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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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  1. __________________________________________________________________________________ Clare County Development Plan 2023-2029 13 | Marine, Coastal and Island Management protect the marine environment. It involves planning when and where human activities take place at sea and ensuring that these activities are as efficient and sustainable as possible. There is high and rapidly increasing demand for maritime space for different purposes, such as installations for the manufacturing and production of energy from renewable sources, maritime shipping and fishing activities, aquaculture installations, ecosystem and biodiversity conservation, raw material extraction, recreation, tourism and underwater cultural heritage. To address these multiple pressures on coastal resources an integrated planning and management approach is required. EU Directive 2014/89/EU responded to this challenge and established a framework for maritime spatial planning in EU Member States. The main purpose of maritime spatial planning is to promote sustainable development and to identify maritime space for different sea uses as well as to manage spatial uses and conflicts in marine areas. 13.5.1 EU Marine Spatial Planning Directive (2014) In July 2014 the European Parliament and the Council of the European Union adopted Directive 2014/89/EU which established a framework for maritime spatial planning aimed at promoting the sustainable growth of maritime economies, the sustainable development of marine areas and the sustainable use of marine resources. Under the Directive each Member State will establish and implement maritime spatial planning and, in doing so, they must also take into account land-sea interactions. 13.5.2 Planning and Development (Amendment) Act 2018 Part 5 of the Planning and Development (Amendment) Act 2018 transposed the 2014 Marine Spatial Planning Directive into primary legislation and this seeks to modernise elements of the marine development management and enforcement systems. In addition to the requirements of the Directive, the Act includes a number of measures which include the adoption of the National Marine Planning Framework (NMPF) by both houses of the Oireachtas and its review/replacement every 6 years, and the obligations of marine regulatory bodies with regard to the implementation of the NMPF and the enforcement powers of the Minister. 13.5.3 Marine Planning Policy Statement (2019) The Marine Planning Policy Statement (MPPS) 2019 is Ireland's first Marine Planning Policy Statement and serves as a parallel to the 2015 Planning Policy Statement which underpins the operation of the entire land based planning system in Ireland. It reflects the comprehensive updating and renewal of Ireland’s marine planning system and sets out core principles to inform the evolving marine planning and development management process. The MPPS outlines a vision for the future development of the marine planning system, sets out the overarching policies and principles the Government expects marine planning bodies and other public bodies that engage with the marine planning system to observe, and sets out high-level priorities for the enhancement of the marine planning system in Ireland.327
  2. __________________________________________________________________________________ Clare County Development Plan 2023-2029 13 | Marine, Coastal and Island Management 13.5.4 Maritime Area Planning Act 2021 The Maritime Area Planning Act is a wide-ranging piece of legislation which seeks to establish in law a new regime for the maritime area and covers all aspects of planning and the marine environment. The Maritime Area Planning Act, inter alia: • Establishes a statutory basis for the preparation of a Marine Planning Policy Statement; • Introduces powers for the Minister for Housing, Local Government and Heritage to put in place statutory marine planning guidelines (parallel to statutory planning guidelines under Section 28 of the Planning and Development Act 2000); • Provides an enhanced statutory basis for marine forward planning; • Eliminates the unnecessary duplication of development management processes (including environmental assessments) for activities or developments that are currently assessed under both the foreshore and planning regimes; • Introduces a single development management process for the Maritime Area for activities or developments that come within the remits of the Ministers for Housing, Local Government and Heritage and Energy, Climate and Communications; • Establishes an agency, the Maritime Area Regulatory Authority or MARA, to undertake certain functions such as assessing and granting Maritime Area Consents; licensing certain activities and enforcement and compliance in respect of planning decisions by An Bord Pleanála relating to maritime development; and, • Introduces a single State consent system for the maritime area to enable occupation of the foreshore, territorial sea, exclusive economic zone and continental shelf elements of the maritime area as appropriate, along with a new licensing and development management regime, to be administered by the Maritime Area Regulatory Authority (MARA), in conjunction with An Bord Pleanála (ABP) and the coastal local authorities for projects under their jurisdiction. 13.5.5 National Marine Planning Framework The National Marine Planning Framework is Ireland’s first maritime spatial plan and sets out how we want to use, protect and enjoy our seas up to the year 2040 and beyond. It sits at the top of the hierarchy of plans and sectoral policies for the marine area and provides a coherent framework within which sectoral policies and objectives can be realised. It is a decisionmaking tool for regulatory authorities and policy makers into the future in a number of areas, including decisions on individual consent applications which will have to have regard to the provisions of the plan in the same way that terrestrial plans form part of the decision making toolkit of the on-land planning process. In terms of offshore renewable energy, the draft Offshore Renewable Energy Development Plan II (OREDP II), once finalised, will provide a high-level framework for the long-term, sustainable and planned development of Ireland’s immense wind, wave and tidal renewable energy resources. OREDP II is seen as one of the key building blocks of the future, long-term model for the offshore renewable energy sector in Ireland. This long-term model and vision328
