Dáil Éireann Debate, Thursday - 24 March 2022
199. Deputy Claire Kerrane asked the Minister for Housing, Local Government and Heritage if planning permission is disallowed on sites that are only accessible via a national secondary route; if his attention has been drawn to the implications of this for farming families with land along these routes in particular; if this is being examined as part of new national rural guidelines; and if he will make a statement on the matter. [15523/22]
Amharc ar fhreagraPlanning applications for rural one-off housing are required to adhere to Spatial Planning and National Roads guidelines published by the then Department of Environment Community and Local Government in 2012. The purpose of these guidelines is to address planning issues on national primary and secondary roads outside of the 50-60km speed limit zones.
Section 2.5 of the Spatial Planning and National Roads Guidelines (2012) outlines to planning authorities the policy approach to take regarding the creation of a new access onto national roads. The Guidelines require all development plans and any relevant local area plans to implement the policy approaches outlined below:
1. Lands adjoining National Roads to which speed limits greater than 60 kmh apply: The policy of the planning authority will be to avoid the creation of any additional access point from new development or the generation of increased traffic from existing accesses to national roads to which speed limits greater than 60 kmh apply. This provision applies to all categories of development, including individual houses in rural areas, regardless of the housing circumstances of the applicant.
2. Transitional Zones: Where the plan area incorporates sections of national roads on the approaches to or exit from urban centres that are subject to a speed limit of 60 kmh before a lower 50 kmh limit is encountered – otherwise known as transitional zones - the plan may provide for a limited level of direct access to facilitate orderly urban development. Any such proposal must, however, be subject to a road safety audit carried out in accordance with the NRA’s requirements and a proliferation of such entrances, which would lead to a diminution in the role of such zones, must be avoided.
3. Lands adjoining National Roads within 50 kmh speed limits: Access to national roads will be considered by planning authorities in accordance with normal road safety, traffic management and urban design criteria for built up areas.
Section 2.6 outlines ‘Exceptional Circumstances’ where planning authorities may identify stretches of national roads where a less restrictive approach may be applied, but only as part of the process of reviewing or varying the relevant development plan and having consulted and taken on board the advice of the NRA and having followed the approach outlined below:
1. Developments of National and Regional Strategic Importance - This would not apply to one-off housing
2. Lightly-trafficked Sections of National Secondary Routes - Such areas would be confined to lightly trafficked national secondary roads serving structurally weak and remote communities where a balance needs to be struck between the important transport functions of such roads and supporting the social and economic development of these areas. In such areas, policies in development plans permitting new accesses to national secondary roads may be considered acceptable where the following criteria apply:
(I). Traffic volumes are low and are forecast to remain below 3,000 AADT (as verified by the NRA) for the next 20 years;
(II). There is no suitable alternative non-national public road access available;
(III). The development otherwise accords with the development plan, and
(IV). Safety issues and considerations can be adequately addressed in accordance with the NRA’s Design Manual for Roads and Bridges.
In relation to the granting of permissions by local authorities, in making a decision in respect of an application for planning permission, planning authorities (and An Bord Pleanála in relation to planning appeals) are required to consider such applications in the context of the relevant Development Plan, or Local Area Plan where one exists for the area, as well as any relevant Ministerial Guidelines including the Spatial Planning and National Roads Guidelines. In addition, the guidelines state that Transport Infrastructure Ireland (formerly National Roads Authority) must be a statutory consultee on all planning applications involving new access onto national roads.
