SUBMISSION TO DRAFT CO DEV PLAN FOR KILKENNY
OVERVIEW
We note that, while you have included some of our suggestions in the Draft, we must point out that, in some respects, referred to in the course of our Submission, the Draft fails to comply with, have regard to or takes into account some of the provisions of:
The NSS;
Plans in adjoining counties;
South East Regional Planning Guidelines;
DoECLG Guidelines.
Also, we would ask you to have another look at the many excellent provisions in the 2008 which haven’t been replicated in the Draft. These are referred to in the course of this Submission.
The mention of a section in the Draft, without comment, means that we support the wording.
Manager’s Report
While we welcome the detailed response to our Submission we are surprised that in 5 instances, where you accepted points made, you failed to follow these through into the Draft. From a perusal of the Council Minutes it appears that no directions relating to these matters were made at the meeting. We can only assume that they were overlooked. These are referred to and highlighted in the course of this Submission.
FORMAT
Index We submit that you should provide an Index as recommended in the Development Plan Guidelines (5.15). See Sth Tipp.
Layout We note that you have not accepted our suggestion that the Plan can be improved by sub-numbering or sub-lettering lists of points and paragraphs which must give rise to problems when referring to particular pts or paras. Furthermore, we submit that the present layout represents a major dis-improvement from the 2008 Plan in that there are now no formal policies which is most unusual. Many of the topics mentioned in the Text of the draft should be up-graded to Objs or DMSs. We feel that the present layout gives a very woolly feel to the Draft and could make for difficulties when considering planning applications and taking enforcement proceedings. To give an example we would refer you to 6.5 Forestry: surely the 4th para should be re-positioned as a DMS. There are many others. We really would ask you to revert to the 2008 format. We commend the Laois Plan as a well laid out Plan. Another example is 7.3.2 Walking & Cycling which contains 3 Objs dispersed throughout the sub-sec.
Chapter 1 Introduction
All 4 paras
1.6.2 NSS We submit that the names of the counties within the South-East Region should be re-positioned in 1.6.8 SERPG.
Also, we submit that you should include an additional para: This Plan has been drawn up to be, as far as practicable, consistent with this Strategy. Based on Nth Tipp 1.4.1 last para, Sth Tipp 1.3 & 1.3.1, Laois 1.1 last para 2nd pt & 2008 Plan 1.5 NSS.
We are of the opinion that the Draft fails in some instances to comply with this requirement. These are referred to further in our Submission.
1.6.6 Ministerial Guidelines We submit that you should include a complete list. See Wexford 1.6 Sec 28 Guidelines.
Also, we submit that you should include an additional para:
This Plan has been drawn up to be consistent with the DoECLG Guidelines and relevant guidelines, policies and objectives of other Ministers. Should there be any amendments thereof or new Guidelines are issued, the Council will consider making Variations to this Plan. Based on Wexford 1.2 2nd para 7th & last pts, Sth Tipp 1.3, Laois 1.1 last para last pt, Nth Tipp 1.4.13 & Carlow Chpt 1.POLICY CONTEXT Ministerial Guidelines.
1.6.8 SERPG
We submit that you should include an additional para: This Plan has been drawn up to be consistent with the Guidelines. Based on Sth Tipp 1.3 SERPG 1.3.3,
Laois 1.1 4th para, Nth Tipp 1.4.4 2nd para, 2008 Plan 1.5 SERPG & Waterford 2.4.1 2nd para.
We are of the opinion that, in some instances, that the Draft fails in some instances to comply with this requirement. These are referred to further in our Submission.
1.8 Monitoring & Review
We submit that you should additional sub-secs:
1 This Plan has been drawn up to take into account plans of adjoining counties. Sec 9(4) 2000 Planning Act. Based on Laois 1.1 4th para & Nth Tipp 1.4.14.
Note As it stands the Draft does not appear to have taken sufficient account of some provisions in adjoining counties.
In particular, we can see little evidence of the influence of the recently adopted Wexford Plan which is, in our opinion, by far the best of plans in adjoining counties;
Also, we submit that the names of the counties should be included. See Nth Tipp 1.4.14.
2 Strive to secure the financial resources to implement the pols and objs. Taken from Laois 1.7.
We note that riders are added to some Objs subject to the availability of financial resources. We submit that where this appears in the Draft it should be deleted as most Objs have financial implications, and it is invidious to single out particular ones.
3 The Plan must include a statement in accordance with Sec 28 of the Planning & Development Act(as amended by Sec 20 of the 2010 Act) as to how the Plan has implemented or not implemented the policies and objectives of the Minister. See Wexford App B Sec 28 Ministerial Guidelines.
Chapter 6 Rural Development
6.2 Agriculture We submit that you should include an additional para: Land-use and agriculture should be considered in a new light since the introduction of the Single Payments Scheme which is leading to a fundamental shift in farming practice. Up to now all land has been regarded primarily as agricultural. In the future commonage and other rough grazing land should be regarded primarily as an environmental/recreational resource. *Farmers will be encouraged to see themselves as custodians of the countryside.
*Taken from NSS 5.2.3 last pt in 1st list of pts on page 101.
Nth Tipp Agriculture 4.4.1h) mentions the increasing demand for recreation space. See Manager’s Report 9.
6.4 Extractive We submit that you should include an additional para: Positively engage, inter-alia, with lobby groups, local amenity groups, other local authorities, National Park and Wildlife Service and state bodies in on-going development and review of the Council’s management and control. Taken from Wexford 6.4.5 Obj ED18.
6.4.2 DMS
1st pt We submit that the first sentence should be replaced by: Cognisance should be paid to guidelines (as may be superseded and/or updated). Based on Wexford 6.4.5 Obj ED11, Carlow Chpt 5 QUARRY INDUSTRIES 15th line, Sth Tipp 5.6.2 5th line & Nth Tipp 4.7.1.
and that you should also include:
Geological Heritage Guidelines(ICF & GSI 2008)
Archaeological Code of Practice((ICF & DoECLG.
