Section D:
Chapter 7: Economic Development
- This chapter sets out the Coucil's policies and proposals that relate to economic development.
Objective
- To identify land for employment uses and to support an extension of existing employment generating activities such as marine-based activities (eg fishing and aquaculture) and agriculture, to provide for an increase in diversification of employment opportunities,
Background
- In recent years Kilrush has not realised the level of economic growth achieved elsewhere within the county or nationally. During the second half of the twentieth century the West Clare railway was closed and there was also decline in the traditional industries resulting in closures and high unemployment in shipping, fishing, milling, ceramics manufacturing and seaweed processing. The loss of income to the local economy resulted in the closure of shops, hotels, dance halls, and a cinema. The construction of Moneypoint power station provided temporary respite, but following the construction the local economy went into decline and out-migration continued.
The Local Economy
- Towards the end of the twentieth century new industry and business has returned to Kilrush with the support of tax incentives and promotion through agencies such as Shannon Development. Despite the slight decrease in population since 2002, according to the 2006 census, there are indications that employment opportunities are increasing. The installation of the new An Post BillPay building on the Cappagh Road accommodates 50 employees and the decentralised offices of the Revenue Commissioners will bring an additional 50 employees to the town to the same building.
- The general trends in employment in Kilrush area largely mirrors the national trend between 1991 and 2002 where employment is increasing with an increase in employment in the professional and service sectors.
- The implementation of the Town Renewal Scheme has seen significant redevelopment of key town centre buildings, including the Glynn's Mills, which has generated employment in the construction industry and will provide the first hotel in Kilrush.
- Key employees in the town include St. Goban (Chemfab Ltd), Broderick's Furniture Factory, Nordman Profile, Shannonside Building and Timber Suppliers and the Kerry Co-0p. The Kilrush Marina is a significant economic asset which has yet to be fully realised from an economic perspective.
- The on-going retrofit of Moneypoint continues to be a major employer and many of the workforce would be drawn from Kilrush. The retrofit of Moneypoint is scheduled to continue until approximately the end of 2008 and this has generated many additional jobs which has drawn a large additional workforce from outside the town.
- The future economic growth of Kilrush will benefit significantly from the installation of MANS (broadband) in 2007 which will provide incentive and opportunity to attract IT related industries and those which rely on IT to undertake their business practises, to the area. The E-Town concept is one which could capitalise on this IT base.
Policy E1: Employment Location
Proposals for employment generating development will be encouraged to locate within the settlement of kilrush.
- Employment generating development proposals will normally be expected to locate within suitably zoned areas for business, industry, retail, maritime and tourism. In order to encourage the better sustainable use of land and influence travel patterns, the employment objectives and employment land supply seek to provide the majority of new land in close proximity to the town and on the main road transport network. The policy seeks to protect other areas, such as the open countryside from inappropriate employment generating development proposals.
Policy E2: Employment Land Supply
The supply of employment land will comprise of:
- Lands zoned for industrial, commercial, retail and maritime related purposes;
- Land with established employment generating uses; and
- The Town and Local Centres of Kilrush and
- The re-use and adaptation of buildings elsewhere in the plan area or development as part of an existing group of buildings.
- Appropriate locations for employment generating development are set out in this policy and comprise land zoned within the Plan for such purposes, existing employment areas, the town and local centres of Kilrush and through the adaptation of buildings in the countryside. Should the Town Council decide to relocate their offices from the Town Hall, these will be facilitated under this policy. Each development proposal will be considered against these criteria as well as their acceptability with regard to other policies established in the Development Plan.
Policy E3: Employment Related Development
Proposals for new employment generating development or extensions to existing employment generating development will be permitted where it can be clearly demonstrated that:
- They are of a scale in terms of number of employees and site and building size suitable for the location; and
- They are appropriate to the respective area in terms of size and the type of employment development to be provided; and
- They would not result in adverse transport effects; and
- They would have no significant detrimental effect on the surrounding area or on the amenity of adjacent and nearby occupiers nor result in the loss of actively managed agricultural land; and
- The proposed development is not for a type of use for which land is allocated elsewhere in the plan area and there is no land reasonably available for development in such an area.
- Agricultural industry has a significant role to play in the economy and environmental quality of the plan area. Management of the open countryside outside the built up areas is achieved through management of the land for agricultural purposes. The Council will consider the loss of actively managed agricultural land to be a significant detrimental effect. The quality of the open countryside is an important part of the attraction of the area to tourism.
- There may be occasions where the locational requirements for some form of development will result in the loss of active agricultural land. These circumstances are not likely to be usual but may be necessary either for the continuation of the viability of the agricultural activity or in the public interest.
- Maritime activities including mariculture and other sea-orientated activities play an important role due to the location of Kilrush on the Shannon Estuary. Where potential exists to develop these activities this should be accommodated in line with Policy E3.
Policy E4: Development of Seveso Establishments
The council will require the national authority for occupational safety and health to provide technical advice on developments related to Seveso establishments when decisions are taken relating to:
- The siting of new seveso establishments; and
- The modification of an existing Seveso establishment; and
- Proposed development in the vicinity of an existing Seveso establishment.
- A Seveso establishment is an industrial company which has notified the National Authority For Occupational Safety and Health as meeting a specified threshold for quantities of hazardous substances as outlined by European Communities (Control of Major Accident Hazards involving Dangerous Substances) Regulations 2000.There are currently no Seveso establishments in the Plan area. In the event of one locating in the area the policy will apply.
- In line with the requirements laid down by Directive 96/82/EC, as
implemented by the said Regulations, SI No. 476 of 2000. The National Authority
For Occupational Safety and Health, as the Central Competent Authority, is
obliged to provide technical advice to the Planning Authority in case of
relevant decisions taken relating to:
- development within the vicinity of existing Seveso site areas;
- the proposed development of a new Seveso establishment; and
- the modification of an existing establishment.
Policy E5: Agricultural Buildings
Proposals for the erection of agricultural buildings will be permitted where it can be clearly demonstrated that:
- They are sited on land which is in use for agricultural purposesand there are no existing suitable underused buildings available; and
- Adequate provision is made for access and manoeuvring of machinery and livestock to avert perpetuation, intensification or creation of a traffic hazard: and
- Development will not have unacceptable environmental effects; and
- The proposal will not prejudice the amenities of people residing in the area or using the area for the purposes of tourism.
- There will be a general presumption against the granting of planning permission for new agricultural buildings on farmlands where consent has already been granted for alternative use of other buildings deemed surplus to requirements where these could serve the purpose of the proposed development.
- The Council will require that agricultural buildings be sited as unobtrusively as possible, normally within the existing farmyard complex, and be constructed of materials and in colours which will blend with their surroundings and reduce their overall impact on the landscape.
- Agricultural developments should minimise interference with existing hedgerows and trees. In certain circumstances, the Council may require the submission of a scheme of landscape works in order to provide visual screening for a development.
- The Council will require that agricultural developments be designed to Department of Agricultural and Food standards. When assessing the adequacy of effluent handling facilities, the following will be considered to be soiled waste: slurry, soiled yard run-off, milk washings, silage effluent, and dungstead seepage. The holding period required for purposes of calculating waste handling facilities will be between 16 and 26 weeks, depending on the nature of the land on which soiled waste will be spread.
Policy E6: Agricultural Diversification
Development proposals for agricultural diversification in the open countryside will be permitted where:
- They do not harm the character or amenity of surrounding areas; and
- They would not prejudice the future agricultural operation of the farm.
- Council seeks to retain rural communities and in an effort to achieve this will give favourable consideration to appropriate proposals for on-farm agricultural diversification schemes. The Council will seek to ensure that the scale and nature of proposals is appropriate to the location and that they can be satisfactorily integrated into the rural landscape.
Policy E7: Forestry And Agricultural Related Development
Proposals for agricultural or forestry related development will normally be permitted where it can be clearly demonstrated that:
- They are appropriate in nature and scale to the area in which they are located; and
- The proposal is necessary for the efficient use of the agricultural holding or enterprise; and
- Where the proposal involves the erection of buildings, there are no suitable redundant buildings on the farm holding which would accommodate the development; and
- The proposal is sited adjacent to existing buildings and suitably visually integrated in the holding; and
- The proposal demonstrates that it has taken into account traffic, environmental and amenity considerations and is in accordance with the policies, requirements and guidance contained in this plan.
- The permanent loss of good quality agricultural or forestry lands outside the Kilrush settlement boundary would not be supported. The Council is also concerned to ensure that proposed agricultural and forestry related developments are considered in relation to their likely impact on the character and amenity of the surrounding area, as outlined in Policy ENV8.
Policy E8: Employment Generating Uses In The Countryside
Proposals for employment generating development which involve the re-use or adaptation of non-agricultural buildings in the countryside will be permitted where:
- They do not harm the character or amenity of surrounding areas; and
- Are of a scale and nature which is sympathetic towards the character of the building and its surroundings; and
- The proposal will not give rise to adverse environmental and transport effects or be prejudicial to residential amenity.
- Where there is existing development in the countryside where the use has been abandoned, there is potential for development for non-agricultural purposes, for example creameries, abandoned petrol stations, old farm buildings, piers and associated buildings. The Council will seek to ensure that the scale and nature of any proposed development relating to such structures is appropriate to the location and that the proposal can be satisfactorily integrated into the rural landscape.
Policy E9: Home-Based Employment
Proposals for development which involve change of use or new development for purposes of home-based employment will be permitted where it can be clearly demonstrated that:
- The proposal is of an appropriate scale for its location; and
- The proposal will not give rise to adverse environmental and transport effects or be prejudicial to residential amenity.
- Council consider it vital to maximise the opportunities afforded for home-based working by developing technology. Home working can contribute significantly to the local economy, by allowing access to new markets which provide new economic opportunities and encourage the spread of entrepreneurial activity and ideas. Home working can also be beneficial in reducing the need to travel. Of particular relevance to Kilrush, it offers opportunities for encouraging re-population in the area and existing population to reside in the area, by being able to avail of employment opportunities through home-working.
Chapter 8: Tourism
- This chapter sets out the Council's policies and proposals that relate to tourism.
Objective
- To facilitate the development of an innovative and integrated tourism product which respects and compliments the unique environment, traditions and diversity of Kilrush and to promote the town's status as a premier visitor destination within the County.
Background
- Kilrush is located at the cross-roads of two major routes for tourists both domestic and international visitors. The most significant of these routes uses the Killimer-Tarbet ferry to take tourists on the north-south corridor between Cork, Kerry and Galway. The east-west route takes a larger proportion of domestic visitor traffic between Limerick and Ennis to West Clare and seaside resorts such as Kilkee. The route is also the main public transport route linking bus, rail and airport services at Ennis and Shannon.
- The potential exists to encourage a larger proportion of the tourism traffic to stop within Kilrush and to increase the length of stay and visit the numerous attractions that the town has to offer. Problems of traffic congestion and parking problems are recognised as critical issues that affect the overall visitor experience.
- The natural tourism assets that Kilrush has to offer, including its coastline, the harbour and marina related activities, Scattery Island and Dolphin Watching excursions along the Shannon Estuary, the coastal drive and beach at Cappagh, all need to be made safely and easily accessible to the visitor whilst ensuring that the resource is sustainably managed.
Policy TOU1: Extending the Tourism Base
The Council will work with others to promote and support the extension and diversification of the range of tourism facilities and attractions throughout the area in so far as they do not conflict with the aims of other policies in the Plan. Similarly, proposals for development that will unacceptably prejudice the growth of Kilrush as a tourist centre will not be permitted.
The Council will seek to promote the strategic links with Shannon Airport and the major tourism and visitor attractions within the County and the region as a whole in order to support the tourist economy of Kilrush.
- The Council recognises the important role tourism plays in the Kilrush economy and as such the Council will seek to facilitate tourism developments which supports the role of Kilrush as a tourist centre, where they are compatible with the aims and objectives of the Plan; are not obtrusive to their setting; and are not to the detriment of the built and natural environment.
- The Council manages the Vandeleur Gardens and the Heritage Centre as well as supporting a range of tourist activities and initiatives in Kilrush. Kilrush will continue to be promoted as a premier visitor destination within the County by the marketing officer for the town as well as by the marketing activities of the Clare Tourism Forum.
Policy TOU2: Special Interest, Marine and Activity Based Tourism
The Council will support special interest, marine and activity related tourist development around the marina and Shannon Estuary and will presume in favour of applications for activities and infrastructure supporting water and marine based activities, such as sailing, sub-aqua diving, dolphin watching, bird watching and angling; and shore activities such as walking and cycling.
- Council will consult with the Department of Environment, Heritage and Local Government on proposals which impact on the Shannon Estuary and Kilrush harbour Special Areas of Conservation (SAC) designations. The specialist visitor markets, including marine, water and eco-tourism are all markets which Kilrush can continue to develop and would be of appeal to an international market. The Council will support and promote development which is considered to develop these markets.
Policy TOU3: Promotion of Traditional Fairs and Markets
The Council will promote the development of traditional fairs and markets in suitable locations to support the tourism and economic development of the town, in so far as they do not conflict with the aims of other policies in the Plan.
- The four traditional fairs held through-out the year and the Annual Horse Fair are events that reflect the culture and life of the people of Kilrush and its hinterland. Such events present huge visitor appeal and as part of the tourism product, the Council will support their development and promotion. As part of the marketing programme for the town, the Marketing Officer will assist in the promotion and development of such events.
Policy TOU4: Tourism Related Development
Proposals for new or extended tourism related development, including those relating to the harbour area SDA2 will be permitted subject to:
- Integration with existing holiday/tourism facilities; and
- Adequate access serving the development and there are no associated adverse transport effects; and
- Car-parking proposed in accordance with the standards established in the Plan; and
- There will be no adverse impact to any conservation interest, heritage interest, landscape or residential amenity; and
- Appropriate design that takes into account size, scale and materials of existing facilities; and
- Visitor Management Schemes.
- In recognition of the importance of the Kilrush harbour area in terms of its existing and future contribution to the physical and economic development of Kilrush, the site is identified within the Plan as a Strategic Development Area SDA2 as shown on the Land Use Zoning Map. Any development proposals must demonstrate their physical and social integration with the town, the built and natural environment and the current activities of the harbour and the Shannon Estuary. Proposals for the harbour area should be considered within the context of guidance under SDA2.
Policy TOU5: Hotel and Hostel Accommodation
Proposals for the development of Hotels/Hostels within the town centre, or a Hotel on the out of town proposal site PS1, will be permitted where it can be clearly demonstrated that development:
- Will be served by satisfactory access to a public road: and
- Complies with car-parking and servicing standards; and
- Does not have an unacceptable transport or environmental effect; and
- Does not adversely affect the character of the Architectural Conservation Area; and
- Where it is located outside of the town centre, does not undermine the vitality of the town centre; and
- There is no adverse effect upon the character of the area.
