Chapter 14: Development Management Standards

Dúntadate_range24 Fea, 2022, 9:00am - 12 Bea, 2022, 11:59pm

14.1  Introduction

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

14.1.1  Pre-Planning

Section 247 of the Planning and Development Act, 2000 (as amended) provides a formal procedure for applicants to seek pre-planning guidance from the Planning Authority in relation to their proposed development. The Planning Authority provides pre-application consultations where requested and actively encourages such consultations prior to the lodging of a planning application.

14.1.2   Enforcement

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

14.2  Key Principles for all Planning Applications

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

14.2.1   Universal Access

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

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

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

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


14.2.2  Healthy Placemaking

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

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

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

14.2.3  Sustainable Design and Climate Action

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

Layout and building design must conform to the highest possible standards of energy efficiency. Buildings shall be designed to minimise resource consumption, reducing waste, water and energy use. Design shall optimise natural ventilation and minimise glare and excess solar gain, avoiding large areas of glazing and providing an appropriate balance between solid and void elements.

Energy-saving and energy generating technologies, such as roof top solar panels and geothermal energy, shall be incorporated at the design stage where possible. Sustainably sourced materials and existing re-used/recycled materials shall also be used where possible. Measures which will allow occupants to adapt to the impacts of climate change are promoted within developments and include natural ventilation, summer shading, openable windows, the incorporation of living roofs and walls, planting and trees, as well as the inclusion of sustainable urban drainage systems (SuDS) and permeable surfaces in adjoining spaces. Measures to mitigate and adapt to the impacts of climate change shall be appropriate to the special and architectural character of an area.

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

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

14.2.4  Safety and Security

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

14.3  Assessments Required for Particular Projects

14.3.1   Environmental Impact Assessment

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

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

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

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

14.3.2  Screening for Appropriate Assessment

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

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

Other Assessments which may be deemed necessary for Planning Proposals:

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

Objective DMSO1 Screening for Appropriate Assessment

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

Objective DMSO2 Screening for Environmental Impact Assessment

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

Objective DMSO3 Local Authority Development

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

 

14.4  Sustainable Placemaking and Quality Homes

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

14.4.1  Healthy Placemaking: Design Criteria

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

Objective DMSO4 Key Principles to consider in the achievement of Healthy Placemaking

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

14.4.2   High Quality Urban Design

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

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

Objective DMSO5  Design Statement

All medium to large scale planning applications (in excess of 5 residential units or 300 sq m of retail/commercial/office development in urban areas) or as otherwise required by the Planning Authority shall be accompanied by a Design Statement to address the contextual and design issues which have been taken into consideration as part of the scheme.

A Design Statement shall:

  • Explain the design principles and design concept of the scheme.
  • Demonstrate how the twelve urban design criteria (as per the 'Urban Design Manual-A Best Practice Guide’) have been considered when designing schemes in urban areas. Each of the twelve criteria is of equal importance and must be considered in an integrated manner.
  • Outline how the development meets the Development Plan Objectives, and the objectives of any Local Area Plan, Masterplan, Framework Plan or other similar Plan affecting the site.
  • Include photographs of the site and its surroundings.
  • Include other illustrations such as photomontages, perspectives, sketches.
  • Outline detailed proposals for open space and ensure the provision of open space is designed in from the beginning when designing a new scheme.
  • Outline a detailed high quality open space and landscape design plan including specifications, prepared by suitably qualified professionals.
  • Outline how Green Infrastructure integrates into the scheme.
  • Demonstrate how the proposed scheme contributes in a positive manner to the public realm and to the local context.
  • Provide detail in relation to all intended finishing materials to be applied throughout the scheme, including an overall materials palette demonstrating suitability for the scheme, its context and the streetscape.


14.4.3   Ensuring Accessibility for All

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

14.4.5  Town and Village Centres

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

Objective DMSO6 Change of Use in Urban and Village Centres

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

14.4.6  Shopfront Design

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

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

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

Table 14.1 Shopfront Design Guidance

Shopfront Design Guidance

All shopfront design, whether it be modern or traditional, should consider the streetscape, the building itself and the design detail of the shop unit.

The Streetscape

It is important to be aware of the street’s character and to consider the effect the design might have on the streetscape. Shopfronts should reflect the historic urban grain, building widths and contribute to good design and traditional character of the town or village.

The Building

The effect the shopfront will have on the building itself should also be considered as well as the adjoining buildings and shopfronts. Good shopfront design should be sensitive to the character of the building, particularly where it is within an Architectural Conservation Area, and should maintain its traditional frontage. It is important to maintain a vertical emphasis and have a relationship with the first floor opes/window alignments and proportions. Sizing and colour of signage/fascia relative to the wall of the shop is also important.
The design details of the shopfront are of high importance. Ornaments, windows, door details and associated colours provide visual interest and should be maintained. The colour of the shopfront should be carefully considered and should enhance the building as well as the streetscape.
Applications incorporating new or refurbishment of existing shop fronts shall demonstrate compliance with the Shopfront Check list below.

Table 14.2 Shopfront Design Checklist

Shopfront Check List

Where formal clarification is required as to whether certain works require permission, a Section 5 Exemption Certificate under the Planning and Development Act 2000 (as amended) can be sought or, in the case of a Protected Structure, a Section 57 Declaration.

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

 

Objective DMSO7    Guidance for Shopfront Design
Produce guidance for quality shopfront designs for designated locations throughout the County.

Objective DMSO8   Contemporary Shopfront Design

Ensure new shopfront designs respect the character and architectural heritage of the existing streetscape. Encourage, where appropriate, the use of contemporary shop front design ensuring the design, materials and proportion of the shopfront are appropriate and respect the scale and fabric of the building and / or street of which they form part..

Objective DMSO9   Prevent the Use of Film / Screening in Shopfront Windows

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

Objective DMS010   Corporate Logos, Lighting, Design and Colour
Ensure that corporate logos, lighting, designs and colours are not used at the expense of the streetscape.

Objective DMSO11   Placement of Security Shutters

Require that security shutters on new shopfronts are placed behind the window glazing and are transparent and encourage the use of transparent security shutters in all existing shopfronts having regard to a history of vandalism.


14.4.7  Other Signage

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

Objective DMSO12   Evaluation of Signage Proposals

Evaluate signage proposals in relation to the surroundings and features of the buildings and structures on which signs are to be displayed, the number and size of signs in the area (both existing and proposed) and the potential for the creation of undesirable visual clutter.

Objective DMSO13 Use of Irish and English Language in new Signage

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

Objective DMSO14   Energy Reduction Measures in Advertising Structures

Demonstrate energy reduction measures in new and replacement advertising structures.

Objective DMSO15   Billboard and Large Advertising Structures

Resist new billboard and other large advertising structures and displays.

Objective DMSO16   Unauthorised Advertisements and Signage

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

14.4.8  Street Furniture

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


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

14.4.9  Building Lines

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

14.4.10  Utility Facilities

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

Objective DMSO17 Location of New Utility Structures

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

Objective DMSO18   High Quality Design of New Utility Structures

Require new utility structures such as electricity substations and telecommunication equipment cabinets to be of a high-quality design and to be maintained to a high standard by the relevant service provider.


14.5  Consolidation of the Built Form: Design Parameters

14.5.1  Achieving Consolidation

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

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

Table 14.3 Brownfield Opportunities and Regeneration

Brownfield Opportunities and Regeneration

The Planning Authority will seek to ensure that the following parameters are incorporated into proposals for the redevelopment of brownfield sites, regeneration sites and areas of renewal to ensure consolidated development in Fingal’s town and village settlements.

  • Encourage development which provides for a quality design aesthetic which respects and enhances its context and integrates with its surroundings.
  • Development proposals shall respect the architectural character of their surroundings and contribute to the enhancement of the public realm.
  • Proposed developments shall consider the height, massing and urban grain of adjacent properties and employ similar or complementary architectural language to its context.
  • Promote the use of appropriate residential densities.
  • Utilise appropriate external finishing materials in façade treatments, shop front design and lighting installations.
  • Ensure the use of high-quality materials in all hard and soft landscaping, preserving existing site features and incorporating into the proposed schemes where appropriate.
  • Promote active street frontage in all developments.
  • Encourage universal access.
  • Provide an appropriate mix of uses including retail, residential, recreational, cultural, and community to improve, enhance and extend the range of uses and facilities in an area.
  • Where possible and where of an appropriate scale, prioritise pedestrian and cycle permeability and connectivity through the site.
  • Promote lifetime adaptable homes.
  • Encourage utilisation of brownfield sites within the built-up footprint of existing settlements.
Table 14.4 Infill Development

Infill Development

Infill Development presents unique opportunities to provide bespoke architectural solutions to gap sites and plays a key role in achieving sustainable consolidation and enhancing public realms.

Proposals for infill development will be required at a minimum to:

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

14.5.2  Building Density

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

14.5.3  Building Heights

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

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

SPPR1

Support increased building height and density in locations with good public transport accessibility, particularly town/ city cores. Increased building height will be actively pursued for both redevelopment, regeneration and infill development to secure the objectives of the National Planning Framework and Regional Spatial and Economic Strategies and shall not provide for blanket numerical limitations on building height

SPPR2

Ensure appropriate mixtures of uses, such as housing and commercial or employment development, are provided for in statutory plan policy. Mechanisms such as block delivery sequencing could be utilised to link the provision of new office, commercial, appropriate retail provision and residential accommodation.

SPPR3

Where a development proposal complies with Guidance criteria and the assessment of the planning authority concurs, the planning authority may approve such development, even where specific objectives of the relevant development plan or local area plan may indicate otherwise, taking account of the wider strategic and national policy parameters set out in the National Planning Framework. Undertake a review of the existing planning schemes to ensure that the Building Heights criteria are fully reflected in the scheme.

SPPR4

Secure minimum densities on greenfield or edge of city/town locations for housing purposes as required under Sustainable Residential Development in Urban Areas (2007), ensure a greater mix of building heights and typologies in planning for the future development of suburban locations; and avoid mono-type building typologies (e.g. two storey or own-door houses only), particularly, but not exclusively so in any one development of 100 units or more.

 

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

14.5.4   Living Over the Shop

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

14.6  Design Criteria for Residential Development in Fingal

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

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

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

14.6.1  Design and Layout

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

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

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

14.6.2  Mix of Dwellings

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

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

14.6.3   Residential Density

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

14.6.4  Residential Standards

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

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

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

Objective DMSO19 New Residential Development 

Require that applications for residential developments comply with all design and floor area requirements set out in:

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

Objective DMSO20   Schedule of Accommodation

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

Objective DMSO21   Floor Plans for Residential Development

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

14.6.5  Open Space Serving Residential Development

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

Table 14.6: Open Space Categories Open Space

Category

Description

Private Open Space

Private open space is designed to serve individual residential units and its scale is dependent on the nature and scale of the residential unit in question. Such space will generally take the form of balconies and/or private gardens.

Maintenace is the responsibility of the resident.

Communal Open Space

Communal open space is open space which is designated for the use of a designated set of residents within a development and is generally maintained by a Management Company. This type of open space is typical of apartment type residential developments but may also form part of some housing schemes. Access may be restricted to specific residents for their exclusive semi-private use.

Public Open Space

Public open space is accessible to the public at large and in general is intended to be ‘taken-in charge’ by the Local Authority. Appropriate provision must be made for public open space within all new developments. In all instances where public open space is not provided a contribution under Section 48 will be required for the short fall.

 

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

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

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

14.6.6  External Factors for Consideration

14.6.6.1  Daylight and Sunlight

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

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

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

14.6.6.2  Wind Assessment

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

Objective DMSO22 – Daylight and Sunlight Analysis

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

14.6.6.3  Separation Distances

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

Objective DMSO23   Separation Distance

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

14.6.6.4  Overlooking and Overbearance

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

14.6.6.5  Amendments to Approved Residential Developments

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

14.7  Apartment Development/Standards

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

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

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

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

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

Objective DMSO24 – Apartment Development

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


14.7.1  Apartment- Unit Size and Mix

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

Table 14.7 Minimum Requirements for Apartments

Unit Type

Size (sq.m.)

Private Open Space Required (sq.m.)

Communal Open Space required (sq.m.)

Storage Space required (sq.m.)

Studio (1 person)

37

4

4

3

One Bedroom (2 person)

45

5

5

3

Two Bedroom (3 person)

63

6

6

5

Two bedroom (4 person)

73

7

7

6

Three bedroom (5 person)

90

9

9

9

14.7.2  Floor to Ceiling Heights

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

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

14.7.3  Internal Storage

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

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

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

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

14.7.4  Dual Aspect

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

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

In line with SPPR 4 of the Apartment Guidelines:

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

14.7.5  Lift and Stair Cores

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

14.7.6  Private Open Space

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

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

14.7.8 Communal Amenity Space

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

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

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

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

14.7.9  Public Open Space

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

14.7.10  Communal Facilities

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

14.7.11  Building Lifecycle report and Management Companies

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

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

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

14.7.12  Security and Surveillance

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

14.7.13  Refuse Storage

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

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

14.7.14  Build to Rent

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

Objective DMSO25 Applications for Build to Rent Schemes

Applications for BTR schemes shall be required to demonstrate that there is not an over-concentration of Build to Rent Accommodation within an area, including a map showing all such facilities within 1km of a proposal. Such housing will be controlled in the interest of providing a mix of tenure and unit types. In assessing the matter of overconcentration, the Planning Authority will have regard to factors such as:

  • The number and scale of other permitted BTR development in the vicinity (1km) of the site,
  • The household tenure and housing type of existing housing stock in the approximate vicinity (1km) of the site and
  • The proximity of the proposal to high-capacity public transport stops and interchange (such as DART, MetroLink, Luas+ and BusConnects).


14.7.15  Shared Accommodation

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


14.8  Houses Development/Standards

14.8.1  Floor Areas

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

14.8.2  Separation Distances

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

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

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

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

Objective DMSO26  Separation Distance between Side Walls of Units

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


  14.8.3  Private Open Space

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

Table 14.8 Private Open Space for Houses

House type

Minimum open space

3 bedrooms or less

60 sq.m.

4 or more bedrooms

75 sq.m.

Objective DMSO27   Minimum Private Open Space Provision

Ensure a minimum open space provision for dwelling houses (exclusive of car parking area) as follows:

  • 3 bedroom houses or less to have a minimum of 60 sq. m. of private open space located behind the front building line of the house.
  • Houses with 4 or more bedrooms to have a minimum of 75 sq. m. of private open space located behind the front building line of the house.

Narrow strips of open space to the side of houses shall not be included in the private open space calculations.

Objective DMSO28   Minimum Private Open Space Provision for Townhouses

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

14.9  Residential Development - General Requirements

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

 

14.9.1  Phasing of Development

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

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

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

14.9. 2  Naming of Estates

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

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

Objective DMSO29   Naming of Streets and Residential Estates 

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

14.9.3  Roads and Footpaths

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

14.9.4   Open Plan Estates

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

14.9.5  Gated Communities

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

Objective DMSO30   Gated Communities

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

14.9.6  Taking in Charge and Management Companies

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

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

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

14.9.7  Bonds

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

14.9.8  Refuse Storage

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

Objective DMSO31  Refuse Storage Areas

Ensure all new residential schemes include appropriate design measures for refuse storage areas, details of which should be clearly shown at pre-planning and planning application stage. Ensure refuse storage areas are not situated immediately adjacent to the front door or ground floor window, unless adequate screened or other such mitigation measures are provided.

Objective DMSO32   Distance to Communal Bin Areas   

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


14.10  Additional Accommodation in Existing Built-up Areas

14.10.1   Corner/Infill Development

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

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

Objective DMSO33   Infill Development 

New infill development shall respect the height and massing of existing residential units. Infill development shall retain the physical character of the area including features such as boundary walls, pillars, gates/gateways, trees, landscaping, and fencing or railings.

Objective DMSO34  Infill Development on Corner / Side Garden Sites 

Applications for residential infill development on corner/side garden sites will be assessed against the following criteria:

  • Compatibility with adjoining structures in terms of overall design, scale and massing. This includes adherence to established building lines, proportions, heights, parapet levels, roof profile and finishing materials.
  • Consistency with the character and form of development in the surrounding area.
  • Provision of satisfactory levels of private open space to serve existing and proposed dwelling units.
  • Ability to safeguard the amenities of neighbouring residential units.
  • Ability to maximise surveillance of the public domain, including the use of dual frontage in site specific circumstances.
  • Provision of side/gable and rear access arrangements, including for maintenance.
  • Compatibility of boundary treatment to the proposed site and between the existing and proposed dwellings. Existing boundary treatments should be retained/ reinstated where possible.
  • Impact on street trees in road side verges and proposals to safeguard these features.
  • Ability to provide a safe means of access and egress to serve the existing and proposed dwellings.
  • Provision of secure bin storage areas for both existing and proposed dwellings.

 

14.10.2   Residential Extensions

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

14.10.2.1  Front Extensions

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

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

14.10.2.2   Side Extensions

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

14.10.2.3  Ground Floor Extensions (rear)

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

14.10.2.4  First Floor Extensions

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

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

14.10.2.5   Roof Alterations including Attic Conversions and Dormer Extensions

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

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

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

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

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

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

Excessive overlooking of adjacent properties should be avoided.

