New 'Urban Agriculture' planning zone category proposed.

Dear Kilkenny County Council Planning Department,

Firstly can I commend Kilkenny County Council for such a comprehensive proposal in the Kilkenny City and County Draft Development Plan 2021-2027 as published on 22.12.20.

I wish to make a submission in relation to this plan concerning the creation of a new planning zone designation for use within the boundary for Kilkenny City as defined in the plan.

My submission on the County Development Plan is made in a spirit of co-operation with the Council and in order to ensure an effective and practical outcome for all concerned.

When I use the term ‘city boundary’ I am of course referring to the development boundary for Kilkenny City as defined by Kilkenny County Council in the draft proposals for 2021-27 as published on 22.12.20.

Actively farmed land within the defined city boundary is proposed to be zoned in the vast majority of cases using one of two classifications:

Agriculture

Area of strategic reserve

And in the case of just two active family owned farms representing a small fraction of the overall land within the same city boundary, a new planning zone designation is proposed :

Urban Agriculture.

Both farms are long established family run farms of many generations. The lands have always been in agricultural use and in this respect are no different to other actively used farmland land with the proposed zoning of ‘Agriculture’ and ‘Area of Strategic Reserve’.

I detail the definitions for each of these zonings as provided by Kilkenny County Council in the draft proposal at the bottom of this submission. For comparison purposes I have summarised the key elements of each zoning in the table on page 2 below with what is detailed in the draft plan in black, what was confirmed by Kilkenny County Council planning officials verbally in red and observations based on mapping published in the draft plan in black italics.

From the assessment above it is clear that all three zonings have the same objective for the duration of the proposed plan. There is little practical difference in purpose and objective between them all other than two subsidiary areas as regards services for development, one undefined area restricting farming activity that is not applied to any other planning classification of farmland in the same urban context and one restrictive stipulation on housing development not applied to any other planning classification of farmland used in the same urban context.

• Agriculture land is not serviced for development or is difficult or unlikely to be serviced.
• Areas of Strategic Reserve are serviced for development or are easily or likely to be serviced for development in a future plan.

(Urban agriculture land has no clear determination for services, but all lands proposed for such zoning appear to be considered as serviced by the council.)

• Urban Agriculture imposes restrictions on the farming activities that can be carried out. The definition in the draft plan qualifies the objective of protecting agricultural land from non-agricultural use by adding ‘provide for sustainable agricultural / horticultural uses’. No clear definition of permitted or non permitted farming activities are given nor indeed is the term ’sustainable’ defined in this context.
• With Urban Agriculture unlike any other farmland zoning, the farm owners are not permitted to apply for planning permission for housing for a family member actively involved in the farm business.

The ‘Urban Agriculture’ zoning is a creation of Kilkenny County Council’s planning department under the planning acts, and according to planning officials, is unique to this authority.

Comparison shows that ‘Urban Agriculture’ does not deliver on any different real objective in the lifetime of the draft plan to what either ‘Agriculture’ or ‘Area of Strategic Reserve’ delivers on, but simply imposes undefined restrictions on agricultural activity and inexplicable restrictions on housing permitted, compared to all other forms of active family owned farmland within the same city boundary.

If the intention was to create an agriculture zoning for an ‘urban context’, this is negated by the use of ‘Agriculture’ and ‘Areas of Strategic Reserve’ zoning, for much more land in active agricultural use within the same city (urban) boundary. ALL land in active agricultural use within the city boundary is in an ‘urban context’.

A request was made of the council asking for definitions of permitted and non permitted farming activities and / or the mechanism for arriving at such a determination. To date no response has been forthcoming. This would seem to indicate that major aspects of this unique zoning designation have not been fully considered. Use of the term ‘sustainable’ makes the matter even more complicated as broad sustainability covers, environmental, social and economic aspects. This would be quite a task for the planning department, as there are multiple potential farming and horticultural activities and at least 3 sustainability criteria. All these will continue to change as technology and methods advance.

However as new restrictions are proposed by the council, and they involve a council planning department introducing restrictions around what appears to be a new concept of ‘sustainable agriculture/horticulture’ in relation to a planning zone criteria for traditional farmland in agricultural use. These new restrictions should be clearly defined in advance of any final decision on introducing this new concept to allow for informed consultation, discussion and agreement by all stakeholders particularly the farming sector.