- The plan area contains a range of guest house, bed and breakfast, hostel and apartment accommodation. It is recognised that in order to increase tourist bed nights in the area there is a need to upgrade and expand the visitor accommodation base. Kilrush's first hotel is currently under construction within the town centre which will make a significant contribution to the marketability of Kilrush in terms of the type of additional business that could now be attracted, as a result of the additional accommodation and supplementary facilities it has to offer.
- As the tourist product develops in Kilrush, the capacity to develop additional hotel accommodation which targets specific markets, outside of the town centre, will become more viable opportunities and these will further support and compliment the tourism offer of Kilrush. The Proposal Site PS2 provides for the development of a health/spa hotel which could attract significant additional economic benefits to the town without undermining the viability of the town centre. Similarly any future development of the harbour area presents the opportunity for additional hotel development to further expand the accommodation offer in the town.
- Proposed development will be encouraged to adopt a sustainable approach to energy efficiency of buildings and to incorporate alternative renewable methods of energy provision in the overall design of the development in an integrated manner. This could in turn be a positive move towards establishing and promoting Kilrush for educational and eco-tourism, thus further diversifying the tourism product.
POLICY TOU6: BED AND BREAKFAST ACCOMMODATION
Proposals for Bed and Breakfast development will be permitted where it can be clearly demonstrated that:
- Development will be served by a satisfactory access to a public road; and
- Development complies with car parking and servicing standards; and
- Development will not have an unacceptable transport or environmental effect; and
- Existing residential amenities will not be unacceptably prejudiced; and
- There is no adverse effect upon the character of the area.
- Bed and breakfast establishments fulfil an invaluable role in providing a flexible tourist accommodation type which significantly increases the short stay tourist capacity of the Plan area. The Council will encourage the establishment of bed and breakfast accommodation where it does not conflict with existing residential amenity or give rise to unacceptable levels of on-street parking.
Caravan and Camp Sites
Policy TOU7: Caravan and Camp Sites
Proposals for Caravan and Camp Site development up to one hectare will be permitted where it can be clearly demonstrated that:
- Development will not have an unacceptable transport or environmental effect: and
- Existing Residential Amenities will not be unacceptably prejudiced: and
- There is no adverse effect upon the character of the area.
- There are currently no caravan or camping sites in the Plan area. The main problem associated with touring caravan sites are visual and result from poor location, layout and lack of screening. Sties are often prominent in the landscape and often have a detrimental effect on the appearance and character of the area. The Council will therefore expect a high quality of design in all development proposals for touring caravan sites or camping sites. It will also seek to regulate the usage of these sites during the agreed periods of the year outlined in the permission attached to the development.
- Permanent static caravan sites are also a popular form of holiday accommodation yet there are currently none in the plan area. Proposals for development of static caravan sites must be considered within the context of this policy.
Chapter 9: Environment
- This chapter sets out the Council's policies for the protection, conservation and enhancement of the natural and built environment.
Objectives
- To conserve and enhance the local distinctiveness reflected in the built environment, the natural landscape, and the cultural heritage of the plan area by encouraging sympathetic design and siting of buildings and to allow for appropriate re-use of derelict buildings and sites.
- To conserve the environmental resources of the plan area including the harbour and Shannon Estuary and their habitats and protection of the water quality, seeking environmental protection where necessary in order to safeguard and improve the environment in its broadest sense for present and future generations.
Background
- Kilrush and its hinterland possesses a rich diversity of natural and cultural heritage. Local heritage includes local landscapes, rivers, lakes, inland waterways, woods, local flora and fauna, boglands, islands, historic buildings and objects, monuments and archaeological sites. This heritage is one of the foundation stones of local identity, contributing to the quality of life of local people and attracting visitors and tourists to the area. However, it is a finite resource and needs to be protected through policies in this plan in order to be sustained for the enjoyment of future generations. Environmental policy seeks to safeguard and enhance the environment in its broadest sense for present and future generations.
Requirements for Environmental Impact Statements
- Environmental assessment is a means of evaluating the full environmental impact of development. All environmental assessments consider alternative development proposals, assess the impacts of these alternatives, proposes measures to avoid, mitigate against or compensate for adverse impacts and in each case lead to the production of an environmental statement. This statement is submitted as supporting information with a planning application or if deemed necessary, after an application has been submitted.
- Development proposals of the type listed in Schedule Five of the Planning and Development Regulations 2001 require an Environmental Impact Assessment. The schedule is very broad ranging and if there is any doubt whether or not a proposal requires an environmental impact assessment reference should be made to the Council.
- Where an Environmental Impact Assessment is required the applicant or person intending to apply for planning permission may request the Council to provide a written opinion on the information that is needed to be contained in an Environmental Impact Statement. Such information will be specific to the development being proposed. The criteria for environmental assessment that constitute the framework of headings and basic breadth of information that will need to be provided to form the structure of any environmental assessment can be found in the Appendix to this Plan.
Policy ENV1: Landscape Conservation
Proposals for development within the open countryside will normally be permitted only where it can be clearly demonstrated that:
- There are no adverse effects on the character of the landscape; and
- A high standard of site layout, design and building materials is incorporated to conserve and enhance this landscape character.
- The landscape is the visible environment in its entirety, comprised of both natural and human-made elements including topography, water, vegetation, wildlife habitats, open space, buildings and other structures and views. Very little landscape remains that does not bear the marks of centuries of human habitation.
- It is important to conserve the unique character of landscapes; their historic features, natural areas, geomorphology, buildings settlement patterns and archaeological sites. These all contribute to an important landscape resource and values that need to be preserved. This will help to conserve and enhance diversity and reinforce sense of place.
- The plan area has a landscape described as an area of lowland ridge farmland. This means that it is typified by rolling landform with a series of shallow ridges, diverse field patterns, dispersed farmlands, small woodlands and rocky coastline.
- At a local level the landscape character reflects greater local distinctiveness with the variety of current and historic land-uses and the natural and semi-natural habitat distribution within the valley running inland from Kilrush harbour, the Wood River Valley, the wooded parkland, the ridges to the east and west and the higher land to the north provide a framework within which the settlements of Kilrush and Cappagh have evolved.
- For Kilrush to retain its distinctive landscape character it is necessary to assess and monitor all development proposals which may have an adverse impact on the character of the landscape in the area. The Planning and Development Act 2000 requires Development Plans to include policies for the preservation of the character of the landscape where it is the opinion of the planning authority that the proper planning and development of the area requires it.
- Proposals for development that significantly impact upon the landscape character, including visual impacts, will be accompanied by an assessment of the impact upon the surrounding landscape area to the extent to which that impact outside as well as inside the Plan area.
Policy ENV2: Protection Of Areas Of Nature Conservation
Proposals for development will only be permitted where it can be clearly demonstrated that :
- There is no direct or indirect adverse effect on areas designated as sites or candidate or potential sites of national or international importance for wildlife; and
- There will be no direct or indirect impact upon protected species and their habitats; and
- There will be no adverse impacts upon features of major importance to wild flora and fauna; and
- There are no unacceptable effects to features of geological or geomorphological importance; and
- There are no unacceptable effects on local biodiversity or wildlife corridors.
- The Shannon Estuary and Kilrush Harbour are designated as candidate Special Areas of Conservation (SAC). Development in designated, candidate or potential Special Areas of Conservation, Special Protection Areas or other sites designated under the Habitats Directive and Natural Heritage Areas will not be permitted where it will have significant ecological impacts on the integrity of those sites.
- The Planning and Development Act 2000 (Section 19 (2(c)) requires the conservation and protection of European sites. Where development is proposed that will have a direct or indirect impact upon an area designated as being of national or international importance for wildlife or upon species identified in the Wildlife Act as being protected species and their habitats the Council will require the submission of an Environmental Statement assessing the impact of the proposals and showing how such impacts can be avoided, mitigated against or compensated for.
- The Planning and Development Act 2000 Schedule One (Part IV (4)) provides for the protection of features of the landscape which are of major importance for wild flora and fauna. These can be linear features such as hedgerows, rivers and tree belts that allow for the movement and distribution of wild flora and fauna either continuously or as stepping stones through otherwise inhospitable habitat areas or as individual habitats or cluster of habitats such as ponds or wetland areas that collectively support the movement and genetic diversity of wild flora and fauna.
- Of the 533 hectares of the plan area, only 206 hectares are developed. The remaining open area is mainly open farmland, woodland or the open water of the harbour. The undeveloped lands comprises a variety of grassland, woodland, freshwater, marine and coastland habitats that will support a wide range of wild flora and fauna and their habitats that collectively make up the local biodiversity of Kilrush.
- Distinctive larger habitats include Kilrush Woods and Vandeleur Gardens, a mix of broadleaf and conifer plantation, covering an area of 72 hectares and Kilrush harbour 17 hectares once tidal now controlled by lock gates which retain a high water tide level. Outside the lock gates are mud flats that provide feeding grounds for estuarine birds.
Policy ENV3: Retention, Protection and Enhancement of landscape features
Proposals for development will be permitted where it can be clearly demonstrated that they retain, protect and where necessary enhance the appearance and character of existing local landscape features, in particular hedgerows, shelter belts and stone walls. the council will encourage the planting of trees in appropriate locations where they will contribute to landscape quality, habitat diversity and the street scene.
- Local landscape features such as rivers, streams, ponds, lakes, woodlands, and field boundaries can make a considerable contribution to the amenity and local distinctiveness of both rural and urban landscapes. It is these landscapes that are at the greatest threat from permanent alteration through development. The Council therefore consider it important to ensure that these landscape features are protected from further adverse effects of development through policies within the Development Plan.
- In considering features of geological or geomorphological importance reference will be made to The Geology of Clare published in 2005 by the Geological Survey of Ireland Hedgerows, shelter belts and stone walls are an important feature of the landscape and reflect the rural character of the plan area. Hedgerows and shelter belts provide valuable wildlife habitat and many hedgerows and stone walls mark parish and townland boundaries and give insight into land ownership and land use in an area. The stone walls around Vandeleur Estate are of particular importance as being locally distinctive in the eastern part of the Plan area.
- The principal aim of this policy is to retain a better environment for present and future generations, by conserving and protecting the character, diversity and amenity of the Kilrush landscape; to protect the continuity of wildlife habitat corridors of the Plan area; and to improve degraded areas.
- Tree planting will be encouraged throughout the Plan area where it makes a positive contribution to the local environment. Tree planting in urban areas along streets or in public open spaces can significantly improve the quality of the street scene.
Policy ENV4: Protection Of Views
Proposals for development that will interfere directly or indirectly with the enjoyment of the views as defined on the proposals map will be permitted only where it can be clearly demonstrated that;
- There will be no obstruction to the view from a public place; and
- Development will compliment the enjoyment of that view; and
- Development will not conflict with other policies in the plan.
- The Council has identified locations from which important views can be obtained. These locations are of particular importance to the Plan area and are regarded as worthy of protection, as they contribute significantly to the scenic importance of the town. These locations are defined on the proposals map.
- The County Development Plan identifies vulnerable landscape areas which follow the coast of the West Clare area. The areas within the Plan area that are important to safeguard for their views and prospects coincide generally with the areas identified in the County Development Plan.
- The Council will exercise a high level of control for any
development proposal that will detract from the views at the following
locations:
- Views of the distant coastline and Kerry Hills, Scattery Island and the townscape on the Kilkee Road.
- Views along the Cappagh Road south of the distant islands and Kerry Hills, the foreground of the port and beach
- Views of the islands, harbour, coastline from the Leadmore Road southwards
- Views of the islands, harbour and coastline from the Pella Road south westwards.
Policy ENV5: Protection of Trees
Proposals for development that would result in the loss, destruction or significant damage to any tree, or shrub, which makes a recognised contribution to the amenity, character or appearance of the area will not normally be permitted.
- Townscapes generally benefit from the presence of trees, not least because they soften the line of buildings, act as wildlife habitats and provide scale to buildings and streets. The Council will encourage development proposals that enhance the landscape through positive management and additional planting of native tree species. There are instances where trees are not always appropriate such as where streets were planned with long vistas in mind.
- Trees and shrubs also filter out dust and pollutants. Plant and soil cover act as a significant carbon sink and retain moisture in a way that concrete and tarmac cannot. Planting of new or replacement trees may be required as a condition of planning permission. Generally, voluntary planting of native trees will be encouraged. However, inappropriate planting can cause harm to buildings, walls and sewers. Care needs to be taken to select plant species and location carefully to prevent this damage from occurring, therefore the Council will require developers to submit a vegetation survey including species, size and condition of trees to be retained and planting plan detailing species and location of trees to be planted.
Policy ENV6: Protection of water resources
Development which would have an unacceptable effect on the water environment, including surface water and groundwater quality and quantity, river corridors and associated wetlands will not normally be permitted.
- Groundwater reserves are an invaluable source of water supply for the public, industry and agriculture as well as being important for sustaining the base flow of the rivers and their tributaries in the plan area. The clean up of contaminated groundwater is difficult, expensive and sometimes impossible. It is therefore considered prudent to prevent or reduce the risk of groundwater contamination than have to address its consequences. Groundwater protection is afforded through policies SER1, SER2, SER3 of the Plan.
- Proposals for development will be required to incorporate sustainable drainage schemes for the disposal of surface waters. Where this is not possible it must be demonstrated that and acceptable alternative means of surface water disposal is incorporated. Similarly a 10 metre buffer from the bank must be retained in any proposed development adjacent to a water resource.
Policy ENV7: Protection Of Designated Mariculture Areas
Development either on or off shore which would have an unacceptable effect on designated mariculture areas, particularly developments involving the discharge of effluent or the abstraction of water into such areas will not normally be permitted.
- It is necessary to protect the rivers, coastal waters and rivers in the Kilrush area for the purpose and use of drinking, fishing, nature conservation, bathing and other water-related activities. Already the surface run-off from activities such as farming and quarrying contaminates local water bodies and sources. It is important to protect areas of coastline and the Shannon Estuary which are designated as important areas for mariculture.
Air Quality
- The main source of air pollution is vehicle generated. High traffic flows and congestion can give rise to significant levels of pollution. Other sources of air pollution are irregular, but can occur around commercial and industrial premises.
- Air pollution is an environmental effect that will be considered in applying policies in the Plan, particularly with regard to proposals for commercial and industrial development.
- The locational policies on Transport seek to address traffic generated air pollution by reducing car dependency and encouraging alternative modes of transport.
