Wicklow County Development Plan 2022–2028 – Volume 1 Written Statement

1. Page 421

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   Proposed Draft Wi Wicklow County Development Plan 2022-2028 County Development Plan 2021-2027 Chapter 18 | Green Infrastructure 18.3 Green Infrastructure & Land Use Planning The Development Plan’s role in Green Infrastructure is to facilitate the protection, management and enhancement of urban, peri-urban and rural environmental resources through the identification and provision of multi-functional and interconnected green spaces and networks which in turn enhances the overall benefit. It is also important to recognise the economic, social, environmental and physical benefit of green spaces and networks through the development of and integration of GI planning and development in the development management process. At a County or strategic level, regionally significant GI assets are identified, as well as GI principles. GI planning at a local level can be more specific; existing green infrastructure resources can be identified, as well as areas where improvements and new green infrastructure resources should be provided in the future. It is an aim of this plan to incorporate local level Green Infrastructure proposals into local plans; local plans will include where feasible, the incorporation of the following local GI requirements:  Identification of the key Green Infrastructure resources of the plan area;  Identification of potential sites for the development of new Green Infrastructure elements and routes;  Identification and facilitation of the provision of important linkages between urban and rural areas;  Identification of areas of deficiency in active open space areas based on spatial distribution and population needs;  Identification of important landscape corridors and green areas, including hedgerows, tree lines and pockets of tree cover, scrub, wetlands, streams and roadside verges and to encourage their protection and enhancement;  Incorporate nature based solutions in the provision and design of green spaces in association with all major new developments;  Seek the provision of green spaces in association with all major new developments;  Support for the development of targeted walkway and cycle ways, integrated as part of opportunities for other projects such as river restoration, biodiversity enhancement as part of process of strengthening connectivity between green spaces and strategic linkages between urban settlements and countryside; and  Identification of, where feasible, existing GI assets such as trees/ hedgerows/ woodlands/ wetlands on lands zoned for development within the plan area that are worthy of retention and/or enhancement. Green Infrastructure & Development Management All planning applications for development shall seek to ensure that development proposals provide for the protection of existing on-site green infrastructure resources and, where appropriate, the enhancement of existing and provision of new green infrastructure resources in tandem with new development. All proposed development shall have regard to relevant green infrastructure proposals in place and to any Green Infrastructure objectives at local plan level. All new proposals seeking planning permission should address, as much as is reasonably possible, best practice sustainable solutions and a sustainable site design, with emphasis on the following:  The proposal should address how existing natural features of the site will inform sustainable design, by exploring the potential for the integration of existing natural features of merit such as watercourses, mature planting and topography. Such an approach ensures that the landscape character of the area is maintained whilst also assisting biodiversity maintenance and more natural forms of surface water drainage.  The layout of the proposed development should be informed by the inherent natural characteristics of the site. Connectivity between proposed open spaces and adjoining existing open space or natural features should also be considered in the site design.  Proposals in relation to larger sites should be cognisant of any ecologically sensitive areas where it may be appropriate to retain or integrate into a landscape plan.413

