Development plan · Kilkenny County Council
Kilkenny City and County Development Plan 2021–2027
The council's development plan written statement: its strategy, policies, objectives and development standards.
Kilkenny County Council · 2021–2027 · 350 pages
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- Chapter 9 Heritage, Culture and the Arts Kilkenny City and County Development Plan Volume 1 133 The Council will promote the planting of native tree and shrub species, by committing to using native species (of local provenance wherever possible) in its landscaping work and on County Council property and maximise the opportunity to enhance biodiversity within the City & County during the life time of the plan. Development Management Requirements: • To protect existing woodlands, trees and hedgerows which are of amenity or biodiversity value and/or contribute to landscape character of the county, and to ensure that proper provision is made for their protection and management, when undertaking, approving or authorising development. • To ensure that when undertaking, approving or authorising development that sufficient information is provided to enable an assessment of impacts on woodlands, trees, and hedgerows. • To have regard to, and seek the conservation of identified trees and woodlands from a) the National Survey of Ancient and Long-Established Woodlands, b) the Tree Register of Ireland (c) sites of significance identified in the Kilkenny Woodlands Survey 1997, (d) the National Survey of Native Woodlands, and (e) Survey of Mature Trees in Kilkenny City and Environs, in the assessment of planning applications • To retain hedgerows, and other distinctive boundary treatment such as stone walls, when undertaking, authorising or approving development; where the loss of the existing boundary is unavoidable as part of development, to ensure that a new hedgerow is planted using native species, and species of local provenance to replace the existing hedgerow and/or that the wall is re-built using local stone and local vernacular design. • To discourage the felling of mature trees to facilitate development and, where appropriate make use of Tree Preservation Orders to protect important trees and groups of trees which may be at risk or have an amenity, biodiversity or historic value. • To require the planting of native broadleaved species, and species of local provenance, in new developments as appropriate. See Appendix G for a list of native trees and shrubs. 9.2.6 Inland Waters- Rivers, Streams and Groundwater The rivers, streams, wetlands and groundwater in County Kilkenny are important riparian zones and are home to a variety of plant and animal species, and are one of the most important biodiversity resources in the county. The Rivers Barrow, Nore and Suir (known collectively as the “Three Sisters”) are the principal rivers flowing through County Kilkenny. They are protected habitats under European legislation. The rivers provide a rich landscape setting for the towns and village of the county and are the primary green infrastructure network in the county. The economic benefits of the rivers are significant. The development of riverside walks has enabled greater access to the waterway corridors, whilst the rivers themselves are used for water-pursuits including angling, boating, canoeing and kayaking, and swimming. The River Nore Heritage Audit (2009-2011) identifies and maps the built, natural and cultural heritage of the River Nore corridor in County Kilkenny (See section 8.4.1.1 River Nore for further details). Groundwater is important for supplying water and maintaining wetlands and river flows in dry periods.
- Chapter 9 Heritage, Culture and the Arts Kilkenny City and County Development Plan Volume 1 134 Relevant planning applications shall have regard to the guidance document ‘Planning for Watercourses in the Urban Environment’. 9.2.7 Wetlands Wetlands include a wide range of habitats including watercourses, marshes, fens, bogs, turloughs, wet woodlands and estuaries. They support a variety of habitats and species, function in the protection of water quality and flood control, are important carbon stores contributing to climate resilience, and provide open space and recreational opportunities. The County Kilkenny Preliminary Wetland Survey, 2020 provides baseline ecological data on wetland sites in the county. National planning legislation requires that work or development involving the drainage or reclamation of a wetland greater than 0.1ha needs planning permission. For drainage or reclamation of wetlands greater than 2ha, an Environmental Assessment is required. The Council will protect, manage and enhance the wetlands of the County having regard to the ‘County Kilkenny Preliminary Wetland Survey, 2020’ and subsequent surveys published during the lifetime of this plan. The Council will also ensure that there is an appropriate level of assessment in relation to proposals which involve draining, reclaiming or infilling of wetland habitats. 9.2.8 Peatlands Peatlands are important ecosystems sustaining a range of animal and plant species. The distribution of peatland in Kilkenny is shown on Figure 9.3. Industrial extraction of peat for energy and horticulture in Kilkenny is limited to a small area in the northwest of the county, adjacent to the Tipperary county boundary. Damage to peatlands can occur from domestic peat extraction, afforestation, wind farms, recreational activities and invasive species. Peatlands may contain archaeological artefacts. The National Peatland Strategy9 guides peatland management and conservation. Baunmore Bog has been selected by Bord Na Móna to be part of a project to establish and accelerate the development of native woodland that would have climate action benefits and provide significant new habitat for a wide range of species. The Council will protect peatlands from inappropriate development having regard to their amenity and biodiversity value and their visual sensitivity. 9.2.9 Pollinators One third of our bee species are threatened with extinction from Ireland. Habitat loss, loss of food sources, pests and disease, pesticide and climate change all contribute. In addition to their intrinsic value, they are vital to our agricultural and horticultural industries, contribute to our health and wellbeing, and also pollinate up to 78% of flowering plants. Kilkenny County Council has adopted the All Ireland Pollinator Plan (www.pollinator.ie), a national framework which aims to make Ireland a place where pollinators thrive. The Council will continue to 9 Department of Arts, Heritage and the Gaeltacht, National Peatland Strategy, 2015
