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Development plan · Dún Laoghaire-Rathdown County Council

Dún Laoghaire-Rathdown County Development Plan 2022–2028 – Written Statement

The council's development plan written statement: its strategy, policies, objectives and development standards. Variations adopted since are not in this text.

Dún Laoghaire-Rathdown County Council · 2022–2028 · 380 pages

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  1. on the Information to be contained in Environmental Impact Assessment Reports 2017, and the Appropriate Assessment Guidance 2010. M Catchment and Water Resource Management Plans, including the National River Basin District Management Plan 2018-2021. M Biodiversity Plans and guidelines, including the forthcoming DLR County Biodiversity Action Plan 2021-2025, the National Biodiversity Action Plan 2017-2021, and the EU Biodiversity Strategy 2030. M Ireland’s Environment 2016 (EPA), and to make provision, where appropriate, to address the report’s goals and challenges. 8.7.1.3 Policy Objective GIB20: Biodiversity Plan It is a Policy Objective to support the provisions of the forthcoming DLR County Biodiversity Action Plan, 2021-2025. The DLR County Biodiversity Action Plan has been written with the EU Biodiversity Strategy 2030, and the National Biodiversity Action Plan 2017-2021, in mind along with other plans and policies. As outlined in the National Biodiversity Action Plan, 2017-2021, Ireland’s Vision for Biodiversity is “that biodiversity and ecosystems in Ireland are conserved and restored, delivering benefits essential for all sectors of society and that Ireland contributes to efforts to halt the loss of biodiversity and the degradation of ecosystems in the EU and globally”. The EU Biodiversity Strategy for 2030 announced in May 2020, is a comprehensive, ambitious, longterm plan for protecting nature and reversing the degradation of ecosystems. It aims to put Europe’s biodiversity on a path to recovery by 2030, with benefits for people, the climate, and the planet. A core part of the European Green Deal, the EU Biodiversity Strategy will also support a green recovery following the current pandemic. The forthcoming DLR County Biodiversity Action Plan, 2021-2025, aims to incorporate the aims of these EU and National Biodiversity plans into objectives and actions. This will be reflected in the primary features of the forthcoming DLR County Biodiversity Action Plan, which will aim: M To translate International, European, and Irish policies and obligations into effective local action on the ground. M To provide a framework for the conservation of biodiversity of International, National, and local importance. M To collect biodiversity information on the County and assess our ecosystem services. M To raise public awareness of biodiversity, ecosystems, and ecosystem services, and to coordinate existing and new initiatives. M To improve resilience of biodiversity to climate change and, thereby, improve human resilience to climate change. M To provide a basis for monitoring the success of biodiversity conservation at an International, National, and local level. The implementation of the current DLR County Biodiversity Action Plan has resulted in the completion of a number of projects/studies that have increased the overall level of knowledge, awareness and understanding of the biodiversity of the County. These projects/studies are listed in Appendix 9, and have been used to produce the DLR Ecological Network Map (Refer to Supplementary Map B1). The Ecological Network Map visually demonstrates the ecological network that currently exists across the County. The Council will undertake necessary ecological surveys, and update the habitat and species mapping for the County. 8.7.1.4 Policy Objective GIB21: Designated Sites It is a Policy Objective to protect and preserve areas designated as proposed Natural Heritage Areas, Special Areas of Conservation, and Special Protection Areas. It is Council policy to promote the maintenance and as appropriate, delivery of ‘favourable’ conservation status of habitats and species within these areas. There are a range of sites in the County that are designated under National and EU legislation. The National Parks and Wildlife Service (NPWS) designates Special Protection Areas (SPAs), and Special Areas of Conservation (SACs), under the EC Birds and Habitats Directives, respectively. Internationally Protected Areas: There are a number of areas designated in DLR to conserve habitats and species of European importance pursuant to the EU Habitats and Birds Directives The National Parks and Wildlife Service (NPWS) designates Special Protection Areas (SPAs), and Special Areas of Conservation (SACs), under the EC Birds and Habitats Directives respectively. SPAs are designated for wild birds listed on Annex I of the EC Birds Directive. SACs are designated for habitats listed on Annex I, and for species listed on Annex II, of the EC Habitats Directive. SPAs and SACs form part of a European network of designated sites called European sites. 173Green Infrastructure and BiodiversityChapter 8
