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 15 | Biodiversity, Natural Heritage and Green Infrastructure Development Plan Objective: European Sites CDP 15.3 It is an objective of Clare County Council: a) To afford the highest level of protection to all designated European sites in accordance with the relevant Directives and legislation on such matters; b) To require all planning applications for development that may have (or cannot rule out) likely significant effects on European Sites in view of the site’s Conservation Objectives, either in isolation or in combination with other plans or projects, to submit a Natura Impact Statement in accordance with the requirements of the EU Habitats Directive and the Planning and Development Act 2000, as amended; and, c) To recognise and afford appropriate protection to any new or modified SPAs or SACs that are identified during the lifetime of this development plan through the planning application process bearing in mind proposals for development outside of a European site may also have an indirect effect. 15.2.3 Appropriate Assessment It is a requirement that future developments must not have or perpetuate adverse effects on the conservation objectives and/or integrity of a European site. The conservation objectives for some protected sites require not just the maintenance of favourable conservation condition but also the restoration of favourable conservation condition of the qualifying interests. In accordance with the EC (Birds and Natural Habitats) Regulations 2011, any plan or project which is not directly connected with or necessary to the management of a European site, must be screened by the Council for appropriate assessment to establish if there is potential for significant effects on such sites and to determine if an appropriate assessment is required. Having considered the conclusions of the Natura Impact Report (for plans) or Natura Impact Statement (for projects), the competent national authorities shall agree to the plan or project if they are satisfied that it will not adversely affect the integrity of the site(s) concerned. In the instance where a Natura Impact Report/Statement indicates that there is an adverse effect on the integrity of a site (and in the absence of alternative solutions), in line with Article 6(4) of the Habitats Directive the plan or project can only proceed if there are ‘Imperative Reasons of Overriding Public Interest’ (IROPI), including those of a social or economic nature. In such cases, the Member State is required to take all compensatory measures necessary to ensure that the overall coherence of the Natura 2000 network is protected. It shall also inform the European Commission of the compensatory measures adopted and await the opinion of the Commission regarding the proposed plan or project. Any such project or plan which is identified as having adverse effects on the integrity of a European site and has made the case367
- __________________________________________________________________________________ Clare County Development Plan 2023-2029 15 | Biodiversity, Natural Heritage and Green Infrastructure for IROPI should be guided by the European Commission’s guidance on the application of Article 6(4) of the Habitats Directive1. Development Plan Objective: Requirement for Appropriate Assessment CDP 15.4 It is an objective of Clare County Council: a) To implement Article 6(3) and where necessary 6(4) of the Habitats Directive and to ensure that Appropriate Assessment is carried out in relation to works, plans and projects likely to impact on European sites (SACs and SPAs), whether directly or indirectly or in combination with any other plan(s) or project(s); and, b) To have regard to Appropriate Assessment of Plans and Projects in Ireland – Guidelines for Planning Authorities 2009 or any updated version. 15.2.4 Natural Heritage Areas (NHAs) Natural Heritage Areas are designated sites of national importance for habitats and species in Ireland. NHAs are established under the Wildlife (Amendment) Act, 2000, but are conserved and protected under the Wildlife Acts 1976 - 2000. A list of Natural Heritage Areas in County Clare is contained in Appendix 3 of this plan. Development Plan Objective: Natural Heritage Areas (NHAs) and proposed Natural Heritage Areas (pNHAs) CDP 15.5 It is an objective of Clare County Council: a) To actively promote the conservation and protection of areas designated as NHAs (including proposed sites) and to only consider proposals for development within or affecting an NHA where it can be clearly demonstrated that the proposed development will not have a significant adverse effect on the NHA or pNHA; and, b) To identify and afford appropriate protection to any new, proposed or modified NHAs identified during the lifetime of the development plan. 15.2.5 County Geological Sites There are areas in County Clare that are of national geological importance in terms of being best representative examples of particular formations or features. The diversity of these 1 http://ec.europa.eu/environment/nature/natura2000/management/docs/art6/guidance_art6_4_en .pdf368
