Clare County Council Crest

Kilrush Development Plan - Section E:

Section E:

Chapter 17: Development Guidelines and Standards

Introduction

1. This section outlines the standards for development carried out in the County and indicates the criteria which will be taken into account in considering applications for planning permission. These are intended to give information and a general guideline as to the Planning Authority's requirements regarding particular aspects of proposed developments but they are not intended to be inflexible.

2. The guidelines support and inform the implementation of planning policy. The objectives and policies of the County Development Plan and Local Area Plans will take precedence over these guidelines where there appears to be any ambiguity or lack of conformity between the two.

3. Potential applicants are advised to contact the Planning Authority prior to lodging a planning application particularly in the case of large developments and those requiring an Environmental Impact Statement. Prior consultation with the Planning Authority can reduce delays in the planning process. This advice and guidance is available under Section 247 of the Planning and Development Act 2000.

 

Access and Mobility

4. Personal ability includes mobility, hearing, vision, breathing, grip and height. Part M of the Building Regulations sets out the needs of persons with disabilities and these have to be taken into consideration in the design of new and existing structures that allow public access, for example schools, libraries, shops etc. These needs relate, in particular to access, internal circulation, parking and sanitary facilities.

5. In the context of planned development these needs relate in particular, to access, internal circulation, parking and sanitary facilities.

Specifically :

  • The design of new developments and public open space should have regard to the needs of people with disabilities.
  • The design of housing developments and external open spaces in towns and villages should have regard to the needs of people with disabilities.
  • The minimum number of disabled parking spaces to be provided according to car-park size at a ratio of 1:25 for the first 100 spaces and 1:50 above that.
  • The design of access to buildings and building interiors and the design of external areas including car parks, circulation and informal open spaces should have regard to the needs of people with disabilities.

6. Further detailed information regarding building design and publicly accessible outside areas can be found in "Building for Everyone" published by the National Disability Authority, 2002.

 

Advertising

7. The Planning Authority will normally permit the provision of nameplates and advertising signs on commercial and industrial premises, indicating the nature of the activity involved or the service being offered on the premises. Where appropriate (e.g. entrance to an industrial estate) these should be grouped.

8. Signs and nameplates will be required to comply with the following guidelines:

  • Signs and nameplates, including those involving corporate names and logos within the historic centres of towns and villages will be required to take account of the tradition of signage within those areas.
  • Signs should be designed so as to be recognised by people with visual impairments.
  • In general signs and nameplates on buildings will be required to be hand-painted, or to comprise individual raised letters on a timber or stone background.
  • Internally illuminated box fascias and illuminated projecting box signs will not be permitted in Architectural Conservation Areas and will be generally discouraged in other areas.
  • Signs should not project above the level of a building parapet or otherwise obtrude on the skyline.
  • Signs should not interfere with windows or other features of the facade nor conflict with the proportions of the existing structures in the area. In the case of a protected structure, limited advertising matter will be permitted.
  • Sundry advertising devices attached to the facade of any structure, e.g. spotlights, flags, banners, neon moving message signs, multi-coloured lights, will not normally be permitted.
  • Fixed signs shall be preferred to free-standing signs.
  • Through its licensing functions, the Council will control the number, size and design of signs on the approach roads into towns and villages. Unless fixed to the premises concerned the display of commercial advertisements will not normally be permitted in vulnerable landscape areas.

Agricultural Buildings and Developments

9. Changing agricultural practices are placing greater pressure on the environment. Along with these practices are new farm buildings which are associated with the large scale production of agricultural produce.

10. Structure Design

  • buildings should be sited as unobtrusively as possible, and materials and colours which will blend with their surroundings.
  • In certain circumstances, the Planning Authority may require the submission of a tree and shrub planting/landscaping scheme.

11. Effluent Control

  • The Planning Authority will require that agricultural developments be designed to Department of Agriculture 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
    - 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.

12. Further information can be obtained from the Department of Agriculture website www.agriculture.gov.ie regarding Farm Building Specifications.

 

Energy Efficiency

13. Proposals for development which will involve energy use by way of heating, lighting, air conditioning etc should take account of and incorporate, where appropriate, the following measures:

  • Solar Panels: A roof can be designed to incorporate solar panels or heat collectors to minimise energy costs. It is also possible to design a building in such a manner as to maximise passive solar energy.
  • Orientation of Buildings: A house with a southerly orientation maximises solar energy during the winter months and decreases overheating during the summer months as the angle of the sun changes throughout the year.
  • Types of Glazing: Double, Triple or glass coated glazing will limit heat loss and improve insulation in a building.
  • Window Size and Design: Large windows increase the amount of daylight in a house but they also encourage heat loss. Small windows increase heat insulation.
  • Roof Insulation: This is a cost-effective way of saving energy by reducing heat loss in roof spaces.
  • Fuel Cell Technology: This is a cost effective manner of providing heat and light into a building without the need to rely on mains electricity, oil, mains gas or liquid petroleum gas sources.
  • Wind power: Small wind generators can be used to supplement the electricity supply to a single dwelling in appropriate locations.
  • Geothermal energy: This natural source of energy from the ground can be used to supplement or replace conventional energy sources.
  • Wall insulation: This can reduce energy costs when applied to older dwellings and dwellings built before cavity wall insulation became a requirement.

14. These measures are advisory and planning permission may be required in certain circumstances, but are considered by the Planning Authority to be important as a move towards the more efficient use of energy resources. Further information can be obtained from the Renewable Energy Information Office of the Irish Energy Centre and the County Clare House Design Guide.

