Section 5.0 Non-Residential Development

Assessment of Development Proposals in Waterford City, other towns and rural settlements

• Be consistent with the role and function of the particular retail centre as set out in the Development Plan and Retail Hierarchy and accord with the scale and type of retailing identified for that location.
• Accord with the fundamental objective to support the vitality and viability of the retail centre and demonstrate compliance with the sequential approach. Provide a detailed retail impact assessment and a transport impact assessment to accompany the application where appropriate.
• Be of a high quality and incorporate layouts that encourage active and engaging frontages where appropriate.
• The design must ensure that the proposed centre will be integrated with, and be complementary to, the streetscape, where it will be located, or in accordance with a detailed urban design framework.
• There shall be a general presumption against large out-of-town retail centres - in particular those located adjacent or close to existing, new or planned national roads/motorways.
• In the context of larger scale developments in our Urban Areas, District/ Suburban and Neighbourhood Centres, while adequate car parking, separate service areas and convenient access by public transport and by walking and cycling from surrounding residential areas are essential elements, these must be supplemented by features that improve the overall attractiveness of the scheme to the public. Such features can include for example:
  • The ability of the proposal to be adequately serviced in relation to public transport and pedestrian and cyclist access and facilities.
  • Public realm of appropriate scale, design and enclosure.
  • The provision and design of street furniture, e.g. seats, litterbins, cycle facilities.
  • The provision within the overall design of the scheme for public facilities, e.g. toilets, advice centres, and supporting community, civic and cultural uses including health clinics, crèches, theatres, libraries for example.
  • Activities and uses including retail services and restaurant uses that keep the centre alive both during the day and evening.
  • The inclusion of some element of residential uses, particularly apartments, as an integral part of the centre in order to generate evening activity and security of the centre. Provision of residential must be in accordance however with the overall zoning objective for the area.
  • An overall design strategy that helps promote convenience shop variety (by the use of differing shopfronts, plot frontage widths, setbacks, signs etc.) but set within an overarching and cohesive design concept that unites the whole.
  • The design and layout of buildings, together with the robustness of materials used in their construction, should be such as to discourage graffiti, vandalism and other forms of anti-social activity. All unsightly areas, for example service cores, should be screened from surrounding residential areas and from pedestrian corridors within the scheme. Considered screening should form an integral part of any design, but where this is not possible, supplementary tree planting and landscaping will be necessary.
  • Considered tree planting, landscaping and overall urban greening measures must, in any event, form an integral part of the general design of any shopping scheme.
  • Appropriate Wall Art.

Convenience Shop

A small/ local convenience shop will be open for consideration within a residential area. When assessing any such proposals, the Council will have regard to the distance from the proposed development to established local shopping facilities and to its impact on the amenity of adjoining dwellings.

In relation to Waterford City, the Retail Planning Guidelines indicate that given its Regional Role within the current NPF and RSES, consideration could be given for a retail warehouse unit store greater than the 6,000 sq.m cap on a case by case basis if the proposed development is to serve a retail warehouse function on a regional or national catchment level and will be subject to the assessment criteria set out in the Retail Planning Guidelines.

Traffic and Transport Assessment Guidelines (2014) highlights the below thresholds above which a Transport Assessment is automatically required:

• Traffic to and from development exceeds 10% of the traffic flow on the adjoining road.
• Traffic to and from the development exceeds 5% of the traffic flow on the adjoining road where congestion exists or the location is sensitive.^[1]
• Residential Development in excess of 200 dwellings.
• Retail & Leisure Development in excess of 1000 sq.m.
• Office, Education & Hospital Development in excess of 2,500 sq.m.
• Industrial Development in excess of 5,000 sq.m.
• Distribution and Warehousing in excess of 10,000 sq.m.

Traffic & Transport Assessments (TTA) will be required to be submitted for proposals that may affect the National Road Network in accordance with the thresholds set out in the Traffic and Transport Assessment Guidelines (2014) published by the NRA or any subsequent update thereof.

Repair of Historic Shopfronts

Retain, as far as practicable, vernacular historic and significant shopfronts through sensible and practical repair, taking into consideration the following:

• Application of best conservation practice, as appropriate and without incurring excessive cost;
• Ministerial Guidelines;
• Associated advice series; and
• Designations in the Development Plan relating to the property and the area.

Replacement or New Shopfronts

Replacement of more modern era, but poor quality, shopfronts is welcomed e.g. restoring original building features or omitting ‘over-size’ or obtrusive signs.

