Development plan · Tipperary County Council
Tipperary County Development Plan 2022–2028
The council's development plan written statement: its strategy, policies, objectives and development standards. Variations adopted since are not in this text.
Tipperary County Council · 2022–2028 · 226 pages
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- TIPPERARY COUNTY DEVELOPMENT PLAN 2022 – 2028 VOLUME 1 162 2. To strengthen the knowledge base for conservation, management and sustainable use of biodiversity, 3. To increase awareness and appreciation of biodiversity and ecosystems, 4. To conserve and restore biodiversity and ecosystems in the countryside, 5. To expand, and improve management, of protected areas and species, including control of invasive species, and, 6. To strengthen governance for biodiversity and ecosystem services. There is a strong link between natural systems and climate change, and biodiversity can reduce the negative effects of climate change by carbon storage i.e. in peatlands, forestry and other green assets. This link can be supported the wider adoption of conservation and sustainable land-use practices, including the strengthening of protected area networks and green and blue Infrastructure assets. In addition, a changing climate can result in negative impacts on biodiversity, and adaptation must also be a consideration in land-use planning. At national level, biodiversity policy is set out in the National Biodiversity Action Plan 2017-2021 (NBAP, 2017) which identifies habitat degradation, climate change and spread of invasive alien species as significant factors negatively impacting on biodiversity in Ireland today. In line with national policy, and as a member of the ‘All Ireland Pollinator Plan’, the Council will seek to integrate the protection and enhancement of biodiversity with sustainable economic and social development. New public and private sector developments will be required to demonstrate adherence to this principle through compliance with the development management standards set out in Volume 3. It is an objective of the Council to prepare a ‘Heritage and Biodiversity Strategy’ and a ‘Pollinator Action Plan’ to support and guide new development in Tipperary. Trees and hedgerows are important components of the local landscape/ townscape. The protection and support of existing trees and hedgerows will be a consideration in the assessment of development proposals by the planning authority. Where trees or hedgerows are of particular local value, the Council may seek their retention, or where retention is not feasible, their replacement and will seek a proactive focus on new tree-planting as part of new development. The concept of ‘Urban Greening’ is dealt with in detail in Chapter 7 Town centres and Placemaking, and the role of Green and Blue Infrastructure is set out in Chapter 14. 11.3 Conservation and Protection of Sites The Habitats Directive, together with the Birds Directive, provides for the conservation and protection of sites which host natural habitats and species that are rare, threatened or vulnerable. These areas are collectively known as ‘European Sites’ sites and encompass Special Areas of Conservation (SACs) and Special Protection Areas (SPAs).
- TIPPERARY COUNTY DEVELOPMENT PLAN 2022 – 2028 VOLUME 1 163 Tipperary’s Natural Heritage Areas (NHAs) and proposed NHAs are sites designated under the Wildlife Act 2000 (as amended). These are sites that are of national importance, intended to conserve nationally important sites that support a range of habitats, plant and animal species and, in some cases, geological features. The county also has many areas designated as European Sites and NHAs and proposed NHAs, including the Suir River Corridor, Lough Derg and Silevefelim - Silvermines Mountains. A full list of designated sites may be obtained from the National Parks and Wildlife Service (NPWS) website53 and on the Council Public Planning Enquiry System54. Non-Designated Sites There are also many sites throughout the county that host important plant and animal species or their habitats, including protected Annex I habitats, Annex I birds and Annex II species, which are not designated as a European Site or NHA, these include wet woodlands, marsh, springs, fen, swamp, reedbeds etc. These are important ecological assets and corridors, contributing to biodiversity and climate action, and their protection