Development plan · Laois County Council
Laois County Development Plan 2021–2027
The council's development plan written statement: its strategy, policies, objectives and development standards.
Laois County Council · 2021–2027 · 317 pages
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- Chapter 10 Infrastructure 229 | P a g e 10.4.3 AIR QUALITY Poor air quality both in the urban and rural environment can lead to major environmental problems and be detrimental to public health. The most sensitive areas in relation to air quality are built-up urban areas and major transport developments. Air pollution continues to present challenges including: • transport emissions, especially road transport emissions of NOx and fine particulate matter (PM10 and PM 2.5) arising from increase in diesel cars and buses on our road network;; • power generation and emissions from industry, agriculture and agricultural activities that lead to methane and nitrous oxide emissions; • burning of fossil fuels e.g. gas, peat, and coal resulting in carbon dioxide emissions and the persistent problem of ‘smoky’ emissions from the use of solid fuel in homes and backyard burning. The Environmental Protection Agency (EPA) is the body responsible for the monitoring of air quality in Ireland. The Council is the regulatory authority under the Air Pollution Act 1987 andthe Air Pollution Act 1987 (Licensing of Industrial Plant) Regulations 1988. Under the above legislation Laois County Council’s role is to protect, enhance and control air pollution and to ensure the provision of the highest standards. The Council is empowered to improve air quality and prevent pollution by having regard to the Air Quality Standards Regulations 2011 (S.I. No. 180 of 2011). These regulations implement Directive 2008/50/EC on ambient air quality and cleaner air for Europe (CAFE Directive). The Council has adopted policies in relation to air quality having regard to its importance to a good quality of life, public health and environmental sustainability. Air pollution can negatively affect human health and eco-systems with the main threat to air quality being emissions from road traffic and solid fuel burning. The policy approach of the Council to integrate land use planning and transportation will reduce emissions from vehicles. The most sensitive areas in relation to air quality are built-up urban areas and major transport developments. A reduction in the amount of heating required through improved energy efficiency of homes is also an important part of the solution. The Council will have regard to the EU Framework Directive on Air Quality Assessment relating to air quality standards. Regard shall also be had to the relevant WHO Guideline Values and the EPA document “Air Quality in Ireland”. Air Quality Policy Objectives ES 38 Promote the preservation of best ambient air quality compatible with sustainable development in accordance with the EU Ambient Air Quality and Cleaner Air for Europe (CAFE) Directive (2008/50/EC) and ensure that all air emissions associated with new developments are within Environmental Quality Standards as out in the Air Quality Standards Regulations 2011 (SI No. 180 of 2011) (or any updated/superseding documents). ES 39 Encourage more sustainable modes of transport and a more balanced modal spilt to reduce carbon emissions.
- Chapter 10 Infrastructure 230 | P a g e ES 40 Encourage the use of appropriate mitigation measures, such as dust dampeners, chimney stack scrubbers, etc. to minimise the potential impacts of developments on air quality. ES 41 Require developments of a certain nature to carry out assessments of the impact of the development on air quality. ES 42 Ensure the implementation of the radon prevention measures for new homes as contained within the Building Regulations. 10.4.4 NOISE POLLUTION Noise control is governed by the Environmental Protection Agency Act 1992 and the Environmental Protection Agency Act (Noise) Regulations 1994 (S.I. No. 179 of 1994). The definition of environmental noise includes “noise which causes a nuisance, or would endanger human health or damage property or harm the environment”. Noise that is continuous, repeated or loud can have significant impacts on the quality of life of individuals, communities and the environment, in particular, wildlife. The protection of noise sensitive land usage, such as residential uses, is important in order to foster a good quality of life. The Planning Authority of Laois County 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. Similarly, where noise sensitive uses are proposed within proximity to a noise source, such as national roads, rail lines, etc., proposals shall include noise and/or vibration attenuation measures in any planning application. 10.4.4.1 Noise Action Plan Laois County Council adopted the 2019-2022 Noise Action Plan in 2019, which is in accordance with Environmental Noise Regulations (SI 140 of 2006). The aim of the plan is to avoid,prevent and reduce, on a prioritised basis the harmful effects, including annoyance due to the long term exposure to environmental noise. Noise Pollution Policy Objectives ES 43 Require an assessment of impact of the developments on noise levels, having regard to the provisions of the Environmental Protection Agency (EPA) Acts 1992 and 2003 and the EPA Noise Regulations 1994 when assessing planning applications. ES 44 Support the implementation of the Noise Directive 2002/49/EC and associated Environmental Noise Regulations 2006. ES 45 Ensure that relevant planning applications comply with the provisions of any Noise Action Plan or noise maps relating to the area. ES 46 Restrict development proposals causing noise pollution in excess of best practice standards ES 47 Regulate and control activities likely to give rise to excessive noise, other than those activities which are regulated by the EPA.
