D66 Zoning

Dear Sirs,
I wish to make a submission to the Draft Development Plan 2014- 2020 for consideration by the Council.
My submission relates to Lacken House Dublin Road Kilkenny which is zoned for general business under the draft development plan.
I enclose a map with Lacken House outlined in red.
I request that the Council change the general business zoning back to residential zoning which existing historically in this area in the 2002 - 2008 Development Plan and in previous development plans.
Planning History
In the making of the 2008 - 20 14 Kilkenny City & Environs Development Plan, Lacken house was rezoned from Residential to General Business following a submission (D 182) to the then draft plan.
I enclose a copy of that submission and managers report for your attention.  There were two factual errors in that submission:
1. The Site area stated as 1.58ha (3.91 acres.)
The site area is only 0.25ha (0.63 acres).
2. "The site itself is relatively fIat and is separated from the Newpark Shopping Centre by a high boundary wall at the rear of the centre. The eastern side of the site is bounded by an unused car park associated with the New Park Shopping Centre. "
The site is not bounded by the Newpark Shopping Centre nor is it bounded by high walls.
These two factual errors give a misleading impression of the extent of the site and the adjoining land uses and the potential of conflicts arising between commercial development on the site and the existing residential uses.
The site is located within the Lacken Architectural Conservation Area.
Planning Ref 07/ 146: Permission was granted for change of use of Lacken House from an existing guest house (722 sq m)m to an office use ; the reconfiguration of the car parking layout and the relocation of existing garden shed to the northern boundary of the site subject to 6 conditions to Mr. Eamon O'Gorman.
Planning Ref: 081145: Permission granted subject to 7 conditions to Mr. Eamon O'Gorman for development consisting of a two storey extension (GFA 34sqm) to the rear of the existing Lacken House building with amendments to elevations and the provision of an external lift at the front facade.
Planning Ref: 09/76: Permission granted subject to 1 condition to Mr. Eamon O'Gorman to amend the previously granted planning permission, Ref 081145, consisting of; the demolition of existing front entrance porch, relocation of the front entrance door and associated amendments to the front (southern elevation), construction of new entrance steps with wheel chair hoist, reconfiguration of the car parking layout and site entrance.
Enforcement Proceedings
Two Entorcement Notices have been issued to the developer by Kilkenny Borough Council as a result of contravention of the terms and conditions of the permissions granted and changes to permitted layout.
At the time of writing these enforcement notices have not been complied with within the allotted time frame.
Land use zoning is about identifying the quantity of land needed, and the best location over the plan period for such land.
Section 4.10 of the Development Plan Guidelines for Planning Authorities issued by the DoEHLG 2007 recommends that "decisions to zone land must be made in and open and transparent manner, must be clearly justified on the basis of established need and must support the aims and strategy of the plan.
Section 10(8) of the Act states that there can be no presumption that any land zoned in a particular development plan will remain so zoned in any future development plan.
What exists at Lacken House is the application of zoning benefiting a specific parcel of land within a larger zoned area which is in conflict with the larger residential zoning.
Reasons why change of zoning to Residential is justified.
  • No evidenced based argument for general business zoning advanced,
  • Planning Department recommended no change to residential zoning in Managers report of 2007.
  • Factual errors in the original submission.
  • Protection of residential amenity of the area into the future.
  • Protection of the character of the Lacken Architectural Conservation Area into the future which is an objective of the existing plan and the draft plan.
  • The land use zoning provisions of the Draft Development Plan provide a range of zonings to cater for the diverse economic development of the City & Environs. There are extensive areas of business park zonings, general business zoning in the City Centre, McDonagh junction and the former mart site, and neighbourhood centres which can cater for office development.
  • There are a large number of offices to let/for sale in the City & Environs.
  • The general business zoning in this area is an anomaly within a wider residential zoning.
  • The general business zoning does not protect or improve the residential amenities of the area as evidenced by the manner in which the development has been executed
  • The site has permission for office development and this cannot be taken away by any zoning change.
  • It is a reasonable measure to safeguard the residential amenity of the area into the future.


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