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.

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 Council 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.

In the following paragraphs:

• Permissible uses means a use, which is acceptable in the relevant zone. However, it is still the subject of the normal planning process.
• Open for consideration means a use which may be permitted where the Council is satisfied that the individual proposal or 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.

Zoning Objectives

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.

Permissible 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 10.26, 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 boundary then the use of such land will be deemed to be primarily agricultural.

10.2.2. Residential

Objective: To protect, provide and improve residential amenities.

Permissible Uses:
Dwellings, open spaces, places of worship, community centres, halting sites, public service installations, playgroup or crèche, Nursing home

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.

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, and uses on sites designated in the Town Renewal Scheme 2000 – 2003.

10.2.4 Neighbourhood Centres

Objective: To provide for local shopping and social needs.

Permitted Uses: Supermarket (for local neighbourhood needs only), newsagent, 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 houses, coffee shops, travel agents.

Open for Consideration: open space, workshop or light industry, and uses on sites designated in the Town Renewal Scheme 2000 – 2003.

10.2 5. Recreation Amenity and Open Space

Objective: To preserve, provide and improve recreational open space.

Permissible Uses: Open space, sports clubs, recreational buildings, stands, pavilions, agricultural uses, public service installations.
Where sites have been designated under the Town Renewal Scheme 2000 2003, uses designated under that scheme.

10.2 6. Community Facilities

Objective: To protect, provide and improve community facilities.

Permissible Uses:
Educational, religious and cultural facilities, public buildings, créches, schools, churches, hospitals, convents, community centres and halls, school playing fields, colleges, orphanages, hostels, halting sites, cemeteries, libraries and medical centres, nursing homes,

Open for Consideration:
Public service installations, General Business uses which would not conflict with the other objectives of the Plan and which would be in accordance with the proper planning and sustainable development of the area.

10.2 7. Industrial/Warehousing

Objective: To provide for industrial and related uses.

Permissible 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/creche.

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.

Permissible Uses:
Industrial premises and offices to provide for business and information technology related development, open spaces, warehouses, heavy vehicle parks.

Open for consideration:
Car parks, crèches, recreational buildings, public service installations, 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 flat pack 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 Portal Development

Objective: To provide for and improve portal development and related uses and ancillary activities and services.

Permitted Uses:
Portal development and port related uses, light industry, general business uses and services e.g. service station, accommodation, office, service industry providing services related to the port.

10.2.11 Agricultural Trade

Objective: To provide for and improve agricultural trade related uses and ancillary activities and services.

Permitted Uses:
Livestock market, 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 County there are uses, which do not conform to the zoning objective for the area. These are principally uses, which were already in existence prior to the zoning exercise. 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 Council 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 uses zones. In these areas, it is necessary to avoid developments, which would 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 and 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 and Waterford City due to the existence of large undeveloped areas of land within the Development Boundary, the Council will continue to control the phasing of development as necessary.
Within all other settlements, lands within development boundaries will be considered suitable for development within the Plan period. In settlements where no development boundary has been designated, serviced areas will be considered as suitable for development within the Plan period, provided that proposals are otherwise in accordance with the Council's policies as set out in this Plan.

10.6 Settlement Structure

The Council will facilitate the development of the existing towns villages and smaller settlements of the County by providing services, and amenities in order to consolidate and strengthen the population base within those settlements and facilitate the maximum economic use of its physical and social infrastructure.

Through its development control the Council will seek

1 The compact and orderly development of Kilkenny City and its environs as the principal urban centre of the County.

2 The compact and orderly development of the Environs of Waterford City in accordance with the provisions of the Action Area Plan for the Waterford Environs Area.

3 To discourage the unplanned expansion of built up areas which does not pay regard to infrastructural facilities or town limits (i.e. urban sprawl) and maintain a clear line between town and country.

4 To discourage, large scale development outside zoned areas which would be prejudicial to the orderly planning and development of the those areas.

5 To discourage continuous road frontage development with no accompanying in-depth development and development on unserviced lands.

These objectives apply to serviced development and not to one-off houses.