- Chapter 10 Infrastructure 231 | P a g e ES 48 Ensure new development does not cause an unacceptable increase in noise levels affecting noise sensitive properties. Proposals for new development with the potential to create excessive noise will be required to submit a construction and/or operation management plan to control such emissions. ES 49 Require activities likely to give rise to excessive noise to install noise mitigation measures and monitors. The provision of a noise audit may be required where appropriate This Noise Action Plan 2019 has been prepared by Laois County Council to address environmental noise from major roads with more than three million vehicles per annum. The action planning area covers the M7, M8, N80, N77 and sections of the R445. It also covers the major rail line between Hazelhatch and Portarlington within the functional area of Laois. It is a follow up to the 2014 Noise Action Plan which addressed environmental noise from roads with more than three million vehicles per annum and the 2008 Noise Action Plan which addressed environmental noise from roads with more than six million vehicles per annum. 10.4.5 LIGHT POLLUTION The control of light pollution is important in the interests of nature conservation, residential amenity and energy efficiency. While adequate lighting is essential to a safe and secure environment, light spillage from excessive or poorly designed lighting is increasingly recognized as a potential nuisance to surrounding properties, a potential hazard to road safety, a threat to wildlife and can reduce the visibility of the night sky. Light Pollution Policy Objectives ES 50 Ensure that external lighting and lighting schemes are designed so that light spillage is minimised, thereby limiting light pollution into the surrounding environment and protecting the amenities of nearby properties and wildlife, including protected species. ES 51 Encourage the maintenance of dark skies in rural areas and limit light pollution in urban and rural areas. ES 52 Encourage the maintenance of dark skies in rural areas and limit light pollution in urban and rural areas. 10.4.6 SOIL QUALITY The large percentage of permanent pasture land has protected Ireland’s soils from serious degradation, with the notable exception of peatlands. There is, however, increasing pressure on soil, particularly from land use changes, intensification of agriculture, erosion and overgrazing, afforestation, industry and urbanisation. These developments have significant impacts on soil quality and require careful management to protect soils and the wider environment.
- Chapter 10 Infrastructure 232 | P a g e Soil Quality Policy Objectives ES 53 Ensure good soil quality throughout the county by requiring developments of a certain nature (as specified in the relevant environmental legislation) to carry out assessments of the impact of the development on soil quality. ES 54 Recognise the significant impacts of land use, land use change and sludge generation and treatment in relation to carbon loss/stocks and recognise the function of soil assessment and management, carbon sinks, carbon sequestrationand restoration of degraded lands in plan led settlement and development strategies 10.5 CONTROL OF MAJOR ACCIDENT HAZARDS DIRECTIVE (SEVESO III DIRECTIVE) The Chemicals Act (Control of Major Accident Hazards involving Dangerous Substances) Regulations 2015 (S.I. No. 209 of 2015) (the “COMAH Regulations”), implement the Seveso III Directive (2012/18/EU). The purpose of the COMAH Regulations requires for the prevention of major accidents involving dangerous substances, and seeks to limit the consequences for human health and the environment of such accidents. COMAH Policy Objectives ES 55 Ensure that any COMAH sites in County Laois are managed in accordance with the provisions of the Seveso III Directive. ES 56 Have regard to the following in assessing applications for new developments(including extensions); • The Major Accidents Directive Seveso III Directive (2012/18/EU); • The potential effects on public health and safety; • The need to ensure adequate distances between such developments and residential areas, areas of public use and any areas of sensitivity ES 57 Any proposals for developments within the vicinity of major accident hazard sites shall have cognisance of the required minimum separation distances as required by the Major Accidents Directive. In this regard all future proposals of this nature shall be forwarded to the Health and Safety Authority. 10.6 TELECOMMUNICATIONS The development of high-quality telecommunications infrastructure is critical to advance the economic and social development of the county. The development of telecommunications infrastructure is essential to attracting investment and facilitating economic development. The Council is committed to enhancing the telecommunications network and infrastructure throughout the county. However, this must be managed to ensure a balance between the provision of telecommunications infrastructure in the interests of social and economic progress, and sustaining residential amenity and environmental quality. 10.6.1 BROADBAND The availability of a high-quality and high speed broadband network will, increase economic development potential by facilitating a transition to a knowledge-based ‘smart economy’, it promotes
