l o u g h m a c a s k draft local area plan 2 0 0 7 - 2 0 1 3 · 2008. 4. 9. · 2 0 0 7 - 2 0 1 3 K i l k e n n y C o u n t y C o u n c i l K i l k e n n y B o r o u g h C o u n

l o u g h m a c a s kd r a f t l o c a l a r e a p l a n

2 0 0 7 - 2 0 1 3

K i l k e n n y C o u n t y C o u n c i lK i l k e n n y B o r o u g h C o u n c i l

M a n a g e r ’ s R e p o r tM a r c h 2 0 0 8

Loughmacask Local Area Plan Managers Report

March 2008 1

CONTENTS Part A Introduction Part B List of Submitters Part C Summary of Submissions

Manager’s Response Manager’s Recommendations

Appendix A Summary of Proposed Amendments Appendix B Areas subject to Flooding


March 2008 2


March 2008 3

Part A - INTRODUCTION Introduction As part of the formal statutory process in the preparation of the Loughmacask Local Area Plan, a Manager’s Report must be prepared pursuant to Section 20 of the Planning and Development Act 2000 as amended. The Manager’s Report is a key element of the process, focusing and making recommendations in regard to the submissions and observations received from all interested parties, following publication of the Draft LAP. Consultation Process on the Draft Plan Pursuant to Section 20 of the Planning and Development Act 2000, the consultation process has enabled all interested parties and bodies to give their observations to the Draft Local Area Plan. Following initial publication, a total of 10 written submissions and observations were received in regard to the Draft Loughmacask LAP. The submissions were considered and material changes made to the draft LAP area, by the resolution of the Kilkenny County and Borough Council’s on 10 and 17 December 2007, respectively. Pursuant to the provisions of the 2002 Planning & Development (Amendment) Act, the amendments made by the Council to the LAP were notified and placed on public display for four weeks (from 7 January to 4 February 2008). A total of six further submissions

were received in regard to the amendments made to the draft Loughmacask LAP. A full list of the individuals and groups who made submissions is contained in Part B of this report. A range of issues arose from the submissions and observations received. By way of summary, these included:

• Should the existing GAA sports pitches be relocated in the future, consideration should be given to these lands for residential and/or commercial purposes.

• It is inappropriate to develop high density residential adjacent to the Loughmacask Roundabout on the Inner Relief Road. The proposed residential densities are considered inappropriate, and the area is subject to flooding and frequented by wildlife.

• Consideration should be given to the provision of an additional access leading east off the Inner Relief Road, in the vicinity of the proposed village.

• Lands currently zoned Industrial and occupied by Grassland Fertilisers be rezoned as Neighbourhood / Village Centre; and that adjacent lands currently zoned as industrial and open space be rezoned for residential purposes.

• Parcel E to be included in phase 1. The written submissions have been analysed and considered by the project team involved in the preparation and making of the Loughmacask LAP, are summarised individually, and the response and recommendations of the Manager are set out in Part C of the report.


March 2008 4

Next Steps Following the distribution of the Manager’s Report, the Members must consider the proposed amendments and the Manager’s Report before deciding to adopt the plan in accordance with the Manager’s recommendation or adopting the plan other than in accordance with the recommendation of the Manager’s Report, on or before 14 April 2008. During the entire plan-making process, the Council must take into account any statutory obligations and relevant Government policies and objectives in force whilst also considering the proper planning and sustainable development of the Plan area.


March 2008 5

Local Area Plan Timetable

Timescale Action

5 October – 16 November 2007 Preparation of County Manager’s Report on all submissions and observations received.

19 November – 28 December 2007

Councillors consider the Managers Report and Draft LAP. If the Draft LAP is to be varied or modified, other than as recommended by the Manager, then variations or modifications MUST go back out on public display. Otherwise, the Members may adopt the LAP.

18 December 2007 – 7 January 2008

Prepare variation or modifications – amendments document to the Draft LAP. Publication of notice advertising public display of amendments.

8 January – 4 February 2008

Display period of amendments document. Submissions are invited relating SOLELY to the material variations or modifications.

