Kildare County Development Plan 2023–2029 — Chapter 12: Biodiversity and Green Infrastructure

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   Aim: To protect, manage and enhance the County’s biodiversity for future generations, including sites designated at national and EU level, protected species and habitats outside of designated sites and to promote the development of an integrated Green Infrastructure network in order to improve our resilience to climate change and to enable the role of Green Infrastructure in delivering sustainable communities. Chapter 12 Biodiversity and Green Infrastructure 12.1 Biodiversity Biodiversity or biological diversity refers to the variability among living organisms from all sources including, inter alia, terrestrial, marine and other aquatic ecosystems and the ecological complexes of which they are part; this includes diversity within species, between species and of ecosystems (Convention on Biological Diversity, 1993). 12.2 Biodiversity and Ecosystem Services Biodiversity has intrinsic value, with each species having a value and a right to exist. It is important because all of life is interconnected and functions as part of a complex ecosystem, with a multitude of inter-dependencies required for species survival and well-being. The health of the planet depends on the health of our biodiversity and humans rely on biodiversity for food, clean air and water, healthy soils, clothing and building materials, as well as for medicines and places in which to unwind and reconnect with nature. Biodiversity underpins important economic sectors such as agriculture and tourism and provides many other benefits (ecosystem services) free of charge which can be grouped into four main categories: • provisioning services—the production of food, fibre, and water • regulating services—the control of climate and diseases • supporting services—nutrient cycling and crop pollination • cultural services—such as spiritual and recreational benefits. In 2008 an Irish study ‘The Economic and Social Benefits of Biodiversity’, highlighted that the value of our national ecosystem services, in terms of their productive output and human utility, was estimated at over €2.6 billion per year. The State of the Environment Report (EPA 2020), an Integrated Assessment of the State of Ireland’s Environment, demonstrates that for biodiversity and the natural environment a deteriorating trend dominates, especially for EU protected habitats, with 85% of EU protected habitats having an unfavourable status. The picture for EU protected species is mixed, but 15% are in decline, with freshwater species most at risk. Threats to biodiversity and the natural environment comes from a range of development pressures, population growth agricultural intensification, exploitation of resources, land management practices and climate change.380

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   A Climate Change and Biodiversity Loss Emergency was declared by the Irish Government in May 2019 following publication of a report by the Intergovernmental Panel on Biodiversity and Ecosystem Service on the state of the world’s biodiversity and ecosystem services. Kildare County Council declared a Climate Change and Biodiversity Loss Emergency in June 2019. The Council recognises the important role of the environment through diversity, quality, integrity, and quality of life by promoting the protection, conservation, and enhancement of the natural environment as an integral part of all development. 12.3 Legislative Context Ireland has signed and ratified several international conventions and agreements including the Convention on Biological Diversity, the Convention on the Conservation of European Wildlife and Natural Habitats (Bern) and the Convention on Wetlands of International Importance (Ramsar). These various obligations are given legal effect through both European and National legislation and have resulted in the designation of natural heritage sites throughout the country. 12.3.1 EU Habitats Directive The Habitats Directive (Council Directive 92/43/EEC on the Conservation of Natural Habitats and of Wild Flora and Fauna) is the main legislative instrument for the protection and conservation of biodiversity within the European Union and lists certain habitats (Annex I) and species (II) that must be protected within wildlife conservation areas, considered to be important at a European as well as at a national level. A Special Area of Conservation or SAC is a designation under the Habitats Directive. The Habitats Directive sets out the protocol for the protection and management of SACs. 12.3.2 EU Birds Directive The Birds Directive (Council Directive 79/409/EEC and Council Directive 2009/147/EC on the Conservation of Wild Birds) provides for a network of sites in all member states to protect birds at their breeding, feeding, roosting and wintering areas. This directive identifies species that are rare, in danger of extinction or vulnerable to changes in habitat and which need protection (Annex I species). Appendix I indicates Annex I bird species as listed on the Birds Directive. A Special Protection Area or SPA is a designation under The Birds Directive. 12.3.3 Appropriate Assessment A Planning Authority must have regard to any European Site when considering any plan or project or making a decision in relation to a plan or project. Articles 6(3) and 6(4) of the Habitats Directive set out the decision-making tests for plans and projects likely to affect Natura 2000 sites. Article 6(3) establishes the requirement for Appropriate Assessment (AA). This requirement is implemented in the Republic of Ireland by the European Communities (Birds and Natural Habitats) Regulations 2011 (SI 477/2011) and the Planning and Development Act 2000, as amended. The Government published Appropriate Assessment of Plans and Projects in Ireland – Guidance for Planning Authorities in December 2009 (revised in February 2010).381