  2. The Council is also committed to avoiding pollution or deterioration of important bird habitats outside SPAs (as per Article 4(4) of the Birds Directive). In line with the requirements of Article 3 of the Habitats Directive, the Council will endeavour to improve the ecological coherence of European sites by maintaining, and where appropriate, developing, further features of the landscape, which are of importance for wild fauna and flora. The Council shall endeavour to engage with the National Parks and Wildlife Service to ensure Integrated Management Plans are prepared for all European sites, and ensure that plans are fully integrated with all land use and water management plans in the County. It is the intention that such plans are practical, achievable and sustainable and have regard to all relevant ecological, cultural, social and economic considerations and with special regard to local communities. Appropriate Assessment (AA), Article 6 of the Habitats Directive requires that the impacts of any plans or projects likely to affect European sites are assessed by the Planning Authority. In accordance with ‘Appropriate Assessment of Plans and projects in Ireland, Guidance for Planning Authorities’, any plan or project that has the potential to impact on European sites must undergo the Appropriate Assessment (AA) process (Refer to Section 12.1.2.2 of the Plan). Beyond the Appropriate Assessment part of the process, if adverse impacts remain even after mitigation measures have been considered, then alternatives may be examined or in the absence of any alternatives, there is the final stage of the process, where a proponent may request permission for Imperative Reasons of Over-Riding Public Interest (IROPI), subject to the strict requirements of Article 6(4) of the Habitats Directive. Nationally Protected Areas: Under the Wildlife (Amendment) Act, 2000 proposed Natural Heritage Areas (pNHAs) have been designated to conserve species and habitats of national importance. This includes some of our few remaining native woodlands such as Fitzsimons Woods, and Loughlinstown Woods, along with wetland sites such as Ballybetagh Bog, and important coastal areas such as the Dalkey Coastal Zone, and Killiney Hill. There is also a Statutory Nature Reserve at Knocksink Woods, that straddles the border of DLR and Wicklow. These areas, established under the Wildlife Act, are areas where nature conservation is the primary objective and takes precedence over all other activities. The Council will normally only grant permission where it is clearly demonstrated that a proposal will have no significant adverse impact on the habitats, and species of interest in the designated area, and its ecological integrity. All designated sites in the County are shown on the Development Plan Maps, and are set out in Table 8.3 below. Table 8.3: Designated Sites in DLR Site no Site name SPA pNHA SAC pNHA Site ID 00210 South Dublin Bay SAC 3 3 004024 South Dublin Bay and River Tolka Estuary SPA (includes Booterstown Marsh) 3 Site 2 004172 Dalkey Islands SPA 3 001205 Booterstown Marsh pNHA 3 3 Site 1 001206 Dalkey Coastal Zone and Killiney Hill pNHA 3 Site 3 001753 Fitzsimons Wood pNHA 3 Site 4 001211 Loughlinstown Woods pNHA 3 Site 6 001207 Dingle Glen pNHA 3 Site 5 001202 Ballybetagh Bog pNHA 3 Site 8 000713 Ballyman Glen SAC 3 3 Site 9 00725 Knocksink Woods SAC (also a Nature Reserve) 3 3 Site 7 002122 Wicklow Mountains SAC 3 3 003000 Rockabill to Dalkey Islands SAC 3 Note: SPA -Special Protection Area (Birds), pNHA - Proposed Natural Heritage Area, SAC - Special Area of Conservation. 174dlrcoco | County Development Plan 2022-2028
  3. 8.7.1.5 Policy Objective GIB22: Non- Designated Areas of Biodiversity Importance It is a Policy Objective to protect and promote the conservation of biodiversity in areas of natural heritage importance outside Designated Areas and to ensure that notable sites, habitats and features of biodiversity importance - including species protected under the Wildlife Acts 1976 and 2000, the Birds Directive 1979, the Habitats Directive 1992, Birds and Habitats Regulations 2011, Flora (Protection) Order, 2015, Annex I habitats, local important areas, wildlife corridors and rare species - are adequately protected. Ecological assessments will be carried out for all developments in areas that support, or have potential to support, features of biodiversity importance or rare and protected species and appropriate mitigation/ avoidance measures will be implemented. In implementing this policy, regard shall be had to the Ecological Network, including the forthcoming DLR Wildlife Corridor Plan, and the recommendations and objectives of the Green City Guidelines (2008) and ‘Ecological Guidance Notes for Local Authorities and Developers’ (Dún Laoghaire-Rathdown Version 2014). The biodiversity of DLR is not just contained within specifically Designated Areas but is found throughout the County. Many areas that do not have formal protection under legislation still possess a level of natural heritage