Table 3.5: Development Criteria for land in Western Environs
Parcel  name	Area in  hectares (gross)	Character  of area	The following Infrastructure must be in place before this parcel can develop	The following non-residential facilities must be in place within the plan area before housing can be developed in this parcel	This Parcel Must Contain	This Parcel May Contain
Block E	3.90	Higher Density Residential	1.     Upgrade of Kilmanagh Road between Point ‘29’ and Point ‘39’ 2.     Inner Relief Road/Circular Rd. between Point ‘’22’ and Point 29’ 3.     Inner Relief Road/Circular Rd. between Point ‘’22’ and Point 3’ 4.     Distributor Road between Point ’37 and Point ‘26’ 5.     Upgrade of the Callan Rd. from Point ‘3’ to Point ’5’. 6.     Water mains from Point ‘26’ to Point ‘37’ 7.     Foul water sewers from point ‘37’ to outfall at point ’42’. 8.     Surface water sewers from point ‘37’ to outfall at point ‘31’. 9.     Water mains foul and surface water drains, gas, electricity, tv and telecom services to serve the development.		Residential development at a mean density of 36-40 residential units/hectare (14.5-16/acre)   A crèche or other pre-school facility   Open Space LP12, laid out and landscaped (incorporating a play area) and with a management agreement in place to the satisfaction of the planning authority.	Bed and breakfast/guesthouse Clinic or surgery Community facilities Convenience store(s) of not more than 100 m sq. gross floor area. Crèche and/or playgroup Halting site/group housing scheme Hotel, public house, restaurant, café Live/work units and small workshops Public service installation Retirement and/or nursing home
Block P	12.70	Medium/Higher Density Residential	1.     Upgrade of the Callan Rd. from Point ‘3’ to Point ’5’. 2.     Distributor road from point ‘7’ to Point ‘10’ 3.     Distributor road from Point ‘8’ to Point ‘11’. 4.     Inner Relief Road from Point ‘3’ to point ‘12’. 5.     Water mains from Point ‘2’ to Point ‘8’ 6.     Water mains from Point ‘3’ to Point ‘12’ 7.     Water mains from Point ‘8’ to point ‘11’ 8.     Foul water sewers from points ‘7’, ‘10’ , ‘3’ and ‘12’ to outfall at point ‘13’. 9.     Surface water sewers from points ‘7’, ‘10’, ‘3’ and ‘12’ to outfall at point ‘32’. 10. Water mains foul and surface water drains, gas, electricity, tv and telecom services to serve the development.	Either open space area P2, with title transferred to the local authority, laid out and landscaped to the satisfaction of the planning authorities.	Residential development at a mean density of 33-40 residential units/hectare (13-16/acre)   A crèche or other pre-school facility   Open Space LP7, laid out and landscaped (incorporating a play area) and with a management agreement in place to the satisfaction of the planning authority.	Bed and breakfast/guesthouse Clinic or surgery Community facilities Convenience store(s) of not more than 100 m sq. gross floor area. Crèche and/or playgroup Halting site/group housing scheme Hotel, public house, restaurant, café Live/work units and small workshops Public service installation Retirement and/or nursing home.
Block Q	8.25	Medium Density Residential	1.         Extension of the 30 mph speed limit to Point on the Callan Road 2.         Upgrade of the Callan Rd. from Point ‘1’ to Point ’5’. 3.         Distributor road from Point ‘2’ to Point ‘7’. 4.         Water mains from Point ‘2’ to point ‘7’ 5.         Foul sewers from point ‘7’ to outfall at point ‘5’ 6.         Surface water sewers from point ‘7’ to outfall at point ‘4’ 7.         Water mains foul and surface water drains, gas, electricity, tv and telecom services to serve the development.		Residential development at a mean density of 33-36 residential units/hectare (13-14.5/acre) A crèche or other pre-school facility Open Space LP6, laid out and landscaped (incorporating a play area) and with a management agreement in place to the satisfaction of the planning authority.	Bed and breakfast/guesthouse Clinic or surgery Community facilities Convenience store(s) of not more than 100 m sq. gross floor area. Crèche and/or playgroup Halting site/group housing scheme Hotel, public house, restaurant, café Live/work units and small workshops Public service installation Retirement and/or nursing home.

