Development Control is a statutory process and Kilkenny County Council
is required to control development by ensuring that permissions granted
are consistent with the policies and objectives of the Development Plan
for the County. This will ensure a high standard of design, layout and
function for all development for which planning permission is necessary.
Development Control will be exercised in a positive manner to conserve
what is good in the existing built and natural environment to ensure that
development will be based on the principles of sustainability.
Permission for a development proposal should not be interpreted as an
entitlement to build indiscriminately as there are building regulations
that must be adhered to.
Contravention of planning law undermines the implementation of the Kilkenny
Borough Council’s policies and is unfair on those who have abided
by planning controls. In cases where development (including a material
change of use) has commenced or is being carried out without planning
permission it shall if Kilkenny Borough Council / Kilkenny County Council
deems is expedient to do so, be the subject of legal proceedings. The
latter may require removal, modification, completion or termination of
the development if necessary.
Developers are advised to consult with the Planning Authority and refer
to the Development Plan prior to the preparation of detailed plans.
10.2 LAND
USE ZONING OBJECTIVES |
The purpose of zoning is to indicate to property owners and the general
public the types of development which the Planning Authority considers
most appropriate in each land use category. Zoning is designed to reduce
conflicting uses within areas, to protect resources and, in association
with phasing, to ensure that land suitable for development is used to
the best advantage of the community as a whole.
Permitted in principle means a use, which is acceptable in the relevant
zone. However, it is still the subject of the normal planning process.
Open for consideration is a use which may be permitted where the Planning
Authority is satisfied that the suggested form of development will be
compatible with the policies and objectives for the zone, and will not
conflict with the permitted uses and also conforms with the proper planning
and development of the area.
Objective: To conserve and protect agricultural land from interference
from non-agricultural uses. To prevent premature development of agricultural
land adjacent to development areas.
Permitted Uses: Agriculture, horticulture, public service installations.
Open for Consideration: Public Open Space, guesthouse, restaurant, Nursing
home, dwelling houses in certain limited cases as outlined in section
10.30, halting site, private open space, other uses not contrary to the
proper planning and development of the area.
N.B.: Where an area of land (without any other existing or authorised
use) is not within an identifiable town or village settlement the use
of such land will be deemed to be primarily agricultural.
Objective: To protect, provide and improve residential amenities.
Permitted Uses: Dwellings, open spaces, places of worship, community facilities,
lock up garages, halting sites, public service installations, playgroups
or crèche, nursing homes.
Open for Consideration:
Bed and breakfast establishments and guesthouses, lock up garages.
Retail shop of local convenience not more than 100m sq in gross area,
public house, hotel, restaurant.
Use by owner or occupier of part of a private residence as a studio, for
a light industrial activity, a clinic or surgery, professional office,
or as a playgroup or creche.
Not permitted Uses: Fast food /Takeaway Outlets
Objective: To provide for general development.
Permissible Uses:
Dwellings, retailing, retail warehousing, wholesale outlets, offices,
public buildings or places of assembly, cultural or educational buildings,
recreational buildings, halting sites, hotels, motels, guest houses, clubs,
private garages, open spaces, public service installations, medical and
related consultants, restaurants, public houses, car parks, halls or discotheques,
and other uses as permitted and open for consideration in residential
zoning.
Open for Consideration: open space, workshop or light industry.
Not permitted Uses: Fast food /Takeaway Outlets
10.2.4 Neighbourhood
Centres |
Objective: To provide for local shopping and social needs.
Permitted Uses: Supermarket (for local neighbourhood need only), newsagents,
car park, office above street level, place of worship, library, public
building or place of assembly, cultural or recreational facility, leisure
centre, medical consultancy, Playgroup or crèche, restaurant, public
house, hotel/ motel, guest house, coffee shop, travel agents.
Open for Consideration: open space, workshop or light industry above
street level.
Not permitted Uses: Fast food /Takeaway Outlets
10.2.5 Recreation,
Amenity and Open Space |
Objective: To preserve, provide and improve recreational open space.
Permitted Uses: Open space, sports clubs, recreational buildings, stands,
pavilions, agricultural uses, halting site, and public service installations.
10.2.6 Community
Facilities |
Objective: To protect, provide and improve community facilities.
Permitted Uses: Educational, religious and cultural facilities, public
buildings, schools, churches, hospitals, convents, community centres and
halls, school playing fields, colleges, orphanages, hostels, halting sites,
cemeteries, libraries, public service installations and nursing homes.
10.2.7
Industrial/ Warehousing |
Objective: To provide for industrial and related uses.
Permitted Uses: Industrial premises and ancillary offices, open spaces,
warehouses, car and heavy vehicle parks.
Open for Consideration: Petrol filling stations, service stations, car
showrooms, advertisement structures, wholesale premises, public service
installations, play school/crèche.