- __________________________________________________________________________________ Clare County Development Plan 2023-2029 15 | Biodiversity, Natural Heritage and Green Infrastructure features is set out in ‘Banner Rocks – The Geological Heritage of County Clare’ (2014) publication. The Geological Survey of Ireland (GSI) has identified some of the most important County Geological Sites as part of their Irish Geological Heritage Programme and a list of these sites is included in Appendix 3. Development Plan Objective: County Geological Sites CDP 15.6 It is an objective of the development plan: a) To recognise the importance of Geological Heritage Sites and to conserve, manage and where possible to enhance the character and integrity of these sites and to promote increased understanding and awareness of the natural heritage of the county; and, b) To promote and facilitate the development of geo-tourism in County Clare in accordance with Development Plan Objectives CDP 15.3 and CDP 15.4. 15.2.6 Other Sites for Environmental and Ecological Protection There are a number of other sites in the county such as the Burren National Park, nature reserves and wildfowl sanctuaries (listed in Appendix 3) that are designated for environmental and/or ecological protection reasons. These designations are required to ensure the protection and conservation of flora and fauna and for the significant amenity and educational resource value of the sites. Development Plan Objective: Burren National Park, Wildlife Sanctuaries and Nature Reserves CDP 15.7 It is an objective of Clare County Council: a) To protect the Burren National Park, all wildlife sanctuaries, nature reserves and all species (including Annex I habitats and birds and Annex II species) designated under the Wildlife Acts 1976-2000 and EC (Birds and Natural Habitats) Regulations 2011; b) To ensure that the amenities of the Burren National Park, wildlife sanctuaries and nature reserves are protected and that their educational values are enhanced and promoted; and, c) To work with local communities, landowners, the National Parks and Wildlife Service and other relevant parties to protect, manage where appropriate, enhance and promote sites of ecological importance across the county in accordance with Development Plan Objectives CDP 15.3 and CDP 15.4.369
- __________________________________________________________________________________ Clare County Development Plan 2023-2029 15 | Biodiversity, Natural Heritage and Green Infrastructure 15.2.7 Non-designated Sites and Biodiversity County Clare has many important biodiversity sites which are not designated as European sites or (p)NHA but their ecological value is of high importance as they host important plant and animal species or their habitats (including Annex I habitats, Annex I birds and Annex II and IV species). The Council has carried out detailed field-by-field habitat mapping for almost half of the county, creating an important record of local biodiversity. During the lifetime of this Plan the Council will aim to complete the mapping in the remaining areas, namely North Clare (excluding The Burren area), West Clare and the Slieve Aughty area. The All-Ireland Pollinator Plan 2021-2025 (AIPP) is a strategy to address the dramatic insect declines across Europe and in Ireland. This is a shared plan of action to create an Ireland where pollinators can survive and thrive. Clare County Council signed up as partners to the All-Ireland Pollinator Plan in February 2020. The AIPP recognises that councils play a leading role in making their land more pollinator friendly and inspiring others to also take action. As a signatory to the plan, Clare County Council is committed to implementing the 30 actions listed in ‘Councils: actions to help pollinators’ guidance document and to promote the implementation of the plan in all its operations. The Council will encourage new infrastructure projects to demonstrate a high degree of permeability for wildlife, to allow the movement of species and to prevent the creation of barriers to wildlife and aquatic life in the wider countryside. Development Plan Objective: Non-Designated Sites and Biodiversity CDP 15.8 It is an objective of Clare County Council: a) To ensure the protection and conservation of areas, sites, species and ecological networks/corridors of biodiversity value outside of designated sites throughout the county and to require an ecological assessment to accompany development proposals likely to impact on such areas or species; b) To ensure that available habitat mapping is taken into consideration in any ecological assessment undertaken; c) To complete the Habitat Mapping of the county (in accordance with A Guide to Habitats in Ireland - The Heritage Council 2000) in order to identify and record the natural habitats of the county at a detailed level and afford appropriate protection to areas of importance as required; and, d) To implement and monitor the actions as set out in the Clare Biodiversity Action Plan and the National Biodiversity Action Plan.370