 


Environmental Impact Statement (EIA)


15. Section 172 of the Planning and Development Act 2000 imposes a requirement for certain categories of planning application to be accompanied by an Environmental Impact Statement. For other categories (sub-threshold developments) the Planning Authority may require an EIA if it considers that the proposal would have significant effects on the environment. Further advice and guidance is contained in the Environmental Protection Agency publication "Advice Notes on Current Practice, in the Preparation of an EIS" (www.epa.ie)

 

Criteria for Environmental Assessments

Description of the development, the local environment and the baseline conditions:

  • Description of the development
    The purpose and objectives of the development should be explained. The description of the development should include the physical characteristics, scale and design as well as quantities of material needed during construction and operation. The operating experience of the operator and the process, and examples of appropriate existing plant, should also be given.
  • Site description
    The area of land affected by the development should be clearly shown on a map and the different land-uses of this area clearly demarcated. The affected site should be defined broadly enough to include any potential effects occurring away from the construction site (e.g. dispersal of pollutants, traffic,
    changes in channel capacity of water courses as a result of increased surface run off etc.)
  • Residuals
    The types and quantities of waste matter, energy and residual materials and the rate of which these will be produced should be estimated. The methods used to make these estimations should be clearly described, and the proposed methods of treatment for the waste and residual materials should be identified. Waste should be quantified wherever possible.
  • Baseline conditions
    A description of the environment as it is currently and as it could be expected to develop if the project were not to proceed. Some baseline data can be gathered from existing data sources, but some will need gathering and the methods used to obtain the information should be clearly identified. Baseline data should be gathered in such a way that the importance of the particular area to be affected can be placed into the context of the region or surroundings and that the effect of the proposed changes can be predicted.

Identification and evaluation of key impacts:

  • Identification of impacts and method statement
    The methodology used to define the project specification should be clearly outlined in a Method Statement. This statement should include details of consultation for the preparation of the scoping report, discussions with expert bodies (e.g. Planning Authority, Duchas, Heritage Council etc.,) and the public, and reference to panels of experts, guidelines, checklists, matrices, previous best practice examples of environmental assessments on similar projects (whichever are appropriate). Consideration should be given to impacts, which may be positive or negative, cumulative, short or long term, permanent or temporary, direct or indirect. The logic used to identify the key impacts for investigation and for the rejection of others should be clearly explained. The impacts of the development on human beings, flora and fauna, soil, water, air, climate, landscape, material assets, cultural heritage, or their interaction, should be considered.
    The Method Statement should also describe the relationships between the promoter, the planning, engineering and design teams and those responsible for the EIA.
  • Prediction of impact magnitude
    The size of each impact should be determined as the predicted deviation from the baseline conditions, during the construction phase and during normal operating conditions and in the event of an accident when the proposed development involves materials that could be harmful to the environment (including people).
    The information and data used to estimate the magnitude of the main impacts should be clearly described and any gaps in the required data identified. The methods used to predict impact magnitude should be described and should be appropriate to the size and importance of the projected disturbance. Estimates of impacts should be recorded in measurable quantities with ranges and/or confidence limits as appropriate. Qualitative descriptions where necessary should be as fully defined as possible (e.g. "insignificant means not perceptible from more than 100m").
  • Assessment of impact significance
    The significance of all those impacts, which remain after mitigation should be assessed using the appropriate national and international quality standards where available. Where no such standards exist, the assumptions and value systems used to assess significance should be justified and the existence of opposing or contrary opinions acknowledged.

Alternatives and Mitigation

  • Alternatives
    Alternative sites should have been considered where these are practicable and available to be developed. The main environmental advantages and disadvantages of these should be discussed in outline, and the reasons for the final choice given. Where available, alternative processes, designs and operating conditions should have been considered at an early stage of project planning and the environmental implications of these outlined.
  • Mitigation
    All significant adverse impacts should be considered for mitigation and specific mitigation measures put forward where practicable. Mitigation methods considered should include modification of the project, compensation and the provision of alternative facilities as well as pollution control. It should be clear to what extent the mitigation methods will be effective. Where the effectiveness is uncertain or depends on assumptions about operating procedures, climatic conditions etc, data should be introduced to justify the acceptance of these assumptions.
  • Commitment to mitigation
    Clear details of when and how the mitigation measures will be carries out should be given. When uncertainty over impact magnitude and/or effectiveness of mitigation over time exists, monitoring programmes should be proposed to enable subsequent adjustment of mitigation measures as necessary.

Communication of results

  • Presentation
    The report should be laid out clearly with the minimum amount of technical terms. An index, glossary and full references should be given and the information presented so as to be comprehensible to the non specialist.
  • Balance
    The environmental statement should be an independent objective assessment of environmental impacts not a best case statement for the development. Negative impacts should be given equal prominence with positive impacts and adverse impacts should not be disguised by euphemisms or platitudes. Prominence and emphasis should be given to predict large negative or positive impacts.
  • Non technical summary
    There should be a non-technical summary outlining the main conclusions and how they were reached. The summary should be comprehensive, containing at least a brief description of the project and the environment, an account of the main mitigating measures to be undertaken by the developer, and adescription of any remaining or residual impacts. A brief explanation of the methods by which these data were obtained and an indication of the confidence, which can be placed in them should also be included.

Industrial and Warehousing Development

16. The following factors will be taken into account in the assessment of all applications for the development of new industrial (light, general and warehousing) space throughout the County.

Access

17. Main access roadways, side roads and cul-de-sac roads should have a minimum carriageway width of 7.5 metres. A 2 metre wide footpath should be provided.

 

Individual Site Layouts

18. Adequate space should be provided for the loading and unloading of goods and the manoeuvring of vehicles within the site and clear of the public road. Adequate turning space must be provided within each site. Areas between the building and the roadside boundary may include car-parking spaces provided there is anacceptable scheme of landscape works.

 

Car Parking & Circulation

19. Care should be taken in the laying out of parking areas to avoid conflict between the movements customers, goods vehicles and pedestrians. Parking spaces shall be provided as set out in Appendix 1 of the Development Plan. Parking areas should be reserved solely for the parking of vehicles and should not be used for storage of materials or goods associated with the development, nor for the parking of goods or other heavy vehicles.

Car parking facilities for visitors and for disabled drivers should be provided, and separate staff car parking should be provided and identified where feasible. Parking for operational purposes i.e. for articulated and fixed axle vehicles/trucks should also be separately provided.

 

Boundary Treatment & Landscape Works

20. See Section 9.3

 

Use

21. Full details of the proposed use, including industrial processes involved, any toxic materials, chemicals or solvents used, along with an assessment of any significant environmental impacts should be submitted with the planning application if known.

