Development plan · Waterford City and County Council
Waterford City and County Development Plan 2022–2028 — Chapter 9
One part of the council's development plan written statement, which the council publishes in parts. Variations adopted since are not in this text.
Waterford City and County Council · 2022–2028 · 23 pages
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- WATERFORD CITY & COUNTY DEVELOPMENT PLAN 2022 – 2028254 Environmental Quality Policy Objectives ENV 08 Soil Protection, Contamination and Remediation Ensure that adequate soil protection measures are undertaken where appropriate. Adequate and appropriate investigations shall be carried out into the nature and extent of any soil and groundwater contamination and the risks associated with site development work, where brownfield development is proposed. The EPA’s publication Code of Practice: Environmental Risk Assessment for Unregulated Waste Disposal Sites (2007) shall be taken into account as relevant by proposals for development within or adjacent to old landfill sites. All undeveloped, contaminated sites shall be remediated to internationally accepted standards prior to redevelopment. All applications shall be accompanied by a report from a qualified, expert remediation consultant incorporating international best practice and expertise on innovative ecological restoration techniques including specialist planting and green initiatives that create aesthetically improved sites, healthy environments and contribute to the provision of new green open spaces as integral parts of newly created areas. Treatment/management of any contaminated material shall comply as appropriate with the Waste Management Act 1996 (waste licence, waste facility permit), as amended, and under the EPA Act 1992 (Industrial Emissions licensing, in particular the First Schedule, Class 11 Waste), as amended. 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. Prior to the grant of approval on contaminated sites, developers will be required to carry out a full contaminated land risk assessment to demonstrate: • How the proposed land uses will be compatible with the protection of health and safety (including the durability of structures and services) - during both construction and occupation; and, • How any contaminated soil or water encountered will be appropriately dealt with. 9.6 Biodiversity Biodiversity, natural capital and the benefits we derive from nature now commonly referred to as Ecosystem Services are increasingly recognised as being integral to planning and land use policies, as these resources underpin the wellbeing of the economy, society and individuals. Woodlands and forests store carbon, wetlands and coastal zones provide buffers against flood while a host of species enable pollination and maintain soil structure and fertility. It is clear that these ecosystem services are under threat and thus maintenance and enhancement of our biodiversity is a key requirement for policy makers and the wider community. Waterford City & County Council are committed to identifying the City & County’s ecological infrastructure, maintaining the favourable conservation status of protected areas and restoring and enhancing degraded areas of biodiversity value. A Heritage Plan (2017-2022) was published by the local authority in 2017 which includes objectives for conservation of biodiversity). The aims of the Heritage Plan are to address priority information gaps in the City and County, increase understanding and raise awareness of biodiversity and maintain and enhance biodiversity through management practices in key areas. In 2019 Waterford City & County Council signed a Framework Agreement with the National Biodiversity Data Centre supporting implementation of the All-Ireland Pollinator Plan. The Council are committed to improving work practices and implementing policies that deliver benefits for pollinator habitats and have included actions such as promotion of green procurement, set aside meadows with reduced and delayed mowing, removal of pesticides from all Council operated parks, pollinator friendly planting and winning the Green Flag for Parks Award in 2020 for Kilbarry Nature Park.
- WATERFORD CITY & COUNTY DEVELOPMENT PLAN 2022 – 2028255 Biodiversity Policy Objectives BD 01 We will protect and conserve all sites designated or proposed for designation as sites of nature conservation value (Natura 2000 Network, Ramsar Sites, NHAs, pNHAs, Sites of Local Biodiversity Interest, Geological Heritage Sites, TPOs) and protect ecological corridors and networks that connect areas of high conservation value such as woodlands, hedgerows, earth banks and wetlands. We will contribute towards the protection and enhancement of biodiversity and ecological connectivity, including woodlands, trees, hedgerows, semi-natural grasslands, rivers, streams, natural springs, wetlands, the coastline, geological and geo-morphological systems, other landscape features, natural lighting conditions, and associated wildlife where these form part of the ecological network and/or may be considered as ecological corridors or stepping stones in the context of Article 10 of the Habitats Directive. BD 02 In support of the All-Ireland Pollinator Plan we will seek to maintain and enhance Waterford’s biodiversity in favourable conservation condition so that environmental resilience and net gain in biodiversity enhancement and creation are achieved during implementation of this plan. BD 03 All proposed development will be considered in terms of compliance with the standards and legal requirements of the following where they apply; • Appropriate Assessment of Plans and Projects in Ireland-Guidance for Planning Authorities Department of Housing, Local Government and Heritage (2021). • NRA Guidelines on Ecological Impact Assessment (2009) • All-Ireland Pollinator Plan (2021) • Planning for Watercourses in the Urban Environment (2020) • Requirements for the Protection of Fisheries Habitat during Construction and Development Works at River Sites.
