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Kilkenny County Council

Amendment No. 2 of Callan Local Area Plan 2009‐2020

In accordance with Section 20(3) of the Planning & Development Acts 2000‐2015, the Planning

Authority has amended the Callan Local Area Plan 2009‐2020. The Amendment has extended the

development boundary of Callan to include an additional 8 acres at Westcourt with a site specific

development objective to provide for a development by Camphill Community at that location.

The Amendment is accompanied by an Appropriate Assessment (AA), a Strategic Environmental

Assessment (SEA) Report and a Strategic Flood Risk Assessment (SFRA).

A copy of the Amendment and associated Environmental report may be inspected at the following

locations (excluding Bank/Public Holidays) from Wednesday the 20th April, 2016 for a period of 5

weeks:

Planning Department, County Hall, John Street, Kilkenny during office opening hours of 9am

to 1pm and 2pm to 4pm Monday to Friday.

Callan Area Office, Prologue, Callan during the opening hours of 9am to 1pm and 2pm to

5pm Monday to Friday.

Callan Library, Clonmel Road, Callan during the opening times as follows: Tuesdays 2pm‐5pm

and 5:30pm‐8pm, Wednesdays 10am – 1pm and 2pm ‐5pm, and Saturdays 10am – 1:30pm.

The amendment will also be published on www.kilkennycoco.ie. Any queries in relation to the

Amendment may be directed to Claire Kelly, Planning Department, at 056 7794010.

Maria Melia Director of Services 15th April 2016

PLANNINGDEPARTMENT, KILKENNYCOUNTYCOUNCIL

AmendmentNo.2ofCallanLocalAreaPlan

2009‐2020ExtensionofLAPboundaryby8acresat

WestcourtforCamphill

Forward Planning

April 2016

The Proposed Amendment to the Callan Local Area Plan is being carried out in accordance with Section 20(3) of the Planning and Development Acts 2000‐2015. This Amendment is accompanied by an Appropriate Assessment (AA) Natura Impact Report, a Strategic Environmental Assessment (SEA) Environmental Report and a Strategic Flood Risk Assessment (SFRA), each of which has informed the text of the proposed amendment as part of an iterative process.

Text of the Amendment

The Amendment involves the extension of the LAP boundary to include an 8 acre site at Westcourt,

Callan as per revised Figure 4.2 Zoning Map for Callan LAP (overleaf). The land will be zoned

‘Agriculture’. The ‘Agriculture’ zoning objective to be included in the Plan is as follows:

Objective: To conserve and protect agricultural land from interference from non‐agricultural uses. To prevent development of agricultural land adjacent to development areas which would prejudice the future expansion of the town, except in exceptional circumstances where there are site specific development objectives for the provision of certain types of development.

Permissible uses: Agriculture, horticulture, public service installations, uses identified in site specific development objectives.

Open for Consideration: Public open space, guesthouse, restaurant, nursing home, dwelling houses in certain limited cases, halting site, private open space, other uses not contrary to the proper planning and sustainable development of the area.

It is proposed to include a site specific objective for this land as follows:

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.

SEA STATEMENT

FOR

PROPOSED AMENDMENT NO. 2

OF THE

CALLAN LOCAL AREA PLAN 2009 ‐ 2020

STRATEGIC ENVIRONMENTAL ASSESSMENT

Kilkenny County Council

John Street Kilkenny

City County

Kilkenny

April 2016

Includes Ordnance Survey Ireland data reproduced under OSi licence number 2003/07CCMA/Kilkenny County Council Unauthorised

reproduction infringes Ordnance Survey Ireland and Government of Ireland copyright. © Ordnance Survey Ireland

SEA Statement for Amendment No. 2

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Table of Contents

Section 1 Introduction .................................................................................................................. 3 1.1 Terms of Reference ....................................................................................................................... 3 1.2 SEA Definition ............................................................................................................................... 3 1.3 Legislative Context ........................................................................................................................ 3 1.4 Content of the SEA Statement ...................................................................................................... 3 1.5 Implications of SEA for the Amendment ...................................................................................... 3

Section 2 How Environmental Considerations were integrated into the ....................................... 4 Amendment ................................................................................................................... 4

2.1 Introduction .................................................................................................................................. 4 2.2 Consultations ................................................................................................................................ 4 2.3 Communication of environmental sensitivities ............................................................................ 4 2.4 Appropriate Assessment and Flood Risk Assessment.................................................................... 5 2.5 Mitigation in the Amendment ....................................................................................................... 5 2.6 Appropriate Assessment ............................................................................................................... 7 2.7 Flood Risk Assessment .................................................................................................................. 7 2.8 Mitigation in the Kilkenny County Development Plan 2014‐2020 ................................................ 9

Section 3 Environmental Report and Submissions & Observations .................................................. 11

3.1 Introduction ................................................................................................................................ 11 3.2 Submissions ................................................................................................................................. 11 3.2.1 Scoping .................................................................................................................................... 11 3.2.2 Submissions on the Proposed Amendment and associated Environmental Report and Appropriate Assessment ......................................................................................................................... 11

3.3 Environmental Report ................................................................................................................. 13 Section 4 Alternatives ........................................................................................................................... 14

4.1 Introduction ................................................................................................................................ 14 4.2 Summary of Evaluation of Alternatives ....................................................................................... 18 4.2.1 Evaluation of Alternative A ..................................................................................................... 18 4.2.2 Evaluation of Alternative B ..................................................................................................... 18 4.2.3 Evaluation of Alternative C ..................................................................................................... 18

4.3 Reasons for choosing the Variation in light of the other alternatives dealt with ......................... 19 Section 5 Monitoring Measures ............................................................................................................ 20

5.1 Introduction ................................................................................................................................ 20 5.2 Indicators and Targets ................................................................................................................. 20 5.3 Sources ........................................................................................................................................ 20 5.4 Reporting .................................................................................................................................... 20 5.5 Thresholds ................................................................................................................................... 20


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Section 1 Introduction

1.1 Terms of Reference This is the SEA Statement for Amendment No. 2 to the Cal lan Local Area Plan 2009 – 2020.

1.2 SEA Definition SEA is a systematic process of predicting and evaluating the likely environmental effects of implementing a plan,

or other strategic action, in order to ensure that these effects are appropriately addressed at the earliest

appropriate stage of decision‐making on a par with economic and social considerations.

1.3 Legislative Context Directive 2001/42/EC of the European Parliament and of the Council, of 27 June 2001, on the assessment of the

effects of certain plans and programmes on the environment, referred to hereafter as the SEA Directive,

introduced the requirement that SEA be carried out on plans and programmes which are prepared for a

number of sectors, including land use planning.

The SEA Directive was transposed into Irish Law through the European Communities (Environmental Assessment of

Certain Plans and Programmes) Regulations 2004 (Statutory Instrument Number (SI No. 435 of 2004) and the

Planning and Development (Strategic Environmental Assessment) Regulations 2004 (SI No. 436 of 2004). Both

sets of Regulations became operational on 21 July 2004. The Regulations have been amended by the European

Communities (Environmental Assessment of Certain Plans and Programmes) (Amendment) Regulations 2011 (SI

No. 200 of 2011) and the Planning and Development (SEA) (Amendment) Regulations 2011 (SI No. 201 of 2011).

SEA is being undertaken in compliance with the Regulations as the Amendment is likely to result in significant

adverse environmental effects, if unmitigated.

1.4 Content of the SEA Statement The SEA Statement is required to include information summarising:

a) how environmental considerations have been integrated into the Amendment;

b) how the following have been taken into account during the preparation of the Amendment:

the environmental report, submissions and observations made to the planning authority on the Proposed Amendment and

Environmental Report, and

any transboundary consultations [this is not relevant to this SEA] c) the reasons for choosing the Amendment in the light of the other reasonable alternatives dealt with;

and

d) the measures decided upon to monitor the significant environmental effects of implementation of the

Variation.

1.5 Implications of SEA for the Amendment SEA has been undertaken and the findings of the SEA are expressed in an Environmental Report, the first

published version of which accompanied the Proposed Amen dmen t on public display. The Environmental

Report was updated in order to take account of:

recommendations contained in submissions; and

changes to the Proposed Amendment which were made on foot of submissions

Members of the planning authority have taken into account the findings of all relevant SEA output during their

consideration of the Proposed Amen dmen t before its adoption.


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Section 2 How Environmental Considerations were integrated into the

Amendment

2.1 Introduction The Amendment h a s been prepared with environmental considerations being one of the key informants and

influences.

Environmental considerations were integrated into the Amendment through:

Consultations with Environmental Authorities

Communications of environmental sensitivities through the SEA and associated Appropriate Assessment (AA) and

Strategic Flood Risk Assessment (SFRA) processes; and

Provisions to mitigate effects.

The undertaking of Strategic Environmental Assessment, Appropriate Assessment and Flood Risk Assessment has

further informed the Amendment. By integrating related recommendations, the Council have ensured that the

beneficial environmental effects of implementing the Amendment have been and will be maximised and that

potential adverse effects have been and will be avoided, reduced or offset.

2.2 Consultations All relevant environmental authorities identified under the SEA Regulations ( as amended), were sent SEA scoping

notices by the Council indicating that submissions or observations in relation to the scope and level of detail of

the information to be included in the environmental report could be made to the Council.

Furthermore, submissions were made on the Proposed Amendmen t and SEA Environmental Report while they

were on public display and these resulted in updates being made to the SEA documents (see Section 3).

The following authorities were notified: Department of Agriculture, Food and the Marine; Department of Arts,

Heritage and the Gaeltacht; Department of Communications, Energy and Natural Resources; Department of the

Environment, Community and Local Government; Environmental Protection Agency.

2.3 Communication of environmental sensitivities Environmental considerations were integrated into the Proposed Amendment before it was placed on public

display. Environmental sensitivities were mapped in order to identify which areas would be most sensitive to

development and would suffer the most adverse effects if growth was to be accommodated in those areas

unmitigated.

The sensitivities were communicated to the Planning team on a regular basis from the outset of the Proposed Amendment preparation process. Identifying areas with the greatest sensitivities within the Amendment area helped future growth to be diverted away from these areas.

A number of these sensitivities are mapped on Figure 2.2 and Figure 2.3.

Kilkenny County Council made resources available to facilitate the undertaking of the following studies which

informed the baseline description and the Proposed Amendment:

Appropriate Assessment; and

Flood Risk Assessment.


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2.4 Appropriate Assessment and Flood Risk Assessment

An Appropriate Assessment (AA) has been undertaken alongside the preparation of the Amendment. The

requirement for AA is provided under the EU Habitats Directive (Directive 1992/43/EEC). The AA concluded that

the Amendment will not affect the integrity of the Natura 2000 network.

The preparation of the Variation, SEA and AA has taken place concurrently and the findings of the AA have

informed the SEA.

A Flood Risk Assessment (FRA) has been undertaken alongside the preparation of the Masterplan to which the

Variation relates. The requirement for FRA is provided under ‘The Planning System and Flood Risk Management

Guidelines for Planning Authorities’ (DEHLG and OPW, 2009). The findings of the FRA have informed both the

Amendment and this SEA.

2.5 Mitigation in the Amendment

The text in italics below was integrated into the Amendment through a number of processes, including the SEA process in order to mitigate potential adverse effects. In addition the Appropriate Assessment and the Flood Risk Assessment undertaken for the Amendment influenced its content. The text of the Amendment is:

The Proposed Amendment involves the extension of the LAP boundary to include an 8 acre site at Westcourt, Callan

as per revised Figure 4.2 Zoning Map for Callan LAP (overleaf). The land will be zoned ‘Agriculture’. The ‘Agriculture’

zoning objective to be included in the Plan is as follows:

Objective: To conserve and protect agricultural land from interference from non‐agricultural uses. To prevent

development of agricultural land adjacent to development areas which would prejudice the future expansion of the

town, except in exceptional circumstances where there are site specific development objectives for the provision of

certain types of development.

Permissible uses: Agriculture, horticulture, public service installations, uses identified in site specific development

objectives.

Open for Consideration: Public open space, guesthouse, restaurant, nursing home, dwelling houses in certain limited

cases, halting site, private open space, other uses not contrary to the proper planning and sustainable development

of the area.


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:






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Figure 2.1 Revised Zoning Map


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2.6 Appropriate Assessment

The Stage 2 Appropriate Assessment undertaken for the proposed Amendment resulted in a number of updates

being made to the Amendment which are detailed below deletions in strikethrough and insertions in italics:



for a pedestrian link from the lands to the town centre under the Callan by pass (N76) via the Moast Field subject to

the following:



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.

2.7 Flood Risk Assessment The Strategic Flood Risk Assessment undertaken for the Amendment assessed the flood risk in the context of the proposed Amendment and identified suitable mitigation measures which were incorporated into the Amendment – see text in italics.



for a pedestrian link from the lands to the town centre under the Callan by pass (N76) via the Moast Field 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


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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.

Figure 2.2 Flood Zones from SFRA


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2.8 Mitigation in the Kilkenny County Development Plan 2014‐2020 In addition to the mitigation which has been integrated into the Amendment, proposals for development within the Amendment area must comply as appropriate with the relevant provisions included within the existing Kilkenny County Development Plan 2014‐2020 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 document Appropriate Assessment of Plans and Projects in Ireland – Guidance for Planning Authorities, 2009 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.


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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 the Drinking 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

Figure 2.3 Selection of Environmental Sensitivities


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Section 3 Environmental Report and Submissions & Observations

3.1 Introduction This section details how both the Environmental Report and submissions and observations made to the

planning authority on the Environmental Report and SEA process have been taken into account during the

preparation of the Amendment.

3.2 Submissions

3.2.1 Scoping

All relevant environmental authorities identified under the SEA Regulations as amended, were sent SEA scoping

notices by the Council indicating that submissions or observations in relation to the scope and level of detail of

the information to be included in the environmental report could be made to the Council. A submission was made

by the Environmental Protection Agency and the Department of Arts, Heritage and the Gaeltacht and this

influenced the scope of the assessment.

3.2.2 Submissions on the Proposed Amendment and associated Environmental Report and

Appropriate Assessment

There were no changes made to the original Proposed Amendment before adoption on foot of submissions made on the Proposed Amendment and associated documents.

However the earlier SEA Environmental Report which accompanied the Proposed Amendment on public display has been updated in order to take account of suggestions and recommendations contained in submissions received during the display period.

Changes to the SEA Environmental Report made on foot of suggestions and recommendations contained in

submissions are detailed on Table 3.1 below.


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Table 3.1 Changes to the SEA Environmental Report and AA

Change to SEA ER

Relevant SEA ER Section(s)

Insert the following text (insertion in bold italics): 2.3 Relationship with other relevant Plans and Programmes 2.3.1 Introduction The Plan sits within a hierarchy of land use forward planning strategic actions. The Plan must comply with relevant higher level strategic actions and may, in turn, guide lower level strategic actions. The following sections identify a number of these strategic actions, further details of which are contained in the main Plan document. The Plan is at the lower level of the hierarchy in the context of national, regional and county level plans. The preparation of the Local Area Plan has also been informed and influenced by various local government, national and international policy documents including (but not limited to) the following: International

Agenda 2000

Local Agenda 21

The European Spatial Development Perspective (ESDP)

Various EU Directives National

Infrastructure and Capital Investment 2012‐16: Medium Term Exchequer Framework, 2011

Sustainable Development: A Strategy for Ireland, 1997

National Spatial Strategy 2002 – 2020 (NSS)

Ministerial Guidelines issued under Section 28 of the Planning and Development Act 2000‐2011

Food Wise 2025 (DAFM)

National Landscape Strategy (DECLG).