See Nth Tipp 4.7.1.
2nd pt
3rd pt We submit that this be replaced by: Ensure, that when extractive activities have ceased, quarries and sand and gravel pits shall be rehabilitated, restored and landscaped to allow for suitable land uses(including recreation and amenity) and that all future extractive activities will allow for rehabilitation of pits and proper land use management. Require that development is phased and each phase is rehabilitated before the next phase is commenced, and that the applicant must submit a restoration programme on the manner and timing of restoration. Based on Nth Tipp 4.7 Pol ENV g), h) & j) & 10.14.5 & South Tipp 5.6.2(vi) & (vii).
4th pt.
We submit that you should additional DMSs:
1 Ensure that developments do not significantly impact on existing public right of ways, walking routes or tourist or recreational amenities. Based on Sth Tipp 5.6.2 (iii), Laois 7.16 P55, SERPG 4.5.4 PPO4.5 & Wexford 18.16 3rd pt. Also Carlow Chpt 5 QUARRY IDUSTRIES 14th line. See M/R 11.
2 Identify existing rights of way and established walking routes prior to new developments. Taken from Carlow Chpt 7 Public Rights of Way 6th pt.
3 Recognising that the industry can have serious detrimental effects, development will be permitted only when the landscape(particularly sensitive ones), archaeological heritage, protected National and European sites, listed views are protected and that development does not adversely affect tourism or recreational amenity and that the development is carefully sited and designed.
4 An EIS must be carried out where required by the prescribed regulations which will contain details of reinstatement and after use. An EIS may also be required for sub-threshold developments. Based on Nth Tipp 10.14.1 &
Laois 12.12 3rd para.
5 Ensure that facilities for manufacture of concrete and tarmac are located within existing sites and must have due regard for visual amenities. Taken from Wexford 6.4.5 Obj ED12.
6 Consider the land/quarry resources of the applicant and the necessity for the current proposal and will seek that the current quarries are worked out and restored before new sites are allowed. Taken from Nth Tipp 4.7 Pol ENV 28.
6.5 Forestry
We submit that you should that this should be merged with Woodlands 7.3.5 and that Woodlands should be included in the Title or if this is not acceptable that the secs should be cross referenced.
1st para
4th para We submit that the 1st sentence should be replaced by: Recognizing the recreational and tourist value of the land, ensure that Forestry activities are appropriate in terms of nature and scale, should avoid the convergence of the forest edge and the skyline, should be monitored in scenic areas and exposed/elevated landscapes and should protect distant or protected views (particularly in Primary and Secondary Amenity Areas). Based on Nth Tipp 4.5.1 e & f) in list of pts & Pol ENV 26 a) & f), South Tipp 9.20(i) & 2nd para 4th pt, Laois 7.13 P 46 & Wexford 6.4.8 Obj ED22.
Last para We submit that this should be replaced by:
Encourage and promote, access to forestry and woodlands, including private forestry, in co-operation with Coillte, the Forest Service and other agencies, for walking routes(including looped walks), mountain trails, bridle paths, orienteering and other non-noise generating recreational activities for the benefit of local people and tourists. Based on Waterford 8.26 Pol NH 23, Laois 7.13 P42, Wexford 15.5 Obj RS 12 & 14 & Carlow Chpt 9 Forested Areas last para.
Note We submit that it is only reasonable to include private forestry in view the substantial grants available.
We submit that you should include a Table of Recreational forests. See Sth Tipp 6.3.7 2nd last para, Laois 8.1 Table 17 6th pt in right-hand col* & Carlow Chpt 9 Forested Areas 1st & 2nd para.
*with accompanying maps
We submit that you should include Objs:
1 Identify existing rights of way and established walking routes before planting commences. Taken from Carlow Chpt 7 Public Rights of Way 6th pt & Laois 7.13 P45.
Note If this isn’t done there is evidence that the walking routes are subsumed into the network of forest roads making it very difficult, over time, to establish the existence of these routes.
2 Engage with Coillte in developing off-road cycling trails at (local) in accordance with Coillte’ Off-road Cycling Strategy(2012).Taken from Wexford 15.6 Obj RS28.
6.5.1 SFM
2nd para
6.5.2 DMS
1st pt
We submit that you should include additional pts:
1 Forestry should not obstruct existing public rights of way, traditional walking routes, recreational and tourism amenities and facilities. Based on Nth Tipp 4.5.1 ENV26 &
Laois 7.13 P 43. See M/R 12.
2 Protect access routes to upland walks and rights of way. Taken from Laois 7.13 P48.
3 On steep slopes above the 300 metre line planting will be strongly discouraged and where possible existing areas under forestry will be reduced and/or redesigned following clear felling. Taken from Waterford 10.36.5 last pt.
4 Discourage new forestry development, except for broadleaf, in proposed/candidate and adopted NHAs,SACs and SPAs in designated Sensitive Rural Landscapes and Visually Vulnerable Areas, along designated Scenic Routes(Broadleaf forestry will be open to consideration in these areas). See M/R 15.
5 Adhere to the relevant guidelines published by the Forest Service. Taken from Sth Tipp 9.20. Also Carlow Chpt 5 FORESTRY 2nd para 2nd last line.
6 Monitor forestry against impacts on archaeological and historic monuments/sites, NHA’s, SAC’s and Geological Sites. Taken from Sth Tipp 9.20(ii).
7 Work in conjunction with the Forest Service to develop a Regional Indicative Forest Strategy. The adopted strategy should provide for the maintenance of public rights of way, traditional walking routes and protection of the landscape and incorporated in development plans. Taken from SERPG
4.5.2 PPO 4.2.
Chapter 7 Recreation Tourism & the Arts
7.3.1 Outdoor Recreation
7.3.2 Walking & Cycling
1st para We submit that you should add: A data base will be set-up and up-dated as new trails emerge. Taken from Wexford 15.6 4th para.
