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.

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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

age2 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).

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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

age4 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, floating river vegetation, estuary, tidal mudflats, Salicornia mudflats, atlantic salt meadows, Mediterranean salt marshes, dry heath and eutrophic tall herbs.

• The SAC contains the following species listed on Annex 11 of the Directive – Sea, Brook and River Lamprey, Freshwater Pearl Mussel, Nore Freshwater Pearl Mussel, White Clawed Crayfish, Twaite Shad, Atlantic salmon, otter, Vertigo moulinsiana and the plant Killarney Fern.

The detailed Site Synopsis, Conservation objectives and Qualifying Interests are contained in Appendix 2 to this report.

2.6 Planning and Development Acts 2000-2010.

Part XAB of the Planning and Development Acts 2000-2010 sets out the requirements for the appropriate assessment of developments which could have an effect on a European Site, its qualifying interests or conservation objectives.

Section 177(AE) sets out the requirements for the appropriate assessment of developments carried out by or on behalf of local authorities.

• Section 177(AE) (1) requires a local authority to prepare, or cause to be prepared, a Natura impact statement in respect of the proposed development.

• Section 177(AE) (2) states that a proposed development in respect of which an appropriate assessment is required shall not be carried out unless the Board has approved it with or without modifications.

• Section 177(AE) (3) states that where a Natura impact assessment has been prepared pursuant to subsection (1), the local authority shall apply to the Board for approval and the provisions of Part XAB shall apply in the carrying out of the appropriate assessment.

• Section 177(V) (3) states that a competent authority shall give consent for a proposed development only after having determined that the proposed development shall not adversely affect the integrity of a European site.

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• Section 177AE (6) (a) states that before making a decision in respect of a proposed development the Board shall consider the NIS, any submissions or observations received and any other information relating to:

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.

2.7 Appropriate Assessment of Plans and Projects in Ireland: Guidance for Planning Authorities, 2009.

European Sites (SACs and SPAs) are subject to the requirements of Article 6(3) and 6(4) of the Habitats Directive in relation to screening for an Appropriate Assessment of the potential impacts of a plan or project, both on their own and/or in combination with other plans or projects in the wider area. Applicants are required to submit a Natura impact statement to enable the competent authority to carry out the Appropriate Assessment of the proposal. The DoEH&LG have provided guidance in relation to this requirement along with Circular NPW 1/10 & PSSP 2/10.

2.8 South Eastern River Basin Management Plan, 2009 to 2015.

This plan has been drawn up in accordance with the Water Framework Directive. The SE River Basin District encompasses all of counties Carlow, Wexford and Kilkenny, most of Waterford, Tipperary and Laois, parts of Kildare, Offaly and Wicklow and a small part of Limerick and Cork. There are 151 groundwater bodies in the District ranging in size from less than 1sq. km to1, 400sq.km. A significant proportion of waters are protected under existing EU legislation and they require special protection due to their sensitivity to pollution or their particular economic, social or environmental importance. This includes the River Barrow and River Nore SAC.

• The Nore Main River Water Management Unit Action Plan contains environmental data for the River Nore and its tributaries with regard to river status, protected areas, licenced activities and possible impacts.

o The Plan identifies pressures and risks in relation to nutrient sources, point pressures, WWTPs, industrial discharges, quarries, mines, landfills, agricultural, forestry, abstractions and on-site systems.

o The Plan sets out a Selected Action Programme in relation to the above risks and pressures; identifies future pressures and developments and set objectives for the achievement of good ecological status.

o The WWTP Selected Action Programme identified the need for improvement measures at Ballyhale Knocktopher WWTP:

Priority Measures 1 Increase capacity of treatment plant

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2 Provide tertiary treatment or relocate outfall 2 Provide nutrient removal or relocate outfall

2.9 Kilkenny County Development Plan, 2008 to 2014

The proposed development is located within an area covered by the current Kilkenny Development Plan 2008- 2014.

• Policy H4 seeks to protect, conserve and enhance County Kilkenny’s natural heritage and biodiversity, to include the diversity of habitats found in the county e.g watercourses and water bodies; trees; woodlands and hedgerows; fens; marshes; estuaries and wetlands; geological and geomorphological sites/features; improved and semi-natural grasslands; etc.

• Policy H5 : seeks to protect natural heritage sites designated in National and European legislation. This includes sites proposed to be designated or designated as Special Areas of Conservation (SAC), Natural Heritage Areas (NHA), Nature Reserves and Wildfowl Sanctuaries.

• Policy H6 seeks to assess all proposed developments (individually or in combination with other proposals, as appropriate) which are likely to impact on designated natural heritage sites or those sites proposed to be designated. • Policy H48 seeks to protect and enhance the natural heritage and landscape character of waterway corridors and wetlands and to maintain them free from inappropriate development.

• Policy IE50 seeks to protect, maintain, improve and enhance the quality of watercourses and rivers in the County.

