D13b Strategic Environmental Assessment - City

SCP120605.2 EPA Submission Kilkenny City & Environs DP 2014-20 19.08.13

 

Re. Draft Kilkenny City and Environs Development Plan 2014-2020 and Strategic Environmental Assessment Environmental Report

 

Dear Ms O’Sullivan,

The Environmental Protection Agency (EPA) acknowledges your notice, dated 21st June 2013, regarding the above. Please find attached the Environmental Protection Agency’s submission in relation to the Draft Kilkenny City and Environs Development Plan, hereafter called “the Plan”, and Environmental Report.

 

Annex 1 of Directive 2001/42/EC (SEA Directive) and Schedule 2B of the Planning and Development (Strategic Environmental Assessment) Regulations 2004 (S.I. No. 436 of 2004), the SEA Regulations , set out the “Information to be contained in an Environmental Report”.

 

This submission is intended to promote

- full and transparent integration of environmental considerations in the Plan,

- the integration of the Plan-making and SEA processes and

- compliance with the requirements of the SEA Directive and associated Regulations.

 

Future Amendments to the Draft Plan

Where amendments to the Plan are proposed, these should be screened for likely significant effects in accordance with the criteria as set out in Schedule 2A of the SEA Regulations and should be subject to the same method of assessment applied in the “environmental assessment” of the Draft Plan.

 

Updated Circulars/Regulations

Your attention is also brought to the recent DoECLG Circular (Circular PL 9 of 2013) ‘Article 8 (Decision Making) of EU Directive 2001/42/EC on Strategic Environmental Assessment (SEA) as amended’ which should be taken into account during the preparation of the Draft Plan and in undertaking the SEA process.

 

SEA Statement – “Information on the Decision”

Following adoption of the Plan, an SEA Statement, should summarise the following:

How environmental considerations have been integrated into the Plan; How the Environmental Report, submissions, observations and consultations have been taken into account during the preparation of the Plan; The reasons for choosing the Plan adopted in the light of other reasonable alternatives dealt with; and, The measures decided upon to monitor the significant environmental effects of implementation of the Plan.

 

A copy of the SEA Statement with the above information should be sent to any environmental authority consulted during the SEA process.

 

 

 

Draft Kilkenny City and Environs Development Plan 2014-2020 and Strategic Environmental Assessment (SEA) Environmental Report

Environmental Protection Agency Comments 19th of August 2013

 

The comments below relate to the integration of the environmental considerations and recommendations that have been set out in the Environmental Report, as well as additional information highlighted by the EPA, within the Plan. Suggestions are put forward for consideration with a view to integrating of a number of key environmental considerations within the Draft Kilkenny City and Environs Development Plan, hereafter referred to “the Plan”.

 

The EPA is a statutory Environmental Authority under the SEA Regulations. The EPA’s role in SEA in relation to Land Use Plans focuses on promoting full integration of the findings of the Environmental Assessment into the Plan.

 

The Plan clearly demonstrates the integration of SEA, AA and FRA. In particular aspects such as water quality, biodiversity, green infrastructure, climate change mitigation and flood risk management are taken into account to a significant degree in the Plan.

 

It is noted that the Plan includes a significant number of “development management standards” in addition to relevant related objectives for protecting environmental sensitivities / vulnerabilities. Consideration should be given to clarifying the status of these development management standards. This is in the context of whether these standards represent a strict policy framework in providing firm commitments to address/manage/protect specific issues, or whether they are broader level commitments.

 

Consideration should be given to clearly and systematically identifying objectives and “development management standards” through the use of a suitable standardised coded reference system. There would be further merits in the inclusion, where relevant and appropriate by chapter or in a single presentation, of a table(s) listing all objectives and “development management standards”.

 

There may be merits in presenting the Renewable Energy Strategy (RES), currently integrated within the Plan, as a separate document to the City and Environs Development Plan, in association with a county wide strategy and assessing this RES separately under the requirements of the SEA and Habitats Directives.

