Section 11.0 Zoning and Land Use

Waterford City & County Development Plan 2022 – 2028
Closed19 Jul, 2022, 12:00pm - 19 Jul, 2022, 12:01pm

The land use zoning emphasis of this Development Plan is that of compact growth and urban consolidation which supports the re-using of ‘brownfield’ land, infill sites and underutilised lands in towns and villages across the settlement hierarchy.

11.1   Use Zoning

The general objectives of the use zoning in this Plan is to serve as a guideline for the control of development so as to achieve the goals set out in this Plan. Zoning aspires to promote the orderly development of the City and County by eliminating potential conflicts between incompatible land uses and to establish an efficient basis for investment in public infrastructure and facilities. Where no specific use zoning is indicated, the primary use can be assumed to be that already existing in the area and it is likely to be either Primarily Agricultural or Primarily General Urban Development. All lands outside of the designated settlements and land zoning maps is regarded to be zoned as Agriculture A.

The Zoning Matrix Land Use Table lists the land use activities most commonly encountered in Waterford (City and County). They are intended as a general guideline, and the uses listed are not exhaustive. An applicant is advised to consult with the Planning Authority prior to submitting an application for proposed development, particularly larger scale development proposals, in order to ascertain any specific considerations relating to their site.

The land use zoning objectives are set out in Table 11.1. This should be read in conjunction with the Land Use Zoning Matrix (Table 11.2) which specifies which development types are ‘Permitted in Principle’ (I), ‘Open to Consideration’ (O) and ‘Not Permitted’ (X) on each land use zone.

11.1.1 Permitted in Principle

Land uses designated under each zoning objective as ‘Permitted in Principle’ are, subject to compliance with the relevant policies, standards and requirements set out in this Plan, generally acceptable.

11.1.2 Open for Consideration

Uses shown as ‘Open for Consideration’ are uses which may be permitted where the Planning Authority is satisfied that the proposed development would be compatible with the overall policies and objectives for the zone, would not have undesirable effects, and would otherwise be consistent with the proper planning and sustainable development of the area.

11.1.3 Not Permitted

Uses which are not indicated as ‘Permitted in Principle’ or ‘Open for Consideration’ will not be permitted.

11.1.4 White Lands

These lands relate to all areas outside zoned and/or designated settlement. These lands are chiefly in agricultural use, and may contain some isolated development.  Such lands are not currently zoned under any land use classification.

11.1.5 Other Uses

Uses not specifically mentioned in the Zoning Matrix Use Table may be considered on a case-by-case basis having regard to the general policy objectives of the Plan, and to the land use zoning objectives for the area in question.  Such uses will be assessed in terms of their contribution towards the achievement of the Zoning Objective.

11.2   Zoning Changes and Extant Permissions

Where the Development Plan has amended the land use zoning on lands which have an extant planning permission, such permission can nonetheless be implemented subject to compliance with its conditions. With regard to potential applications for an Extension of Duration of Permission, such applications will be assessed having regard to the amended land use zoning pertaining to the site.

Extant Permissions on Strategic Residential Reserve (SRR) lands:

Consideration will be given to modification and extensions of duration to extant planning permissions on land zoned Strategic Residential Reserve notwithstanding the reserve designation and subject to compliance with the policy objectives and development management standards of the Development Plan.

11.3   Non-conforming Use

Uses in a zone that are not in conformance with the use zoning objectives, shall be regarded as non-conforming uses.  The expansion of existing non-conforming uses will be permitted where such use is consistent with sustainability development principles and good planning practice. New dwelling houses for landowners and immediate family members (owners of the lands prior to the Development Plan being made) may be facilitated where compliance can be demonstrated with relevant policy objectives of the Development Plan and the development would not prejudice the future development of the land for the purpose for which it is zoned.

11.4   Temporary/Meanwhile Use

The Council will facilitate existing uses or new uses on lands that are zoned for mixed use development where such proposals are of a nature and/or scale that they would not compromise the structured and sustainable development of the larger mixed use and site and wider area.

11.5   Ancillary Uses

The zoning matrix below has been compiled based on the development of primary uses only. Where proposed development relates to an ancillary use i.e. one that relies on a permitted parent use for their existence and rationale, these will be considered on their own merits, having regard to the proper planning and sustainable development of the area.

11.6   Vacant Land Levy – Residential and Regeneration Lands

The Urban Regeneration and Housing Act 2015 sets out two broad categories of vacant land that the   levy may apply to:

  • Lands zoned primarily for residential purposes
  • Lands in need of regeneration

The following lands zoned for residential or primarily residential purposes are included for the purposes as set out in the Urban Regeneration and Housing Act 2015 in relation to the vacant land levy:

ER, NR(M), NR(L), and RSR zoned lands, as they have capacity to provide residential accommodation.

The following zoned lands are included as lands with the objective of development and renewal of areas in need of regeneration:

TC and RE use zonings, as they offer great potential for a relatively significant supply of housing and employment, as set out in their Zoning Objectives. Furthermore, the Town Centre zoned lands are included given their critical role for sustainable neighbourhoods and wider communities, and to ensure their continued viability and vitality.

