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 10 Infrastructure & Environment Kilkenny City and County Development Plan Volume 1 182 Kilkenny City: The following Sections of Regional Roads located within and in the vicinity of Kilkenny City: • The R693 Regional Route (Freshford Road to Vicar St to Parliament St) from its junction with the L6600 local road at Thornback to its junction with St. Kieran’s Street; • The R695 Regional Route (Dean St to Kennyswell Road) from its junction with the R693 at Irishtown to its junction with the Kennyswell Road; • The R712 Regional Route (Castlecomer Road to Old Dublin (Carlow) Road) from its junction with the N77 Castlecomer Road Roundabout on the N77 Kilkenny Ring Road to it junction with the R702 Regional Road (Gowran); • The R886 Regional Route from its junction with the R693 at Green Street to its junction with the R712 Castlecomer Road (Green Street and New Road); • The R887 Regional Route (John St and Rose Inn Street) from its junction with the R712 at the old Dublin Road to its junction with the R693 at The Parade; • The R909 Regional Route from its junction with the N76 Callan Road Roundabout on the N76 Kilkenny Ring Road to its junction with the R950 at the Old Callan Road (Callan Road); • The R910 Regional Route (Patrick Street to Waterford Road) from its junction with the R693 at The Parade to its junction with the Bohernatounish Road (L2610); • The R950 Regional Route (Old Callan Road) from its junction with the R909 at College Road to its junction with Walkin Street Figure 10.2 Lden(dB) of County Kilkenny
- Chapter 10 Infrastructure & Environment Kilkenny City and County Development Plan Volume 1 183 It is proposed to develop a process within the Noise Action Plan to effectively manage environmental noise throughout the County. The programme is scheduled to be phased over 5 years culminating in the preparation of the 4th phase noise action plan to be completed in 2023. The programme for evaluation over this 5-year second phase of development of the Noise Action Plan proposes to review the Action Plan on an annualised basis or as the need arises. Any works to be carried out, subject to funding, will be monitored and appraised, a report for round 3 will detail progress against the planned timetable, any actions commenced or undertaken and any costs and outcomes or benefits achieved. Quiet Areas: Several quiet areas were considered for Kilkenny. Under Article 3 (1) of the Regulations (S.I. No. 140 of 2006), a distinction is made between quiet areas in agglomerations and quiet areas in open country. With regards to the Regulations, County Kilkenny is not in an agglomeration. Therefore, quiet areas to be established in County Kilkenny will be quiet areas in open country. The Regulations define the requirements of quiet areas in open country as an area that is “undisturbed by noise from traffic, industry or recreational activities”. From a usability aspect, the preferred location of quiet areas in open country would be in public areas and parks which are under the ownership of Kilkenny County Council. This removes any restrictions on designating the area as a quiet area. The quiet areas are in the Bishops Meadow Walk, Kilkenny City and in Woodstock Estate, near Inistioge. 10.2.2.1 Noise control Excessive noise and dust levels can have an adverse impact on the county’s environment. The Council will seek to minimise noise through the planning process by ensuring that the design of future developments incorporate measures to prevent or mitigate the transmission of noise and vibration, where appropriate. 10.2.3 Pollution Control Objectives 10.2.4 Light Pollution While adequate lighting is essential to a safe and secure environment, light spillage from excessive or poorly designed lighting is increasingly recognised as a potential nuisance to surrounding properties and a threat to wildlife, may pose a traffic hazard and can reduce the visibility of the night sky. Urban and rural locations can suffer equally from this problem. Lighting columns and other fixtures can have a significant effect on the appearance of buildings and the environment. Objectives 10E To continue to update noise mapping in accordance with revised or updated thresholds for noise mapping. 10F Develop priority list of actionable works to mitigate against excessive noise and implement subject to cost benefit analysis.