- __________________________________________________________________________________ Clare County Development Plan 2023-2029 15 | Biodiversity, Natural Heritage and Green Infrastructure Development Plan Objective: Natural Heritage and Infrastructure Schemes CDP 15.9 It is an objective of Clare County Council: To be responsive to environmental challenges and to ensure the protection of natural heritage when considering proposed service infrastructure and proposed road works (both realignments and new roads) located in, in close proximity to, or nearby protected species or sites of importance in terms of biodiversity. 15.2.8 Environmental Impact Assessment Environmental Impact Assessment (EIA) is a process that provides for the evaluation of the full environmental consequences and impacts of development actions in a systematic, holistic and multidisciplinary way and is a critical tool in managing and clarifying the complex interrelationships between development and the environment. Environmental assessments consider alternative development proposals, assess the impacts of these alternatives, propose measures to avoid, mitigate against or compensate for adverse impacts and in each case lead to the production of an Environmental Impact Assessment Report. This report is submitted with a planning application or, if deemed necessary, may be requested after an application has been submitted. The requirement for EIA is set out in Part X of the Planning and Development Act 2000, as amended. Development Plan Objective: Environmental Impact Assessment CDP 15.10 It is an objective of the development plan: a) To implement the EIA Directive, ensuring that all elements/stages or components of the project are included in one overall assessment and all reasonable alternatives are taken into consideration in choosing the option with the least environmental impact; b) To have regard to ‘Guidelines for Planning Authorities and An Bord Pleanála on carrying out Environmental Impact Assessments’ (2018) when considering proposals for which an EIA is required; and, c) To ensure full compliance with the requirements of the EU Habitats Directive, SEA Directive and associated legislation/regulations, including the associated European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011), European Communities (Environmental Assessment of Certain Plans and Programmes) regulations 2004-2011, and the European Communities (Environmental Impact Assessment)371
- __________________________________________________________________________________ Clare County Development Plan 2023-2029 15 | Biodiversity, Natural Heritage and Green Infrastructure Regulations 1989 – 2011 (or any updated/superseding legislation). 15.2.9 Contaminated Lands The Environmental Protection Agency state that ‘contaminants’ are substances that are in, on or under the land and that have the potential to adversely affect health or to cause pollution of the wider environment and that ‘contaminated land’ is any land that is impacted by contamination. Development Plan Objective: Brownfield Site Regeneration and Contaminated Land CDP 15.11 It is an objective of Clare County Council: a) To ensure that, prior to the redevelopment of a site previously known to include an operation with the potential for high environmental impact such as petrol stations, gasworks, landfills or coal yards, due diligence is carried out on the site to: • Consider the ecological aspects of soil and groundwater contamination; • Prepare a site risk assessment and where deemed necessary a waste plan and a site aftercare and remedial action plan; and, b) Ensure that contaminated soil is disposed of in accordance with the Waste Management Regulations (S.I.821 of 2007). 15.2.10 Promoting and Protecting Biodiversity and Wildlife Corridors Wildlife and biodiversity is not confined to statutorily designated sites but rather is dispersed throughout County Clare’s urban and rural areas and beyond. The promotion of biodiversity has become increasingly important over recent years and the protection of wildlife corridors and stepping stones (including those covered by Article 10 of the Habitats Directive) are of particular importance. These areas assist the movement of wildlife from one area to another for breeding, hibernation, in search of food etc and are also essential for migration, dispersal and genetic exchange of wild species. There are a large number of Lesser Horseshoe Bat (Rhinolophus hipposideros) and other bat sites throughout County Clare. All bat species and their breeding and resting places (roosts) are legally protected in Ireland under the Wildlife Acts 1976-2012. It is particularly critical that wildlife corridors, tree lines, hedgerows and other landscape features within the vicinity of a known bat roost are retained to allow for the free movement of these bats and other species within and through the surrounding area.372