 

Storage of Goods & Fuels

22. The following guidelines and standards apply:

  • Goods, including raw materials, manufactured goods, packaging, crates etc., should be stored or displayed only within the enclosed factory area. Any proposal to use external space for storage or display should be submitted to the Planning Authority for permission.
  • All outdoor storage and other areas, including bin storage, oil tanks etc., should be located behind the building line and be fully screened by screen fencing or walls 2.0 metres in height.
  • All over-ground oil, chemical storage tanks should be adequately bunded to protect against spillage.
  • Bunding should be impermeable and capable of retaining a volume equal to 1.5 times the capacity of the largest tank.
  • Filling and off-take points should be located within a bund.

Infrastructure Services Provision

Cables and Services

23. The Planning Authority will require that electricity, gas, telephone, communal television cables, individual cable and wire connections be located underground.

24. In areas where communal television services do not exist at present, but where the provision of such service is anticipated within a reasonable time, the Planning Authority will require that ducting is provided in order to permit the future provision of the service, without disturbance to roads, footpaths or to other underground services.

 

Public Lighting

25. Street Lighting

  • Lighting shall be provided in accordance with guidelines contained in 'Recommendations for Site Development Works in Housing Areas' of the Department of Environment and Local Government, November 1998 and any subsequent amendments and should provide an assessment of the existing public lighting facilities between the site and the existing built up area as necessary with proposals to address any inadequacies as necessary.
  • The minimum distance between a building and a lamp standard on a footpath should be 1200mm to enable a person with a guide dog to walk along without being obstructed.
  • Street lighting in housing schemes will normally be required to be provided in accordance with a standard which will provide a reasonable level of amenity lighting within the scheme.
  • Lighting within large housing schemes will be required to be of a standard which provides illumination sufficient to ensure the safe movement of traffic in accordance with ESB's publication "Public Lighting in Residential Estates".

26. Light Pollution

  • Floodlighting of structures will be discouraged.
  • Floodlighting from ground level is only appropriate when directed at historic or architecturally important buildings and expert advice should be sought before undertaking schemes of such lighting.
  • Illumination of buildings and their surrounds should not exceed a level that is necessary for safety and security purposes.
  • Lighting should be directed downwards and should not interfere with the amenities of neighbouring properties.
  • Illumination of sports grounds must ensure that light pollution is minimal.
  • Details of any external lighting schemes intended as part of any new development shall be submitted as part of the planning application.

27. Further information on ways to avoid light pollution can be obtained from the Irish Light Pollution Awareness Campaign, email ilpac-owner@yahoogroups.com.

 

Waste and Recycling

28. The Council may require the provision of suitable recycling facilities in new developments and they will usually consist of bring banks for glass, drink cans and plastic bottles. Installation of suitable litter disposal facilities may also be required in appropriate cases eg. outside takeaway food outlets.

29. Recycling bring banks should be available at a ratio of 1 to every 1000 population outside areas where there is a kerbside collection of recycling materials and that some provision should be made within urban areas where kerbside collections exist. Where possible recycling facilities should be designed to be accessible to people with disabilities, including wheelchair users.

30. As part of its target of achieving 85% of construction and demolition waste material being recycled by 2013, the Government intend to publish Best Practice Guidelines on Construction & Demolition Management in 2005.

Construction Waste

31. Significant quantities of waste are generated during the construction process and the person responsible for the management of the construction should ensure that all waste is recovered and disposed of in accordance with Waste Management legislation.

32. Inert waste is material such as clay, spoil, bricks, blocks, concrete, concrete tiles, ceramic tiles not contaminated with other wastes. If these materials are removed off-site they are subject to regulation under the Waste Management Act and associated regulations. Inert waste removed off-site should be transported by a contractor who has a valid Waste Collection permit and should only be deposited at a site which has a Waste Permit.

33. Recyclable waste that arises during construction such as timber, glass, cardboard and metals should be separated from the general waste streams for recycling.

34. Hazardous waste such as drums or tins containing hazardous chemicals, oil based paints or varnishes, wood preservatives, herbicides, pesticides, batteries shall be separated from mixed wastes and treated as hazardous waste and collected by a specialist Waste Collector.

35. Asbestos waste containing asbestos fibres such as Asbestos Cement slates, sheeting or insulation is classified as hazardous and requires special handling procedures. Asbestos waste should be collected by a specialised Waste Collector.

36. Mixed waste not containing hazardous waste, should be stored within a suitable enclosed container such as a wheelie-bin, skip or covered trailer pending collection by a Waste Collector. Mixed waste should only be disposed of at a licensed landfill or a permitted or licensed transfer station.

 

Water Services

37. The following guidelines are in support of planning policies in Chapter 3 of the Plan.

 

Waste Water Disposal

38. In order to avoid pollution of surface water and ground water, it is important to ensure that the site is suitable for the safe disposal of waste water.

39. Where there is a public sewer, proposed development shall be required to connect into it and in appropriate cases, developers may be required to extend the public sewer to the site. In rural areas and where no public sewerage exists conventional septic tanks or proprietary waste water treatment systems and associated percolation areas will be permitted, subject to the capacity of the gound to accept treated effluent.

40. In the case of single rural houses the Planning Authority requires that a site suitability assessment, including assessment of groundwater vulnerability, percolation and water table tests are carried out by a competent person and the results submitted with any planning application. The Planning Authority maintains and periodically updates a register of persons approved to prepare site suitability assessments.

41. The results should indicate whether a conventional septic tank should be installed or whether a proprietary waste water treatment system is necessary. The treatment system serving a single dwelling should be located within the site and not be connected to any other dwelling. The treatment system should be one which has the approval of the Irish Agremant Board.

42. Further information on treatment systems, testing, separation distances from dwellings/boundaries of watercourses can be obtained from the Environmental Protection Agency (EPA) Manual - Treatment Systems for Single Houses, 2000 or any updated version.

43. The use of communal proprietary waste water treatment systems in settlements in line with policies in Chapter Three of the Plan above and in rural areas for in-depth housing schemes, integrated holiday developments, caravan parks, hotels etc in appropriate cases. Further advice on this subject can be obtained in the EPA Manual: Treatment Systems for Small Communities, Businesses, Leisure Centres and Hotels.

