9 Infrastructure and Environment
9.1 Introduction
It is the aim of the Council, through the efficient management of a wide range of engineering services and infrastructure to provide for the sustainable social and economic development of the county. These services include the following:
• Transport,
• Energy,
• Telecommunications,
• Environment,
• Water Services, and
• Fire Services.
The primary objective of these services is to provide a safe environment and a range of services which are essential for the health and safety of the population of the county. In providing these services the Council will comply with the relevant national and E.U. legislative requirements.
9.2 Climate Change
The Council has had regard to the National Climate Change Strategy (2007-2012) in framing its policies and objectives in this development plan and will seek to play its part towards the achievement of the national targets set out in therein. Two principles as espoused in the NSS have been applied to reduce transport-related energy consumption;
• The formulation of a settlement strategy which is intended to guide urban and rural settlement patterns and communities to reduce distance from employment, services and leisure facilities and to make use of existing and future investments in public services; including public transport.
• Maximising access to, and encouraging use of, public transport, cycling and walking.
In addition, Council support of renewable technologies and encouragement of more sustainable energy-efficient building methods will further reduce our dependence on non-renewable energy sources. All new developments must allow for Climate Change as set out in the GDSDS Technical Documents, Volume 5, Climate Change and must take proper account of its potential effects on the existing flood regime where necessary.
ACTION:
• To prepare a County Climate Change Action Plan over the course of this Development Plan.
The Council will investigate the preparation of a County Climate Change Action Plan over the course of this Development Plan.
9.3 Transport
Transport plays a central role in the economy. The development of an efficient strategic transport system in line with national policy is essential to the future economic, social and physical development of the county. Transport policy and planning, and land use policy are fundamentally linked.
9.3.1 Transport 21
Transport 21, published in 2005, is the Government’s capital investment framework through which the transport system in Ireland will be developed over the period 2006 to 2015. Transport 21 takes account of the major economic, social and demographic changes in Ireland over the past decade, the impact of these changes on transport demand, the strategic policies developed for areas relating to and impacting on transport, the National
Spatial Strategy (NSS) and the need to provide a modern transport network for the future.
A core aspect of the approach is the enhancement of connectivity at national, regional and local levels. The availability of an efficient, predictable and sustainable national transport network is a key factor underpinning economic growth and competitiveness and in improving quality of life.
Kilkenny County Council recognises the importance of walking and that an essential element of any integrated transport system is to provide for the needs of cyclists and pedestrians. The increased provision of cycle lanes and safer facilities for pedestrian is identified as a key action in the Government’s Sustainable Development – A Strategy for Ireland and has been enshrined in the European Charter of Pedestrian Rights.
POLICY
• IE1 Develop an integrated sustainable system of transport for the county involving road, rail, bus, cycling and walking.
• IE2 To facilitate the development of alternative transport initiatives particularly in rural areas in order to reduce isolation and promote social inclusion.
• IE3 Co-operate with the National Roads Authority in the development of an integrated road network for the County.
• IE4 To improve facilities for pedestrians and access facilities for people with special mobility needs in line with the aims of the European Charter of Pedestrian Rights.
9.4 Road Network
9.4.1 National Road Network
The National road network through the county caters for the efficient and safe movement of long distance traffic through the country. The network also provides strategic links for the towns within the county and within the South-East region as a whole. In order to protect the investment in these roads and to maintain their primary function in an era of rapid growth in car ownership, it will be necessary to restrict access and junctions to the network to a minimum.
The Councils recognise the strategic importance of the motorway network within the county, in particular at locations where the motorway network, the national road network and rail network converge. The Council will seek to harness the advantages of such locations.
In formulating policy in relation to the County’s road network, regard has been had to the National Roads Authority policy statement “Development Management and Access to National Roads”.
The N29 National route was developed to service the Belview Port area and considerable Exchequer investment has taken place there in the provision of road, water, and wastewater infrastructure. The Port and its development is one of the key economic drivers for the County and the Region. In order to facilitate development of identified lands around the port for industrial and port related services it will be necessary to allow appropriately planned access to the N29. It is the intention of the Planning Authority to develop and agree a policy for the N29 in conjunction with the NRA.
Action: To develop and agree an appropriately planned policy response to access from the N29 Port road to industrial zoned lands in the Belview area in conjunction with the National Roads Authority.
POLICY
• IE5 To safeguard the capacity of the National Road network within the county by the restriction of access points to the network and the significant intensification of existing access points.
• IE6 To preserve free from development proposed road realignment/improvement lines and associated corridors where such development would prejudice the implementation of National Roads Authority or County Council plans.
• IE7 To continue to implement the Government’s strategy for road safety.
• IE8 To maintain, develop and improve existing roads and to construct new roads as needs arise and resources permit.
• IE9 To assist and facilitate the development of the National road network in accordance with Transport 21 and with the policy of the National Roads Authority as it applies to the provision of national routes from Dublin to Cork (N/M8) and Dublin to Waterford (N9 & N10) and their ancillary roads and services.
• IE10 To co-operate with the National Roads Authority to identify the need for service areas and/or rest areas for motorists along the route of the N8/N9 dual carriageway and to assist in the implementation of suitable proposals for provision of service and/or rest areas.
9.4.2 Development Assessment Criteria
New development requiring direct access to the National Primary and National Secondary Roads outside the 50 kph speed limits within the County shall be restricted to the following categories:
1. A dwelling for a full-time farmer on a National Route
2. An existing inhabited dwelling in need of replacement
3. A second family dwelling on a farm where this is required for management of the farm
4. A further dwelling on a Council plot for a family member, provided access is taken from an agreed suitable access point
5. Industrial development where it is locationally tied to a fixed natural resource
Permission may be granted in the above instances subject to the following stipulations:
a) That an alternative site with access onto a minor road is not available.
b) That the proposed development would not constitute a traffic hazard.
c) That the development would not:
i. create a public health nuisance, or
ii. detract from the visual amenities and character of the area
d) Access to the development shall comply with the standards and requirements set down by the National Roads Authority Design Manual for Roads and Bridges (NRA- DMRB) as published by the NRA Dublin.
In all cases the onus will be put on the developer to provide evidence that an exception is justified.
9.4.3 Regional Routes
Regional roads provide important strategic linkages within the county and to the National road network and other counties. They serve rural areas and help to advance rural development and diversification, indigenous industry, local enterprise agriculture agribusiness and tourism.
In order to protect the investment in these roads and to maintain their strategic function it will be necessary to exercise control over new development requiring access to these roads by restricting new access points to a minimum in the interests of safety. Planned investment will enhance the role and capacity of these routes.
POLICY
• IE11 Exercise control over new developments requiring direct access to regional roads by restricting new access points to a minimum to preserve their strategic function and in the interests of traffic safety.
9.4.4 Local Roads
In its programme of spending over the plan period, the County Council will prioritise its spending on local roads which are deficient according to the strategic benefits and improved traffic and pedestrian safety which will result. The Council will have regard to the transportation needs of development generally, particularly that associated with agribusiness, tourism and the need to promote rural development and diversification in the prioritising of its spending.
9.4.5 Road Improvement Projects
Transport 21 identified significant levels of investment to be made in the national road network in County Kilkenny and includes the development by 2010 and 2015 of the following routes in their entirety to motorway/high quality dual carriageway standard;
- Cork to Dublin (N/M8) Completion date 2010
- Waterford to Dublin (N9) Completion date 2010
- Waterford City Bypass (N25) Completion date 2010
- Rosslare to Waterford (N25) Completion date 2015
Further major improvements on other national primary routes outlined in Transport 21 within the county include the N24 and N25 routes, which are an integral part of the western corridor from Sligo through Limerick to Rosslare.
The Regional Planning Guidelines identified other National and Regional Roads which provide critical intra-regional and inter-regional linkages. Improvements to this road network will enhance connectivity between the Hubs, County Towns and neighbouring regions. The priorities as identified by the RPGs in Kilkenny are:
• N76 Kilkenny to Clonmel
• N77 Kilkenny to Durrow
• R700 Kilkenny to New Ross
Specifically, it is an objective to complete the following major road improvement projects over the plan period:
National Primary Routes
a) To complete the N8/M8 route (Cullahill to Cashel) to Motorway or Dual carriageway standard.
b) To complete the N9 (Waterford to Dublin) to motorway /dual carriageway standard.
c) To complete the Waterford bypass and second river crossing along the N25 to dual carriageway standard.
d) The upgrading of the N25 route between Waterford and New Ross with a bypass for New Ross.
e) The completion of the upgrading of the N24 Waterford to Carrick-on-Suir route including a bypass for Mooncoin.
f) Continue with the pavement improvements on the existing N9, N10, N24 and N25 routes.
g) Improvement of the existing N10 Ring road, from the Carlow Road Roundabout to the Waterford Road Roundabout.
h) Improvement of the existing N10 from the Carlow Road Roundabout to the Leggetsrath Roundabout.
i) To improve, in accordance with best design standards and in accordance with proper planning, the connectivity between the existing N10 National Primary Route and the proposed N9 link. The location of connection to be decided following full spatial planning, technical and economic evaluation and in consultation with the National Roads Authority.
