Laois County Development Plan 2021–2027

1. Page 211

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   Chapter 10 Infrastructure 209 | P a g e 1) Store rainwater for later use (rainwater harvesting); 2) Use infiltration techniques such as porous hard surfaces, softlandscaping and green roofs; 3) Attenuate rainwater in ponds, swales or open water features forgradual release; 4) Attenuate rainwater by storing in tanks or sealed water features forgradual release; 5) Discharge into storm water collection system or watercourse (subject to license) having regard to capacity and quality of discharge; Soakaways are suitable for single family dwelling houses but are not suitable for urban areas. 10.2.2 FLOODING RISK MANAGEMENT The Office of Public Works (OPW) is the lead State body responsible for the coordination and implementation of Government policy on the management of flood risk in Ireland. The EU Floods Directive and the National Flood Policy Review Report (2004) set the parameters for flood management in Ireland. The National Catchment Flood Risk Management Programme (CFRAM) commenced in 2011 and is the principal response to EU Flood Directive on the assessment and management of flood risk. The Planning System and Flood Risk Management Guidelines for Planning Authorities, DECLG and OPW (2009) addresses flood risk management within the planning system and requires all County Development Plans and Local Area Plans to be in accordance with these guidelines. Over the past number of years there have been significant instances where flooding has occurred in areas of the County causing damage to homes and businesses. As a result of climate change, there is a likelihood of increased rainfall and rising sea levels. This in combination with the urbanisation of our settlements results in a greater flood risk to property. It is therefore important to protect and preserve our floodplains and wetlands from development to ensure that when a flooding event occurs, excess water can be slowly released back into the river system. Key sources of flooding are identified as follows: • Fluvial flooding arising from rivers and streams • Pluvial flooding in low spots following heavy rainfall • Drainage flooding due to inadequate drainage infrastructure The Council has prepared a Strategic Flood Risk Assessment (Appendix 9) following which the county has been divided into two zones according to their risk of flooding and incompliance with latest CFRAM mapping. Map 10.3 indicates flood zones A and B in County Laois. In making its zoning decisions and planning application decisions, the Council will rely on the best available floodrisk data and will be mindful of the unpredictable nature of climate change.

2. Page 212

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   Chapter 10 Infrastructure 210 | P a g e Map 10.3: Flood Map 10.2.2.1 Sequential Approach The Planning System and Flood Risk Management: Guidelines for Planning Authorities’ (DEHLG, 2009) prescribe the use of a sequential approach to ensure that new development is directed towards land that is at a low risk of flooding. The sequential approach makes use of flood risk assessment and of prior identification of flood zones for river flooding. It is essential that the risk potentially arising from other sources of flooding should also be taken into account in all areas and stages of the planning process. The planning implications for each of the flood zones are as follows: Table 10.4: Flood Zones Flood Zone A High Probability of flooding Most types of development would be considered inappropriate in this zone. Development in this zone should be avoided and/or only considered in exceptional circumstances where the requirements of the Justification Test set out can be met. Flood Zone B- Moderate Probability of flooding: Highly vulnerable development would generally be considered inappropriate in this zone, unless the requirements of the Justification Test can be met. Less vulnerable developments might be considered appropriate in this zone subject to a flood risk assessment to the appropriate level to demonstrate that flood risk to and from the development can and will be adequately managed

