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Planning

DEVELOPMENT MANAGEMENT

The Development Management Team of Sligo County Council experienced one of its busiest years to date during 2006 when 1,407 planning applications were submitted, representing an 18% increase on the 2005 intake. Applications for single dwellings amounted to 43% whilst there was a noticeable surge in the number of applications for agricultural development in the final quarter. Efficiency gains achieved through the implementation of a number of initiatives over recent years resulted in 85% of all planning applications being decided within 8 weeks, which is an exceptional performance in the national context, whilst the refusal rate was just 9%. In total only 3.5% of all planning decisions were subsequently appealed to An Bord Pleanala.

 

Sligo County Council’s commitment to enabling the electronic provision of planning services, amongst other customer focused initiatives, progressed significantly during 2006 with the addition of new online facilities to the local authority website. This includes an electronic version of the Planning Register Map (1964 to date) and the availability of complete applications submitted from 2000 onwards, for viewing without the need to visit the planning office in Sligo, thus offering those with internet access a convenient and alternative method of engaging with the planning process.

In keeping with the trend of recent years the Development Management Team hosted a seminar for local planning agents in November, 2006 to inform them about planning policies and best practice. These types of events offer a very useful forum for collective discussion with planning agents, who represent a core customer group for the Planning Authority. The Council is pleased to report that the establishment of a Panel of Approved Consultants to carry out site suitability assessments for on-site wastewater treatment systems has resulted in an improved standard of development proposals, which in turn is reflected by a reduction in the number of refusals and further information requests issued. The panel has been increased during the year due to the inclusion of additional qualified consultants.

By way of recognition for recent customer focused initiatives to improve the delivery of planning services, Sligo County Council was delighted to be presented with a commendation for its commitment to high quality planning service by the Minister for Environment, Heritage & Local Government, Mr. Dick Roche, TD at the Chambers Ireland Excellence in Local Government Awards 2006 held in Dublin, having been nominated by Sligo Chamber of Commerce.

ENFORCEMENT

PLANNING ENFORCEMENT AND BUILDING CONTROL

The main focuses of this Section include: -

1. Enforcement of planning control
2. Monitoring of housing estates to ensure their satisfactory completion / taking in charge
3. Collection of financial contributions
4. Securing Bonds for Housing Developments
5. Building Control
6. Dangerous Structures
7. Derelict Sites

1. ENFORCEMENT OF PLANNING CONTROL

   Our role in this area involves random inspections of developments in progress, follow-up on planning conditions which have not been complied with, and investigating complaints by the public with regard to unauthorised development.
   
   In the main, most developers are compliant with the planning laws and regulations. Where difficulties arise, the Council uses the mechanisms set out in the Planning and Development Acts 2000 as amended. In 2006 the Council carried out over 500 inspections in this area.
   
   In addition it investigated 124 complaints of unauthorised development, served 154 Warning Letters and 100 Enforcement Notices, and initiated 37 prosecutions. 45 complaints were dismissed while another 129 were resolved through negotiations.
   
   The success of the Enforcement Section can be demonstrated by the payment of €94,530.00 during 2006 in respect of application fees for planning applications submitted to the Council for the retention of unauthorised developments.

2. MONITORING OF HOUSING ESTATES / TAKING IN CHARGE

   Under Section 180 of the Planning and Development Act 2000, a legal obligation has been placed on Local Authorities to take in charge housing estates where certain conditions have been met. This Council, in 2004, adopted a policy on the taking in charge of housing estates. This policy is currently being implemented.
   
   Many new housing estates are presently under construction in the County. The activities of the Enforcement Section are geared to ensuring that these estates are satisfactorily completed and to allowing the Council (where the developer or residents desire) to take these in charge. This will have financial implications for the Council in terms of ongoing maintenance costs in the future. However, the arrangements presently in place should ensure that these estates are completed to a high standard prior to becoming the responsibility of the Council. Over 100 inspections were carried out in the course of the year.
   