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   12.3.4 The Wildlife Acts 1976 – 2021 The primary domestic legislation providing for the protection of wildlife in general, and the control of some activities adversely impacting upon wildlife is the Wildlife Act of 1976. The aims of the Wildlife Act according to the National Parks and Wildlife Service are “... to provide for the protection and conservation of wild fauna and flora, to conserve a representative sample of important ecosystems, to provide for the development and protection of game resources and to regulate their exploitation, and to provide the services necessary to accomplish such aims.” All bird species are protected under the Act. The Wildlife (Amendment) Act of 2000 amended the original Act to improve the effectiveness of the Act to achieve its aims. 12.3.5 Flora (Protection) Order, 2015 Sets out the current list of plant species protected by Section 21 of the Wildlife Act, 1976, as amended. It is illegal to cut, uproot or damage the listed species in any way, or to offer them for sale. This prohibition extends to the taking or sale of seed. In addition, it is illegal to alter, damage or interfere in any way with their habitats. This protection applies wherever the plants are found and is not confined to sites designated for nature conservation. 12.4 International Policy Context 12.4.1 EU Biodiversity Strategy for 2030 On 20 May 2020, the Commission adopted an EU Biodiversity Strategy for 2030 (European Commission, 2020). The strategy presents an ambitious agenda to arrest the trend in biodiversity loss with increasing emphasis on ecosystem restoration and transformative change. Ecosystems are solutions, not only to protect biodiversity but also to enhance carbon uptake and contribute to climate change mitigation as well as to deliver essential benefits to people, agriculture, and the economy. The benefits derived from biodiversity are commonly referred to as Ecosystem Services. These ecosystem services are increasingly recognised as being integral to planning and land use policies. The strategy contains specific commitments and actions to be delivered by 2030: • Establishing a larger EU-wide network of protected areas on land and at sea (30%); • Launching an EU nature restoration plan; • Introducing measures to enable the necessary transformative change; • Introducing measures to tackle the global biodiversity challenge; • Better respecting nature in public and business decision-making; • Ensuring better implementation and tracking of progress; and • Improving knowledge, financing, and investments.382

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   12.4.2 The Aarhus Convention Convention on Access to Information, Public Participation in Decision-Making, and Access to Justice in Environmental Matters, 1998 (The Aarhus Convention) lays down a set of basic roles to promote citizens involvement in environmental matters and improve enforcement of Environmental Law; its provisions are broken down into three Pillars: Access to information, Public Participation in environmental decision making and Access to Justice. Same has given rise to the European Directive 2003/4/EC on Public Participation, both of which have been transposed into Irish Law. Ireland ratified the Convention on 20th June 2012. 12.4.3 2030 Agenda for Sustainable Development (2015) The 2030 Agenda for Sustainable Development, adopted by all United Nations Member States in 2015, sets out an ambitious framework of universal and indivisible goals and targets to address a range of global societal challenges. At its heart are the 17 Sustainable Development Goals (SDGs), which are an urgent call for action by all countries - developed and developing - in a global partnership, see Figure 12.1. Sustainable Development Goal 15 of the 2030 Agenda for Sustainable Development is devoted to ‘protect, restore and promote sustainable use of terrestrial ecosystems, sustainably manage forests, combat desertification, and halt and reverse land degradation and halt biodiversity loss’. Biodiversity and ecosystems feature prominently across many of the Sustainable Development Goals (SDGs) and associated targets. They contribute directly to human well-being and development priorities. Biodiversity is at the centre of many economic activities, particularly those related to crop and livestock agriculture, forestry, and fisheries. Globally, nearly half of the human population is directly dependent on natural resources for its livelihood, and many of the most vulnerable people depend directly on biodiversity to fulfil their daily subsistence needs. Figure 12.1 - The 17 Sustainable Development Goals (SDGs)383