3. Page 213

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   Chapter 10 Infrastructure 211 | P a g e Flood Zone C Low Probability of flooding Development in this zone is appropriate from a flood risk perspective (subject to assessment of flood hazard from sources other than rivers and the coast) but would need to meet the normal range of other proper planning and sustainable development considerations. Flood Risk Management Policy Objectives FRM 1 Ensure that flood risk management is incorporated into the preparation of all local area plans through the preparation in accordance with the requirements of the Planning System and Flood Risk Management-Guidelines for Planning Authorities (DoEHLG 2009). FRM 2 Ensure that all development proposals comply with the requirements of the Planning System and Flood Risk Management-Guidelines for Planning Authorities’ (DEHLG 2009) and to ensure that the Justification Test for Development Management is applied to required development proposals and in accordance with methodology set out in the guidelines and new development does not increase flood risk elsewhere, including that which may arise from surface water runoff. FRM 3 Support the implementation of recommendations in the CFRAM Programme toensure that flood risk management policies and infrastructure are progressively implemented. FRM 4 Support the implementation of recommendations in the Flood Risk Management Plans (FRMP’s), including planned investment measures for managing and reducing flood risk. FRM 5 Consult with the OPW in relation to proposed developments in the vicinity of drainage channels and rivers for which the OPW are responsible, and to retain a strip on either side of such channels where required, to facilitate maintenance access thereto. FRM 6 Assist the OPW in developing catchment-based Flood Risk Management Plans for rivers in County Laois and have regard to their provisions/recommendations. FRM 7 Protect and enhance the County’s floodplains and wetlands as ‘green infrastructure’ which provides space for storage and conveyance of floodwater, enabling flood riskto be more effectively managed and reducing the need to provide flood defenses in the future, subject to normal planning and environmental criteria. FRM 8 Protect the integrity of any formal (OPW or Laois County Council) flood risk management infrastructure, thereby ensuring that any new development does not negatively impact any existing defense infrastructure or compromise any proposed new infrastructure. FRM 9 Ensure that where flood risk management works take place that the natural and cultural heritage, rivers, streams and watercourses are protected and enhanced. FRM 10 Ensure each flood risk management activity is examined to determine actions required to embed and provide for effective climate change adaptation as set out in the OPW Climate Change Sectoral Adaptation Plan Flood Risk Management applicable at the time.

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   Chapter 10 Infrastructure 212 | P a g e Flood Risk Management Policy Objectives FRM 11 Consult, where necessary, with Inland Fisheries Ireland, the National Parks and Wildlife Service and other relevant agencies in the provision of flood alleviation measures in the County. FRM 12 Prioritise plans for flood defence works in the towns as indicated in the Strategic Flood Risk Assessment in order to mitigate against potential flood risk. FRM 13 Ensure new development does not increase flood risk elsewhere, including that which may arise from surface water runoff. FRM 14 Protect water sinks because of their flood management function, as well as their biodiversity and amenity value and encourage the restoration or creation of water sinks as flood defence mechanisms, where appropriate. Flood Risk Development Management Standard DM FRM 1 FLOOD RISK ASSESSMENTS Flood risk management will be carried out in accordance with the Flood Risk Management Guidelines for Planning Authorities, Department of Environment, Community and Local Government (2009). Development proposals on lands that may be at risk of flooding should be subject to a flood risk assessment, prepared by a suitably qualified person, in accordance with the guidelines. Proposals for minor development to existing buildings in areas of flood risk (e.g. extensions or change of use) should include a flood risk assessment of appropriate detail. For any development proposal in an area at moderate or high risk of flooding that is considered acceptable in principle (i.e. has passed the Plan Making Justification Test), the site specific FRA must demonstrate that appropriate mitigation measures can be put in place and that residual risks can be managed to acceptable levels. This includes a number of mitigation measures, which could include: • Site Layout and Design • Ground Levels, Floor Levels and Building Use • Raised Defences • Green Corridor The precise solution will depend on the site specific details, all of which shall adhere to the Flood Risk Management Guidelines for Planning Authorities, Department of Environment, Community and Local Government (2009), or where relevant more up to date guidance. 10.3 WATER AND WASTE WATER INFRASTRUCTURE 10.3.1 PUBLIC WATER AND WASTEWATER Irish Water is the statutory body responsible for the provision of public water and wastewater supply schemes. It is an objective of Irish Water to provide both drinking water and wastewater capacity to facilitate growth in accordance with core strategies at county level and with national and regional

