SUBMISSION TO KILKENNY ISSUES PAPER
Information about Keep Ireland Open
KIO is a voluntary organisation whose aim is to lobby for the legal right to reasonable access to the countryside which is the norm in virtually all European countries but is denied to us. Our membership covers a broad spectrum of recreational users of our countryside, rural organisations including An Oige, Scouting Ireland, Catholic Guide of Ireland, An Taisce, Friends of the Irish Environment, Federation of Local History Societies, Irish Hang Gliding & Paragliding & Irish Rural Link. See our web-site: www.keepirelandopen.org.
We are members of Comhairle na Tuaithe.
We make this Submission as a national body but also on behalf of our members living in the county.
The scope of our Submission is limited to access to the countryside and directly related issues.
Other county plans
While you are obliged to take into account plans in adjoining counties, you may care to take into account plans in other counties particularly those within the Southern Regional Authority
RSES We assume that you will liaise with the Southern Regional Assembly in the preparation of the Draft as it seems likely this will completed before the adopt of your Plan.
As our submission is very focused on issues of walking/cycling, public rights of way and better access to the countryside rather than answering the questions therein, we are basing our submission on a critique of the 2014 Plan.
CRITIQUE OF EXISTING PLAN
We presume that you will use this Plan as the basis for the new one as it contains much excellent material. It does, of course, require expansion and updating.
We would respectively point out that the Plan fails to comply with, have regard to/take into account:
Planning & Development Acts
Plans in adjoining counties
Development Plan Guidelines
Heritage Act 1995
The mention of a provision in the Plan, without comment, indicates our support for the wording with appropriate up-dating.
Counties in bold are adjoining and/or counties within the Southern Region
Other county plans
While you are obliged to take into account plans in adjoining counties, you may care to take into account plans in other counties particularly those within the Southern Region
Review of Plans in adjoining counties
We presume that you will be monitoring the reviews of the Wexford Plan which has commenced and that you will liaise with their planners to ensure that the plans are compatible, where appropriate.
FORMAT
Index We submit that you should provide an Index as recommended in the Development Plan Guidelines (5.15). See Clare, DLR, Sth Tipp & Waterford.
Layout We submit that this can be improved by sub-numbering or sub-lettering lists of points and paragraphs. The present layout creates difficulties when referring to particular pts or paras could give rise to problems when referring to particular pts or paras and could make for confusion when considering planning applications and taking enforcement proceedings. We feel that the present layout gives a very woolly feel to the Plan. We really would ask you to revert to the 2008 format. We commend the Laois Plan as an example of a well laid out Plan. Also the Chpt title including its number should be placed on each page.
Appendices
We submit that there should be a Contents section paged as in the Development Plan.
Chapter 1 Introduction
1.6 Policy Context
1.6.6 Ministerial Guidelines and Directives
1.8 Monitoring and Review
1st para
We submit that you should include additional provisions:
1 A list of mandatory development plan objectives is required by the 2000 P & D Act Sec 10, (as amended by sec 7 of the 2010 of the 2010 Planning and Development (Amendment) Act, preferably as an Appendix.
Notes
1 There are 31 pts in all
2 A complete list acts as an aide memoire for the topics to be dealt with in the Plan.
2 A list of National Guidelines relevant to development plans, preferable as an Appendix.
3 The names of adjoining counties
4 The names of counties within the Southern Region
5 The Planning Act and Development Act 2000 Sec 9(6) requires that a development plan shall, as far as practicable, be consistent with national plans, policies, guidelines and strategies.
6 The Planning and Development Act 2000 Sec 15(2) requires a two year Review and that development plans should include a commitment to that effect.
7 The Planning and Development Act 2000 Sec 10.2(as amended) requires that development plans include a statement which demonstrates that the development objectives in the Development Plan are consistent, as far practicable, with the protection and conservation of the environment.
8 The Planning and Development Act 2000 Sec 9(4) requires that the Plan must have regard to plans in adjoining counties.
We submit that you should include Objs:
1 This Plan shall co-ordinate the objectives in this plan with those in the adjoining counties, except where it is considered to be in appropriate or unfeasible and shall take into account any significant likely effects the implementation of the plan may have on the area of any adjoining county. Based on Wicklow 1.4 4th para 1st sentence & Carlow 1.1 1st para 2nd sentence.
2 Actively strive to secure the financial resources to implement the policies and objects of the Plan. Taken from Kerry 1.3 2nd para(7).
We note that rider subject to the availability of financial resources is added to some Objs We submit that where this appears in the Draft it should be deleted as most Objs have financial implications, and it is invidious to single out particular ones.
Chapter 4 Economic Development
4.4.2 Agri-Food
We submit that this should be re-positioned in 6.2 Agriculture as an additional sub sec.
We support the Obj.
Chapter 6 Rural Development
6.2 Agriculture
We submit that you should include an additional para: Farmers will be encouraged to see themselves as custodians of the countryside and the rural landscape which are valuable to present and future generations and provides an amenity for enjoyment of the general population. Based on Cavan 3.5 EDO6 1st sentence & Leitrim 3.7.2 2nd para under Pol 61 & 3.8.7 2nd para 2nd sentence.
Commonage Land
Fencing
We submit that you should include an additional sentence: There has been a large increase in the amount of new fencing in upland areas. Barbed wire has been used in most of this new fencing, which, in the absence of stiles or gates, makes access for recreational users of our countryside almost impossible. Traditional hill-sheep farming rarely required fencing, but since the introduction of AEOS, sheep-farmers must, in certain circumstances, stock-proof their land. The challenge is to ensure that such fencing will be done in a manner that will meet the requirements of AEOS without impinging on access for walkers and other recreational users.
6.2.4 Development Management Standards
All
6.4 Extractive Industries
6.4.2 Development Management Standards
1st to 4th 4th pts
5th pt We submit that this should be replaced by: Prohibit development of aggregate extraction, processing and associated concrete production which would impinge on existing public rights of way, walking routes and satisfactorily address the potential impact on tourist or recreational activities and protect tourism amenities. Based on Carlow 11.16 last para 1st pt & many other counties.
6th pt We submit that this should be deleted as it is already cover in pt 4 last sub pt.
We submit that you should include additional Objs:
1 Applications for new development for aggregate extraction, processing and associated processes, shall identify existing public rights of way and walking routes which may be impacted on are adjacent to the development site. They shall be kept free from development as Rights of Way/Walking Routes. Taken from Cavan 3.8 EDO25.
Note Pending a complete listing of public rights of way, walking routes, as prospective rights of way, should be protected.
2 Protect, conserve, preserve and safeguard recorded monuments and areas in their vicinity, World Heritage Sites, archaeological sites and features and zones of archaeological potential, natural heritage, natural environment, listed views and prospects, geological sites and areas of geological/geomorphological interest and areas of high amenity from the inappropriate development. Applicants must recognise that the aggregates(stone and sand/gravel deposits and mines), concrete products industry have a particularly sensitive role in relation to the environment. Any development of aggregate extraction, processing, delivery must be carried out so that it minimises adverse effect on the environment and visual amenities whether in respect of new quarries or extensions to existing ones. Development will be prohibited if the quality of the environment or landscape, particularly sensitive landscape, is adversely affected or there is a reduction of the visual amenity of areas of high amenity. All working should be landscaped either by the retention of existing vegetation or by screening. A strictly precautionary approach will be taken where designated sites will be affected. Based on
Cork 6.12 EE 12 3 3rd para, Carlow 3.5.7 P 13 1st pt, Kerry 8.2 NR5 6th line, last para 3rd sentence & 13.13 3rd para 2nd sentence, Wexford 6.4.5 EDO 9 1st & last sentences, Laois 8.5 DM69 b) & f), Waterford 10.36.4 2nd sentence & many other counties.
