Waterford City and County Development Plan 2022–2028 — Chapter 9

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   Climate Action, Biodiversity & Environment Chapter 9 Sustainable Compact Growth Climate Action Heritage Infrastructure

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   WATERFORD CITY & COUNTY DEVELOPMENT PLAN 2022 – 2028245 Regulatory Framework and Decision-Making Policy Objectives ENV 01 Through implementation of the Development Plan we will ccumulatively contribute towards – in combination with other users and bodies – the achievement of the objectives of the regulatory framework for environmental protection and management, including compliance with EU Directives - including the Habitats Directive (92/43/EEC, as amended), the Water Framework Directive(2000/60/EC), the Birds Directive (2009/147/EC), the Environmental Impact Assessment Directive (2011/92/EU, as amended by 2014/52/EC) and the Strategic Environmental Assessment Directive (2001/42/EC) – and relevant transposing Regulations. Chapter 9: Climate Action, Biodiversity & Environment Strategic Objectives Integrate climate change and adaptation considerations into land-use policy objectives and decision-making processes to enhance our resilience to the effects of Climate Change and reducing our carbon footprint. We will protect, manage, and enhance the natural heritage, biodiversity, landscape and environment of Waterford City and County in recognition of its importance as a non-renewable resource, providing a unique identity and character for the City and County as a natural resource asset. 9.0 Introduction A Climate Change and Biodiversity Loss Emergency was declared by the Government in May 2019 following publication of a report by the Intergovernmental Panel on Biodiversity and Ecosystem Service on the state of the world’s biodiversity and ecosystem services. This report starkly detailed an unprecedented and dangerous decline in nature, accelerating rates of species extinction, an insufficient global response and the need for transformative change to restore and protect nature. The State of the Environment Report (EPA 2020) presents trends and indicators of a declining environmental quality for Ireland. Ecological status for habitats and species and water quality are under threat from a range of development pressures and land management practices whilst climate change impacts are presenting increased intensity and frequency of storm events, increased periods of flooding and drought and rising sea level. A coastal county such as Waterford is at risk from climate change events; climate adaptation measures and nature-based solutions are required to be inherent to all future land use planning and development proposals.

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   WATERFORD CITY & COUNTY DEVELOPMENT PLAN 2022 – 2028246 Regulatory Framework and Decision-Making Policy Objectives ENV 02 Lower levels of decision making, and environmental assessment shall consider the sensitivities identified in the SEA Environmental Report that accompanies the Plan, including the following: • Special Areas of Conservation and Special Protection Areas. • Features of the landscape that provide linkages/connectivity to designated sites (e.g. watercourses, areas of semi-natural habitat such as linear woodlands etc). • Natural Heritage Areas and proposed Natural Heritage Areas. • Areas likely to contain a habitat listed in Annex 1 of the Habitats Directive. • Entries to the Record of Monuments. • Entries to the Record of Protected Structures. • Architectural Conservation Areas; and, • Landscape/amenity designations. ENV 03 The Council shall, in conjunction with the Regional Assembly and other sources as relevant, implement the monitoring programme as set out in the SEA Environmental Report and Statement. This will include the preparation of stand-alone SEA Monitoring Reports on the significant environmental effects of implementing the Plan, in advance of the beginning of the review of the next Plan. 1. To accompany the report required of the manager under Section 15(2) of the Planning and Development Act (as amended), including information in relation to progress on, and the results of, monitoring the significant environmental effects of implementation of the Development Plan. On the significant environmental effects of implementing the Plan, in advance of the beginning of the review of the next Plan. 9.1 Climate Change In 2021 the Government published the Climate Action and Low Carbon Development (Amendment) Act which commits a move to a climate resilient and climate neutral economy by 2050. The Program for Government commits to a 7% average yearly reduction in overall greenhouse gas emissions over the next decade, and to achieving net zero emissions by 2050. The Bill brings in a system of 5-year economy-wide carbon budgets, which will outline a ceiling for total greenhouse gas emissions. These will be prepared by the Climate Change Advisory Council and presented to Government to consider and approve, with input from the Oireachtas. The Bill includes the following key elements: • Establishes a 2050 emissions target • Introduces system of successive 5-year, economy-wide carbon budgets starting in 2021 • Strengthens the role of the Climate Change Advisory Council in proposing carbon budgets • Introduces a requirement to annually revise the Climate Action Plan and prepare a National Long-Term Climate Action Strategy at least every decade • Introduces a requirement for all Local Authorities to prepare individual Climate Action Plans which will include both mitigation and adaptation measures Waterford City and County Council published its Climate Adaption Strategy in 2019 which seeks to implement best practices and incorporate solutions that will meet climate change adaptation requirements and service the needs of the communities. It should be noted that Climate Change is a cross cutting theme evident throughout all chapters of the Development Plan and as such reference should be made to the relevant policy objectives identified throughout this document.

