D23 Archaeology, Nature Conservation

Re: Draft County and City & Environs Development Plans for 2014-2020

 

A Chara,

I refer to the above Plans. Please find hereunder the observations and recommendations of the Department of Arts, Heritage and the Gaeltacht for consideration by your Authority.

 

Underwater Archaeology

While the proposed Draft LAPs have taken on board the terrestrial elements of our cultural heritage and do mention underwater heritage, they do not provide sufficient detail that ensures that underwater heritage is adequately highlighted. Neither do they provide mention of the relevant sources for the underwater cultural heritage.

 

It is advised that the plans be updated to include specifically addressing that any proposed development near watercourses, be they freshwater or in marine/coastal areas, should take into account the potential to encounter underwater cultural heritage. Such sites may include shipwrecks but also as previously highlighted, fishtraps, fording points, bridges, intertidal kelp grids, etc. as well as artefactual material from an underwater context. Due regard to the Shipwreck Inventory of Ireland database and Ports and Harbours Archive, as held by the Underwater Archaeology Unit in the National Monuments Service, should be consulted as part of informing on this aspect of our

archaeological heritage.

 

To ensure the preservation of all sites and features of historical and underwater archaeological interest, the Planning Authority should have regard to the advice and recommendations of the Underwater Archaeology Unit of the Department of Arts, Heritage & the Gaeltacht in respect of planning decisions.

 

Archaeological Conditions may be imposed requiring:

• Preservation (in situ) of all or part of any underwater archaeological remains

• Preservation (by record) of all or part of any underwater archaeological remains

• Modification of the design/layout to facilitate underwater archaeological preservation

• Establishment of a buffer in the vicinity of the underwater archaeological remains to ensure

preservation/protection

• Further underwater archaeological assessment or investigation including diver survey,

geophysical survey, wading or intertidal survey or test excavation

• Professional archaeological supervision or monitoring of site excavation/demolition works by a

suitably qualified archaeologist with underwater experience.

 

Any development either above or below water, including to river banks or coastal edges, within the vicinity of a site of archaeological interest shall not be detrimental to the character of the archaeological site or its setting.

 

If preservation by record is to be applied, during any development, the developer must accept responsibility for the costs of the archaeological excavation, including underwater archaeological survey or excavation, to the extent necessitated to minimalise impact by the development. Such costs include those arising from the preparation of a report on the archaeological work.

 

The Department advises that the Draft LAPs be updated to include our comments above and to ensure the broader nature and extent of our underwater cultural heritage is addressed, informed upon and ultimately preserved.

 

Nature Conservation

Kilkenny Draft County Development Plan Plan

The draft Plan has the potential to impact on the natural heritage from a number of proposals including road developments, preferred wind energy locations, locations for hydroelectric power, river walks and cycletracks including with lighting. The Department therefore welcomes the strong protection given to the natural heritage including designated sites, protected species and biodiversity in general and that it is clearly shown in both the SEA and the NIR how these processes led to mitigation measures including by way of development management standards to ensure the environment was protected. Notwithstanding the fact that section 1.5 states that each chapter is not a stand-alone chapter, in some cases it may be helpful to have cross-referencing and or standardisation of these development management standards as discussed in some examples below.

 

As there appears to be an increasing demand nationwide at present to open up rivers and other waterways for amenity purposes it is essential that such developments are considered carefully as there is a potential for a cumulative impact on biodiversity. With regard to protection of rivers and their corridors, apart from the objective to protect them in section 8.2.3 it is noted that they are covered by development management standards at section 7.3.3.1 and criteria set out in 7.3.4.1 in chapter 7 dealing with Recreation, Tourism and the Arts. However, there is also a development management standard in chapter 8 in section 8.2.6. It appears that the development management standard in chapter 8 additionally affords protection to species, to the function of the river as a corridor and requires consultation with IFI and NPWS. All these measures are very welcome to ensure protection of rivers and for clarity it is recommended that these two development management standards are cross referenced.

 

Figure 8.1 shows a map of designated sites. The sites of geological interest are numbered and it would also be useful if figure 8.1 indicated that the numbers for the sites of geological interest refers to appendix E. For cSAC, SPA and NHA sites there are no numbers or names to indicate what they are. It would be useful if the sites could be numbered and if figure 8.1 could be linked with table 8.1 which lists these sites.

 

The two objectives in section 8.2.1.3 may need rewriting similar to as suggested below to clarify them. In particular, it appears from table 8.1 that a natural heritage site in this Plan refers to cSAC, SPA, NHA, pNHA, SNR and WF. However the second objective (second bullet point) in section 8.2.1.3 refers to the Wildlife Acts and Flora Protection Order which indicates an intention to afford protection to protected species of plants and animals listed in the Wildlife Acts and the Flora Protection Order and which may well occur outside of designated sites. What appears to be intended is:

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.

To protect and, where possible, enhance the plant and animal species and their habitats that have been identified under European legislation (Habitats Directive 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 (SI 94 of 1999)).

 

The development management standard in this section should be expanded to include that in addition to an ecological impact assessment an appropriate assessment screening/appropriate assessment should be carried out.