10.2.8
Industrial/ Business Technology Park |
Objective: To provide for industry and information technology related
industrial and office development, and ancillary services. The purpose
is to encourage mainly services type employment, on a campus type environment.
Permitted Uses: Industrial premises and offices, open spaces, warehouses.
Open for consideration: Car parks, crèches, recreational buildings,
public service installations and conference facilities
10.2.9 Industrial/Business
park |
Objective: To provide for car park, park and ride facility, childcare
facility, community facility, enterprise centre, funeral home, light industry,
medical and related consultants, offices, public service installations,
restaurant, hotel, warehousing, including retail warehousing.*
Not Permitted: retailing other than retail warehousing
*Retail warehousing is defined as large single level stores specialising
in the sale of bulky household goods or goods sold in bulk.
Bulky Goods to be defined as:
Goods generally sold from retail warehouses where DIY goods or goods,
such as flatpack furniture are of such a size that they would normally
be taken away by car and not manageable by customers travelling by foot,
cycle or bus or that large floor areas would be required to display them
e.g. furniture in room sets, or not large individually but part of a collective
purchase which would be bulky e.g. wallpaper paint. In the interests of
clarity this definition excludes such items as non durable household goods
alcoholic and non alcoholic beverages tobacco, food, small personal and
household items.
Where permission is granted for retail warehousing conditions will be
attached restricting the sale of goods to bulky goods as defined in the
plan and restricting the size of individual units.
The County Council or Kilkenny Borough Council will take enforcement
action against developers to ensure compliance with these conditions.
10.2.10
Agricultural Trade |
Objective: To provide for and improve agricultural trade, related uses
and ancillary activities and services.
Permitted Uses: Livestock market, and related uses and agricultural trade.
Open for Consideration: Farm /agricultural business , Farm advisory business
, Veterinary suppliers, Veterinary practitioners.
Not Permitted: Retailing including retail warehousing, sale of convenience
and comparison goods and non agri-office /commercial development.
10.3
NON-CONFORMING USES: |
Throughout the City and Environs there are uses, which do not conform
to the zoning objective for the area. These are principally uses, which
were already in existence on the 1st of October 1964. Extensions to and
improvement of premises accommodating these uses may be permitted where
the proposed development would not seriously injure the amenities of the
area or prejudice the proper planning and development of the area. In
some cases, the Planning Authority may encourage relocation of permitted
incompatible uses, for example by exchange of sites.
While the zoning objectives indicate the different uses permitted in
each zone, it is important to avoid abrupt transitions in scale and use
at the boundary of adjoining land use zones. In these areas, it is necessary
that developments are designed in a manner which would not be detrimental
to the amenities of the more environmentally sensitive zone. For instance,
in zones abutting residential areas particular attention must be paid
to the uses, scale, density and appearance of development proposals and
to landscaping and screening proposals in order to protect the amenities
of these residential areas.
In the Environs of Kilkenny City, due to the existence of large undeveloped
areas of land within the Development Boundary, the Planning Authority
will continue to control the phasing of development as necessary.
10.6 RESIDENTIAL
ESTATES DEVELOPMENT STANDARDS |
It is the policy of the Planning Authority to encourage the well-planned
and economic provision of housing on serviced lands. Developers are advised
to consult with Kilkenny County Council in advance of purchasing lands
for residential development, and to discuss their outline application
with the Planning Authority at the earliest stage. The following standards
for residential development will be applied by the Planning Authority:
A high standard of architectural design and layout will be required.
The Planning Authority will seek to ensure that new developments have
individuality and a sense of place, which is generated by the interaction
between the physical characteristics and features of the site and its
surroundings and the layout, landscaping and design of the new housing.
It is the policy of the Planning Authority that this high standard should
not be diluted in newly constructed developments and those designs and
layouts will be welcome which pay regard to the qualities and appearance
of the existing area.
In determining suitable density, the character and amenities of the site
and of the surrounding area will be considered along with the need for
a variety of site sizes and house designs to encourage social mix and
choice. In infill sites or in areas adjacent to existing compact town
centres, higher densities will be permitted subject to exceptional quality
of design and finishes, proper provision for active and passive recreation
and good living conditions, including privacy and adequate natural light,
within each accommodation unit.
Regard should be had to ‘Residential Density – Guidelines
for Planning Authorities’, Department of the Environment and Local
Government, September 1999.
In general there will be no set maximum or minimum densities . However
in certain areas of the City and Environs for reasons of servicing and
in order to provide for a need identified in previous plans for houses
on larger sites, maximum densities have been used. These areas have a
range of density of between two and five to the acre depending on the
availability of services.
In preparing applications for housing developments, designers and developers
alike are advised to consult relevant publications for guidance such as
‘Guidelines for Planning Authorities’, Department of the Environment
and Local Government, September, 1999, Essex Design guidelines for Residential
and Mixed use areas by Essex County Council and Essex Planning Officers
Association 1997.
