Section 6.0 Rural Development

Closed19 Jul, 2022, 12:00pm - 19 Jul, 2022, 12:01pm

6.1     Rural Development

In visually sensitive areas, the Planning Authority will require that:

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  • Agricultural buildings/ structures be sited as unobtrusively as possible, and
  • The design, scale, siting and layout of agricultural buildings should respect, and where possible, enhance the rural environment.
  • Appropriate materials and colours are used. The use of dark colours, notably, dark green/reds and greys are most suitable for farm buildings.
  • The planting of shelter belts will be required to screen large scale sheds and structures.
  • Buildings should generally be located a minimum of 100metres from the nearest dwelling other than the applicants dwelling.
  • The Council will generally seek to cluster agricultural buildings and structures together, and siting to assimilate effectively into the landscape.
  • Any proposals for farmyard developments must make provision for runoff, and where there is a danger of groundwater or surface water contamination, the Council will require appropriate treatment of runoff. The Council shall have regard to the European Communities (Good Agricultural Practice for Protection of Waters) Regulations 2009 (S.I 101 of 2009) in relation to acceptable agricultural practice standards.

6.2     Micro Enterprises/Rural Diversification

Waterford City & County Council will consider rural micro-enterprises in areas outside of designated settlements where the following criteria are adhered to:

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  • The business is a start-up, micro enterprise and there are intrinsic links between the proposed development and its location and/or cottage industry;
  • All applicable development control standards are satisfied;
  • The proposal does not adversely affect traffic safety;
  • For ‘cottage industries’, limited retailing may be provided for;
  • The proposed building/use does not impact negatively on adjoining land uses;
  • The proposal is accompanied by a business plan; and
  • The proposed building/use would not detract materially from the rural character or residential amenity of the area.

Photo of An Rinn landscape

6.3     Home-Based Economic Activity

The Council also recognises the role for appropriately scaled home-based economic activity. Such activity is defined as small scale commercial activity carried out by residents of a house, being subordinate to the use of the house as a single dwelling unit and includes working from home. The home-based activity should be ancillary to the main residential use and the resident continues to reside in the house. The proposal shall not have any adverse impacts on the amenities of neighbouring dwellings. In determining applications involving working from home the planning authority will have regard to the following:

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  • The type of business proposed;
  • The nature and extent of the work;
  • The proposed times of operation;
  • Anticipated levels of traffic generated by the proposal, accessibility, and car-parking;
  • The effects on the amenities of the adjoining occupiers particularly in relation to hours of work, noise and general disturbance;
  • Members of the public in terms of numbers coming and going from the premises; at what times; car-parking/traffic/noise generated from visiting members of the public;
  • Whether the proposals require deliveries to be received & how this will be dealt with; and,
  • Arrangements for storage and collection of waste.

6.4     Mineral Extraction

The Council recognises that the extractive industry plays an important role in the construction industry and with appropriate care in initial site selection, process design and environmental monitoring, mineral extraction can be compatible with a wide range of appropriate adjacent land uses and habitats. Section 261 of the Planning & Development Act 2000 (as amended), provided for the registration and control of quarries. All new applications for quarries shall be assessed and have regard to  DoEHLG Guidelines such as the “Quarries and Ancillary Activities”, 2004, Guidelines for Environmental Management in the Extractive Sector (EPA, 2006), Guidance on Biodiversity in the Extractive Industry” (NPWS), GSI’s Geological Heritage “Guidelines for the Extractive Industry”, the Archaeological Code of Practice and the Irish Concrete Federation Environmental Code (2005), and any other relevant superseding policy guidance.

Environmental Impact Assessment (E.I.A.) and the submission of an Environmental Impact Assessment Report (EIAR) will be required with a planning application where the defined thresholds outlined in the Planning & Development Regulations 2001 (as amended) are exceeded for certain types of development. In cases where thresholds are not exceeded the Planning Authority may still exercise its powers under Article 103(1) of the Regulations 2001 (as amended), and require the applicant to submit to the Authority the information specified in Schedule 7A for the purposes of a screening determination where there is significant and realistic doubt in regard to the likelihood of significant effects on the environment arising from the proposed development, or where it is determined that there is a real likelihood of significant effects on the environment arising from the proposed development, to submit to the Authority an EIAR in order for the Planning Authority to fully assess the impacts of proposed development on the surrounding area.