14.10.3  Family Flats

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

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

14.10.4   Garden Rooms

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

14.10.5  Home Based Economic Activity

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

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

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

Objective DMSO35   Home Based Economic Activity 

Permit home-based economic activities where the proposed activity is subordinate to the main residential use of the dwelling and does not adversely impact the existing residential amenities of the area by way of noise or disturbance.

Objective DMSO36  Home Based Economic Activity (Temporary)

Permit home-based economic activity on a short-term or temporary basis to enable an ongoing assessment of any impact of the activity on residential amenity, where required.

14.10.6    Pigeon Lofts

Objective DMSO37   Pigeon Lofts

Applications for new or extensions to pigeon lofts will be evaluated against the following criteria:

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

14.11   Other Residential/Housing for All

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


14.11.1   Student Accommodation

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

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

Objective DMSO38   Third Level Student Accommodation

Evaluate proposals for third level student accommodation against the following criteria:

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

14.11.2 Age Friendly Housing

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

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

14.11.3  Traveller Accommodation

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

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

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

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

Objective DMSO39   Location of Age Friendly Housing

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

Objective DMSO40   Applications for Age Friendly Housing

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

  • That the scale of the facility is appropriate to and in keeping with the character of the surrounding area.
  • The residential amenities of adjoining properties are safeguarded. ¨
  • Schemes are provided with high-quality, accessible open space for the benefit of residents. 
  • Residents are provided with good quality, appropriately sized, on-site communal facilities and amenities to socialise with other residents and visitors.
  • Proposals must demonstrate a high degree of accessibility to local services, public transport and provision of good footpath links.
  • Is served by appropriate level of parking.
  • High quality design and appropriate use of materials.

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

Objective DMSO41   Open Space Standards for Age Friendly Housing

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

14.12  Rural Fingal

14.12.1  Design Criteria for Rural Villages and Rural Clusters

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

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

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

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

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

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

14.12.2  Design Criteria for Housing in the Countryside

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

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

Objective DMSO42  New Dwellings in Rural Areas

Ensure that new dwellings in the rural area are sensitively sited, demonstrate consistency with the immediate Landscape Character Type, and make best use of the natural landscape for a sustainable, carbon efficient and sensitive design. A full analysis/feasibility study of the proposed site and of the impact of the proposed house on the surrounding landscape will be required in support of applications for planning permission.

Objective DMSO43   Housing in Greenbelt or High Amenity Zoned Land

Ensure that any planning application for a house within an area which has a Greenbelt or High Amenity zoning objective is accompanied by a comprehensive Visual Impact Statement.

Objective DMSO44  Siting of New Dwellings in a Rural Area

Encourage new dwellings in the rural area to be sited at a location in close proximity to the family home where the drainage conditions can safely accommodate the cumulative impact of such clustering and where such clustering will not have a negative visual and amenity impact on the original house. Where such an arrangement is clearly demonstrated not to be available, permit the new dwelling to be located on an alternative site which is within two kilometres from the family home, or,  where the applicant has land zoned HA within 2km from the family home and this arrangement is demonstrated not to be available to build, and the applicant has land zoned RU on lands within 3.5km of the family home, permit the new dwelling to be located on the RU zoned site which is within 3.5km of the family home, or, in the case of applications made under Objective SPQHO79 within five kilometres outside Noise Zone A and subject to the East / West of the M1 stipulation. 

 

14.12.3   Design Guidelines for Rural Dwellings

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

Table 14.9 Design Guidelines for Rural Dwellings

Site Assessment Study

  • A full analysis/feasibility study of the proposed site and its surrounding landscape should be carried out as the first step in preparing a design, and subsequently a planning application, for a house in the countryside.

Siting and Design

  • The location, siting, orientation, and the design of a proposed new dwelling in a rural location should be sensitive to its surroundings. The proposed development should be consistent with the character and appearance of the land, including the building’s shape, height, and form, and with the ecology, natural features, and contours of the area, and the way in which these components combine.
  • Direction should be taken from the existing environment and should take advantage of natural features such as trees, hedgerows, watercourses, hills, and other land formations to shelter, shade and service the house.
  • If any structures exist on the proposed site, then consideration should be given to their re- use, adaptation, and extension in preference to new build.
  • Where historic or vernacular buildings are located on the site or land holding, serious consideration should be given to their retention, and incorporation into any proposed development.
  • Clustering with existing rural buildings is generally preferable to stand-alone locations.
  • The new dwelling should seek to integrate as much as possible into the landscape and not be a prominent feature that visually dominates its rural surroundings. New buildings should respect their landscape context and not block scenic views or break the skyline or waterline as seen from vantage points or main roads. Cutting and filling of sites is not desirable.
  • Full consideration should be given to solar gain and orientation within the proposed development to maximise energy efficiency.
  • The applicant should determine if the proposed development is located on any designated natural heritage, archaeological or architectural heritage site. The existence of any of these designated sites within the proposed development site may have implications for the proposed dwelling.

Materials & Detailing

  • The detail, texture, colour, pattern, and durability of materials of the proposed development should be sustainable and of a high quality and should be sensitive to its proposed location.
  • New dwellings should be guided by the range of materials used in the past in Fingal, and where contemporary materials are proposed they should compliment and work well with those traditionally used. In Fingal, the materials that were typically used historically to construct dwellings and outbuildings were stone, mud, timber, thatch, slate, iron and lime. While historic brickworks did exist within Fingal, in general brick was not commonly used for wall finishes.
  • The number of materials and finishes used in the construction of a new dwelling and associated structures, such as vehicular entrances, garage, or shed, should be limited.
  • New dwellings should be restrained in their ornamentation and embellishment. Cosmetic features such as mock classical columns, Spanish arches, mock-Tudor detailing and balustrades should be avoided.
  • Simple design forms and roof designs with narrow spans and pitches/profiles are preferable.
  • Particular attention should be paid to fenestration details, particularly window openings and design. Windows should be in proportion to the development and compliment the style of the building. The natural light reaching the building should be maximised.

Boundary Treatments

  • Where hedgerows or native planting exist around the site, the proposed development should be designed so that they are retained and augmented as far as practical. Where limited removal is required to meet with visibility standards, new hedgerow consisting of species native to the area or mixed with other alternative species acceptable to the Council will be planted inside the line of visibility.
  • Boundary treatment should reflect local traditions for similar buildings where applicable. Stonewalling executed in the traditional dry construction method or limestone walls with lime mortar, earthen banks and indigenous hedging are all considered appropriate at entrances. Over-scaled and elaborate designs should be avoided.
  • The design of entrance gates should be in keeping with the rural setting and look to traditional agricultural gate forms and styles. Entrances which are not demonstrated to be in character with the rural location of the proposed development will not be permitted.
  • Entrances, driveways, and surfaced areas should be located so as to minimise the visual impacts of these proposed structures for example by following existing contour lines.
  • All applications for planning permission for a rural house should include detailed drawings and specifications for entrance treatments, including any additional elements such as name plaques, post boxes, intercom and security features, which should all be discrete.

Access & Site Lines

  • An applicant must demonstrate that safe vehicular access to and from a proposed house is provided in terms of visibility from a proposed entrance, but also in terms of impact on road traffic on the adjoining public road, through generation of turning and stopping movements by vehicles leaving and entering the proposed site.
  • All applications for planning permission must include (at a minimum scale of 1:500) comprehensive details of the way in which access to the site can be provided in a satisfactory way. Where satisfactory access can be achieved only by removing large stretches of roadside hedgerow/ditches/stone boundaries, an alternative site for the proposed development should be sought.
  • The sharing of vehicular entrances will be encouraged where appropriate in order to avoid a proliferation of access points. Where a new house is to be sited adjacent to existing dwellings, use of existing entrances, avenues and driveways should be considered. Surface & Wastewater Treatment
  • Domestic wastewater treatment plant and percolation areas must comply with the requirements of the Code of Practice Wastewater Treatment Systems Serving Single Dwellings (EPA) as set out in Section 14.20.2 Rural Housing - Wastewater TreatmentThese details should be included in any application for a new or replacement dwelling or an extension to an existing dwelling where there is an increase in demand on the treatment capacity of any existing system.

Landscaping

  • Landscaping proposals must be submitted with all planning applications for development. These should include as far as possible native species or other species which have been agreed with the Council.

14.12.4  Replacement Dwellings – Rural

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

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

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

14.12.5  Rural Housing Strategy

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

14.12.6  Development in Rural Clusters

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

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

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

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

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

14.12.7  New Housing for Farm Families

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

Objective DMSO45  New Housing for Farm Families

Demonstrate that the farm has been a working and actively managed farm in the ownership of the applicant’s family for a minimum of three years preceding the date of the application for planning permission. The applicant is required to demonstrate the following in relation to their working of the family farm: The applicant is a member of a family which operates a farm within the rural area of Fingal, and is actively engaged in farming the family farm. Verifiable documentary evidence (such as dated and stamped Land Registry Documentation) showing details of the farm ownership, details of the family relationship with the farm owner, and the nature of the applicant’s involvement in farming the family farm will be required.

  1. The farm on which the application for planning permission for a rural house has been submitted has been a working and actively-managed farm in the ownership of the applicant’s family for a minimum of three years preceding the date of the application for planning permission.
  2. The location of the family home on the existing farm.
  3. The location of all other houses on the family farm which have been granted planning permission since the 19th October 1999. Submission details will include the date of grant of planning permission and the Council’s file Register Reference under which any Planning Permissions were granted.
  4. The family farm has been a working farm for the preceding three years. The criteria which are considered to constitute a working farm and the size thresholds for various types of farm are set out below. The minimum threshold area of a farm excludes the area of the farm occupied by the farm yard and farm buildings, the area of the existing family home and its curtilage, and the area of the site of the proposed dwelling.
  5. Documentary evidence that the applicant resides on a working family farm within the planning application.

 

Documentary evidence (i.e. of a working farm) which is required is detailed below:

  1. For livestock (including equestrian), tillage and mixed livestock/tillage farms:
    1. A Herd Number or other Business Number which is allocated by the Department of Agriculture, Food and the Marine.
    2. Single Farm Payment details for the preceding three years.
    3. A GLAS number for those farmers who participate in the GLAS Scheme.
    4. A Forestry number for those farmers who manage forestry.
    5. For dairy farms, details of the previous years' supplies to a milk processor.
    6. For equestrian farms, depending on the type of equestrian farm, current horse training licences issued by the Irish Turf Club, racing licences, documentation demonstrating that the farm is a recognised teaching school, records of bloodstock sales, details of stud production for the preceding three years or equine identification documents, i.e. passports issued by Horse Board Ireland or by Wetherbys.
  1. For horticulture farms:
    • Confirmation of involvement in the Quality Assurance Scheme managed by An Bord Bia for the previous three years.
    • Evidence of investment within the farm to demonstrate its current active engagement in the horticulture sector.
    • Details of the supply of product from the farm which demonstrates that the applicant was supplying substantial produce to market in the preceding year.
  1. Size thresholds for farms:
    • The minimum size for an active livestock, tillage, or mixed livestock/tillage farm is 15 hectares.
    • The minimum size for a horticultural farm is:
      - For a vegetable farm, 6 hectares.
      - For an apple farm, 13 hectares.
      - For glasshouse production, 0.4 hectares.

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


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

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

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

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

i. One member of a rural family who is considered to have a need to reside close to their family home by reason of close family ties, and where a new rural dwelling has not already been granted planning permission to a family member by reason of close family ties since 19th October 1999. The applicant for planning permission for a house on the basis of close family ties shall be required to provide documentary evidence that:

  • S/he is a close member of the family of the owners of the family home.

  • S/he has lived in the family home identified on the application or within the locality of the family home for at least fifteen years.

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

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

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

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

Such applicants will be required to satisfy the Council of their long-term commitment to operate a full-time business from their proposed home in a rural area, as part of their planning application.

The applicant will outline within a submitted Business Plan how their business will contribute to and enhance the rural community and will demonstrate to the satisfaction of the Council that the nature of their employment or business is compatible with, and addresses and satisfies local needs, and will protect and promote the rural community.

The applicant will satisfy the Council that the nature of their employment or business is dependent on its location within the rural area so as to discourage applicants whose business is not location- dependent.

The applicant will demonstrate their commitment to the proposed business through the submission of a comprehensive and professionally prepared Business Plan, and through submission of legal documentation that they have sufficient funding committed to start and operate the business.

Applicants whose business is not location-dependent will not be considered.

Verifiable documentary evidence to demonstrate compliance with Table 14.10 will be required in all planning permission applications for a new house in the open countryside including a sworn affidavit by the applicant stating that the applicant conforms to the requirements of the objective.

14.12.9  Housing within Airport Noise Zones

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

Objective DMSO46   Housing for Farming Families within Airport Noise Zones

‘New Housing for Farming Families’

Apply the provisions of the Rural Settlement Strategy, only with regard to ‘New Housing for Farming Families’ as set out in Chapter 3 within the Airport Noise Zone A, and subject to the following restrictions:

  • Under no circumstances shall any dwelling be permitted within the predicted 69dB LAeq 16 hours noise contour.
  • Comprehensive noise insulation shall be required for any house permitted under this objective.
  • Any planning application shall be accompanied by a noise assessment report produced by a specialist in noise assessment which shall specify all proposed noise mitigation measures together with a declaration of acceptance of the applicant with regard to the result of the noise acceptance report.

Objective DMSO47 Housing for the Rural Community within Airport Noise Zones

New Housing for the Rural Community other than for those who are actively engaged in farming

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

14.12.10   Replacement of Chalets and Seaside Huts

Objective DMSO48  Seasonal Chalets and Seaside Huts

Applications for the replacement or conversion of existing seasonal chalets and seaside huts by dwellings which can be resided in all the year round will only be considered in exceptional circumstances where the following criteria is fully complied with:

  • Verifiable documentary evidence is demonstrated indicating the unit is occupied on a year- round basis and has been for a period of 7 years or more.
  • The proposal satisfies planning criteria in relation to appropriate design and layout, drainage, access and integration with the character of the landscape.
  • The site shall not be liable to the impacts of climate change, including coastal erosion and flooding.
  • It can be demonstrated that no impacts arise, including accumulative impacts, in relation to European Sites.

14.12.11   South Shore Rush

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

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

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

Applications for multi-unit schemes will not be permitted.
 

14.12.12   Houses Displaced by Infrastructural Works

Objective DMSO49  Houses Displaced by Infrastructural Works

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

14.12.13 Extensions to Rural Dwellings

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

14.13  Open Space

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

14.13.1  Hierarchy and Accessibility

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

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

Type of Public Open Space

Pocket Parks

(Class 2 as per Development Contribution Scheme) Facilities for smaller children, but not necessarily formal play facilities. Have an important visual and social function also. Pocket parks must not be to the side or back of houses and must be adequately overlooked.

Size of Park /Open Space

Between 500 sq.m – 0.2 hectares

Distance from homes

Within 100–200 metres walking distance of homes

Level of Play provision

LAP (Local Area for Play)

Minimum 10m x 10m to approximately 20% of public open space depending on calculated provision

Age group catered for

Intended primarily for children up to the age of 6, though it will be used by older children at different times of the day or evening

Description of Play Space

Accessible and inclusive landscaped areas for play

Imaginatively designed and contoured, using as far as possible natural materials such as logs or boulders with associated planting which create an attractive setting for play.

Type of Public Open Space

Small Parks

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

Size of Park /Open Space

Between 0.2 – 2 hectares

Distance from homes

Within 500–1000 metres walking distance of homes

Level of Play provision

LEAP (Local Equipped Area for Play) Minimum activity zone of 200 square metres

Age group catered for

Intended, in the context of play, for use by children up to the age of 12.

Description of Play Space

Accessible and inclusive landscaped areas for play

Imaginatively designed and contoured, using as far as possible natural materials such as logs or boulders in combination with traditional play equipment and associated planting.

Where natural landscape such as woodland is in proximity to the play space, this should be incorporated and play opportunities dispersed throughout the available space as appropriate.

Type of Public Open Space

Local Parks

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

Size of Park /Open Space

Between 2 hectares – 20 hectares

Distance from homes

Within 500–1000 metres walking distance of homes

Level of Play provision

LEAP (Local Equipped Area for Play) Minimum activity zone of 400 square metres

Age group catered for

Intended, in the context of play, for use by young and older children.

Description of Play Space

Accessible and inclusive landscaped areas for play

Imaginatively designed and contoured, using as far as possible natural materials such as logs or boulders in combination with traditional play equipment and associated planting. Where natural landscape such as woodland is in proximity to the play space this should be incorporated and play opportunities dispersed throughout the available space as appropriate.

Provision for older children up to 17 years old such as hangout zones with bespoke seating and wi-fi connectivity in combination with such features as a MUGA or skating elements.

The play space should reflect local heritage or folklore by linking design to local theme.

Type of Public Open Space

Urban Neighbourhood Parks

(Class 1. as per Development Contribution Scheme)

A wide variety of facilities and uses can be provided here due to their size. Biodiversity areas will also be accommodated in these parks.

Size of Park /Open Space

Between 20 hectares – 50 hectares

Distance from homes

Within 1000–1500 metres walking distance of homes

Level of Play provision

NEAP (Neighbourhood Equipped Area for Play)

Minimum activity zone of 1,000 sq. metres comprising an area for play equipment and structures and a hard-surfaced area of at least 465 sq. metres (the minimum needed to play 5 aside football)

Age group catered for

Intended for use by accompanied young children and older children of relative independence, who have the freedom to range further from home.