- Chapter 10 Infrastructure & Environment Kilkenny City and County Development Plan Volume 1 184 10.2.5 Pollution Control Development Management Requirements: • To ensure that developments which are subject to the requirements of the Air Pollution Act 1987 and Air Pollution (Licensing of Industrial Plant) Regulations 1988 or any subsequent regulations meet appropriate emission standards and other relevant national and international standards. • To seek to minimise noise and dust through the planning process by ensuring that the design of developments incorporate measures to prevent or mitigate the transmission of dust, noise and vibration, where appropriate. • To ensure that that appropriate mitigation measures to counter noise impact are implemented at all new developments to limit exposure to high noise areas. • Ensure that traffic noise levels are considered as part of all new developments along National routes, major roads (as identified in the Noise Action Plan) and rail lines. This includes, but is not limited to, consulting with the current Noise Action Plan and strategic noise maps as identification of areas that are within the subject criteria of the Regulations for noise exposure. Future developments are required to take account of designated quiet areas as in accordance with the Noise Action Plan 2019-2023. Any development near a designated quiet area will be subject to additional scrutiny so as to ensure that the quiet area is not impacted, and may be prohibited in certain cases. • To ensure that lighting is carefully and sensitively designed • To require that the design of external lighting minimises the incidence of light spillage or pollution into the surrounding environment. 10.2.6 Flooding Flooding is a natural phenomenon of the hydrological cycle. There are many factors that influence flood behaviour and the degrees of risk that it possesses. Like other natural processes, flooding cannot be completely eliminated, but its impacts can be minimised with proactive and environmentally sustainable management. The accepted national policy response to flood protection is now to manage the risk to life and property as sustainably as possible and to consider flood risk and its related impacts on development on a catchment basis, rather than on an individual location basis. This will facilitate sustainable development through the reduction of future flood damage, and hence reduce the associated potential economic and social costs. The Office of Public Works (OPW) is the lead agency for flood risk management in Ireland. The Planning System and Flood Risk Management – Guidelines for Planning Authorities were published in 2009 and these are incorporated here. The Guidelines outline three key principles that should be adopted by regional authorities, local authorities, developers and their agents when considering flood risk. These are: • Avoid the risk, where possible, • Substitute less vulnerable uses, where avoidance is not possible, and • Mitigate and manage the risk, where avoidance and substitution are not possible
- Chapter 10 Infrastructure & Environment Kilkenny City and County Development Plan Volume 1 185 Avoidance of development in flood risk areas Flood zones are geographical areas within which the likelihood of flooding is in a particular range and they are a key tool in flood risk management within the planning process as well as in flood warning and emergency planning. There are three types or levels of flood zones defined for the purposes of the guidelines: • Flood zone A – where the probability of flooding is highest (greater than 1% or 1 in 100 for river flooding or 0.5% or 1 in 200 for coastal flooding) and where a wide range of receptors would be vulnerable; • Flood zone B – where the probability of flooding is moderate (between 0.1% or 1 in 1000 and 1% or 1 in 100 for river flooding and between 0.1% or 1 in 1000 year and 0.5% or 1 in 200 for coastal flooding); and • Flood zone C – where the probability of flooding is low (less than 0.1% or 1 in 1000 for both river and coastal flooding). A Strategic Flood Risk Assessment has been carried out for the County as part of the Strategic Environmental Assessment. This sets out the requirements for a Flood Risk Assessment, see Section 6.1.1 of the SFRA. 10.2.6.1 Flood Management: It is Council policy to adopt a comprehensive risk-based planning approach to flood management to prevent or minimise future flood risk. In accordance with the Planning System and Flood Risk Management – Guidelines for Planning Authorities, the avoidance of development in areas where flood risk has been identified shall be the primary response. The Council will ensure that new developments do not reduce the effectiveness or integrity of any existing or new flood defence infrastructure, and will facilitate the provision of new, or the reinforcement of existing, flood defences and protection measures where necessary. 10.2.6.2 Development Management Requirements • Where flood risk may be an issue for any proposed development, a detailed flood risk assessment should be carried out appropriate to the scale and nature of the development and the risks arising. In particular, any area within or adjoining flood zone A or B, or flood risk area, shall be the subject of a site-specific Flood Risk Assessment appropriate to the type and scale of the development being proposed. This shall be undertaken in accordance with the Planning System and Flood Risk Management – Guidelines and the Strategic Flood Risk Assessment accompanying this Plan. • If a Site Specific FRA demonstrates an unmanageable level of flood risk and/or impacts to 3rd party lands, development cannot proceed. • Proposals for mitigation and management of flood risk will only be considered where avoidance is not possible and where development can be clearly justified with the Guidelines’ Justification Test.
