Kilkenny City and County Development Plan 2021–2027

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   Chapter 9 Heritage, Culture and the Arts Kilkenny City and County Development Plan Volume 1 124 9 Heritage, Culture and the Arts Strategic Aim: To seek the protection and sustainable management of the arts, culture and heritage of Kilkenny for the benefit of current and future generations; to encourage the collection of knowledge to inform its protection; and to promote access to, awareness of and enjoyment of Heritage, Arts and Culture, to further develop the infrastructure and actively support engagement with communities. throughout Kilkenny. 9.1 Introduction County Kilkenny has a rich and varied built, natural and cultural heritage resource. Landscapes, rivers, woodlands, hedgerows, geology, plants and animals are all part of our natural heritage. Archaeological sites and many other buildings and structures such as houses, shops, churches, bridges and mills are features of our built heritage. Our cultural heritage includes aspects of heritage such as traditions, practices, knowledge and skills, which are an expression of our culture. Kilkenny’s heritage is that which makes the county unique, what gives it its special character and its ‘sense of place’. Heritage has many values including economic, social, environmental and cultural1. It is vital for the health, well-being and quality of life of communities. It is a valuable economic resource. It underpins Kilkenny’s tourism and agricultural sectors, and brings significant economic benefits to the county and its residents. Protecting and enhancing our heritage is vital to the health, well-being and quality of life of our communities. County Kilkenny’s heritage plays a key role in planning for climate change in the county. It will be affected by changes in climate, and it also has the capacity to be part of our climate adaptation and resilience strategies. The National Heritage Plan and the National Biodiversity Action Plan recognise the key role that local authorities, and locally-led action, plays in heritage awareness and management. A key element of both plans is an enhanced role for local authorities in heritage management, to be given effect through the preparation and implementation of County Heritage Plans and Biodiversity Action Plans. The County Kilkenny Heritage Plan and County Kilkenny Biodiversity Plan are incorporated in the Kilkenny County Council Cultural Strategy 2018-20222. Under this remit the Council will support the implementation of the National Heritage Plan (Heritage 2030, in preparation) and the National Biodiversity Action Plan 2017-2021 (and subsequent plans). It will seek the protection and sustainable management of the heritage of County Kilkenny for the benefit of current and future generations. Through its policies and actions, the Council will promote increased awareness of the heritage of the county. 1 Ecorys and Fitzpatricks and Associates, Valuing Heritage: Scoping Study. A report to Kildare, Kilkenny and Meath County and Cork City Councils, 2015 2 Kilkenny County Council, Cultural Strategy 2018 - 2022

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   Chapter 9 Heritage, Culture and the Arts Kilkenny City and County Development Plan Volume 1 125 The Council will support the implementation of the National Heritage Plan and National Biodiversity Action Plan. The Council will prepare and implement, in partnership with the Kilkenny Heritage Forum and all relevant stakeholders, a County Heritage Plan and County Biodiversity Action Plan. The Council will also support the implementation of key legislation and national and local policies, programmes and plans which identify, protect and promote Kilkenny’s heritage3. It is the aim of the Council to develop and support programmes which encourage active participation in identifying, recording, protecting, communicating and enjoying Kilkenny’s heritage4. 9.2 Natural Heritage and Biodiversity Natural heritage, also referred to as biodiversity, includes the variety of life around us. It comprises all plants and animals (including humans), fungi, algae and micro-organisms, the habitat where they live and their genetic diversity. It also includes the physical and geological foundation that forms landscapes. Biodiversity is important because all of life depends on biodiversity for survival. Our biodiversity underpins important economic sectors such as agriculture, tourism and recreation and is a core component of the county’s green infrastructure. Protection and wise use of the county’s natural resources is necessary to achieve sustainable development. The Council will support the implementation of the Biodiversity Climate Change Sectoral Adaptation Plan5. It is the aim of the Council to conserve, sustainably manage and enhance the County’s natural heritage and biodiversity and to promote understanding of and sustainable access to it. A number of areas in County Kilkenny have been identified as being of exceptional importance for biodiversity at a national and/or international level (See Table 9.1 and Figure 9.1). These areas are protected through national and European legislation. In addition, certain plant, animal and bird species found in the county are considered rare or vulnerable and are protected by Irish law. 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 and will promote appropriate enhancement of the natural environment as an integral part of all development. 9.2.1 Protected habitats and species designated for nature conservation 9.2.1.1 European Sites (Natura 2000) The EU Habitats Directive (92/43/EEC) and EU Birds Directive (2009/147/EC) provide for the conservation and protection of breeding and resting sites for rare and threatened species, and rare habitat types in a European context considered to be most in need of conservation. Such sites form 3 ibid 4 ibid 5 Department of Culture, Heritage and the Gaeltacht, Biodiversity Climate Change Sectoral Adaptation Plan, 2019