- WATERFORD CITY & COUNTY DEVELOPMENT PLAN 2022 – 2028256 9.7 Nature Conservation Sites Waterford supports a wide range of habitats and species including coastal habitats, uplands, water corridors and wetland habitats, grasslands, woodlands and hedgerows. The value of these habitats is recognised in the high number of sites in the County designated by the State for nature conservation. Figure 9.2 SACs and SPAs in Waterford The Habitats Directive places an obligation on member states of the EU to establish an EU wide network of special conservation sites including Special Protection Areas (SPAs) and Special Areas of Conservation (SACs). This network is known as Natura 2000. SPAs and candidate SACs are designated by the National Parks and Wildlife Service of the DoEHLG. These sites must be managed to ensure maintenance or restoration of their favourable conservation status. There are nine SACs and six SPAs designated in County Waterford.Legend City and County Boundary Special Protection Areas Proposed Natural Heritage Areas Natural Heritage Areas Special Area of Conservation Copyright Government of Ireland. This service was created by National Parks and Wildlife Service, Department of Arts, Heritage and the Gaeltacht. This copyright material is licensed for re-use under the Creative Commons Attribution 4.0 International licence. http://creativecommons.org/licenses/by/4.0/, © Ordnance Survey Ireland, © Ordnance Survey Ireland 2017 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/ Nature Conservation Sites 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 Blackwater Callows River Suir Nire Valley Woodlands Comeragh Mountains Glendine Woods Ardmore Head Mid-Waterford Coast Waterford Estuary River Blackwater Blackwater Estuary Helvic Head to Ballyquinn Tramore Dunes & Back Strand Dungarvan Harbour
- WATERFORD CITY & COUNTY DEVELOPMENT PLAN 2022 – 2028257 9.8 Appropriate Assessment Development proposed within or affecting European Sites (SACs and SPAs) will require screening for Appropriate Assessment, and if required Appropriate Assessment to determine if the proposed development is environmentally sustainable and to ensure it will not pose significant effects for the Table 9. 1 Special Areas of Conservations (SACs) Site Name Qualifying Interests of Site Ardmore Head Dry coastal heath and vegetated sea cliffs. Blackwater River (Cork/Waterford) Estuary, mudflats, shingle banks, salt meadows, floating river vegetation, old oak woods, alluvial woodland, Yew woodland, Freshwater Pearl Mussel, White-clawed Crayfish, Shad, Lamprey, Salmon, Otter, Killarney Fern Comeragh Mountains Blanket bog, dry, wet and alpine heath, rocky slopes, oligotrophic lakes, floating river vegetation, Shining Sicklemoss. Glendine Wood Semi-natural woodland with rare assemblages of ground flora Helvick Head Vegetated sea cliffs and dry heath. Lower River Suir Salt meadows, floating river vegetation, marginal river vegetation, old oak woods, alluvial wet woodland, yew woods, Twaite Shad, Sea Lamprey, Brook Lamprey, River Lamprey, Freshwater Pearl Mussel, White-clawed Crayfish, Atlantic Salmon, Otter. Nire Valley Woods Old oak woodlands and dry heath. River Nore and River Barrow (Waterford Estuary) Estuary, mudflats, salt meadows, floating river vegetation, dry heath, marginal river vegetation, petrifying springs, old oak woods, alluvial woods, White-clawed Crayfish, Freshwater Pearl Mussel, Whorl snail, Shad, Lamprey, Salmon, Otter, Killarney Fern Tramore Dunes and Back Strand Mudflats and sand flats, shingle banks, salt meadows, embryonic, white and fixed dunes. Table 9. 2 Special Protected Area (SPAs) Site Name Qualifying Interests of site Tramore Backstrand Brent Geese, Golden Plover, Grey Plover, Black-tailed Godwit, Bar-tailed Godwit, Lapwing, Dunlin, Sanderling. Dungarvan Harbour Great Northern Diver, Brent Goose, Black-tailed Godwit, Bar-tailed Godwit, of international importance. Nationally important numbers of Shelduck, Wigeon, Redbreasted Merganser, Grey Plover, Golden Plover, Lapwing, Knot, Sanderling, Dunlin, Redshank and Turnstone. Blackwater Callows Whooper Swan, Bewick’s Swan, Golden Plover, Kingfisher Blackwater Estuary Little Egret, Golden Plover, Bar-tailed Godwit, Sandwich Tern, Roseate Tern, Common Tern. Helvick Head Coast Peregrine, Chough, Herring Gull, Kittiwake Mid Waterford Coast Peregrine, Chough, Herring Gull, Cormorant
