Offaly County Development Plan 2021–2027 (as varied) — Chapter 11: Water Services and Environment

1. Page 11

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   Offaly County Development Plan 2021-2027 Chapter 11 Water Services and Environment Page 348 Areas for Action (PAA’s) across the country, with the remaining areas the responsibility of the relevant Local Authority. Figure 11.3 below illustrates the PAA’s in County Offaly as set out in the River Basin Management Plan for Ireland 2018-2021. New PAA’s will be defined in subsequent River Basin Management Plans and will be considered under this County Development Plan. Figure 11.3 Priority Areas for Action (PAA’s) in County Offaly Blue Dot Catchments Programme The ‘Blue Dot Catchments Programme’ is a key action under the River Basin Management Plan for Ireland 2018 -2021. The aim of the ‘Blue Dot’ programme is to protect and restore high ecological status to a network of river and lake catchments. Figure 11.4 below illustrates the high status waters in County Offaly. The Council will take a precautionary approach to development which impacts on water quality, and particularly High Status waters, in keeping with the protection objective of the Water Framework Directive.

2. Page 12

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   Offaly County Development Plan 2021-2027 Chapter 11 Water Services and Environment Page 349 Figure 11.4 Riverbody Status 2013-2018 Drinking Water Protected Areas The Water Framework Directive requires the identification of Drinking Water Protected Areas (DWPAs). These are reservoirs, lakes, rivers and the groundwater bodies from which water is abstracted to provide water for people to drink. The Council will seek to protect both ground and surface water resources and will work with Irish Water to develop and implement Drinking Water Safety Plans to protect sources of public water supply and their contributing catchment and will work with the National Federation of Group Water Schemes in respect of Source Protection Plans for Group Water Schemes to protect these sources. Groundwater Protection Scheme and Source Protection Zones The Geological Survey of Ireland has completed a Groundwater Protection Scheme for County Offaly. The overall aim of this scheme is to preserve the quality of groundwater, particularly for drinking purposes, for the benefit of present and future generations. A key component of the Groundwater Protection Scheme is Source Protection Zones, which are delineated around groundwater sources to provide protection by placing tighter controls on activities within those areas (refer to Figure 11.5). Source Protection Zones are derived by integrating source protection areas (areas surrounding individual groundwater sources) and vulnerability categories (refer to Figure 11.6).

3. Page 13

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   Offaly County Development Plan 2021-2027 Chapter 11 Water Services and Environment Page 350 The Council will take a precautionary approach to development in Source Protection Zones. Development proposals which pose a potential risk to groundwater within these zones will be required to demonstrate that no reasonable alternative site is available and that groundwater quality will be protected to the satisfaction of the Council. Policy SSP-27 in Chapter 2 Core Strategy, Settlement Strategy and Housing Strategy addresses residential development within Source Protection Zones in the open countryside. Figure 11.5 Source Protection Zones in County Offaly

4. Page 14

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   Offaly County Development Plan 2021-2027 Chapter 11 Water Services and Environment Page 351 Figure 11.6 Groundwater/Aquifer Vulnerability 11.5.2 Waste Management Eastern-Midlands Regional Waste Management Plan 2015 – 2021 The Eastern-Midlands Regional Waste Management Plan 2015 – 2021 is the framework for the prevention and management of wastes in a safe and sustainable manner. The strategic vision of the regional waste management plan is to rethink our approach to managing wastes, by viewing our waste streams as valuable material resources which can lead to a healthier environment and sustainable commercial opportunities for our economy. In order to achieve this vision, the WMP sets out three specific performance targets which are: • Aim to achieve a 1% reduction per annum in the quantity of household waste generated per capita over the Plan period; • Reduce to 0% the direct disposal of unprocessed residual municipal waste to landfill (from 2016 onwards) in favour of higher value pre-treatment processes and indigenous recovery practices; and • Aim to achieve a recycling rate of 50% of managed municipal waste by 2020. Relevant policies and objectives in the Development Plan can assist in underpinning the objectives of the Regional Waste Management Plan.

