Section 8 Mitigation Measures
8.1 Introduction
Mitigation measures are measures envisaged to prevent, reduce and, as fully as possible, offset any significant adverse impacts on the environment of implementing the Plan.
Various environmental sensitivities and issues have been communicated to the Council through the SEA, AA and SFRA processes. By integrating related recommendations into the Plan, the Council has ensured that both the beneficial environmental effects of implementing the Plan have been and will be maximised and that potential adverse effects have been and will be avoided, reduced or offset.
Furthermore, various provisions already in force through the existing Plan will ensure that environmental protection is contributed towards by implementation of the Plan as amended.
8.2 Integration of Environmental Considerations
All recommendations made by the SEA, AA and SFRA processes were integrated into the Plan.
One of the alternatives for the Proposed Amendment that was prepared early on in the process zoned lands within the River Nore and Barrow cSAC for built development. This original Proposed Amendment also zoned lands within Flood Zone A for non-compatible built development.
Based on these potential conflicts, the integration of environmental considerations into the site specific objective for the development of the lands was recommended. These recommendations were integrated into the Proposed Amendment by Kilkenny County Council.
Under the Proposed Amendment that is being placed on public display, protection of the cSAC shall be maintained by both the site specific objective and by the continued implementation of the provisions of the existing Plan which includes various measures to prevent any adverse effects upon the cSAC arising from adjacent development.
In addition, under, the zoning of Flood Risk Zones would remain unchanged. Any risk posed by development provided for by the Proposed Amendment would be mitigated by complying with both the site specific objective and by the continued implementation of the provisions of the existing Plan.
The site specific objective for the development of the Proposed Amendment is reproduced below. The key elements of this objective which integrate environmental considerations and which will facilitate protection and management of the environment are identified in green text.
Site specific objective for the development of the Proposed Amendment
To facilitate the development of a residential complex (10 units approx.) initiated by the Camphill Community with ancillary small scale socio-economic uses related to the activities of the residents of the development, and to provide for a pedestrian link from the lands to the town centre, subject to the following:
· The development must not interfere with the ecological integrity of the adjacent Kings River which forms part of the River Barrow and River Nore SAC, a Natura 2000 site. Any future development (including pedestrian link) of the lands will be subject to Appropriate Assessment in accordance with Article 6 of the Habitats Directive.
· A site-specific Flood Risk Assessment appropriate to the type and scale of the proposed development and a site specific justification test if required must be submitted at planning application stage in line with the DoEHLG Guidelines “The Planning System and Flood Risk Management”, November 2009. Residential use is excluded from Flood Zone B.
· Any developments proposed for the lands at Westcourt must be connected to the foul sewer network for treatment of waste water. Such developments will only proceed subject to the local treatment plant having capacity to adequately treat the additional load. It must be shown by proposals that all storm water can be appropriately collected, stored and treated so as not to affect the quality of water bodies.
· The archaeological importance of the site must be safeguarded by protecting archaeological sites and monuments (including their setting), and archaeological objects, including those that are listed in the Record of Monuments and Places, and in the Urban Archaeological Survey of County Kilkenny or newly discovered sub‐surface archaeological remains. Any proposed development in the vicinity or confines of archaeological monuments will require an archaeological assessment and the preparation of an archaeological impact statement for submission as part of any planning application for development within this area.
· When innovative layouts and exceptional design for living are achieved, strict adherence to the development management standards for new residential developments as set out in Chapter 12 of the County Development Plan 2014-2020 will not be required, provided the proposed designs can be demonstrated to satisfy the social and physical needs of the occupants.
8.3 Provisions already in force through the existing Plan
Provisions which are already in force through the existing County Development Plan 2014-2020 which will facilitate continued protection and management of the environment across the Plan area including at the Proposed Amendment site are detailed below.
Chapter 1
1A To implement the provisions of Articles 6(3) and 6(4) of the EU Habitats Directive.
1B To ensure that any plan or project within the functional area of the Planning Authority is subject to appropriate assessment in accordance with the Guidance Appropriate Assessment of Plans and Projects in Ireland – Guidance for Planning Authorities, 2009[17] and is assessed in accordance with Article 6 of the Habitats Directive in order to avoid adverse impacts on the integrity and conservation objectives of the site.
1C To implement the Development Management Standards as set out in the Plan as appropriate.
1D To prepare a Climate Change Adaptation plan following the adoption of the Development Plan.
Chapter 8 Heritage
8A To prepare and implement, in partnership with the Kilkenny Heritage Forum and all relevant stakeholders, a County Heritage Plan and County Biodiversity Plan.