6.5 Forestry
1st para
4th para 1st sentence We would submit that this should be upgraded to an Obj.
last para We submit that this should be upgraded to an Obj and replaced by: Develop, promote, provide, protect, improve and encourage greater public access to new and existing forestry, both state and private, for recreational activities such as walking, cycling, orienteering, horse riding and other non-noise generating activities and the provision of bridle paths, nature trails, as part of connected network of walking and cycle routes in cooperation/consultation with Coillte, the Forest Service, private landowners, local interest groups stakeholders and other agencies. Based on Clare 9.3.9 10c), Limerick 6.11 Obj 031a), Laois 5.10 RUR4, Wexford 15.5 RS 12 & 14, Nth Tipp 4.5 EV27 & many other counties.
6.5.1 Sustainable Forest Management
2nd para
6.5.2 Development Management Standards
1
3 We submit that this should be re-positioned as an Obj and that you should add: or recreational or tourist amenities Taken from Carlow 3.5.12 E.D 18 3rd pt.
Chapter 7 Recreation, Tourism & the Arts
7.3 Recreation and the Countryside
7.31 Outdoor Recreation in the Countryside
We submit that the preamble & the 1st,3rd & 5th pts should be replaced by: Prohibit developments and other activities associated with tourism which are incompatible with the enhancement, preservation, and protection of the environment by strictly controlling all tourism and recreational development that might be detrimental to scenic and heritage assets, proposed designated sites, sensitive landscape and visually vulnerable areas, so that they can be enjoyed and cherished undiminished for future generations. Ensure that development is appropriate to the traditional character of the area and have particular regard to its scale, design, nature, balance and pertaining environment conditions and sensitivity and which would materially detract from visual/scenic amenities or to the visual setting of, or the views to be had significant tourist attractions. They must be sited and designed to the highest quality and standards and must protect environmentally sensitive areas as identified in the LCA. They must be readily absorbed into their surroundings by taking advantage of existing vegetation and/or topography, and be unobtrusive and satisfactorily integrated into the landscape so that they do not have an unduly negative effect on it or damage its integrity either now or at some time in the future. Proposed development must demonstrate that it can be accommodated without damage to the environment, the countryside or general amenities, natural and archaeological heritage features and areas of special amenity or have a negative impact on the appearance and character of landscapes, rivers or forests. Based on Nth Tipp 6.11.2 a) & d), Laois 5.11 TM10 1st sentence 2nd phrase & 28 1st phrase, Limerick 5.5.2 Obj ED 014 & 017 4th line, Carlow 8.3 2nd para 2nd pt, Sth Tipp 5.6.1 last para (ii) & (iii), Wexford 14.4.3 L08 2nd sentence 1st phrase, Cork 8.9 TO 9 1b) & many other counties.
7.3.2 Walking and Cycling
We note that various Objs are scattered about in a somewhat haphazard way throughout the sub sec. We submit that these should be grouped and listed at the end of the sub sec.
1st para last sentence We submit that this should be upgraded to an Obj and replaced by: Create, provide, promote, improve, plan, develop, support, enhance, encourage, extend and facilitate walking, rambling, cycling and horse riding in conjunction the Irish Sports Council and other agencies and by identifying/defining more dedicated walking and cycling routes(named) to enable the creation of a high quality, coherent, integrated and comprehensive dedicated off road countrywide network of cycling/walking routes, footpaths, greenways and tourist trails in rural areas that link communities to key destinations and amenities, including looped walks, local walks, community walks medium/long distance walks, established rights of way, through open spaces, strategic green corridors(including river corridors) and other off-road routes), particularly those with historic connections or associations or other areas of interest. Expand and extend existing routes by utilising links from residential areas to provide access to mountains, lakeshores, rivers and scenic areas. Bring mountain amenities closer to residential communities by promoting the establishment of a network of formal footpaths, off road paths and cycleways that are attractive and facilitate casual walkers and cyclists. Investigate the provision of dedicated cycle and pedestrian routes along routes of high amenity. Based on DPG 3.5 Box 3 B Infrastructure 3rd pt, National Physical Activity Plan App 1 36, Wexford 15.6 Obj RS19 1st phrase, Laois 4.3 NRA21 1st phrase & 5.11 TM20 & 25 2nd phrase & 7.19 LS5, Waterford 6.13 Pol ECD 22 & Obj ECD 5, Limerick 6.10.3 Obj COM 030, Sth Tipp 6.6 SEAHO 5, Carlow 5.3.1 Pol 7 6th & 7th pts, 5.3.2 Pol 8 1st pt 1st line, 8.11.10 Obj 3 1st pt & 8.12 Pol 6 8th pt 1st phrase, Cork 8.7.3 4th line, 10.2 TM 21b) & 13.4.6 2nd sentence, Clare 8.2.9 13d) & many other counties.
2nd para
Obj
3rd & 4th paras
5th para 1st phrase We submit that this should be replaced by: Develop a strategy to underpin the funding for the development and extension and enhancement of walking/cycling trails, Greenways including off-road trails, inter-county waymarked walking and cycle routes through the Action Plan for Rural Development 2017, DoTTS, NTA and associated transport agencies and LEADER. Based on Action Plan for Rural Development 2017 Pillar 3 Action 167, Laois 5.11 TM25 3rd phrase & many other counties
rest of para We submit that this should be replaced by: Create, provide, promote, improve, plan, develop, support, enhance, encourage, extend and facilitate walking, rambling, cycling and horse riding in conjunction the Irish Sports Council, Trail Kilkenny(see hhtp://www.trailkilkenny.ie) and other agencies and by identifying/defining more dedicated walking and cycling routes to enable the creation of a high quality, coherent, integrated and comprehensive dedicated off road countrywide network of cycling/walking routes, footpaths, greenways and tourist trails in rural areas that link communities to key destinations and amenities, including looped walks, local walks, community walks medium/long distance walks, established rights of way, through open spaces, strategic green corridors(including river corridors) and other off-road routes), particularly those with historic connections or associations or other areas of interest. Expand and extend existing routes by utilising links from residential areas to provide access to mountains, lakeshores, rivers and scenic areas. Bring mountain amenities closer to residential communities by promoting the establishment of a network of formal footpaths, off road paths and cycleways that are attractive and facilitate casual walkers and cyclists. Investigate the provision of dedicated cycle and pedestrian routes along routes of high amenity. Support the proposals of the “Trail Kilkenny Development & Business Plan”. Based on DPG 3.5 Box 3 B Infrastructure 3rd pt, National Physical Activity Plan App 1 36, Laois 4.3 NRA21 1st phrase, 5.11 TM20,25 2nd phrase & 7.19 LS5, Waterford 6.13 Pol ECD 22 & Obj ECD 5, Limerick 6.10.3 Obj COM 030, Sth Tipp 6.6 SEAHO 5, Carlow 5.3.1 Pol 7 6th & 7th pts & 8.11.10 Obj 3 1st pt, Cork 10.2 TM 21b) & 13.4.6 2nd sentence, Clare 8.2.9 13d), Kerry 5.3 2nd para 3rd sentence & many other counties.
Obj
6th & 7th paras
Objs
Both
We submit that you should include additional Objs:
Walking
1 Promote and facilitate the continuing development of a regional and local network of Ways and Permissive Access Routes that provide a network of long distance walking, running and hiking trails and routes. Encourage the rerouting of existing trails off public roads. Based on Sth Dublin 9.4.0.3 1st sentence 1st phrase & 2nd sentence & DLR 4.1.2.16 Pol LHB17 1st sentence 1st phrase.
Note In contrast to public rights of way, long distance walking routes exist on a permissive access basis and are not to be confused with designated public rights of way as consent can be withdrawn at any time by the landowner. Taken from Sligo 6.7.4 Permissive Trails.
2 In view of the obesity and diabetes crisis support, improve, develop, expand, upgrade and facilitate Slí na Sláinte routes. These should be waymarked/signposted where feasible. To which you should add: Based on Kildare 6.5 WCO 5 last pt, DLR 4.1.2.16 Pol LHB17 last phrase & Dev 2nd sentence, Westmeath 8.13 O 13 last phrase & Louth 6.7.1 1st para. Also Sth Tipp 6.3.7 2nd para 2nd pt & Laois 10.7 A county Walking Strategy 3rd para 5th pt.
