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					                                                                                   Appendix 1

                                                                Land-use Zoning Legend



Primary Land-use Categories

The following paragraphs set out the requirements for the main categories of land-use zoning. It
is an objective to:


Residential Use and Residential Reserve

Zone 2-1        Ensure that all new housing developments in Bundoran, including permanent
                housing, visitor accommodation and caravan parks are carried out in accordance
                with Chapter Five of this plan, particularly in relation to housing mix, density and
                tenure.

Zone 2-2        Promote development for housing and caravan parks, associated open space,
                community uses and only where an acceptable standard of amenity can be
                maintained, a limited range of other uses that support the overall residential
                function of the area.

Zone 2-3        Maintain and enhance overall standards of amenity within established residential
                areas and to promote the provision of community and other facilities such as
                childcare as an integral part of both new and established residential areas
                subject to overall residential amenity.

Zone 2-4        Foster a high standard of neighbourhood design in both established and new
                residential areas and to improve permeability and access.


Town Centre Use

Zone 3-1        Promote the town centre as the primary location for retail, business, cultural,
                residential and other uses.

Zone 3-2        Maintain and enhance the mixed-use character of the town centre.

Zone 3-3        Improve the quality of civic design and hard and soft landscaping, to promote
                improved pedestrian access, movement and safety throughout the town.


Town Centre Masterplan

Zone 4-1        Prepare a masterplan for that area of the town centre that is designated as a
                masterplan area to facilitate the creation of a vibrant and diverse new town
                centre quarter, which enhances and contributes to the vitality and viability of the
                overall defined town centre.




                                                1
Seafront Masterplan

Zone 5-1         Continue to protect the seafront as an important tourism, recreational and
                 amenity resource for Bundoran.

Zone 5-2         Ensure that only ancillary proposals, including extensions to existing structures
                 are considered within the Seafront Masterplan area.

Zone 5-3         Continue to carry out environmental improvements to the seafront in accordance
                 with the Seafront Improvements Programme.


Community Facilities

Zone 6-1         Promote the provision of educational, childcare, community related and health-
                 care development that is not, generally, appropriate to the town centres or other
                 areas including, where relevant, the provision of ancillary accommodation and
                 facilities.

Zone 6-2         Ensure that the likely demand for car-parking and delivery vehicles are fully met
                 within the site and to apply the highest standards of design including hard and
                 soft landscaping.

Zone 6-3         Promote the provision of development for playgrounds, parks, other areas for
                 outdoor activities, sports centres, sports pitches, outdoor recreation training
                 centres and landscaped areas.


Mixed Employment Zone

Zone 7-1         Promote the development of the mixed employment zone as the primary location
                 for uses including manufacturing, repairs, warehousing, distribution, open-
                 storage, waste materials treatment and recovery, transport operating centres,
                 wholesale, business service uses and the sale of motor vehicles etc. The
                 development of inappropriate uses, such as retailing will not normally be
                 encouraged.

Zone 7-2         Ensure that the likely demand for car parking and delivery vehicles are fully met
                 within the site and to apply the highest standards of design including hard and
                 soft landscaping.


Flagship Sites

Zone 8-1         Ensure that the key strategic flagship sites are developed for major, landmark
                 tourist related developments. Only failing the development of a flagship project
                 on these sites to ensure that any alternative development warrants the use of
                 such a strategic location and contributes to the economic tourism product of
                 Bundoran.

Zone 8-2         Consider the provision of an indoor park and entertainment complex (including
                 an all-weather element) on one of the flagship sites.




                                                2
Coastline

Zone 9-1     Coastal Conservation Zone protection for the integrity of the coastal setting
             including views and prospects.

Zone 9-2     No development will be permitted within this significant environmental amenity,
             other than proposals to extend or renovate established structures.

Zone 9-3     Coastal Management Area will remain free of development.


Open Space / Sports / Recreation

Zone 10-1    These lands will be reserved solely for open space / sports and recreational uses.
             Ancillary infrastructure may also be considered within these lands provided they
             are of a minimal scale and directly associated to a recreational use.




                                             3
                                                                                   Appendix 2

                                                       Record of Protected Structures
                                                      Architectural Conservation Area
                                                                Recorded Monuments


Record of Protected Structures


Ref.   Description                                                    Importance    Duchas
No.                                                                   Rating        Inventory
                                                                                    No.     and
                                                                                    Value
1      Sisters of Mercy / Villa Nova – 2 storey Georgian detached     N/A           N/A
       house with 2 storey hipped roof and rear projection.
2      Sisters of Mercy – Single storey Georgian gate lodge with      N/A           N/A
       hipped roof.
3      End of terrace 3 bay, 3 storey over basement former late                     40801309
       Georgian house (Westlea House) built c. 1850 with 2
       storey over basement return to rear.                           Local         AGS

4      End of terrace 3 bay, 3 storey over basement former late                     40801308
       Georgian house built c. 1850 with 2 storey over basement
       return to rear.                                                Local         AGS

5      Detached over gable fronted disused Presbyterian church                      40801304
       with spire to façade built 1865, with ruins of vestry to
       rear.                                                          Regional      ASM

6      Ulster Tourist House – Two storey 6 bay house with             N/A           N/A
       attractive fanlight.
7 –    Bayview Terrace – Row of nine 2 bay 3 storey Victorian                       40801310
14     house c. 1890 with 2 storey canted bay window and
       cantilevered balcony and gables to front and 2 storey          Regional      AGSM
       returns to rear.
15     Detached Church of Ireland Episcopal Church.                   N/A           N/A

16     St Louise’s Convent – Detached 7 bay, 2 storey Gothic          Local         40801306
       revival convent on L-shaped plan with gabled single
       storey entrance porch with bell cote to gabled projecting                    AIGPS
       central bay behind, built c. 1890, with 2 storey split level
       and single storey split level and single storey extensions
       to rear.
17     M. Phillips, The Bookies (Shell House) - Terraced 3 bay, 2     Local         40801312
       storey house built c. 1870, with frontage clad with shells
       and crockery mosaic c. 1930 with 2 storey return and                         V
       single storey extension to rear.
18     Kitchen Bake Cake & Coffee Shop – Detached 5 bay single        Regional      40801302
       storey former Methodist Chapel with entrance porch to
       east built 1888 with extensions to NE and mezzanine                          APSM
       inserted c. 1980 on conversion to coffee shop, with glazed


                                                 4
       porch to street.
19     AIB Bank – Formerly mid-terrace 3 bay, 3 storey                Local           40801305
       Italianate bank built c. 1875 with 2 storey return and
       single storey over basement extension to rear.                                 ASM

20     Thatched cottage – Terraced 3 bay storey, thatched             Local           40801311
       cottage built c. 1830.
                                                                                      V

21     Railway Bridge – Single arched road bridge over railway        Record Only     40801316
       built c. 1865, with dressed rubble stone abutments,
       drafted margins to corners, rubble stone vault, bullnose                       AHTGM
       ashlar copings to retaining walls to sides and tooled ashlar
       coping to parapet.
22     Railway Bar – End of Terrace corner 3 bay, 2 storey
       former house built c. 1875 with 2 storey return and single
       storey over basement extension to rear.



Architectural Conservation Area

ACA1    Bayview Terrace: Row of eight two-bay, three-storey Victorian houses, built c. 1890


Recorded Monuments

(Section 12 of the National Monuments (Amendment) Act, 1994

No. on Land-use    Monument               Townland        Monument No.        National Grid
Zoning Map         Classification

1                  Promontory Fort        Drumacrin       DG-106-009          18179/35914
2                  Megalithic Tomb        Finner          DG-106-008          18264/35952
3                  Standing Stone (s)     Drumacrin       DG-106-010          18271/35918
                   Site

Reference - Archaeological Survey of Ireland / Office of Public Works




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                                                                                   Appendix 3

                                               Development Guidelines & Standards



This section of the Plan sets out development guidelines and standards that will be required for
new developments in the Plan area, and indicates the criteria, which will be taken into account in
considering applications for planning permission for new developments and where the Council
itself undertakes development under Part XI of the ‘Planning and Development Act 2000’.

The various standards are gathered under the headings of particular types of
development. If any particular proposal does not fit into one of the set out categories
below, the Council will use its discretion and adopt the standards most suitable for
the particular case.
These standards are provided to give a general guideline as to the Council’s
requirements regarding particular detailed aspects of the design of developments,
and are not intended to be, nor will they be applied in an inflexible way. Neither is it to
be assumed that conformity with the standards set out hereunder will automatically entitle an
applicant to receive planning permission. Good design is the paramount requirement, and all
developments will be assessed in the light of the quality of their design and infrastructure.
Where reference is made to particular Guidelines by other bodies, their latest revision will be the
guiding standard used.