2. Page 422

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   Proposed Draft Wi Wicklow County Development Plan 2022-2028 County Development Plan 2021-2027 Chapter 18 | Green Infrastructure 18.4 Recreational Use of Natural Resources The Council is committed to ensuring sustainable recreational use of the outdoors in County Wicklow in accordance with the objectives of the current County Wicklow Outdoor Recreational Strategy and in consultation with the Wicklow Uplands Council and other key stakeholders. Natural areas provide opportunities for passive and active activities such as picnicking, walking, mountain biking, swimming, fishing and sailing / canoeing / windsurfing. The Council will support and facilitate development of greenways where feasible, as well as shorter more localised routes and trails, that may or may not ultimately form part of a longer interconnected formal greenways. 18.5 Public Rights of Way Section 10(2)(o) of the Planning and Development Act 2000, requires the inclusion of a mandatory objective in the development plan for the preservation of public rights of way (PROW) which give access to seashore, mountain, lakeshore, riverbank or other place of natural beauty or recreational utility. PROWs shall be identified both by marking them on at least one of the maps forming part of the development plan and by indicating their location on a list appended to the plan. A PROW is a type of easement of way that is in legal terms distinct from other easements of way such as private rights of way and customary rights of way. A PROW or highway is a physically defined route over which the public have a right of passage which in legal terms is described as ‘a user as of right’. The form of PROW here is the type that is normally used for recreational purposes rather than for regular daily vehicular/non vehicular accesstransportation purposes. A PROW “confers the unrestricted right of the general public to pass and re-pass at all times of the day or night and at all seasons without notice to, or permission from the landowner over whose lands the way runs” 6. The most common physical characteristics of PROWs have been identified as follows:  it follows a defined route which may be sub-divided amongst different branches, and  the route normally runs between two public places, such as public roads as defined under roads legislation or landscapes of special amenity such as a beaches, woodlands or lakes. Section 14 of the Act sets out the formal process for including public rights of way in development plans. The scope of these statutory provisions is grounded on identification of existing routes over which PROWs are deemed to exist. The inclusion of PROW objectives for their preservation provides greater protection for such route-ways under the development management provisions of planning legislation whilst also restricting the scope of certain exempted development. The Council has identified seven routes that are outlined in Table 18.3 that are considered fulfil the criteria pertaining to PROWs as a form of public easement of passage7. 6 Edward Walsh & Constance Cassidy v The County Council for the County Sligo, [2013] IESE 48. 7 PROW1 to PROW4 are 4 existing public rights of way that were established in 1994 by way of variation to the 1989 County Development Plan in the Wicklow Town Environs Plan 1994.414

3. Page 423

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   Proposed Draft Wi Wicklow County Development Plan 2022-2028 County Development Plan 2021-2027 Chapter 18 | Green Infrastructure Table 18.3A Public Rights Of Way (Maps 18.09 A, C, D) Reference Location Description P.R.O.W.1 The Murrough, Wicklow Town A coastal walkway from the public car park in the Murrough Wicklow Town to the former Wicklow Town Council boundary in Tinakelly via Bollarney Murrough, Knockrobin, Murrough, and Tinakilly Murrough. P.R.O.W.2 Corporation Lands Dunbur Lower and Dunbur Head, Wicklow Town. From the public car park known as the Glen car park in the townland of Corporation Lands /off the R750 coast road to the Glen Strand, onto Brides Head-Lime Kiln Bay on a cliff/coastline path as far as the private road leading from the R.750 to the site of Wicklow Head Light House in the townland of Dunbur Head and back onto the principal linear section of this pathway via a new short looped section of path (to be developed during the lifetime of this plan). P.R.O.W.3 Broomhall, Rathnew, Wicklow Town From the junction of the Rocky Road and Ashtown Lane (L-1099-0) and L-5100-20) to the roundabout junction at Merrymeeting/Burkeen, Rathnew (L-5392-0 and L-1098-60). P.R.O.W.4 Corporation Lands and Dunbur Lower, Wicklow Town The old coast road from the north-western public road junction (L 5721- 15/L-57251-10) in Seafield housing estate (townland of Corporation Lands) on a laneway that runs along the western boundary of that estate, to a footbridge over the stream in Dunbur Glen, onto a pathway that in parts is backfilled with soil which adjoins the eastern boundary of an agricultural field and thereafter onto a laneway that runs between the boundaries of two housing estates (Seaview and Seapoint/Bayside Glen to the R750 (Dunbur Lower). P.R.O.W.6 * Tinakelly The Murrough to Blackditch Newcastle. A continuation of the Murrough coastal walk referenced herein as P.R.O.W.1 from Tinakelly Murrough Wicklow to the beach at Newcastle in the vicinity of the former Newcastle Railway Station at Blackditch via the townlands of: Clonmannon, Ballybla, Castlegrange, Grange South and Grange North. P.R.O.W7 Main Street Kilcoole to the L-1042 /Kilquade Road. Sally Walk/Kilcoole Mass Path, from the pedestrian opening on the R761/Main Street to the L-1042 in Priestsnewtown Kilquade via: a public footpath, the grounds of St. Patrick’s Hall, a defined pathway, a pedestrian bridge over Saint Patrick’s River and through a pathway in a field in Priestsnewtown and a laneway that opens onto the L-1042. Table 18.3B Proposed Amended Public Right Of Way8 (Map 18.09 B) Reference Location Description P.R.O.W.5 * From Beach Road Greystones to the coastline in Rathdown Lower and Rathdown upper This section of amenity route constitutes the initial linear southern section of the Bray to Greystones Cliff Walk. From the junction of Beach Road (L-12042)/Victoria Road (L-1204) in the Greystones harbour area via part of the new residential area of the Greystones harbour-marina development, via the new public park; this route is linked to the coastline at (a) the north beach and (b) an existing pathway to the coast in the vicinity of the site of the former Rathdown Castle. Total cumulative length of this route is circa 1.3 km. *subject of current legal challenge 8 This amendment (to map and description) is proposed to reflect the new on the ground layout following the completion of the new harbour roads, housing and landscaped park415