- Chapter 9 Heritage, Culture and the Arts Kilkenny City and County Development Plan Volume 1 135 support the implementation of the All Ireland Pollinator Plan and is committed to undertaking actions to support pollinators in the county. The Council will in as far as is practicable and affordable manage and restore semi-natural habitats and their native plants on Council land. 9.2.10 Invasive Species Invasive non-native plant and animal species (animals and plants that are introduced accidently or deliberately into a natural environment where they are not normally found) are a significant threat to biodiversity. They can negatively impact on native species, can transform habitats and threaten ecosystems causing serious problems to the environment, buildings and the economy. Irish legislation makes it an offence to plant, breed, disperse, allow dispersal or cause to grow a range of plant and animal species, or to import or transport these or vector material such as soil or spoil from which they can grow (Articles 49 and 50 of the European Communities (Birds and Natural Habitats) Regulations 2011). The Council will seek to prevent the spread of invasive non-native species. Development Management Requirements: • To require relevant development proposals to address the presence or absence of invasive alien species on proposed development sites and (if necessary) require applicants to prepare and submit an Invasive Species Management Plan where such a species exists to comply with the provisions of the European Communities (Birds and Natural Habitats) Regulations 2011-2015. • For proposals connected to surface water systems, risks associated with the spread of crayfish plague shall be considered and applicants should submit a crayfish plague management strategy where appropriate. 9.2.11 Native Plant Species Where possible, the use of native plants and seeds from indigenous seed sources should be used on all developments and landscape projects/treatments. This will help to: • contribute to national commitments on the conservation of biological diversity by establishing native habitats and reducing the planting and dispersion of non-native plants • support a reduction in the threat posed by the importation of pests and diseases carried on non-native (and non-indigenously sourced) plant material • compensate for loss of habitat • maintain regional identity, landscape character and diversity Development Management Requirement: • The Council will promote the use of native plants and seeds from indigenous seed sources in all landscape projects
- Chapter 9 Heritage, Culture and the Arts Kilkenny City and County Development Plan Volume 1 136 9.2.12 Landscape "Landscape" is defined as an area whose character is the result of the action and interaction of natural and/or human factors. The landscape of County Kilkenny is a dynamic and valuable resource which incorporates all aspects of the natural, built and cultural heritage. Landscapes provide a sense of place and characterise the county for local residents and visitors alike both in terms of a place to live and also for recreational and tourism purposes. Developments by their nature are likely to have some varying degree of visual impact on a landscape’s character profile depending on the type, use and scale of development proposed. It is important that Kilkenny’s landscape as a resource is sensibly managed and protected. Consequently, the onus shall be on the developer to satisfactorily demonstrate that such new development can be adequately absorbed into its surrounding landscape without significant adverse visual impacts to its overall landscape value. The County’s landscapes offer a significant economic asset, with the agricultural and tourism potential of the rivers and upland landscapes being of particular significance. The protection and promotion of the landscape as an economic product is therefore critical. The European Landscape Convention promotes the protection, management and planning of European landscapes. The Convention was adopted by the Council of Europe in October 2000 and came into force in March 2004. The Department of Arts, Heritage and Gaeltacht published a National Landscape Strategy10, in 2015 One of the recommendations of the NLS is to develop a National Landscape Character Assessment, and once that is completed the Council will review its own LCA to ensure compliance. 9.2.12.1 Landscape Character Assessment Landscape Character Assessment (LCA) is a process which describes, maps and classifies landscapes objectively. Defining landscape character enables an understanding to be formed of the inherent value and importance of individual landscape elements and the processes that may alter landscape character in the future. Having regard to the European Landscape Convention a Landscape Character Assessment report was prepared for County Kilkenny in 2003 (in accordance with the Landscape and Landscape Assessment Guidelines for Planning Authorities, 200011). The Landscape Character Assessment identified four landscape character types, which are subdivided into 14 landscape character areas, with some areas identified as being of special landscape character value and also identified features and areas of high landscape sensitivity. The Council will protect and sustainably manage the landscape character of County Kilkenny, having regard to the findings of the landscape character assessment and the Development Management 10 https://www.gov.ie/en/publication/8a59b-national-landscape-strategy/ 11 Department of Arts, Heritage and the Gaeltacht, National Landscape Strategy for Ireland 2015 – 2025, 2015