Section 2.3

Insert the following text (insertion in bold italics):

4.2.3 Water Framework Directive Registers of Protected Areas According to the EPA WFD Status record, groundwater underlying the Plan area is identified as being of ‘good’ status and the quality of the King’s Riveri 2010‐2012 is ‘moderate’. This is illustrated in Figure 4.2 below. The EPA’s Water Framework Directive GIS Application, available on EDEN (www.edenireland.ie), which provides Local Authorities with surface water and groundwater quality and spatial data; and should be taken into consideration in water related monitoring aspects of the amended Plan.

Section 4.2.3

5.2 Strategic Environmental Objectives Reword W2 as follows (insertion in bold italics deletions in strikethrough): To comply as appropriate with the provisions of the Planning System and Flood Risk Management: Guidelines for Planning Authorities (DEHLG, 2009). To avoid inappropriate land use and development in areas of significant flood risk within the Plan area, in accordance with the requirements of the Flood Risk Management Guidelines .

Section 5.2

5.2 Strategic Environmental Objectives Amend W3 as follows (insertion in bold italics): To maintain and improve, where possible, the quality and status of surface waters in accordance with the requirements of the Water Framework Directive”

Section 5.2


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3.3 Environmental Report

The Proposed Amendment and accompanying documents (including SEA Environmental Report, AA Screening Report and Flood Risk Assessment) were placed on public display.

Responses to submissions made on the Environmental Report during the period of public display (of the Proposed Amendment) were integrated into the Chief Executive’s Report and circulated to Elected Members.

Members of the Planning Authority have taken into account the findings of all relevant SEA output during their consideration of the Proposed Amendment and before its adoption.

SEA Statement for Proposed Amendment No. 2

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Section 4 Alternatives

4.1 Introduction

The SEA Directive requires that reasonable alternatives (taking into account the objectives and the geographical scope of the plan or programme) are identified, described and evaluated for their likely significant effects on the environment. The description of the environmental baseline (both maps and text) and Strategic Environmental Objectives (SEOs) are used in the evaluation of alternatives. Kilkenny County Council in preparing the Amendment to the Callan Local Area Plan 2009‐2020 developed three alternative development strategies as follows:

Alternative A is a do‐nothing scenario whereby the site remains un‐zoned and outside the Callan LAP boundary as it is presently.

Alternative B provides for a zoning change to ‘Residential’ with no site specific development objective to integrate environmental considerations arising from the SEA, AA and SFRA processes.

Alternative C provides for a zoning change to ‘Agriculture’ with a site specific objective that integrates environmental considerations identified by the AA, SEA and SFRA into the proposal. These considerations were identified during the SEA Scoping exercise, and were informed by both the AA and SFRA and by submissions from the environmental authorities.

These alternatives are mapped on Figure 4.1, Figure 4.2 and Figure 4.3


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Figure 4.1 Alternative A – Do Nothing Scenario Source: Current Zoning Map for Callan LAP, as amended.


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Figure 4.2 Alternative B


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Figure 4.3 Alternative C


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4.2 Summary of Evaluation of Alternatives

4.2.1 Evaluation of Alternative A

Alternative A involves the ‘do nothing’ approach whereby the site remains un‐zoned as it is presently. The ‘un‐zoned’ nature of the site generally does not favour new built development and for this reason Alternative A would be likely to continue the protection of the following environmental components:

Biodiversity and Flora and Fauna (including the River Barrow and Nore cSAC)

Population and Human Health

Soil

Water

Cultural Heritage

Landscape There would be no new potential conflicts or associated effects arising with Alternative A, above those which have already been predicted by and mitigated by the SEA of the existing Plan. This is because Alternative A does not propose a change to the Plan. The likelihood of potential and residual adverse effects occurring under Alternative A would be far lower than Alternatives B and C as the un‐zoned nature of the site generally does not favour new built development. Potential conflicts with environmental components would however exist (due to a small number of potential uses which would be considered as being Open for Consideration by the current Plan e.g. rural housing) however these conflicts would be fully mitigated.

4.2.2 Evaluation of Alternative B Alternative B provides for a zoning change to ‘New Residential’ with no site specific development objective to integrate environmental considerations arising from the SEA, AA and SFRA processes. The likelihood of potential and residual adverse effects occurring under Alternative B would be higher than Alternatives A and C as the Residential zoning objective favours new built development. Under Alternative B, two significant residual adverse effects would be likely to occur that would not occur under the other alternatives:

i. Effects on the River Barrow and Nore cSAC, in conflict with the requirements of the Habitats Directive; and ii. Increases in levels of flood risk, in conflict with the requirements of the Flood Risk Management Guidelines,

and associated interactions with human health. The Appropriate Assessment (AA) process, undertaken alongside this SEA, identified that if the lands located within the cSAC and proposed to be zoned Residential by Alternative B were to be built upon, then residual effects on the cSAC would be likely. The Strategic Flood Risk Assessment (SFRA) process, undertaken alongside this SEA, identified that residential uses should be excluded from the part of the site that has been determined to be Flood Zone B.

4.2.3 Evaluation of Alternative C

Alternative C provides for the zoning of the site to ‘Agriculture’ and the inclusion of a site specific objective that integrates environmental considerations ‐ identified by the SEA, AA and SFRA – into the proposal. These considerations (the River Barrow and Nore cSAC, flood risk areas and archaeological monitoring) were identified during the SEA Scoping exercise and were informed by both the AA and SFRA and by submissions from environmental authorities. The likelihood of potential and residual adverse effects occurring under Alternative C would be higher than Alternative A as the site specific development objective favours new built development. However the two significant residual adverse effects that would be likely to occur under Alternative B would not occur under Alternative C:


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i. Under Alternative C, protection of the cSAC would be maintained by the provisions of the site specific objective which includes various measures to prevent any adverse effects upon the cSAC arising from development.

ii. Under Alternative C, the Flood Risk Zones for the site would be established and residential uses excluded from part of the site would mitigate risk.

4.3 Reasons for choosing the Variation in light of the other alternatives dealt

with

The Alternative Scenario for the Amendment which has emerged from the planning/SEA process is Alternative C. The Amendment has been developed by the Planning Team and placed on public display by the Council having regard to both: i. The environmental effects which were identified by the SEA (and AA and SFRA) and are detailed above; and

ii. Planning ‐ including social and economic ‐ effects which also were considered by the Council.


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Section 5 Monitoring Measures

5.1 Introduction The SEA Directive requires that the significant environmental effects of the implementation of plans and programmes are monitored. This section details the measures which will be used in order to monitor the likely significant effects of implementing the Plan. Monitoring can enable, at an early stage, the identification of unforeseen adverse effects and the undertaking of appropriate remedial action.

5.2 Indicators and Targets Monitoring is based around indicators which allow quantitative measures of trends and progress over time relating to the Strategic Environmental Objectives identified in Section 4 of the SEA Environmental Report and used in the evaluation. Each indicator to be monitored is accompanied by the target(s) which were identified with regard to the relevant strategic actions. Table 5.1 overleaf shows the indicators and targets which have been selected for monitoring the likely significant environmental effects of implementing the Plan, if unmitigated. The Monitoring Programme may be updated to deal with specific environmental issues ‐ including unforeseen effects ‐ as they arise. Such issues may be identified by the Council or identified to the Council by other agencies.

5.3 Sources Measurements for indicators generally come from existing monitoring sources. Existing monitoring sources include those maintained by the Council and the relevant authorities e.g. the Environmental Protection Agency, the National Parks and Wildlife Service and the Central Statistics Office. Internal monitoring of the environmental effects of grants of permission in the Council will provide monitoring of various indicators and targets on a grant of permission by grant of permission1 basis. Where significant adverse effects ‐ including positive, negative, cumulative and indirect ‐ have the potential to occur upon, for example, entries to the RMP, entries to the RPS or ecological networks as a result of the undertaking of individual projects or multiple individual projects such instances should be identified and recorded and should feed into the monitoring evaluation.

5.4 Reporting A stand‐alone Monitoring Report on the significant environmental effects of implementing the Plan will be prepared before in advance of the beginning of the review of the Plan. This report should address the indicators set out below. The Council is responsible for the ongoing review of indicators and targets, collating existing relevant monitored data, the preparation of monitoring evaluation report(s), the publication of these reports and, if necessary, the carrying out of corrective action.

5.5 Thresholds Thresholds at which corrective action will be considered include:

The occurrence of flood events;

Court cases taken by the Department of Arts, Heritage and the Gaeltacht regarding impacts upon archaeological heritage including entries to the RMP;

Complaints received from statutory consultees regarding avoidable environmental impacts resulting from development which is granted permission under the Plan;

Boil notices on drinking water; and

Fish kills.

1 The likely significant effects of development proposals on environmental sensitivities are further determined during the development management process. By documenting this determination (e.g. whether a proposed development will impact upon a Protected Structure or whether a proposed development can be adequately served with water services) while granting permissions, or at a later date, the requirement to monitor the effects of implementing the Plan can be achieved.


21

Table 5.1 Selected Indicators, Targets and Monitoring Sources

Environmental

Component

Selected Indicator(s) Selected Target(s) Source (Frequency)

Biodiversity,

Flora and

Fauna

B1i: Conservation status of habitats and species

as assessed under Article 17 of the Habitats

Directive

B1i: Maintenance of favourable

conservation status for all habitats and

species protected under national and

international legislation to be unaffected by

implementation of the Plan as amended2.

Internal monitoring of environmental effects of grants of permission (grant by grant).

Department of Arts, Heritage and the Gaeltacht report of the implementation of the measures contained in the Habitats Directive ‐ as required by Article 17 of the Directive (every 6 years).

Consultations with the NPWS

B1ii: Number of significant impacts on relevant

habitats and species

B1ii: Avoid significant impacts on relevant

habitats and species.


CORINE mapping resurvey (every c. 5 years).

B1iii: Number of significant impacts on the

protection of species listed on Schedule 5 of

the Wildlife Act 1976.

B1iii: No significant impacts on the

protection of species listed on Schedule 5 of

the Wildlife Act 1976


Consultations with the NPWS.

Population

and Human

Health

P1: Occurrence (any) of a spatially

concentrated deterioration in human health

arising from environmental factors resulting

from development provided for by the Plan, as

identified by the Health Service Executive and

Environmental Protection Agency.

No spatial concentrations of health

problems arising from environmental

factors as a result of implementing the Plan.

Consultations with EPA and Health Service Executive.

Soil S1: Soil extent and hydraulic connectivity To minimise reductions in soil extent and

hydraulic connectivity.


Environmental Selected Indicator(s) Selected Target(s) Source (Frequency)

2 With regard to Natura 2000 sites there should be no significant effects except as provided for in Section 6(4) of the Habitats Directive, There must be: (a) no alternative solution available; (b) imperative reasons of overriding public interest for the plan to proceed; and (c) adequate compensatory measures in place.


22

Component

Water W1i: Groundwater Quality Standards and

Threshold Values under Directive 2006/118/EC

Not to affect the ability of groundwaters to

comply with Groundwater Quality

Standards and Threshold Values under

Directive 2006/118/EC


Data issued under the Water Framework Directive Monitoring Programme for Ireland.

W2: Groundwater Quality Standards and

Threshold Values under Directive 2006/118/EC

Minimise developments granted permission

on lands which pose ‐ or are likely to pose in

the future ‐ a significant flood risk in

compliance with The Planning System and

Flood Risk Management Guidelines for

Planning Authorities


Data issued under the Water Framework Directive Monitoring Programme for Ireland (multi‐annual).

W3: Classification of Overall Status (comprised

of ecological and chemical status) under the

European Communities Environmental

Objectives (Surface Waters) Regulations 2009

(SI No. 272 of 2009)

W3: Not to cause deterioration in the

status of any surface water or affect the

ability of any surface water to achieve ‘good

status’ by 2015


Material

Assets

M1: Number of new developments granted

permission which can be adequately and

appropriately served with waste water

treatment over the lifetime of the Plan

M1: All new developments granted

permission to be connected to and

adequately and appropriately served by

waste water treatment over the lifetime of

the Plan


M2: Number of non‐compliances with the 48

parameters identified in the European

Communities (Drinking Water) Regulations (No.

2) 2007 which present a potential danger to

human health as a result of implementing the

Plan

M2: No non‐compliances with the 48

parameters identified in the European

Communities (Drinking Water) Regulations

(No. 2) 2007 which present a potential

danger to human health as a result of

implementing the Plan

EPA The Provision and Quality of Drinking Water in Ireland reports (multi‐annual).

EPA Remedial Action List (every quarter).

Minimise increases in and, where possible,

reduce household waste generation

Maximise increases in packaging recovered

(t) by self‐complying packagers

EPA National Waste Reports

EPA Ireland’s Environment Reports


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Environmental

Component

Selected Indicator(s) Selected Target(s) Source (Frequency)

Air and

Climatic

Factors

C1: Percentage of population travelling to

work, school or college by non‐mechanical

means

C1: An increase in the percentage of the

population travelling to work, school or

college by public transport or non‐

mechanical means

CSO Population Data (every c. 5 years).

Cultural

Heritage

H1 Percentage of entries to the Record of

Monuments and Places protected from

significant adverse effects arising from new

development granted permission under the

Plan.

H1 Protect the zone of archaeological

heritage and entries to the Record of

Monuments and Places from significant

adverse effects arising from new


Plan


Consultation with Department of Arts, Heritage and the Gaeltacht (at monitoring evaluation ‐ see Section Error! Reference source not found.).

H2 Percentage of entries to the Record of

Protected Structures and Architectural

Conservation Area and their context protected

from significant adverse effects arising from

new development granted permission under

the Plan

H2 Protect entries to the Record of

Protected Structures and Architectural

Conservation Area and their context from

significant adverse effects arising from new


Plan.


Consultation with Department of Arts, Heritage and the Gaeltacht.

Landscape

L1: Number of complaints received from

statutory consultees regarding avoidable

impacts on the landscape ‐ especially with

regard to landscapes which are most valuable

and Scenic Routes and Scenic Views ‐ resulting

from development which is granted permission

under the Plan

L1: No developments permitted which

result in avoidable adverse visual impacts

on the landscape from development which

is granted permission under the Plan.