 

Water Supply

44. The provision of a safe and reliable water supply is a requirement of development.

45. Where a site is served by mains water, a connection must be made and a bored well is not permitted.

46. If the water is supplied by a group water scheme, any planning application must be accompanied by a letter of consent to connection from the secretary of the Scheme in certain circumstances, the developer may be required to extend the main to the site.

47. If a bored well is necessary, its location within the site should have regard to groundwater flow. A bored well will normally serve a single dwelling only and a pre-development condition of any planning permission will require the submission of an analysis of water quantity and quality.

48. Further information on this and separation distances from treatment systems can be obtained from the EPA Manual referred to above.

 

Flood Attenuation

49. Housing estates and other substantial developments should be designed in such a way as to minimise the risk of flooding of nearby and downstream areas. Developers should be aware that susceptibility of land to flooding is a material consideration when considering applications for planning permission and should recognise that flood prevention measures can have implications for the natural and built environment. In particular the following issues should be addressed.

  • The Role of Building Standards
    Developers are required to protect buildings and their users from the effects of moisture. This includes the preparation of the ground adjoining a building to minimise the risk of flooding caused by groundwater, floodwater and existing drains.
  • Sustainable Development
    Flood prevention may be achieved by avoiding development in areas of risk, and in coastal areas by managed retreat.
    Development of an area which is exposed to frequent or extensive flooding is likely to be unsustainable and should be avoided. Where development is essential the threat of flooding should be managed in
    an environmentally sensitive way.
    The role of "soft" engineering techniques such as natural flood meadows and callows in attenuating flooding should be recognised and additional flood protection measures should only be adopted after full consideration of all available techniques which can provide the appropriate level of protection and ultimately the enduring need for a development in that area.
    Flooding is part of the natural cycle of events which serve to sustain ecosystems. But in extreme circumstances, and sometimes when human activity has diminished the effectiveness of the flood plain, flooding can destroy ecosystems and habitats, wash away soil and destroy the buildings and infrastructure on which the economy and society depend.
  • Planning and Flooding
    Proposals for development on the coast, within a flood plain or adjacent to a river or its flood plain will only be permitted where it can be clearly demonstrated that it does not place itself at risk of harm to life or damage to property through flooding nor increase the flood risk in the relevant river catchment.

50. A flood impact assessment for development over 0.5 hectares, to ensure that development does not increase flood risk in the relevant catchment, and a certificate from a competent person for other developments, to show that development will not contribute to flooding, is required to accompany planning applications.

 

Sustainable Urban Drainage Schemes

51. Sustainable Urban Drainage Schemes (SUDS) are concerned with the quality of surface water run-off in both urban and rural areas and seek to ensure that the risk to receiving water from pollution is minimised and to control the release of water run-off in a carefully managed way. Prospective developers should take account of the appropriate practices when preparing development proposals.

These fall into three broad groups which aim to:

  • Reduce the quantity of runoff collected (source control techniques)
  • Slow the velocity of runoff to allow settlement, filtering and infiltration via a permeable conveyance system.
  • Provide passive treatment to collected surface water before discharge to a watercourse (end of pipe systems).

Source control techniques include the following:

  • Roadside drainage ditches
  • Porous pavements
  • Infiltration trenches
  • Infiltration basins

Permeable conveyance systems:

  • French drains
  • Drainage ditches

Passive treatment systems:

  • Filter strips
  • Detention ponds

52. Further information can be obtained from the Scottish Environment Protection Agency document "Protecting the quality of Scotland's environment, A guide to surface water best management practices" (www.sepa.org.uk). The Construction Industry Research and Information Association (CIRIA) in the UK has published a document "Development and Flood Risk : Guidance for the Construction Industry" (2005 tel. 0044 207 493300).

Landscape

Open Landscape Areas

53. Proposals for development should seek to incorporate landscape features into new development in a way that avoids loss of landscape character and where possible enhances the characteristics of the different landscape areas.

54. A report on the Landscape Character Assessment for County Clare was published in 2003 by the Heritage Council (see Appendix 7) This identifies areas of the County, each of which has a distinctive landscape character, in which proposals for development must have regard to local natural features including cultural and historical references and respect man made features such as buildings, boundary treatments. Certain areas are designated as vulnerable landscape where the Planning Authority will normally only permit proposals for development of the highest quality which would not have a substantive adverse impact on the landscape. Further advice and guidance is contained in the County Clare Rural House Design Guide www.clarecoco.ie/publications/publications.html

 

Landscape Works for Built Developments

55. Proposals for development should be accompanied by a suitable scheme of landscape works to integrate the buildings into the landscape, to contain and define sites and spaces, and protect views from and the amenity of public areas such as open spaces, roads, footpaths etc. Details of boundary treatment and landscaping should accompany applications.

56. Existing trees and hedgerows should be protected. Proposals for landscape works should provide for planting in an informal pattern with trees and shrubs of varieties common to the surrounding area. All electricity and telephone service lines should be laid underground in a way that does not conflict with the retention of existing vegetation or planting. Definition of roadside boundaries should be by boundary planting or by way of low walls (not to exceed 1.0 metre in height)

 

Boundary Treatment

57. Adequate boundary treatment is required when open space bounds a main access road. Existing hedgerows and trees shall be retained and integrated into the overall landscaping scheme where possible. These shall be adequately protected during the construction phase to ensure their survival.

58. The Planning Authority generally encourages an open plan layouts in urban areas. Rear and side boundary treatments should where possible be of hedgerows or wooden fencing. Where necessary block walls may be provided with walls to a height of 1 metre in front of the front building line and 1.8 metres behind the front building line.

 

Visibility Splays

59. In order to achieve the visibility requirements at road access points especially in rural areas it may be necessary to set back all or part of the front boundary of the site and build a new wall or boundary which is sympathetic to and respects existing boundaries in the area. The relocation of existing hedgerow vegetation along the visibility lines may be an option where nature of the existing roadside boundary is required to be retained. The area between the new boundary and the road edge should ideally be grassed over. Where possible, boundary set-backs should be kept to a minimum and existing roadside walls, hedges and trees etc be retained.

60. Remaining boundaries of the site should be in sympathy with and reflect the style of existing boundaries in the area.