- WATERFORD CITY & COUNTY DEVELOPMENT PLAN 2022 – 2028258 conservation objectives for the site and species or adversely affect the integrity of the area or its habitats or species. Where such a development would affect the integrity of a site, it will only be permitted where there is no alternative solution and there are imperative reasons of overriding public interest for the development or land-use change. Where the site concerned hosts a priority natural habitat type and/or a priority species, development or land use change will not be permitted unless it is necessary for imperative reasons of human health or public safety or for benefits of primary importance for the environment. N2K Network Policy Objectives BD 04 Appropriate Assessment All projects and plans arising from this Plan2 will be screened for the need to undertake Appropriate Assessment under Article 6 of the Habitats Directive. A plan or project will only be authorised after the competent authority has ascertained, based on scientific evidence, Screening for Appropriate Assessment, and subsequent Appropriate Assessment where necessary, that: 1. The plan or project will not give rise to significant direct, indirect or secondary effects on the conservation objectives of any European site (either individually or in combination with other plans or projects); or 2. The plan or project will have significant adverse effects on the integrity of any European site (that does not host a priority natural habitat type/and or a priority species) but there are no alternative solutions and the plan or project must nevertheless be carried out for imperative reasons of overriding public interest, including those of a social or economic nature. In this case, it will be a requirement to follow procedures set out in legislation and agree and undertake all compensatory measures necessary to ensure the protection of the overall coherence of Natura 2000; or 3. The plan or project will have an adverse effect on the integrity of any European site (that hosts a natural habitat type and/or a priority species) but there are no alternative solutions and the plan or project must nevertheless be carried out for imperative reasons for overriding public interest, restricted to reasons of human health or public safety, to beneficial consequences of primary importance for the environment or, further to an opinion from the Commission, to other imperative reasons of overriding public interest. In this case, it will be a requirement to follow procedures set out in legislation and agree and undertake all compensatory measures necessary to ensure the protection of the overall coherence of Natura 2000. BD 05 Protection of European Sites Projects giving rise to adverse effects on the integrity of European sites (cumulatively, directly or indirectly) arising from their size or scale, land take, proximity, resource requirements, emissions (disposal to land, water or air), transportation requirements, duration of construction, operation, decommissioning or from any other effects shall not be permitted except as provided for in Article 6(4) of the Habitats Directive, viz. There must be a) no alternative solution available, b) imperative reasons of overriding public interest for the project to proceed; and c) Adequate compensatory measures in place. 2 Such projects include but are not limited to those relating to: agriculture; amenity and recreation; contaminated sites; electricity transmission; flood alleviation and prevention; forestry; mineral extraction; renewable energy projects; roads; telecommunications; tourism; wastewater and discharges; and water supply and abstraction.