5 February – 3 March 2008

Preparation of Manager’s Report on any submissions or observations and submission of the report to the Members, no later than 8 weeks after giving of the above notice.

4 March – 14 April 2008

Councillors consider the proposed amendments and Manager’s Report. Adoption of the LAP


March 2008 6

PART B – LIST OF PERSONS AND PARTIES WHO MADE FURTHER SUBMISSIONS

Note: Numbers listed below correspond with the submissions and recommendations in Part C below.

1. Liam McGree and Associates Limited on behalf of Dicksboro GAA Club. 2. Dr. Kieran and Mrs. Anne Carroll. 3. Bluett and O’Donoghue Architects on behalf of MCP Group. 4. Mr. Alan Larken. 5. Simon Clear and Associates on behalf of D. Walsh and Sons Ltd. And Grassland Fertilisers Kilkenny Ltd. 6. Bluett and O’Donoghue Architects on behalf of Eugene Pembroke.


March 2008 7

PART C – SUMMARY OF SUBMISSIONS, MANAGERS RESPONSE, & MANAGERS RECOMMENDATIONS

Summary of Submission Discussion and Manager’s Recommendation

1. Dicksboro GAA Club

a) This further submission is made in regard to amendment 5 to the

proposed Loughmacask LAP, made by resolution of the Kilkenny

County and Borough Council’s on 10 and 17 December 2007,

respectively.

The submitter seeks that additional wording (underlined below) be

added to Part 6 Implementation of the proposed LAP (as previously

amended by resolution of the Council), such that it reads as follows:

“It is understood that development of the proposed GAA pitches may

be found to be impracticable or unviable. If at the time of the review of

this LAP, this remains the case, the Council will seek to review the

situation and, where possible, assist Dicksboro in locating other lands

in the surrounding environs that may be appropriate for the

operations of the club. Should it become necessary for Dicksboro

GAA Club to vacate some or all of their lands in the future, in favour

of a more suitable location, the Councils shall, through a review or

a) Should the existing GAA facilities be relocated in the future, it may be

appropriate to consider residential and/or community land use over

some areas of the site, provided that a proportion of the linear park and

good access is retained through to the western boundary of the plan

area. Commercial activities are not considered appropriate in this area,

as such activities would be disconnected from the majority of

development and would not promote sustainable development

principles.

Having regard to the above discussion, it is recommended that the

proposed amendment No.5 be further amended to include the following

provision (refer Appendix 1, Amendment 1):

Existing Amendment: states:

“It is understood that development of the proposed GAA pitches may be

found to be impracticable or unviable. If at the time of the review of this


March 2008 8

variation of this LAP, give due consideration to the rezoning and use

of the club lands which are currently zoned for open space use. Such

consideration may include the potential use of the lands for residential

purposes and/or local commercial uses.”

LAP, this remains the case, the Council will seek to review the situation

and, where possible, assist Dicksboro in locating other lands in the

surrounding environs that may be appropriate for the operations of the

club.”

Proposed change states:

“It is understood that development of the proposed GAA pitches may be

found to be impractical or unviable. Should redevelopment proposals for

Dicksboro GAA Club come forward during the life of the Plan, the

Councils will respond positively to any redevelopment proposal by way

of amendment to the LAP subject to the proper planning and

sustainable development of the area. Such positive response may

include the potential use of a proportion of the lands for residential

purposes and/or community uses. Integral to the consideration of any

future rezoning shall be the retention of a proportion of the open space,

such that the concept of the linear park and green links referred to in Fig

27 of this LAP is retained.”


March 2008 9


2. Dr. Kieran and Mrs. Anne Carroll




respectively.

The submitter objects to the proposed variation to the LAP made as a

result of amendment 3, namely the rezoning of open space lands to

high density residential land use at the northern end of the plan area

(west of the Loughmacask Roundabout on the Inner Relief Road).

