Comhairle Chontae Chill Chainnigh
Kilkenny County Council
Planning Report
Planning & Development Act 2000-2015
Planning & Development Regulations, 2001 - 2015
Reg. Ref.
P.16/278
Due Date:
30/06/2016
Applicant:
James Stephens.
Address:
Larchfield, Kilkenny.
Development:
Proposed retention of installed low lux level flood lighting and
installation of additional low lux level flood-lighting on their pitch to
facilitate club training activities during the winter months
Proposed Development
The application is for the retention of four light masts and the erection of additional lights,
the location of which is not clear.
Zoning
The site is located in an area zoned ‘Recreation, Amenity and Open Space”
Referrals
Environment: No report at time of writing
Third Party Submissions
Phyllis and Heber McQuaid:
 Visually intrusive in nature and stray light lights up the back and side of the
complainants home
 Erection of lights grossly unfair in built up area.
Assessment
The proposal is for the retention of four light masts, two to the East and two to the West of
the pitch. The site notice refers to additional lights being proposed, although these are not
indicated on the site layout. The light spill analysis does seem to indicate additional lights to
the south of the pitch on either side, but this is not conclusive.
The lights to the West of the pitch are acceptable as they are well removed from the
neighbouring houses. The lights to the East of the pitch are however only 5m from the site
boundary wall and 7m from the nearest houses. These two light masts tower above the
neighbouring houses and notwithstanding their potential for light pollution, are visually
inappropriate.
The two masts on the Western side are acceptable in principle, however, due to the proximity
of the pitch to the houses on the eastern side, their potential for light spill across the pitch and
onto those houses is of concern. These masts cannot however function on their own.
Recommendation:
It was recommended that permission be refused for the reason below:
“Due to their excessive height and proximity to neighbouring houses, particularly to the East
of the site, the existing and proposed floodlights and associated masts are and will be visually
obtrusive and will, in combination with the associated light pollution, seriously injure the
amenities and value of houses in the vicinity. Accordingly the developments are and will be
contrary to the proper planning and development of the area.
Footnote:
The application is incomplete as it only shows the existing floodlight masts on the site layout
plan but does not show the proposed floodlight masts. These could only be located on the
light assessment submitted by Veelite. “
Further information:
The following further information was requested by the Senior Planner:
It is noted from the application documentation that additional low lux level flood lighting is
proposed in addition to the 4 no. Flood lighting poles to be retained.
The VeeLite drawing appears to show lighting positions and the exact locations of the
proposed light stands is unclear.
1.
You are requested to show on a site plan at a 1: 500 scale the locations of the
proposed additional floodlighting stands.
Response:
The proposed light stands have been indicated.
2.
You are also requested to superimpose the light spill diagram onto the site layout
plan.
Response:
The light spill has been superimposed on the site layout plan and the light spill of a
maximum of 2 lux have been identified at houses on Cypress and Pinewood Avenues.
3.
You are requested to show on a suitably scaled drawing the elevation of the existing
and proposed floodlighting stands. This should illustrate the lighting heads and their
angle of tilt.
Response:
Refers to drawing HSHC-2016-103, which is the light spill drawing.
4.
You are requested to show on a separate section drawing of the eastern side of the
pitch showing the existing light stand to be retained, the site boundary and a profile of
house no 15 Pinewood Avenue.
Response:
Submitted HSHC-2016-104 for Pinewood Avenue showing a light at 70 degrees on a
13.5m high stand.
5.
You are requested to supply a non technical explanation / interpretation of the
Luminaire Schedule and Luminaire location summary submitted on the VeeLite plan
or any revised plan. This should include inter alia for total number light heads and a
methodology which would allow the light spill to be referenced to a normal day
light activity or other suitable reference. This is required to allow an interpretation of
the light levels produced in the vicinity of the existing houses in the area.
The planning authority has concerns in relation to the impact of the proposed
development as currently formulated on the residential amenity of the adjoining
residential developments due to the height and proximity to adjoining houses
particularly to the east of the site. You are advised to consider revising the proposal
in the light of these concerns and in the context of the further information requested.
Response:
Residential estate lighting at approximately 10 Lux. The 2 Lux spill will be
significantly less. The lights will be switched off at 9.30 at will be used 3 times a
week from October to February.
Recommendation:
It is recommended that permission be granted subject to the following conditions,
____________________
Denis Malone
Senior Planner
I agree with the above recommendation
_____________________
Anne Maria Walsh
Senior Executive Officer
First Schedule
Reasons & Considerations for Decision on Planning Ref. P.16/278
Having regard to the current Kilkenny City and Environs Development Plan, to the referral
reports on the file, and to the use and design of the existing and proposed developments, it is
considered that the development, subject to compliance with conditions below, would not
seriously injure the amenities of the area and would therefore be in accordance with the
proper planning and sustainable development of the area.
Second Schedule
2 No. Conditions attached to Planning Ref. P.16/278
1.
The development shall be retained and completed in accordance with the plans and
particulars submitted on the 6th May 2016 as amended by plans and particulars
submitted 22nd July 2016, save as amended by the conditions attached hereto.
Reason: To ensure that the development strictly accords with the permission and to
ensure that effective control is maintained.
2.
The lights shall be directed away from the neighbouring houses so as to achieve the
minimum light spill to accord with the submitted light spill predictions.
Reason: in the interest residential amenity.
FOOTNOTES:
Section 34 (13) of the Planning & Development Acts 2000-2015, reads
“A person shall not be entitled solely by reason of a Permission under this Section to carry
out any development”.
Developers are obliged to comply with other legislation and to avoid infringement of third
party rights.
If there is no appeal against this decision, a Final Grant of Permission in accordance with the
Decision will be issued after the expiration of the period within which an appeal may be
made to An Bord Pleanala (See attached).
It should be noted that until a Final Grant of Permission has been issued, the
development in question is NOT AUTHORISED and works cannot be carried out.
The development will require the benefit of a Fire Safety Certificate prior to the
commencement of development.
Please note that the Site Notice shall be removed by the Applicant following the
notification of the Planning Authority decision under Article 31.