3.0 DETAILS OF NATURA IMPACT STATEMENT

The discharge from the Ballyhale Waste Water Treatment Plant currently enters the Little Arrigle River at Ballyhale and this river is located within the River Barrow and River Nore Special Area of Conservation which is a European site (SAC Site Code 002162). It is proposed to relocate the discharge pipe from Ballyhale to Derrynahinch via a new discharge location approximately 2km downstream of Ballyhale along the Little Arrigle River. The County Councils application for the proposed development is accompanied by a Natural Impact Assessment (NIS) which scientifically examines the proposed development and the European site. The NIS seeks to identify and characterise any possible implications of the proposed development on the European site in view of the site’s conservation objectives and to provide any further information needed to enable the Board to carry out an appropriate assessment.

The stated aims of the NIS report are to assess:

• Information relating to the ecology of the European site.

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• The scale and nature of the proposal in relation to the European site.

• The status of Qualifying Interests of the European site (Annex 1 habitats and Annex 2 species) in proximity to and downstream of the proposal and the relevant conservation status and objectives for these species.

• The key structural and functional relationships maintaining the integrity of the European site.

• Likely potential effects, including direct, indirect and secondary impacts, of the proposed development, either on its own or in combination with on the plans and projects, on the European site.

• Measures to mitigate the negative impacts on protected species and habitats.

The NIS report contains the following sections.

Section 2: Project description

Section 2.1 states that the proposal is for the re-location of the outfall pipe where higher flow resulting from the confluence of two other tributaries will result a greater assimilative capacity at the discharge point.

Section 2.2: states that the proposal is relevant to the management of the SAC, in that, when complete, it will result in an improvement of water quality, which will be beneficial to the Qualifying Interests of the SAC and in particular Atlantic Salmon.

Section 3: Natura 2000 site

This section listed the Annex 1 habitats and Annex 11 species present in this section of the SAC, it summarised the biological water quality of the watercourse and assessed the status of the protected habitats and species.

Section 3.1: assessed the status of the habitats and species in the Little Arrigle River in accordance with a range of expert guidelines for the following:

• Annex 1 habitats:

o Floating river vegetation habitat.

• Annex 11 species:

o Habitat quality for salmon ( Salmo salar ) for the physical in-stream requirements for spawning, nursery and adult habitat.

o Habitat quality for three species of Lamprey: brook lamprey (Lampetra planeri ), river lamprey (Lampetra fluviatilis) and sea lamprey

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(Petromyzon marinus) for the physical in-stream requirements for spawning, nursery & adult habitat.

o Habitat quality of the otter ( Lutra lutra ) and signs of species presence.

o Habitat quality for crayfish ( Austropotamobius pallipes ) and signs of species presence.

Section 3.2 and 3.3 : came to the following conclusions:

• The biological water quality of the Little Arrigle River, upstream and downstream of the current WWTP outfall was assessed by the EPAs Q- scheme methodology - the assessment showed a drop from Q4 at the upstream site to Q3-4 at the downstream site (Q4 is defined as good ecological status while Q3 is defines as poor ecological status).

• The results of routine chemical monitoring of the river water by the County Council in 2010 and 2011 were examined. The orthophosphate results indicated an increase in concentration of this plant nutrient downstream of the current outfall point which could affect plant growth levels and the Total Phosphorous concentration of the WWTP effluent was found to exceed 2mg/l on 3 out of 21 occasions from January to July 2011.

• Several of the remaining species and habitats listed as Qualifying Interests for the SAC could not be affected by the relocated outfall pipe because of their terrestrial or estuarine location.

Section 4: Impact prediction

Sections 4.1 : outlined the likely impact of the proposed works on each of the Qualifying Interests in relation to Annex 1 habitats and reached the following conclusions.

• Floating River vegetation: is the only protected habitat that occurs within 1km of the proposed development –slight increase in growth of Floating River vegetation predicted.

• Eutrophic tall herbs : occur along the banks of the River Nore farther downstream, they are not sensitive to slight pollution but are vulnerable to major changes in tropic conditions – no impact considered likely.

• Estuaries, Tidal Mudflats and Sandbanks : are located a substantial distance away from the facility and the saline habitats would not be affected.

• The other Annex 1 habitats (Petrifying Springs, Old Oak Woodlands, Dry Heath and Alluvial wet Woodlands) are too far removed from the area of the proposed development to be affected.

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Sections 4.2: outlined the likely impact of the proposed works on each of the Qualifying Interests in relation to Annex 11 species and reached the following conclusions.

• Atlantic salmon: relocated outfall would have a significant positive impact.

• Sea, Brook & River Lamprey: relocated outfall would have a significant positive impact.

• White-Clawed Crayfish : relocated outfall would have a positive impact.

• Twaite Shad : occurs in the upper tidal limit of the River Barrow which is too far removed from the area of the proposed development to be affected.

• Freshwater Pearl Mussel, Nore Freshwater Pearl Mussel Desmoulins’ Whorl Snail: are not located downstream or in the vicinity of the facility and could not be affected.

• Killarney Fern: is a terrestrial species that could not be affected by the proposed development.

• Otter: no negative impact predicted.

Section 4.3 assessed the significance of impact and concluded that:

• The proposed development will not result in any loss or fragmentation of habitats for which the SAC is designated.

