Kildare County Development Plan 2023–2029 — Chapter 6: Infrastructure and Environmental Services

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   rainwater and surface water runoff in Urban Areas (2021)’ published by the Department of Housing, Local Government and Heritage, or any subsequent updates to same. Action It is an action of the Council to: IN A3 Develop a ‘Sustainable Urban Drainage Systems Guidance Document’ for County Kildare within one year of the adoption of the Plan. 6.7 Flood Risk Management Impacts arising from flooding can be minimised with proactive land use planning and sustainable management of catchments, identifying areas vulnerable to flooding and by taking measures to ensure development does not individually or cumulatively contribute to an increase in flood risk. Flood risk must be considered at all stages of the land use planning process and managed in an environmentally sensitive way. The key sources of flood risk in Kildare are: • Fluvial: Watercourse capacity is exceeded, or the channel is blocked and excess water spills from the channel onto adjacent floodplains. • Pluvial: Resulting from high intensity rainfall which exceeds the infiltration capacity of the ground or drainage system to absorb it. • Groundwater: Results when the level of water stored in the ground rises due to prolonged rainfall and flows out over the ground. Very often flooding occurs not as a result of one but due to a combination of the above. The Office of Public Works (OPW) is the lead agency for flood risk management in Ireland. The co-ordination of Government Policy in terms of flood risk identification, assessment, and management is the responsibility of the OPW, and as such it is primarily charged with ensuring Ireland’s compliance with its legal obligations in relation to flood risk. The EU Floods Directive and the recommendations of the 2004 National Flood Policy Review Report are driving forces behind flood management in Ireland. While, the Planning System and Flood Risk Management Guidelines, DEHLG (2009) and DECLG Circular PL2/2014 address the interface between flood risk management and the planning system, the guidelines state that the steps in the development plan process and its Strategic Environmental Assessment need to be supported by an appropriate analysis of flood risk. Kildare County Council has carried out a Strategic Flood Risk Assessment (SFRA) for this Plan in accordance with the Flood Risk Management Guidelines (2009). The SFRA is a separate document to be read in parallel with this Plan which identifies and maps flood risk in the County, supporting a sequential approach to planning. The SFRA is a live document and any updates to it including the identification of flood zones will inform future planning decisions throughout the county.212

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   Climate change adaptation and resilience has become one of the fundamental considerations for strategic planning. As such, an appraisal of the potential impacts of climate change was carried out as part of the Strategic Flood Risk Assessment having regard to the OPW climate change parameters stated in the ‘Flood Risk Management Climate Change Sectoral Adaptation Plan’ (2019), as well as international best practice within other European jurisdictions and the latest scientific studies. There is an increasing likelihood that Ireland’s climate will be similar to that depicted in the High-End Future climate change scenario by the year 2100. Therefore, High End Future Scenario (HEFS) parameters were used in the assessment process. This approach will also assist in achieving our obligations under the Water Framework Directive (WFD). Catchment Flood Risk Assessments and Management Studies (CFRAMS) have also been completed and include the river catchments of the key water courses in the county. Areas including Naas North / Johnstown and Celbridge South / Hazelhatch are still under review. These studies also inform zoning and planning decisions in the county. Policy It is a policy of the Council to: IN P5 Ensure the continued incorporation of Flood Risk Management and National Flood Risk Policy (2018) into the spatial planning of Kildare, to meet the requirements of the EU Floods Directive and the EU Water Framework Directive and to promote a climate resilient County. Objectives It is an objective of the Council to: IN O31 Support and co-operate with the Office of Public Works (OPW) in delivering the Flood Relief/Alleviation schemes and measures contained in the Flood Risk Management Plans adopted by the Council in July 2018, and in other flood management works and schemes, as may arise, through the OPW Non-Coastal Minor Works Programme. IN O32 Support the implementation of the EU Flood Risk Directive (2007/60/EC) on the assessment and management of flood risks and the Flood Risk Regulations (SI No 122 of 2010). IN O33 Manage flood risk in the county in accordance with the sequential approach and requirements of the Planning System and Flood Risk Management Guidelines for Planning Authorities, DECLG and OPW (2009) and circular PL02/2014 (August 2014), when preparing plans, programmes, and assessing development proposals. To require, for lands identified in the Strategic Flood Risk Assessment, a site-specific Flood Risk Assessment to an appropriate level of detail, addressing all potential sources of flood risk, demonstrating compliance with the Guidelines or any updated version of these guidelines, paying particular attention to avoidance of known flood risk, residual flood risks and any proposed site-specific flood management measures.213