importance, which needs to be recognised and protected, where possible. These areas include woodlands, wetlands, semi- natural grasslands, hedgerows, trees, rivers, streams, private gardens, and other urban green spaces. Other areas of important biodiversity in DLR can include graveyards, cemeteries and the green spaces associated with institutional lands. The Council recognise the importance of these areas as buffer zones, and ‘linkages’, between formally designated ecological sites. A number of surveys of non-designated sites have been carried out since 2010. Sites which have been assessed and identified as making an important contribution to the biodiversity resource of DLR at the National, County, and local level have been incorporated in the DLR Ecological Network, and are detailed in Supplementary Map B1. The wildlife corridors will be depicted in the forthcoming Dún Laoghaire- Rathdown Biodiversity Action Plan 2021-2025. It is a desirability to adhere to the wildlife corridors as set out in the Biodiversity Action Plan 2021-2025 The Council will ensure that the impact of new developments on biodiversity is minimized and will seek to include measures for the enhancement Fernhill Park 175Green Infrastructure and BiodiversityChapter 8
  4. of biodiversity in all proposals for large urban developments. The ‘Green City Guidelines’ prepared by UCD Urban Institute Ireland, Fingal County Council and DLR County Council provides general guidance and advice on how best to retain, and enhance biodiversity in new medium-to- high density urban developments. In accordance with Article 4(4) of the Birds Directive, the Council will endeavour to ensure the avoidance of pollution or deterioration of important bird habitats outside formally designated SPAs. The Council will also continue to support swift species and other important bird species through the encouragement of the provision of swift nest boxes in develpoment(s), with advice from Swift Conservation Ireland. The four Dublin Local Authorities have also published ‘Ecological Guidance for Local Authorities and Developers’, which aims to provide both developers and Local Authority staff with concise factual information on the best approach to deal with certain specific ecological issues. 8.7.1.6 Policy Objective GIB23: County- Wide Ecological Network It is a Policy Objective to protect the Ecological Network which will be integrated into the updated Green Infrastructure Strategy and will align with the DLR County Biodiversity Action Plan. Creating this network throughout the County will also improve the ecological coherence of the Natura 2000 network in accordance with Article 10 of the Habitats Directive. The network will also include nondesignated sites. The Council supports and recognises the importance of wildlife corridors, green infrastructure, and green initiatives. The Council also recognises the important role many of the wildlife corridors and biodiversity areas play in relation to improving resilience to climate change, both for biodiversity and for our communities, providing many immediate benefits to society and the economy. Regard should be had to Article 10 of the Habitats Directive, which references ecological areas that link European sites. Many habitats of conservation concern - particularly designated sites - are ‘linked’ to the surrounding landscape by natural and man-made features, such as water courses (rivers, streams, canals, and drainage ditches), hedgerows, treelines, roads and railways. It is important that areas of conservation concern are not considered in isolation. The linkages between buffer zones around such areas must also be protected, to ensure the continued migration of species and genetic diversity throughout the wider County. Issues related to connectivity, including maintaining and establishing connections between protected areas, play an integral role in land-use planning. The County Development Plan seeks to improve the overall ecological template in DLR, by enhancing connectivity between small fragmented areas and remedying gaps in the connectivity both within wildlife corridors, and also between important areas. National and local studies undertaken through the implementation of the DLR Biodiversity Plan, have allowed for ongoing assessments of the current status and nature conservation value of notable sites, habitats and species in the County. The information collected to date (by way of ecological surveys) has been used to inform the development and updating of the Ecological Network for the County. The forthcoming Wildlife Corridor Plan will also inform the Ecological Network. The specific habitats identified include treelines, hedgerows, scrub and woodland, watercourses, and semi-natural areas such as mixed broadleaved woodland, coastal habitats, which are mapped and are shown on The Ecological Network Map (Refer to Supplementary Map B1). A number of other specific Wild flowers at Marlay Park 176dlrcoco | County Development Plan 2022-2028