• The relocation to the downstream point, where assimilative capacity is greater, will have a significant positive impact on water quality.

• The proposed development will not cause any significant negative impact to the water resource or to water quality.

Section 4.4 dealt with cumulative impacts and concluded that point sources, diffuse runoff and inputs from tributaries of unsatisfactory water quality are affecting the biological water quality of the river. The EPA Q-ratings are set out in Appendix 5 of the NIS report.

Section 6: Non-technical summary

The non-technical summary summarised the main elements of the NIS report in a clear and concise manner.

Appendices:

The NIS report contains the following Appendices:

Appendix 1: contained references.

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Appendix 2 and 3: contains details of the SAC Site Synopsis and Qualifying Interests.

Appendix4: contains the NPWS generic conservation objectives for the SAC which seek to maintain or restore the favourable conservation status of habitats and species.

Appendix 5 : contains chemical data from Kilkenny County Council’s routine monitoring at upstream and downstream locations in January and February 2010 for a range of components including COD, BOD, Suspended Solids, Ortho-Phosphate and Nitrates. Appendix 6: contains the EPA Biological Quality Ratings (Q values) for 18 locations along the Kilkenny City to Tnomastown section of the River Nore from 2001 to 2010.

• The Little Arrigler River enters the River Nore between site no. 2022 (Ballylinch Bridge) and site no. 2305 (Thomastown Bridge LHS) and site no. 2310 (Thomastown Bridge RHS) the ratings at each of these three stations are set out below:

Station 2001 2004 2007 2008 2010 2022 3-4 3-4 4 ----- 4 2305 2 3 2 3 4 2310 3-4 3-4 4 ----- 4

Appendix 7: contains more detailed mitigation measures which include fencing off the watercourse, locating machinery away from the river, consulting with the NPWS and IFI, phasing work to minimise sediment loss to watercourse and vegetation clearance to minimise disturbance to breeding birds, discharge standards, a prohibition of cement/concrete discharges and compliance with legislative standards.

Appendix 8: contains information in relation to BOD, Total Ammonia and MRP levels in the receiving waters, background concentrations and the outfall pipe along with flow rates (95 percentile) for the receiving waters and the outfall pipe. The information is then used to calculate the assimilative capacity of the receiving waters where 25% of the headroom or spare assimilative capacity can be used.

4.0 CONSULTATIONS

Circulation to Statutory Bodies:

The application was circulated to the Department of the Environment, Communications and Local Government, the National Parks and Wildlife Service, the Department of Arts, Heritage and the Gaeltacht (Development Applications Unit), the South Eastern River Basin District, Inland Fisheries Ireland, the Environmental Protection Agency, the Department of Public Health (Health Service Executive, Kilkenny) the Heritage Council and An Taisce.

The Board requested the EPA for observations in relation to the adequacy of the information in relation to emissions and the assimilative capacity of the receiving, the availability of guidance in relation to management of storm water overflows and details of any similar cases dealt with by the EPA.

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Response from Statutory Bodies: Inland Fisheries Ireland

IFI raised the following concerns:

Essential issues:

• No adverse impact on the inland fisheries resource.

• Upgrade works should comply with the obligations of the WFD. • Discharges from WWTP to comply with the Surface Water Regulations 2009.

• The measures contained in the Nore Main River Management Unit Action Plan specific to the Ballyhale Knocktopher WWTP contained in the South Eastern River Basin District Management Plan are complied with.

General comments:

• The NIS refers to an upgrade of the WWTP but no details are provided.

• The NIS refers to an improved effluent discharge but no details are provided.

• The NIS refers to there being “greater or better” assimilative capacity at the discharge point, which may be the case, but this is not backed up by physio- chemical or biological data and the water body to which the outfall is proposed to be relocated is described as moderately polluted by EPA data.

• Question the underwater location of the outfall given that a rising main is proposed, there are immense benefits to having the outfall visible above the water level in the interest of public transparency.

• The drawings do not show the location of the pumping station(s) and the drawings and the NIS do not provide details as to whether there are only to be duty pumps provided at pumping stations, or whether there will be both duty and standby pumping facilities:

o There should always be standby facilities.

o No details provided in relation to storage capacity of the pumping stations in the event of a breakdown.

o No details as to what alarm and auto-dial facilities are to be provided.

Recommend the provision of visual and audible alarms at all pumping stations along with telemetric systems to alert maintenance personnel; and public notices on boundary fences alerting members of the pubic as to an emergency number.

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o Pumping stations should be fitted with a stand pipe with a universal connection to enable the use of a portable pump or vacuum tanker in the emptying of pump sumps and the removal off-site of effluent in case of emergency.

• The NIS does not address the issue of outfall/headwall construction an associated impacts although Appendix 7 contains useful mitigation proposals.

o A typical backfill details for a river crossing is shown on the drawings but the exact location is not identified and clarification is required.

o A typical bridge crossing detail is shown on the drawings and clarification is required as to whether this is the only one required.

• The proposed development will result in wastewater discharges been made c.2.5km closer to the Goatsbridge Trout Farm than heretofore, this is a highly sensitive receptor having regard to the densities at which stocks are held and the obvious requirements for good quality water and the trout farm abstracts water from the Little Arrigle just upstream of Goatsbridge .

