Development plan · Kildare County Council
Kildare County Development Plan 2023–2029 — Chapter 12: Biodiversity and Green Infrastructure
One part of the council's development plan written statement, which the council publishes in parts. Variations adopted since are not in this text.
Kildare County Council · 2023–2029 · 60 pages
Ask this document
Answers come only from the text of Kildare County Development Plan 2023–2029 — Chapter 12: Biodiversity and Green Infrastructure, each claim linked to its page. They are not advice; check the page itself.
Free, with a daily limit.
- Ordnance Survey Ireland data reproduced under OSi Licence Number CYAL50250173 © Ordnance Survey Ireland/Government of Ireland/Kildare County Council Special Areas of Conservation and Special Protection Areas Stage This drawing is to be read in conjunction with the written statement Date Description Kildare County Boundary Special Areas of Conservation (SAC) 000391 - Ballynafagh Bog 000396 - Pollardstown Fen 000397 - Red Bog 001387 - Ballynafagh Lake 001398 - Rye Water Valley/Carton 002162 - River Barrow and River Nore 002331 - Mouds Bog Special Protection Area (SPA) 004063 - Poulaphouca Reservoir Legend Scale: N.T.S. County Development Plan 2023-2029 Map Ref: V1-12.1 Drawn By: M O'Loughlin Date 28/01/2023 County Development Plan 28/01/2023 Date: January 2023 Date the Plan comes into effect Checked By: L Crawford Date 28/01/2023 County Development Plan 09/12/2022 Plan adopted by Elected Members Drawing No.: 200/22/1353 Approved By: C O'Donnell Date 28/01/2023389
- Policy It is the policy of the Council to: BI P2 Seek to contribute to maintaining or restoring the conservation status of all sites designated for nature conservation or proposed for designation in accordance with European and national legislation and agreements. These include Special Areas of Conservation (SACs), Special Protection Areas (SPAs), Natural Heritage Areas (NHAs), Ramsar Sites and Statutory Nature Reserves. Objectives It is an objective of the Council to: BI O8 Support the implementation of the National Raised Bog Special Areas of Conservation Management Plan 2017-2022. BI O9 Avoid development that would adversely affect the integrity of any Natura 2000 site and promote favourable conservation status of habitats and protected species including those listed under the Birds Directive, the Wildlife Acts and the Habitats Directive, to support the conservation and enhancement of Natura 2000 Sites including any additional sites that may be proposed for designation during the period of this Plan and protect the Natura 2000 network from any plans and projects that are likely to have a significant effect on the coherence or integrity of a Natura 2000 Site. BI O10 Ensure an Appropriate Assessment Screening, in accordance with Article 6(3) and Article 6(4) of the Habitats Directive, Section 177A of the Planning and Development Act (2001-2022) or any superseding legislation and with DEHLG guidance (2009), is carried out in respect of any plan or project not directly connected with or necessary to the management of a Natura 2000 site to determine the likelihood of the plan or project having a significant effect on a Natura 2000 site, either individually or in combination with other plans or projects and to ensure that projects which may give rise to significant cumulative, direct, indirect or secondary impacts on Natura 2000 sites will not be permitted (either individually or in combination with other plans or projects) unless for reasons of overriding public interest. BI O11 Support the establishment of conservation measures and the preparation and implementation of management plans for the conservation of Natura 2000 sites by NPWS, as required by Article 6(1) of the Habitats Directive. Action It is an action of the Council to: BI A7 Identify and provide appropriate buffer zones between Designated Sites and areas zoned for development.390
- 12.6.2 Natural Heritage Areas (NHAs) and Nature Reserves Under the Wildlife (Amendment) Act 2000, Natural Heritage Areas (NHAs) are designated to conserve species and habitats of national importance and sites of geological interest. The designation of these sites is the responsibility of the National Parks and Wildlife Service of the Department of Housing, Local Government and Heritage and is an ongoing process as boundaries are revised and adjusted and new sites added. A nature reserve is an area of importance to wildlife, which is protected under Ministerial Order under Irish Legislation. Biogenetic Reserves, as designated by the Council of Europe, are protected areas characterised by one or more typical, unique, endangered or rare habitats, biocenoses or ecosystems. Pollardstown Fen is designated as a nature reserve and as a Biogenic Reserve. There are 23 designated or proposed Natural Heritage Areas (NHAs), within the county, see Table 12.2 and Map V1 - 12.2 below. Site Name Site Number Carbury Bog 001388 Hodgestown Bog 001393 Ballina Bog 000390 Corballis Hill 001389 Curragh 000392 Derryvullagh Island 001390 Donadea Wood 001391 Dunlavin Marshes 001772 Grand Canal 002104 Kilteel Wood 001394 Liffey at Osberstown 001395 Liffey Bank at Athgarvan 001396 Liffey Valley Meander Belt 000393 Mouds Bog 000395 Oakpark 000810 Pollardstown Fen 000396 Poulaphouca Reservoir 000731 Red Bog 000397 Royal Canal 002103 Ballynafagh Bog 000391 Ballynafagh Lake 001387 Barrow Valley at Tankardstown 000858 Rye Water Valley /Carton 001398 Table 12.2 - Natural Heritage Areas in Co. Kildare391