The provision of services and road layout of the development must have
regard to ‘Recommendations for Site Development Works for Housing
Areas’, Department of the Environment and Local Government.
The Planning Authority will require a high level of residential amenity
conducive to a good quality living environment in new residential developments.
All new residential development should take full account of the characteristics
of the natural and built environment of the site, the views and vistas
to and from the site, and its surrounding areas.
Large residential areas shall be broken into small functional and visual
groups of 20 or less houses, i.e. short cul-de-sacs, which fulfil a social
and aesthetic need for identity. These shall be designed to create safety
for young children, facilitate social interaction and introduce a variety
into the visual environment whilst avoiding a monotonous repetitive type
development. Each group of houses should have its own visual identity,
variation being achieved by layout, including building lines, house design,
colour and hard and soft landscaping.
Long straight roads will not be permitted in residential estate developments.
Estate roads should incorporate gentle curves and physical traffic calming
measures within the estate should be included at the planning application
stage.
Provision should be made where appropriate for cycle and pedestrian movement
both within the estate and also close to nearby amenities. An informal
layout, which gives priority to the pedestrian, will be encouraged. This
can be achieved in smaller developments through shared surfaces for pedestrians
and vehicles. Well-lit pedestrian links, separate from the main carriageways
should be provided within the estate. These links should be overlooked
as far as possible by dwellings and right angled bends avoided for security.
A detailed landscaping plan must be prepared as an integral part of the
overall development of the estate and submitted as part of the planning
application for the development. Planting should be used for screening
purposes and as an essential element of visual amenity. Planting schemes
should include characteristic varieties such as chestnut, oak, lime and
beech trees.
Layouts should encourage bio-diversity by preserving and providing cover
for species and where appropriate avoiding the culverting of watercourses
and providing new water areas.
Planting should normally use native trees and shrub species and native
stock; tree species with berries are important for wintering birds; trees
which support a high biomass of insects in summer are important for breeding
birds; the setting aside of maintenance free areas and the avoidance or
limitation of the use of herbicides and pesticides are all practices which
will encourage bio-diversity.
A variety of house types in developments of over 10 houses will be encouraged
with variations in house size, colour, materials, and designs.
Large picture windows should be avoided. When larger windows are desired,
they will be received more favourably if sub-divided by vertical mullions.
Natural features or landmarks such as mature trees or vistas should help
to determine the layout and orientation of the housing. The creation of
‘land marks’ within the estate, whether through retention
of existing features or by the introduction of new features will be encouraged.
The Planning Authority will require a pitch of between 30 and 45 degrees
on domestic dwelling houses. Roof slates/tiles of black, blue/black or
grey will be favoured. Dormer windows and flush fitting roof lights will
be considered where appropriate.
10.6.4. Public
Open Space |
Public open space is one of the key elements in defining the quality
of the residential environment. It provides passive as well as active
amenity and has important ecological and environmental aspects. In calculating
the area of the open space, the area of roads, grass margins, roundabouts,
footpaths and visibility splays shall not be taken into account.
The Planning authority will normally expect all public open space provision
to take account of the following general principles:
- Public open space should be provided in a comprehensive and linked
way and designed as an integral part of the development, rather than as
an afterthought.
- Wherever possible the majority of open space should be multi-functional.
Areas providing for informal amenity and children’s play can often
successfully be combined.
- Public open space should be well designed from a visual perspective
as well as functionally accessible to the maximum number of dwellings
within the residential area.
- Attractive natural features should be protected and incorporated into
open space areas.
- Public open space areas should be provided with a maximum amount of
surveillance from dwellings within the estate.
- Open space should be suitably proportioned and narrow tracts, which
are difficult to manage, should not be acceptable.
- The use of hard landscaping elements such as paving or cobbled areas
should play an increasingly important role in the design and presentation
of open space concepts.
- The provision of open space to serve new residential developments should
be on a hierarchical basis varying in size from large regional parks to
small children’s play area and passive recreation spaces close to
peoples’ homes.
Kilkenny Borough Council and Kilkenny County Council will require the
provision of open space to the following minimum standard:
2.4 hectares per 1,000 population or 1 hectare per 150 dwellings whichever
is greater.
A lesser standard of provision may be acceptable in urban development
or redevelopment schemes where open space is already available with relatively
high densities such as flats townhouses or apartments, but should generally
still amount to at least 10% of the total site area.
Open space provision for smaller residential developments and schemes
catering for special groups such as accommodation for the elderly or single
persons will be considered on merit
Developers may also be required to provide an equipped children’s
playground in association with open space provision where a development
scheme would be greater than 800 meters from an existing easily accessible
equipped children’s playground.
Developers will be required to make suitable provision for the future
management and maintenance of open space required under this policy.