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   Chapter 9 Heritage, Culture and the Arts Kilkenny City and County Development Plan Volume 1 126 part of an EU network of ecologically important and protected sites known as Natura 2000 sites and comprise: • Special Areas of Conservation (SACs) – these sites are selected for the conservation and protection of plant and animal species (other than birds) and habitats listed in Annex I and Annex II of the EU Habitats Directive (92/43/EEC) respectively. • Special Protection Areas (SPAs) – these sites are selected for the conservation and protection of birds and their habitats designated under the EU Birds Directive 2009 (2009/147/EC) (first adopted in 1979) and transposed into Irish law by the Conservation of Wild Birds Regulations (SI 291 of 1985). There are 8 Natura 2000 sites within the County (see Table 9.1 and Figure 9.1). The National Parks and Wildlife Service, Department of Housing, Local Government and Heritage identify, evaluate and propose sites for designation. The boundaries of protected areas may change and/or new sites may be proposed for designation during the lifetime of this Plan. Up-to-date information on boundaries and details of designated sites is available on the National Parks and Wildlife Service website (www.npws.ie). As set out in Chapter 1, the Council will ensure that an Appropriate Assessment, in accordance with Articles 6(3) and Article 6(4) is carried out in respect of any plan or project not directly connected with or necessary to the management of the site, but likely to have a significant effect on a Natura 2000 site(s), either individually or in combination with other plans or projects, in view of the site’s conservation objectives. There are a number of overlaps between areas zoned for development and/or areas within settlement boundaries and European Sites (Special Areas of Conservation and Special Protection Areas). These European Sites are protected from inappropriate development under the European Habitats and Birds Directives, transposing national legislation and various provisions under this Plan. The protection of the integrity of European Sites as per these requirements will take primacy over other Plan provisions. Visitor and Habitat Management The Council will seek to control the impact of visitor numbers in order to avoid significant effects including loss of habitat and disturbance, including ensuring that new any projects, such as greenways, are a suitable distance from ecological sensitivities, such as riparian zones. As per Section 1.3, all projects that may have a significant effect on any Natura 2000 site, either individually or in combination with other plans or projects, shall be subject to appropriate assessment of its implications for the site in view of the site’s conservation objectives. Control measures may include ensuring that new projects and activities are a suitable distance from ecological sensitivities. Visitor/Habitat Management Plans will be required for projects as relevant and appropriate. Integrated Management Plans for European Sites The Council shall be available to engage with the NPWS with the objective of achieving the preparation and implementation of Integrated Management Plans, informed as appropriate by comprehensive species surveys, for sites within the County, including those which are designated for Kingfisher and Otter. Such Plans would establish the necessary conservation measures for European sites in line with the Habitats Directive and be integrated with other plans and programmes, with the intention that

