Development plan · Clare County Council
Clare County Development Plan 2023–2029 (as varied)
The council's development plan written statement: its strategy, policies, objectives and development standards.
Clare County Council · 2023–2029 · 568 pages
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- __________________________________________________________________________________ Clare County Development Plan 2023-2029 11 | Physical Infrastructure, Environment and Energy infrastructure where appropriate and in accordance with relevant national guidelines and standards for such development, subject to being taken in charge by Uisce Éireann, including those incorporating nature-based solutions, to serve development where it can be clearly demonstrated that the system is in compliance with relevant EPA Guidelines on design standards and which will allow connection to a public system when it is provide Any such consideration will be subject to the Procedure Advice Note on DLI – March 2026. i) To permit the development of treatment systems for small businesses/community facilities in unserviced areas where they are in single ownership and where it is demonstrated to the satisfaction of the Planning Authority that the proposed wastewater treatment system is in accordance with Wastewater Treatment Manuals- Treatment Systems for Small Communities, Business, Leisure Centres and Hotels, EPA (1999) or any future versions; j) To encourage and support a changeover from septic tanks/private wastewater treatment plants to public collection networks wherever feasible, subject to connection agreements with Uisce Éireann and to ensure that any future development connects to the public wastewater infrastructure where it is available; and, k) To ensure that any private wastewater treatment system proposed complies with the environmental requirements of Objectives CDP 3.3 of this plan. 11.4.3.1 Environmental Assessment Criteria: It will be a requirement that it be demonstrated with scientific certainty that the construction, operation, maintenance, monitoring and decommissioning of any such developer led/provided shared use wastewater treatment infrastructure will not give rise to adverse effects on the site integrity of any European Sites in view of their conservation objectives and having regard to the characteristics of the species or habitat, including their structure, function, conservation status and sensitivity to change. Where this cannot be demonstrated with certainty, then developer led/provided shared use wastewater treatment infrastructure shall not be permitted. Nature-based solutions such as constructed wetlands (CWs) and integrated constructed wetlands (ICWs) will not be considered for: • Settlements within areas of karst landscape, • Areas deemed to be of high nature value or of high biodiversity value,277
- __________________________________________________________________________________ Clare County Development Plan 2023-2029 11 | Physical Infrastructure, Environment and Energy • Sites within 60m up-gradient of any well or spring used for potable water, • Sites within the inner protection zone of a public groundwater supply source, where the vulnerability rating is classified as extreme, • Sites within 300m up-gradient of a public supply (>10m3/day or >50 persons) borehole, where an inner protection zone has not been identified, • Sites within 25m of a dwelling, • Sites where construction of the ICW may negatively impact a site of cultural heritage value, • Sites where adequate land area is not available, • Sites near a watercourse (distances of not less than 10m from the initial and second ponds and no less than 5 m for subsequent ponds will be required), • Sites that cannot be adequately protected from flood damage. A site-specific flood risk assessment will be required as part of any potential planning application for a Naturebased solution, • Sites that pose an unacceptable risk to drinking water sources, • Sites that conflict with the protection guidelines set out in the Clare Groundwater Protection Scheme. In addition: • An early assessment of a site’s overall suitability and the properties/nature of the influent are required to avoid siting such Nature-based solutions in inappropriate settlements or areas within settlements. • The assessment must determine whether the ICW discharges, either via surface or ground, to any SAC, SPA or NHA. • In addition to the environmental function of an ICW, it is an essential requirement of the ICW concept to explicitly address the social, economic, and ecological considerations of the site, so that the needs of all stakeholders in the management of the land and water resources that are linked to a site need are given appropriate consideration. Regard must be had to all water quality discharges, achieving an appropriate landscape-fit and enhancing biological diversity. • As the ICW concept is based on integration into the immediate and adjacent environment, site characterisation must investigate how this requirement can be achieved and optimised. • The Management Company must ensure that the nature and properties of the influent are known, that adequate land space is available and that the system can operate with low or zero energy requirements. • Given the nature of these systems in Ireland, potential developers must provide the Planning Authority with sufficient baseline information to enable planning/discharge conditions to be set should the Nature-based solution be deemed appropriate within the settlement for a specific site. • The Management Company will be required to put in place an Emergency Response Plan for the system which will outline the procedures which must be put in place should monitoring indicate exceedances of emissions limit values, where a failure in the system278