 

This approach has been carried out in a number of other Local Authorities (Clare, Kerry, Galway and Mayo for example) and allows for a more detailed assessment of specific aspects of RES developments. It also allows for the assessment of likely significant effects associated with renewable energy developments, alternative development scenarios for siting renewable energy developments, and also taking into consideration the specific mitigation measures/ monitoring aspects that may be required.

 

The proposed County Heritage Plan, Biodiversity Plan, and Green Infrastructure Strategy, as committed to in the Plan, in addition to the existing Landscape Character Strategy and Draft City and Environs Development Plan policy framework should inform the preparation of the RES and any developments arising out of implementation of the RES.

SCP120605.2 EPA Comments Draft Kilkenny CDP & SEA ER 19.08.13

 

The use of maps and tables included throughout the document is welcomed. Consideration should be given to the inclusion of more comprehensive mapping of proposed residential/commercial/industrial development. In particular, the approach adopted in Figure 3.2 Western Environs Development Parcels (see comments on Chapter 3 Core Strategy and Zoning below), should be considered for areas of development other than ‘Western Environs’. There would also be merits in including a cumulative environmental sensitivity map, showing the overlapping environmental sensitivities within the Plan area. The benefit of such a map would be to highlight the areas of overlapping vulnerability which should be afforded particular protection in implementing any developments in those areas.

 

SECTION 1: DEVELOPMENT PLAN

The comments below relate to the Development Plan. Comments and suggestions in this Section are put forward for consideration and mainly relate to the key stages and outputs of the SEA Process.

 

Chapter 3-Core Strategy and Zoning

Figure 3.2 Western Environs Development Parcels is noted, as is the detail provided on both individual zoning blocks and Phase 1/Phase 2 developments. Consideration should be given to highlighting in a similar way the specific zoning and phasing of proposed development in both the ‘Louhgmacask Development Parcel’ (mapping the detail provided in 3.3.2.2 Phasing within LAP areas) and also, the additional 21.63ha of Infill/Brownfield land set aside elsewhere in the Plan. Outlining in greater detail the exact nature of the development outside the scope of the Western Environs Development Parcel, an area which represents approximately 60% of proposed development, will help to further inform the approach taken to Core Strategy and Zoning in the Plan. Consideration should be given to providing clarification of the requirement for, and the location of, the Strategic Reserve areas included in Figure 3.1 Core Strategy.

 

Table 3.5 Development Criteria for land in the Western Environs Parcel is noted. Consideration should be given to the inclusion of a similar table to outline development criteria in respect of the Loughmacask Development Parcel where relevant and appropriate. The inclusion of a list of the ‘infrastructure which must be in place before the Western Environs Parcel can develop’ is noted. There would be merits in the inclusion of a specific objective/development management standard in the Plan, to ensure that in terms of any planned infrastructural improvements, the requirements of the EIA, Habitats, Water Framework and Floods Directives respectively are taken into account where appropriate.

 

The reference under subsection 3.4.5.14 Transitional Areas …’to avoid abrupt transitions in scale and use at the boundary of adjoining land use zones’… is noted. Consideration should be given to the inclusion of the issues raised under this heading, including design, use, scale, density and appearance in an objective/development management standard where appropriate

 

Chapter 6 – Recreation

It is noted in subsection 6.1.2.1 Regional and City Parks and Corridors-River Nore Linear Park, that proposals include provisions for a number of footpaths, cycleways and pedestrian bridges. Such activities have the potential to impact on the River Barrow and River Nore cSAC, in particular in respect of the potential for cumulative impact on biodiversity. Consideration should be given to establishing an environmental management plan to take account of construction, maintenance, flood risk, waste management, and impacts on biodiversity etc. Development associated with the River Nore Linear Park should be subject to the requirements of the Habitat Directive in consultation with the NPWS and as appropriate the EIA Directive. The potential effects on Freshwater Pearl Mussel catchments, including in particular the River Nore catchment, should be assessed and appropriate, management and mitigation measures incorporated as necessary.