New shopfronts by way of their design and material finish should:

• Relate to the architecture of the building of which they form part,
• Complement the scale and proportions of the adjoining building and streetscape,
• The plot sizes,
• The pattern of window fenestration and openings present on facades, maintain or reinstate access to upper floors and enhance the overall vibrancy and the built quality of the street.

Shopfront Features

The presence of well-crafted and historic shopfronts is an important part of the character of an area. Features of existing shopfronts, which are likely to be of interest and merit include:

• Pilasters or uprights,
• Apron panels,
• Stall risers or plinths below the display windows,
• Any mullions, or glazing bars to the display window etc.

Such elements should be considered for retention and incorporated into the new shopfront design.

Fascia

• Fascia design is an important element of shopfront and must be appropriate and proportioned to the shopfront and to the overall character, scale, design and height of the building and adjoining buildings. Fascia’s should not interfere with existing first floor cills and should reflect existing plot widths. Oversized fasciae are not appropriate.
• The fascia is the element of the shopfront on which advertising signage is most effective. Signage on the fascia should consist of individual mounted lettering and hand-painted signage. The avoidance of signage which is temporary and intrusive in character is advised. The use of individual mounted lettering and hand-painted signage is cost effective and will enhance the appearance and attractiveness of the shopfront while respecting the architectural character of the building and streetscape.
• The construction of nameplate fascia’s linking two or more buildings is generally unacceptable.

Shopfront Signage

• Primary shopfront advertising signage should be located on the fascia board. Where the shopfront does not include a fascia the advertising signage should be mounted above the display window and/or main shop entrance. All such advertising signage should relate to the shopfront and fascia where present in terms of scale, design and material finish. 
• Additional signage including interior suspended advertising signage and adhesive film signage on the display window which relate to ancillary or other commercial activities taking place within the building will allow for views to be maintained from the street into the shop or business and will therefore not create a dead frontage.
• Advertising signage should always enhance the visual amenity of the area and avoid the creation of visual clutter.

Upper Floors

• The active use of upper floors brings considerable vibrancy and vitality to the street. These uses are sometimes for purposes unrelated to the ground floor use and will require its own visibility to enable customers to identify and locate the premises.
• Many vernacular shopfronts include a separate entrance to the upper floors of the buildings. In the repair or redesign of vernacular /contemporary shopfronts this is an important element to keep as it allows access to the upper floors from street level.
• The use of upper floors for active commercial uses is supported. The following signage is considered acceptable:

• Door plaque or plate;
• One hanging/protruding sign per building, which may be externally lit/unlit;
• The sign may be lit by low intensity, discrete light fittings and suitably cowled; and;
• Non blackout window lettering/logo.

Illumination

• All illumination should be carefully considered and be provided by way of concealed light fixtures and cabling. Illumination should be discreet, of low intensity and should complement and enhance the architectural features of the building and its setting.
• Illuminated box signage, internally illuminated letters, swan neck and projecting spotlights, fluorescent lighting on channels, neon tubular illumination, flashing signs and floodlighting are considered inappropriate. Sky signs, i.e. signs which project in any part above the level of a building parapet or obtrude on the skyline, are considered inappropriate for general use.

Shopfront Security

• Roller shutters are not exempted development on, or in front of the building line and their erection requires planning permission.
• There is an overall preference is for ‘open’ design shopfronts with no security shutters, with an illuminated goods display and otherwise some element of lighting on shopfront windows on main shopping streets.
• It is the policy of the planning authority to facilitate the provision of security measures for ground floor commercial uses where they contribute positively to the visual quality of the property and streetscape.
• When considering proposals for security measures on new and existing shopfronts the planning authority will have regard to the character of the broader area. The following sequential order of preference for the provision of roller shutters will be applied by the planning authority when considering security proposals:
  1. Internal roller shutter setback behind the window display area;
  2. Internal roller shutter located immediately behind the display window where no part of the shutter or its casing extends beyond the face of the building;
  3. External demountable or folding steel mesh grilles or gates;
• In all cases, shutters should be treated with a colour to match the colour of the main shopfront materials.
• The planning authority would recognise the evolving technology in security shuttering and would consider such options on their merits on a case by case basis having regard to this policy.