- __________________________________________________________________________________ Clare County Development Plan 2023-2029 11 | Physical Infrastructure, Environment and Energy occurs, where the system becomes inundated due to severe or adverse weather conditions or through inappropriate influent amongst other occurrences. Development Plan Objective: Strategic Wastewater Treatment Projects CDP 11.33 It is an objective of Clare County Council: a) To support investment in and the sustainable development of strategic wastewater treatment facilities by Uisce Éireann in County Clare arising from initiatives including Investment Plans and Strategic Drainage Area Plans subject to appropriate environmental assessment and the planning process; b) To liaise with Uisce Éireann to ensure adequate wastewater treatment facilities are available to accommodate population growth in the county; c) To ensure that the assimilative capacity of the receiving environment is not exceeded and that increased wastewater discharges from population growth does not contribute to degradation of water body status or give rise to adverse impacts on the integrity of the Natura 2000 network; d) To support Uisce Éireann to eliminate untreated discharges from settlements in the short-term, while planning strategically for the long-term in tandem with Project Ireland 2040 and the RSES and in increasing compliance with the requirements of the Urban Waste Water Treatment Directive; e) To support and facilitate the separation of foul and surface water networks in the county; and f) To liaise with Uisce Éireann to identify wastewater treatment plants which are subject to flooding from severe weather events, and to advocate for the prioritisation of these plants for suitable upgrades. Development Plan Objective: Rural Wastewater Treatment Programmes CDP 11.34 It is an objective of Clare County Council: a) To support investment in the sustainable development of rural waste water treatment programmes and the initiatives of Uisce Éireann, communities and developers in small rural settlements to identify sustainable solutions subject to available funding for such services including the Rural Regeneration and Development Fund of the NDP and the Multi-Annual Rural Water Programme 2022-2025 Measure 8 – Waste Water Collection and Treatment Needs for279
- __________________________________________________________________________________ Clare County Development Plan 2023-2029 11 | Physical Infrastructure, Environment and Energy Villages and Settlements without access to Public Waste Water Services. b) To support the provision of centralised wastewater treatment plants at Broadford, Carrigaholt, Cooraclare, Doolin and Labasheeda within the lifetime of this plan; c) To support the servicing of rural villages (serviced sites), in settlements with adequate public wastewater treatment capacity available, to provide an alternative to one-off housing in the countryside; and, d) To ensure that any private wastewater treatment system proposed complies with the environmental requirements of Objectives CDP 3.3 of this plan. 11.4.4 Storm Water Management Storm water can be described as rainwater that falls onto a property or accumulates on the ground and runs off to a storm drain. Storm water increases significantly as a result of developments where permeable surfaces (vegetation and soil) are replaced by impermeable surfaces (car parks, roads, driveways and roofs). The management of combined sewers falls within the remit of Uisce Éireann. The management of storm water is inherently linked to the wider issues of climate change adaptation and flood risk management. All new development throughout the county will be required to minimise surface water discharge through on-site systems such as Sustainable Drainage Systems (SuDS). Development proposals are required to demonstrate the use of SuDS mechanisms and must be accompanied by a comprehensive SuDS assessment to demonstrate run off quantity, quality, and an assessment on the potential impacts on habitats and water quality. See Section 2.8.1 Storm Water Management, Chapter 2, of this plan for further information and detailed objectives relating to storm water. 11.5 Waste Management The environment is a valuable but vulnerable resource. When it is managed and protected, the quality and integrity of the environment is retained. In conjunction with other state agencies, Clare County Council has the responsibility for a wide range of activities associated with the environment. In particular, the Council seeks to regulate and monitor pollution control and waste management. 11.5.1 Waste Management Plans Clare County Council, in conjunction with the other local authorities in the Southern Region, has a role in the implementation of the A Waste Action Plan for a Circular Economy – Ireland’s National Waste Policy 2020-2025 and the Southern Region Waste Management Plan 2015- 2021. The Council will also have a role in implementing the upcoming National Waste Management Plan for a Circular Economy (NWMPCE), which will be the successor to the280