- Chapter 9 Heritage, Culture and the Arts Kilkenny City and County Development Plan Volume 1 137 Requirements as set out in this chapter for the sustainable development of the county and appropriate conservation of its landscape character. 9.2.12.2 Landscape Character Types Landscape Character Types are distinct types of landscape that are relatively homogenous in character and are generic in nature in that they may occur in different localities throughout the county, but share similar combinations of geology, topography, land cover and historical land use, for example, Upland Areas. The Landscape Character Assessment divides the county into four landscape character types (LCTs). These are: • Upland Areas, • Lowland Areas, • River Valleys, and • Transitional Areas. 9.2.12.3 Landscape Character Areas LCTs are sub-divided into 14 geographically specific Landscape Character Areas. Landscape character areas and types are identified in Figure 9.2 (for further details please refer to the Landscape Character Assessment, which formed Appendix C to the 2008 Development Plan, and is reproduced in full on the Council’s website12 and available for inspection at the Planning Section of the Council). Landscape Character Areas are units of the landscape that are geographically specific and have their own character and sense of place. Each has its own distinctive character, based upon patterns of geology, landform, landuse, cultural, historical and ecological features. 9.2.12.4 Landscape Character Values In addition to the physical and visual characteristics of the landscape, communities or individuals attach certain values to the landscape. Landscape values can be described as the environmental or cultural benefits (including services and functions) derived from various landscape attributes. Landscape Areas of Highly Scenic and Significant Visual Amenity Value The Landscape Character Assessment highlights the special landscape value of several of the Landscape Character Areas illustrated in Figure 9.2 – in particular Brandon Hill Uplands and the River Valley Areas of the Rivers Nore, Barrow and Suir have been identified as being highly scenic and visually pleasing, and as having significant visual amenity value and tourism potential within the county. Development Management Requirement: • To ensure that development within the Landscape Character Areas of Brandon Hill Uplands and the River Valleys of the Nore, Barrow and Suir, which are highly scenic and visually 12http://www.kilkennycoco.ie/resources/eng/Services/Planning/DevelopmentPlans/Appendix_C_Landscape_Character_As sessment.pdf
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- Chapter 9 Heritage, Culture and the Arts Kilkenny City and County Development Plan Volume 1 138 pleasing, and of significant visual amenity value, are carefully sited and designed and can be successfully assimilated into the landscape. 9.2.12.5 Landscape Character Sensitivity The sensitivity of the Landscape Character Areas is defined as its overall resilience to sustain its character in the face of change and its ability to recover from loss or damage to its components. Areas of Greater Sensitivity The Landscape Character Assessment identified areas throughout the county that are highly sensitive to development and have a limited capacity for change. These areas are identified on Figure 9.3. These areas take account of areas of higher altitude in the county and of land cover. In general areas of elevated topography, with low growing or sparse vegetation and little existing development are landscapes of high sensitivity and have a low potential to absorb new development. Sensitive land-use categories include areas which are open and exposed with sparse or low growing vegetation cover which is insufficient to provide screening. Even if planting is introduced, the exposed nature of these areas will not support any significant tall vegetation. Due to this, any development would be visible over a wide area. The exceptions to this are broadleaved, mixed forest and transitional woodland scrub areas which do support tall vegetation with potential to screen development. However, these categories area sensitive due to their natural character and their longevity in the landscape; any loss to their structure (for example, through felling) would have a visual impact over a wide area. 9.2.12.6 Views and Prospects There is a need to protect and conserve views and prospects adjoining public roads and river valleys throughout the county where these views are of high amenity value. In conserving views, it is not proposed that this should give rise to the prohibition of development along these routes but development, where permitted, should not seriously hinder or obstruct these views and should be designed and located to minimise their impact. The views and prospects to be protected are contained in Appendix H to the Plan and are shown on Figure 9.2. The Planning Authority will be cognisant of the impact of developments within the county on views from neighbouring counties. The Council will preserve and support the improvement of places or areas from which views or prospects of special amenity value exist, as identified in Appendix H and on Figure 9.2. Development Management Requirements: • To protect the landscape character, quality and local distinctiveness of County Kilkenny, and have regard to the guidance set out in the Landscape Character Assessment. • Where necessary, to require that applications are accompanied by a visual impact assessment, particularly in upland areas, river valleys and areas of greater sensitivity.