10.6.5
Private Open Space |
An adequate amount of private open space should be provided within the
curtilage of each dwelling. In general the requirement will be 60 to 75
sq.m minimum for 3/4/5 bedroomed houses in order to ensure that most household
activities are accommodated and at the same time offers visual delight,
receive some sunshine and encourage plant growth.
The boundaries of rear gardens should generally be provided with a permanent
durable barrier with a minimum height of 1.4 metres. Where rear gardens
back onto public areas, excluding a public roadway, this height should
be increased to 1.8 metres.
It should be noted that in the case of apartments and duplex apartments
private open space will be provided in the form of landscaped areas, courtyards,
terraces/patios and balconies. Roof gardens will also be considered provided
they are easily accessible, secure and attractively landscaped. The following
open space requirements apply:
Table 10.6.5: Open Space Requirements for Apartments
Type of Apartment |
Requirement of open space |
3/4/5 bedroom houses |
60-75sq.m |
1/2 bedroom houses |
48sq.m |
1 bedroom apartment |
10sq.m |
2/3 bedroom apartment |
15-20sq.m |
|
|
10.6.6 Road
and Estate Names |
The naming of residential developments shall be approved by the Planning
Authority. The names of residential developments shall reflect local and
Irish place names for the locality as far as possible.
10.7
APARTMENTS/DUPLEX STYLE AND SUBDIVISION OF EXISTING RESIDENTIAL UNITS |
Apartments are generally allowed in Residential Areas. The amenities
of existing residential areas should be preserved and improved. The subdivision
of existing residential units should be discouraged in predominantly single
unit residential areas.
Applications for permission to subdivide or change the use of part of
the premises in this regard shall be considered in certain limited cases
in line with the following guidelines:-
- The design of developments shall be such that it compliments the existing
layout or streetscape and shall not interfere with the residential and
other amenities of the area;
- The owner /long term occupier of such premises must continue to reside
in the main residence.
In general apartments will be required to have the following minimum
floor areas:
Table 10.7: Minimum Floor Areas for Apartments
Apartment Type |
Minimum Floor Area |
One Bed |
46 sq.m |
Two Bed |
65 sq.m |
Three Bed |
93 sq.m |
|
|
All rooms should be of a minimum shape and proportion and have adequate
space for normal living purpose. The shape and layout of rooms should
maximise the amenity of residents.
All living room, kitchens and bedrooms should minimise overlooking of
adjoining/adjacent residences and should be so located so to avoid facing
towards nearby high boundary or gable walls.
10.8 ACCESS
FOR PEOPLE WITH DISABILITIES |
Access requirements for physically disabled persons shall be incorporated
into the design of buildings and layouts of developments likely to be
used by the general public and will be a material consideration of the
Planning Authority in assessing applications.
Developers must have regard to the criteria set out in the following
in the preparation of development proposals:
- Access for the disabled – minimum design criteria, published
by the National Rehabilitation Board
- Part M of the Building Regulations 2000
- Buildings for Everyone – Access and uses for all the citizens,
by the National Rehabilitation Board, 1998.
The needs of people with disabilities must be taken into account in the
design and construction of footpaths and parking areas. All footpaths
in private commercial and housing developments and public housing developments
shall be dished at junctions. All parking areas must make provision for
spaces for disabled drivers and such spaces should be located in the most
convenient locations for ease of use.
Tactile indicators are becoming increasingly more common. Tactile paving
surfaces are used to convey important information to visually impaired
pedestrians about their environment. Developers will be required to make
provision for the visually impaired in all developments through the introduction
of tactile surfaces.
10.9 BUILDING
HEIGHT CONTROL |
The following considerations will be taken into account in deciding an
application for high buildings and other high structures:
- Impact on surrounding structures (e.g. overshadowing and overlooking),
spaces or vistas, or on landscape, skyline, streetscapes and landmarks.
- Whether the purpose or civic importance of the building would justify
its prominence.
Where in the opinion of the Planning Authority, a location for a high
building is acceptable a high standard of design and finish will be required.
Proper provision must be made for safe pedestrian access allowing for
probable pedestrian numbers.
Applications for development will be dealt with on the merits in relation
to established building lines or proposed improvement lines. In built
up areas, development, which would infringe on an existing building line
and would be prejudicial to residential amenity, or orderly development
will not be allowed.
10.11 PARKING
AND LOADING |
All new development will normally be required by the Planning Authority
to provide adequate off-street car parking facilities. Such facilities
shall cater for the immediate and anticipated future demands of the development,
and shall be located within the site or in close proximity to such development.
Car parking facilities shall generally be provided behind established
building lines in each development and shall be screened.
The dimension of car parking bays shall be 4.8m by 2.4m.
Where parking space is proposed in front of existing premises, existing
railings or boundary walls shall be retained. Car parking areas shall
be constructed having regard to drainage, surfacing and ancillary matters.