 

In proposing under Subsection 6.4.2 Walking and Cycling to support and develop walking and cycling routes within the Plan area, you are referred to the requirements of the Habitats Directive which should also be consulted in relation to the provision of buffer zones, lighting, route construction/maintenance aspects etc. to avoid potential for impacts on or disturbance to protected habitats and species.

 

Chapter 7-Heritage

The Agency acknowledges the intention to implement the County Heritage Plan and County Biodiversity Plan. There would be merits however, in specifying the timescale within the lifetime of the Plan by which these will be completed. The specific objective to prepare and support the implementation of a Green Infrastructure Strategy for the Plan is also noted. Consideration should also be given to referencing the support of ecological networks within the Plan area.

 

In subsection 7.2.1.1. Protected Areas of International Importance: Natura 2000, the intention to ensure that appropriate assessment is undertaken for relevant plans or projects is noted. There would be merits in including this commitment in a development management standard where appropriate.

 

Chapter 8 – Infrastructure & Environment

Consideration should be given in 8.1.2 Water Supply, to including a commitment to provide appropriate mitigation measures to address the issue of elevated THM’s identified at the Kilkenny City (Radestown) Public Water Supply, and included on the EPA’s Remedial Action List.

 

In Section 8.2.3 Water Quality, there would be merits in including the last paragraph in 8.2.3.1 Water Framework Directive as a specific “development management standard”.

 

Consideration should also be given to strengthening the third bullet point in subsection 8.2.3.4 Water Quality Development Management Standards. A stronger commitment to implementation other than “to have regard to” should be made to protecting groundwater.

 

In subsection 8.2.4.1 Flood Management Objective, in the context of providing clarity, consideration should be given to referring specifically to the full name of the Planning System and Flood Risk Management - Guidelines for Planning Authorities (DEHLG/OPW, 2009).

 

The Objective under subsection 8.2.6.1 Waste Management relating to the implementation of the Joint Waste Management Plan for the South East Region is acknowledged. Consideration should be given to taking into account the requirements of the SEA and Habitats Directives in particular in relation to screening for likely significant effects in accordance with S.I. No. 435 of 2004, as amended by S.I. No. 200 of 2011. The recent reconfiguration of Waste Management Planning is noted. Plans prepared under the Southern WMP Region should take into account the requirements of the SEA and Habitats directives.

 

Chapter 9 Renewable Energy Strategy

Consideration should be given to amending the strategic aim in relation to: “To promote and facilitate, in a sustainable manner, all forms of renewable energies and improvements in energy efficiencies as a response to climate change”.

 

Your attention is drawn to the guidance document Methodology for Local Authority Renewable Energy Strategies (SEAI, 2013) which should be referenced and integrated as appropriate into the Plan and RES.

 

The inclusion of Table 9.1 Summary of potential impacts from hydro-power scheme is noted. The proposed mitigation measures in the Plan should be assessed against these potential impacts to ensure they are sufficiently robust to manage/avoid any potential significant effects. It should also be ensured that any proposals for renewable energy developments take into account the requirements of the Habitats, EIA, Water Framework and Floods Directives as relevant and appropriate. There would be merits in including a commitment to requiring an environmental management plan be prepared for proposed renewable energy developments, in particular in respect of any development which may be proposed for the ‘Dukesmeadows’ site at the old Ormond Woollen Mill. This commitment should take account of aspects such as hydrology, water quality, protected species (including fisheries), freshwater pearl mussel management in respect of the River Nore catchment, siting, construction, operation, maintenance, waste management, transportation etc.

 

In subsection 9.5 Wind Energy-Development Management, consideration should be given to amending the commitment given as follows: “…will implement in full the Wind Energy Development Guidelines and…” There would also be merits in referencing the full title of the relevant Guidelines.