 

Public Open Spaces

61. The Planning Authority will require the submission of a detailed hard and soft scheme of landscape works prepared by a landscape architect or other suitably qualified person. This should form an integral part of the overall design approach and should be accompanied by a schedule of implementation.

62. The Planning Authority will require that adequate functional open space areas be provided for housing developments. Open spaces areas will normally be required to comprise an appropriate hierarchy such as:

  • Major amenity areas
  • Small play areas
  • Incidental visual open space

63. The areas of amenity open space will be required to be conveniently located within the development to provide a safe play area for children and should be overlooked by as many houses as possible. Open space areas located to the rear of dwellings and with a narrow access from the public road will not normally be considered suitable. Houses will not normally be permitted to back onto open space.

64. An area of 75 metres of open space area will generally be required in respect of each dwelling within a housing scheme subject to a minimum provision of 10% of the total gross area of the site. Incidental open spaces such as road verges and margins, roundabouts, land associated with other infrastructural provision or land which, because of its nature or topography, is not capable of being used for amenity open space area will not be assessed as part of this provision.

65. In certain circumstances, when a major area of public open space is available in close proximity to a proposed housing development, the requirements regarding the provision of open space may be relaxed. This will be conditional that adjacent open space is suitable for use by the residents of the housing scheme, provided adequate access is available to such open space. In these circumstances a financial contribution is required towards the cost of the provision and improvement of the public space being availed of, or alternatively the Planning Authority may accept a situation where suitable community facilities are provided in lieu of the developers open space requirements.

66. In some cases, infill housing schemes in the central areas of towns and villages may not be required to comply in full with the open space provision requirements provided adequate play areas are provided, together with areas provided with hard landscaping and suitable for passive recreation. The suitability of each such scheme in this respect will be considered on its individual design merits.

67. A relaxation of the standards may be considered where the gross density of a housing scheme is less than 7 dwellings per hectare (3 per acre), as the provision of space within the dwelling curtilages over and above the minimum required may be taken into account.

68. Adequate boundary treatment is required when open space bounds a main access road. Existing hedgerows and trees shall be retained and integrated into the overall landscaping scheme where possible. These shall be adequately protected during the construction phase to ensure their survival.

69. In general trees provided as part of a landscape scheme should be of a variety of size and species to reflect the existing landscape character, contribute to the design of the development and carefully integrate the development into sensitive landscape areas.

70. Where a water body forms a feature of a residential development, the risk of such a feature to public safety shall be evaluated and if necessary the Planning Authority will require that adequate steps are taken to reduce the level of risk to an acceptable level.

71. The Planning Authority may also generally require hard surfaced play areas and small playgrounds suitable for children under 10 years old as part of larger developments.. Further information may be obtained in Clare County Council's "Play Policy and Action Plan for Clare 2004 - 2008".

 

Residential Development

Rural Housing

72. The Planning Authority wishes to achieve a high standard of house design and siting in the County and in consultation with local practitioners has produced a design guide, "Houses in the Countryside," which is available to the general public. It offers an approach to the development of single houses in the countryside and addresses issues of:

  • Designing a house appropriate to the character of the landscape
  • The traditional qualities of house design
  • The appropriate location and siting of houses in the landscape
  • Measures that should be considered when designing a house
  • Considerations for altering, converting or extending a house
  • External materials
  • Information on native tree species and the Building Regulations is also included.

Size of Site

73. In order to accommodate a dwelling, waste water treatment system and associated percolation area, a minimum site area of 0.2ha (0.5acres) is required. A site has a road frontage a minimum frontage of 30m is normally required this may be relaxed where there are no issues of backland development or impact on residential amenity or where it is desirable to maintain existing boundary features.

 

Waste Water Treatment and Water Supply

74. See Water Services section below

 

Boundary Treatment

75. See landscape and Public Open Space section above

 

Multiple Housing Developments

76. Housing developments are new communities or extensions to existing communities and the Planning Authority considers that all such developments should strive for excellence. In particular the form, scale and design of developments should respect and enhance their context. The Planning Authority welcomes innovative developments for our smaller towns and villages. A category for best new housing estate is included in the Clare Design and Conservation Awards Scheme run by Clare County Council with the inaugural scheme commencing in 2005. In general, the Planning Authority will require master plans to be prepared for larger development or where a number of individually owned parcels of land require an integrated approach.

Density

77. As the Planning Authority promotes a qualitative as opposed to a quantitative approach to developments of this nature, no specific density standards are specified in this Plan. The densities will be determined by the other design and development standards that are required to be achieved, prevailing adjacent densities and the standards and safeguards in the DOEHLG guidelines for Planning Authorities on Residential Density. Policies regarding density guidelines according to location are to be found in Local Area Plans.

Dwelling Design

78. The value of an appropriate housing layout will not be realised without corresponding high standards in house design. The Planning Authority welcomes contemporary designs and innovation in this area and a departure from the now tired "houses designed for nowhere but found everywhere" suburban designs. Context remains very important particularly in the case of the smaller towns and villages in the county.

79. In the case of outline applications for planning permission for housing schemes in which sites will be sold for individual development, a design brief for each site or group of sites is required to be submitted as part of the outline application for subsequent approval, and that dwelling design be in accordance with an approved design brief.

80. Materials and finishes will be required to be of a high standard and take account of their context. Where required, colour schemes will be required to be prepared by a suitably qualified person.

 

Permeability/Access

81. Pedestrian and cycle links between housing areas, connecting to open space areas and facilitating access to community facilities will be required where appropriate. These routes should be adequately lit and designed in a manner to prevent motorised access unless a route is specifically classified as a shared surface.

 

Public Open Spaces & Landscape Works

82. See Landscape and Open Space section above

Building Line

83.

  • The building line required will relate to the nature and design of the dwellings being proposed, and the nature of the layout of the individual estate.
  • For most suburban-type developments, a minimum building line set back 7metres from the front boundary of the site is required. In the case of development alongside Distributor Roads the distance should be 15 metres to ensure noise levels are at an acceptable level.
  • For high-density urban developments, buildings may be permitted at the inside edge of footpaths in suitable circumstances.

Space Around Buildings

84.