Description of Play Space

Accessible and inclusive landscaped areas for play

Imaginatively designed and contoured, using as far as possible natural materials such as logs or boulders in combination with traditional play equipment with associated planting. Where natural landscape such as woodland is in proximity to the play space this should be incorporated and play opportunities dispersed throughout the available space.

Provision for older children up to 17 years old such as hangout zones with bespoke seating and wi-fi connectivity. The larger space available in such provision should facilitate extended provision of MUGA and other informal, non-structured activity such as a skate park, BMX track or Callisthenics equipment. The play space should reflect local heritage, or folklore by linking design to a local theme.

Type of Public Open Space

Regional Parks

(Class 1 as per Development Contribution Scheme) Provide for a large range of uses. Formal and informal play areas, passive recreation areas, biodiversity areas and often a distinct attraction will be available on site.

Size of Park /Open Space

Over 50 hectares

Distance from homes

Within 15km

Level of Play provision

“Destination” Playground Popular facilities include meeting areas and youth shelters within local open space, floodlit multi-games areas, skateboard parks and

Age group catered for

Intended as a destination where all ages will find a broad range of amenities to enjoy both as family units and independently.

Description of Play Space

Within regional parks, all ages of the community can be catered for with the provision of the features of LAPs, LEAPs and NEAPs on a larger scale. The play spaces should reflect local heritage. The park landscape should also be evaluated for it's potential to offer natural play and adventurous opportunities.

*Areas not counted in the Open Space calculation include:

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

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

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

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

Objective DMSO50    Permeable and Accessible Open Spaces

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

 

14.13.2  Quantity

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

Objective DMSO51   Minimum Public Open Space Provision

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

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

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

Land use

Minimum public open space standards

Overall standard

2.5 hectares per 1000 population

New residential development on greenfield sites/LAP lands

15 % of site area

New residential development on infill/brownfield sites

10% of site area

Objective DMSO52  Public Open Space Provision

Public open space shall be provided in accordance with Table 14.12.

Objective DMSO53 Financial Contribution in Lieu of Public Open Space

Require minimum open space, as outlined in Table 14.12 for a proposed development site area to be designated for use as public open space. The Council has the discretion to accept a financial contribution in lieu of the remaining open space requirement to allow provision for the acquisition of additional open space or the upgrade of existing parks and open spaces subject to these additional facilities meeting the standards specified in Table 14.11. 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.

The Council has the discretion for the remaining open space required under Table 14.11 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 14.11.

The Council has the discretion for the remaining open space required under Table 14.11 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 14.11.

The Council has the discretion to accept a financial contribution in lieu of remaining open space requirement required under Table 14.11, 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 Table 14.11.

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 14.11.

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 DMSO54  Financial Contribution in Lieu of Open Space Provision in Smaller Developments

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 DMSO55 Taking in Charge of Class 1 Open Space

The Class 1 Open Space conditioned as part of a residential development shall be transferred to / taken in charge by the Council and or made available for use by the public in tandem with the occupation of the related residential development.

Objective DMSO56 Proximity of New Residential Schemes to Parks

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 DMSO57 Development Contribution Schemes

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

Objective DMSO58 Institutional Lands and Landscaped Demesnes

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

Objective DMSO59 Small Areas of Open Space

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

Objective DMSO60 Maintenance of Open Space

The Council will require that open space be provided in a form and layout which facilitates maintenance.

Objective DMSO61 Design of Areas to be Taken in Charge

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

14.13.2.1 Intensive Recreational Facilities

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

Objective DMSO62 Open Space Provision and Intensive Recreational / Amenity Facilities

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

14.13.3   Quality

14.13.3.1  Design of Public Open Spaces

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

Objective DMSO63 Location of Open Space

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

Objective DMSO64 Design of Open Space

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

Objective DMSO65 Complementary Facilities within Open Space

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

Objective DMSO66 Handover of Public Open Space

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

Objective DMSO67 Management Companies

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

14.13.3.2  Playground Facilities

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

Objective DMSO70 

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

Objective DMSO71 

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

14.13.3.3  Private Open Space

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

Objective DMSO70 Replacement of Trees

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

 

Objective DMSO71 Overshadowing of Private Open Space

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

Objective DMSO72 Boundary Treatment to Private Open Space

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

14.13.3.4  Houses

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

Objective DMSO73 Private Open Space Provision for Dwelling Houses

Ensure a minimum open space provision for dwelling houses (exclusive of car parking area) as follows:

Table 14.13 Minimum open space requirement for dwelling houses
House type Minimum open space
3 bedrooms or less 60 sq.m.
4 or more bedrooms 75 sq.m.

 

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

Objective DMSO74 Private Open Space for Townhouses

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

14.13.3.5  Apartment and Duplex Units

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

Designers should have regard to the targets and standards set out in Table 14.14 with regard to minimum space provision.

Objective DMSO75 Balconies, Roof Terraces or Winter Gardens

Require private balconies, roof terraces or winter gardens for all apartments and duplexes comply with or exceed the minimum standards set out in Table 14.14.

Objective DMSO76 Screening of Private Open Space

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

Objective DMSO77 Communal Amenity Space

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

Objective DMSO78 Combination of Private and Semi-Private Open Space

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

Table 14.14 – Open Space requirement for Apartment and Duplex Units

Unit type

Private amenity space

Communal amenity space

Studio

4 sq.m.

4 sq.m.

One bed

5 sq.m.

5 sq.m.

Two bed

7 sq.m.

7 sq.m.

Three bed

9 sq.m.

9 sq.m.

14.14  Community Infrastructure

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

14.14.1  Community Facilities

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

Objective DMSO79 Community Facilities

Any application for community facilities such as leisure facilities, sports grounds, playing fields, play areas, community halls, organisational meeting facilities, medical facilities, childcare facilities, new school provision and other community orientated developments, shall have regard to the following:

  • Overall need in terms of necessity, deficiency, and opportunity to enhance or develop local or County facilities.
  • Practicalities of site in terms of site location relating to uses, impact on local amenities, desirability, and accessibility.
  • Conformity with the requirements of appropriate legislative guidelines.
  • Conformity with land use zoning objectives

 

Objective DMSO80  Community and Social Infrastructure Audit

Planning applications for large scale residential and mixed-use developments, of 50 or more residential units, shall include a community and social infrastructure audit. This audit shall assess the provision of community and social infrastructure within the vicinity of the site and shall identify existing shortcomings in terms of these facilities and assess whether there is a need to provide additional facilities to cater for the proposed development.

A community and social infrastructure audit shall include the following:

  • An assessment of existing community and social infrastructure facilities within 1km of the subject site.
  • An assessment of the need in terms of necessity, deficiency, and opportunities to enhance/share existing facilities based future population projections for the area
  • A justification as to whether or not a new community facility will be provided as part of the proposed development, based on the findings of the audit.

Where new community facilities are required, they shall have regard to Objective DMSO82 above and the following:

  • Community facilities shall be flexible in their design and promote optimum/multi- functional usage, for users of all age and abilities
  • Community facilities shall not have a detrimental effect on local amenity by way of traffic, parking, noise or loss of privacy of adjacent resident
  • Community facilities shall be provided in conjunction with residential/mixed use development
  • Community facilities shall be accessible by a range of travel modes with an emphasis on walking, cycling and public transport use, while providing limited car parking facilities to meet anticipated demand of non-local visitors to the centre.

14.14.2  Childcare Facilities

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

Objective DMSO81 Applications for Childcare Facilities

Any application for childcare facilities shall have regard to the following:

  • Suitability of the site for the type and size of facility proposed.
  • Adequate sleeping/rest facilities.
  • Adequate availability of indoor and outdoor play space.
  • Convenience to public transport nodes.
  • Safe access and convenient off-street car parking and/or suitable drop-off and collection points for customers and staff.
  • Local traffic conditions.
  • Intended hours of operation.

Objective DMSO82 Childcare Provision within a Residential Property

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

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

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

14.14.3  Educational Facilities

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

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

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

14.14.4  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 DMSO83 Places of Worship

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, to be delivered through actively engaging with the community to understand diverse religious needs for a place of worship and consulting with faith communities to understand which ones are compatible for shared premises/sites.

Objective DMSO84 Location of Places of Worship

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.

14.14.5  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 14.16 requirements, while parking areas shall not dominate the front curtilage of the property in contrast to adjoining dwellings and shall be similarly landscaped.
 

Objective DMSO85 Location of Medical Practices in Residential Areas

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 DMSO86 Location of Larger Medical Practices

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.

14.14.6  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 DMSO87 Graveyards

Facilitate the future burial requirements of the County including the provision of Columbarium walls where possible, within existing and regional graveyards.

Objective DMSO88 Additional Burial Grounds

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 DMSO89 Management and Maintenance of Burial Grounds

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

Objective DMSO90 Provision of a Crematorium

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


14.15  Enterprise and Employment

(This section should be read in conjunction with Chapter 7, Employment and Economy.)

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, ME, 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.

14.15.1  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.

Objective DMSO91 Design and Siting of Business Parks and Industrial Areas

Ensure that the design and siting of any new Business Parks and Industrial Areas, including office developments, conforms to the principles of Design Guidelines as outlined in Table 14.14.

Table 14.15 Design Guidelines for Business Parks, Industrial Areas (Enterprise and Employment lands)

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

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

14.15.2  Remote Working Hubs

The growth in remote working brings a new dynamic to locational decisions, including co-working hubs.

Objective DMSO92  Location of Remote Working Hubs

Remote working hubs should be located in major and local town centres and rural villages. The facility should include independent working spaces, meeting rooms and communal facilities for users. Bicycle and vehicular parking provision shall be in accordance with the standards required for office development.

Objective DMSO93 Utilisation of Vacant Properties for Remote Working Facilities

Vacant/underused properties should be utilised for remote working hub facilities where appropriate.

14.15.3  Space Extensive Developments

Space extensive developments such as large warehousing units and data centres in most instances generate low intensity employment. The Council will support these facilities at appropriate locations on a case-by-case basis. These facilities should not be located on lands that are more suitable for employment intensive developments/facilities, which are close to public transport infrastructure and built-up areas where compact growth encouraged.
 

Objective DMSO94 Utilisation of Vacant Properties for Remote Working Facilities

Proposals for space extensive developments such as data centres are required to address the following:

  • Energy efficiency measures for the development to reduce the carbon footprint in support of national targets towards a net zero carbon economy, including renewable energy generation
  • The extent of energy demand and proximity to multiple high voltage strategic grid connections with significant electricity supply capacity available including areas with high concentration of renewable energy electricity generators
  • The availability of appropriate infrastructure such as high voltage electricity, fibre optic cables, water and waste water etc. to support the use as a data centre
  • Measures to support the just transition to a circular economy
  • Measures to facilitate district heating or heat networks where excess heat is produced
  • High-quality design approach to buildings which reduces the massing and visual impact of same. A visual impact assessment may be required in some circumstances, depending on the specific site
  • Details of employment numbers once operational
  • Details of the levels of traffic to and from the site at construction and operation stage
  • Evidence of sign up to the Climate Neutral Data Centre Pact
  • A decommissioning report which sets out the development strategy for the site if and when the data centre is no longer in use, in order to bring the site back to a future developable state.

14.15.4  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 DMSO95 Home-Based Economic Activities

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 DMSO96 Home-Based Economic Activity (Temporary)

Permit home-based economic activity on a short-term or temporary basis to enable an ongoing assessment of any impact of the activity on residential amenity, where required.

14.15.5  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 immediate 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 7.

14.15.5.1  Retail Criteria

Applications for new retail development shall accord with the requirements outlined in Chapter 7.

Objective DMSO97 Provision of New Retail Development

The provision of new retail development shall be in accordance with the Fingal Retail Strategy in Chapter 7.

Objective DMSO98 Role and Function of Retail Centre

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 DMSO99 Retail Impact Assessment

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.m.) are required to provide a detailed Retail Impact Assessment (RIA), a Transport Impact Assessment (TIA) and Screening for Appropriate Assessment, as appropriate.

14.15.5.2  Types of Retail Development

a. 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 DMSO100 Fast Food / Takeaway outlets

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 DMSO101 Location of Fast Food Outlets

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.

b. Petrol 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 DMSO102 Petrol Stations

Development proposals for petrol stations shall address the following:

  • Development proposals will be required to demonstrate 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 of 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 DoECLG, 2012.

 

c. 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 DMSO103 Retail Warehousing

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 section 7.5.4 Retail, of Chapter 7 of this Plan.

14.15.6   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 DMSO104 Agricultural Buildings

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 DMSO105 Design of Agricultural Buildings

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 DMSO106 Assessment of Agricultural Development

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.


14.15.7  Extractive Industry

Objective DMSO107 Extractive Industry Proposals

Proposals for such development shall have regard to the following:

  • Section 261 and Section 261A of the Planning and Development Act, 2000 (as amended).
  • 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.

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

14.16  Dublin Airport

(This section should be read in conjunction with Chapter 8 Dublin Airport)

Dublin Airport is of vital importance to the Irish economy and acts as the principal international gateway for trade, inward investment and tourism. The airport is a primary contributor to Ireland having one of the highest connectivity levels on the continent relative to the size of its population and economy. With passenger numbers forecasted to reach 40 million persons per annum by 2030, the sustainable growth of the airport is paramount. This will require balancing a number of key issues such as climate change, infrastructure provision and community engagement while ensuring that the core operational transport function of the airport is protected. The Dublin Airport Local Area Plan 2020 provides an updated strategy for the continued growth of Dublin Airport in line with relevant aviation, planning and environmental policy within the context of a sustainable growth framework.

Objective DMSO108 Dublin Airport LAP

All proposed developments within Dublin Airport (DA) shall have regard to the strategic aims and objectives detailed in the Dublin Airport Local Area Plan 2020 or any subsequent LAP  or  extension of same.

14.16.1  Airport Noise

Table 14.16 presents the four aircraft noise zones and the associated objective of each zone along with an indication of the potential noise exposure from operations at Dublin Airport. The zones are based on potential noise exposure levels due to the airport using either the new northern or existing southern runway for arrivals or departures.

Table 14.16 Aircraft Noise Zones

Zone

Indication of Potential Noise Exposure during Airport Operations

Objective

D

≥ 50 and < 54 dB LAeq, 16hr and ≥ 40 and < 48 dB Lnight

To identify noise sensitive developments which could potentially be affected by aircraft noise and to identify any larger residential developments in the vicinity of the flight paths serving the Airport in order to promote appropriate land use and to identify encroachment. All noise sensitive development within this zone is likely to be acceptable from a noise perspective. An associated application would not normally be refused on noise grounds, however where the development is residential-led and comprises nonresidential noise sensitive uses, or comprises 50 residential units or more, it may be necessary for the applicant to demonstrate that a good acoustic design has been followed. Applicants are advised to seek expert advice.

C

≥ 54 and < 63 dB LAeq, 16hr and ≥ 48 and <55 dB Lnight

To manage noise sensitive development in areas where aircraft noise may give rise to annoyance and sleep disturbance, and to ensure, where appropriate, noise insulation is incorporated within the development Noise sensitive development in this zone is less suitable from a noise perspective than in Zone D. A noise assessment must be undertaken in order to demonstrate good acoustic design has been followed.

The noise assessment must demonstrate that relevant internal noise guidelines will be met. This may require noise insulation measures. An external amenity area noise assessment must be undertaken where external amenity space is intrinsic to the development’s design. This assessment should make specific consideration of the acoustic environment within those spaces as required so that they can be enjoyed as intended. Ideally, noise levels in external amenity spaces should be designed to achieve the lowest practicable noise levels. Applicants are strongly advised to seek expert advice.

B

≥ 54 and < 63 dB LAeq, 16hr and ≥ 55dB Lnight

To manage noise sensitive development in areas where aircraft noise may give rise to annoyance and sleep disturbance, and to ensure noise insulation is incorporated within the development. Noise sensitive development in this zone is less suitable from a noise perspective than in Zone C. A noise assessment must be undertaken in order to demonstrate good acoustic design has been followed. Appropriate well- designed noise insulation measures must be incorporated into the development in order to meet relevant internal noise guidelines. An external amenity area noise assessment must be undertaken where external amenity space is intrinsic to the developments design. This assessment should make specific consideration of the acoustic environment within those spaces as required so that they can be enjoyed as intended. Ideally, noise levels in external amenity spaces should be designed to achieve the lowest practicable noise levels. Applicants must seek expert advice.

A

≥ 63 dB LAeq, 16hr and/or ≥ 55 dB Lnight

To resist new provision for residential development and other noise sensitive uses. All noise sensitive developments within this zone may potentially be exposed to high levels of aircraft noise, which may be harmful to health or otherwise unacceptable. The provision of new noise sensitive developments will be resisted.

Notes:

  • ‘Good Acoustic Design’ means following the principles of assessment and design as described in ProPG: Planning & Noise – New Residential Development, May 2017;
  • Internal and External Amenity and the design of noise insulation measures should follow the guidance provided in British Standard BS8233:2014 ‘Guidance on sound insulation and noise reduction for buildings’

The list of townlands to which Assessment Zone D applies are contained Appendix 7.
 