The submitter believes that the proposed density and location of

residential land use is inappropriate. The area of land subject to

variation is located in close vicinity to existing development, is not in

balance with proposed adjacent low to mid density residential

housing, will be located over an area subject to regular flooding, and

is a habit for wildlife. The submitter suggests that the area should be

developed as open space as opposed to residential land use.

a) The amendments to zoning objected to by the submitter relate to lands

adjacent to the proposed Loughmacask Roundabout on the Inner Relief

Road. Investigation shows that the area subject to amendment does not

coincide with the area of land subject to flooding, which lies directly east

of Loughmacask and below the proposed route of proposed Inner Relief

Road (refer Appendix 2 – Areas subject to Flooding). Further to this,

and as described below, it is not considered that the adverse effects of

development will be significant with regard to that area subject to

flooding.

Loughmacask pNHA is a small wetland site, which shows seasonal

characteristics similar to that of a turlough, and is protected for its

diverse wetland plant species. Loughmacask is located in a topographic

low point (approximately 52-53mOD) and is considered to be a

groundwater discharge feature for an underlying shallow sand/gravel or

watertable aquifer. The absence of notable surface water drainage to

the Lough suggests that it is primarily fed by groundwater discharge.

Thus the water level of the Lough most likely represents the watertable

at this location.


March 2008 10

To the east of Loughmacask, the proposed Kilkenny Inner Relief Road

will be constructed on an embankment, in the position where the

submitter’s photos show flooding to the east of the lane. There is the

potential for the weight of this overburden to compact highly permeable

horizons. However, based on the borehole data recorded to date within

the Loughmacask area, the thickness of the gravel/sand aquifer at this

location is greater than 20m, which will provide sufficient formation

thickness beneath the proposed Inner Relief Road to allow lateral flow.

Therefore, it is considered unlikely that the proposed Inner Relief Road

will significantly retard lateral groundwater flow. Notwithstanding this,

the proposed Inner Relief Road will also be designed to allow lateral

flow beneath the road structure, therefore no impacts are envisaged in

terms of altering the existing flow regime.

The areas susceptible to flooding east of the proposed Inner Relief

Road have not been identified by the ecologist as being of particular

interest. It is considered that biodiversity will be improved throughout the

LAP area by appropriate design and implementation of the linear park

and other green links shown within Fig 27 of the proposed LAP.

Notwithstanding the above, it is considered appropriate that a further


March 2008 11

provision be added to section 5.8 Sustainable Urban Drainage Systems

to ensure that if and when development takes place around the area

subject to flooding on the eastern side of the proposed Inner Relief

Road, that the site design has due regard to natural drainage patterns

and, where possible, seeks to maintain and enhance wetland features

(refer Appendix A, Amendment 2).

The provision of high density residential land use adjacent to the

proposed Loughmacask Roundabout is not considered inappropriate.

As iterated in the proposed LAP, high density is proposed along the

Inner Relief Road creating a strong urban edge with an appropriate

scale and openings along this main spine. In conjunction with proposed

low and mid density development throughout the LAP area, it is

considered that the high density development along the Inner Relief

Road will contribute to a well balanced community, providing

opportunities for a range of living options. Accordingly, no change is

recommended.


March 2008 12


3. MCP Group

a) The submitter made a submission to the draft Loughmacask LAP

which, amongst other matters, included site access to lands east of

the Inner Relief Road, in the vicinity of the proposed village centre. By

resolution of the Kilkenny County and Borough Council’s (on 10 and

17 December 2008, respectively), no amendments or changes were

made in regard to this aspect of the submitter’s submission

The submitter has now made a further submission seeking that the

Planning Authority consider the provision of an additional junction on

the Inner Relief Road to serve the Ayresfield neighbourhood in the

vicinity of the Village Centre. The submitter states that the proposed

junction is necessary to ensure the future development of the

submitter’s site is feasible from the perspective of access.

b) Further to the above, the submitter has expressed that:

1. The area zoned for Village Centre uses will be too small in size

and would benefit from expansion eastwards; and

2. The Council should adopt a positive policy in the LAP to

a) As the submission is not made in regard to any modification or

amendment resolved by the Council following the original submissions

to the draft LAP, it can not be given consideration.

Notwithstanding the above, it considered that should the proposed

access be shown to be necessary and appropriate at the time of

planning application for development of the subject site, its provision will

be given due consideration by the Council.

b) As the submission is not made in regard to any modification or

amendment resolved by the Council following the original submissions

to the draft LAP, it can not be given consideration.