3 Promote walking through the development and expansion of a network of safe walking trails within towns and villages and their environs. Such routes can link with existing waymarked trials, Sli na Slanite and the Green Infrastructure Network and existing or new public rights of way. Taken from Fingal Chpt 5 Obj RF113.
4 Research and map existing network of traditional paths used for leisure purposes to determine their legal status. Taken from Carlow 8.11.10 Obj 3 2nd pt.
5 Employ a full time Walks Officer at an appropriate senior level.
Note Many counties employ one.
6 The Council will co-operate with relevant agencies, both public and private, including the National Trails Office, FI, NWMWAC, Coillte, the Heritage Council, adjoining local authorities and local landowners, to support the development, maintenance and enhancement of hiking/walking routes - particularly in the uplands. Steps to encourage routes may include secure parking and publication of maps. Based on Laois 5.11 TM21 1st sentence & other counties
7 Establish a Recreational Trails Committee to plan, develop and implement a recreational trail network throughout the county in association with relevant stakeholders, landowners and community interest groups and develop a recreational Trails Plan within the lifetime of the Plan. This plan shall set out a coordinated strategic framework for future recreational trail development. Taken from Fingal 6.9 Objs ED66 & 67.
8 Implement the relevant provisions in the DoTT’s Walking Policy when published. Taken from Sligo 8.3 P CW 11.
Note there is a commitment in Smarter Travel 2009-2020 Art 16 last para 1st sentence to publish this.
9 Lobby the appropriate Government Department to agree and implement a scheme to indemnify private landowners with regard to recreational users of their land. Taken from Action Plan for Rural Development 2017 Pillar 3 Act 176.
10 Protect listed walks from development that creates or has the potential to create dis-amenities. Taken from Cavan 9.4.1 2nd para.
11 Take the potential impact of proposed development into account when considering/assessing applications for permission in the vicinity of established walking routes that might impinge on walking routes(including long distance) or potential walking routes. Based on Carlow 5.3.2 Pol 8 8th pt 2nd phrase & other counties.
12 Protect access routes to upland walks and public rights of way. Taken from Laois 5.10 RUR14.
13 Preserve, and protect the integrity of existing public walking and access routes(including long distance walking routes) which contribute to the general amenity by prohibiting the intrusion of development along these routes particularly those in scenic and high amenity areas and along inland waterways. Based on Carlow 5.3.2 Pol 8 7th pt & 8th pt 1st phrase, Cork 10 2 TM 2 1b) & many other counties.
14 Promote, facilitate and encourage the development, enhancement and expansion of safe cycling facilities and cycle routes by facilitating the construction of cycleways. Promote and incorporate the objectives contained within the Government’s National Cycle Policy Framework 2009-2012. Support the development of the National Cycle Network and enhance and maintain these routes with better sign posting, lighting and road surfaces, separation from vehicular traffic. Encourage the development of off-road cycling. Ensure that the upgrading of roads will not impact negatively on the safety and perceived safety of cyclists. Ensure that any dedicated cycle routes which are developed away from the main public carriageway are well lit. Routes should, where possible, follow off-road tracks and quiet country roads. Based on FI’s Strategy for Development of Cycling Tourism Executive Summary(2007) 01 the Mori Survey 3rd pt 4.2.3, DoTT’s NCPF(2009) OO Breadth of Interventions page 7 6th pt on right hand col & 7th & 8th pts, Pol 3.4, Obj 5, Pol 5.6 & Pol 6.2 page 26, Clare 8.2.9 13a), Cork 10.2 TM 2 2d), Carlow 5.3.2 Pol 8 4th & 15th pt, Wexford 15.6 Obj RS26 & 27 1st phrase, Nth Tipp 7.5.8 Obj INF 29 & 31, Waterford 6.13 Obj ECD 5, Sth Tipp 7.1.4 4th para, Kerry 5.4 T23, 5.5 2nd para & many other counties.
Walking & Cycling
15 Support and promote activity tourism through the development of a comprehensive network of greenways, blueways and other recreational opportunities linking parks and public open spaces to regional and national Greenway Networks and work with the NTA, local tourism bodies, FI, adjoining councils and all stakeholders to develop a co-ordinated approach to the selection, delivering and servicing of future greenway to facilitate the spread of parkland into urban areas and to achieve improve external linkages. Protect and promote them and provide linear parks to achieve and improve external linkages and corridors. Based on Action Plan for Rural Development 2017 Table 1 Pillar 3 3rd pt, Sligo 4.4.6 Obj 1.5 3rd box 2nd pt, Kildare 5.19 EO 49, DLR 4.2.2.7 Pol OSR8, Donegal 9.3 Pols CCG P 18 & Laois 4.2 OBJ6.
16 Walking and Cycling will be promoted, facilitated and encouraged in accordance with initiatives contained in “Smarter Travel 2009” by identifying and developing a network of safe cycle routes and footpaths on existing roads, and, in particular, between towns and villages. Ensure, where possible, that cycleways and footpaths are effectively separated from major vehicular carriageways. Provide, promote, improve and extend the network of off road cycle and walking routes on all new road improvement schemes (including regional and local roads, on roads being up-graded, to ensure personal safety, particularly at night and a more convenient, pleasant, attractive environment. Support the installation of infrastructure measures e.g new/wider pavements, road crossings, retrofitted, if necessary, which would facilitate and encourage safe walking and cycling. Based on Laois 6.1.1 TRANS40 & 41, Kerry 5.4 T20, Carlow 5.3.2 Pol 8 13th pt, Wexford 8.3 Obj TO10 last pt 1st phrase, Limerick 6.10.3 Obj COM 029 b), 10 & 11, Cork 10.2 TM 2 2a) & many other counties.
17 Signpost and waymark Walking and Cycle Routes with appropriately designed quality signage and information boards so as to facilitate visitors. Based on Nth Tipp 6.11.3 3rd line, Carlow 5.3.2 Pol 8 12th pt 2nd line, Cork 5.6.13 13th line & many other counties.
18 Exploit the tourist potential of walking, rambling and cycling routes by encouraging and promoting walking and cycling-based tourism for both international visitors and local tourists to attract activity and adventure tourists. Based on Wexford 15.6 Obj RS19 2nd phrase down to county, Carlow 8.12 Pol 6 8th pt 2nd phrase, Kerry 5.3 2nd para last sentence, Cork 8.7 TO 7-4 & many other counties.
19 Seek opportunities for the development of suitable walking
routes, cycle tracks and bridle paths along historic access
routes. Explore the potential of inter-county trails(named)
Based on Action Plan for Rural Development 2017 Pillar 3
Action 200, Leitrim 3.6.3 Obj 29 & Longford 4.5 Mid-Shannon
Wilderness Park(sic) last para,
20 Provide car parking and/or lay-by for walkers and cyclists, (from your local knowledge name important locations) and other appropriate points to facilitate access to amenity/scenic areas from 9am until dark. Based on Kerry 5.4 T-20 3rd line & Laois 5.11 TM20, Nth Tipp 7.5.7 Obj INF 28 7th line & many other counties.
Notes
1 The absence of car parks can cause unnecessary friction between landowners and recreational users.
2 The primary responsibility for the provision of car parking lies with councils
21 Establish new Walkways and cycle routes on a legal and permanent basis. Taken from Carlow 5.3.2 Pol 8 12 pt 1st line.
22 Facilitate the protection of walking and cycling routes. Taken from Cavan 9.4.1 Objs 2nd pt.
23 Ensure that development proposals protect the routes of potential linkages(such as linear parks, footpaths trails, cycleways) through the subject site where the council considers that a strategic opportunity exists to provide a linkage in or between adjoining areas. Taken from Donegal 4.1.3 T P36.
