Kilkenny City and County Development Plan 2021–2027

1. Page 231

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   Chapter 9 Heritage, Culture and the Arts Kilkenny City and County Development Plan Volume 1 172 Cultural Strategy Arts, Heritage and Libraries 2018-202240 to support the library to provide a multifaceted service which can play a vital role in the lives of individuals and their communities. 40 https://kilkennyheritage.ie/2018/09/creative-kilkenny-culture-creativity-strategy-2018-2022-2/ Objectives 9O To progress and achieve completion of a City Library for Kilkenny City at the Mayfair ballroom. 9P Investigate and examine the redevelopment of library services in Thomastown and Callan.

2. Page 232

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   Chapter 10 Infrastructure & Environment Kilkenny City and County Development Plan Volume 1 173 10 Infrastructure & Environment Strategic Aim: To ensure a sufficient level of water services within the county for the implementation of the core strategy, provide a framework for the protection of the environment, including water quality, the avoidance of flood risk and the provision of a high-quality telecommunications infrastructure. 10.1 Water services 10.1.1 Background Water distribution input in the county has amounted to 27,166 m3 per day over 365 days, amounting to 9,915,500 m3 of potable water per year. Given the losses on the network, a far greater production is however required to meet the future demand. Wastewater in similar quantities is disposed of back to the environment. Irish Water was incorporated in July 2013, as a company under the Water Services Act 2013. Irish Water took on the operation of the assets through Service Level Agreements (SLAs) with all initial 34 local authorities who continue to provide day to day operations. Irish Water now brings the water and wastewater services of the 31 local authorities (after amalgamation of the previous 34) together under one national service provider. From the 1st January, 2014, Irish Water became responsible for all public water services, involving the supply of drinking water and the collection, treatment and disposal of wastewater. Irish Water’s primary function is to provide public water and wastewater services nationally. In providing these services Irish Water plays a central role in enabling economic growth, protecting both the environment and the health and safety of the population of the county. Irish Water also took over responsibility for planning and managing capital projects. Potential challenges to the future provision of services include the effects of climate change such as flooding or periods of drought which would have impacts on drinking water, water quality, foul drainage and wastewater. The protection of our water resources is of fundamental importance as it is directly related to our health, well-being and ultimately our quality of life.

3. Page 233

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   Chapter 10 Infrastructure & Environment Kilkenny City and County Development Plan Volume 1 174 10.1.2 Capital Investment Plan 2020-2024 Irish Water Investment Plan (Revenue Control Period 3) 2020 to 2024 Irish Water is required, under the Water Services (No.2) Act 2013, to prepare a Water Services Strategic Plan (WSSP) and Investment Plan. These plans provide a key link between water services planning and investment and the spatial planning system. The WSSP sets out overarching objectives in relation to the provision of services for a 25 year period. The WSSP must as far as is practicable, be consistent with, the National Planning Framework and Regional Spatial and Economic Strategies. The Investment Plan must be submitted to the CRU (economic regulator) as part of the price control process for approval. The Draft Investment Plan is subject to the final determination by the Commission of the Regulation of Utilities (CRU)1. 10.1.3 National Water Resource Plan Irish Water is preparing for the future by developing the National Water Resources Plan (NWRP). This strategic plan for water services will outline how Irish Water will move towards a sustainable, secure and reliable public drinking water supply over the next 25 years, whilst safeguarding our environment. The NWRP will outline how Irish Water intends to maintain the balance between the supply from water sources around the country and demand for drinking water over the short, medium and longterm. A statutory public consultation will be launched in 2021 seeking feedback on the draft NWRP and associated draft SEA Environmental Report and draft Natura Impact Statement. 10.1.4 Water Supply and Treatment The sustainable growth of the County is dependent on the provision of an adequate water supply. A plan led approach, in accordance with the County’s Core Strategy and Settlement Strategy is required for the delivery of infrastructural services in order to ensure there is adequate capacity to support the future development of the County. The Council will work closely with Irish Water to ensure the timely provision of infrastructure within the County in line with the Core Strategy. The Council will continue to engage with Irish Water to ensure that the future demands of the County are provided for and will continue to promote water conservation in conjunction with Irish Water. 1 Further information on the current plan submitted for approval can be found on the CRU Website at the following link: https://www.cru.ie/document_group/irish-water-revenue-control-2020-2024/. Objectives 10A To facilitate Irish Water and to assist, subject to service level agreements, with the provision of water and wastewater infrastructure provision in accordance with the water services strategic plan, made in accordance with the Water Services Act 2007.