Objective DMSO109 Development within Airport Noise Zones

Strictly control inappropriate development and require noise insulation where appropriate in accordance with Table 14.16 above within Noise Zone B and Noise Zone C and where necessary in Assessment Zone D, and actively resist new provision for residential development and other noise sensitive uses within Noise Zone A, as shown on the Development Plan maps, while recognising the housing needs of established families farming in the zone. To accept that time based operational restrictions on usage of a second runway are not unreasonable to minimize the adverse impact of noise on existing housing within the inner and outer noise zone.

Objective DMSO110 Aircraft-Related Development and Operation Procedures

Ensure that aircraft-related development and operation procedures proposed and existing at the Airport consider all measures necessary to mitigate against the potential negative impact of noise from aircraft operations (such as engine testing, taxiing, taking off and landing), on existing established residential communities, while not placing unreasonable, but allowing reasonable restrictions on airport development to prevent detrimental effects on local communities, taking into account EU Regulation 598/2014 (or any future superseding EU regulation applicable) having regard to the ‘Balanced Approach’ and the involvement of communities in ensuring a collaborative approach to mitigating against noise pollution.

Objective DMSO111 Aircraft Movement and Development

Restrict development which would give rise to conflicts with aircraft movements on environmental or safety grounds on lands in the vicinity of the Airport and on the main flight paths serving the Airport, and in particular restrict residential development in areas likely to be affected by levels of noise inappropriate to residential use.

14.17  Connectivity & Movement

14.17.1  Public Transport Corridors

Reservations for public transport connections and corridors shall be protected in all new developments.

Objective DMSO112 Improvements to Public Transport Network

Support improvements to the public transport network by reserving proposed public transport connections and corridors free from inappropriate 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.

14.17.2  Bicycle Parking

Provision of high quality, safe, secure and convenient bicycle parking is essential to support sustainable transport including cycling, walking and public transport. High-quality bicycle parking is an obvious extension of the ambitious public transport, cycle and walking network that is contained within this Plan and wider policy generally. The provision of high-quality bicycle parking at transport interchanges, educational, cultural and commercial centres can also significantly extend the catchment of potential users. Where residential developments are provided with high quality bicycle parking, it can serve to negate the need for excessive numbers of car parking spaces and all the associated impacts that such provision can entail. The bicycle parking standards set out in Table 14.16 of this Plan reflect the new policy and environmental context of this Plan including carbon reduction targets, consolidation of development and increased high-quality cycling infrastructure. Bicycle parking can be categorised as short stay or long stay and is defined as follows:
 

Short-Stay Bicycle Parking: These are designed for ease of use by the general public and visitors to a development. Such bicycle parking spaces should be located in highly visible areas with good passive surveillance, which are easy to access and well lit. They should ideally be situated no further than 15m from main entry points.

Long-Stay Bicycle Parking: These are to be designed for private use by residents and employees. Such cycle parking spaces should be located in a secure area that is easy to access, well-lit and covered. Effective security and functionality for all types of users is also maximised by the provision of individual facilities to allow for different types of equipment such as buggies, cargo bikes, helmets and scooters to be stored where appropriate. They should be situated within the curtilage of the destination.

The following criteria shall be complied with in the development of bicycle parking facilities.

Publicly Accessible Bicycle Parking
  • High quality short-stay bicycle parking shall be provided within the public realm of our urban areas and within all new developments including residential, employment, schools, public transport nodes, shops, community facilities and recreational areas.
  • High quality long-stay bicycle parking shall be required at all new developments including residential and employment uses. Proposals for new development in town centre areas, public transport stops/stations, multi-storey carparks and public buildings or other appropriate locations must be comprehensively equipped with highquality bicycle parking.
  • All cycle facilities in multi-storey car parks shall be provided at ground floor level and shall be segregated from vehicular traffic. Cyclists should also have designated entry and exit routes at the car park. For basement car parks, segregated cycle access should be provided to basement car parks by a segregated cycle ramp or dedicated lift and the parking should be provided in as highly trafficked an area as possible.
  • Cycle parking in schools should be located with maximum passive surveillance, covered and with separate cyclist and pedestrian entrances in new schools.
  • The provision of secure bicycle lockers within the public realm, at public transport stops/nodes and other suitable locations is also required. However, they must be the subject of effective management regimes that cover their allocation, access and monitoring of use.
  • Bicycle parking facilities needs to accommodate the increasing diversity of bicycles, such as tricycles, cargo bikes and adapted bikes should also be provided.
  • As part of the cycle parking quantum for various land uses in Table 14.16 , provision for cargo bikes is required. This will vary depending on the type and location of the development but should be considered as part of the Development Management and design process and shall be determined by the Planning Authority.
  • Bicycle stands should allow both the frame and wheels to be securely attached.
  • Existing developments without bicycle parking should be retro-fitted, either by converting car parking spaces into bicycle parking or by providing parking facilities near/adjacent to buildings.
  • An adequate number of power sockets should be installed for recharging e-bikes in the provision of bicycle parking facilities.
  • To successfully influence the choice to cycle by all, bicycle parking provision should also be supported by cycle welfare facilities and cycle repair stations and this should be appropriately reflected in Mobility Management Plans.
  • All employment generating development should provide changing, shower, storage and drying facilities to encourage employees to cycle, walk, run to work.
  • Guidance for selecting the most appropriate type of bicycle parking facility depending on location and user needs is outlined in the National Cycle Manual, ‘Bicycle Parking Facilities’. The Council will have regard to this document or any subsequent updated document when considering applications where bicycle parking is a requirement.

14.17.2.1 Bicycle Parking and Residential Development

The quality and quantity of bicycle parking provision in residential developments should encourage residents to adopt cycling as the preferred mode of travel for short trips.

  • Cycle parking should be provided within the curtilage or adjacent to the building and should not require the bike to be brought through an internal area.
  • Innovative, secure, covered and front of house bicycle parking solutions are required in the design of all new duplex developments and terrace dwellings. Wall bars or rings are not acceptable at the front of a house for long stay bicycle parking. Applications for front of house bicycle parking solutions in existing housing and residential areas and matching these criteria will be supported and encouraged.
  • In exceptional circumstances, where cycle parking cannot be provided within the curtilage, bicycle parking that is innovative in design, secure and sheltered must be provided adjacent to the building. Communal on-street bicycle parking provision provides an opportunity in the context of retro-fitting existing terrace dwellings fronting onto streets in existing built-up area and this will form part of the Active Travel Strategy.
  • Apartment development must be comprehensively equipped with high quality cycle parking and storage facilities for residents and visitors.
  • The provision of high-quality bicycle parking is a key concern for apartment residents and apartment proposals must respond accordingly in their design and provision of such facilities.
  • Each apartment unit shall be provided with an individual storage compartment for long-stay bicycle provision that is capable of accommodating bicycles, buggies and additional ancillary equipment such as scooters, helmets and bicycle maintenance equipment.
  • Guidance in relation to bicycle parking provision and storage for apartment developments is outlined in the Sustainable Urban Housing: Design Standards for New Apartments Guidelines for Planning Authorities 2020. The Council will have regard to these relevant guidelines when considering applications for apartment development where bicycle parking is a requirement.
Table 14.17  Bicycle Parking Standards

Land Use Category

Minimum Bicycle Parking Standards

 

Long-Stay

Short-Stay

Residential (1-2 Bedroom)

1, plus 1 per bedroom

0.5 per unit (for apartment blocks only)

Residential (3+ Bedroom)

2, plus 1 per bedroom.

0.5 per unit (for apartment blocks only)

Sheltered housing

1 per bedroom

1 per 20 bedrooms

Student housing

1 per bedroom

1 per 5 bedrooms

Education

Pre-school facilities/creche

1 per classroom

5 per classroom

Primary school

1 per classroom

15 per classroom

Special needs unit

1 per classroom

5 per classroom

Post Primary school

1 per classroom

20 per classroom

College of Further Education

1 per 2 staff

30 per lecture theatre

Health & Institutions

Hospital

1 per 4 staff

1 per 20 staff

Nursing home

1 per 3 staff

1 per 20 staff

Clinic, Group Medical practices

1 per consulting room

1 per consulting room

Church, place of worship

 

1 per 10 seats

Community

Community Centres

1 per 5 staff

1 per 50m2

Library

1 per 5 staff

1 per 40 m2

Sports Ground, pitches

TBDPA**

Minimum 15 per pitch

Sports Club, Gymnasium, Fitness Centre

1 per 2 staff

1 per 30m2

Golf course

1 per 3 staff

20

Pitch and Putt Course

1 per 3 staff

20

Leisure: Restaurant, Hotels and Conferencing

Hotel, Motel, Motor Inn, Guest House

1 per 5 staff

1 per 5 rooms

Conference Centres

1 per 100 seats

1 per 20 seats

Auditorium, Theatre, Cinema, Stadium

1 per 5 staff

1 per 10 seats

Retail

Food store (incl. discount food store)

1 per 100m2

1 per 80m2

Shopping Centre

1 per 200m2

1 per 100m2

Bank, Building society

1 per 50m2

1 per 50m2

Convenience (<200sqm)

1 per 60m2

1 per 60m2

Garden centre

1 per 300m2

1 per 300m2

Warehouse (e.g. furniture, White goods)

1 per 5 staff

-

Show room, e.g Car show room

1 per 5 staff

-

Employment

Offices-General

1 per 60m2

1 per 200m2

Offices- Science and Technology

1 per 60 m2

1 per 200m2

Offices – Call centre

1 per 40m2

1 per 200m2

Industry-General

1 per 80m2

1 per 200m2

Industry-Bio-medical

1 per 100m2

1 per 200m2

Industry-Data Centres

1 per 200m2

1 per 200m2

Warehouse and distribution

1 per 200m2

1 per 200m2

Notes: ** To be determined by the Planning Authority

Objective DMSO113  Bicycle Parking

Ensure that all new development provides high quality, secure and innovative bicycle parking provision in accordance with the bicycle parking standards set out in Table 14.17 and the associated design criteria for bicycle parking provision set out in this Plan.

Objective DMSO114 Provision of Bicycle Parking at Public Transport Stations / Stops

Ensure that all new and renovated public transport stations/stops provide appropriate levels of cycle parking provision based on the existing and proposed passenger levels, surrounding environments and future transportation infrastructure.

 

Figure 14.1 Innovative bicycle storage solution to front of dwelling.

Figure 14.2 On-street Bike Bunkers to front of existing terraced dwellings.


14.17.3  Mobility Management Plan/Workplace Travel Plans

The implementation of effective Mobility Management Plans, which includes Workplace Travel Plans, is an effective means of reducing private car use to and from a development. They are required through the Development Management process for a broad range of land uses, including residential, retail, employment, education, leisure and health. Such plans must be dynamic and evolving documents monitored and reviewed on a regular basis. To achieve effective travel plans, full details are provided in Workplace Travel Plans – A Guide for Implementers and Toolkit for School Travel, both published by the NTA. The Smarter Travel Workplace Programme which is managed by the NTA continues to engage with a number of large employers including Fingal County Council in the implementation of Workplace Travel Plans.

Objective DMSO115 Mobility Management Plan

For all new developments which are likely to generate a significant demand for travel, require the preparation and submission of a Mobility Management Plan as part of the development management process. This requirement includes existing developments that are expanding or intensifying their use.

14.17.4   Traffic and Transport Assessment

Applications for proposed new residential, commercial, mixed use, industrial and educational developments shall be accompanied by a Traffic and Transport Assessment (TTA) as required by the Council. Developments shall have regard to the TII Traffic and Transport Assessment Guidelines, 2014 and any subsequent updated guidelines, where applicable.

Objective DMSO116 Traffic and Transport Assessment

Require the provision of a Traffic and Transport Assessment where new development is likely to have a significant effect on travel demand and the capacity of the surrounding transport network including the road network and public transport services network.

14.17.5  Road Network and Access

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 strong network of regional and local roads. These serve an important economic, social and community function, often being the sole means of access for local economic activity. Many rural parts of the County in particular are very reliant on the 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. Where new entrances are necessary, the relevant road design standards will be applied (DMRB in rural situations and DMURS in urban situations).
 

Objective DMSO117 Motorway Access

Prohibit development requiring access onto a 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 DMSO118 Restriction of New Access Arrangements

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 DMSO119 Provision of Building Setbacks

Seek to provide appropriate building setbacks along the road network to facilitate future road improvements.

14.17.6  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 DMSO120 Road Safety Measures

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

14.17.7   Car Parking

This Plan provides for the creation of two distinct parking zones to ensure adequate residential parking provision and the control of destination car parking. This approach also allows greater flexibility in the application of car parking standards on sites in areas with varying levels of road and public transport provision. The two zones are detailed in Table 14.18 and the car parking standards are set out in Table 14.19.

Table 14.18 Car Parking Zones

Car Parking Zones

Primary Areas

Zone 1

Relates to developments within 800m of Bus Connects spine route, 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 within the County.

Table 14.19 Car Parking Standards

Land Use Category

Zone 1:

Developments within 800m of a high-quality bus service, or 1600m of an existing or planned Luas/DART/Metro Rail station or in lands zoned Major Town Centre***

Zone 2:

All other areas

Residential

Residential

(1-2 Bedroom)

0.5

Max

1 plus 1 visitor space

per 5 units

Norm

Residential

(3-3+ Bedroom)

1

Max

2 plus 1 visitor space

per 5 units

Norm

Sheltered housing

0.5

Max

0.5 plus 1 visitor space

per 5 units

Norm

Student housing

0

 

1 per 20 bed spaces

 

Education

Pre-school facilities/creche

0.5 per classroom

Max

0.5 per classroom

Norm

Primary school

1 per classroom

Max

1.5 per classroom

Norm

Special needs unit

2 per classroom

Max

2 per classroom

Norm

Post Primary school

1 per classroom

Max

1.5 per classroom

Norm

College of Further Education

3 per lecture

theatre

Max

10 per lecture theatre

Norm

Health & Institutions

Hospital

1 per 3 beds

Max

1.5 per bed

Norm

Nursing home

1 per 8 beds

Max

1 per 4 beds

Norm

Clinic, Group Medical practices

1 per consulting room

Max

2 per consulting room

Norm

Church, place of worship

1 per 10 seats

Max

1 per 5 seats

Norm

Funeral Home

1 per 40 m2

Max

1 per 20m2

Norm

Community

Community Centers

1 per 100m2

Max

1 per 50m2

Norm

Library

1 per 40 m2

Max

1 per 20m2

Norm

Sports Ground, pitched

TBDPA**

Max

TBDPA**

Norm

Sports Club, Gymnasium, Fitness center

1 per 40m2

Max

1 per 20m2

Norm

Golf course

1 per 6 holes

Max

1 per 6 holes

Norm

Pitch and putt Course

1 per 3 holes

Max

1 per 3 holes

Norm

Leisure: Pubs, Restaurants, Hotels and Conferencing

Caravan / mobile home park

1

Max

1

Norm

Hotel, Motel, Motor Inn, Guest House

1 per 5 rooms

Max

1 per room

Norm

Conference Centers

1 per 10 seats

Max

1 per 5 seats

Norm

Takeaways

none

Norm

1 per 30m2

Norm

Function room

1 per 30m2

Norm*

1 per 15m2

Norm*

Dance

Hall/Discotheque Night Club

none

Norm*

1 per 15m2

Norm*

Auditorium,

Theatre, Cinema, Stadium

1 per 10 seats

Norm*

1 per 3 seats

Norm*

Retail

Food store (icl.

discount food store)

1 per 20m2

Max

1 per 20m2

Max

Shopping Centre

1 per 20m2
Excludes circulation areas

Max

1 per 20m2
Excludes circulation areas

Max

Warehouse Club

 

Max

1 per 20m2

Max

Bank, Building society

1 per 60m2

Max

1 per 30m2

Max

Retail Comparison

 

Max

1 per 30m2

Max

Retail Convenience (<200sqm)

1 per 60m2

Max

1 per 30m2

Max

Garden centre

1 per 30m2

Max

1 per 30m2

Max

Warehouse (e.g. furniture, White goods)

1 per 30m2

Max

1 per 30m2

Max

Show room, e.g Car show room

1 per 50m2

Max

1 per 50m2

Max

Employment

Offices-General

1 per 80m2

Max

1 per 40m2

Max

Offices- Science & Technology

1 per 100 m2

Max

1 per 50m2

Max

Offices – Call centre

1 per 80m2

Max

1 per 40m2

Max

Industry-General

1 per 100m2

Max

1 per 50m2

Max

Industry-Bio-medical

1 per 100m2

Max

1 per 50m2

Max

Industry-Data Centres

1 per 200m2

Max

1 per 100m2

Max

Warehouse and distribution

1 per 200m2

Max

1 per 100m2

Max

Notes:

* Complementary uses to be encouraged.

** To be determined by the Planning Authority.

***Zone 1 relates in addition to areas covered by a section 49 schemes.

In the case of any development type not specified above, the Council will determine the parking requirement having regard to the traffic and movement generation associated with the development and the other objectives of this Plan.

A reduced car parking provision may be acceptable where the Council is satisfied that good public transport links are already available or planned and/or a Management Mobility Plan for the development demonstrates that a high percentage of modal shift in favour of the sustainable modes will be achieved through the development.

These requirements do not apply to development located in Town Centres as identified in this Plan where the development involves the re-use/refurbishment of an existing occupied or vacant building, any change of use or where small-scale infill developments (including residential) are proposed.