- Ordnance Survey Ireland data reproduced under OSi Licence Number CYAL50250173 © Ordnance Survey Ireland/Government of Ireland/Kildare County Council Natural Heritage Areas Stage Date This drawing is to be read in conjunction with the written statement Description Kildare County Boundary Natural Heritage Areas 001388 - Carbury Bog 001393 - Hodgestown Bog Proposed Natural Heritage Areas 000390 - Ballina Bog 000391 - Ballynafagh Bog 000392 - Curragh 000393 - Liffey Valley Meander Belt 000395 - Mouds Bog 000396 - Pollardstown Fen 000397 - Red Bog 000731 - Poulaphouca Resarvoir 000810 - Oakpark 000858 - Barrow Valley at Tankardstown 001387 - Ballynafagh Lake 001389 - Corballis Hill 001390 - Derryvullagh Island 001391 - Donadea Wood 001394 - Kilteel Wood 001395 - Liffey at Osberstown 001396 - Liffey Bank at Athgarvan 001398 - Rye Water Valley/Carton 001772 - Dunlavin Marshes 002103 - Royal Canal 002104 - Grand Canal Legend Scale: N.T.S. County Development Plan 2023-2029 Map Ref: V1-12.2 Drawn By: M O'Loughlin Date 28/01/2023 County Development Plan 28/01/2023 Drawing No.: 200/22/1353Date: January 2023 Date the Plan comes into effect Checked By: L Crawford Date 28/01/2023 County Development Plan 09/12/2022 Plan adopted by Elected Members Approved By: C O'Donnell Date 28/01/2023392
- Policy It is the policy of the Council to: BI P3 Ensure that any proposal for development within or adjacent to a Natural Heritage Area (NHA), Ramsar Sites and Nature Reserves is designed and sited to minimise its impact on the biodiversity, ecological, geological and landscape value of the site, particularly plant and animal species listed under the Wildlife Acts and the Habitats and Birds Directive including their habitats. Objectives It is an objective of the Council to: BI O12 Require the preparation of an Ecological Impact Assessment (EcIA) by a suitably qualified professional for proposals for development within or adjacent to a Natural Heritage Area (NHA)/proposed Natural Heritage Areas (pNHA), to ensure the development is designed and sited to minimise its impact on the biodiversity, ecological, geological and landscape value of the site, particularly plant and animal species listed under the Wildlife Acts. 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 O13 Support the establishment of conservation measures and preparation and implementation of management plans for the conservation of NHA sites by NPWS. BI O14 Conserve, preserve and protect the integrity of and maintain the favourable conservation value/status within or adjacent to Ramsar Sites, Statutory Nature Reserves, Biogenetic Reserves, Wildfowl Sanctuaries, all existing and proposed NHAs. They should be designed and sited so as to minimise their impact on the ecological and landscape values of these sites under National and European legislation and International Agreements. Action It is an action of the Council to: BI A8 Work with the National Parks and Wildlife Service to identify an appropriate buffer surrounding Pollardstown Fen, based on best available scientific information, in order to protect the ecological integrity of the Fen as a pNHA and SAC and to prevent urban encroachment and environmental degradation of the site in order to support the qualifying interests of the site.393
- 12.7 Protected Habitats and species outside Designated Areas County Kildare supports a range of plant, animal and bird species which are deemed to be rare and threatened under European and Irish legislation and which are known to exist outside of designated sites such as Natura 2000 sites or Natural Heritage Areas. This includes nationally rare plants, plants listed in the Red Data Lists of Irish Plants, Flora (Protection) Order of 2015 (or other such Orders) and their habitats and animals, and birds listed in the Wildlife Acts of 1976-2012 and subsequent statutory instruments. Article 10 of the EU Habitats Directive states that Member States shall endeavour in their land use planning and development policies, to encourage the management of features of the landscape, which are of major importance for wild flora and fauna. Such features are those which by virtue of their linear and continuous structures such as rivers and riverbanks or hedgerows or by virtue of their functions as “steppingstones” such as ponds or small woods are essential for the migration, dispersal and genetic exchange of wild species. 12.7.1 Protected Habitats and Species Policy It is the policy of the Council to: BI P4 Ensure that any new development proposal does not have a significant adverse impact, incapable of satisfactory mitigation on plant, animal or bird species which are protected by law. Objectives It is an objective of the Council to: BI O15 Ensure that any new development proposal does not have a significant adverse impact on rare and threatened species, including those protected under the Wildlife Acts 1976 and 2012, the Birds Directive 1979 the Habitats Directive 1992 and the Flora Protection Order species and any species listed under the national red lists or that could be listed on a national red list. BI O16 Ensure appropriate species and habitat avoidance and mitigation measures are incorporated into all new development proposals. BI O17 Require a derogation licence, where necessary, issued by the DHLGH, in the event of a proposed development impacting on a site known to be a breeding or resting site of species listed in the Habitats Directive (Annex IV species). BI O18 Require all applications for new developments to identify, protect and sensitively enhance the most important ecological features and habitats, and incorporate these into the overall open space network, keeping free from development and to provide links to the wider Green Infrastructure network as an essential part of the design process and by making394