DGS 1. Site Details

1.1 Applications for development will be required to be accompanied by sufficient details
    concerning the existing condition of the site, its environment and the character and condition
    of the surrounding area, so as to enable full and proper consideration of the development
    proposed.

1.2 The following details should be included where deemed appropriate by the Council,
    notwithstanding the requirements of a valid planning application, as referred to in the
    Planning & Development Regulations 2001.
        (a) A plan of the site at a scale appropriate to the size of the development showing:
                  i)     the contours of the land;
                  ii)    existing vegetation;
                  iii)   the location and material composition of boundaries;
                  iv)    existing buildings, structures and historical or archaeological features;
                  v)     all existing and proposed pipes, culverts, septic tanks, wells, storage
                         tanks and percolation areas;
                  vi)    existing roads, rights of way, footpaths and access tracks;
                  vii)   water courses, wetlands and water features;
                  (iv)   land drainage;
                  (v)    lighting; and
                  (vi)   open space

        (b)   A description of the landscape character of the site and important views into and
              out of the site.




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                 (c) Developments must comply with building regulations, access for the public
                 and for those with disabilities.
                Where public conveniences are provided in public buildings, the Council will require
                 that adequate provision be made for people with disabilities. Street furniture and
                 advertising signage should be designed and located to ensure barrier free
                 movement.
                All public buildings must provide wheelchair access.
                Footpaths shall incorporate dished kerbing at junctions and at access points.
                The needs of persons with disabilities must be taken into consideration in the
                 provision of parking spaces. Designated parking areas conveniently located should
                 be reserved and clearly marked for persons with disabilities.
                Streets and stairwells must be well lit. Stairs should have handrails and clearly
                 defined edges, with white or yellow paint.
                Audible pedestrian crossings to be provided within the town center to assist those
                 with sensory disabilities.


        DGS 2.     Guidelines for Controlling Employment Development

2.1.     When considering development proposals for employment generating uses, particular
         regard will be given to the site layout, the scale and form of buildings and the choice of
         materials.

2.1.1    A comprehensive scheme of landscape works, incorporating landscaped buffer areas
         where appropriate, will be required as part of any detailed planning application. In
         appropriate circumstances, landscape works, access roads and footpaths and water
         retention works will need to be carried out in advance of the commencement of
         development.

2.1.2    The Council will require that adequate provision be made for the on-site loading and
         unloading of vehicles.




                                                   7
2.2       Industrial/Commercial Development

      1. The Council will encourage pre-application consultation on all large-scale manufacturing
          and service sector developments.
      2. The good neighbour principle will apply to all applications within this category.
      3. Car parking, commensurate with usage will be required to be provided in accordance
          with Table 1 (Page 82).
      4. Landscaping, and in appropriate cases, buffer zones between different uses will be
          required to be provided.
      5. Areas zoned specifically for industrial use will be protected from development of any
          other nature.
      6. All proposed uses shall be compatible with existing conforming uses.
      7. Developers shall keep a minimum of one third of the site free from development.
          Development is defined as all buildings outside storage areas and site development
          works (service roads etc).
      8. This area shall be subject to a detailed landscaping scheme to be completed by the
          developer within three years of the date of issue of the permission.
      9. Developers shall provide effective screening from the public road or residential areas.
      10. All car-parking to serve employees and visitors shall be provided within the curtilage of
          the site and to the rear of established building lines.
      11. Car parking areas shall be landscaped and planted with trees to minimise their visual
          impact.
      12. All car-parking bays shall be a minimum size of 5m by 2.5m, clearly marked and
          maintained so as to remain visible.
      13. All car parking and service areas shall be drained, graded and surfaced with tarmac and
          similar.
      14. Covered bicycle parking provision will be required to facilitate visitors and workers.
      15. All loading and unloading bays shall be minimum size of 6m by 4m.
      16. All service areas shall be located entirely within the curtilage of the site with adequate
          maneuvering space and a suitable means of access to the public road being provided.
      17. Access shall be provided, and kept clear at all times, for emergency services vehicles.
      18. All developments shall comply with guidelines for the control of noise. During the hours
          of operation, noise levels as measures at the boundary of the site, shall not exceed 5dBA
          above the ambient.
      19. All developments shall provide sufficient toilet facilities for all staff and visitors, including
          provision for the disabled.
      20. Developers shall indicate as part of the planning application, the proposed location of all
          extractor points. The same shall be agreed in writing with the Council prior to the
          commencement of any development.
      21. All waste materials shall be stored to the rear of materials in environmentally safe
          conditions.
      22. All waste shall be stored in such a manner so as to ensure that runoff shall not seep into
          the surface water drainage system.
      23. All dangerous waste shall be stored in bunded areas.
      24. All runoff from bunded areas shall be collected and disposed off separately from surface
          water drainage.
      25. All fuel connection points or similar discharge points shall be rollover bunded.
      26. All emission points from industrial or commercial buildings shall be minimum 3m above
          the apex of the roof.
      27. All external finishes of any development, including colour, shall integrate with existing
          development.
      28. No more than two vehicular entrances shall be permitted to any industrial or commercial
          building, unless in exceptional circumstances.



                                                     8
      29. The minimum radius of any entrance used by articulated lorries shall be 10.5m with a
          minimum setback of any permanent barrier from the road kerb line to be 20m.
      30. All access roads including cul-de-sacs in industrial areas shall have a minimum width of
          7.3m carriageway, two 1.8m footpaths and two 1m grass verges.
      31. An Environmental Impact Statement may be required to accompany certain planning
          applications for industrial development (as set out in, and in accordance with schedules 5
          and 6 of the Planning and Development Regulations 2001), and an Integrated Licence for
          pollution control may also be required from the Environmental Protection Agency.



2.3      Industrial / Commercial Design

2.3.1     Where developments are located in areas specifically set aside for general employment
          or commercial use, it will normally be a requirement that the design of structures be of a
          good standard and reflect the design of adjacent structures.

2.3.2     Where a development is located adjoining residential areas, for example, it will normally
          be a requirement that the design of the structures involved reflect the traditional design
          characteristics of adjacent structures.

2.3.3     Within the lands reserved for industrial and commercial use, development shall be
          located, sited and screened in a manner to ensure that they are not visually obtrusive in
          the landscape.


2.4      Environmental Protection

2.4.1     The Council will require details of the nature of the proposed activities and of the means
          of controlling effluents, noise, solid waste and gaseous emissions from these activities
          together with ameliorative measures.



2.5       Retail Development

2.5.1     The Council in assessing planning applications shall have regard to the Local Government
          (Planning and Development) General Policy Directive, 1998 (and any subsequent
          legislation) for large-scale retail developments, DoELG ‘Retail Planning Guidelines 2000’
          and the ‘County Retail Strategy’ October 2002.




                                                  9
Retail Design within the Town Centre

2.5.2   Where retail developments are located, it will normally be a requirement that the
        design of the structures involved reflect the character of the existing urban
        streetscape, and be in accordance with the requirements set out below. This is
        particularly pertinent within the Architectural Conservation Areas at Bayview Terrace.

        Building Line. The Council will require that where there is an established building line,
        that this line is maintained. Where the building line has been broken by an existing
        structure, which is being replaced, the Council may require that the new building be
        moved to the general building line.

        Height. Where a constant eaves level is dominant, the Council will require the
        maintenance of this eaves level. If there is a substantial variation in eaves levels, the
        Council will require that any new structure be within the existing range of levels, and
        in the region of an average level.

        Roofs. The Council will generally require that roofs be pitched at a slope reflecting
        that of adjacent properties. Flat or mansard type roofs will not normally be accepted,
        though use of attic areas by the provision of roof lights or of half-dormer windows
        will be considered in suitable circumstances. Buildings will normally be required to
        have their roof ridge lines running parallel with the street, and gable fronted buildings
        will not normally be permitted.

        Proportions. The Council will require that structures generally have a vertical
        emphasis. Where a wide structure is proposed, the Council will generally require that
        it be broken into a number of vertical units by the use of detailing and structural
        elements. This sub-division will be particularly required at ground-floor level.

        Window Design. The Council will require that window design reflect that of traditional
        buildings, in proportion, layout, and sub-division of glazing. In particular, the Council
        will require that windows have a vertical emphasis, and that large shop windows are
        divided into a number of segments by the use of window-bars and mullions in order
        to maintain a vertical emphasis.

        Detailing and Materials. The detailing and materials of traditional buildings are often
        factors, which lend much to their character. Attention will be paid to the detailing
        prevalent in each area, and new retail buildings will be required to reflect this
        detailing in their designs.


        Retail Warehousing

2.5.3   In assessing an application for a retail warehouses the Council will require that: -

         Adequate on-site parking and operational areas is provided;
         Adequate and safe road access is provided;
         Amenities of adjoining properties are not impaired;
         A building of high design quality is provided.
         A landscaping plan is agreed prior to commencement of development on site.