10.7 Residential Estates Development Standards

It is the policy of the Council to encourage the well-planned and economic provision of housing on serviced lands. Developers are advised to consult with the 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 Council:

10.7.1 Density

As stated in section 7.6 there is in general no set maximum or minimum density recommended. However in certain areas of Kilkenny City and Environs Waterford Suburbs and Callan, maximum densities have been set for the protection of visually sensitive areas and to provide for specific identified need.

A high standard of architectural design and layout will be required in residential developments. The Council will seek to ensure that new developments have an 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 County Council that this high standard should not be diluted in newly constructed developments and that 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.

As there will be no set minimum or maximum density specified in the Plan, the emphasis will be on providing a quality housing environment based on innovation and a design led approach.

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.

10.7.2. 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.

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 should be avoided for security reasons.

Large residential areas shall be broken into small functional and visual groups, 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 are not desirable 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.

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.

Provision should be made where appropriate for cycle and pedestrian movement both within the estate and also close to nearby amenities.

A detailed landscaping plan should 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 as 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. Existing trees and hedgerows should be retained wherever possible and incorporated into the development.

10.7.2.1 Ecology & Bio-diversity

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.

10.7.3. Design

A variety of house types in developments of multiple housing will be encouraged with variations in house size, colour, materials, and designs.

In support of the Council’s policy of reducing social exclusion, the Council will encourage developers to have regard to the requirements of people with disabilities, the elderly, and children are catered for in the supply design and layout of residential development.

The design of dwellings should bear a relationship to the existing fabric of the settlement within which it is proposed to build. 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.

Roof slates/tiles of black, blue/black or grey will be favoured. Dormer windows and flush fitting roof lights will be considered where appropriate.

10.7.4. 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 left over areas, backlands 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 within the layout with the maximum number of dwellings orientated towards it.
• Open space should be suitably proportioned and narrow tracts, which are difficult to manage, will not be acceptable.
• The use of hard landscaping elements such as paving or cobbled areas can play an important role in the design and presentation of open space concepts and will considered on merit in each case.
• 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 areas and passive recreation spaces close to peoples’ homes.

The Council will require the provision of open space within residential developments to the following minimum standard:

2.4 hectares per 1,000 population or 1 hectare per 150 dwellings
- whichever is the 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.

10.7.5. Private Open Space Areas

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.

A standard of 22 meters will normally be required between directly opposing first floor windows. However where adequate levels of privacy are provided this depth may be reduced.

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.

10.7.6 Road and Estate Names


The naming of residential developments shall be approved by the County Council. The names of residential developments shall reflect local and Irish place names for the locality as far as possible. No development work or advertising of housing schemes shall be allowed until the name has been agreed with the Planning Authority.

10.7.7 Services

All services including electricity, public lighting cables, telephone and television cables shall be provided underground in new housing developments. Provision should be made for the unobtrusive siting of transformer stations, pumping stations and other necessary service buildings.

10.8 Apartments/Duplex Style


In general apartments will be required to have the following minimum floor areas

Apartment Type Minimum Floor Area
One Bed 46 m2
Two Bed 65 m2
Three Bed 93sq.m


The internal dimensions of all rooms should be proportioned to allow for an adequate space for normal living purposes. 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.

10.9 Rural Housing

Single houses in rural areas will be assessed under the following criteria

(A) Within Areas of Development Pressure and Areas of High Amenity

Within the area of development pressure and the areas of high amenity outlined on Map 7.1, a positive presumption will be given toward the building of one-off houses, for occupation, by the applicant of the following classes of persons.

• Persons whose primary employment is in agriculture, horticulture, forestry or bloodstock, or other rural based activity in the area which they wish to build.
• Immediate members of farm families (sons & daughters), seeking to build on the family farm
• Persons whose primary employment is within Co. Kilkenny and need to live in a rural location because of that employment or whose employment would provide a service to the local community.
• Persons who have strong family linkages with the rural location in which they wish to build.

(B) In areas outside the areas of development pressure and other than in areas of high amenity a positive presumption will be given towards the building of one-off houses.

10.9.1 Design Considerations

The appearance of new housing development can have a substantial impact on the landscape. Inappropriately sited and designed houses can detract from the rural character of an area.
The County’s scenic areas are an economic resource of growing importance. Where development is acceptable in principle, a high standard of siting and design will be required to protect the character of the area.

It is an objective of the Council to produce a set of design guidelines for developments in the countryside during the period of the Plan. These guidelines are to be prepared in consultation with members.