  • Generally a minimum distance of 2.4m (10ft.) for single storey, and 3.7m (12ft) for two-storey buildings will be required to be maintained between the side walls of adjacent dwellings or dwelling blocks each having a minimum of 1 metre (from the dwelling to the boundary). This standard may be relaxed where the dwelling incorporates a single storey structure to the side.
  • A rear garden area with a minimum depth of 11 metres (35ft.) will be required, except in the case of infill developments in towns and villages where shorter garden lengths may be permitted. The use of extensive hard areas of landscape works around dwellings will not be permitted.
  • In the event of high quality design being achieved, the Planning Authority will consider higher densities and there standards may be relaxed.

 

Part V of the Planning & Development Act 2000

85. Where required proposals to comply with Part V of the Planning & Development Act 2000 must be submitted with a planning application.

 

Crime Prevention

86. All housing layouts and designs should be focused on designing out and/or eliminating opportunities for crime and applicants are encouraged to have regard to best practice in this area and any advice that may be available from a local crime prevention officer.

 

Unfinished Housing Developments

87. Of particular concern to the Planning Authority are unfinished housing estates (in terms of open space, landscaping, road surfacing, lighting etc.) The Planning Authority will by planning condition impose a security by way of bond, cash deposit or other means so as to secure the satisfactory completion of the estate.

 

Extensions to Dwellings

88. In implementing housing policies in Chapter 6 of the Plan and in Local Area Plans the Planning Authority will seek to implement the following guidelines in respect of residential extensions:

  • The extension should generally be subordinate to the main building;
  • The form and design should integrate with the main building, following window proportions, detailing and finishes, including texture, materials and colour; a pitched roof will be required except on some small single storey extensions; designs should have regard for the amenities of the neighbouring residents, in terms of light and privacy; and dormer windows should be subordinate in design, set back from the eaves line and built to match the existing roof.

Phasing of Residential Developments

89. A phasing programme is required for large housing estates to be agreed with the Planning Authority detailing proposals for completing roads, open space, public lighting etc. in line with house completions.

 

Urban Infill Housing

90. In implementing housing policies in Local Area Plans the Planning Authority will have regard to the need to remove dereliction and obsolescence when considering applications for permission to re-develop restricted infill sites within town and village centres. The Authority will encourage infill development to take place, but will require that the development be in sympathy with the existing character of the area, in terms of height, density, building line, roof pitches, materials used and window types.

 

Annexed Extensions for Dependant Persons

91. In implementing housing policies in Local Area Plans the Planning Authority recognises that certain housing needs can be required for dependent persons. In assessing such applications the Planning Authority will require the following:

  • The size of the extension will be subsidiary in size and scale to the main house.
  • The unit will be functionally and physically integrated into the main house.
  • The development shall be capable of integration into the main house when it ceases to be required for a dependant person.
  • The amenities of adjoining properties will not be impaired.
  • Parking provision will be provided for in accordance with the standards set out in Section 5.16.
  • Site coverage and private open space provision will not be substantially reduced.

92. All permissions for dependant persons will normally stipulate that the premises will be returned to a single dwelling when the flat is no longer required for a dependant person and that it shall not be let, leased or sole other than as part of the main residence.

 

Retail Development

Significant Retail Development

93. The Retail Strategy for County Clare 2003-2011 is the baseline for all applications of significant retail development. What is significant will vary around the Region.

  • Within the Limerick Metropolitan Area which comprises part of the County's area, it is recommended to be 1,000sq.m. (gross)for convenience and 2,000sq.m. (gross) for comparison floor-space.
  • Within the Hinterland Area of the Region, in which the majority of the County is located, it is recommended to be 500sq.m. (gross) of convenience floor-space and 1,000sq.m. (gross) of comparison floor-space.

94. The criteria to be considered in a retail impact assessment of significant applications will include:

  • Testing the proposal against 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 a demonstratable need for development;
  • The relationship of the application to any development plan allocation;
  • Its contribution to town/village improvement;
  • Its contribution to site and/or area regeneration;
  • The quality of access by all modes for 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 goods permitted for sale;
  • The extent to which a proposal impacts on nearby residential properties;
  • Conformity to car parking standards;
  • Traffic circulation, delivery vehicles and access issues;
  • Design and layout issues, including car parking and external materials;
  • In considering proposals for retail warehouse developments, they should avoid repetitive and monotonous layouts and should incorporate external materials and the use of colour to minimise the visual impact of the development ; and
  • Any other Development Plan allocations.

Convenience/Local Shops

95. Local shops or corner shops have an important role to play in satisfying the day to day needs of their immediate area. Local shops within housing estates will generally be permitted only if they are integrated with the estate development at the planning application stage. In assessing an application for a 'convenience shop/local shop', the following will be taken into consideration by the Planning Authority:

  • The design of the shop shall be in keeping with the overall character of the area.
  • Developments likely to have significant adverse affects on residential amenity will be discouraged.
  • It is acknowledged that while most customers will arrive on foot parking will normally have to be provided in accordance with the standards set out below. Where this is not possible a development contribution will be levied. In addition a servicing/ loading/unloading area will normally be provided.

Traditional Shop Fronts

96. Shopfronts are often an integral and harmonious part of the streets. The variety of different shop designs and colour is undoubtedly one of the most attractive features of villages and towns in the County. Traditional shopfronts display the vernacular architecture and are an important expression of local history. The name and signboard of a traditional shopfront may be identified with a particular family style and tradition. The alteration or removal of existing shopfronts requires planning permission.