APPROPRIATE ASSESSMENT

IN SUPPORT OF

AMENDMENT NO. 2

TO THE

CALLAN LOCAL AREA PLAN 2009 – 2020

IN ACCORDANCE WITH THE REQUIREMENTS OF ARTICLE 6(3) OF THE EU HABITATS DIRECTIVE

for: Kilkenny County Council

John Street

Kilkenny

by: CAAS Ltd. 2nd Floor, The Courtyard

25 Great Strand Street

Dublin 1

MARCH 2016

Appropriate Assessment for Amendment No. 2 of the Callan Local Area Plan

CAAS for Kilkenny County Council i

Table of Contents

Section 1 Introduction ......................................................................................... 1

1.1 Background .................................................................................................................. 1

1.2 Legislative Context ....................................................................................................... 1

1.3 Stages of Appropriate Assessment ................................................................................. 2

Section 2 Stage 1 Screening ................................................................................ 3

2.1 Description of Amendment No. 2 ................................................................................... 3

2.2 European sites within 15 km of the Lands Referred to by Amendment No. 2 ...................... 6

2.3 Assessment Criteria .................................................................................................... 11

2.4 Other Plans and Projects ............................................................................................. 13

2.5 Conclusion of Screening Stage ..................................................................................... 16

Section 3 Stage 2 Appropriate Assessment ....................................................... 17

3.1 Introduction ............................................................................................................... 17

3.2 Potential Significant Effects ......................................................................................... 17

3.3 Conservation Objectives .............................................................................................. 19

Section 4 Mitigation Measures .......................................................................... 22

4.1 Introduction ............................................................................................................... 22

4.2 Existing Policies and Objectives that offer Protection to European Sites ........................... 22

4.3 Recommendations ...................................................................................................... 24

Section 5 Conclusion .......................................................................................... 26

Appendix I: Stage 2 Appropriate Assessment Determination

List of Tables Table 1 European sites within 15 km of the Lands Referred to by Amendment No. 2 ........... 9

Table 2 Screening of European Sites within 15 km of the Amendment lands ..................... 13

Table 3 Plans & Programmes Likely to Cause In-Combination Effects ............................... 13

List of Figures Figure 1 Location and extent of the extension of the LAP boundary .................................... 5

Figure 2 European sites within 15km of the Amendment lands ........................................... 7

Figure 3 Aerial photograph showing location of the Amendment lands at Westcourt in relation to the River Barrow and River Nore cSAC. @ ESRI. ........................................................... 8


CAAS for Kilkenny County Council 1


1.1 Background

This document presents the Appropriate Assessment (AA) of Amendment No. 2 to the Callan Local Area Plan (LAP) 2009-2020 in accordance with the requirements of Article 6(3) of the EU Habitats Directive1.

This report is divided into the following five sections:


Section 2 Stage 1 Screening

Section 3 Stage 2 Appropriate Assessment

Section 4 Mitigation

Section 5 Conclusion

1.2 Legislative Context

The Council Directive 92/43/EEC on the Conservation of Natural Habitats and of Wild Fauna and Flora, better known as “The Habitats Directive”, provides legal protection for habitats and species of European importance. Articles 3 to 9 provide the legislative means to protect habitats and species of Community interest through the establishment and conservation of an EU-wide network of sites known as Natura 2000. In Ireland, these are candidate Special Areas of Conservation (cSACs) designated under the Habitats Directive and Special Protection Areas (SPAs) designated under the Conservation of Wild Birds Directive (79/409/ECC), hereafter referred to as European sites.

Articles 6(3) and 6(4) of the Habitats Directive set out the decision-making tests for plans and projects likely to affect Natura 2000 sites. Article 6(3) establishes the requirement for AA:

“Any plan or project not directly connected with or necessary to the management of the [Natura 2000] site but likely to have a significant effect thereon, either individually or in combination with other plans or projects, shall be subjected to appropriate assessment of its implications for the site in view of the site’s conservation objectives. In light of the conclusions of the assessment of the implications for the site and subject to the provisions of paragraph 4, the competent national authorities shall agree to the plan or project only after having ascertained that it will not adversely affect the integrity of the site concerned and, if appropriate, after having obtained the opinion of the general public.

If, in spite of a negative assessment of the implications for the [Natura 2000] site and in the absence of alternative solutions, a plan or project must nevertheless be carried out for imperative reasons of overriding public interest, including those of a social or economic nature, Member States shall take all compensatory measures necessary to ensure that the overall coherence of Natura 2000 is protected. It shall inform the Commission of the compensatory measures adopted.

Where the site concerned hosts a priority natural habitat type and/or a priority species the only considerations which may be raised are those relating to human health or public safety, to beneficial consequences of primary importance for the environment or, further to an opinion from the Commission, to other imperative reasons of overriding public interest.”

1 Directive 92/43/EEC



These requirements are implemented in the Republic of Ireland by the European Communities (Birds and Natural Habitats) Regulations 2011. These regulations consolidate the European Communities (Natural Habitats) Regulations 1997 to 2005 and the European Communities (Birds and Natural Habitats) (Control of Recreational Activities) Regulations 2010, as well as addressing transposition failures identified in judgements of the Court of Justice of the European Union (CJEU).

1.3 Stages of Appropriate Assessment

This Natura Impact Report has been prepared in accordance with the following guidance:

Appropriate Assessment of Plans and Projects in Ireland. Guidance for Planning Authorities. Department of the Environment, Heritage and Local Government, 2010.

Assessment of plans and projects significantly affecting Natura 2000 sites: Methodological guidance on the provisions of Article 6(3) and (4) of the Habitats Directive 92/43/EEC, European Commission Environment DG, 2002.

Managing Natura 2000 sites: The Provisions of Article 6 of the Habitats Directive 92/43/EEC: European Commission, 2000.

AA comprises up to four successive stages:

Stage One: Screening

The process which identifies the likely impacts upon a European site of a project or plan, either alone or in combination with other projects or plans, and considers whether these impacts are likely to be significant.

Stage Two: Appropriate Assessment

The consideration of the impact on the integrity of the European site of the project or plan, either alone or in combination with other projects or plans, with respect to the site’s structure and function and its conservation objectives. Additionally, where there are adverse impacts, an assessment of the potential mitigation of those impacts. If adequate mitigation is proposed to ensure no significant adverse impacts on European sites, then the process may end at this stage. However, if the likelihood of significant impacts remains, then the process must proceed to Stage 3.

Stage Three: Assessment of Alternative Solutions

The process which examines alternative ways of achieving the objectives of the project or plan that avoids adverse impacts on the integrity of the European site.

Stage Four: Assessment where no alternative solutions exist and where adverse impacts remain

An assessment of compensatory measures where, in the light of an assessment of imperative reasons of overriding public interest (IROPI), it is deemed that the project or plan should proceed.

The Habitats Directive promotes a hierarchy of avoidance, mitigation and compensatory measures. First, the plan should aim to avoid any impacts on European sites by identifying possible impacts early in the plan-making process and writing the plan in order to avoid such impacts. Second, mitigation measures should be applied, if necessary, during the AA process to the point where no adverse impacts on the site(s) remain. If the plan is still likely to result in impacts on European sites, and no further practicable mitigation is possible, then it must be rejected. If no alternative solutions are identified and the plan is required for imperative reasons of overriding public interest (IROPI test) under Article 6(4) of the Habitats Directive, then compensation measures are required for any remaining adverse effect.

In the case of this Natura Impact Report, it was found that the Amendment required assessment to Stage 2 Appropriate Assessment.



Section 2 Stage 1 Screening

2.1 Description of Amendment No. 2

2.1.1 Description of the Callan Local Area Plan

The Callan Local Area Plan 2009-2020 (the Plan) has been prepared in accordance with the requirements of the Planning and Development Act 2000, as amended, and sets out an overall strategy for the proper planning and sustainable development of the town. Since the Plans initial conception, it has been extended to the year 2020, and has been subject to two amendments. The Plan comprises the statutory land use plan for the town in the promotion and regulation of development and therefore provides a clear vision for Callan, providing for the needs of the existing and future population. It provides for the development of Callan by setting out zoning and other objectives for the proper planning and sustainable development of the town, considering the needs of the town, and informing and coordinating decisions on planning applications. The Plan plays a key role in translating overarching policies and objectives of the Kilkenny County Development Plan at the local level. The Callan Local Area Plan 2009 - 2020 is consistent with the County Development Plan and sets out detailed policies and objectives which control the development of the area within the town’s boundary as defined by this Plan.

The Amendment to the Callan Local Area Plan under consideration in this AA relates to the extension of the LAP boundary to include an 8 acre site at Westcourt, Callan as described in further detail in Section 2.1.2 below.

2.1.2 Description of Amendment to the Callan LAP

The Amendment involves the extension of the LAP boundary to include an 8 acre site at Westcourt, Callan as per revised Figure 4.2 Zoning Map for Callan LAP (overleaf). The land will be zoned ‘Agriculture’. The ‘Agriculture’ zoning objective to be included in the Plan is as follows:

Objective: To conserve and protect agricultural land from interference from non-agricultural uses. To prevent development of agricultural land adjacent to development areas which would prejudice the future expansion of the town, except in exceptional circumstances where there are site specific development objectives for the provision of certain types of development.



The site specific objective included for these lands as follows:

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:


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.



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.

The addition of 8 acres increases the LAP lands by 1.5% (Plan area is currently 516 acres approx). The location and extent of the LAP boundary is presented in Figure 1 below.



Figure 1 Location and extent of the extension of the LAP boundary



2.2 European sites within 15 km of the Lands Referred to by Amendment No. 2

2.2.1 cSACs and SPAs

This section of the screening process describes the European sites within 15km of the lands referred to by the Amendment No. 2. A distance of 15 km is currently recommended in the DoEHLG document Guidance for Planning Authorities2 and as a precautionary measure, to ensure that all potentially affected European sites are included in the screening process. A map indicating the locations of the sites in relation to the lands referred to by the Amendment is presented in Figure 2. A larger scale map showing the location of the Amendment Lands in relation to the River Barrow and River Nore cSAC is presented in Figure 3.

Table 1 lists the European sites that occur within 15 km of the lands referred to by the Amendment. The qualifying features for each site have been obtained through a review of information pertaining to each site available from the NPWS website.

Information regarding the main threats to European sites was derived from a variety of sources:

Ireland’s Article 17 Report to the European Commission “Status of EU Protected Habitats and Species in Ireland” (NPWS, 2008)

Site Synopses NATURA 2000 Standard Data Forms Detailed Site Specific Conservation Objectives and supporting documents (where available)

Since the conservation management objectives for the European sites focus on maintaining the favourable conservation status of the qualifying interests of each site, the Screening process concentrated on assessing the potential implications of the Amendment against the qualifying interests of each site.

2 DoEHLG (2010). Appropriate Assessment of Plans and Projects in Ireland. Guidance for Planning Authorities.



Figure 2 European sites within 15km of the Amendment lands

Map 2: Natura 2000 sites within 15km of Proposed Amendment Area



Figure 3 Aerial photograph showing location of the Amendment lands at Westcourt in relation to the River Barrow and River Nore cSAC. @ ESRI.

Appropriate Assessment for Amendment No. 2 to the Callan Local Area Plan 2009 - 2020


Table 1 European sites within 15 km of the Lands Referred to by Amendment No. 2

Site Code

Site Name Qualifying Feature Threats to Site Integrity

002162 River Barrow and River Nore cSAC

Annex I Habitats [1130] Estuaries [1140] Tidal Mudflats and Sandflats [1310] Salicornia mud [1320] Spartina Swards [1330] Atlantic Salt Meadows [1410] Mediterranean Salt Meadows [3260] Floating River Vegetation [4030] Dry heath [6430] Hydrophilous Tall Herb [7220] Petrifying springs* [91A0] Old Oak Woodlands [91E0] Residual Alluvial Forests* Annex II Species [1016] Desmoulin’s whirl snail (Vertigo moulinsiana) [1029] Freshwater pearl mussel (Margaritifera margaritifera) [1092] White-clawed crayfish (Austropotamobius pallipes) [1095] Sea lamprey (Petromyzon marinus) [1096] Brook lamprey (Lampetra planeri) [1099] River lamprey (Lampetra fluviatilis) [1102] Allis shad (Alosa alosa) [1103] Twaite shad (Alosa fallax fallax) [1106] Salmon (Salmo salar) [1355] Otter (Lutra lutra)

The principle threats to the River Barrow and River Nore cSAC are pollution caused by increased fertiliser application, sewage and industrial waste. Species such as Freshwater Pearl Mussel are highly susceptible to siltation of water course and proposed developments in the vicinity of the cSAC may give rise to siltation and run-off of pollutants. The river has also been designated for its population of otter, a species vulnerable to the felling of mixed wood and scrub. Otters may become displaced due to disturbance during the development of unmitigated residential areas in proximity to the cSAC.



Site Code

Site Name Qualifying Feature Threats to Site Integrity

[1421] Killarney fern (Trichomanes speciosum) [1990] Pearl mussel (Margaritifera durrovensis)

002137 Lower River Suir cSAC Annex I Habitats [1330] Atlantic Salt Meadows [1410] Mediterranean Salt Meadows [3260] Floating River Vegetation [6430] Hydrophilous Tall Herb [91A0] Old Oak Woodlands [91E0] Residual Alluvial Forests* [91J0] Yew Woodlands* Annex II Species [1029] Freshwater pearl mussel (Margaritifera margaritifera) [1092] White-clawed crayfish (Austropotamobius pallipes) [1095] Sea lamprey (Petromyzon marinus) [1096] Brook lamprey (Lampetra planeri) [1099] River lamprey (Lampetra fluviatilis) [1102] Allis shad (Alosa alosa) [1103] Twaite shad (Alosa fallax fallax) [1106] Salmon (Salmo salar) [1355] Otter (Lutra lutra)

Water quality of this site is vulnerable to enrichment from surrounding agricultural activities and commercial and private developments near the river edge. Infilling and drainage threatens the continued presence of the rare plant species Hordeum secalinum and Groenlandia densa. Drainage in the catchment results in flash floods which can have a negative impact on the many Annex II species present. Any further planting or spread of exotic species would be damaging to the existing woodland habitats.

004233 River Nore SPA [A229] Kingfisher (Alcedo atthis)

There are no reported threats to this SPA. Kingfisher would be vulnerable to disturbance during the breeding season. They nest within burrows on river banks.



2.3 Assessment Criteria

2.3.1 Is the Plan Necessary to the Management of European Sites?

Under the Habitats Directive, Plans that are directly connected with or necessary to the management of a European site do not require AA. For this exception to apply, management is required to be interpreted narrowly as nature conservation management in the sense of Article 6(1) of the Habitats Directive. This refers to specific measures to address the ecological requirements of annexed habitats and species (and their habitats) present on a site(s). The relationship should be shown to be direct and not a by-product of the plan, even if this might result in positive or beneficial effects for a site(s).

The primary purpose of the Amendment to the Callan LAP is not the nature conservation management of European sites but to provide for development. Therefore, the Amendment is not considered by the Habitats Directive to be directly connected with or necessary to the management of European designated sites.

2.3.2 Elements of the Amendment to the Callan LAP with Potential to Give Rise to Effects

An assessment of the potential for effects on European sites to arise due to the Amendment is presented in the following sections. The assessment considers the full range of effects including direct, indirect and cumulative. The changes to the boundary of the LAP and the associated land use zoning provided for by the Amendment would facilitate the development of a residential complex within the lands in question. The lands occur directly adjacent to the River Barrow and River Nore cSAC.

