Thomastown LAP

Proposed Amendment No. 2 to Thomastown LAP – Core Strategy

Forward Planning

December 2011

To make a submission to this Proposed Amendment you can either:

Introduction

Section 7 of the Planning and Development (Amendment) Act 2010, sets out that the written statement of a Development Plan must contain a Core Strategy which shows that the development objectives in the development plan are consistent, as far as practicable, with national and regional development objectives set out in the National Spatial Strategy and Regional Planning Guidelines.  A planning authority shall prepare a core strategy not later than one year after the making of the Regional Planning Guidelines and shall accordingly vary the development plan.  The Regional Planning Guidelines for the South East Region (RPGs) were adopted on the 26^th July 2010.  Variation 2 which provides for the inclusion of the core strategy in the County Development Plan 2008-2014, was adopted on the 19^th September 2011.

That Variation includes a policy PS7, ‘To amend the LAPs for Callan, Castlecomer, Graiguenamanagh and Thomastown adopted in 2009 to take account of the Core Strategy for the County’.

As at September 2011, the Thomastown Local Area Plan (LAP) contained a total of 70 hectares of undeveloped land, zoned for residential uses, or for a mix of residential and other uses.

The RPGs set out a projected population expansion for each county in the region and to accommodate this, determined that in the order of 254 hectares will be required over the period 2010-2016 for Kilkenny city and county.  The RPGs have divided the county allocation between the gateway (Waterford Environs in County Kilkenny, which is covered by the Ferrybank/Belview LAP), the hub (Kilkenny City) and the remainder of the county.  The Core Strategy Table, on page 18 of Variation 2, set out that the housing land requirement for Thomastown was 4.1 hectares.  Therefore this amendment involves a significant level of change through phasing of development land, in order to meet the objectives of the RPGs and the County Core Strategy.

A Flood Risk Assessment was carried out as part of the Strategic Environmental Assessment screening for this amendment, and this resulted in proposed changes to the Infrastructure/Flood policies and proposed changes to the zoning map.

In addition, since the publication of the LAP, the proposed Special Protection Area for the River Nore was designated, and reference to this SPA will be included in the LAP.

As a result of all of the above, consequential changes had to be made to other sections of the LAP. This amendment should be read in conjunction with the Thomastown LAP 2009.

Proposed deletions to the LAP are displayed in strikethrough and proposed insertions are presented in italics. 

Section 1 Introduction and Strategic Context

1.6 Natural Heritage and Biodiversity

1.6.1 Designated Natural Heritage Sites of International and National Importance

Insert:

The River Nore Special Protection Area (SPA)

A notice of intention to designate a SPA was published by the National Parks and Wildlife Service in June 2011.  This SPA is designated under the E.U. Birds Directive of special conservation interest for the kingfisher.  The SPA runs along the River Nore through Thomastown and for the most part is contained with the cSAC boundary. 

The extent of all these sites is depicted on Map 2, Natural Heritage.

Delete Figure 3

 

1.9 Roads, Car parking and accessibility

Delete from “While the town…” to “existing N9” Replace with

The opening of the M9 Waterford/Dublin Motorway in 2010 relieved much of the through traffic from the town. 

1.10.1 Population

Insert after first paragraph:

The preliminary results from Census 2011 give a figure of 2,197 for the Thomastown Electoral Division and 887 for Jerpoint Church (south of the River Nore)[1].  (The preliminary results are only available for the Electoral Divisions and not for Towns.) 

Delete from “The decentralisation…” to the end of the section.

1.11.1 Service Infrastructure

Delete section and replace:

A new waste water treatment plant (WWTP) began operating in September 2011 serving Thomastown.  This WWTP has spare capacity. 

The area is served by the Thomastown Water Supply Scheme (WSS) which has limited spare capacity at present.  A preliminary report for proposed upgrade of the scheme (Thomastown/Inistioge WSS) is with the Department of the Environment.

1.12 Housing

Delete entire section.

1.14 Employment and the Local Economy

Delete second sentence.

1.17 Recent Planning Approvals

Delete entire section.

 

Chapter 2: Policies and Objectives

2.4 Natural Heritage and Biodiversity

There is a variety of natural heritage in and around Thomastown including the designated areas of the River Barrow and River Nore cSAC and pNHA (Site Code 002162), Thomastown Quarry cSAC (Site code 002252), Thomastown pNHA (Site Code 000410) and River Nore SPA (Site Code 004233).

 

Insert Policy a)(ii)

Ensure that any plan or project which has the potential to directly, indirectly  or cumulatively impact on a site protected under European legislation (SAC or SPA), is assessed in accordance with Article 6 of the Habitats Directive in order to avoid adverse impacts on the integrity and  conservation objectives of the site.  Any such plans or projects shall be referred to the National Parks and Wildlife Service.  Potential threats to a designated site may arise from developments such as water abstraction, or discharges from wastewater treatment plants, surface water or surface water attenuation at locations which are geographically remote from the site, through hydrological links with the designated site (tributaries, streams, drainage ditches and drains).  Any such AA for development within the cSAC should include measures which enhance the public awareness and/or the value of the site for conservation as well as the amenity value for users. 