2nd & 3rd paras
4th para We submit that the last sentence and the last sentence in 6th para be merged to form another Obj:
Recognising the potential of walking and cycling from a local as well as a tourism perspective, develop, promote, protect, support, encourage, enhance, extend and facilitate the creation of designated high quality tourist trails and walking and cycling routes (including looped walks)in suitable linear land along cutaway bogs and strategic green corridors in conjunction with Trail Kilkenny. Based on Wexford 15.6 Obj RS19, Carlow Bealach Siúlóide (Walking Routes) 2nd para on page 81, Waterford 6.13 Pol ECD 22 & Obj ECD 5, Sth Tipp 6.6 SEAHO 5 & Laois 6.2 P16 & 10.7 P62.
5th para
6th para We submit that the 1st part of the 1st sentence should be the subject of a separate para and that you should add: Impose a development levy to provide walking amenities and facilities. Taken from 2008 Plan 7.2.5 RTA 30.
7th para We submit that you should add: in consultation with statutory bodies, walking clubs, community groups and landowners. The strategy should indicate the National Trails Network, Pilgrim Paths, Sli na Slainte and other defined walking trails and walking routes, include a register of all walking routes, disused roads, canals and railways, an undertaking to carry out a feasibility study to investigate the recreational use of disused railway track and the potential of establishing walking and cycling routes, maps showing walking and cycling routes. Taken from Laois 10.7 COUNTY WALKING STRATEGY & P 64.
Note Waterford has already adopted a Walking Strategy.
8th para
9th para We submit that this should be replaced by: Expand, promote and encourage dedicated cycleways along routes of high amenity, in conjunction with Failte Ireland and the development cycle-based tourism including off-road cycling by improving cycle routes with better signposting, maps, better road surfaces and greater safety. Support the development of a National Cycle Network and examine the feasibility of links the main towns. Based on Waterford 6.13 Obj ECD 5, Wexford 15.6 Obj RS26 & RS27, Sth Tipp 7.1.4 4th para, SERPG Sec 5 PPO 5.8 3rd & 5th pts & 2008 Plan 7.1.4.1 RTA12.
last para Obj 2nd pt We submit that you should add: in conjunction with Laois County Council.
We submit that you should include additional paras:
1 Failte Ireland notes that cycle tourism represents a growing and valuable market for rural areas as it offers opportunities for the development of cycle hire and cycling holiday operations. Cyclists stay longer in an area, and since they cannot carry much provisions, they need to shop locally. Taken from Wexford 15.6 7th para.
2 Fáilte Ireland’s Strategy for the Development of Irish Cycling Tourism (2007) recommends the designation of a cycling network around the country and the improvement of existing routes with better sign posting, road surfaces and greater safety for the cyclist. The National Cycle Policy Framework (DOT 2009) includes a policy to construct this National Cycle Network and to expand it to include rural recreational routes, paying special attention to the opportunities of using both the extensive disused rail network and canal / river tow-path networks as cycling / walking routes. The development and expansion of the network will be implemented by various Government bodies including local authorities. Taken from Wexford 15.6 6th para.
3 Support the development of the Irish Trails Strategy and the Walks Scheme as they brings significant economic benefits. Based on 2009 Plan 7.1.4.1 Pol RTA11, Carlow Chpt 7 Bealach Siuloide 2nd para 1st line & South Tipp 7.1.4
3rd para.
4 Provide, extend and maintain street lighting on the public roads and footpath network in accordance with best international practice. Investigate the role of lower speed limits in towns and villages to improve safety for pedestrians and cyclists. Ensure that the needs of walkers and cyclists are given full consideration in proposals to upgrade public roads. Based on Laois 10.5 P08 & P54 & Wexford 8.3 Obj TO9 last pt.
5 Ensure that Walking/Cycle Routes are signposted /waymarked where possible and appropriate. Taken from
Laois 10.7 P70. Also Nth Tipp 6.11.3 3rd line.
6 Engage and co-operate with representative bodies, local groups and landowners to support…the development of walking routes. Taken from Wexford 15.6 Obj RS20. Also
Laois 10.7 P71.
7 Provide car parks for walkers and cyclists at appropriate access points to amenities. Taken from Nth Tipp 7.5.7 Obj INF 28 7th line.
8 Establish new Walkways and cycle routes on a legal and permanent basis. Taken from Laois 10.7 P70.
9 Prepare and implement on a progressive basis the development of bridle paths. Taken from Laois 10.7 P 71.
See M/R 22.
10 Protect and promote Greenways and provide linear parks to facilitate the spread of rural landscape into urban areas. Taken from SERPG 5.1.10 PPO 5.8 2nd pt. See M/R 23.
DMS We submit that you should include: Protect and preserve the integrity of walking routes and potential routes by prohibiting the intrusion of development along public walking routes particularly those in scenic areas and by taking the impact of proposed development into account when considering planning applications. Based on Laois 10.7 P56 & P57 & Wexford 8.2.1 Pol WR1.
7.3.3
1st para
2nd para We submit that you should delete from subject on the last line.
7.3.3 Rivers Nore, Suir & Barrow While we support this sec we submit that this and the following sub-sec should be repositioned in 8.2.6 Inland Waters as should 7.3.4 & 7.3.4.1.
7.3.3.1 DMS We submit that you should add: Develop trans-county tourism river linkages. Taken from Laois 13.9 LCT 3 P52.
7.3.5 Woodlands We submit that this sub-sec should be included in 6.5 Forestry.
7.3.6 Public Rights of Way
1st para We submit that you should add: Public Rights of Way constitute an important amenity and an economic asset. They enable the enjoyment of high quality landscape and cultural heritage and are important for tourism development and recreation. A public right of way is a person’s right of passage along a road or path, even if the route is not in public ownership. Taken from Wexford 15.9
1st para.
2nd para We submit that this should be upgraded to a DMS and that maintain and enhance should be inserted after protect. Based on Laois13.12 P92 & Carlow Chpt 5 Public Rights of Way 7th pt.