Assimilative capacity:

• The NIS mass balance calculation used the 95%ile river flow for the proposed new outfall location in conjunction with the 95%ile water quality standards as per the 2009 Surface Water Regulations, the IFI calculation concur with the NIS calculations however:

o The source of the key elements of the data used is unclear.

o The source of the upstream river water quality is not given.

o Nor is the period over which this data was derived.

• The volume of the proposed discharge is given in the NIS as 236sq.m. per day which is equivalent to 0.002731481 sq.m. per second, however:

o It is not clear how this value was derived.

o The Council’s application to the EPA for a waste discharge licence gives the flow as 400sq.m. per day.

• The BOD, Total Ammonia and Orthophosphate is given in the NIS as 20, 3 and 1 mg/l respectively, however:

o The Council’s application to the EPA for a waste discharge licence gives the BOD, Total Ammonia and Orthophosphate as 28.5 and 1.9125 and 0.303 mg/l respectively.

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• Quantifying assimilative capacity and deriving effluent discharge requirements should be based on “Guidance, Procedures and training on the Licencing of Discharges to surface Waters and to Sewer for Local Authorities”

o This manual states (p.122) that discharge limits should be based on the 95%ile concentration quality standard at the 95%ile flow.

o The EPA has also provided guidance to local authorities in the context of the requirements to review licences issued in respect of discharges to waters and sewers by those authorities so as to ensure licences following review and revision include conditions consistent with compliance with the 2009 Surface Water Regulations.

o The mass balanced discharge concentration should not exceed the 95%ile concentration quality standard at the 96%ile flow in the receiving waters.

o The assimilative capacity mass balance approach adopted by the Council is fair and reasonable and in accordance with guidance however the failure to provide details as to the source and validity of key data sets used in the calculations is a cause for concern.

• The IFI cross checked the 95%ile flow value used the EPA hydro-tool to confirm that the value used is correct.

• The NIS does not contain any allowance for likely reductions in river flow and possible reduced assimilative capacity as a result of climate change.

• The IFI request the Board to consider whether it is appropriate to grant permission, where in the case of ammonia 47.19% and orthophosphate 72.22% of theoretically available assimilative capacity is proposed to be utilised by a single discharge when the Council suggest in the NIS table that 25% of assimilative capacity is all that should be used.

Construction related matters:

• Uncured concrete can kill fish and macro invertebrates by altering the pH of the receiving waters, all work must be done in the dry and isolated from any water that may directly or indirectly affected until curing is complete.

• The discharge of silt laden waters to the river should be minimised to prevent damage to river bed habitats; the gills of juvenile fish species can get clogged and plant and macro-invertebrates can be blanketed over and eliminated.

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• All oils and fuels used to service plant and machinery during construction should be stored in secure bunded areas and care should be taken during refuelling and maintenance and temporary oil interceptors should be installed.

Conclusions:

• IFI has concerns in relation to the development proceeding:

o Unless it can be satisfactorily established that there is available assimilative capacity.

o That all potential construction impacts have been taken into account and properly evaluated in the NIS.

o That necessary mitigation measures are proposed to ensure the protection of the habitat.

o The NIS does not satisfactorily address all of the above issues and the Council’s submission is less than detailed.

Recommended conditions:

• Concrete curing should take place in a dry an isolated location.

• Silt traps should be installed at locations that will intercept construction runoff to the river, but not immediately adjacent to the water and a vegetative buffer zone should remain to assist silt interception and removal

• All oils and fuels should be kept in a secure bunded area.

• Temporary oil interceptors should be installed where site works involve discharge of drainage water to the river.

• No polluting matter should be held in area liable to flood.

• Advance warning of construction works should be made to the relevant agencies.

• The pumping station (s) should be fitted with a universal connection for emergencies.

• The pumping station (s) should be fitted with a visual and audible alarm for emergencies.

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• The Council should bridge any or all waters that have to be traversed during site development and construction works and construction traffic shall be prohibited form entering the river bed to prevent uncontrolled sedimentation.

• The construction and siting of the outfall pipe should be such as to result in no permanent damage to the river bed or bank, in the event that bank protection works are required in the vicinity of the effluent outfall, the Council should not use gabions but appropriately sized boulders or rocks.

• Any essential limited in-stream works should take place during July to September.

• All plant and machinery used during works has to be thoroughly cleaned and washed using high pressure steam cleaning before delivery to the site to prevent the spread of hazardous invasive species and pathogens.

Response from Environmental Protection Agency

The EPA stated the following:

• The EPA is the competent authority for the licencing of wastewater discharges and that the Agency is currently assessing a licence application for the works.

• The agency will carry out a screening for Appropriate Assessment/Appropriate Assessment of the proposed works.

• The Agency will take account of any Appropriate Assessment undertaken by another public authority.

• The Agency shall grant a licence only after having determined that the project in question shall not affect the integrity of a European Site.