Photo of Mineral Extraction Site

Planning applications which relate to the extractive industry (including cement batching facilities, quarries and sand and gravel pits), shall be assessed having regard to:

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Details which should be submitted by the applicant as part of proposal:

  • Map detailing total site area, area of excavation, any ancillary proposed development and nearest dwelling and/or any other development within 1km of the application site.
  • Description of the aggregate to be extracted, method of extraction, any ancillary processes (crushing etc), equipment to be used, stockpiles, storage of soil and overburden and storage of waste materials.
  • Total and annual tonnage of extracted aggregates, expected life time of the extraction, maximum extent and depth of working and a phasing programme.
  • Details of water courses, water table depth and hydrological impacts, natural and cultural heritage impacts, traffic impact and waste management.
  • Assessment of cumulative impact when taken with any other extractive operations in the vicinity.
  • Likely environmental effects, proposed mitigation measures and restoration.
  • Details of any possible impacts and proposed mitigation measures on any Geological or Archaeological Heritage sites.
  • Detailed Rehabilitation and after-care proposals. These should include a report with plans and section drawings, detailing the following:
    • Anticipated finished landform and surface/landscape treatments (both of each phase proposed (where applicable) and the excavation as a whole),
    • Quality and condition of topsoil and overburden,
    • Rehabilitation works proposed,
    • Type and location of any vegetation proposed,
    • Proposed method of funding and delivery of restoration/reinstatement works etc.
  • Current Legal Planning Status of the Existing Development (Quarry/Sand and Gravel Pit).
  • Justification on need for the development proposed, the extent of existing authorised quarry supplies available, and the impact of the development on the local environment.
  • Limited duration on permissions may be provided to allow for the re-evaluation of the development in light of unforeseen environmental implications and in light of changes in environmental standards, and technology.

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Where it is proposed to reclaim, regenerate or rehabilitate old quarries by filling or re-grading with inert soil or similar material, or to use worked-out quarries as disposal locations for inert materials, the acceptability of the proposal shall be evaluated against the following key criteria:

  • The impact of the proposal on the landscape.
  • Any possible loss of biodiversity that may have developed in the worked-out quarry.
  • The impact such proposals may have on natural ground and surface water flows or networks in the area and the potential to give rise to flooding or new surface water flows onto adjoining lands or roads.
  • The suitability of the road network in the area to accommodate the traffic flows of heavy vehicles that may be generated.

The Council will resist development that would significantly or unnecessarily alter the natural landscape and topography, including land infilling/reclamation projects or projects involving significant landscape remodeling, unless it can be demonstrated that the development would enhance the landscape and / or not give rise to adverse impacts.

Permissions granted for planning applications which relate to extractive industries will also be subject, by way of planning condition, to the lodgement, by the developer, of a financial bond to ensure the satisfactory reinstatement of the site following the completion of extraction. This bond shall be index linked.

It should also be noted that a special contribution levy may be required from the developer towards the cost of upgrading or repairing the local roads serving the quarry, and to minimise the adverse impacts of associated quarry operations on the road network.

6.5     Forestry

Forests and woodlands are a natural resource which can provide commercial, recreational, environmental, amenity and aesthetic benefits to the County. Forestry can provide a supplementary form of farm activity through planting maintenance and harvesting and can also provide a sustainable construction material and a source of renewable energy.

The Council will ensure that all afforestation is carried out in compliance with Government policy (as updated and reviewed), as set out by the Department of Agriculture, Food and the Marine in “Forests, Products and People – Ireland’s Forest Policy – A Renewed Vision”  (2014), . Initial afforestation is exempted under the Planning and Development Regulations 2001 (as amended)[1] while an Environmental Impact Assessment is only required for afforestation exceeding areas of 50ha. Forestry should not obstruct existing rights of way, traditional walking routes, and recreational facilities. The Council require that the following standards are adhered to:

Photo of forrest landscape

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  • Avoid planting in geometric shapes, particularly in upland areas;
  • Felling shall be phased rather than clear felling;
  • The edge of the afforestation shall relate to landscape features and not to contours or straight lines;
  • The convergence of the forest edge and the skyline shall be avoided;
  • On steep slopes above the 300m contour line new afforestation will be strongly discouraged and where possible existing areas under forestry will be reduced and / or redesigned following clearfell;
  • Applications for afforestation shall incorporate planting of broadleaf, indigenous species, as well as opportunities for habitat linkage and wider eco-services; and,
  • Access to forestry for walking routes, biking trails and other non-noise generating recreational activities will be encouraged.

To protect the safety of operations at Waterford Regional Airport, forestry plantation proposals should have regard to Appendix 12 of the Development Plan 2022-2028 (Waterford Regional Airport & Business Park Masterplan), which contains details of Airport Control Zones. It is recommended that applicants should also consult with Waterford Airport plc and/or the Planning Authority prior to the advancement of forestry proposals.

[1] Subject to the general conditions and limitations pertaining to exempted development

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