Chapter 16: Development Management Standards

Dúnta23 Fea, 2022, 9:00am - 23 Már, 2022, 4:30pm
Section 16.10.11  Car Parking

(Amendment No. 163) Insert additional text in green to Section 16.10.11‘Car Parking’  (page 515) as follows:

National Policy Objective 13 of the NPF advocates that planning standards should be flexibly applied in response to well-designed development proposals that can achieve urban infill and brownfield development objectives in settlements of all sizes. The development management standards regarding car parking provision may be relaxed in urban infill and brownfield sites subject to strict qualitative criteria and provided public safety is not compromised and the environment is suitably protected

Section 16.10.12  EV Charging Points

(Amendment No. 164) Amend Section 16.10.2 ‘EV Charging Points’  (page 517):- deleted text in red, new text in green as follows:

All developments should provide facilities for the charging of battery-operated cars at a minimum rate of  10% of the total car parking spaces or as maybe updated by national guidance. in accordance with the standards in in S.I. No. 393/2021 EU (Energy Performance of Buildings) Regulations 2021 and Table X below, or as maybe updated by national legislation and guidance.

 The remainder of the car parking spaces should be constructed (wiring and ducting) so as to be capable of accommodating future charging points, as required.

EV Charging Points

 

Residential multi-unit developments both new buildings and buildings undergoing major renovations (with private car spaces including visitor car parking spaces).

A minimum of 1 EV charge point space per five car parking spaces (ducting for every car parking space shall also be provided).

New dwellings with in-curtilage car parking.

Installation of appropriate infrastructure to enable installation of recharging point for EVs.

Non-residential developments (with private car parking spaces including visitor car parking spaces with more than 10 spaces e.g. office developments).

Provide at least 1 recharging point, and a minimum of 1 space per five car parking spaces should be equipped with one fully functional EV charging point.

Developments with publicly accessible spaces (e.g. supermarket car park, cinema etc.)

Provide at least 1 recharging point, and a minimum of 1 space per five car spaces should be equipped with one fully functional EV Charging Point.

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Section 16.11.5 Construction and Environmental Management Plans

(Amendment No. 165) Amend Section 16.11.5 (k) ‘Construction and Environmental Management Plans’  (page 518-519):- deleted text in red, new text in green as follows:

16.11.5  Construction and Environmental Management Plans

Construction Environment Management Plans shall be a requirement of any major planning permission for residential, community, employment or infrastructure related development and implemented throughout the construction / operational period as appropriate. The Plan shall be prepared having regard to the EPA Best Practice Guidelines for the preparation of Resource Management Plans for Construction and Demolition Waste Projects’, Such plans shall incorporate relevant mitigation measures which have been integrated into the plan / project and where relevant any Environmental Impact Assessment or Appropriate Assessment.

CEMPs typically provide details of intended construction practice for the proposed development, including:

  1. location of the sites and materials compound(s) including area(s) identified for the storage of construction refuse;
  2. location of areas for construction site offices and staff facilities;
  3. details of site security fencing and hoardings;
  4. details of on-site car parking facilities for site workers during the course of construction;
  5. details of the timing and routing of construction traffic to and from the construction site and associated directional signage;
  6. measures to obviate queuing of construction traffic on the adjoining road network;
  7. measures to prevent the spillage or deposit of clay, rubble or other debris;
  8. alternative arrangements to be put in place for pedestrians and vehicles in the case of the closure of any public right of way during the course of site development works;
  9. details of appropriate mitigation measures for noise, dust and vibration, and monitoring of such levels;
  10. 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);
  11. disposal of construction/demolition waste and details of how it is proposed to manage excavated soil, including compliance with the EPA’s ‘Best Practice Guidelines for the Preparation of Resource Management Plans for Construction & Demolition Projects 2021, which supersedes previous 2006 Guidelines published by the 2006 Best Practice Guidelines on the Preparation of Waste Management Plans for Construction and Demolition Projects, Department of the Environment, Heritage and Local Government;
  12. 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;
  13. details of a water quality monitoring and sampling plan;
  14. if peat is encountered - a peat storage, handling and reinstatement management plan;
  15. measures adopted during construction to prevent the spread of invasive species (such as Japanese Knotweed);
  16. appointment of an ecological clerk of works at site investigation, preparation and construction phases; and
  17. details of appropriate mitigation measures for lighting specifically designed to minimise impacts to biodiversity, including bats.