   The Council, following a comprehensive survey, also drew up a list and the status (finished or unfinished) of all estates in the county during this year. This information will enable the Council to take a very proactive approach to progressing the taking in charge of estates on completion. In 2006, applications to take 8 estates (168 houses) in charge have been lodged with the Council. These applications are currently being processed.
   
   Any request to have a housing estate taken in charge by the Council must be accompanied by the following:

   • Completed application form
   • Fee
   • As-constructed drawings and appropriate certification
   • Written confirmation of maintenance of open spaces by a management company or residents group
   
   It is the policy of the Council, as part of the taking in charge process, to have a Close Circuit TV survey on all main runs of foul and storm sewers, carried out by an agent, on its behalf, to ensure satisfactory standards of construction.

3. COLLECTION OF FINANCIAL CONTRIBUTIONS

   
   Development Contribution Scheme 
   

   The Development Contribution Schemes currently inoperation provide the required funding to improve nfrastructure throughout the County. In addition, special contributions have been levied in respect of some areas where specific exceptional costs not covered by the scheme are incurred i.e. wastewater schemes for Coolaney, Dromore West, Bunninadden, Carney & Gurteen. The Council works closely with developers to provide this infrastructure with the cost being borne by them.
   
   A system has been put in place to ensure that financial contributions, which are levied, are paid in accordance with the requirements of planning permissions granted. Appropriate enforcement action is taken, where the contributions are not paid.

4. BOND AND SECURITY

   The Council imposes a condition on all housing developments requiring that work shall not commence, until adequate security for the satisfactory completion of the proposed development has been lodged with the Planning Authority. This security is released when the development is taken in charge by the Council. Particular attention is given by this section to ensuring that adequate security is in place in respect of all housing developments. Phasing of the security may be permitted subject to certain conditions.

5. BUILDING CONTROL

   The objective in this area is to encourage good building practice, to ensure that buildings are constructed correctly and that access for the disabled and elderly is provided for in building plans. The Council is required, under inspections targets set nationally, to inspect between 12% and 15% of buildings covered by valid Commencement Notices. Sligo County Council exceeded this requirement in 2006.
   
   The Council continues to pay particular attention to compliance with Part M of the Building Regulations (which deals with access for people with disabilities). A high level of compliance has been achieved in this area.
   
   In addition, it is the policy of Sligo County Council following receipt of a Commencement Notice for two or more houses or for commercial or industrial premises, to require the developer to submit drawings showing compliance with Part M - Section 11(c) Building Control Act 1990. This has the effect of making both the developer and the architect / agent aware that Part M should be complied with at both the design and the construction stages. It is also Sligo County Council’s policy to try and resolve breaches in direct discussions with the parties involved.
   
   The new Building Control Bill currently before the Dail provides for amendments to the Building Control Act 1990. This will simplify the prosecution process for building control authorities by giving authorities the option to bring summary prosecutions for all building code offences in the District Court. In addition, it provides for substantial increases in maximum penalties for breaches of the building code. It also
   introduces a "disability access certificate" whereby the design of non-domestic buildings and apartment blocks will be certified as being in compliance with Part M of the building regulations, prior to commencement of work. 
   
   The Bill under the guidance of The EPBD (Energy Performance of Buildings Directive) also requires that all newly constructed buildings, and existing buildings offered for sale or rent, be accompanied by a Building Energy Rating (BER). This requirement is to be phased over a 3 year period ending 1st January 2009.

6. DANGEROUS STRUCTURES

   This department has responsibility for dealing with dangerous structures, which come to our attention. Four such structures were dealt with by the Council during 2006.

7. DERELICT SITES

   The Council seeks, where possible, to secure the development of such sites rather than just simply to improve their appearance. In 2006, the Council served notice on the owners of 28 such sites, of its intention to enter the sites in the Derelict Sites Register. There are ongoing discussions with the owners of the majority of these sites.

DEVELOPMENT PLANNING UNIT (DPU)

LOCAL AREA PLANS

The year commenced with the publication of the Ballymote Local Area Plan 2005-2011, which came into effect on 5th December 2005. The Plan sets out a range of development objectives for the desired manner and pattern of growth of the Town, including residential, recreation, community and employment uses, heritage, tourism and transport considerations.  As well as guiding and promoting development, the document is a useful source of information about Ballymote and its environs.