 

Features of Traditional Shopfronts

97. The traditional shopfront typically takes the form of an entablature resting on pilasters, or more rarely columns.

  • Pilasters: Most shopfronts have vertical piers termed pilasters, framing the edges of the front and occasionally on either side of the door in addition. Pilasters are imitation square columns partly built into, partly projecting from a wall. The pilasters may be stone, plaster or timber and appear to carry the weight of the fascia and the wall above.
  • Columns: An alternative to pilasters is columns, which are circular in shape and are often in marble with capital designed to classical convention.
  • Entablature: This is the upper section of the shop front. The lowest part of the entablature is the architrave. Next is the frieze, which is used as the fascia board and takes the lettering. Over this is the cornice, which protects the lettering from the weather. Cornices and to a lesser extent architraves, may be elaborately detailed to increase their decorative effect.
  • Brackets: Frequently brackets (projecting supports) are found at the heads of the pilasters. Sometimes they stop underneath the frieze, which contains the fascia-board, but often they run through to the cornice acting as ends to the fascia-board. Brackets are of many designs, from scrolls to heaped profusions of foliage, fruit and even animals. Brackets terminating fascia-boards are topped by caps like a mini-roof to stop the penetration of water.
  • Fascia: The name board of the typical shop can vary from the simplest fascia with painted or raised lettering to a highly decorative, carved classical entablature with elaborate consoles at the side and a cornice to throw off the rainwater at the top. Fascia boards are often angled to deflect rain and sunlight. Sign writing is only applied to the fascia and should not be applied higher up the facade.
  • Stallrisers: The use of stallrisers which is the area below the display window, was originally a method of reducing the expanse of glass as well as ensuring that the shopfront formed an integral part of the building. Today it also has a practical benefit of providing protection for the window from feet, dogs and moisture. As a general rule, stallrisers should not be lower than the height of the adjoining pilaster base.
  • Other Design features: Highly decorative vertical mullions (vertical divisions between the panes), dividing the windows, are a common feature of the traditional Irish shopfront.
  • Consoles at either side of the fascia and the cornice are the principal areas for decorative features. The carved consoles on many shopfronts are often their most important and attractive features and the sheer variety of the designs makes a contribution to the architecture of the street. Wrought iron railing or frills were often sited at the top of the cornice or nameboard, as well as a little metal gate in front of the doorway when it was recessed. The hand-painted lettering of the nameboard is a special Irish craft and is one of the most important components of the traditional Irish shopfront. Small handpainted advertisements on walls, old enamelled signs and hanging signs representing trades are features, which add to the decorative quality of buildings. Shopfronts are traditionally painted in strong colours.
  • Colour: The principal glory of the traditional Irish small town streetscape is often the variety of colours of the painted shop/house fronts. The traditional use of strong colour is encouraged and should be continued. The shopfronts were usually painted in deeper and bolder colours than the upper stories and in most cases each shop was given a different colour. There is a tradition for strong and bright colours.
  • Shutters and Security Screens will normally be considered suitable provided they are located inside the shop window and behind the window display. Roll-down security screens will not be permitted within the central areas of settlements. Open-mesh style shutters may be considered provided they are located inside the shop window.

98. Features to avoid in design of shopfronts:

  • Over use of signage
  • Large undivided window displays
  • Internally illuminated signage
  • External security shutters
  • Murals on gable walls

Shop Front Signage

99. Signage on a building shall be confined to fascia and one projecting sign; Signs shall be hand painted and not internally illuminated; Signage shall not interfere with doors or windows and shall not project above eaves level or otherwise obtrude on the skyline; Miscellaneous advertising such as banners, flags and neon moving message signs will not normally be permitted.

 

Street/Placenames

100.

  • It is important that modern placenames reflect the local topography, history, culture or ecology, such as ancient fields, roads and features, of the immediate area.
  • Placenames should be designed so as to be recognised by people with visual impairments.
  • Before commencing a proposed development, the developer must submit proposed names to the local authority and consideration by the Placenames Committee of the County Council for their written agreement.

101. The Placenames Committee will advise on the naming of new developments.


Telecommunications

102.

  • The Planning Authority will normally require that individual cable and wire connections be located underground.
  • Access roads: these shall be permitted only where essential. Where provided they should not scar the landscape on which they are located. Roads should follow the natural contours of the site in order to minimise their visual intrusion, and should be bordered with shrubs after construction.
  • Grid Connections: they shall where possible be required to be underground.
  • Duration of Permission: Where permission is granted, it will be for a temporary period not exceeding 5 years. This will enable the Planning Authority to re-assess the need for the telecommunications mast in a location in the light of technological advance.

Sharing Facilities and Clustering

103. Due to their visual impact, it is desirable to limit the number of telecommunication masts. It is also necessary, however, to provide adequate coverage throughout the county. The Planning Authority will seek to utilise existing masts through a policy of sharing and will encourage the use of existing towers and similar tall structures in appropriate instances.

 

Obsolete Structures

104. When antennae and their support structures are no longer being used and no new use has been identified, they should be removed and the site re-instated at the operator's expense.

 

Design Guidelines

105. Due to the physical size of mast structures and the materials used to construct them, they can severely impact on both rural and urban landscapes. When dealing with applications, great care will have to be taken to minimise damage through discreet siting and good design.

106. The design of the mast structures should be simple and well finished. They should employ the latest technology in order to minimise their size and visual impact. Mast structures are most visible and exposed within upland /hilly, or mountainous areas. In these locations softening of the visual impact can be achieved through planting of shrubs, trees etc. as a screen or backdrop. Disguised masts e.g. as trees, will be encouraged in appropriate locations.

107. Relevant guidance is provided in the Department of the Environment, Heritage and Local Government "Guidelines for Telecommunications, Antennae and Support Structures" (www.environ.ie) or any updated version.

 


Transportation

Road Safety Audits

108. A road safety audit must be submitted as part of any planning application where the proposed development incorporates a new access to a National Road or where it may give rise to an increase in traffic to a National Road. A Traffic Impact Assessment should be submitted where a development exceeds 10 units or for major industrial developments. The Assessment should be undertaken by a competent consultant and should take cumulative impacts into account.

109. Guidance is given in DoEHLG/DoT/DTO Traffic Management Guidelines. Further information is contained in National Roads Authority publications HD 19/01 and HA 42/01 (www.nra.ie). A list of firms that have prepared Road Safety Audits can be obtained from the Regional Road Safety Engineer, Mid-West National Road Design office, Mungret College, Limerick

 

Entrance Sight Distances

110. In order to ensure that adequate visibility exists for drivers entering and leaving the site of a dwelling, it is necessary to create an envelope of visibility on either site of the centre line of the access. This is calculated by defining a setback along the centre line, known as the X distance, from a point on the edge of the hard surfaced roadway for a distance of 2.4m or in the case of very lightly traffic roads, a relaxation to 2.0m may be permitted.