The activities that could be associated with development of these lands that could give rise to effects on European sites are as follows:

Site clearance and construction works (associated with development of the lands and the possible provision of a footpath / pedestrian route between the lands and Callan town centre). Such development could potentially give rise to habitat loss, disturbance to key species and changes in key indicator values for conservation status;

Increases in human activity allowed for by the changes in landuse could give rise to disturbance effects to key species;

Alteration of hydrological characteristics of the lands could impact on aquatic ecosystems of European sites downstream by alteration of quantity / quality of surface water run-off.

2.3.2.1 Direct, Indirect or Secondary Impacts

As outlined in the European Commission Environment DG document “Assessment of plans and projects significantly affecting Natura 2000 sites: Methodological guidance on the provisions of Article 6(3) and (4) of the Habitats Directive 92/43/EEC”, impacts that could potentially occur through the implementation of the Amendment can be categorised under a number of headings:

Loss / reduction of habitat area (e.g. due to the development of new projects); Disturbance to Key Species (e.g. increased public access to protected sites, or during the

construction phase of infrastructure projects); Habitat or species fragmentation; Reduction in species density; Changes in key indicators of conservation value such as changes in water quality / quantity

(e.g. through inadequate wastewater treatment, run-off of pollutants during construction and operation of developments).

In determining the potential for significant effects, a number of factors have been taken into account.



Firstly, the sensitivity of the European sites as outlined in Table 1. Secondly, the Amendment to the Callan LAP and the potential effects its adoption could have on European sites in the surroundings. The relationships between the lands subject to the Amendment and the European sites were also taken into account, such as proximity and hydrological linkages. The potential for effects to arise as a result of these relationships is discussed below. The outcome of the screening is then summarised in Table 2 below.

In summary, it is concluded that there is potential for significant impacts, if unmitigated, on the River Barrow and River Nore cSAC due to the extension of the LAP lands and associated zoning (including site specific objectives) of the lands in question. Impacts resulting from this change in land use could potentially lead to habitat loss, disturbance to key species, deterioration in water quality and alteration of hydrological regime due to developments directly adjacent to the cSAC.

Considering the location of the River Nore SPA, and the known ecology and sensitivities of Kingfisher (qualifying feature for which site is designated), potential for adverse impacts on the SPA are not foreseen therefore the site can be excluded from further consideration in the AA.

No pathways for potential impacts exist between the lands under consideration in the amendment and the River Suir cSAC, and therefore potential significant effects are ruled out and the site is excluded from further consideration in the AA.



Table 2 Screening of European Sites within 15 km of the Amendment lands

Site Name Potential Impacts arising from the Amendment AA Required

River Barrow and River Nore cSAC (002162)

Development of lands directly adjacent to the cSAC as provided for by the amendment could potentially lead to the following impacts on the conservation interest of the cSAC:

Habitat loss associated with the construction of a pedestrian route between the lands;

Disturbance to key species due to development works adjacent to the cSAC and increased human activity in the area;

Alteration in water quality of the cSAC due to any changes in surface water discharges from the site during construction or operational phase.

Yes

Lower River Suir cSAC (002137)

The Callan area is located outside of the catchment of the River Suir cSAC. Development facilitated under the Amendment to the plan is therefore unlikely to have impacts on the qualifying interests of the Lower River Suir cSAC.

No

River Nore SPA (004233)

The SPA is located ca 2km downstream from the lands that are subject to the Amendment. Kingfisher are known to breed and forage within the confines of the river corridor. Considering the scale and characteristics of any development within the subject lands, disturbance impacts on Kingfisher occurring within the river corridor and downstream SPA are not foreseen. Similarly, the SPA is sufficiently removed that indirect impacts on the population of Kingfisher within the SPA are not foreseen.

No

2.4 Other Plans and Projects

Article 6(3) of the Habitats Directive requires an assessment of a plan or project to consider other plans or programmes that might, in combination with the plan or project, have the potential to adversely impact upon European sites. Table 3 lists the plans or programmes that may interact with the Callan LAP to cause in-combination effects to European sites. The plans or programmes are listed according to a four tier spatial hierarchy: International; National; Regional; and Local.

Table 3 Plans & Programmes Likely to Cause In-Combination Effects

Directive Purpose Interactions resulting in Cumulative Impacts

International

EU Water Framework Directive (2000/60/EC)

Objectives seek to maintain and enhance the quality of all surface waters in the EU.

No risk of likely significant in-combination effects will result as the primary purpose of the Directive is to improve environmental quality.

EU Freshwater Fish Directive (78/659/EEC)

Objectives seek to protect those fresh water bodies identified by Member States as waters suitable for sustaining fish populations. For those waters it sets physical and chemical water quality objectives





for salmonid waters and cyprinid waters.

EU Groundwater Directive (2006/118/EC)

This directive establishes a regime, which sets underground water quality standards and introduces measures to prevent or limit inputs of pollutants into groundwater.


EU Floods Directive (2007/60/EC)

The Floods Directive applies to river basins and coastal areas at risk of flooding. With trends such as climate change and increased domestic and economic development in flood risk zones, this poses a threat of flooding in coastal and river basin areas.

Potential in-combination impacts may arise, if unmitigated, where there is a requirement to provide for new infrastructure such as flood walls or flood defences. Avoidance on, or near protected areas should be implemented or where this is not possible, favouring infrastructure that carries a lower risk of damage to protected areas should be emphasised in the plan.

Nitrates Directive (91/676/EEC)

This Directive has the objective of reducing water pollution caused or induced by nitrates from agricultural sources and preventing further pollution.


The Urban Wastewater Treatment Directive (91/271/EEC)

The primary objective is to protect the environment from the adverse effects of discharges of urban wastewater, by the provision of urban wastewater collecting systems (sewerage) and treatment plants for urban centres. The Directive also provides general rules for the sustainable disposal of sludge arising from wastewater treatment.


Sewage Sludge Directive (86/278/EEC)

Objective is to encourage the appropriate use of sewage sludge in agriculture and to regulate its use in such a way as to prevent harmful effects on soil, vegetation, animals and man. To this end, it prohibits the use of untreated sludge on agricultural land unless it is injected or incorporated into the soil.


The Integrated Pollution Prevention Control Directive (96/61/EC)

Objective is to achieve a high level of protection of the environment through measures to prevent or, where that is not practicable, to reduce emissions to air, water and land from industrial sources.





National

National Spatial Strategy 2002-2020

Objectives of the NSS are to achieve a better balance of social, economic and physical development across Ireland, supported by more effective planning.

Potential in-combination impacts may arise, if unmitigated, where there is a requirement to provide for new infrastructure.

Provision of infrastructure may result in:

• Habitat loss

• Alteration of hydrology

• Deterioration in water quality

• Disturbance during construction / operation

Regional

South Eastern River Basin Plan

This plan aims to achieve good water quality within the region by 2015 in keeping with the Water Framework Directive

No risk of likely significant in-combination effects will result as the primary purpose of the Plan is to improve water quality in the South-west region.

Regional Planning Guidelines for the South-East Region 2010 – 2022.

Policy document which aims to direct the future growth of the South-east Area over the medium to long term and works to implement the strategic planning framework set out in the National Spatial Strategy (NSS)

Potential in-combination impacts may arise, if unmitigated, where there is a requirement to provide for new infrastructure.


• Habitat loss




Local

Wexford County Development Plan 2013-2019

Laois County Development Plan 2012-2018

Carlow County Development Plan 2009-2015

Carlow Town Development Plan 2012 – 2020

Kilkenny County Development Plan 2014-2020

Overall strategies for the proper planning and sustainable development of the administrative area of the relevant Local Authorities.

Development plans in existence throughout the surrounding counties acting alone or in combination can have a cumulative impact on European Sites located within County Carlow. In relation to the River Barrow and River Nore cSAC, potential for in-combination impacts exists due to the site extending into the surrounding counties of Laois (upstream), Kilkenny (downstream), and Kildare (upstream).


• Habitat loss







Kilkenny City Development Plan 2014 - 2020

North Tipperary County Development Plan 2010

South Tipperary County Development Plan 2009

2.5 Conclusion of Screening Stage

The likely impacts that could arise from the Amendment No. 2 to the Callan LAP have been examined in the context of a number of factors that could potentially affect the integrity of the Natura 2000 network of sites. On the basis of the findings of this Screening for AA, it is concluded that the Amendment:

(i) is not directly connected with or necessary to the management of a European site; and

(ii) may have significant impacts on the Natura 2000 network.

Therefore, applying the precautionary principle and in accordance with Article 6(3) of the Habitats Directive, a Stage 2 AA is required. That stage is set out in Section 3 of this report.



Section 3 Stage 2 Appropriate Assessment

3.1 Introduction

The main objective of this stage (Stage 2) in the AA is to determine whether the Amendment to the Plan would result in significant adverse impacts to the integrity of any European site with respect to the site’s structure, function and/or conservation objectives.

The Stage 1 Screening presented above has identified one site, the River Barrow and River Nore cSAC, with potential to be affected by Amendment No. 2 to the Callan LAP. Therefore, a Stage 2 Appropriate Assessment AA is required. The potential adverse effects considered at this stage will either be effects occurring as a result of the application of the Amendment to the Plan alone or in-combination with other plans, programmes and/or projects.

The qualifying features and the main threats to the site are listed in Table 1 above. Detailed information relevant to the site that has been reviewed to inform the appropriate assessment includes the following information available from the National Parks and Wildlife Service:

NPWS Site Synopsis Natura 2000 Standard Data Form Detailed Conservation Objectives and supporting documents

A report of a recent ecological survey of the Amendment lands at Westcourt undertaken by Blackthorn Ecology (2014)3 was also considered.

The River Barrow and River Nore cSAC which may be adversely affected through the implementation of the Amendment consists mostly of the freshwater stretches of the Barrow / Nore River catchments. The River Barrow flows southwards just west of the lands which are the subject of the Amendment. The designated area includes lands either side of the main river channel including some of the lands which are the subject to potential impacts from the Amendment as shown in Figure 3 above.

The cSAC is designated for a wide range of both terrestrial and aquatic species and habitats as listed in Table 1. Following a review of the detailed site conservation objectives and associated supporting documents it is concluded that those listed habitats and species most likely to occur in proximity to the Plan Area include; Floating River Vegetation, White Clawed Crayfish (Austropotamobius pallipes), Salmon (Salmo salar), Otter (Lutra lutra), and River and Brook Lamprey (Lampetra planeri, Lampetra fluviatilis).

3.2 Potential Significant Effects

As outlined in the European Commission Environment DG document “Assessment of plans and projects significantly affecting Natura 2000 sites: Methodological guidance on the provisions of Article 6(3) and (4) of the Habitats Directive 92/43/EEC”, impacts that could potentially occur through the implementation of the Amendment can be categorised under a number of headings:

Loss / reduction of habitat area (e.g. due to the development of new projects) Disturbance to Key Species (e.g. increased public access to protected sites, or during the

construction phase of infrastructure projects) Habitat or species fragmentation Reduction in species density

3 Westcourt House and Gardens Habitat and Green Infrastructure Survey. Blackthorn Ecology, 2014.



Changes in key indicators of conservation value such as decrease in water quality / quantity (e.g. through inadequate wastewater treatment, run-off of pollutants during construction and operation of developments)

The Amendment concerns the extension of the existing LAP boundary to include lands for residential development. By facilitating future development within these lands there is potential for the following significant effects on the cSAC. A summary of the potential significant effects on the cSAC associated with developments on these lands is presented below.

3.2.1 Reduction of Habitat Area

Direct habitat loss is caused where there is complete removal of a habitat type. Habitat loss can also occur through the reduction of habitat quality and a loss of important habitat functions. It can arise from the introduction of invasive species, toxic contamination or physical alteration. Indirectly, it can be caused by significant hydrological alteration of water dependant habitats.

Direct habitat loss is not foreseen due to the implementation of the Amendment as the lands in question are located outside of the cSAC boundary. Furthermore, a habitat and green infrastructure survey of the lands in question has confirmed the absence of any Annex I habitats from within the boundary of the said lands (Blackthorn Ecology 2014)4 and evaluated the site as being of overall low ecological importance. However, the connectivity present between the site and the adjacent cSAC provided by hedgerows, treelines, and a freshwater stream is highlighted.

The Amendment provides for the development of a pedestrian link to Callan town centre from the lands at Westcourt. The route of this link has not been set out and therefore it remains a possibility that it could traverse areas within the cSAC. In the event of the route passing through the cSAC, then such a development could lead to loss of habitat from within the designated site boundary.

3.2.2 Fragmentation

Habitat and species fragmentation can occur through the breaking up of or loss of habitats resulting in interference with existing ecological units. Fragmentation can also result from impediments to the natural movements of species. This is relevant where important corridors for movement or migration are likely to be disrupted such as along river corridors when construction introduces a barrier to the free movement of species from one area of habitat to another.

A recent habitats and green infrastructure survey5 within the lands in question identified that there are no sensitive habitats within the Amendment area. The survey did however identify that the lands are linked to the River Barrow and River Nore cSAC by hedgerows and treelines. Fragmentation could may potentially occur as a result of the implementation of the Amendment if these ecological features are not safeguarded. Hedgerows are important ecological corridors for bat and bird species. Bats are protected under the Wildlife Acts of 1976 to 2010 and are listed on Annex IV of the EU Habitats Directive for strict protection. The value of these features could be enhanced if appropriate measures are taken to improve their quality as recommended by Blackthorn Ecology (2014).

3.2.3 Disturbance to Key Species

Disturbance to species supported by a European site is likely to increase where there is an increase in activity levels from recreation and amenity or from developments within or adjacent to sensitive designated areas. Sources of disturbance include noise, vibration, light, construction and operation activities or other sources of disturbance arising from recreation and amenity or from the inappropriate timing of works.

4 Westcourt House and Gardens Habitat and Green Infrastructure Survey. Blackthorn Ecology, 2014.



The Amendment works are located adjacent to the River Barrow and River Nore cSAC, Otter are one of the qualifying interests of the cSAC are likely to occur along the corridor of the Kings River and associated semi-natural habitat to the south of the Amendment Lands. Otter are vulnerable to disturbance resulting from increased human activity along with the disturbance effects of construction related activities.

3.2.4 Changes in Key Indicators of Conservation Value

The key indicators of conservation value for the River Barrow and River Nore cSAC are water quality and quantity. Impacts on the cSAC may occur where the development occurs adjacent to or within the land zoned for cSAC designation. The Amendment lands occur adjacent to the cSAC and are hydrologically linked to the cSAC via a stream and drainage features to the south.

Development within the site could result in alterations to the hydrological regime or physical environment of the site through drainage, and / or discharges to watercourses. Surface water from the lands subject to the Amendment is likely to naturally discharge to the stream along the western and southern boundary of the site. This stream in turn discharges directly into the King’s River which forms part of the River Barrow and River Barrow cSAC.

Aquatic species and habitats for which the cSAC is designated (and are likely to occur downstream of the Amendment Lands) that could be impacted by any significant deterioration in water quality include Floating River Vegetation, Otter (Lutra lutra), Atlantic salmon (Salmo salar), and White-clawed crayfish (Austropotamobius pallipes).