The Appropriate Assessment of the Thomastown Local Area Plan carried out in October 2008 identified two habitats, located outside the cSAC boundary, as being of ‘high value, locally important’^[2].  These habitats will be identified on a revised Map 2: Natural Heritage of the LAP.  Policies for nature conservation outside of designated areas are found in Section 8.2.3 of the CDP, policies H13-17.   

2.5 Town Centre

Actions (a) Investigate the redevelopment of underutilised sites on the northern bank of the river, between Low Street and The Quay, subject to the findings of a Flood Risk Management Study a relevant Flood Risk Assessment.  

 

2.7 Housing and Population

Delete entire section and replace as follows:

2.7 Core Strategy

Section 7 of the Planning and Development (Amendment) Act 2010, sets out that the written statement of a Development Plan must contain a Core Strategy which shows that the development objectives in the development plan are consistent, as far as practicable, with national and regional development objectives set out in the National Spatial Strategy and Regional Planning Guidelines.  A planning authority shall prepare a core strategy not later than one year after the making of the Regional Planning Guidelines and shall accordingly vary the development plan.  The Regional Planning Guidelines for the South East Region (RPGs) were adopted on the 26^th July 2010.  Variation 2 which provides for the inclusion of the core strategy in the County Development Plan 2008-2014, was adopted on the 19^th September 2011.  

Section 3.3.8 of the County Development Plan (as varied) sets out a population and housing land requirement for each of the District Towns, including Thomastown.  The estimated population in 2010 was obtained by applying its percentage share of the County’s population in 2006 (2%) to estimated figure for the County’s population under the RPG’s in 2010 (96,872).  The figure for 2016 is obtained by applying its percentage share (2.1%) of the growth in the County’s population to 2016 (8,726) and adding that to the 2010 estimated figure. The projected population for Thomastown is shown in Table 2.1. 

Table 2.1: Population projection for Thomastown from Core Strategy

 

Variation 2 to the County Development Plan, Core Strategy, set out that a total of 4.1 hectares of land would be required in Thomastown to cater for its expansion to 2016.  This was determined based on an average household size of 3 and an average density of 15 dwellings to the hectare.   

As of September 2011, the total amount of undeveloped residentially or mixed use zoned lands within the plan area totalled 70 hectares.  This comprised 62.5 hectares of undeveloped land zoned solely for residential uses, and a further 7.6 hectares for a mix of residential and other uses.  There are two unfinished housing estates in Thomastown, and between them there is a total of 8.8 hectares of land yet to be developed within these sites.       

Table 2.2 below sets out the undeveloped land and the total amount of land with extant permissions in Thomastown. 

Table 2.2: Undeveloped residential/mixed use zoned land in Thomastown as at September 2011

	Undeveloped land in hectares	Land with extant permission
ResidentialMixed Use	62.5 7.6	8.8
Total	70.1

Source: OS mapping and Planning Department information, 2011

The zoned land allocation for Thomastown as stated in the County Development Plan, is 4.1 hectares to 2016.  It is clear that the land currently zoned for residential development (70 ha) could far exceed this demand.  Therefore, it is recommended that a significant proportion of the land is phased for development.  Development will be permitted in principle on Phase 1 lands during the period of this Plan (to 2015).  Development will not be permitted on Phase 2 lands during the lifetime of this plan. 

The principles underlying the phasing approach are as follows:

• National/Regional/Local Policy Context (i.e. the NSS, RPGs, County core strategy etc.)
• Demographic and socio-economic trends
• Assessment of need for housing
• Water, drainage and road infrastructure (existing and planned)
• Flood Risk Assessment
• Supporting infrastructure (social, community and commercial, both existing and planned)
• Physical suitability
• Environmental policy (ground and surface water quality, flooding, etc.)
• Heritage policy
• Sequential approach (zoning should extend outwards from the core of an urban area, with undeveloped lands closest to the core and public transport routes being given preference. In addition, areas to be zoned should be contiguous to existing zoned development lands)

 

The proposed phasing is based on the principles of sustainable development as outlined above, in addition to the planning histories and the potential of sites coming forward for development.  The proposed phasing is set out below in Table 2.3.