On the matter of housing permitted, if the intention is to protect lands in agricultural use with important development potential, beyond the timescale of the draft plan from one off housing development that does not comply with recommended housing density requirements, this position is negated by two facts :

1.  As things stand all housing in the county is subject to the planning process, and the council already has an opportunity to refuse planning permission where it considers a development to be unsuitable or damaging to the area.
2. Within the same city boundary there are much larger tracts of family owned farmland in active agricultural use zoned ‘Area of Strategic Reserve’ - including adjacent to strategic high density housing developments of Breagagh and Loughmacask neighbourhoods-  where housing restrictions proposed for urban agriculture are not proposed. These lands would have even greater need of these one off housing prohibitions if such restrictions serve a planning purpose.

It does seem unnecessary, and even odd, to propose that two family farms, are selected for extra restrictions, that are not applied to other family farms zoned ‘Agriculture’ or ‘Area of Strategic Reserve’ within the same city boundary and therefore have no clear planning purpose.

The submission is that this new planning zone designation of ‘Urban Agriculture’ shares the exact same planning objective as the two other planning zone criteria for actively farmed lands within the city boundary. All other criteria relating to ‘Urban Agriculture are ill defined or vague , unlike ‘Agriculture’ or ‘Area of Strategic Reserve’ zoning, and consequently has no clear distinct purpose under planning acts and in its actual proposed use for planning purposes. ‘Urban Agriculture’ as a zoning appears to apply extra restrictions, somewhat arbitrarily and without clear planning purpose, to two individual family farms occupying a tiny portion of the total area and a very small proportion of land in agricultural use within the same city boundary. It is unnecessary and, if adopted, potentially problematic for the council. For effective urban planning in Kilkenny City this new planning zone of ‘Urban Agriculture’ should be removed.

Either ‘Agriculture’ or ‘Area of Strategic Reserve’ zonings could be used for all actively used agricultural lands within the city boundary allowing for more effective, logical, clearer and fairer urban planning relating to land in agricultural use during the lifetime of the plan.

If Kilkenny County Council’s planning department do not understand nor agree with the substance of this submission, I would respectfully recommend the council actively and positively engage with the farmland owners in question to help determine the most appropriate zoning to include the final proposed plan in a spirit of community co-operation.

Yours Sincerely

Joe Mulhall

The definitions of the three planning zonings for land in agricultural use within the city boundary as defined in the draft plan are :                                                                                    

‘Agriculture:                     

Objective: To conserve and protect agricultural land from interference from non‐agricultural uses.  To prevent development of agricultural land adjacent to development areas.  

Permissible uses: Agriculture, horticulture, public service installations

Open for consideration: Public open space, guesthouse, restaurant, nursing home, dwelling houses

in certain limited cases, halting site, private open space

Housing on lands zoned Agriculture:

Housing on lands zoned “Agriculture” will be restricted to the following categories of persons:

i. Immediate members of farmer’s families (sons /daughters) and/or;

ii. Person whose primary employment is in agriculture, horticulture, forestry or bloodstock, or

other rural based activity in the area in which they wish to build) 

Areas of Strategic Reserve

Areas of Strategic Reserve are included on the zoning map of Kilkenny City (See Figure CS5).  These

areas will provide for the expansion of the city beyond the period of this Plan (post 2027).  Following substantial progress being  made  in  the  development  of  the  Breagagh  and  Loughmacask neighbourhoods, appropriate planning framework documents will be prepared for some of the areas of Strategic Reserve as required in the longer term. 

Objective: To conserve and protect Strategic  Reserve land  from interference  from  non‐agricultural

uses. To prevent premature development of agricultural land adjacent to development areas.

Permitted Uses: Agriculture, horticulture, public service installations. 

Open for Consideration: Public Open Space, guesthouse, restaurant, dwelling houses in certain

limited cases, as outlined below, halting site, private open space, other uses not contrary to the

proper planning and development of the area, extensions to existing developments. 

Housing on Strategic Reserve lands:

Housing will be restricted to the following categories of persons:

Immediate members of farmers’ families (sons/daughters) where the land is being actively farmed by that family.

Urban Agriculture:

Objective: To provide  for agricultural uses within the existing  foot print of the built‐up area and to protect the land from non‐agricultural uses and provide for sustainable agricultural/horticulture uses

within the urban context.

Permissible  uses:  Agriculture,  horticulture,  Agricultural  structures  related  to  on  site  production,

Allotments