National Secondary Routes
a) The completion of the outer ring road to Kilkenny City from the N10 Carlow road to the N77 Castlecomer Road
b) The realignment of the N76 Callan to Kilkenny road
c) The realignment of the N77 from the Castlecomer roundabout to the county boundary with Laois
d) To identify and protect a route corridor for the northward extension of the Waterford outer ring via a third river crossing to the N25.
Regional Roads
a) Completion of the relief road for Graiguenamanagh.(R705)
b) Continue the pavement improvement programme for the Regional Road Network
c) To seek an upgrade of the R700 between New Ross and Kilkenny to National Secondary status and to provide a relief road for Thomastown.
d) Improvement of the Kells Road, (R697) from Upper Patrick Street to the N76 Ring Road.
e) To improve substandard sections of regional roads throughout the County, in particular those most heavily trafficked, and those providing access to existing or proposed industrial, residential or commercial developments.
f) To seek an upgrade of the Kilkenny to Urlingford road (R693) to National Secondary status and to improve the road realignment in its entirety.
Local Roads
a) To continue with the restoration and improvement of the local road network within the county under the Multi-Annual Roadworks Programme.
b) To improve substandard sections of local roads throughout the county, in particular those most heavily trafficked, and those providing access to existing or proposed industrial, residential or commercial developments.
9.4.6 Traffic Assessments
All significant development proposals will be required to have transport and traffic assessments and a Road Safety Audit carried out in accordance with the publication “Traffic Management Guidelines” published by the DoEHLG/DoT/DTO.
9.5 Public Transport
Government policy as stated in the National Development Plan is to promote a switch from car usage to public transport. This is necessary to promote efficiency, quality of life, competitiveness and environmental sustainability.
Developments which have a large potential impact on trip generation may be required to draw up and implement Mobility Management Plans. Mobility management plans are deemed to be a suitable mechanism by which development can manage the mobility needs of their users and achieve balanced modal split for the trips to/from them.
In line with DTO advice notes the Council considers mobility management to be a suitable mechanism by which new developments can support the objectives of sustainable development and the achievement of reduced car dependency.
Development for which mobility management could be applied includes the following:
• Office
• Office based industry
• Other industry
• Retail (large one-off stores and major town/district centre developments)
• Retail warehousing
• Warehousing and distribution
• Places of education
A mobility management plan may take the form of a formally published document, which outlines its measures and targets. Alternatively it may simply evolve over time as different initiatives are piloted.
POLICY
• IE12 Support the development of a comprehensive and integrated public transport network in the South-East Region in consultation with the relevant service providers and the Regional Authority.
• IE13 Encourage the use of public transport accessible by all, in preference to the private car, both on grounds of sustainability, and on grounds of proper planning and development.
• IE14 To facilitate parking provision for tourist buses in towns and villages and at tourist attractions.
9.5.1 Rail
The county is crossed by four railway lines with a spur from Kilkenny City to connect to the Dublin-Waterford line at Lavistown. Belview Port is served by rail which facilitates the movement of freight.
Passenger Rail
The Regional Planning Guidelines (2004) identified a need for the upgrading and redesigning of services between Waterford, Kilkenny, Carlow and Dublin to include additional services throughout the day coupled with early morning and late evening trains so as to facilitate business users.
Major investment has taken place with the completion of network resignalling on the Dublin to Waterford intercity line. This improved journey times and safety across the network. Further investment will come on stream with the provision of new rolling stock and this will allow improved service frequencies on a phased basis on all intercity routes. Delivery of these units began in March 2007 and will continue until mid-2008.
Under this investment programme by Iarnroid Eireann it is envisaged that there will be enhanced rail services on the Dublin to Waterford intercity route, with two hourly services during the day. This will allow for improved passenger facilities, in particular commuter and tourist services, which will help to facilitate economic growth and assist in the sustainable development strategy for the county as a whole.
Rail Freight
There is major potential for more innovative and additional carriage of freight via the rail network and the Regional Planning Guidelines identified a need for the development of rail cargo depots at Belview and Maddockstown. There are enormous environmental benefits in carrying freight using rail and properly run freight services offer huge potential to industry in the region, particularly within the Belview industrial zone and the Ports. The use of the rail network for freight services will be promoted.
POLICY
• IE15 Seek to implement the South-East Regional Passenger Transport Strategy 2002-2012.
• IE16 Seek the improvement of services to and from Kilkenny City in particular the provision of commuter services between major urban centres and towns within the county, the region and to and from Dublin City for the benefit of the commercial and tourism sectors.
• IE17 To protect and reserve free from development the line of the Waterford – New Ross railway.
• IE18 To promote and encourage the intensified use and further development of the Rosslare to Limerick rail link for freight and passenger traffic in the interests of promoting sustainable commuting patterns and assisting in the development of the Atlantic Gateways Initiative.
• IE19 To assist and promote the development of rail cargo depots and rail connections at Belview and Maddockstown in co-operation with the relevant stakeholders and encourage a move to rail freight.
9.5.2 Bus & Taxis
In areas of low to medium population, bus-based public transport can offer the most flexible means of providing services both for urban and inter-urban travel and can be introduced within a short time frame and at relatively low cost. Bus Eireann and a number of private operators operate services in County Kilkenny.
Ring a Link Rural Transport Initiative
In 2002 a community transport company, known as Ring a Link, began operations in the three county area of Carlow, Kilkenny and South Tipperary, offering innovative flexible transport services using a 'demand respond transport' (DRT) system. DRT is based on the concept that instead of running a fixed route system, the transport operator will offer flexible routes and services suitable to the area and the prospective customers. Funded by central Government and administered locally, what was originally a pilot project has been put on a permanent footing since 2006. Ring a link is supported by the Rural Transport Initiative of the National Development Plan.
Small public service vehicles (taxis, hackneys, and limousines) are also an important part of the transport infrastructure.
As part of the Waterford Planning, Land Use and Transportation Study Kilkenny County Council will co-operate in the development of a high-quality bus-based public transport system in the Waterford City & Environs supported by Park and Ride facilities located north and south of the River.
POLICY
• IE20 Co-operate with the various public and private agencies responsible for transport services within the County in the provision of new services and supporting infrastructure.
• IE21 Support and cooperate in the development of a high-quality bus-based public transport system in the Waterford City & Environs
• IE22 Support transport initiatives in rural areas which will help to improve communications and reduce isolation.
• IE23 To facilitate the provision of bus shelters as appropriate.
9.6 Ports & Rivers
The National Development Plan recognises that Ireland’s commercial seaports are vital transport arteries, carrying 99% by volume of the island’s external trade. The ports of Waterford/Belview and New Ross service the county and the South East region. New Ross Port is Ireland’s only inland port, some 32 kms. from the sea on the River Barrow. The port specialises in handling dry and liquid bulk.
9.6.1 Belview
Waterford/Belview has two freight terminals at Belview and at Great Island electricity generating station. The original inner city port is no longer in use as a freight terminal, and Kilkenny County Council supports the redevelopment of the docklands on the northern bank of the River Suir as an extension of Waterford City Centre.
Belview port was developed in 1992 and its subsequent growth has been one of the most significant economic developments in the county in recent times. An Area Action Plan for Belview was completed in 2002, which aimed to provide for portal and industrial development within a planning framework which safeguarded local environmental resources. This Action Area Plan will be updated as part of a separate Local Area Plan.
Belview is served by two railway lines; the Waterford to Rosslare line and the Waterford to New Ross line. Belview has direct access, via the N29 road, to and from National Primary Route N25 (Euroroute E30). The development of a rail cargo depot at Belview with freight and container handling equipment would facilitate the continued improvement of this important regional asset.
Belview has been identified in the Regional Planning Guidelines as containing much potential for the development of an industrial park of regional and national importance due to:
• Proximity to the centre of critical mass at the Regional Gateway – Waterford City
• Proximity to Waterford Institute of Technology and the potential future development of a University of the South-East in Waterford City
• Developing access, telecommunications and energy supply infrastructure
• Proximity to Belview Port and direct access to railway line
• Strong existing industrial base
• Availability of suitable land banks.