14.17.8  Accessible Car Parking

A minimum of 5% of car parking spaces provided should be set aside for disabled car parking in non- residential developments. Where the nature of particular developments are likely to generate a demand for higher levels of disabled car parking, the Council may require a higher proportion of parking for this purpose. Disabled car parking spaces should be provided as close as reasonably possible to building entrance points and allocated and suitably sign posted for convenient access.

Provision for designated parent and child car parking provision is encouraged in certain circumstances. Parent and child parking spaces should be provided as close as reasonably possible to building entrance points and should be allocated, sign posted and appropriately managed.

14.17.9 Motorcycle Parking

Motorcycle parking should be provided to meet the requirements of any development. Parking spaces should be provided on the basis of one motorcycle parking bay per 10 car parking spaces provided for non-residential developments and apartment developments. Spaces should be provided in locations convenient to building access points, similar to cycle parking requirements. Where parking is provided within streets and spaces drop-kerbs should be provided to facilitate access to motorcycle parking bays.

14.17.10 Electric Vehicle Parking

To encourage the use of Electric Vehicles (EVs), developments shall provide the following minimum standards for EV charging points and infrastructure:

  • All multi-unit residential developments shall incorporate EV charging points at 20% of the proposed parking spaces and appropriate infrastructure (e.g. ducting) to allow for future fit out of a charging point at all parking spaces.
  • Non-residential development shall be required to provide functioning EV charging points at a minimum of 10% of all spaces and all other spaces shall incorporate appropriate infrastructure (ducting) to allow for future fit out of a charging point at all spaces.
  • Publicly accessible EV parking spaces should be clearly marked and be capable of communicating usage data with the National Charge Point Management System. EV parking spaces for accessible spaces should also be included in the development where these exist.
  • All other parking spaces, including in residential developments, should be constructed to be capable of accommodating future charging points as required.

Objective DMSO121 Car Parking at Places of Work and Education

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 shall be in accordance  with the standards set out in Table 14.19 and the associated criteria for car-parking provision set out in this Plan.

Objective DMSO122  Coach Parking

Facilitate coach parking at appropriate locations subject to the appropriate analysis and assessment of need.

14.17.11  Pay and Display

Where Pay and Display systems are in operation, it may be possible that the parking demand created by new developments can be accommodated on-street. In instances where parking provision is reduced based on the provision of on-street parking, a contribution in lieu of parking may be appropriate.

Objective DMSO123  Retail Developments

New retail developments with more than 50 car parking spaces shall be required to have paid parking arrangements in place. This objective shall also apply to existing retail developments which propose to increase their car parking to more than 50 spaces.

Objective DMSO124  Pay and Display

In towns and villages with Pay and Display parking, developers may pay a contribution in lieu of car parking at a rate of of up to €20,000 (twenty thousand euro) per space.

14.17.12  Development Contributions and Transport Infrastructure

Financial contributions will be sought as part of the development management process for certain development under the provisions of Section 48 and Section 49 of the Planning and Development Act, 2000 (as amended). Section 48 (general) schemes relate to proposed provision of public infrastructure and facilities which benefit development within the area of the Planning Authority, and are applied as a general levy on development. A ‘special’ contribution under Section 48(2) (c) may be required where specific exceptional costs not covered by the general scheme are incurred by a Local Authority due to a specific development.

Section 49 (supplementary) schemes relate to the separately specified infrastructural service or projects such as Metro, LUAS extensions, rail or roads infrastructure, which benefit a specific area (normally a corridor). Where schemes overlap with another Local Authority, the Section 49 Scheme will be developed in conjunction with that Local Authority.

Objective DMSO125   Section 48 and 49 Contributions

Utilise, where appropriate, the provisions of Section 48 and 49 of the Planning and Development Act, 2000 (as amended) to generate financial contributions towards the capital costs of providing local and strategic transport infrastructure, services or projects in the County. This will be done in conjunction with adjoining Local Authorities where appropriate.


14.18  Green Infrastructure & Natural Heritage

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. Submission of an ‘Integrated Green Infrastructure Plan’ as part of Pre-Planning Submissions to the Council. This plan shall show existing natural features (hedgerows, significant trees, waterbodies) and the proposed green infrastructure network within the development. These proposals should include;

  • Details of open space development proposals
  • Urban and river ecological corridors
  • SuDS measures
  • Green roofs & walls location and specifications
  • Locations of bird, bat and invertebrate boxes
  • Permeable paving (grasscrete or similar)
  • Tree-lined streets
  • Biodiversity enhancement of private gardens and hedgerow management proposals.
  • Linkages to the surrounding open space and/or natural landscapes
  • Walking and cycling infrastructure in the area.

Objective DMSO126

Require the submission of an Integrated Green Infrastructure Plan as part of planning applications for residential developments over 50 units and all commercial developments over 2000 sqm.


14.18.1  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 policies for trees which are the responsibility of the Council including street tree planting, management and maintenance.

Objective DMSO127 Management of Trees and Hedgerows

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

Objective DMSO128  Protection of Trees and Hedgerows during Development

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 Construction – Recommendations’ or as may be updated and are monitored by the appointed arboriculatural consultant

Objective DMSO129  Use of Native Species in New Developments

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

Objective DMSO130  Demarcation of Townland Boundaries

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

Objective DMSO131   Tree Selection

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

Objective DMSO132  Planting of Large Canopy Trees

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 DMSO133   Street tree Planting Plans

Street tree planting plans shall accompany developments over 50 units. Constructed tree pits will be required where trees are planted in hard surfaces and grass verges less than 1.2m wide. These plans will include the location of each constructed tree pit of a minimum rooting volume of 16 cubic metres, lamp standards and underground services. The location of tree planting in proximity to built features including footpaths must refer to BS5837:2012 Trees in relation to design, demolition and construction - Recommendations The width of grass verges where tree planting is proposed must be labelled on landscape plans.

Objective DMSO134  Planting along Distributor Roads

Ensure new Distributor Roads or similar provide for grass verges of a minimum width of 2.4 metres to allow for avenue tree planting and where necessary provide for constructed tree pits as part of the landscape specification. Road verges shall be a minimum of 1.2 metres wide at locations where small canopy trees are proposed.

Objective DMSO135  Location of new Trees

Where new trees are being planted, these will be located so they do not cause future interference to streetlights, typically trees shall be located so there is a distance of no less than 7m from the centre of the main stem to the lighting pole.

Objective DMSO136  Site Summary of Specimen Removal, Retention and Planting

Regardless of development size or type, applicants must submit an overall site summary quantifying and detailing the following:

  • tree and hedgerow removal,
  • tree and hedgerow retention and
  • new tree and hedgerow planting.

This information will be submitted in a digital format agreed with the Council to allow amalgamation and reporting on tree and hedgerow cover within the County over time.

Objective DMSO137  Tree Planting and Sub-Surface Archaeology

Avoid any new tree planting in areas which have sub-surface archaeology preserved in situ. There should be a minimum set-back of 20m from the boundaries of archaeological remains for any tree planting; 30m set-back from skeletal remains.

Objective DMSO138  Tree Selection within Developments

Tree planting within developments shall adhere to the 30:20:10 rule in relation to tree selection in order to prevent an over reliance on certain genera or species in the existing stock and to combat climate change. Species and varieties will be selected to meet the requirements of the 30:20:10 rule - no more than 30% of trees from any one family, 20% from a single genus or 10% from a single species.

Objective DMSO139  Replacement of Removed Trees

Ensure trees removed from residential areas are replaced, where appropriate, within the first planting season following substantial completion of construction works.

14.18.2   Natural Heritage

14.18.2.1   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 move towards no net loss of biodiversity through development management, to include policies and objectives in their County Development Plans for the protection and restoration of biodiversity and to develop a Green Infrastructure network at local level and promote the use of nature-based solutions for the delivery of a coherent and integrated network.

Objective DMSO140  Protection and Enhancement of Biodiversity

Ensure all development and infrastructure proposals include measures to protect and enhance biodiversity leading to an overall net biodiversity gain.

Objective DMSO141  Ecological Study

Ensure that an ecological study is carried out of the development site covering habitats and flora, breeding birds, bats and amphibians to identify existing ecological valuable features and the species composition of the site.

Objective DMSO142  Protection of Existing Landscape

Protect existing landscape features such as scrub, woodland, large trees, hedgerows, meadows, ponds and wetlands which are of biodiversity or amenity value and/or contribute to landscape character and ensure that proper provision is made for their protection and management.

Objective DMSO143  Incorporation of Habitat Features

Incorporate habitat features (new or existing) and other conservation measures for species of conservation interest (e.g. legally protected species or Amber & Red listed bird species) in the ‘Integrated Green Infrastructure Plan’.

Objective DMSO144  Invasive Species Control Plan

Where invasive plant species such as Japanese Knotweed, Giant Hogweed, Himalayan Balsam, Rhododendron Ponticum and three-cornered leek are present on a development site, the developer shall submit an invasive species control plan as part of the planning process. This control plan will describe what and where invasive species are present and what control measures will be implemented, who will implement these and when they will be implemented. Annual monitoring reports on the control program are to be submitted to the planning authority until the invasive species is eradicated.

Objective DMSO145  Habitat Facilities for Wildlife Species

Require all new developments to incorporate habitat facilities for wildlife species as appropriate including Kestrel, Peregrine, Swifts, House Sparrows, Swallow, Starling, Bats and insects in or on buildings facades.


14.18.2.2  Biodiversity Conservation in Fingal - Core Biodiversity Conservation Areas and their Buffer Zones

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 DMSO146  Appropriate Assessment

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 DMSO147  Screening for Appropriate Assessment

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 DMSO148  Natura Impact Statements

Ensure that Natura Impact Statements (NIS) 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 DMSO149  Natura Impact Statement Guidance

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 DMSO150  Ecological Impact Assessment

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 Flora Protection order & Red Data Book species and their habitats. Ensure appropriate avoidance and mitigation measures are incorporated into development proposals as part of any ecological impact assessment.

Objective DMSO151  Protection of Bats

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.

Objective DMSO152 External Lighting and Noise at Sensitive Locations

Minimise the environmental impact of external lighting and noise at sensitive locations to achieve a sustainable balance between the needs of an area, the public safety of walking and cycling routes and the protection of sensitive species such as bats.

Objective DMSO153  Fingal Biodiversity Action Plan

Applicants should consult the Fingal Biodiversity Action Plan to ascertain its implications for any planning proposals.

14.18.2.3  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 DMSO154  Planning Guidelines for Nature Development Areas

Implement planning guidelines for Nature Development Areas and corridors as outlined in the Fingal Biodiversity Action Plan.

14.18.2.4   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 rural and urban landscape. Many species of wildlife will use corridors for feeding, resting, migrating, overwintering and breeding including birds, small mammals, amphibians and reptiles, insects and large mammals. Depending on the width and design of the corridor a species can migrate between sites or spend its entire lifecycle within the corridor due to the suitability of the habitat.

Objective DMSO155  Green Corridors

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

Objective DMSO156  Ecological Corridors

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 along the main channels of following rivers Liffey, Tolka, Pinkeen, Mayne, Sluice, Ward, Broadmeadow, Ballyboghil, Corduff, Matt and Delvin, Bracken River, Daws River, Richardstown River, Turvey River (see Green Infrastructure Maps). A minimum 10m wide riparian buffer strip applies to lands within urban areas - i.e. within designated settlement boundaries (as per FCC’s Settlement Hierarchy set out in Chapter 2 Planning for Growth). Additional width may be required to provide for additional protections of sensitive habitats, as appropriate.

Objective DMSO157  Development Along Watercourses

Ensure that no development, including pathway infrastructure, clearance and storage of materials, takes place within 10m as a minimum, measured from each bank of any river tributary or small stream or watercourse in the County (see Green Infrastructure Maps).

Objective DMSO158  Urban Ecological Corridors

Protect, develop and enhance terrestrial urban ecological corridors along existing linear features such as hedgerows where possible with a minimum corridor width of 25m. These corridors comprise of a mixture of hedgerow, scrub, rank grassland, wildflower meadow, ponds, marshland and dead timber. SuDS features such as ponds and wetlands can be incorporated within these corridors. Green corridors should be incorporated into all new large developments, as part of multi- functional Green Infrastructure provision, linking large areas of open space and linking with areas outside the development site.

Objective DMSO159  Protection of Rivers and Streams

Protect rivers and streams and maintain them in an open state capable of providing suitable habitat for fauna and flora, including fish. Deculvert or ‘daylight’ existing culverts where appropriate and in accordance with relevant river catchment proposals restore the watercourse to acceptable ecological standards for biodiversity wherever possible improving habitat connection and strengthening the County’s GI network.

Objective DMSO160  Inclusion of Mammal Ledges or Tunnels

Protect the ecological corridor function along rivers by including mammal ledges or tunnels in new bridges over any of the main rivers: Liffey, Tolka, Pinkeen, Mayne, Sluice, Ward, Broadmeadow, Ballyboghil, Corduff, Matt and Delvin. New bridge structures will also cater for Dipper boxes and Bats where possible. Where new road infrastructure crosses significant urban ecological corridors, tunnels shall be installed underneath the road to facilitate movement of small mammals and amphibians.

Objective DMSO161  Riparian Corridors

Require development proposals that are within riparian corridors to demonstrate how the integrity of the riparian corridor can be maintained and enhanced having regard to flood risk management, biodiversity, ecosystem service provision, water quality and hydromorphology.

14.18.2.4 Geology

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

Objective DMSO162  County Geological Sites

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

14.18.3  Landscapes Principles for Development

  • Skylines, horizon and ridgelines should be protected from development.
  • Sites with natural boundaries should be chosen, rather than elevated or open parts of fields. The form of new developments should be kept simple and they should be sited within existing shelter planting or within the contours of the land to minimise visual impact.
  • Clustering with existing farmhouse and/or farm buildings is generally preferable to standalone locations.
  • Field and roadside hedgerows should be retained. Proposals necessitating the removal of extensive field and roadside hedgerows should not be permitted.
  • The retention and active management of trees and woodland blocks should be promoted.
  • The use of trees and woodlands to contain new development should be encouraged.
  • Strong planting schemes using native species, to integrate development into these sensitive landscapes, will be required. New planting needs to be carefully located and selected.
  • The management of the river margins should be promoted and development along the riverside which will intrude on the character of the river valleys should be restricted.
  • Estuary margins and any hedgerows along the margins must not be disturbed.
  • The special character of the coast should be protected by preventing inappropriate development on the seaward side of coastal roads.
  • The character of the coastal visual compartments should be retained by preventing intrusive developments on headlands, promontories and coastal lands within the compartments. The coastal skyline should be protected from intrusive development.

Objective DMSO163  Landscape / Visual Assessment

Require a landscape/Visual assessment to accompany all planning applications for significant proposals that are likely to affect views and prospects.

14.18.4  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 DMSO164  Coastal Erosion

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 DMSO165  Coastal Flooding

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. Prohibit development within areas liable to coastal flooding under existing to 1m sea-level rise flood scenarios 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.

Objective DMSO166 Coastal Development

Protect the scenic character of the coast by limiting development on the seaward side of coastal roads. New development for which a coastal location is required shall, wherever possible, be accommodated within existing developed areas.

14.19  Heritage, Culture Arts

14.19.1  Site Assessment

A thorough site assessment is an essential stage in the preparation of any development proposal and should be carried out prior to starting any design work to help inform and direct the layout, form and architectural treatment of the proposed scheme and identify issues that may need to be avoided, mitigated for or require sensitive design and professional expertise. Features, structures or planting that add character or value to the site should be retained and the scheme designed around these. The site assessment should evaluate:

  • Character of the site & its setting
  • Existing buildings
  • Access to the site
  • Services
  • Protected Designations
  • Rare and protected species (such as bats)


14.19.1.1  Character of the site and it’s 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.


14.19.1.2  Existing Buildings/Structures

Where structures exist on a site their embodied carbon needs to form part of the considerations for any redevelopment to ensure the proposal adheres to sustainable development goals. Adaptive re- use and transformation of existing buildings should be the first consideration before demolition and replacement. The architectural or vernacular quality, style and materials of the buildings on the site should also form part of the evaluation as the Development Plan contains objectives to retain and re- use the historic building stock, vernacular structures and 20th century architecture of merit. An analysis of historic maps should be carried out where older buildings exist on a site to inform the assessment process (there are a number of online map viewers that have digital historic map layers).

14.19.1.3  Access to site

Identify and utilise existing entry points where possible for vehicular and pedestrian access routes to the site and limit the removal of boundary planting or historic boundary treatments; delineate any Rights of Way or Easements on the property.

14.19.1.4  Services

Detect existing connections or services for water, sewage, electricity, broadband/telecommunications. Consider sustainable options for new services where they do not exist on the site.

14.19.1.5  Protected Designations

Check whether any statutory designated sites are within or adjoin the boundaries of the property and where they exist the proposal should adhere to national policy and Development Plan direction for proposals that directly or indirectly affect these sites. The statutory designations included 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.

14.19.1.6  Rare or Protected Species

Surveys should be carried out to ensure that the habitats of protected or rare species do not exist on the site. This will be particularly pertinent where buildings have been unoccupied for a period, where the site it overgrown, or where the site has extensive areas of natural vegetation or contain watercourses.