Location
The surface character of an area, its topography, vegetation cover, fields and hedgerows, determine the impact of new development. Allied to surface character are the extent and pattern of existing development in a rural area and these factors will determine whether new development can be integrated successfully or not. For example, in areas of high exposed terrain, it may be difficult to find unobtrusive sites. In areas of enclosed fields with matures trees, stone walls, rolling topography and existing development, imaginative use of the site’s natural features can integrate new building unobtrusively into the countryside. Areas of enclosed fields, agriculture-related development and mature tree cover can absorb new buildings without damaging the rural quality of the area more effectively than open landscapes. The ‘location’ criterion, therefore establishes whether the proposed development will be acceptable in principle having regard to the general characteristics of the site, its context and visibility from critical viewpoints.

Siting
The ‘siting’ criterion refers to specific site assessment. The site should be of sufficient size to accommodate a building set back from the road and make full use of natural features. The building should be sited so as not to break the skyline. Use should be made of backdrops of trees, rising land or other buildings. Orientation of the building relative to the road and existing development is important, especially where it is proposed to terminate a ribbon of development, ‘round off’ existing scattered development or achieve a cluster of development. Comprehensive landscaping including planting, excavation and mounding works, can mitigate the impact of new development and planning permission will normally contain such conditions. However, landscaping can take many years to become fully established especially on exposed upland sites and it is preferable to use existing features in siting a building.

Design
The ‘design’ criterion is aimed at ensuring that buildings enhance rather than dominate the visual character of the area. The scale, form, massing, proportions and detailing of a development will be assessed in relation to the character of the location, the existing traditional pattern of development and site features. Access roads and driveways should respect site contours and cross them gently in order to integrate the building with its entrance and site. New development should cut into sloping land and excessive underbuilding or ‘deadwork’ should be avoided.

Traditional hedgerows or stone walls should be retained in preference to ranch, paling, post and wire or other fencing. If a new hedge or wall must be partially or completely removed for the purpose of improving sight lines, a replacement hedge or wall should be erected behind the sight lines. In any planting scheme, indigenous trees and shrubs appropriate to the site conditions should be used.

Detailed guidelines for the design and siting of rural housing will be issued during the course of the plan period.

10.10 Access for People with Disabilities

Access requirements for physically disabled persons should 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 should 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 1997 to 2000
• Buildings for Everyone – Access and uses for all the citizens, by the National Rehabilitation Board, 1998.

The needs of people with disabilities should be taken into account in the design and construction of footpaths and parking areas. Footpaths in private commercial and housing developments and public housing developments shall be dished at junctions. Parking areas should 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 can be used to convey important information to visually impaired pedestrians about their environment. The provision of tactile surfaces for the visually impaired in all developments will be encouraged.

10.11 Building Height Control

Higher buildings are those which are significantly higher than neighbouring or surrounding development (according to residential density guidelines). 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.

10.12 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 unduly infringe an existing building and would be prejudicial to residential amenity, or orderly development will be not allowed.

10.13 Parking and Loading

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 a minimum of 4.8m by 2.4m.

Where parking space is proposed in front of existing premises, existing railings or boundary walls shall be retained. They should be provided with proper public lighting facilities and shall be clearly demarcated. 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 where the developer is unable to comply with the car parking standards for the development set out in the table below, a financial contribution may be acceptable in lieu of car parking provision will be levied, which will be related to the cost of providing such facilities.

In 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

Kilkenny County Council 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 10.1. Car Parking Standards for Various Land Uses

Land Use Parking Spaces per Unit
Dwelling House 2 car spaces per dwelling unit in suburban areas
Dwelling House 1 space per unit in the city centre.
(Residential areas) 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
Creche/Playschool 1 space per four children
Churches, theatres, Public Halls 1 car space per 10 seats.
Hotels, hostels and guesthouses 1 car space per bedroom
Hotel function rooms 1 space per 10 sq. metres
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.
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 and 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 and
additional space to be determined by the Planning Authority.
Industry 1 car space for every 60m2 of gross industrial floor
area and operational space to be determined by the
Planning Authority.
Warehousing 1 car space for every 100m2 of gross floor area and
additional parking space to be determined by the
Planning Authority for each individual development.
Retail Warehousing 1 car space for every 35 sq. meters of net retail floor space
Golf or Pitch and Putt courses 4 car spaces per hole.
Golf driving ranges,shooting ranges 1 space per 2m of base line/ per trap
Sports grounds and sports clubs 1 car space for every 15m2 of floor area and 6 spaces
for each pitch and additional operational space to be
determined by the Planning Authority.
Hospital 1.50 spaces per bed
Clinics/Medical practices 2 spaces per consulting room

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.