is advocated in Article 10 of the Habitats Directive and Section 10(2)(a) of the Planning Act, as follows: “the encouragement, pursuant to Article 10 of the Habitats Directive, of the management of features of the landscape, such as traditional field boundaries, important for the ecological coherence of the Natura 2000 network and essential for the migration, dispersal and genetic exchange of wild species” Wetlands include watercourses and water bodies as well as other habitats types such as marshes, fens, reed beds, bogs and wet woodlands. These habitats tend to have high biodiversity value, as well as serving other essential services relating to the protection of water quality, flood protection, carbon capture and climate mitigation. While many protected areas include wetlands, most wetland areas occur outside protected sites. Work or development which involves the drainage or reclamation of a wetland requires planning permission where the wetland is greater than 0.1ha and is subject to mandatory EIA where the wetland is greater than 2ha. The Council intends to undertake a survey of non-designated wetlands, as defined by the Ramsar Convention (2010) over the lifetime of the Plan. Summary The main threats and pressures on the natural environment including habitats and species, are from works associated with development including agriculture, forestry and fisheries, natural system modifications (including drainage), tourism, mining and quarrying (including peat extraction) and issues such as climate change, pollution, and invasive and problematic species. Habitat loss is also recognised as an ongoing pressure. Proposals for new development will be required to demonstrate adequate mitigation of potential environmental effects, including ensuring provision of infrastructure 53 https://www.npws.ie/protected-sites/nha 54 www.tipperarycoco.ie
- TIPPERARY COUNTY DEVELOPMENT PLAN 2022 – 2028 VOLUME 1 164 with adequate capacity and performance. The Council, in accordance with the Core Strategy objective of the Plan will seek to ensure the protection the natural habitats and species as part of the management of new development, and through its enforcement procedures. 11.4 Water Quality and Protection The protection of water quality and water supply is a critical aspect for our society and for the ecological health of the county. Water quality and management must be balanced with a plan for economic prosperity and consider the pressures arising from climate change. The Council has an important role to play in the protection, maintenance, and improvement of water quality through the planning and management of future development. 11.4.1 Water Framework Directive The Water Framework Directive 2000/6/EC (WFD) addresses the protection of water quality in a holistic way, addressing all waters – rivers, streams, lakes, wetlands and groundwater, and the immediate area adjoining them or ‘Riparian Zones’. The WFD requires the status of water bodies to be classified as high, good, moderate, poor or bad and the status is defined with respect to biology, chemistry, quality and morphology. River Basin Management Plans were established to implement the directive in an integrated manner, and to achieve targets set out in the WFD. The WFD, with respect to surface water and groundwater resources, is given effect by: a) The European Communities (Surface Waters) Regulations 2009 (as amended) b) The European Communities (Groundwater) Regulations 2010; The European Union (Good Agricultural Practice for the Protection of Waters) Regulations, 2014 gives effect to the Nitrates Action Programme, and are designed to prevent pollution of waters from agricultural sources and to protect and improve water quality. In considering applications for development, the Council will seek to ensure that surface and ground waters are protected and will seek measures, to improve the integrity of such water sources. ‘Ground Water Protection Schemes’ and ‘Zones of Contribution’ which contribute to public water supplies identify key aquifers and groundwater resources, and will be applied by the Council in assessing the impacts of new development on receiving waters. There are a number of sensitive fisheries in Tipperary, the Council will provide for the sustainable development of fisheries, where this is following the Habitats and Birds Directives and other ecological protection objectives.
