Athgarvan Local Area Plan 2007 (pdf) - Kildare.ie

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4.3 Definitions of Terms
Permitted in Principle (Y)
Indicated land uses are generally acceptable, subject to
compliance with relevant policies, standards and
requirements set out in the Plan and other relevant policy
documents.
Open for Consideration (O)
Indicated land uses may or may not be acceptable and
proposals in this category will be considered by the Planning
Authority on their individual merits. Land uses shown as
“Open for Consideration” may be acceptable in
circumstances where the proposal will not conflict with
the policies and objectives for the zone and the existing or
permitted uses as well as being in the interests of the proper
planning and sustainable development of the area.
Not Normally Acceptable (N)
Indicated land uses are not normally permitted and will not
be entertained by the Local Authority save in exceptional
circumstances. This may be due to its perceived effect on
existing permitted uses, its incompatibility with the policies
and objectives contained in the Plan or the fact that it may
be inconsistent with the proper planning and sustainable
development of the area. The expansion of established and
approved uses not conforming to land use zoning objectives
will be considered on their merits.
Non Conforming Uses
It is not intended that existing uses within the zones outlined
in this Plan which appear to be inconsistent with the primary
use zoning objective should be curtailed. All such cases,
where legally established by continued use for the same
purpose prior to October 1, 1964 or by a planning
permission, shall not be subject to legal proceedings under
the Acts in respect of the continued use. Where extensions
to, or improvements of, premises accommodating these
uses are proposed, each shall be considered on its merits.
4.4 Application of Zoning Policy
It is an objective of the Council to carry out its development
control function in accordance with the Matrix Table for each
zone. However, it should not be assumed that if a proposed
development complies with the Matrix Table, it would
necessarily be accepted. The matrix relates to land use only
and important factors including density, building height,
design standards, traffic generation and environmental
factors are also relevant in establishing whether or not a
development proposal would be acceptable at a particular
location and conforms to the proper planning and
development of the village.
It is an objective of the Council to apply all the relevant
Development Control Standards as set out in this document
to all developments on lands zoned under this Plan.
Note: Where land uses are not included in this matrix,
applications for same will be assessed on their individual
merits having regard to the general policies and zoning
objectives for the area and the general principles of proper
planning and sustainable development.
5.0 Development Control Standards
Development Control will be exercised by the Council in a
positive manner, having regard to the provisions of the
Planning and Development Acts 2000-2006 and to the
proper planning and sustainable development of the area,
its amenities and the Council’s policy objectives for
Athgarvan. The requirements and standards set out herein
should be seen in this light, as a form of guidance for
developers.
This section deals with design and development. This section
of the Plan will set out specific control measures for future
development. These control measures will ensure that new
development is of a quality, character, scale layout and form,
appropriate to the area in question.
5.1 Development Control Standards – Design and
Layout
Site Coverage
Site coverage standards are intended to avoid the adverse
effects of over-development.
Site Coverage = Total area of ground covered by buildings
Total ground area within the site curtilage
The maximum site coverage shall vary throughout the plan
area depending on site context and location. Cognisance
should be had of the fact that Athgarvan is a rural village.
Typical coverage within the village centre zoning of 70% will
be acceptable. A particular site coverage standard shall be
acceptable only where it is consistent with other standards
such as open space requirements, car parking, plot ratio,
building lines and building heights, fire safety and building
regulations together with the amenity of adjoining dwellings.
Plot Ratio
The purpose of plot ratio standards is to prevent the adverse
effects of over-development on the layout and amenity of
buildings on the one hand and to ensure an adequate sense
of enclosure and the efficient and suitable use of serviced
land on the other hand.
Plot Ratio = Gross building floor area
Gross site area
The gross floor area is the sum of all floor space within the
external walls of the buildings, excluding plant, tank rooms
and car parking areas. The gross site area is all land within
the curtilage of the site.
A maximum plot ratio of 1.0 may be acceptable in the
village centre zoning. Lower ratios in the order of 0.5 to 0.75
are recommended in other zoned locations.
In considering applications for redevelopment of existing
sites, due regard will be had to the established plot ratio.
Building Height
The appropriateness of building heights will be considered
having regard to the issues of overlooking, overshadowing
and the overall quality of design demonstrated. The
undulating topography of the area should also be taken into
account when assessing planning applications.
(1) The height of new or altered developments does not
have to be held to that of immediate adjoining properties,
but should minimise potential localised disamenity.
In general, heights should respect the local villagescape.
New developments or alterations will not be allowed to
prejudice the setting or views of the Record of Protected
Structures, Sites and Monuments, landmark buildings,
Architectural Conservation Areas etc.
(2) Exceptions may include structures that reinforce the
urban form or are designed as landmark structures in relation
to their particular setting.
(3) Kildare County Council will encourage the greater
utilisation of sites close to the town centre. In line with this,
the Council will examine the design of new buildings in
terms of height and scale on a case by case basis.
(4) Additional control measures to minimise overlooking and
overshadowing caused by any potential increases in height
are as follows:
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