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Inspector's Report An Bord Pleanála Inspector’s Report Board Reference: 10. JP0003 Proposal: Relocation of the Ballyhale-Knocktopher wastewater treatment plant outfall into the Little Arrigle River to a new location at Derrynahinch Bridge comprising the construction of 1850m of new 150mm diameter rising main along the N9 towards Thomaston together with associated works. Location: Derrynahinch, Ballyhale, County Kilkenny. Local Authority: Kilkenny County Council. Re: Application for approval made under Section 177(AE) of the Planning and Development Act, 2010. Prescribed Bodies: Inland Fisheries Ireland Environmental Protection Agency Observers: None. Date of Site Inspection : 22nd March & 11 th May 2012 Inspector: Karla Mc Bride. 10. JP0003 Page 1 1.0 INTRODUCTION 1.1Background Kilkenny County Council is seeking approval from An Bord Pleanála to relocate the existing Ballyhale-Knocktopher wastewater treatment plant outfall to the Little Arrigle River to a new location downstream at Derrynahinch Bridge. The existing and proposed discharge from the Ballyhale-Knocktopher wastewater treatment system enters the Little Arrigle River which in turn joins the River Nore to the north of Ballyhale in the vicinity of Jerpoint Abbey. The watercourses are located within the River Barrow and River Nore Special Area of Conservation (site code 002162) and a Natura Impact Statement (NIS) is therefore required for the proposed works. Section 177AE of the Planning and Development act 2000 (as amended) requires that where an appropriate assessment is required in respect of development by a local authority the authority shall prepare an NIS and the development shall not be carried out unless the Board has approved the development with or without modifications. Furthermore Section 177V of the Planning and Development act 2000 (as amended) requires that the appropriate assessment shall include a determination by the Board as to whether or not the proposed development would affect the integrity of a European site and the appropriate assessment shall be carried out by the Board before consent is given for the proposed development. Kilkenny County Council is therefore seeking: • A determination by the Board as to whether or not the proposed development would affect the integrity of a European site. • Approval from the Board, with or without modifications, for the proposed development which requires the Board to assess: o The likely effects on the environment. o The likely consequences for the proper planning and sustainable development of the area. o The likely significant effects on a European site. Kilkenny County Council has also applied to the EPA for a Waste Water Discharge Licence in accordance with the requirements of the Waste Water Discharge (Authorisation) Regulations 2007. 1.2 Site and location The site is located in the southern sector of County Kilkenny, approximately 20km to the south of Kilkenny City and the surrounding area is predominantly rural and riparian in character. The existing wastewater treatment plant is located on the north side of Ballyhale Village along the N9 Kilkenny to Waterford Road and the existing piped discharge enters the Little Arrigle River via an existing outfall pipe in the vicinity of the treatment plant. The proposed outfall pipe would be located at Derrynahinch Bridge which is approximately 2km to the north of Ballyhale and approximately 50m to the east of the N9 Thomastown Road. The Little Arrigle River 10. JP0003 Page 2 forms a confluence with the River Nore approximately 4km to the north of Derrynahinch Bridge in the vicinity of Jerpoint Abbey. The proposed outfall pipe would be located along the river bank approximately 60m north of the bridge at a bend in the Little Arrigle River and to the north of a confluence between the main river and two of its tributaries. The Little Arrigle River is relatively fast flowing, the banks are characterised by typical riverside vegetation and wildlife. There is an abundance of floating river vegetation in the vicinity of the proposed outfall which is an Annex 1 Habitat and qualifying interest for designation as a European site. The macro-invertebrate population in the river bed consists of cased caddisfly larvae and mayfly nymphs which were found under stones and are indicative of well oxygenated freshwater. Photographs and maps in Appendix 1 serve to describe the site and location in some detail. 1.3 Description of proposed development It is proposed to relocate the existing discharge outfall to the Little Arrigle River at Ballyhale to Derrynahinch Bridge which will comprise: • Construction of approximately 1850m of new 150mm diameter rising main pipe from Ballyhale WWTP along the N9 towards Thomastown, to a proposed new outfall location at Derrynahinch, together with associated works. 1.4 Planning history Part 8 permission was previously granted for the upgrade of the Ballyhale - Knocktopher WWTP which comprised the following: • Screening and grit removal. • Ferric dosing. • Automated pumping equipment. • Balancing and mixing tank. • Sequence batch reactor tanks. • Sludge holding tank. • Control room. The permitted upgrade has not yet commenced. 2.0 LEGISLATIVE AND POLICY CONTEXT 2.1 The EU Habitats Directive (92/43/EEC) The Habitats Directive deals with the Conservation of Natural Habitats and of Wild Fauna and Flora throughout the European Union. Article 6(3) and 6(4) of this Directive requires an appropriate assessment of the likely significant effects of the proposed development on its own and in combination with other plans and projects. This document requires competent authorities to carry out an appropriate assessment of plans and projects which may have an effect on a European Site (SAC or SPA). 10. JP0003 Page 3 Article 6(3): “Any plan or project not directly connected with or necessary to the management of the site but likely to have a significant effect thereon, either individually or in combination with other plans or projects shall be subject to appropriate assessment of its implications for the site in view of the site’s conservation objectives. In the 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” Article 6(4): “if, in spite of a negative assessment of the implications for the 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, the member State 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 for the environment or, further to an opinion from the Commission, to other imperative reasons of overriding public interest” 2.2 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 the CJEU judgements. 2.3 Water Framework Directive, 2000 The Water Framework Directive was enacted in Ireland in 2003 through the European Communities (Water Policy) Regulations 2003 (S.I. 722 of 2003) which have since been amended in 2005 and 2008. The EU Water Framework Directive is an important piece of EU environmental legislation which aims at improving the water environment. It requires governments to take a new holistic approach to managing their waters. It applies to rivers, lakes, groundwater, estuaries and coastal waters. Member States must aim to achieve good status in all waters by 2015, must ensure that status does not deteriorate in any waters and manage water bodies based on river basins (or catchments). 2.4 The EU (Surface Waters) Regulations 2009. These regulations give effect to the surface water objectives set out in the Water Framework Directive. They include measures for the protection of surface water bodies whose status is determined to be high or good and measures requiring the restoration of surface water bodies of less than good status by December, 2015. They also include measures establishing the environmental quality standards for pollutants 10. JP0003 Page 4 of the Water Framework Directive that are to apply in calculating the ecological status of the water body. 2.5 National nature conservation designations. The proposed development is located within or adjacent to the River Barrow and River Nore SAC (Site code 002162). The site consists of the freshwater stretches of the Barrow/Nore River catchments as far upstream as the Slieve Bloom Mountains and it also includes the tidal elements and estuary as far downstream as Creadun Head in Waterford. The site contains Annex 1 habitats and Annex 11 species listed for protection in the E.U. Habitats Directive. • The SAC contains the following habitats listed in Annex 1 of the Directive: alluvial wet woodlands, petrifying springs, old oak woodlands,
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