 

Objective: To implement the vision, policy and objectives of the Western Environs Local Area Plan 2004 for the development of the area.

 

3.4.2       Loughmacask

The Loughmacask LAP was adopted in 2008^[10]. This LAP divided the area into ten parcels, from A through J, and set out a strict programme for the delivery of key infrastructure in conjunction with the development of each parcel.  The life of the plan will continue until 2018 when progress on its implementation will be reviewed.

 

3.4.3       City Centre Area

Since the adoption of the 2008 – 2014 Development Plan, the international drinks company Diageo announced that it would close its existing facility on the former Smithwick’s brewery site. It is expected that production will cease at the end of 2013 and the site will be decommissioned.

Kilkenny Local Authorities have agreed to purchase the site from Diageo. The site is about 5.5 ha in size and stretches from Bateman Quay to Greens Bridge.  The site is dissected by the Central Access scheme and the River Breagagh.

 

In the 2008 – 2014 Development Plan it was zoned for industrial use, reflecting its historical use.  It is proposed to change that zoning to general business   as the site offers a very significant resource for the city centre and new uses are needed in the context of the overall vision for the City and Environs.

 

City Centre Local Area Plan

The City Centre LAP was adopted by the Borough Council in 2005.  The City Centre LAP has expired, but notwithstanding this, the Borough Council will continue to implement the following provisions. 

 

The City Centre Local Area Plan acknowledges the added dynamism and interest that particular non-retail uses, specifically cafes, restaurants, public houses and bars (but excluding fast food outlets) can bring to a retail centre.  However there is a need to strike a balance between the need to maintain the dominant role of the retail function of the city centre and the wider aim of increasing the city centre population and protecting the amenities of existing residents.  The Local Area Plan states that such uses will be encouraged to locate in the area but should be dispersed to prevent a clustering and that a high quality of design should be achieved.

Policy P.L.U.4 of the Local Area Plan states:

The Borough Council will have regard to the following considerations in the assessment of applications for change of use in the retail core:

 

·         The number and proximity of similar uses already operating in the immediate area.

·         The scale of the proposed outlet.

·         The physical impact of the proposed use on the internal structure of the building in which it will be located.

·         The quality of the shopfront design and associated signage.

·         The relevant Specific Objectives of this Local Area Plan in respect of inappropriate land uses and the public realm.

 

For Public House and entertainment use the Council will control the location, size and activities of entertainment uses that are likely to attract significant numbers of people, in particular public houses with large floor areas with or without other entertainment and night clubs, in order to safeguard the general amenity, environmental quality, residential amenity, character and function of the area.

 

In applications for such developments the onus will be on the applicant to demonstrate that the proposed new entertainment use, or extension to existing use or variation in opening hours would not cause harm to general amenity, environmental quality, residential amenity or the established character and function of the area.

Section 2 of the City Centre Local Area Plan contains a development strategy for the city centre consisting of traffic management and urban design policies.  The Borough Council will continue to implement the provisions of section 2 of the LAP relating to transport, car parking, urban design and land uses.

In the interests of clarity where a conflict arises between the original LAP document and the adopted City and Environs Development Plan then the Development Plan will take precedence.

Section 3 of the City Centre Local Area Plan contains urban design frameworks for 11 identified sites within the plan area.  The Borough Council will also continue to implement the provision of Section 3 relating to the urban design frameworks and land uses for specific sites.  There are broad urban design objectives for each site along with illustrations of indicative layouts for each site.  These illustrations are intended to be indicative only and the final proposals for each site will be dependent on a detailed design exercise for each site.

Site 2 of the City Centre LAP identified Bateman Quay as a redevelopment opportunity.  With the closure of the Diageo (Smithwick’s) brewery in the city a redevelopment opportunity will become available to the local authorities within the Plan period. This site is immediately adjacent to Bateman Quay.  It is considered appropriate that the redevelopment of the Bateman Quay site should be considered in the context of the redevelopment of the Diageo lands.

Objectives:

• To prepare a master plan and urban design framework for the Smithwick’s site and Bateman Quay during the lifetime of the development plan.
• To implement the provisions of sections 2 of the City Centre LAP relating to transport, car parking, urban design and land uses.
• To implement the provisions of Section 3 of the City Centre LAP relating to the urban design frameworks and land uses for specific sites.