• The Agency is precluded from granting a waste water discharge licence which would:

o Cause deterioration in chemical or ecological status (or potential) in the receiving body of surface water.

o Cause deterioration the chemical status in the receiving body of groundwater.

o Exclude or compromise the achievement of the objectives established for protected species and natural habitats which are European Sites.

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• The Agency is also required to comply with other statutory requirements and relation relate to timeframe, Urban Waste Water Regulations and European Sites.

Public submissions:

None received.

5.0 FURTHER INFORMATION

Kilkenny County Council was requested to provide the following items of Further Information in accordance with Section 177AE (5) of the Planning and Development Act 2000 (as amended).

1. Clarify whether or not it is proposed to upgrade the plant and/or improve the discharge and to submit the relevant technical, chemical and biological details in relation to the proposed discharge and assimilative capacity of the receiving watercourse for the Board’s consideration – Permission was previously granted under Part 8 for the upgrade of the WWTP, the pollutant concentration is to that as given in the NIS and details of assimilative capacity submitted.

2. An NIS assessment of whether or not the new outfall location will have any impact on river flow and patterns of erosion and deposition within the river which could in turn impact on habitats and species present: The 95%ile flow is calculated as 0.141cum/sec (reduced to 1.129cum/sec to account for climate change), the discharge is 0.00273cum/sec which accounts for 2.1% of the flow of the receiving waters. The construction of a rock armour headwall will prevent erosion and the plant upgrade which includes screening to 6mm and grit removal will reduce the suspended solids and thus deposition.

3. Details in relation to the extent of the improved assimilative capacity of the Little Arrigle River in the vicinity of the proposed discharge and NIS assessment of the impact of the proposed discharge on Floating River Vegetation (Habitat Code 3260) in the vicinity of the proposed outfall pipe :

a. The 95%ile flow calculated for the receiving waters is 0.130cum/sec , the discharge from the plant is 0.00273cum/sec which accounts for 2.1% of the flow of the receiving waters.

b. Floating River Vegetation is present in the vicinity of the proposed discharge point, this habitat requires sufficient plant nutrients to maintain growth however strongly eutrophic condition will result in increased algae growth the loss of species; no precise data available on the nutrient requirements of this species; its presence downstream of the existing discharge point indicates that current biological water quality conditions, although slightly adversely affected, has not resulted in the loss of this species; the WWTP upgrade will reduce

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plant nutrient levels in the discharge and combined with the additional dilution in the larger volume of water will result in lower concentrations of nutrients in the receiving water than at present.

4. Clarify the number of times the total Phosphorous concentration of the WWTP effluent was found to exceed 2mg/l during this period - three times.

5. Details of the source of the upstream river water quality/background concentration and the period over which the data was derived; and clarify discrepancies in chemical data between the NIS and Waste Licence application to the EPA –

a. The source of the upstream river water quality/background concentration is a series of tests carried out by the Council in 2011.

b. The proposed maximum volume of 235 cubic meters is the measured maximum flow into the plant recorded from the flow meter from Jan to July 2011. Extensive work has been carried out on the network to reduce infiltration which accounts for the reduction in flow from that applied for to the EPA.

c. Data for the current applications are more up to date and reliable than those submitted to the EPA for the discharge licence in 2009.

6. Observations in relation any likely reductions in river flow and possible reduced assimilative capacity consequent on climate change – details submitted based on ICARUS report which referred to an 8% reduction in flow over a 25 year period for the River Nore.

7. Details of pumping station(s) with respect to their location; whether or not there will be duty pumps provided at the pumping stations or both duty and standby pumping facilities; details of the storage capacity of pumping station(s); and details of alarms systems at pumping stations in the event of a problem arising. Details of any river crossings – covered under Part 8 permitted upgrade of the WWTP and details submitted and no river crossing works proposed.

8. Assess impacts, if any, on the Goatsbridge Trout Farm – the proposed discharge will be required to meet all legislative standards and there will be no impact on the Trout Farm or any other water user in the area.

The County Council made the following observations:

• The proposed works will lead to an improvement of the current situation with effluent from the plant currently discharging to a tributary of the Little Arrigle with a 95%ie flow of 0.033cum/sec. and that the current water which has been assessed for quality background already contains this effluent.

• Should the relocation of the outfall proceed this will result in removal of the discharge from the upstream water which would imply that background concentrations would improve.

• This proposal, together with the proposed upgrade works, will result in better quality discharge which outfalls to the watercourse at a better location which will lead to improved surface water quality in the upstream tributaries.

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6.0 APPROPRIATE ASSESSMENT

6.1 Background

The piped discharge from Ballyhale-Knocktopher Waste Water Treatment System currently enters a tributary of the Little Arrigle River which is in turn a tributary of the River Nore. All of these waters courses are located within the River Barrow and River Nore Special Area of Conservation which is a European site (Special Area of Conservation (Site Code 002162). It is proposed to relocate the discharge pipe from the WWTP to a new location along the banks of the Little Arrigle River north of its confluence with two tributaries. The proposed discharge pipe extension works would comprise laying a new pipe along the N9 road to Derrynahinch Bridge and extending the pipe northwards for a short distance to the banks of the Little Arrigle.