- WATERFORD CITY & COUNTY DEVELOPMENT PLAN 2022 – 2028259 9.9 Natural Heritage Areas (NHAs) and Nature Reserves There are 30 Natural Heritage Areas in Waterford City & County proposed for designation by the National Parks and Wildlife Service (NPWS) under the provisions of the Wildlife (Amendment) Act 2000 in recognition of nationally important habitats, species and sites of geological interest. Fenor Bog is also designated a Nature Reserve and is the only community owned Nature Reserve in the State. Figure 9.2 identifies the NHAs proposed for designation in Waterford. N2K Network Policy Objectives BD 06 Management Plans Article 6(1) of the Habitats Directive requires that Member States establish the necessary conservation measures for European sites involving, if need be, appropriate management plans specifically designed for the sites or integrated into other Development Plans. The Local Authority support the preparation and implementation of management plans for the conservation of Natura 2000 sites, pNHAs and Sites of Local Biodiversity as per appropriate. Table 9. 3 Proposed Natural Heritage Areas (pNHAs) Reference No. pNHA Reference No. pNHA 1. Kilsheelan Lake 15. Heilbhic Head 2. Toor Wood 16. Dungarvan Harbour 3. Fiddown Island 17. Stradbally Woods 4. Nire Valley Woods 18. Ballyvoyle Head to Tramore 5. Comeragh Mountains 19. Ballinlough 6 Portlaw Woods 20. Lissaviron Bog 7. Coolfin & Darrigle Marshes 21. Castlecraddock Fen 8. Glenmore Woods 22. Fenor Bog (NHA) 9. Lismore Woods 23. Carrickavrantry Reservoir & Marsh 10. Blackwater Callows 24. Islandtarsney Fen 11. Blackwater River and Estuary 25. Tramore Dunes & Backstrand 12. Tallow Church of Ireland 26. Belle Lake 13. Ballyeelinan Wood 27. Creadan Head 14. Glen Anna Wood 28. Dunmore East Cliffs 29. Kilbarry/Ballinakill 30. King’s Channel
- WATERFORD CITY & COUNTY DEVELOPMENT PLAN 2022 – 2028260 Biodiversity Assessment Policy Objectives BD 07 We will protect plant and animal species and habitats which have been identified by the EU Habitats Directive (1997), EU Bird Directive (1979), Wildlife Act (1976) and Wildlife (Amendment) Act 2000 and the Flora Protection Order (2015) and ensure development does not impact adversely on wildlife species or the integrity and habitat value of the site. BD 08 We will assess all proposed developments at each level of the Development Planning process from City & County Development Plan, Local Area Plan to project level to determine potential for significant effects on the conservation objectives and /or adverse impact on the integrity of the Natura 2000 network and ensure that the requirements of Articles 6(3) and 6(4) of the Habitats Directive are fully satisfied. BD 09 We will ensure a sufficient level of information is provided in development applications to enable a fully informed assessment of impacts on biodiversity to be made. Ecological impact assessments submitted in support of development proposals shall be carried out by appropriately qualified professionals and ecological survey work carried out at optimal survey time to ensure accurate collation of ecological data. Sites of Biodiversity Value Policy Objectives BD 10 We will prevent unnecessary fragmentation and promote integration of existing green infrastructure such as trees, woodlands, hedgerows, earth banks and wetlands in the design of new development. Proposed development will be encouraged to retain and create green corridors within and between built up urban areas along with areas that are not subject to public access so as to promote wildlife habitat value. BD 11 We will mitigate potential adverse impacts on existing biodiversity and green infrastructure in development proposals through requirement for biodiversity enhancement measures such as habitat creation, pollinator friendly landscaping schemes and or nesting boxes for pollinators, birds and mammals. BD 12 We will continue to develop the broader network of habitats through habitat mapping and management planning in collaboration with other agencies to record the range of habitats and network of ecological corridors and integrate this information in the Development Planning process. 9.10 Local Sites of Biodiversity Value Many habitats that do not meet the criteria for designations as an NHA are still important on a local or county basis and some sites may be of regional importance but have not been fully surveyed or recognised as such. In order to inform this process, Waterford City & County Council supports ongoing surveys of key habitats such as wetlands and other habitats and the development of a City & County Habitat map. Article 10 of the EU Habitats Directive states that Member States shall endeavour in their land use planning and development policies, to encourage the management of features of the landscape, which are of major importance for wild flora and fauna. Such features are those which by virtue of their linear and continuous structures such as rivers and riverbanks or hedgerows or by virtue of their functions as stepping-stones such as ponds or small woods are essential for the migration, dispersal and genetic exchange of wild species.