  5. Policies throughout the Plan are aimed at affording further protection of these features (refer also to Policy Objectives GIB24 and GIB25 below). The DLR Ecological Network includes: M Designated sites (SACs, SPAs, and pNHAs); M Non-designated sites of high nature conservation value and locally important areas (such as non-designated sites of National/ County importance supporting Annex I habitats, Annex II species, rare and protected flora and high quality semi-natural habitats important at the County and local level); M Non-designated sites of local conservation value (public parks, smaller local woodlands etc.); M Forthcoming Wildlife Corridors that include our rivers and streams and associated habitats, hedgerows, pollinator areas and coastal habitats. It is further recognised that the maintenance and development of the Ecological Network will play a future role in climate change adaptation. An Ecological Network throughout the County linked to, and with adjoining land areas, will allow for species migration which will inevitably take place over time as a climate change adaptation process. 8.7.1.7 Policy Objective GIB24: Rivers and Waterways It is a Policy Objective to maintain and protect the natural character and ecological value of the river and stream corridors in the County and where possible to enhance existing channels and to encourage diversity of habitat and nature-based solutions that incorporate biodiversity features. It is also policy (subject to the sensitivity of the riverside habitat), to provide public access to riparian corridors, to promote improved passive recreational activities. This objective aims to protect rivers, streams and other watercourses and maintain them in an open state capable of providing suitable habitat for fauna and flora, including fish. Existing County flood plain management policy seeks to limit development in identified floodplains, and to preserve riparian corridors. Development proposals in riparian corridors will be considered providing, where practicable, they: M Dedicate a minimum of 10m each side of the water’s edge for amenity and biodiversity and up to 30m for areas where the ecosystem functioning of the catchment requires it, (where practicable). Stream in Marlay Park 177Green Infrastructure and BiodiversityChapter 8
  6. M Ensure no development - including clearance and storage of materials – takes place within a minimum distance of 10m measured from each top of bank of any river, stream, or watercourse, (where practical). M Preserve the biodiversity of the site. M Involve no land filling, diverting, culverting or re – alignment of river or stream corridors. M Have no negative effects on the distinctive character and appearance of the waterway corridor and/or the characteristic and landscape elements of the specific site and its context. M Do not impact on riparian corridors and wetland sites within river/stream catchments, which provide an important function in terms of regulating the flow of water in these catchments, and often support habitats and species of high nature conservation value. M Take cognisance of any adverse impacts on the populations of protected species, including protected flora, otters, and bats. M The Council will apply the principles set out in ‘Planning for Watercourses in the Urban Environment’ (IFI, 2020) and will ensure that any transport infrastructure near any river, stream, or watercourse will be accompanied by appropriate SUDS or Nature Based Solutions to mitigate the impact of pollution. Rivers and Waterways are very important assets of DLR. The Council shall consult, as appropriate, with Inland Fisheries Ireland in relation to any development that could potentially impact on the aquatic ecosystems and associated riparian habitats, wildlife corridors and/or salmonid waters. The Council will take cognisance of the Southern Regional Fisheries Board (SRFB), ‘Planning for Watercourses in the Urban Environment’. Any works which will impact on a watercourse must adhere to best practice guidelines as outlined in the Inland Fisheries ‘Guidelines on protection of fisheries during construction works in and adjacent to waters’ 2016. The Council will provide for public understanding of and public access to rivers, waterway corridors and wetlands, where feasible and appropriate, in partnership with NPWS and other stakeholders and in line with the European Union (Water Policy) Regulations 2014, which gave effect to the co-ordination of the catchment management and public participation elements of the Water Framework Directive, while maintaining them free from inappropriate development and subject to Ecological Impact Assessment and screening for Appropriate Assessment, as appropriate. In terms of habitat loss, bridges and bottomless culverts have the least impact on fish passage and the use of clear span structures on fisheries waters should be considered in the design of river/ stream crossing structures. Inland Fisheries Ireland (IFI) should be consulted on any such proposed developments. 