        Shutters/Security Screens

2.5.4   The Council will not normally permit the provision of roll-down type security screens
        within Main Street. Demountable painted wooden type security screens may be
        permitted in certain circumstances. Security provision will normally be required to
        comply with the standards set out below: -



                                               10
               Open wire mesh screens of a suitable design will be considered suitable in
                certain circumstances.
               Security screens located inside the shop window and behind the window
                display will normally be considered suitable if finished in a sympathetic colour.



          Advertising Signs

2.5.6     Advertising signs on approach roads shall not exceed 2.5 m in height or 3 sq. m in
          total area. Reflective material should not be used. This includes large advertising
          hoardings and advance advertising for commercial facilities. The Council aims to
          actively promote the sharing of signage structures and the removal of inappropriate
          signage.



          DGS 3. HOUSING DEVELOPMENT

3.1       Standards and Requirements

      1. The standards for construction set out in the Department of the Environment and
         local Government publication ‘Recommendation for Site Development Works for
         Housing Areas 1998’ shall apply to all new housing estate development.

      2. In brown field and town centre locations, housing developments other than flats /
         apartments, will be required to provide a private outdoor space for each unit of
         approximately 30 sq. metres.
      3. Privacy is to be achieved by design, or by construction of rear boundary walls /
         fences.
      4. Private back garden space of 48 sq. metres per unit for smaller houses (2 bedroom)
         and 60-75 sq. metre for 3/4/5 bedroom units. Smaller areas of private open space
         will be considered where the developer proposes semi-private enclosed landscaped
         space for use of the immediately adjoining residents.
      5. Provision shall be made for the location of services underground.
      6. A minimum of one parking space per house shall be provided, located off the access
         road adjacent to the house. Grouped car parking will be considered.
      7. Parking will be required to be provided in a manner, which will prevent substantial
         on-carriageway parking and will not interfere with footpaths, turning areas and public
         and private open space.
      8. Rear boundaries shall ensure a minimum height of 2 metres, whether by wall
         construction or by retention of existing hedgerows.
      9. Lateral or side building lines shall be at least 2 metres for houses with an integrated
         garage and 3 metres where no garage exists or the garage is detached.

      10. Footpaths shall be dished at road junctions and at other suitable locations to facilitate
          the disabled.

      11. Public lighting shall be provided in accordance with ESB standard requirements.

      12. Street signs must be large, in clear print with good colour contrast between the print
          and the background. Proposed names and numbering scheme shall be submitted and
          agreed with the Council prior to commencement of the development. Name and
          number signs shall be provided in line with house completions, and shall be visible
          from the adjoining roadway.

      13. Storm drainage design calculations sufficient to be interpreted by the Council.

      14. Fire hydrants shall be provided within 50 metres of each house.




                                                11
      15. Bonds to ensure satisfactory completion of site development works shall be provided
          by developers (see below).

      16. Development charges in respect of the provision of public services, roads, parking,
          storm drainage, open space, etc. in the past seven years or within the following ten
          years shall be levied on housing developments.

      17. Regard must be had to barrier free design of housing estates to facilitate those with
          disabilities.

      18. All mains sewer and water pipework must be laid through public areas.
      19. Applications for site development works must be approved before consideration is
          given to assessment of house types. Applications for house types will be deemed
          premature unless a certain level of development works has been completed. A
          minimum level of works will include-

              o   Road junction radii and visibility
              o   Kerbing to define road, road base
              o   Storm drainage and gullies
              o   Foul drainage and water main

              (The decision on whether the minimum level of works carried out is satisfactory
              will rest with the Council).



         Procedure

3.2      An outline application for housing development will not be necessary for land zoned
         for residential use. A phasing programme is required for large housing estates, to be
         agreed with the Council detailing proposals for completing roads, open space, public
         lighting etc. in line with house completions.



         Building Line

3.3      The building line required will relate to the nature and design of the dwellings being
         proposed, and the nature of the layout of the individual estate.

3.5      For high-density town centre developments, buildings may be permitted at the inside
          edge of footpaths in suitable circumstances.



         Internal Roads and Pedestrian Links

3.6       Road design and construction will generally be required to comply with the
          ‘Recommendations for Site Development Works in Housing Areas’ of the Department
          of Environment and Local Government November, 1998 and any subsequent
          amendments.

3.7      Measures should be taken at design stage which prevents the estate being used as a
         ‘short-cut’ and restricts through traffic. Layouts, which give priority to pedestrians,
         shall be encouraged.

3.8     In the interests of good design and traffic safety, the Council will not normally permit
          the provision of long straight road sections within housing areas and will use traffic
          calming measures where appropriate.




                                                12
3.9    The width of roadway required will generally be related to the number of dwellings
       being served. The Council shall generally require that the following standards be met:
            Internal access roads should be a minimum of 6m in width. A 2m wide
               footpath shall also be provided along either side of the road. Grass margins
               may be required.
3.10   Road layouts shall make allowances for the requirements of service and emergency
       vehicles.


3.11   Road drainage will normally be required to discharge to a storm water drain.



       Public Open Space

3.12   The Council will require that adequate functional open space areas be provided for
       housing developments. Open space areas will normally be required to comprise:

       (a)     Major amenity areas
       (b)     Small play areas
       (c)     Visual open space
       (d)     Open space incidental to the curtilage of dwellings shall not be considered as
               part of the communal open space provision
3.13   The areas of amenity open space will be required to be conveniently located within
       the development to provide a safe play area for children and should be overlooked by
       as many houses as possible. Open space areas located to the rear of dwellings and
       with a narrow access from the public road will not normally be considered suitable.
       Houses will not be permitted to back onto open space.

3.14   A minimum of 15% of overall site area shall be required as public open space in all
       new housing estate development. In calculating this area, roadside margins or
       residual open space shall be discarded. The open space shall be conveniently located
       within the development, and shall be levelled, drained and seeded by the developer.
       Housing shall generally be oriented to face open spaces to provide informal
       supervision.

3.15   Where the overall design concept cannot accommodate this form of open space
       provision. Alternative arrangements will be considered such as a contribution in lieu
       to a communal public space or amenity development, which benefits the residents, or
       the provision of more intensive on site recreational facilities.

3.16   In certain circumstances, when a major area of public open space is available in close
       proximity to a proposed housing development, the requirements regarding the
       provision of open space may be relaxed. This will be conditional that adjacent open
       space is suitable for use by the residents of the housing scheme, and provided
       adequate access is available to such open space. In these circumstances a financial
       contribution is required towards the cost of the provision and improvement of the
       public open space being availed of, or alternatively the Council may accept a situation
       where suitable community facilities are provided in lieu of the developers open space
       requirements.

3.17   In some cases, small and low density infill housing schemes may not be required to
       comply with the open space provision requirements, provided adequate play areas
       are provided, together with areas provided with hard landscaping, suitable for
       passive recreation. The suitability of each such scheme in this respect will be
       considered on its individual design merits.



                                             13
3.18   Adequate boundary treatment and landscaping is required when open space bounds
       a main access road.

3.19   All mature trees and other amenity features are to be retained and integrated into
       the development.

3.20   Where a water body forms a feature of a residential development, to evaluate the
       risk of such a feature to public safety and to require that adequate steps be taken to
       bring such risk to an acceptable level.


3.21   Guidelines on Character, Amenity and Design

       Character
       The character of an area is assessed by the;

                 main uses;
                 appropriateness of a diversity of uses; and
                 desirability of introducing a development that may detrimentally alter the
                  existing balance of usage; and
                 architectural style of the area.


       Amenity
       The amenity of an area is assessed in terms of both the people who will occupy the
       development site, and the adjoining occupiers. In short, new developments should
       be ‘good neighbours’. Where there is an inherent incompatibility of neighbouring
       developments, or where remedial action cannot be made effective, applications are
       likely to be refused.
       The important aspects of amenity, which the Council considers, are worth protecting
       are:-

               Privacy - for both the occupants of a proposed development and surrounding
                neighbours. Loss of privacy can be minimised by re-orientation, reducing the
                densities of development reducing the size of buildings, and attention to
                building levels or by design modifications, for example, window proportion and
                size.
               Traffic - the introduction of increased traffic movement and resulting noise; can
                significantly detract from the amenities of an area.
               General Disturbance - protection from activities, which create unreasonable
                levels of noise, smells and other discomforts including wheeled bin locations.
               Sunlight/Daylight - adequate levels of sunlight and daylight, and to a lesser
                extent, outlook, should be safeguarded for surrounding properties and afforded
                to new developments.


       Dwelling Design
       Design of new development should not only relate to the type of development in the
       immediate vicinity but also to the wider issues of context and setting. This need not
       be restrictive to new or innovative architectural expression. Applicants should,
       therefore, avoid design proposals that compromise the appearance of design
       characteristics of the surrounding area.
       In considering the appropriateness of a design the Council will have regard to:

               The scale of adjoining development.