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   WATERFORD CITY & COUNTY DEVELOPMENT PLAN 2022 – 2028247 Regulatory Framework and Climate Change Policy Objectives CA 01 To support and implement the policies of the Waterford Climate Adaptation Strategy in collaboration with Waterford Climate Action Team the Climate Action Regional Office (CARO), and review/replace the strategy pursuant to the provisions of the Climate Action Plan 2021 and Low Carbon Development Act. We will vary the Development Plan as necessary following the review/ replacement of the strategy.

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   WATERFORD CITY & COUNTY DEVELOPMENT PLAN 2022 – 2028248 9.2 Flood Management Flooding is a natural process that can happen at any time in a wide variety of locations and plays a role in shaping the natural environment. Flooding from the sea and from rivers is probably best known but prolonged and intense rainfall can also cause sewer flooding, overland flow and flooding from groundwater. Where it impacts on human activities, it can threaten people, their property and the environment. Of increasing concern are the consequences of climate change which are impacting on sea levels, the nature and pattern of rainfall events and general weather patterns. While the exact impacts of change are not known, it is widely agreed that climate change will result in higher risk of flooding of both inland and coastal locations. A number of policy objectives relating to how we improve our management of storm water and the impacts of flooding have been set out in Chapter 6. The following additional policies apply: Flood Management Policy Objectives FM 01 Waterford City & Council will work with the OPW, LAWPRO and other agencies at a catchmentlevel to identify any measures, such as natural water retention measures, that can have benefits for, water quality, flood risk management and biodiversity objectives. FM 02 Waterford City & Council will protect floodplains of river catchments in the County and retain them for their flood protection and natural heritage values.

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   WATERFORD CITY & COUNTY DEVELOPMENT PLAN 2022 – 2028249 9.3 Water Quality Waterford City and County is heavily dependent on groundwater for its water supply. At present, groundwater is extracted as a source of public water supply for the majority of the city and county population. Due to the fact that over large areas of the County the depth to bedrock is less than 3 metres, the continued preservation of the quality of the groundwater in these areas is essential to sustaining communities. The Geological Survey of Ireland (GSI) compiled the Groundwater Protection Scheme for County Waterford which identified the main sources for groundwater within the County and the vulnerability of such resources to environmental pollution. An effective on-site wastewater system requires regular maintenance and must be properly located in a setting that will not give rise to hydraulic issues or groundwater pollution. All proposals for development that entail the discharge of wastewater to ground will be discouraged and will be required to comply with the EPA Code of Practice for domestic wastewater treatment systems.The Council will use statutory powers under relevant planning and environmental legislation to protect groundwater, including planning and environmental impact assessments, integrated pollution control and /or water pollution legislation in balancing the need for development with the need to protect the environment. The Ground Water (Amendment) Regulations (2016) provide for clear environmental objectives and groundwater quality standards to strengthen the regime for the protection of groundwater