Policy ENV8: Forestry
When the Planning Authority determines proposals for afforestation they will normally be permitted, or is consulted on proposals for other forestry applications, they will normally be supported, where it can be clearly demonstrated that:
- They are appropriate in nature and scale to the area in which they are located; and
- They integrate successfully into the landscape by locating close to existing forest rotations avoiding problems of isolation and hard straight edges and avoiding ridge tops and skylines; and
- The features of the surrounding landscape have been considered in determining the species of the main forest canopy and in particular the viewed 'edge' and adjacent boundary planting (ie. the buffer zone between forest and surrounding landscape);
- Diversity of species in line with the County Development Plans's aim of 20% broadleaf planting has been achieved; and
- The planting is kept back at least 60m from all dwellings and properties where the forest forms the boundary on one side of the building or buildings. Where the property is flanked on two or more sides and is 0.2 hectares or less in area and set back 30m from the property boundary; and
- The proposed development is not located in areas with outstanding visual beauty including SAC's, NHA's, SPA's,Galway Bay, Atlantic Coastal locations (including the vulnerable landscape areas), and areas of historical or archaeological importance; and
- There are no adverse impacts on
- Water quality
- Scenic routes
- Residential amenity
- Agriculture
- Infrastructure
- Marginal land with high bio-diversity; and
- Traffic, environmental and amenity considerations have been taken into account and proposals are in accordance with the policies, requirements and guidance contained in this plan; and
- All relevant national forestry guidelines have been adhered to.
- Proposals should not be visually intrusive in the local landscape and should not have a detrimental effect on the character and amenity of the surrounding area.
- The relevant national forestry guidelines referred to above are:
- The Irish National Standard
- The Code Of Best Forest Practice - Ireland
- Forestry and Water Quality Guidelines
- Forestry and Bio-Diversity Guidelines
- Forestry and Archaeological Guidelines
- Forestry and Landscape Guidelines
- Forest Harvesting and the Environment Guidelines
- Good design and attention to shape, scale, diversity, margins, open space and views will help to ensure that these plantations will compliment the character of the landscape in which they sit. For this reason the intrusion and monotony associated with large-scale, geometric, event-aged, single species should be avoided.
Archaeology
- Kilrush has a number of historical and archaeological remains. Archaeological remains are a finite non-renewable resource particularly vulnerable to partial or total destruction, containing irreplaceable information about the past. The Council recognises the value and significance of its archaeological heritage and therefore seeks to ensure the effective protection, conservation and enhancement of archaeological sites, monuments and their settings.
Policy ENV9: Protection Of archaeological Sites and Places
Proposals for development which are likely to have an impact upon recorded monuments or areas of potential archaeological interest will only be permitted where it can be clearly demonstrated that:
- A field evaluation of the archaeological implications has been conducted; and
- Proposals for the conservation and management of archaeological resources have been included; and
- There will be no destruction of recorded monuments.
- Kilrush is a late nineteenth century planned town with acknowledged archaeological importance. Archaeological remains are a finite non-renewable resource particularly vulnerable to partial or total destruction, containing irreplaceable information about the past. The Council recognises the value and significance of its archaeological heritage and therefore seeks to ensure the effective protection, conservation and enhancement of archaeological sites, monuments and their settings.
- The Council will require any new development proposals to have regard to the archaeological survey and the Record of National Monuments and Places published by Duchas, the Heritage Service. Where significant archaeological remains are found through excavation, the Council will require a plan for their recording and conservation (either in-situ or ex-situ) as a component of a planning application.
- The Council will work with local groups and individuals to identify and protect items of archaeological interest, including those identified on the record of monuments and places, and to promote the same for purposes of education and awareness of local heritage.
- The River Shannon is an area of high archaeological potential and the underwater archaeology must be considered where development impacting upon the shoreline, harbour and river is being considered.
- Items of archaeological interest are recorded as Monuments and are identified on the Proposals map:
Mon Number / Townland / Classification
CL067-007 / Leadmore / East Enclosure
CL067-008 / Leadmore East / Holy Well
CL067-009 / Broomhill House / 17th Century House
CL067-010 / Cappagh (Moyasta) / Enclosure
CL067-06101 /Cappagh (Moyasta) / Potential Site
CL067-06102 /Cappagh (Moyasta) / Potential Site
CL067-011 / Kilrush / Ecclesiastical Remains
CL067-011/1 /Kilrush / Church
CL067-011/2 /Kilrush / Graveyard
CL067-011/3 /Feagarroge / Holy Well
Architectural Heritage
Note: Section 2 of the Architectural Heritage (National Inventory) and National Monuments (Miscellaneous Provisions) Act, 1999 defines the term "architectural heritage" as - Structures and buildings together with their settings and attendant grounds, fixtures and fittings, groups of such structures and buildings, and sites which are of architectural, artistic, cultural, scientific, social or technical interest.
Policy ENV10: Protected Structures
Development proposals for sites identified as containing protected structures will be required to incorporate measures to protect, conserve and enhance the character and appearance of the structure(s).
Proposals for development involving alterations or additions to a protected structure or its setting will only be permitted where it can clearly be demonstrated that:
- Development will be compatible with and will not detract from the special character of the structure and its setting; and
- Development will compliment and reflect the design and character of contiguous buildings and the surrounding area; and
- Features of architectural or historic interest and the historic form and structural integrity of the structure will be retained.
- The Council will seek to manage the protection and enhancement of Protected Structures as a part of the overall monitoring of the implementation of the Development Plan, including, where practicable, the provision of incentives via development charges, where appropriate.
Policy ENV11: Development affecting the setting of protected structures
Proposals for development that compromise the setting of protected structures or result in the material alteration or demolition of the structure(s) will only be permitted where:
- The structure is not capable of repair; and
- There is no compatible or viable alternative use for the structure; and
- The proposal for redevelopment has been approved by the County conservation officer.
- Development proposals on sites contiguous with a protected structure will only be permitted where it can be clearly demonstrated that the development has no adverse impacts on the character or integrity of the protected structure, or views to and from it.
- The Planning and Development Act 2000 requires every Development Plan to include a Record of Protected Structures (RPS). It is the policy and intention of the Council to protect and conserve buildings and structures, or parts of structures, the character of streetscapes and townscapes, which are of special architectural, historical, archaeological, artistic, cultural, scientific, social or technical interest.
- The Planning and Development Act 2000 removes exempted development rights where works to a protected structure or a proposed protected structure will materially affect the character of the structure or any element of the structure which contributes to its special architectural, historical, archaeological, artistic, cultural, scientific, social or technical interest, planning permission will be required where such works are proposed.
- The Council will prevent the demolition of, or any material alteration to (without planning permission), buildings and structures included in the RPS. Insensitive developments that compromise the setting of listed buildings or structures will not be permitted.
Policy ENV12: Industrial Heritage
Proposals for development that will materially affect the preservation and future use of structures of Industrial Heritage will only be permitted where it can be clearly demonstrated that:
- Such development has respect for the character, scale, design and setting of the structure; and
- Any educational and recreational values are retained.
- Kilrush has a wealth of architectural heritage, which includes archaeology with industrial aspects, as is evident by the number of structures associated with its rural heritage throughout the Plan area. Structures of industrial heritage include light-houses, signal towers, Martello Towers, piers, warehouses, mills, life boat houses, weighbridges and structures on the West Clare railway.
- The permanent way and structures associated with the West Clare railway are to be protected from development where possible, as the historical significance of the section of the line through Kilrush is recognised within the Plan, for example the permanent way, embankments and structures. The Council are undertaking to preserve, map and provide access to the West Clare railway line exploring opportunities for the development of the former line as a walking route. (See Policy REC7).
Architectural Conservation Areas
Policy ENV13: Development in Architectural Conservation Areas
Proposals for development in architectural conservation areas that involve the new build, re-use, change of use, and extension of buildings and structures will be permitted where it can be clearly demonstrated that such development will:
- Respect the scale, massing, proportions, design and materials of existing structures and reflect the character of the area and its streetscape; and
- Retain exterior architectural features that contribute to the character and appearance of the architectural conservation area; or,
- Where it is not possible to retain the existing features, make use of appropriate materials, as agreed with the Planning Authority.
Policy ENV14: Demolition in Architectural Conservation Areas
Development proposals involving the total demolition of buildings within architectural conservation areas which are not included in the Record of Protected Structures will only be permitted where it can be clearly demonstrated that:
- The existing building or structure does not contribute positively to the character or appearance of the architectural conservation area; or
- The building or structure is beyond viable repair or reuse.
Policy ENV15: Development on Adjacent Sites
Development proposals on sites immediately adjacent to an architectural conservation area will only be permitted where it can be clearly demonstrated that the development will not materially affect the character or integrity of the Architectural Conservation Area (ACA) or views into and out of the ACA.
- In accordance with the Planning and Development Act 2000, planning authorities must include objectives in Development Plans for preserving the character of Architectural Conservation Areas (ACAs). The ACA provision is complimentary to the Record of Protected Structures, allowing a clear mechanism for the protection of areas, groups of structures of townscapes, which are either of intrinsic special interest as defined or which contribute to the appreciation of protected structures.
- The Planning and Development Act 2000 removes exempted development rights where works to the exterior of a structure located in an Architectural Conservation Area will materially affect the character of the area. Planning permission will be required where such works are proposed.
- The Planning Authority has identified an area in Kilrush as Architectural Conservation Area. The Council will seek to manage the protection and enhancement of Architectural Conservation Areas as part of the overall monitoring of the implementation of the Plan. Proposals for development within Architectural Conservation Areas will be required to conserve the character and appearance of the areas.
- Architectural Conservation Areas are places, areas, groups of structures or townscapes which are of special architectural, historical, archaeological, artistic, cultural, scientific, social or technical interest contribute to the appreciation of protected structures. Their inclusion in the Plan affords greater control over the form of new development and reduces instances of inappropriate development, demolition and change within the designated areas.
- New build within these areas should reflect the scale, proportions, design and materials ofexisting structures. Furthermore the policy recognises that insensitively executed refurbishment can be equally as detrimental tot he character of such areas as leaving buildings to deteriorate.
- The Council will require that important exterior features and items of street furniture are retained and will look for the use of natural local materials where development occurs.
Derelict Sites
Policy ENV16: Derelict Sites
Refurbishment and re-use of derelict and under-utilised sites and buildings, particularly within the architectural conservation areas will be encouraged. in such cases the proposal for development shall demonstrate that:
- Such refurbishment, restoration and conservation work is of appropriate quality in design, technique and materials; and
- Development proposals for such sites must be in accordance with other development plan policies and should seek to maximise the benefits of re-using previously developed sites and structures.
- The Planning and Development Act 2000 (Sec 81) outlines that a development plan may contain policies for the development and renewal of areas in need of regeneration. The Council considers it important to secure the beneficial reuse of derelict, under-utilised and vacant sites which have previously been built on. Such recycling of sites and buildings represents a highly sustainable use of land as well as assisting in improving and enhancing the appearance of the site and the surrounding area.
- Refurbishment and reuse of derelict and under-utilised sites and buildings, particularly within the Architectural Conservation Area, will be encouraged provided that such refurbishment, restoration and conservation work is of appropriate quality in design, technique and materials. Development proposals for such sites must be in accordance with other Development Plan policies and should seek to maximise the benefits of reusing previously developed sites.
- Kilrush has a number of derelict sites and structures as identified in Appendix 5, many of which offer potential for appropriate redevelopment with opportunities to revitalise the town centre. It is critical in assessing proposals for such redevelopment that the character and scale of the existing buildings is retained in order to ensure the overall character of the town is retained.
- This section sets out the Council's policies and proposals for the provision of housing.
Objective
- To make provision for the diverse residential needs of the population of Kilrush and to provide for permanent resettlement into the plan area.
National and Regional Policy
- The priorities in the National Plan seek to promote social inclusion in the context of sustainable growth and employment.
- The Planning and Development Act 2000 (Sec 94) requires that a planning authority shall include in a development plan a strategy for the purpose of ensuring the proper planning and sustainable development of the area in respect of the housing of the existing and future population.
Background
- Public housing is a significant proportion of the housing for the Plan area, however the ratio of public to private housing has shifted over recent years towards a higher percentage of private housing being built in recent years.
- Public housing has been located within or adjacent to the existing developed areas of the town whereas private housing has tended to develop on the outskirts for example, on the Killimer Road. An exception to this is the element of private housing being developed in the form of apartments provided through restoration of old buildings within the town centre.
Housing Strategy
- The Draft Clare County Housing Strategy as reviewed reaffirms the policy of the Town Council whereby new housing development will generally be directed to existing settlements. Within this Plan the residential development locations are identified. In addition to land zoned for residential development, opportunity for new residential development is available in the form of infill (ie the development of a gap in an otherwise built up frontage) and the conversion of some non-residential buildings for residential purposes.
- All new residential development will be required to be acceptable in terms of its impact on the natural and built environment, and on current or proposed infrastructure capabilities.
- Within the plan area, the Draft Housing Strategy seeks to accommodate the housing needs of the local population.
Monitoring Housing Land
- The availability and take-up of land for residential development will be monitored to ensure the maintenance of supply. Monitoring will be undertaken in conjunction with, and to inform, the preparation of future Clare County housing strategies.
Site Suitability
- All development is subject to site suitability, whereby each site is evaluated in terms of public health, public safety, environmental impact, residential amenity, visual amenity, layout and design, and development does not give rise to ribbon development.
Policy H1: Housing Development
Proposals for housing development for permanent occupation will be permitted on land zoned for residential uses or as other settlement land where it can be clearly demonstrated that:
- The proposal respects the existing character of the surrounding area; and
- Conforms with the appropriate development standards established in the plan; and
- Provides satisfactory vehicular access to the site; and
- Provides adequate space between proposed and existing buildings to maintain the amenity of neighbouring properties; and
- Provides adequate landscape works, including the retention where possible of existing trees and hedgerows; and
- The site is in all other respects suitable; and
- The proposals are in accordance with the minimum design standards for new apartments and quality housing (department of the environment, heritage & local government) guidelines 2007
- This policy seeks to ensure that proper controls are placed on new housing proposals. The policy expects that where possible, housing development should occur on land zoned for residential uses. It is also considered appropriate to provide direction in terms of providing adequate access and egress; protect residential amenity; provide for suitable landscape works and retention of existing landscape features; and to respect the character and scale of building within the surrounding area. Presented on the settlement proposals map, Other Settlement Land zoning allows for small-scale residential developments which will be considered appropriate to the existing character of the area and respecting residential amenity.
- Department of the Environment, Heritage & Local Government produced Best Practice Guidelines for "Quality Housing for Sustainable Communities" (2007) and also Guidelines on "Sustainable Urban Housing: Design Standards for New Apartments (September 2007)." Housing proposals must be considered in accordance with these publications.
Policy H2: Monitoring Housing Land
The availability and take-up for housing will be monitored to ensure the maintenance of supply. Monitoring will be undertaken in conjunction with, and to inform, the preparation of future Clare County Housing Strategies.
- Council will adopt a monitoring and management approach to the provision of new housing land. In accordance with the requirements of the Draft Clare County Housing Strategy 2007 - 2012 the Council will ensure that there is effective monitoring of the supply of housing land throughout the plan period in order to meet demand. This work will provide effective baseline information necessary for the review of the County Housing Strategy.
Housing Allocations
Policy H3: Housing Land Allocations
The council will support proposals for housing development on the sites set out in the plan subject to the specific development requirements identified for each site in the relevant policy.
- The Draft County Housing Strategy seeks to ensure that a sufficient and suitable supply of serviced housing land is zoned within the Plan area for the next 5 years. The strategy anticipates that social and affordable housing will be distributed throughout zoned land within the Plan Area.