GB zoned lands are included because the Objective is to “provide for and improve General Business uses; this includes suburban district retail and local neighbourhood centres.” Therefore, illustrating its primary objective in facilitate long-term economic development in the area.

11.7   Relaxation of Zoning Objectives for Protected Structures

The Council actively encourages and supports uses which are compatible with the character of Protected Structures. In certain limited cases, to ensure the long-term viability of a Protected Structure, it may be considered appropriate not to stringently apply generic zoning restrictions, including site development standards, provided the Protected Structure is being restored to the highest standard, the special interest, character and setting of the building is protected and the use and development is consistent with conservation policies and the proper planning and sustainable development of the area.

11.8   Small Scale Business in Residential Area

There has been a growth in the number of applications for small scale business from people working in their own homes. The scale and nature of operations will be taken into account. Uses such as the repair of vehicles will not be permitted in a residential area. In assessing planning applications, the level of customers/visitors will be taken into account. The Planning Authority will consider permitting small scale business in residential areas where:

  • The use of the house for business purposes is secondary to its use as a dwelling and the floor area of the business should reflect this;
  • The business serves a local need;
  • Adequate parking requirements are met; and
  • There is no material loss of residential amenity to adjoining residences in terms of general disturbance, noise, traffic generation etc.

Permission will be subject to normal environmental and planning criteria. Any subsequent change or proposed expansion of the business will need to be reconsidered by the Planning Authority to assess whether the premises are still acceptable.

Table 11. 1 Land Use Zoning Objectives

Land Use

Code

Zoning Objective

Existing Residential

RS

Provide for residential development and protect and improve residential amenity.

New Residential

R1

Provide for new residential development in tandem with the provision of the necessary social and physical infrastructure

Residential: Strategic Reserve

SRR

To provide for the long-term strategic expansion of residential development.

Town Core

TC

Provide for the development and enhancement of town core uses including retail, residential, commercial, civic and other uses.

General Business

GB

To provide for and improve General Business uses; this includes suburban district retail and local neighbourhood centres.

Regeneration

RE

Provide for enterprise and/ or residential led regeneration.

Special Industry

SI

Provide for specialised industrial development.

Light Industry/ High Technology/ Manufacturing Campus Development

CD

Provide for light industry, general enterprise, business development, office, research and development and high technology/ high technology manufacturing type employment in a high quality built and landscaped environment.

Tourism

TM

To provide for tourist uses.

Community Infrastructure

CI

Provide for and protect civic, educational, religious, community, health care and social infrastructure.

Open Space and Recreation

OS

Preserve and provide for open space and recreational amenities.

Transport and Utilities infrastructure

TU

Provide for transport and utilities infrastructure

High Amenity

HA

Protect highly sensitive and scenic locations from inappropriate development that would adversely affect the environmental quality of the locations

Rural Village

RV

Protect and promote the character of the Rural Village and promote a vibrant community appropriate to available physical and community infrastructure.

White lands

O1

 

Uses not covered in the Land Use Matrix may be allowed in accordance with the written provisions of the Development Plan.

 
Table 11. 2 Zoning Matrix

Use Type

RS

R1

SRR

TC

GB

RE

SI

CD

TM

CI

OS

TU

HA

RV

Advertising Structure

X

X

X

O

I

O

I

I

O

O

X

I

X

I

Agricultural

X

X

O

X

X

X

X

X

X

X

X

X

I

O

Agricultural Machinery Outlet

X

X

X

O

O

X

O

O

X

X

X

X

X

I

Allotments

O

O

O

O

O

O

O

O

O

O

I

O

I

I

Amusement

X

X

X

O

X

X

X

X

I

X

X

X

X

O

Bed & Breakfast/ Guesthouse

I

I

X

I

I

O

X

X

I

O

X

X

O

I

Betting Office

X

X

X

I

I

O

X

X

X

X

X

X

X

I

Boarding Kennels

X

X

X

O

O

X

X

O

X

X

X

X

O

O

Bus / Transport Depot

X

X

X

X

X

X

I

I

X

X

X

X

O

O

Café/ Tea Shop

O

O

X

I

I

I

O

O

I

O

O

O

O

I

Caravan Parks/ Camping

X

X

X

X

X

X

X

X

I

X

X

X

O

I

Cemetery/ Burial Grounds

X

X

X

X

X

X

X

X

X

I

O

X

X

I

Childcare Facility/ Crèche

O

O

O

I

I

I

O

I

O

I

X

X

X

I

Civic Amenity/ recycling centre

(Excluding Bottle/ Bring Banks)