They should be provided with proper public lighting facilities and shall
be clearly demarcated.
All car-parking areas should be properly landscaped by the provision
of trees, shrubs and grassed areas in order to ensure that damage to the
visual amenities is avoided. Parking bays shall be adequately delineated.
In built up areas within the environs of Kilkenny City where the developer
is unable to comply with the car parking standards for the development
set out in the table below, a financial contribution in lieu of car parking
provision will be levied. This will be related to the cost of providing
such facilities.
Underground car parking facilities maybe an alternative solution to the
provision of car parking for inner city developments, subject to archaeological
investigations.
In all developments of an industrial or commercial nature, developers
will be required to provide loading or unloading facilities sufficient
to meet the demand of such development. Off street loading facilities
shall conform to the following requirements:
- Each required space shall not be less than 3.75m
in width, 6.0m in length and 4.25m in height, exclusive of drives
and manoeuvring space and located entirely on the site being served.
- There shall be appropriate means of access to a street or road as
well as adequate manoeuvring space.
- The maximum width of the driveway opening onto the street boundary
will be 6m and the minimum width shall be 3.75m. |
The Planning Authority may modify the requirements of loading and unloading
facilities in any particular case where it considers it would be in the
interests of proper planning and sustainable development of the area to
do so.
Parking and service spaces must be located on site so as to prevent street
obstruction and should be located where possible to the rear and side
of the buildings and in such a manner to ensure minimal impact on the
amenity of adjoining properties.
TABLE 10.11: CAR PARKING STANDARDS FOR VARIOUS LAND USES
Land Use |
Parking Spaces per Unit |
Dwelling House
(Residential areas) |
2 car per dwelling unit 2 car parking space per unit in suburban
areas
1 space per unit in city centre
0.25 per dwelling for visitor parking |
Flat or Bedsitter |
1.25 spaces per unit |
Schools |
1 space for every classroom plus 4 additional spaces |
Churches, theatres, public halls |
1 car space per 10 seats |
Hotels, hostels and guesthouses |
1 car space per bedroom |
Public houses, inc hotel bar |
1 car space for every 20m2 of bar and
lounge floor area in the City Centre and 1 car space per 5 sq.m of
bar and lounge floor area in all other locations. |
Hotel function rooms |
1 space per 10 sq metres |
Shopping centres, supermarkets, Department stores |
5 car spaces for every 93 m2 of gross floor area. |
Shops |
1 car space per 30 sq. metres in City Centre
1 space per 10 square metres outside, |
Restaurants, cafes |
1 car space per 20 m2 gross floor area |
Banks and offices |
1 car space per 15m2 of gross floor area |
Industry |
1 car space for every 60m2 of gross industrial
floor area |
Warehousing
Retail Warehousing |
1 car space for every 100m2 of gross floor area
1 car space for every 35sq.metres of net retail floor space. |
Golf or Pitch and Putt courses |
4 car spaces per hole. |
Sports grounds and sports clubs |
1 car space for every 15m2 of floor area and 6 spaces for each pitch |
Golf driving ranges, Shooting ranges |
1 space per 2m of base line/ per trap |
Clinics and Medical Practices |
2 car spaces per consulting room |
Hospital / Nursing Homes |
1.50 spaces per bed |
|
|
In the case of any use not specified above, the Planning Authority will
determine the parking requirements, having regard to the traffic levels
likely to be generated as a result of the development.
Where a number of uses are contained within one development, the various
uses shall be separated and the overall parking requirements for the development
shall be assessed relative to each separate use in order to compute the
overall parking requirement for the development (e.g. in a hotel the function
rooms, bars etc. shall be assessed as separate from the bedroom provision).
In addition to the above requirements, developers will be required to
provide and maintain loading and circulation facilities sufficient to
meet the likely demand of each development.
10.12 SIGHTLINES
AND VISIBILITY REQUIREMENTS |
All developments providing for access on to the public roads must show
that the access proposed would not create a traffic hazard nor interfere
with the free flow of traffic along such roads. The availability of adequate
sight distance along the road from the access point is the most crucial
requirement for road safety.
Clear and unobstructed sightlines shall be provided, in each direction,
from a point 2 metres back from the edge of the nearside metalled surface
of the roadway at the centre of the entrance to a point
- in the centre of the roadway for a roadway less than 4 metres
- 2 metres from the edge of the metalled surface where the roadway is
greater than 4 metres
Should it be necessary to acquire additional land outside of the submitted
site area, a letter of agreement in this regard would be required from
the relevant landowner. The appropriate eye and object heights of 1.05m
and 0.15m respectively shall be used.
The purpose of the plot ratio is to prevent adverse effects of both over
development and under development on the amenity and the layout of buildings,
to achieve desirable massing and height of buildings, to balance the capacity
of the site and street frontages. It is recommended that maximum plot
ratio of 2.0 be set for the city centre and 1.0 for all other areas. The
Planning Authority will permit higher plot ratios only in cases where
exceptional standards of design are achieved.