- Chapter 10 Infrastructure & Environment Kilkenny City and County Development Plan Volume 1 186 10.2.7 Surface Water Drainage Surface water drainage systems are designed to channel stormwater (rainwater) to the nearest suitable river. Rain falling on impervious surfaces is usually directed into surface water drainage systems. Best practice is to separate the surface water drainage system from the foul drainage system to maximise the efficiency of our waste water treatment plants. Surface water drainage systems are effective at transferring surface water quickly, but they can cause the volume of water in the receiving watercourse to increase more rapidly thereby increasing flood risk. Sustainable Drainage Systems (SuDS) can play a role in reducing and managing run-off to surface water drainage systems as well as improving water quality. The Planning Authority shall have regard to any catchment-based surface water management plan in accordance with the Flood Risk Guidelines 2009, to facilitate the management of nature-based surface water management in a holistic manner. In all instances where development is proposed, non - nature based solutions to surface water management will only be considered where nature-based solutions cannot be incorporated or will not provide an adequate solution to the surface water management. 10.2.8 Development Management Requirements The Planning Authority will have regard to the Inland Fisheries Ireland guidance on ‘Planning for Watercourses in the Urban Environment’ in assessing applications. • Development must, so far as is reasonably practicable, incorporate the maximum provision to reduce the rate and quantity of runoff e.g.: - o Hard surface areas (car parks, etc.), should be constructed in permeable or semipermeable materials, o On site storm water ponds to store and/or attenuate additional runoff from the development should be provided, o Soak-aways or french drains should be provided to increase infiltration and minimise additional runoff. o The Planning Authority will normally require that all new developments, include rainwater harvesting and/or grey water recycling in their design. except where not practical or feasible • Individual developments shall be obliged, in all cases where surface water drainage measures are required, to provide a surface water drainage system separated from the foul drainage system. • In the case of one-off rural dwellings or extensions, except in circumstances where an existing surface water drainage system is available to the proposed site for development and which, in the opinion of the planning authority has adequate capacity to accommodate the identified surface water loading, surface water shall be disposed of, in its entirety within the curtilage of the development site by way of suitably sized soak holes. • In the case of driveways, drainage measures shall be provided to a detail acceptable to the planning authority so as to avoid run-off from the site to the adjoining public road. • For all other green-field developments in general the limitation of surface water run-off to pre-development levels will be required. Where a developer can clearly demonstrate that capacity exists to accommodate run-off levels in excess of green-field levels then the planning authority shall consider such proposals on a case by case basis.
- Chapter 10 Infrastructure & Environment Kilkenny City and County Development Plan Volume 1 187 • In the case of brown-field development, while existing surface water drainage measures will be taken into account, some attenuation measures for surface water may be required at the discretion of the planning authority in the interests of balanced and sustainable development. • In line with the above Kilkenny County Council will consider all drainage proposals consistent with SuDS (Sustainable Drainage Systems). • For developments adjacent to watercourses of a significant conveyance capacity any structures (including hard landscaping) must be set back a minimum of 5-10m from the edge of the watercourse to allow access for channel clearing/maintenance. Any required setback may be increased to provide for habitat protection. Development consisting of construction of embankments, wide bridge piers, or similar structures will not normally be permitted in or across flood plains or river channels. • The culverting of water courses is discouraged. Where culverting is unavoidable, the use of ecologically friendly box culverts is required. A development proposal requiring culverting should document open watercourse habitat lost and provide compensatory habitat. • Adequate allowance be made for climate change in designing surface water proposals a multiplication factor of 1.2 shall be applied to all river return periods up to 100 years except in circumstances where the OPW have provided advice specifying the particular multiplication factor for return periods up to 100 years. In the case of rainfall a multiplication factor of 1.1 shall be applied to rainfall intensities to make allowance for climate change requirements. • In the design of surface water systems, regard shall be had to the Greater Dublin Regional Code of Practice for Drainage Works8 and associated GDSDS technical documents. • For larger scale developments a report will be required specifying the SUDS measures considered in principle. If natural measures are not included, the reasons why not should be outlined. 