5. Page 15

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   Offaly County Development Plan 2021-2027 Chapter 11 Water Services and Environment Page 352 The Circular Economy and Recycling The concept of the Circular Economy is to minimise waste going to landfill and maximise waste as a resource. This means that prevention, preparation for reuse, recycling and recovery are prioritised in that order, over the disposal of waste. A recycling rate of 65% has been proposed by the European Commission for 2030 for the Circular Economy Package. The Council will support circular economy principles, prioritising prevention, reuse, recycling and recovery over the disposal of waste. There are currently 41 Bring Centres in the county which accept bottles, cans and in some cases textiles. There are three civic amenity sites in Offaly in Tullamore, Birr and Edenderry which accept a wide range of domestic materials from the general public. The Council will continue to encourage the provision of recycling infrastructure where it is considered necessary and will assess requirements for recycling facilities on a case by case basis as part of the development management process. The National Waste Collection Permitting Office (NWCPO) is located within Offaly County Council and it processes all waste collection permits for the country. Figure 11.7 The Circular Economy Litter Management The legislation which governs the management of litter is the Litter Pollution Act, 1997 (as amended). As a requirement of the Act, Offaly County Council has produced a Litter Management Plan 2016-2018 which has been extended to 2021 and is responsible for keeping public places in the county clear of litter. The Council has the authority to issue penalties for breaches of the Act and has a duty to raise awareness and educate the public about litter management. The Council has a dedicated Environmental Awareness Officer. Litter management initiatives supported by Offaly County Council include the Green Schools Programme, Tidy Towns Seminars, National Spring Clean, Gum Litter Task Force Campaign, Irish Business Against Litter, Anti-Litter League and local media campaigns. The Council will have regard to and support the implementation of the Litter Management Plan.

6. Page 16

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   Offaly County Development Plan 2021-2027 Chapter 11 Water Services and Environment Page 353 Landfill Clonbullogue Ash Repository is an active inert landfill located in the county. Offaly County Council operated a municipal waste landfill site at Derryclure, Tullamore until October 2012. The landfill ceased the acceptance of waste directly, however the Council still provides a waste and recycling service at this location. In accordance with Section 22(7)(h) of the Waste Management Act 1996 (as amended), historic landfill sites have been identified for the purpose of identifying what, if any, remedial measures are required to be carried out at the sites. The Eastern-Midlands Regional Waste Management Plan 2015-2021 lists the following sites in County Offaly: • Clonbrone, Birr • Surragh, Birr • Ballydaly, Tullamore • Ballydrohid, Tullamore • Ballyvora, Ferbane • Ballybracken Little, Ferbane • Cloncannon, Edenderry • Site adjacent to Cloncannon, Edenderry • Kilbride, Kilcoursey, Clara The Council will comply with legislation pertaining to the risk assessments for these sites and will undertake any subsequent remedial action, which is required to be taken. Construction and Demolition Waste The Council will have regard to and require compliance with the ‘Best Practice Guidelines on the Preparation of Waste Management Plans for Construction and Demolition Projects’, (July 2006) in the management of waste from construction and demolition projects. A Construction and Demolition Waste Management Plan shall be required as part of a planning application in excess of the thresholds set out in Chapter 13 Development Management Standards. Hazardous Waste Hazardous waste is generated by every sector of society and is for the most part managed by authorised operators. The Council will have regard to the Environmental Protection Agency’s National Hazardous Waste Management Plan 2014-2020, and subsequent plans, which takes into account progress that has been made since the previous plan and the waste policy and legislative changes that have also occurred and includes an objective regarding self-sufficiency in managing hazardous waste.