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   Chapter 9 Heritage, Culture and the Arts Kilkenny City and County Development Plan Volume 1 127 such plans are practical, achievable and sustainable and have regard to all relevant ecological, cultural, social and economic considerations, including those of local communities. Development Management Requirements AAs for Recreation AAs for recreational projects that have the potential to affect the integrity of any European site shall demonstrate that potential direct, indirect and cumulative effects including in relation to the following issues, have been adequately mitigated, where they exist: • Hard infrastructure in riparian zones; • Increased recreational access; • Species and populations of conservation concern, such as Kingfisher and Otter where relevant; and • Water quality 9.2.1.2 Natural Heritage Area Natural Heritage Areas (NHAs) and proposed Natural Heritage Areas (pNHAs) are designated under the Wildlife (Amendment) Act 2000 and encompass nationally important semi-natural and natural habitats, landforms and geomorphological features. There are 34 Natural Heritage Areas in the county. See Table 9.1 and Figure 9.1. 9.2.1.3 Statutory Nature Reserve A Nature Reserve is an area of importance to wildlife which is protected under Ministerial order. Most are owned by the State. There are 4 Statutory Nature Reserves in the county. See Table 9.1 and Figure 9.1. 9.2.1.4 Wildfowl Sanctuary Wildfowl Sanctuaries are areas that have been excluded from the ‘Open Season Order’ so that game birds can rest and feed undisturbed. Shooting of game birds is not allowed in these sanctuaries. There are 2 wildfowl sanctuaries in the county. See Table 9.1 and Figure 9.1. 9.2.1.5 Protected Plant and Animal Species Certain plant, animal and bird species are protected by law. These includes plant species listed in the Flora (Protection) Order 2015 (S.I. No. 356 of 2015) (or other such Orders) and animals and birds listed in the Wildlife Act, 1976 and subsequent statutory instruments, those listed in Annex IV of the Habitats Directive (92/43/EEC), and those listed in Annex I of the Birds Directive. The Planning Authority will consult with the National Parks and Wildlife Service (a) in respect of any proposed development where there is a possibility that such development may have an impact on a protected area of international or national importance, and (b) take account of any licensing requirements, when undertaking, or approving development which is likely to affect plant, animal or bird species protected by national or European legislation. The Council will protect and, where possible, enhance the natural heritage sites designated under EU legislation and national legislation (Habitats Directive, Birds Directive, European Communities (Birds

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   Chapter 9 Heritage, Culture and the Arts Kilkenny City and County Development Plan Volume 1 128 and Natural Habitats) Regulations 2011 and Wildlife Acts). This protection will extend to any additions or alterations to sites that may arise during the lifetime of this plan. The Council will also protect and, where possible, enhance the plant and animal species and their habitats that have been identified under European legislation (Habitats and Birds Directive) and protected under national Legislation (European Communities (Birds and Natural Habitats) Regulations 2011 (SI 477 of 2011), Wildlife Acts 1976-2010 and the Flora Protection Order (SI94 of 1999). Development Management Requirements: • Ensure that an ecological impact assessment is carried out, by suitably qualified professional(s), for any proposed development likely to have a significant impact on rare and threatened species including those species protected by law and their habitats. Ensure appropriate avoidance and mitigation measures are incorporated into development proposals as part of any ecological impact assessment. Table 9.1 Protected Habitats of International and National Importance Site Name Site Code/Ref SAC SPA pNHA SNR WF Cullahill Mountain 000831  Hugginstown Fen 000404   Galmoy Fen 001858   Lower River Suir 002137  River Barrow & River Nore 002162    River Nore 004233  Spa Hill & Clomantagh Hill 000849  The Loughans 000407  Thomastown Quarry 002252  Archersgrove 002051  Ardaloo Fen 000821  Ballykeeffe Woodland 000400   Barrow River Estuary 000698  Brownstown Wood 000827  Clohastia 000830  Coan Bogs* 002382  Dunmore Cave 000401  Dunmore Complex 001859  Esker Pits 000832  Fiddown Island 000402   Garryrickin Nature Reserve 000403   Grannyferry 000833  Ice House near Inistioge 002094  Inchbeg 000836  Inistioge 000837 

