Chapter 14: Land-use zoning

Opendate_range27 Jul, 2022, 9:00am - 1 Sep, 2022, 4:30pm
Material Alteration Reference Number 14.1

Chapter 14
Section: 14.7 Primary Land use Categories
Page: 609 Table 14.1

Amendment:

(Z16 Affordable Housing and Employment)

Material Alteration Reference Number 14.2

Chapter 14
Section: 14.7.2 Residential Neighbourhoods (Conservation Areas) - Zone Z2
Page: 611, first paragraph, first sentence

Amendment:

Residential conservation areas have extensive groupings of buildings and associated open spaces with an attractive quality of architectural design and scale. {A Zone Z2 area may also be located within or surrounded by an Architectural Conservation Area and/or a group of protected structures.}

Material Alteration Reference Number 14.3

Chapter 14
Section: 14.7.4 Key Urban Villages and Urban Villages – Zone Z4
Page: 615, final paragraph

Amendment:

Z4 – Open for Consideration Uses
Advertisement and advertising structures, betting office, Build to Rent residential, civic and amenity/recycling centre, conference centre, embassy residential, funeral home, garage (motor repair/service), household fuel depot, internet café/call centre, laundromat, nightclub, (office), outdoor poster advertising, postal hotel/motel, shop (factory shop), shop (major comparison), student accommodation, warehousing (retail/non-food)/retail park.

Material Alteration Reference Number 14.4

Chapter 14
Section: 14.7.4 Key Urban Villages and Urban Villages – Zone Z4 Open for Consideration Uses’
Page: 616, 1st paragraph

Amendment:

In the case of Z14 lands that are identified as (KDCs) {KUVs}, all uses identified as permissible uses and open for consideration uses on Z4 lands will be considered.

Material Alteration Reference Number 14.5

Chapter 14
Section: 14.7.6 Employment/Enterprise – Zone Z6
Page: 619, Z6 - Open for Consideration Uses

Amendment:

Z6 – Open for Consideration Uses
Advertisement and advertising structures, amusement and leisure complex, beauty/ grooming services, betting office, boarding kennel, buildings for the health, safety and welfare of the public, car trading, community facility, craft centre/ craft shop, crematorium, {embassy residential}, financial institution, funeral

Material Alteration Reference Number 14.6

Chapter 14
Section: 14.7.8 Georgian Conservation Areas – Zone 8
Page: 620, 2nd Paragraph

A range of uses is permitted in such zones, as the aim is to maintain and enhance these areas as active residential streets and squares during the day and at night-time. Offices or the expansion of existing office use may be permitted where they do not impact negatively on the architectural character and setting of the area and do not result in an over-concentration of offices within a Z8 zoned area. {Where residential levels are low, it is the aim to encourage more residential use in the area, to include support for sub‐division and universal access that do not impact negatively on the architectural character and setting of the area (for example in line with the South Georgian Townhouse Re-Use Guidance Document commissioned by Dublin City Council in March 2019).}

Material Alteration Reference Number 14.7

Chapter 14: Land Use Zoning
Section: 14.7.9 Amenity/Open Space Lands/Green Network – Zone Z9
Page: 622, 5th paragraph of Section 14.7.9

Amendment:

In certain specific and exceptional circumstances, where it has been demonstrated to the satisfaction of the planning authority, some limited degree of residential or commercial development may be permitted on Z9 land subject to compliance with the criteria below:

  • Where it is demonstrated that such a development would be essential in order to ensure the long term retention, enhancement and consolidation of a sporting facility on the site.
  • Any such {residential/commercial} development must be {subordinate} (ancillary) in scale and demonstrate that the primary sporting land use on the site is not materially eroded, reduced or fragmented.
  • In all cases, the applicant shall submit a statement, (as part of a legal agreement under the Planning Acts,) demonstrating how the sports facility will be retained {and enhanced} (long term) on site.
  • (Only a once-off development in respect of the site/lands in the ownership of and/or use by the sporting facility will be considered.)
  • {In proposals for any residential/commercial development, the applicant must demonstrate that the future anticipated needs of the existing use, including extensions or additional facilities would not be compromised.}
  • In all cases {(with the exception of land disposed of prior to the adoption of the plan),} the applicant shall be the sports club owner (/occupier.) {or have a letter of consent from the owner.}
Material Alteration Reference Number 14.8

Chapter 14
Section: 14.7.9 Amenity/Open Space Lands/Green Network – Zone Z9
Page: 622, Z9 – Permissible Uses

Amendment:

Z9 – Permissible Uses
Allotments, cemetery, {club house associated with the primary Z9 objective,} municipal golf course, open space, public service installation.