24 See 7.3.5 DMS.
7.3.3 The Rivers Nore, Suir and Barrow
1st para
2nd para We submit that this should be upgraded to an Obj
We submit that you should include additional sub secs:
A RIVER BARROW AND SLANEY
Obj Protect and improve the natural amenity potential and accessibility and work with relevant authorities such as DoEHLG and NPWS to support the development of recreational activities. Taken from Carlow 8.8 Pol 2 6th pt & 8.11.8 Pol 4 2nd pt.
B RIVER BARROW AND NORE
Obj Promote. Taken from Laois 5.13 IX.
7.3.3.1 River Nore
2nd para We submit that this should be upgraded to an Obj.
7.3.3.2 River Barrow
7.3.3.3 River Suir
7.3.4 Riverside Development
We submit that this should be re-located in 8.2.6 Inland Waters, Rivers, Streams, Wetlands and Groundwater.
1st pt
2nd pt We submit that this should be replaced by: Improvements to access will be taken into account when considering development proposals that increase, secure, improve and enhance public access, including the development of walking/cycle routes to inland waterways, including regional/linear parks and river valley landscapes and encourage development proposals that would maintain an appropriate width of the riparian zone. Based on Carlow 8.11.8 last sentence (a) & (c), Wexford 14.4.3 LO8 1st sentence 1st phrase, Clare 14.3.11 f) 1st & 2nd pts & other counties.
5th pt We submit that this should be replaced by: Protect the amenity and recreational value of walking and cycling routes by prohibiting the intrusion of development along public walking routes and public rights of way. Based on Westmeath 5.16 P RLC14 2nd sentence & Carlow 5.3.2 Pol 8 7th pt,
last pt
7.3.4.1 Developments associated with Water Sports
1st & 2nd paras
7.3.5 Public Rights of Way
Text
1st para 1st sentence We submit that this should be replaced by: A PROW or highway is a physically defined route over which the public have a right of passage even if the route is not in public ownership. It is described as “a user as of right” and confers an unrestricted right of the general public to pass and repass at all times of the day or night and at all seasons without notice to, or permission from the landowner. Based on Sligo 6.7.4 Public rights of way 1st para last sentence & Wicklow Vol 1 10.3.8 2nd para 2nd & 4th sentences.
4th & 5th sentences
2nd para We submit that:
A down to way in line 2 should be upgraded to an Obj and replaced by: Recognizing the importance of maintaining public rights of way public rights especially in tourist areas and those which provide access to archaeological sites, National Monuments, lakeshores, riverbanks, upland areas, water corridors or other places of natural beauty or recreational utility and to encourage cycling and walking and maintain, preserve, protect, conserve, enhance, support, promote and improve them for the common good. Ensure that they are effectively maintained by controlling undergrowth, trees and bushes. Based on Laois 7.21 PRW1 1st sentence, Cork 13.4.6 2nd sentence 1st phrase & many other counties;
B that the rest of the para should be replaced by: In accordance with the provisions of either Sections 206 or 207 of the Planning and Development Act 2000 encourage and facilitate the creation of additional rights of way and extend existing ones by investigating named areas to facilitate the development of waymarked ways and looped walks, by undertaking a review/survey of green links and cycling routes and by bringing forward proposals within two years of the adoption of the Plan, either by agreement or by the use of compulsory powers, for the creation of public rights of way particularly in areas of high amenity and recreational importance and to the Rivers Nore, Suir and Barrow, the uplands, lake shores, river banks, forests, heritage and scientific sites, areas of historic or archaeological importance, National Monuments, to create a meaningful network. Promote their greater use and provide linkages from built up areas to the countryside and to link with public rights of way in adjoining counties. Based on Kerry 9.10 last para, Carlow 8.12 Obj 4 1st pt & Pol 6 1st pt 1st line & 6th pt, Sth Tipp 6.3.7 Pol AEH10, Nth Tipp 8.3.5 Pol HERT 18, Limerick 6.10.3 Obj COM 030, Laois 7.21 PRW3 & 13.12 P93 & many other counties.
We submit that you should include additional paras:
1 Public Rights of Way have existed over the centuries and constitute an important recreational amenity for local people and visitors and an economic and social asset. They enable the enjoyment of high quality landscape, natural and archaeological heritage and provide links to valuable such as lakes bogs and forests and places of natural beauty. Council recognises the importance of protecting and maintaining them. Based on Clare 8.2.12 1st sentence, Wexford 15.9 1st para, 2nd sentence, Cork 13.4.6 1st sentence and many other counties.
2 The 2010 Planning and Development (Amendment) Act Sec 7(b)(ii)(o) requires that: The preservation of public rights of way which give access to seashore, mountain, lakeshore, riverbank or other place of natural beauty or recreational utility, which public rights of way 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 development plan. Taken from Wexford 15.9 2nd para 1st & 2nd sentence.
3 It is intended that listing and mapping will preserve Public Rights of Ways for recreational purposes for current and future generations. Taken from Kerry 9.10 2nd para last sentence.
4 We submit that the listing of public rights of way is an urgent matter as the lack of certainty on access has not only affected the rights of local people but has been the major cause of the failure of walking tourism to reach its full potential.
5 There is an excellent modus operandi for listing taken from Wexford 15.9 RS 35: Identify the existing public rights of way which give access to seashores, mountains, lakeshores, riverbanks or other places of natural beauty or recreational activity using the following methodology:
Place an advert in local papers seeking submissions from the public to identify public rights of way which give access to seashores, mountains, lakeshores, riverbanks or other places of natural beauty or recreational utility.
Identify existing rights of ways, paths, and access points to seashores, mountains, lakeshores, riverbanks or other places of natural beauty or recreational activity.
Identify access points to seashores, mountains, lakeshores, riverbanks or other places of natural beauty or recreational activity which the Council have maintained or repaired with a view to identifying public rights of way.
Carry out a desktop analysis of public records, maps, aerial photographs and newspaper accounts to identify reputations of public rights of way.
Once the list is compiled, advertise and put it on display. The public will be invited to make submissions on the validity of the public rights of way.
Endeavor to verify and list the public rights of way and begin the formal process for designating rights of way under Section 14 of the Planning and Development Act 2000 (as amended).
Vary the Plan to include the list and map showing the public rights of way.
6 Carry out further research regarding the identification and mapping of other potential public rights of way. Such research will be carried out in consultation with elected representatives, members of the public, recreational organisations, relevant statutory bodies, landowners and farming organisations for consideration for inclusion of any further identified public rights of way by way of variation in accordance with Sec 13 of the Planning and Development Act 2000(as amended). Part of such project may give rise to proposals for the creation of new public rights of way and/or extending /re-routing of existing public rights of way in accordance with respective provisions of either Secs 206 or 207 of the Act. Taken from Wicklow 1Vol 1 0.3.8 NH 47. Also Kerry 9.10 last para last sentence.
Development management standards
We submit that:
A The reference to walking routes should be re-positioned in 7.3.2 Walking and Cycling and merged with proposed additional Obj 24;
B We submit that you should add: Prohibit development and keep free from obstruction public walking routes and public rights of way, particularly those at mountains, lakeshores, riverbanks or other places of natural beauty or recreational activity and take legal action if necessary, to prevent any attempt to close them off. Based on Wexford 15.9 Obj RS36, Laois 7.21 PRW2 2nd phrase & other counties.
Objs
All
We submit that you should include additional Objs:
1 Provide and where necessary improve signposting and waymarking on all public rights of way. Based on Carlow 8.12 Obj 4 last pt, Laois 7.21 PRW4 & other counties.
Note It is most important that public rights of way are marked on the ground because:
1 Walkers need to know of their existence to encourage usage
2 Signage would alert local residents to planning applications affecting the integrity of rights of rights of way
3 Directional signage during the course of the route would prevent involuntary trespass on private property and prevent walkers getting lost which might impinge on walker safety.
2 Protect and promote Greeenways and consider designating them as public rights of way. Taken from Laois 7.21 PRW5 1st phrase.