Also, that the creation of rights of way should be re-positioned in an additional Obj.(1)
3rd para We submit that this para is incorrectly positioned here as it has nothing to do with rights of way. We submit that:
1 The 1st sentenced should be included in elsewhere perhaps in Chpt 5 Housing and Community;
2 The 2nd sentence as far as development should be included in 8.2 Natural Heritage last para; AND
3 The remainder should included in 7.2 Provision of Public Open Space.
DMS We submit that this should be replaced by: Ensure that development does not impinge on public walking routes and existing public rights of way and keep them free from obstruction by prohibiting development. Enforce, by legal action, if necessary, any unauthorised attempt to inhibit access. Based on Laois 10.7 P56 & 13.12 P 94.
We submit that you should additional DMSs:
1 Look favourably on planning applications which include proposals to improve the condition and appearance of existing rights of way. Taken from Laois 13.12 P96 & Carlow Chpt 7 Public Rights of Way 8th pt.
2 Development will not be permitted where a public right of way will be affected unless the level of amenity is maintained by:
(i) the footpath/bridleway being diverted by the minimal practical distance and the route continues to be segregated from vehicular traffic;
(ii) Appropriate legal procedures have been undertaken to extinguish the existing right of way and to establish the new right of way to replace it. Taken from Laois 13.12 P97.
Objs
1st pt We submit that this should be replaced by: The preservation of public rights of way which give access to seashore, mountain, lakeshore, riverbank or other place of natural beauty or recreational utility, which public rights of way shall be identified both by marking them on at least one of the maps forming part of the development plan and by indicating their location on a list appended to the development plan. Taken from 2010 Planning Act sec 7(b)(ii)(o).
2nd pt We submit that this, taken from the 2009 Plan should be deleted as it conflicts with the 1st para.
We submit that you should include additional Objs:
1 Create additional rights of way either, by agreement or the use of compulsory powers and promote their greater use to provide linkages from built up areas to the countryside, particularly access points to the Rivers Nore, Suir and Barrow, to upland areas, lakeshores, river banks, forests, heritage sites, amenity areas, National Monuments and promote their greater use. Based on Sth Tipp 6.3.7 Pol AEH10, Carlow Chpt 7 Public Rights of Way 7th pt, Nth Tipp 8.3.5 1st para & Laois 13.12 P93 & P 95.
2 Protect and promote Greeenways and consider designating them as public rights of way. Taken from Laois 13.12 P36.
3 Include in the Plan by Variation any additional public rights of way identified.
4 Ensure that existing rights of way are sign-posted. Taken from Laois 13.12 P94.
5 Existing Rights of Way and established walking routes shall be identified prior to any new forestry planting, new infrastructural, energy/telecommunications or golf course developments. Taken from Carlow Chpt 7 Public Right of Way 6th pt. Also Laois 13.12 P98.
7.7.2 Noise Generating Sports
7.9 Tourism We note that you have not accepted our suggestion that, where applicable, country recreation and tourism should be integrated. We would ask you to have another look as many recreational activities are enjoyed by both our visitors and local people.
1st para We submit that the 1st para, 7.9.2 2nd para & 7.9.3 last two paras should be combined and also sub-divided into two headings:
A Country Recreational Activities;
B Farm-based Activities.
If you agree, then A would include activities mentioned in 7.9 Tourism 1st para, 7.9.2 2nd para 4th line and the appropriate activities mentioned in 7.9.3 last two paragraphs.
B This would include solely farm-based activities.
Also the 1st pt in the DMS mentions some activities not mentioned earlier. We submit that these should be included in A or B as appropriate.
7.9.1 Sustainable Tourism
1st to 3rd paras
We submit that you should include an Obj: Seek to promote, encourage and facilitate the development of sustainable tourism through the conservation, protection and enhancement of the natural heritage and the protection of sensitive landscapes in order to maximize economic benefits. Taken from Carlow Chpt 9 3rd para.
7.9.2 The Tourism Product
4th para
7.9.2.2 Trails
7.9.3 Integrated Rural Tourism
2nd para
We submit that you should include an additional para: Ensure that landscapes, and the environment, as they have intrinsic values which outweigh their value as tourist assets, are protected so that they can be enjoyed and cherished by future generations and that built development and other activities associated with tourism should be appropriate to the character of the area. Taken from South Tipp 5.6.1 5th para (i) & (ii).
DMS
1st pt We submit that you should delete with the co-operation of landowners as this might be construed to imply that landowners would have some kind of veto on this activity. We submit that their rights are already well-established in law. If you disagree, we would prefer to have this activity omitted.
7.9.4 Tourist Facilities
1st para.
We submit that you should include a DMS: Consider appropriate rural recreational and tourism related developments which would facilitate public access to sensitive landscapes. Developments should be appropriate in scale and be sited, designed and landscaped in a manner which minimises potential adverse impacts on the landscape. Taken from Wexford 14.4.3 L08
Chapter 8 Heritage
Strategic Aim
8.1 Introduction
All paragraphs
Obj We submit that this should be replaced by: Prepare and implement, in partnership with the Kilkenny Heritage Forum and relevant stakeholders, a Co Heritage Plan & a Co Diversity Plan. Taken from the 2008 Plan 8.1 Pol H1.
Note You will be aware that there is no Kilkenny Heritage Plan. This is most unsatisfactory as the Heritage Office operates without the guidance of a Heritage Plan and lacks the approval of the Council. Neither have their actions any formal approval from the public. We must ask you to put in train the procedures to have a draft Plan ready for submission at the earliest possible date with a timetable to have the Plan adopted before the adoption of the county plan.
If a Heritage Plan is in place before the adoption of the Co Plan we submit that you should include an additional Obj: The current Heritage Plan will be reviewed prior to its expiry. Taken from South Tipp 6.5 1st para last sentence.
We submit that you should include an Obj: Liaise with adjoining authorities in the preparation of the Co Heritage Plan. Taken from SERPG 8.1 PPO 8.3.
We submit that the main objectives of the Plan should be mentioned. See Sth Tipp 6.3.7 end of page 71 & 6.5.