The appropriate assessment of the proposed development will be based on all of the relevant information submitted in relation to the site and surrounding area including:

••• The NPWS Site Synopsis, Qualifying Interests and Conservation Objectives.

••• The Natura Impact Statement.

••• Submissions and observations from Prescribed Bodies and interested parties.

6.2 Relevance of proposed development to the management of the SAC site

The proposed development is not directly relevant to the management of the SAC.

6.3 Relationship between proposed development and SAC site

SAC Site details:

••• River Barrow and River Nore SAC: Site code 002162.

••• This SAC consists of the freshwater stretches of the two river catchments as far upstream as the Slieve Bloom Mountains and the tidal elements and estuary as far down stream as Creadun Head in Waterford.

••• The SAC contains 24 Qualifying Interests:

– 12 Annex 1 habitats, and – 12 Annex 11 species.

Conservation Objectives:

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••• The Conservation Objective is to maintain or restore the favourable conservation condition of the Annex 1 habitats and the Annex 11 species.

Site ‐specific Conservation Objectives are given for each of the Qualifying

Interests, the objectives aim to define favourable conservation conditions for the habitats or species present at the site in relation to a list of specific attributes and targets. Details summarised in Appendix 2 to this report. Qualifying Interests:

••• Several of the 24 qualifying habitats and species do not occur in this section of the SAC (some are terrestrial or estuarine and some have never been recorded along this area or downstream of the proposal) and therefore could not be affected by the proposed development.

••• The Qualifying Interests comprise 2 habitats and 6 species:

– Floating River vegetation (Habitat Code: 3260) – Hydrophilous tall herb fringe communities (Habitat Code: 6430).

– Sea Lamprey (Species Code: 1095) – Brook Lamprey (Species Code: 1096) – River Lamprey (Species Code: 1099) – Atlantic Salmon (Species Code: 1106) – White-Clawed Crayfish (Species Code: 1092) – Otter (Species Code: 1355)

Scope of proposed development and main characteristics:

••• Relocate WWTP outfall pipe from its current position along a tributary of the Little Arrigle to a new position at the banks of the Little Arrigle River, north of its confluence with two tributaries.

••• Construction of c.1850m of new 150mm diameter rising main pipe from Ballyhale WWTP along the N9 towards Thomastown, to a proposed new outfall location at Derrynahinch.

••• Construct a rock armour headwall to support outfall pipe along the bank of the Little Arrigle River.

Biological water quality, assimilative capacity and flow rates:

The EU Surface Water Regulations, 2009 require that good ecological status must be achieved by 2015. An assessment of the biological water quality in the vicinity of the existing outfall to the Little Arrigle River showed a drop from the EPA quality rating of Q4 (good ecological status) upstream of the outfall to Q3-4 (poor ecological status) downstream of the outfall. The results of routine chemical monitoring of the river water by the County Council in 2010 and 2011 indicated an increase in

age2 orthophosphate downstream of the current outfall point which could affect plant growth levels and that the Total Phosphorous concentration of the WWTP effluent was found to exceed 2mg/l on 3 out of 21 occasions from January to July 2011.

The Nore Main River Water Management Unit Action Plan Selected Action Programme identified the need for the improvement measures at the Ballyhale- Knocktopher WWTP which specified the need to increase the capacity of the plant and either provide tertiary treatment and nutrient removal or relocate the outfall. The Council already has a Part 8 approval to upgrade the WWTP and the current proposal relates to the relocation of the outfall.

The following table summarises the main data for BOD, Total Ammonia and MRP in relation to required legislative standards, the current background concentrations in the receiving waters and the resultant concentrations in the treated discharge.

Legislative Background Resultant standards concentrations concentrations (mg/l) (mg/l) BOD 2.6000 1.0000 1.3611

Total Ammonia 0.1400 0.0200 0.0766

MRP 0.0750 0.0500 0.0681

The next table calculates the assimilative capacity of the receiving water based on the amount of headroom for BOD, Total Ammonia and MRP, the amount of headroom recommended for use and the amount and percentage of headroom that will be used. Headroom is calculated by subtracting the background concentration from the legislative standard.

Headroom % permitted Allowed Actual % of to be used increase increase headroom used BOD 1.6000 25% 0.4000 0.36108 22.57%

Total 0.1200 25% 0.0300 0.05663 47.19% Ammonia MRP 0.0250 25% 0.0063 0.01805 72.22%

The above tables indicate that there is sufficient capacity in the receiving waters of the Little Arrigle River to assimilate the treated discharge form the relocated Ballyhale - Knocktopher WWTP outfall pipe. Although the treated discharge would use up more of the recommended headroom (25%) for Total Ammonia and MRP it should be noted that the recommended headroom is unusually low. The proposed location offers

age2 greater assimilative capacity in terms of flow rates and water volume, having regard to its location to the north of the confluence of two tributaries with the main river channel, than the existing location to the side of the WWTP. Photographs in Appendix 1 attempt to describe this relationship in more detail. Furthermore, no other WWTPs or licenced facilities discharge into this river immediately downstream of the outfall point and no water abstractions take place along this section of the river.