7. Page 17

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   Offaly County Development Plan 2021-2027 Chapter 11 Water Services and Environment Page 354 Construction and Environmental Management Plan Construction Environment Management Plans (CEMPs) shall be prepared for larger scale projects and this requirement shall be assessed on a case by case basis as part of the development management process. Such plans shall incorporate relevant mitigation measures contained in any accompanying Environmental Impact Assessment Report or Appropriate Assessment and in this Development Plan. CEMPs shall typically provide details of intended construction practice for the proposed development, including where applicable: • Location and details of site compounds, refuse storage areas, construction site offices and staff facilities, site security fencing and hoardings, on-site staff car parking; • Details of construction traffic - timing and routing, directional signage, measures to obviate queuing, alternative arrangements for pedestrians and vehicles, and measures to prevent the spillage or deposit of clay, rubble or other debris; • Details of appropriate mitigation measures for noise, dust and vibration, and monitoring of such levels; • Containment of all construction-related fuel and oil within specially constructed bunds to ensure that fuel spillages are fully contained; such bunds shall be roofed to exclude rainwater; • Disposal of construction/demolition waste and details of how it is proposed to manage excavated soil, including compliance with 2006 Best Practice Guidelines on the Preparation of Waste Management Plans for Construction and Demolition Projects, Department of the Environment; • A water and sediment management plan, providing for means to ensure that surface water runoff is controlled such that no silt or other pollutants enter local water courses or drains; • Details of a water quality monitoring and sampling plan; • If peat is encountered - a peat storage, handling and reinstatement management plan; • Measures adopted during construction to prevent the spread of invasive species (such as Japanese Knotweed); • Appointment of an ecological clerk of works at site investigation, preparation and construction phases; and • Details of appropriate mitigation measures for lighting specifically designed to minimise impacts to biodiversity, including bats. 11.5.3 Soil Protection, Contamination and Remediation Offaly County Council require that all undeveloped, contaminated sites be remediated to internationally accepted standards prior to redevelopment (i.e. brownfield development). Treatment/management of any contaminated material shall comply as appropriate with the Waste Management Act 1996 (as amended) (waste licence, waste facility permit), and the Environmental

8. Page 18

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   Offaly County Development Plan 2021-2027 Chapter 11 Water Services and Environment Page 355 Protection Act 1992 (as amended) (Industrial Emissions licensing, in particular the First Schedule, Class 11 Waste). These measures will ensure that contaminated material will be managed in a manner that removes any risk to human health and ensures that the end use will be compatible with any risk. 11.5.4 Radon Offlay County Council will seek to ensure the implementation of the specific guidance on radon prevention measures for new homes as contained within the existing Building Regulations (including any updated/superseding regulations that may be published within the lifetime of this Plan). 11.5.5 Major Accident Directive – Seveso III Directive The Major Accidents Directive (2012/18/EU), also known as the Seveso III Directive, was transposed into Irish legislation through the Chemicals Act (Control of Major Accident Hazards involving Dangerous Substances) Regulations 2015 (S.I. No. 209 of 2015) (the “COMAH Regulations”). The Directive and Regulations aims to prevent major accident hazards involving dangerous substances and chemicals and the limitation of their consequences for people and the environment. Table 11.3 lists the Seveso III establishments in County Offaly. Table 11.3 Seveso III Establishments in County Offaly (Source: Health and Safety Authority, August 2019) Establishment Name Establishment Address Synergy Health Ireland Ltd. IDA Business and Technology Park, Tullamore, County Offaly William Grant and Sons Irish Manufacturing Ballard and Clonminch, Tullamore, County Offaly The Directive provides that appropriate consultation distances 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. One of the requirements of S.I. No. 209 of 2015 is that the Health and Safety Authority shall advise the Planning Authority of a consultation distance for a SEVESO III establishment, following the receipt of a notification from the operator, and shall periodically review and update the consultation distance as necessary. The Health and Safety Authority provides advice, where appropriate, in respect of planning applications within the consultation distance of these sites. The document, entitled ‘Policy and Approach of the Health and Safety Authority to COMAH Risk-based Land-use Planning’, sets out the policy approach of the Health and Safety Authority to land use planning and these sites. 11.5.6 Air Quality Air pollution can negatively affect human health and eco-systems. EU Directives set out air quality standards in Ireland and other member states for a wide variety of pollutants. The Environmental Protection Agency (EPA) is responsible for monitoring air quality in Ireland. The EPA’s Air Quality Index for Health describes air quality in the Offaly region as ‘Good’.