8.2 Natural Heritage
We submit that the last para in 8.2 should be re-positioned here as it relates to all Heritage. See 2008 Plan 8.1 Pol H.3
and that it should be replaced by: Recognizing the role played by natural amenities and heritage including its biodiversity, landscapes and geological heritage, conserve, enhance and manage them as major resources for visitors and local people and support, promote, protect, encourage, preserve and improve public access to our natural heritage including mountains, uplands, rivers, 2000 Natura sites, nature reserves and other natural amenities that have been traditionally used for outdoor recreation and to the countryside generally by creating a meaningful network of access routes as the opportunity or need arises. Consider appropriate rural recreational and tourism related developments which would facilitate public access to sensitive landscapes. Based on Sth Tipp 6.3.7 Pol AEH10, Carlow Chpt 8 Natural Heritage 1st, 2nd, 4th & 6th pts in list of pts, Wexford 14.4.3 L08 1st line & Laois 6.1 P05.
8.2.2 Green Infrastructure
8.2.4 Geological Heritage
1st para
DMS We submit that this should be replaced by: Consult with the Geological Survey of Ireland in advance of proposals which are likely to affect sites particularly those involving major developments entailing significant ground excavation, such as quarrying, road excavations, major drainage works and foundations for major buildings. Taken from Carlow Chpt 8 Geological Sites 3rd & 6th pts in list of pts.
We submit that you should include an Obj: Encourage and promote, where practicable, and when not in conflict with ownership rights, access to geological and geo-morphological features. Based on SERPG 6.2.3 PPO 8.6 3rd pt & Laois 13.13 P101.
We submit that you should include additional DMS: Protect, enhance and conserve character and integrity of sites(including County Geological Sites and sites that become designated), areas near sites and areas of geomorphological importance from inappropriate development that may result in their deterioration and maintain and facilitate their enhancement. Assess all proposed developments with respect to Geology(individually or in combination with other proposals) which are likely to impact on CGSs that become designated during the lifetime of the Plan. Based on Laois 13.13 P99 & Carlow Chpt 8 Geological Sites 1st, 2nd, 4th & 5th pts in list of pts.
8.2.6 Inland Waters
1st & 2nd paras
3rd para We submit that you should add after the 1st sentence: Land-based recreational activities include cycling, horse riding, wildlife and bird-watching. See Laois 6.2 P13.
4th para We submit that the 1st 3 sentences should be up-graded to a DMS and that you should add: Ensure that no development, including clearance and storage of materials, takes place within a minimum distance of 10-15m from each bank of any river, stream or watercourse and there is no interference with public walking routes and public rights of way. Protect and enhance the natural heritage and the landscape character of river and stream corridors and prohibit developments which are likely to have significant adverse visual impacts, either individually or cumulatively, on the character of river valleys and where there is no overriding need for the development to be in that particular location. Ensure that, where an overriding need is demonstrated for a particular development in the river valleys, careful consideration is given to site selection. The development should be appropriate in scale and be sited, designed and landscaped in a manner which minimises potential adverse impacts on the landscape.
Based on Wexford L03, L05 & L06, 2008 Plan 8.2.10 H48,
Laois 10.7 P56 & 13.6 P24, SERPG 8.5.1 PPO 8.18 1st pt & Carlow Chpt 8 Inland Waters 1st pt.
And that the last sentence should be upgraded to an Obj
and that it should be replaced by: In partnership with the National Parks and Wildlife Service, Waterways Ireland and other relevant stakeholders, provide, promote, encourage, facilitate and improve public access to waterway corridors to create linear parks, riverside walks and facilities for walking, cycling and other non-noise generating activities and create a green network to link with existing parks and open spaces, to provide amenity and recreational facilities for visitors and locals. Reserve land adjacent to river banks to facilitate recreational activities and to act as buffer zones between new developments and river corridors and other water bodies. Based on Laois 6.2 P13, 8 Tourism P19, 13.1 P007 & 13.9 LCT3 P5, Carlow Chp 8 Inland Waters 2nd pt in list of pts, 2008 Plan 8.2.10 H49, Wexford 15.5 Obj RS12 & 15.6 Obj RS24, SERPG 8.5.1 PPO 18.18 1st, 5th & 6th pts & Sth Tipp 6.3.4 Pol AEH 7.
We submit that you should include an Obj: Support the development of the amenities and recreational potential of the River Barrow, in co-operation with the National Parks and Wildlife Service, Inland Waterways, adjoining local authorities, harbour masters and other relevant authorities. Taken from Wexford 15.5 Obj RS 15.
DMS
Both pts
We submit that you should include additional DMSs:
1 Provide Riparian Corridors with a minimum width of 15 m on each side of rivers/waterways. See Waterford 8.23 Pol NH & Laois13.6 last para.
2 Require that developments along rivers provide for set aside land for walking routes to form an interconnecting network to towns and other settlements and extending to adjoining counties forming inter-county tourism links. Based on Carlow Chpt 7 Bealach Siuloide 1st para & 4th pt in list of pts, 2008 Plan 7.2.5.1 RTA29 & Laois 13.9 LCT 3 P52.
3 Factors that will be taken into account when considering riverside development proposals include proposals which would increase the extent of public access to waterways and river valley landscapes and how a proposal would enhance(or impede) regional/linear parks including the development of walking/cycle routes along rivers. Developments should be appropriate in scale and be sited, designed and landscaped in a manner which minimises potential adverse impacts on the landscape. Based on Carlow Chpt 7 Riverside Development (1) & (3) & Wexford 14.4.3 LO8.
8.2.7 Peatlands
DMS
8.2.10 Landscape
1st – 3rd paras
last para We submit that the last sentence should be upgraded to an Obj.
8.2.10.1 LCA
1st para
2nd para We submit that this should be upgraded to an Obj.
Obj
We submit that you should include an additional Obj:
Preserve the character of the landscape in accordance with the provisions of the Planning Acts and take cognisance of the EU Report from the European landscape Character Assessment (2005) initiatives. Taken from SERPG 8.2.1 PPO 8.4.