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- Chapter 9 Heritage, Culture and the Arts Kilkenny City and County Development Plan Volume 1 139 • To facilitate appropriate development that reflects the scale, character and sensitivities of the local landscape throughout the county, and require that developments minimise the loss of natural features such as trees, hedgerows and stone walls. • To facilitate, where appropriate, developments that have a functional and locational natural resource requirement to be situated on steep or elevated sites (e.g. reservoir, telecommunications or wind energy structures) with reference to the appropriate County strategies currently in place, and to ensure that any residual adverse visual impacts are minimised or mitigated. • To ensure that development in upland areas or on steep slopes will not have a disproportionate or dominating visual impact (due to excessive bulk, scale or inappropriate siting) and will not significantly interfere or detract from scenic upland vistas, or when viewed from public areas, scenic routes, viewpoints or settlements. • To have particular regard to the potential impacts of new development on sensitive upland areas, and to materially consider the difficulty of establishing and maintaining screening vegetation when assessing development proposals in these areas. • To continue to permit development that can utilise existing structures and settlement areas whilst taking account of the local visual absorption opportunities provided by existing topography and prevailing vegetation and to direct new development whenever possible towards the vicinity of existing structures and mature vegetation in the Lowland Areas, River Valleys and Transitional Areas. • To recognise that in the Lowland Areas which are comprised of low lying open environments, tall and bulky development sometimes can have a disproportionate impact against the landscape particularly when viewed from the predominantly low lying areas of the public realm. Visually obtrusive and/or insensitive development shall be discouraged in such instances. • To ensure that development in the River Valleys will not adversely affect or detract from either protected views (see Appendix H) (especially from bridges) or distinctive linear sections of river valleys (especially open floodplains) when viewed from settlements. • To maintain the visual integrity of areas of greater sensitivity in the county and ensure that any development in these areas is appropriately sited and designed. Applicants shall demonstrate that the proposed development can be assimilated into the landscape and will not have a disproportionate visual impact on the landscape. 9.3 Built Heritage Built heritage includes all man-made features, buildings, and structures in the environment. It includes our rich and varied archaeological and architectural heritage. • The Council will encourage the sensitive redevelopment and / or return to suitable use, of derelict, vacant or redundant buildings, in appropriate locations in order to provide for visitor accommodation and tourism development, while having regard to ecological constraints and architectural heritage requirements.
- Chapter 9 Heritage, Culture and the Arts Kilkenny City and County Development Plan Volume 1 140 • The Council will encourage the reuse and refurbishment of vernacular buildings (houses or farm/industrial buildings) in appropriate locations for tourist related facilities, including holiday home accommodation. The development shall relate in scale to the site’s characteristics and location, shall not be detrimental to the rural amenity of the surrounding area and be in accordance with the development standards of this plan, particularly as they relate to the protection of the natural and built environment. 9.3.1 Archaeological Heritage Our archaeological heritage consists of the material remains left behind by past societies and includes structures, places, sites, features or portable objects, whether on land, underwater or in the intertidal zone. It contributes to our understanding of our past and also to our cultural, educational and tourism assets. Archaeological sites and monuments vary in form and date. In Kilkenny our archaeological heritage dates from the Mesolithic Period (8000 BC) to the end of the Medieval Period (1700 AD) and includes earthworks (e.g. ringforts), megalithic sites; Fulachta Fiadh; early Christian ecclesiastical sites, churches, graveyards, medieval buildings; castles, industrial archaeology and underwater sites. Archaeological remains may not always be isolated finds or sites but may have been linked at one time with other archaeological monuments in the immediate vicinity or sometimes in more distant locations – creating archaeological landscapes. Archaeological heritage is a resource that can help us to understand the past. It also is of importance in terms of heritage tourism, and as an educational resource. The Council will promote awareness of, and facilitate access to, the archaeological inheritance of County Kilkenny and will provide guidance to developers and property owners regarding the archaeological implications of proposed developments. The National Monuments Acts 1930 – 2004 provide for the protection of archaeological heritage. The principles set out in the Framework and Principles for the Protection of the Archaeological Heritage13 provide the national policy framework in relation to archaeological heritage. There are different levels of monument protection under the National Monuments Acts: • A level of universal protection is afforded to all monuments listed in the Record of Monuments and Places (RMP). All entries on the list are known as Recorded Monuments. The RMP for County Kilkenny can be viewed in the Council’s Planning Department and online at www.archaeology.ie. • A lesser number of monuments are accorded a higher level of protection, that is, some are entered on the Register of Historic Monuments. • The highest level of protection is afforded to National Monuments, i.e., monuments deemed to be of national significance. A list of National Monuments, including those subject to a preservation order (or temporary preservation order), and those in State Care, is available from the National Monuments Service. 13 Department of Arts, Heritage, Gaeltacht and the Islands, Framework and Principles for the Protection of the Archaeological Heritage, 1999
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