POLICY
• IE24 Facilitate and promote portal development and associated industrial and distribution activities by means of reservation or purchase of land and by the upgrading of access routes.
• IE25 Seek the upgrading of intra-regional and national routes giving access to Belview Port.
• IE26 Seek the upgrading of those elements of the national rail network which serve Belview and to develop a rail cargo depot with freight and container handling equipment.
• IE27 Continue to develop a flagship industrial park of regional and national importance at Belview, in association with the IDA, Waterford Port Authority and other development agencies as appropriate.
ACTION
• To prepare a Local Area Plan for the Waterford Environs incorporating the area identified in the Area Action Plan (2002) as Belview Port.
• To deliver water supply to the Belview area.
• To extend the gas pipeline to Belview.
• To extend and improve telecommunications services, particularly broadband, at Belview.
9.7 Airports
The Council recognises the importance of air travel in improving the attractiveness of the county for industrial, commercial and tourism development. The South-East Regional Airport is located close to Tramore Bay, about six miles by road from Waterford City centre. Aer Arann operates commercial service to the UK and France. The Irish Coast Guard operates an air/sea rescue service from the airport. The Council recognises that Waterford Airport is a valuable asset to the South East region and must be developed to ensure that the South East Region has a viable regional airport. This is important if enhanced regional accessibility to air services is to be provided. To develop the Regional Airport into a strategic asset, the following key components are required:
• The extension of the existing runway to accommodate larger aircraft,
• Improved transport linkages and services between the airport, and the entire South-East Region, i.e. roads and public transport,
• Additional operators offering services from this location.
There is an aerodrome located three miles to the west of Kilkenny City. It is a privately owned public use airfield. Principally it has a leisure use but it does have potential for expansion.
POLICY
• IE28 Support the continued development of airport facilities and services at the South East Regional Airport to the benefit of industrial commercial and tourism development.
• IE29 Support the continued development of airport facilities at Kilkenny aerodrome.
• IE30 Facilitate the future development of Kilkenny aerodrome by reserving air corridors as necessary.
9.8 Energy and Telecommunication Facilities
The availability of energy is of critical importance to facilitate new development. The National Development Plan 2007-2013 sets out policies for the provision of electricity from both renewable and non-renewable sources.
9.8.1 The National Grid
In support of sustainable development and efficient energy utilisation, Kilkenny County Council supports the infrastructural renewal and development of electricity networks in the region, including the overhead lines to provide the required networks, subject to amenity and health considerations.
9.8.2 Gas
Industry needs efficient, reliable, cost effective and environmentally friendly energy. The extension of the natural gas pipelines to the centres of industry and commerce will be an extra boost to the economic growth of the region.
Subject to appropriate commercial and technical evaluation, Kilkenny County Council will support an extension of the gas network to Belview and will support its extension to other significant population centres in the county.
ACTION
• To secure an extension of the gas network to Belview.
9.8.3 Renewable Energy
The development of renewable energy sources is a priority at national and European level for both environmental and energy policy reasons. The Council strongly supports national and international incentives for limiting emissions of greenhouse gases and encouraging the development of renewable energy resources. The planning and land use policies in the development plan are intended to promote efficiency in the use of energy, transport and natural resources.
9.8.3.1 Kilkenny Sustainable Energy Forum
The Kilkenny Sustainable Energy Forum was set up in early 2007, as the result of an action identified under the County Development Board Strategy 2002-2012. This Forum is composed of various statutory bodies, non-governmental organisations and industry and construction representatives, amongst others. The Forum aims to promote the use of sustainable energy in Kilkenny, by supporting sustainable energy initiatives, providing best practice examples and through advocacy.
9.8.3.2 Carlow-Kilkenny Energy Agency
The Carlow Kilkenny Energy Agency was established to provide sustainable energy information, support and services to the people of Carlow and Kilkenny, to local businesses and community groups and to the Local Authorities. The objectives of the Agency are achieved through five focus areas:
1. Energy awareness and dissemination campaigns
2. Energy Management for the Councils
3. Energy efficiency and renewable energy projects
4. Sustainable energy training
5. Energy Policy Development
POLICY
• IE31 Work with all relevant agencies to support the development of alternative forms of energy where such developments are in accordance with the proper planning and land use evaluation of the area.
• IE32 Encourage high standards of energy efficiency in all building developments and encouraging developers, owners and tenants to improve the environmental performance of the building stock, including the deployment of renewable energy.
9.8.3.3 Wind Energy
Kilkenny County Council recognises the need to support the development of renewable energy resources. A Wind Energy Study was carried out by CAAS (Environmental Services) Ltd for Kilkenny County Council in 2003. As part of this Development Plan this Study was reviewed and updated as a Wind Energy Development Strategy. This Strategy advances the information and recommendations of the Wind Energy Study whilst also taking into account the Wind Energy Atlas of Ireland (2003) and the Wind Energy Development Guidelines published by the DoEHLG in June, 2006.
This Strategy will manage the predicted expansion of wind energy development in a ‘plan-led’ manner, while ensuring that Kilkenny contributes to national targets for renewable energy. The complete Wind Energy Development Strategy is contained in Appendix D.
As part of this Strategy, a Wind Energy Development Strategy Map was produced (See Figure 9.1), with the methodology based on the step-by-step guidance provided in the Wind Energy Development Guidelines. The Wind Energy Development Strategy Map divides the county into 3 separate categories which include areas ‘Acceptable in Principle’, ‘Open for Consideration’ and ‘Not Normally Permissible’. An assessment of wind energy applications in each of these areas will be guided by the following policies.
POLICY
(i) Allow development in all areas highlighted as being ‘Acceptable in Principle’. All permissions shall have a 20-year life and it is anticipated that all windfarm sites within this Strategy Area will be intensified in the future by;-
- Taller turbines with larger swept areas.
- Higher densities (closer spacing of turbines).
- More advanced technology with higher efficiencies of energy capture.
(ii) The boundaries of the current Strategy Areas will be reviewed once substantial wind energy development has occurred within them – with a view to extending the designated ‘Acceptable in Principle’ areas having regard to:
- The alteration to the landscape character of the area due to the proximity of established windfarm projects.
- The requirements for alternative energy at that time.
- The configuration and availability of grid connections.
In addition, guidance is also provided on different scales of wind energy development. The Council’s policy on such development is as follows:
(iii) Large-Scale Wind Energy Developments
The clustering of large-scale wind energy developments will in usual circumstances only be considered in the areas identified on the Wind Energy Map as being ‘Acceptable in Principle’. The rationale behind this policy is to minimise the visual impacts of such large scale developments, in addition to effects on the environment of County Kilkenny as a whole, as well as to facilitate appropriate grid connections.
(iv) Small-Scale Wind Energy Developments
The Council recognises that there is growing interest in developing small-scale community based wind energy projects in rural areas, particularly as a means to diversify the rural economy and thereby allowing the local community to benefit directly from the local wind energy resource. In the policy areas identified as being ‘Acceptable in Principle’ and areas ‘Open for Consideration’ in the Wind Energy Strategy Map, the following proposals will be considered on a case-by-case basis:
- comprising no more than 5 turbines,
- where the total output is not greater than 5 megawatts,
- where the wind turbine heights do not exceed 30m above ground level measuring to the upper most tip of a vertically extended blade, and
- where the availability of access to the electricity grid is suitably demonstrated.
Any such proposals must also satisfy the necessary technical considerations including visual and noise impacts.
(v) Individual Wind Turbines
It is recognised that landowners in rural areas may wish to harness wind energy for private use. This is considered a reasonable use of renewable natural resources that also provides opportunities to augment farm incomes.
Planning applications for individual wind turbines shall be considered on their merits subject to the general provisions of the Development Plan and to the specific guidance on individual wind turbines below:-
- Turbines shall be limited to 1 per holding
- A visual impact assessment will be required to be submitted in order to assess the impact of individual turbines.
- An ecological impact assessment study will be required to be submitted for individual turbines proposed within or adjacent to SACs and/ or NHAs, and will be referred to the Department of the Environment, Heritage and Local Government for comments.
- Turbines shall generally be coloured mid to dark grey and shall not contrast with surrounding colours.
vi) Autoproducer
Another category is termed the “Autoproducer” which is where an industry/large energy user uses a wind turbine to feed its own energy consumption.
These will be considered on their merits but will generally only be acceptable where:
• the turbine proposed is for a significant energy user,
• the location of the turbine is within the curtilage of the facility or immediately adjacent.