Work progressed on the forthcoming local area plan for Tubbercurry, which will take account of ideas and suggestions voiced in the course of pre-draft public consultation conducted over the winter of 2005/2006. The DPU is working closely with several sections of the Council in the formulation of the plan and will have the benefit of the 2006 Census results before completing the draft for public consultation in spring 2007.

To balance the growth of Sligo on the northern side of the Gateway, the National Building Agency (NBA) was commissioned to prepare a masterplan for the Teesan- Lisnalurg-Shannon Oughter area of Sligo and Environs i.e. the ‘North Fringe’. The initial draft was presented to the Area Committee and the Planning and Economic Development SPC before Christmas and full consideration will be given to the feedback received before the draft plan is finalised for submission to the Council in 2007.

 
- The Left Bank Café Bar

MINI-PLANS

During 2006, the DPU focussed heavily on the preparation of Mini-Plans for Carney, Coolaney- Rockfield and Dromore West, all of which are under considerable development pressure. The process included Strategic Environmental Assessment (SEA) ‘screening’ to determine whether the implementation of the plans would have significant effects on the environment. The Draft Plans gave rise to lively debate at the well-attended public consultation meetings in June, during the public display period. On 11th September, the Members incorporated the Plans into the County Development Plan by means of the statutory ‘variation’ procedure, thus bringing to nine the number of settlements with land use zoning within the County area.

 
- The Cathaoirleach Councillor Jim McGarry leading a group including the Mayor Councillor McSharry and County Manager Hubert Kearns on a visit to Sligo Port

SLIGO DOCKLANDS REGENERATION

Sligo County Council assumed responsibility for Sligo Port in April 2006 and has earmarked docklands regeneration as a priority Gateway initiative. With a view to achieving this long-term goal, Sligo Local Authorities have worked throughout the year to identify the critical steps and inputs needed to kickstart the process. To inform Council thinking on such a major undertaking, the Planning and Economic Development SPC arranged a useful fact-finding trip to Derry in October. Having researched dockland regeneration projects elsewhere, the DPU drafted a timetable for the preparation and delivery of detailed master-planning proposals for the Sligo Docklands area. Meanwhile, as part of the ongoing urban regeneration initiative, the Council commissioned a Development Framework for the Hughes Bridge/Lower Quay Street area and urban design proposals for the Inner Relief Road corridor.

 
- Ulster Bank in Sligo City

RECORD OF PROTECTED STRUCTURES (RPS)

During 2006, the Minister published the National Inventory for Architectural Heritage (NIAH) for Sligo and recommended the protection of all structures with a ‘regional’ or higher rating on this database. Having short-listed the structures that are not currently included on the RPSs for Sligo City and County, an assessment got underway to identify those that warrant protection or otherwise.

On completion of this exercise in 2007, the additions will be formally proposed under s.55 of the Planning and Development Act.

SLIGO & ENVIRONS DEVELOPMENT PLAN 2004-2010

The NBA was engaged to prepare the Manager’s midterm progress report on the Sligo and Environs Development Plan. Council officials were  considering the draft report at the end of 2006, with a view to submitting the final report to the Members of Sligo Borough and County Councils in early 2007.

 
- Breifne Tourism website

BRÉIFNE TOURISM

On behalf of the Council, the DPU sustained its involvement in this EU-funded cross-border marketing initiative, in which some €2.2m has been invested since 2003. Phase I of Bréifne produced a suite of quality promotional products, which were officially launched by Minister for Communications, Marine & Natural Resources, Mr Noel Dempsey TD on November 14. The products include a website (www.breifne.ie), travel guide, documentary DVD and gateway signage. They will now be used to promote the region, both nationally and internationally, with the help of a Phase 2 SEUPB grant and ongoing support from the project partners: Cavan, Fermanagh, Leitrim, Sligo and Roscommon local authorities, the Geological Surveys of Ireland and N.Ireland, the University of Ulster, and Cavan County Enterprise Board.