COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL
MEETING OF LAND USE PLANNING AND TRANSPORTATION SPC
Thursday, October 04, 2018
HEADED ITEM NO. 3
HEADED ITEM: L. Planning & Transportation
Draft Urban Development and Building Heights Guidelines for Planning Authorities
REPLY:
Draft Urban Development and Building Heights Guidelines for Planning Authorities Consultation Draft (August 2018)
- Background
On 9 August 2018, the Minister for Planning, Housing and Local Government (the Minister) published the “draft Urban Development and Building Heights Guidelines for Planning Authorities (August 2018)” (the Guidelines) for public consultation.
The purpose of Guidelines is to set out national planning policy on building heights in relation to urban areas, building from the strategic policy framework set out in Project Ireland 2040 and the National Planning Framework (NPF).
The Guidelines seek to:
(i) Develop NPF policy in relation to building height (NPO 13);
(ii) Provided planning authorities with strategic policy considerations/performance criteria assessing proposals for taller buildings alongside statutory development plans policy; and
(iii) Promoting brown field consolidation for housing, employment or other purposes, by increasing building height in existing urban areas.
- Content
The Guidelines contain 4 Specific Planning Policy Requirements (SPPR) which South Dublin County Council (SDCC) and An Bord Pleanála will be required to have regard to in carrying out their functions. In the interest of brevity, the implications of each SPPR addresses separately under each heading.
SPPR 1
In accordance with Government policy to support increased building height in locations with good public transport accessibility, particularly town/ city cores, planning authorities shall explicitly identify, through their statutory plans, areas where increased building height will be actively pursued for both redevelopment and infill development to secure the objectives of the National Planning Framework and Regional Spatial and Economic Strategies and shall not provide for blanket numerical limitations on building height.
This SPPR require planning authorities, through their statutory plans, to include a policy position which promotes increased building height in town and city cores which are served by public transport.
Comment
The intent of the SPPR is already complied with in the South Dublin County Development Plan 2016 – 2022 (the Development Plan), the Planning Schemes for the Adamstown and Clonburris Strategic Development Zones (SDZs), and various Local Area Plans (LAPs).
SPPR 2
In driving general increases in building heights, planning authorities shall also ensure appropriate mixtures of uses, such as housing and commercial or employment development, are provided for in statutory plan policy. Mechanisms such as block delivery sequencing in statutory plans could be utilised to link the provision of new office and residential accommodation, thereby enabling urban redevelopment to proceed in a way that comprehensively meets contemporary economic and social needs, such as for housing, offices, social and community infrastructure, including leisure facilities.
This SPPR identifies increased building heights as a mechanism for the delivery of mixed use urban regeneration areas which are subject to robust implementation strategies embedded in statutory plans.
Comment
The intent of the SPPR is already complied with in the Development Plan, SDZ’s, and LAPs. It is recommended that this SPPR is amended to included reference to use of phasing programmes. Draft Urban Development and Building Heights Guidelines for Planning Authorities Consultation Draft (August 2018)
SPPR 3
It is a specific planning policy requirement that where;
- An applicant for planning permission sets out how a development proposal complies with the criteria above; and
- The assessment of the planning authority concurs, taking account of the wider strategic and national policy parameters set out in the National Planning Framework and these guidelines;
then the planning authority may approve such development, even where specific objectives of the relevant development plan, local area plan or planning scheme may indicate otherwise.
This SPPR enables a planning authority to set aside the specific objectives of the relevant development plan, local area plan or planning scheme if a development proposal meets specific assessments in relation to micro climatic effects, impacts on protected bird/bat species, telecommunications, air navigation and environmental assessment (SEA, EIA, AA etc.).
Comment
It is recommended that the SPPR is amended to include the requirement for a design statement in relation to LAP where there is a departure from specific objectives of the relevant development plan or LAP.
It is recommended that this SPPR is amended to omit reference to SDZ’s. SDZ’s are informed by a carefully thought out and evidence based urban design framework which deliver height strategies focused on the principles of place making. Furthermore, SDZ’s are prepared as part of an openly democratic plan making exercise and subject to public inquiry, by way of an oral hearing to An Bord Pleanála. It appear to be a retrograde step to introduce an opportunity to depart form the height objectives of the Planning Scheme in relation to a specific development proposal particularly when there is no right of third party appeal.
SPPR 4
It is a specific planning policy requirement that in planning the future development of greenfield or edge of city/town locations for housing purposes, planning authorities must secure:
- The minimum densities for such locations set out in the Guidelines issued by the Minister under Section 28 of the Planning and Development Act 2000 (as amended), titled “Residential Development in Urban Areas (2007)” or any amending or replacement Guidelines;
- A greater mix of building heights and typologies in planning for the future development of suburban locations; and
- Avoid mono-type building typologies (e.g. two storey or own-door houses only), particularly, but not exclusively so in any one development of 100 units or more.
The intent of this SPPR is to ensure that planning application for 100 or more residential units in suburban locations meet national policy in relation to densities, building heights and typologies. It is noted that development of 100 or more residential units fall within the ambit of the Strategic Housing Development legislation which allow for applications directly to An Bord Pleanála.
Comment
It is recommended that this that this SPPR be amended to include reference to the requirement for a mandatory Masterplan/Urban Design Framework to be prepared by a planning authority or at their request, to accompany all planning applications for the future development of greenfield or edge of Draft Urban Development and Building Heights Guidelines for Planning Authorities Consultation Draft (August 2018) city/town locations for all uses (housing/mixed/commercial/retail) where an existing LAP/SDZ Planning Scheme is not in operation.
- Conclusion
The closing date for responses in respect of this consultation was 5pm on 28 September 2018. The Minister has indicated that the Guidelines will finalised this month and given formal statutory status.
Once finalised by the Minister, SDCC and An Bord Pleanála will be required to have regard to the guidelines and apply any SPPRs of the Guidelines, in carrying out their functions.
What this effectively means is that the SPPRs will take precedence over any existing contrary or opposing policies/objectives of in the Development Plan, SDZs, and LAPs. Where such policy/objective conflicts arise, SDCC will have to amend the Development Plan, SDZs, and LAPS to reflect the content and requirements of the Guidelines.