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Lough Gur Environmental Management Study February 2009

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24<br />

The Planning Authority will exercise a high level of control (layout design, siting, materials used,<br />

landscaping) on developments in these areas. In such areas site specific designs are required. It<br />

should be noted that in areas outside these delineated areas, high standards will also be required.<br />

The Development Plan further recognises the amenity and archaeological importance of <strong>Lough</strong> <strong>Gur</strong><br />

by including specific policy objectives for its protection and, in particular, by defining an area of<br />

Special Development Control. Policy ENV 13: <strong>Lough</strong> <strong>Gur</strong> Landscape Character Area of the<br />

Environment and Heritage Chapter of the Development Plan states that:<br />

(a) It is the policy of the Council to safeguard the visual amenity of the area and to have regard<br />

to the views and prospects in and out of <strong>Lough</strong> <strong>Gur</strong>.<br />

(b) To have regard to the archaeological importance and richness of the area indicated in Map 7.5<br />

as a zone of archaeological amenity. Any developments within the zone will be required to<br />

provide for an archaeological examination during the course of excavations or other ground<br />

disturbance.<br />

(c) To safeguard the existence of Natural Heritage Areas and the Wildfowl sanctuary when<br />

assessing applications for development in the area.<br />

(d) There will be a presumption against development, including residential development, in the<br />

area of Special Development Control, shown on Map 7.5, except in exceptional circumstances.<br />

Appropriate tourism development and extensions to existing properties, which respect the special<br />

character of <strong>Lough</strong> <strong>Gur</strong>, will be considered.<br />

In consideration of Archaeological Heritage Policies generally, the Development Plan indicates that<br />

developers should take into account the archaeological provisions of Table 12.1 and the following<br />

Section 12.5.2 of the Development Control Guidelines:<br />

In cases where it is deemed that the Archaeological Heritage would be affected by a proposed<br />

development (due to their location, size or nature), the Planning Authority will require an<br />

archaeological assessment. The applicant will be formally requested, as part of the planning<br />

process to have a report prepared by an archaeologist on the archaeological implications, if any,<br />

of the proposed development either prior to a decision on a planning application or prior to<br />

commencement of development on site. In relation to development proposals the planning<br />

authority will adopt a policy of archaeological monitoring which will be required on developments<br />

where the scale and nature of such developments may, in the opinion of the planning authority,<br />

have a negative impact on previously unknown archaeological features/artefacts. In areas of<br />

residential zoning, consideration will be given to applicant monitoring the entire area rather than<br />

considering individual applications within this zoned area on its merits.<br />

In relation to archaeological assessment of sites, applicants will also be required to define the<br />

buffer area or area contiguous with any monument which will preserve the setting and visual<br />

amenity of the site. The area of the monument and buffer should not be included as part of the<br />

open space requirement demanded of specific developments but should be additional to the<br />

required open spaces. Developers are also advised of additional requirements under the National<br />

Monuments (Amendment) Act, 1994.<br />

<strong>Lough</strong> <strong>Gur</strong> <strong>Environmental</strong> <strong>Management</strong> <strong>Study</strong>

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