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   Chapter 9 Heritage, Culture and the Arts Kilkenny City and County Development Plan Volume 1 129 Kilkeasy Bog 000839  Kyleadohir Wood Nature Reserve 000405   Kylecorragh Wood 000842  Lough Cullin 000406   Lough Macask 001914  Mothel Church, Coolcullen 000408  Mount Juliet 000843  Murphy's of the River 000844  Newpark Marsh 000845  Rathsnagadan Wood 000409  Red Bog, Dungarvan 000846  Thomastown 000410  Tibberaghny Marshes 000411  Whitehall Quarries 000855  See www.npws.ie for further information. * refers to the fact that Coan bog is an NHA, not a pNHA 9.2.2 Biodiversity Outside of Habitats Designated for Nature Conservation Much of the biodiversity in the county occurs in the wider countryside, i.e., in areas which are not subject to legal protection under National or EU biodiversity law. These habitats and features are particularly important in contributing to the biodiversity, landscape value and sense of place of the county. They provide vital links and corridors to allow the movement of plant and animals between the network of protected sites. These features include: hedgerows, ditches and banks, stone walls, woodlands, estates and parklands, rivers, streams and associated riparian zones, reservoirs, ponds and canals. Such corridors or interconnected networks are the basis of our Green Infrastructure. Article 10 of the Habitats Directive outlines the obligations of EU member states in relation to natural heritage in the wider countryside. It provides that through land use planning and development policies, Planning Authorities shall endeavour to improve the ecological coherence of the Natura 2000 network and encourage the management of landscape features that are of major importance for wild fauna and flora. Such features are those which, by virtue of their function and structure are essential for the migration, dispersal and genetic exchange of wild species and form part of the network of green infrastructure. Kilkenny County Council has commissioned, and continues to commission, habitat assessments and Green Infrastructure surveys of a number of towns, villages, and habitats throughout the county, including Kilkenny City, Gowran, Fiddown, Piltown, Johnstown, Urlingford, Ballyragget, Ballyhale, Mooncoin, Thomastown, and Knocktopher. The findings of these surveys are vital to improving our understanding of biodiversity resource in the county and will be used to inform the development management process.

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   Chapter 9 Heritage, Culture and the Arts Kilkenny City and County Development Plan Volume 1 130 Development Management Requirements: • To ensure that development proposals, where relevant, improve the ecological coherence of the Natura 2000 network and encourage the retention and management of landscape features that are of major importance for wild fauna and flora as per Article 10 of the Habitats Directive. • To protect and where possible enhance wildlife habitats and landscape features which act as ecological corridors/networks and stepping stones, such as river corridors, hedgerows and road verges, and to minimise the loss of habitats and features of the wider countryside (such as ponds, wetlands, trees) which are not within designated sites. • To ensure that appropriate mitigation and/or compensation measures to conserve biodiversity, landscape character and green infrastructure networks are required in developments where habitats are at risk or lost as part of a development. 9.2.3 Green Infrastructure Green Infrastructure can be defined as strategically planned and interconnected networks of green space and water capable of delivering ecosystem services and quality of life benefits. Green Infrastructure can include parks, open spaces, rivers, farmland, playing fields, woodlands, allotments and private gardens which surround and intersperse our towns and villages. The National Planning Framework (NPF) highlights the importance of the interrelationships between biodiversity, natural heritage, landscape and our green spaces. The NPF states that integrated planning for green infrastructure and ecosystem services will be incorporated into the preparation of statutory land use plans It should be designed and managed as a multifunctional resource capable of delivering a wide range of economic, environmental and quality of life benefits for local communities including: • adaptation to the impacts of climate change and flooding • high-quality environment which can attract investment and new business • places for people to access nature, outdoor recreation and for social interaction • local food production - in allotments, gardens and through agriculture • space for nature and wildlife to flourish • a sense of place and local distinctiveness • a resource for environmental education Green Infrastructure planning has a significant role to play in assisting in the protection of Natura 2000 sites, biodiversity in the wider countryside and climate resilience. The Council’s Land Use Plans will protect, manage and provide, where possible, green infrastructure in an integrated and coherent manner. Objective 9A Continue to identify and map habitats and green infrastructure of county importance, and raise awareness and understanding of the county’s natural heritage and biodiversity identifying green corridors and measures to connect them.