• The site already contains significant industrial scale buildings and structures.
All wind farm applications shall be referred to RTENL (RTE Transmissions Network Limited).
Wind farm development will not be allowed within 2km of any registered thoroughbred stud farm facility.
9.8.3.4 Hydro Energy
In responding to planning applications for hydro-electric generation schemes, Kilkenny County Council will expect best practice in the preparation of applications to ensure that the proposed hydro development does not present a negative impact on amenity or on the indigenous fish population, including seasonal migration. The Guidelines on the Construction & Operation of Small-Scale Hydro-Electric Schemes and Fisheries prepared by the Central & Regional Fisheries Board & the Department of Communications, Marine & Natural Resources recommends guidelines from a fisheries perspective which should be followed for proposed small-scale hydro-electric schemes.
All proposed developments will be assessed having regard to current capacities in the national grid to accommodate such inputs. Kilkenny County Council will consult with all relevant service providers in this regard at a very early stage in the assessment of such proposals. Appropriate proposals for the reinstatement of mills and associated power generation will be welcomed by the County Council subject to amenity considerations.
9.8.3.5 Bioenergy
Bioenergy is energy derived from biomass. Biomass is all organic material and can be either the direct product of photosynthesis, (for example plant matter such as leaves or stems, etc.) or the indirect product of photosynthesis (for example animal mass resulting from the consumption of plant material). Types of biomass that are used to provide bioenergy include; residues from forestry and related industries, recycled wood, agricultural residues, agri-food effluents, manures, the organic fraction of municipal solid waste, separated household waste and sewage sludge, and purpose grown energy crops (e.g. short rotation forestry & miscanthus grass). Biomass can be converted into useful heat and/or electricity through a number of processes such as combustion, gasification and anaerobic digestion. Liquid biofuels can also be derived from biomass crops such as oilseed rape, beet and wheat, as well as recovered vegetable oils and tallow.
There is huge potential for the development of biomass in Ireland. Although this industry is currently modest in scale, Ireland’s growth rate, technological advances, and the deregulation of the electricity industry together with stricter controls on waste management will result in an increase in applications for biomass installations.
The South-East Regional Authority is currently developing a Regional Bio-Energy Implementation Plan. The aim of this project is to establish a structured regional framework to allow the region to play its part in national compliance with EU policy and to maximise the resource potential. The overall objective of the project is to raise awareness and to increase the production and consumption of bio-energy in the Region.
POLICY
• IE31 Facilitate the development of projects that convert biomass to energy.
• IE32 Locate biomass installations in areas that do not affect residential or visual amenity and which are served by public roads with sufficient capacity to absorb increased traffic flows.
9.8.3.6 Energy Recovery from Waste
As our need for energy increases, the recovery of energy trapped in waste materials can benefit the environment by replacing energy from non-renewable sources. Even after extensive recycling, the residual waste stream still has a high combustible content available for energy recovery. The Waste Management Plan for the South East Region 2006-2011 sets out the policies in relation to energy from waste, and a key policy of that Plan is that an integrated waste facility incorporating thermal treatment and energy recovery will be developed in the region.
POLICY
• IE33 Seek to respond positively to applications for waste to energy projects in the context of a sustainable energy policy and the Joint Waste Management Plan.
• IE34 Examine the feasibility of recovering energy from the landfill gas at Dunmore Landfill.
9.8.4 Sustainability and Energy Efficiency in Buildings
The recently published Government White Paper entitled Delivering a Sustainable Energy Future for Ireland 2007-2020 and the National Climate Change Strategy 2007-2012 commit the Government to reviewing the Building Regulations with the aim of reducing energy demand by 40% relative to current standards. In addition, the Government is committed to providing 15% of electricity consumed from renewable sources by 2010 and 33% by 2020. The Council is committed to these targets.
The Government is reviewing the Building Regulations (Technical Guidance Document L - Conservation of fuel and energy) which is due to be completed in 2008.
Dwelling Energy Assessment Procedure (DEAP) is the official Irish procedure for calculating and assessing the energy performance of dwellings. Published by Sustainable Energy Ireland (SEI), the procedure takes account of the energy required, for space heating, ventilation, water heating and lighting, less savings from energy generation technologies. It calculates both the CO2 emission rate and energy consumption per annum. This is a useful tool for designers when considering and comparing options to conserve energy and reduce CO2 emission. The right design decisions in relation to building form, dwelling layout, levels of insulation, amount and orientation of glazing, utilisation of solar energy, heating system and fuel type, use of draught lobbies, construction materials and measures to conserve potable water, can contribute greatly to sustainability. In addition these will lead to cost savings, in the long term, while raising the level of comfort for the occupants of the dwelling.
DEAP is also used to calculate the Building Energy Rating (BER) of a dwelling. The BER is a label containing the energy performance of the dwelling, expressed as primary energy use per unit floor area per year (kWh/m2/per annum) and illustrated as an Energy Rating (A1, A2, A3, B1, B2, B3, etc) for the dwelling, it also includes a Carbon Dioxide (CO2) Emissions Indicator (kgCO2/m2/yr) associated with this energy use and an advisory report.
Guidance and assistance on these and other matters pertaining to the sustainable use of energy is available from Sustainable Energy Ireland (SEI) and the Carlow Kilkenny Energy Agency.
The Department Guidelines on Quality Housing for Sustainable Communities (2007) set out how sustainable energy considerations should be incorporated into all stages of the design process, and these are outlined in Chapter 10.
The design of any building should consider the following:
• Site layout and associated bio-climatic/passive solar design measures
• Enhanced levels of insulation in walls, floors, glazing and doors
• Reduced uncontrolled air infiltration losses
• Use of healthy and controllable ventilation systems
• Heat recovery systems
• Use of daylight
• Water conservation measures
• More sustainable building materials
• Improved heat generation appliance efficiency, e.g. condensing boilers
• Intelligent heating system configuration and time/temperature/zone/function controls
• Efficient provision of domestic hot water
• Fuel switching to low or zero CO2 emitting fuels
• Energy efficient lighting systems
• Incorporation of renewable energy systems e.g. active solar, heat pumps, biomass
• Provision of appropriate group or district heating systems.
In the case of non-domestic buildings additional options include:
• Heating, ventilation and air conditioning systems
• Electrical energy use including motive power
• Efficient lighting systems and controls
• Building Energy Management Systems
• Occupancy Controls
• Monitoring and Targeting Systems
• Combined Heat and Power (CHP).
During the course of this Plan the Council will develop a Sustainability Checklist in conjunction with the Carlow-Kilkenny Energy Agency, which will be utilised in the assessment of any new developments.
POLICY
IE35 To devise a Sustainability Checklist in conjunction with the Carlow-Kilkenny Energy Agency.
9.8.4.1 Alternative Energy Systems
For large buildings over 1,000m2, the Energy Performance of Buildings Regulations (S.I. No. 666) 2006 require that due consideration has been given to the technical, environmental and economic feasibility of installing alternative energy systems in the proposed building, and that the use of such systems has been taken into account, as far as practicable, in the design of that building. This shall also apply to all housing schemes of ten or more units.
The preferred methodology for assessing the feasibility of such alternative energy systems shall be the Sustainable Energy Ireland software tool or other acceptable methodology as defined in S.I. No. 666 of 2006.
POLICY
• IE36 Encourage ‘A’ energy ratings for all new dwellings and non residential buildings, in conjunction with the Carlow – Kilkenny Energy Agency and Sustainable Energy Ireland.
• IE37 Require that as part of any planning application, a statement of intent with calculations be submitted showing how the proposal will comply with Part L of the Building Regulations in relation to the energy performance coefficient and carbon performance coefficient.
• IE38 Require that planning applications demonstrate that due consideration has been given to the technical, environmental and economic feasibility of installing alternative energy systems in a proposed large building, as defined in S.I. No. 666 of 2006, and that the use of such systems has been taken into account, as far as practicable, in the design of that building.
• IE39 To require that planning applications demonstrate that due consideration has been given to the Technical Guidance Documents of the Building Regulations.
9.8.5 Telecommunications
Telecommunications has been a key driver of growth in the Irish economy over the last decade. The availability of advanced broadband technologies in particular is seen as a critical factor for Ireland to develop as an eBusiness hub, but more importantly for the promotion of regional development.