8.2.10.2 Landscape Classification Types
We submit that you should include Objs:
1 Maintain the visual integrity of areas which have retained a predominately undisturbed upland character. Taken from 2008 Plan H59.
2 Preserve, promote and improve access, where environmentally appropriate, to upland areas which traditionally have been used for outdoor recreation. Based on SERPG 8.5.1 PPO 8.18 2nd pt & PPO 8.20 3rd line.
8.2.10.3 Landscape Character Areas
8.2.10.4 Landscape Character Values
both paras
Obj We submit that this should re-classified as a DMS.
8.2.10.5 Landscape Character Sensitivity
all paras
DMS We submit that this should be located at the end of the sub-sec to avoid possible confusion and we submit that it should be replaced by: Sustain, conserve, enhance the diversity and protect and maintain the visual integrity, the character and visual quality of areas of great sensitivity, scenic areas and the environs of archaeological or historic sites. Protect sensitive areas from injurious development, while providing for development that will benefit for rural community. Ensure that, where an overriding need is demonstrated for a particular development in the vicinity of sensitive landscape careful consideration is given to site selection. The development should be appropriate in scale and be sited, designed and landscaped in a manner which minimises potential adverse impacts on the landscape. Applicants shall demonstrate that the proposed developments can be assimilated into the landscape and will not have a disproportionate visual impact. Applicants for new development in areas of landscape vulnerability will be required to prepare a visual impact assessment to include photomontages, on site height poles and impact statements setting out alternative sites that were considered. Based on
Carlow Chpt 8 Landscape 2nd & 3rd pts, Sth Tipp 6.3.1 Pol AEH4, Wexford 14.4.3 L06 & Nth Tipp 4.2 Key Landscape Aims: (ii), 4.2.1 ENV 3 (d) & next para.
8.2.10.6 Views and Prospects
Obj We submit that you should add: Protect, preserve and conserve the character of views and prospects particularly from adjoining public roads and river valleys to lakes and lakeshores, high or special amenity value or interest, from intrusive developments and by ensuring that developments do not seriously obstruct these views and are well designed and located to minimise their impact. Applicant must demonstrate that proposed development does not negatively impact on the character of a scenic route and that the views towards visually vulnerable or sensitive areas are not obstructed or degraded. Based on Waterford 8.1 last para, Carlow Chpt 8 Views and Prospects, Laois 13.10 P88, Sth Tipp 8.32 Pol AEH 5 & Nth Tipp 4.2.1 ENV 3: (b) & 4.2.2 Pol ENV4.
Also App I should be H.
DMS
1st pt We submit that this should be replaced by: Sustain, conserve, enhance the diversity and protect the landscape character, quality and local distinctiveness of Co Kilkenny and have regard to the guidance set out in the LCA, and ensure that developments are not unduly obtrusive.
Resist development that would break the skyline. Applicants shall satisfactorily demonstrate that new development can be adequately absorbed into its surroundings without significant adverse visual impacts to its overall landscape value and ensure that the scale, design and siting of new development shall enhance this visual amenity. Require developments to be appropriate in scale and sited, designed and landscaped having regard to their settings in the landscape so as to ensure that any potential adverse visual impacts are minimised, where there is no overriding need for the development to be in that particular location. The development should be appropriate in scale and be sited, designed and landscaped in a manner which minimises potential adverse impacts on the landscape. Encourage appropriate development which would enhance an existing degraded landscape and/or which would enhance and introduce views to or from a Landscape of Greater Sensitivity from public viewpoints. Based on Carlow Chpt 8 Landscape 1st & 3rd pts, Wexford 14.4.3 LO3, LO4 & LO7 & Nth Tipp 4.2 Key Landscape Aims:(i) & 4.2 ENV 3(c).
2nd & 3rd pt
4th pt 1st para
2nd para We submit that this should be re-located in 9.4.2.1.
5th pt We submit that you should add: when viewed from the public realm including areas near scenic routes, view points or settlements. Taken from 2008 Plan 8.3.3.1 Pol H56 & H57.
6th – 9th pts
We submit that you should include an additional DMS: Consider appropriate rural recreational and tourism related developments which would facilitate public access to Upland Landscapes. Developments should be appropriate in scale and be sited, designed and landscaped in a manner which minimises potential adverse impacts on the landscape. Taken from Wexford 14.4 L08.
We submit that you should include additional sub-secs:
A National Parks
We submit that you should include an Obj: Undertake a feasibility study to report, within one year of the adoption of this Plan, on areas such as (local) which are considered to be suitable for designation as National Parks(including extensions to existing Parks) and promote any proposals with the National Parks and Wildlife Service. Taken from Laois 13.1 PO03.
B Special Area Amenity Orders
We submit that you should include an Obj: Actively propose the designation (local area) as a Special Amenity Area and seek an Order to that effect. Taken from Laois 13.9.4 P68.
Note Orders have already been made covering the Liffey Valley, the Howth peninsula (both in Dublin) and Bray Head (in Wicklow). By all accounts they are working very well.
8.3.1 Archaeological Heritage
1st para While we support this we submit that 1st part of the last sentence down to Kilkenny should be upgraded to an
Obj We submit that this should be replaced by: Recognising the importance of archaeology and National Monuments as part of our heritage, provide, promote, protect, enhance and facilitate public access to archaeological inheritance including historic and archaeological landscapes(including battlefields), Sites and National Monuments, in state, council or private ownership. Identify archaeological sites to which access could be provided. Based on North Tipp 8.4.6 Pol HERT 26 6th line, Laois 14.3.O02, Wexford 14.5 AHO6 & AH09, SERPG 8.3 PPO 8.15 last pt & Carlow Chpt Underwater Archaeology(sic) 9 pt.
2nd & 3rd para
4th para We submit that you also include a Table/App. See Nth Tipp App 9, Wexford 14.5 Tables Nos 34 & 35 & Laois 14.9 Table 28.