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Section 16.12.1 Built Environment – Climate Action

(Amendment No. 166) Insert additional text in green to Section 16.12.1 ‘Built Environment- Climate Action’  (page 523) as follows:

Section 16.12.1   Built Environment – Climate Action

The Council will encourage all new development proposals to incorporate sustainable building practices, sustainable products and incorporate design and layout criteria which minimise energy use, including by passive solar design, energy efficient building design and emission reduction measures.

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Section 16.15.1 Tourism Development

(Amendment No. 167) Insert additional text in green to Section 16.15.1 ‘Tourism Development’  (page 531) as follows:

16.15.1  Tourism Development

Any proposal for a tourism related activity or development shall include a supporting business and design statement outlining the following:

  • Justification for proposal by reference to anticipated demand of the public for the local environmental attractions;
  • An overview of the proposal setting out how the concept for the project was initiated and why it is suited for the location chosen;
  • How the design and scale which should be simple in form and function  will integrate into the landscape so as not to interfere with the visual setting of sensitive visual attractions;
  • How the proposal would complement the natural and cultural heritage of the area while respecting local biodiversity;
  • The potential impacts of the proposal on local infrastructure in particular roads and water services;
  • Anticipated modes of transport to the facility;
  • Promotion of accessible tourism and provision of inclusive access
  • Any signage / interpretative panels required; and
  • How the development would complement established tourism complexes and facilities in the County.

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Section 16.16 Extractive Industries

(Amendment No. 168) Insert additional text in green to Section 16.16.3 Extractive Industries’  (page 534) as follows:

16.16.3  Extractive Industries

The development, continuation of use or diversification of activities relating to the extractive industry will be assessed having regard to the Quarrying and Ancillary Activities (DEHLG 2004) (or any superseding national policy document, Guidelines for Environmental Management in the Extractive Industry (EPA, 2006), Guidance on Biodiversity in the Extractive Industry (NPWS), GSI’s Geological Heritage Guidelines for the Extractive Industry (2008), the Archaeological Code of Practice (2009) and the Irish Concrete Federation Environmental Code (2005) and any other relevant superseding policy guidance.

Applicants should submit the following information at application stage:

  • Map showing total site area, area to be excavated, and  any ancillary proposed development, nearest dwellings or any other development (within 1 km of the site), including any established rights of way through the site;
  •  Description of the aggregate(s) to be extracted, method of extraction, any ancillary processes (such as crushing, concrete manufacture, etc.), equipment to be used, stockpiles, storage of soil and overburden, storage of waste materials, settling ponds;
  • Total and annual tonnage of extracted aggregates, expected life of the extraction, maximum extent and depth of working, phasing programme;
  • Description of development works (buildings, fixed and mobile plant, roads, fuel tanks, water supply and drainage, earth mounds, etc.);
  • Description of water courses and water table depth, natural and cultural heritage, traffic impact and waste management;
  • Description of cumulative impact when taken together with other quarries in the vicinity;
  •  Likely environmental effects including EIA where relevant;
  • Proposed mitigation measures;
  • Phased restoration and after-care proposals; and
  • Proposals for surface water management and flood risk minimisation.

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Section 16.18       Land Use Zoning 

(Amendment No. 169) Amend Table 16.9 ‘Land Use Zoning Categories, Objectives and Land Use Acceptability’ Ref: E Neighbourhood Facilities / Centre (page 543):- deleted text in red, new text in green as follows:

REF.

LAND USE ZONING CATEGORY

OBJECTIVE AND GUIDANCE

PERMITTED IN PRINCIPLE USES

OPEN FOR CONSIDERATION USES

E

Neighbourhood Facilities/Centre

 

Objective:  To provide for and improve local neighbourhood centres and facilities.

It is intended that land zoned for ’Neighbourhood Centre’ or ‘Neighbourhood Facilities’ will be developed to provide an appropriate range of local services including commercial, office, retail and community uses, to support the local community.

 

Neighbourhood centres may where appropriate, include an element of residential development subject to achieving the protection of residential amenities and compliance with development management standards, residential particularly above ground floor level will be encouraged.