 

Chapter 10 Transport

The potential for new infrastructural projects under 10.4 New Roads, and in particular, 10.4.6 Road Objectives is noted. In terms of planned infrastructural improvements it should be ensured that the requirements of the EIA, Habitats, Water Framework and Floods Directives respectively are taken into account where appropriate. The potential for cumulative effects on water quality associated with future infrastructural developments should also be taken into account.

 

SECTION 2: ENVIRONMENTAL REPORT

The comments below relate to the Strategic Environmental Assessment Process and the Environmental Report. Comments and suggestions in this Section are put forward for consideration and mainly relate to the key stages and outputs of the SEA Process.

 

2. Contents and Description of the Plan

In Section 2.3 Relationship with Other Plans / Programmes, there would be merits in taking into consideration and including a reference as relevant to the Draft Fresh Water Pearl Mussel Sub-Basin Management Plans for the River Nore.

 

3. Current state of the environment and do nothing scenario

In subsection 3.3.1 Designated Sites, as well as those sites identified, consideration should also be given and reference made to any Designated Sites within 15m of the Plan area.

 

The inclusion of Table 3.10 Water Quality in Co. Kilkenny 2008-2011 in Section 3.6 Water is acknowledged. Subsection 3.6.1.2. Surface Water Quality refers to the River Nore within the Plan area at Brewery Bridge being classified as having ‘poor’ status. The Plan should ensure that water quality is protected in accordance with the requirements of the Water Framework Directive and associated South East River Basin Management Plan. The EU’s Common Implementation Strategy for the Water Framework Directive (2000/60/EC) – Guidance Document No. 20, in particular Section 3.5 Key Issues for Article 4.7 should be taken into account to ensure that any proposed land use zoning or development associated with the Plan is not in breach of the requirements of the Water Framework Directive.

 

It is noted in Section 3.6.4 Water Supply Schemes, that the Kilkenny City (Radestown) public drinking water supply is currently listed on the Agency’s Remedial Action List (RAL).

The WWT plant in Kilkenny is included in recent EPA Waste Water Reports, as one of eight large agglomerations (over10,000 p.e) in the country, where nutrient treatment as required by the Urban Waste Water Treatment Directive is not yet in operation. In this case under the Directive it should have been installed by the 31 May 2008. It should be ensured that in implementing the Plan, a safe and secure drinking water supply is provided and that the appropriate measures are taken to remove the supplies from the Agency’s RAL.

 

In Subsection 3.6.6 Flooding, consideration should be given to including a reference to the South Eastern CFRAMS Study. There would be merits to a commitment to consideration of effects/cumulative effects that may be highlighted by this study in subsequent variations/review of the Plan and to the integration of the recommendations of the South Eastern CFRAMS Study Flood Risk Management Plan being reflected in an objective/development management standard where appropriate in the Plan.

 

4. Policy Objectives

Consideration should be given to amending Environmental Protection Objective (EPO) B1 to take into account the need to protect ecological linkages / corridors connecting designated sites. Ecological corridors are also of importance to protecting undesignated sites / species and habitats.

Consideration should also be given to amending Environmental Protection Objective (EPO) P1 as follows: “…Improve people’s quality of life based on sustainable, high quality, working and recreational…”

 

5. Assessment of Alternatives

The inclusion of Table 5.1 Assessment of Alternatives is acknowledged. There would be merits however in including a summary of the full range of effects (Schedule 2B[f]) including cumulative effects. The potential for cumulative effects in combination with other relevant plans/ programmes and projects should also be considered.

 

7. Mitigation Measures

Section 7.2 Development Objectives summarising the proposed mitigation measures in the various chapters of the Plan is noted.

 

8. Monitoring Measures

It is noted that Section 8 Development Plan Monitoring, paragraph 4 on page 67, outlines that if an objective has a negative impact on the environment, it may be necessary to review the objectives of the Plan or to take some other form of intervention, such as through the making of a variation. The requirements of the SEA, EIA, Habitats, Water Framework and Floods Directives and associated Irish legislation should also be taken into account where a variation is proposed.

