FETHARD DEVELOPMENT PLAN MAIN INDEX
3.1 Introduction | 3.2 Enforcement | 3.3 Development Contributions | 3.4 Land-use Zoning Objectives | 3.5 Design Considerations | 3.6 Development in the Conservation Area | 3.7 Listed Buildings | 3.8 Access for the Disabled | 3.9 Development in Areas of Archaeological Interest | 3.10 Residential Dwellings | 3.11 Infill Development | 3.12 Residential Density in New Development | 3.13 Extensions to Dwellings | 3.14 Public Open Space Requirements | 3.15 Parking and Loading | 3.16 Bicycles | 3.17 Advertising Structures and Signs | 3.18 Petrol Filling and Service Stations
3.1.1 Development control is a statutory process, and the Council is required to control development by ensuring that permissions granted under the Planning Acts are consistent with the policies and objectives in the Development Plan. This part of the Plan deals with the planning standards and design criteria which will be applied by the County Council to development proposals within the Development Plan Area boundary of Fethard (see Map 1).
3.1.2 There is provision for a degree of flexibility, which will apply where proposed development is otherwise consistent with proper planning and development and the preservation and improvement of amenities in the town.
3.2.1 The Planning Acts give power to the Council to take enforcement action when development is started without planning permission, if conditions attached to permission are not complied with, or when other breaches of control have been committed.
3.2.2 Contravention's of planning law undermine the successful implementation of the Council’s policies and are unfair on those who have abided by planning controls.
3.2.3 Enforcement action will be taken whenever it is expedient to do so, having regard to the policies in this Plan and other material planning considerations.
3.3 Development Contributions (back to top)
3.3.1 Considerable sums of money have been and will continue to be expended by the Council in the provision of public services. The Council will require financial contributions towards the capital expenditure necessary for the provision of infrastructure works required which facilitate development. Such works include drainage, water supply, roads, footpaths and traffic management, open space and car parking.
3.3.2 Where housing development is of such a scale that its associated public open space would be less than 0.10ha, of where the site does not lend itself to the provision of open space, a financial contribution will be sought. The size of the contribution will be related to the density, the value of the land and the cost of development of the open space and shall be paid by the developer before commencing work on the site.
3.3.3 In addition, the Council reserves the right to require developers to enter into a bond for completion of development in accordance with the permission granted.
3.4 Land-use Zoning Objectives (back to top)
3.4.1 The purpose of land-use zoning is to indicate the planning control objectives of the Council for all lands within the town boundary. This ensures that development is guided towards the right location and enhances both commercial stability and the environment of the town.
3.4.2 Eight zones are indicated in this Plan. The Use Zoning Matrix is intended as a general guideline in assessing the acceptability or otherwise of development proposals, although the listed uses are not exhaustive.
3.4.3 However, they relate only to land-use. Factors such as density, height, massing, traffic generation, public health, design criteria and visual amenity, and potential nuisance by way of noise, odour and pollution are also significant and relevant to the proper planning and development of the area.
|Table 5: Key to Development Plan Zoning Objectives|
|TC||To preserve, enhance and/or provide for town centre facilities|
|C||To provide and improve commercial development in line with policy Town.1|
|R||To preserve and enhance existing residential amenity|
|R1||To provide for new residential development in accordance with Development Plan Policy|
|I||To provide for industrial and related uses|
|S||To protect social and public facilities|
|A||To provide for agricultural needs and to protect and enhance rural amenity|
|E||To preserve and enhance open spaces and amenity areas|
Appendix 1 lists the land-use activities referred to under each zoning objective. It indicates the acceptability or otherwise (in principle) of the specified land-uses in each zone.
3.5 Design Considerations (back to top)
3.5.1 The Council will seek to ensure that all development, whether new-build, redevelopment or renovation, will be undertaken so as to enhance the living environment and appearance of the town.
3.5.2 The Council will also consider development proposals against the aims of sustainable development set out in Chapter 1.
