Material Contraventions
12.8 Where such non-conforming uses are legally estab- lished, their reasonable expansion or improvement within their curtilage will be considered on their own merits provided there is no serious detrimental impact on the primary land use zoning objective for the area or environment, having regard to other relevant objectives of this Plan. Development Close to Zoning Boundaries 12.9 While land use zones are delineated on the Zoning Maps with clear and distinct boundaries, there are interdependencies between land use zones. Development in one zone may impact upon the existing environment in another zone, particularly near boundaries between different zones. In order to avoid abrupt transitions in scale, densities and use, when dealing with development proposals near zoning boundaries, consideration must be given to existing development in adjoining zones. This is particularly relevant for more environmentally sensitive zones such as residential zones, and special consideration must be given to scale, density and use in order to protect existing residential amenities.
12.11 While not a function of a development plan, current planning legislation provides a mechanism to allow a Council to permit a proposed development that contravenes materially development objectives in a development plan, including land use zoning objectives. It is not possible for a development plan to account for every possible eventuality, and situations may arise where the proper planning and sustainable development of an area may be best served by a development that contravenes the land use zoning objectives of the Plan. In such cases, development proposals will be considered on their own merits in accordance with the principle of proper planning and sustainable development, and in accordance with the Core Strategy and development strategy of this Plan.
Pre-application Consultations
12.12 Current planning legislation provides a mechanism for prospective applicants to engage in consultations with a planning authority before making a planning application. This is a valuable process for applicants and the planning authority as it can serve to clarify objectives set out in this Plan, including land use zoning objectives, and ensure quality planning outcomes. Prospective applicants are generally advised to engage in pre-application consultations with the planning authority before submitting a planning application.
Open Space in Residential Areas
12.10 Many green areas of open space in residential areas are not specifically zoned as public open space and may be zoned ZO 1 Sustainable Residential Neighbourhoods or another land use zoning objective. Irrespective of zoning, there will be a presumption against development on all open space in residential estates including any green area or public amenity area that formed part of an executed planning permission for development and was identified for the purposes of recreation or amenity open space, including land which has been habitually used as public open space. Such lands shall be protected for recreation, open space and amenity purposes.
527
Cork City Draft Development Plan 2022-2028
Volume 1 I Chapter 12
Powered by FlippingBook