Objective DMSO167  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 or require sensitive design and professional expertise. Features, structures or planting that add character or value to the site should be retained and the scheme designed around these. The site assessment should evaluate:

  •  Character of the site & its setting
  • Existing buildings/structures & their embodied carbon
  • Access to the site
  • Services
  • Protected Designations
  • Rare and Protected species both flora and fauna (e.g. bats, otters)

 

Table 14.20 Threshold for Architectural, Landscape and Visual Impact Assessment Reports.

Reports

Threshold

Residential

Commercial

Archaeological Impact Assessment (AIA)

In proximity to recorded monuments (RMPs) and/or areas with a density of known archaeological monuments and history of discovery

Development involving ground clearance of more than 0.5 hectare or linear development over one kilometre in length

Development involving ground clearance of more than 0.5 hectare or linear development over one kilometre in length

Architectural Heritage Impact Assessment

Any development relating to a protected structure or within the curtilage & attendant grounds of a protected structure. Also, for development within the boundary of an ACA where it impacts on a building that contributes to the character of the ACA or is of large scaled development within an ACA

For Protected Structures or within an ACA that are of a complex nature or where proposals are likely to have a significant impact on the architectural heritage

For Protected Structures or within an ACA that are of a complex nature or where proposals are likely to have a significant impact on the architectural heritage

Designed Landscape Appraisal

For any historic designed landscape. These can be identified on the first edition of the Ordnance Survey Maps (published 1843) which is available on several map viewers, including OSI.

A Designed Landscape Appraisal should accompany any development proposal for an historic demesne and/or designed landscape

A Designed Landscape Appraisal should accompany any development proposal for an historic demesne and/or designed landscape

 

 

Visual Impact Assessment

For large sized developments or proposals for buildings that are taller than the existing built environment scale

Site specific

Site Specific

14.19.2  Archaeological Heritage

Preservation in situ of all archaeological remains will always be preferred over preservation by record. All development shall be carried out in accordance with the requirements of the Framework and Principles for the Protection of Archaeological Heritage, DAHGI (1999) and other National policy and guidelines for the archaeological heritage and shall be designed to have minimal impact on archaeological features.

Objective DMSO168   Archaeological Sites

Exempted development does not apply to any development that would consist of or comprise the alteration of any archaeological site.

Objective DMSO169  Requirement for the Employment of an Archaeologist

Where a development site is in proximity to recorded monuments (RMPs)/sites and monuments record (SMR) and/or areas with a density of known archaeological monuments and history of discovery; within a Zone of Archaeological Notification, is over 0.5 hectares in size, or for linear developments more than 1km in length, the applicant shall employ a suitably qualified archaeologist to carry out an Archaeological Impact Assessment (AIA) at pre-planning stage and report on any necessary site investigation works prior to an application being lodged.

Objective DMSO170  Archaeological Impact Assessment

All development proposals which may have implications for archaeological heritage shall be accompanied by an Archaeological Impact Assessment. This assessment will consist of the following:

  • Site inspection/walk-over survey,
  • Archaeological heritage of the receiving area,
  • Examination of upstanding or visible features or structures,
  • Topographical assessment including historic townland boundaries,
  • 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.
  • Geophysical survey, archaeological test excavation, where appropriate, which should be carried out by suitable qualified professionals (geophysicists and archaeologists),
  • Identification of potential direct and in-direct impacts of the proposed development on archaeological remains.
  • Identification of climate change vulnerability
  • Mitigation measures to ameliorate any such impacts of the proposed development on the definition of the buffer area surrounding the monument which will preserve the setting and visual amenity of the site.
  • Provision of details on protection measures to be used on site.

Objective DMSO171  Conservation and Management PLan  

If a monument included in the Record of Monuments and Places (RMP)/Sites & Monuments Record (SMR) lies within the open space requirement of any development, a conservation and management plan for that monument will be required as part of the overall landscape plan for that proposed open space.

Objective DMSO172  Visual Impact Assessment

A Visual Impact Assessment may be required for development proposals in the vicinity of upstanding remains.

Objective DMSO173  Protection of Historic Townland Boundaries

Avoid detrimental impacts on historic townland boundaries. Should an historic townland boundary or section thereof be impacted a survey and photographic record should be undertaken prior to removal.

Objective DMSO174  Referral of Development Proposals to Minister

All planning applications and other development proposals which are in, or might affect, sites and features of historical and archaeological interest, will be referred to the Minister through the Department of Housing, Local Government and Heritage and to the Heritage Council. In considering such planning applications, the Planning Authority will have regard to the views and recommendations of the National Monuments Service, Department of Housing, Local Government and Heritage and other interested bodies.

Objective DMSO175  Archaeological Excavation

Where preservation in situ is not feasible, sites of archaeological and/or industrial heritage interest shall be subject to a full archaeological excavation and post excavation analysis according to best practice in advance of redevelopment. This can only be permitted by licence from the National Monuments Service of the Department of Housing, Local Government and Heritage.

Objective DMSO176  Preliminary Excavation Report

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. A preliminary excavation report in digital and hard copy shall be submitted to the planning authority for the attention of the Heritage Officer within four weeks of the completion of the excavation and a detailed final report submitted within twelve months of the completion of the excavation.

Objective DMSO177  Publication and / or Public Outreach of Archaeological Excavations

Dependent on scale and/or significance of archaeological excavations, provision should be made for publication and/or public outreach, to share the results of the archaeological resolutions with the general public.

Objective DMSO178  Unrecorded Archaeological Object or Site

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 Housing, Local Government and Heritage on the matter.

Objective DMSO179  Archaeology in the Planning Process  

Applicants shall have regard to Archaeology in the Planning Process (Office of the Planning Regulator, 2021) and Archaeology and Development Guidelines Good Practices for Developers (Heritage Council, 2000).

Objective DMSO180  Excavation Reports Guidelines

All archaeological reports submitted with a planning application and/or prepared in compliance with planning permission shall be produced in accordance with Excavation Reports Guidelines for Authors, (NMS, 2006).

Objective DMSO181  Archaeological Best Practice

Archaeological work shall be carried out in accordance with current archaeological best practice policy and guidance published by the National Monuments Service, and with reference to technical guidelines issued by the Institute of Archaeologists of Ireland and Transport Infrastructure Ireland. Where National technical best practice guidelines are unavailable, internationally recognised best practice guidance may apply.

Objective DSMS182  Archaeology Services and Contracts

Where archaeology services are incorporated into fixed priced contracts, the contract shall be prepared with regard to Standard and Guidance Procedures for Archaeological Services in Fixed Price Contracts used in the Republic of Ireland, (IAI, 2012).

Objective DMSO183 Archaeological Excavation Strategy and Guidelines

Archaeological excavations shall comprise a specialist-led environmental site strategy and conducted in accordance with Environmental Sampling: Guidelines for Archaeologists, (IAI, 2007).


14.19.3  Architectural Heritage

14.19.3.1  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:

Table 14.21 Directions for Proposed Development of Protected Structures

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 and 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 Structure 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 L (Energy) & Part M (Access) regard should be had of the Department of Housing, Local Government & Heritage's Advice Series on historic materials and built heritage considerations.
  • A sensitive design approach is 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. A statement should be provided as to how the proposal responds to the special interest and the setting of the Protected Structure.
Table 14.22 Documentation to accompany Planning Applications for Protected Structures

It is recommended that pre-planning consultation takes place with the Architectural 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.

Architectural Heritage Impact Assessment

This will be required for proposals affecting buildings of a complex nature or for development that is likely to have a significant impact on the architectural heritage. See Table 14.23 for what should be contained within an AHIA

Objective DMSO184  Works to a Protected Structure

All planning applications for works to a Protected Structure shall have regard to the direction in Table 14.21 and provide the documentation set out in Table 14.22.

Table 14.23 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 DMSO185  Architectural Heritage Impact Assessment

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 Table 14.23 & Appendix B of the Department of the Arts Heritage and Gaeltacht’s Architectural Heritage Protection Guidelines for Planning Authorities.

14.19.3.2  Demolition of a Protected Structures

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 DMSO186 Demolition or Alteration of Protected Structures

Prevent the demolition or inappropriate alteration of Protected Structures.

14.19.3.3  Architectural Conservation Areas

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 14.24 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

  • Demolition of structures that positively contribute to the streetscape character will not normally be permitted.

  • Avoid the removal of buildings that form part of the general character of the ACA as the slow but gradual attrition of individual modest buildings within an ACA can fundamentally alter the character and attractiveness of the place.

  • 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 should 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 principal 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.

  • 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.

  • 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.

14.19.3.4  Documentation to accompany Planning Applications within ACAs

The Planning Regulations indicate that planning applications for the carrying out of works to the exterior of a 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 DMSO187  Retention of Existing Building Stock within an ACA 

Retain the existing building stock within an ACA where possible and 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 DMSO188  Planning Applications within an ACA

All planning applications for works in an Architectural Conservation Area shall have regard to the information outlined in Table 14.24.

 

14.19.3.5  Signage

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

Table 14.25: Guidance for Signage on Protected Structures or within ACA’s

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. Traditionally signage was hand painted directly onto the building or onto a facscia board and this is still the most appropriate method of signage, particularly in historic areas. Where lettering or signage boards are being fixed onto a building details of the fixing methods onto the wall surface of an older building 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 Architectural Conservation Officer in such cases.

Positioning of Signage

Signage should normally be contained within the ground floor level i.e. below the window sills on the first floor. For businesses at first level and above or basement level signage these should be located at their entrance point or may be placed within upper floor or basement wndows if discreetly designed. The placement of signage boards on external walls at upper level is not appropriate.

Fascia

The fascia panel or board carries the name of the shop over the shop window. Neon or animated signage, plastic fascia boxes, or plastic boards are not appropriate on Protected Structures or in ACAs. Hand painted lettering onto the building or onto timber fascia boards or individually mounted lettering is generally preferred. Fascias should not be visually dominant or overly deep. The lettering or text should generally be limited to just the name of the shop and the street number. 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 were not a feature of historic Irish townscapes. Modern versions 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, they should not be illuminated or animated, not advertise a product, and should be fixed by a bracket rather than direct to the wall. 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, limited to the shopfront area and subtly concealed by details of the building or shopfront or confined to rear illumination of the individual letters. Lighting should be white in colour rather than coloured. Floodlighting, neon lighting, projecting arm brackets and horizontal strip lighting is to be avoided. Lighting of the entire building should not be permitted.

Corporate Signage

Standard corporate signage, branding and logos must be compatible with the individual building. Corporate signage which would detract from the character of Protected Structure or 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 event 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 be carefully considered. The preferred material is heavy-duty cotton with painted metal or timber hardware. They should be a traditional style, 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 should be avoided and should not be placed on security shutters.

Digital Signage & Rotation Signs

In general these are large signs or screens that are for product placement and change advertisments multiple times. They are often found on phone kiosks or bus-shelters but can be independent freestanding units. Often they add to the visual clutter on a streetscape and are not an acceptable form of signage within an ACA or on a Protected Structure. External digital signage for product placement such as on pubfronts or convenience stores are also not appropriate. Smaller digital screens to display information related to the specific business offer that are positioned within the interior of the commercial unit or on the inner side of the display window at ground floor may be acceptable subject to the design being agreed with the planning authority and Architectural Conservation Officer but digital signage on upper floors should be avoided. Small, discreetly-designed digital information panels within the public realm may also be appropriate subject to design.

Totem or Monolith Signs

These types of overly large, tall signs are most often associated with the display of pricing for fuel at petrol stations but have also been used by some modern supermarket chains 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 or freestanding within the public realm or within station complexes. The insertion of a new billboard within an ACA or onto a Protected Structure should not be permitted and where they already exist their removal should be encouraged. Large, visually-dominant digital billboard screens are not acceptable in any form on or close to a Protected Structure or within an ACA.

Gable Signage

For most premises signage should be limited to the entrance area of the building or the shop front area. The insertion of any form of board or illuminated signage on a gable of a Protected Structure or within an ACA is not appropriate. Hand painted gable signage by a traditional sign artist or writer may be permitted onto rendered walls where it is limited to the name of the business only, is an appropriate scale not to overly dominate the building and the design has been agreed with the planning authority and Architectural Conservation Office. The painting of signage onto a stone or brick finished building is not appropriate.

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.

Murals

The placement of a mural on the external wall of a Protected Structure or a building within an ACA needs to be carefully considered and requires planning permission. Consultation with the Arts Office & Architectural Conservation Office is required prior to the submission of a planning application. The mural should not be an advertisement or product placement.

 

Objective DMSO189  Signage on a Protected Structure

All planning applications for signage on a Protected Structure or within an Architectural Conservation Area shall have regard to the guidelines outlined in Table 14.25.

14.19.4  Designed Landscapes – Historic Gardens, Demesnes and 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 attendant grounds and should not server this or interrupt designed vistas and routes.
  • Proposals within historic designed landscapes need to identify and understand the original design intention and significance of trees & planting schemes, vistas/views, purpose & placement of supplementary structures (e.g. follies, terraces, walled gardens, ha-has, ice- houses, embankments) and seek not just to retain these but for them to inform the design and location of new development so that it respects and avoids impacting on significant built or natural landscape features.
  • 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.
  • A Designed Landscape Appraisal is required where a proposed development is to be sited within or adjacent to a historic or culturally significant garden, demesne or landscaped estate or will impact on its setting.

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 DMSO190 Designed Landscape Appraisal

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

  • Identification and description of the original development, history, structures, features and boundaries of the designed landscape.
  • Ecological assessment, including identification of any protected habitats or species.
  • Evaluation of the significance of the historical landscape, including the identification of significant built and landscape features within the site that must be retained.
  • 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.

14.19.5  Vernacular Heritage & Other Built Heritage Assets

The retention and reuse of vernacular buildings and other non-protected built heritage assets that contribute to the distinctive character of the rural or urban areas of Fingal is supported and

encouraged by the Council. The majority of 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 or traditional constructed building stock.

Table 14.26: Direction on Development & Vernacular Buildings or Other Built Heritage Assets

An assessment of the existing buildings on the site should be carried out through an analysis of historic maps and an appraisal of the building's fabric and features. Development proposals should seek to retain and incorporate existing older buildings of merit or character be they vernacular, historic or 20th century structures.

Proposals affecting vernacular buildings need to be accompanied by a detailed measured survey, photographic record and written report carried out by a professional with appropriate conservation expertise, preferably with an understanding of vernacular buildings. Where layers of historic thatch still survive within the building the proposal needs to clearly state how the thatch is to be dealt with. The conservation expertise should be retained to supervise and certify the proposed works and ensure that the existing building is properly supported prior to and during construction works.

Appropriate materials and methods are to be used to carry out repairs to the historic fabric of older buildings.

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 vernacular buildings or the historic building stock 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.

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).

Seek the retention of surviving historic plot sizes and street patterns in the villages and towns of Fingal and incorporate ancient boundaries or layouts, such as townland boundaries, into re-developments.

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

New insertions into historic townscapes/streetscapes should ensure the proposed design is carefully handled with a sensitivity and understanding of the fundamentals of Irish vernacular buildings and with exact details of appropriate, good quality materials/finishes

Direction for the design of new insertions in historic towns and villages or for extensions to existing older or vernacular buildings should be taken from the historic building stock of the area but can be expressed in a contemporary architectural language.

 

Objective DMSO191  Structures Contributing to Distinctive Character

Where development is proposed for a site that contains a vernacular or historic building, 20th century building of merit and/or structures that contribute to the distinctive character of the rural or urban areas of Fingal then the scheme should have regard to the direction in Table 14.26.

14.19.6  Industrial Heritage

Objective DMSO192  Fingal Industrial Heritage Survey

Proposed developments shall have regard to the Fingal Industrial Heritage Survey and should evaluate any above and below ground industrial heritage features. Where industrial remains are identified, the application may be required to engage the services of an industrial heritage expert to prepare a specialist report.

Objective DMSO193  Adaptive Re-Use of Industrial Heritage Structures

Proposals that involve the adaptive re-use of industrial heritage structures shall be undertaken in a sensitive manner, ensuring that any change does not seriously impact on the intrinsic character of the structure and that all works are carried out in accordance with best practice conservation.

14.19.7  Language Heritage

Objective DMSO194  Naming of Streets and Residential Estates

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

14.19.8  Arts

Public art can make a positive contribution to the cultural identity and visual appearance of an area and can be utilised to identify historic events and features adding to the quality and engagement of the public realm. The provision of artwork on hoarding will also be supported in accordance with the requirements as set out below. New public artwork should integrate with its immediate location and the context of the surrounding environment.

Proposals for public artwork should:

  • Illustrate a comprehensive understanding of site considerations, and the physical, social, historical, topographical and architectural context.
  • Provide for the highest aesthetic quality in terms of materials and finishes with low maintenance value.
  • Engage with the local community to enhance social relevance and significance.

Objective DMSO195  Provision of Public Art

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.

Objective DMSO196  Women and Minorities

When commissioning commemorative art or monuments that consideration is given to increasing the representation of women and minorities.

14.20  Infrastructure and Utilities

(This section should be read in conjunction with Chapter 11 Infrastructure & Utilities.)

14.20.1  Water Services Infrastructure

Since 1 January 2014, the funding of water infrastructure is the responsibility of Irish Water. Those intending to carry out development will need to enter a ‘Connection Agreement’ with Irish Water that will cover the funding and delivery of the appropriate water infrastructure.