 

3.4.4       Employment Land

As part of the development strategy, the major employment areas are shown on Figure 3.1. These are located south of the N10 Ring Road at Smithsland, Joinersfolly, Loughboy and Danville, the Hebron Road, Purcellsinch and a Business Park zoning at Leggestrath.  These land banks are strategically located close to existing transportation corridors such as the N9/N10, the Ring Road extension and the N10 motorway link.

In all a total of approximately 167ha (412 acres) of greenfield land is available in the various business and industrial zones.  South of the N9/N10 at Smithsland, Joinersfolly, Loughboy and Danville is a strategic parcelling of lands that can cater for Enterprise, Business and Technology parks for Foreign Direct Investment through the IDA and quality industrial lands catering for small and medium enterprises.  In this area there are 106 acres of greenfield uncommitted land available for development. There is also a further 25 acres of zoned land where permission has been granted for 21 serviced industrial sites.

This approach enables a clustering of businesses and firms including those involved in interrelated activities thereby providing for critical mass of economic activity at one specific location.

Mixed Use zonings

In order to stimulate re-development along the Hebron Road, a new mixed use zoning was introduced in the 2008 – 2014 Development Plan. This was in recognition of the anticipated completion of the M10 Motorway project resulting in the Hebron Road becoming one of the main entrance points to the city.  The historical land uses along the Hebron Road do not reflect or promote the future role of this road as an entrance corridor to the city.  A limited amount of redevelopment has taken place but there is considerable road frontage to be redeveloped. It is considered appropriate therefore to continue this mixed use zoning.

Any development that takes place along this corridor will have to reflect and promote the role of the Hebron Road as the main entrance corridor to the city. This will require a high quality built environment.

3.4.5        Zoning Objectives

The purpose of zoning is to indicate to property owners and the general public the type of development which the Planning Authority 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 create a basis for investment in public and private infrastructure and facilities thereby ensuring that land suitable for development is used to the best advantage of the community as a whole.  (See Figure 3.3 Zoning Objectives) 

Zoning policy must also have regard to the strategic policies underlying the Development Plan. These include the principles of sustainable development, the integration of land use and transportation planning, the concept of the compact city, the neighbourhood strategy and the protection of natural resources.

The criteria for zoning policy are:

·         National/Regional/Local Policy Context. (i.e. the NSS, South East Regional Planning Guidelines, etc.)

• Core Strategy outlined in Section 3.3
• Assessment of need for housing
• Sequential approach
• Water, drainage and road infrastructure (existing and planned)
• Kilkenny City Smarter Travel Plan
• Supporting infrastructure (social, community, commercial, existing and planned)
• Physical suitability
• Environmental policy (ground and surface water quality, flooding, etc.)
• Heritage policy
• Flood Risk assessment

The zoning strategy is designed to ensure that adequate, suitably located and serviced land is available to cater for the orderly development of the City and Environs having regard to:

• The need to deliver a compact urban form for the City & Environs and reduce urban sprawl
• The need to reduce reliance on private transport
• The maintenance of a clear line between the built-up urban area and the rural area
• The promotion of sustainable residential densities in the City & Environs
• The promotion of balanced development between different areas of the City & Environs.
• The promotion of the neighbourhood concept.
• The maintenance of a vibrant and vital city centre

In this section:

Permitted Use means a use which is acceptable in the relevant zone.  However, it is still the subject of the normal planning process.  Uses listed under each zoning objective are generally acceptable in principle in the relevant zones.  The schedule of Permitted Uses is intended as a guideline in assessing development proposals and should not be regarded as being exhaustive.

Open for Consideration means a use which may be permitted where the Planning Authority is satisfied that the suggested form of 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. 

3.4.5.1       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.

Permitted Uses: Agriculture, horticulture, public service installations.

Open for Consideration: Public Open Space, guesthouse, restaurant, dwelling houses in certain limited cases as outlined below, halting site, private open space, other uses not contrary to the proper planning and development of the area.

 

Housing on lands Zoned for Agriculture

On lands zoned for agriculture, housing will be restricted to the following categories of persons:

- Immediate members of farmer’s 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.

 

3.4.5.2       Low-density Residential

Objective: To protect, provide and improve residential amenities at low density. Low density housing is defined as not more than 10 units per ha (4 per acre) on average and must have regard to the character of the area.