Awnings and Canopies

• Planning permission is required for the erection of canopies. Canopies of traditional design and retractable materials will be promoted.
• Awnings and canopies when in use should not impede safe movement on and use of the street.
• Awnings and canopies should be designed to retract into the fascia when not in use. This will allow the proportions, detailing and architectural elements of the shopfront to remain undisrupted and complement existing architectural features and be of robust material finish.
• Advertising on the awning and canopy should be discreet.

Projecting Signs

• Projecting and hanging signs should be located above fascia level and allow for easy identification of commercial uses at or above ground floor. The designing of projecting signs should ensure that its size, material finish and location on the building is in keeping with the external features of the building and its surrounding streetscape.
• Plastic signs should be avoided. The design of the bracket on which the sign is affixed to the building must also be carefully considered. A simple bracket will be appropriate in most cases.

Corporate Shopfronts

Commercial interests will not necessarily be allowed to use standardised shopfront design, ‘corporate colours’ and materials. Compatibility with individual buildings and with the street scene is considered more important than uniformity between the branches of one company

• Any additional street furniture items shall have regard to their need, to avoid proliferation of street furniture in a location. Items should be discreet and well designed to reduce visual clutter and to ensure visual amenities are not compromised.
• All new street furniture items shall have a clear function relative to their location and shall have regard to the need to reduce and avoid street clutter and ensure that footpaths and cycle ways are kept free of unnecessary impediments.
• The co-location of street furniture items/ signage, will, where feasible, be required in order to reduce clutter.
• The use of high-quality materials will be required in order to ensure the long-term visual appearance of furniture items. All street elements shall be located so as to provide clear, accurate and safe movement for all street/ road users, pedestrian and cyclists and should not interfere with sightlines.

• The size and scale of signs should not conflict with existing structures in the vicinity;
• The size, form, scale, illumination, appearance and its proximity to existing advertising signage avoids the creation of visual clutter and a reduction to the character of the area;
• Large scale commercial advertisement structures are not acceptable on or near buildings of architectural or historical importance, in parks/ open public space, Architectural Conservation Areas and in areas of high amenity, and in residential areas;
• Signs will not be permitted if they compete with road signs or otherwise endanger traffic safety;
• Free standing signs will generally be resisted;
• Signs should not interfere with windows or other façade features or project above the skyline;
• Signs attached to buildings are preferable to those on freestanding hoardings;
• Signs should not exceed 5.4 sq.m;
• Digital advertising may be permitted, in certain locations subject to design, size, detail, and level of illumination and the above criteria;
• As with shopfront design, Waterford City & County Council will require commercial interests, especially chain outlets, to restrain the use of their corporate image advertising where these are considered to be too dominant; and,
• Bus and taxi shelters incorporating advertising panels shall be carefully sited and shall not impact on vehicular sightlines or the safe movement of all street/road users.

1. Signs will only be considered where an advertising “need” can be demonstrated. In this context the term “need” relates to the requirements of the travelling public and not the desire of the applicant to advertise as widely as possible. Each such need will be assessed on its merits. In relation to public institutions, Waterford City & County Council will determine the necessity for directional signs;
2. Fingerpost signage is the preferred type of advertisement structure. Other types of advertisement structures will be discouraged unless a “need” can be demonstrated;
3. Applications for advertisement structures will be refused where they give rise to a potential traffic  hazard. In general, advertisement structures will not be permitted at roundabouts, at traffic signalised junctions, at locations where they obstruct sight lines, compete with other traffic signs, give rise to confusion for road users or endanger traffic safety;
4. Applications for advertisement structures along national routes and along approach roads to towns and villages will generally not be permitted except for tourist attractions of national or regional importance. All such signage will require the written consent of the National Roads Authority, where appropriate;
5. The number of advertisement structures for any one premises shall be kept to a minimum and will generally be restricted to a maximum of two in the local area. In exceptional cases this maximum may be exceeded at the discretion of Waterford City & County Council;
6. The number of advertisement structures that will be permitted on any one pole will be strictly limited by Waterford City & County Council. In the event of multiple applications for advertisement structures at any particular location, priority will be given to approved applicants on a first come first served basis;
7. Applications for advertisement structures shall comply with the requirements of the “Traffic Signs Manual” published by Department of the Environment, Community and Local Government and the “Policy on the Provision of Tourist and Leisure Signage on National Roads” published by the National Roads Authority in 2011 (or any such other relevant standards and legislation that may be enacted). All lettering, logos and symbols are subject to the approval of Waterford City & County Council. In general, the use of the standard brown background and white lettering will be preferred Furthermore the Planning Authority will have regard to the provisions set out in Section 3.8 ‘Signage’ of the ‘Spatial Planning & National Road Guidelines (2012)’ in relation to signage proposals affecting national roads in particular the requirement to control the proliferation of non-road traffic signage on and adjacent to national roads; and,
8. The use of electronic variable messaging signs commonly known as “VMS signs”, shall be reserved strictly for use in roadwork activities, hazard information and or as part of an approved event traffic management plan. Advanced written consent of Waterford City & County Council will be required prior to installation and use of such signage.