Flood risk management will be carried out in accordance with the Flood Risk Management Guidelines for Planning Authorities, DOECLG (2009) and Circular Implementation and Monitoring (IM) PL2/2014. Development proposals should provide suitable drainage measures in compliance with the Fingal County Council’s ‘SuDs Guidance Document - Green/ Blue Infrastructure for Development’, as amended(Appendix 11).

Objective DMSO197  Public Foul Sewerage Network Connections

Ensure that all new developments in areas served by a public foul sewerage network connect to the public sewerage system, to comply with the requirements of the Irish Water Foul Sewer specification (where applicable).

Objective DMSO198  Foul and Surface Water Drainage Systems

Require all new development to provide separate foul and surface water drainage systems and to prohibit the connection of surface water outflows to the foul drainage network and vice versa (prohibit foul to surface water) where separation systems are available.

Objective DMSO199  Buffer Zones around Wastewater Treatment Plants

Establish a buffer zone around all wastewater treatment plants suitable to the size and operation of each plant. The buffer zone should not be less than 100m from the odour producing units.

Objective DMSO200  Buffer Zones around Pumping Stations

Establish an appropriate buffer zone around all pumping stations suitable to the size and operation of each station. The buffer zone should be a minimum 35 metres – 50 metres from the noise/odour producing part of the pumping station to avoid nuisance from odour and noise. For small scale developments (less than 15 houses) a smaller buffer zone may be agreed with the Planning Authority

14.20.2  Rural Housing - Wastewater Treatment

Domestic wastewater treatment systems will only be considered where it is not feasible to connect to the public foul sewerage system and will be subject to full compliance with the EPA Code of Practice Wastewater Treatment and Disposal Systems Serving Single Houses (2021), as may be amended or updated. Wastewater treatment systems shall be located entirely within the site boundary.

Objective DMSO201 EPA Code of Practice for Domestic Wastewater Treatment Systems

Domestic effluent treatment plants and percolation areas serving rural houses or extensions shall comply with the requirements of the EPA’s Code of Practice for Domestic Wastewater Treatment Systems (Population Equivalent <10), 2021, or as amended. The area required to install a Domestic Wastewater Treatment Plant and percolation area is subject to the separation distance requirements of the EPA CoP being achieved and adequate space for SuDS being provided.

Objective DMSO202 Extensions to Dwellings Served by On-Site Wastewater Treatment Systems

Where an extension is proposed to a dwelling served by on-site wastewater treatment and the extension would increase the potential occupancy of the dwelling, an assessment of the existing treatment system, including percolation area, will be required to demonstrate that there is sufficient capacity in accordance with the EPA Code of Practice for Domestic Wastewater Treatment Systems 2021 (or as may be otherwise superseded or amended).

14.20.3  Sustainable Urban Drainage Systems (SuDS)

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.

Development proposals should provide suitable drainage measures in compliance with the Fingal SuDS Guidance Document (Appendix 11). Development proposals should not give rise to the pollution of ground or surface waters either during construction phases or subsequent operation. This will be achieved through adherence to best practice in the design, installation and management of systems for the interception, collection and appropriate disposal or treatment of all surface water and effluents. See Appendix 11 (SuDS Guidance Document) and Chapter 11 Infrastructure and Utilities (Section 11.5.2: Surface Water and Flood Risk Management)

In general, all new developments will be required to incorporate Sustainable Urban Drainage Systems (SuDS). Sustainable Drainage Systems include devices such as swales, permeable pavements, filter drains, storage ponds, constructed wetlands, soakways and green roofs.

Objective DMSO203    SuDS

SuDS shall incorporate nature-based solutions and have regard to the objectives set out in Fingal’s Guidance Document - ‘Green/ Blue Infrastructure for Development’, as amended. (Appendix 11).

Objective DMSO204  FCC SuDS Guidance Document

SuDS shall be incorporated into all parts of a development (open spaces, roads, footpaths, private areas), and have regard to the FCC SuDs Guidance Document - Green/ Blue Infrastructure for Development’, as amended (Appendix 11), and shall ensure:

  • That the design of SuDS enhances the quality of open spaces and when included as part of any open space provision, it must contribute in a significant and positive way to the design and quality of the open space.
  • Open space areas shall not be dominated by SuDS features.
  • Underground tanked systems, whether concrete or plastic, are the least favoured means for surface water management and shall only be used when green solutions have proven not feasible.

See also Appendix 11 (SuDS Guidance Document) and Chapter 11, Infrastructure and Utilities (Section 11.5.2: Surface Water and Flood Risk Management).

Objective DMSO205  Surface Water Run-Off from Domestic Driveways

Require that all surface water run-off from new / extended domestic driveways, repaired/ replacement driveways and vehicular entrances (where such development is not exempted from the requirement to obtain planning permission) is managed using SuDS, ensuring no increase in surface water discharges to the public drainage network.

Objective DMSO206  Surface Water Management Plan

Require the preparation of a Surface Water Management Plan as part of all new developments which shall include the following:

  • Identify and assess the existing surface water movements through the development before considering and developing a surface water management system using SuDS, having regard to our Fingal Guidance Document - ‘Green/ Blue Infrastructure for Development’, as amended. (Appendix 11).
  • Incorporate SuDS along the route of the water movement to enhance the water quality effects of nature-based systems at the different stages – Treatment Train approach from source to discharge.


14.20.4   Green Roofs and Walls

(See also Chapter 11, Infrastructure and Utilities (Section 11.5.2: Surface Water and Flood Risk Management).

A green roof or wall comprises part of a building that is partially or completely covered with vegetation and 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, bio-walls 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 façade. Green roofs do not form part of the public open space provision.

Objective DMSO207  Green Roofs

Require the use of Green Roofs particularly on apartment, commercial, leisure and educational buildings as part of the overall surface water management strategy for each development, where appropriate.

Objective DMSO208  Green Walls and Roofs for New Developments

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 DMSO209 Green Roofs as Amenity Space

Encourage the use of green roofs as amenity space.

Objective DMSO210 Functional Surface Area and Urban Green Infrastructure

To be in line with the European city average of 15-22 m2 per person, Fingal will maximise, in so far is feasible, the amount of functional surface area that can be made up of urban green infrastructure by the lifetime of this plan through the use of, but not limited to, roof gardens, green roofs, vertical gardens, courtyards, community gardens, school allotments, parks or forests.

14.20.5  Riparian Corridors

The riparian corridors of the County include rivers, streams and other watercourses and are important green infrastructure and biodiversity links. Development within or affecting riparian corridors will be required to:

  • Ensure that hydromorphological assessments are undertaken where proposed development is within lands which are partially or wholly within the Riparian Corridors identified as part of this Development Plan.
  • Demonstrate how the integrity of the riparian corridor can be maintained and enhanced having regard to flood risk management, biodiversity, ecosystem service provision, water quality and hydromorphology.
  • Promote and protect native riparian vegetation along all watercourses and ensure that riparian corridors are maintained/reinstated along all watercourses within any development site.
  • Uncover existing culverts where appropriate and in accordance with relevant river catchment proposals, restore the watercourse to acceptable ecological standards for biodiversity wherever possible, improving habitat connection and strengthening the County’s GI network.

Objective DMSO211 Riparian Corridors  

Establish riparian corridors free from new development along all significant watercourses and streams in the County:

  • Ensure a minimum 10m wide riparian buffer strip measured from the top of the bank either side of all watercourses. This minimum 10m wide riparian buffer strip applies to lands within urban areas - I.e. within designated settlement boundaries (as per FCC’s Settlement Hierarchy set out in Chapter 2, Planning for Growth, Table 2.20: Fingal Settlement Hierarchy).
  • A minimum 30m wide riparian buffer strip is required in all other areas outside of urban areas.
  • Where lands encompass urban and rural areas, a transitional approach from the urban riparian requirements to the rural riparian requirements may be appropriate and will be assessed on a case-by-case basis.
  • Notwithstanding the above, cognisance must be taken of Flood Zone A and B, as outlined in the accompanying SFRA.

See also Chapter 14, Development Management Standards (Section 14.20.5 Riparian Corridors) and the SFRA.

Objective DMSO212   De-Culverting to Restore Watercourses

Promote de-culverting to restore watercourses to their natural environmental state.

14.20.6   Flood Risk Management

Flood risk management will be carried out in accordance with the Flood Risk Management Guidelines for Planning Authorities, DOECLG (2009) and Circular PL2/2014. The Fingal-East Meath CFRAM Study and the Eastern CFRAM Study (Catchment and Flood Risk Assessment and Management) and the Fingal Strategic Flood Risk Assessment (2021) provide information in relation to known flood risk in Fingal County (see Development Plan Green Infrastructure (GI) Maps).


The Strategic Flood Risk Assessment (SFRA) Report is a separate document to be read in parallel with this Plan. The SFRA identifies and maps flood risk in the County and has supported a sequential approach to planning, in accordance with the recommendations of the Flood Risk Management Guidelines. All applications for developments in flood risk areas shall have regard to the Strategic Flood Risk Assessment of this plan. All applications within flood zones A and B will be required to submit a Site-Specific Flood Risk Assessment to an appropriate level of detail.

Development proposals on lands that may be at risk of flooding should be subject to a flood risk assessment, prepared by an appropriately qualified Chartered Engineer, in accordance with the Flood Risk Management Guidelines. Detailed flood risk assessments should be cognisant of possible pluvial flood risk and appropriate drainage proposals should be implemented to reduce the risk of pluvial flooding; and

Proposals for minor development to existing buildings (e.g. extensions or change of use) in areas of flood risk should include a flood risk assessment of appropriate detail.

Objective DMSO213  OPW Flood Risk Management Guidelines

Have regard to the OPW Flood Risk Management Guidelines (2009), as revised by Circular PL 2/2014, when assessing planning applications and in the preparation of statutory and non-statutory plans and to require site specific flood risk assessments be considered for all new developments within the County. All development must prepare a Stage 1 Flood Risk Analysis and if the flooding risk is not screened out, they must prepare a Site Specific Flood Risk Assessment (SSFRA) for the development, where appropriate.

Objective DMSO214  Implementation of the SFRA

Implement and comply fully with the recommendations of the SFRA prepared as part of the Fingal Development Plan 2023-2029.

Objective DMSO215  Medium Range Future Scenario Climate Change Predictions

Surface water designs must include Medium Range Future Scenario Climate Change Predictions.

Objective DMSO215  Precautionary Principle and Flood Risk

Require all developments in the County to be designed and constructed in accordance with the “Precautionary Principle” as detailed in the OPW Guidelines and to minimise the flood risk in Fingal from all potential sources of flooding as far as is practicable, including coastal, pluvial, fluvial, reservoirs and dams, and the piped water system.

14.20.7  Taking in Charge

Taking in charge refers to the taking over of the running/maintenance/ownership by a Local Authority of lands that were developed privately but which have public access and a wider public benefit in their provision. The local authority thereafter looks after these areas for the public. Examples are residential estate roads and public parks. 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 requires 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 to be considered include:

  • Water Supply,
  • Drainage,
  • Surface Water Management and Flooding,
  • Water Quality.
  • Electricity.

Objective DMSO217  Taking in Charge of new Surface Water Infrastructure

Require that all new surface water infrastructure within public or private developments be constructed in accordance with the standards set out within the Greater Dublin Regional Code of Practice for Drainage Works, as amended, irrespective of the management and maintenance regime proposed for the development or whether or not the development is intended to be taken in charge, in full or in part (i.e. infrastructure shall be to designed to taking in charge standards)

Objective DMSO218 Requirements for the Design, Construction and Taking in Charge of New Development

Ensure that the applicant / developer understands the requirements for the design, construction and taking in-charge of new development.

Objective DMSO219  Prevention of Ransom Strips

Prevent the creation of ransom strips.

Objective DMSO219  Records of New Development 

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

14.20.8  Rain Water Harvesting

The Council promotes the implementation of rainwater harvesting measures in developments as part of the development of an overall SuDS strategy. The Council also promotes the use of water butts in residential development as part of the overall SuDS strategy.

Where a development proposal includes rain water harvesting, liaison should take place with the relevant stakeholders, to ensure the implementation of BS8515-2009 (Rain & Grey Water Harvesting), subject to class of use (SI 600 2001) and the economic viability for the end user.
 

Objective DMSO221  Rainwater Harvesting Systems  

Require the consideration of rainwater harvesting systems in new commercial developments and the use of water butts in residential developments.

Objective DMSO222  Rainwater Harvesting   

Ensure residential new builds include the provision of infrastructure for the harvesting of rainwater where it is feasible and cost-effective.

14.20.9   Information and Communications Technology

The Council recognises the importance of 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 DMSO223  Co-Location of Antennae

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 DMSO224  Location of Telecommunications Based Services

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 DMSO225  Applications for Telecommunications Structures

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 (1996) and Circular Letter PL 07/12 issued by the Department of the Environment and Local Government (as may be amended), and to other publications and material as may be 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 within a 2km radius of the proposed site, stating reasons why (if not proposed) it is not feasible to share existing facilities having regard to the Code of Practice on Sharing of Radio Sites issued by the Commission for Communications Regulations.
  • The degree to which the proposal will impact on the amenities of occupiers of nearby properties, or the amenities of the area (e.g. visual impacts of masts and associated equipment cabinets, security fencing treatment etc..) and the potential for mitigating visual impacts including low and mid-level landscape screening, tree-type masts being provided where appropriate, colouring or painting of masts and antennae, and considered access arrangements.

Objective DMSO226  Open Access Connectivity Arrangements

All new developments will be required to provide for open access connectivity arrangements directly to individual premises to enable service provider competition and consumer choice.

Objective DMSO227  Removal of Masts and Antennae

All operators shall remove masts and associated antennae when no longer required.

14.20.10   Section 254 Licences

A Section 254 licence is required from Fingal County Council to place on, under, over or along a public road the following items or equipment:

  • a vending machine,
  • a town or landscape map for indicating directions or places,
  • a hoarding, fence or scaffold,
  • an advertisement structure,
  • a cable, wire or pipeline, overground electronic communications infrastructure and any associated physical infrastructure,
  • a telephone kiosk or pedestal, or
  • any other appliance, apparatus or structure, which may be prescribed as requiring a licence under this section, on, under, over or along a public road save in accordance with a licence granted by a planning authority under this section.

The Planning and Development Act, 2000 (as amended) states that:

‘In considering an application for a licence under this section a planning authority, or the Board on appeal, shall have regard to—

  1. the proper planning and sustainable development of the area,
  2. any relevant provisions of the development plan, or a local area plan,
  3. the number and location of existing appliances, apparatuses or structures on, under, over or along the public road, and
  4. the convenience and safety of road users including pedestrians’.

Items and equipment placed on, under, over or along a public road – such as street furniture and overground telecommunications infrastructure – have the potential to significantly impact on the quality of the environment within a given area. This includes development works regulated through Section 254 licencing requirements.

In assessing applications under Section 254 of the Planning and Development Act 2000, the Planning Authority, in accordance with the 2000 Act (as amended), must have regard to the relevant provisions of the Development Plan, any LAP in place and must give careful consideration to the impacts on public realm and visual amenity.

Applications made under the Planning and Development Act, 2000 (as amended) in relation to the provision of overground telecommunications infrastructure, including planning applications and Section 254 licence applications, must take into consideration and demonstrate compliance with the

‘Guidance on the Potential Location of Overground Telecommunications Infrastructure on Public Roads’ (2015)

14.20.11   Overhead Cables and Utility Facilities

14.20.11.1   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 DMSO228  Location of New Utility Structures

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 DMSO229  Design of New Utility Structures 

Require new utility structures such as electricity substations and telecommunication equipment cabinets to be of a high quality design and to be maintained to a high standard by the relevant service provider.

Objective DMSO230  Impacts on Archaeological and Architectural Heritage

Ensure that proposals for large scale developments and infrastructure projects consider the impacts on the archaeological and architectural heritage and seek to avoid them. The extent, scale, density, route, services and signage for such projects should be sited at a distance from Protected Structures and Recorded Monuments, avoid affecting the special character of Architectural Conservation Areas, remain outside the boundaries of historic designed landscapes, and not interrupt specifically designed vistas. Where this is not possible the visual and physical impact must be minimised through appropriate mitigation measures such as high-quality design, that goes beyond regulatory and engineering requirements.

 

14.20.11.2   Overhead Lines

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 DMSO231  Undergrounding of Cables

Seek the placing underground of all electricity, telephone, utility 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 DMSO232  Sharing of Multiple Services

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

Objective DMSO233  Applications for Overhead Cables

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

  • 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.
  • Details of compliance with all internationally recognized standards with regard to proximity to dwellings and other inhabited structures.

Objective DMSO234  Overhead Power Lines

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

14.20.12  Waste Management

(See also Chapter 11, Infrastructure and Utilities, Section 11.6 Waste)

Fingal will continue to facilitate the implementation of national legislation and national and regional waste management policy having regard to the waste hierarchy, including the Eastern Midlands Region Waste Management Plan 2015 -2021 (EMRWMP) and any subsequent Plan, which informs these Development Plan policies and objectives. Under the Waste Management Acts, a Development Plan is deemed to include the objectives of the Waste Management Plan for its area.