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   IN O34 Recognise the important role of boglands, rehabilitated peatlands and other wetland areas in filtering water and contributing to sound ecological status in rivers as well as flooding patterns. Development in these areas shall be subject to a Flood Risk Assessment in accordance with the relevant guidelines. IN O35 Require development proposals which may affect canals and their associated infrastructure to prepare a Flood Risk Assessment in accordance with the relevant guidance. IN O36 Require that development along urban watercourses comply with the Inland Fisheries Ireland Guidance: Planning for Watercourses in the Urban Environment (2020), including the maintenance of a minimum riparian zone of 35 metres for river channels greater than 10 meters in width, and 20 meters for river channels less than 10 metres in width. Development within this zone will only be considered for water compatible developments as defined in the OPW Planning System and Flood Risk Management Guidelines for Planning Authorities (2009). IN O37 Protect any implemented/constructed flood relief schemes from inappropriate development or otherwise. IN O38 Support Inland Fisheries Irelands’ pilot projects to investigate the incorporation of habitat restoration measures into flood management schemes on the upper Barrow and its tributaries for native species such as salmon and to address invasive fish species, subject to all necessary planning and environmental assessments. Actions It will be an action of the Council to: IN A4 Map key flood risk infrastructure in the county where it is not otherwise readily identified or protected from interference or removal and to maintain the details of same on a County Register. IN A5 Prepare and carry out any identified actions of a maintenance programme for river channels, including those identified as historical drainage districts, the responsibility for which lies with Kildare County Council. Such actions must be subject to Ecological Impact Assessment and Appropriate Assessment in accordance with the EU Habitats Directive. 6.8 Environmental Services Strategy Protection of the physical environment is of primary importance. With regard to sustainable environmental management this Plan seeks to conform to European and National Waste Strategies in matters relating to the production, handling, treatment, and disposal of waste within the county and to co-operate with and participate in the preparation of regional plans for the collection, treatment, handling, and disposal of waste. The Council also seeks to improve noise impacts, light impacts, and air quality standards throughout the county and to control harmful emissions to water and air under the relevant regulations. Central to the strategy is a focus on the promotion of environmental protection through education.214

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   6.8.1 Waste Management Waste Management is integral to sustainable development and is a key element of the circular economy, protecting public health and maintaining a high-quality environment. The Plan is required by The Planning and Development Act (2000) (as amended) to include appropriate objectives for waste recovery and disposal facilities. National and Regional Policy on waste management is set out in several documents. These include the NPF, the RSES, the Regional Waste Management Plan, the National Climate Action Plan (2021) and the Government’s policy document A Waste Action Plan for a Circular Economy 2020-2025. The policy documents require a transition towards the creation of a circular economy, requiring the long-term use of materials, promoting recycling and re-use and minimising waste at the end of the cycle. The policies and objectives emanating from these documents are consistent with the EU Waste Hierarchy approach to waste which endorses prevention, preparing for re-use, recycling, energy recovery and sustainable disposal. The recently adopted Waste Action Plan for a Circular Economy 2020-2025, aims to shift the focus away from waste disposal and treatment to ensure materials and products remain in productive use for longer thereby preventing waste and supporting re-use. The Eastern-Midlands Regional Waste Management Plan 2015-2021 provides the framework for waste management in Kildare and the Region. It sets out a strategic vision with a focus on viewing waste as a valuable resource. It seeks to make better use of current resources, reduce the leakage of material including energy, as the county transitions from a linear to a circular economy. Policy It is a policy of the Council to: IN P6 Implement European Union, National and Regional waste related environmental policy, legislation, guidance, and codes of practice, in order to support the transition from a waste management economy towards a circular economy. Objectives It is an objective of the Council to: IN O39 Encourage a just transition from a waste economy to a green circular economy in accordance with ‘A Waste Action Plan for a Circular Economy 2020-2025’ and the Whole of Government Circular Economy Strategy 2022-2023 'Living More, Using Less'. IN O40 Provide, promote, and facilitate high quality sustainable waste recovery and disposal infrastructure / technology in keeping with the EU waste hierarchy to cater for anticipated population growth and the business sector in the County.215