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   Proposed Draft Wi Wicklow County Development Plan 2022-2028 County Development Plan 2021-2027 Chapter 18 | Green Infrastructure 18.6 Green Infrastructure Objectives CPO 18.1 To recognise the importance and contribution of Green Infrastructure for the maintenance of biodiversity and ecosystem services, ensuring that the region and county will be better able to adapt and respond to climate change issues. CPO 18.2 To protect existing Green Infrastructure resources and to facilitate, in consultation with relevant stakeholders, the development of green infrastructure that recognises the benefits that can be achieved with regard to the following:  provision of open space amenities,  sustainable management of water,  protection and management of biodiversity,  protection of cultural heritage, and  protection of protected landscape sensitivities. CPO 18.3 New development and redevelopment proposals shall wherever possible, integrate nature based solutions to the design, layout and landscaping of development proposals, and in particular to the delivery of linear parks and connected open spaces along watercourses in order to enhance the existing green infrastructure of the local area. All such proposals will be subject to ecological impact assessment. CPO 18.4 To facilitate the development and enhancement of suitable access to and connectivity between areas of interest for residents, wildlife and biodiversity, with focus on promoting river corridors, European sites, nature reserves and other distinctive landscapes as focal features for linkages between natural, semi natural and formalised green spaces where feasible and ensuring that there is no adverse impact (directly, indirectly or cumulatively) on the conservation objectives of European sites. CPO 18.5 To identify and facilitate the provision of linkages along and between green / river corridors within the county and adjoining counties to create inter connected routes and develop riverside parks and create linkages between them to form ‘necklace’ effect routes including development of walkways, cycleways, bridleways and wildlife corridors where feasible and ensuring that there is no adverse impact (directly, indirectly or cumulatively) on the conservation objectives of European sites. CPO 18.6 To promote and facilitate the development of coastal trails linking up with existing recreational trails, creating new linkages between coastal sites and inward linkages to settlements and green spaces in built up areas and extensions to existing facilities where feasible and ensuring that there is no adverse impact (directly, indirectly or cumulatively) on the conservation objectives of European sites. CPO 18.7 To facilitate the development of green bridges / wildlife crossings over existing physical transport barriers to repair fragmentation of the Green Infrastructure network caused by such grey infrastructure developments. CPO18.8 To require the integration of Green Infrastructure principles and inclusion of native planting schemes in all development proposals in landscaped areas, open spaces and areas of public space.416