Objective DMSO235  Provision of Public Bring Banks 

Ensure the provision of public bring banks in all large retail developments, unless there are existing facilities within a 1km radius. Bring bank facilities will generally be required at appropriate locations in the following development types:

  • In conjunction with significant new commercial developments, or extensions to existing developments.
  • In conjunction with new waste infrastructure facilities, proposals should include bring facilities for the acceptance of non-hazardous and hazardous wastes from members of the public and small businesses.
  • In conjunction with medium and large scale residential and mixed-use developments providing in excess of 10 residential units, proposals should provide recycling and bring bank facilities to serve residents and in some appropriate locations, the wider community.
  • In conjunction with all large retail developments provide space for reverse vending machines to promote the circular economy.

Objective DMSO236  Communal Refuse Storage Provision

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.

The following criteria will be considered in the assessment of the design and siting of waste facilities and bring facilities:

  • The location and design of any refuse storage or recycling facility should ensure that it is easily accessible both for residents and/or public and for bin collection, be insect and vermin proofed, will not present an odour problem, and will not significantly detract from the residential amenities of adjacent property or future occupants.
  • Provision for the storage and collection of waste materials shall be in accordance with the guidelines for waste storage facilities in the relevant Regional Waste Management Plan and the design considerations contained in Section 4.8 and 4.9 of the Sustainable Urban Housing: Design Standards for New Apartments Guidelines for Planning Authorities, DHLGH (2020).
  • Refuse storage for houses should be externally located, concealed / covered and adequate to cater for the size and number of bins normally allocated to a household. For terraced houses, the most appropriate area for bins to be stored is to the front of the house, which should be located in well-designed enclosures that do not to detract from visual amenity.
  • All applications shall clearly identify the waste storage and collection points and detail the anticipated waste collection schedule having regard to the impact on road users both within the development and the surrounding area.
  • Access to private waste storage in residential schemes should be restricted to residents only.

Objective DMSO237  Segregation and Collection of Waste

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

Objective DMSO239 Distance from Front Door to Communal Bin Area 

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 DMSO237 

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

14.20.13  Waste Recovery and Waste Disposal Facilities

In assessing development proposals for, or including, waste recovery and waste disposal facilities, the Planning Authority will have regard to the policies, actions, targets and provisions of the Eastern- Midlands Region Waste Management Plan (2015-2021) or any superseding document, planning legislation, the Development Plan and other relevant planning documents.

14.20.14 Construction and Demolition Waste Management Plans

The Construction and Demolition Waste Management Plan, as a minimum, should include provision for the management of all construction and demolition waste arising on site, and make provision for the reuse of said material and/or the recovery or disposal of this waste to authorised facilities by authorised collectors. Where appropriate, excavated material from development sites is to be reused on the subject site.

Objective DMSO240  Construction and Demolition Waste Management Plan  

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.

Objective DMSO241 Guidance for Construction and Demolition Waste Management Plans

Require that Construction and Demolition Waste Management Plans include the following:

  • Hours of operation.
  • Construction/phasing programme.
  • Traffic Management Plan including employee parking and movements.
  • Noise, Vibration, Air Quality and Dust Monitoring and Mitigation Measures.
  • Details of any construction lighting including appropriate mitigation measures for lighting specifically designed to minimise impacts to biodiversity, including bats.
  • The management of construction and demolition waste included as part of a Construction and Demolition Waste Management Plan.
  • Containment of all construction-related fuel and oil within specially constructed bunds to ensure that fuel spillages are fully contained (such bunds shall be roofed to exclude rainwater).
  • A water and sediment management plan, providing for means to ensure that surface water runoff is controlled such that no silt or other pollutants enter local water courses or drains.

14.20.15  Construction Noise

A Construction Noise Assessment should form part of the Construction and Demolition Waste Management Plan and set out clear mitigation measures in place throughout the entire construction phase.

Objective DMSO242 Construction Noise

Where development sites adjoin residential properties, the Planning Authority shall restrict the operation of equipment or machinery (to include pneumatic drills, construction vehicles, generators, etc..) on or adjacent to the site before 07.00 hours on weekdays and 09.00 hours on Saturdays, after 19.00 hours on weekdays and 13.00 hours on Saturdays and at any time on Sundays, Bank Holidays or Public Holidays.

14.20.16   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 (as amended), 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 runoff, soils or groundwater and the area is available for use.

14.20.17  Noise

(See also Chapter 11 Infrastructure and Utilities, Section 11.9.2 Noise, and Chapter 8 Dublin Airport, Section 8.5.7 Ensuring Environmental Protection and Sustainability)

Fingal County Council will have regard to the Dublin Agglomeration Noise Action Plan 2018– 2023 (and any subsequent Plan) when assessing planning applications. Where it is considered that a proposed development is likely to create a disturbance due to noise, a condition may be imposed by the planning authority on any planning permission limiting the hours of operation and level of noise generation.

Operational noise should be assessed as part of the planning application to determine whether the proposed use of the development will impact on the ambient noise levels of the surrounding environment. Appropriate sound proofing and noise mitigation measure should be provided where necessary.

Appropriate Noise Assessments will be required to be carried out in respect of planning applications for residential and other noise sensitive developments within the relevant noise contours presented by the Strategic Noise Maps in the Fingal Noise Action Plan (Dublin Agglomeration Environmental Noise Action Plan 2018- 2023) or any other noise contour maps prepared by Fingal County Council. Noise assessments should follow the principles of good acoustic design in line with “Professional Practice Guidance on Planning & Noise: New Residential Developments” (2017) (ProPG)1 so that development is designed to achieve acceptable internal noise levels. Predicted internal and external noise levels should be in keeping with BSI Standards Publication BS 8233:2014 ‘Guidance on Sound Insulation and Noise Reduction for Buildings’, Table 4: ‘Indoor Ambient Noise Levels for Dwellings’ while external noise should be in accordance with Section 7.7.3.2 ‘Design Criteria for External Noise’.

Where there is the likelihood of an adverse noise impact planning applications should be supplemented by an Acoustic Design Statement carried out by appropriately qualified competent persons demonstrating that the general principles of good acoustic design have been followed.

Objective DMSO243  Noise Action Plan

Developments for noise sensitive uses shall have regard to any future national planning guidance, or in the interim any local planning guidance developed under the Noise Action Plan.

Objective DMSO244  Noise Sensitive Uses

Developments for noise sensitive uses shall have regard to the noise exposure maps contained within the Fingal Noise Action Plan 2018 – 2023 or any supplementary mapping prepared by Fingal

County Council, and developers shall be required to produce a noise impact assessment and mitigation plans, where necessary, for any new noise sensitive development within these areas.

Objective DMSO245  Apartment Developments and Noise Transmission  

All apartment developments should be designed as to ensure noise transmission between units and from external or internal communal areas is minimised. Guidance for noise reduction in building is set out in BS 8233:2014.


14.20.18  Light Pollution (See also Chapter 11 Infrastructure and Utilities, Section 11.9.3: Light)

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 objectives are of particular relevance:

Objective DMSO246  Hierarchy of Light Intensities

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 in assessing planning applications or preparing plans, 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

 

Development proposals that include external lighting should include details of the external lighting scheme.

Objective DMSO247 Design of Lighting Schemes

Require that the design of lighting schemes minimises the incidence of light spillage or pollution into the surrounding environment. New schemes shall ensure that there is no unacceptable adverse impact on neighbouring residential or nearby properties; visual amenity and biodiversity in the surrounding areas.

Objective DMSO248  Lighting: New Developments

Require that the design of lighting schemes minimises the incidence of light spillage or pollution into the surrounding environment. New schemes shall ensure that there is no unacceptable adverse impact on neighbouring residential or nearby properties; visual amenity and biodiversity in the surrounding areas.

14.20.19  Air Quality (See also Chapter 11, Infrastructure and Utilities, Section 11.9.1: Air)

In considering development proposals for planning permission, the Planning Authority shall have regard to the Local Government (Planning and Development) General Policy Directive, 1988, (as may be amended) issued by the Minister for the Environment and Local Government relating to air quality standards nationally, and to the Air Quality Management Plan for the Dublin Region and any subsequent plans that may issue, including the upcoming Dublin Local Authorities’ Air Quality Management Plan for improvement in levels of Nitrogen Dioxide.

All developments during construction and operational stage shall ensure that the air quality of the surrounding area is not affected and details of the air quality controls in place throughout construction shall be identified in any construction management plan submitted.

14.20.20  Control of Major Accident Hazards Directive (Seveso Directive)

(See also Chapter 11, Infrastructure and Utilities, Section 11.6.1 Control of Major Accident Hazards Directive (Seveso Directive).

Table 14.27 contains the list of COMAH Establishments (SEVESO III sites) where the Health and Safety Authority must be contacted by the planning authority for technical advice prior to a decision being made on proposed development in the vicinity of these sites

14.20.21   Major Accidents – Seveso Sites

Contaminated land is generally considered to be lands where there are substances which could cause significant harm and endanger human health. Examples of land uses that may have caused such contamination include gas works, landfill sites etc. Any redevelopment of former industrial sites must consider potential environmental impacts arising from past activities, including contaminating construction materials such as asbestos.

Applications for suitable re-development of contaminated lands will generally be encouraged, and the Council will require that a detailed investigation is carried out by developers demonstrating that appropriate mitigation strategies can be implemented before any development may take place, and any demolition waste is disposed of safely in the interest of public health and the environment.

Fingal has 9 Seveso sites. These are sites subject to the Seveso III Directive (2012/18/EU) and relate to the control of major accident hazards involving dangerous substances. The Chemicals Act (Control of Major Accident Hazards involving Dangerous Substances) Regulations 2015 (S.I. No. 209 of 2015 ) (the “COMAH Regulations”), implements the Seveso III Directive (2012/18/EU).

Fingal will continue to have regard to the provisions of the Directive and recommendations of the HSA in the assessment of all planning applications located on, or impacted by, COMAH establishments in accordance with Guidance on Technical Land-use Planning Advice: for planning authorities and operators of COMAH establishments (2021).

This legislation seeks to prevent major accident hazards involving dangerous substances and chemicals and the limitation of their consequences for people and the environment through controls on:

  • the location of new establishments,
  • modifications to existing establishment, and
  • development in the vicinity of an establishment which, by virtue of its type or location, is likely to increase the risk or consequences of a major accident.

The Directive defines major accident hazard sites as those that store or can generate quantities of dangerous substances in excess of specified thresholds. Dangerous Substances are classified as:

  • Toxic
  • Flammable/explosive
  • Dangerous for the environment

The Health & Safety Authority provides advice where appropriate in respect of planning applications within a certain distance of the perimeter of these sites. Seveso Site Consultation Distances are specified in the Planning & Development Regulations, 2001 (Amended) and vary depending on the nature of activity at the site. Such technical advice will be taken into account in the consideration of applications for planning permission.

Table 14.27 contains the list of SEVESO / COMAH sites within the Fingal County Council area. The sites are shown on the relevant zoning maps. Fingal has a number of ‘Upper’ and ‘Lower’ Tier Establishments, including:

Table 14.27: List of Seveso / COMAH Sites

SEVESO / COMAH ESTABLISHMENT

TIER

CONSULTATION DISTANCE

Barclay Chemicals Manufacturing Ltd (t/a Barclay Crop Protection) Damastown Way, Damastown Industrial Park, Mulhuddart, Dublin 15

Upper Tier

1,000m

Chemco (Ireland) Limited (t/a Chemsource Logistics) Macetown North, Damastown Industrial Estate, Dublin 15

Upper Tier

700m

Contract & General Warehousing Ltd Westpoint Business Park, Navan Rd. Mulhuddart, Dublin 15

Upper Tier

700m

Guerbet Ireland ULC Damastown, Mulhuddart, Dublin 15

Upper Tier

1,000m

Astellas Ireland Co., Ltd Damastown Road, Damastown Industrial Park, Mulhuddart, Dublin 15

Lower Tier

1,000m

Clarochem Ireland Limited Damastown, Mulhuddart, Dublin 15

Lower Tier

1,000m

Exolum Aviation Ireland Ltd (formerly CLH) Corballis Road, Dublin Airport, Dublin 2

Lower Tier

500m

Gensys Power Ltd. Huntstown Power Station, Huntstown Quarry, Dublin 11

Lower Tier

300m

SK Biotek Watery Lane, Swords, Co. Dublin.

Lower Tier

1,000m

(Source: www.hsa.ie (2021))

Objective DMSO249  New SEVESO Development

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

Objective DMSO250  Extensions to SEVESO Sites

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 DMSO251 Adjacent Uses: SEVESO Sites

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 DMSO252  Storage of SEVESO Substances 

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 DMSO253  New SEVESO Sites

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 14.26.

ObjectiveDMSO254 Consequence and Risk Assessment

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

14.21  Climate Action

Chapter 5 sets out the policies and objectives for climate action in the County. Fingal Council will encourage the use of sustainable development principles to combat climate impacts in line with the Fingal Climate Change  Action Plan (2019- 2024) or as amended.

To mitigate against negative climatic impacts, all new developments will be required to demonstrate compliance with the climate action principles set out in Chapter 5 and as detailed below.

14.21.1  Re-use of existing Buildings

Where development proposal comprises of existing buildings on the site, applicants are encouraged to reuse and repurpose the buildings for integration within the scheme, where possible. Where demolition is proposed, the applicant must submit a demolition justification report to set out the rational for the demolition having regard to the ‘embodied carbon’ of existing structures as well as the additional use of resources and energy arising from new construction relative to the reuse of existing structures.

Existing building materials should be incorporated and utilised in the new design proposals where feasible and a clear strategy for the reuse and disposal of the materials should be included where demolition is proposed.

Objective DMSO255   Retrofitting and Re-Use of Existing Buildings

Support the retrofitting and reuse of existing buildings rather than their demolition and reconstruction where possible.

14.21.2   District Heating/Waste Heat

District heating and waste heat recovery are a highly significant source of low carbon energy, and as set out in the RSES. District heating and waste heat recovery systems will be supported, as set out in Chapter 5: Climate Action.

Where appropriate, planning applications should be designed to have regard to the future potential for district heating systems. Applicants are requested to submit a Climate Action and Energy Statement with certain planning applications, as set out below. The details of the heating system proposed and compatibility with a future district heating network should be specified as part of any Climate Action and Energy Statement submitted.

Objective DMSO256 – Waste Heat, District Heating and Decentralised Energy

Actively encourage the development of low carbon and highly efficient district heating and decentralised energy systems across the County utilising low carbon heat sources such as renewable energy and waste heat recovery and to promote the connection of new developments to district heating networks where such systems exist/can be developed in a given area.

Objective DMSO257 – Supporting the Potential of District Heating in Fingal

Support the potential of district heating in Fingal, all Climate Action Energy Statements submitted to the Council (see Policy CAP12) shall include an assessment of the technical, environmental and economic feasibility of district or block heating or cooling, particularly where it is based entirely, or partially on energy from renewable and waste heat sources.

Objective DMSO258 – Capture and Utilisation of Waste Heat

Encourage proposed and existing developments and facilities (such as data centres) to capture and utilise otherwise wasted heat, and use waste heat either on-site, or in an adjoining, and nearby sites, in compliance with all relevant Energy Efficiency Regulations.

14.21.3  Climate Action Energy Statements

In order to comply with the policies set out in Section 5.5.2 ‘Resilient Built Environment’ and Section 5.5.3 ‘Energy’ of Chapter 5, proposals for all new developments in excess of 30 or more residential units or 1,000 sq. m. or more of commercial floor space, or as or as otherwise required by the Planning Authority, will be required to include a Climate Action Energy Statement.

The purpose of this statement is to demonstrate how low carbon energy and heating solutions have been considered as part of the overall design and planning of the proposed development. Having regard to the above, the statement, which shall be prepared by a certified engineer, shall address:

  • the technical, environmental and economic feasibility of on-site renewable energy generation including solar PV and small scale wind power;
  • the technical, environmental and economic feasibility of at a minimum, the following high- efficiency alternative energy supply and heating systems:
    • decentralised energy supply systems based on energy from renewable and waste heat sources;
    • co-generation (combined heat and power);
    • district or block heating or cooling, particularly where it is based entirely or partially on energy from renewable and waste heat sources;
    • heat pumps.

Objective DMSO259 – Energy Efficiency in Existing Buildings

Support high levels of energy conservation, energy efficiency and the use of renewable energy sources in existing buildings, including retro-fitting of appropriate energy efficiency measures in the existing building stock.

Objective DMSO260 – Climate Action Energy Statements

All new developments involving 30 residential units and/or more than 1,000 sq. m. of commercial floor space, or as otherwise required by the Planning Authority, will be required to submit a Climate Action Energy Statement as part of the overall Design Statement to demonstrate how low carbon energy and heating solutions, have been considered as part of the overall design and planning of the proposed development.

14.21.4 Renewable Energy

Development proposals will be encouraged to utilise renewable energy sources such as wind and solar energy where feasible (As per Policies CAP13 and CAP 14 in chapter 5: Climate Action. Applicants should assess the feasibility of alternative energy sources as part of the energy statement submitted with the application.

The provision of on-site energy production sources in industrial area and business parks will be assessed on a case by case basis where it can be demonstrated that:

  • The amenity obtained by surrounding properties shall not be affected.
  • The visual impact of the provision of such facilities should also be assessed in the context of the surrounding environment as to ensure the visual amenity of the area is protected.

Large scale proposals for solar panels or any development in the vicinity of the airport will be required to submit a Glint and Glare Assessment. Domestic applications will be assessed on a case by case basis. All large-scale proposals involving for solar panels shall be sent to Irish Aviation Authority as part of the statutory consultee process.

 

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