Report on Proposed Material Alterations to the Draft Louth County Development Plan

Report on Proposed Material Alterations to the Draft Louth County Development Plan

2015-2021

June 2015

Table of Contents

Part 1

Introduction Page 1

Part 2

Legislative Requirements Page 1

Part 3

List of Proposed Material Alterations to Written Statement Page 3

Part 4

List of Proposed Material Alterations to Tables in Written Statement Page 17

Part 5

List of Proposed Material Alterations toMapsPage 24

Part 6

List of Proposed Material Alterations to RPS Page 28

Part 7

Environmental Statement on the Proposed Material Alterations Page 41

Part 8

Strategic Flood Risk AssessmentPage 86

Appendix 1 - Maps

Part 1 Introduction

This document focuses on the proposed amendments made by the Elected Members of Louth County Council following consideration of the draft Louth County Development Plan 2015-2021, the Chief Executives Report on submissions received as well as workshops and Council meetings. It consists of amendments to the written statement, amendments to maps, amendments to the Record of Protected Structures and a revised Strategic Flood Risk Assessment. This report also contains a statement on any significant environmental impacts from the proposed material amendments.

There are 3 stages in the review process. These are detailed below.

Stage 1 – Pre-Draft

•Background work, data gathering

•Initial notification in newspaper of planning authority intention to prepare a new Development Plan.

•Public consultation including prescribed bodies, service provider etc.

•Report to members outlining the Chief Executive’s response on issues raised in public consultation and recommendations on policies to be included in the development plan.

•Making of direction to the Chief Executive by the members regarding the preparation of the plan.

•Preparation of environment report (SEA).

Stage 2 – Preparation of Draft Plan

• Submission, by Chief Executive of a draft plan to members for their consideration
• Consideration by members of draft plan including the making of amendments by members
• Sending notice and a copy of the draft plan to specified bodies. Public display of draft plan and environmental report, and invitation of submissions

Stage 3 –Making of Development Plan

•Preparation by the Chief Executive of a report on submissions received.

•Consideration by members of the draft plan and managers report.

•Making of the development plan by accepting or amending the draft, exceptwhere amendment represents a material alteration of draft plan. In this case material amendments go on public display including amending environmental report if necessary.

•Preparation of Chief Executive’s report on submissions.

•Consideration of the amendment and Chief Executive’s report by the elected members.

•Members making the plan.

Part 2Legislative Requirements

Having considered the Draft Louth County Development Plan and the Chief Executive’s Report on submissions received as a result of the public display period, it was resolved by the members at Council meeting on the 9th June 2015 to amend the Draft Development Plan. It was then determined that some of the amendments would constitute a material alteration to the draft Development Plan. The proposed material alterations are to be on public display for a period of not less than 4 weeks in accordance with Section 12 (7) (ad) (i) of the Planning and Development Act, 2000 (as amended).

Purpose of this Report

The function of this report is to help inform and assist the public and other interested parties in consideration of the proposed material alterations to the Draft Plan.

Written observations or submissions regarding the Material Alterations to the Draft County Development Plan are invited from members of the public and other interested parties. Written submissions or observations must be received between Tuesday 30th June 2015 and Tuesday 28th July 2015. The Chief Executive will prepare a report on all submissions or observations received during the above time period and submit this to the Elected Members for their consideration. Having considered the material alterations to the draft and the Chief Executive’s report on submissions received, members will make the new Louth County Council Development Plan 2015-2021.

Outline of Report

The proposed amendments consist of material alterations to the written statement, zoning alterations reflected in map format, amendments to the Record of Protected Structures and revised Strategic Flood Risk Assessment.

In this document changes to the text follow the format of the written statement of the Draft Plan with the relevant Chapter headings, page numbers and submission reference identified where a change is proposed. This has been undertaken in a tabulated format. Omissions from the text are denoted using strikethrough and additions by using redtext (bold), see example below. This facilitates comparison between the contents of the Draft Plan and the proposed material alterations to the Draft.

Revise Policy TC 37 / To examine the needseek to provide for bus and car based park and ride facilities at a range of locations including motorway interchanges, subject to the availability of funding.