Plot ratio= Gross Floor Area divided by Gross Site Area |
The purpose of site coverage control is to prevent over development,
to avoid overshadowing and to protect rights to light of adjoining properties.
The maximum normal site coverage for uses in all areas is 65%. In the
city centre, site coverage may be allowed to increase up to 85% or up
to the existing site coverage. In some cases, a higher percentage may
be allowed, subject to the proper planning and sustainable development
of the site.
Site Coverage= Ground Floor Area divided by Gross Site Area |
10.15 STANDARDS
OF CONSTRUCTION |
Standards for site development works and, in particular, footpaths, sewers,
drains and water supply shall be in accordance with the Building Regulations
(1992) and the ‘Recommendations for site Development Works for Housing
Areas (1998)’, published by the Department of the Environment and
Local Government. In addition the following are the requirements of the
Planning Authority:
- Road carriageway construction shall be of flexible type with bituminous
surface or other approved paving.
- All footpaths adjacent to the carriageway shall have precast kerbs 250mm
x 125mm in size. Pavement kerbs shall be ramped at pedestrian crossing
points to facilitate ease of access.
- Grids on gullys shall be of lockable type and shall be set at right
angles to the roadway.
- Nameplates to streets and estates to a standard satisfactory to the
Planning Authority shall be provided and erected. The proposed name of
the housing estate should be lodged with the planning application. All
nameplates shall be bi-lingual, preferably making use of established local
places names.
- Street furniture should be carefully located so as not to obstruct footpath
users with prams or wheelchairs.
- Traffic signs shall be provided as required by the Planning Authority.
- All sewers to be taken in charge by the Planning Authority shall have
a minimum diameter of 225mm .
The Planning Authority will normally require that all wires and cables
for the provision of public utility services shall be ducted underground
to preserve the amenity and visual character of an area, and in the interests
of public safety.
The Planning Authority will seek to ensure that new development does
not cause an unacceptable increase in the noise and pollution levels affecting
surrounding properties.
Infill development will be required to maintain established building
and rooflines and proportions. Infill within existing terraces will also
be required to take cognisance of roof pitch, fascia level, parapet, eaves
and cornice lines, the line of window heads and string courses. As a general
principal the numbers of facing materials used on a building should be
kept to a minimum.
10.17 PETROL
AND GAS FILLING STATIONS |
A petrol station may include the following: petrol pumps, diesel pump,
gas dispenser, storage tanks, hose pipes and other vehicle services, i.e.
car washing, oil, water and air. It may also include the sale of goods
related to motor trade, a cash kiosk, and a canopy over the pumps and
provision of minor repairs, oil and tyre changes.
Ancillary retail uses may be permitted such as small convenience type
shops with a floor area not exceeding 100 sq metres of sales space. However,
planning applications for the provision of such shops shall be applied
for specifically. The layout of the station forecourt should be arranged
to allow dedicated parking for those shopping at the shop.
The most suitable location for petrol filling stations and associated
commercial developments is on the outskirts of the city and within urban
speed limits. They will not be permitted at locations where because of
their appearance, noise, fumes they would be injurious to the amenities
of any one, nor will they be permitted in areas where there are traffic
hazards or where hazards might be likely to arise.
Where the sale of liquefied petroleum gas is proposed, the site must be
of sufficient size for the requirements of the Fire Authority to be met,
regard being also had to the land use on adjoining sites.
Technical guidelines will be made available to the developer by the Planning
Authority on request.
In order to conserve the distinctive character of Kilkenny City, it is
the policy of the Planning Authority to encourage the maintenance of original
shop fronts, or the reinstatement of traditional shop fronts where poor
replacements have been installed. In new buildings the proposed shop front
should have regard to the existing shop fronts on the street and should
complement both the building and the street. In existing buildings the
original fascia line should be maintained and not excessively enlarged
or lowered. The removal of street doors giving separate access to upper
floors will not be permitted unless alternative separate access is provided.
10.18.1
Security Shutters |
The installation of security shutters can visually destroy and deaden
the shopping street at night and thereby detract from the environment
of the City. The erection of a security shutter and its associated screening
requires planning permission. The Planning Authority will discourage the
use of such shutters.
Where security shutters are considered to be essential because of the
type of business transacted or goods stored the Planning Authority may
permit them provided that they meet the following criteria:
a) They must be the open grille type (not perforated or solid)
b) They must be painted or coloured to match the shop front colour scheme
c) Where possible they must be located, together with their associated
housing behind the window display
The location of rollers on the exterior of the shop front will not be
permitted.
Alternatives to roller shutters such as the use of demountable open grilles
will be preferred where security needs are involved.