8.7.1.8 Policy Objective GIB25: Hedgerows It is a Policy Objective to retain and protect hedgerows in the County from development, which would impact adversely upon them. In addition, the Council will promote the protection of existing site boundary hedgerows and where feasible require the retention of these when considering a grant of planning permission for all developments. The Council will promote the County’s hedgerows by increasing coverage, where possible, using locally native species and to develop an appropriate code of practice for road hedgerow maintenance. The Council will promote the protection of existing hedgerows when considering a grant of planning permission for all developments. The Council are currently reviewing and updating the previously prepared ‘Hedgerow Survey, 2007’. The 2007 Survey identified a pattern of hedgerows and tree lines with the majority of these occurring in the south of the County (south of the M50 Motorway and east of the southern end of the N11 road). Hedgerows were also identified as important heritage and biodiversity features in the County Biodiversity Plan, which identified a survey of hedgerows as a targeted action. An updated ‘Hedgerow Survey Report’, (2020- 2021), will be prepared which will identify the most important hedgerows in the County in terms of their biodiversity, and that also form part of our wildlife corridors, and ecological network of the County. The update will be mapped and recorded. 8.7.1.9 Policy Objective GIB26: Geological Sites It is a Policy Objective to protect, promote and preserve sites of Geological and Geomorphological importance, in particular the proposed Natural Heritage Areas (NHAs), and any County Geological Sites (CGS), that become designated during the lifetime of the Plan. The Geological Survey of Ireland (GSI) is compiling a list of geological/geomorphological sites in need of protection through NHA designation. A committee of expert geologists provides an initial list of sites, which then undergo a process of survey, reporting and review, to provide recommendations regarding NHA status or otherwise. The GSI has completed its list of karsts (i.e. exposed limestone) and early fossil sites. However, there are currently no NHAs designated for geology/geomorphological heritage in DLR. 178dlrcoco | County Development Plan 2022-2028
  7. In furtherance of this policy the Council will endeavour where appropriate, to encourage, facilitate and support access and public Rights-of- Way to geological, and geomorphological features of heritage value. 8.7.1.10 Policy Objective GIB27: Green Belts It is a Policy Objective to retain the individual physical character of towns and development areas by the designation of green belt areas, where appropriate. The function of this policy is to protect the special amenity and biodiversity value of countryside, while providing a visual and spatial break between urban areas. There is some ‘green belt’ zoning between Rathmichael, Shankill and Bray but in other parts of the County the green area (parks and open space and wildlife corridors) tend to be less ‘buffers’ between development and more integral amenities for those areas. The Metropolitan Area Strategic Plan (MASP), refers to a metropolitan green belt around the built-up area of the city and suburbs. The National Planning Framework (NPF), specifically National Policy Objective (NPO) 62 references the role of greenbelts in preventing calescence of built up areas, but also acknowledges their role in allowing long term expansion of urban areas. (see Policy Objective PHP24 Chapter 4 and Section 12.3.11). 8.7.1.11 Policy Objective GIB28: Invasive Species It is a Policy Objective to prepare an ‘Invasive Alien Species Action Plan’ for the County which will include actions in relation to Invasive Alien Species (IAS) surveys, management and treatment and to also ensure that proposals for development do not lead to the spread or introduction of invasive species. If developments are proposed on sites where invasive species are or were previously present, the applicants will be required to submit a control and management program for the particular invasive species as part of the planning process and to comply with the provisions of the European Communities Birds and Habitats Regulations 2011 (S.I. 477/2011). The overall aim of the forthcoming DLR Invasive Alien Species Action Plan, is to provide a roadmap for management of invasive alien species (IAS) in DLR. This will also help to fulfil our obligations to the EU Regulation 1143/2014 on Invasive Alien Species and the Irish Statutory Instrument 477/2011 – European Community (Birds and Natural Habitats Regulations) 2011 - Article 49 and Article 50. The objectives of this Action Plan are as follows: M To develop a record of IAS within the County. M To prevent new introductions of IAS into DLR. M To prevent further spread of IAS within the County. M To effectively treat IAS currently present in the County. M To create awareness of IAS and the threats they pose, and to provide training and education for the public. M To minimise the impacts of IAS and restore damaged ecosystems to their previous state. M To create ties and co-operative relationships with other counties and agencies in order to effectively tackle IAS. M To consider the impact of Climate Change in relation to IAS. Crab apple blossom and spider - Credit Aaron Ryan 179Green Infrastructure and BiodiversityChapter 8