- __________________________________________________________________________________ Clare County Development Plan 2023-2029 15 | Biodiversity, Natural Heritage and Green Infrastructure Development Plan Objective: Biodiversity and Habitat Protection CDP 15.12 It is an objective of Clare County Council: a) To protect and promote the sustainable management of the natural heritage, flora and fauna of the county both within protected areas and in the general landscape through the promotion of biodiversity, the conservation of natural habitats, the enhancement of new and existing habitats, and through the integration of Green Infrastructure (GI), Blue Infrastructure and ecosystem services including landscape, heritage, biodiversity and management of invasive and alien species into the development plan; b) To promote the conservation of biodiversity through the protection of sites of biodiversity importance and wildlife corridors, both within and between the designated sites and the wider plan area; c) To support the implementation of the All Ireland Pollinator Plan, National Biodiversity Action Plan and National Raised Bog SAC Management Plan; d) To ensure there is no net loss of potential Lesser Horseshoe Bat feeding habitats, treelines and hedgerows within 2.5km of known roosts; e) To implement and monitor the actions as set out in the Clare County Biodiversity Plan; and, f) To promote biodiversity net gain in any new plans/projects/policies to promote development that leaves biodiversity in a better state than before. 15.2.11 Urban Ecology Cities, towns and villages are often located near biodiversity hotspots such as rivers, wetlands, flood plains and the coast. Urban areas have habitats such as parks and water features which support wildlife and the capacity of these areas to support biodiversity can be enhanced through improved wildlife-friendly management. Private gardens and buildings can also play an important role in supporting biodiversity and providing important habitats and wildlife corridors in urban areas whilst also improving the public realm and quality of life. Development Plan Objective: Urban Ecology CDP 15.13 It is an objective of Clare County Council: a) To encourage and, where appropriate, enhance the provision of biodiversity features in urban areas through the preparation of local areas plans/settlement plans, green373
- __________________________________________________________________________________ Clare County Development Plan 2023-2029 15 | Biodiversity, Natural Heritage and Green Infrastructure infrastructure strategies, ecosystem services, and through the development management process; b) To support investment in the ongoing maintenance and enhancement of facilities in existing green infrastructure and to support the provision of new public, parks, green space corridors and other public open spaces in tandem with projected population growth to create green, healthy settlements throughout the county; c) To ensure that plans for new public parks and associated facilities are informed by environmental assessment and green infrastructure objectives; d) To ensure that any new lighting proposals and upgrades to existing lighting infrastructure are designed in a manner which considers any sensitive species within the area, such as bats and their roosts; and, e) To encourage (where appropriate) swift nesting areas in new or retrofitted urban buildings and to protect existing nesting locations. 15.2.12 Habitat Fragmentation Development and infrastructure requirements such as new roads and large industrial, retail and residential developments have had negative impacts on biodiversity through a loss of species and the fragmentation of habitats, commuting corridors and green infrastructure networks. To ensure that existing habitats are maintained, existing natural features such as hedgerows must be incorporated into development proposals and only where the loss of such features is unavoidable will compensatory provision be considered as a response. Where fragmentation has already taken place, works to remediate and enhance the connectivity and integrity of the disturbed habitats must be implemented. Development Plan Objective: Habitat Fragmentation and Green Infrastructure Corridors CDP 15.14 It is an objective of Clare County Council: a) To ensure that development proposals support and enhance the connectivity and integrity of habitats in the plan area by incorporating natural features into the design of development proposals; and, b) To ensure that the potential impacts upon the migratory routes of fauna including birds and bats and the movement of species between European sites are fully considered within the relevant ecological assessment. These assessments shall fully consider flight collision risks, habitat fragmentation and barrier risk as required.374