- __________________________________________________________________________________ Clare County Development Plan 2023-2029 11 | Physical Infrastructure, Environment and Energy Southern Region Waste Management Plan. The strategic vision of the Southern Region Waste Management Plan is to rethink our approach to managing waste, by viewing our waste streams as valuable material resources. The plan provides a framework for the prevention and management of waste in a safe and sustainable manner. The plan targets are: • 1% reduction in the quantity of household waste generated per capita over the period of the plan; • Achieve a recycling rate of 50% of managed municipal waste by 2020; and, • Reduce to 0% the direct disposal of unprocessed residual municipal waste to landfill (from 2016 onwards) in favour of higher value pre-treatment processes and indigenous recovery practices. The Regional Spatial and Economic Strategy for the Southern Region, 2020 echoes these sentiments and aims to move away from the traditional unsustainable linear model where resources are consumed, and high waste volumes are generated which are then sent to be processed as waste. As at national level, policy is now focused on building a circular economy. The European Commission’s new circular economy plan ‘A New Circular Economy Action Plan For a cleaner more competitive Europe’ was launched in 2020 and forms one of the main blocks of the European Green Deal. Through the development of a circular waste economy, there will be opportunities for enterprise and employment. Clare County Council will support and promote circular economy principles prioritising prevention, reuse, recycling, and recovery, to support a healthy environment, economy and society. Clare County Council is also committed to implementing the provisions of the framework set out in the Southern Region Waste Management Plan, and to implementing the upcoming National Waste Management Plan for a Circular Economy (NWMPCE), which will be the successor to the Southern Region Waste Management Plan. Development Plan Objective: Waste Management CDP 11.35 It is an objective of Clare County Council: a) To support and facilitate the implementation of the EU circular economy action plan ‘A New Circular Economy Action Plan For a cleaner more competitive Europe’ (2020), the EU Raw Material Initiative, A Waste Action Plan for a Circular Economy – Ireland’s National Waste Policy 2020-2025 and the Southern Region Waste Management Plan 2015-2021; b) To support and promote circular economy principles prioritising prevention, reuse, recycling and recovery, to support a healthy environment, economy and society; c) To encourage and facilitate the development of new options and technological advances in relation to waste management; d) To support the development of waste recycling facilities at appropriate locations in County Clare as a means of facilitating281
- __________________________________________________________________________________ Clare County Development Plan 2023-2029 11 | Physical Infrastructure, Environment and Energy a reduction in the quantity of waste that goes to landfill disposal sites; e) To promote environmental awareness measures and action programmes to ensure good environmental awareness and practices, the recycling of waste, water management, and energy conservation; f) To have regard to Best Practice Guidelines for the Preparation of Resource Management Plans for Construction & Demolition Projects (EPA 2021) and any subsequent guidelines in the management of waste from construction and demolition projects and to require the submission of a construction and demolition waste management plan for projects in excess of the following thresholds: • New residential developments of 10 houses or more, •Other new developments, including institutional, educational, health and other public facilities, with an aggregate floor area in excess of 1,250m2; • Demolition/renovation/refurbishment projects generating in excess of 100m3 in volume of construction and demolition waste; • Civil engineering projects producing in excess of 500m3 of waste, excluding waste materials used for development works on the site. The Council may also require the submission of construction and demolition waste management plans for other developments, and this will be managed through the preplanning consultation and planning application processes; g) To require proposals for brownfield regeneration in strategic locations to be accompanied by a site risk assessment and a clear waste plan for any wastes arising, including consideration of hazardous or contaminated material; and, h) To support and facilitate the repurposing of previous landfill sites and where appropriate their reuse for community or recreational purposes. 11.5.2 Waste Transfer and Recovery Waste transfer facilities/material recovery facilities are essential infrastructure to support the recycling of waste. In the assessment of applications for waste transfer facilities/material recovery facilities, the following site characteristics are preferable: • Within or as near as possible (within 2km) to the defined Metropolitan Town, Key Town or Service Town as defined in the Settlement Hierarchy; • Where practical, on the national or regional road network and where traffic considerations are acceptable;282