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   WATERFORD CITY & COUNTY DEVELOPMENT PLAN 2022 – 2028250 9.4 Compliance with the EU and national legislation and guidance on water quality. Development proposals will be evaluated to assess their compliance with standards and legal requirements of the following where they apply. • Water Framework Directive (2000) and the River Basin District Management Plan 2022-2027. • EPA Code of Practice: Domestic Wastewater Treatment Systems (PE ≤ 10) (2021). • Surface Water Regulations (2009) • Ground Water (Amendment) Regulations (2016) • Wastewater Discharge Regulations (2001 as amended) • Urban Wastewater Treatment Regulations (2004) • Bathing Water Regulations (2008) • Quality of Shellfish Waters (2006) • Guidelines for the incorporation of the Water Framework Directive into the Planning System 2022. European and Irish legislation continue to place a strong emphasis on achieving a high standard of water quality. The Water Framework Directive, which was adopted in 2000, required that “good status” is achieved in all water bodies by 2027. The eutrophication of rivers, lakes and tidal waters is one of the main threats to surface waters with agricultural runoff and municipal discharges being the key contributors. The Wastewater Discharge (Authorisation) Regulations 2007 came into effect in 2007 and has placed increased obligations on Water Services Authorities relating to the licensing of discharges from wastewater treatment plants, facilitating greater implementation of the Water Framework Directive and other relevant EU Directives. The licensing system which is regulated by the Environmental Protection Agency (EPA) and sets strict limits on discharges allowed from these plants into our surface waters such as rivers, canals, lakes, coastal waters, and groundwater. Under the Water Framework Directive a managment plan must be prepared for all River Basin Districts (RBDs). The third RBDMP plan was published in 2022 and outlines the current status of our waters, environmental objectives for our waters, and the programme of measures which may be necessary in order to achieve these objectives. The EU Nitrates Directive (91/676/ECC) requires member states to take specific measures to protect surface water and groundwater from nitrate contamination from agricultural activities. A Farm Waste Management Scheme introduced in 2006 provided grants to farmers to meet their slurry storage requirements and it is now the responsibility of individual farmers to ensure that they are compliant with the Good Agricultural Practice Regulations. The fourth review of the Nitrates Action Plan and Nitrates Regulations were signed into law in 2018 designed to prevent pollution of surface waters and ground waters from agricultural sources and to protect and improve water quality. The European Communities (Good Agricultural Practice for Protection of Waters) Regulations 2020 revise and replace the previous Regulations made in 2018. They provide for strengthened enforcement provisions and for better farmyard management. A fifth review of the Nitrates Action Plan took place in 2022 and will inform the European Communities (Good Agricultural Practice for Protection of Waters) Regulations 2020 providing for strengthened enforcement provisions and for better farmyard management in order to prevent pollution of surface waters and ground waters from agricultural sources and to protect and improve water quality.

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   WATERFORD CITY & COUNTY DEVELOPMENT PLAN 2022 – 2028251 Figure 9.1 High Status Objective Waterbodies 9.5 Bathing Water Quality Bathing Water Quality Regulations were made in 2008 transposing the EU Bathing Water Directive of 2006 into Irish law. Beaches at Ardmore, Clonea, Tramore and the two strands in Dunmore East have maintained Blue Flag status.© Ordnance Survey Ireland, © Ordnance Survey Ireland 2017 Legend City and County Boundary HSORivers HSOTransitional HSOLakes HSOCoastal BlueDotRiverSubbasins Note: To view all relevant maps for the Waterford City and County Development Plan please visit https://www.waterfordcouncil.ie/media/plans_strategies/development-plan/ High Status Objective Waterbodies Includes Ordnance Survey Ireland data reproduced under OSi License number 2014/18/CCMA/WaterfordCity&CountyCouncil. Unauthorised reproduction infringes Ordnance Survey Ireland and Government of Ireland copyright. © Ordnance Survey Ireland, 2014 Owennashad Glasha Nier Mahon Colligan Dalligan Tay Glenshelane Glenakeefe Monavugga Glenafallia Tramore Back Strand