                                                 14
           The materials, finishes and colours used in nearby development.
           Any features on or near the site worthy of protection, reproduction or
            enhancement, e.g. trees, views and other features of public importance.
           Principles of site sensitive design e.g. that pitched roofs are preferred to flat
            roofs, pitched dormers to box dormers, vertical windows to horizontal picture
            windows etc.
           Design recommendations as contained within the County Donegal Development
            Plan 2000 – Volume 3 – A guide to location, site & design, details appropriate
            design standards.


3.22   Urban Infill Housing

       The Council will have regard to the need to remove dereliction and obsolescence
       when considering applications for permission to re-develop restricted infill sites within
       the town centre. The Council will encourage infill development to take place, but will
       require that the development be in sympathy with the existing character of the area,
       in terms of height, density, building line, roof pitches, materials used and window
       types.



3.23   Urban Subdivision

   1. House plots must not be subdivided by more than 50% and must provide for a site
      of, at minimum, 400 sq.m, excluding access. In certain circumstances such as, for
      example, a proposal to extend a terrace or where an existing house is to be
      subdivided internally, this may be relaxed.

   2. The built-up area of the application site should not exceed one third of the total area
      of the plot and, to avoid overlooking and to maintain privacy, main windows (i.e.,
      kitchen, living room, bedroom) must be at least 1m from the boundary they face,
      unless that boundary fronts onto a road or public pavement or follows an established
      building line.


3.24   Procedure for monitoring new estates when under construction and take over of
       existing estates.

       New Estates (including under construction)

       Where estates are under construction, the Council will offer a new service to
       developers who may opt for A or B at the commencement of the construction.

       Option A         Self-regulation of construction standards will be allowed. Developers
       will have to satisfy the Council that the qualified inspector, who will inspect and
       certify the works of the developer and the compliance with planning conditions, has
       professional indemnity insurance. Prior to take over the Council will carry out an
       inspection to satisfy itself that the service is up to the required standards for take
       over.

       Option B          The Council will carry out inspections and satisfy itself that the
       developer has satisfied the planning conditions. In such cases, developers shall pay
       the costs of the inspections.

       The Council would get involved in the building control of all new estates and work
       with the developer during the construction of the development. The Council would
       get involved in these process from the very beginning of the development to monitor
       all the work being carried out, the advantage to be involved at the start is that all



                                             15
       underground works such as the laying of foul sewer or storm water drainage pipe can
       be monitored. Any problem that arises may then be dealt with at that stage,
       alleviating any carry on effect from that problem. Council personnel would monitor
       quality control during construction by the lifting and testing of samples to ensure that
       the material being used is with the recommended specification. The cost of carrying
       out such tests would have to be born by the contractor. This process of testing
       would benefit both the developer and the contractor.
       Case 1

       Where the Council cannot identify the developer or where the developer has ceased
       to trade. The primary responsibility for bringing the estate up to standard will rest
       with the residents.

               A partnership should be established between the Council and the residents in
                the estate.
               An agreed programme of work should be drawn up between residents in the
                estate.
               Funding scheme shall be agreed whereby the developer, the Council, and the
                residents shall contribute towards the cost of the works.
               Schemes, whereby residents can carry out the works involved, will be
                promoted and supported by the Council.
               On completion of the works, agreed the Council will take over the agreed
                services, i.e. in some cases roads/sanitary services/public lighting/amenity
                areas will be separately taken over.

       Case 2

       Where a developer exists and can be clearly identified by the Council:
             A partnership is established between the residents, the developer, and the
              Council.
               An agreed programme of work is drawn up between the residents, the
                developer and the Council.
               Funding scheme shall be agreed whereby the developer, the Council, and the
                residents shall contribute towards the cost of the works.
               Schemes whereby, residents can carry out the works involved will be
                promoted and supported by the Council.
               On completion of the works agreed, the Council will take over the agreed
                services, i.e. in some cases roads/sanitary services/public lighting/amenity
                area will be separately taken over.



       Bonds

3.25   Bonds to ensure satisfactory completion of site development works shall be provided
       by developers. Bonds secured through banking institutions will generally be for a
       limited period. In the event that the development works have not been completed, a
       further bond will be required to be deposited with the Council and, subject to
       approval of the Council, may be set at levels commensurate with specific phasing.
       Rolling over of existing cash deposits to subsequent phases shall be permitted, but
       only following confirmation by the Council that previous phase has been satisfactorily
       completed.

       DGS 4. Recycling and Litter




                                              16
4.1       The Council may require the provision of suitable recycling facilities. Provision for
          glass, cans, textiles, paper, plastics, metals, waste oils, batteries, packaging wastes,
          organic waste, sludges and any other materials suitable for recycling, recovery or re-
          use may be included. Installation of suitable litter disposal facilities may also be
          required.



         Requirements of Persons with Disabilities

5.1      The Council will assess developments, which have public access in light of their
         compliance with building regulations, which deal with the needs of people with
         disabilities. The Council will pay particular attention to the following: -

      1. Where public conveniences are provided in public buildings, the Council will require
         that adequate provision be made for people with disabilities.
      2. Street furniture and advertising signage should be designed and located to ensure
         barrier free movement.
      3. All public buildings must provide wheelchair access.
      4. Footpaths will be required to be clearly identifiable with dished kerbing at junctions
         and at access points.
      5. The needs with persons with disabilities must be taken into consideration in the
         provision of parking spaces. Designated parking areas conveniently located should be
         reserved and clearly marked for persons with disabilities.
      6. Streets and stairwells must be well lit. Stairs should have handrails and clearly
         defined edges, with white or yellow paint.
      7. Audible pedestrian crossings to be provided, within the town centre to assist those
         with sensory disabilities.



          Roads

6.1       National Primary Roads

         The following categories of new development may be considered on national primary
         roads where;
           No other non-National Primary Roads access is available.
           Required visibility standards can be met.
           They do not conflict with other policy objectives in the Plan.

         New Industrial Development

           Industrial development tied to a fixed resource
           Industrial development, with a large employment content (at least 50 employed)
            and with a properly planned junction to the standards acceptable to the NRA, (as
            contained in the NRA Design Manual for Bridges and Roads published in December
            2000).

          Replacement Access

           The creation of a new access point, which eliminates a traffic hazard from an
            existing, authorised use.

         Extensions to existing Industrial / Commercial / Agricultural Premises

           Extensions, which do not materially alter or intensify the character of the business
            and associated traffic intensification.

         Change of use of an Existing Structure

           Change within existing use categories



                                                17
       Change to a use with the same or lesser intensity of traffic usage.



6.2   Roadside Boundaries

      Within the urban / suburban context, the Council shall encourage broadleaf species
      native to the area and of local materials along roadside boundaries.

      Where setbacks are required the following minimum standards shall be compiled
      with:

      ROAD TYPE                        SETBACK FROM CENTRE LINE OF ROAD



                 Road Type                  Setback From the
                                            Centre Line of Road

                 County Road                         5.0m


                 Main / Regional Road               6.5m




                 National      Secondary             6.5m
                 Road

                 National Primary Road               8.0m



6.3   Entrance Details

      The grade of residential entrance shall not exceed 3% for a distance of 7m from
      edge of public road and gradient thereafter shall not exceed 8%. For non-residential
      entrances the setback of entrance gates / barrier from road kerb shall be minimum of
      20m.



6.4   Vision Lines

      The following minimum vision lines shall be required at junction with public roads.


            Type of road          Single access point             Road junction

            *National             180m in both directions         220 x 6.1 x 1.06m
            primary               from a point 6.1m back
                                  from road



            *National             122 x 6.1 x 1.06m               182 x 6.1 x 1.06m




                                           18
               secondary

               Main          /        92 x 3.05 x 1.06m              92 x 3.05 x 1.06m
               Regional

               Local                  68-92 x 3.05 x 1.06m           68-92 x     3.05    x
                                                                     1.06m

         Within speed limits minimum vision lines shall be determined by the County Council’s
         Road Engineer and will be based on the merits of each case.

         Vision lines at locations where the Council consider large volumes of traffic shall be
         generated shall be 92m x 9m x 1.05.



6.5      Building Setback on National and Regional Roads

         A 50m building set back will be required on National Primary and national Secondary
         Roads and a 30m setback will be required on Regional Roads. Where an established
         building line has been established by existing houses, new buildings shall comply with
         the established building line, and the proposed set back will not be required.



6.6      Stopping Sight Distance

         The following minimum stopping sight distances shall be required for traffic entering
         each site, with an eye height of 1.15m and target height of 1.15m.