March 2008 13

encourage mixed use development at ground level along the

Inner Relief Road close to the Village Centre. This would serve to

ensure that the Council’s own objective that the new road should

function more as an urban boulevard and less as a Distributor

Road would be realised.


March 2008 14


4. Mr. Alan Larkin




respectively.

The submitter objects to the proposed variation to the LAP made as a

result of amendment 3, namely the rezoning of open space lands to

high density residential land use at the northern end of the plan area

(west of the Loughmacask Roundabout on the Inner Relief Road).

The submitter believes that the proposed density and location of

residential land use is inappropriate. The area of land subject to

variation is located in close vicinity to existing development, is not in

balance with proposed adjacent low to mid density residential

housing, will be located over an area subject to regular flooding, and

is a habit for wildlife. The submitter suggests that the area should be

developed as open space as opposed to residential land use.

a) The amendments to zoning objected to by the submitter relate to lands

adjacent to the proposed Loughmacask Roundabout on the Inner Relief

Road. Investigation shows that the area subject to amendment does not

coincide with the area of land subject to flooding, which lies directly east

of Loughmacask and below the proposed route of the Inner Relief Road

(refer Appendix B – Areas subject to Flooding). Further to this, and as

described below, it is not considered that the adverse effects of

development will be significant with regard to that area subject to

flooding.

Loughmacask pNHA is a small wetland site, which shows seasonal

characteristics similar to that of a turlough, and is protected for its

diverse wetland plant species. Loughmacask is located in a topographic

low point (approximately 52-53mOD) and is considered to be a

groundwater discharge feature for an underlying shallow sand/gravel or

watertable aquifer. The absence of notable surface water drainage to

the Lough suggests that it is primarily fed by groundwater discharge.

Thus the water level of the Lough most likely represents the watertable

at this location.


March 2008 15

To the east of Loughmacask, the proposed Kilkenny Inner Relief Road

will be constructed on an embankment, in the position where the

submitter’s photos show flooding to the east of the lane. There is the

potential for the weight of this overburden to compact highly permeable

horizons. However, based on the borehole data recorded to date within

the Loughmacask area, the thickness of the gravel/sand aquifer at this

location is greater than 20m, which will provide sufficient formation

thickness beneath the proposed Inner Relief Road to allow lateral flow.

Therefore, it is considered unlikely that the proposed Inner Relief Road

will significantly retard lateral groundwater flow. Notwithstanding this,

the proposed Inner Relief Road will also be designed to allow lateral

flow beneath the road structure, therefore no impacts are envisaged in

terms of altering the existing flow regime.

The areas susceptible to flooding east of the proposed Inner Relief

Road have not been identified by the ecologist as being of particular

interest. It is considered that biodiversity will be improved throughout the

LAP area by appropriate design and implementation of the linear park

and other green links shown within Fig 27 of the proposed LAP.

Notwithstanding the above, it is considered appropriate that a further

provision be added to section 5.8 Sustainable Urban Drainage Systems

to ensure that if and when development takes place around the area


March 2008 16

subject to flooding on the eastern side of the proposed Inner Relief

Road, that the site design has due regard to natural drainage patterns

and, where possible, seeks to maintain and enhance wetland features

(refer Appendix 1, Amendment 2).

The provision of high density residential land use adjacent to the

proposed Loughmacask Roundabout is not considered inappropriate.

As iterated in the proposed LAP, high density is proposed along the

Inner Relief Road creating a strong urban edge with an appropriate

scale and openings along this main spine. In conjunction with proposed

low and mid density development throughout the LAP area, it is

considered that the high density development along the Inner Relief

Road will contribute to a well balanced community, providing

opportunities for a range of living options. Accordingly, no change is

recommended.


March 2008 17


5. D. Walsh and Sons Ltd. And Grassland Fertilisers Kilkenny Ltd




respectively.