  3. __________________________________________________________________________________ Clare County Development Plan 2023-2029 13 | Marine, Coastal and Island Management for offshore renewable energy in Ireland is called the ‘Enduring Regime’. Under the Enduring Regime, the State will ensure that the economic, environmental and societal benefits of ORE are realised for everyone. This includes choosing the right offshore technology to use in the right places through the OREDP II. OREDP II is key to: • Meeting our future energy demands; • Transforming our economy and industry; • Achieving net-zero carbon emissions; • Protecting our environment; • Shared use of our seas. Development Plan Objective: Maritime Spatial Planning CDP 13.3 It is an objective of the development plan: a) To ensure consistency and alignment between land-based spatial planning and marine planning which supports the protection of the marine environment and the growth of the marine economy; b) To support appropriate land-based infrastructure which facilitates marine activity (and vice versa); c) To support proposals for appropriate infrastructure that facilitates the diversification or regeneration of marine industries; d)To ensure all new activities/developments are consistent with the policies of the National Marine Planning Framework; and, e) To promote the development of a research driven marine cluster in the County to support development of Marine ICT and Biotechnology. 13.6 Integrated Coastal Zone Management (ICZM) Human impacts, resulting from coastal developments coupled with the impacts of global climate change place continuous pressure on County Clare’s coastal environments. Coastal areas are among the areas most vulnerable to climate change and the impact of climate change on the coastline of County Clare is already evident. These areas will be increasingly susceptible to impacts such as inundation and erosion due to further sea level rise and the increasing regularity and intensity of extreme weather events. Such impacts are far reaching and are already changing the lives and livelihoods of coastal communities. In order to effectively adapt to climate change in coastal areas, a high level of understanding of the coastal system is required, supported by effective monitoring of vulnerable locations and the identification of when/where remedial action is required.329
  4. __________________________________________________________________________________ Clare County Development Plan 2023-2029 13 | Marine, Coastal and Island Management Chapter 12 sets out the objectives relating to development along the Shannon Estuary, while Chapter 14 identifies the landscape designations along the coastline. Clare County Council, in collaboration with local communities and relevant stakeholders, will encourage the development of the ICZM approach during the lifetime of this plan to ensure sustainable development and the protection and enhancement of the man-made and natural resources of these areas. Development Plan Objective: Integrated Coastal Zone Management CDP 13.4 It is an objective of the Development Plan: a) To work in collaboration with the Southern Regional Assembly, the Government’s Marine Spatial Planning Division, adjoining coastal local authorities, local communities and relevant stakeholders in the preparation and implementation of an Integrated Coastal Zone Management Plan for the coastal and estuarine areas of the county; and, b) To support the development of new coalitions amongst productive sector enterprises, coastal communities and public agencies to support the sustainable development of the marine resource and Blue Economy. 13.7 Coastal and Estuarine Transportation There are a number of coastal and estuarine transportation services currently in operation providing important links to both neighbouring counties and to islands off the coast of County Clare. Matters relating to coastal and estuarine transportation are discussed in Sections 12.3 and 12.12 of this plan.330
  5. __________________________________________________________________________________ Clare County Development Plan 2023-2029 13 | Marine, Coastal and Island Management 13.8 Renewable Energy There is significant potential for renewable energy development along the Atlantic coast of Ireland. The Offshore Renewable Energy Development Plan (2014) (OREDP) and the Clare Renewable Energy Strategy 2022-2028 identify extensive wave, tidal and offshore wind energy potential along the Atlantic coast of County Clare and both the OREDP and the Strategic Integrated Framework Plan for the Shannon Estuary identify the potential for tidal energy generation in the Shannon Estuary. It is proposed to transform the Moneypoint Power Station site from a fossil fuel burning station to a green energy hub powered by offshore floating wind energy under the ESB’s ‘Green Atlantic’ project which is part of their wider ‘Brighter Future’ strategy. The Council supports this Green Atlantic project’s objectives to ensure efficient production of environmentally sustainable electricity and security/diversity of supply in the future while at the same time ensuring that the environmental integrity of the adjacent coastal and maritime areas is maintained. The Council also supports the principle of wave and tidal energy and recognises the significant benefits that the development of such technologies off the County Clare coast could bring to the county. Development Plan Objective: Offshore Renewable Energy (ORE) Development CDP 13.5 It is an objective of Clare County Council: a) To support offshore wind, wave and tidal renewable energy developments and the ancillary land-based infrastructure and service requirements to assist in meeting renewable energy targets subject to environmental331