- __________________________________________________________________________________ Clare County Development Plan 2023-2029 11 | Physical Infrastructure, Environment and Energy • In a central location within their general catchment in order to minimise road hauls; • If possible, in an area close/proximate to existing business operations; • Where impacts on local amenities can be minimised; and • Where the natural features, for example, geology, hydrology, minimise pollution risks. Clare County Council will facilitate the sustainable provision of additional waste facilities at appropriate locations in accordance with the Waste Management Infrastructure Guidance for Siting Waste Management Facilities. This guidance will be included in the upcoming National Waste Management Plan for a Circular Economy (NWMPCE), which will replace the Southern Region Waste Management Plan 2015 - 2021 and the regional waste management plans for the other two regions. Development Plan Objective: Waste Transfer and Recovery Facilities CDP 11.36 It is an objective of Clare County Council: a) To support the development of waste transfer and recovery facilities at appropriate locations in County Clare as a means of facilitating a reduction in the quantity of waste that goes to landfill disposal sites; and, b) To support the development of higher-value waste pretreatment processes and indigenous recovery practices. Such developments must not adversely affect species or habitats designated by the Habitats Directive and shall comply with the requirements of the National River Basin Management Plan. 11.5.3 Litter Management Clare County Council has prepared a Litter Management Plan for the period 2022-2024 which sets out objectives for the prevention and minimisation of litter throughout the county. Development Plan Objective: Litter Management CDP 11.37 It is an objective of Clare County Council: To implement the provisions of the Clare County Litter Management Plan 2022-2024 and any updated version of this Plan. 11.5.4 Construction and Demolition Waste Construction and demolition waste (C&D waste) is generally associated with waste materials arising from construction, demolition, and renovation activities. Landfills were traditionally the main receiving points for the disposal of waste associated with construction and demolition building materials but reuse and recycling of C&D waste is now recognised as a more sustainable alternative. The most recent figures from the Southern Region Waste283
- __________________________________________________________________________________ Clare County Development Plan 2023-2029 11 | Physical Infrastructure, Environment and Energy Management Plan indicate that 95% of construction and demolition (C&D) is being reused or recycled. Developments should, where appropriate, seek to reuse excavated material from sites for landscaping and land restoration or alternatively the material should be reused in the building process. Also, waste management plans should demonstrate how C&D waste is segregated at site so that it can be reused, recycled, or disposed of in an appropriate way. Where construction or demolition wastes cannot be reused or recycled, that waste must be transported to authorised waste facilities using the services of authorised waste collectors. Development Plan Objective: Construction and Demolition Waste CDP 11.38 It is an objective of Clare County Council: a) To require that a C&D Waste Management Plan is prepared by the developer having regard to the ‘Best Practice Guidelines for the Preparation of Resource Management Plans for Construction & Demolition Projects’ (EPA 2021) and any subsequent guidelines for new construction or demolition projects and to require that where appropriate the maximum amount of waste material generated on site is reused and recycled; b) To promote the production and reuse of aggregates from C&D waste and their use in construction projects in the Region; and, c) To encourage the development of C&D waste recycling facilities at suitable sites, including quarries, subject to normal planning and environmental considerations. 11.5.5 Agriculture Waste The Nitrates Directive (91/676/EEC) calls for the protection of water from excessive nitrates which make it unsuitable for use as drinking water. The Directive, as implemented in Ireland’s Nitrates Action Programme through the EC (Good Agricultural Practice for Protection of Waters) Regulations 2009 (as amended 2010, 2014 and 2017) is the main statutory provision which places an onus on Ireland to prevent pollution of groundwater and surface water from nitrates associated with agricultural sources. The programme is designed to prevent pollution of surface waters and ground water from agricultural sources and to protect and improve water quality. Waste arising from agricultural practices on farms should be dealt with in a safe and sustainable manner having regard to the protection of the environment and public safety implications associated with inappropriately disposed waste.284