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   Chapter 9 Heritage, Culture and the Arts Kilkenny City and County Development Plan Volume 1 131 Development Management Requirement: • Require all developments in the early pre-planning stage of the planning process to identify, protect and enhance ecological features and habitats, and making provision for local biodiversity (e.g. through protection of existing breeding sites, and provision of appropriate new infrastructure such as swift, bat and barn owl boxes, bat roost sites, green roofs, etc.) and provide links to the wider Green Infrastructure network as an essential part of the design process. 9.2.4 Geological Heritage The Geological Survey of Ireland (GSI) has assessed the geological heritage of County Kilkenny and identified sites of geological and geomorphological importance, and recommended their protection as County Geological Sites6 (See Appendix D). Some of these sites may in future be designated by the Department of Housing, Local Government and Heritage and the GSI as Natural Heritage Areas (NHAs) because of their geological interest from a national perspective. In the interim, the Council will seek to maintain the geological value of these sites and to protect, and where appropriate, enhance their geological and geomorphological heritage values. The locations of the sites are shown on Figure 9.1. The Council will consult the Geological Survey of Ireland when considering undertaking, approving or authorising developments which are likely to affect County Geological Sites. In some locations, in consultation with landowners, it may be possible to access geological and geo-morphological features of interest, and the Council will support and facilitate this where appropriate. 9.2.5 Woodland, Trees and Hedgerows Woodlands and trees contribute significantly to the biodiversity and landscape character of the county. They are a vital part of a network of habitats, ecological ‘corridors’ and ‘stepping stones’ essential for wildlife to flourish and move between and within habitats. They have a vital role to play in climate adaptation. They filter out noise, dust and pollutants and help minimise flooding by retaining moisture. Useful databases and sources of information on woodlands and trees in County Kilkenny include: 6 Clarke, A., Parkes, M. & Gatley, S. 2007. The Geological Heritage of Kilkenny. An audit of County Geological Sites in Kilkenny. Geological Survey of Ireland. Unpublished Report. https://www.gsi.ie/ga-ie/publications/Pages/The-Geological-Heritage-of-Kilkenny.aspx Objective 9B To identify and map green infrastructure assets and sites of local biodiversity value over the lifetime of the Plan.

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    Chapter 9 Heritage, Culture and the Arts Kilkenny City and County Development Plan Volume 1 132 • Ancient woodlands are areas which have been wooded since 1660. 28 Possible ancient woodlands (PAWS) and long-established woodlands (LEWS) were identified by the NPWS in Co. Kilkenny7 • The Tree Register of Ireland (TROI) database of outstanding trees in Ireland compiled by the Tree Council of Ireland identifies significant trees in the county. A copy of the TROI for Kilkenny is available to view from the Parks Department of Kilkenny County Council. • Woodland Survey of Kilkenny (Kilkenny County Council, 1997) identifies the amenity potential of woodlands in the county. A copy of the survey is available to view from the Parks Department of Kilkenny County Council. • The National Survey of Native Woodlands (2003-2008) identified and surveyed 58 sites in Kilkenny as part of a National Survey8. • Survey of Mature Trees Kilkenny City, see Appendix F There are a number of legislative measures which recognise the importance of trees and woodlands and provide for their protection. These include: i. Tree Preservation Orders (TPO’s) Under the Planning and Development Act 2000, TPO’s allow for the protection of trees, groups of trees and woods of amenity value. Trees, which are the subject of a TPO, cannot be felled unless the owner also obtains planning permission. See Appendix E for list of current TPO’s in the county. This list may be added to over the course of this Plan. Consult with the Parks Department of the County Council for the most up-to-date list. The Council will conserve important trees, groups of trees or woodlands, using Tree Preservation Orders, as appropriate. ii. Tree Felling Under the Forestry Act 2014, with certain exceptions, it is illegal to uproot or cut down any tree unless notice of intention to do so has been given in accordance with the Act. The Council will provide guidance to landowners on the legal requirements and procedures in relation to tree felling in order to protect the landscape character and biodiversity of the county. 9.2.5.1 Hedgerows Hedgerows contribute significantly to biodiversity and landscape character. They have an important farming function, they are wildlife habitats, and corridors, between habitats, and they also have historical significance as townland and field boundaries. Hedgerows are afforded protection under the Wildlife (Amendment) Act, 2000, prohibiting the cutting of hedges within the bird nesting period (1st March -31st August). Kilkenny County Council has undertaken surveys of hedgerows in a number of areas/settlements around the county, as part of the Habitat and Green Infrastructure Assessments, undertaken to inform Local Area Plans (See Section 9.2.2 Biodiversity Outside of Habitats Designated). 7 Department of Environment, Heritage and Local Government, A provisional inventory of ancient and long-established woodland in Ireland, 2010 8 BEC Consultants, National Survey of Native Woodlands 2003-2008, 2008

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