Permitted Uses: Dwellings, open spaces, places of worship, community facilities, halting sites, public service installations, childcare facility, nursing homes, Bed and breakfast establishments and guesthouses, home-based economic activity, parks and open spaces, playing fields, local convenience shop, nursing homes, and medical centre.

Open for Consideration: public house, hotel, restaurant.

 

3.4.5.3       Residential

Objective: To protect, provide and improve residential amenities.

Permitted Uses: Dwellings, open spaces, places of worship, community facilities, halting  sites, public service installations, childcare facility, nursing homes, Bed and breakfast establishments and guesthouses, home-based economic activity, parks and open spaces, playing fields, local convenience shop, nursing homes, and medical centre.

Open for Consideration: public house, hotel, restaurant.

 

3.4.5.4       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.

 

3.4.5.5       Neighbourhood Centres

Objective: To provide for local shopping, non retail services, community and social needs.

Permitted Uses: Supermarket (for local neighbourhood needs only), newsagents, 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 house, coffee shop, travel agents.

Open for Consideration: open space, workshop or light industry above street level, off license, residential.

 

3.4.5.6     Amenity / Green links/Biodiversity conservation/ Open Space/Recreation

Objective: To allow for green links and biodiversity conservation and to preserve, provide and improve recreational open space.

Permitted Uses: Open space, sports clubs, recreational buildings, stands, pavilions, agricultural uses, halting site, and public service installations.

 

3.4.5.7       Community Facilities

Objective: To protect, provide and improve community facilities.

Permitted Uses: First, second and third level Educational facilities, incubator businesses linked to established third level facilities, religious and cultural facilities, public buildings, schools, churches, hospitals, convents, community centres and halls, school playing fields, colleges, orphanages, hostels, halting sites, cemeteries, libraries, public service installations and nursing homes.

 

3.4.5.8       Industrial/Warehousing

 

Objective: To provide for industrial employment and related uses.

Permitted Uses: General industrial uses and ancillary offices, open spaces, warehouses, car and heavy vehicle parks, petrol filling stations, civic amenity/recycling centre, local convenience shop, Automated teller machines, car showrooms, advertisement structures, wholesale premises, public service installations, play school/crèche, repair garages, telecommunications structure, waste transfer stations, single retail warehousing units (excluding retail warehousing parks).

Open for Consideration: science and technology based industry, restaurant, halting sites.

3.4.5.9       Industrial/ 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 environment.

Permitted Uses: Industrial premises and office based industry, Car parks, crèches, local convenience shop, Automated teller machines, open spaces, warehouses, third level education and research.

Open for consideration: recreational use/buildings, public service installations and conference facilities, restaurant, waste transfer stations.

 

3.4.5.10  Business Park

Objective:  To provide for commercial activity including industry, information technology-related industrial and office development and ancillary services and retail warehousing.

Permitted Uses: Car park, park and ride facility, childcare facility, community facility, enterprise centre, funeral home, light industry, medical and related consultants, office based industry, science and technology based industry, car showrooms, local convenience shop of not more than 100m2 (gross), automated teller machines, restaurant, conference facilities, public service installations, hotel, warehousing, including retail warehousing[11].

Open for consideration: recreational use/buildings, public service installations and waste transfer stations.

Not Permitted: retailing other than retail warehousing

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.

 

3.4.5.11  Mixed Use

Objective: To consolidate and facilitate the development of inner suburban sites for mixed use development which will allow for commercial and residential uses.

Permitted Uses: Dwellings, open spaces, places of worship, community facilities, halting sites, nursing homes, Bed and breakfast establishments and guesthouses, home-based economic activity, parks and open spaces, playing fields, car park, park and ride facility, childcare facility, community facility, enterprise centre, funeral home, light industry, medical and related consultants, office based industry, science and technology based industry, local convenience shop, automated teller machines, restaurant, conference facilities, public service installations, hotel, warehousing, including retail warehousing[12], discount foodstore.

Open for Consideration: recreational use/buildings, waste transfer stations and public house.

3.4.5.12  Agricultural Trade

Objective: To develop a centre of excellence and one stop shop for agricultural related trade and activities with an emphasis on high value added activities, by providing for and improvement of agricultural trade, related uses and ancillary activities and services and to provide for industrial employment and related uses.