There would be no further deterioration in biological water quality in the vicinity of the existing outfall, the watercourse in the vicinity of the proposed outfall has the capacity to accept the treated discharge and the proposed development would allow for an overall improvement on water quality in this section of the SAC.

The 95%ile flow for the receiving waters is 0.141 cubic meters per second, the discharge from the plant is approximately 0.002731 cubic meters per second and the discharge accounts for approximately 2% of the flow of the receiving waters. This indicates that the flow rate from the outfall will assimilate with the flow rate in the river and that the flow rate from the relocated outfall will not have any effect on patterns of erosion or deposition in the Little Arrigle River in the vicinity of the outfall.

Relationship of the proposed development to the SAC site:

••• Treated effluent from the relocated WWTP outfall pipe will discharge directly to the River Barrow and River Nore SAC.

Relevance of proposal to the management of the SAC site:

••• The proposed development seeks to improve water quality which will be beneficial to the sites Qualifying Interests.

Other plans and projects in the vicinity of the SAC:

••• Several other WWTPs, quarries and commercial facilities in the catchment of the River Nore have waste licences.

••• The Nore Main Water Management Unit Action Plan identified 6350 septic tanks (none of which pose a risk) within the catchment.

••• The Nore Main Water Management Unit Action Plan did not identify any water bodies that are at risk from water abstraction.

6.4 Impact on sites conservation objectives and qualifying interests

The impact of the proposed development on the relevant Qualifying is assessed below.

Annex 1 habitats:

• Floating River Vegetation : occurs in the immediate vicinity of the proposed outfall pipe as well as upstream and downstream of this location. A slight

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increase in plant nutrients would result in increased growth of floating river vegetation, a substantial increase could result in increased growth of competitor species with a resultant loss of floating river vegetation.

o This section of the Little Arrigle River has greater assimilative capacity in terms of water volume and flow rates than the tributary that the effluent currently discharges into. The plant nutrient content of the treated discharge will be lower following the permitted Part 8 upgrade of the WWTP and the discharge will dissipate more rapidity in the watercourse because of the higher flow rates and water volumes along this section of the river.

o There is a noted absence of scientific information in relation to exactly how floating river vegetation plant species react to different levels of plant nutrients. It is probable that the treated discharge will result in an increased growth of floating river vegetation. It is also possible that the plant nutrient content of the treated discharge could give rise to an increase in competitive species such as filamentous algae which would in turn result in the loss of a small section of floating river vegetation in the vicinity of and immediately downstream of the proposed outfall.

o However, the overall impact of the proposed development on the biological water quality and the floating river vegetation habitat along this section of the Little Arrigle River, and further downstream of the proposed outfall, will be positive in terms of achieving good ecological status and protecting the wider integrity of the SAC.

o This habitat is not present in the vicinity of the existing outfall nor is it present immediately upstream or downstream of the existing outfall at the WWTP however it is present c.150m downstream of the outfall.

o The relocation of the outfall pipe away from its existing location will improve biological water quality in the upper reaches of this watercourse which could, in time lead, to an increase in floating river vegetation in the in the vicinity of the plant. • Eutrophic tall herbs : occur along the banks of the Little Arrigle in the vicinity of the proposed outfall pipe, they are not sensitive to slight increases in pollution but are vulnerable to major changes in tropic conditions.

o The Little Arrigle River has greater assimilative capacity than the tributary that the effluent currently discharges into, the nutrient enriching content of the discharge will be lower following the permitted Part 8 upgrade of the WWTP, the discharge would dissipate more rapidity in the watercourse and only a slight increase in growth of Eutrophic tall herbs is predicted with no significant loss of species or habitat expected.

o The constituent species will regenerate following completion of construction works which may cause a temporary disturbance to this habitat.

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o The relocation of the outfall pipe will improve biological water quality in the vicinity of the WWTP which could in time lead to an increase in Eutrophic tall herbs in this section of the watercourse.

Annex 11 species:

• Atlantic salmon : requires good water quality (Q4) and the Little Arrigle downstream of the discharge point is rated as good salmon spawning and nursery habitat. The River Nore is a reasonably good Salmon River and although its quality has declined in recent years, it remains a designated Salmonid Water. The recorded slight drop in biological water quality downstream of the current WWTP outfall could be having a negative impact on salmon spawning and nursery habitat quality in the Little Arrigle.

o The relocated outfall to the main channel of the Little Arrigle River which has a greater assimilative capacity in combination with the reduced nutrient content by way of the permitted Part 8 WWTP upgrade would have a positive impact on this species.

o Oil or fuel spillage from construction vehicles could affect water quality and chemistry with resultant impacts on fish life.

o Silt and sediment generation during pipe laying and construction of the headwall could have negative impacts on spawning and nursery habitats, impair visibility for fish, smoother aquatic organisms and macro-invertebrates and clog fish gills leading to asphyxiation.