10.2.9 Waste Management Waste management in Ireland is regulated by the Waste Management Act, 1996 as amended. Having given due regard to the national waste management policy as outlined in A Resource Opportunity, Waste Management Policy in Ireland, the Southern Region Waste Management Plan 2015-2021 was made. The local authorities in the Southern Region comprise Carlow County Council, Clare County Council, Cork City Council, Cork County Council, Kerry County Council, Kilkenny County Council, Limerick City and County Council, Tipperary County Council, Waterford City and County Council and Wexford County Council. The joint lead authorities for waste management planning in the Southern Region are Limerick City and County Council and Tipperary County Council. The strategic vision of the Southern Region Waste Management Plan 2015-2021, a statutory document, is to rethink our approach to managing waste, by viewing our waste streams as valuable material resources, leading to a healthier environment and sustainable commercial opportunities for our economy. The Plan is the framework for the prevention and management of wastes in a safe and sustainable manner, and includes the promotion of resource efficiency and the circular economy as one of its strategic objectives. Section 4 of the Waste Management Amendment Act 1996, as amended, provides that the Development Plan in force in an area shall be deemed to include the objectives contained in the 88 Greater Dublin Local Authorities, Greater Dublin Regional Code of Practice for Drainage Works, 2006
- Chapter 10 Infrastructure & Environment Kilkenny City and County Development Plan Volume 1 188 relevant waste management plan. Therefore, this plan is deemed to contain the policies and objectives of the Southern Region Waste Management Plan 2015-2021 and its successor. 10.2.9.1 Waste Management Development Management Requirements It is the Council’s policy to have regard to the waste produced by proposed developments including the nature and amount of waste produced and proposed method of disposal. • Proposed apartment and housing developments in urban areas must be appropriately laid out to enable the implementation of three bin collection systems, see Chapter 13. • Proposed apartment, housing and commercial developments must be either serviced by existing infrastructure or make appropriate provision for bring sites in their layout. The sites shall be made available to the Council at the developer’s own expense and will be maintained by the Council or its agents. Adequate access must be provided in developments to service proposed bring sites. • To have regard to the waste produced by proposed developments including the nature and amount of waste produced and proposed method of disposal. • For all significant construction/demolition projects, the developer shall include an Environmental Management Plan. These plans should seek to focus on waste minimisation in general and optimise waste prevention, re-use and recycling opportunities, and shall provide for the segregation of all construction wastes into recyclable, biodegradable and residual wastes. • Construction and demolition waste management plans, to be prepared in accordance with the Best Practice Guidelines on the Preparation of Waste Management Plans for Construction and Demolition Projects. These plans should seek to focus on waste minimisation in general and optimise waste prevention, re-use and recycling opportunities, and shall provide for the segregation of all construction wastes into recyclable, biodegradable and residual wastes. 10.2.10 Control of Major Accident Hazards Directive (Seveso II Directive) The Major Accidents Directive9 (known as the Seveso II Directive), seeks to reduce the risk and to limit the consequences to both man and the environment, of accidents at manufacturing and storage facilities involving dangerous substances. There are a total of three Upper Tier Seveso (Control of Major Accident Hazards Involving Dangerous Substances) (Revocation) Regulations 2015 (S.I. No. 208 of 2015) sites in the county; Grassland Fertilisers (Kilkenny) Ltd. Palmerstown, Tullaroan Road, Kilkenny; Nitrofert Ltd., Raheen, New Ross and Trans-Stock Warehousing and Cold Storage Ltd., Christendom, Ferrybank. There are two Lower Tier Seveso Sites in close proximity to Co. Kilkenny. See list below. It should be noted that these are the only sites currently identified and that there may be additional sites designated in the future. 9 EU, Major Accidents Directive (96/82/EC), 1996 Objective 10G To implement the Southern Region Waste Management Plan.
- Chapter 10 Infrastructure & Environment Kilkenny City and County Development Plan Volume 1 189 Establishment Name Establishment Address Within County Kilkenny: Grassland Fertilisers (Kilkenny) Ltd. Palmerstown, Kilkenny City Nitrofert Ltd. Raheen, New Ross, Co. Kilkenny Trans-Stock Warehousing and Cold Storage Ltd Christendom, Ferrybank, Co. Kilkenny Nearby sites: Goulding Chemicals Ltd Stokestown, New Ross, Co. Wexford SSE Generation Ireland Ltd (Formerly Endesa Ireland Ltd) Great Island Generating Station Campile, New Ross, Co. Wexford Article 12 of the Directive provides that appropriate consultation procedures must be put in place so as to ensure that, before decisions are taken, technical advice is available to Planning Authorities in respect of relevant establishments. The Health and Safety Authority (or the National Authority for Occupational Health and Safety NAOSH) provides such advice where appropriate in respect of planning applications within a certain distance of the perimeter of these sites. 10.2.10.1 Seveso Sites The Council will, in consultation with the Health and Safety Authority, control development with regards to SEVESO designated sites for the purposes of reducing the risk or limiting the consequences of a major accident. 10.2.10.2 Seveso Development Management Requirement The Councils will consult with the Health & Safety Authority when assessing proposals for development of, in or near sites which are identified under the COMAH (Seveso II) Directive. 10.2.11 Fire Service The County Council is the Fire Authority for Kilkenny City and County. There are stations located in Kilkenny City, Freshford, Castlecomer, Urlingford, Graiguenamanagh, Thomastown and Callan. The Council will upgrade and replace fire stations and replace and provide new equipment and vehicles as the need arises. Objective 10H It is an objective of the Council to, with due regard to the provisions of the Major Accidents Directive and Regulations, give effect to the Directive by controlling development with respect to— • The siting of Major Accident Hazard sites • The modification of an existing Major Accident Hazard site • Development in the vicinity of a Major Accident Hazard site