Neighbourhood centres or facilities are intended to serve the immediate needs of a localised catchment i.e. the local working and residential population and complement, rather than compete with similar retail uses within the established town or village centres. Medical clinics, professional offices, childcare facilities (crèche), small convenience stores, local shops and cafes are envisaged for these particular areas. The threshold or floor area proposed for each neighbourhood centre will be assessed in relation to the nature and extent of retail provision in accordance with the current retail strategy, the intended catchment area for the neighbourhood centre and the impact that the proposal may have on the vitality and viability of the established town centre.

No single shop unit shall be greater than 1,200sqm gross floor area. 1,200sqm net floor area.

New neighbourhood centres and facilities shall be of high-quality design in accordance with the development management standards set out in Chapter 16 of this Plan

Shop (convenience ≤ 1,500sq.m 1,200 sqm net.), Café/Tea Room, Restaurant, Dwelling, Health Centre/Clinic, Medical and related Consultancy, Park/Playground, Childcare Facilities, Bring Banks, Digital Innovation Hub/Co-working Space.

Car Park, Community Facility, Cultural Uses, Library, B&B/Guesthouse, Fast-food Takeaway Outlet, Offices, Recreational Facility, Community Hall, Sports Hall and Utility Structures.

(Amendment No. 170) Insert new Land Use Zoning Category ‘Industry’, in Table 16.8 ‘Land Use Zoning Categories’ and Table 16.9 ‘Land Use Zoning Categories, Objectives and Land Use Acceptability’ Ref: I(2)(page 546), new text in green as follows:

REF.

LAND USE ZONING CATEGORY

OBJECTIVE AND GUIDANCE

PERMITTED IN PRINCIPLE USES

OPEN FOR CONSIDERATION USES

I

Industry

 

Objective:  To provide for industrial development and ancillary office use.

 

This zoning provides for general and specialised industrial uses, associated with high inputs of energy, water and materials and the management of environmental emissions including noise, dust, and odour.  Other uses ancillary or similar to industrial uses will be considered in this zone on their merits.

 

Industry, industry (light), manufacturing, science and technology-based industry, ancillary office, car park, workshops, garages/panel beating/car repairs, plant storage.

Agri. Business, research and development, bring banks/civic amenity, science and technology enterprise, training centre, warehouse, store, depot, utility structures and facilities, petrol service station, heavy commercial vehicle parks.

 

Section 16.19 Implementation and Monitoring

(Amendment No. 171) Insert new Section 16.16.19 ‘Implementation and Monitoring’ (page 552) new text in green, as follows:

16.19 Implementation and Monitoring

16.19.1 Introduction

Carlow County Council is committed to the continuous process of implementing and monitoring the policies and objectives contained in the Carlow County Development Plan 2022-2028 and will occupy a leadership role in progressing same. 

Many policies and objectives in the Plan relate to development management processes, which can be implemented through established internal procedures in the Council.  The intention of other policies and objectives in the Plan can be wide-ranging, and for this reason their successful implementation can necessitate a collaborative approach with a range of agencies and stakeholders, including local communities, governmental and non-governmental bodies and agencies, and adjoining local authorities.   

It should also be noted that there are policies and objectives aimed at supporting an intended outcome, rather than being the direct means of delivering the outcome.  In this regard, the implementation of policies and objectives in the Plan, including the desired planning outcomes, can be subject to external factors such as the availability of resources, political support, and economic circumstances in terms of Council funding and the availability of capital from other sources.

The Council’s Planning Department is primarily responsible for implementing and monitoring the Plan through its forward planning and development management functions.  However, the cross-functional content of the Plan is such that it also coordinates the policies and objectives of the Council’s other internal departments, such as the Transportation Department, Environment and Water Services Departments, Housing Department, Community Department, and Local Enterprise Office.  In addition, the scope of certain objectives in the Plan can be such that external bodies such as Irish Water, the Environmental Protection Agency, the OPW, or Transport Infrastructure Ireland, can be responsible for their implementation.  