A progress report, published in 2004, on the Government Action Plan on the Information Society ‘New Connections’ reiterated that widespread availability of open-access, affordable, always-on broadband infrastructure for businesses and citizens remains the most important aspect of government policy on broadband. The implementation of broadband is under the auspices of the Department of Communications, Marine and Natural Resources. The NDP will facilitate continued growth in the telecommunications sector. It is anticipated that significant drivers of change will include advances in existing technologies, the development and deployment of new technologies, the changing role of market players and changes in consumer expectations. These changes will increase the availability of broadband and will make it an even more essential and powerful tool than it is today, for both business and residential consumers.
9.8.5.1 SERPANT: South-East Broadband Project
The South-East Regional Authority, in partnership with its constituent local authorities, is managing the roll-out of the Department of Communications, Marine and Natural Resources’ regional broadband programme in the South-East, known as SERPANT. This programme provides high speed, open access broadband networks in major towns and cities, known as Metropolitan Area Networks (MANs). The MANs are publicly owned, while allowing all telecommunication operators open access to the networks. Kilkenny city and Waterford were included in the Phase 1 MANs, and the networks were completed in 2005. Thomastown was included in the Phase 2 MANs and work is ongoing.
9.8.5.2 County and Group Broadband Scheme
The objective of the County and Group Broadband Scheme (CGBS) is to promote the rollout of broadband access through the establishment of sustainable broadband services in towns, villages, rural hinterlands and underserved areas of larger towns on the basis of local/regional authority coordination and community driven initiatives. Government funding of up to 55% of infrastructure costs is available to support service providers or communities in bringing broadband to these areas. Castlecomer was approved under the 1st call of the Group Broadband Scheme and Ballyragget, Urlingford, Gatabaun, Johnstown, and Callan were approved under the 2nd Call.
POLICY
• IE39 Work with the South-East Regional Authority and all other relevant agencies to ensure the swift and efficient roll-out of broadband telecommunications infrastructure to smaller towns and rural areas in the region.
• IE40 Support and facilitate the provision of advanced communication networks and services to the extent required to contribute to national, regional and local competitiveness and attract inward investment.
• IE41 Encourage the further co-ordinated and focused development and extension of telecommunications infrastructure including broadband connectivity in the county as a means of improving economic competitiveness and enabling more flexible work practices e.g. teleworking.
• IE42 Ensure the provision for development in connection with telecommunications is made in ways which will maximise the use of existing masts and sites so as to limit the impact of development.
9.8.5.3 Telecommunications Antennae
The County Council recognises the importance of a high quality telecommunications service for the county, the South East Region and the country, taking into account both National and Regional planning guidance.
When considering proposals for telecommunications masts, antennae and ancillary equipment, the Council will have regard to the following:
(a) the visual impact of the proposed equipment on the natural or built environment, particularly in areas of sensitive landscape or historic importance;
(b) the potential for co-location of equipment on existing masts; and
(c) Department of the Environment and Local Government “Telecommunications Antennae and Support Structures - Guidelines for Planning Authorities” (July 1996), or any amendments thereto.
The Council will seek to achieve a balance between facilitating the provision of telecommunications services in the interests of social and economic progress of the County and sustaining residential amenities, environmental quality and public health.
The Council will discourage proposals for telecommunications masts, antennae and ancillary equipment in the following locations, save in exceptional circumstances where it can be established that there would be no negative impact on the surrounding area and that no other location can be identified which would provide adequate telecommunication cover:
(i) Highly scenic areas or areas specified as such in any landscape character assessment carried out for the County;
(ii) In close proximity to schools, churches, crèches, community buildings, other public and amenity/conservation areas; and,
(iii) In close proximity to residential areas.
Proposals within the County for telecommunications antennae and support structures must show:
a) the alternative sites considered and why the alternatives were unsuitable,
b) the potential impact on public health,
c) the number of existing masts within the County,
d) the long term plans of the developer in the County and the potential for further masts,
e) and the plans of other promoters and any prior consultations which the developer may have had with other mast owners.
The Council will only grant temporary planning permissions (for periods of 5 years). This will allow review and reassessment in relation to numbers and concentrations, technology and the general dynamic nature of both the industry and the receiving environment within which these masts are sited.
POLICY
• IE43 To support the provision of new and innovative telecommunications infrastructure, subject to normal proper planning consideration.
• IE44 To recognise that the development of telecommunications infrastructure is a key component of future economic and social development of the County.
9.9 Air Quality
The National Climate Change Strategy 2007-2012 emphasises that reducing greenhouse gas emissions will benefit air quality. Some progress has already been made to date through the ban under the Air Pollution Act, 1987 (Marketing, Sale and Distribution of Fuels) (Amendment) Regulations, 2000, in October 2001 on the marketing, sale and distribution of bituminous coal in Waterford City Environs and the extension of this ban to Kilkenny City and Environs under the Air Pollution Act, 1987 (Marketing, Sale and Distribution of Fuels) Regulations, 2003. The role of the Council in this regard is to protect, enhance and control air and noise pollution and to ensure the provision of the highest standards.
The Council supports the Polluter Pays Principle and will have regard to the Local Government (Planning and Development) General Policy Directive 1988 (or as may be amended from time to time) and any regulations (such as the Smokeless Fuel Regulations and Solvent Regulations) issued by the Minister for the Environment relating to air quality standards nationally, including:
• Air Framework Dirctive of 1996 (Due for revision 2007)
• Air Quality Standards Regulations 2002
• Ozone in Ambient Air Regulations, 2004
POLICY
• IE45 Implement the provisions of national policy and air pollution legislation, in conjunction with other agencies as appropriate.
• IE46 Ensure that the developments, which are subject to the requirement of the Air Pollution Act 1987 and Air Pollution (Licensing of Industrial Plant) Regulations 1988 or any subsequent regulations meet appropriate emission standards and other relevant national and international standards.
• IE47 Support public transport and non motorised transport as a means of reducing locally generated air emissions and to encourage landscaping and tree planting as a means of purification and filtering of the air.
9.9.1 Noise and Dust
Excessive noise and Dust levels can have an adverse impact on the county’s environment. The Council will seek to minimise noise through the planning process by ensuring that the design of future developments incorporate measures to prevent or mitigate the transmission of noise and vibration, where appropriate.
POLICY:
• IE48 To seek to minimise the noise and dust through the planning process by ensuring that the design of future developments incorporate measures to prevent or mitigate the transmission of dust, noise and vibration, where appropriate.
9.9.2 Light Pollution
While adequate lighting is essential to a safe and secure environment, light spillage from excessive or poorly designed lighting is increasingly recognised as a potential nuisance to surrounding properties and a threat to wildlife, and can reduce the visibility of the night sky. Urban and rural locations can suffer equally from this problem. Lighting columns and other fixtures can have a significant effect on the appearance of buildings and the environment and where proposals for new lighting require planning consent, the Council will ensure that they are carefully and sensitively designed. Lighting fixtures should provide only the amount of light necessary for the task in hand and shield the light given out so as to avoid creating glare or emitting light above a horizontal plane.
POLICY
• IE49 To require that the design of external lighting minimises the incidence of light spillage or pollution into the surrounding environment.
9.10 Water Supplies
9.10.1 Surface Water
The main source of water in Kilkenny for industrial and domestic use is surface water abstracted from rivers and streams. The Rivers Nore, Blackwater, Dinan and Duiske are the principal sources of supply for the county’s urban and industrial supplies. The Rivers Barrow and Suir act as county boundaries and are the shared responsibility of several counties. The River Nore provides Kilkenny City and a number of other settlements with their water supply. The Rivers Barrow, Nore and Lower River Suir have Special Area of Conservation status.
POLICY
• IE50 To protect, maintain, improve and enhance the quality of watercourses and rivers in the County.
9.10.2 Groundwater
Underground water supplies are used by a significant number of households in the county who are dependent on private wells. A number of group schemes are also dependant on underground aquifers. Underground aquifers are exploited commercially for bottled water, which can be a significant economic resource. Groundwater also contributes to the river system.
The Geological Survey of Ireland has completed a Groundwater Protection Scheme for County Kilkenny. The overall aim of a Groundwater Protection Scheme is to preserve the quality of groundwater, for drinking water, surface water ecosystems and terrestrial ecosystems, for the benefit of present and future generations. The groundwater protection schemes are based on information provided by a suite of maps, including:
• Groundwater protection zones, hydrogeological data
• Aquifers
• Vulnerability
• Outcrop and depth to bedrock
• Subsoils geology
• Bedrock geology
The Groundwater Protection Scheme provides guidance for Kilkenny County Council in decision-making on the location, nature and control of developments and activities in order to protect groundwater.