Permitted Uses: Livestock market, and related uses and agricultural trade, Agricultural science and technology based industry, local convenience shop, automated teller machines, restaurant, Farm/agricultural business, Farm advisory business, Veterinary suppliers, Veterinary practitioners, general industrial uses and ancillary offices, open spaces, warehouses, car and heavy vehicle parks, petrol filling stations, civic amenity/recycling centre, car showrooms, advertisement structures, wholesale premises, play school/crèche, repair garages, telecommunications structure, public service installations, waste transfer stations, garden centre.

Not Permitted: the sale of higher order comparison goods as found in town centres, significant levels of non-agricultural related-office/commercial development. The total of industrial and related uses should not extend to more than 40% of the entire floor area of buildings on site.

 

3.4.5.13  Non-Conforming Uses

Throughout the City and Environs there are uses which do not conform to the zoning objectives for the area.  Extensions 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 Planning Authority may encourage relocation of permitted incompatible uses, for example by exchange of sites.

3.4.5.14  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 use zones.  In these areas, it is necessary that developments are designed in a manner which would not 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, density and appearance of development proposals and to landscaping and screening proposals in order to protect the amenities of these residential areas.

 

3.4.6       Zoning Map Objectives

 

Land Use Objectives

Z1- Robertshill Mixed Use Zoning

1. No vehicular connection to be permitted between the Central Access Scheme and Kennyswell Road through the site.

2. Public open space to be provided along the Breagagh River, to form part of the Breagagh Regional Park.

3. Any residential component of the site to be readily accessible from the parklands.

4. An overall Framework Plan of the entire site shall be submitted at planning application stage.

5. Any development on the site must have due regard to the amenities of existing residences.

 

Z2 - Dublin Road Mixed Use - Significant development proposals must be made in the context of a long term vision for the redevelopment of the entire Mixed use zone as set out in a development framework acceptable to the Planning Authority.

Z3 – Hebron Road-

To prepare an Urban Design Framework Plan for the Hebron Road as the main entrance corridor to the City.

 

Z4 - Bleach Road Woolen Mills - The Council will consider development proposals which provide for:

·         securing a sustainable use of the protected structures,

·         protection of the River Nore SAC and

·         securing the objectives for the creation of the River Nore Linear park

 

Any such development proposals on the land will be assessed taking into account all relevant Development Plan policies in relation to heritage, conservation, open space and recreation and traffic.

Z5 - Nuncio Road – any development of this site must include for an appropriate level of open space which will be designed and laid out in a manner that will provide for a local pocket park to serve the general area.

Z6 Newpark Hotel - any development at this location shall be subject to the Planning Authority being satisfied that there will be no long term impact on the water regime of the Fen and that public access to the Fen will be enhanced.

Z7 - Waterford Road - Having regard to the location of the land at the junction of Waterford Road (Regional Road), Bohernatounish Road and Nuncio Road and notwithstanding the development of a discount retail store on the lands and having regard to residential zoning on the site, further development at this location can include for a mix of uses such as crèche, medical centre, other non retail uses such as personal and professional services along with office use. The proportion of non-residential uses can be greater than that of residential but in the mix of uses proposed on the land there shall be a significant proportion devoted to residential use.  Any development proposal on this site shall address the entire block. No additional retailing shall be considered for the site.

Z8 - Robertshill, Circular Road - Having regard to the extent of residential development in the area, development at this location shall include for a mix of uses such as a small shop, crèche, other non-retail uses such as hairdressers and irrespective of the residential zoning, a small amount of office space. The quantum of non-residential mixed uses can be greater than that of residential subject to any proposal meeting the normal quantitative standards and other policy requirements of the Development Plan.

Z9 - Newpark Upper, Johnswell Road – to facilitate appropriately-scaled development in accordance with the Business Park zoning and to provide for the creation of a linear park along the River Pococke through these lands with public access and appropriate linkages.

Z10 - St. Canice’s Hospital - To work with the HSE and other relevant stakeholders in the preparation of a framework plan for the most appropriate land uses within the grounds of St Canice’s Hospital. Such a framework plan shall take account of all the existing land uses and develop a framework for the appropriate land uses and urban design criteria for the lands.