X

X

X

X

O

X

I

I

X

X

X

X

X

O

Commercial Car Park

X

X

X

I

I

O

O

O

O

O

X

I

X

O

Community Facility

O

O

O

I

I

I

O

O

O

I

O

O

O

I

Conference Centre

X

X

X

I

I

I

X

O

O

X

X

O

X

I

Cultural/ Heritage

X

X

X

I

I

I

X

O

O

O

O

X

O

I

Dwelling / Principal Private Residence

I

I

O

I

I

I

O

O

O

O

O

X

O

I

Education

O

O

O

I

I

I

X

O

O

I

O

X

O

I

Enterprise Centre/ Units

X

X

X

I

I

I

O

I

O

O

X

O

X

I

Funeral Home/ Crematorium

X

X

X

O

O

O

O

O

X

X

X

X

X

O

Garden Centre

X

X

X

O

I

O

X

O

X

X

O

X

O

O

Golf Course

X

X

X

X

X

X

X

X

O

X

O

X

O

O

Health Centre/ Clinic

O

O

X

I

I

I

X

O

X

I

X

X

X

I

Home-based economic activity

I

I

O

I

I

I

X

X

O

X

X

X

O

I

Hospital

X

X

X

O

O

O

X

O

X

O

X

X

X

I

Hostel

X

X

X

I

I

O

X

X

O

O

X

X

X

I

Hotel/ Tourist Accommodation

O

O

X

I

I

I

X

O

I

O

X

O

X

I

Incinerator

X

X

X

X

X

X

O

X

X

X

X

X

X

X

Industry – General/ Heavy

X

X

X

X

X

X

I

X

X

X

X

X

X

O

Industry – Light

X

X

X

O

O

O

I

I

X

X

X

X

X

I

Kiosks

X

X

X

I

I

O

O

O

O

O

O

O

O

I

Leisure complex

X

X

X

O

O

O

X

O

O

O

O

X

X

I

Motor Sales

X

X

X

O

O

O

O

I

X

X

X

X

X

I

Motor-Repair Garage

X

X

X

O

O

O

O

I

X

X

X

X

X

I

Night Uses (Nightclub, Pubs, Fast Food Takeaways)

X

X

X

I

O

O

X

O

O

X

X

X

X

I

Nursing Home/ Assisted Living

O

O

O

I

O

O

X

X

X

O

X

X

X

I

Office

X

X

X

I

I

I

I

I

X

X

X

O

X

I

Off-License

X

X

X

I

O

O

X

X

X

X

X

X

X

I

Open Space (Amenity)

I

I

I

I

I

I

I

I

I

I

I

I

I

I

Park & Ride Facility (incl. car parking)

X

O

O

O

O

X

X

O

X

X

O

O

O

I

Park/ Playground

I

I

I

I

O

O

X

O

I

I

I

O

O

I

Petrol Station (incl. convenience shop)

X

X

X

I

I

O

O

O

X

X

X

O

X

I

Place of Worship

O

O

X

O

O

O

X

O

X

O

X

X

X

I

Playing Fields/ Sports Club

O

O

O

O

O

O

X

O

O

O

O

X

O

I

Public House

X

X

X

I

I

I

X

O

O

X

X

X

X

I

Renewable Energy

I

I

I

O

I

O

I

I

I

I

I

I

I

I

Residential Scheme

I

I

X[1]

I

O

I

X

X

X

O

X

X

X

I

Restaurant

O

O

X

I

I

I

X

O

O

X

X

X

X

I

Retail Comparison Goods

X

X

X

I

O

O

X

X

X

X

X

X

X

I

Retail Convenience (corner/

neighbourhood shop)

O

O

X

I

I

O

O

O

O

X

X

X

X

I

Retail Food (Supermarket)

X

X

X

I

I

I

X

X

X

X

X

X

X

I

Retail Warehousing

X

X

X

O

O

O

X

X

X

X

X

X

X

O

Science & Technology Based Industry

X

X

X

O

O

O

I

I

X

O

X

O

X

I

Scrap Yard / Waste Management

X

X

X

X

X

X

I

O

X

X

X

X

X

O

Showrooms

X

X

X

O

I

O

O

O

X

X

X

X

X

I

Storage Depot/ Warehouse

X

X

X

O

O

X

O

O

X

X

X

X

X

I

Student Accommodation

I

I

X

I

O

I

X

X

X

O

X

X

X

I

Traveller Accommodation

I

I

X

I

O

I

X

X

X

O

X

X

X

I

Utility

O

O

O

O

O

O

O

O

O

O

O

O

O

I

Veterinary Surgery

O

O

O

I

I

I

X

O

X

X

X

X

O

I

Warehousing / logistics

X

X

X

X

O

X

O

O

X

X

X

X

X

O

Wholesale Cash and Carry

X

X

X

X

O

X

X

O

X

X

X

X

X

O

 

[1] In the interest of delivering Housing for All and other programs seeking to provide social and affordable housing, the development of social and affordable housing by an Approved Housing Body, State Agency/Body or the Housing Authority on lands zoned for Strategic Residential Reserve (SRR) may be considered acceptable subject to compliance with the policy objectives and development management standards of the Development Plan. Similarly, social and affordable housing schemes on land zoned Rural Village (RV) may also be facilitated in addition to the requirements of the respective settlement class as set out in the settlement hierarchy (Section 2.9) of the Plan.

 

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References

Waterford City and County Development Plan 2022-2028 - Volume 2.pdf