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   IN O41 Ensure the provision of adequately sized public recycling facilities in association with new commercial developments and in tandem with significant change of use / extensions of existing commercial developments where appropriate to maximise access by the public. IN O42 Require the appropriate provision for the sustainable management of waste within developments (particularly apartment buildings), including the provision of facilities for storage, separation, and collection of waste. IN O43 Require the submission of either a certificate of exemption or a valid planning permission for a Waste Facility Permit or a Certificate of Registration application, in accordance with the Waste Management Regulations 2007 (as amended). IN O44 Encourage waste prevention, minimisation, re-use, recycling, and recovery as methods for managing waste. IN O45 Promote and facilitate communities to become involved in environmental awareness activities and community-based waste recycling and reduction initiatives, which lead to a circular economy and local sustainable waste management practices. IN O46 Ensure the provision of waste management facilities in the county (both public and private) are subject to the specific requirements of the Eastern-Midlands Region Waste Management Plan 2015-2021 (or as amended / updated). IN O47 Support and facilitate the separation of waste at source into organic and non-organic streams or other waste management systems that divert waste from landfill and maximise the potential for each waste type to be re-used, recycled or composted. IN O48 Facilitate the development of waste management infrastructure and the ongoing operation of the Drehid waste facility at an appropriate scale to cater for the waste management needs of Kildare and the Eastern and Midlands Waste Region, subject to the protection of the environment, landscape character, road network and amenities of the area. IN O49 Support the implementation of the actions outlined in the Kildare Litter Management Plan 2020-2023 (and any subsequent updates). IN O50 Use statutory powers to prohibit the illegal deposit and disposal of waste, refuse and litter and to authorise and regulate waste disposal within the county in an environmentally sustainable manner. IN O51 Encourage the use of CCTV at appropriate locations to discourage fly tipping and illegal dumping. IN O52 Examine the possibility of providing a recycling facility in each Municipal District within the County and seek new markets for recycling in existing centres, including North Kildare. IN O53 Ensure that hazardous waste is addressed through an integrated approach of prevention, collection and recycling and encourage the development of industry-led producer responsibility schemes for key waste streams. IN O54 Support the implementation of the ‘Deposit Return Scheme’, currently being considered by Government, when it is published. IN O55 Support ‘repair cafes’ and upcycling facilities throughout the county at appropriate locations, in order to reduce the quantum of waste going to landfill.216

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   Actions It will be an action of the Council to: IN A6 Achieve the vision of the Waste Action Plan for a Circular Economy 2020-2025 and the Eastern-Midlands Regional Waste Management Plan 2015-2021 (and future revisions) by meeting the following targets: • Ensure a 5% reduction per annum in the quantity of household waste generated per capita over the period of the Plan. • Support the target to achieve a recycling rate of 55% of Managed Municipal Waste (household and commercial) by 2025 leading to 60% by 2030. • Reduce to 0% the direct disposal of unprocessed residual municipal waste to landfill over the lifetime of this plan. IN A7 Provide each town, village, or settlement as necessary with appropriate recycling facilities in the form of a kerbside collection, civic sites, and bring bank recycling facilities. 6.8.2 Pollution Control – Water, Air, Noise and Light The Importance of a clean environment for the economic and social life of the county is well recognised. In relation to water, air, noise and light pollution, continuous effective monitoring, and enforcement in relation to pollution control measures is imperative and will continue over the period of the Plan. Water quality is a key issue that affects everybody, and its protection is the responsibility of all sections of society. Ensuring that our local natural water bodies are clean and well protected is critically important to our health and wellbeing. According to the Environmental Protection Agency’s Water Quality in Ireland Report 2013-2018 there were no “High Status” (pristine), or “Bad Status” (seriously polluted) water bodies noted in Kildare. Most water bodies fall within the “Good Status” (unpolluted / satisfactory) and “Moderate Status” (slightly polluted / unsatisfactory). The report also shows that some of our waterbodies have deteriorated in status from Moderate to Poor and from Good to Moderate. However, there are early indications that the actions being taken in the current River Basin Management Plan 2018-2021 in the ‘Areas for Action’ i.e., Blackwater (Longwood), Clonshanbo/Lyreen, Morell, Portarlington (this includes Monasterevin and surrounding areas), Athy Stream, Graney/Lerr may be having a positive impact on water quality. Recent biological monitoring carried out by the EPA show improvements in several river water monitoring locations. Significant pressures on our surface waters nationally include Agriculture, Hydromorphology, Urban Wastewater, Forestry, and Domestic Wastewater Treatment Systems (DWWTS). The Council continues to implement its work programme which includes monitoring water quality, carrying out detailed investigative assessments in217