- TIPPERARY COUNTY DEVELOPMENT PLAN 2022 – 2028 VOLUME 1 165 11.4.2 Integrated River Basin Management River basin management planning is an integrated approach to the protection, improvement and sustainable management of the water environment. The River Basin Management Plan (RBMP) for Ireland 2018 – 2021 (DHLGH) sets out actions for how water quality will be improved though the engagement of stakeholders under the leadership of Water Forum (An Fóram Uisce), and the Local Authority Waters Programme (LAWPRO). Key measures of the RBMP include: 1. Investment by Irish Water in waste-water projects, programmes and maintenance. 2. Local authority investigative teams working in ‘Areas for Action’. 3. A collaborative Sustainability and Advisory Support Programme for the dairy industry, promoting agricultural best practice in ‘Areas for Action’. 4. Improved controls for the management of water abstractions. 5. A “Blue Dot Catchments Programme” for the protection of high-status waters. 6. Grant scheme for repairs, upgrade and replacement of domestic waste-water treatment systems, with priority given to high-status catchments. 7. Community Water Development Fund to support community water initiatives; and protection of drinking water sources. LAWPRO works with local authorities and State agencies for the development and implementation of RBMPs in Ireland. The programme is jointly managed by Tipperary and Kilkenny County Councils. The Council will support, through the work of LAWPRO and this Plan, the achievement and maintenance of ‘at least good’ status for all water bodies by: • Protection of water quality though the development management processes. • Supporting the objectives of the RBMP (and any review thereof) and the specific local objectives as they relate to Tipperary such as the protection of ‘Blue Dot Catchments’. • Supporting Investment in flood risk management, including for natural water retention measures and sustainable urban drainage measures. • Support of projects to enhance biodiversity and habitats. • Support education and awareness programmes i.e. through membership of the All-Ireland Pollinators Plan, Tidy Towns, Green Schools etc. The Council recognises the importance of supporting an integrated and collaborative approach to local catchment management to assist in the effective implementation of the RBMP (and any review thereof) and will support the activities of LAWPRO in rolling out the Local Authorities Waters Programme.
- TIPPERARY COUNTY DEVELOPMENT PLAN 2022 – 2028 VOLUME 1 166 11.4.4 Peatlands Tipperary’s upland and low-land peatlands are identified in the County Landscape Character Assessment set out in Volume 3. These are unique habitats in a European context, and there are a number of sites in Tipperary which have been designated SACs. Peatlands have a significant role to play in carbon storage, biodiversity, and in some cases may offer synergies with tourism and amenity projects, for example the proposed ‘Tipperary Bush Craft Survival and Activity Park’ (A tourism objective of ‘Transforming Tipperary’, see Chapter 9). The National Peatlands Strategy (DAHG, 2015), sets out objectives for bogs and peatlands so that they may be managed responsibly in order to optimise their social, environmental and economic contribution to society. In line with the provisions of Chapter 3 Low Carbon Society and Climate Action, the Council will support the diversification of peatlands, for example the sustainable development of renewable energy, and or tourism related facilities, whilst ensuring the conservation of their ecological, archaeological, cultural and educational significance in line with the National Peatlands Strategy (DAHG 2015) and any review thereof. The Council will support projects which assist the transition of the industrial peatlands to sustainable after uses. Where new development is proposed on areas of peatland, the Council may request the landowner to support a Master Plan for the entire peatland area in their ownership. 11.5 Flood Risk Management 11.5.1 Flood Risk Data The most significant water bodies in Tipperary are the Rivers Shannon and Suir, forming the core of a network of water bodies. The control of flooding, in the face of climate change, is a key land-use management issue and collective responsibility for everyone. The EU Directive on the Assessment and Management of Flood Risks, often referred to as the ‘Floods Directive’ requires management of flood risk on a RBMP basis, and having consideration to national water retention measures. The OPW manages relevant data, available on www.floodinfo.ie55 including, and not limited to Past Flood Events, Predictive Flood Risk Maps, and Arterial Drainage Schemes etc. The Council is committed to supporting and implementing, in co-operation with the OPW, the requirements of the ‘Flood Directive’, the Flood Risk Regulations (2010) and the provisions of The Planning System and Flood Risk Management Guidelines (DEHLG and OPW, 2009) and Circular PL2/2014. This Plan has been subject to a SFRA (Volume 5), having 55 Supported by Geological Survey Ireland and the Groundwater and Geothermal Unit