5. Page 425

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   Proposed Draft Wi Wicklow County Development Plan 2022-2028 County Development Plan 2021-2027 Chapter 18 | Green Infrastructure Recreational Use of Natural Resources Objectives CPO 18.9 To facilitate the use of natural areas for active outdoor pursuits, subject to ecological and cultural heritage assessment and associated mitigation as appropriate and all other normal planning controls. CPO 18.10 The facilitate access to amenity areas in the County for the benefit of all, on the basis of cooperation with landowners, recreational users and other relevant stakeholder groups to promote "agreed access" on public and privately owned land in the County on the basis of sustainability, consultation and consensus. CPO 18.11 To support the development of greenways, blueways and other access routes along natural corridors while ensuring that there is no adverse impact on the flora and fauna, biodiversity or water quality of natural assets. Wicklow County Council prioritises environmental protection in our design and construction of routes and surface selection. In particular, to support the development of existing and examine the feasibility of new walking, cycling, horse riding and water based routes and trails along the following routes:  from Bray Head, via the Sugarloaf Mountains, joining up with The Wicklow Way;  the extension of the ‘Blessington Greenway’ walk around the Poulaphuca reservoir;  the expansion of a lakeshore walk around the Vartry reservoir;  the extension of the old Shillelagh branch recreational trail - railway walk from Arklow to Shillelagh;  the development of a route along the disused Great Southern and Western Railway line (Naas to Tullow branch) through Dunlavin and Baltinglass;  the development of a coastal route from Bray to Arklow as well as links between this potential route and the coast road;  the Wicklow Way and St. Kevin's Way (as permissive waymarked routes);  the Wicklow to Glendalough “pilgrim walk” incorporating ancient wells; and  ‘Mountains to the Sea’ amenity route incorporating Glendalough, Laragh, Annamoe, Roundwood, Newtownmountkennedy and Kilcoole-Newcastle. CPO 18.12 To protect and facilitate The Wicklow Way and St. Kevin's Way as permissive waymarked routes in the County. The Council shall work in partnership with relevant stakeholders in relation to management of these routes, and will protect them from inappropriate development, which would negatively infringe upon their use. CPO 18.13 To facilitate greater public recreational access to the Wicklow coast and improved linkages between the coast and the coast road, subject to full ecological and heritage impact assessment and ensuring that there is no adverse impact (directly, indirectly or cumulatively) on the conservation objectives of European sites. CPO 18.14 To preserve the open character of commonage land and similar hill land and secure access over paths and tracks through consensus with local landowners, particularly in mountain areas. CPO 18.15 To implement the measures set out in the Bray Head SAAO (Special Amenity Area Order) (See Map 18.02). CPO 18.16 To protect the quality of bathing waters and to endeavour to ensure that bathing waters achieve “sufficient or better status” and increase the number of bathing waters classified as “good” or “excellent”, in accordance with the Bathing Water Directive (Directive 2006/7/EC).417