Material Alteration Reference Number 14.9

Chapter 14
Section: 14.7.9 Amenity/Open Space Lands/Green Network – Zone Z9
Page: 622, Z9 – Open for Consideration Uses

Amendment:

Z9 – Open for Consideration Uses
Boarding kennel, café/ tearoom, caravan park/camp site (holiday),car park for recreational purposes, childcare facility, civic and amenity/recycling centre, community facility, (club house and associated sports facilities,)craft centre/craft shop, crematorium, cultural/recreational

Material Alteration Reference Number 14.10

Chapter 14
Section: 14.7.10 Inner Suburban and Inner City Sustainable Mixed-Uses – Zone Z10
Page: 623, 2nd and 4th paragraphs

Amendment:

In order to ensure that a mixed use philosophy is adhered to on Z10 zoned lands, the focus will be on delivering a mix of residential and commercial uses.  (and t) {T}here will be a requirement that {a range of 30% to} (maximum of) 70% {of the area} of (a) Z10 zoned {lands} (site (30% or greater)) can be given to one particular use, with the remaining portion of the {lands} to be given over to another use or uses (e.g. residential or office/employment). {For very small sites, typically less than 0.5ha, flexibility on mix requirement may be considered on a case by case basis, where it can be demonstrated that the proposal would not result in an undue concentration of one particular land use on the Z10 landholding as a whole.}

(Z10 – Open for Consideration Uses) {Z10 - Open for Consideration Uses}
{Advertisement and a}(A)dvertising structure{s}, betting office, boarding kennel, Build to Rent residential, car park, car trading, funeral home, garage (motor repair/ service), garden centre/ plant nursey, household fuel depot, industry (light), laundromat, nightclub, office-based industry, outdoor poster advertising, petrol station, pigeon loft, postal hotel/motel, science and technology-based industry, student accommodation, take-away, transport depot, warehousing (retail/non-food)/retail park, wholesale outlet.

Material Alteration Reference Number 14.11

Chapter 14
Section: 14.7.13 Strategic Development and Regeneration Areas– Zone Z14
Page: 628, Permissible and Open for Consideration Uses

Amendment:

Z14 – Permissible Uses
Assisted living/retirement home, beauty/ grooming services, bed and breakfast, buildings for the health, {Build To Rent residential,} safety and welfare of the public, café/ tearoom, childcare facility, community facility, conference centre, craft

Z14 – Open for Consideration Uses
Advertisement and advertising structures, betting office, (Build To Rent residential), car park ancillary to main use, car trading, civic and amenity/recycling centre, cultural, creative and artistic enterprises and uses

Material Alteration Reference Number 14.12

Chapter 14: Land Use Zoning
Section: 14.7.14 Community and Social Infrastructure
Page: 628

Amendment:

Land-Use Zoning Objective Z15: To protect and provide for community uses and social infrastructure

Z15 lands (typically) comprise {a variety of} (large) sites, often consisting of long established complexes of institutional/community buildings and associated open grounds. (, but also comprise smaller sites usually in more central areas.) The existing uses on these lands generally include community, {social or institutional}(related) development such as schools, colleges, sports grounds, residential institutions and healthcare institutions, such as hospitals.

Such facilities are considered essential in order to provide adequate community and social infrastructure commensurate with the delivery of compact growth {and the principle of the 15 minute city}. It is the policy of the council to promote the retention, protection and enhancement of the city’s Z15 lands as they contribute to the creation of vibrant neighbourhoods, {healthy placemaking} and a sustainable well connected city.