6th para We submit that you should also include a Table/App. See 2008 Plan App I.
last para
We submit that you should include an additional para mentioning the principal archaeological sites and National Monuments. See 2008 Plan 8.4.1.1 & Waterford 6.16.
Obj We submit that this should be merged with DMS 1st down to objects on 2nd line and with the 3rd pt and replaced by: Protect, preserve, conserve, safeguard and enhance archaeological sites and monuments(including their settings) by ensuring that development in or vicinity of a Recorded Monument or within a site of archaeological potential respects the intrinsic value, character and integrity of archaeological sites(if possible in situ), features and all monuments including their settings, views and prospects and underwater archaeology, including those listed in the RMP(including additions or alterations that may arise during the lifetime of the Plan), in the County Urban Archaeological Survey, the Register of Historic Monuments and any future statutory register or newly discovered archaeological sites, sites, features or objects, sub-surface and underwater remains. Protect historic and archaeological landscapes(including battlefields). The Council may require professional archaeological supervision of site excavations, paid for by the developer. Based on Sth Tipp 6.4.3 Pol AEH13, 2009 Plan 8.4.2 Pol H78, Nth Tipp 8.4.6 HERT 26, Waterford 8.38 Pol AH 14, Wexford 14.5 AH01, AHO6 & 18.24 2nd para, SERPG 8.3.2 PPO 8.15 2nd & 3rd pts & Laois 14.3 O03.
We submit that you should include additional Objs:
1 Seek to preserve, improve and maintain existing public rights of way and create public rights of way to sites and to National Monuments in state and local authority ownership by designating traditional access routes thereto as public rights of way and in other cases, routes will be acquired by agreement with landowners or by way of compulsory powers. Based on Carlow Chpt 8 Underwater(sic) Archaeology 9th pt in list of pts, 2008 Plan 8.4.2 Pol H87 & Laois 14.3 O02 4th line.
2 Include archaeological landscapes as part of the updated Landscape Character Assessment to be prepared following publication of the National Landscape Strategy/National Landscape Character Assessment. Taken from Wexford Obj AH08.
DMS
1st pt
2nd pt We submit that this should be replaced by: Protect the intrinsic value, character, integrity and settings at, or in the vicinity of, sites and monuments as listed in the RPM or any future statutory register and zones of archaeological potential and extend this protection to unlisted monuments and to additions or alterations that may arise during the lifetime of the Plan by ensuring that development in the vicinity of a Recorded Monument or Zone of Archaeological Potential is sited and designed appropriately and does not seriously detract from its character or setting by reason of its location, scale, bulk or inappropriate design. Where upstanding remains of a Recorded Monument exist a visual assessment may be required to fully determine the effect of any proposal. Based on 2008 Plan 8.4.2 Pol H90, Waterford 8.38 Obj AH 3 1st sentence, Carlow Chpt 8 Underwater Archaeology(sic) 1st, 2nd & 6th pts & Laois 14.3 O03.
last pt
We submit that you should include additional DMS:
1 Require that an archaeological assessment be carried out by a suitably qualified archaeologist in respect of proposed developments likely to have an effect on Recorded Monuments, zones of archaeological potential or their settings and developments, that may, from their size, location or nature, have a significant effect on archaeological heritage, including those that are extensive in terms of area( ½ ha or more) or length (1km or more) and developments that require an EIS will also require an archaeological assessment. In all such cases the National Monuments Service must be consulted. Permitted developments located within the Zone of Archaeological Potential and/or within close proximity to Recorded Monuments may be required as part of the planning application process or by condition on a grant of permission to carry out archaeological assessment, monitoring, testing or excavation within the area covered by the application/permission, either prior to the planning decision or prior to any development works proceeding on the site following the grant of planning permission. The Council, as a condition on such developments, may also consider the preservation of all or part of the archaeological remains in the area covered by the permission. Each planning application for development within the Zone of Archaeological Potential and within close proximity to recorded archaeological sites shall be assessed on its own merits:
(i) An archaeological assessment shall establish the extent of archaeological material
associated with the monument or site. This assessment shall also define the buffer area or area contiguous with the monument which will preserve the setting and visual amenity of the site.
(ii) The area of the monument and buffer shall not be included as part of the open space requirement demanded of a specific development but shall be additional to the required open space.
(iii) If a monument or place included in the RMP lies within the open space requirement of a development, a conservation plan for that monument is required as part of the landscape plan for that proposed open space.
(iv) If a monument or site included in the RMP be incorporated into a development the monument and attendant buffer area shall be ceded to Local Authority Ownership once the development and associated landscaping works are complete so that the future protection of the monument can be assured. Based on Waterford 10.47, 2008 Plan 8.4.2 Pol H82, Wexford 14.5 AH04 & 18.24 2nd para Sth Tipp 9.26.
2 When considering applications for planning permission for development on or in the vicinity of RPM, archaeological sites or monuments The Council will seek advice from the DoECLG and the OPW as appropriate and have regard to their advice. Based on Laois 14.9.2 P21 & ARCHAEOLOGY BH P28 & P29 1st sentence, Carlow Chpt 10 Archaeology 2nd pt in list of pts, Waterford Pol AH 15 2nd para, Wexford 14.5 AH03 & Nth Tipp 2nd para after Pol.
3 Have regard to archaeological heritage when considering propose infrastructural developments(including transport, telecommunications, sewerage and water) located in or close proximity to zones of archaeological potential. Taken from Laois 14.9.2 P21.
4 As archaeological heritage is not confined to sites listed in the Record of Monuments and Places, an archaeological field evaluation may be required where there is evidence that archaeological remains are present particularly if the proposed development is in or adjacent to a zone of archaeological potential. Taken from Nth Tipp 8.4.6 last para & Laois 14.9.4 2nd para 2nd pt.
5 Developers should give due consideration to the Heritage Council’s Archaeological & Development Guidelines for Good practice from Developers(2000) and have regard to the DoECLG/ICF Archaeological Code of Practice. Taken from 2008 Plan10.13 1st para & Nth Tipp 8.4.6 2nd para under Pol last sentence.