5. Page 215

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   Chapter 10 Infrastructure 213 | P a g e planning policies and objectives (subject to the constraints of the Irish WaterCapital Investment Programme). Laois County Council retains its role in the provision of water services, in conjunction with Irish Water, at a local level, through Service Level Agreements (SLAs). -. The Environmental Protection Agency (EPA) is the environmental regulator of Irish Water and the Commission for Regulation of Utilities (CRU) is their commercial regulator. The Council will work closely withIrish Water to inform and influence the timely provision of infrastructure within the County in line with the Core and Settlement Strategies of this Plan. 10.3.2 POLICY CONTEXT Water and waste water services are governed by the following statutory legislation guidelines and plans: • Water Services Act 2007 – 2017; • Drinking Water Directive 98/83/EC and its imminent recast. • Water Framework Directive. The policy objectives of this Plan are informed by the following National and Regional guidanceand policies: • The National Planning Framework – Ireland 2040 • Eastern and Midland Regional Assembly Regional Spatial and Economic Strategy 2019- 2031 • Irish Water’s Water Services Strategic Plan (WSSP) • Irish Water’s Connection Charging Policy approved by the CRU • Irish Water Capital Investment Plan 2020 to 2024 and subsequent plan. • Code of Practice: Wastewater Treatment Systems for Single Houses Environmental Protection Agency-2010, updated 2012 & 2013 • Draft Guidelines for Planning Authorities on Water Services Department of Housing, Planning & Local Government-2018 • Irish Water Small Towns and Villages Growth Programme 2020 to 2024 and subsequent programme (2020 to 2024). • Irish Water National Capacity Register for Wastewater Treatment Plans • Taking in Charge of Private Estates Memorandum of Understanding and Protocolagreed between the Local Authority and Irish Water. • Connection and Development Services Standards for Water and Wastewater Infrastructure and Code of Practice. 10.3.3 PUBLIC WATER SUPPLY There is a total of 28 Public Water Supply (PWS) Schemes in Laois supplying drinking water to14 Towns, 7 Villages, a number of small rural settlements and a considerable rural area. Laois is unique in that 98.5% of all Public Water Schemes sources come from groundwater. In general, the quality of groundwater in Laois is of good status and requires far less treatment in order to ensure compliance with the European Union (Drinking Water) Regulations 2014, as amended. 10.3.4 PUBLIC WASTEWATER INFRASTRUCTURE In relation to wastewater, there are a total of 14 Licensed Wastewater Treatment Works(WWTW) in Laois – those are agglomerations treating greater than 500 population equivalent (p.e.) and a total of 13 WWTWs with Certificates of Authorisation issued by the EPA under the Wastewater Discharge (Authorisation) Regulations 2007 – less than 500 p.e.