10.18.2 Canopies
and Blinds |
Blinds were traditionally incorporated into the shop front fascia and
designed to retract into it when not required. This is still the best
way to handle a blind where one is required. The curved or Dutch canopy
is unsympathetic to the traditional streetscape. They also obscure the
shop front detail neighbouring advertising and they deteriorate with age.
These will not be permitted.
Internally illuminated fascias or projecting box signs will not be permitted.
Concealed strip or flood lighting of facias and traditional hand painted
hanging signs lit by spotlight may be an acceptable alternative.
10.19 ADVERTISING
AND SIGNPOSTING |
All advertisements and advertisement structures other than those exempted
under Part II, Second Schedule of the Local Government (Planning and Development)
Regulations, 2001, shall be the subject of a formal planning application.
Advertising signs, separately, or more particularly in groups, can often
cause injury to amenities, and can detract from the appearance of an area
or a building; this is especially so when they are out of scale and character
with their surroundings. They can also be a major distraction to road
users and frequently result in traffic hazard. It is the policy of the
Planning Authority to strictly control all advertising signs in relation
to their location, design, materials and function. It is the policy of
the Planning Authority to ensure that all sign posting of tourist facilities,
routes and accommodation shall be in accordance with the Traffic Signs
Manual, produced by the Department of the Environment in 1996.
Advertising in the City and Environs shall be controlled as follows:
• Signs will not be permitted where they interfere with the safety
of pedestrians, the safety and free flow of traffic or if they obscure
road signs
• Signs shall be sympathetic in design and colouring, both to the
building on which it will be displayed and its surroundings.
• Signs shall not obscure architectural features or details.
• Signs will not be permitted above eaves or parapet levels.
• Traditional painted sign writing or solid block individual lettering
will be encouraged as will traditional or wrought iron hanging signs.
The use of neon, plastic, PVC, Perspex flashing, reflectorised or glitter
type signs on the exterior of buildings or where they are located internally
but visible from the outside will be prohibited.
• Projecting signs, banners and flagpoles will be restricted in
size and number to prevent clutter.
• Temporary hoardings may be approved where they can be used for
the screening of building sites or land, which is unsightly.
• Signs attached to buildings are preferable to those on freestanding
hoardings.
• Signs shall not be permitted to project above the roofline of
buildings.
• The Planning Authority will pursue enforcement action against
unauthorised advertisements.
• Favourable consideration may be given, in consultation with business
groups, to the erection of composite advance signs on which the facilities
available in the city will be declared. Due to the damage which a proliferation
of large, competitive advance signs can cause to the appearance and image
of the important entrance routes into the city, existing individual advance
signage will be phased out and well-designed and located composite signage
will be sought as an alternative.
• Tourism signage where permitted shall be required to conform to
the Department of the Environment ‘Criteria for the Provision of
Tourist Attraction and Accommodation Signs’ issued by the Minister
of the Environment in September 1988.
• ‘B&B’ signage will be restricted as follows:
• 1 sign per premises. No directional finger post signs will be
permitted.
No additional commercial directional signs will be permitted within the
Borough area of the City and Environs.
10.20
CARAVAN AND CAMPING PARKS |
The Planning Authority will ensure that caravan parks comply generally
with the guidelines published by Board Faille in 1982, namely; ‘Guidelines
for Development of Caravan and Camping Sites’.
In general, a density of not more than 14 no. caravans and/or tent pitches
per usable acre may be permitted.
All proposed sites must have adequate water, sewerage, refuse collection
and electricity services. In relation to sanitary facilities, such developments
shall comply with the specific Bord Failte guidelines.
Proposals for caravan parks shall show detailed landscaping proposals
for such developments covering both planting on the site boundaries, and
the periphery of the site generally, and within the site, in order to
ensure that such developments can be fully integrated and assimilated
into their environments.
Caravan sites should be located adjacent to public roads which are of
adequate width, alignment, and capacity and capable of being developed
without giving rise to traffic hazards or adding to or creating a risk
of increased congestion on such roads. Caravan sites should be located
on sites that are adequately screened from the public road, and will not
generally be permitted where there is no natural screening.
Kilkenny Borough Council and Kilkenny County Council shall require cycle
facilities to be provided with any new development proposals. Bicycle
parking stands should be provided in a secure and safe location, which
is overlooked and provides easy access to entrances and exits.
The number of stands required will be one quarter the number of car parking
spaces required for the development, subject to a minimum of one stand.
10.22 MULTI
STOREY CAR PARKS |
All applications for multi storey car parks must be accompanied by a
report consisting of recent quantitative data, which illustrates the need
for parking spaces in the area proposed. The report should contain an
assessment of this data by a competent traffic consultant on the likely
impact of the car park on the city.