3.5.3 Design considerations will vary depending on the location of the proposed development. However, design proposals, particularly in the Conservation Area, will be examined under the following headings;
3.6 Development in the Conservation Area (back to top)
3.6.1 The Council considers that this area shall be subject to special control, and detailed guidance is therefore provided in Appendix 2 (Conservation Area Design Statement) of this Plan. All new development proposals will be assessed against the design guidance contained in the Conservation Area Design Statement.
3.7 Listed Buildings (back to top)
3.7.1 Development proposals affecting the character or appearance of a listed structure or the curtilage of such a structure, will be subject to the guidelines contained in Appendix 2 (Conservation Area Design Statement). However, unauthorised removal or demolition of part or all of a listed structure is liable to result in the Council initiating enforcement action.
3.8 Access for the Disabled (back to top)
3.8.1 In the design of buildings to which the public could be expected to have frequent access, special consideration will be given to the accommodation of people with disabilities in accordance with the requirements of the Building Regulations (1991) and the advice set out in ‘Buildings for Everyone (1998)' as issued by the National Rehabilitation Board.
3.9 Development in Areas of Archaeological Interest (back to top)
3.9.1 When considering proposals within or in close proximity to areas of archaeological potential, the Council will have regard to the provisions of the National Monument, Acts 1930 to 1994, the observations and recommendations of Duchas - the Heritage Service of the Department of Arts, Heritage, Gaeltacht and the Islands and other interested bodies.
3.9.2 The Council, on granting planning permission may impose conditions requiring funding by the applicant of:
3.9.3 The preservation of all or part of the archaeological remains in the area covered by the permission may also be considered by the Council as a restriction or condition on such development.
3.9.4 The applicant may be formally requested, as part of a request for further information or as a condition attached to a grant of planning permission, to have a report prepared by a qualified archaeologist on the archaeological implications of the proposed development.
3.10 Residential Dwellings (back to top)
3.10.1 It is the aim of the Council that residential new-build, redevelopment or extension should relate generally to the surrounding urban form and land-use. This does not mitigate against designs which are contemporary or unique, but simply that new development should endeavour to contribute to sense of place and environmental quality.
3.11 Infill Development (back to top)
3.11.1 The central area of a town by its very nature generates economic activity of all sorts, which in turn creates pressures for physical changes. It is the aim of the Council to cope with these changes in a positive way, while protecting the intrinsic merits of the town, particularly within the Conservation Area.
3.11.2 Good infill development does not necessarily imply an exact copy of what was there before or what the adjacent buildings are like. It is, however, important that the overall building lines and heights are retained. Proposed infill development within the Conservation Area will be assessed against the guidance set out in the Conservation Area Design Statement in Appendix 2.
3.12 Residential Density in New Development (back to top)
3.12.1 The Council does not wish to set minimum or maximum residential densities, but to seek efficient and sustainable development on all residential zoned land. However, the Council would apply the following guidelines:
3.13 Extensions to Dwellings (back to top)
3.13.1 The Council will seek to implement the following guidelines in respect of residential extensions:
3.14 Public Open Space (back to top)
3.14.1 The Council will consider each planning application on its merits, considering density, house type and occupancy, location and the general quality of development.
3.14.2 However, as a guide the Council will seek a minimum of 10% of gross site area as open space. In calculating the area of open space required, the Planning Authority will exclude area of roads, footpaths, grass verges and unusable backland areas.
3.14.3 The Council will consider accepting financial contributions in lieu of actual provision, in order to improve the quality of existing open space or development of new public space.
3.15 Parking and Loading (back to top)
3.15.1 Table 6 sets out the Council’s car parking requirements. In addition to the general car parking standards required, service bays may also be required. The number of service parking bays will depend on the nature of the proposed business, and will be determined by the Council in each case.
3.15.2 Where the developed is unable to meet the requirements relating to car parking, an appropriate contribution shall be paid to the Council to facilitate the provision of car parking facilities elsewhere.
3.15.3 Car parking should be located where possible behind established building lines in the interest of good townscape. Where parking is proposed in front of the building, it is important that planting and boundary walls/railings are used to maintain the visual appearance of the area. In town centre mixed-use development proposals, consideration will be given to dual parking where peak times do not coincide.