- Chapter 10 Infrastructure 233 | P a g e sustainable development by encouraging remote working and reducing commuting and it can promote social inclusion and an enhanced quality of life for all. The National Broadband Plan is Government policy focused on ensuring that everyone, irrespective of where they live, should have access to high quality, competitively priced broadband services. The contract for the delivery of the National Broadband Plan was awarded in November 2019. As part of this plan, each local authority is required to prepare a Digital Strategy for the County. 10.6.2 LAOIS DIGITAL STRATEGY 2020-2024 Laois County Council adopted a Local Digital Strategy in October 2020 to ensure the delivery of high speed broadband throughout the County. The Vision of the strategy is two fold – to set out the Councils ambitions to meet the needs and aspirations of the people of County Laois in enabling them to benefit from digital technologies and infrastructures throughout the county and to enable the citizens of Laois to be better informed and skilled, to be able to carry out their business in a more resilient manner, access all aspects of life – education, public services and entertainment, whilst offering a better experience to visitors coming into the County. Actions relating to the following objectives frame this strategy: 10.6.3 PUBLIC WIFI ZONES Extensive work has been carried out by the Department of Rural and Community Development to determine intervention areas that will be connected throughout the Country. Nearly 300 Broadband Connection Points (BCP’s) will be provided in Year 1 (2020) which will provide free WIFI in local communities supporting digital work hubs in every county. In County Laois 11 such BCP’s have been identified and developed on site as per Map 10.5. The European commission also promotes free WIFI connectivity for its citizens and visitors in public spaces. To support this, the WIFI4EU initiative matched by the Department of Rural and Community Development funding will provide the equipment and installation costs of internet access points across the County. Digital Digital Local Digital Strategy Digital Infrastruct Digital
- Chapter 10 Infrastructure 234 | P a g e Laois County Council has been successful in securing 4 such vouchers under WIFI4EU which will roll out during 2020/ 2021 in 4 public locations within the county. This will provide free public WIFI in urban centres and at locations with increased visitor numbers. Map 10.5: BCPs in Laois 10.6.4 TELECOMMUNICATIONS MASTS AND ANTENNAE An efficient telecommunications system is important in the development of the economy of which the provision of masts and associated antennae are an essential element. The Council will have regard to the document titled Telecommunications Antennae and Support Structures Guidelines for Planning Authorities (DoELG, 1996) when considering applications for masts and antennae. Telecoms Policy Objectives TEL 1 Encourage and facilitate the coordinated development and extension of broadband infrastructure throughout the county, by state or private operators. TEL 2 Support the delivery of the National Broadband Plan and implement the objectives of the Laois Local Digital Strategy 2020 – 2024. TEL 3 Ensure that ducting for broadband fibre connections is provided during the installation of services, in all new commercial and housing schemes and during the carrying out of any work to roads or rail lines.
- Chapter 10 Infrastructure 235 | P a g e Telecoms Policy Objectives TEL 4 Encourage the provision of WiFi zones in public buildings. TEL 5 Facilitate the delivery of high-capacity telecommunications infrastructure atappropriate locations throughout the county having regard to the guidelines for “Telecommunications Antennae and Support Structures”, Circular Letter PL07/12 and any updated documents issued by the DoECLG or relevant authority. TEL 6 Co-operate with telecommunications service providers in the development of infrastructure, having regard to the proper planning and sustainable development of the area, normal planning and environmental. TEL 7 Adopt a presumption against the location of structures in vulnerable landscapes as identified in the Landscape Character Assessment (Appendix 6) and in areas where views are to be preserved and in areas adjacent to national monuments, sites of archaeological heritage or protected structures. TEL 8 Existing Public Rights of Way will be identified prior to any new telecommunication developments (including associated processes) which will be prohibited if they impinge thereon or on recreational amenities, public access to the countryside, communities or the natural and built environment. TEL 9 Encourage co-location of antennae on existing support structures and to require documentary evidence as to the non-availability of this option is proposals for new structures. The shared use of existing structures will be required where the numbers of masts located in any single area is considered to have an excessive concentration. TEL 10 Assess proposals for the location of telecommunication structures in sensitive landscapes in accordance with the policies set down within the Landscape Character Assessment. Telecommunications Development Management Standards DM TEL 1 TELECOMMUNICATION STRUCTURES To facilitate the evaluation of development proposals for the erection of antennae and support structures, applicants/developers/operators will be required to: 1) Submit a reasoned justification as to the need for the particular development at the proposed location in the context of the operators overall Plans to develop a network in County Laois and strive to reduce the number of telecommunication structures by ensuring that ComReg’s Code of Conduct is implemented. 2) Indicate what other sites or locations in the County were considered; 3) Submit evidence of consultations, if any, with other operators with regard to the sharing of sites and/or support structures; 4) Where masts are located in areas of high amenity, landscapes of exceptional or high value or international or national importance and high sensitivity as indicated in the Landscape Character Assessment, there shall be a presumption to provide a “Landscape Impact Report” to allow proper