  6. __________________________________________________________________________________ Clare County Development Plan 2023-2029 13 | Marine, Coastal and Island Management considerations and the protection of the amenities of the surrounding areas in accordance with the Offshore Renewable Energy Development Plan (OREDP), the ORE Planning policies as outlined in the National Marine Planning Framework (NMPF) and SIFP SEA Environmental Reports and the Natura Impact Reports; and, b) To support the redevelopment of the Moneypoint power generation station site as a green energy hub and the development of the Shannon Estuary as a focal point for the offshore wind industry in Europe. 13.9 The Fishing Industry and Seafood Sector The fishing industry is important to County Clare and there is great potential and scope for its promotion and further development. There are commercial fishing operations based at numerous piers and harbours along the coast including Carrigaholt, Quilty and New Quay. In County Clare the fishing industry relates not only to commercial fishing but also to tourism and recreational activities such as deep sea fishing off the West coast and in the Shannon Estuary. In relation to recreational fishing activities, there are numerous local companies running charter deep-sea fishing trips from the piers and harbours along the Shannon Estuary and the West coast. Clare County Council recognises the importance of these companies in providing local employment in coastal areas and also in attracting visitors. Fisheries Local Action Groups (FLAGs) are committees that manage and administer funding aimed at supporting and diversifying enterprise and increasing employment in Coastal areas. FLAG’s are made up of public and private partners. These partners are from defined geographical areas and include representatives from different sectors of the local economy/ community. The committee’s members broadly reflect the socio-economic composition of the area through a balanced representation of the main stakeholders, including private sector, public sector and civil society and ensure a significant representation of the fisheries and/or aquaculture sectors. Clare County Council supports the implementation of the actions outlined in the Fisheries Local Action Group West ‘Local Development Strategy’. Development Plan Objective: The Fishing Industry and Seafood Sector CDP 13.6 It is an objective of Clare County Council: a) To support and facilitate the conservation of marine and freshwater resources that are key to the establishment and sustainable growth of the fishing and aquaculture industry; b) To support the development of new and existing pier facilities for the fishing industry and associated food and service industries, particularly in remote rural coastal communities, where they comply with the general objectives and development management standards of this plan;332
  7. __________________________________________________________________________________ Clare County Development Plan 2023-2029 13 | Marine, Coastal and Island Management c) To facilitate, where possible, car parking areas and access points to coastal areas to allow members of the public and tourists to access these areas for fishing and angling purposes; d) To seek investment in the delivery of sustainable actions and development of the seafood sector under existing and future European Maritime and Fisheries Fund Operational Programmes; and, e) To seek the implementation and investment in actions that support the Fishing Local Area Group (FLAG) development strategies to support coastal and island communities. 13.10 Aquaculture Aquaculture is carried out in the Shannon Estuary and Galway Bay areas and is significantly focused on the commercial farming of pacific oysters. Carrigaholt specialises in the cultivation of shellfish such as abalone, sea urchin and pacific oyster. Pacific oyster is also farmed in Kilrush and Poulnasharry. While the aquaculture industry is well established in both the Shannon Estuary and Galway Bay significant potential exists for its further development. Aquaculture on the Clare coast is also a diverse activity and in recent years there has been an increase in the production of seaweed-based cosmetics and food production based on the harvesting of sea vegetables. Clare County Council will support such developments as a means of diversifying the economy and creating employment in coastal areas. Aquaculture can be highly beneficial to rural and coastal communities, bringing economic growth to areas that can otherwise be isolated from the primary employment centres. County Clare aims to take advantage of the increasing demand for aquaculture products in order to promote the economic wellbeing of the county. It is important to ensure that the benefits of the industry are balanced with environmental considerations and Clare County Council will have regard to the advice and guidance of Inland Fisheries Ireland, the Water Framework Directive Office, the National Marine Planning Framework, the Marine Planning Policy Statement and the Maritime Area Planning Act 2021 in assessing proposed developments and their potential environmental impacts. This topic is also addressed in Section 12.9 Commercial Fishing/Aquaculture on the Estuary. Development Plan Objective: Aquaculture CDP 13.7 It is an objective of Clare County Council: To support and promote the sustainable development of the aquaculture sector in order to maximise its contribution to employment and growth in coastal communities where it can be demonstrated that the development will not have significant adverse effects on the environment, including the333