- TIPPERARY COUNTY DEVELOPMENT PLAN 2022 – 2028 VOLUME 1 167 consideration to available and relevant data. A ‘Constrained Land Use’ approach was applied to land use zoning as set out within Volume 2 of this Plan. 11.5.2 Assessing Flood Risk In accordance with the Planning System and Flood Risk Management Guidelines for Planning Authorities, (DEHLG 2009), the Council will adopt a precautionary approach to flood risk management, and will seek to avoid inappropriate development in all areas at risk of flooding56. In this respect, the Council will have regard to planning applications within Flood Risk Zones A and B57 as outlined in OPW predictive flood mapping (and any review thereof). A ‘Constrained Land Use’ approach was applied to land use zoning as set out within Volume 2 of this Plan. Applicants should, and may be requested to, consider a ‘Staged Approach’ to individual site assessment in line with Section 2.21 of the Guidelines in support of development. Where proposals for new development are located in flood Zones A and B, the applicant should consider a site outside of the flood zones, or may be required to submit a flood risk assessment to demonstrate that the development complies with the ‘Justification Test’ set out in the Guidelines. Flood risk assessments submitted shall consider climate change impacts and adaptation measures, including details of structural and non-structural flood risk management measures, such as those relating to floor levels, internal layout, flood-resistant construction, flood-resilient construction, emergency response planning and access and egress during flood events. These structural and non-structural flood risk management measures are further addressed in Volume 3 Development Management Standards. In Flood Zone C, where the probability of flooding is low (less than 0.1%, Flood Zone C), site-specific flood risk assessment may be required, and the developer should satisfy themselves that the probability of flooding is appropriate to the development being proposed. The Plan SFRA datasets and the most up to date Catchment Flood Risk Assessment and Management (CFRAM) Programme climate scenario mapping should be consulted by prospective applicants for developments in this regard. SFRAs and site-specific flood risk assessment shall provide information on the implications of climate change with regard to flood risk in relevant locations. The 2009 OPW Draft Guidance on Assessment of Potential Future Scenarios for Flood Risk Management (or any superseding document) shall be consulted with to this effect. Applications for development on land identified as 56 Flood hazard mapping and flood risk information as set out in this Plan may be subject to change over the lifetime of the Plan in light of further analysis, and having consideration to the potential impacts of climate change. Therefore, all landowners, users and developers are advised by the Council to take all reasonable measures to assess the vulnerability to flooding of any development or property in a particular area at all times, and prior to submitting a planning application. 57 Flood Zone A – where the probability of flooding from rivers and the sea is highest (greater than 1% or 1 in 100 for river flooding or 0.5% or 1 in 200 for coastal flooding); Flood Zone B – where the probability of flooding from rivers and the sea 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)
- TIPPERARY COUNTY DEVELOPMENT PLAN 2022 – 2028 VOLUME 1 168 ‘Benefitting Land’ may be prone to flooding, and as such site-specific flood risk assessments may also be required in these areas. The Council will also, through both public and private sector development, and in collaboration with the OPW, seek opportunities to enhance biodiversity and amenity, and to ensure the protection of environmentally sensitive sites and habitats, through methods such as nature-based SUDS (refer to Chapter 15 Water and Energy Utilities), non-porous surfacing etc in new development to minimise the risk of flooding. 11.5.3 Climate Change and Flooding The Planning System and Flood Risk Management Guidelines for Planning Authorities and Technical Appendices (DEHLG 2009), recommends that a ‘Precautionary Approach’ to climate change is adopted due to the level of uncertainty involved in potential effects. In contributing towards compliance with the Guidelines, climate change scenario mapping has been considered as part of the Plan SFRA. The Plan requires that SFRA mapping, and the most up to date CFRAM Programme climate scenario mapping is consulted by prospective applicants for developments, and that it is made available to lower-tier development management processes in the Council. Chapter 11.5.2 Assessing Flood Risk of this Plan requires that: • Flood risk assessments submitted shall consider climate change impacts, • CFRAM programme climate scenario mapping should be consulted by prospective applicants for developments; and, • SFRAs and site-specific flood risk assessment shall provide information on the implications of climate change with regard to flood risk in relevant locations. 