9. Page 19

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   Offaly County Development Plan 2021-2027 Chapter 11 Water Services and Environment Page 356 The policy approach of the Council is to integrate land use planning and transport and promote measures which seek a reduction in fossil fuel based energy sources to reduce air pollution, particularly targeting emissions from vehicles and home heating. Local authorities, through the planning system, can also help minimise the adverse effects of air pollution associated with the construction and operational phases of projects through conditions attached to planning permissions. 11.5.7 Noise Offaly County Council has prepared a Noise Action Plan 2018-2023 in accordance with the requirements of the Environmental Noise Regulations 2006. The purpose of the Noise Action 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. The Council seeks to promote the pro-active management of noise where it is likely to have significant adverse impacts on health and quality of life. 11.5.8 Light Pollution While adequate lighting is essential to a safe and secure environment, inappropriate or excessive use of artificial light can be harmful to wildlife and human health and impact on residential amenity. Light pollution can refer to skyglow (the brightening of the night sky over urban areas), light trespass (where light falls where it is not intended) or light glare (where light is excessively bright). Urban and rural locations can suffer equally from this problem. Lighting columns and other fixtures can also have a significant effect on the appearance of buildings and the environment. Where lighting proposals require planning permission, the Planning Authority will ensure that they are carefully and sensitively designed. Lighting fixtures should provide only the amount of light necessary for the task in hand and control the emission of light so as to avoid light trespass and glare.

10. Page 20

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    Offaly County Development Plan 2021-2027 Chapter 11 Water Services and Environment Page 357 11.6 Environment Policies Water Quality ENVP-01 It is Council policy to ensure that the Water Framework Directive, the River Basin Management Plan and any subsequent Water Management Plans are fully considered throughout the planning process. ENVP-02 It is Council policy to manage, protect and enhance surface water and ground water quality to meet the requirements of the Water Framework Directive. ENVP-03 It is Council policy to support the implementation of the Water Framework Directive, the River Basin Management Plan and the Local Authority Waters Programme in achieving and maintaining at least good environmental status for all water bodies in the county. Development proposals shall not have an unacceptable impact on the water environment, including surface waters, groundwater quality and quantity, river corridors and associated woodlands. ENVP-04 It is Council policy that in assessing applications for developments, that consideration is had to the impact on the quality of surface waters having regard to targets and measures set out in the River Basin Management Plan, and any subsequent local or regional plans. ENVP-05 It is Council policy that all proposed development which may have an impact on a high status water quality site will require site specific assessment to determine localised pressures and demonstrate suitable mitigation measures in order to protect these sites. ENVP-06 It is Council policy to promote and comply with the environmental standards and objectives established for: (i) Bodies of surface water, by the European Communities (Surface Waters) Regulations 2009, made to give effect to the measures needed to achieve the environmental objectives established for bodies of surface water by the European Water Framework Directive; and (ii) Groundwater, by the European Communities (Groundwater) Regulations 2010, made to give effect to the measures needed to achieve the environmental objectives established for groundwater by the European Water Framework and Groundwater Directives, for which standards and objectives are included in the River Basin Management Plan. ENVP-07 It is Council policy to protect groundwater sources through the implementation of the Groundwater Protection Scheme and Source Protection Zones. Development proposals within these zones which have the potential to pose a risk to groundwater will be required to demonstrate that no reasonable alternative site is available and that groundwater quality will be protected to the satisfaction of the Council. ENVP-08 It is Council policy to encourage the use of catchment-sensitive farming practices, in order to meet Water Framework Directive targets and comply with the River Basin Management Plan. ENVP-09 It is Council policy to facilitate the provision of adequate waste recovery and disposal facilities for the county.

Source Offaly County Council: Offaly County Development Plan 2021–2027 (as varied) — Chapter 11: Water Services and Environment (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.