• Outdoor advertising hoardings shall not be permitted where it would detract from the visual quality of the setting of protected structures;
• In all other cases, regard to the visual impact of a proposed advertising hoarding and potential of traffic hazard arising from same will be imperative;
• The scale of display panels must be related to the scale of the buildings and streets in which they are located;
• Where illuminated hoardings are proposed, their effect on the streetscape during the hours  of darkness and on the amenities of the area will be considered;
• Display panels may form part of the visual screening around building sites or sites awaiting re-development. In such cases, temporary permissions will be considered where appropriately sized panels form an integral part of an overall boundary treatment and do not comprise more than half of the total surface area of such treatment;
• As a general rule, planning permissions for outdoor advertising will be limited to a maximum of three years in the first instance, to enable the position to be reviewed by Waterford City & County Council in light of changing circumstances at the end of that period; and,
• The number and scale of hoardings in the vicinity of the site will be a material consideration.

• The type of illuminated signs, internally or externally illuminated, individual letters/neon tubes, should be determined by consideration of the design of the building and its location.
• The design of an illuminated sign should be sympathetic to the building on which it is to be displayed. It should not obscure architectural features such as cornices or window openings in the area. On new buildings they should be part of the integral design.
• The daytime appearance when unlit will be considered;
• Sky signs, i.e. signs which project in any part above the level of a building parapet or obtrude on the skyline, are regarded as objectionable in principle and will not be permitted;
• Neon tubular strip lighting is generally not acceptable; and,
• The number of illuminated signs in the area.

• The signs shall conform to Waterford City and County Council design requirements;
• The signs shall be made by a manufacturer approved by the Department of Environment;
• The signs shall be left in position only for so long as the facility indicated is available or until the expiry of the licence, whichever is the shorter;
• The signs shall be placed on existing Local Authority poles erected in the locations to be agreed with the District Engineer and District Planner. No part of the signs shall be closer than 0.5m to the carriageway edge.
• Any licence shall be limited to 10 years from the date of issue, at which time all signage and support poles shall be dismantled and removed from the site at the operators expense, and the site shall be restored to its natural state at that time, unless a formal application for the extension of the licence has been made to, and issued by, Waterford City & County Council; and,
• Where, in the opinion of Waterford City & County Council, by reason of the increase or alteration of traffic on the roads, or the widening of the roads or any improvement of, or relating to, the roads, the structures/causes an obstruction or becomes dangerous, the Council may, by notice in writing, withdraw the licence and require the licensee to remove any of the structure(s) at their own expense.

• Size and nature of facility;
• The effect on the amenity of neighbouring residents;
• The standard of accommodation for the intended occupiers of the premises;
• The availability of adequate, safe and convenient arrangements for car parking and servicing;
• The type of advertising proposed;
• The effect on listed buildings and/or conservation areas;
• The number of existing facilities in the area.

The provision of any of the above will be strictly controlled, having regard to the following, where appropriate:

• The amenities of nearby residents, i.e. noise, general disturbance, hours of operation, and litter.
• Location of vents and other external services and their potential impact on adjoining amenities in terms of noise/odour/visual impact.
• The need to safeguard the vitality and viability of shopping areas in the city and county and to maintain a suitable mix of retail uses.
• Traffic considerations.
• The number/frequency of such facilities/events in the area.
• The scale of the development proposed in keeping with the scale of the building and the pattern of development in the area.
• The treatment of shopfront advertising and window display.
• The operators come to a satisfactory arrangement with the Council in relation to litter  control.
• The larger leisure complexes which contain a mix of uses, e.g. cinema, bowling, and restaurant will be treated on their merits.

• Suitability of the site for the type and size of facility proposed.
• Adequate sleeping/rest facilities.
• Adequate availability of indoor and outdoor play space.
• Convenience to public transport nodes.
• Safe access and convenient off-street car parking and/or suitable drop-off and collection points for customers and staff.
• Local traffic conditions.
• Intended hours of operation.