The city’s Z15 landbank also accommodates many nationally important institutions such as the RDS and St. James’ Hospital, and the Council are committed to safeguarding their continued operation, consolidation and enhancement.

In recent years, Z15 lands have come under increased pressure for residential development. However, protecting and facilitating the ongoing use of these lands for community and social infrastructure, {as well as their use in some instances for charitable purposes,} is a key objective of the Council. The Council are committed to strengthening the role of Z15 lands and will actively discourage the piecemeal erosion and fragmentation of such lands.

{The following paragraphs sets out the criteria for:

  1. Development on Z15 lands
  2. Development following cessation of Z15 use}

{A: Development on Z15 Lands}

Limited residential/(office){commercial} development on Z15 lands will only be allowed in highly exceptional circumstances where it can be demonstrated by the (institutional) landowner/{applicant} that the proposed development is required in order to maintain or enhance the function / operational viability of the primary institution{al}/social/community use on the lands {and/or other institutional social/community use within the Dublin City Council area in the control of the landowner/applicant} ((see paragraph 14.3.1 above)). The following criteria must also be adhered to:

  • {In proposals for any residential/commercial development, the applicant must demonstrate that the future anticipated needs of the existing use, including extensions or additional facilities would not be compromised.}
  • Any such residential/(office) {commercial} development must demonstrate that it is {subordinate}(ancillary) in scale to the primary {institutional}/social/community use.
  • {Where appropriate, proposals should be subject to consultation with the relevant stakeholder e.g. Department of Education/Health Service Executive.}
  • The development must not compromise the open character of the site and should have due regard to features of note including mature trees, boundary walls and any other feature/s as considered necessary by the council.
  • (Only a once-off development in respect of the site / lands in the ownership of and /or use by the institution will be considered).
  • In all cases, the applicant shall submit a statement, {typically in the form of a business plan,} (as part of a legal agreement under the Planning Acts,) demonstrating how the existing institutional{/social/community} facility will be retained {and enhanced} (long term) on {the}site{/lands}.
  • In all cases {(with the exception of land disposed of prior to the adoption of the plan),} the applicant shall be the (institutional) {land}owner(/occupier) {or have a letter of consent from the landowner}.
  • (In cases of rationalisation of an existing use in order to facilitate such a residential/office development, the applicant must demonstrate that the future anticipated needs of the existing use, including extensions or additional facilities would not be compromised.)

For clarity, the above criteria do not apply to residential institution use {, including ancillary staff accommodation or assisted living/retirement home.} ((e.g. supported living units).) {Student accommodation will only be considered in instances} where it is related to the primary use on the Z15 lands.

{Any proposed development for ‘open for consideration’ uses on part of the Z15 landholding, shall be required to demonstrate to the planning authority how the proposal is in accordance with and assists in securing the aims of the zoning objective;} (how it provides for significant new community and social infrastructure that will be of benefit to the wider community; ) {and, how such a development would preserve, maintain or enhance the existing social and community function(s) of the lands subject to the development proposal.}

{B: Development Following Cessation of Z15 Use}

(In instances where all or part of a Z15 landholding, is sold or otherwise disposed of for development (e.g. where there has been a cessation of the existing use or the lands or part thereof are sold effectively severing them from the existing primary institutional landholding), the use of the lands will continue on the basis that the existing community and social infrastructure function of the lands remains.) The cessation of an existing {Z15 institutional}/social/community use on a site or change in land ownership does not extinguish / negate the (function of such lands for) {purpose of these lands for}community and social infrastructure {use. It is the objective of the Council that such lands should be retained for a use in accordance with the zoning objective unless exceptional circumstances prevail.}

In {such} (these) circumstances, (i.e. cessation of use on a Z15 site or disposal of all or part of a Z15 site), a variation or {material contravention} to the Development Plan will be required to develop such lands for (other uses including) residential/(office){commercial} purposes. Any such variation/{materialcontravention} would need to be supported by a detailed {community and social infrastructure audit}(masterplan) which should clearly demonstrate why the land is not viable / suitable for social and community use {(defined as the physical infrastructure necessary for successful communities, i.e. community infrastructure such as schools, libraries, community centres, cultural spaces, health centres, facilities for the elderly and persons with disabilities, childcare facilities, parks, and other facilities and spaces for play and recreational activity) in accordance with the zoning objective.}