111. The Y distance is measured from a point on the near edge of the hard surfaced roadway to its intersection with the centre line of the access. A line can then be drawn between the outer point of the Y distance to the setback on the X distance, thus producing a triangular envelope of visibility on either site of the access.

The Y distance is determined as follows:

Design Speed of 120 100 85 70 60 50

major Road (kph)

"Y" distance (metres) 295 215 160 120 90 70

 

112. It may be necessary to obtain the consent of adjoining landowners in order to achieve sight distances. Further information can be obtained from the National Roads Authority Road Geometry Handbook.

 

Road Layout, Cycle Routes and Footpaths

113. Road widths, speed management and traffic calming will generally be required to comply with the current edition "Traffic Management Guidelines" published by the Department of the Environment, Heritage and Local Government, Dublin Transportation Office and the Department of Transport unless specified otherwise in these development control guidelines. The design of accesses to developments will be required to comply with NRA TD 41/95 contained within the NRA Design Manual for Roads and Bridges.

114. Road construction and other services will generally be required to comply with the current edition of the "Recommendations for Site Development Works in Housing Areas" of the Department of the Environment & Local Government November 1998 and any subsequent amendments.

115. The Planning Authority encourages developments that are not dictated by roads and carparking consideration. The design and layout of roads should be integrated into the development in a sensitive manner such that the car is seen as secondary or as a "visitor".

116. The Traffic Management Guidelines provide for a roads hierarchy of;

  • Primary Distributor Roads
  • District Distributor Roads
  • Local Collector Roads
  • Access Roads

117. It is considered that the predominant role of Primary Distributor Roads is to serve long distance traffic. Relief road proposals in urban areas may come into this category.

118. A District Distributor Road provides links between local districts and will be required for the main road through all Residential Development Areas. They should be designed so as to slow traffic and long straight sections should be avoided. No direct access by any dwelling or commercial unit is permitted. They shall be 6.5 metres wide and 2 x 1metre grass verges and 2 x 1.5metre footpaths and 2 x 1.5metre cycle paths.

119. For developments of more than 80 dwellings or for developments which form part of a larger development/land-bank which will contain more than 80 dwellings the Planning Authority will normally require the provision of a Local Distributor Road with no direct dwelling access, such that no road with direct dwelling access serves more than 80 dwellings. Local Distributor Roads should be designed so as to slow traffic and long straight sections should be avoided. They shall be 6.0 metres wide with 2x1metre grass verges and 2x1.5metre footpaths. A cycle path may also be required in developments in excess of 80 units or where a cycle network is proposed.

120. In the case of housing developments or roads within a development serving less than 80 units an Access Road of 5.5 metres is required with 1.5 metre wide footpaths. This may be relaxed to 5 metres where a small number of dwellings are being served or the aim is to create a street. A cycle path may also be required in developments where a cycle network is being development in the area. A one metre grass verge may also be appropriate and present an opportunity to provide a landscape scheme to create a setting for the development.

121. Cycle paths should be 2 metres in width with adequate public lighting and designed in such a manner to prevent their use by motorised vehicles. Further information and advice is contained in the Dublin Transportation Officepublication "Provision of Cycle Facilities" (http://www.dto.ie).

122. In all roads to which no direct access is permitted, great care is required to ensure that the road does not become the dominant feature or unwelcome or unsafe to pedestrians. To this end all such roads should be fronted by open space and/or dwelling/commercial units accessed off suitable slip roads. Pedestrian crossings may be required.

123. Footpaths within estates should generally be 1.5 metres in width and must be integrated into the footpath network of the surrounding area. In some instances shared surfaces may be acceptable where it is clear that pedestrian priority is paramount. Disabled footpaths will be required to be dished at all road junctions.

124. Residential turning bays shall be provided in accordance with the current edition of the "Recommendations for Site Development Works in Housing Areas" of the Department of the Environment and Local Government November 1998 and any subsequent amendments. Where turning bays are provided they cannot be counted as parking spaces. The Planning Authority will only consider direct dwelling access onto turning bays where it can be demonstrated that it will not interfere with traffic movements particularly that of emergency and service vehicles.

 

Vehicle Parking

125. The provision of parking both operational and non-operational is necessary to improve amenity by reducing local congestion and to ensure road safety by enabling vehicles and pedestrians to circulate freely. Adherence to the parking standards set out below is necessary to ensure that appropriate consideration is given to the accommodation of vehicles associated with a development proposal.

  • On-site or grouped car-parking will be required to be provided in accordance with the standards set out in Appendix 1 of the Plan.
  • Visitor/overflow parking must also be carefully considered particularly in developments likely to have high proportion of lettings
  • Parking will be required to be provided in a manner, which will discourage on-carriageway parking.
  • Where car parking is to be provided, it should be done so in accordance with the standards set out in Appendix 1 of the Development Plan. When assessing the number of spaces to be provided, regard will also be had to hours of operation of the development, potential for dual use of spaces, availability of other available parking facilities in the vicinity and the implications of on-street parking.
  • The needs of persons with disabilities must also be taken into consideration in the provision of spaces. Designated parking areas at a ratio of 1 space to 25 spaces minimum for the first 100 spaces and 1 space to 50 spaces above that should be reserved and clearly marked for persons with disabilities.
  • Parking shall be integrated into the overall design of the development and shall be located and provided with landscape works to a high standard so as to cause least visual intrusion.
  • Facilities for coach and secure cycle parking shall also be provided where necessary.
  • Where the construction of a new school or an extension to an existing school is proposed, the Planning Authority will require the provision of a lay-by or off-site parking in relation to buses and for parents dropping off and picking up schoolchildren. Provision shall be made within the site for staff parking as per Appendix 1 of the Development Plan
  • Having regard to the reduction in road widths from previous standards, parking will be required to be provided in a manner which will prevent substantial on-carriageway parking and will not interfere with footpaths, turning areas and public and private open spaces. Raised kerbs may be required in some cases to assist in preventing this.
  • Parking should be integrated into the overall design of the development and shall be located and landscape works carried out to a high standard so as to cause the least visual intrusion. A detailed schedule of proposed car parking (for each unit) should be submitted with the planning application.