- provision for local biodiversity (e.g. through provision of swift boxes or towers, bat roost sites, hedgehog highways2, green roofs, etc.). BI O19 Require that all biodiversity data gathered in the preparation of planning applications will be made available to the National Biodiversity Data Centre (NDBC). BI O20 Conserve and protect habitats and species listed in the Annexes of the EU Habitats Directive (92143/EEC) (as amended), the Birds Directive (20091147/EC), Directive Annex 2, the Wildlife Acts 1976 to 2000, The Wildlife Acts 1976 (as amended) and the Flora Protection Order No 94 of 1999. BI O21 Work with bodies such as the NPWS and National Biodiversity Data Centre to ensure that species for which Kildare is a national stronghold such as Green-Flowered Helleborine Orchid, Yellowhammer and Linnet, which are nationally rare or declining, are supported to flourish and seek to ensure the habitat conditions favourable to such species are retained in the county. BI O22 Identify and protect areas of high nature conservation value (including but not limited to SAC/SPA/pNHA) and support the landscape features which act as ecological corridors/networks and stepping-stones, such as river corridors, hedgerows, and road verges so as to minimise the loss of habitats and features of the wider countryside which are of major importance for wild fauna and flora in accordance with Article 10 of the Habitats Directive. Action It is an action of the Council to: BI A9 Undertake surveys and collect data to provide an evidence-base to assist the Council in meeting its obligations under Article 6 of the Habitats Directives (92/43/EEC) as transposed into Irish Law, subject to available resources. 12.8 County Biodiversity Sites County Kildare includes a number of sites of biodiversity value that meet the criteria for designation at an international or national level that are not designated sites. However, these sites are of immense importance at a regional, county and local level. To date, they have not been fully surveyed or recognised as such. In order to inform this process, the County Council has commissioned – and continues to commission – surveys of habitats such as hedgerows, wetlands and unimproved grassland. 2 https://www.hedgehogstreet.org/395
- 12.8.1 County Biodiversity Sites Policy It is the policy of the Council to: BI P5 Identify and conserve locally important biodiversity sites in the county which contribute to the overall ecological network of County Kildare. Objectives It is an objective of the Council to: BI O23 Protect, in co-operation with the relevant statutory agencies and other relevant groups, sites of local biodiversity importance (County Biodiversity Sites), not otherwise protected by legislation. BI O24 Identify biodiversity corridors, watercourses, significant as well as native and indigenous hedgerows, or marginal habitat, between County Biodiversity Sites in order to appropriately landscape same in order to ensure population recovery and survival, abundance, productivity, genetic diversity and species richness. BI O25 Support the designation of County Biodiversity Sites, as NHAs or SACs where appropriate. Actions It is an action of the Council to: BI A10 Identify and map County Biodiversity Sites in cooperation with the relevant statutory agencies, other relevant groups and the general public, not otherwise protected by legislation and to identify specific peatland areas of biodiversity interest for protection, including legal protection where mechanisms are available (including but not limited to Lullymore/Allen/Lodge Bog, Harristown/Dunshane Common, Kingsbog Common, and Suncroft Common). BI A11 Develop Management Plans for County Biodiversity Sites where appropriate. BI A12 Support the development, where appropriate and feasible, of biodiversity awareness signage in the county. BI A13 Work with Teagasc and landowners throughout the county in order to identify suitable, appropriately designed ‘Hare’s Corner’ projects which would create pocket sized habitats that are linked with compatible habitats in the wider landscape in order to enhance biodiversity.396