In the preparation and drafting of this Plan every effort has been made, as far as is practicable, to formulate policies and objectives that are specific, measurable, achievable, and realistic.  The policies and objectives in the Plan have all also been formulated with the aim of fulfilling the Vision for County Carlow, including the cross-cutting themes which underpin the Plan and the Strategic Objectives, as set out in Chapter 1 (See Table 16.10 below).  The Strategic Objectives in the Plan are themselves broadly aligned with the National Strategic Outcomes of the NPF, the Regional Strategic Outcomes of the RSES, and the United Nations Sustainable Development Goals.

Table 16.10

Strategic Objectives

S. O1

Compact Growth, Consolidation, Regeneration.

Direct new development in accordance with the Core and Settlement Strategies which will provide for the sustainable development of the County for the period 2022-2028 in accordance with the principles of compact growth, consolidation and regeneration.   

 

S. O2

Carlow Town

Support and promote the role of Carlow Town as a Regional and Inter-regional economic growth driver and to fulfil its role as a Key Town, focussed on regeneration, implementation of Project Carlow 2040 A Vision for Regeneration, sustainable development, quality of life and economic investment. 

S. O3

IT Carlow & Technological University of the South East

Support and facilitate the development and further expansion of IT Carlow, its links with industry and its transition with IT Waterford to the Technological University of the South East which is critical for the optimum social and economic development of the region. 

 

S. O4

Role of District Towns

Promote consolidation and growth in the District Towns of Tullow and Muine Bheag along with targeted investment to improve local employment,  services and sustainable transport options, building on existing assets.

S. O5

Economic Development

Maintain and promote a broad economic and employment base in the County which seeks to maximise the economic assets of the County, including third level institutes, the strategic location of Carlow proximate to Dublin and Waterford Cities along the M9 and the Midlands along the N80. 

 

S. O6

Rural Areas

Support the role of rural areas with an increased emphasis on the renewal of smaller towns and villages and to seek to sustain the livelihood of rural communities by promoting the development of the wider rural economy while recognising the need to sustainably manage land and resources. 

 

S. O7

Quality of life, healthy placemaking & good design

Protect and enhance the unique character and identity of Carlow’s towns and villages and improve quality of life and well-being through regeneration, healthy placemaking, good quality design with the creation of attractive public spaces that are vibrant, distinctive, safe and accessible and which promote and facilitate positive social interaction.  

 

S. O8

Climate adaptation & mitigation

Transition to a low carbon and climate resilient County by developing renewable indigenous energy resources, by supporting energy efficiency, reducing energy demand, and by implementing mitigation and adaptation responses to climate change.

 

S. O9

Protection of natural & built heritage

Afford suitable protection to the environment, built, cultural and natural heritage assets of Carlow, to ensure their survival for future generations and to ensure they contribute to the future sustainable development of the County. 

 

S. O10

Green infrastructure & eco-systems services

Conserve and enhance the County’s Green Infrastructure and ecosystem services supporting the sustainable management of natural assets and the biodiversity of the County’s protected habitats and species to provide a wide range of environmental, social and economic benefits to communities. 

S. O11

Infrastructure & environmental services.

Promote the provision and maintenance of high-quality infrastructure and infrastructural networks and environmental services which seek to complement the overall economic and settlement strategy and contribute to the sustainable development of the area.

 

S. O12

Transportation & land use planning

Ensure the proper integration of transportation and land use planning through the increased use of sustainable transport modes and the minimisation of travel demand to achieve a sustainable, integrated and low carbon transport system. 

 

S. O13

Sustainable communities

Promote, develop and maintain sustainable communities in the County, through the provision of a range of facilities and services to meet the diverse and expanding needs of all residents including the needs of younger persons, thereby supporting community participation and social inclusion, and improving the quality of life for everyone.

16.19.2 Legislative Context

16.19.2.1 Office of the Planning Regulator

The legal basis for the Office of the Planning Regulations (OPR), including its role and functions, was established under the Planning and Development (Amendment) Act 2018.  The OPR operates an independent monitoring role in relation to the assessment of all local authority forward planning programmes and advises Government on the implementation of local authority statutory planning processes.

 

16.19.2.2 Two Year Progress Reports

In accordance with the provisions of Section 15 of the Planning and Development Act 2000 (as amended), the Council has a statutory obligation to:

  • Secure the implementation of the objectives in this Plan; and,
  • Prepare a report on achieving the objectives not more than 2 years after the making of this Plan. 