Location

The preferred location for petrol filling stations is within the 50-60kph speed limit of all settlements.

Design and Layout

Design and layout of service stations and forecourts should be of high quality and integrate with the surrounding built environment. In urban

centres, where the development would be likely to have a significant impact on the historic or architectural character of the area, the use of standard corporate designs and signage may not be acceptable.

Road Frontage & Access

In general, a minimum road/street frontage of 30 metres shall be required. This may be reduced where the development can demonstrate compliance with the required sight distances for various road categories at the entrances/ exits of the proposed development.

• A low wall of an approximate height of 0.6 metres shall be constructed along the frontage with allowance for two access points each 8 metres wide;
• The pump island shall generally be not less than 7 metres from the footpath/road boundary.

Lighting & Signage

All external and canopy lighting should be directed away from the public road and contained within the site, and a proliferation of large illuminated signs will not be permitted.

No signage cluster shall be permitted.

Car Wash

Any car wash proposals will require a discharge licence, and shall be sited so as not to result in queueing onto the public road network, nor interfere with the amenities of the area.

Retail Element

Any shop being provided shall be ancillary to the principal use of the premises as a filling station and shall be a maximum floor area of 100sqm (excluding storage).  Where an increase in this is sought, the sequential approach to retail development shall apply i.e. the retail element shall be assessed similar to an application for a standalone retail development in the same location.

Forecourt shops should be designed and sited to facilitate safe pedestrian and bicycle access, with unimpeded access for delivery vehicles. The safety aspects of circulation and parking within the station forecourt should be demonstrated fully.

Opening Hours

Late night opening will only be permitted if it does not impact adversely on nearby residences.

Workshops

Workshops for minor servicing (e.g. tyre changing, puncture repairs; oil changing; car valeting), may be permitted in circumstances where they would not adversely impact the operation of the primary petrol station use and local amenities, particularly with regard to proximity to dwellings or adjoining residential areas.

Charging Points

Rapid EV charging point(s) should be provided and clearly demarcated with appropriate signage, in collaboration with ESB Networks.

Permissions

All filling station applications, including applications for improvement or extension, will require Autotrack Analysis, TTA and a Safety Audit.

• Such facilities will be resisted in remote locations removed from urban areas. They should be located into established neighbourhoods / residential areas well served by community infrastructure, and amenities. Future residents should expect reasonable access to local services such as shops and community facilities.
• The potential impact on residential amenities of adjoining properties.
• Nursing Homes/Assisted Living Accommodation will provide at least 20% open space of the overall site area and should include the follow:
  • Include detailed open space and landscaping plans that take account of the location of the facility and orientation.
  • Provide at least 15 sq.m. open space per resident (unless otherwise agreed with the Planning Authority).
  • Have regard to the availability/suitability of already existing open space.
  • Respect and accommodate the specific needs of the residents of the facility.
  • Be accessible for all users and provide links to adjoining public footpaths.
  • Incorporate age friendly principles in the design.
• Adequate provision of parking facilities.
• The size and scale of the proposal must be appropriate to the area.
• Proximity of high-quality public transport links and provision of good footpath links.

In evaluating applications for telecommunications installations, the Council will have regard to “Telecommunications Antennae & Support Structures Guidelines for Planning Authorities” (1996), and Department Circular PSSP 07/12.

Co-location of such facilities on the same mast or cabinets by different operators is favoured to discourage a proliferation, and co-location agreements to be provided where possible. Where new facilities are proposed applicants will be required to satisfy the Council that they have made a reasonable effort to share facilities or to locate facilities in clusters.

• The Waterford Landscape and Seascape Character Assessment.
• Visual impact particularly on raised/elevated sites.
• Archaeological Impact Assessment and Heritage Impact Assessment.
• Zone of visual influence, and visual impact of the structures.
• Glint and glare report and potential impact on adjoining road networks and dwellings.
• Construction impacts, including road access and impact on road network serving the site during the construction phase (A pre and post construction impact report may be required).
• Incorporation of security measures – use of CCTV/surveillance cameras and security fencing, fencing proposals should be appropriate for wildlife through-access.
• The suitability/strength of the grid and accessibility to it.
• The suitability of the site, having regard to other land use policies, including the need to protect areas of important built and natural heritage.
• Impact on drainage patterns and water tables.
• Incorporation of green infrastructure elements and opportunities provided to enhance/ improve biodiversity and biodiversity linkages.
• Decommissioning of obsolete infrastructure and after-use.