- __________________________________________________________________________________ Clare County Development Plan 2023-2029 11 | Physical Infrastructure, Environment and Energy Development Plan Objective: Agricultural Waste CDP 11.39 It is an objective of Clare County Council: To ensure that the disposal of agricultural waste is carried out in a safe, efficient and sustainable manner having regard to the environment and to the health and safety of individuals, and in compliance with the European Communities (Good Agricultural Practice for Protection of Waters) Regulations, 2017, the Litter Pollution Act 1997 (as amended) and the European Communities (Water Policy) Regulations 2014 (S.I. No. 350 of 2014). 11.6 Noise, Air and Light Pollution 11.6.1 Noise Pollution Noise pollution can occur in various locations: building sites, heavily trafficked roads, and industrial sites amongst others, all of which can have significant impacts on an environment and on the quality of life of individuals, residential areas and communities in the vicinity. Clare County Council has set out measures to deal with noise pollution associated with major noise sources, such as transportation infrastructure, in the Clare Noise Action Plan (2018). This is a five-year strategic document published under the Environmental Noise Directive 2002/49/EC, as implemented in Ireland by the Environmental Noise Regulations 2006. Development Plan Objective: Noise Pollution CDP 11.40 It is an objective of Clare County Council: a) To promote the proactive management of noise where it is likely to have significant adverse impacts on health and the environment; and, b) To ensure that all proposals for development with regard to transportation infrastructure shall comply with the provisions of the Clare Noise Action Plan (2018) and any subsequent plans. 11.6.2 Air Quality Air pollution can potentially affect the health and well-being of sensitive population groups and ecosystems and can also have adverse environmental and economic impacts. The EU introduced a legislative framework to oversee the monitoring, assessment and management of air quality, namely Directive 2008/50/EC on Ambient Air Quality and Cleaner Air for Europe. This directive was implemented in Ireland under the Air Quality Standards Regulations 2011. Radon, a radioactive gas formed in the ground by the radioactive decay of uranium, which is present in all rocks and soils, is categorised by the World Health Organisation as a carcinogen.285
- __________________________________________________________________________________ Clare County Development Plan 2023-2029 11 | Physical Infrastructure, Environment and Energy It is important to comply with best practice in the implementation of radon prevention measures in partnership with other relevant agencies. See Section 5.2.17, Chapter 5 of this plan for further information and detailed objectives relating to radon gas and housing. Development Plan Objective: Air Quality CDP 11.41 It is an objective of Clare County Council: a) To achieve and maintain good air quality and help prevent harmful effects on human health and the environment in our urban and rural areas; b) To support local data collection in the development of air quality monitoring; and, c) To implement the provisions of national policy and air pollution legislation, in conjunction with other agencies as appropriate. 11.6.3 Light Pollution It is recognised that adequate lighting is necessary to ensure a safe and secure environment However, light spillage from inadequately designed lighting is increasingly recognised as a potential nuisance to nearby properties and a threat to wildlife and their habitats particularly in relation to European Sites. It can also be a waste of energy and can reduce the visibility of the night sky. Both urban and rural settings are affected by light pollution. Development Plan Objective: Light Pollution CDP 11.42 It is an objective of Clare County Council: a) To require proposals for development that include the provision of external lighting, to clearly demonstrate that the lighting scheme is the minimum needed for security and working purposes; b) To ensure that external lighting and lighting schemes are designed so that the incidence of light spillage is minimised ensuring that the amenities of adjoining properties, wildlife and the surrounding environment are protected; and, c) To require that external lighting is designed taking the Bat Conservation Ireland Guidance Notes, Bats and Lighting Guidance Notes for Planners, Engineers, Architects and Developers, into consideration, together with EUROBATS Guidelines for consideration of bats in lighting projects. It is not intended that objectives set out will unreasonably constrain the operations of Shannon International Airport nor of other regionally important industrial activities in the county.286
Source Clare County Council: Clare County Development Plan 2023–2029 (as varied) (2023–2029) · Licence the publisher's termsText read from the publisher’s PDF; tables, maps and drawings do not survive as text, and page numbers are the PDF’s (its first page is 1). Check the original before relying on a passage.