The Council also has a statutory obligation to prepare and submit a report to the Southern Regional Assembly every 2 years, which must outline the progress made in supporting relevant objectives in the Regional Spatial and Economic Strategy (RSES).  The requirements of Section 22A(2) of the Planning and Development Act 2000 (as amended) refer in this regard. 

16.19.3 Implementation

The implementation of the Plan will be achieved in a number of different ways, including:

  • The application of the policies, objectives, standards, and related provisions in the assessment of planning applications for permissions, including local authority development.  In view of the cross-cutting and multi-faceted scope of many of the policies and objectives in the Plan, they will contribute to the achievement of multiple Strategic Objectives in the Plan, which are themselves interconnected.  
  • The integration of the strategies, policies, and objectives of the Plan with lower order plans including the Local Area Plans for Carlow Town and Environs, Tullow, and Muinebheag, and with the Small-Town Plans for Rathvilly, Leighlinbridge, Ballon, Borris, Hacketstown, and Carrickduff.
  • Investment in infrastructure and environmental services that underpin the policies and objectives of the Plan.  The Strategic Objectives in the Plan, and the Core Strategy, establish the priorities for the provision and improvement of infrastructure and environmental services by the Council and by other agencies, subject to the availability of funding. 
  • The ongoing monitoring of the strategies, policies, and objectives in the Plan as appropriate.
  • Identifying the need for any adjustments to strategies, policies, and objectives over the lifetime of the Plan, as appropriate, and in future reviews.

16.19.4 Funding

The fulfilment of policies and objectives in the Plan, including strategies or projects, will be dependent on capital funding from the Government and other state agencies.  The Council’s own funds are allocated under the annual budget that is adopted each year by the Elected Members.   

16.19.4.1 Development Contributions

Development contributions for the provision of infrastructure and services such as roads, footpaths, surface water drainage, amenity and open space provision, will be applied as appropriate to development proposals granted permission.  The details and basis for the determination of the contributions are set out in the Council’s Development Contributions Scheme, which is adopted in accordance with Section 48 of the Planning and Development Act 2000 (as amended).  

16.19.4.2 Other Sources of Funding

Other sources of funding that will assist in the implementation of policies and objectives in the Plan include:

  • Rural and Urban Regeneration Funds (RRDF and URDF):  These funds arise from the National Development Plan in support of the National Planning Framework (NPF) and other national strategies and are available to support the implementation of local authority developments plans and local economic and community plan objectives.  The types of projects eligible for funding include measures to address building vacancy and refurbishment, public realm improvements, enabling infrastructure, and sustainable mobility.
  • Climate Action Fund:  This aims to support initiatives that contribute to the achievement of Ireland’s climate and energy targets.
  • Smarter Travel and Active Travel Funding:  Funding allocated by the National Transport Agency NTA) to support area-based transport assessments, local transport plans, and sustainable transport projects.
  • Irish Water Capital Investment Funding: Funding for new and upgraded water and waste water infrastructure e.g. wastewater treatment plants.
  • Small Towns and Villages Growth Programme:  Funding to support growth in small towns and villages through upgrades to wastewater treatment plants.
  • National Biodiversity Funding and Grant:  Funding to support local authority biodiversity plans and projects. 
  • Public Private Partnership: Involves a partnership agreement between the public and private sector for the delivery of specific projects relating to public services and infrastructure. Such approaches ensure a commitment to funding due to interlinked public and private assistance and aims at ensuring the most economically efficient manner of development.

16.19.5 Environmental Monitoring

Article 10 of the SEA Directive requires monitoring of the significant environmental effects of the implementation of this Plan in order to identify, at an early stage, unforeseen adverse effects and to enable appropriate remedial action to be undertaken. While the ongoing implementation of the policies and objectives of the Plan and the monitoring processes detailed above incorporates some monitoring of environment related objectives, the full and comprehensive monitoring and evaluation assessment, required to be undertaken under Article 10 of the SEA Directive, is set out in the Strategic Environmental Assessment included in Appendix I.

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Please see attached Letter 
See attached.  In summary: The proposed revision to Electric Vehicle Charging Point requirements is of concern in that it does not align with emerging national standards and otherwise is...
See attached.  Insummary: The floorspace cap proposed for the land use zoning objective (Amendment no. 169) is of concern in that it undermines the potential for development in the...