3 Identify and map on an ongoing basis public rights of way and incorporate them in the Plan by way of a Variation. Where appropriate links to established public rights of way in adjoining counties will be identified. Taken from Westmeath 7.15 O 1.
4 Designate Pilgrim Paths as public rights of way.
Note: We submit that as these Paths have been walked for many centuries their case for designation is surely irrefutable.
5 Identify mass paths and routes to holy wells, mass rocks and penal mass stations and consider designating them as public rights of way
6 Look favourably on planning applications which include proposals to improve the condition and appearance of existing rights of way. Taken from Laois 7.21 PRW5 2nd phrase & Carlow 8.12 Pol 6 7th pt.
7 Existing Public Rights of Way and established walking routes shall be identified prior to any new forestry planting, new infrastructural, energy/telecommunications or golf course developments. Taken from Kildare 14.12.2 RW 3. Also
Carlow 8.12 Pol 6 3rd pt & Laois 7.21 PRW7.
8 Development will not be permitted where a public right of way might be prejudiced, unless specific arrangements are made for suitable alternative linkages and that the developer can demonstrate that the level of amenity is maintained by:
(i) the footpath/bridleway being diverted by the minimal practical distance and the route continues to be segregated from vehicular traffic;
(ii) Appropriate legal procedures have been undertaken to extinguish the existing right of way and to establish the new right of way to replace it.
(iii) the diverted route is of at least equal character and convenience. Based on Laois 7.21 PRW6 & other counties.
9 The Council will utilise its relevant statutory powers to preserve as practicable the character of listed public rights of way. Taken from Wicklow Vol 1 10.3.8 NH46 1st sentence.
7.7.2 Noise Generating Sports
last para We submit that this should be upgraded to an Obj.
We submit that you should include an additional sub sec: Golf Courses
Obj Identify public rights of way and walking routes prior to development. Based on Sth Dublin 11.5.5(ii) last para & Kildare 14.12.2 RW 3 4th line.
Note Recreational users and golfers don’t mix! While there are rights of way over golf courses, they are not satisfactory as walkers run the risk of being hit by golf balls and golfers are distracted by people talking and moving about.
7.9 Tourism
We submit that it should be divided into Sub secs:
A Recreation
B Tourism
C Recreation & Tourism
A Recreation
We submit that it should include Objs:
1 Support development in co-operation with various stakeholders to maximise, promote, preserve, improve, enable, encourage public access to riversides, uplands and other areas that have been traditionally used for outdoor recreation and extend recreational amenities in accordance with the National Countryside Recreation Strategy. Based on 2000 Planning and Development Act Sec 10(2)(j), Sligo 4.4.6 8th pt & 6.7.4 P 0R 14 1st sentence 1st phrase, Kildare 14.12.1 CR 1, Galway 10.11 Pol RA 1, Meath 4.6 POL 40 & Westmeath 3.14 P 7 down to recreation on line 3.
B Tourism
2 Encourage, enable, support, facilitate, realise the potential of and promote rural tourism by the provision, development and expansion of such activities as walking, cycling, mountain and other off road biking, bridle paths, painting, photography, field studies, hill walking, adventure sports, hiking, back packing, rowing, orienteering, swimming in waterways, boating, bird watching, heritage, nature and wildlife trails, hang and para gliding, canoeing and kayaking, caving, mountaineering, rock climbing pony trekking, archaeological guided walks and eco-, geo- & green-tourism. All activities will be co-ordinated with adjoining counties. Based on Wexford 7.4.5 Obj TM19 1st phrase, Carlow 8.8 Pol 2 4th pt 1st phrase & many other counties.
3 Protect and conserve natural heritage features and seek to restrict development which would be detrimental to scenic and natural assets. Taken from Westmeath 3.14 P 4.
C Recreation and Tourism
4 Promote and encourage the recreational use of rivers and the development of blueways which provide opportunities for walkers, cyclist and canoers for local people and visitors. Taken from Wicklow Vol 1 7.4 T34 1st sentence.
7.9.2 The Tourism Product
We submit that this should be re-entitled: The Visitor Experience
4th para
We submit that you should include Objs:
1 Deliver a County Tourism Strategy which will include objectives of promoting rural recreational activities and access to natural geological and archaeological heritage, the coastline, forestry, inland waterways, islands and the countryside generally. Taken from Leitrim 2.2 Pol 1.
2 Safeguard tourism assets from encroachment by inappropriate development. Taken from Sth Tipp 5.6.1 last para (iv).
7.9.2.2 Trails in Kilkenny
7.9.3 Integrated Rural Tourism
All Text
Development Management Standards
1st pt We submit that:
A this should be upgraded to a Obj;
B the reference to eco-tourism in line 2 should be re-positioned in 7.9 Tourism and merged with proposed Obj 2;
C the reference to agri-tourism in line 3 should be included in an additional sub sec: Farm-based Tourism as an Obj;
D the examples of agri-tourism should be strictly limited to on farm activities and that activities mentioned after health farms on line 4 should be re-positioned in 7.9 Tourism in proposed Obj 2.
We submit that you should include an additional sub sec:
Farm-based Tourism
Objs
1 Encourage, enable, support, facilitate and promote the provision, development and expansion agri-tourism including farmhouse accommodation, open/pet/health farms and horse trekking centres. Based on Wexford 7.4.5 Obj TM19 1st phrase, Cork 5.615 16th line, Carlow 8.8 Pol 2 4th pt 1st phrase, Kerry 4.8 ES 28 last pt 1st phrase & many other counties.
2 Ensure that all built elements of agri-tourism protect and conserve the landscape and the natural environment and are appropriately located, screened, designed and satisfactorily assimilated into the landscape and do not have an unduly negative impact on the visual/scenic amenity of the countryside or natural heritage and that they will not take away from the rural character and appearance of the area. Buildings in visually sensitive areas must address the surroundings. Based on Kerry 5.14 T59 2nd line, 60 2nd line & 62 2nd last line, Nth Tipp 4.4.3 Pol ENV 22(a) & (d), Wexford 6.4.6 Obj ED19 2nd phrase & many other counties.
Chapter 8 Heritage
Strategic Aim
8.1 Introduction
Text
Obj
We submit that you should add: within one year of the adoption of the Plan.
Reason: We have to say that it is not all satisfactory that the Heritage Office should be working in a vacuum with no formal structure. Kilkenny is quire unique in its failure to adopt of a Heritage Plan. This has the effect of depriving the general public and NGOs from any formal input into the activities of the Heritage Office.
8.2 Natural Heritage
We submit that you should add Environment & Amenities to the title.
1st para
2nd para While we support the 1st & 2nd sentence, we submit that you should delete the last sentence.
Reason
There are different opinions on the desirability of economic growth unless it is environmentally sustainable. We submit that such a statement should have no place in a county development plan. Also the importance of protecting our Natural Heritage has already been covered in the 1st sentence.
last para We submit that
A this should be upgraded to a Strategic Obj;
B you should replace sustainable by appropriate.
We submit that you should include additional Objs:
1 Recognizing the role played by natural amenities and landscapes as major resources for visitors and local people and as part of our heritage, identify, provide, support, maintain, actively promote, encourage, protect, preserve, improve, safeguard and enhance public access to heritage sites and features, natural heritage and amenities including Natura 2000 sites, nature reserves mountains, uplands, moorlands, forests, rivers, lakes, valleys, scenic areas, areas of natural beauty and other natural amenities for activities such as mountaineering and hill-walking which have been traditionally used for outdoor recreation and to the countryside generally, by creating a meaningful network of access routes as the opportunity or need arises and by designating traditional walking routes thereto as public rights of way. This will be done in co-operation with state agencies, landowners, community groups other interested bodies and local community groups. Based on Laois 4.3 NRA6 1st phrase & 9 & 5.11 TM29 1st phrase, Wexford 15.5 RS 12, Sth Tipp 6.3.7 Pol AEH10, Carlow Chpt 8 Natural Heritage 2nd pt & many other counties.