Part 3:

List of Proposed Material Alterations

Submission No. / Amendment to Section/
Policy No. / Amendment / Page No. of Draft Development Plan

Chapter 2

Core Strategy and Settlement Strategy
34 / Omit Strategic Land Reserve where appropriate
Revised Text
Remove text from Table 1.1 / Refer to Part 5 Material Alterations to Maps
Phasing proposal relates to two phases of development; one for the duration of this plan a second phase “Strategic Reserve” for consideration beyond 2021. The inclusion of such lands as a Strategic Reserve will not in any way imply a prior commitment on the part of Louth County Council regarding their future zoning during the preparation of the subsequent County Development Plan for the period 2021-2027.
Refer to Part 4 Material Alterations to Table / Pg19
Section 2.10
61 / Requirement for a Core Strategy Diagrammatic Map
Requirement for Composite Maps
Revise Policy SS9 / Refer toPart 5 Material Alterations to Maps
Refer to Part 5 Material Alterations to Maps
To promote and facilitate limited development within Level 3 Settlements that is commensurate with the nature and extent of the existing settlement to support their role as local service centresand to implement the policies and objectives relative to each settlement as provided for in Appendix 2. / Pg30
121 / Revise Policy SS22 / In those cases where for financial or other reasons, construction has been suspended on a rural dwelling indefinitely, the council will consider removing restrictions on the purchase of such dwellings to permit their completion. In all cases the council must be satisfied that works are in situ. The Planning Authority will only consider the lifting of occupancy conditions by way of a planning application made to the effect of seeking the retention and completion of the dwelling together with removal of the occupancy condition. The Planning Authority in assessing such cases must be satisfied that there is genuine hardship arising from the inability of the applicant to dispose of the property. As such the authority will require;
Written evidence from the financial institution responsible for the applicant’s financial affairs verifying the nature and scale of the difficulties being encountered. In cases where there is a health problem which necessitates disposal of the property, the application should be supported by relevant documentation from a registered medical consultant.
Sales of dwellings qualifying under these extreme circumstances will not attract the requirement that potential purchasers must be eligible under the appropriate qualifying criteria for the area. This shall not apply in those cases where a planning permission has expired, is applicable only where the planning authority is satisfied that works commenced prior to 1st February 2012 and this provision shall cease to have effect from 16th November 2015. / Pg 40
151 / Revise Policy SS53
Revise Policy SS54 / To prevent the creation of ribbon development by not permitting more than four houses in a row along any public road. A minimum gap of 400 150 metres shall be maintained between such developments. An exception to this requirement may be considered where the dwelling is required to meet the housing needs of a son/daughter/foster child of a qualifying landowner and where the planning authority is satisfied that there is no other suitable site available on the landholding
To preserve a clear break of a minimum of 400150 metres between the boundary of existing settlements and any permitted development along adjoining roads. / Pg 49
Pg 49
156, 157, 164,165 / Amend Table 2.5 / Refer to Part 4 Material Alterations to Tables / Pg 18
160, 196, 222 / Amend Table 2.5 2.6 / Refer to Part 4 Material Alterations to Tables / Pg 18 & 20
210 / Revise Policy SS14 / To require a minimum site area of 0.2ha (0.5 acres) for each residential unit within Level 4 Rural Settlements where serviced by an individual waste water treatment plant. / Pg 31
222
222 &128 / Additional words to be included in SS10
Requirement for a Core Strategy Diagrammatic Map
Revise Text
Revise Text / To provide for the construction of one-off type houses within Level 4 Rural Settlements in order to assist in satisfying a housing and county based local area need within a structured but low density environment as an alternative to the development of scattered one –off housing.
Refer toPart 5 Material Alterations to Maps
Applicants are the son or daughter of a qualifying landowner, or a niece or nephew of a childless single person or childless couple of a qualifying landowner. One house only shall be granted in the case of a niece or nephew. The applicant must demonstrate a rural housing need and show that they do not already own a house or have not owned a house within the rural area of the county for a minimum of 5 years prior to making an application.
Definition of Qualifying Land Owner
For the purposes of this Plan, Qualifying Landowner is defined as being where a person owned a landholding of at least 3 hectares for a minimum of 2510 years. / Pg 31
Section 2.19.1
Pg 34
Pg 40
Section 2.19.5
Chapter 3
Rural Development and Natural Resources
66 / Revise Policy RD16
Additional Wording RD17 / To support sustainabletourism enterprises that are developed at appropriate locations in conjunction with established rural activities and to facilitate the development of agri tourism.
To increase the quality of beaches in the County and in so doing contribute to the development of the tourism industry and to the enjoyment of the facilities subject to compliance with the provisions of the EU Habitats Directive, Water Framework Directive and Marine Strategy Framework Directive. / Pg 75
Pg 77
121 / Revise Policy RD2 / To encourage farmers already in REPS or any subsequent scheme, such as GLAS, to continue participation in the interests of environmental protection and the safeguarding of sensitive and rural landscapes. / Pg 69
58 & 161 / Revise Policy RD39 / To consider developments falling within the following categories; limited one-off housing*, agricultural developments, extensions to existing authorised uses and farms, appropriate farm diversification projects; developments to be used for leisure, recreation and tourism; holiday accommodation including cottages and lodges where these are part of an existing or proposed integrated tourism complex; hotels/ guest houses / B & B’s (only where the proposal involves the re-use or diversification of an existing building); extensions to existing authorised commercial and industrial developments; renewable energy schemes, public utility infrastructure, certain resource based and location specific developments of significant regional or national importance and, critical infrastructure projects. Nursing homes/analogous services ** and Economic Business zone at Carrickcarnon.***
Multi-unit residential, conventional industrial and commercial development appropriate to existing settlements, developments directly adjacent to rural motorway interchanges would not be considered appropriate within this zone.
*Refer to Section 2.19.1 for Qualifying Criteria
** In the location identified by ???dot on Map 3.1 entitled’ Development Zones’.
*** In the location identified by ???dot on Map 3.1 entitled ‘Development Zones’.
Refer Part 5 Material Alterations to Maps / Pg 86