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   WATERFORD CITY & COUNTY DEVELOPMENT PLAN 2022 – 2028252 Water Quality Policy Objectives WQ 01 Water Framework Directive and Associated Legislation We will contribute towards, as appropriate, the protection of existing and potential water resources, and their use by humans and wildlife, including rivers, streams, wetlands, the coastline, groundwater and associated habitats and species in accordance with the requirements and guidance in the EU Water Framework Directive 2000 (2000/60/EC), the European Union (Water Policy) Regulations 2003 (as amended), the European Communities Environmental Objectives (Surface Waters) Regulations 2009 (as amended), the Groundwater Directive 2006/118/EC and the European Communities Environmental Objectives (groundwater) Regulations 2010 (as amended) and other relevant EU Directives, including associated national legislation and policy guidance (including any superseding versions of same). To support the application and implementation of a catchment planning and management approach to development and conservation, including the implementation of Sustainable Drainage System techniques for new development. WQ 02 Achieving High/ Good Water Quality Status In order to maintain water quality at high status and a return to good status for rivers that are not meeting this threshold at present we will: • Provide for the efficient and sustainable use and development of water resources and water services infrastructure. • Manage and conserve water resources in a manner that supports a healthy society, economic development requirements and a cleaner environment. • Ensure that all development does not negatively impact on water quality and quantity, including surface water, ground water, designated source protection areas, river corridors and associated wetlands, estuarine waters, coastal and transitional waters. • Ensure new development complies with the relevant EPA Code of Practice: Domestic Wastewater Treatment Systems (PE ≤ 10) (2021).or any amendments thereto. • Screen planning applications according to their Water Framework Directive status and have regard to their status and objectives to achieve ‘good’ status or protect and improve ‘high or good status’. A catchment-based approach shall be applied to the assessment of planning applications which may impact on water quality, and to ensure that the development would not result in a reduction in the water quality status of a waterbody in that catchment. • Seek to protect, enhance and restore all groundwaters and ensure a balance of abstraction and recharge, with the aim of achieving good groundwater status and to reverse any significant and sustained upward trends in the concentration of pollutants in groundwater. • Work with the Local Authority Waters Programme and other relevant State agencies and local communities to achieve the objectives for the Areas for Action1 identified in the River Basin Management Plans 2018-2021 and 2022-2027 to ensure that new development do not result in a deterioration of water quality in these areas. • Develop the associated Blue Dot Catchment network programme under the River Basin Management Plan 2018-2021 to protect and maintain the excellent quality of ‘High’ status water bodies. 1 Remediation measures are identified for -Clodiagh, John’s River, Tay, Colligan-Bricky-Dungarvan Harbour, Dunhill, Glenaboy, Licky

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    WATERFORD CITY & COUNTY DEVELOPMENT PLAN 2022 – 2028253 Water Quality Policy Objectives WQ 03 River Basin Management Plan Support the implementation of the relevant recommendations and measures as outlined in the River Basin Management Plan 2018-2021, and associated Program of Measures, or any such plan that may supersede same during the lifetime of the plan. Proposed plans, program and projects shall not have an unacceptable impact on the water environment, including surface waters, groundwater quality and quantity, river corridors and associated woodlands. Also, to have cognisance of, where relevant, the EU’s Common Implementation Strategy Guidance Document No. 20 and 36 which provide guidance on exemptions to the environmental objectives of the Water Framework Directive. WQ 04 Catchment-sensitive Farming Practices We will encourage the use of catchment-sensitive farming practices, in order to meet Water Framework Directive targets and comply with the River Basin Management Plan. WQ 05 Bathing Water Quality We will maintain Bathing Water standards in line with the EU Bathing Water Directive and increase the number of blue flag beaches. Environmental Quality Policy Objectives ENV 04 Air and Energy We will contribute towards compliance with air quality legislation; greenhouse gas emission targets; management of noise levels; and reductions in energy usage. ENV 05 CAFE Directive 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 revisions thereof). ENV 06 Human Health Assess proposals for development in terms of; inter alia, potential impact on existing adjacent developments, existing land uses and/or the surrounding landscape. Where proposed developments would be likely to have a significant adverse effect on the amenities of the area through pollution by noise, fumes, odours, dust, grit or vibration, or cause pollution of air, water and/or soil, mitigation measures shall be introduced in order to eliminate adverse environmental impacts or reduce them to an acceptable operating level. ENV 07 Radon 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).

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