3.15.4 Where parking is associated with late night uses such as places of entertainment, car parking should be sited so as to reduce noise disturbance to adjoining residents to a reasonable level.
|Table 6: Car Parking Standards|
|Cinema||1 space per 3 seats|
|Bars/Restaurant/Hotels||1 space per 15 sq.m.|
|Clinics/Surgeries||2 spaces per consulting room|
|Caravan Park||1 space per unit of accommadation|
|Dance halls/Discos||1 space per 10 sq.m.|
|Dwelling (Houses/Flats)||1 space per dwelling unit|
|Hotel/Motel/Guest House||1 space for every 2 bed spaces|
|Industry||1 space per 100 sq.m.|
|Leisure Centre||1 space per 50 sq.m.|
|Nursing Homes||1 space per bedroom|
|Offices||1 space per 35 sq.m.|
|Retail Shops/Supermarkets||1 space per 20 sq.m.|
|Retail Warehousing||1 space per 35 sq.m.|
|Warehousing||1 space per 100 sq.m.|
3.16 Bicycles (back to top)
3.16.1 The Council will require that secure cycle parking facilities are provided for new office, industrial and commercial uses in support of the Council’s aim for sustainable development.
3.17 Advertising Structures and Signs (back to top)
3.17.1 The following design guidelines are in support of Policy TOWN.1 on advertising. Advertising structure can be divided into two categories:-
(1) signs to advertise a business, goods or service
(2) hoardings or poster boards erected or rented by specialist firms.
3.17.2 Advertising must be carefully controlled in order to protect visual amenity, particularly in the Conservation Area, and in the interest of traffic safety.
3.17.3 The following guidelines will be used in assessing planning applications in order to control advertising signs:-
(i) well designed and suitably located signage will be favourably considered;
(ii) each application will be considered on its merits having regard to traffic safety, visual amenity and commercial interests;
(iii) in line with Department of the Environment guidelines, strict control in relation to advertising along National Routes will be exercised in the interest of traffic safety;
(iv) tourism signage shall conform with the Department of the Environment "Criteria for the Provision of Tourist Attraction and Accommodation Signs";
(v) in scenic areas or tourist routes advertising for tourist attractions will be permitted where it does not impair visual amenity;
(vi) the Council will promote the use of composite advance signs to avoid a proliferation of competing commercial signs;
(vii) details of shop-front signs are set out in Appendix 2 (Conservation Area Design Statement), but can be summarised as follows:
(viii) the period of permission will be restricted by condition to a 3 to 5 year period. This is necessary in order to maintain control in light of changing circumstances and will not prejudice a further application for the continued use of the sign for the same use.
Note: Unauthorised signs on private property will be subject to enforcement procedures and such signs on public roads will be removed by the Council.
(b) Poster Boards
3.17.4 Poster boards constitute one of the most obtrusive elements of advertising, and it is undesirable that hoardings or structures be located in the open countryside, approach roads to the town or within the Conservation Area.
3.17.5 Alternatively, poster boards forming temporary screening for derelict or vacant sites or sites where development is taking place can carry a useful function. Boards fitting this description should no exceed 30% of the wall or screening on which it is mounted.
3.18 Petrol Filling and Service Stations (back to top)
3.18.1 The town of Fethard is reasonably well served as regards retail petrol outlets. The Council when assessing any future planning applications will consider the need for such provision.
3.18.2 Where permitted, filling stations will be required to comply with adequate standards for the protection of visual amenity, environmental quality and road safety. The design and siting of filling stations shall meet the standards set out in "Geometric Design Guidelines" RT181 as issued by An Foras Forbartha and the Dangerous Substance Regulations, 1979 as amended.
3.18.3 Retail units will only be allowed to sell motor related goods and the sale of other products will require planning permission.
3.18.4 The layout of all new or re-developed petrol stations shall permit safe access for delivery tankers up to 15.25m in length, and an adequate off-road area shall be provided for parking these vehicles safely without obstructing access to pumps.