 Table 2.3: Amount of undeveloped zoned land in Thomastown by Proposed phase

Zone	Phase 1 land (ha)	Phase 2 land (ha)
Residential	9.9
Mixed	1.95
Total	11.85	58.3

 

Phase 1 land

Phase 1 land will be considered for development during the lifetime of this Plan.  However, it is clear that the total amount of zoned land in Phase 1 – 12 hectares – could cater for a greater expansion than that envisaged by the County Core Strategy.  Therefore, any application for residential development, either a new application or application for extension of duration of permission on Phase 1 lands (where substantial works have not been completed), shall be subject to a Core Strategy Justification Test.  This Core Strategy Justification Test shall consider the demand for the development, the availability of services, the transport infrastructure and the contribution of the development to the plan objectives for the area. 

Any such application shall be accompanied by a Core Strategy Justification statement, which will examine:

• How the development is consistent with the Development Plan Core Strategy
• The demand for the proposed development based on an assessment of existing housing vacancy, unfinished estates and the unit types in the area
• The capacity of services in the area to cater for the proposed development, including childcare, schools, other community services, open space, retail and commercial services
• The provision of transport infrastructure in the area, and how the proposed development will contribute across all modes (vehicular, rail, cycle and pedestrian linkages)
• The contribution of the proposed development to the achievement of objectives outlined in the LAP
• In the case of applications for extensions of duration, an assessment of how the development is in accordance with the current LAP, the Guidelines on Sustainable Residential Development in Urban Areas, and (where necessary) the Guidelines on Sustainable Urban Housing, Design Standards for New Apartments.   

Phase 1 development objective:

In addition to each zone’s individual development objective, the following objective will apply on all land identified on the Zoning Map as Phase 1: 

The Council will only consider development on Phase 1 lands where the Core Strategy justification statement demonstrates that the proposed development is consistent with the County Core Strategy, having regard to all of the criteria outlined above.  

Phase 2 land

In general, Phase 2 land will act as a strategic reserve. 

Significant residential development will not be permitted on Phase 2 lands, but new land uses other than significant residential development will be considered on their merits having regard to the strategic nature of the phase 2 lands and general planning considerations.

Applications for single houses on the phase 2 lands will be considered on the same basis as lands zoned as Agriculture as outlined in Section 3.2.7 Agriculture of the LAP.

Expansion of existing land uses within the Phase 2 lands will be considered on a case by case having regard to the potential impacts on the strategic nature of the phase 2 lands and general planning considerations.

Phase 2 development objective:

Phase 2 lands will allow for a sequential approach to development.  Any application for development will be assessed against the strategic nature of the Phase 2 lands and the principles as set out above. 

 

2.7.1 Housing Development Generally

Delete from “There is sufficient land zoned…” to “Hence”.

A range of residential sites is required for development and this plan proposes six areas a total of 12 hectares in order to provide for a variety of housing types to meet the needs of various households.  The Council considers that future residential growth will occur generally in lands reserved in the following areas (for individual proposals refer to Section 4.10)

 

Delete list of areas R1-R6

 

A number of sites have been identified for possible residential development, both located in Phase 1 and Phase 2.  These are set out in Section 4.10.

In addition to the above-zoned land 12 hectares, the Council will…

 

Policy 10 – New Housing Developments

(e) Conformity with the draft Guidelines set out by the DoEHLG in Sustainable Residential Development in Urban Areas (February 2008 May 2009)

2.7.3 Serviced Sites

There is considerable pressure for development of single homes in the rural area surrounding Thomastown. and it is an objective of this plan to provide for In certain circumstances, proposals for low density schemes would be favourably considered on Phase 1 lands serviced sites at lower densities within the town environs in order to offer people, who would otherwise seek to develop a house in an unserviced rural area, the option to develop in closer proximity to existing services and community facilities.

 

Delete Policy 13.

 

2.8.1 Sewerage Network

Delete first paragraph and replace with:

A new waste water treatment plant (WWTP) began operating in September 2011 serving Thomastown.  This WWTP has a Population Equivalent of 7,500 and has spare capacity. 

Delete Action (a)

2.8.3 Water Supply

Presently there is limited no spare capacity in the water supply network…. Programme 2007-2009 with an anticipated start in 2009.

Policy 17 (d) Where public supply is not available temporary private supply may be considered for new developments. 

2.8.4 Flood Defence

Delete entire section and replace:

Flood risk in the Plan area will be managed through compliance with the Planning System and Flood Risk Management – Guidelines for Planning Authorities 2009. 

The Guidelines outline three key principles that should be adopted by regional authorities, local authorities, developers and their agents when considering flood risk. These are:

• Avoid the risk, where possible,
• Substitute less vulnerable uses, where avoidance is not possible, and
• Mitigate and manage the risk, where avoidance and substitution are not possible

 

 

Avoidance of development in flood risk areas

Flood zones are geographical areas within which the likelihood of flooding is in a particular range and they are a key tool in flood risk management within the planning process as well as in flood warning and emergency planning. There are three types or levels of flood zones defined for the purposes of the guidelines:

• Flood zone A – where the probability of flooding is highest (greater than 1% or 1 in 100 for river flooding or 0.5% or 1 in 200 for coastal flooding) and where a wide range of receptors would be vulnerable;
• Flood zone B – where the probability of flooding is moderate (between 0.1% or 1 in 1000 and 1% or 1 in 100 for river flooding and between 0.1% or 1 in 1000 year and 0.5% or 1 in 200 for coastal flooding); and
• Flood zone C – where the probability of flooding is low (less than 0.1% or 1 in 1000 for both river and coastal flooding).