- __________________________________________________________________________________ Clare County Development Plan 2023-2029 15 | Biodiversity, Natural Heritage and Green Infrastructure 15.2.13 Biodiversity on Local Authority Lands Clare County Council owns and manages lands throughout the county and these lands include public parks, walkways, areas which are designated for the protection of biodiversity and other areas which have biodiversity value. A number of these sites are specifically managed for nature conservation and the Council is seeking to improve its approach in this regard through the application of best practice in relation to biodiversity and habitat protection and the implementation of the objectives and guidance as set out in the County Clare Heritage Plan 2017-2023, the County Clare Biodiversity Plan 2017-2023, the Biodiversity Manual and other plans such as the Pollinator Plan and the National Biodiversity Action Plan. Biodiversity Demonstration Sites In 2020 Clare County Council completed a ‘Biodiversity Demonstration Sites’ project 2020 from funding received from the Heritage Council and the National Biodiversity Action Plan. This resulted in area based, tangible demonstration of best practice in the management of public land for the benefit of biodiversity and nature conservation, involving all the relevant stakeholders. The following ten sites were chosen and surveyed, with species lists compiled and final reports and recommendations on their management distributed to the relevant stakeholders: Tim Smythe Park, Ennis Shannon Wetland, Shannon Green Area - Cooraclare Road, Kilrush Two Mile Gate, Ballycuggaran, Killaloe Public Park - Miltown Malbay Liscannor Road Junction, Lahinch Ennistymon to Lahinch Road Ennistymon Picnic Area – Lahinch Road Riverside Park, Scarriff Ballycannon Graveyard, Meelick Development Plan Objective: Biodiversity on Local Authority Lands CDP 15.15 It is an objective of Clare County Council: a) To support the implementation of positive conservation management on lands which are owned or managed by Clare County Council; b) To protect and where possible enhance the biodiversity value of land owned and managed by Clare County Council; c) To support national policy to create new woodlands on public land and participate in the Creation of Woodlands on Public Lands Scheme and any subsequent schemes subject to the appropriate ecological assessments; d) To create new native woodlands on public lands which will be carried out in accordance with proper planning and sustainable development in order to ensure important habitats such as Wetlands (which are key carbon375
- __________________________________________________________________________________ Clare County Development Plan 2023-2029 15 | Biodiversity, Natural Heritage and Green Infrastructure sequestration locations) are not lost due to their development; and, e) To support the use of natural approaches to flood management and control on lands owned or managed by or on behalf of Clare County Council subject to the appropriate ecological assessments. 15.2.14 Inland Waters, River Corridors and Riparian Zones There is a multiplicity of surface water systems located around the county, many of which have been designated as protected sites for their unique flora and fauna and are of national and international repute. Management of river corridors and riparian zones is vitally important, not just from an ecological perspective, but also from a practical and amenity standpoint. Our rivers, lands and groundwater features such as turloughs are abundant with biodiversity and act as important conduits for the movement of both flora and fauna. Alterations or physical interventions to these water bodies such as culverting, vegetation removal and inclusion of waterside walking/cycling paths can have negative impacts on established ecosystems, species and the natural habitat, as well as diminishing the quality of the environment for human beings. Riparian buffers are vegetated areas near water bodies which help to shade and partially protect the water body from the impact of adjacent land uses. They play a key role in protecting/improving water quality and are important linear features in the landscape which are essential for connectivity. Inland Fisheries Ireland has issued guidance relating to managing development in the riparian zone entitled ‘Planning For Watercourses In The Urban Environment - A Guide to the Protection of Watercourses through the use of Buffer Zones, Sustainable Drainage Systems, Instream Rehabilitation, Climate / Flood Risk and Recreational Planning’. The Shannon Regional Fisheries Board has also issued a guidance document entitled ‘Development and Management of the Riparian Zone’ which outlines an integrated watercourse protection strategy. A key requirement of this integrated watercourse protection strategy is the set-aside of sufficient land space along the river margin or corridor. The recommended width for larger river channels (>10m) is 35m to 60m and for smaller channels (<10m) is 20m or greater. The determined width should be tailored to site-specific river reach or lakeshore characteristics and their associated habitats. It is important that the buffer zone is large enough to protect the ecological integrity of the river (including emergent vegetation), the riparian zone (bankside vegetation including trees) and takes into account the human history of the area.376
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.