3.3 Conservation Objectives

The Habitats Directive requires the focus of the assessment at this stage to be on the integrity of the site as indicated by its Conservation Objectives. It is an aim of NPWS to draw up conservation management plans for all areas designated for nature conservation. These plans will, among other things, set clear objectives for the conservation of the features of interest within a site. In the case of the River Barrow and River Nore cSAC, while a conservation management plan has not yet been prepared, detailed conservation objectives have been published (NPWS 2011)6.

These site‐specific conservation objectives aim to define favourable conservation condition for the qualifying habitats and species at that site. The maintenance of the favourable condition for these habitats and species at the site level will contribute to the overall maintenance of favourable conservation status of those habitats and species at a national level.

Favourable conservation status of a species can be described as being achieved when: ‘population data on the species concerned indicate that it is maintaining itself, and the natural range of the species is neither being reduced or likely to be reduced for the foreseeable future, and there is, and will probably continue to be, a sufficiently large habitat to maintain its populations on a long-term basis.’

Favourable conservation status of a habitat can be described as being achieved when: ‘its natural range, and area it covers within that range, is stable or increasing, and the ecological factors that are necessary for its long-term maintenance exist and are likely to continue to exist for the foreseeable future, and the conservation status of its typical species is favourable’.

The conservation objectives of each qualifying habitat and species for the River Barrow and River Nore cSAC are presented as a selection of attributes against which targets are set (NPWS 2011). All of these

6 NPWS (2011) Conservation Objectives: River Barrow and River Nore SAC 002162. Version 1.0. National Parks and Wildlife Service, Department of Arts, Heritage and the Gaeltacht.

http://www.npws.ie/media/npwsie/content/images/protectedsites/conservationobjectives/CO002162.pdf



attributes in relation to each relevant feature have been considered in relation to the potential impacts associated with the Amendment outlined in Section 3.2 above.

Those species and habitats for which the cSAC is designated that are sensitive to potential impacts from the Amendment, considering their known occurrence downstream (and proximate) to the lands in question include: Floating River Vegetation, River and Brook Lamprey (Lampetra planeri, Lampetra fluviatilis), Otter (Lutra lutra), Atlantic salmon (Salmo salar), White-clawed crayfish (Austropotamobius pallipes). The potential for non-achievement of the conservation objectives relating to these qualifying features are discussed further below.

White-clawed crayfish (Austropotamobius pallipes)

Known to occur downstream of the Amendment Lands. The target set by NPWS in relation to distribution is that there should be no reduction from the baseline. The target relating to the attribute ‘water quality’ is that the Q Value as measured by the EPA should be at least Q3-4 at all sites sampled.

In the absence of mitigation, there is a possibility that downstream water quality could deteriorate due to contaminated surface water run-off from the Amendment lands and therefore could threaten the achievement of the conservation objective relating to White-clawed Crayfish.

Atlantic salmon (Salmo salar) (only in fresh water)

The target set by NPWS in relation to the attribute ‘distribution’ is that all rivers up to second order should be accessible from the estuary. The target relating to the attribute ‘water quality’ is that the Q Value as measured by the EPA should be at least Q4.

In the absence of mitigation, there is a risk that downstream water quality could deteriorate due to contaminated surface water run-off from the Amendment lands and therefore could threaten the achievement of the conservation objective relating to Atlantic Salmon.

Otter (Lutra lutra)

The target set by NPWS in relation to the attribute ‘distribution’ is that there should be no significant decline and that it should be measured according to % of positive survey sites based on standard otter survey techniques. The target for the attribute ‘extent of the terrestrial habitat’ available to Otter should not suffer significant decline. This includes all habitats within 10m of the designated river-bank which is considered critical for Otter. Similarly in relation to the attribute ‘Couching sites and holts’ the target set is that there should be no significant decline.

In the absence of a defined route of the pedestrian link provided for by the amendment there is a potential risk to Otter habitat and possible holt / couch sites within the cSAC and therefore this could contribute towards the conservation objective relating to otter not being achieved.

River and Brook Lamprey (Lampetra planeri, Lampetra fluviatilis)

Artificial barriers to the species that are present along watercourses present a major threat to their successful migration to up-stream spawning beds.

Based on the potential effects of the Amendment on the River Barrow and Nore cSAC, and taking into account the targets set for the various attributes for these species, it is considered extremely unlikely that the Amendment could impact on the conservation objective relating to River and Brook Lamprey.

Floating River Vegetation

The full distribution of this habitat within the cSAC remains unknown (NPWS 2011). However it is reported that there is an excellent example of the occurring vegetation community (nutrient‐rich type) associated with extensive tufa deposits on the river bed in the Kings tributary of the Nore. The conservation objective includes the following attributes that may be relevant to the future use of the Amendment lands:

‘hydrological regime (river flow)’, the target for which is that an appropriate regime be maintained

‘water quality (suspended sediment & nutrients)’, the targets for which is that concentrations in the water column should be sufficiently low to prevent changes in species composition or habitat condition



In the absence of mitigation, there is a risk that downstream water quality could deteriorate due to contaminated surface water run-off from the Amendment lands and therefore could threaten the achievement of the conservation objective relating to Atlantic Salmon.



Section 4 Mitigation Measures

4.1 Introduction

Where it cannot be demonstrated that there will be no adverse effects from the implementation of the Amendment to the Plan, mitigation measures have been devised. Mitigation measures are measures envisaged to prevent, reduce and, as fully as possible, offset any adverse impacts on the environment of implementing the Amendment. As outlined in Section 3.2 of this assessment a number of potential, if unmitigated, effects have been identified which could cause adverse impacts on the River Barrow and River Nore cSAC.

Measures are included in the policies and objectives of the existing Plan, including those transposed from the Kilkenny County Development Plan 2014 – 2020 that will ensure these impacts are mitigated, thereby safeguarding the conservation interest of European sites. Further measures aimed at further mitigating the potential effects identified above are recommended in Section 4.2 below.

4.2 Existing Policies and Objectives that offer Protection to European Sites

4.2.1 Callan Local Area Plan

Chapter 5 of the Callan Local Area Plan sets out the policies and controls relating to natural heritage in the Plan Area.

Natural Heritage / Biodiversity

NH1: In seeking to protect and enhance the natural environment, the Council will seek to;

Protect natural heritage sites designated in National and European legislation, specifically the River Barrow and Rivers Nore SAC (See NH2);

Designate an appropriate riverside buffer that protects the integrity of the SAC and assists in the management of flood risk;

Protect and conserve non-designated habitats and species; and Protect and incorporate existing biodiversity features such as trees, hedgerows and

surface water features into the design and construction of new development and public realm and enhancing the biodiversity value of existing open spaces.

Where development proposals are made along the riparian corridor, ensure that a condition of consent is to establish a vegetated strip along the river in consultation with the National Parks and Wildlife Service.



The River Barrow and River Nore cSAC

NH2: The King’s River which forms part of the River Barrow and River Nore SAC has considerablepotential for both waterside and landside to be used as a recreational asset for the town and theLocal Area Plan will seek to promote the natural amenity potential of this site subject to:

Protection of this site in accordance with National and European legislation ensuring that any development in or near the SAC will avoid any significant adverse impact on the featuresfor which the site has been designated;

Consultation with the prescribed bodies and relevant government agencies when assessing developments which are likely to impact on designated natural heritage sites or those sites proposed to be designated; and

The requirement for an appropriate assessment in respect of any proposed development likely to have an impact on a designated natural heritage site, or those sites proposed to be designated.

4.2.2 Kilkenny County Development Plan

Chapter 8 of the Kilkenny County Development Plan sets out the policies and objectives relating to natural heritage in the county. The following objectives contained within the County Development Plan will mitigate against those potential effects identified in Section 3 above.

Chapter 1: Introduction

Section 1.3 - Appropriate Assessment

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 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.

These objectives will apply to all plans and projects whether public or private and across all sectors of development.

Chapter 8: Heritage

Section 8.2.1.3 - Rare and Protected Species and their Habitats

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).



Section 8.2.3 - Nature Conservation Outside of International and Nationally Protected Areas

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. Appropriate mitigation and/or compensation measures to conserve biodiversity, landscape character and green infrastructure networks will be required where habitats are at risk or lost as part of a development.

Section 8.2.5.1 Hedgerows

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.

Chapter 9: Infrastructure and Environment

Section 9.2.8.3 - Water Quality Objectives

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.

4.3 Recommendations

The following amendments were integrated into text of the amendment, as recommended by the AA process, in order to safeguard the protection of the River Barrow and Nore cSAC by eliminating the risks to the conservation status of the site that have identified during the AA process.

4.3.1 Pedestrian Link

Depending on the route chosen, and the scale and characteristics of the development, the provision of a pedestrian link to the town centre could potentially result in adverse impacts on the River Barrow and Nore cSAC. The route of the pedestrian link should take account of potential effects on European sites and therefore it is recommended that the route of the link should not be specified in the plan.

The following amendment to an earlier version of the text was suggested and integrated into the Amendment by the Council:

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 charitable trust and to provide for a pedestrian link from the lands to the town centre under the Callan by-pass (N76) via the Moat Field subject to the following:

4.3.2 Potential effects on aquatic habitats and species within cSAC

As outlined above, development within the amendment lands, if unmitigated, could potentially lead to adverse impacts on aquatic species and habitats due to the proximity and hydrological connectivity of the area with the cSAC. Any such development will need to be subject to AA in its own right, and the potential for adverse impacts will depend on the scale and detailed design of any future proposal. The possible requirement for any appropriate site specific mitigation to avoid impacts on the cSAC can only be determined when such details are known. The following additional bullet points were integrated into the Amendment by the Council on foot of an AA recommendation in order to ensure that the risk posed by any future development of the lands is minimised:



Any future development (including pedestrian link) of the lands will be subject to Appropriate Assessment in accordance with Article 6 of the Habitats Directive.

Any developments proposed for the lands at Westcourt will be connected to the local public sewer (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.



Section 5 Conclusion

Stage 1 Screening and Stage 2 AA of Amendment No. 2 to the Callan Local Area Plan 2009 - 2020 have been carried out. Stage I screening concluded that, if unmitigated, the Amendment has the potential to result in impacts to the integrity of the Natura 2000 network of sites. A single European site, River Barrow and River Nore cSAC was screened in for Stage II AA.

The risks to safeguarding the integrity of the qualifying interests and conservation objectives of the Natura 2000 network are partly addressed by a number of existing policies and objectives contained within both the existing LAP and the overarching Kilkenny County Development Plan. A number of recommended changes to the text of the Amendment were also made in order to further safeguard the protection of the River Barrow and River Nore cSAC. In addition, all lower level plans and projects arising through the implementation of the Amendment to the LAP will themselves be subject to AA when further details of design and location are known.

In conclusion, having incorporated the above recommendations, it is considered that the Amendment to the Callan Local Area Plan 2009 – 2020 will not affect the integrity of the Natura 2000 network7.

7 Except as provided for in Section 6(4) of the Habitats Directive, viz. There must be: a) no alternative solution available, b) imperative reasons of overriding public interest for the plan to proceed; and c) Adequate compensatory measures in place.



Appendix I: Stage 2 Appropriate Assessment Determination

Appropriate Assessment Determination

under the:

European Communities (Birds and Natural Habitats)

Regulations 2011 (S.I. No. 477 of 2011), as amended

for:

Amendment No. 2 to the Callan Local Area Plan

An Appropriate Assessment determination [pursuant to Article 6(3) of the Habitats Directive as to whether or not a plan (or amendment to a plan) or project would adversely affect the integrity of a European site and Regulation 42 (11) of the European Communities (Birds and Natural Habitats) Regulations 2011 (as amended)] is being made by Kilkenny County Council.

In carrying out this Appropriate Assessment, Kilkenny County Council is taking into account the relevant matters specified under Regulation 42 (12) of the European Communities (Birds and Natural Habitats) Regulations 2011 (as amended), including:

Written submissions made on the Proposed Amendment and associated documents while they were placed on public display, as relevant; and

The Natura Impact Report (which considers other plans and projects and has taken into account submissions and observations received during public display, as relevant).

It is determined that the risks to the safeguarding and integrity of the qualifying interests and conservation objectives of the Natura 2000 network have been addressed by the inclusion of achievable mitigation measures that will prioritise the avoidance of impacts in the first place and will reliably mitigate these impacts where these cannot be avoided. In addition, all lower level plans and projects arising through the implementation of the Plan as amended will themselves be subject to Appropriate Assessment as relevant when further details are known.

Having incorporated these mitigation commitments; Kilkenny County Council considers that the Amendment will not impact upon the Natura 2000 network of sites8.

8 Except as provided for in Section 6(4) of the Habitats Directive, viz. There must be:

a) no alternative solution available,

b) imperative reasons of overriding public interest for the plan to proceed; and

c) Adequate compensatory measures in place.

PLANNING DEPARTMENT, KILKENNY COUNTY COUNCIL

Strategic Flood Risk Assessment

Proposed Amendment No. 2 of Callan Local Area Plan 2009-2020

Forward Planning

January 2016

This Strategic Flood Risk Assessment has been prepared by the Planning Department of Kilkenny County Council in accordance with the Department of Environment, Heritage and Local Government’s Planning System and Flood Risk Management Guidelines for Planning Authorities, 2009.

Contents 1 Introduction ..........................................................................................................................2

1.1 Disclaimer ...................................................................................................................3

1.2 Structure of a Flood Risk Assessment (FRA) .............................................................3

1.3 The Sequential Approach ...........................................................................................5

2 Flood Risk Assessment .......................................................................................................6

2.1 Stage 1 Flood Risk Identification ................................................................................6

2.1.1 Regional Flood Risk Appraisal ...............................................................................6

2.1.2 Strategic Flood Risk Appraisal ...............................................................................6

2.1.3 CFRAM Programme ...............................................................................................6

2.1.4 Available sources ....................................................................................................7

2.1.5 Conclusion of Stage 1 .......................................................................................... 11

2.2 Stage 2 Initial Flood Risk Assessment .................................................................... 12

2.2.1 Flood zone mapping ............................................................................................ 13

2.2.2 Application of the Sequential Approach ............................................................... 15

2.2.3 Justification Test .................................................................................................. 16

2.2.4 Stage 2 Conclusion .............................................................................................. 17

3 Recommendations ........................................................................................................... 18

List of Maps

Map 1: Revised Figure 4.2 Zoning Map Callan Local Area Plan 2009-2020

Map 2: Composite Map of Flood Risks

Map 3: Flood Zones

List of Figures

Figure 1: CFRAMS Draft Mapping for Callan, 2015

Figure 2: Hyder Consulting Flood Zones for Callan, 2010

Figure 3: Historic Flood Events, OPW

Figure 4: Benefitting Lands, OPW

Figure 5: Alluvial Soils, 2006

Figure 6: Ordnance Survey 6 inch map, 1829-1842

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1 Introduction In line with The Planning System and Flood Risk Management – Guidelines for Planning Authorities, a staged approach has been taken to the appraisal and assessment of flood risk for Amendment No. 2 of the Callan Local Area Plan 2009-2020.