The submitters state that the lands of the Grassland Fertiliser site and

adjoining lands should be zoned for a large neighbourhood / village

centre and residential use under the current LAP preparation process,

which will facilitate the relocation of the fertiliser plant. In addition, the

submitters seek a specific local objective be indicated on the lands to

be rezoned, as follows:

“To facilitate the relocation of the Grasslands Fertiliser Plant, Seveso

site.”

a) As stated in the initial Manager’s Report to the Loughmacask LAP

(November 2007), it is inappropriate to consider rezoning the lands of

the Grassland Fertiliser site and adjoining lands without a full

understanding of any impact that the operations may have had on

industrial and surrounding lands, which may otherwise require

decontamination. Rather, it is considered that any consideration to

residential, neighbourhood or village zoning should only take place once

…appropriate assessment and analysis of the site has been undertaken

to ensure its appropriateness for such activities.

Planning for the Loughmacask LAP area to date has not given regard

alternative uses of the Grassland Fertiliser site and adjoining open

space lands, except to ensure that the relevant Seveso directives will be

adhered to, to ensure the safety of future residents and visitors to the

area. Accordingly, it would be inappropriate and premature to rezone

the lands in question, particularly without undertaking the relevant urban

design, service, and health and safety studies required to ensure an

acceptable outcome for the lands. Accordingly, no change is

recommended.


March 2008 18


6. Eugene Pembroke

a) The submitter has a substantial land holding between Granges Road

and Lousybush Lane, identified within the LAP as Parcel E. Mr

Pembroke is willing to participate in the future development of the

Ayresfield neighbourhood and the early construction of the portion of

the Inner relief street in partnership with neighbouring landowners. In

order to facilitate such development by a willing consortium of

developers it is requested that the development of Parcel E be

included in phase 1.

a) Amendment 6 to the Draft Plan adjusted the boundary of Parcel E to

reduce its area and transfer part of it to Parcel B and phase 1, such that

phasing would be in line with land ownerships.

To include the entirety of Parcel E in phase 1 of development would not

be justified without delivery of the Inner Relief Street between point 1

and 17 and 7 and 10. Furthermore, it is considered that to allow such a

quantum of development within phase 1 would result in development

without the appropriate level of physical infrastructure in place to service

the same. Accordingly, no change is recommended.


March 2008 19

Appendix A Summary of Proposed Amendments Note: Proposed new text appears underlined and in italics. Amendment No. Proposed Amendment

1

Addition of the following text to Part 6 Implementation of the proposed LAP, at the end of section 6.1, as a note in regard to the

reference of further development of open space and recreation facilities, including improved GAA pitches in the Phase 2 discussion:

“It is understood that development of the proposed GAA pitches may be found to be impracticable or unviable. Should

redevelopment proposals for Dicksboro GAA Club come forward during the life of the Plan, the Councils will respond positively to

any redevelopment proposal by way of amendment to the LAP subject to the proper planning and sustainable development of the

area. Such positive response may include the potential use of a proportion of the lands for residential purposes and/or community

uses. Integral to the consideration of any future rezoning shall be the retention of a proportion of the open space, such that the

concept of the linear park and green links referred to in Fig 27 of this LAP is retained.”

2

Addition of the following text to Part 5 Design Guide of the proposed LAP, at the end of section 5.8 Sustainable Urban Drainage

Systems:

“Development on the eastern side of the proposed Inner Relief Road and adjacent to the Loughmacask flood area (indicated on

Fig 37 by a dashed blue line) shall have due regard to the to the natural drainage patterns of the site and, where possible, seek to

maintain and enhance wetland features associated with the afore mentioned Loughmacask flood area.”

Loughmacask Draft Local Area PlanManager’s Report, March 2008Appendix B - Areas of Potential Flooding

Areas of Potential Flooding

“Development on the eastern side of the proposed Inner Relief Road and adjacent to the Loughmacask flood area (indicated on Fig 37 by a dashed blue line) shall have due regard to the to the natural drainage patterns of the site and, where possible, seek to maintain and enhance wetland features associated with the afore mentioned Loughmacask flood area.”

Documents

l o u g h m a c a s k draft local area plan 2 0 0 7 - 2 0 1 3 · 2008. 4. 9. · 2 0 0 7 - 2 0 1 3 K i l k e n n y C o u n t y C o u n c i l K i l k e n n y B o r o u g h C o u n