4. Page 234

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   Chapter 10 Infrastructure & Environment Kilkenny City and County Development Plan Volume 1 175 There are deficiencies at present in water supply schemes serving Castlecomer and Graiguenamanagh and in the Paulstown/Bennettsbridge water supply scheme within the county. Of the four settlements mentioned Irish Water will consider, on a case by case basis, solutions from developers who wish to provide wells as a temporary solution for their proposed development. The Council will consider the provision of wells on a temporary basis to service developments in the short-term where there is a deficiency in the public water supply and where that deficiency is identified to be addressed as part of the Irish Water Investment programme. The provision of such temporary facilities shall only be considered where the solution is environmentally sustainable and would not affect the quality status of water sources. Proposals for such facilities must clearly demonstrate they would not singularly or cumulatively adversely affect the ecological integrity of any European Site. Adequate provision shall be made by the developer for the operation and maintenance of the proposed temporary facility for the duration of its required existence and thereafter for its decommissioning and removal from site. The Council will work with Irish Water to protect existing water and wastewater infrastructure in the City and County and facilitate the development of new infrastructure aligned with the Core strategies. Where public watermains are available or likely to be available and have sufficient capacity, the Council will require that new development proposals connect into the existing public water mains. 10.1.5 Water Conservation Irish Water has instigated a major leakage reduction programme with the objective of reducing leakage in key areas of demand, thus mitigating as far as possible existing stresses on supply systems and facilitating new development in these areas. The leakage reduction programme is active nationwide. Irish Water and the Council will continue to monitor the performance of the networks to ensure that the most urgent works are prioritised as required. Irish Water and Kilkenny County Council are continually progressing leakage reduction activities, mains rehabilitation activities and capital maintenance activities. There have been find and fix and Demand Management Area (DMA) establishment and rationalisation programmes progressed on the Kilkenny City water networks over the past number of years to improve the reliability of the network and reduce leakage. Kilkenny County Council has significantly reduced water distribution input from 33,000m3 /day in 2010 to the current figure of 27,166m3 /day which is a reduction of 18%. 10.1.6 Waste water networks and treatment There are currently 34 public wastewater treatment plants (WWTPs) in Kilkenny county. Irish Water and Kilkenny County Council are continually progressing sewer rehabilitation activities, capital maintenance activities, etc, and the Council will continue to work with Irish Water to monitor the performance of the networks and to advance and realise capital expansions and upgrades of wastewater infrastructure for the continued sustainable growth of the County.

5. Page 235

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   Chapter 10 Infrastructure & Environment Kilkenny City and County Development Plan Volume 1 176 A Drainage Area Plan is being progressed for the wastewater network in Kilkenny City. The Drainage Area Plan (DAPs) will assess in detail the performance of the wastewater networks in the City which will inform future investment requirements for the City network. 10.1.7 Small Towns and Village Investment programme Irish Water, in conjunction with Kilkenny County Council, has identified smaller settlements within the County which may be eligible for some of the investment fund of €5 million over the period of this Plan to address waste water deficiencies. These are: • Bennettsbridge • Paulstown • Piltown • Fiddown • Glenmore • Windgap • Dungarvan • Inistioge It is the Council’s policy to liaise with and work in conjunction with Irish Water for the provision, extension and upgrading of waste water collection and treatment systems in accordance with the requirements of the Core Strategy and further investment may take place under Irish Water’s Investment program for the period 2024-2029. Kilkenny County Council will require that development in all main settlements connect to public waste water treatment facilities, subject to sufficient capacity being available which does not interfere with the Council’s ability to meet the requirements of the Water Framework Directive and the Habitats Directive. The Council will support the servicing of rural villages (to include for serviced sites) to provide an alternative to one off housing in the open countryside. The Council will require that septic tanks, proprietary effluent treatment systems and percolation areas are located and constructed in accordance with the recommendations and guidelines of the EPA and the Council in order to minimise the impact on surface water of discharges. 10.1.8 Water Quality 10.1.8.1 Water Framework Directive In response to the increasing threat of pollution, physically damaging activities and the increasing demand from the public for cleaner rivers, lakes and beaches, the EU developed the Water Framework Directive (WFD). This Directive establishes a framework for the protection of all waterbodies for the benefit of everyone, in terms of water quality and quantity. The protection of water for wildlife and their habitats is also included under the Directive.