The proposed Amendment involves the extension of the LAP boundary to include an 8 acre site at Westcourt, Callan as per revised Figure 4.2 Zoning Map. The land will be zoned ‘Agriculture’. The ‘Agriculture’ zoning objective to be included in the Plan is as follows:

Objective: To conserve and protect agricultural land from interference from non-agricultural uses. To prevent development of agricultural land adjacent to development areas which would prejudice the future expansion of the town, except in exceptional circumstances where there are site specific development objectives for the provision of certain types of development.




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 theproposed 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.

• Any developments proposed for the lands at Westcourt must be connected tothe 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

2

statement for submission as part of any planning application for development within this area.

• When innovative layouts and exceptional design for living are achieved, strictadherence 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.

1.1 Disclaimer It is important to note that compliance with the requirements of The Planning System and Flood Risk Management - Guidelines for Planning Authorities, and of the Floods Directive 2007 60/EC is a work in progress and is currently based on emerging and incomplete data as well as estimates of the locations and likelihood of flooding. In particular, the assessment and mapping of areas of flood risk awaits the adoption of the finalised Catchment-based Flood Risk Assessment and Management Plans [CFRAMs]. As a result, this Flood Risk Assessment is based on available information.

Accordingly, all information in relation to flood risk is provided for general policy guidance only. It may be substantially altered in light of future data and analysis. As a result, all landowners and developers are advised that Kilkenny County Council and its agents can accept no responsibility for losses or damages arising due to assessments of the vulnerability to flooding of lands, uses and developments. Owners, users and developers are advised to take all reasonable measures to assess the vulnerability to flooding of lands in which they have an interest prior to making planning or development decisions.

1.2 Structure of a Flood Risk Assessment (FRA) The Guidelines recommend that a staged approach is adopted when undertaking a Flood Risk Assessment (FRA). The recommended stages are briefly described below:

• Stage 1 ~ Flood Risk IdentificationTo identify whether there may be any flooding or surface water management issues that may require further investigation. This stage mainly comprises a comprehensive desk study of available information to establish whether a flood risk issue exists or whether one may exist in the future. This stage also includes collation of relevant local information.

• Stage 2 ~ Initial Flood Risk AssessmentIf a flood risk issue is deemed to exist arising from the Stage 1 Flood Risk Identification process, the assessment proceeds to Stage 2 which confirms the sources of flooding, appraises the adequacy of existing information and determines what surveys and modelling approach is appropriate. The extent of the risk of flooding should be assessed which may involve preparing indicative flood zone maps. The initial assessment may determine that sufficient quantitative information is available, appropriate to the scale and nature of the changed land use or development proposed for the necessary decision to be made.

• Stage 3 ~ Detailed Flood Risk AssessmentThis is carried out to assess flood risk issues in sufficient detail and to provide a quantitative appraisal of potential flood risk to a proposed or existing development or land to be zoned, of its potential impact on flood risk elsewhere and of the effectiveness of any proposed mitigation measures.

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Map 1: Revised Figure 4.2 Zoning Map Callan LAP

1.3 The Sequential Approach The sequential approach in terms of flood risk management is based on the following principles: AVOID - SUBSTITUTE - JUSTIFY - MITIGATE – PROCEED.

The primary objective of the sequential approach is that development is primarily directed towards land that is at low risk of flooding (AVOID). The next stage is to ensure that the type of development proposed is not especially vulnerable to the adverse impacts of flooding (SUBSTITUTION).

The Justification Test is designed to rigorously assess the appropriateness, or otherwise, of particular developments that, for various reasons, are being considered in areas of moderate or high flood risk (JUSTIFICATION). The test is comprised of two processes, namely the Plan-Making Justification Test and the Development Management Justification Test. Only the former (Plan-Making Justification Test) is relevant to a Strategic Flood Risk Assessment for a Plan, and this is described as follows.

Justification Test for Development Plans (See p.37 of the Guidelines) “Where, as part of the preparation and adoption or variation and amendment of a development/local area plan, a planning authority is considering the future development of areas in an urban settlement that are at moderate or high risk of flooding, for uses or development vulnerable to flooding that would generally be inappropriate as set out in Table 3.2 of the Guidelines, all of the following criteria must be satisfied:

1) The urban settlement is targeted for growth under the National Spatial Strategy,regional planning guidelines, statutory plans as defined above or under the PlanningGuidelines or Planning Directives provisions of the Planning and Development Act2000, as amended.

2) The zoning or designation of the lands for the particular use or development type isrequired to achieve the proper and sustainable planning of the urban settlementand in particular:

i. Is essential to facilitate regeneration and/or expansion of the centre of theurban settlement

ii. Comprises significant previously developed and/or under-utilised lands;iii. Is within or adjoining the core of an established or designated urban

settlement;iv. Will be essential in achieving compact or sustainable urban growth;v. There are no suitable alternative lands for the particular use or development

type, in areas at lower risk of flooding within or adjoining the core of theurban settlement (This criterion may be set aside where section 4.27bapplies- ‘Existing undeveloped zoned areas at risk of flooding’).

3) A flood risk assessment to an appropriate level of detail has been carried out as partof the Strategic Environmental Assessment as part of the development planpreparation process, which demonstrates that flood risk to the development can beadequately managed and the use or development of the lands will not causeunacceptable adverse impacts elsewhere.N.B. The acceptability or otherwise of levels of any residual risk should be made withconsideration for the proposed development and the local context and should bedescribed in the relevant flood risk assessment.”

MITIGATION is the process where the flood risk is reduced to acceptable levels by means of land use strategies or by means of detailed proposals for the management of flood risk and

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surface water, all as addressed in the Flood Risk Assessment. The decision to PROCEED should only be taken after the Justification Test has been passed.

2 Flood Risk Assessment

2.1 Stage 1 Flood Risk Identification The purpose of this stage is to identify whether there are any flooding or surface water management issues relating to the proposed amendment plan area that may warrant further investigation. Sources which were consulted are outlined below. This assessment is for an amendment to a Local Area Plan and therefore is at the Strategic Flood Risk Assessment scale.

2.1.1 Regional Flood Risk Appraisal A Regional FRA was carried out and published as Appendix 3 to the Strategic Environmental Assessment of the South East Regional Planning Guidelines, 2010. This document provided guidance on the issues to be addressed in any Strategic Flood Risk Assessment. The Regional FRA referred to flooding that occurred in August 2008 and stated that “Graiguenamanagh and Callan, two of the worst-hit parts of the county, along with Thomastown will benefit from a Flood Risk Management Study which will be undertaken by Kilkenny County Council” (See Section 2.4 below).

2.1.2 Strategic Flood Risk Appraisal A Strategic Flood Risk Assessment for the County was published in 2014 as part of the County Development Plan 2014-2020. This examined the level of information available on flooding in the county. This did not specifically address the Callan LAP area.

A Flood Risk Assessment of Amendment 1 to the Callan Local Area Plan (Core Strategy) was carried out in March 2012.

2.1.3 CFRAM Programme CFRAM is Catchment Flood Risk Assessment and Management. The national CFRAM programme commenced in Ireland in 2011. The OPW is the lead agency for flood risk management in Ireland and is the national competent authority for the EU Floods Directive. The CFRAM Programme comprises three phases:

• The Preliminary Flood Risk Assessment (PFRA): 2011• The CFRAM Studies and parallel activities: 2011-2015• Implementation and Review: 2016 onwards

The ‘Floods’ Directive1 requires Member States to undertake a national preliminary flood risk assessment by 2011 to identify areas where significant flood risk exists or might be considered likely to occur. In March 2012, the OPW published the National Preliminary Flood Risk Assessment, Overview Report. The objective of the PFRA is to identify Areas for Further Assessment (AFA’s) and this further assessment will take place though Catchment Flood Risk Assessment and Management Studies (CFRAMS). Callan was identified as a

1 Directive 2007/ 60/ EC of the European Parliament and of the Council of 23rd October 2007 on the assessment and management of flood risk: Official Journal L288/ 27-34.

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‘Possible Area for Further Assessment’. A Draft CFRAM flood map for the Callan area was published by the OPW in November 2015 and this is discussed below.

2.1.4 Available sources

The data listed below is available and provides information on the historical occurrence of flooding as it relates to the proposed amendment.

Primary Sources for flood risk information:

(i) CFRAM floodmaps / models A draft flood hazard map for Callan was published on behalf of the OPW for public consultation purposes in 2015. This shows that the subject site is affected by the 1% and 0.1% AEP event risk. An extract is reproduced below (It should be noted that this is a draft map published for consultation purposes only):

Figure 1: CFRAMS Draft Mapping for Callan, 2015.

(ii) Detailed flood study Kilkenny County Council commissioned Hyder Consulting to carry out a Flood Relief Report for Callan, Thomastown and Graiguenamanagh in 2010. The Callan Report included detail on historical flood events and mapped the 100 year flood extent around the River Nore (see extract from the map below). This report recommended two measures for mitigation of flood risk in Callan:

• Flood Cell 1 (the left bank) - Flood defence wall around the car park at KCAT• Flood Cell 2 (the right bank) Flood proofing and awareness

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These measures were incorporated into the flood alleviation scheme which was completed in Callan in 2011. This scheme is to address flooding in the central core of the town around Bridge Street/KCAT car park/Clotheen Lane area. Its focus is the protection of residences and businesses. It has done this by a combination of earthen bunds, structural walls, flood gates and flap valves on existing outflows.

Figure 2: Hyder Consulting Flood Zones for Callan, 2010

Secondary Sources

i) Office of Public Works OPW Flood Events MappingAs part of the National Flood Risk Management Policy, the OPW developed the www.floodmaps.ie web based data set, which contains information concerning historical flood data, displays related mapped information and provides tools to search for and display information about selected flood events. Two flood events are noted proximate to the site,

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as shown below, (i) Approx. 170m south of the subject site a flood event occurred in October 2004, and (ii) approx. 130m to the south east of the subject lands a flood event occurred in October 2004 also. No flood events are shown on the subject site.

Figure 3: Historic Flood Events, www.flooding.ie

ii) OPW Benefitting Lands mappingThese maps were prepared to identify areas that would benefit from land drainage schemes, and typically indicate low-lying land near rivers and streams that might be expected to be prone to flooding. The extract below shows the south-western part of the proposed amendments area to be benefitting lands (indicated in red hatching).

Figure 4: Benefitting Lands, www.flooding.ie

iii) Mineral Alluvial Soil MappingThe soils and subsoils maps were created by the Spatial Analysis Unit, Teagasc. The project was completed in May 2006 and was a collaboration between Teagasc, Geological Survey of

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Ireland, Forest Service and the EPA. The presence of alluvial soils can indicate areas that have flooded in the past (the source of the alluvium). The map below shows the location of alluvial soils immediately south of the Amendment area and to the north (none on the subject site).

Figure 5: Alluvial Soils, 2006

iv) Ordnance Survey “Lands liable to floods” mapping (6” OS maps)These maps have been studied to see if there is an area marked as being “Liable to Floods” in or in the vicinity of the zoned areas. It is noted that the OS maps simply show the text “Liable to Floods” without delineating the extent of these areas. An extract from the 6’’ map is attached overleaf. No text is shown in relation to the proposed amendment site.

It should be noted that some of this data is historically derived, not prescriptive in relation to flood return periods and not yet predictive or inclusive for climate change analysis. Many of these maps were based on survey work carried out from 1833-1844 with many updated in the 1930s and 1940s. Therefore they do not show or take account of recent changes in surface drainage, such as development in floodplains, road realignments or drainage works for forestry or agriculture. So there is significant potential that flood risk in some areas may have increased or been reduced since they were prepared.

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Figure 6: Ordnance Survey 6 inch map, 1829-1842

2.1.5 Conclusion of Stage 1

The available sources of information is summarised in table 1 below and a composite map of the flood risks in relation to the proposed amendment area is shown in Map 2.

Having regard to all of the information sources as outlined above, it is considered that the area could be subject to a potential flood risk issue and therefore the assessment should proceed to Stage 2.

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2.2 Stage 2 Initial Flood Risk Assessment The purpose of this stage is to ensure that all relevant flood risk issues are assessed in relation to the decisions to be made, and potential conflicts between flood risk and development are addressed to the appropriate level of detail. The extent of the risk of

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flooding should be assessed which may involve preparing indicative flood zone maps. Having identified flood zones, the sequential approach is used to direct, where possible, new development to areas at low risk of flooding.

2.2.1 Flood zone mapping Flood zones are geographical areas within which the likelihood of flooding is in a particular range. There are three types of flood zones defined:

• Flood zone A – where the probability of flooding from rivers and the sea is highest(greater than 1% or 1 in 100 for river flooding)

• Flood Zone B – where the probability of flooding from rivers and the sea is moderate(greater than 0.1% or 1 in 1000 for river flooding)

• Flood Zone C – where the probability of flooding from rivers and the sea is low (lessthan 0.1% or 1 in 1000 for river flooding). Flood Zone C covers all areas of the planwhich are not in zones A or B.

The Draft CFRAMS mapping produced for the King’s River is the most recent and reliable data in terms of flooding for the subject site. For this reason, it is used in determining flood zones on the subject site in deference to other sources.

Accordingly, it is considered that the south-western part of the subject site is located in Flood Zone B and the remainder of the site is located in Flood Zone C. This is illustrated in Map 3 overleaf.

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2.2.2 Application of the Sequential Approach Having identified the flood risk zones within the plan area the next step is to apply the sequential approach to land use planning. The Guidelines have categorised land uses into three vulnerability classes and have also specified which vulnerability class would be appropriate in each flood zone, or where the Justification Test would be required.

The table of vulnerability classes (Table 3.1 of the Guidelines) is as follows:

Table 1 Classification of vulnerability of different types of development

Vulnerability Class Land uses and types of development which include*:

Highly vulnerable development (including essential infrastructure)

Garda, ambulance and fire stations and command centres required to be operational during flooding; Hospitals; Emergency access and egress points; Schools;

Dwelling houses, student halls of residence and hostels; Residential institutions such as residential care homes, children’s homes and social services homes; Caravans and mobile home parks; Dwelling houses designed, constructed or adapted for the elderly or, other people with impaired mobility; and Essential infrastructure, such as primary transport and utilities distribution, including electricity generating power stations and sub-stations, water and sewage treatment, and potential significant sources of pollution (SEVESO sites, IPPC sites, etc.) in the event of flooding.

Less vulnerable development

Buildings used for: retail, leisure, warehousing, commercial, industrial and non-residential institutions; Land and buildings used for holiday or short-let caravans and camping, subject to specific warning and evacuation plans; Land and buildings used for agriculture and forestry; Waste treatment (except landfill and hazardous waste); Mineral working and processing; and Local transport infrastructure.

Water-compatible development

Flood control infrastructure; Docks, marinas and wharves; Navigation facilities; Ship building, repairing and dismantling, dockside fish processing and refrigeration and compatible activities requiring a waterside location; Water-based recreation and tourism (excluding sleeping accommodation); Lifeguard and coastguard stations; Amenity open space, outdoor sports and recreation and essential facilities such as changing rooms; and Essential ancillary sleeping or residential accommodation for staff required by uses in this category (subject to a specific warning and evacuation plan).