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   Proposed Draft Wi Wicklow County Development Plan 2022-2028 County Development Plan 2021-2027 Chapter 18 | Green Infrastructure CPO 18.17 Where projects for significant green infrastructure identified in this chapter are not already provided for by existing plans / programmes or are not already permitted, then the feasibility of progressing these projects shall be examined, taking into account planning need, environmental sensitivities as identified in the SEA Environmental Report and the objectives of the plan relating to sustainable mobility. A Corridor and Route Selection Process will be undertaken where appropriate, for relevant new green infrastructure in two stages: Stage 1 – Route Corridor Identification, Evaluation and Selection and Stage 2 – Route Identification, Evaluation and Selection. CPO 18.18 Where relevant, the Council and those receiving permission for development under the plan, shall manage any increase in visitor numbers and/or any change in visitor behaviour in order to avoid significant environmental effects, including loss of habitat and disturbance. Management measures may include ensuring that new projects and activities are a suitable distance from ecological sensitivities; visitor/habitat management plans will be required for proposed projects as relevant and appropriate. Potential environmental effects of a likely increase in tourists/tourism-related traffic volumes in particular locations/along particular routes shall be considered and mitigated as appropriate. Such a consideration should include potential impacts on existing infrastructure (including drinking water, wastewater, waste and transport) resulting from tourism proposals. Public Rights of Way Objectives CPO 18.19 The Council will utilise its relevant statutory powers for the purpose of preserving in so far as is practical, the character of the routes of the public rights of way detailed in Table 18.3 (Map 18.09 a, b, c & d) for amenity purposes. In this regard, the Council will, in the interests of attaining a balance between the needs of the individual owners of holdings over which these listed routes transverse and the common good, engage with such landowners in circumstances where there are reasonable ground for giving consideration to the re-routing of sections of such means of public access within the same holding. CPO 18.20 To carry out further research, where resources permit, regarding the identification and mapping of other potential existing public rights of ways in the County. Such research will be carried out in consultation with, elected representatives, members of the public, representatives of recreational organisations, relevant statutory public bodies, landowners, farmer representative groups and the Wicklow Upland Council (where appropriate) for consideration for inclusion of any further identified public rights of way in this plan by way of variation in accordance with Section 13 of the Planning and Development Act 2000 (as amended). Part of such a project may, where considered appropriate/warranted, give rise to proposals for the creation of new public rights of way and or the extending/re-routing of existing public rights of way in accordance with respective provisions of either Sections 206 or 207 of the Act. CPO 18.21 In accordance with the provisions of Section 208 of the Planning and Development Act 2000 (as amended), it is an objective of Wicklow County Council to carry out maintenance and repair works to the four existing public rights of way in the Wicklow Town Environs area (PROW 1 to PROW 4 inclusive) that were listed for preservation under planning and development legislation prior to the commencement of this section of the Act on 21st January 2002. Such works may, where considered warranted, on foot of an assessment of the structural capacity of such routes to accommodate public usage in a safe and commodious manner, involve the carrying out of surface upgrading/improvement works.418

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   Proposed Draft Wi Wicklow County Development Plan 2022-2028 County Development Plan 2021-2027 Chapter 18 | Green Infrastructure CPO 18.22 The Council recognises the recreational and heritage conservation importance of the preservation, protection, enhancement, maintenance and improvement, for the common good, of public rights of way providing access to seashores, mountains, lakeshores, riverbanks or other places of natural beauty or recreational utility by ensuring that new developments do not materially restrict or block the routes [pathways/trackways/laneways] of those PROWs. Developments will not be permitted where the established recreational utility or otherwise of a PROW would be compromised or lost altogether, unless specific proposals are made by the developer as part of a planning application to: a) Develop a new route-way to replace the route-way of the existing PROW in full or to realign a section of such a route-way, in manner that ensures that new routeway/ realigned section of route-way is of similar character, capacity and function of the route/part of a route of the PROW that it is to replace; and b) Appropriate legal procedures have been undertaken to extinguish the existing PROW (or part thereof) and to establish an entirely new route way or a realigned section of the existing route of a PROW.419

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   Green Infrastructure Map No. 18.01 Scale 1:300,000 @A4 Legend European Sites Special Area of Conservation (SAC) Special Protection Area (SPA) Wicklow County Council Planning Department © Ordnance Survey Ireland. All rights reserved Licence number 2022/35/CCMA/Wicklow County Council WICKLOW COUNTY DEVELOPMENT PLAN 2022-2028420

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   Scale 1:300,000 @A4 Legend Nature Reserves Green Infrastructure Map No. 18.02 Wildfowl Sanctuaries Bird Sanctuaries Special Amenity Area Orders Wicklow County Council Planning Department © Ordnance Survey Ireland. All rights reserved Licence number 2022/35/CCMA/Wicklow County Council WICKLOW COUNTY DEVELOPMENT PLAN 2022-2028421

10. Page 430

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    Scale 1:300,000 @A4 Legend National Inventory of Architectural Heritage (NIAH) Green Infrastructure Map No. 18.03 Record of Protected Structures (RPS) Architectural Heritage Wicklow County Council Planning Department © Ordnance Survey Ireland. All rights reserved Licence number 2022/35/CCMA/Wicklow County Council WICKLOW COUNTY DEVELOPMENT PLAN 2022-2028422

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