10 DEVELOPMENT STANDARDS
10.1 INTRODUCTION

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.

10.2.1. Agriculture

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.

10.2.2 Residential

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

10.2.3. General Business

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.

10.4 TRANSITIONAL AREAS

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.

10.5 PHASED DEVELOPMENT

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:

10.6.1 Density

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.


10.6.2 Layout

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.

10.6.3. Design

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.

10.10 BUILDING LINES

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.

10.13 PLOT RATIO

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

10.14 SITE COVERAGE

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.

10.16 INFILL DEVELOPMENT

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.

10.18 SHOP FRONTS

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.

10.18.3 Lighting

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.

10.21 CYCLE FACILITIES

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.

10.24 NURSING HOMES

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.

10.25 TAKE-AWAY OUTLETS

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.

10.27 CONSERVATION AREAS

Planning permission is required for the material alteration of buildings within designated conservation areas.

10.28 ARCHAEOLOGY

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.

10.29.2. Bonds

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.