Draft Ministerial Direction Kenmare Municipal District Local Area Plan 2024-2030

Planning & Development Act 2000 (as amended)

Notice of Draft Direction by the Minister for  Local Government and Planning as regards the making of the Kenmare Municipal District Local Area Plan 2024-2030

Notice is hereby given that on 23^rd May 2024, Kerry County Council received notification from the Minister for Local Government and Planning of his intention to issue a Direction pursuant to Section 31 of the Planning and Development Act 2000 (as amended).

The Draft Ministerial Direction related to the adoption of the Kenmare Municipal District Local Area Plan 2024-2030.

This Draft Ministerial Direction is now placed on public display for a period of two weeks, whereby submissions can be made to the Planning Authority with regard to the Draft Direction.

The Planning Authority is directed to take the following steps:

Delete the following material alterations from the adopted Local Area Plan such that the subject lands revert to as indicated in the Draft Local Area Plan:

1. Material Alteration 35 (Site KG-102) – i.e. the subject lands (located at Reen, Killorglin) revert to not zoned, from R1 New/Proposed Residential;
2. Material Alteration 36 (Site KG-104) – i.e. the subject lands (located at Dromavalla, Killorglin) revert to not zoned, from M1 Mixed;
3. Material Alteration 38 (Site KG-103) – i.e. the subject lands (located at Laharan, Killorglin) revert to not zoned, from R1 New/Proposed Residential;
4. Material Alteration 18 (Site CH-103) – i.e. the subject lands (located at Garranearagh, Cahersiveen) revert to not zoned, from R4 Strategic Residential Reserve; and
5. Material Alteration 60 – i.e. the subject lands (located at Tullig More, Killorglin) revert to not zoned, from C2.1 Industrial/Enterprise/Employment.

Reasons stated for the Draft Direction:

1. The Local Area Plan as made includes material alterations to the draft Local Area Plan, which zone additional R1 New/Proposed Residential land in Killorglin inconsistent with the core strategy of the Kerry County Development Plan 2022-2028, and additional R4 Strategic Residential Reserve in Cahersiveen. These material alterations are located in peripheral and/or non-sequential locations, and/or unserviced locations, and/or outside the CSO boundary of Cahersiveen. The material alterations would individually and cumulatively encourage a pattern of development in particular locations which is inconsistent with Objective KCDP 4-1 of the Kerry County Development Plan 2022-2028 and RPO 35 of the RSES to implement compact growth, Objective KCDP 3-6 to zone land for residential purposes in accordance with the tiered approach to zoning, and the policy for sequential zoning (section 6.2.3) under the Kerry County Development Plan 2022-2028, and the planning authority have provided no or no adequate reasons for not applying the policy and objective for sequential zoning contained in the Development Plans Guidelines for Planning Authorities (2022) issued by the Minister under section 28 of the Act.
2. The Local Area Plan as made includes a material alteration to the draft Local Area Plan, which zones additional M1 Mixed Use / Opportunity Site in Killorglin. This material alteration is located a peripheral location, remote from the existing town centre of Killorglin and partly outside the CSO boundary. This material alteration would encourage a pattern of development that is inconsistent with the implementation of Objective KCDP 4-61 of the Kerry County Development Plan 2022-2028 to ensure sustainable development by directing new retail opportunities into town centres and consolidating, intensifying, and enhancing existing core retail areas, and RPO 151 of the RSES for the integration of land use and transportation and optimising sustainable travel integration within settlements.
3. The Local Area Plan as made includes a material alteration to the draft Local Area Plan, which zones additional C2.1 Industrial / Enterprise / Employment land in an unserviced, remote location, outside the CSO boundary and LAP settlement boundary for Killorglin, and on the N70 national road where the maximum speed limit applies, and where the lands are partially located within flood zone A and B. The material alteration would encourage a pattern of development in a location which does not meet the criteria for designating employment zonings under section 9.6.1 of the of the Kerry County Development Plan 2022-2028 (including NPO 72 of the National Planning Framework), and inconsistent with RPO 151 of the RSES for the integration of land use and transportation and optimising public transport and sustainable travel integration within settlements, Objective KCDP 9-22, Objective KCDP 14-29, and Objective KCDP 14-30 of the of the Kerry County Development Plan 2022-2028 to protect the capacity and safety of national roads in compliance with the Spatial Planning and National Roads Guidelines (2012) and does not apply section 2.5 of these guidelines, and RPO 116 of the RSES to avoid inappropriate development in areas at risk of flooding in accordance with The Planning System and Flood Risk Management Guidelines for Planning Authorities (2009), and does not apply these guidelines.
4. The Local Area Plan has not been made in a manner consistent with, and has failed to implement, the recommendations of the Office of the Planning Regulator under section 31AO of the Act.
5. In light of the matters set out at I to III above, the Minister is of the opinion that the Local Area Plan as made is inconsistent with the objectives of the Development Plan of the area, which is a requirement of section 19(2) of the Act.
6. The Local Area Plan as made is not consistent with the objectives of the RSES contrary to section 19(2) and section 27(1) of the Act.
7. The Minister is of the opinion that the Local Area Plan as made is not consistent with National Policy Objectives 33 and 57 of the National Planning Framework.
8.  The Minister is of the opinion that the Local Area Plan as made fails to set out an overall strategy for the proper planning and sustainable development of the area.
9. The Local Area Plan is not in compliance with the requirements of the Act.

A copy of the Draft Direction may be inspected for a period of 2 weeks from 6^th June 2024 to 20^th June 2024 (inclusive) online at https://consult.kerrycoco.ie/ and at the following locations:

• Cahersiveen, Kenmare & Killorglin Public Libraries
• Room 13, Planning Department, County Building, Rathass, Tralee

Written submissions or observations in respect of the Draft Direction may be made to the Planning Authority during the consultation period and are hereby invited from members of the public, children, or groups or associations representing the interests of children and other interested parties. All submissions or observations must be received no later than 20^th June 2024.

Late submissions will not be accepted.

Submissions/Observations can be made via the following options only:

• Online at https://consult.kerrycoco.ie/

or

• In writing to Damien Ginty, Senior Planner, Planning Policy Unit, Kerry County Council, Rathass, Tralee, Co. Kerry, V92 H7VT.

Submissions should be in ONE medium only i.e. online or hard copy.

All submission or observations made in respect of the Draft Direction, during this period, shall be taken into consideration by the Office of the Planning Regulator before it makes a recommendation to the Minister on the matter.

In respect of making a submission or observation please note the following:

• Submissions/observations should include your name and address, a map (if required for identification purposes) and, where relevant, details of any organisation, community group or company etc., which you represent
• Where possible, please include your name and address on a separate page to the content of your submission in order to assist Kerry County Council in complying with the provisions of the Data Protection Act. Your assistance on these issues is appreciated.
• Please note that by giving your contact details you are agreeing to the Council GDPR policy
• All valid submissions received shall be published on the Council website within 10 working days of their receipt and available to view at https://consult.kerrycoco.ie