2 Prohibit intrusive development that would detrimentally impact on natural heritage which could or might have a negative impact on natural amenity assets or natural heritage features or night unduly damage or take away from its character. Promote appropriate enhancement of the natural environment as an integral part of development. Engage with stakeholders, including local communities, to protect, conserve, preserve, manage, enhance, safeguard, facilitate, maintain and, where appropriate restore, visual and scenic amenities, the quality and character of the natural heritage, natural heritage features and natural environment including rivers, streams and other waterways, wetlands, woodlands and forests, scenic areas and the general amenity of the countryside and in recognition of its importance as a non-renewable resource, from intrusive development that would detrimentally impact on them, for the benefit and enjoyment of future generations while maximising the recreational amenity, tourism potential and quality of life for present generation by the provision of visual relief from the built environment. Avoid unnecessary harm and reduce its effect where it cannot be avoided by replacing like with like. Based on DPG 3.5 Box 3 Environment, Heritage & Amenities last pt, 2000 Planning & Development Act Sec 10.2 ©, Cork 13.6 GI 6 1(a), Waterford Green Infrastructure 8.18 Pol NH 2, Carlow 8.3 2nd para 2nd pt, 8.8 Pol 2 last pt & 9.1 Pol 1 2nd pt, Kerry 5.1 T 4 & many other counties.
8.2.2 Green Infrastructure
We submit that you should include additional Objs:
1 Provide, develop and promote an attractive and integrated safe network of paths and cycle tracks in order to facilitate retain, improve and enhance accessibility to Green Infrastructure linking key green space sites, green corridors, parks and open spaces and heritage asset, to improve quality of life for both visitors and inhabitants and ensure the provision of recreational amenities. Require the integration of Green Infrastructure in all areas of public space. Conserve, enhance, manage, protect, facilitate, encourage and improve the green infrastructure network, in consultation with relevant stakeholders. Based on Clare 14.4.27a) 1st phrase & many other counties.
2 Protect, conserve, maintain, manage, facilitate, improve and enhance the green infrastructure network in consultation with relevant stakeholders by resisting and restricting development that would damage, degrade, fragment or prejudice it and recognise its health benefits and environmental value through the integration of GI planning and development in the planning process. Based on Laois 7.12 NH9 1st phrase, Kerry 10.9 NE 42, Wexford 14.3.2 1st sentence 1st phrase & many other counties.
3 Ensure green infrastructure protection and provision promotes pedestrian access and cycling. Taken from Fingal 8.2 Obj GI07 1st phrase.
8.2.4 Geological Heritage
Development management standard
1st phrase
2nd phrase We submit that this should be replaced by: Provide, promote, encourage, facilitate and support access and public rights of way to geological and geo-morphological features. Based on Monaghan 7.4 RAO 9, Fingal 9.3 Obj NH 31, Louth 5.6 HER 9 & DLR 4.1.3.10 last para.
We submit that you should include an additional subsec: Eskers
Objs
1 Increase cycling and pedestrian access and maintain esker heritage. Taken from Westmeath 5.10 2.
2 Protect, preserve and conserve the landscape and natural heritage and geo-diversity values of esker systems from inappropriate development. Ensure that any plan or project affecting eskers is adequately assessed with regard to their potential impact on the environment. Taken from Laois 7.22 ESK1.
8.2.5 Woodlands, Trees and Hedgerows
We submit that you should include an Obj: Manage and promote the preservation of the existing network of woodlands as they contribute to landscape character and landscape conservation and protect them from development that would impact adversely impact on them. Based on
Sligo 7.1.5 P WTH 1 1st sentence, Wicklow 10.3.3 NH14 1st phrase, Fingal 9.2 Obj NH27, Laois 7.13 NH22 1st phrase &
Kildare 13.10.1 GI8 1st phrase.
8.2.6 Inland Waters, Rivers, Wetlands and Groundwater
We submit that Wetlands and Groundwater should be deleted and re-positioned as follows:
A Wetlands should be dealt with in an additional sub sec;
B Groundwater should be dealt with in Chpt 9 Infrastructure & Environment 9.1 Water services.
If you agree then all references to these topics should be re-positioned.
1st to 3rd paras
4th para 1st & 2nd sentences We submit these should be upgraded to an Obj, merged and replaced by: Recognising the importance of inland waterways, both navigable and unnavigable, work with State Agencies, landowners, local communities and other relevant groups/stakeholders to protect, manage, maintain, preserve, conserve and enhance rivers, river valleys, streams, lakes, springs and associated undeveloped riparian strips/zones, buffer zones distinctive linear sections of water corridors, canal and river banks and river valleys from degradation and damage and the visual impact of dispersed and highly visible development that could adversely affect them by compromising their visual integrity, natural heritage, aesthetic, biodiversity or landscape values or their natural characteristics and features and recognise and promote them as natural environmental assets and key elements in the green infrastructure and maintaining free from inappropriate development. Keep them in an open state and in a natural condition by discouraging culverting or realignment and in certain instances by uncovering existing culverts. Based on Laois 7.16 NH 31 & 35 & 7.19 LS28 2nd sentence 1st phrase, Clare 14.3.11 14a), Kerry 10.7.1 NE 36, Wexford 14.4.3 L03, Carlow 9.1.7 Obj 3 1st pt & many other counties.
last sentence We submit that this should be replaced by: In partnership with the NPWS, WI, Councils, community groups and other relevant stakeholders, identify, provide, preserve, protect, promote, encourage, enhance, develop, facilitate, increase and improve public access to and around lakes, to the Barrow, Nore and Suir rivers, canals and waterway corridors (including rivers and streams). Require that land adjacent to river and canal banks and lakeshores be reserved/preserved for public access by preserving an undisturbed edge or buffer zone between new development and river corridors and other water bodies. Based on National Heritage Plan 4.17, Laois 7.19 LS28 1st sentence, Sth Tipp 6.3.4 Pol AEH7, Carlow 8.8 Pol 2 5th pt 1st line & 9.1.8 Obj 4 2nd pt 3rd line, Limerick 6.12 Obj COM O32a) & c), Wexford 15.5 RS 12 2nd line, Clare 14.3.11 14 d) 1st phrase, Waterford 8.23 Pol NH 16, Nth Tipp 8.4.11 HERT 31a & many other counties.
We submit that you should include a Table of existing or potential riverside and lakeside walks/cycle routes. See Carlow 8.11.10 7 8th line.
We submit that you should include Objs:
1 Provide, create, protect, maintain and facilitate trails, preferably off-road, for walking, cycling and land-based activities (including wildlife/bird watching and other non-noise generating recreational activities) as amenity for visitors and local people focusing on linear features such as canal and river banks and walking paths of canals and other waterways including rivers(named, in co-operation with landowners, WI, NPWS, Government Departments, community groups other Councils and all stakeholders. Encourage the retention of existing walkways along lakes and rivers. Based on Longford 6.2.2.7 ILW 9, Leitrim 3.6.3 Obj 29, Kildare 5.24 ECD 46, 14.12.1 CR 7, Westmeath 5.16 P 14 2nd sentence & Cavan 8.9 NHEP21 7th pt.
2 *Seek to ensure that new development will not have a negative impact on established walking routes along inland waterways. Taken from Kildare 14.12.2 RW 2.
*It would be better if seek to was omitted.
3 Protect, enhance and improve existing public rights of way and where possible, provide additional access to inland waterways including lake shores, river and canal banks, through the acquisition of land for public rights of way, through agreement with existing landowners. Taken from Longford 6.2.2.7 ILW 5 1st sentence & 6.