  8. __________________________________________________________________________________ Clare County Development Plan 2023-2029 13 | Marine, Coastal and Island Management integrity of the Natura 2000 network, residential amenity or visual amenity. 13.11 Shellfish Designations The European Union’s Shellfish Waters Directive (2006/113/EC) aims to protect or improve shellfish waters in order to support shellfish life and growth. It is designed to protect the aquatic habitat of bivalve and gastropod molluscs, which include oysters, mussels, cockles, scallops and clams. The Directive requires Member States to designate waters that need protection in order to support shellfish life and provide for the establishment of pollution reduction programmes for the designated waters. There are five locations along the County Clare coastline that are identified as Designated Shellfish Waters, and a Pollution Reduction Programme is in place for each of these areas. These are: • Galway Bay area: o Aughinish Bay o Ballyvaughan Poulnaclough Bay • Shannon Estuary area: o West Shannon Carrigaholt o West Shannon Poulnasharry Bay o West Shannon Rinevella Generally, development is required to have regard to the requirements of the Shannon and Western River Basin Management Plans as these plans make full reference to the protected shellfish waters. Developments adjoining, or in the vicinity of, designated Shellfish Waters must have regard to that designation and ensure that development does not have a negative impact on the quality of the water and European sites in the area. Development Plan Objective: Shellfish Waters Directive CDP 13.8 It is an objective of Clare County Council: To work will local communities, relevant stakeholders and the Department of Agriculture, Food and the Marine to ensure the proper and successful implementation of the Shellfish Waters Directive on the County Clare coastline. 13.12 Ports, Jetties, Harbours, Quays and Piers Clare County Council recognises that the maintenance, improvement and in some cases, construction of new piers and harbours is essential in coastal and estuarine areas. These structures, such as the new pier in Doolin are needed to facilitate the activities of the fishing, tourism and commercial industries on which many coastal communities rely. Clare County Council will encourage the development of new harbour facilities along the Shannon Estuary334
  9. __________________________________________________________________________________ Clare County Development Plan 2023-2029 13 | Marine, Coastal and Island Management in order to take advantage of the deepwater conditions in the area in accordance with the Strategic Integrated Framework Plan for the Estuary. The upgrade of other piers on the Estuary and along the Clare coast to facilitate additional marine transport will also be supported. Development Plan Objective: Ports, Jetties, Harbours, Quays and Piers CDP 13.9 It is an objective of Clare County Council: a) To seek investment under the Fishery Harbour and Coastal Infrastructure Development Programme and to maintain and improve the network of piers and harbours for which it has responsibility; b) To facilitate the maintenance and improvements of the existing port, jetty, harbour, quay and pier infrastructure within the county and to safeguard lands within their vicinity from inappropriate uses that may compromise their longterm economic and recreational potential and environmental setting; c) To ensure safe and convenient access to the water from marinas, piers, harbours and slipways for the purposes of public transport, industry, commerce, sea rescue, tourism, aquaculture and recreation; d) To encourage and facilitate the use and development of existing port/pier/harbour facilities for commercial fishing in compliance with the requirements of the EU Habitats Directive; and, e) To support development which provides for safety at sea, navigation and maritime search and rescue operations and to ensure that they are key considerations in the assessment of development proposals, in particular, the development or expansion of port facilities, or the development of infrastructure in or adjacent to the maritime area including335
  10. __________________________________________________________________________________ Clare County Development Plan 2023-2029 13 | Marine, Coastal and Island Management offshore wind farms and other temporary or permanent fixed infrastructure. 13.13 Coastal Marina Developments Marina developments have grown in importance and are necessary to cater for the requirements of pleasure crafts such as yachts and cruisers. These marinas provide services for tourists and local residents involved in water-based activities and are also an important mechanism through which visitors can access local towns and villages and their associated services and amenities. Development Plan Objective: Coastal Marina Developments CDP 13.10 It is an objective of Clare County Council: To facilitate the sustainable development of marinas and associated amenities at appropriate locations along the Atlantic coastline, ensuring that such developments shall not adversely affect species and habitats designated by the Birds and Habitats Directives and is in compliance with all relevant environmental legislation as outlined in Objective CDP 3.3 of this plan. 13.14 Coastal Erosion and Flood Defence The rising sea levels, increased storm frequency and wave energy associated with climate change can increase the rate of erosion, wave damage, coastal flooding amongst other impacts. County Clare is particularly susceptible to the impacts of these coastal changes and predicted rises in sea levels will compound these issues in the future. To assist in building climate resilience in coastal areas it is necessary to actively manage the coastal environment and the risks associated with these anticipated changes. It is also necessary to ensure that new developments take account of future risk from coastal erosion, storm surges and sea level rise and, where possible, employ ecosystem-based adaptation actions to manage climate risk and build resilience to climate change. Clare County Council has prepared a Strategic Flood Risk Assessment, contained in Volume 10 of this plan, which has informed the plan and which identifies areas at risk from flooding and indicates the level of risk associated with each area.336

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.

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