*Uses not listed here should be considered on their own merits

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Table 3.2 of the Guidelines sets out how the vulnerability classes interact with the flood zones and when the Justification Test is required.

Development Flood Zone A Flood Zone B Flood Zone C

Highly vulnerable Justification Test Justification Test Appropriate

Less vulnerable Justification Test Appropriate Appropriate

Water-compatible Appropriate Appropriate Appropriate

The Amendment to the LAP is to zone the land ‘Agriculture’ and include a site specific development objective for the land.

Agricultural use is listed as a ‘less vulnerable’ class of use in Table 3.1 of the Guidelines. Therefore, the Agricultural zoning is appropriate for Flood Zones B and C, and a justification test is not required in this instance.

A residential based complex/development for the Camphill Community is considered to be a ‘highly vulnerable’ class of use as defined in Table 3.1 of the Guidelines. In accordance with Table 3.2 of the Guidelines, this type of use is appropriate in Flood Zone C and a justification test is required for this use in Flood Zone B.

While a site-specific Flood Risk Assessment and a site specific justification test is required to be submitted at planning application stage, it is considered prudent to carry out a justification test for this type of development as part of the strategic flood risk assessment in accordance with Section 3.8 of the Guidelines.

2.2.3 Justification Test This justification test refers to a residential use for the Camphill Community as it pertains to the Flood Zone B part of the amendment site.

The criteria for the Justification Test are outlined in Section 1.3.1 of the Guidelines and the test is set out below.

1. The urban settlement is targeted for growth under the National Spatial Strategy,regional planning guidelines, statutory plans or under the Planning Guidelines orPlanning Directives provisions of the Planning and Development Act 2000, as amended.

Callan is identified as a District Town in the Regional Planning Guidelines 2010-2022. District towns are “targeted for growth as centres that can perform an important role in driving the development of a particular spatial component of the overall region”. Callan is also a District Town in the County Development Plan spatial hierarchy.

2. The zoning or designation of the lands for the particular use or development type isrequired to achieve the proper and sustainable planning of the urban settlement and inparticular:a. Is essential to facilitate regeneration and/or expansion of the centre of the urbansettlement

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b. Comprises significant previously developed and/or under-utilised lands;c. Is within or adjoining the core of an established or designated urban settlement;d. Will be essential in achieving compact or sustainable urban growth;e. There are no suitable alternative lands for the particular use or development type, inareas at lower risk of flooding within or adjoining the core of the urban settlement.

The site is immediately adjacent to the town boundary of the Callan LAP. The Camphill Community currently owns the subject site and it is economically feasible and viable for these lands to be developed for these purposes. The pedestrian connection from the site back to the core of the town will consolidate the Camphill community and help it grow sustainably within the town. However, the development of the Zone B part of the site is not essential in achieving compact urban growth and there are alternative zoned lands available in Callan that could be developed for this purpose. Therefore, it is considered that the development objective as it relates to Zone B does not satisfy this part of the justification test.

3. A flood risk assessment to an appropriate level of detail has been carried out as part ofthe Strategic Environmental Assessment as part of the development plan preparationprocess, which demonstrates that flood risk to the development can be adequatelymanaged and the use or development of the lands will not cause unacceptable adverseimpacts elsewhere.

A Flood Risk Assessment was carried out for Amendment No. 1 of the Callan LAP in 2010 for the Core Strategy. Flood management policies were included in that Amendment to mitigate unacceptable impacts from flooding.

The County Development Plan 2014-2020, for which a full SEA and SFRA were carried out, also contains policies in relation to flooding and mitigation of flooding which is relevant to Callan. A full suite of Development Management Standards in relation to surface water drainage is set out in Section 9.2.11 of the County Development Plan which is applicable to new developments in Callan also.

The SEA and SFRA carried out for Amendment No. 1 of the LAP and the County Development Plan 2014-2020 have informed policy in relation to flooding. These policies demonstrate that flood risk can be adequately managed and unacceptable adverse impacts elsewhere can be prevented.

Justification Test Conclusion: The development objective as it relates to Zone B does not satisfy part 2 of the justification test as prescribed in Section 4.23 of the Guidelines and accordingly a residential use in flood zone B should be excluded from the Amendment.

2.2.4 Stage 2 Conclusion

Having regard to the following: (i) The ‘Agriculture’ zoning objective proposed, (ii) The mapped flood zones, (iii) The wording of the proposed development objective which requires a site

specific flood risk assessment and justification test to be carried out for any development on the site, and

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(iv) The justification test regarding the site specific objective and the Flood Zone B part of the Amendment area

It is considered that, subject to residential use being excluded from the flood zone B part of the site, the flood risk to the development of this land can be adequately managed without causing unacceptable adverse impacts elsewhere and it is not necessary at this stage to proceed to Stage 3, Detailed Flood Risk Assessment.

3 Recommendations The following measures are recommended to further mitigate flood risk:

• Residential use shall be excluded from Flood Zone B.• The site specific Flood Risk Assessment for any development on these lands should

be carried out in accordance with Appendix A of the Guidelines. The site specificFRA may result in the boundary of the flood zones being amended.

• Flood risk management should be addressed in the design of any development onthese lands, in accordance with Appendix B of the Guidelines.

• The management of surface water on the site shall accord with the policies andobjectives of the current Kilkenny County Development Plan 2014-2020 and theLocal Area plan 2009-2020. Details of the management of surface water on the siteshall be provided at planning application stage.

This SFRA is based on currently available data and in accordance with its status as a “living document” it will be subject to modification by these emerging datasets of maps and plans as they become available. In the interim any development proposal on the subject site will be subject to a site specific Flood Risk Assessment.

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Callan Local Area Plan 2009‐2020

Proposed Amendment 2

Chief Executive Officer’s Report on Submissions Received

Forward Planning, Kilkenny County Council. 15th March 2016

ProposedAmendment2ofCallanLocalAreaPlan2009‐2020ChiefExecutive’sReportonSubmissions 1

Introduction

In accordance with Section 20(3) of the Planning & Development Acts 2000‐2015, the Planning Authority

proposes to amend the Callan Local Area Plan 2009‐2020. It is proposed to extend the development boundary

of Callan to include an additional 8 acres at Westcourt with a site specific development objective to provide for

a development by Camphill Community at that location.

The Proposed Amendment, which includes a revised Zoning Map and site specific development objective, is

accompanied by an Appropriate Assessment (AA) Natura Impact Report, a Strategic Environmental Assessment

(SEA) Environmental Report (which details the likely significant effects if unmitigated on the environment of

implementing the proposed amendment to the local area plan) and a Strategic Flood Risk Assessment (SFRA).

A copy of the Proposed Amendment and supporting documentation was available for inspection from 15th of

January to 26th of February 2016 at the following locations: Planning Department, County Hall, John Street,

Callan Area Office, Callan Library and on‐line at https://consult.kilkenny.ie, and also a public notice was

published on‐line at www.kilkennycoco.ie.

Submissions or observations in respect of the Proposed Amendment, the SEA Environmental Report, AA

Natura Impact Report and Strategic Flood Risk Assessment were invited in writing, by email or on

https://consult.kilkenny.ie by Friday the 26th of February.

The proposed amendment had previously been on display from 12th December 2014 to 6th of February 2015.

Following that round of public consultation, it was determined that a Strategic Environmental Assessment

Environmental Report was required and this has now been prepared and forms part of reports accompanying

the proposed amendment. Submissions or observations received during this initial display period have been

included in this report.

Details of the proposed amendment were presented to the Strategic Policy Committee on 27th January 2016.

This report presents the submissions and observations made following the display periods outlined above, and

sets out the Chief Executive’s responses to the issues raised. The report forms part of the statutory procedure

for making an Amendment, as set out in Section 20 of the Planning and Development Acts, 2000‐2014.

A total of 12 written submissions or observations were received in response to the public display periods. A

table of submissions is set out below, with the name on the submission.

This report addresses each of the written submissions and observations received. It includes the names of

persons or bodies that made the submissions and observations, a summary of the issues raised, and the

response and recommendation of the Chief Executive on each submission.

Next Steps

The members shall consider the proposed Amendment and associated AA, SEA and SFRA and the Chief

Executive’s Report, and following this consideration the local area plan shall be deemed to be amended, unless

the planning authority by resolution, decides to alter the Amendment or not to amend the plan. If the

Members decide to materially alter the proposed Amendment, a further period of public consultation will be

necessary.

Strategic Environmental Assessment (SEA) and Appropriate Assessment (AA)

A Strategic Environmental Assessment and an Appropriate Assessment (AA) Natura Impact Report

accompanies Amendment No. 2 to the LAP. The SEA report found that the Amendment would have no


significant impact on the environment. The AA determined that there would be no significant effects on any

Natura 2000 sites as a result of this Amendment.

Table of Submissions

Received 2016

Ref. Name

CA1

Kathleen O'Sullivan

CA2

Patrick Lydon

CA3 Brother Damien Brennan

CA4 Dept Environment Community and Local Government

CA5 EPA

CA6 An Taisce

Submissions received in 2015 prior to Strategic Environmental Assessment being prepared

Ref. Name

CA/15 – A An Taisce

CA/15 – B Callan Heritage Society

CA/15 – C Geological Survey of Ireland

CA/15 – D Dept Environment Community and Local Government

CA/15 – E Environmental Protection Agency

CA/15 – F Irish Water


Text of the Proposed Amendment

The Proposed Amendment involves the extension of the LAP boundary to include an 8 acre site at Westcourt,

Callan as per revised Figure 4.2 Zoning Map for Callan LAP (overleaf). The land will be zoned ‘Agriculture’. The

‘Agriculture’ zoning objective to be included in the Plan is as follows:

Objective: To conserve and protect agricultural land from interference from non‐agricultural uses. To prevent development of agricultural land adjacent to development areas which would prejudice the future expansion of the town, except in exceptional circumstances where there are site specific development objectives for the provision of certain types of development.




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:







Summary of Submissions, Response and Recommendations

Received 2016

Name/ Group: Kathleen O'Sullivan

Submission CA1 Chief Executive’s Response CE’s Recommendation

1) Ms. O’ Sullivan is an adjacent land owner to

this proposed site amendment and has stated that she has a right of way and access over the lands at this proposed site amendment. Expects that this right of way will be considered in the amendment and any future planning applications on this site.

Individual rights of way and access are civil matters, and the proposed amendment does not affects such rights. The proposed amendment facilitates future development in accordance with the policies and objective of the Callan Local Area Plan and the proper planning and development of the area. The amendment in itself will not permit development on site. Future development on site will be the subject of a planning application which will be available for inspection, and submissions or observations may be made regarding the development proposal. The Planning Authority will need to take account of any legal restrictions at detailed design stage through the development management process.

No change recommended.

Name/ Group: Patrick Lydon, Camphill Community


Cover Letter and Observation: 1) Writing from the Camphill Community, Callan,

which owns the property subject to the currently proposed Amendment. Writing in support of the proposed Amendment and to share significant reports commissioned about the built and natural heritage of the site.

Comments noted.



2) This submission has two aspects: the presentation of two reports, commissioned by Camphill Callan, which demonstrate (a) importance of the site in the history of Callan, and (b) commitment of Camphill Callan to protect and develop the unique qualities of the site, both built and natural.

3) The Westcourt Demesne Historic Landscape

Assessment report gives a strong background to the heritage of the site, documenting habitation from the 14th century and continuing into the mid‐20th century. From the location of the Norman castle to the seat of the local gentry and the Lord of Callan, the site has played an essential role in the evolution of the town. This argues strongly that the site should be included in the Callan Local Area Plan.

4) The Habitat Study gives a detailed account of

the flora and fauna of the site. In relation to both the remnants of the built heritage‐ primarily the C18th walled garden and underground remains of the Norman castle ‐‐ and the natural habitat, Camphill Callan is strongly committed to the protection of the heritage of the site. If there is no development on the site, it is unlikely that the efforts necessary to care for the heritage will be made. If the site is occupied by people who recognise and value its historic and natural significance, there is a much greater likelihood that it will be protected and nurtured. Major repairs to the Walled Garden have already been made and will be continued in the coming years. Work has begun on the restoration of the Garden itself and the recommendations of the Habitat Study are being fulfilled.

5) Map attached showing outline of the site. 6) Historic Landscape Assesment Report:

Westcourt Demesne. (a) This report was commissioned by Camphill

Communities Callan to inform future conservation of the historic landscape of Westcourt demesne. The report outlines historical development of the demesne, the significance of surviving elements of its designed landscape and recommendations for future conservation and restoration.

Reports received are noted which demonstrate the historical importance of the site and the commitment of Camphill communities to developing the unique qualities of the site. Report detailing the historical context of the site is noted. Habitat study report is noted, as are the comments that habitation on the site would protect the heritage of the site and continue to care for its restoration. Noted. Noted. The details of the historical development and context of the site are noted.

No change recommended. No change recommended. No change recommended. No change recommended. No change recommended.


(b) West Court house, described as 'ruin of a seven bay, two story house, 18th century' is included in the record of protected structures in the 2014‐2019 Kilkenny County Development Plan (ref. C393). Under the planning act the curtilage of the house may also be considered for protection. Westcourt demesne is also identified as an historic garden and designed landscape in the National Inventory of Architectural Heritage.2 The recorded monument RMP KK026‐002 Castle unclassified is also situated inside the demesne and the 'Moat field' to the south‐east of the demesne contains RMP KK 26‐01009 motte and 26‐01011 mound. The zone of archaeological protection for Callan RMP KK26‐010 Historic Town extends as far as the Callan by‐pass within the demesne.

(c) The demesne may also have been surrounded

by a stone wall, but none of this survives. A comparison between the first edition Ordnance Survey map and the modern aerial photography shows that much of the designed landscape has been lost. West Court house has been leveled and the parkland to its east has been built over by an industrial estate, the Callan bypass and a housing estate. Likewise, many of the field boundaries to the west have been grubbed out and the vast majority of the park trees have been felled. What still survives is the walled garden (see below), the main east‐west avenue through the demesne and the access to the main road to the north. The ornamental pond is still in place, though heavily overgrown and holding an exotic‐looking tree. At least some of the trees around the pond probably originated in the nineteenth century plantings. In the 'Moat field' the trees on top of the motte remain.

Conservation Recommendations (d) The walled garden of West Court house is an

important part of Kilkenny's heritage and is an integral part of the historic environment of the much‐denuded demesne. It is currently being well cared for by the Camphill Communities and recommendations are made with a view to its long term conservation and enhancement. These recommendations can be implemented on a phased basis and at moderate cost. Recommendation that at the end of the project all records relating to the conservation works should be lodged with the Council and Irish Architectural Archive.

Protected designations on site are noted. Findings that primarily only the walled garden remains are noted. The historical importance of the walled garden is noted, as is that Camphill Communities are currently taking care of the wall on site.

No change recommended. No change recommended. No change recommended.