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   12.4.4 Convention on Biological Diversity (1992)- UN Decade on Ecosystem Restoration Ireland is a signatory to the UN Convention on Biological Diversity (CBD); the Cancun Declaration (CBD, 2016), which focuses on the need for governments at the national, sub-national and local levels to mainstream the conservation and sustainable use of biodiversity for human well-being. All parties to the Convention are required to prepare national biodiversity strategies and action plans. The United Nations General Assembly has proclaimed the UN Decade on Ecosystem Restoration in June 2021. This declaration aims to halt the degradation of ecosystems and restore them to achieve global goals. Led by the United Nations Environment Programme (UNEP) and the Food and Agriculture Organization of the United Nations (FAO). 12.5 National Policy Context 12.5.1 National Biodiversity Action Plan (NBAP) 2017 - 2021 The National Biodiversity Action Plan 2017-2021 (NBAP) captures the objectives, targets and actions for biodiversity that will be undertaken by a wide range of government, civil society, and private sectors to achieve Ireland’s Vision for Biodiversity, reflecting Objective 1 of the NBAP which is to ‘Mainstream biodiversity into decision making across all sectors. 12.5.2 Eastern and Midlands Regional Spatial and Economic Strategy 2019-2031 The RSES acknowledges that the condition and conservation of our natural and seminatural habitats impacts on the quality of life of residents and visitors to the Region, as well as making significant contributions to the economy and agriculture (ecosystem services). The strategy identifies the potential environmental impacts of spatial planning policy on habitats and species and promotes an Ecosystem Services Approach in the preparation of statutory land use plans. The strategy acknowledges the importance of identifying, protecting and enhancing Green Infrastructure (GI) as a core element of land use planning and considers that GI offers an opportunity to develop integrated strategies around economic development, urban placemaking and rural policy. 12.5.3 County Kildare Biodiversity Action Plan 2009-2014 The Council adopted its first Biodiversity Action Plan in April 2009 which provides a framework for conserving biodiversity and natural heritage at a local level. It complements the Kildare Heritage Plan by including detailed actions to deliver positive outcomes focused on species and habitats. A key focus of the plan is gathering information on and managing the biodiversity resource, education, awareness raising and the promotion of effective cooperation between stakeholders. The County Kildare Biodiversity Action Plan will be reviewed in the short term during the lifetime of this plan.384

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   Policy It is the policy of the Council to: BI P1 Integrate in the development management process the protection and enhancement of biodiversity and landscape features by applying the mitigation hierarchy to potential adverse impacts on important ecological features (whether designated or not), i.e. avoiding impacts where possible, minimising adverse impacts, and if significant effects are unavoidable by including mitigation and/or compensation measures, as appropriate. Opportunities for biodiversity net gain are encouraged. Objectives It is an objective of the Council to: BI O1 Require, as part of the Development Management Process, the preparation of Ecological Impact Assessments that adequately assess the biodiversity resource within proposed development sites, to avoid habitat loss and fragmentation and to integrate this biodiversity resource into the design and layout of new development and to increase biodiversity within the proposed development. Such assessments shall be carried out in line with the CIEEM (2018) Guidelines for Ecological Impact Assessment in the UK and Ireland: Terrestrial, Freshwater, Coastal and Marine. BI O2 Require, wherever possible, the retention and creation of green corridors within and between built up urban areas and industrial scale developments to protect wildlife habitat value including areas that are not subject to public access. BI O3 Actively support the implementation of national biodiversity initiatives such as the All-Ireland Pollinator Plan 2021-2026 BI O4 Promote increased public participation in biodiversity conservation by supporting and encouraging community-led initiatives such as native tree planting, the removal of invasive species and the continued preparation of Local Biodiversity Actions Plans for settlements in County Kildare1. BI O5 Move towards no net loss of biodiversity through strategies, plan, mitigation measures, appropriate offsetting and/or investment in Blue- Green infrastructure. BI O6 Apply the precautionary principle in relation to proposed developments in environmentally sensitive areas to ensure that all potential adverse impacts on a designated NHA or Natura 2000 Site arising from any proposed development or land use activity are avoided, remedied, or mitigated. BI O7 Pursue insofar as possible and practical, a policy of biodiversity net gain through strategies, plans, developments, mitigation measures, appropriate offsetting and/or investment in Blue-Green infrastructure. 1 LBAPS prepared Allenwood, Ballitore, Ballymore Eustace, Carbury, Celbridge, Clane, Kilcullen, Kill, Leixlip, Maynooth, Monasterevin, Newbridge, (a further 10 will be prepared in 2022).385