- The potential number of units that can be accommodated on available residentially zoned land is 550 housing units based on an average density of 25 units per hectare. In addition to this supply, residential development can occur on Other Settlement Land of which there is 42 hectares zoned which equates to an additional 1050 units, based on an average density of 25 units per hectare, should it all be developed for housing.
Policy H4: Strategic Reserve of Housing Development
It is the policy of the Council to zone land, in addition to that provided under policy H3, as strategic housing reserve in the event of the housing land being exhausted. Proposals for development on land zoned as 'Strategic Reserve' will only be permitted where;
- The levels of demand and supply relative to available zoned land dictates that it is required; and
- There is availability of and requirements for infrastructure links.
- There are sites identified and reserved in order to anticipate potential future housing requirements and to enable the Council and other utility and infrastructure providers to have a longer-term understanding of land use expectations beyond the plan period. In considering an advanced release of any land identified as strategic reserve, the Council will have regard to the rate of take-up of land for housing, levels of demand and supply relative to available zoned sites, and the availability of or requirements for infrastructure links. Strategic reserve sites are identified on the Land-Use Zoning Map.
Rural Housing
Policy H5: Housing in the Open Countryside
Proposals for single houses for permanent occupation in rural areas outside of the settlement boundary, will be permitted where it can be clearly demonstrated that:
- The applicant is a local rural person: and
- It will not impinge in a significant way upon the character, integrity or uniformity of the landscape; and
- It would not result in adverse environmental or transport effects; and
- It would not harm the amenity of the adjoining properties and surrounding area; and
- The site is in all other respects suitable.
- Local rural persons are recognised as persons who have a role in the future development and revitalisation of declining rural areas and their role in their local areas is recognised.
- A local rural person is a person who was born in the local area or who is living, or whose parents or children have been living within the local area for a minimum of ten year. In the case of persons who have spent substantial periods of their lives as part of the rural community but have left and wish to return and settle in those areas they may also be considered local rural persons. Local rural person includes a local rural worker involved in full-time or part-time farming, forestry or marine related occupations where the predominant occupation is farming/natural resource related and persons whose work is linked to the local rural area.
Policy H6: Replacement of a Dwelling in the Countryside
Outside the defined settlement boundaries, proposals to replace an existing dwelling by a new dwelling will be permitted if all the following criteria are met:
- The size of the new dwelling will be in line with normal family requirements in the area; and
- The new dwelling is of a design which is sympathetic in scale, mass, materials and architectural details to the vernacular character of dwellings in the locality; and
- The new dwelling is sited to preclude retention of the dwelling it is to replace or there is a condition or planning obligation to ensure the demolition of the latter on completion of the new dwelling; and
- The new dwelling has a safe access; and
- The new dwelling is no more visually intrusive than the original dwelling; and
- The existing dwelling is not a protected structure.
- There is a need to allow provision for the replacement of existing dwellings with another dwelling, however the Council has to be satisfied that the replacement proposed is suitable in respect of its size, design, access, visual impact and impact on protected structures. A replacement can only be made for a dwelling where it can be demonstrated that there has been a continuous residential use and no intervening use or abandonment of that residential use. Where possible the Council will encourage the retention of original vernacular buildings through their incorporation in new development proposals (as extensions, garden stores, garages etc) in preference to their unnecessary demolition.
Residential Amenity
Policy H7: Protection Of Residential Amenity
Proposals for development in established built-up areas will be permitted where it is demonstrated that the proposal will not be detrimental to the residential amenity or harm the general character of the surrounding area.
Applications must take account of the main uses of land and buildings in the vicinity, the mix of such uses and the architectural quality of the area.
- Selective intensification of residential use within established residential areas, through development of gap and backland sites and redevelopment of existing properties, is considered to be a positive approach towards promoting a sustainable use of land within built up areas and also in ensuring the continued viability and vitality of locally based services and community facilities.
- In developing within the established built up area of Kilrush, it is important to seek to protect the amenity of these areas so that owners and occupiers can continue to enjoy their properties without undue disturbance from neighbouring developments. The council considers that amenity should generally be defined as including; privacy, disturbance (by traffic, noise, smells, fumes, vibrations or light pollution) and access to daylight. The guidelines on character, amenity and design as set out in Part C will be used to assess the impacts of new development on the character and amenity of the area in which it is to be located and the design quality of the proposal.
- Any development proposals should neither conflict with nor detract from the character, amenity and design of an area. This policy will not preclude appropriate new development and is not intended solely to maintain the status quo.
Policy H8: Housing in the Town Centre
The council will promote the use of existing buildings within the town centre to be converted to residential uses. Proposals for residential development within the town centre will be permitted where it can be clearly demonstrated that development will:
- Conserve and enhance the vitality and viability of the town centre; and
- Respect the density, massing, scale, proportions, materials and overall design and character of the existing property and the character of the street scene and surrounding area; and
- Be accessible to pedestrians, cyclists and those with special mobility needs; and
- Not have unacceptable transport or environmental effects nor be prejudicial to residential amenity.
- There are a number of under utilised, vacant and/or derelict buildings within the town centre of Kilrush. Many of these have potential for residential use and will contribute significantly to increase the variety of housing types within the town.
- The spaces around buildings and their height as compared with adjacent buildings are an important part of their character and the character of the surrounding area. In encouraging residential development, particular attention will be paid to proposals to ensure that the density, massing, scale, proportions, materials and overall design are in keeping with the character of the town centre.
- The Council is keen to see the continued vitality and viability of the town centre and see the increase of residential accommodation within the town as key to it.
Policy H9: Infill Housing Development
Proposals for development involving the intensification of residential uses within existing residential areas or on other settlement land, or among other small groups of dwelling through infill and the use of back land sites will be permitted where it can be clearly demonstrated that:
- The proposal respects the existing prevalent character of the surrounding area; and
- The proposal would not harm the amenity of adjoining properties and the surrounding area; and
- The proposal ensures that an adequate supply of informal and formal public open space is retained within the immediate surrounding area; and
- Where appropriate, the proposal includes convenient off-street car parking that should be achieved without detracting from the amenity and character of the property itself or neighbouring properties; and
- Any additional vehicular traffic generated by the proposal will not have an adverse effect on the amenity and character of the surrounding area; and
- The proposal makes suitable provision for pedestrian and cycle access.
- Selective infill development within the settlement area of Kilrush promotes sustainable use of land and can assist in ensuring the viability and vitality of locally based services and community facilities. The Council consider that there may be appropriate locations within Kilrush settlement area which could accommodate infill housing development.
- There are small groups of dwellings in the countryside, subject to the criteria of Policy H6 (replacement of a dwelling in the countryside) and other policies of the plan, a proposed infill development will be permitted where the distance between the existing developed sites is at least 30 metres and not greater than 50 metres.
Housing Density and Mix
Policy H10: Housing Density
Proposals for housing development must demonstrate that they will maximise the use of land, in an appropriate manner, in order to encourage a more sustainable pattern of development.
- Higher than prevailing densities within Kilrush on serviced land will be considered provided that development does not detract from the existing architectural character of the town. Densities which reinforce its existing street patterns, assist in the redevelopment of backlands or contribute to reinforcing a more compact, clearly defined and attractive settlement area will be permitted.
- Kilrush has the capacity to accommodate high to medium residential densities.
- The Council will consult with the applicant in relation to car-parking and open space provision, treating each development proposal on its individual merits.
Policy H11: Mix and Type Of Dwellings
Proposals for residential development shall include a mixture of house types and sizes in order to reasonably match the requirements of different categories of households within the county, including those groups with particular special needs.
- The Draft Clare County Housing Strategy includes policies to control the mix of house types and sizes required to meet housing demand and it is appropriate for the Development Plan to support this.
- The Council will control the mixture of house types and sizes through individual planning applications and will utilise conditions or agreements under Part V of the Planning and Development Act 2000, in order to secure the appropriate mix.
Social and Affordable Housing
Policy H12: Social and Affordable Housing
The council will reserve 20% of residential and mixed use lands as defined under section 94(4) c of the planning and development act 2000, as amended, for the purpose of meeting social and affordable housing need arising within the town. The application of this policy will apply to the development of all residential or mixed use zoned lands, which are not subject to an exemption certificate and fall within the parameters of part v of the planning and development act 2000.
- The Council will utilise the full range of appropriate mechanisms for the provision of social and affordable housing in Kilrush as identified in the Draft Clare County Housing Strategy. The Council considers it appropriate to ensure that a range of mechanisms to secure social and affordable housing provision are available and will negotiate with developers on a site by site basis.
Policy H13: Implementation of Requirements for Social and Affordable Housing
The Council will negotiate at the pre planning stage with private developers in respect of their obligations to comply with Part V of the Planning and Development Act 2000, as amended, so as to provide 20% of the reserved land or up to 20% of the residential units for social and affordable housing. All developments to which Part V of the Planning and Development Act, 2000, as amended apply, shall require the developer to submit a proposal to the local authority relating to the fulfilment of any Part V obligation, prior to the lodgement of such application.
- The Council will determine, in negotiation with the developer, the appropriate scale and mix of social and affordable housing to be provided on each individual site. In doing so, the Council will give due consideration to the aims and requirements of the Draft Clare County Housing Strategy and to Part V of the Planning and Development Act 2000. The Council will encourage and facilitate a level of supply which will meet the demands of all sectors of the market.
Policy H14: Special Needs Housing
Proposals for the development of special needs housing will be permitted where it can be clearly demonstrated that
- It is appropriate to the existing scale and character of the area: and
- It provides adequate parking, vehicular and pedestrian access and does not generate unacceptable levels of traffic; and
- It makes appropriate provision for wheelchair access and external amenities such as landscaped gardens, and the proximity of car parking within the overall layout and design of the development; and
- It is located in close proximity to a range of local services; and
- It would not result in an over provision of similar accommodation within the immediate area.
- The Draft Clare County Housing Strategy establishes the importance of ensuring an adequate supply of housing suitable for people with particular or special needs. Where appropriate, the Council will negotiate with private sector developers and voluntary housing providers to ensure that there is a suitable supply of such dwellings to meet identified need in Kilrush.
Policy H15: The Voluntary and Co-Operative Housing Sector
The council will work with the voluntary and co-operative housing sector to deliver rented and affordable housing throughout the plan area to address the need for greater social inclusion and to achieve integration of housing types.
- The Draft Clare County Housing Strategy recognises the importance of working in partnership with organisations and associations in delivering social and affordable housing. The Council will work with the voluntary and co-operative housing sector to deliver rented and affordable housing in Kilrush to achieve a higher level of integration of house types, thereby addressing the need for greater social inclusion.
- Voluntary and co-operative housing bodies play a significant role in the provision and management of social housing and can act as nominees of the Council in delivering social and affordable housing. Housing supply guidelines encourage planning authorities to take a pro-active role in facilitating the involvement of the voluntary and co-operative housing sector in the provision of housing on land or sites identified for transfer by developers.
Sub-Division of Residential Accommodation
Policy H16: Development Within Residential Curtilages
Proposals for development within existing residential curtilages including extensions to existing dwellings and new dwellings will be permitted where it can be clearly demonstrated that they will:
- Respect density, massing, scale, proportions, materials and overall design and character of the existing property and the character of the street scene and surrounding area; and
- Not prejudice the amenities of adjoining occupiers; and
- Not prejudice road safety or the retention of an acceptable level of parking provision and an acceptable level of parking provision is provided for any separately occupied dwelling; and
- Not prejudice the retention of adequate private amenity space and adequate private amenity space is provided for any new separately occupied dwelling.
- The purpose of this policy is to make allowance for the extension of existing residential properties, although this will be subject to the need to protect their appearance, safety of access and parking and to ensure that residential amenity is protected.
- Extra sensitivity will be sought in the case of extension of alteration to traditional dwellings in order to protect them for their heritage and amenity value and ensure that they remain in residential use where possible. Refurbishment and extension are subject to the need to ensure that what is proposed is in keeping with the scale and character of both the existing dwelling and its surroundings.
Conversions and Extensions
Policy H17: Conversion of Residential Properties to Houses for Multiple Occupation
Proposals for conversion of existing residential properties into smaller units of self contained residential accommodation or change of use to houses in multiple occuptaion or conversion of non-residential properties for residential use will be permitted where it can be clearly demonstrated that development:
- Will not prejudice the character of the surrounding area; and
- Will not prejudice the amenities of adjoining occupiers; and
- Will identify an acceptable level of off-street parking; and
- Will p rovide adequate amenity space.
- In accordance with the Draft Clare County Housing Strategy the conversion, where appropriate, of larger residential properties and other buildings into smaller units of accommodation can make a valuable contribution to the supply and range of housing provision throughout the Plan area, suitable for growing numbers of single person and small households, many of which may not wish or cannot afford to live in larger properties.
Policy H18: Use of Upper Floors for Residential Accommodation
The council will normally grant permission for the re-use of upper floors above retail and commercial premises within the settlements for residential accommodation providing the development:
- Is in accordance with policy R3; and
- Does not result in the loss of commercial or residential amenity; and
- Creates suitable access arrangements; and
- Does not create excessive demand for on-street parking.
- Vacant and under-utilised upper floors above commercial premises are a good and often overlooked resource in assisting the increase of the housing stock. Re-use of upper floors is beneficial to town centre vitality and viability. There is also a need to ensure that the impacts of such developments are properly controlled and in this respect the policy will be interpreted in light o other policies within the Plan, particularly R2.
Traveller Accommodation
Policy H19: Traveller Accommodation
The council will make appropriate non-transient residential accommodation available as part of county clare's overall provision for the indigenous traveller community and for the natural increase of that community.
The council will seek to provide halting sites for transient members of the traveller community to accommodate not more than eight households or twelve mobile homes/caravans in any individual transient site.
- The Plan area is not identified by the Clare County Traveller Accommodation Unit as being a location for the provision of halting sites or permanent sites for travellers. Whilst the Council is being advised that sufficient sites are being provided throughout the County area and there is no request from the Traveller Accommodation Unit to make provision for halting sites there will be no allocation of land for such purpose within the Plan. However, it is considered appropriate to recognise that a change in the existing position might require that sites be found within the Plan area and this policy will be used to assist in finding appropriate sites.
- In recognition of the specific requirements of the travelling community regarding provision of accommodation and facilities the policy establishes a series of appropriate criteria for the provision of traveller accommodation which is in accordance with the Traveller Accommodation Programme for County Clare 2000 - 2008 and any subsequent Traveller Accommodation Programme the Council may adopt.
- In deciding the location of individual group housing serviced
sites and mixed development, the Council will have regard to the
following:
- The range of alternative development sites available;
- The need for the occupants of the developments to have convenient access to social, community and commercial services;
- The nature of the development;
- The impact on the amenity of adjacent areas, having regard to the nature of such areas;
- The degree to which such impacts can be mitigated;
- Traffic safety considerations, particularly the need to protect adequate access from the main road system;
- The availability of water and waste water facilities;
- The implications of the development for conservation of the natural and built heritage;
- Public health considerations;
- The need to provide facilities appropriate to the traveller way of life;
- The need for serviced sites to be located at a reasonable distance from existing dwellings;
- The need to achieve an appropriate balance of traveller families and settlement families.