10.14 Roads and Road Access
10.14.1 National Primary and National Secondary Roads

New development requiring direct access to the National Primary and National Secondary Roads outside the 40 mph speed limits within the County shall be restricted to the following categories:

1 a dwelling for a full-time farmer on a National Route
2 an existing inhabited dwelling in need of replacement
3 a second family dwelling on a farm where this is required for management of the farm
4 a second dwelling on a Council plot for a family member, provided access is taken from an agreed suitable access point
5 Industrial Development where it is locationally tied to a fixed natural resource.

Permission may be granted in the above instances subject to the following stipulations:

a) That an alternative site with access onto a minor road is not available.
b) That the proposed development would not constitute a traffic hazard.
c) That the development would not:
i create a public health nuisance, or
ii detract from the visual amenities and character of the area.

d) Access to the development shall comply with the standards and requirements set down by the National Roads Authority Design Manual for Roads and Bridges (NRA- DMRB) as published by the NRA Dublin.

In all cases the onus will be put on the developer to provide evidence that an exception is justified.

10.14.2 Regional Roads

In order to protect the investment in these roads and to maintain their strategic function the Council will exercise control over new development requiring access to the Regional roads by restricting new access points to a minimum in the interests of safety.

Entrances to all sites will be required to be recessed from the road-side fence and splayed to provide a safe access for traffic.

Access to the development shall comply with the standards and requirements set down by the National Roads Authority Design Manual for Roads and Bridges (NRA- DMRB) as published by the NRA Dublin.

10.14.3 County Roads

Access to all sites on local county roads shall allow for a minimum of 55m visibility in each direction. The 3m setback from edge of road to the site entrance shall be 2m.

In making a planning application the applicant shall be required to show clearly how he/she proposes to prevent the flow of any water, effluent or other deleterious matter from flowing onto the public road.”

The classification of all roads shall be reviewed by the Council on completion of any major infrastructural improvements.

A positive presumption will be given to building one off houses in rural areas with access from cul de sac roads.

10.15 Plot Ratio and Site Coverage

Plot ratio = Gross Floor Area divided by Gross Site Area.

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 1.0 applies for all areas

Site Coverage = Ground 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% or up to the existing site coverage. In some case, a higher percentage may be allowed, subject to the proper planning and sustainable development of the site.

10.16 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 and ‘Recommendations for site Development Works for Housing Areas (1998)’, published by the Department of the Environment and Local Government.

In addition the Planning Authority may insist on alternative or additional standards as it deems necessary.

10.17 Public Utilities

The Planning Authority will normally require in urban areas 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.

10.18 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.

10.19 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 towns and within urban speed limits

The design and siting of filling stations shall meet the standards set out in ‘Geometric Design Guidelines’ (RT 181) published by An Foras Forbartha

In rural areas or within conservation areas modification of standard corporate designs is likely to be required in order to reduce the visual impact of the development in these areas. Strident and multiple colouring should be avoided and will be discouraged. The size and colour should be such as to taken account of its location.

10.20 Shopfronts

In order to conserve the distinctive character of County Kilkenny’s traditional shopfronts it is the policy of the Planning Authority to encourage the maintenance of original shopfronts, or the reinstatement of traditional shopfronts where poor replacements have been installed.

In new buildings proposed shop fronts should have regard to the existing shopfronts on the street and should complement both the building and the street.
In existing buildings the original fascia line should be maintained and not be 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.

10.20.1 Security Shutters.

The erection of a security shutter and its associated housing requires planning permission.
The installations of security shutters can visually destroy and deaden the shopping street at night and thereby detract from the street of the village or town in which it is located. The use of such shutters will be discouraged by the Council.

Where security shutters are considered to be essential because of the type of business transacted or goods stored the Council 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) they must be located, together with their associated housing, behind the window.