6. Page 236

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   Chapter 10 Infrastructure & Environment Kilkenny City and County Development Plan Volume 1 177 Management of water resources must be planned and implemented, through national River Basin Management Plans which set standards on what each EU member state must achieve. These water quality road maps aim to achieve the best possible balance between the protection and improvement of the water environment and the interests of those who depend on it for their livelihood and quality of life. The WFD sets out the strategic response to the threat of pollution and its four objectives are:  Prevent further deterioration of water quality;  Restore ‘good’ status of water quality and quantity for ground waters and ‘good’ or ‘high’ status for surface waters;  Reduce chemical pollution of water sources;  Achieve protected area objectives2. For the purposes of implementing the WFD, Kilkenny County Council is implementing the programme of measures to address significant pressures on water outlined in the National River Basin Management Plan 2018-2021 (RBMP) and will for the subsequent RBMP plan 2022-2027. These include working with all relevant stakeholders to ensure appropriate measures are taken to provide adequate protection of both water quality and quality. This work includes working with the Local Authority Waters Programme (LAWPRO), the Agricultural Sustainability Support and Advisory Programme and other agencies, stakeholders and the public to restore water quality status in Areas for Action identified in the RBMP and protect water quality in areas outside of this network. Specific care is required for the protection for the High-Status objective waterbodies (near pristine waterbodies) in Kilkenny which may require additional measures to meet their specific requirements3. The Council has responsibilities in the areas of maintaining, improving, enhancing and protecting the ecological quality of all waters in the County. The work includes implementation of pollution control measures, licensing of effluent discharges, implementing and monitoring compliance with environmental legislation, and drawing up pollution contingency measures, development control and forward planning. The Council will continue to take appropriate measures in relation to all development in order to prevent ground and surface water pollution and will implement the River Basin Management Plan for Ireland 2018 – 2021 and its successors. 2 Protected areas are those requiring special protection under existing national or European legislation, either to protect their surface waters or groundwater, or to conserve habitats or species that directly depend on these sites. 3 To protect and restore our high-status waters, a “Blue Dot Catchments Programme” will be established …. This will ensure that high-status waters are prioritised for the implementation of supporting measures…(RBMP 2018-2021) Objective 10B To implement the measures of the River Basin Management Plan, including continuing to work with communities through the Local Authority Waters Programme to restore and improve water quality in the identified areas of action.

7. Page 237

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   Chapter 10 Infrastructure & Environment Kilkenny City and County Development Plan Volume 1 178 10.1.8.2 Blue Dot Designations The objective of the Blue Dot Catchment programme is to protect and restore the high-water status waterbodies by protecting their catchment. Kilkenny has one blue dot designation, the catchment area of which is located at Muckalee. Figure 10.1 Kilkenny’s High-Water Quality (Blue Dot) Catchment area (Muckalee) The Council will support and protect the high-water quality status of the Kilkenny Blue Dot designated catchment area by restricting high intensity agriculture and other developments that may impact the quality of the water in the catchment. 10.1.8.3 Groundwater Groundwater is used to supply some water supply schemes, and is also used by a significant number of households in the county who are dependent on private wells. A number of group schemes are also dependant on groundwater (aquifers). Underground aquifers are exploited commercially for bottled water, which can be a significant economic resource. Groundwater also contributes to the river system. The Geological Survey of Ireland has completed a Groundwater Protection Scheme for County Kilkenny4. The overall aim of a Groundwater Protection Scheme is to preserve the quality of groundwater, for drinking water, surface water ecosystems and terrestrial ecosystems, for the benefit of present and future generations. The groundwater protection schemes are based on information provided by a suite of maps, including: • Groundwater protection zones, hydrogeological data • Aquifers • Vulnerability 4 GSI, Kilkenny County Council, County Kilkenny Groundwater Protection Scheme Volume I: Main Report, 2002

8. Page 238

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   Chapter 10 Infrastructure & Environment Kilkenny City and County Development Plan Volume 1 179 • Outcrop and depth to bedrock • Subsoils geology • Bedrock geology The Groundwater Protection Scheme provides guidance for Kilkenny County Council in decisionmaking on the location, nature and control of developments and activities in order to protect groundwater. 10.1.8.3.1 Source Protection Areas Groundwater sources, particularly for public, group scheme and industrial supplies, are of critical importance. Consequently, Source Protection Areas are delineated around groundwater sources to provide protection by placing tighter controls on activities within those areas. Source Protection Areas are divided into Inner Protection Areas and Outer Protection Areas5. Irish Water has adopted the World Health Organisation (WHO) Water Safety Plan approach. Drinking Water Safety Plans (DWSPs) seek to protect human health by identifying, scoring and managing risks to water quality and quantity; taking a holistic approach from source to tap. The ‘source’ component of DWSPs is a key component and a priority within Irish Water, as protecting and restoring the quality of raw water is an effective and sustainable means of reducing the cost of water treatment in line with Article 7(3) of the WFD. Development within Source Protection Areas shall be subject to stringent requirements in accordance with the Groundwater Protection Scheme and the Water Services Acts 2007 & 2012. Developments which include on-site wastewater treatment in Inner Source Protection Areas of Extreme Vulnerability shall be subject to strict Development Management Requirements. In practical terms, protection of groundwater can be achieved through the encouragement of best practice in agricultural and industrial activities and through best practice in the installation and use of wastewater treatment systems. 10.1.8.4 Water Quality The Council will promote compliance with environmental standards and objectives established— • for bodies of surface water, by the European Communities (Surface Waters) Regulations 2009; • for groundwater, and groundwater by European Union Environmental Objectives (Groundwater) (Amendment) Regulations 2016; 5 Maps and data are available from the Geological Survey of Ireland, see https://www.gsi.ie/en-ie/data-andmaps/Pages/Groundwater.aspx