- 12.9 Trees, Woodlands and Hedgerows 12.9.1 Hedgerows County Kildare’s hedgerow network is a huge asset to the county, being valuable in terms of agriculture, landscape, wild flora and fauna, water quality, carbon sequestration and employment. Hedgerows are also a valuable component of Ireland’s cultural and natural heritage. Most Irish hedgerows were planted during the 18th and 19th centuries, following Acts of Parliament obliging landowners to erect permanent boundaries between their properties. Hedgerows along townland boundaries often date from medieval times or even earlier, with some boundaries dating back to the Bronze Age bank-and-ditch enclosures. Older hedges made up of native trees and shrubs, tend to have greater value in wildlife and heritage terms, having larger banks and ditches and being richer in species diversity. A survey of Kildare hedgerows was conducted in 2006 (Foulkes, 2006) where the total length of hedgerow in County Kildare was estimated at 10,305km. The average figure for hedgerow density as 5.92 km/km². It is estimated that 1.2% of the county was covered in hedgerows in 2006. County Kildare’s hedgerows show a higher degree of fragmentation than those of other counties, largely due to the high degree of development in rural areas. This coupled with the fact that two thirds of hedges adjoin intensively managed farmland, means that there are implications for the overall biodiversity potential of the resource on farmland without extended field margins. Since the publication of the survey in 2006 Kildare’s hedgerows have further deteriorated due to removal for development, over-management, and under-management. Trees, woodlands and hedgerows make a valuable contribution to the landscape and visual amenity of County Kildare and provide wider environmental benefits that include carbon storage. Forests are acknowledged as important habitats for wildlife and Coillte’s forests play a key role in biodiversity protection and enhancement in County Kildare. Trees, either individually, as specimen trees, or in groups, also make an important contribution to the landscape of many of the country house demesnes throughout the county. Trees, woodlands and hedgerows perform many functions such as shelter from wind, act as a natural barrier, absorb pollutants and provide a biodiversity function in terms of provision of habitat and food sources and are important producers of oxygen and act as carbon sinks. In urban settings trees or groups of trees can contribute significantly to the local landscape or townscape and to the successful integration of new buildings into the landscape. The planting or retention of mature trees and hedgerows can contribute to amenity and more attractive developments as well as providing important wildlife habitats. The retention of trees should be considered at the earliest possible design stage in any new or redevelopment proposal. Under Section 37 of the Forestry Act 1946, as amended, with certain exceptions, it is illegal to uproot a tree over ten years of age or cut down a tree of any age unless notice of intention to do so has been given in accordance with the Forestry Act. Except for an area located within the boundaries of a town or borough council area, a tree felling licence from the Forest Service of the Department of Agriculture, Food and the397
- Marine is required if it is proposed to fell trees. The 2008 NPWS Native Woodlands Survey reports that there are 4,970 ha of native woodland in Kildare, representing 2.93% of the county land cover. The Tree Register of Ireland maintains a register of champion trees and lists 57 champion trees for County Kildare by virtue of their age, height and girth. Many of these trees are found within demesne landscapes which covered a significant area of land cover in the county in the past. When planting hedgerows, species indigenous to the area should be used. The County Kildare Hedgerow Survey (2006) identified the predominant hedgerow species in Kildare. These species are listed in Section 15.2.5, Chapter 15, Development Management Standards. 12.9.2 Tree Preservation Orders The local Government (Planning & Development) Act 1963 provides for the making of Tree Preservation Orders (TPOs) by the Planning Authority where it is considered desirable to preserve trees on amenity grounds. This Act was amended by the 1976 Planning Act, Section 14, which was amended by the 1992 Planning Act, Section 20 which was further amended by the 2000 Planning Act which outlined the legal framework and procedures in relation to the making of a TPO. TPOs prevent the cutting down, topping, lopping or willful destruction of trees without the specific consent of the Planning Authority. Such TPOs do not apply to the cutting of trees which are dead or dying or have become dangerous, or to the cutting of trees in compliance with statutory obligations to prevent or abate nuisance. There are a number of existing Tree Preservation Orders in the county (See Table 12.3). The Tree Preservation Guidelines (1994) which outline the means by which the Development Plan can assist the Planning Authority in achieving the preservation and enhancement of the amenity value of trees has also informed this section of the Plan. Location TPO reference Map reference (OS map No) Clane 1987/1 OS 6”14 Ballymore Eustace 1991/1 OS 6”29 Clogheen (Moore Abbey) 1988/1 OS 6”28 Clongowes 1987/1 OS 6” 14 Table 12.3 - Tree Preservation Orders in Co. Kildare Policy It is the policy of the Council to: BI P6 Recognise the important contribution trees and hedgerows make to the county biodiversity resource climate mitigation, resilience and adaptation.398
Source Kildare County Council: Kildare County Development Plan 2023–2029 — Chapter 12: Biodiversity and Green Infrastructure (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.