Chapter 4

Residential and Community Facilities
58 / Revise Policy RES 45 / To require that nursing homes/ analogous services are located within Dundalk, Drogheda, Ardee, Dunleer and level 3 Settlements. In exceptional circumstances where suitable the re-use of existing buildings shall be considered. / Pg 115
110 / Additional Text / The Council will support the development of a best practice brochure/ manual for designing dwelling houses which includes the principles of universal design. The brochure/ manual should be developed in conjunction with DKIT and Louth County Council. That best practice in town planning and design will also be considered in the design of the public realm. / Pg 103
Section 4.10.1
117 / Additional wording to RES40 / To co-operate with the Department of Education and Skills in the identification of need and provision of school sitesand in accordance with relevant national guidance. / Pg 113

Chapter 5

Heritage (Natural & Built)
45,109, 119, 205 / Revise Table 5.8
Revise Map 5.9 accordingly / TWSAV 15: NewMellifont Abbey Woods
TWSAV: One Mile Wood, Newtownstalaban*,
*It is an objective of the plan to make a Tree Preservation Order for trees at Newtownstalaban
Refer toPart 4 Proposed Material Alterations to Tables
Refer toPart 5 Material Alterations to Maps / Pg 138
N.B procedures are in train for this TWSAV 33 it is proposed that it goes to the July meeting and may be passed thus not necessitating the need for the objective to be included
66 / Revise Policy HER4 / The Local Authority will ensure that a screening for Appropriate Assessment (AA) on all Plans and Projects and or Stage 2 Appropriate Assessment (NIS/NIR) where appropriate, is undertaken to make a determination. Natura 2000 sites located outside of the County but within 15 km of proposed development site should also be included in such screenings.All screening assessments submitted to the planning authority shall include a written statement indicating control methods proposed to prevent the spread of invasive species onto a Natura 2000 site. / Pg124
105 / Revise Policy HER13
Include Trees East of Termonfeckin
TWSAV utilised instead of TP
Include Trees East of Termonfeckin
Additional Tree symbols along Eastern side of Baltray Road, Termonfeckin / To protect trees and woodlands of special amenity value and to review and where appropriateput in place make a Tree Preservation Order(s)for this propose in relation to trees of special amenity value (including those identified as Possible Tree Preservation Orders in the Level 3 Settlements) or any other tree(s) of amenity value where the planning authority considers such trees to be at risk.
Refer to Part 4 Proposed Material Alterations to Tables.
Refer to Part 5 Proposed Material Alterations to Maps.
Refer to Part 5 Proposed Material Alterations to Maps / Pg 140
111 / Revise Policy HER66 / A minimum of 20m wide riparian corridor shall be kept free from development (except for pathways) along the side of each bank of the river for the purposes of habitat protection, maintenance access requirements, flood alleviation and recreational requirements. Any proposed path should be located a minimum of 6m from the top of the river edge.
“All proposed coastal walkways will be required to comply with the Habitats, EIA and SEA Directives” / Pg 173-174
115 / New policy to Chapter 5 / Existing stone kerbs and paving stones are to be maintained and refurbished as much as possible. Where new kerbs are necessary they are to be of high quality in character with the existing.