6 Require the retaining of a licensed archaeologist to supervise the carrying out of groundworks after development has commenced and when deemed necessary by
him/her the cessation of any groundworks pending the excavation of any potentially significant and require him/her to furnish a report to the Council. Where archaeological remains or features are found during development, where no archaeological remains were indicated prior to commencement and where no conditions were imposed by the Council, work should cease and the find should be reported to the Minister of the ECLG. Taken from Laois 14.9.4 2nd para 3rd & 4th pts.
7 In areas designated as being of archaeological interest in the RPM,developers shall consult with the Council at the earliest possible stage prior to development works, including the digging of trenches and foundations. Taken from Carlow
Chpt 10 Archaeology 3rd line in 1st para.
8 Employ a licensed archaeologist, at the applicant’s expense, to carry out trial excavations in advance of developments. Taken from Carlow Chpt 10 2nd pt in list of pts.Trial trenches are mentioned in Laois 14.94 2nd para 1st pt 2nd last line.
9 Appropriate signage will be put in place. Taken from Laois 14.3 BH O02 5th line.
8.3.4 Historic Graveyards
1st para
3rd para We submit that the 2nd sentence should be upgraded to a DMS and that you should add: Encourage their maintenance and continue to support and assist communities in the care and conservation of these graveyards through the Historic Graveyards Grants Scheme. Based on 2008 Plan Pol H91 & H92, Carlow Chpt 8 Historic Graveyards & Wexford 14.5 AH11.
Chapter 9 Environment
9.4.2.1 Telecom
DMS We submit that you should include before the first sentence: Planning applications relating to the erection of antennae and support structures shall be accompanied by detailed proposals to mitigate visual impacts. Taken from Wexford 18.26 4th pt.
a) We submit that you should include: within the views or setting of national monuments or archaeological sites. Based on Sth Tipp 7.8 Pol INF 13(ii) & Wexford Obj TC06(d).
c) We submit that this be deleted replaced by an additional para: Provide development of telecommunications infrastructure in accordance with the requirements of the DOECLG Guidelines on “Telecommunications Antennae and Support Structures (1996). Taken from Laois 9.9 P30.
2nd para We submit that you replace discourage by prohibit. Taken from Sth Tipp 7.8 Pol INF 13. See M/R 38.
(i) We submit that you should add: or which would impede or detract from existing public view points to from sensitive landscapes or rivers or areas on or within the setting of archaeological sites. Taken from Wexford Obj TC06©.
(ii)
3rd para We submit that this should be replaced by: Existing Rights of Way and walking routes will be identified prior to any new developments which will be prohibited if they impinge thereon or on public access to the countryside. Based on Laois 9.9 P35 & P36 & Carlow Chpt 7 Public Rights of Way 6th pt in list of pts.
4th para We submit that you should add: The proliferation of masts in a particular area could be injurious to the visual am enities, and therefore having regard to the potential adverse visual impacts of the proliferation of masts, applicants will be required to demonstrate the need to locate a new mast in a particular location where proliferation may present an issue. Taken from Wexford 9.3.1 3rd para.
5th para
We submit that you should include additional paras:
1 DMS 8.2.10 5th para
2 Secure a high quality of design of masts, towers, antennae and other infrastructure in the interests of visual amenity and the protection of sensitive landscapes. Taken from Laois 9.9 P33.
3 Mitigate the visual impact of access roads. Taken from Wexford 18.26 last pt.
4 Permit satellite dishes except in areas which would cause unacceptable harm to visual amenities. Taken from North Tipp 6.14.1 Pol SERV 32.
9.4.2.2 Obj
We submit that you should commence this Obj with: Strive to reduce the number of telecommunication structures by ensuring that ComReg’s Code of Conduct is implemented. Taken from Laois 9.9 P31.
Chapter 10 Renewable Energy Strategy
10.5.3 DMG
We submit that you should include a DMS: Identify existing public rights of way and established walking routes prior to new developments and have regard to the impact thereon of development proposals. Based on Carlow Chpt 7 Public Rights of Way 6th pt on in list of pts, Nth Tipp 7.13.5(ii)A Wind Energy 2nd para 6th line & Laois 9 Energy P11. See M/R 36.
10.7.2 DMG
Table 10.6 We submit that access routes in Visual should be the subject of a separate Issue.
10.7.3 2nd pt.
Chapter 11 Transport
11.1 Sustainable Transport/Smarter Travel
2nd para
We submit that you should include an additional para:
Promote walking and cycling as healthy recreational activities. Taken from Wexford 8.3 Obj T09 1st pt. Also Nth Tipp 7.5.8 Obj INF 29 & Waterford 7.14.1 1st para 1st line.
Obj
11.1.1 Cycling & Walking
Other interventions 2nd to 4th pts
11.1.1.1 Cycling Objs
We submit that you should include an additional para:
1 Promote and encourage the development and expansion of cycle routes (including adjoining counties) and liase with the Sports Council, the National Transportation Authority and other bodies in the development of cycling touring routes particularly in areas of high amenity. Promote the development of safe cycling facilities. Support and promote the development of the inter-urban national Cycle Network so that the majority of the network is off-road. Promote the development of cycling by the construction and development of cycle links within the South-East Region. Based on SERPG Sec 5 PPO 5.8 3rd & 5th pts, Nth Tipp 7.5.8 Obj INF 29, Laois 10.7 P59, Waterford 6.13 Obj ECD 5 & Wexford 15.6 Obj RS26 & RS27.
App D. Public Rights of Way We note that you have listed only 2. We feel that there must be a lot more. From preliminary enquires we have made we would submit the following consideration:
1 Sion road to the River Nore
2 Access from the public road to St Mary’s church in Thomastown
3 Access to Brandon Hill from the R705.
We may make further suggestions before the Plan is finalised. Meanwhile we suggest that you should consider the pro-active policy being pursued by Wexford Co Co. See their Development Plan 15.9 Obj RS 35.
KEEP IRELAND OPEN