         ALL CLASSES OF ROAD



      Average vehicular speed (mph)                60        55        40        30


      Minimum sight distance (metres)              190       155       91        58



6.7      Surface Water and Roadside Drainage

         Existing roadside drainage shall be maintained and surface water road gullies shall be
         provided to cater for run-off from the public road. Suitable drainage system shall be
         installed to prevent discharge of water from site onto the public road or footpath
         (e.g. slotted drainage block). Surface water system shall preferably be routed to
         discharge to a watercourse which is suitable to cater for anticipated volume of
         surface water. (Soak pits shall not normally be encouraged).

         In cases where the roads infrastructure is not adequate to support a proposed
         development in respect of road capacity, sight distances, footpaths, drainage and
         public lighting the development could proceed if one of the following undertakings is
         agreed:

             (a) The developer pays a development charge to the Councils to meet all of the
                 estimated cost of upgrading the public roads infrastructure to meet the needs
                 of the development.



                                              19
           (b) The developer pays a development charge to the Council to meet part of the
               estimate cost of the above in cases where other future developments will be
               served by the same roads infrastructure.
           (c) The developer agrees to carry out the upgrading of the roads infrastructure,
               as determined by the Council.
           (d) Where the developer carries out the required upgrading and the upgraded
               infrastructure will support further development the Council may contribute
               towards a proportion of the estimated cost.



        DGS 7. Guidelines for Petrol Filling Stations

7.1.1   Where permission is granted for these developments the Council will require that
        they comply with the standards set out below: -

           (a) A minimum frontage of 30m. When located within a 40 m.p.h. area and 45m
               in other speed areas.
           (b) No obstruction other than a pump island located within 15m of the road
               boundary.
           (c) A minimum distance of 7m from the pump island to the road boundary.
           (d) Generally two access points will be permitted. These shall have a minimum
               junction radius of 10.7m. where operating speeds are greater than 40 m.p.h.,
               and 6.1. Otherwise, and between 7 and 9m. in width.
           (e) A minimum distance from the entrance to the nearest road junction shall be
               50 metres for major junctions and 25 metres for minor road junctions.
           (f) Clear separation from the public road by a low wall not exceeding 0.5m. in
               height with footpath provided outside this wall. This area shall not be used
               for advertising matter in a manner, which interferes with sight lines and
               obstructs pedestrian flow.
           (g) No provision of lights, signs, or other fittings, which would cause glare or
               confusion to road users.
           (h) Compliance with the requirements of R.T. 42 of An Foras Forbartha insofar as
               they relate to petrol filling stations.
           (i) Compliance with S1. 311 of 1979 Dangerous Substances (Retail and Private
               Petroleum Stores regulations) and latest amendments relating to the
               underground and over ground storage of petroleum and other vehicle fuels.
           (j) That the design of petrol station canopies take account of the design of any
               existing structures on the site on which they are to be located, and of the
               nature of the general environment in which they are to be set.
           (k) A comprehensive landscaping plan is required to be agreed with the Council.
           (l) Parking spaces shall be provided in accordance with the standards set out
               below.
           (m) Surface water shall be catered for, within the site and shall not be permitted
               to pond in the forecourt areas nor flow onto the public road.
           (n) A petrol / oil interceptor trap shall be fitted to the surface water drainage
               system.
           (o) Provision shall be made for the storage and removal of refuse and waste
               material.
           (p) Truck service areas incorporating shop/café not exceeding 93 sq. metres
               gross, with off street parking for 20 trucks (minimum) and with properly


                                            20
                planned junctions to the standards acceptable to the NRA (as contained in
                the NRA Design Manual for Bridges and Roads published in December 2000).
                There must be a minimum of 20km between service areas.


      DGS 8. Parking Provision

8.1   Car parking shall be required to be provided within the site of proposed
      developments or in exceptional circumstances at a location close to proposed
      development in accordance with Table 1 below. Development types not specified in
      Table 1 shall also be required to provide off street parking at ratio reflective of
      anticipated demand as determined by the Council.


      Table 1: Vehicular and Cycle Parking Standards

      Land Use               Requirement               Cycle parking
      Dwelling house         1 per house               With garage none. Without garage 1 secured
                                                       space per unit.


      Flats                  1.25 per flat             1 secured space per flat or apartment
      Shops                  4 per 90 sq.m within
                             speed limit               1 space per 8 staff; 1 space per 90sq.m.
      Offices                6 per 90 sq.m outside     1 space per 8 members of staff; 1 space per
                             speed limit               90sq.m.
                             3 per 90 sq.m within
                             speed limit


      Banks                  5 per 90 sq.m outside     1 space per 8 staff; 1 space per consulting
                             speed limit               room
                             5 per 90 sq.m
      Library                5 per 90 sq.m             1 space per 8 staff; 4 spaces per 90 sq.m

      Hotel, Motel           1 per 2 bedrooms          1 secured space per 10 bedrooms; or 2.5
      (excluding bars,       within speed limit        spaces per 90 sq.m of dining area; 4 spaces
      function rooms to      1 per 1 b/room outside    per 90 sq.m of bar/dance floor
      be calculated          speed limit
      separately)
      Pubs / Lounges         1 per 90 sq.m within      1 space per 8 staff; 1 space per 90 sq.m
      without dancing        speed limit
      areas                  2 per 90 sq.m outside
                             speed limit
      Pubs / Lounges         1.5 per 90 sq.m outside   1 space per 8 staff
      with dance areas,      speed limit
      dance halls,           3.0 per 90 sq.m outside
      function rooms         speed limit
      Restaurant             1 per 90 sq.m within      1 space per 8 staff; 5 spaces per 90 sq.m
                             speed limit
                             2 per 90 sq.m outside
                             speed limit


      Schools                1 per classroom & bus     1 space per 8 staff; 1 space per 10 students
      Third level colleges   circulation / parking     (primary).
                             area adequate to
                             service school            1 space per 8 staff; 1 space per 5 students



                                            21
                         population.               (secondary).
                         1 per classroom plus 1
                         per 6 students together   1 space per 8 staff; 1 space per 5 students
                         with adequate bus         (third level).
                         circulation / parking
                         area to serve school
Cinema                   1 per 5 no. seats         1   space   per   20   fixed seats
Theatre                  1 per 5 no. seats         1   space   per   20   fixed seats
Church                   1 per 5 no. seats         1   space   per   20   fixed seats
Manufacturing            3 per 90 sq.m or 1 per    1   space   per   90   sq.m
                         4 no. employees
                         whichever the greater.
Warehousing              1.5 per 90 sq.m or 1      1 space per 90 sq.m
                         per 4 no. employees
                         whichever the greater.
Golf, pitch and putt     2 spaces per hole
Golf driving range       1 per bay
Bowling alley            1 per lane                1   space per 8 staff; 5 space per lane
Hospital                 1.5 per bed               1   space per 8 staff; 1 space per 90 sq.m
Guesthouse / B&B         1 per bedroom             1   secured space per 10 bedrooms
Nursing Home             1 per 3 bedrooms          5   spaces per 100 beds; 1 space per 8 staff


Surgeries                3 per consulting room     1 space per 8 staff; 1 space per consulting
                                                   room
Take away                3 per space               1 space per 8 staff; 1 space per 90 sq.m
Sports hall / club       2 per 90 sq.m plus 2      2 spaces per 90 sq.m
                         per cent


Cash & carry             2 per 90 sq.m             1 space per 8 staff; 20 spaces per 1,000 sq.m
outlets



Hostel                   1 space per bedroom       1 secured space per 10 bed spaces




Caravan / Camping        1 space per pitch         1 space per pitch
Site
Medical / Dental /       2 spaces per 90 sq.m      1 space per 8 staff; 1 space per consulting
Bank /                                             room
Financial /
Insurance
Shopping Centre /        5 spaces per 90 sq.m      1 space per 8 staff; 2.4 spaces per 90 sq.m.
Large Retail Store

Petrol Filling Station   1 space per 90 sq.m       1 space per 8 staff

Retail Warehousing       4 spaces per 90 sq.m      1 space per 8 staff; 20 spaces per 1,000 sq.m


Amusement                1 space per 90 sq.m       1 space per 90 sq.m
Arcades




                                         22
         Athletics / Playing          5 spaces per track/field          2 spaces per track/field
         Fields

         Tennis Courts                1 space per court                 2 spaces per court


         Community Centre             2 spaces per 90 sq.m              1 space per 8 staff; 4 spaces per 90 sq.m
         / Sports Centre

         Swimming Pool                5 spaces per 90 sq.m              1 space per 8 staff; 5 spaces per 90 sq.m


 Where reference is made to floor areas, it shall simply imply gross floor area.
2 A secured space is a space inside a building or structure where no part of the bicycle is accessible.

8.2       Dual use of spaces shall be permitted where it is clear to the Council that one of the
          uses is throughout the day and the other use is for the evening period. Where it can
          be established that members of the public visit the site by pre-arranged coach / bus,
          cognisance shall be taken of same in calculating car-parking requirements.