6. Page 216

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   Chapter 10 Infrastructure 214 | P a g e 10.3.5 IRISH WATER SERVICES STRATEGIC PLAN In 2015, Irish Water published its Water Services Strategic Plan (WSSP), which sets outstrategic objectives for the delivery of water services over a 25 year period and sets a contextfor investment and implementation plans. This plan is reviewed every five years. Irish Water and the Council will continue to work together to identify the water services required to support planned development in line with national and regional planning policies for inclusion in the Irish Water Capital Investment Plans. The Strategic Aims in IW’s WSSP are as follows: • Strategic Objective 1: Quality - Ensure a Safe and Reliable Water Supply by managing the sustainability and quality of drinking water from source to tap to protect human health. • Strategic Objective 2: Provide Effective Management of Wastewater by managing the operation of wastewater facilities in a manner that protects environmental quality and manage the availability and resilience of wastewater services now and into the future: • Strategic Objective 3: Ensure a Safe and Reliable Water Supply and Manage water supplies in an efficient and economic manner and manage the availability, sustainability and reliability of water supply now and into the future: • Strategic Objective 4: Conservation - Protect and Enhance the Environment to ensure that services are delivered in a sustainable manner which contributes to the protection of the environment • Strategic Objective 5: Support Social and Economic Growth – Facilitate growth in line with National, Regional and Local spatial planning policy and the Core Strategies in Development Plans: • Strategic Objective 6: Meet Customer Expectations. 10.3.6 IRISH WATER CAPITAL INVESTMENT PLAN The Capital Investment Programme (CIP) of Irish Water outlines the indicative priorities and investments in water services infrastructure over the plan period. This CIP aims to deliver improvements in drinking water quality, leakage, wastewater compliance, business efficiencies and customer service. The current investment plan covering the period 2020 to 2024 is being finalized by IW on foot of the CRU’s decision dated 4th August 2020 on its updated CIP submitted to the CRU in April 2020. 10.3.7 CAPITAL INVESTMENTS IN LAOIS Having regard to the IW Capital Investment Plan CIP 2020 to 2024 and the subsequent CIP, Laois County Council, will work collaboratively with IW in accordance with the Service Level Agreement with Irish Water, and consistent with Irish Water’s Water Services Strategic Plan (WSSP). The strategic objectives and aims identified in the WSSP outline the measures and the Programmes and Projects to be implemented by IW to deliver on these strategic objectives. Thespecific projects and programmes as proposed by Laois County Council in this Plan represent what Laois County Council considers are priority schemes to ensure that IW deliver on the Strategic Objectives and aims within their WSSP. It is recognized that IW are restricted by the funding approved by the CRU and that some of these programmes / projects may not be delivered within the lifetime of this plan for the period 2021-2027. Laois County Council will continue to work with IW in accordance with the SLA and aim to achieve the strategic objectives within IW’s WSSP by setting the following specific objectives.

7. Page 217

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   Chapter 10 Infrastructure 215 | P a g e Public Water Supply Policy Objectives WS 1 Continue in conjunction with Irish Water to ensure that a Safe and Reliable Water Supply by managing the sustainability and quality of drinking water from source to tap to protect human health. WS 2 Provide for Resilience in Public Water Schemes and support social and economic growth and meet customer demands particularly during drought conditions by working with IW to deliver on the following priority schemes: ➢ Portlaoise PWS – Bring into production the 3 non-producing Boreholes in Coolbanagher and increase Storage Capacity to provide 24 hours emergency supply; ➢ Portarlington PWS – Bring into Production Borehole(s) and Treatment Plant in the Doolough Wellfield and increase Storage Capacity to provide 24 hours emergency supply and ➢ Swan PWS – Bring into Production the Borehole and Treatment Plant at Tollerton. WS 3 Protect both ground and surface water resources and to work with Irish Water to develop and roll-out Drinking Water Safety Plans across all water schemes to protect sources of public water supply and their contributing catchments and to ensure that good water quality is sustained in all public water supplies. WS 4 Work with Irish Water to ensure that adequate water services will be available to service zoned development and to require developers to engage with IW in a timely fashion by way of submitting a pre-connection enquiry form to IW. WS 5 Laois County Council will not permit housing developments of greater than onedwelling which propose standalone developer provided water infrastructure in areas remote from Public Water Schemes. WS 6 Work with IW to minimise wastage of water supply by requiring existing and new developments to incorporate water conservation measures. WS 7 Promote and encourage the harvesting of rainwater to meet non-potable water needs. WS 8 Implement Energy Efficiency solutions in Water Systems. WS 9 Encourage industrial and commercial developments with small private water suppliesto connect to the public water schemes where technically and financially feasible. WS 10 Ensure Water Conservation through the following actions : ➢ Roll-out further Mains Replacement programmes: ➢ Continue with validation of District Metre Areas(DMA’s) ➢ Carry out focused Find and Fix Programmes to achieve targetvolumetric reductions in accordance with IWs targets. WS 11 Work in accordance with IW/LA MoU and Protocol on an agreed programme with LA planning to take in charge private housing estates Water and transfer assets to IW.