Source Protection Areas
Development within source protection zones shall be subject to more stringent requirements in accordance with the Groundwater Protection Scheme. Developments which include on-site wastewater treatment in Inner Source Protection Areas of Extreme Vulnerability shall be subject to strict Development Assessment Criteria.
When new public water supply schemes come on stream, source protection areas shall be mapped as appropriate.
For multiple housing developments with private water supplies it will be the policy of the Council to identify source protection areas for that supply.
In practical terms protection of the groundwater can be achieved through the encouragement of best practice in agricultural and industrial activities and through best practice in the installation and use of wastewater treatment systems.
Kilkenny County Council requires that all new applications will be assessed in accordance with the EPA manual entitled Code of Practice – Wastewater Treatment and Disposal Systems serving Single Houses (p.e. ≤ 10), also referred to as EPA 2009 or such guidance as may replace this guidance. The person carrying out the assessment will be suitably qualified and on the Council’s approved panel of Site Suitability Assessors.
9.10.2.1 Development Control Assessment
New developments which include on-site wastewater treatment in an Extreme Vulnerability Inner Source Protection Area shall be restricted to the following categories:
1. A dwelling for a full-time farmer
2. An existing inhabited dwelling in need of replacement
3. A second family dwelling on a farm where this is required for management of the farm
Permission may be granted in the above instances subject to the following stipulations:
a) That an alternative site outside the Extreme vulnerability Inner Protection Area is not available
b) The existing water quality of the source is not subject to any significant nitrate and / or microbiological contamination
POLICY
• IE51 Ensure that septic tanks and proprietary treatment systems, or other waste water treatment and storage systems, where required as part of a development, comply with relevant guidelines and that they are employed where site conditions are appropriate.
• IE52 Have regard to the Groundwater Protection Scheme in decision-making on the location, nature and control of developments and activities in order to protect groundwater.
ACTION
• Ensure the completion of the mapping of source protection areas
• Set up a Panel of Approved Site Characterisation Assessors for the purpose of assessing planning applications.
9.10.3 Water Quality
The importance of water for life and as a key to development is becoming increasingly clear. As the demand for water for domestic, industrial, and recreational purposes increases, so also does the need to protect it to ensure an adequate supply of clean water for all, including the flora and fauna that also dependent on it.
The Council is responsible for the protection of all waters including rivers, lakes, estuarine waters and groundwater. The work includes implementation of pollution control measures, licensing of effluent discharges, implementing and monitoring compliance with environmental legislation, and drawing up pollution contingency measures. Current and pending European directives such as the Water Framework Directive and the Nitrates Directive will have implications for Kilkenny in dealing with the problems associated with preserving water quality in the county.
Eutrophication of waterways has been identified as a strategic challenge facing Ireland’s environment. Eutrophication arises from excess inputs of nutrients (mainly nitrogen and phosphorus) to waters leading to excessive plant growth, depletion of oxygen and habitat degradation. The major sources of nutrient loss to waters are agriculture and municipal sewage discharges, with other sources also making a contribution.
The Council will continue to take appropriate measures in relation to agricultural, industrial and residential development in order to prevent ground and surface water pollution.
9.10.3.1 Water Framework Directive
In response to the increasing threat of pollution and the increasing demand from the public for cleaner rivers, lakes and beaches, the EU developed the Water Framework Directive. The directive establishes a framework for the protection of all waters including rivers, lakes, estuaries, coastal waters, groundwater, canals and other artificial water bodies for the benefit of everyone. The protection of water for wildlife and their habitats is also included under the directive.
Management of water resources must be planned and implemented, through Management Plans, in a way that achieves the best possible balance between the protection and improvement of the water environment and the interests of those who depend on it for their livelihood and quality of life. Good ecological and chemical status for all waters must be achieved by 2015 with no deterioration in existing status in the meantime.
To facilitate this process a statutory river basin district advisory council has been established in each river basin district to consider matters relating to the preparation of river basin management plans and other matters relevant to the protection and use of the aquatic environment and water resources in the district and to advise and make recommendations on these matters to the relevant public authorities. The South-East River Basin Advisory Council is the relevant authority in the South East.
Kilkenny County Council is participating in the preparation of a River Basin Management Plan in relation to the South Eastern River Basin District which is due to be completed by mid-2009.
POLICY
• IE53 To actively participate in the implementation of the Water Framework Directive
• IE54 To jointly with other local authorities and the relevant Public Authorities, participate and co-operate in the South Eastern River Basin District Management Project
• IE55 To implement the South Eastern River Basin Management Plan
• IE56 To increase public awareness of water quality issues and the measures required to protect and where required, improve the quality of all waters
• IE57 To take account of the findings of the National Programs of Measures Studies being developed for the River Basin Management Plans
9.10.3.2 Phosphorus Regulations
The Water Quality Standards for Phosphorus Regulations, 1998 (S.I. 258 of 1998) require that water quality be maintained or improved and set out water quality targets for lakes and rivers. The targets set in the Regulations must be met by 2007 at the latest for waters surveyed by the EPA in the 1995-97 period and within a maximum of ten years for waters first surveyed after 1997.
9.10.3.3 Dangerous Substances Regulations
The Dangerous Substances Regulations (S.I. No. 12 of 2001) prescribe water quality standards in respect of 14 dangerous substances in surface waters, e.g., rivers, lakes and tidal waters. The substances concerned include pesticides (atrazine, simazine, tributyltin), solvents (dichloromethane, toluene, xylene) metals (arsenic, chromium, copper, lead, nickel, zinc) and other substances (cyanide, fluoride).
The Council will have regard to both the Phosphorus Regulations and the Dangerous Substance Regulations in the assessment of all planning applications.
9.10.3.4 Good Agricultural Practice for the Protection of Waters
Statutory Instrument S. I. 378 of 2006, European Communities (Good Agricultural Practice for the Protection of Waters) Regulations, 2006 consolidates and provides the statutory basis for earlier recommendations/guidelines provided for in the Nitrates Directive, Phosphorus Regulations and the Water Framework Directive. The role of Kilkenny County Council shall be to ensure that agricultural practices falling under the remit of the Regulations are consistent with the Regulations insofar as they minimize the potential for water pollution.
POLICY
• IE58 Ensure the sustainable and economic provision of an adequate supply of good quality water for industrial, domestic and other beneficial uses, including the propagation of healthy fish stocks.
• IE59 Implement its adopted Water Quality Management Plans in order to prevent pollution and to ensure that beneficial uses of the waters e.g. industrial, domestic and agricultural abstraction, fishing and recreation, are protected.
• IE60 Ensure the protection of sources of potable water and will continue the process of monitoring the quality of water resources.
• IE61 Prevent industrial water pollution by ensuring that development is appropriately located, by seeking effluent reduction and 'clean production' where feasible, by requiring that waste water treatment facilities are adequate, and that effluents are treated and discharged in a satisfactory manner.
• IE62 Prevent pollution of water by means of development management and enforcement measures.
• IE63 Implement the measures quoted under the Water Quality Standards Reports for Phosphorous and Dangerous Substances Regulations.
• IE64 To implement the Water Quality Management Plans for the Barrow, Nore and Suir Rivers pending adoption of the South East River Basin Management Plan
9.10.4 Water Services
There are 16 public water supply schemes within County Kilkenny operated by Kilkenny County Council. The quality of our drinking water supplies is of utmost importance. Water quality is monitored on a daily basis by the Council’s staff, in accordance with the HSE requirements. Testing is also carried out by the Health Service Executive and the Regional Water Laboratory on an agency basis.
9.10.5 Prioritisation of Investment
Recent developments have put additional pressures on the capacity of water and sewerage facilities. Kilkenny County Council recognises that the provision of a high quality and efficient water supply and drainage infrastructure will ensure the long-term physical, environmental, social and economic development of the county.
An examination of the main water schemes show that most are at, near or below capacity. This situation has lead to poor pressure problems on schemes such as Bennettsbridge Regional, Mooncoin Regional, Clogh-Castlecomer, Gowran-Goresbridge, Kilkenny Regional, Ballyragget, Urlingford-Johnstown, Graiguenamanagh and Thomastown. Proposed developments which would normally be served by these schemes including individual dwellings are being advised to provide their own wells.
There is consequently a need for updating and renewal. A very substantial investment is required in both water supplies and wastewater treatment works over the coming years to ensure satisfactory facilities throughout the county. The Council made a submission, in January 2007, to the Department of Environment, Heritage and Local Government which identified Schemes which should be included in the Water Services Investment Report for funding under the Major Scheme initiative or the Serviced Land Initiative. The submission excluded schemes which will be funded privately and schemes likely to be funded under the Small Schemes programme.