- This section sets out the Council's policies and proposals for retail.
Objective
- To strengthen and consolidate existing service provision to ensure that all residents have convenient access to a reasonable range and choice of retail and community services in a manner consistent with the concept of sustainable development.
National and Regional Policy
- In December 2000, "Retail Planning Guidelines for Ireland" were issued by the Department of Environment and Local Government following a consultation process.
- The 2005 Guidelines require applications for retail developments
which comprise large scale additions to existing retail facilities to be guided
by the following criteria:
- The adequacy of existing retail shopping outlets;
- The size and location of existing retail shopping outlets;
- The effect on existing communities, including in particular the effect on established retail shopping outlets and on employment;
- The needs of those who may be dependent on the availability of retail shopping outlets within walking distance;
- The need to counter urban decline and to promote the optimum utilisation of existing infrastructure in urban areas; and
- The impacts on road traffic.
- The 2005 Guidelines include an embargo on development of food stores in excess of 3,000m2 (32,292ft2) or an extension to an existing supermarket resulting in a total retail floor space exceeding 3,000m2, pending the carrying out of a detailed study and the publication of Planning Guidelines.
- The 2005 Guidelines propose a sequential location test such that new retail development should be located within town centres. Where no town centre sites are available, consideration can be given to a site on the edge of a town centre. Moreover, the guidelines consider that any edge of centre site must be within easy convenient distance from the primary shopping core of a town centre.
- The Retail Strategy for the Mid West Region and the corresponding County Retail Strategy for County Clare applies to the Plan area. The retail strategy provides a framework for retail development within the Plan area.
Background
- The Kilrush Plan area has historically served the retailing needs for the wider West Clare area. The Plan area contains a range of retail types. Whilst the town centre forms the backbone of the retail outlets within the Plan area other retail outlets serving either convenience goods or specialist goods such as ironmongery, agricultural products, cars, tractors, fuel and timber products are more widely spread throughout. The traditional market fairs held in the town centre reflect the importance of Kilrush as a market town.
- Recent development of new town centre retail units at Place de Plouzane and the interest shown by planning applications for large scale convenience shopping shows confidence in the town.
- Currently the greater retail offer provided by the larger retail centres such as Ennis, Galway and Limerick, coupled with the increasing levels of car ownership, are resulting in an increase in traffic and retail leakage to these locations.
Retail Strategy
- The Planning Authority adopted the Clare County Retail Strategy 2003 to provide the policy base for the facilitation and control of retail development in the county.
- The Clare County Retail Strategy has been prepared on the advice of the Department of Environment, Heritage and Local Government's retail planning guidelines and identified the core retail areas of the towns and villages and key objectives to sustain and improve the retail profile and competitiveness of the county within the mid-west region and beyond.
- Within the Clare County Retail Strategy settlement hierarchy Kilrush is identified as a Tier 1, level 3 town centre whereby it is the policy of the Council to facilitate and encourage further retail development including tourist related in Kilrush to promote its role as the key centre in the south west of the County. In these types of town centres it is identified as low order comparison, superstore and supermarket type provision as being appropriate.
- There are two broad categories of shopping facilities. Firstly there is "comparison" retailing which includes clothing and footwear; furniture, furnishings, and household equipment; medical and pharmaceutical products, therapeutic appliances and equipment; educational and recreational equipment and accessories; books, newspapers and magazines; good for personal care and goods not elsewhere classified.
- Secondly there is "convenience" retailing which includes food; alcohol and alcoholic beverages; tobacco; non-durable household goods. A super store refers to larger supermarkets and non-food retail units up to a maximum of 3,000m2. Supermarkets are smaller store formats, mainly convenience shopping, developed by larger food retailers.
- In assessing significant applications for retail development in
Kilrush the following criteria will be considered:
- Testing the proposal against the sequential approach and showing that other options have been considered;
- The impact on town and village centres, including cumulative impact;
- The baseline information and capacity/impact assessment is fit for purpose and transparent;
- There is demonstrable need for development;
- The relationship of the application to any development plan allocation;
- Its contribution to town/village/centre improvement;
- Its contribution to site and/or area regeneration;
- The quality of access by all modes of transport and by foot and bicycle;
- Its role in improving the competitiveness of the County and sub-areas of the County;
- Its role in sustaining rural communities;
- The extent to which it is relevant to consider the imposition of restrictions on the range of good permitted for sale; and
- Any other development plan allocation.
Policy R1: Kilrush Town Centre
Proposals for development that unacceptably prejudice the vitality and viability of Kilrush town centre will not normally be permitted.
- The town centre is identified on the Proposals Map. The role of the town centre in Kilrush is critical to a sustainable future for the Plan area and to the aim of the Plan to maintain and enhance its role as the commercial, administrative and service centre of West Clare. In considering proposals for development, the Council will at all times take into account the impacts on the town centre.
- Where opportunities arise for developments within the Plan area which may offer employment and tourism opportunities and that satisfy other policy requirements and realise some of the aims of the Plan, in considering such proposals for development, the importance of sustaining the town centre will be paramount.
Policy R2: Development within the Town Centre
Proposals for retail and other development appropriate to a town centre location will be permitted within the town centre as defined on the Proposals Map where it can be clearly demonstrated that development will:
- Conserve and enhance the vitality and viability of the town centre; and
- Be consistent with the scale and function of the centre; and
- Be accessible to pedestrians, cyclists and those with special mobility needs; and
- Not have unacceptable transport or environmental effects or harm the amenity of adjoining properties.
- Town centre areas often consist of a mix of users that have developed over a period of time and give each town centre its own individual character and distinctiveness. Retaining that mix of uses is an important part of enhancing the vitality and viability of the town centre.
- Occasional street trading is controlled by the Council and allows for an increased diversity in the street scene. Such activity needs to be carefully managed and controlled to ensure that it does not have an adverse effect on the town centre. If done appropriately, such activity can compliment the town centre and contribute to the overall tourism appeal of the town. Street trading should be limited to the Market Square and Frances Street where the additional pedestrian activity will not give rise to danger to road users or obstruction to footpaths.
Policy R3: Development on Upper Floors
Development proposals for residential use of accommodation above shops and other commercial premises will be permitted provided that development will not have an adverse impact on ground floor retail and commercial activities or have unacceptable transport or environmental effects or harm residential amenity.
- Many retail premises confine their operation to the ground floor, leaving the upper floor vacant. The provision of residential or tourist accommodation on the upper floors of premises in the town centre will increase the vitality and viability of the town centre, increase capacity for tourism and achieve a more sustainable level of development. Where the upper floor is required in connection with or in support of the ground floor use, this is recognised by the Council as an acceptable loss of residential provision.
Policy R4: Change of Retail Uses in the Town Centre
Proposals for development that would result in the loss of class 1 retail uses at ground floor level with the town centre will only be permitted where it can be clearly demonstrated that:
- It could not be retained in viable retail use; and
- The proposed use will make a positive and complimentary contribution to the vitality and viability of the centre and will not undermine the retail function of the street frontage or part of it; and
- The proposed use will not result in unacceptable transport or environmental effects nor be prejudicial to residential amenity.
- The vitality and viability of the town centre is dependent upon a balanced mix of uses. The introduction of uses not consistent with that balance, for example where one use, such as take- away food outlets, become dominant on a particular street, would have an adverse effect upon the town centre as a whole.
Policy R5: Edge-of-Centre Retail Development
Proposals for edge-of-centre retail development will not be permitted unless it can be demonstrated that no other suitable sites are available within Kilrush town centre and it can be demonstrated that:
- There is an identified need for the development;
- The development will not adversely affect the vitality and viability of the existing centre or the rural economy, including village shops;
- The development is of a scale appropriate to the subject location;
- The development is accessibly by a range of means of transport in addition to the car; and
- There would be no unacceptable environmental or transport effects.
Policy R6: Out-of-Centre Retail Development
Proposals for out-of-centre retail development will not be permitted unless it can be clearly demonstrated that not other sites are available within Kilrush town centre or at an edge-of-centre location and it can be demonstrated that:
- There is an identified need for the development;
- The development will not adversely affect the vitality and viability of the existing centre or the rural economy, including village shops;
- The development is of a scale appropriate to the proposed location;
- The development is accessible by a range of means of transport in addition to the car; and
- There would be no unacceptable environmental or transport effects.
Policy R7: New Local Shops and Services
Proposals for the development of small-scale, individual or small groups of shops outside of the town centre providing for the daily needs of the local resident community will be permitted where it can be clearly demonstrated that:
- The proposal on its own or incrementally provides less than 300m2 of retail uses; and
- It is of a scale to service only the local area; and
- Adequate parking and servicing is available; and
- The proposal will not adversely effect the free flow of traffic of highway safety; and
- The proposal will not harm the amenity of the neighbouring and surrounding areas.
- A small group of shops is defined as no more than three individual, adjoining retail units, with an individual unit floor space of a maximum of 300m2 (gross).
- The provision of small, local convenience shops which cater predominantly for immediate local needs are to be encouraged.
Policy R8: Farm Shops
Proposals for retail development on a farm will only be permitted where it can be clearly demonstrated that;
- The scale and scope of retailing proposed will not harm the viability of retail facilities in the town; and
- The proposed use will be ancillary and relevant to the farm business; and
- The scale and nature of the accommodation proposed for retailing and the size, design, materials and siting of any new building or extension conforms with the existing buildings of the farm; and
- The scale, layout and siting of car parking will compliment the proposed scale and siting of retailing; and
- The proposal does not harm the rural character of the landscape and the amenities of the locality; and
- It does not give rise to adverse transport or environmental effects.
- Farm shops refer to premises primarily for the sale, processing or packaging of produce originating from the farm holding or the local area. They can serve a vital function in rural areas by helping to meet demand for fresh produce and providing new sources of employment and services, so contributing to the diversity of economic activity in rural areas. In doing so, it is important that a range of controls over the scale, siting and impact of the proposed use can be put in place.
Policy R9: Evening and Late Night Uses
Proposals for development involving evening and late night commercial, retail and entertainment uses will only be permitted within, or immediately adjacent to town or village centres and where it can be clearly demonstrated that:
- There will be no detrimental impact on the character and function of the area; and
- There will be no adverse effect on the character of a conservation area or other place of special architectural or historic character; and
- It will not result in adverse transport or environmental effects; and
- There will be no detrimental effect on the amenity enjoyed by neighbouring uses; and
- Where the proposal relates to ground floor premises, a shop front of appropriate design will be provided.
- There is a need to ensure that adequate provision is made for evening and night time activities as such uses act to stimulate vitality and viability and broaden the range of services provided in centres.
- Development proposals for evening and late night entertainment, including restaurants, public houses, taxi offices, hot food take-away and other similar uses will be permitted in the town centre unless they have a detrimental effect on the environment, residential amenity, traffic generation and public or road safety.
- The Council will assess proposals for evening and night time uses on their individual merits but in reaching a decision will take into account issues of the amenity of owners and occupiers in the vicinity, effects on environmental quality (by way of fumes, noise, smells or light intrusion) and the need to ensure that highway safety is maintained at all times. Where necessary, proposals will need to include appropriate mitigation measures to the satisfaction of the Council prior to the grant of planning consent.
- The Council will seek to encourage the provision of limited on-site eating floor space as part of hot-food takeaway development in order to assist in reducing disturbance and litter in public streets and places. Applications for such developments will require a scheme which will monitor opening hours, noise, disturbance etc in the locality.
Policy R10: Amusement Arcades, Etc
Amusement arcades, virtual reality centres and other similar establishments providing leisure or entertainment uses will only be permitted within, or immediately adjacent to town centres or other centres where it can be clearly demonstrated that:
- There will be no detrimental impact on the character and function of the area; and
- There will be no adverse effect on the character of a conservation area or other place of special architectural of historic character; and
- It will not result in adverse transport or environmental effects; and
- There will be no detrimental effect on the amenity enjoyed by neighbouring uses; and
- Where the proposal relates to ground floor premises, a shop front of appropriate design will be provided.
- The development of amusement arcades, virtual reality centres and other such establishments are only appropriate at locations within the town centre. Where necessary, proposals will need to include appropriate mitigation measures to the satisfaction of the Council prior to the grant of planning consent.
Policy R11: Petrol Filling Stations
Proposals for petrol filling stations will only be permitted outside the town centre and where it can be clearly demonstrated that:
- Development will not give rise to unacceptable levels of vehicular traffic or on-street parking detrimental to the amenities of the area and road safety; and
- Development will not prejudice residential amenity; and
- The character of the area will not be adversely affected.
- Small shops and post offices associated with petrol filling stations may be a cost effective way of providing the equivalent of a local shop. Whilst the important role of such provision is recognised, such shops should remain secondary to the use as a petrol filling station. To protect the vitality and viability of existing retail areas the Council may limit the range of the good to be sold. Shops associated with petrol filling stations up to the size of 100m2 will normally be allowed but consideration will have to be taken of the additional car trips to visit the shop that could result in forecourt congestion and adverse traffic movements.
- Where permission is granted the Planning Authority will require that they comply with the standards set out in Appendix 4 of this Plan.
Chapter 12: Education, Community And Childcare Facilities
- This chapter sets out the Council's policies and proposals in relation to the provision of education, community and childcare facilities to meet the needs of the Kilrush plan area for the plan period 2008 - 2014.
Objective
- To allow for the satisfactory provision of education, community services (eg health and social care and emergency services) and childcare facilities to meet the needs of the plan area during the life of the plan 2008 - 2014.
National and Regional Policy
- The national priorities identified in the National Development Plan 2007-2013 include the promotion of social inclusion.
Background
- As the main administrative town for West Clare, Kilrush has a range of community services within the town centre including:
Health Services
- Health services exist in the form of private medical doctors practises and Shannondoc. There is a recognised need by the Mid-West Health Board to extend services in Kilrush. Hospital services are provided by hospitals in Ennis and Limerick. There are four residential care homes in the town, with an additional facility under construction.
Schools
- Kilrush has a national school, secondary school and Gaelscoil. A range of pre-school and childcare facilities exist within the town, all of which have adequate capacity to meet the anticipated needs for the plan period, with the exception of the Gaelscoil. The current premises are inadequate and the location is of concern due very difficult traffic problems, resulting in the need to provide for the relocation of the Gaelscoil at a more suitable location that will allow for the development of a facility that will have the capacity to meet its long-term future needs.
Emergency Services
- Emergency services are located within Kilrush with the recent development of the new Garda station, in addition to fire services, ambulance service and coastguard and I.N.L.I services based at Cappagh.