- WATERFORD CITY & COUNTY DEVELOPMENT PLAN 2022 – 2028261 Sites of Biodiversity Value Policy Objectives BD 13 We will prevent unnecessary noise and light disturbance to wildlife habitats and species by requesting Noise Impact Assessments and Lighting Plans to support development proposals so that wildlife friendly lighting specifications and avoidance of unnecessary noise are incorporated in early design stage of development schemes. BD 14 To promote sustainable and creative proposals in lighting and display technologies. All external lighting should be down lighting and should be time limited where possible. Lighting should be avoided in sensitive wildlife areas and light pollution avoided. All external light proposals should be accompanied by a light pollution study and deviations to the objective will only be considered where the applicant can clearly show that the proposed light solution would result in a more sustainable solution. 9.11 Wetlands Wetlands are areas of marsh, fen, peat land or water, whether natural or artificial, permanent or temporary, with water that is static or flowing. Wetlands are significant habitats in County Waterford and much work has also been carried out on Integrated Constructed Wetlands in the Anne Valley. Wetlands provide habitats for communities of species that can survive in aquatic and semi-aquatic conditions. The amount of drainage and water present are their most important feature as increased drainage or flooding can cause significant change in habitat value and species diversity. The Water Framework Directive and Ramsar Convention provide for the protection and wise use of Wetlands. A total of 45 sites have been identified as Ramsar sites in Ireland. These are wetlands that are of significant value for nature. There are two Ramsar Sites in Co. Waterford - Dungarvan Harbour and Tramore Bay. There are around 300 wetlands for local biodiversity interest in Waterford and surveys of these sites were carried out in 2006, 2015 and 2021. These wetlands of local biodiversity importance are listed in Appendix A11. A key feature of the Waterford landscape is the range of watercourses from large rivers such as the Blackwater, Colligan, Tay, Mahon and Suir to smaller rivers and streams. Along with recreational benefits these watercourses provide habitat for a number of important and protected species such as Crayfish, Shad, Lamprey, Salmon and the Freshwater Pearl Mussel. Smaller rivers and streams may be valuable as spawning grounds. It is important that all watercourses and their associated riparian habitats are maintained in a semi-natural condition as far as possible. Maintenance of good water quality requires protection of the wider aquatic environment including the associated riverbank and an appropriate ecological buffer zone to support maintenance of the physical habitat and hydrological processes. The Council will consult with Inland Fisheries Ireland on developments that may impact on watercourses and take account of Requirements for the Protection of Fisheries Habitat during Construction and Development Works at River Sites. Recommended set back zones for preservation of riparian corridors. Source- Planning for Watercourses in the Urban Environment 2020 Update Inland Fisheries Ireland.