 

As part of the Strategic Environmental Assessment Screening for Amendment No. 2, a Flood Risk Assessment was carried out.  This has identified an area within which development proposals shall be the subject of a site-specific Flood Risk Assessment.  This FRA shall be appropriate to the type and scale of the development being proposed and shall be carried out in line with the Guidelines. 

A Flood Risk Management Study was carried out by Hyder Consulting in 2010 for Callan, Graiguenamanagh and Thomastown.  This identified a series of flood defence measures for Thomastown.   The detailed design of these measures will be undertaken once funding is available.

Policy: Applications for development on lands identified as being located in an area of flood risk on the FRA map, shall be the subject of a site-specific Flood Risk Assessment appropriate to the type and scale of the development being proposed, in line with the DoEHLG Guidelines “The Planning System and Flood Risk Management” November 2009.  A site specific FRA may be required for sites adjoining an area of flood risk. 

Policy: For any development, where flood risk may be an issue, a flood risk assessment should be carried out that is appropriate to the scale and nature of the development and the risks arising.  The applicant is primarily responsible in the first instance for assessing whether there is a flood risk issue and how it will be addressed in the development they propose. 

Policy: Development that is vulnerable to flooding will not be permitted in an area identified as subject to flood risk, without a site specific flood risk assessment.  Any development will not be permitted unless the criteria as set out in the Justification Test are satisfied. 

 

2.10 Community and Education

Lands extending westwards to the railway line and southwards to Station Road are zoned for new residential, and are currently the subject of an integrated framework plan for the complete community and residentially zoned area. 

 

2.10.3 Education

Policy 25 (b) To facilitate the future expansion requirements of the VEC through zoning of suitable land and in the context of a comprehensive masterplan for the wider area.

2.12 Transport

It is recognised that traffic congestion has become a worsening feature of the town centre. The junctions at Logan Street/Pipe Street on the Dublin Road, and at Pipe Street/Kilkenny Road, can be especially congested.

 

The provision of the N9 bypass west of Thomastown is expected to remove The opening of the M9 motorway has removed

 

 

Chapter 3: Land Use Zoning Objectives

 

Delete Section 3.2.2 Low Density Residential (Serviced Sites)

 

3.2.4 Open Space/ Biodiversity conservation

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

 

Chapter 4: Development Management and Framework

This Development Framework sets out the principles and objectives that the Council seek to achieve for key development sites in Thomastown.

 

4.6.3 Density

Regard should be had to ‘Sustainable Residential Development in Urban Areas’ Guidelines (2008) (2009).

 

4.6.10 Serviced Sites

It is an objective of this plan to provide for serviced sites at lower densities within the town environs In certain circumstances, proposals for low density schemes would be favourably considered on Phase 1 lands in order to offer people, who would otherwise seek to develop a house in an unserviced rural area, the option to develop in closer proximity to existing services and community facilities.

 

Delete last line All sites are not to be less than 0.1 hectare. 

 

4.6.13 Apartments/Duplex Style

 

Apartment type	Minimum floor area
Two bed	65 sqm 73 sqm

 

4.6.14 Access for People with Disabilities

Part M of the Building Regulations 1997 to 2000 2010

 

4.10 Key Development Areas

Delete first paragraph and replace:

A number of sites have been selected for indicative preliminary master plans.  These sites are broken down into two phases: Phase 1 and Phase 2.  The sites in Phase 1 are as follows:

Opportunity Site 1: Low Street/The Quay

Opportunity Site 2: Rear of Market Street (Slaughter House)

 

R1.3: Lands between Dungarvan Road and Bennettsbridge Road

R5.1 Lands at Grennan Woods

The sites in Phase 2 are as follows:

R1.1, R1,2: Lands between Dungarvan Road and Bennettsbridge Road

R2: Lands between Maudlin Court and the hospital

R3: Lands between Lady’s well street and the railway

R4: Lands at Stamps Park

R5.2, R5.3 Lands at Grennan Woods

R6: lands between Dangan Terrace and the route of the proposed relief road

4.10.5 Residential area R3: Lands between Lady’s Well Street and the Railway
Development Framework – Context

Mixed use zone (MU) must may include HSA offices

Site 3.3 is partially located within an area of flood risk as identified in Flood Risk Assessment.  

 

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