Community Facilities
- Kilrush has a range of community facilities including a community centre and youth centre, but it is recognised that there is a growing perception that a need exists for a new purpose built community facility to be provided in the town to service not only the town population, but the entire West Clare area. The premises and accommodation for community services in Kilrush have developed over the years in an ad hoc manner. Many organisations are now experiencing difficulties in finding facilities suitable for their existing and emerging needs. In addition it is recognised that there is a shortage of indoor and outdoor recreational facilities. In response to this, the West Clare Community Facility Study was prepared in January 2007 at the initiation of a partnership group of local stakeholders, the West Clare Community Facility Group, including the Local Authority, which identifies accommodation deficits.
Childcare Facilities
- The Planning Guidelines "Childcare Facilities - Guidelines for Planning Authorities" provides a framework for childcare provision. In conjunction with this the Clare County Childcare Committee are responsible for developing the County Childcare Strategy 2007 - 2010, the recommendations of which will inform future childcare provision. There are currently 7 childcare facilities within the Kilrush urban and rural areas. It is important that in facilitating future development that necessary provision is made in regard to childcare facilities to ensure a comprehensive range of facilities which have the capacity to meet future needs in both sessional and full time childcare.
Policy COM1: Community Services
The council will encourage proposals for development that bring together community and health facilities in one location where it can be clearly demonstrated that development will:
- Occupy a central location within settlements; and
- Be accessible to pedestrians, cyclists and those with special mobility needs; and
- Not have unacceptable transport or environmental effects nor be prejudicial to residential amenity; and
- Where reasonable and appropriate, include residential or tourist accommodation or other non-retail uses on upper floors.
- Accessiblity is a major issue in the area in terms of transport access to services and the proposals in relation to one-stop shops, day services etc. require careful consideration.
- Accessibility to community and health facilities is an issue in the West Clare area and Kilrush plays a key role in accommodating the range of services and facilities. The Joint Study on providing an integrated West Clare Community facility reinforces a need for such provision and a facility that can accommodate all the services in one location is encouraged by the Council.
Policy COM2: Provision of Health Services
Proposals for the development of new, or extensions to, existing health facilities will normally be permitted where it can be clearly demonstrated that:
- It meets an identified health need; and
- It would not have a significant detrimental impact on the amenity of nearby occupiers; and
- Adequate access to the site is made available; and
- The site is suitably located in relation to the population it seeks to serve.
- Kilrush provides a range of health services which serve not just the plan area, but an extensive hinterland. The nearest hospital facility is in Ennis. There are is an on-going review of the services provided and the existing site does have capacity for expansion should there be a requirement due to relocation of additional services from Ennis.
Policy COM3: New Community Facilities
Proposals for community facilities development will be permitted where it can be clearly demonstrated that:
- They would not significantly detract from the amenity and character of the surrounding area and allow for suitable access and parking facilities; and
- Where proposals for development of community facilities are located in the countryside, it can be clearly demonstrated that:
- They satisfy the criteria in (a) above;
- There are no suitable sites within the town;
- They are well related to an existing group of buildings; and
- They lie within reasonable walking distance of the community they are intended to serve.
- For the purposes of this policy, community facilities are non-residential uses with the principal purpose of providing a service and facility to a local community. Such uses include: childcare facilities, day nursery, day centre, educational establishment, art gallery, museum, public library or public reading room, public hall or exhibition hall and in connection with public worship or religious instruction.
- The Council welcome the provision of new community facilities. The priority should be to integrate new facilities with existing ones in order to make the most efficient use of resources. The Council recognises that it will not always be possible to identify a suitable site for such facilities within existing settlements and where suitable sites cannot be identified for reasons of site area, vehicular access, residential amenity or other planning considerations, a location within the open countryside may be acceptable provided it meets the conditions within Policy SER3.
Policy COM4: Retention of Community Facilities
Development proposals for the change of use or redevelopment of a community facility will not be permitted unless:
- The applicant can demonstrate that there is insufficient local demand for the existing, or an alternative community facility; or
- A replacement community facility of equal or greater community benefit is to be provided for the respective area and made available prior to the commencement of development.
- For the purposes of this policy, community facilities are non-residential uses with the principal purpose of providing a service and facility to a local community. Such uses include: childcare facilities, day nursery, day centre, educational establishment, art gallery, museum, public library or public reading room, public hall or exhibition hall and in connection with public worship or religious instruction.
- The loss of a community facility can have a major impact on a community, especially in more rural localities where no other dedicated community facilities exist. Schools and community halls are particularly important as focal points for town and village life since they can offer opportunities for a variety of social and recreational activities.
- In order to prevent the loss of community facilities, the Council will discourage their change to non-community uses. Either an alternative community use must be sought, or provision made in an alternative suitable location. In the exceptional event that a developer can demonstrate that there is insufficient local demand for such facilities, by way of a survey of local residents, an alternative use may be allowed.
Policy COM5: Residential Care Homes
Proposals for residential care homes and nursing homes will be permitted where it can be clearly demonstrated that :
- Sufficient car parking is provided for residents, staff and visitors; and
- Sufficient private open space is provided for residents; and
- Development will not have unacceptable transport or environmental effects nor be prejudicial to residential amenity.
- The Council is concerned to ensure that there is an adequate provision of residential institutions for those with particular and special needs. It is also important for the Council to ensure that the provision of such facilities does not detract from the existing amenity and environment of the surrounding area. The Council considers that where possible, residential institutions are located within defined settlement boundaries. Where however it can be demonstrated that there are no suitable sites available or that there is a requirement for a rural location due to the nature of the services to be provided, a countryside location may be acceptable.
Policy COM6: Provision Of Educational Facilities
The council will encourage the appropriate provision of new primary and secondary educational facilities and upgrading and extension of existing primary educational facilities within the plan area during the plan period.- The schools perform a vital service to their surrounding communities and as such the Council seek primarily to encourage the upgrading and where appropriate expansion of existing facilities, or provision of new facilities. Educational facilities are suitable for location on land zoned for community facility uses by the Development Plan. In recognition of the relocational needs of the Gaelscoil, zoning provision has been made to allow for the development of a new school facility within the town.
Policy COM7: Provision Of Childcare Facilities
Proposals for the provision of childcare facilities will be permitted where it can be clearly demonstrated that:
- They are to be sited close to housing or employment areas and adjacent to transport corridors and in the vicinity of schools; and
- Development will not have unacceptable transport or environmental effects nor be prejudicial to residential amenity.
- Ministerial Guidelines for Planning Authorities on Childcare Facilities were published in June 2001 by DoELG. The guidelines require that a Development Plan make provision in its objectives and policies for the provision and monitoring of childcare facilities within its area.
- Childcare facilities can be provided by both private and community and are defined as full day-care and part time sessional facilities and services for pre-school children, school-going children and out of school hours care or integrated services. It includes services involving care, education and socialisation opportunities for children. Thus services such as pre-schools, naionrai (Irish language playgroups), day-care services, crèches, playgroups and after school groups are included.
- Proposals for Childcare provision will be considered in line with the Department of Environment and Local Government's "Childcare Facilities - Guidelines for Planning Authorities" and be considered in conjunction with the Clare County Childcare Committee and other relevant agencies in their on-going monitoring which assists in guiding where supply and demand exists for the range of childcare facilities provision.
Chapter 13: Service Infrastructure
- This chapter will set out the Council's policies and proposals relating to the provision of services and service infrastructure to meet the needs of the Kilrush area over the plan period.
Objective
- To provide for the satisfactory provision of service infrastructure (eg electricity, water, drainage, sewerage and telecommunications) to meet the needs of the plan area.
- To promote significant reduction in energy emissions through adoption of energy conservation and renewable energy practices for example through sustainable building practices and for renewable heat and power systems.
Background
- Kilrush has adequate water supply to meet the projected needs generated by future growth in the plan area. The public sewerage system currently has adequate capacity to accommodate future development but awaits the upgrading of treatment to bring it up to the standards of the Urban Waste Water Regulations, which is planned to be undertaken during the life of the Plan.
- Limited advancement has been made in the use of renewable energy sources to serve individual buildings and none in relation to larger to larger scale options of renewable energy methods to serve the wider plan area. Wood chip energy systems are in use in some individual premises and the opportunity to develop an area based renewable energy system should be explored and encouraged during the life of the Plan in order to assist in the reduction of energy emissions.
Flood Waters
Policy SER1: Flood Risk Management
Proposals for development, including the filling of land, in flood plains and other areas which are at risk from flooding or perform a flood control function will only be permitted where it can be demonstrated that such development:
- Has been designed to minimise risk of inundation and will not contribute to or increase the risk of flooding elsewhere; and
- Has adopted all reasonable measures to improve the management of flood waters on and adjacent to the site and to assist the protection of properties within the vicinity of the site; and
- Does not impede the flow of flood water or the ability of the floodplain to store water and to flood naturally and takes account of the impact on riparian habitat and wetland; and
- Incorporates building design measures and materials to assist evacuation and minimise damage from inundation; and
- Can provide for the maintenance of any approved privately funded flood defence measures to the satisfaction of the council.
- Flooding is a natural occurrence that can be exacerbated by a number of natural and man-made factors. Within Kilrush an area at risk from occasional flooding is at the meeting point of the Wood River with the harbour waters.
- It is the Council's intention to ensure that the flood regime of the area is properly maintained and that inappropriate development is restricted from locating within such areas. Applicants may be required to submit hydrological survey and assessment information in support of their proposals where they are within a known flood risk area and may also be required to make a contribution to flood defences.
Policy SER2: Ground Water Protection
In areas around potable groundwater sources or over vulnerable areas of aquifers, development proposals will be permitted where the council considers that there would not be a significant risk to the quality of the underlying groundwater.
- The Environmental Protection Agency Guidelines on Waste Water Treatment Systems (2000) provide advice on best practise when considering proposals for development and should be used in assessing planning applications.
Policy SER3: Sewage Disposal
Proposals for development will be permitted in locations where the Council, in consultation with the appropriate authorities, considers that sewage disposal facilities and surface water drainage of adequate capacity and design are available, or can be provided in time to serve the development.
Proposals for development which rely on sewage disposal via a septic tank or proprietary effluent treatment system will only be permitted where the Council is satisfied that ground conditions are adequate to treat and dispose of the effluent arising from the septic tank.
- Problems of overloading sewerage and surface water disposal systems will be exacerbated without the provision of necessary additional infrastructure improvements to serve future development. Where there is no longer a need to maintain a septic tank due to connection of a property to the main sewerage and water disposal system, the Council will seek to encourage the decommissioning by removal and infilling of the septic tank in order to remove the potential for future pollution of surface and groundwater.
Policy SER4: Coastal Erosion
Proposals for development in coastal locations will be permitted where it can be clearly demonstrated that it does not contribute to, or be at risk of harm from the effects of coastal erosion.
- Coastal erosion is a natural process which results from the motions of the sea, the impacts of which are often seen on coastal and estuarine shores in the form of shifting sand and storm damage to public roads and footpaths. In some cases human activities interfere with the sea's natural motion causing the effects to change and to impact on different stretches of shore-line. Climate change in the future will lead to sea level change and a greater risk of both coastal flooding and erosion.
- The effects of coastal erosion can have serious impacts on public roads, footpaths and utilities, (like sewage and water pipes). The Council seeks to minimise the effects of coastal erosion and to tackle areas of coastal erosion where these occur. Schemes undertaken to address coastal erosion consist of hard measures, which involve infrastructural works such as sea walls, rock armours and gabions; there are also soft measures like shifting sand and planting marram grass.
- The Council will seek to avoid exacerbating coastal erosion by restricting developments which could have an adverse effect on it, for example where such development might involve removal or shifting of beach material or might interfere with the motion of tides and currents.
Policy SER5: Telecommunications Infrastructure
Proposals for the erection and/or re-placement of telecommunications infrastructure will be permitted where it can be clearly demonstrated that:
- The proposal will make a significant contribution to the provision of telecommunication services; and
- The proposal does not lie within a vulnerable landscape area; and
- Opportunities for co-location have been maximised; and
- There are no adverse environmental or transportation effects; and
- There is no loss of residential amenity; and
- Are in accordance with the department of environment and local government guidelines for telecommunications antennae and support structures.
- New telecommunications technology is spreading rapidly to meet the growing demand for better communications in business, the home and public services. The Council is wholly supportive of the need to provide suitable communications and data technology infrastructure in the plan area. Within the past decade, technological advances have transformed the nature of service provision in the telecommunications industry. The industry now requires locations for the siting of an array of equipment, aerials and masts.
- Relevant guidance is provided in the Department of Environment and Local Government Guidelines for Telecommunications Antennae and Support Structures. The Government's telecommunications policy is to place Ireland in the top quartile of OECD economies as regards the availability, price and quality of telecommunications services in order to promote industrial and commercial development and for the enhancement of social exchange and mobility.
- The issuing of 3G (Third Generation) licenses in June 2002 has significant implications regarding new technology requirements. The demand for the new technologies will largely dictate as to how and where operators develop coverage.
- The Council attaches importance to minimising the number of large telecommunications masts and the sites for such installations. Consequently it is expected that applicants for such developments will show that they have explored the possibility of erecting antennas on existing buildings or co-locating with other operators on existing facilities or with other utility providers like ESB (pylons) and wind energy providers. Proposals for new facilities should make provision for future co-location which could involve the construction of a larger piece of equipment in order to accommodate this. It will be necessary to determine whether one large installation or the potential of several smaller installations would have the greatest impact on the environment. This is considered to be particularly important at environmentally and visually vulnerable locations. In all cases, the provision for telecommunications equipment will not outweigh the need to protect and enhance the environment.
- The Council attaches importance to the protection and safeguarding of public health. While current evidence concerning the health risks associated with telecommunications structures is inconclusive, the Council will adopt a precautionary position in respect of these matters. Therefore, development proposals for the erection of telecommunications structures will not be permitted where there is a reasonable cause for concern on matters of public health resulting from the operation of the structure.
Policy SER6: Temporary Installations of Telecommunication Infrastructure
Proposals to renew temporary permissions for the installation of telecommunications equipment will be permitted unless it can be clearly demonstrated that:
- The opportunity to co-locate with another facility has not been maximised; or
- THe previous use has resulted in:
- Significant adverse environmental impacts; or
- Significant adverse transportation effects; or
- Significant loss of residential amenity.
- Many of the first telecommunications installations were granted temporary planning permissions. These installations in many cases are the lynch-pins to the rest of the telecommunications network. The Council will encourage the renewal of temporary permissions where policy criteria are fulfilled and where the refusal to renew could result in reduced coverage and/or a potential increase in the number of installation proposals in order to get the same level of coverage of the initial installation.
Policy SER7: New Utility Infrastructure
Proposals for the development of new utility infrastructure, including an extension to facilities or works, will be permitted where it can be clearly demonstrated that:
- The proposal is an environmentally acceptable way of achieving the purpose of the development; and
- The amenities of nearby occupiers are not adversely affected; and
- Measures to ameliorate the environmental impact of the development are incorporated in the development proposal.
- Itis important to ensure that the provision of new utility infrastructure is undertaken in a manner which is sensitive to the existing environment and to the amenity of occupiers within the vicinity of any utility development proposal site.