8.3       Small extensions, which relieve overcrowding, shall be excluded from requirement to
          provide car parking, as shall first 28m of new developments and changes of use of
          property. In relation to later accounts shall be taken of car parking requirements for
          use of property.

8.4       Net public area shall be used in calculating car-parking requirements. Commercial
          properties shall be required to provide loading bays where appropriate.



          DIMENSIONS OF LOADING BAYS

          Car parking bay                                      5m x 2.5m
          Loading bay                                          6m x 3m
          Circulation Aisles                                   6m


8.5       The Council may seek financial contributions in lieu of actual parking spaces when:
              The required spaces cannot be, conveniently provided by the developer.
              The Council wishes to develop a centrally located car-park rather than a
                 number of individual car parks. The contribution per space will be 50% of the
                 standard charge for the first 10 spaces in this case.

8.6       The Council will be prepared to enter caretaker agreements with
          landowners/property owners in towns whereby:
               The landowner retains full ownership and development potential of the lands
                 concerned.
                   The Council will convert the lands into temporary car parking (usually for a
                    period of at least 5 years).
                   In this policy, adjoining lands owned by different landowners (backlands)
                    may, by agreement with the parties, be aggregated into one single car park.


8.7       Caravan Park Standards

          Permission for caravan parks will initially be granted for a period of no greater than
          15 years. This is to ensure that caravan parks are maintained and operated to a
          satisfactory standard. Development standards will be in accordance with the circular


                                                          23
      on caravan development issued by the Department of the Environment on 19 /10/81
      (Ref. ENV 128/8) and Registration Regulations and Grading Criteria for Caravan and
      Camping Parks, Bord Failte 1990.

      The standards and requirements will include for:

           Density of up to 50 caravans per ha (20 per acre) depending on the nature and
            layout of the site.
           A minimum space of 6 metres (20ft) in all directions and a minimum of 9 metres
            between each pitch and any permanent structure.
           Each temporary dwelling to be at least 30 metres from a public road, except
            where a site is suitable and adequately screened, when the distance can be
            reduced to 10 metres.
           The caravan parks must comply with landscaping requirements particularly to
            each site in order that they can be successfully integrated with the surrounding
            environment.
           Proper consideration shall be paid to the design and landscaping of the caravan
            park with particular reference to the entrance and reception areas.
           General lighting shall be provided and maintained at all times in good working
            order for all buildings, caravans, entrances, exits and roads used for internal
            circulation.
           Caravans must comply with accepted practice in terms of traffic safety and public
            health requirements.
           A fire hydrant should be provided on site a maximum of 90 metres from the
            furthest pitch. The hydrant should be connected to a 100mm diameter
            watermain. A fire flow water supply of 2000 litres per minute sustainable for 30
            minutes simultaneously with peak daily demand shall be provided for.
           One water point for every eight pitches
           Sanitary facilities in accordance with the following:


                              W.C.       W.H.B.         URINAL           W.C.      W.H.B.
          1-6                 2          1              -                2         1
          7-12                2          2              -                2         2
          13-19               2          2              1                3         3
          20-30               2          2              1                3         4
          31-36               2          4              2                4         5
          37-42               3          5              2                4         6
          For every further   +1         +1             +1               +2        +2
          18 pitches or
          portion thereof



      DGS 9. Definitions & Guidelines for the provision of childcare facilities


9.1   Definitions:

      Crèche / Drop-in crèche / Nursery
      Generally a full day service for young children, providing primarily a nursing and care
      service for young babies from about 3 months and toddlers in the 1-4 age group.
      However they do cater for a wider age range and in some instances such at shopping
      centres and universities may have children up to 12 years.

      Parent and Toddler




                                             24
        A sessional service, where both parent and child attend, providing an opportunity not
        only for children to play and socialise but also for parents to meet. Age group,
        generally up to about 3 but not exclusive.

        Playgroup / Preschools
        Both a sessional and full day care service, providing care and play to children in a
        more structured educational manner to develop a child for transfer to school. Age
        group, generally from about 1-5.

        Naionra
        Essentially playgroups / preschools, through the medium of the Irish Language.

        Montessori
        Another playgroup / preschool facility (and sometimes afterschool) both full and
        sessional based on the education philosophy forwarded by Dr Maria Montessori in
        1907. Children are encouraged to develop and teach themselves by using and
        stimulating all the senses.

        After School Group
        Facilities, which provide after school care to pupils (5-18). This can often be in
        schools, community halls, existing childcare facilities (as above) and may involve
        doing homework / study and play / social activities.

        Other

        ‘Sessional’: The provision of a service which offers a planned programme to pre
        school children of up to 3.5 hours per session by trained personnel

        ‘Full day-care’: The provision of a structured day care service for children for more
        than 3.5 hours per day, supervised by competent personnel.

        ‘After school care’: Extended day care for school-going children, usually Monday to
        Friday.


9.2     Development Control Advice and Guidance

9.2.1   In general, where planning permission is required for a childcare facility it should
        comply with the terms of the policies and provisions of the County Council's Childcare
        Strategy 2002.

9.2.2   The erection of a new childcare facility or change of use of an existing building from
        its present use would normally constitute development requiring planning permission.
        However, if the existing use and proposed use fall within use Class 8 then it would be
        regarded as exempted development subject to Article 10 of the Planning and
        Development Regulations, 2001.
        Use Class 8 (Part 4 Planning and Development Regulations, 2001) is defined the
        following uses -

        (a) health centre or clinic or for the provision of any medical or health services (but
            not the use of the house of a consultant or practitioner, or any building attached
            to the house or within the curtilage thereof, for that purpose),
        (b) crèche
        (c) day nursery
        (d) day centre




                                             25
9.2.3   Development consisting of a house for childminding would also be exempted
        development (Article 10 (5) Planning and Development Regulations, 2001.
        ‘Childminding’ is defined as ‘… the activity of minding no more than 6 children,
        including the children, if any, of the person minding, in the house of that person, for
        profit or gain’).

        The Council will consider producing detailed development control guidance on
        'Childcare Facilities and Planning Permission' to assist those considering providing
        facilities. This would enable clarification of matters on which there is a degree of
        uncertainty such as whether use of an existing school or community building would
        require planning permission and whether ancillary uses to a primary use such as an
        office, industrial building, recreational facility, hospitals, hotels etc., would constitute
        a material change of use requiring planning permission.

9.2.4   The following criteria will be applied in the assessment of the suitability of childcare
        facilities

       Have regard to the Child Care (Pre-School Services) Regulations, 1996, in relation to
        the planning implications of these Regulations.

       Suitability of the site for the type and size of facility proposed.

       Appropriateness of the scale of the operation relative to the area within which it is
        proposed.

       Potential noise and nuisance generated by traffic or by outdoor play.

       Availability of outdoor play area and details of management of same.

       Safe access and convenient parking for customers and staff. (The standards to be
        applied will be considered on the merits of each case. Provision for vehicles to enter
        and leave a facility in forward gear and / or a lay by facility along the frontage of
        developments will be required in most cases)

       Local traffic conditions.

       Number of such facilities in the area and the effect of a proliferation of such uses on
        the overall character of an area.

       Intended hours of operation (in certain residential areas, 24 hour operations could be
        problematic).

       The effect on the visual amenity and character of an area.


        SPECIFIC LOCATIONS

9.2.5   Residential Areas

        In primarily residential areas the provision of childcare facilities can prove convenient
        for users but this must be balanced against retaining the essential residential
        character.

9.2.6   In established residential areas detached houses / sites or substantial semi detached
        properties with space for off-street parking and /or suitable drop-off and collection
        points for customers and also space for an outdoor play area are likely to be more




                                                26
         acceptable for the provision of child care facilities. This is especially the case if this
         involves use of only part of the house and the residential use remains.

9.2.7    The use of terraced properties or semi-detached properties on small plots is less
         likely to be acceptable for full day care facilities and will be assessed on their merits
         with regard to the development control principles outlined above. Sessional or after-
         school care, which is ancillary to the main residential use may be more appropriate in
         this regard.

9.2.8    In new housing areas developers will be expected to plan for and include provision
         for childcare facilities. The level of this will depend on the particular circumstances
         but as a guide one childcare facility for a minimum of 20 childcare places per
         approximately 75 dwellings may be appropriate. This development standard shall be
         read in conjunction with policy R6-1 (Chapter 5).

9.2.9    Neighbourhood centres within residential areas would normally be suitable for
         childcare facilities provided there is adequate open space either contained within the
         facility or a safe outdoor play area nearby that is easily accessible. In the latter case
         if the play area is not in the applicant's control details of the owners’ approval for use
         will be required. Applicants will also need to provide access and parking which may
         be in the form of shared parking / drop off points with other users and must
         demonstrate that this right exists. Planning permission may be conditional on these
         matters.