7) Habitat and Green Infrastructure Survey: Westcourt House and Gardens

(a) Blackthorn Ecology has been appointed to carry out a habitat and Green Infrastructure survey of Westcourt House and Gardens, Callan, Co. Kilkenny. The results will inform the future development of the site in conjunction with a proposed walking route along the Kings River and millrace to the south of the house.

Conservation Value (b) The habitats present in the Westcourt House

site are all frequently occurring habitats in Kilkenny and in Ireland. No Habitats Directive Annex I habitat were found on site. No protected or Red List fauna were recorded on site. There is suitable habitat present for common frog and for bats. These species are legally protected but not rare or threatened. The flora present includes some uncommon introduced species, but none are protected or Red Listed. The site is located adjacent to a part of the King’s River floodplain that is part of the River Barrow and River Nore SAC (site code 2162). In a local context, the site can be considered to supplement the SAC, and there is connectivity between the site and the SAC via hedgerows and treelines. The site’s habitats, however, are not of a type or quality such that it can be considered a stepping stone site in the context of the Habitats Directive. Overall, the site is of low local conservation value. The veteran horse‐chestnut listed as a Heritage Tree. The site as a whole is not of sufficient conservation value to be considered Green Infrastructure for biodiversity.

(c) Recommendations are included in the report

to conserve and enhance the natural heritage value and the Green Infrastructure functioning of the site.

Habitat and Green Infrastructure Report submitted is noted. It is noted that there no designated protected species were recorded on site, and that a habitat suitable for frogs and bats is on site. An overall the site is of low conservation value and not of high Green Infrastructure value. The presence of the horse‐chestnut tree is noted. The details of the report commissioned by Camphilll Communities to inform development of the site with respect to its natural heritage is noted.



Name/ Group: Brother Damien Brennan, Edmund Rice Centre


1) Writing on his own behalf and on behalf of

the Christian Brothers. Strongly believe that the proposed will be of great benefit to the people of Callan.

2) The site has great historical importance. The

people of Callan area extremely grateful to the Camphill Community for the work they have already done on the site in restoring the Walled Garden. If people are living on the site then its future is secure. Further restoration work will be carried out and the place will be a place people can visit. This will be good for the people of Callan and surrounding areas. Our community wholeheartedly support the proposed amendment.

Expression of support is noted. Comments noted in relation to the historical importance of the site and importance of the amendment in relation for further restoration and benefits to Callan. Expression of support is noted.

No change recommended. No change recommended.

Name/ Group: Dept Environment Community and Local Government


1) Given the comprehensive nature of the

objective and its practical limitations particularly support for a specific community need, the variation is in line with the proper planning and sustainable development.

2) Regard should be had to any observations made by the Southern Regional Assembly, OPW, DoAHG, NPWS, EPA and IW.

3) The Council must meet the relevant

requirements as appropriate, and ensure the variation complies fully with planning legislation.

Comment that the proposal is in line with proper planning and development is noted. Regard will be had to the content and points raised in all submissions and observations received. The Planning Authority will take the necessary steps to ensure that the proposed amendment complies fully with all relevant requirements and planning legislation.



Name/ Group: EPA


1) Notes details of proposed amendment.

Welcome inclusion of site specific objective to protect the King’s River, and that the findings of the flood risk assessment carried out, have been integrated into the amendments by ensuring that residential uses will be excluded from Flood Zone B lands, and also note that site level FRA will be required to be carried out.

Comments noted.


Comments on the Amendment 2) The Amendment should include commitments

to protect and where possible, improve surface water, groundwater resources and their associated habitats and species, in accordance with the Water Framework Directive (WFD) and the South Eastern River Basin Management Plan (SE RBMP) and associated Programme of Measures. Given that the new RBMP is likely to emerge within the lifetime of the Plan, the Amendment should include a commitment to integrate the relevant aspects of the RBMP upon its adoption.

Objective 9.2.8.3 of the County Development Plan states: 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’. It is noted that the current SERBMP is for the period 2009‐2015; however the CDP objective refers to the SE RBMP without specifying a period, therefore it is considered that the new SE RBMP will be considered on its adoption under this objective.


3) The Amendment should ensure protection of existing riparian zones and provision of additional ecological buffer lands, alongside the King’s River, given that the King’s River is a tributary of the River Nore. Buffer zones will protect existing ecological linkages and assist in the management of flood risk. The NPWS and Inland Fisheries Ireland should be consulted in applying buffer zones.

The proposed objective for the site states as part of the amendment that ‘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’; thus the integrity of the cSAC will be protected. At application stage any potential impacts on the cSAC can be assessed as part of the Development Management process.

Comments on the SEA ER 4) Section 2.3 – Relationship with other Plans

and Programmes, include reference to the Food Wise 2025 (DAFM) and the National Landscape Strategy (DECLG).

Comments noted in relation to the documents referred to, a reference to these can be included in the SEA report.

Recommend that section 2.3 of the SEA Environmental Report includes a reference to Food Wise 2025 and the National Landscape Strategy.

5) Section 4 – Environmental Baseline consider including consulting the EPA’s Water Framework Directive GIS Application, available on EDEN (www.edenireland.ie), which provides Local Authorities with surface water and groundwater quality and spatial data; and should be taken into consideration in water related monitoring aspects of the amended Plan.

Reference to water quality data is noted; it is considered appropriate to amend the SEA to reflect this data source.

Recommend including reference to consulting the EPA’s Water Framework Directive GIS Application, available on EDEN (www.edenireland.ie) in Section 4.2 of the SEA.

Strategic Environmental Objectives 6) Section 5 Strategic Environmental Objectives,

given that the wording of Water Objective W2 describes the actual requirement under the Planning System and Flood Risk Management Guidelines (DEHLG, 2009) rather than including a specific objective, it may be more appropriate to reword as follows: “To avoid inappropriate land use and development in areas of significant flood risk within the Plan area, in accordance with the requirements of the Flood Risk Management Guidelines”.

Comments noted; it is proposed to change SEA wording as suggested.

Recommend changing Water Objective W2 to read as follows: “To avoid inappropriate land use and development in areas of significant flood risk within the Plan area, in accordance with the requirements of the Flood Risk Management Guidelines”.

7) Consider amending Water Objective W3 as follows: “To maintain and improve, where possible, the quality and status of surface waters in accordance with the requirements of the Water Framework Directive”

Comments noted; propose to change wording as suggested.

Recommend changing wording of Water Objective W3 of SEA as follows: “To maintain and improve, where possible, the quality and status of surface waters in accordance with the requirements of the Water Framework Directive”.


8) Section 8 – Mitigation Measures, consider including a mitigation measure to protect riparian zones and ecological buffer zones, as an additional measure to protect water quality status and associated biodiversity within/along the King’s River.

The proposed objective for the site states as part of the amendment that ‘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’; thus the integrity of the cSAC will be protected. At application stage any potential impacts on the cSAC can be assessed as part of the Development Management process.


9) The Amendments should seek to minimise any potential for increased siltation/surface water runoff arising during construction related activities in particular. In this regard, the Amendments should include a commitment to require the provision of appropriate sustainable drainage systems.

The Development Management Standards as set out in the County Development Plan states that Kilkenny County Council will consider all drainage proposals consistent with Sustainable Drainage Systems, thus the Development Management System will address this concern.


10) Future amendments to the Plan should be screened for likely significant effects in accordance with the criteria as set out in Schedule 2A of the SEA Regulations.

Comments noted.


11) Outlines information to be included in SEA statement following adoption of amendment.

Comments noted; all requirements relating to procedure and providing information will be carried out.


Name/ Group: An Taisce


1) The Kilkenny Association of An Taisce express

its support for the proposed amendment to the Callan LAP and the proposed site specific development at Westcourt by Camphill.

Expression of support for the proposed amendment is noted.



Submissions Received 2015

Name/ Group: An Taisce

Submission CA/15 ‐ A Chief Executive’s Response CE’s Recommendation

An Taisce notes the important social and cultural role of Camphill in the community and supports the proposal.

Comments and expression of support are noted.


Name/ Group: Callan Heritage Society

Submission CA/15 ‐ B Chief Executive’s Response CE’s Recommendation

The Callan Heritage Society note the proposed amendment and have read the two reports on the area of the Demesne which were commissioned by Camphill Community and they welcome the proposed restoration and development of the walled garden and surroundings at Westcourt.

Comments and expression of support are noted.


Name/ Group: Geological Survey of Ireland

Submission CA/15 ‐ C Chief Executive’s Response CE’s Recommendation

The GSI, as part of the Department of Communications, Energy and Natural Resources acknowledges receipt of correspondence. Details are provided of information available, and ways to access GSI data on‐line.

Comments noted. No change recommended.

Name/ Group: Dept Environment Community and Local Government

Submission CA/15 ‐ D Chief Executive’s Response CE’s Recommendation

1) Notes that a Stage 2 Appropriate

Assessment was carried out, but that SEA was only carried out to screening stage which is inconsistent with the requirement of SEA Directive; where a stage 2 AA was required, a full SEA must also be undertaken. The Directive is legally binding, and must be fulfilled by the Planning Authority.

2) Further information should be provided as to what type of development and what type of activity is intended, within the objective.

Comments noted. The DoECLG 2016 submission refers to the comprehensive nature of the objective and that it is in line with proper planning and sustainable development. The proposed amendment provides a detailed site specific objective

Recommended that a full SEA be carried out. This SEA Environmental Report has now been prepared and accompanies the current proposed amendment. No change recommended.


3) Planning Authority should satisfy itself that

there is no other alternative, optimum land for this form of development considering all options.

4) Department request that the Planning Authority address the forgoing matters and are advised that if compliance with the SEA Directive is not demonstrated, the Minister would consider use of Ministerial Direction.

5) Regard should be had to any issues raised by

the SRA, the OPW and the NRA.

which provides information about the proposed type of development as follows: 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 a number of environmental, heritage and design considerations. Further activity on site will be in accordance with the proposed agricultural zoning on the site. The 2016 DoECLG submission refers to the comprehensive nature of the objective, its practical limitations and support for an identified community need. The site is immediately adjacent to the town boundary of the Callan LAP. The Camphill Community currently owns the subject site and it is economically feasible and viable for these lands to be developed for these purposes. The pedestrian connection from the site back to the core of the town will consolidate the Camphill community and help it grow sustainably within the town. The Planning Authority is satisfied that the amendment is in accordance with the proper planning and sustainable development of the town. Comments noted; an SEA will be prepared to inform the assessment of the proposed amendment. Comment noted.

No change recommended. Recommended that a full SEA be carried out. This SEA Environmental Report has now been prepared and accompanies the current proposed amendment. No change recommend.


Name/ Group: Environmental Protection Agency

Submission CA/15 ‐ E Chief Executive’s Response CE’s Recommendation

1) In making your determination on whether or

not the Amendment would be likely to have significant effects on the environment, the potential for significant effects on biodiversity and water quality of the River Barrow and River Nore cSAC should be taken into account.

2) Clarification on the need for SEA where an

AA is required is provided in the DECLG Circular Letter “SEA 1/08 & NPWS 1/08”, dated the 15th February 2008:

“In any case where, following screening, it is found that the draft plan or amendment may have an impact on the conservation objectives of a Natura 2000 site or that such an impact cannot be ruled out, adopting a precautionary approach‐ ‐ an appropriate assessment of the plan must be carried out and ‐ in any case where a strategic environmental assessment (SEA) would not otherwise be required, it must also be carried out.” Further information on the implementation of the SEA Directive where a plan has been found to have significant environmental effects under Article 6 of the Habitats Directive is included in the report entitled “Implementation of the Directive 2001/42/EC on the Assessment of the Effects of Certain Plans and Programmes on the Environment” (European Commission, 2003) which states that: “Article 3(2) (b) refers to Articles 6 and 7 of Directive 92/43/EC (the Habitats Directive). These Articles require an 'appropriate assessment' of 'any plan or project not directly connected with or necessary to the management of a site but likely to have a significant effect thereon'. Hence, if a plan has been found to have significant environmental effects under Article 6(3) of Directive 92/43 on a certain site or sites, this finding triggers the application of the SEA Directive”. 3) Alternative locations within the LAP

boundary already zoned for new residential development should also be explored. The amendment should be consistent with planning policy guidelines and in the context

The text of the amendment includes specific provisions in relation to wastewater and storm water drainage which will negate any negative impact on water quality in the adjoining river, which is a tributary of the River Barrow and River Nore SAC. This has resulted from a detailed Appropriate Assessment of the proposed amendment. The clarification on legislative requirements as set out in the DECLG Circular Letter “SEA 1/08 & NPWS 1/08”, and the requirements as set out in the report “Implementation of the Directive 2001/42/EC on the Assessment of the Effects of Certain Plans and Programmes on the Environment” (European Commission, 2003) require that where an appropriate assessment is required this finding triggers the necessity to carry out a Strategic Environmental Assessment. The submission received from the DECLG in 2016 refers to the comprehensive nature of the objective and its practical limitations and support for an

No change recommended. Recommended that a full SEA be carried out. This SEA Environmental Report has now been prepared and accompanies the current proposed amendment. No change recommended.


of the Callan LAP objective to “adopt a sequential approach to the zoning of residential lands extending outwards from the centre of an urban area.”

4) The conclusions and recommendations in

the Strategic Flood Risk Assessment should be followed when considering the Amendment.

5) The provisions for the protection of designated sites and species in Chapter 8‐ Heritage – Kilkenny County Development Plan and Section 5.16 ‐Callan LAP should also be reflected in considering the Amendment. An appropriate riverside buffer to protect the cSAC and assist with flood risk management is particularly relevant in the context of the Flood Risk Assessment.

identified community need.The site is immediately adjacent to the town boundary of the Callan LAP. The Camphill Community currently owns the subject site and it is economically feasible and viable for these lands to be developed for these purposes. The pedestrian connection from the site back to the core of the town will consolidate the Camphill community and help it grow sustainably within the town. The Planning Authority is satisfied that the amendment is in accordance with the proper planning and sustainable development of the town.

The SFRA has informed the proposed objective for the site which states as part of the amendment that ‘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’. The proposed objective for the site states as part of the amendment that 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’; thus the integrity of the cSAC will be protected. At application stage any potential impacts on cSAC can be assessed as part of the Development Management process.



6) The proposed pedestrian link intended to connect the proposed new residential development to the town centre has potential, depending on the route chosen to impact adversely on the River Barrow and Nore cSAC. It should be ensured that any pedestrian bridge proposed is screened in accordance with Article 6 of the Habitats Directive.

7) Adequate and appropriate infrastructure

should be required to be put in place, to service any development proposed.

The proposed objective for the site provides for development to be in accordance with Article 6 of the Habitats Directive: ‘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’. The proposed objective for the site states as part of the amendment that ‘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’.


Name/ Group: Irish Water

Submission CA/15 ‐ F Chief Executive’s Response CE’s Recommendation

Irish Water does not have any issues in relation to the provision of water or wastewater for the proposed residential units for the Camphill Community as the amendment states that development can only proceed if there is sufficient capacity in the treatment system. A quality issue at the treatment plant in Callan is being addressed. Irish Water does not oppose the proposed amendment to the LAP.

Comments of no objections from Irish Water are noted.


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