- The Council will require, as a condition of the proper planning of the area, that utility development proposals set out measures to reduce and mitigate any adverse environmental impacts. Applicants will be requested to enter a legal agreement requiring the removal of plant and equipment and restoration of the site should the utility become surplus to requirements in the future. Where a utility site becomes surplus to operational requirements, the Council will expect and require that the site is restored to a suitable state such that other land uses may be employed in future.
Policy SER8: Overhead Service Lines
Proposals for development for the re-routing, replacement or provision of new overhead service lines will be required to have a minimal effect upon the landscape.
Proposals for development of new overhead lines should seek to avoid landscape and environmentally protected areas unless a more suitable alternative route is unavailable. Within environmental and landscape protected areas all cables, pipes, fibres and wires should be placed underground or in concealed locations unless:
- The proposal would have no significant detrimental effect upon the landscape; and
- The adverse effects of surface compounds or apparatus associated with such undergrounding on the landscape would outweigh the benefits of undergrounding.
- The location of overhead service lines in rural areas can have a
considerable impact on the natural and built environment and can be particularly
intrusive in the open landscape of North Clare. When consulted on, or deciding,
proposals for the re-routing of, or the provision of new overhead lines, the
Council will encourage or require the siting of new transmission lines and
sub-stations in such a way as to minimise their impact on the landscape and to
place cables underground in particularly sensitive areas.
Policy SER9: Renewable Energy
Proposals for new renewable energy projects will be permitted, provided that:
- There would be no significant detrimental impact on the character and amenity of the surrounding area; and
- There would be no significant detrimental impact on the transportation network; and
- There would be no adverse environmental impacts
- The term renewable energy covers those energy flows that occur naturally and repeatedly in the environment - from the sun, the wind, the oceans and the fall of water. Geothermal energy, plant material and combustible or digestible, agricultural, domestic and industrial waste materials may also be regarded as renewable sources of energy.
- There are substantial environmental benefits in using renewable energy sources to limit emissions of green house gases and other pollutants, conserve fossil fuels and solve some problems of waste disposal. The main greenhouse gas is carbon dioxide, produced principally from the burning of fossil fuels such as coal and petroleum.
- The Council welcomes the wider environmental benefits of renewable energy development in reducing pollution provided that proposals take full account of other objectives to safeguard areas of environmental importance. In considering proposals for renewable energy developments, the Council will need to be satisfied that there are overall environmental assessments submitted in order to support proposals and to clearly identify the overall environmental benefits that would be achievable.
- Another major factor in determining the acceptability of renewable energy developments will be their location. In planning terms, the most suitable locations are within commercial and industrial areas and within existing complexes such as sewage treatment works; but for technical reasons it is often necessary that they should be sited close to the energy source and in some instances, close to the end-user.
Policy SER10: Waste Management
The council will encourage waste disposal authorities and companies to promote sustainable waste disposal methods, including pre-treatment, recycling, energy from waste including methane use and capture treatment based on the regional waste management plan.
Proposals for landfill sites will only be permitted where it can be clearly demonstrated that:
A. Environmental, geological, landscape and ecological impacts are acceptable; and
B. Where appropriate they comply with the terms of an environmental impact assessment which may be required pursuant to Part X of the Planning and Development Act, 2000; and
C. There are no unacceptable transport impacts through a transport impact assessment.
Policy SER11: Regional Waste Management Plan
It is the policy of the council to implement the provisions of the Waste Management hierarchy and the Regional Waste Management Plan. All prospective developments in the county will be expected to take account of the provisions of the Regional Waste Management Plan and adhere to those elements of it that relate to waste prevention and minimisation, waste recycling facilities, and the capacity for source-segregation.
- The local authorities of Clare County Council, Kerry County Council, Limerick Corporation and Limerick County Council have adopted a Waste Management Plan for the region which includes the Kilrush area. Waste disposal facilities, either landfill, or thermal are of vital importance to the sustainability of industrial development, but the negative perceptions of the siting of disposal facilities must be carefully managed so as not to unduly hinder economic development.
Policy SER12: Education & Awareness
It is the policy of the Council to promote education and awareness on all issues associated with waste management, both at industrial and community level. This will include the promotion of waste reduction by encouraging the minimisation, re-use, recycling and recovery of waste within the County.
- Education and Awareness is seen as a key measure in successful waste management. The Environmental Awareness Officer spearhead education and awareness at community level whilst the Regional Waste Minimisation Advisor spearheads education and awareness at industry level.
Policy SER13: 'Polluter Pays' Principle
It is the policy of the Council to ensure the provision of quality cost effective waste infrastructure and services, which reflect and meet the needs of the community and to ensure that the 'polluter pays' principle is adhered to in all waste management activities.
- There is an additional mechanism which the Council seeks to ensure waste minimilisation and that the measures put in place reflect a correlation between the major waste generators and the higher cost of waste disposal.
Policy SER14: Recycle Facilities
It is the policy of the Council to require the provision of bring banks or other appropriate recycling facilities as part of the overall development in the case of new or extended shopping centre developments, commercial neighbourhood centres, educational, sports, recreational facilities, community and medium/large scale residential estates. These facilities will be funded and maintained by the property developers, operational managers or occupiers as appropriate.
- Recycle facilities in the form of bring banks are provided at Place de
Plouzane and throughout the summer months at Cappagh. The Waste Management
Strategy seeks to provide such facilities in the ratio of one per 1000
population.
Policy SER15: Proposed Waste Disposal
In assessing planning applications regard will be had to the waste produced by proposed developments including the nature and amount produced and proposed method of disposal. Developments should ensure that production/disposal methods do not give rise to environmental pollution, result in undue loss of amenity or be detrimental to public health.
- Any proposal for development will be required to consider the nature and amount of waste requiring disposal that is generated by the development in accordance with the objectives of the Council to encourage overall reduction in waste disposal.
Policy SER16: Construction & Demolition Waste Management Plans
It is the policy of the council that all significant construction/demolition projects should include Construction and Demolition Waste Management Plans. These plans should seek to focus on waste minimisation in general and optimise waste prevention, re-use and recycling opportunities and are required for developments of five or more housing units or commercial or industrial developments on sites in excess of 0.5 hectares.
- The Department of Environment, Heritage and Local Government produced "Best Practice Guidelines on the Preparation of Waste Management Plans for Construction and Demolition Projects" in 2006 with the aim of further promoting sustainable development, environmental protection and the optimum use of resources.
- Due to the increasing volumes of construction and demolition waste generated by development projects, as a best practice approach the Council will seek the preparation of Project Construction and Demolition Waste Management Plans for projects which are in excess of specified thresholds:
- This chapter sets out the Council's policies and proposals in respect of issues relating to transport and access.
Objective
- To reduce dependency on the private motorised transport through effective traffic management and to encourage and integrate alternative means of travel to private motorised transport.
Background
- Transport within the County as a whole is dominated by motorised transport. This is further accentuated in the western part of the County within which the Kilrush Plan area lies, due to a low level of public transport and no railway service. To fulfil the aims of sustainable development, private motorised travel must not be the dominant mode and all alternative means of transport must be fully exploited. However, in North Clare it is only the availability of and ease of access made possible by the car that has prevented a greater decline in population.
- Therefore in recognising this fact, there is a need to:
- Manage and improve choice of transport mode for all people living in the plan area to encourage more sustainable travel behaviour, but recognising the dependence on the private car in the plan area for movement, it is therefore important to upgrade, manage and maintain the existing road network to improve safety, efficiency and ease of movement for all within the plan area.
- The important factors are choice and access. For many, in relation to transport, there is no choice and there are those who have difficulty even accessing the limited public transport that does exist.
Existing Road Network
5. The Plan area is served by two national secondary routes, the N68 Kilrush to Ennis road and the N67road which runs from Killimer through Kilrush running north through the County as the main tourist coastal route extending all the way to Galway.
There are 2 regional routes.
- The R483 (Kilrush - Cooraclare - Creegh)
- The R473 (Kilrush - Kilmurray McMahon - Ennis)
Existing Public Transport Provision
6. The public transport service that exists at present provides only a limited number of services. Bus Eireann operates daily services between Kilrush and Ennis with links to Galway or Limerick at Ennis.
7. East Clare Accessible Transport provide a weekly service every Friday between Cooraclare and Kilrush and Kilrush to Kilkee and Kilbaha.
8. There is no rail service to Kilrush. It is an objective of the Council to preserve the transport corridor along the route of the old West Clare railway ad to promote and encourage development that ensures its continuation as a transport corridor, most likely by cycle and foot which will also be of interest to tourists. It is an objective of the Council to safeguard this route when considering development proposals.
Committed Road Schemes
9. National Secondary Routes:
Constraints study undertaken in relation to a relief road between N67 Killimer Road and N68 Ennis Road.
Policy T1: National Secondary Routes
The Planning Authority will not permit development requiring direct access onto the N68 and N67 national secondary routes where the maximum speed limit applies.
10. This policy will not apply within the development boundary of Kilrush, nor where the maximum speed limit applies. In this context, direct access to such routes will be defined as any access other than via a public County road or Regional route. This policy will not apply to the following:
- Landowners who have owned the land since 1st January 1999 and their sons and Daughters and, farmers and their sons and daughters wishing to build a dwelling for their own occupancy on family land.
- Agricultural, forestry or other developments with a functional rural connection.
- Developments of strategic importance which by their nature are most appropriately located in a rural area and where the site in question has specific characteristics which make it particularly suitable for the development proposed.
- Temporary quarrying activity related to the construction of
new roads which are objectives of the Plan provided that the following
conditions are fulfilled -
- No reasonable alternative site is available in the vicinity with access off a minor road.
- No new access is created where possible.
- No specific traffic hazard exists at the proposed site due to substandard road alignment or construction or to site conditions or configuration.
Policy T2: Community Transport
The Council will work with others to encourage and promote a sustainable community based public transport scheme that will enable access to service centres for all members of the community in North Clare.
11. It is an objective of the Rural Transport Initiative set up under the National Development Plan to promote and support the development of community based transport. The Council endorse this fully and encourage and support such initiatives in Kilrush. East Clare Accessible Transport operate a weekly service (Friday) between Kilrush and Cooraclare and between Kilrush, Kilkee and Kilbaha.
Policy T3: Safe and Convenient Access
Proposals for development will only be permitted where they satisfactorily address the provision of facilities for access for persons with physical disabilities, pedestrians and cyclists.
12. The access needs of persons with physical disabilities are addressed in the Building Regulations (part M of the amended regulations 2000 - Access for the Disabled). The use of ramps, lifts, disabled toilets and adequate circulation spaces in the function of any development for the safety and convenience of persons with physical disability will be considered in the determination of applications for planning permission.
13. Cycling, where safe and convenient, is an important transport mode and can provide an alternative to the motor car for many local trips. Where development occurs, it must address the needs of cyclists by identifying cycle friendly routes and providing adequate safe and secure parking areas for cycles.
14. Within the town of Kilrush, the emphasis for movement should be on foot. Routes between areas of residence and the main services, buildings and car parking areas should be safe and convenient. Within the town centre, access to properties directly off Henry Street should be avoided, utilising rear access points where possible.
15. Any new proposals for development should not impinge upon safe routes to school for children and where these are currently inadequate, the Council shall resolve to improve safety and access to such schools. Provision and maintenance of safe routes can reduce the number of short distance car journeys and encourage more sustainable forms of movement such as cycling and walking.
Policy T4: Public Transport Improvements
Proposals for major new development will be required to make provisions to incorporate public transport infrastructure development so as not to prejudice the future delivery of a public transport service.
16. The County Development Plan sets out the strategic objective to examine the necessity and possibility of providing dedicated public transport corridors in future major road developments.
17. Council will co-operate and liase with the relevant transport bodies and authorities to secure improvements to the public transport system within Kilrush. It is also their objective to facilitate the provision of other more modest improvements such as bus bays, shelters and other facilities.
18. Other than the provision of these facilities, the policies and objectives of the development plan envisage:
- An increase in residential numbers within Kilrush that will encourage the development of viable and effective public transport networks.
- An increase of economic and employment land uses within the plan area which should assist in the growth and usage of a public transport network.
- The protection, free from development, of such lands as are required for the development of public transport facilities.
Policy T5: Rail Network
The Council will safeguard the route of the old West Clare Railway and associated structures and marshalling facilities to conserve and promote it as a transport corridor for public use either on foot, bicycle or other appropriate means of transport.
19. The Limerick Planning, Land Use and Transportation Study and the National Spatial Strategy seek to promote the use of rail as a sustainable mode of transportation. The Planning Authority considers it important to safeguard the corridor of the old railway line from development that would interfere with its potential to become an important tourist asset in the future. This could have potential significant benefits to the overall tourist economy of the area and its attraction to people and investors as a recreational and transport facility (see REC7).
Policy T6: Traffic Management Schemes
The council will resolve to undertake traffic management, traffic calming and pedestrian priority schemes in the settlements of Ennistymon, Miltown Malbay, Lisdoonvarna and Corofin which cater for all road users, managing the demand and supply of the existing road network.
20. The objective of traffic management, traffic calming and pedestrian priority measures is to ensure that people may travel safely by means which minimise the harm afforded to their surroundings. Traffic management includes managing the demand for access by car, improving public transport, limiting the impact of traffic and improving facilities for cycling and walking.
21. The Planning Authority envisages that Kilrush, being the administrative and service centre for West Clare will be the focus for growth over the duration of the plan period. Kilrush has traffic management issues and further growth will accentuate these, reinforcing the need to have a comprehensive traffic management strategy in place that will sustain these settlements into the future. A constraints Study has been undertaken by the Council in relation to a relief road between the N67 and N68. The Council has also explored the possibility of a link road between the Ennis and Cooraclare road, shown as an indicative infrastructure safeguard on the Land-Use Zoning Map, with a possible extension to provide a link as far as the Kilkee Road.
22. In relation to new development proposals, the Council will work with engineers and designers to ensure that road design makes its proper contribution to traffic calming and pedestrian movement from the outset.
Policy T7: Road Safety
The council will promote road safety within the kilrush plan area and will seek to avoid the creation of traffic hazards by ensuring:
- That there are sufficient pelican crossing facilities within the town to address pedestrian needs and all are fully operational; and
- That there is adequate provision for the safety needs of cyclists within the town and in the design of any new roads, junctions or roundabouts; and
- The careful management of heavy goods vehicles along certain preferred routes and within the affected settlements to safeguard other road users and improve traffic flows; and
- Limit the number of conflicting traffic movements by careful design and location of private access points onto public roads.
23. The Development Plan recognises the need to take the quality of the public road serving any development and the capacity of that road to accommodate anticipated traffic loads into account when considering applications for planning permission.
24. In the design and improvement of roads and in the assessment of proposals for new development, the safety of road users, including motorists, cyclists and pedestrians will be a primary consideration. Cyclists and pedestrians are especially vulnerable in road accidents and new designs and developments must pay strong attention to ensuring their safety.