9.2.10 Premises or sites at the edge or interface of a residential and other areas adjacent to
       primary traffic routes may be acceptable for the provision of childcare facilities where
       there is safe pull in / parking areas for customers and staff.


9.2.11 Industrial Areas / Employment Areas

         Childcare facilities may be suitable in light industrial zones / technology and business
         parks especially if they are ancillary to an existing industrial use. They are not
         suitable in general industrial estates / mining areas where the hazards and potential
         dangers of the process carried on or plant and machinery could be injurious to the
         health and safety of the children.

9.2.12 In industrial areas satisfactory access and parking will be required and the provision
       of or access to a safe outdoor play area.

9.2.13 In commercial areas premises in the core of town centres, which are heavily
       trafficked are unlikely to be suitable for childcare facilities due to the potential
       creation of a traffic obstruction and hazard. In locations where convenient parking
       and outdoor play-space are available they be more acceptable.

9.2.14 Childcare facilities are normally appropriate in educational establishments such as
       Third Level colleges and primary and second level schools, which in particular can
       provide for after school care.

9.2.15 In all cases childcare facilities must be located at the appropriate distances from
       establishments with hazardous substances in accord with Schedule 8 of the Planning
       and Development Regulations, 2001.

9.2.16       The following standards will be applied to the consideration of all planning
             applications for full day- care facilities




                                                27
          1. Minimum floor space per child : 2.32 square metres, exclusive of kitchen,
             bathroom and hall, furniture or permanent fixtures (Note : the Explanatory Guide
             to the Child Care (Pre-School Services) Regulations, 1996, recommends as
             follows : for children between age 0-1, 3.70 square metres floor area per child,
             children between age 1-2, 2.80 square metres floor area per child, children age
             between 2-6, 2.32 square metres floor area per child. These recommendations
             relate to clear floor space per child. Extraneous areas such as kitchens, toilets,
             sleeping and other ancillary areas are deemed to be separate.)

          2. Adequate and suitable facilities for a pre-school child to play indoors and
             outdoors during the day are provided, having regard to the number of pre-school
             children attending the service, their age and the amount of time they spend in
             the premises.

          3. The care of babies should be confined to the ground floor only.

              In relation to drop-in and sessional services, for pre-school children the
              Explanatory Guide to the Child Care (Pre-School Services) Regulations, 1996
              recommends the following:

                     Clear floor space per child : 2.00 square metres, exclusive of kitchen,
                      bathroom and hall, furniture or permanent fixtures.

              In relation to drop-in services for other children and after school care, the
              following indicative standard is suggested (but should be considered having
              regard to all relevant circumstances of the application, including the need for
              such services in the area and the likely number of hours each child will spend in
              the facility on an average day):

     Clear floor space per child : 2.00 square metres, exclusive of kitchen, bathroom and hall,
      furniture or permanent fixtures.

9.3       Consultation / Information required for Applications.

9.3.1     It is advisable for an applicant to consult with Planning Authority, the Building Control
          and Fire Officer of Donegal County Council, and the Health Board for the area, prior
          to submitting an application for a childcare facility.

9.3.2     The information which should be submitted (as a minimum) is as follows:

      1. Nature of the Facility

     Full day care
     Sessional
     Drop In
     After School Care

      2. Numbers of children being catered for.

      3. Parking provision for both customers and staff.

      4. Proposed hours of operation.

          Open space provision and measures for management of same.




                                                28
                                                                         Appendix 4

                                                          Development Charges

1       Preamble

Sub-section (1) of section 48 of the Planning & Development Act 2000 enables a planning
authority, when granting planning permission under Section 34 of the Act, to include
conditions for requiring the payment of a contribution in respect of public infrastructure
and facilities benefiting development in the area of the PA, and that is provided, or that it
is intended will be provided, by or on behalf of a local authority (regardless of other
sources of funding for the infrastructure and facilities).

Subsection (2) of section 48 requires that the basis for the determination of a
contribution under subsection (1) shall be set out in a development contribution scheme
made under this section.

A scheme may make provision for payment of different contributions in respect of
different classes or descriptions of development.

Subsection (3) of Section 48 specifies that a scheme shall state the basis for determining
the contributions to be paid in respect of public infrastructure and facilities, in accordance
with the terms of the scheme.

In stating the basis for determining the contributions to be paid, the scheme must
indicate the contribution to be paid in respect of the different classes of public
infrastructure and facilities which are provided or to be provided by any local authority
and the PA shall have regard to the actual estimated cost of providing the classes of
public infrastructure and facilities, except that any benefit, which accrues in respect of
existing development may not be included in any such determination.

A scheme may allow for the payment of a reduced contribution or no contribution in
certain circumstances, in accordance with the provision of the scheme.

A planning authority may facilitate the phased payment of contributions under Section 48
of the Planning & Development Act, and may require the giving of security to ensure
payment of contributions.


2       Definitions

In this scheme-

“Scheme” hereinafter means the development contribution scheme made under Section
48 of the P & D Act 2000.

“The Act” hereinafter means the Planning and Development Act, 2000.

“Council” hereinafter means the Bundoran Town Council.

“Public Infrastructure and facilities” has the same meaning as set out in Section 48 (17)
of the Act as follows-

(a)     the acquisition of land
(b)     the provision of open spaces, recreational and community facilities and amenities
        and landscaping works




                                           29
(c)       the provision of roads, car parking places, sewers, waste water and water
          treatment facilities, drains and watermains
(d)       the provision of bus corridors and lanes, bus interchange facilities (including car
          parks for these facilities) infrastructure to facilitate public transport, cycle and
          pedestrian facilities and traffic calming measures
(e)       the refurbishment, upgrading, enlargement or replacement of roads, car parks,
          car parking spaces, sewers, waste water and water treatment facilities, drains or
          watermains, and
(f)       any matters ancillary to paragraphs (a) to (e).


3         Basis for Determination of Contribution

The basis for determination of a contribution under the Bundoran Town Council
Development Contribution Scheme 2004 (the scheme) is as follows:

          (a) The Council considered the Bundoran Town Plan 1988 and the draft Plan, at
              present under consideration, including the objectives contained therein
              reviewed the various service and capital programmes to 2010 and
              determined the costs of these programmes.
          (b) An examination / analysis of the development trends in the town was carried
              out, to ascertain the level and nature of development that has occurred and
              to project anticipated development over the Plan period. This revealed an
              anticipated level of residential “starts” of 25% per annum, which would
              account for 70 % of the annual development activity.
          (c) The Council evaluated their respective programmes and set out the basis for
              determining the contributions to be paid in respect of their infrastructure and
              facilities. These evaluations provided for a discount to include the benefit
              which would accrue to existing development, as the full cost of the
              infrastructure / facilities cannot be absorbed by new development alone. This
              resulted in a discount of 55% for water services and 85% for roads and
              amenity programmes.
          (d) Costs recoverable from developers under the Governments Water Pricing
              Framework were excluded from the scheme.


          This resulted in anticipated costs on a per annum basis for each section as
          follows-

          Water Services                             €19,934
          Road Service                               €31,750
          TOTAL                                      €51,684

          (Detailed information on the programmes are set out in Appendices attached).


4         Development Contribution Scheme

      The Council makes this scheme to be known as the “Bundoran Town Council
      Development Contribution Scheme 2004” in accordance with Section 48 of the Act as
      its only scheme for its entire functional area.

      Under the scheme, Bundoran Town Council will, when granting a planning permission
      under section 34 of the Act, include conditions for requiring the payment of a
      contribution (the amount of which is indicated below under the heading Level of
      Contribution) in respect of public infrastructure and facilities benefiting development
      in Bundoran Town and that is provided, or that it is intended will be provided, by or



                                            30
    on behalf of the Town Council (regardless of other sources of funding for the
    infrastructure and facilities).


5       Special Contribution Scheme

    A special development contribution may be imposed under Section 48 of the Planning
    & Development Act, where exceptional costs, not covered by the scheme are incurred
    by the Council, in the provision of a specific public infrastructure or facility. Unlike the
    scheme, planning permission imposing special development contributions must
    specify the particular works attracting the works attracting the charge and can only
    be imposed on developments that specifically benefit from the contribution. Unlike
    the scheme, special contributions can be appealed to An Bord Pleanala. Both Special
    and Scheme Contributions would be bridge or road improvements relating to the
    development proposal, water services to wet industries, or road charges for
    commercial / industrial developments.


6       Level of Contribution

    Under the scheme, the contributions to be paid (except where an exemption or
    reduction applies) in respect of the different classes of public infrastructure and
    facilities area as follows-

Class of                Water               Sewer               Roads            Total
Development
Residential unit +      €317                €159                €1,270           €1,746
125m2
Residential unit –      €317                €317                €1,270           €1,904
125m2
Caravan / mobile        €50                 €95                                  €145
home per unit
Commercial *            €5,967 per ha       €5,967 per ha                        €5,967 per
                                                                                 ha

Industry                €7,935 per ha       €7,935 per ha                        €7,935 per
                                                                                 ha


    Carwash facility will be charged at €317 (water) and €317 (sewer) per jet.
    Parking shortfall will be charged at €1,270 per space.
    Eastend surface water catchment will be charged at €1,904 per house.