4 Provide, create, protect, maintain and facilitate trails, preferably off-road, for walking, cycling and land-based activities (including wildlife/bird watching and other non-noise generating recreational activities) as amenity for visitors and local people focusing on linear features such as canal and river banks and walking paths of canals and other waterways including the Nore, Barrow and Suir rivers, in co-operation with landowners, WI, NPWS, Government Departments, community groups other Councils and all stakeholders. Encourage the retention of existing walkways along lakes and rivers. Based on Longford 6.2.2.7 ILW 9, Leitrim 3.6.3 Obj 29, Kildare 5.24 ECD 46 & 14.12.1 CR 7, Westmeath 5.16 P 14 2nd sentence & Cavan 8.9 NHEP21 7th pt.
5 In areas adjacent to inland waterways, including lakes canals and rivers, where planning permission is sought, conditions may be attached requiring the retention of or creation of public access to facilitate the creation of or expansion of walking/cycling routes. Based on Longford 5.1.3 2nd para 1st sentence & 6.2.2.7 ILW5 2nd sentence. Also Kerry 5.3 T18.
6 Reserve, where feasible, land along riparian corridors and land adjacent to river banks and lakes to provide public access to facilitate the creation of linear parks and to facilitate the provision of walking/cycling routes along canals and watercourses. Promote and facilitate the creation of waterside linear parks to link with existing parks and open spaces. Require that development along rivers set aside land for pedestrian recreational routes. Based on Carlow 8.8 Pol 2 5th pt 1st phrase & many other counties.
Development management standards
8.2.7 Peatlands
Text
Development management standard
8.2.10 Landscape
1st to 3rd paras
4th para We support except the last sentence which should be upgraded to an Obj.
We submit that you should include Objs:
1 Provide public access to interesting and attractive landscape or to semi-natural areas. Taken from Fingal 9.2 High Amenity Zoning last pt.
2 Where possible secure access to commonage and other hill land. Taken from Sligo 7.4 P CAP 7.
3 Protect, conserve, preserve, maintain and enhance the visual integrity, uniformity, regional distinctiveness, character, scenic quality, amenity and recreational values and the visual quality of areas of important and outstanding, highly sensitive, natural, unspoilt and open landscapes, scenic areas, high amenity areas and the environs of archaeological or historic sites from intrusive, inappropriate, injurious or unsympathetic developments and reinforce their character and distinctiveness by prohibiting development where it would be injurious to or detract from natural amenities. Maintain the visual integrity of areas of exceptional value and high sensitivity. Based on
Nth Tipp 4.2 Key Landscape Aims (ii) & 4.2.1 ENV 3 (d),
Kerry 6 Tourism Overall Obj T 6 2, Cork 8.2 TO 2 1, Sth Tipp 6.3.1 Pol AEH4 1st sentence, Carlow 8.3 2nd para 2nd pt & many other counties.
8.2.10.1 Landscape Character Assessment
Text
Obj
8.2.10.2 Landscape Character Types
8.2.10.3 Landscape Character Areas
8.2.10.4 Landscape Character Values
8.2.10.5 Landscape Character Sensitivity
Figure 8.2 Landscape character assessments
Figure 8.3 Landscapes sensitivities
8.2.10.6 Views and Prospects
Text
Obj: We submit that this should be merged with Dms 9th pt and should be replaced by: Protect, preserve, safeguard, improve, enhance and conserve the character and quality of views, focal points and prospects as identified in Appendix H, and visual linkages between established landmarks and landscape features and designated Scenic Routes, or on views to and from places of natural beauty or interest to recorded monuments or when viewed from the public realm and particularly from adjoining public roads(although not restricted thereto) and river valleys, to or from the lakes, lakeshores, rivers, canals, unspoilt mountains, uplands, historic sites, views of historic significance, natural beauty, of high or special amenity value or interest by prohibiting intrusive and insensitive levels development that would interfere with the character and visual amenity of the landscape or adversely affect tourism and structures and eyesores and by ensuring that structures or other developments do not seriously obstruct these views. Applicants must specify materials to be used demonstrate that proposed development does not negatively impact on the character of a scenic route and that the views towards visually vulnerable or sensitive areas are not obstructed or degraded. Protect scenic amenity routes from insensitive development by integrating them into landscape areas. Curtail development along river banks that could cumulatively affect the quality of a designated view. Applicants in the environs of a scenic route and/or an area with important views and prospects must demonstrate that there be no adverse obstruction or degradation of views towards and from vulnerable landscape features and that the design, site layout and landscape of the proposed development must be appropriate, along with mitigation measures, to prevent significant alterations to the appearance and character of the area. Due regard will be paid in assessing applications to the span and scope of the view/prospect and the location of the development within that view and prospect. Ensure that developments in river valleys will not adversely affect or detract from protected views (especially from bridges) or distinctive linear sections of river valleys(including floodplains when viewed from settlements. In evaluating planning applications in the foreground of protected views and/or prospects consideration will be given to the effect of such development. Careful management and special controls will be attached to permissions to maintain their inherent interests. Encourage appropriate landscape and screen planting for existing or proposed developments along scenic routes. Based on Limerick 7.3.7 j EH 017 (a) & (c), Cork 13.7 GI 7 1 & 2 & 3a), Waterford 8.1, Laois 7.20 AV1 & 2, Nth Tipp 4.2.1 ENV 3 & 4.2.2 ENV4 (a) & (b) & 4.2.2 para under Pol: (b), Carlow 9.1 Pol 1 10th pt, Clare 13.5 7a) to (c), Sth Tipp 6.32 Pol AEH 5 & many other counties.
Development Management Standards
1st to 8th pts
9th pt We submit that this should be merged with Obj.
We submit that you should include additional sub secs:
A National Parks
Obj
Promote the designation of Brandon Hill as a National Park. Based on Longford 4.5 TOU 18 & Westmeath 3.16 O 5.
B SAAO
Obj
Actively propose the designation of Barrow Valley and Canals as a Special Amenity Area and seek an Order to that effect as per section 202 of the Planning and Development Act 2000(as amended) and undertake a feasibility study to report on other areas considered worthy of designation to report within one year of the adoption of the Plan. Based on Kildare 14.8.5 WC 7, Laois 7.19 LS39 & other counties.
Note Orders have already been made covering the Liffey Valley, the Howth peninsula (both in Dublin) and Bray Head (in Wicklow). By all accounts they are working very well.
C Wetlands
Objs
1 In partnership with the NPWS, WI and other stakeholders facilitate public access to wetlands and support and protect the recreational, tourism and amenity potential of wetlands and provide for an intrinsic network. Based on Kerry 10.6 NE 29, Carlow 9.1 Pol 1 7th pt, 2014 Plan 8.2.6 last para last sentence & other counties.
2 Ensure that the impacts on archaeology are taken into consideration when assessing development proposals involving drainage or loss of wetlands and protect, conserve, manage and enhance existing wetlands(including fens, estuarine marshland and turloughs) which are vital green infrastructure, from destruction, infilling, fragmentation, degradation and other inappropriate development and seek to protect and conserve their quality, character and features by controlling adjacent development by use of buffer zones. Taken from Clare 14.3.11 14a) & 14.3.18 19, Limerick 7.2.6 Obj EH03(a), Kerry 10.6 NE 28 & many other counties.
D World Heritage Sites
Text
1 The protection of the world’s heritage is of high importance for present and future generations. The state is committed to the identification, protection, conservation, presentation and transmission of its World Heritage Sites in accordance with Art 4 of the World Heritage Convention. Taken Clare 14.3.20 1st para.
2 The designation of a site as a WHS has huge significance for international tourism.
Obj
Support and promote the candidature (of named) for inclusion in the “Tentative List”. Taken from Kerry 5.12 T 55.
8.3.1 Archaeological Heritage
Text
We submit that you should include Objs:
1 Recognising the importance of archaeology and National Monuments as part of our heritage and an important element in long term economic development, promote, enhance, facilitate, encourage, support, improve and protect public access to National Monuments, Archaeological Sites, castles, sites of historic interest and to archaeological landscapes, in the direct ownership, guardianship or control of the Council, and/or the State or private ownership, including those listed in the RMP, in co-operation with landowners and promote walking routes thereto. Information on access to sites will be made be available on the Council’s web-site.(Insert address). Based on Laois 7.4 1 OBJ1 & 2 1st sentence & 7.9 ARC 12, Kerry 5.12 T 53, Carlow 8.5.2 Obj 2, 9.2 2nd para last sentence & Pol 3 4th pt, Wexford 14.5 AHO6 1st phrase & 09 & many other counties.
