) Ltd. T/A Macetown North, Damastown Industrial Estate, Mulhuddart, Dublin 15h

Upper Tier

700m

Contract & General Warehousing Ltd. Westpoint Business Park, Navan Rd. Mulhuddart

Upper Tier

700m

Mallinckrodt Medical Imaging-Ireland T/A Convidien Damastown, Mulhuddart

Upper Tier

1,000m

Astellas Ireland Co., Ltd., Damastown, Mulhuddart

Lower Tier

1,000m

Clarochem Ireland Ltd., (formally Helsinn), Damastown, Mulhuddart

Lower Tier

1,000m

Gensys Power Ltd., T/A Huntstown Power Station, Huntstown Quarry, Finglas, D11

Lower Tier

300m

Swords Laboratories, Watery Lane, Swords

Lower Tier

1,000

Swords laboratories T/A Bristol Myers Squibb, Cruiserath Rd. Mulhuddart D15

Lower Tier

1,000m

(Source HSA September 2015)



Objective DMS180

Have regard to the provision of the ‘Major Accident Directive’ (Seveso II) (European Council Directive 96/82/EC as amended by Directive 105/2003/EC) and impose restrictions in consultation with the HSA, on developments abutting or within proximity of a Seveso site. The extent of restrictions on development will be dependent on the type of risk present and the quantity and form of the dangerous substance present or likely to be present.



Objective DMS181

Permit new Seveso development only in low risk locations away from vulnerable residential, retail and commercial development.



Objective DMS182

Prohibit new extensions to long-established Seveso sites where they are a non-conforming use and where they pose an unacceptable accident risk to the public.



Objective DMS183

In areas where Seveso sites exist in appropriate locations with low population densities, ensure that proposed uses in adjacent sites do not compromise the potential for expansion of the existing Seveso use and in particular the exclusion of developments with the potential to attract large numbers of the public.



Objective DMS184

Attach to any grant of permission for new warehouses or similar industrial buildings, a condition to exclude use/storage of SEVESO substances (or require a separate planning permission for it).



Objective DMS185

Have regard to the advice of the Health and Safety Authority when proposals for new Seveso sites are considered and for all planning applications within the consultation distances stated in Table 12.13.



Objective DMS186

Require developers to submit a detailed consequence and risk assessment with all Environmental Impact Statements and/or legislative licence applications for all Seveso sites.

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