The inclusion of Table 8.1 Monitoring Proposals for Environmental Categories, showing the indicators, monitoring frequencies and sources of date for the various environmental criteria is noted. Consideration should be given to the inclusion of a further column indicating the allocation responsibility for each monitoring target.

 

SECTION 3: STRATEGIC FLOOD RISK ASSESSMENT

The scope and detail included in Appendix 1-Strategic Flood Risk Assessment is noted and welcomed. The recommendations of the SFRA, including those incorporated into 8.2.4.1 Flood Management Objective: “…the avoidance of development in areas where flood risk has been identified shall be the primary response...” is acknowledged.

 

APPENDIX 1

ADDITIONAL CONSIDERATIONS FOR THE DRAFT KILKENNY CITY & ENVIRONS DEVELOPMENT PLAN 2014-2020

1 ENVIRONMENTAL IMPACT ASSESSMENT (EIA)

The Plan should highlight that under the EIA and Planning and Development Regulations certain projects that may arise during the implementation of the Plan may require an Environmental Impact Assessment. There are also requirements with regard to EIA for sub-threshold development. In this regard, you are referred to the following Publications: “Guidelines on Information to be contained in Environmental Impact Statements” (EPA, 2002). “Advice Notes on Current Practice in the preparation of Environmental Impact Statements”, (EPA, 2003).

In addition to the above, the “Environmental Impact Assessment (EIA) Guidance for consent Authorities regarding sub-threshold development”, (DEHLG, 2003) and the Appropriate Assessment guidance document ‘Appropriate Assessment of Plans and Projects in Ireland ‘(DoEHLG, 2009) should also be taken into account.

It should be noted that the Projects would also be required to be screened with respect to the requirement for Habitats Directive Assessment/Appropriate Assessment as required by Article 6 of the Habitats Directive.

 

2 STRATEGIC ENVIRONMENTAL ASSESSMENT(SEA)

Consideration should be given to the inclusion of a specific Policy/Objective in the Plan to ensure full compliance, with the requirements of Directive 2001/42/EC on the assessment of the effects of certain plans and programmes on the environment – The SEA Directive and the associated Planning and Development (Strategic Environmental Assessment) Regulations, 2004.

Your attention is brought to the new SEA Regulations, which should be referenced and integrated into the Plan and SEA process. Two amending SEA Regulations were signed into Irish law on 3rd May 2011, amending the original SEA Regulations: European Communities (Environmental Assessment of Certain Plans and Programmes) (Amendment) Regulations 2011, (S.I. No. 200 of 2011), amending the European Communities (Environmental Assessment of Certain Plans and Programmes) Regulations 2004 (S.I. No. 435 of 2004), and

Planning and Development (Strategic Environmental Assessment) (Amendment) Regulations 2011, (S.I. No. 201 of 2011), amending the Planning and Development (Strategic Environmental Assessment) Regulations 2004 (S.I. No. 436 of 2004).

You are also referred to the DoECLG Circular (PSSP 6/2011) issued on the 26th July 2011 to each County/City Manager, Director of Services and Town Clerk in relation to ‘Further Transposition of the EU Directive 2001/42/EC on Strategic Environmental Assessment (SEA)’ and the recent DoECLG Circular (Circular PL 9 of 2013) ‘Article 8 (Decision Making) of EU Directive 2001/42/EC on Strategic Environmental Assessment (SEA) as amended’ which should be taken into account during the preparation of the Draft Plan and in undertaking the SEA process.

 

Kilkenny Borough Council need to be cognisant of their responsibilities with respect to the SEA Directive and related SEA Regulations through the Plan. This is of relevance to City Development Plans, Town Plans, Local Area Plans including reviews, variations and amendments etc.