The areas to be prioritised for water infrastructure investment should follow the County Settlement Strategy.
9.10.5.1 Water Conservation
Water supplies are a scarce and expensive resource and cannot be wasted and in this regard water conservation policies are now mandatory on the Council and are in accordance with the principles of sustainability.
POLICY
• IE65 Implement the capital programme outlined in the Provision of Water and Wastewater Infrastructure in Kilkenny City and County, March 2007.
• IE66 Extend water supplies to meet the expanding domestic, commercial and industrial needs of the County.
• IE67 Improve the provision of services in those areas where deficiencies exist at present.
• IE68 Encourage the economic use of existing service.
• IE69 Conserve valuable water supplies by eliminating leakages and through raising public awareness of the need for water conservation.
• IE70 Conserve and protect sources of supply through the application of the principles of sustainability in their development and controlling development in their vicinity, which would give rise to adverse impacts.
9.11 Waste water services
The provision of wastewater treatment infrastructure is imperative to facilitate the economic, social, and physical development of the county and to support the settlement strategy. In addition the continued improvement and provision of this infrastructure is necessary to meet the requirements of the E.U. Urban Wastewater Treatment Directive.
There are 38 major wastewater treatment schemes within the county, of varying size and complexity.
An examination of the waste water situation shows that there is some capacity for development in Mooncoin, Johnstown, Graiguenamanagh, Callan and Ferrybank. Currently the wastewater systems at Freshford, Thomastown, Piltown, Castlecomer, Kilmoganny are overloaded and there are severe load fluctuation difficulties with the Purcellsinch Treatment Plant.
9.11.1.1 Prioritisation of Investment
The areas to be prioritised for waste water infrastructure will follow the County Settlement Strategy. Schemes will be progressed under the Major Schemes Programme, the Serviced Land Initiative and the Small Schemes Programme.
Partnership Arrangements
Where appropriate, water and waste water services can be provided via agreements between the local authority and private developers.
9.11.1.2 Sludge Treatment
It was an objective of the 2002 County Development Plan to carry out a Sludge Management Plan for Kilkenny, which was prepared in 2003. This Sludge Management Plan considered all forms of nonhazardous sludge arising and predicted to arise in the county over the next 20 years and proposed sustainable management strategies for them.
POLICY
• IE71 Extend waste water treatment to meet the expanding domestic commercial and industrial needs of the County.
• IE72 Improve the provision of treatment services in those areas where deficiencies exist at present.
• IE73 Encourage the economic use of existing treatment service.
• IE74 Meet in full the requirements of the E.U. Urban Waste Water Treatment Directive.
• IE75 Ensure that arrangements for the treatment and disposal of effluent from all forms of development are sustainable and meet environmentally acceptable standards.
• IE76 Implement the Sludge Management Plan for the county.
9.12 Waste Management
Waste management in Ireland is regulated by the Waste Management Acts, 1996 to 2007. The local authorities of Carlow County, Kilkenny County, Waterford City and County, Wexford County, and South Tipperary County prepare a Joint Waste Management Plan for the South East.
The current Joint Waste Management Plan for the South East Region (JWMP) sets out the policies and objectives for waste management for the period 2006 to 2011. The purpose of this JWMP is to:
• Promote waste prevention and minimisation through source reduction, producer responsibility and public awareness.
• Provide a management plan for the recovery/recycling/disposal of waste arisings on a regional basis.
Section 4 of the Waste Management Amendment Act 2001 provides that the development plan in force in an area shall be deemed to include the objectives contained in the waste management plan made by the local authority. Therefore this development plan is deemed to contain the policies and objectives of the Joint Regional Waste Management Plan, as reviewed.
POLICY
• IE77 To reduce to a minimum the cost of recycling to the consumer in County Kilkenny.
9.12.1 Waste Infrastructure
The Dunmore Landfill and Civic Amenity site is located in Dunmore on the Castlecomer Road approx 5km from Kilkenny city centre. This facility accepts all non-hazardous waste for disposal in addition to providing recycling facilities for hazardous and non-hazardous waste. It is expected that the landfill element will close during the lifetime of this plan, to be replaced by an integrated regional facility, as outlined in the JWMP.
Under the JWMP, a 3 bin collection system will be mandatory from 2008 throughout urban areas greater that 1,000 persons for household, industrial and commercial waste or as otherwise determined by the Region. This third collection bin will be utilised to collect bio-waste.
9.12.2 Litter Management Plan
Under the Litter Pollution Act, 1997, each local authority is required to adopt a litter management plan (LMP). The Litter Management Plan 2003 – 2006 is under review and the new Plan for 2007 – 2010 will be completed by mid-2007.
A clean and well-presented local environment is a sign of good civic organisation and pride. This has been reflected locally in the good performance of the towns and villages of the county in the National Tidy Towns Competition.
POLICY
• IE78 Prepare and implement Litter Management Plans and carry out its statutory functions in relation to the Litter Pollution Act 1997.
• IE79 Build on the achievements to date in the Tidy Towns and to develop a civic spirit which fosters pride in a clean and litter free county.
• IE80 Continue in its partnership approach with the Tidy Towns Associations, community groups, farming organisations, trade unions, the business community, the local media, sporting organisations, tourism bodies and Gardai in the support and fostering of anti-litter initiatives within the county.
9.12.3 Development Assessment Criteria
In assessing planning applications, regard will be had to the waste produced by proposed developments including the nature and amount of waste produced and proposed method of disposal. Proposed apartment and housing developments must be appropriately laid out to enable the implementation of three bin collection systems.
The Council will ensure that proposed apartment, housing and commercial developments are either serviced by existing infrastructure or make appropriate provision for bring sites in their layout. Adequate access must be provided in developments to service proposed bring sites.
In assessing significant construction/demolition projects, the Council will require that the developer shall include construction and demolition waste management plans, to be prepared in accordance with the Best Practice Guidelines on the Preparation of Waste Management Plans for Construction and Demolition Projects (2006) as published by the Department of the Environment, Heritage and Local Government. These plans should seek to focus on waste minimisation in general and optimise waste prevention, re-use and recycling opportunities, and shall provide for the segregation of all construction wastes into recyclable, biodegradable and residual wastes.
For any development, the developer shall ensure that all operations at the site during the construction and demolition phase shall be managed and programmed in such a manner as to minimise waste production and that procedures are in place to deal with any litter arising.
POLICY
• IE81 Implement the Joint Waste Management Plan for the South East Region.
• IE82 Fully participate in the preparation, adoption and implementation of future Joint Regional Waste Management Plans.
• IE83 To use its statutory powers to protect the environment from indiscriminate and unsightly dumping in order to protect the appearance of rural and urban areas, and in the interests of public health.
• IE84 To develop and implement education programmes that increase the awareness and understanding of local government decision makers, educators, business and industry personnel, general public and students of the need to effectively reduce and manage solid waste through the continued work of the Environmental Education and Awareness Officer.
• IE85 Encourage the provision of recycling facilities in appropriate quarry developments, construction sites and landfills for the recycling/recovery of construction & demolition waste, subject to normal planning and environmental sustainability considerations, and in accordance with the Joint Waste Management Plan.
• IE86 Require the provision of bring banks, bottle banks or other appropriate recycling facilities as part of the overall development, as deemed necessary. The sites shall be made available to the Council at the developer’s own expense and will be maintained by the Council or its agents.
• IE87 Consider, when undertaking development or when authorising or permitting development, the provision of facilities within developments
• IE88 Have regard to the Best Practice Guidelines on the Preparation of Waste Management Plans for Construction and Demolition Projects 2006
ACTION:
In order to promote reuse, recovery and recycling of materials, the County Council will establish a second civic amenity centre to serve the south of the county.
9.12.4 Surface Water Drainage
Individual developments facilitated under the guidance of this development plan shall be obliged, in all cases where surface water drainage measures are required, to provide a surface water drainage system separated from the foul drainage system.
In the case of one-off rural dwellings or extensions, except in circumstances where an existing surface water drainage system is available to the proposed site for development and which, in the opinion of the planning authority has adequate capacity to accommodate the identified surface water loading, surface water shall be disposed of, in its entirety within the curtilage of the development site by way of suitably sized soak holes. In the case of driveways drainage measures shall be provided to a detail acceptable to the planning authority so as to avoid run-off from the site to the adjoining public road.
For all other green-field developments it shall, in general, be the policy of Kilkenny County Council, to require the limitation of surface water run-off to pre-development levels. Where a developer can clearly demonstrate that capacity exists to accommodate run-off levels in excess of green-field levels then the planning authority shall give consideration to such proposals on a case by case basis.