10.23
CHILDCARE FACILITIES |
Childcare facilities will be in accordance with the Planning Guidelines
on Childcare facilities as published by the DOELG December 2001, and will
be permitted in appropriate locations. Such locations include:
- Larger new housing estates;
- Industrial estates and business parks and other areas of significant
employment;
- In the vicinity of schools;
- Adjacent to public transport corridors
Where such facilities are to be provided it will be essential to show
their location will not give rise to a traffic hazard or have adverse
impact on the residential amenity of the area.
Where these facilities are to be provided in larger new housing estates
the Planning Guidelines have provided a standard of one facility with
places for 20 children for each 75 dwellings.
All applications for crèches or preschool facilities shall be
required to comply with the Childcare Act and the Childcare (Pre School
Services) Regulations 1996. In general for sessional services and drop
in centres a floor area of 2sq.m. per child is required. For full day
care a floor area of 3 sq.m. per child is required.
Applications for crèches, playschools and pre school facilities
shall be assessed with regard to the following information:
- Details of the proposed opening times;
- Proposed number and age range of children;
- Proposed number of staff;
- Internal floor areas devoted to use as crèche /playschool excluding
areas such as kitchens toilets sleeping and other ancillary areas;
- Details of external play areas;
- Car parking arrangements for both parents and staff.
Kilkenny Borough Council and Kilkenny County Council may impose a temporary
permission of between 1-5 years on any grant of permission for such facilities
to assess their impact on surrounding areas and developments.
Nursing Homes shall comply with the standards laid down in the Statutory
Instrument No 317 of 1985 “Homes for Incapacitated Persons Regulations
1985”.
Permission for a change of use from a residential dwelling to a nursing
home shall only be granted in cases where such a use would not give rise
to a traffic hazard and where the building can be adapted to a satisfactory
level of accommodation.
The Kilkenny Borough Council actively discourage and prohibit take-away/fast-food
outlets owing to the anti-social behaviour activity which they attract.
10.26 PROTECTED
STRUCTURES |
Planning permission is normally required for alterations or modifications
to protected buildings and /or structures. The Planning Authority will
take account of the draft conservation guidelines issued by Duchas.
Planning permission is required for the material alteration of buildings
within designated conservation areas.
In areas designated of Archaeological Interest in the Sites and Monuments
Record or the Urban Archaeological Survey by the office of Public Works,
developers shall consult with the Planning Authority at the earliest possible
stage prior to development works, including the digging of trenches or
foundations. Where development is permitted on or in the vicinity of a
listed archaeological site, or within an area of known archaeological
interest, it shall be normal to require the developer to make provision
for archaeological remains to be retained in situ below the new development.
In cases where permitted works will impinge on known archaeology, the
developer will be required to:
- Employ a licensed archaeologist at the applicants expense to carry out
trial excavations in advance of development;
- To liaise and consult with Duchas, the Heritage Service on all matters
affecting the sites and monuments in its charge;
- Adjust building lines and construction methods to avoid damage to remains
so far as practicable.
Developers may be required to contribute to and to allow a reasonable
time for excavation, monitoring, recording and/or removal of any features
prior to the commencement of development. Important sites shall be left
physically intact wherever feasible.
10.29 GENERAL
DEVELOPMENT CONSIDERATIONS |
Developments should have regard to the following matters from the initial
stages of project development:
10.29.1 Development
Contributions |
The Planning Authority, taking into consideration the capital expenditure
necessary for the provision of infrastructure, will require financial
contributions by way of conditions attached to planning permissions in
relation to drainage, water supply, roads, open space and car parking
which facilitate the proposed development.
The Planning Authority reserves the right to alter the amount of contributions
required when it sees fit. The Planning Authority may also set a date
by which contributions must be paid and they may also allow for payments
to be made in instalments.
To ensure that developments undertaken by the private developers are
satisfactorily completed developers will be required to provide cash deposits
or submit a bond from an insurance company or other financial institution
acceptable to the Planning Authority for the satisfactory completion of
developments and their ancillary services. This bond or surety is to be
submitted before development is commenced.
10.29.3 Future
Publications of Standards and Guidelines |
The Planning Authority will continue, during the course of the Plan period,
to prepare and make available to the public, technical and design guidelines
on matters affecting planning and sustainable development of the City
and Environs.
10.30
HOUSING IN THE AGRICULTURAL ZONE |
Within the agricultural zone, housing will be restricted to members of
farmers families or to others working on the land in agriculture or other
rural related enterprises.
The basis of this policy is to preserve the existing agricultural use
of the areas zoned for this purpose, to prevent speculation in land and
to prevent urban generated development which would interfere with the
operation of farming.
It is not the intention of the Planning Authority that all land within
the development boundary designated would be zoned for development in
the short term but that the lands would be released on a phased basis
over a medium to longer term. The mere inclusion within the boundary confers
no additional rights to development and landowners should have no expectation
that building development will be allowed.
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