  8. There are significant benefits to DLR if the objectives of this Action Plan are achieved. IAS can represent a major threat to National, Regional, and local biodiversity. They can negatively impact on native species, can transform habitats, and threaten whole ecosystems causing serious problems to the environment and the economy. 8.7.1.12 Policy Objective GIB29: Nature Based Solutions It is a Policy Objective to increase the use of Nature Based Solutions (NBS) within the County, and to promote and apply adaption and mitigation actions that favour NBS, which can have multiple benefits to the environment and communities. NBS has a role not only to meet certain infrastructure related needs (e.g. flooding management), and development needs, but also to maintain or benefit the quality of ecosystems, habitats, and species. The International Union for the Conservation of Nature (IUCN) defines NBS as “actions to protect, sustainably manage and restore natural or modified ecosystems, which address societal challenges [such as food security, climate change, water security, human health, disaster risk, social and economic development] effectively and adaptively, while simultaneously providing human well-being and biodiversity benefits”. The Council will achieve this Policy Objective through the following: i. The Council will protect, maintain, enhance and restore our County ecosystems and their functioning that form part of our NBS interventions, to increase resilience and multifunctionality as a core part of our green infrastructure, providing key environmental services as well as increasing resilience to climate change. ii. The Council recognises the importance of coastal resilience and marine protection and will provide NBS that protect and enhance our watercourses, coastal and marine ecosystems in relation to coastal development and coastal protection. iii. The Council will require that all NBS for flood risk management will include for adaptive management, based on long-term monitoring, indicating that the proposed sustainable NSB is performing. iv. The Council will require that proposed development(s) provide NBS, where relevant, in order to encourage environmentally friendly solutions to economic/social development needs and to address climate change without negatively impacting existing natural ecosystems, habitat and species. The Council will also require the monitoring and assessment of the success of the NBS that form part of the proposed development, and over an agreed timeframe, to provide the evidence and knowledge base for nature-based solutions. v. The Council will designate a number of ‘decarbonising zone’ areas (as defined under Action 165 of the Government’s Climate Action Plan 2019) within the County during the lifetime of the County Development Plan 2022-2028, utilising funds from the Government’s Climate Action Fund and other funding resources where available, incorporating biodiversity measures such as consideration of moss installations to aid carbon reduction (as well as reduction of other impurities such as nitrogen dioxide) within such designated zones vi. Urban run-off represents a significant pollutant threat to our bathing areas and coastal habitats. The Council will strive to install Nature Based Solutions such as urban rain gardens, wetlands and tree planting to mitigate the impact of pollution from urban rain run-off. The DLR Biodiversity Officer will provide a set of guidelines and principles for the implementation of NBS for staff and various sectors involved in NBS. Examples of NBS solutions include landscaping, SuDs, creating permeable green areas, and providing green roofs, restoring habitats such as wetlands, woodlands, and hedgerows to absorb/ sequester carbon dioxide. Creating and restoring wetlands also functions to protect against flooding; and creating green and blue spaces in urban areas can also combat urban heating and enhance human health. Some features that add manmade natural features to an urban environment such as green roofs and green walls can also be included in the NBS approach. 8.7.1.13 Policy Objective GIB30: Promoting Biodiversity by avoiding Widespread Use Of Herbicides and Pesticides It is a Policy Objective to promote biodiversity by avoiding the widespread use of chemical weedkillers, herbicides and pesticides such as glyphosate for routine road and park maintenance. It is acknowledged that specific circumstances such as the control of invasive species will require the use of such products. The Council will develop a set of guidelines for the exceptional circumstances in which such products should be used. 180dlrcoco | County Development Plan 2022-2028
  9. Open Space, Parks and Recreation 9 Mountain Access Route, Kilmashogue, Dublin Mountains
  10. Fernhill 182dlrcoco | County Development Plan 2022-2028

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