9. Page 239

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   Chapter 10 Infrastructure & Environment Kilkenny City and County Development Plan Volume 1 180 10.1.8.5 Water Quality Development Management Requirements: • To assess all new applications for single houses in accordance with the EPA manual entitled Code of Practice: Domestic Waste Water Treatment Systems (Population Equivalent ≤ 10)6 or any subsequent revisions or replacement. The person carrying out the assessment will be suitably qualified and in the local authority’s opinion, be competent to do so. • To ensure that all industrial development is appropriately located, and to seek effluent reduction and 'clean production' where feasible, and require that waste water treatment facilities are adequate, and that effluents are treated and discharged in a satisfactory manner. • To have regard to the Groundwater Protection Scheme and to comply with the Water Services Acts 2007 as amended in decision-making on the location, nature and control of developments and activities in order to protect groundwater. 10.2 Environment 10.2.1 Pollution Control The importance of a clean environment for the economic and social life of the county is recognised. In this regard, continuous effective monitoring and enforcement in relation to pollution control measures is imperative and will continue over the period of this Plan. 10.2.1.1 Air Quality The Council’s role in relation to air quality is mainly is to promote a reduction in air pollution, through the implementation of relevant legislation and through the provision of advice and guidance on best practice. The Council also implements the provisions of the Air Pollution Act 1987 and Air Pollution (Licensing of Industrial Plant) Regulations 1988. The Council will promote the best ambient air quality compatible achievable with sustainable development. 10.2.2 Noise Mapping In 2006, the European Environmental Noise Directive (2002/49/EC) was adopted by the Minister for the Environment, Heritage and Local Government under Statutory Instrument No. 140/2006. This is also known as the Environmental Noise Regulations 2006. 6 EPA, Code of Practice: Domestic Waste Water Treatment Systems (Population Equivalent ≤ 10), 2021 Objectives 10C To complete the mapping of source protection areas and to map Source Protection Areas for any new public water supply schemes as appropriate. 10D To ensure that Source Protection Areas are identified for any multiple unit housing developments with private water supplies.

10. Page 240

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    Chapter 10 Infrastructure & Environment Kilkenny City and County Development Plan Volume 1 181 The regulations set out to “provide for an implementation in Ireland of a common approach within the European Community intended to avoid, prevent or reduce on a prioritised basis the harmful effects, including annoyance, due to exposure to environmental noise” (Article 4(1) S.I No. 140/2006). As part of the regulations, a Noise Action Plan is required to be created and adopted. The latest Noise Action for County Kilkenny was finalised and published early 2019. The Noise Action Plan is designed with the twin aims of: • Avoiding significant adverse health impacts from noise, and • Preserving environmental noise quality where it is good Under the Regulations, Kilkenny County Council is the action planning authority responsible for the creation and implementation of the Noise Action Plan for County Kilkenny. The regulations require that a Noise Mapping Action Plan must refer to places near major roads, major railways and major airports, and within any relevant agglomeration. A Noise Action Plan7 was finalised for the period 2019 -2023, and was published in January 2020 as an implementation plan. The current plan is in force until 2023 and is the third round of Noise Action Plans. In County Kilkenny, based on the thresholds stated in the Regulations, the main source of Environmental Noise is from major roads. The thresholds defining major roads under the Regulations is any major road with more than 3 million vehicles passages per year. The Noise Action Plan for County Kilkenny is based on strategic noise mapping carried out for County Kilkenny and is based solely on road traffic noise. Based on the noise mapping for the county, the following areas are within the subject criteria of the Regulations: Kilkenny County: • The M8 and M9 Motorways within County Kilkenny. • The N10, N24 and N25 National Primary Routes within County Kilkenny. • The Section of the N76 National Secondary Route from the Waterford Road Roundabout on the Kilkenny Ring Road to its junction with the R692 Kilbride Junction south of Callan. • The Section of the N77 National Secondary Route from its junction with the N78 at Hennebry’s Cross to the Hebron Road Roundabout on the N77 Kilkenny Ring Road. • The R448 Regional Route from the County Boundary near Newrath to its junction with the R861 at the Newrath Roundabout; • The R711 Regional Route from the County Boundary at Ferrybank to its roundabout junction with the N29 National Route; • The R861 Regional Route from the N25 Grannagh Junction Roundabout to its junction with the R448 at the Newrath Roundabout. 7 Kilkenny County Council, Noise Action Plan 2019

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