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   Actions It is an action of the Council to: BI A1 Continue to implement natural heritage actions in the County Heritage Plan 2019-2025, the County Biodiversity Plan, the National Biodiversity Action Plan 2017 – 2021 and any subsequent plans, in partnership with the Department of Housing, Local Government and Heritage, relevant stakeholders and the community. BI A2 Carry out habitat mapping on a phased basis and integrate biodiversity considerations and protection measures into the suite of mandatory Local Area Plans and to develop specific policies and objectives that could be incorporated into council programmes and activities. BI A3 Review the County Kildare Biodiversity Action Plan in the short term during the lifetime of this Plan and leverage appropriate funding to establish a Biodiversity Officer for Kildare County Council. BI A4 Continue to prepare and roll-out Local Biodiversity Action Plans on an annual basis, in partnership, where appropriate with LEADER, subject to funding. BI A5 Engage with Residents Associations to educate and encourage the roll out of the Pollinator and Biodiversity Plans, specifically working towards less spraying and more pollinator friendly practices. BI A6 Collate and publish a list of County Biodiversity Sites as part of the review of the County Biodiversity Action Plan. 12.6 Designated sites for nature conservation 12.6.1 Natura 2000 network The EU Birds Directive (Council Directive 79/409/ EEC) and the EU Habitats Directive (European Directive 92/43/EEC) provides for the establishment of the Natura 2000 network of sites of highest biodiversity importance for rare and threatened habitats and species across the EU. The Natura 2000 network of European sites comprises Special Areas of Conservation (SAC), and Special Protection Areas (SPA). There are 8 Natura 2000 sites within the county, see Table 12.1 and Map V1 - 12.1 below. Site Name Site Code European Designation Qualifying Interests Pollardstown Fen 000396 SAC • Calcareous fens with Cladium mariscus and species of the Caricion davallianae • Petrifying springs with tufa formation (Cratoneurion) • Alkaline fens • Vertigo geyeri (Geyer's Whorl Snail) • Vertigo angustior (Narrow-mouthed Whorl Snail) • Vertigo moulinsiana (Desmoulin's Whorl Snail)386

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   Site Name Site Code European Designation Qualifying Interests Ballynafagh Bog 000391 SAC • Active raised bogs • Degraded raised bogs still capable of natural regeneration. • Depressions on peat substrates of the Rhynchosporion Ballynafagh Lake 001387 SAC • Alkaline fens • Vertigo moulinsiana (Desmoulin's Whorl Snail) Rye Water Valley at Carton 001398 SAC • Petrifying springs with tufa formation (Cratoneurion) • Vertigo angustior (Narrow-mouthed Whorl Snail) • Vertigo moulinsiana (Desmoulin's Whorl Snail) Mouds Bog 002331 SAC • Active raised bogs • Degraded raised bogs still capable of natural regeneration. • Depressions on peat substrates of the Rhynchosporion River Barrow and Nore 002162 SAC • Estuaries • Mudflats and sandflats not covered by seawater at low tide. • Reefs • Salicornia and other annuals colonising mud and sand. • Atlantic salt meadows (Glauco- Puccinellietalia maritimae) • Mediterranean salt meadows (Juncetalia maritimi) • Water courses of plain to montane levels with the Ranunculion fluitantis and Callitricho-Batrachion vegetation • European dry heaths • Hydrophilous tall herb fringe communities of plains and of the montane to alpine levels • Petrifying springs with tufa formation (Cratoneurion) • Old sessile oak woods with Ilex and Blechnum in the British Isles • Alluvial forests with Alnus glutinosa and Fraxinus excelsior (Alno-Padion, Alnion incanae, Salicion albae) • Vertigo moulinsiana (Desmoulin's Whorl Snail) • Margaritifera margaritifera (Freshwater Pearl Mussel)387

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    Site Name Site Code European Designation Qualifying Interests • Austropotamobius pallipes (Whiteclawed Crayfish) • Petromyzon marinus (Sea Lamprey) • Lampetra planeri (Brook Lamprey) • Lampetra fluviatilis (River Lamprey) • Alosa fallax fallax (Twaite Shad) • Salmo salar (Salmon) • Lutra lutra (Otter) • Trichomanes speciosum (Killarney Fern) • Margaritifera durrovensis (Nore Pearl Mussel) Red Bog 000397 SAC • Transition mires and quaking bogs Poulaphouca Reservoir 004063 SPA • Greylag Goose (Anser anser) Table 12.1 - Natura 2000 Sites in Co Kildare388

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