- Chapter 10 Infrastructure & Environment Kilkenny City and County Development Plan Volume 1 190 10.3 Energy The availability of energy is of critical importance to facilitate new development. 10.3.1 The National Transmission/Distribution network The existing transmission network in County Kilkenny comprises mostly 110 kilovolt (kV) circuits and one 220 kV circuit in the south of the county. There is one transmission substation within the County at Clara near Kilkenny City, which is served by two 110 kV overhead lines. The Council recognises the need to increase electrical infrastructure capacity and security. Strategy 2020-202510 is the national programme being rolled out by Eirgrid, the state-owned independent transmission operator. Two projects are being developed by Eirgrid, in or affecting Kilkenny as follows; • the Laois–Kilkenny Reinforcement Project to increase the quality and security of supply to an area which includes Counties Carlow, Kildare, Kilkenny, Wicklow and Laois, including; o A new 400/110 kV substation situated to the south east of Portlaoise, at Coolnabacky. Two existing overhead lines will connect to this new substation. These are the 400 kV Moneypoint-Dunstown line and the 110 kV Athy-Portlaoise line. o A new substation to be located next to the existing 38 kV electricity substation at Ballyragget, County Kilkenny. o A new 110 kV line between these two new stations. o An upgrade to the existing Ballyragget - Kilkenny overhead line to a 110-kV standard. Other new projects may arise also to facilitate electricity demand growth and the connection of new electricity generation projects. The Council will support the development of a safe, secure and reliable supply of electricity and to support and facilitate the development of enhanced electricity networks and facilitate new transmission infrastructure projects that might be brought forward in the lifetime of this plan 10.3.2 Grid Development Management Requirements: Kilkenny County Council will facilitate the provision of energy networks in principle, provided that it can be demonstrated that – • the development is required in order to facilitate the provision or retention of significant economic or social infrastructure; • the route proposed has been identified with due consideration for social, environmental and cultural impacts; • the design is such that will achieve least environmental impact; • the lines should be planned to avoid areas of high landscape sensitivity; • preference should be given to undergrounding services where appropriate; 10 EirGrid, Strategy 2020-2025
- Chapter 10 Infrastructure & Environment Kilkenny City and County Development Plan Volume 1 191 • the proposed infrastructure complies with all internationally recognised standards with regard to proximity to dwellings and other inhabited structures including best practice and new accepted research on the impacts on health; • new power lines and power installations should be sited in accordance with the requirements of the “Health Effects of Electromagnetic Fields” Report issued by the Department of Communications, Marine and Natural Resources in 2007, and • where impacts are inevitable, mitigation features have been included. • where considered necessary by the Council, a Visual Impact Assessment and a Landscape Impact Assessment will be required for significant Grid Infrastructural projects. • That existing grid infrastructure should be used where possible in preference to erecting new grid infrastructure. • Any proposed development must avoid impact on any Special Area of Conservation. In considering facilities of this nature that traverse a number of counties or that traverse one county in order to serve another, the Council will consider the proposal in light of the criteria outlined above. The Council will also treat the proposal as if it were required to service a development within Kilkenny County Council. 10.3.3 Gas The national gas mains network traverses County Kilkenny from the north west to south east, serving Kilkenny City and Ballyragget in the north of the county before continuing to Tipperary from where it serves Waterford via Carrick-on-Suir. A spur from this line starts south of Kilkenny City, from where it runs in a south eastern direction, serving both Great Island and Wexford Town. A spur from the Waterford pipeline in turn serves Ferrybank and Belview Port in the south of the County. Subject to appropriate commercial and technical evaluation, the Council will support an extension of the gas network to other significant population centres in the county. 10.4 Telecommunications The Council recognises the importance of advanced communications infrastructure for an information-based society, and as a key support for business, education and research. The Council will support and facilitate the provision of advanced communication networks and services to the extent required to contribute to national, regional and local competitiveness and attract inward investment. The Council will also encourage the further co-ordinated and focused development and extension of telecommunications infrastructure including broadband connectivity in the county, as a means of improving economic competitiveness. 10.4.1 Digital Connectivity 10.4.1.1 Smart City/Region The smart city/smart region concept aims to make our cities and their hinterlands more efficient and liveable by embedding smart technology across all functions. These smart concepts include smarter transport networks, upgraded water supply and waste disposal and more efficient ways to light up
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