 

Wind energy is dealt with in section 10.5 of the Plan and in appendix J, where there do not appear to be any development management standards for wind energy. However there is a development management standard for wind energy with respect to landscape in section 8.2.10.6. This may need to be referenced in chapter 10. There does not appear to be any development management standard for wind energy with respect to the natural heritage, this may need to be clarified.

 

It is not clear what the numbered areas in figure 10.2 relate to, there needs to be a reference on this figure to appendix J.

 

Section 10.7 shows a map of suitable hydro power locations, some of which are cSACs and SPAs. It is advised that where such locations are indicated on a map and where there is likely to be a significant effect on a European site, or the effect is uncertain, that this should be clearly noted in the Plan and it should be stated that issues may arise under Article 6.3 of the Habitats Directive that will require assessment and that alternative solutions may need to be considered to avoid such an impact. Therefore the paragraph in section 10.7.2 may need to be expanded. Similar comments apply to wind energy where the NIS has identified that a preferred location shown on the map includes Culahill Mountain cSAC.

 

SEA

Table 4.1 lists the SEA objectives. The objective for Biodiversity flora and fauna is to protect and where appropriate enhance biodiversity particularly protected areas and protected species. This is a good all encompassing objective. However the accompanying broad planning policy objective has overlooked the inclusion of protected species. It is recommended that this is amended to include

species, particularly protected species.

 

Table 8.1 details the targets, indicators, data sources and monitoring. The targets are good and inclusive. However, the data source for the target of no deterioration in the quality of protected areas is given as the NPWS report for the conservation status of habitats listed under the Habitats Directive, which is produced every 6 years. This 6 year report however would not include all designated sites but only European sites, i.e. Special Areas of Conservation designated under the Habitats Directive and Special Protection Areas designated under the Birds Directive. This data source therefore needs to be amended.

 

NIR

The River Barrow and River Nore cSAC now has detailed conservation objectives dated 19 July 2011 defined by attributes and targets. It is not clear from page 24 of the NIR if they have been used or not in the NIR as there is no mention of the attributes and targets. As detailed on page 2 of these conservation objectives, under the heading of “Notes/Guidelines” the version number and date of any conservation objectives quoted should be given.

 

It is noted that a 15 km distance from the county boundary was used for carrying out the assessment. It should be noted that for rivers a catchment basis is more appropriate. The NIR seems to have smaller print compared to the rest of the documents, which is not as user

friendly.

 

Kilkenny Draft City & Environs Development Plan

Plan

The Department welcomes the strong protection given to the natural heritage including designated sites, protected species and biodiversity in general including corridors and stepping stones for the purposes of article 10 of the Habitats Directive. In addition the recognition of licensing requirements in section 7.2.1.3 for protected species is welcome.

 

As with the County Development Plan comments above the two objectives in section 7.2.1.3 may need rewriting similar to as suggested below to clarify them. In particular, it appears from table 7.1 that a natural heritage site in this Plan refers to cSAC, SPA and pNHA. However the second objective (second bullet point) in section 7.2.1.3 refers to the Wildlife Acts and Flora Protection Order which indicates an intention to afford protection to protected species of plants and animals listed in the Wildlife Acts and the Flora Protection Order and which may well occur outside of designated sites. What appears to be intended is

 

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.

To protect and, where possible, enhance the plant and animal species and their habitats that have been identified under European legislation (Habitats Directive 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 (SI 94 of 1999)).

 

The development management standard in this section should be expanded to include that in addition to an ecological impact assessment an appropriate assessment screening/appropriate assessment should be carried out.

 

SEA

Table 3.10 in section 3.12 may need amending to correct some apparent omissions, in particular an interaction is shown between biodiversity flora and fauna and population and human health but not vice versa. In addition, there should be an interaction shown between air and biodiversity flora and fauna as air quality can impact on species such as lichens.

 

Table 4.1 lists the SEA objectives. The objective for Biodiversity flora and fauna is to protect and where appropriate enhance biodiversity particularly protected areas and protected species. This is a good all encompassing objective. However, the accompanying broad planning policy objective has overlooked the inclusion of protected species. It is recommended that this is amended to include species, particularly protected species.

 

The table in section 6.1 shows no relationship or insignificant impact between biodiversity flora and fauna and the objective to deliver and implement 6 projects associated with the Medieval Mile proposals. It should however be listed as uncertain so as to correspond to the NIR.

Table 8.1 seems to have the right hand side cut off.

 

NIR

The River Barrow and River Nore cSAC now has detailed conservation objectives each defined by a list of attributes and targets. It is not clear from table 2.2.4.1 of the NIR if they have been used or not in the NIR as no reference has been made to the list of attributes and targets. As detailed on page 2 of these conservation objectives, under the heading of “Notes/Guidelines” the version number and date of any conservation objectives quoted should be given.

 

With regard to Table 3.2 and kingfisher territories for the River Nore SPA it should be noted that these territories can change over time and the data used was dated 2010.  The NIR seems to have smaller print compared to the rest of the documents, which is not user

friendly.

 

Architectural and terrestrial archaeology heritage observations, if any, will follow in due course.

 

Re: Draft County and City & Environs Development Plans for 2014-2020