- Chapter 10 Infrastructure 236 | P a g e assessment of the visual impact. Surrogate (coniferous trees) shall be considered. 5) Masts will only be permitted if supported by an acceptable Visual Impact Report. 6) Furnish a statement of compliance with the International Radiation Protection Association (IRPA) Guidelines (Health Physics, Vol. 54, No. 1(Jan) 1988) or the equivalent European Prestandard 50166-2 which has been conditioned by the licensing arrangements with the Department of Transport, Energy and Communications; 7) Cumulative effect of dishes in the area should be considered. 8) Furnish evidence that an installation of the type applied for complies with the above Guidelines. 9) Cables and wire connections shall be located underground where feasible. 10) The design of the mast structures should be simple and well finished; monopoles are preferred to latticework types. Where appropriate, masts, antennae and fencing should be in harmony with their surroundings and should be of dull or neutral sky grey colour so as to be less visually obtrusive. Green or black is the preferred colour at ground level. 11) Subject to visual and landscape considerations, support structures will normally be required to be designed to facilitate the attachment of additional antennae to facilitate co-location. The number of ancillary buildings/containers shall be kept to the minimum and the need for each structure must be clearly justified. They should be located in accordance with the provisions of the DoECLG Guidelines 1996 (or as may be amended). 12) Restoration plans shall be submitted with the application for when antennae and their support structures are no longer being used and nonew user has been identified. 13) Access roads will be permitted only where they are absolutely necessary. 14) Where it has been proven that there is a need for new/expanded coverage in a particular area, the applicant shall show that all existing masts and support structures have been examined to determine if the attachment of new antennae to existing structures can provide the coverage required, the applicant shall submit either a Discovery Series Map or similar map type (to be agreed with planning authority) to the scale of 1:50,000 the location of all telecommunication structures within a radius of 1km of the proposed site, indicating the coverage area of the proposed facility and a technical evaluation of the capabilities of these masts to take additional antennae and provide the coverage required be considered. DM TEL 2 UNDERGROUNDING AND CONCEALING OF SERVICES In new housing and in other forms of urban development, all services including E.S.B., telephone and television cables shall be • Placed underground; • Service buildings or structures should be sited as unobtrusively as possible and must be screened; Care should also be given to the treatment of maintenance boxes, electrical boxes and bin storage on facades so that such items are concealed as unobtrusively as possible.
- 237 | P a g e CHAPTER 11 BIODIVERSITY AND NATURAL HERITAGE Aim: To contribute towards the protection, conservation and management of biodiversity and natural heritage including sites designated at national and EU level and protected species and habitats outside of designated sites and to develop a green infrastructure network in the interests of the proper planning and sustainable development of the county. 11.1 INTRODUCTION The County’s natural heritage and biodiversity is of local, national and international importance and is recognised as an important environmental and economic resource that requires care and management through the planning process. Laois has a wide range of habitat types andlandscapes supporting diverse species both in natural and semi-natural state and managed locations. Natural heritage areas Includes the upland area of the Slieve Bloom Mountains, scenic river valleys of the Barrow and Nore, woodlands, rolling farmland and a network of mature biodiversity areas such as boglands, riparian habitats and hedgerows. Protecting and enhancing our biodiversity, ecosystems and landscapes is vital to the health, well-being and quality of life of our communities and assists societal adaption to the challenges of climate change. 11.2 POLICY CONTEXT Ireland has signed and ratified a number of international conventions and agreements including the Convention on Biological Diversity, the Convention on the Conservation of European Wildlife and Natural Habitats (Bern) and the Convention on Wetlands of International Importance (Ramsar). These various obligations are given legal effect through both European and National legislation and have resulted in the designation of natural heritage sites throughout the country. 11.2.1 EU BIRDS AND HABITATS DIRECTIVES EC Birds Directive (Directive 2009/147 EC) The EU Birds Directive (Council Directive 79/409/ EEC) and the EU Habitats Directive (European Directive 92/43/EEC) provides for the establishment of the Natura 2000 network of sites of highest biodiversity importance for rare and threatened habitats and species across the EU. The Natura 2000 network of European sites comprises Special Areas of Conservation (SAC), and Special Protection Areas (SPA). 11.2.2 THE EU BIODIVERSITY STRATEGY 2030 The EU’s biodiversity strategy for 2030 is a comprehensive, ambitious and long-term plan to protect nature and reverse the degradation of ecosystems. The strategy aims to put Europe's biodiversity on a path to recovery by 2030, and contains specific actions and commitments in relation to pollinators, water quality, nature restoration targets, fishing , etc. 11.2.3 NATIONAL LEGISLATION Development Plans must include mandatory objectives for the conservation of the natural heritage and for the conservation of European sites and any other sites which may be prescribed. National legislation includes the following: Wildlife Acts 1976 and 2010 (as amended), the Planning and Development Act 2000 (as amended) and associated Regulations, European Union (Planning and Development), (Environmental Impact Assessment) Regulations 2018, the European Union (Water Policy) Regulations 2003 (as amended), the European Communities (Birds and Natural Habitats) Regulations 2011 (as amended), the EuropeanCommunities (Environmental Liability) Regulations 2008 (as amended) and the Flora Protection Order 2015.