2 Traditional access routes will be designated as public rights of way. In other cases, routes will be acquired by agreement with landowners or by way of compulsory powers. Taken from Laois 7.4 OBJ2 2nd & 3rd sentences.
3 Recognising that archaeology is an important element in long term economic development by promoting, protecting, through the planning process, supporting, conserving, sympathetically enhancing, preserving, managing and safeguarding for present and future generations, in consultation with the DoAHG and other relevant bodies, archaeological heritage as defined in the Heritage Act, including the intrinsic value, character, amenity, visual integrity, context and settings of National/Recorded Monuments, Zones of Archaeological Notification or newly-discovered archaeological sites and/or sub-surface archaeological remains, of known and unknown archaeological areas(including areas or zones of archaeological potential and areas of special archaeological interest), sites and features(and their settings, either above or below ground), in the ownership or guardianship of the State or the Council, including those identified in the RMP, RHM & SMR, castles, monuments and features of historic interest National Monuments that are the subject to Preservation Orders by prohibiting development which might be In general, developments within or adjacent to sites or which might affect them and in particular those within a 20m radius of National Monuments included in the RMP and Zones of Archaeological Potential will not be permitted and proposed development within 75m will be discouraged. Extend this protection to cover additions or alterations that may arise during the adoption of this Plan and impose conditions on development that might impact on sites of archaeological potential to ensure that appropriate measures are taken and that archaeology is suitable integrated into new development in co-operation with the relevant Government Department. Developments which would injure or affect the settings and character of sites or which would be seriously injurious to their cultural value, will be prohibited within areas of archaeological potential and within close proximity of recorded monuments and they will take account of the archaeological heritage of the area and will take cognisance of the potential for subsurface archaeology. Because development can impact on the visual appreciation, setting and amenity of recorded monuments these impacts should be adequately assessed, and where possible, eliminated or minimised. Based on 2000 Planning & Development Act Sec 10(2)(c), European Convention for the Protection of Archaeological Heritage, Valetta 1992(ratified by Ireland) & First Sch Part IV 6, DPG 4.26 1st para 3rd line & 4.27 1st pt, Nth Tipp 8.4.6 HERT 26, Limerick 7.5.2 Obj EH 025 to 27, Laois 7.4 OBJ3 & 7.9 ARC5 & 9, Cork 8.2 TO 2 1, 12.3 HE 3 1a) & b) 3 3 & 12.3 ENV 3 3, Carlow 9.2 Pol 3 1st pt & 3rd pt 1st phrase, Sth Tipp 6.4.3 Pol AEH13,
Clare 15.4 15.8a) & 9, Wexford 14.5 AH01 & many other counties.
Development management standards
1st to 3rd & 5th pts
8.3.4 Historic Graveyards
Text
1st, 2nd & 3rd para 1st sentence
2nd sentence We submit that this should be upgraded to an Obj and replaced by: Provide public access to graveyards. Taken from Westmeath 5.33 P 4 last phrase. Also Wexford 14.6.3 Obj GO1 1st phrase.
We submit that you should include an additional Obj: Protect, preserve, enhance, conserve and maintain archaeological/historic graveyards and historic burial grounds(including those identified in the RPM and encourage and promote local involvement and community stewardship in the care, maintenance, management rehabilitation and conservation of these graveyards in accordance with legislation, best conservation and heritage principals and best practice guidelines. Maintain all burial grounds in the Council’s charge in good condition. Based on Laois 4.2.4 BG3, Limerick 6.7 COM O18, Carlow 8.13 Pol 7 1st & 2nd pts & 9.2 Pol 3 6th pt 1st sentence, Clare 15.4.12, Waterford 8.39 Pol AH 16, Kerry 9.11 SC 54, Cork 12.3 HE 3 5, Wexford 14.6.3 Obj GO1 & many other counties.
We submit that you should include an additional sub sec: Mass Rocks
Obj
Preserve, protect and, where necessary, enhance mass rocks and holy wells. Taken from Nth Tipp 8.4.5(iii).
Chapter 9 Infrastructure & Environment
9.3.2 Grid Development Management Standards
1st para 3rd to 5th & last pts.
9.4.2.1 Telecommunications Antennae Development Management Standards
1st para
2nd para (i) & (ii)
3rd para We submit that this should be replaced by: Existing Public Rights of Way and established walking routes will be identified prior to any new telecommunication developments(including associated processes) which will be prohibited if they impinge or impact thereon or on recreational amenities or public access to the countryside. Based on
Laois 6.6.5.2 TELE10, Wexford 9.3.1 Obj TC07, Carlow 6.1 Pol 7 pt & many other counties.
Note Pending a complete listing of public rights of way walking routes, as prospective rights of way, should be protected.
4th & last paras
9.4.2.2 Telecommunications Antennae Objective
Chapter 10 Renewable Energy Strategy
10.5.3 Development Management Guidance
Figure 10.2 Wind Energy Development Strategy
Pre-planning public consultation
Landscape Impact Assessment
10.5.4 Wind Energy Policy Areas
1st & 2nd paras
(b) Autoproducer
1st para
2nd para 3rd pt
© Small-Scale Wind Energy Developments
3rd pt
(d) Large-Scale Wind Energy Developments
1st para
We submit that you should include Objs:
1 Identify existing public rights of way and established walking routes and maintain them free from development, preserve them as public rights of way or walking routes. Taken from Cavan 4.7.3 PIO117.8. Also Laois 6.6.1.4 EN10 1st sentence.
2 Take into account, when assessing planning applications, the impact on public access to the countryside including public rights of way, walking routes, recreational activities and amenities and the openness and visual amenity of the countryside and the impact on surrounding tourism The Council will liaise with Failte Ireland and regional and local tourism bodies and will consider any representations received. Based on Laois 6.6.1.4 EN10 2nd sentence, Limerick 10.13.2.2 last para, Sth Tipp App 3 WIND 4 (xi) 1st sentence & many other counties.
10.7 Hydro Power
We submit that you should include an additional Obj: In assessing hydro energy schemes proposals the Council will take into account the impact on public rights of way and walking routes. Taken from Laois 6.6.1.1 HE1 & Carlow 6.3.2 Pol 6 2nd pt.
10.8.5 Solar Energy Objectives
We submit that you should include additional Objs:
1 Request the appropriate government department to make Planning Guidelines for ground mounted solar PV “Solar Farms”.
2 In assessing development proposals ensure that it does not have a negative effect on the character of the landscape, natural heritage, views and prospects, scenic routes, archaeology, local amenities, tourism areas and the potential for mitigation through screening with hedges. Based on Laois 6.6.1.3 Ground Mounted Arrays 6th & 8th pts, Tipperary Renewable Energy Strategy App 1 6.8 3rd para(c) & Pol RE10, Clare Vol 6 8.3 1st para last sentence 1st pt 1st phrase & many other counties.
Chapter 11 Transport
11.1 Sustainable Transport/Smarter Travel
1st para
2nd para We submit that this should be upgraded to an Obj
Obj
11.1.1 Cycling and Walking
11.1.1.1 Cycling Objective
Appendices
C Recreational Walking trails
D Public Rights of Way
We submit that you should add: This is not an exhaustive list and the omission of a right of way from this list shall not be taken as an indication that such a right of way does not exist. Taken from Kerry 9.10 3rd para, 3rd & 4th sentences, Clare App 6 2nd para & many other counties.
E County Geological Sites
H Protected views and prospects
J Wind Energy Development Strategy
K Statement outlining compliance with Ministerial Guidelines
KEEP IRELAND OPEN
June 2018