163 / Revise Policy HER16 / Where in exceptional circumstances trees and or hedgerows are required to be removed to facilitate development, there shall be a requirement that each tree felled is to be replaced at a ratio of 10:1 and each hedgerow removed is to be replaced with native species where feasible. / Pg 140
212 / New policy after HER22
Omit HER56
New Policy HER56 / That a variation of the County Development Plan will be proposed, if required, to make appropriate amendments to the plan, as a result of any recommendations arising from the publication of The Irish Battlefields Project.
To promote the maintenance and the appropriate reuse, renovation and rehabilitation of older buildings which are not protected, but are of architectural or streetscape merit.
To recognise the importance of the contribution of vernacular architecture to the character of a place and promote where feasible the protection, retention and appropriate revitalisation and use of the vernacular built heritage, including structures that contribute to landscape and streetscape character and discourage the demolition of these structures. / Pg 145
Pg166
220 / New Policy after HER18 / To investigate during the lifetime of the Plan the addition of Trees and Woodlands of Special Amenity Value and where appropriate to include in Table 5.8 and Map 5.9. / Pg 140
Chapter 6
Economic Development, Tourism & Retail
66
102
102
66 / Revise Policy EDE 20-23
Revise Policy EDE20
Revise Policy EDE23
Revise Policy EDE 25 / EDE 20
To promote and facilitate the development of walkways and cyclewaysat appropriate locations throughout the countyutilising disused transport links where feasible.*
EDE 21
To promote and facilitate the development of cycle routes in accordance withThe NationalCycle Network Scoping Study 2010.*
EDE 22
To protect the integrity and scenic quality of existing and future walking and cycling routes and their setting.*
EDE 23
To work in conjunction with adjoining authorities including Newry Mourne & Down, Monaghan and Meath County Councils to extend and design new walking and cycling routes, including towards Newry, Inniskeen and the eastern coastal route to Drogheda and Balbriggan as well asextending the BrunaBoinne Greenway. Ensure all proposals include appraisal of environmental impacts and take full account of the potential for negative impacts on Natura 2000 sites through the process of Habitats Directive Assessment Screening”*
*The above policies EDE 20-23 shall all be subject to compliance with all relevant EU policies such as the Water Framework, Habitats, SEA Directives.
To co-operate with the relevant authorities and government agencies north and south of the border in the provision of Narrow Water Bridge. Policy EDE 25 shall be subject to compliance with all relevant EU policies such as the Water Framework, Habitats, SEA and EIA Directives. / Pg 194
Pg 195
134 / Remove Policy EDE 35 / To resist the provision of large scale regional developments outside town centres subject to the application of the sequential test and demonstrate that the existing town centre will not be adversely affected. / Pg 202
143 / Revise Policy EDE16 / To explain, promoteand co-operate with all relevant stakeholders to facilitate the development of the Mourne/Cooley/Gullion Geo Tourism Project. / Pg 192
161 / Additional Information to Table 6.3 / Additional information in relation to Table 6.3 Louth Economic Forum 10 Point Action Plans.
Refer to Part 4 Material Alteration to Tables / Pg 181
199 / Revise Policy EDE3 / “To co-operate with the appropriate authorities and key stakeholders in Northern Ireland to support joint economic initiatives and programmes for the promotion of the region on a cross border basis”. / Pg 180