- Chapter 11 Biodiversity and Natural Heritage 238 | P a g e 11.2.4 NATIONAL PLANNING FRAMEWORK (NPF) The National Planning Framework (NPF) aims to protect and value our important and vulnerable habitats, landscapes, natural heritage and green spaces. It highlights the importance of the interrelationships between biodiversity, natural heritage, landscape and our green spaces. The NPF states that integrated planning for Green Infrastructure and ecosystem services will be incorporated into the preparation of statutory land use plans. It also refers to the importance of biodiversity and how the planning system will be responsive to our national environmental challenges and ensure that development occurs within environmental limits having regard to the requirements of all relevant environmental legislation. 11.2.5 REGIONAL SPATIAL AND ECONOMIC STRATEGY The Strategy recognises the need to conserve and enhance the biodiversity of our protected habitats and species including landscape and heritage protection, to identify, protect and enhance our Green Infrastructure, to ensure the sustainable management of our natural resources, to build climate resilience, to support the transition to a low carbon economy by 2050 and the protection of the healthy natural environment to ensure clean air and water for all. In line with Regional Policy Objective (RPO) 7.21 of the Eastern and Midland Regional Spatial and Economic Strategy, the Council promotes an ecosystems services approach in the preparation of this County Development Plan. 11.2.6 NATIONAL BIODIVERSITY ACTION PLAN 2017 – 2021 The Plan sets out actions through which a range of government, civil and private sectors will undertake to achieve Ireland’s ‘Vision for Biodiversity’, and follows on from the work of the first and second National Biodiversity Action Plans. The objectives lay out a clear framework for Ireland’s national approach to biodiversity, ensuring that efforts and achievements of the past are built upon, while looking ahead to what can be achieved over the next five years and beyond. 11.2.7 LAOIS BIODIVERSITY ACTION PLAN Laois County Council has developed a suite of Local Biodiversity Action Plans for Abbeyleix, Ballacolla, Cullahill, Emo, Killenard, Mountmellick and Portarlington with funding from Laois Partnership. Each Plan builds on the measures outlined in the National Biodiversity Action Plan. 11.2.7 ALL IRELAND POLLINATOR PLAN One third of our bee species are threatened with extinction from Ireland. This is because we have drastically reduced the amount of food (flowers) and safe nesting sites in our landscapes. The All- Ireland Pollinator Plan is about all of us, from farmers to local authorities, to schools, gardeners and businesses, coming together to try to create an Ireland where pollinators can survive and thrive. The first Plan covers the period 2015-2020 and a new version will be developed to cover 2021- 2025. Each sector have been targeted in the Plan including Councils where key actions have been identified to protect natural wildflower areas, promote pollinator friendly planting and raise awareness of the importance of biodiversity. 11.3 BIODIVERSITY AND CLIMATE CHANGE At the national level, climate change has also become central to Ireland’s National Biodiversity Action Plan which focuses on removing threats and building resilience in Ireland’s ecosystemsto help them adapt to climate change and other threats. Increasing our understanding of the effects of climate change on biodiversity and developing practical ways of mitigating such effects, are critical to limit the damage. Biodiversity can support efforts to reduce the negative effects of climate change. Conserved or restored habitats can remove carbon dioxide from the atmosphere, thus helping to
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.