- WATERFORD CITY & COUNTY DEVELOPMENT PLAN 2022 – 2028262 Wetland Policy Objectives BD 15 We will ensure that Waterford’s floodplains, wetlands and watercourses are retained for their biodiversity and flood protection values and maintain good ecological status of wetlands and watercourses in support of the provisions of the Water Framework Directive and Ramsar Convention. BD 16 We will protect wetland sites listed in Appendix A11 and other wetlands that may be identified of biodiversity value from infilling and other developments that may affect the biodiversity value of these sites. BD 17 The preservation of riparian corridors is a requirement for the protection of aquatic habitats and facilitation of public access to waterways. Development proposals will be required to avoid culverting of river channels while maintaining a buffer zone of at least 15m between the development works and the top of the riverbank. We will consult with Inland Fisheries Ireland and LAWPRO on the establishment and protection of riparian habitats where appropriate. BD 18 Drainage or Reclamation of Wetlands We will implement the relevant parts of the Planning and Development (Amendment) (No. 2) Regulations 2011 and the European Communities (Amendment to Planning and Development) Regulations 2011, which require planning permission to be applied for where the area impacted by works relating to the drainage or reclamation of a wetland exceeds 0.1 hectares or where such works may have a significant effect on the environment. Such applications for permission would need to be supported by an Appropriate Assessment where necessary. BD 19 Peatlands We will support the implementation of any relevant recommendations contained in the National Peatlands Strategy 2015. Developments sited on peatlands have the potential to increase overall carbon losses, potentially undermining expected carbon savings (in the case of renewable energy developments) and damaging rare habitats of European importance. It is recommended that when developing project proposals for developments on peatlands assessments are undertaken that consider: • Peatland stability. • Carbon emissions balance; and • Hydrology and Ecology. 9.12 Hedgerows Hedgerows are a distinctive feature of the Waterford landscape providing wildlife habitats, attractive scenery and shelter in exposed areas. They represent the single most significant habitat supporting plants, invertebrates, birds and mammals in County Waterford. The value of hedgerows as a habitat is dependent on both the quality and condition of the hedgerow and its linear integrity. The linear integrity or connectivity of the hedgerow in effect acts as a green corridor connecting larger habitats and enhancing the biodiversity of both the hedgerow and the larger habitats. In addition to the biodiversity value of hedgerows, there are broader benefits including retention of surface water run-off from land reducing the flood risk downstream, prevention of soil erosion and reduced risk of disease transmission between farms. They also function as carbon sinks, pollution filters and sound barriers between busy roads and housing developments. The loss of a section of hedgerow may have a significant environmental impact. It is therefore in our common interest to preserve and enhance hedgerows throughout the City & County.
- WATERFORD CITY & COUNTY DEVELOPMENT PLAN 2022 – 2028263 The greatest threats to hedgerow habitat are inappropriate maintenance by cutting too severely and preventing flowering or cutting at the wrong time of year and introduction of breaks in the linear integrity from new development. It is the policy of Waterford City & County Council to retain the natural roadside hedgerows as far as possible for the purposes of maintaining natural habitat, landscape character and screening of new developments. The Council will also seek to ensure that all new development includes measures to preserve the linear integrity and enhance the quality of hedgerows. Development standards for hedgerow replacement are set out in Volume 2 including a list of shrub and tree species suitable for planting according to topographical feature and geographic location within the county. Plants of local provenance and that support pollinating species shall be prioritised in landscaping schemes Hedgerow Policy Objectives BD 20 To protect hedgerows in all new developments, particularly species rich roadside and townland boundary hedgerows, such features should be incorporated into the open space provisions at the concept design stage. There will be a presumption against the removal of hedgerows however where their removal is unavoidable replacement planting shall involve establishment of new hedgerows with native species of local provenance and that support pollinating species. 9.13 Trees and Woodlands Trees are a valuable feature of the landscape for their amenity and wildlife value and Waterford has one of the highest levels of tree cover in the State. The 2008 NPWS Native Woodlands Survey reports there are 6,990 ha of native woodland in Waterford representing 3.8% of the County land cover. In recognition of their landscape value some trees are protected under Tree Preservation Orders (TPOs). These are listed in Appendix 11. The Tree Register of Ireland maintains a register of champion trees and lists over 270 champion trees for County Waterford by virtue of their age, height and girth. Many of these trees are found within demesne landscapes which covered a significant area of land cover in the County in the past. Under, Section 19 of the Forestry Act 2014, with certain exceptions, it is illegal to uproot a tree over ten years of age or cut down a tree of any age unless notice of intention to do so has been given in accordance with the Forestry Act. With the exception of an area located within the boundaries of a town or borough council area, a tree within 30m of a building or tree stands within 10m of a public road, a tree felling licence from the Forest Service of the Department of Agriculture and Food is required if it is proposed to fell trees. An exemption for a felling licence does not apply to a tree(s) within the curtilage or attendant grounds of a protected structure under Part IV of the Planning and Development Act 2000 (as amended).
Source Waterford City and County Council: Waterford City and County Development Plan 2022–2028 — Chapter 9 (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.