11.5.3 Arterial Drainage Schemes and Drainage Districts There are a number of Arterial Drainage Schemes and Drainage Districts in Tipperary. Under the Arterial Drainage Acts, 1945 and 1995, construction and alteration of watercourses, bridges, weirs and embankments require the prior consent of the OPW. These legal requirements mainly serve to ensure that proposed construction and alteration projects do not increase the risk of flooding or have a negative impact on drainage of land. The Council will have consideration to developments proposed in Arterial Drainage Schemes and Drainage Districts and the impact a new development may have on these areas. 11.6 Mineral Deposits and Geology An audit of Tipperary’s extensive and diverse geological heritage sites was completed in 2019, and supported by the
- TIPPERARY COUNTY DEVELOPMENT PLAN 2022 – 2028 VOLUME 1 169 Geological Survey Ireland, the Council and the Heritage Council. The list of Geological Heritage Sites is set out in the ‘Geological Heritage of County Tipperary’ (Geological Survey Ireland/Tipperary County Council, 2019) with corresponding individual site reports for the geological features set out in the audit58. The audit was a consideration in the SEA process underpinning the Plan, and should be read in conjunction with the County Landscape Character Assessment 2016 (Volume 3). The Council recognises that Geological/Geomorphological Sites and Areas are an intrinsic component of natural heritage, to be protected and promoted for their heritage value and for recreational and geo-tourism initiatives. 11.7 Landscape Tipperary is well known for its dramatic and diverse landscapes, ranging from the rich ‘Golden Vale’, to the dramatic Galtee Mountains and to the scenic Lough Derg Lakelands. Landscape Character Assessment (LCA) has been prepared to describe, map and classify landscapes and support an understanding of their value and importance, and their capacity for change. The LCA establishes a basis for the protection, management and planning of landscapes having regard to those features that give Tipperary its unique ‘sense of place’. Certain landscapes may be significant as a result of their associations with archaeology and human influence, the significance of these ‘archaeological landscapes’ in Tipperary are further addressed in Chapter 13 Built Heritage. A key output of the LCA was the identification of the four ‘Landscape Character Types’ and within those types, 23 distinctive and carefully described ‘Landscape Character Areas’. New development proposed within those LCAs will be required to integrate with the character, sensitivity and value of the area in accordance with the LCA. The landscape character areas are described in the LCA set out in Volume 3, Appendix 3. 11.7.1 Primary and Secondary Amenity Areas Having consideration to the LCA and the overriding objectives of the Plan, the Council has designated ‘Primary’ and ‘Secondary’ amenity areas (Figure 11.1), which include, amongst others, Lough Derg and the Glen of Aherlow/Galtee Mountains. These areas are particularly notable by virtue of their scenic and visual quality and offer significant opportunities for tourism development and rural recreational activities. The Council will seek to ensure that a balance is achieved between the protection of sensitive landscapes and the appropriate socio-economic development of these areas. In this respect, development proposals will be required to demonstrate that they integrate and respect the visual quality of the amenity area. 58 https://www.gsi.ie/en-ie/publications/Pages/The-geological-heritage-of-Tipperary.aspx
- TIPPERARY COUNTY DEVELOPMENT PLAN 2022 – 2028 VOLUME 1 170 11.7.2 Scenic Routes and Views The Council has designated a series of scenic views and routes in the county, which include views of key heritage sites, and inter-county scenic tourism routes. In assessing new development, consideration will be given to ensuring that views are not obstructed or significantly altered, and that the visual impact of new development be minimised by careful design and siting. Views and routes are outlined in the LCA, Volume 3 and illustrated in Figure 11.1. The Council may request the submission of a Visual Impact Statement (VIS) at application stage to ascertain the extent of the visual impact that may arise as a result of new development.
- TIPPERARY COUNTY DEVELOPMENT PLAN 2022 – 2028 VOLUME 1 171 Figure 11.1: Primary and Secondary Amenity Areas and Views and Scenic Routes
Source Tipperary County Council: Tipperary County Development Plan 2022–2028 (2022–2028) · 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.