Rollers which are located 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.

10.20.2 Canopies & Blinds

Blinds were traditionally incorporated into the shopfront facia 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 shopfront detail neighbouring advertising and they deteriorate with age.
These will be discouraged.

10.20.3 Lighting

Internally illuminated fascias or projecting sign box signs will not be permitted. Concealed strip or flood lighting of fascias and traditional hand painted hanging signs lit by spotlight may be an acceptable alternative.

10.21 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 Council to strictly control all advertising signs both in relation to their location, design, materials and function. It is the policy of the Council 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 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 free standing hoardings.
• Signs shall not be permitted to project above the roofline of buildings.
• Favourable consideration may be given, in consultation with business groups, to the erection of composite advance signs on which the facilities available in cities, towns and villages 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 our towns and villages, 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.

10.22 Caravan and Camping Parks

Caravan parks are to comply generally with the guidelines published by Bord Failte 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 of 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.

10.23 Cycle Facilities

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.

10.24 Protected Structures

Planning permission is required for alterations or modifications to protected buildings and /or structures which materially affect the character of the structure. The Council will take account of the Architectural Conservation Guidelines for Planning Authorities issued by the Department of Arts, Heritage, Gaelteacht and the Islands in assessing applications concerning protected structures.

10.25 Conservation areas

Planning permission is required for the carrying out of works to the exterior of a structure located in an architectural conservation area if those works would materially affect the character of the area.

10.26 Archaeological Remains

In areas designated of Archaeological Interest in the Sites and Monuments Record or the Urban Archaeological Survey by the office of Public Works, developers should consult with “Duchas” The Heritage Service and The Heritage Council at the earliest possible stage prior to the lodging a planning application.

10.27 Housing on lands zoned for Agriculture

On lands zoned for agriculture within the development boundary for Kilkenny City and Environs, Waterford City Environs, Callan, Castlecomer, Thomastown, and Graiguenamanagh housing will be restricted to the following categories of persons:

- Immediate members of farmers families (sons & daughters) and/or
- Persons who primary employment is in agriculture, horticulture, forestry or bloodstock, or other rural based activity in the area which they wish to build.

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 and prejudice the future planning and development of the area.

It is not the intention of the Council 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.

10.28 Agricultural Developments

In the construction and layout of agricultural buildings the Council will require that buildings be sited as unobtrusively as possible and that the finishes and colours used will blend the development into its surroundings.

The Council will require that agriculture developments will be constructed and located so as to ensure that there is no threat of pollution to ground or surface waters.

In assessing planning applications for agriculture developments the Council will have regard to the following documents:

- “Rural Environment Protection Scheme” Agri-Environmental Specifications January 1999 published by the Department of Agriculture and Food.

- “Guidelines and Recommendations on the control of Pollution from farmyard Wastes” published by the Department of Agriculture and Food

- and other appropriate guidelines, which may be published from time to time.

10.29 Waste Water Treatment

The Council is aware of its obligations to sustainable development with respect to the treatment and disposal of waste water. The Council will insist that all new developments are connected to the public sewerage system where such exists.

Where connection to the public sewer is not possible dwellings must provide their own private means of effluent disposal and treatment.

The Council in assessing applications will have regard to “Wastewater Treatment Manuals - Treatment systems for single houses” published by the Environmental Protection Agency.

10.30 General Development Considerations
10.30. 1. Development Contributions

Kilkenny County Council, 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 foul and surface water drainage, water supply, roads, open space, recreation and car parking or other public works which facilitate the proposed development.

Contributions may also be required by way of condition attached to planning permissions towards the cost of any public service or project which is carried out that is of benefit to the proposed development.

Kilkenny County Council reserve the right to alter the amount of contributions required when it sees fit.

10.30.2. Bonds

To ensure that developments undertaken by the private developers are satisfactorily completed, developers will be required to give cash deposits or submit a bond from an insurance company or other financial institution acceptable to the County Council for the satisfactory completion of developments and their ancillary services. This bond or surety to be submitted and in place before development is commenced.

10.30.3 Future Publication and Standards and Guidelines

The County Council will continue, during the course of the Plan period, to prepare and make available to the public technical and design guidelines on matters affecting the planning and sustainable development of the County.