In the case of brown-field development, while existing surface water drainage measures will be taken into account, some attenuation measures for surface water may be required at the discretion of the planning authority in the interests of balanced and sustainable development.
In line with the above Kilkenny County Council will consider all drainage proposals consistent with SuDS (Sustainable Drainage Systems).
To give adequate allowance for climate change in designing surface water proposals a multiplication factor of 1.2 shall be applied to all river return periods up to 100 years except in circumstances where the OPW have provided advice specifying the particular multiplication factor for return periods up to 100 years. In the case of rainfall a multiplication factor of 1.1 shall be applied to rainfall intensities to make allowance for climate change requirements.
In the design of surface water systems, regard shall be had to the Greater Dublin Regional Code of Practice for Drainage Works and associated GDSDS technical documents.
9.12.5 Flooding
Flooding is a natural phenomenon of the hydrological cycle. There are many factors that influence flood behaviour and the degrees of risk that it possesses. Like other natural processes, flooding cannot be completely eliminated, but its impacts can be minimised with proactive and environmentally sustainable management. The accepted national policy response to flood protection is now to manage the risk to life and property as sustainably as possible and to consider flood risk and its related impacts on development on a catchment basis, rather than on an individual location basis. This will facilitate sustainable development through the reduction of future flood damage, and hence reduce the associated potential economic and social costs.
The Office of Public Works (OPW) is the lead agency for flood risk management in Ireland. The “Planning System and Flood Risk Management – Guidelines for Planning Authorities” were published in 2009 and these are incorporated here.
The Guidelines outline three key principles that should be adopted by regional authorities, local authorities, developers and their agents when considering flood risk. These are:
- Avoid the risk, where possible,
- Substitute less vulnerable uses, where avoidance is not possible, and
Mitigate and manage the risk, where avoidance and substitution are not possible
Flood Management Strategy
The Council shall adopt a comprehensive risk-based planning approach to flood management to prevent or minimise future flood risk. In accordance with the Guidelines, the avoidance of development in areas where flood risk has been identified shall be the primary response.
Proposals for mitigation and management of flood risk will only be considered where avoidance is not possible and where development can be clearly justified with the guidelines’ Justification Test.
Avoidance of development in flood risk areas
Flood zones are geographical areas within which the likelihood of flooding is in a particular range and they are a key tool in flood risk management within the planning process as well as in flood warning and emergency planning. There are three types or levels of flood zones defined for the purposes of the guidelines:
- Flood zone A – where the probability of flooding is highest (greater than 1% or 1 in 100 for river flooding or 0.5% or 1 in 200 for coastal flooding) and where a wide range of receptors would be vulnerable;
- Flood zone B – where the probability of flooding is moderate (between 0.1% or 1 in 1000 and 1% or 1 in 100 for river flooding and between 0.1% or 1 in 1000 year and 0.5% or 1 in 200 for coastal flooding); and
- Flood zone C – where the probability of flooding is low (less than 0.1% or 1 in 1000 for both river and coastal flooding).
For the purposes of Variation No. 2, a Strategic Flood Risk Assessment has been carried out. This did not categorise the county into Flood Zones, but has identified areas within which development proposals shall be the subject of a site-specific Flood Risk Assessment. This FRA shall be appropriate to the type and scale of the development being proposed and shall be carried out in line with the Guidelines.
9.12.5.1 Development Assessment Criteria
Where flood risk may be an issue for any proposed development, a flood risk assessment shall be carried out that is appropriate to the scale and nature of the development and the risks arising. This shall be undertaken in accordance with the DoEHLG Flood Risk Assessment Guidelines.
Development must so far as is reasonably practicable incorporate the maximum provision to reduce the rate and quantity of runoff. e.g.:-
• Hard surface areas (car parks, etc.), should be constructed in permeable or semi-permeable materials,
• On site storm water ponds to store and/or attenuate additional runoff from the development should be provided,
• Soak-aways or french drains should be provided to increase infiltration and minimise additional runoff.
For developments adjacent to watercourses of a significant conveyance capacity any structures (including hard landscaping) must be set back from the edge of the watercourse to allow access for channel clearing/maintenance. A setback of 5m-10m is required depending on the width of the watercourse. Development consisting of construction of embankments, wide bridge piers, or similar structures will not normally be permitted in or across flood plains or river channels.
All new development must be designed and constructed to meet the following minimum flood design standards:-
o For Urban areas or where developments (existing, proposed or anticipated) are involved - the 100 year flood
o For Rural areas or where further developments (existing, proposed or anticipated) are not involved - the 25 year flood
o Along Estuaries - the 200 year tide level
o Where streams open drains or other watercourses are being culverted - the minimum permissible culvert diameter is 900mm. (Access should be provided for maintenance as appropriate.)
POLICY
- IE89 To prepare flood zone maps as part of the review of any Development or Local Area Plans, as information becomes available.
- IE90 Applications for development in lands identified on the SFRA maps, shall be the subject of a site-specific Flood Risk Assessment appropriate to the type and scale of the development being proposed, in line with the Guidelines.
- IE91 For any development, where flood risk may be an issue, a flood risk assessment should be carried out that is appropriate to the scale and nature of the development and the risks arising. The applicant is primarily responsible in the first instance for assessing whether there is a flood risk issue and how it will be addressed in the development they propose.
- IE92 Development that is vulnerable to flooding will not be permitted in an area identified as subject to flood risk without a site specific flood risk assessment. Any development will not be permitted unless the criteria as set out in the Justification Test are satisfied.
- IE93 Ensure that development must so far as is reasonably practicable incorporate the maximum provision to reduce the rate and quantity of runoff.
9.13 Control of Major Accident Hazards Directive (Seveso II Directive)
The E.U. Directive (96/82 EC) (known as the Seveso II Directive) was adopted on the 3rd February 1999. It was introduced into Irish law through statutory instrument; the EC (Control of Major Accident Hazards Involving Dangerous Substances) Regulations (S.I. No. 476 of 2000). The Directive aims to prevent major accident hazards involving dangerous substances and chemicals and the limitation of their consequences for man and the environment.
The Council is obliged to pursue the aims of the Directive through controls on the siting of new establishments, modifications to existing establishments and new developments. Any relevant proposals for development will be referred to the Health and Safety Authority whose technical advice is taken into account in the overall assessment of the development, in addition to normal planning criteria.
There are three Seveso II sites within the county; Grassland Fertilisers (Kilkenny) Ltd. Palmerstown on the Tullaroan Road in Kilkenny City, Nitrofert Ltd, Raheen, New Ross, Co. Kilkenny and Trans-Stock Warehousing and Cold Storage in Christendom, Ferrybank, Co. Kilkenny. It should be noted that these are the only sites currently identified and that there may be additional sites designated in the future.
Article 12 of the Directive provides that appropriate consultation procedures must be put in place so as to ensure that, before decisions are taken, technical advice is available to Planning Authorities in respect of relevant establishments. The Health and Safety Authority (or the National Authority for Occupational Health and Safety NAOSH) provides such advice where appropriate in respect of planning applications within a certain distance of the perimeter of these sites.
POLICY
• IE95 In order to reduce the risk and limit the consequences of major industrial accidents, it is the policy of the Councils to consult with the Health & Safety Authority when assessing proposals for development of, in or near sites which are identified under the COMAH (Seveso II) Directive.
9.13.1 Potentially Contaminated Land
Contaminated land is generally considered to be lands where there are substances which could cause significant harm and endanger health. Examples of land uses that may have caused such contamination include gas works, landfill sites and scrap yards. Development will be encouraged and facilitated where it can be demonstrated that the development of the potentially contaminated site will result in a recreational and social benefit to the local area/community provided that identified remediation measures for the lands are carried out. The Council will require that a detailed investigation is carried out and appropriate measures are taken to ensure that the land is treated properly before development takes place. A register of contaminated sites within the county will be completed during the lifetime of this plan.
POLICY
• IE96 Require the applicant to engage an environmental consultant to investigate and assess the possibility and extent of contamination and to recommend remediation measures for agreement within the Council, in relation to proposals for developments on land which is or may be contaminated.
ACTION
• Complete a register of contaminated sites within the county during the lifetime of this plan.
9.14 Fire Service
The County Council is the Fire Authority for Kilkenny City and County. There are stations located in Kilkenny City, Freshford, Castlecomer, Urlingford, Graiguenamanagh, Thomastown and Callan.
POLICY
• IE97 To upgrade and replace fire stations and to replace and provide new equipment and vehicles as the need arises.