{Masterplan Requirement

In either scenario A or B, it is a requirement that for sites larger than 1ha that a masterplan is provided.} (The Masterplan should also set out a clear vision for the {Z15} lands and provide for) {The masterplan must set out the vision for the lands and demonstrate that} a minimum of 25% of the overall development {site/}lands is retained for open space and/or community and social facilities. This requirement need not apply if the footprint of existing buildings to be retained on the site exceeds 50% of the total site area.

(The masterplan must incorporate landscape features that contribute to the open character of the lands and ensure that public use including the provision of sporting and recreational facilities which would be available predominantly for the community are facilitated.) The 25% public open space shall not be split up, unless site characteristics dictate otherwise, and shall comprise mainly of soft landscaping suitable for recreational and amenity purposes and should contribute to, and create linkages with, the strategic green network. {Development proposals must incorporate landscape features that contribute to the open character of the lands and ensure that public use, including the provision of sporting and recreational facilities which would be available predominantly for the community, are facilitated.}

Where there is an existing sports pitch or sports facility on the Z15 lands subject to redevelopment, commensurate sporting/recreational infrastructure will be required to be provided and retained for community use where appropriate as part of any new development (see also Chapter 10: Green Infrastructure and Recreation, Policy GI49).

(Any proposed development for ‘open for consideration’ uses on part of the Z15 landholding, shall be required to demonstrate to the planning authority how the proposal is in accordance with and assists in securing the aims of the zoning objective; (how it provides for significant new community and social infrastructure that will be of benefit to the wider community); and, how such a development would preserve, maintain or enhance the existing social and community function(s) of the lands subject to the development proposal.)

Z15 – Permissible Uses
{Assisted living/retirement home,} Buildings for the health, safety and welfare of the public, café/ tearoom {(associated with the primary use)}, cemetery, childcare facility, club house and associated sports facilities, community facility, cultural/recreational building and uses, education, medical and related consultants, open space, place of public worship, {primary health care centre}, public service installation, residential institution (and ancillary residential accommodation for staff), sports facility {and recreational uses}.

Z15 – Open for Consideration Uses
Allotments, (assisted living/retirement home), (bed and breakfast), car park ancillary to main use, civic and amenity/recycling centre, conference centre {(associated with the primary use)}, crematorium, craft centre/ craft shop {(associated with the primary use)}, (delicatessen, funeral home, guesthouse, hostel (tourist)), municipal golf course, (primary health care centre), (restaurant, shop (local)), student accommodation (associated with the primary institutional use), training centre {(associated with the primary use)}, veterinary surgery. ((see (paragraph 14.3.1 and) above paragraphs in relation to residential/office proposals).)
 

Material Alteration Reference Number 14.13

Chapter 14
Section: 14.7.15 Affordable Housing and Employment – Zone Z16
Page: 632

Amendment:

Delete Section 14.7.15 Affordable Housing and Employment - Zone Z16

(Land-Use Zoning Objective Z16: To seek the social, economic, and physical development and/or rejuvenation of an area with mixed-use, the primary objective of which would be the delivery of affordable housing and employment. The new Z16 zoning would require a master plan for all sites rezoned to Z16. The master plan would be developed in full consultation with DCC, the National Transport Authority, Transport Infrastructure Ireland, the Department of Education and Skills, representative Enterprise and Employment bodies, Irish Water, and the local community. The land uses of the new Z16 zoning would be defined as follows: 30% Employment 10% High Quality Recreational Open Space 10% Community and/or Cultural Amenities 10% Private Residential 40% Social and Affordable residential – to be comprised of a mix of social housing, affordable purchase, affordable rental and senior citizen’s housing with affordability to be defined by the Dublin City Council Housing SPC with the approval of the full council.)

Material Alteration Reference Number 14.14

To amend ‘sports facility’ to ‘sports facility and recreational uses’ in all relevant zoning categories under permissible and open for consideration and to update land use definition accordingly.