8B To protect and, where possible, enhance the natural heritage sites designated under EU Legislation and National Legislation (Habitats Directive, Birds Directive, European Communities (Birds and Natural Habitats) Regulations 2011 and Wildlife Acts). This protection will extend to any additions or alterations to sites that may arise during the lifetime of this plan.
8C To protect and, where possible, enhance the plant and animal species and their habitats that have been identified under European legislation (Habitats and Birds Directive) and protected under national Legislation (European Communities (Birds and Natural Habitats) Regulations 2011 (SI 477 of 2011), Wildlife Acts 1976-2010 and the Flora Protection Order (SI94 of 1999).
8D To prepare and support the implementation of a Green Infrastructure Strategy for County Kilkenny.
8E To protect and where possible enhance wildlife habitats and landscape features which act as ecological corridors/networks and stepping stones, such as river corridors, hedgerows and road verges, and to minimise the loss of habitats and features of the wider countryside (such as ponds, wetlands, trees) which are not within designated sites. Where the loss of habitats and features of the wider countryside is unavoidable as part of a development, to ensure that appropriate mitigation and/or compensation measures are put in place, to conserve and enhance biodiversity and landscape character and green infrastructure networks.
8F Kilkenny County Council will promote the planting of native tree and shrub species, by committing to using native species (of local provenance wherever possible) in its landscaping work and on County Council property.
8G To protect and sustainably manage the landscape character of County Kilkenny, having regard to the findings of the landscape character assessment and the development management standards as set out in this chapter for the sustainable development of the county and appropriate conservation of its landscape character.
8H To preserve and improve places or areas from which views or prospects of special amenity value exist, as identified in Appendix H and on Figure 8.2.
8I Protect archaeological sites and monuments (including their setting), underwater archaeology, and archaeological objects, including those that are listed in the Record of Monuments and Places, and in the Urban Archaeological Survey of County Kilkenny or newly discovered sub-surface and underwater archaeological remains.
8J To facilitate and support the implementation of existing (and any further) conservation plans, as resources allow.
8K To ensure the protection of the architectural heritage of County Kilkenny by including all structures considered to be of special architectural, historical, archaeological, artistic, cultural, scientific, social or technical interest in the Record of Protected Structures.
8L To carry out a review of the Record of Protected Structures.
8M To complete digital mapping of the Record of Protected Structures.
8N To promote principles of best practice in conservation and the use of appropriate materials and repair techniques through the administration of the Conservation Grants Scheme and the Structures at Risk Fund, funded by the Department of Arts Heritage and the Gaeltacht.
8O To provide assistance to owners of protected structures in undertaking essential repairs and maintenance by the provision of relevant information.
8P To respond to the Ministerial recommendation to include in the Record of Protected Structures, structures which have been identified as being of Regional, National or International significance in the National Inventory of Architectural Heritage survey of the city and county published in 2006, and to consider for inclusion those rated of local significance.
8Q To ensure the preservation of the special character of each ACA listed (Table 8.2) above and within the county particularly with regard to building scale, proportions, historical plot sizes, building lines, height, general land use, building materials, historic street furniture and paving.
8R To designate ACAs where appropriate and provide a local policy framework for the preservation of the character of these areas.
Chapter 9 Infrastructure & Environment
9A Implement the programme as outlined in the Water Services Investment Programme.
9B Meet in full the requirements of the E.U. Urban Waste Water Treatment and Water Framework Directives and theDrinking Water Regulations.
9C To update Noise Mapping in accordance with revised or updated thresholds for Noise Mapping.
9D To promote compliance with environmental standards and objectives established—
for bodies of surface water, by the European Communities (Surface Waters) Regulations 2009;
for groundwater, by the European Communities (Groundwater) Regulations 2010; which standards and objectives are included in the South East River Basin Management Plan.
9E To complete the mapping of source protection areas and to map Source Protection Areas for any new public water supply schemes as appropriate.
9F To ensure that Source Protection Areas are identified for any multiple unit housing developments with private water supplies.
9G To adopt a comprehensive risk-based planning approach to flood management to prevent or minimise future flood risk. In accordance with the Planning System and Flood Risk Management – Guidelines for Planning Authorities, the avoidance of development in areas where flood risk has been identified shall be the primary response.
9H To implement the Joint Waste Management Plan for the South East Region.
9I To control the following for the purposes of reducing the risk or limiting the consequences of a major accident:
· The siting of Major Accident Hazard sites
· The modification of an existing Major Accident Hazard site
· Development in the vicinity of a Major Accident Hazard site