2ú Márta, 2018.
A Chara,
PROPOSED VARIATION NO. 5 TO THE KILKENNY CITY & ENVIRONS DEVELOPMENT PLAN 2014 – 2020
Further to your correspondence of 31st January, 2018, the Southern Regional Assembly sets out below its observations on Proposed Variation No.5 to the Kilkenny City & Environs Development Plan 2014– 2020 with regard to providing the necessary overarching policy framework to allow for temporary car parking in the Abbey Quarter Masterplan Area, in accordance with Section 27(c) of the Planning and Development Act 2000 (as amended).
Policy and legislative context for Observations of the Southern Regional Assembly
The proposed variation has been reviewed in conjunction with the South-East Regional Planning Guidelines 2010 – 2022 and relevant national policy.
The observations of the Regional Assembly are issued in accordance with the provisions of the Planning and Development Act 2000 (as amended):
27C. (1) Where a regional assembly receives a notice from a planning authority under Section 13(1) it shall prepare submissions and observations for the purposes of Section 13(2).
(2) Submissions or observations made by the regional assembly under subsection (1) shall contain a report which shall state whether, in the opinion of that assembly, the draft variation of the development plan, and, in particular, its core strategy, are consistent with the Regional Spatial and Economic Strategy in force for the area of the development plan.
(3) Where the opinion of the regional assembly stated in the submissions or observations made and the report issued is that the proposed variation of the development plan and its core strategy are not consistent with the Regional Spatial and Economic Strategy, the submissions and observations and report shall include recommendations as to what amendments, in the opinion of the Regional Assembly, are required in order to ensure that the proposed variation to the development plan and its core strategy are so consistent.
It should be noted that the Regional Planning Guidelines for the South-East remain in force until such time as a Regional Spatial and Economic Strategy has been adopted by the Regional Assembly.
Proposed Variation No.5 to the Kilkenny City & Environs Development Plan 2014– 2020.
The proposed Variation consists of the following:-
• A report containing an overview of the variation and proposed changes to the Development Plan text
• A Strategic Environmental Assessment Screening Report
• An Appropriate Assessment Screening Report
Purpose of Proposed Variation No. 5.
It is noted that the stated purpose for Proposed Variation No. 5 is to ‘provide the necessary overarching policy framework to allow for temporary car parking in the Masterplan notwithstanding the text of the Masterplan in section 4.16’
It is stated that in the short term this objective is required to ensure that any potential conflicts between the Masterplan Document (section 4.16) and the recommendations of the Urban Design Criteria and Parking Options Report are clearly resolved so as to give certainty in the Kilkenny City & Environs Development Plan 2014– 2020
Proposed Additional Sections to be inserted into the Development Plan written statement:-
The proposed variation involves the inclusion of an additional Objective 3Q which states:-
3Q ‘To provide for temporary car parking (meanwhile uses) as outlined in the Urban Design Code (completed on the foot of Objective 3K and the Parking Options Report (completed on the foot of Objective 3N) within the Masterplan Area’.
Evaluation of Proposed Variation 5
The Regional Assembly notes that the proposed variation relates to one particular location in Kilkenny City – the Abbey Quarter and would facilitate use of the area for temporary car parking while development proposals are being formulated. It is considered that the proposed variation would assist in implementation of Strategic Goal B5 for ‘Promoting strategies to prioritise urban regeneration in order to improve and revitalise cities, towns and neighbourhoods and support local economies’ as set out at Section 3.2 of the South-East Regional Planning Guidelines
Given the policy statement set out above, it is considered that the proposed variation would be consistent, as far as is practicable, with the Regional Planning Guidelines (RPG) for the South-East 2010 – 2022.
Strategic Environmental Assessment
An SEA Screening carried out concluded that ‘Proposed Variation 5 to the Kilkenny City & Environs Development Plan 2014– 2020 has been examined against Schedule 2A ‘Criteria for determining whether a plan is likely to have significant effects on the environment’ of the SEA Regulations, as amended, and it has been determined that the Proposed Variation would not be likely to result in significant environmental effects’ and it was determined that a Strategic Environmental Assessment is not required for Proposed Variation 5 to the Kilkenny City & Environs Development Plan 2014– 2020. It is noted that a Strategic Flood Risk Assessment was previously prepared for this location and that the SEA Screening stated that a SFRA is not required for this variation.
Appropriate Assessment
An Appropriate Assessment Screening was undertaken for the proposed variation No. 5. The Regional Assembly notes the conclusion of the Appropriate Assessment Screening that ‘the Variation to the KCEDP has been formulated to ensure that uses, developments and effects arising from permissions based upon the Variation (either individually or in combination with other plans or projects) shall not give rise to effects on the integrity of any Natura 2000 sites’ and that ‘it is concluded that the Variation does not require any further assessment to demonstrate compliance with the Directive.’
Conclusion
The Regional Assembly considers that Proposed Variation No.5 to the Kilkenny City & Environs Development Plan 2014– 2020 would be would be consistent, as far as is practicable, with the South-East Regional Planning Guidelines 2010 – 2022.
Mise le meas,
Stephen Blair
Director