8. Page 218

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   Chapter 10 Infrastructure 216 | P a g e Public Water Supply Policy Objectives WS 12 Work in accordance with IW/LA MoU and Protocol and with the NFGWS on an agreed programme with the Local Authority to take in charge Public Group Water Scheme and transfer assets to IW. WS 13 Secure the future sustainability of Laois County Council’s INAB Accredited Laboratory and enhance the accreditation status of the Laboratory in order to develop the Laboratory into one of 4 Regional Local Authority Accredited Laboratories nationally. Public Wastewater Objectives WS 14 Support and facilitate social and economic growth in line with National, Regional and Local spatial planning policy and the Core Strategy in Chapter 2 of this plan through the following actions: • Measure 1: Facilitate Growth: Wastewater Growth Programme: - ➢ Upgrade to the Portlaoise WWTP – phase 1 as proposed in the Feasibility Study. ➢ Roll-out agreed priorities for IWs Small Towns and Villages Growth Programme 2020 to 2024 and subsequent Programmes. • Measure 2: Network and Treatment Programmes: ➢ Roll-out improvements to network in Portlaoise WW Network as identified in the Portlaoise Drainage Area Plan (DAP). ➢ Complete DAPs for Portarlington and Mountmellick Wastewater Networks and complete modeling for improvements to these networks. • Measure 3: Irish Water Small Towns and Villages Growth Programme ➢ Under IWs Small Towns and Villages Growth Programme 2020 to 2024 and subsequent programmes agree priorities for delivering upgrades/replacements of WWTPs with insufficient headroom or plants that are non-compliant and damaging to the receiving environment so as to enhance and provide for growth in small towns and villages throughout the county. WS 15 Work in conjunction with Irish Water and with the DHPLG during the lifetime of the plan for the provision, extension and upgrading of waste water collection and treatment systems in the County that have existing facilities to serve existing populations and facilitate sustainable development of those towns, in accordance with the requirements of the Settlement Strategy and associated Core Strategy. In particular A. Wastewater Discharge Authorisation Compliance (EPA Licensed Plants) i. Complete upgrade to Portlaoise – phase 1 as proposed in the Feasibility Study; ii. Upgrades to Ballinakill; iii. Ballyroan – Phase 3, 4 and 5; iv. Castletown _- Sludge and Storm Tank Programmes; v. Mountmellick – Ortho P and Ammonia Compliance. B. Urban Wastewater Treatment Directive Compliance: Complete upgrades to COA WWTPs (plants with <500pe design) under the National Certificate of Authorisation Programme (NCAP) on a priority basis as agreed with the Local

9. Page 219

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   Chapter 10 Infrastructure 217 | P a g e Public Wastewater Objectives Authority. WS 16 Promote use of wetland systems for treatment of waste-water in accordance with Department of Environment, Heritage and Local Government guidelines “Integrated Constructed Wetlands –Guidance Document for Farmyard Soiled Water and Domestic Wastewater Applications” [2010]. WS 17 Deliver Energy efficient Capital Programmes where appropriate and as follows i. Borris-in-Ossory – Install Fine Bubble Diffused Aeration WS 18 Work in accordance with IW/LA MoU and Protocol on an agreed programme with LA planning to take in charge private housing estates Wastewater Infrastructure and transfer assets to IW. Waste Water Development Management Standard DM WS 1 DISTANCES FROM WASTEWATER TREATMENT PLANTS Proposals to develop in close proximity to existing or proposed seweragetreatment Plants and pumping stations will be assessed having regard to: 1) The nature of the effluent being treated; 2) Prevailing wind direction; 3) Noise; 4) Type of treatment process employed; 5) Sludge treatment; 6) Visibility and screening of treatment plant; 7) Development will not be allowed within 100m of a treatment works or 25m of a pumping station. This distance may be increased if significant environmental issues are likely to arise and will be judged on a site by site basis. The buffer area may be used to fulfil open space requirements. DM WS 2 WAYLEAVES Wayleaves for infrastructure necessary for the provision of wastewater and / or water infrastructure over third party lands must be legally binding and in place prior to making planning applications. 10.3.8 PRIVATE WATER AND WASTEWATER SUPPLIES Private water supplies are those supplies not operated by Irish Water. They include Group Water Schemes- both public and private (GWSs), Small Private Supplies (SPSs) with a commercial or public use and individual Wells serving single houses. The water source for all private supplies comes from groundwater and are either from is a spring or a Borehole (well). One fifth of the people of Ireland get their water from private supplies. In the EPAs 2018 Focus on Private Water Supplies the key findings were that water quality in private water supplies remains poorer than in Public Supplies (excepting Public Group Water Schemes) and when one looks at E Coli Compliance in the results from sampling the following is the position:

10. Page 220

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    Chapter 10 Infrastructure 218 | P a g e • Public Supplies are 99.9% Compliant • Public Group Water Schemes are 100% compliant • Private Group Water Schemes are only 95.4% compliant and • Small Private Group Water Schemes are only 95.4% compliant While certain functions of the Council have transferred to Irish Water, Laois County Council remains responsible for ensuring that the water supplied by any other water supplier which includes the Public and Private Group Water Schemes, Small Private Water Supplies is wholesome and clean and meets the requirements of the European Union (Drinking Water) Regulations 2014, as amended. The overarching objective of Laois County Council is to use its powers as Supervisory Authority under the European Union (Drinking Water) Regulations 2014, as amended to improve the quality of water in private supplies. The crucial importance of ground water resources and abstraction points is recognised by the Council. Careful protection of water resources from pollution in the interests of the common good and public health is a priority of the Council. The control of pollution and prevention of contamination of groundwater and watercourses will be assessed in developments which discharge to groundwater or watercourses within the requirements of the Water Pollution Acts 1977 to 1990. Effluents must be treated and discharged in a satisfactory manner. 10.3.8.1 Group Water Schemes Under the European Union (Drinking Water) Regulations 2014, as amended Laois County Council is the Supervisory Authority for 74 Group Water Schemes. 46 of these schemes are connected to a public water supply, while 28 use privately sourced groundwater serving an estimated population of almost 6,000 people. The Council monitors the quality of water in all 74 GWSs in order to ensure compliance with the EU (Drinking Water) Regulations, as amended. 10.3.8.2 Small Private Supplies (SPSS) Under the European Union (Drinking Water) Regulations 2014, Laois County Council is the Supervisory Authority of SPSs with a Commercial or Public Use. Laois County Council has responsibility for ensuring compliance with the Regulations of 93 small private supplies with a commercial or public use. This includes 14 National Schools. 10.3.8.3 Private Wells Private boreholes are used when access to the public water supply or a group water scheme is not possible. It is estimated that up to 30% of private wells are contaminated by E-Coli and that around two thirds are at risk on contamination. Laois County Council administers a Grant Scheme for the provision or upgrade of private wells and treatment systems. In all circumstances the applicant will need to clearly demonstrate that a suitable site is available and that sewage treatment can be accommodated without negative impact on the proposed water source. Rural Water and Wastewater Policy Objectives WS 19 Work in conjunction with the NFGWSs and with the support and funding of the DHPLG by way of the Rural Water Multi-Annual Programme 2019 to 2021 and subsequent programmes to - through various measures - improve the quality, reliability and efficiency of water services for rural dwellers where Irish Water services are not available and thereby sustain and enhance the social, economic and future prosperity of the rural water sector.

Source Laois County Council: Laois County Development Plan 2021–2027 (2021–2027) · Licence the publisher's termsText read from the publisher’s PDF; tables, maps and drawings do not survive as text, and page numbers are the PDF’s (its first page is 1). Check the original before relying on a passage.