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   several water bodies, reviewing effluent discharge licences, resolving pollution complaints and continuing DWWTS inspections. The Council is also engaged with the EPA, LAWPRO and other public bodies to identify the actions required in the water bodies with less than Good Status. Clean Air is essential in ensuring a high-quality environment for the wellbeing of the population. Air pollution can negatively affect human health and eco-systems. EU Directives set out air quality standards in Ireland and other member states for a wide variety of pollutants. The EPA is responsible for monitoring air quality in Ireland. An air quality station was commissioned in Naas in April 2021 and is currently noted as having ‘good’ air status. Noise, which is continuous, repeated, and / or loud can have significant impacts on our quality of life. The Kildare Noise Action Plan 2019-2023, and subsequent next edition, Round 4, seeks to avoid, prevent, and reduce where necessary the harmful effects of long-term exposure to environmental noise. It primarily considers the longterm environmental noise impact from ‘Major Road’ and ‘Major Rail’ traffic noise sources (which are mapped) and sets out an approach to review noise impact levels. Environmental noise from major infrastructure (i.e., roads, railways, and airports) is governed by the EU’s Environmental Noise Directive as transposed into Irish Law as S.I. No. 549/2018 – European Communities (Environmental Noise) Regulations 2018. Lighting is essential for a safe and secure environment. However, the control of light pollution is important in the interests of nature conservation, residential amenity, and energy efficiency. Light spillage is increasingly recognised as a potential nuisance to surrounding properties and a threat to light-sensitive wildlife with river corridors being particularly sensitive to light pollution. Urban and rural locations can suffer equally from this problem. In this regard, continuous effective monitoring, and enforcement in relation to pollution control measures is imperative and will continue over the period of this Plan in addition to the promotion of environmental protection through education. Policies It is a policy of the Council to: IN P7 Support the implementation of the Water Framework Directive, the River Basin Management Plan, and the Local Authority Waters Programme in achieving and maintaining at least good ecological status for all water bodies in the county. IN P8 Implement the provisions of EU and National legislation on air, noise, and light pollution and other relevant legislative requirements, as appropriate.218

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   Objectives It is an objective of the Council to: IN O56 Protect water quality from pollution by agricultural sources and to promote the use of good farming practices in accordance with the Nitrates Directive (91/676/EEC) and Ireland’s Nitrates Action Programme 2017- 2021 (including any subsequent update). IN O57 Assess applications for developments, having regard to the impact on the quality of surface waters and any targets and measures set out in the River Basin Management Plan and any subsequent local or regional plans. Where developments have the potential to impact the water qualify of surface waters and/or any of the targets and measures set out in the RBMP, such a project should be subject to AA screening and where applicable, Stage 2 AA. IN O58 Require development proposals which may have an impact on water quality to undertake site specific assessments to determine localised pressures and demonstrate suitable mitigation measures to protect water quality. IN O59 Ensure that all future development is in accordance with the EU Ambient Air Quality and Cleaner Air for Europe (CAFÉ) Directive (2008/50/EC). IN O60 Continue to monitor air quality at selected locations throughout the county in co-operation with the Health Service Executive and the Environmental Protection Agency. IN O61 Support the use of air quality monitors at schools throughout Kildare. IN O62 Promote and support the ban on the use, marketing, sale, and distribution of bituminous coal in Naas, Newbridge, Celbridge, Leixlip and Maynooth. IN O63 Implement the relevant spatial planning recommendations and actions of the Kildare Noise Action Plan 2019-2023 (and any subsequent update). IN O64 Ensure that future developments are designed and constructed to minimise noise disturbance and consider the multi-functional uses of streets including movement and recreation, as detailed in the Urban Design Manual (2009) and the Design Manual for Urban Roads and Streets (2013). IN O65 Ensure that noise levels caused by new and existing developments throughout the county do not exceed normally accepted standards. IN O66 Enforce and comply with European Communities (Environmental Noise) Regulations 2018 by: • Regulating and controlling activities likely to give rise to excessive noise (other than those activities which require regulation by the EPA) • Requiring new developments and / or activities likely to give rise to excessive noise to install noise mitigation measures and monitors.219

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   IN O67 Ensure noise sensitive development in proximity to national and other roads provides a noise impact assessment / Acoustic Design Statement to the requirements set out in the Noise Action Plan and Local Planning Advice Notes as may issue and includes appropriate spatial consideration in the design phase and, where necessary physical mitigation measures, such as noise barriers, set back landscaping and / or buffer zones between areas of land where development is proposed and existing / proposed national or other roads. IN O68 Require the design of external lighting schemes to minimise the incidence of light spillage or pollution into the surrounding environment having regard to the residential amenity of surrounding areas and the need to mitigate adverse impacts on sensitive fauna and protected species. IN O69 Investigate measures to improve the approach to street lighting and ensure new developments are lit appropriately protecting environmentally sensitive areas.220

Source Kildare County Council: Kildare County Development Plan 2023–2029 — Chapter 6: Infrastructure and Environmental Services (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.