25. It will be the Council's objective to promote walking as a viable alternative to the car for local, short distance trips through well managed footpaths, clear signage and, where appropriate, well maintained crossings.
Policy T8: Car Parking Facilities
Proposals for development will include details of car and cycle parking to comply with adopted standards.
26. The provision of vehicle and cycle parking both operational and non-operational is necessary to reduce traffic congestion and to provide safe and convenient access to buildings, business premises and places of work.
27. To make development sustainable, car parking standards may vary to allow for higher density development in town centre or close to town centre locations where off street parking may be available in public car parks or where the requirements of car ownership are likely to be less.
28. Where a scheme for the provision of off-street car parking exists and the developer is unable to provide on-site car parking in a town centre location the Council will require contributions to the cost of providing such car parking. The Council will also endeavour to manage parking by implementing some controlled parking measures and will encourage off-street parking wherever possible.
Policy T9: Cycling and Walking
Proposals for any new major developments within the plan area will be required to make provisions for the development of cycling and walking as viable alternatives to the private motor vehicle.
29. The Development Plan sets out the need to examine the feasibility of the development of cycle lanes in all new major road schemes and the provision of such facilities within urban areas and their environs and to provide such facilities where feasible.
30. The provision of adequate cycle parking, where possible, in proposals for office, residential, retail and employment generating developments will be strongly encouraged. Secure cycle parking is recognised as a direct incentive for people to make better use of bicycles for a range of trips.
31. Cycling and walking are environmentally friendly, fuel-efficient and healthy modes of transport. They are important means of travel to work, school, shops and other activities and their development is in line with the principles of sustainability. The overall purpose of T9 is to increase the percentage share of overall travel afforded to cycling and walking and decrease that undertaken by private car, which at present is very high.
32. Clear signage of all cycle ways and walking routes within the plan area will be provided and maintained, and within the town all cycle bays will be clearly marked. Footpaths shall be maintained to a high standard and where they are lacking, will be provided to link residential areas with services, schools and areas of work.
Policy T10: Harbours
Proposals for the development of harbour facilities, piers and slipways on the shannon estuary will normally be permitted where it can be clearly demonstrated that:
- Constraints resulting from designation of the shannon estuary as a special area of conservation have been taken into account; and
- There are no adverse environmental, residential or transport impacts.
33. The Council will generally support the development of harbour facilities and associated access roads on the Shannon Estuary, mostly for leisure use in conjunction with policy TOU4. The Council acknowledge the strategic benefits of developing access points for tourism traffic as well as for local use. The National Development Plan 2007 - 2013 includes a number of government initiatives relating to the improvement and upgrading of harbour infrastructure. Specifically, investment in the marine leisure sector is being made available to encourage such improvements in new and existing facilities.
Chapter 15: Recreation And Leisure
- This chapter sets out the Council's policies and proposals in relation to recreation and leisure.
Objective
- To make provision for the needs of all sectors of the resident population and visitors to the area in terms of accessing a range of indoor and outdoor leisure and recreation community facilities.
Background
- Recreation areas in the form of playing fields can be found at the Kilrush Community School, Moneypoint sports ground and the recreational grounds on the Cooraclare Road and on the John Paul Estate on Wood Road. There is a need to provide for a dedicated training and pitch area which is accessible to all the community groups and clubs.
- An increase in demand for indoor leisure and recreation facilities is a national trend. The increased popularity of indoor sports requires significant investment in buildings and equipment. The dual-use of facilities constructed for schools and colleges are a sustainable way of addressing leisure demands.
- Open Space areas in the plan are largely informal. There is one formal playground area at Cappagh, but otherwise there are no formal playground or hard play areas. Open space areas associated with housing developments have some limited planting but are mainly open grassed areas.
Policy REC1: Leisure, Recreation, Cultural and Community Facilities
Proposals for leisure, recreational, cultural entertainment and community facilities and extensions, conversions and reuse of existing facilities will be permitted where it can be clearly demonstrated that development will:
- Be accessible to local residents with or without payment, pedestrians, cyclists and those with special mobility needs; and
- Not have an unacceptable transportation or environmental effect; and
- Not prejudice existing residential amenities; and
- Not adversely affect the character of the area; and
- Not prejudice the development or use of the area for tourism.
- There is an identified need for leisure, recreational and entertainment facilities in the Plan area. Apart from serving the local community, any leisure or recreational development offers the opportunity to support tourism needs and thereby enhance the role of the Plan area as a tourist centre. To address issues of social inclusion it is necessary that development offers benefits to the whole community.
- The Council recognises that leisure and recreational facilities operated from early morning to late at night and as such can create particular environmental problems in terms of noise, light and traffic movements. A balance has to be struck between making a facility physically accessible and sustainable in its operation whilst protecting residential amenity.
Policy REC2: Development of Sports Facilities
Development proposals for the provision of new large-scale sports facilities will normally be permitted where it can be clearly demonstrated that:
- They would not detract from the character of the surrounding area;
- They would have no unacceptable transport or environmental effects; and
- The proposed site is, or would be, easily accessible to pedestrians and cyclists and to public and private transport.
- Every opportunity should be taken to encourage integration of new facilities with existing ones in order to make the most efficient use of resources. Consequently, the Council considers that the most appropriate locations for new facilities will be associated with existing open spaces in the town and land has been zoned accordingly as shown on the Land-Use Zoning Map. Future provision should be considered in the context of the feasibility study with regard to an integrated community facility, of which sports facilities could be included. The nature and scale of sports facilities in the countryside must be closely assessed in order to ensure that they do not have an undue adverse impact on the character or amenity of such areas.
Policy REC3: New Outdoor Recreational Space
Development proposals for new outdoor recreational space or the extension of existing outdoor recreational space will be permitted where it can be clearly demonstrated that they:
- Would have no significant detrimental effect on the surrounding area or on the residential amenities of nearby occupiers; and
- Would have no adverse environmental or transport effects; and
- Lie within reasonable walking distance of the communities they are intended to serve; and
- Provide for a range of users and recreational activities to the satisfaction of the council; and
- Are for sites that are suitable for their intended purposes in terms of size, shape and topography; and
- Allow for suitable access for all and parking facilities; and
- Would not be detrimental to public safety.
- The Council will encourage development proposals for the provision of new outdoor recreational space provided that they meet the criteria set out in the policy intended to protect amenity , public safety and to ensure that such facilities are well located in relation to the target users.
- The Council consider it appropriate to ensure that where possible recreational facilities appeal to an area accessible to the widest range of users. In this respect the Council will expect to be satisfied that the development proposal has given full consideration to providing a broad range of recreational uses and opportunities and has fully considered the needs of all likely users.
- Outdoor recreational spaces are areas of land that are available for sport, active recreation or children's play; are if a suitable size and nature for their intended purpose; are safely accessible; and are available to the public. Outdoor recreational space therefore includes playing fields, parks, playing pitches and play areas.
Policy REC4: Retention of Outdoor Recreation Spaces
Development proposals that involve the partial or complete loss of public, private or school outdoor recreational space or children's play areas will not be permitted unless:
- Alternative playing space provision of equal or greater community benefit would be provided and made available prior to the commencement of the proposed development; or
- The applicant can demonstrate that the proposal would not result in, or increase, a shortfall in outdoor recreational space provision and to future outdoor recreational space needs.
- It is important to ensure that where possible, existing recreational and leisure spaces are protected from development. Proposals for development on existing recreation and leisure land-uses will be required to demonstrate and provide alternative facilities at a suitable location.
Policy REC5: Public Open Space, Amenity and Play Areas
Where appropriate, proposals for development will be required to make provision for public open space, play space or other informal recreational facilities in accordance with the standards adopted by the council.
- Accessible play space and informal recreational facilities are critical elements in a living environment. Where new development occurs, the Council will seek the provision of play spaces and/or informal recreational facilities accessible to all, according to the standards set out in the development and guidelines and standards set out in Section E of this Plan.
- It is recognised that it is not always appropriate for developments to provide play space and informal recreational space either because of site restrictions or the nature of the development proposed.
- Where provision is not appropriate because of site limitations developers will be required to contribute either financially or in kind to adopted schemes for the provision and maintenance of play spaces or informal recreational facilities provided elsewhere, but accessible and of benefit to the users of the development.
- Incidental open space provides a structure and setting for settlements and its acquisition and establishment can be secured through development charges.
- Where it is proposed that public open space is to be taken in charge by the Council for future maintenance the developer will be required to present the land to be taken in charge laid out and constructed as required by the planning permission and conditions attached to such permission.
Policy REC6: Recreation in the Countryside
Development proposals for recreational use in the countryside will be permitted provided that they:
- Would have no significant detrimental effect on the surrounding area or on the residential amenities of nearby occupiers; and
- Would have no adverse environmental or transport effects; and
- Provide for a range of users and recreational activities to the satisfaction of the council; and
- Are for sites that are suitable for their intended purposes in terms of size, shape and topography; and
- Allow for suitable access for all and parking facilities; and
- Would not be significantly detrimental to public safety.
- Woodland areas provide valuable recreational and amenity areas for communities. Kilrush has a very valuable woodland resource in the Vandeleur Gardens estate which presents significant opportunities of the development of a range of informal and more formal recreational activities including walking, cycling and for such things as orienteering. The Council will seek to promote the development of such activities.
- Countryside recreation includes a wide range of activities including walking, cycling, horse-riding, picnicking and country drives. By definition, countryside recreation usually takes place outside settlement areas. Countryside recreation can be of benefits to a person's health and sense of well-being and can increase appreciation and understanding of an area's landscape and wildlife. The Council will seek to ensure that the natural resources which form the basis for countryside recreation are protected and effectively managed.
Policy REC7: Recreational Routes
Provision will be made to accommodate proposals for off-road recreational routes. Development proposals on or adjacent to the west clare railway line or other identified routes which conflict with, or restrict the recreation potential of the line will not normally be permitted.
- Recreational walking, cycling and horse-riding make a valuable contribution to the quality of life and provides an important facility. The National Waymarked Ways Advisory Committee advise on the development of walking routes and provide assistance in planning and funding of routes. Similarly the Clár funding initiative could present opportunities to development proposals for these types of projects which are encouraged by the Council.
- Recreational routes should focus on the safety and convenience of users and roads to not always provide the best routes taking those factors in to account. The use of roads for recreational routes cannot always be avoided.
- It is proposed that the line of the West Clare Railway should be safeguarded to allow for its development as a recreational route which has the potential to be developed as part of a long-distance walking route, as well as providing a safe and convenient route for the local community. The comparatively level nature of the line lens itself to its multi-use including cycling and horse-riding and for accessibility for wheelchairs and others with mobility impairment. Research into appropriate surface, access points and management of the route must be part of the overall planning and development of the line as recreational route.
- A section of the West Clare Railway line lies within the Plan area and the Council will promote its protection as part of a long-distance recreational route.
Policy REC8: Existing Public Rights of Way
The Council will encourage the retention of the existing public rights of way network and seek to ensure that all routes are appropriately signposted, waymarked and kept free from obstruction.
- The Council recognise that existing public rights of way constitute an important amenity and tourism resource. The Council will seek to protect existing public rights of way when considering development proposals in recognition of their importance to recreation, amenity and tourism related activities.
Policy REC9: New Public Rights of Way
The Council will encourage the extension of the public rights of way network and seek to ensure that all new or extended routes are appropriately signposted, waymarked and kept free from obstruction. The Council will also seek to increase the opportunities for gaining access to the countryside where these can be accommodated without significant detriment to landscape or nature conservation interests. This will be achieved by maintaining, enhancing and extending the existing network of public rights of way and open spaces.
- The Council will seek to promote new opportunities for gaining access to the countryside where possible. This is in order to support and enhance the existing range of public rights of way.
Policy REC10: Changes to Public Rights of Way
Proposals for development requiring the diversion of public rights of way will only be permitted where an alternative route of equal or improved convenience and character compared with the original route is to be provided. Development proposals involving the extinguishment of public rights of way will only be permitted where it can be clearly demonstrated that :
- A safe and convenient alternative route cannot be achieved; and
- It has been proven that the right of way is no longer of practical or recreational value.
- It is the Council's intention to protect existing public rights of way where possible. If development proposals require a diversion and therefore extinguishment of an existing right of way, the Council will require that a suitable alternative route is provided to its satisfaction
- A condition may be attached to any planning permission granted, so as to ensure that the diverted public right of way route is implemented prior to the occupation of the proposed development.
- The Council will only support development proposals that involve the extinguishment of rights of way where they are clearly obsolete and of no demonstrable recreational value. It will also expect proposed footpath diversions to follow convenient and equally attractive routes compared with the original.
Policy REC11 : Outdoor Events
Proposals for outdoor events will only be permitted where it can be clearly demonstrated that:
- Development will not have an unacceptable transport or environmental effect; and
- Existing residential amenities will not be unacceptably prejudiced; and
- There is no adverse effect on character and amenity of the area; and
- The site is in all other respects suitable.
- It is recognised that outdoor events can make an important contribution to the economy of the area as well as to the social and cultural aspects of the area. The area has been host to a number of outdoor events of varying scales, some associated with long established festivals and others as stand alone events.
- Public performances which take place wholly or mainly in the open air or in a structure with no roof or a partial, temporary, retractable roof, a tent or similar temporary structure and which is comprised of music, dancing, displays of public entertainment or activity of a like kind are required to be licensed. Section 231 of the Planning and Development Act 2000 (as amended 2002) requires consideration be given to issues relating to other land uses likely noise levels, the adequacy of water and waste water facilities, security arrangements, the adequacy of the road network, traffic management arrangements including car-parking, the duration of the event and associated peripheral activities.
Chapter 16: Development Contributions
- The Planning Authority are required by Section 48 of the Planning and Development Act 2000 to adopt a development contribution scheme to identify the quantity and distribution of contributions towards an adopted capital works and refurbishment programme for public infrastructure and facilities benefiting development in the Plan area and to make equitable provision for community facilities, open spaces, and amenities including recreational amenities to reflect the objectives of the Plan.
- The Planning Authority have prepared a development contribution scheme for the Plan area in accordance with the Planning and Development Act 2000. The development contribution scheme will provide the means of facilitating the capital works, including the acquisition of land, associated with policies for the provision of public infrastructure including community facilities, open spaces and amenities including recreational amenities.
- The Planning Authority will require all developers, unless otherwise exempted, to pay development contributions in line with an adopted development contribution scheme at the time of development or as otherwise agreed. Where works are being carried out be developers, with the agreement in writing of the Planning Authority, that would otherwise be funded from development contributions, monies may be recovered by the developers from the council for the provision of those works in excess of those necessary for the benefit or facilitation of the development.
Special Development Contributions
- Kilrush Town Council may, in addition to the terms of the General Development Contribution Scheme require the payment of a special contribution in respect of a particular development where specific exceptional costs not covered by a scheme are incurred in respect of public infrastructure and facilities which benefit the proposed development.