        * Commercial includes retailing, hairdressing salons, offices, laundrettes,
        restaurants and bars.


    NOTE 1:          These rates of contribution shall be updated effective from January
    1st each year, during the life of the scheme in accordance with the wholesale Price
    Index for Building and Construction published by the Central Statistics Office.


    NOTE 2:          The floor area of proposed development shall be calculated as the
    net floor area. This means the floor area determined from the internal dimensions of
    the proposed buildings, including internal walls.




                                            31
7       Exemptions

    The following categories of development will be exempted from the requirement to pay
    development contributions under the scheme.

       Private house extensions
       Registered charitable institutions
       Replacement dwelling on previously fully serviced sites
       Schools, non-commercial community centres, youth centres and similar non
        commercial community related developments.
       Structures on the Record of Protected Structures.
       Changes of use where applicant can demonstrate that there would be no additional
        loading on established services.
       Social housing units including those which are provided in accordance with an
        agreement made under Part V of the Act (as amended under the Planning and
        Development (Amendment) Act, 2002) or which are provided by a voluntary or co-
        operative housing body, which is recognised as such by the Council.
       Flagship tourism projects promoted by the Council.
       Development by churches.


8       Reductions

        The following categories of development will attract a reduction in respect of
        development contributions.

       Development that do not avail of public sewerage infrastructure within the period of
        the scheme (100%)
       Developments that do not avail of public water supply infrastructure within the period
        of the scheme (100%)
       Open storage / Hard surface commercial space development (70%)
       Manufacturing / internationally tradable services grant aided by IDA, Enterprise
        Ireland, County Enterprise Board, or other recognised local development agency
        (50%)
       Development related to restoration / conservation of derelict properties part funded
        by the International Fund for Ireland and / or Special Support Programme for Peace
        and Reconciliation or included in Council’s register of Derelict Sites (25%)
       Applicants for change of house type, which have the benefit of a permission prior to
        the adoption of the scheme, where the original charge will apply.

        A composite levy will be considered where the IDA are developing a business park
        based on the overall site area or part therof, which would exempt any future
        developments within the relevant area from further development charges. This
        exemption will not apply to wet industries within a business park.

9       Payment of Contribution

        Conditions requiring payment of the contributions provided for in the scheme will be
        imposed in all relevant decisions to grant planning permissions made following the
        making of the Scheme by the Council.
        The contributions under the scheme shall be payable prior to commencement of
        development. Contributions shall be made payable at the index adjusted rate
        pertaining to the year in which the implementation of the planning permission is
        commenced as provided for in the note 1 to the table at section 6 above.




                                              32
     The Council ay facilitate the phased payment of contributions payable under the
     scheme, and the Council may require the giving of security to ensure payment of the
     contributions.
     Consideration will be given to the provision of specific infrastructural works and
     facilities by a developer in liu of payment of development contribution subject to the
     written of the Council.


10   Appeal to An Bord Pleanala “The Bord”

     An appeal may be brought to the Board where the applicant for planning permission
     under Section 34 of the Act considers that the terms of the Scheme have not been
     properly applied in respect of any conditions laid down by the Council.


11   Review of Scheme

     The scheme may be reviewed from time to time by the Council having regard to
     circumstances prevailing at the time. After a review of the scheme, a new scheme
     may be made. The cut off year for the scheme (unless a new scheme is made before
     then) is 2010. A new scheme will be made by then at the latest.



                               Bundoran Town Council

                     Development Contribution Scheme

     Roads                                                             Estimated Cost
     Church Rd – Drumacrin Rd (15% OF OVERALL COST)             €330,000,00
     Promenade                                                  €500,000,00
     Traffic Calming along Mainstreet                           €85,000,00
     Traffic Calming along Atlantic Way                         €50,000,00
     Total Costs                                                €965,000,00

     Footpaths
     From existing footpaths @ Westend to Town Boundary         €175,000,00
     From existing footpaths @ Eastend to Town Boundary         €75,000,00
     Railings from Astoria Road Kearns Lane                     €40,000,00
     Westend Walk                                               €80,000,00
     Rougey Walk                                                €50,000,00
     Newtown                                                    €50,000,00
     Kinlough Rd                                                €60,000,00
     Tullan Strand                                              €40,000,00
     Total Costs                                                €570,000,00

     Drainage
     Drainage improvements @ Eastend                            €90,000,00
     Drainage @ Westend                                         €90,000,00
     Total Costs                                                €180,000,00

     Carparks
     Star of the Sea Carpark                                    €100,000
     Total Cost                                                 €100,000

     Total for Roads                                            €1,815,000,00



                                          33
         Estimated No. of residential units in Bundoran = 1435
         Estimated No. of Residential starts between 2003 – 2009 = 150
         Existing units / Estimated starts = 10.5%

         Ratio of residential Development to Non Residential on basis of development charges
         levied on permissions granted in 2002 = 70:30. It is therefore proposed to make
         30% discounting for non residential / commercial developments.

         As above works will benefit the existing residential population in Bundoran it would
         be unreasonable to expect the future residential starts to cover the complete cost of
         the above works. However since the construction of these additional residential units
         will have an effect on the existing services, it is proposed to levy 15% of the overall
         costs all future starts thus giving and overall discount of 85%.


   Roads                                                Period 2004 – 2010          Per Annum
   Overall Spend                                        €1,815,000,00               €302,500,00
   30% Discount for Commercial                          €544,500,00                 €90,750,00
   Residential Portion                                  €1,270,500,00               €211,750,00
   85% Discount in lieu of existing                     €1,080,000,00               €180,000,00
   residential units
   Residential Contribution Required                    €190,500,00                 €31,750,00
   Estimated No. of Residential starts                  150                                 25
   Roads contribution per house                         €1,270,00                   €1,270,00




   Programme                2004                 2005                 2006          Total 2004 -
                                                                                    2006
   Major       Capital      385,000**            2,137,000**          4,808,750**   7,330,750
   Programme
   Miscellaneous            420,000#             420,000#             420,000#      1,260,000#
   Public Facilities

   Total                    805,000              2,557,000            5,228,750     8,590,750

** See attached Appendix 1
# Originally included in Water Services proposed DCS



         Priority Programmes v Income

      Programme               2004                     2005            2006         Total 2004 –
                                                                                    2006
      Income       County     1,542,660                1,542,660       1,542,660    4,627,980
      Areas
      Income        Town      549,940                  549,940         549,940      1,649,820
      Councils

      Total Income            2,092,600                2,092,600       2,092,600    6,277,800

      Priority                1,762,500                2,020,000       1,944,100    5,726,600
      Programmes

      Surplus                 330,100                  72,600          148,500      551,200




                                                        34
    1. The priority Programmes (which were funded by the former scheme of
       Development Charges) can continue to be funded.
    2. There is a surplus of €551,200 available over 3 years for the following.

        Major Capital Programme
        Public Facilities


        Major Capital Programme

        Schemes involved in the Major Capital Programme (Appendix 1) will be prioritised
        having regard to allocation of funding by the Department of Environment, Heritage
        and Local Government, the start date(s) for schemes, and funding available from the
        Development Contribution Scheme 2004 – 2006.


        Public Facilities

        There is no funding for Public Facilities such as Public Conveniences and Leisure
        Centres.




                  Development Contribution Scheme 2004 – 2006

                            Water Services Capital Programme

The following capital programmes were previously funded by Development Charges and have
been identified as priority programmes ;


Priority Programmes

Programme                         2004         2005           2006          Total 2004 –
                                                                            2006
Capital            Replacement    600,000*     600,000#       600,000#      1,800,000
Programme
Takeover of Housing estates       125,000-     125,000#       125,000#      375,000
(m)
Water      conservation    pipe   125,000*     650,000#       574,100#      1,349,100
replacement
Small schemes programme           467,500*     200,000#       200,000*      867,500
Islands      /     General    /   270,000*     270,000#       270,000#      810,000
Environmental Improvements
Infrastructure already provided   175,000#     175,000#       175,000#      525,000
(m)

Total                             1,762,500    2,020,000      1,944,100     5,726,600

* Budget 2004
          - Budget 2004
          - # Originally as in Water Services proposed DCS.




                                              35
                   Serviced Land Initiative Programme

  The serviced Land Initiative Programme will be funded as before from a specific SLI
  charge on relevant Planning Applications.

Programme                2004         2005            2006            Total 2004 –
                                                                      2006
Serviced          Land   1,600,00*    835,000#        835,000#        3,270,000
Initiative Programme




                                      36
              Appendix 5

     Implementation Table




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