• Sea, Brook and River Lamprey : occur throughout the River Nore catchment. Sea Lamprey have been found as far north as Thomastown and Brook and River Lamprey are widespread throughout the system. There is suitable spawning and nursery habitat in the Little Arrigle River. The recorded slight drop in biological water quality downstream of the current WWTP outfall could be having a negative impact on lamprey species spawning habitat quality in the Little Arrigle River. o The relocated outfall to the main channel of the Little Arrigle River which has a greater assimilative capacity in combination with the reduced nutrient content by way of the permitted Part 8 WWTP upgrade would have a positive impact on this species.

o Oil or fuel spillage from construction vehicles could affect water quality and chemistry with resultant impacts on fish life.

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• White-Clawed Crayfish : were once well distributed throughout the River Nore catchment and tributaries. However a significant decline in the population was noted in 2001 following an unspecified event although the population could recover in time. They require reasonably good water quality (Q3-4) and recorded drop in biological water quality downstream of the current WWTP outfall (to Q3) would not necessarily impact on the crayfish population.

o Silt and sediment generation during pipe laying and construction of the headwall could have negative impacts and contamination with silt could adversely affect crayfish.

• Otter : are widely distributed in the South Eastern River Basin District. A significant drop in water quality would affect prey species and adversely affect otter populations. However otters tend to favour slightly polluted sites over sites with extremely good or extremely poor water quality.

o No otter holts found in the vicinity of the proposed works so no negative impact predicted from construction works.

6.5 Assessment of significance of impact on Qualifying Interests

• The proposed development will not give rise to a loss or fragmentation of any of the Qualifying Interest habitats.

• The relocation of the WWTP outfall pipe to the main channel of the Little Arrigle River with greater assimilative capacity in combination with the reduced nutrient content by way of the permitted Part 8 WWTP upgrade will have a positive impact on the Qualifying Interest habitat Eutrophic Tall Herbs and Qualifying Interest species of Atlantic Salmon and Sea, River and Brook Lamprey and White-Clawed Crayfish.

• The relocation of the WWTP outfall pipe to the main channel of the Little Arrigle River could have a potentially negative impact on the Qualifying Interest habitat of Floating River Vegetation in the immediate vicinity of the discharge. However the greater assimilative capacity at this location in combination with the reduced nutrient content by way of the permitted Part 8 WWTP upgrade will help to mitigate the severity of the impact.

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• The proposed development could potentially have a significant negative impact on the Qualifying Interest species of Atlantic Salmon, Sea, River and Brook Lamprey and White-Clawed Crayfish if measures are not put in place to prevent contamination of the river with silt or materials associated with the construction phase of the proposal.

6.6 Mitigation measures

The NIS report outlined mitigation measures for:

• The installation of the necessary structures on the bank of the Little Arrigle River at the location of the relocated outfall.

Measures to be introduced:

• Fence off the watercourse to prevent machinery encroachment.

• Fence off area to prevent egress by machinery and materials into the SAC.

• No soil shall be imported into the SAC and only excavated materials shall be used for backfilling to prevent the spread of invasive species.

• All fuels and other material shall be stored in bunded areas away from the SAC and watercourse along with a prohibition on refuelling of equipment machinery in the Sac to prevent accidental spillages.

• Prior consultation with IFI and the NPWS.

• Phase work to minimise sediment loss to watercourse.

• Vegetation clearance shall take place outside the breeding season (01/03 to 31/08) to avoid disturbance to breeding birds prior agreement shall be obtained from IFI and the NPWS in relation to the dates when work can be allowed.

• Method statements shall be provided by the contractor for approval by the Council during construction stage to specify the methods to be used to prevent silt laden water from discharging directly to the watercourse.

• All cement, concrete and mortar works shall be done in the dry and effectively isolated from any flowing water that may enter the watercourse for a period sufficient to cure concrete.

• There should be no discharges of cement be cement residue to waters and al bags/containers of cement shall be stored in secure, bended areas.

• The pH of any and all discharges made from and during works shall be in the range of 6.0 to 9.0 units and shall not alter pH of the receiving waters by more than +/- 0.5pH units.

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• All pumps using fuel or containing oil shall be locally and securely bunded when situated within 25m of waters, or when sited such that taking account of gradient and ground conditions, there is the possibility of discharge to waters.

• Staff shall be fully appraised of the mitigation measures.

Effectiveness of mitigation measures:

••• The mitigation measures will protect Atlantic salmon, Sea, River and Brook Lampreys and White-Clawed Crayfish during construction works from the harmful effects of sediment and siltation generation, from oil and fuel spills, and concrete curing.

Provided that the mitigation measures are fully implemented, there should be no significant adverse impact on the Conservation Objectives or Qualifying Interests.

Outstanding matters:

IFI raised several concerns in relation to upgrade works at the WWTP, the assimilative capacity of the receiving waters, the effects of climate change, the impact of the proposed construction works on the SAC, details of pumping stations and alarms, the impact on the Goatsbridge trout farm and details for river crossing works.

The Council confirmed that Part 8 approval has been granted for upgrade works at the WWTP and that these works include the installation of pumps and warning systems. The concerns raised in relation to assimilative capacity have been adequately addressed in the NIS report and in the Council’s response to further information in relation to the chemical composition of the receiving waters and the treated discharge, river flow rates, and the volume and flow rate of the treated discharge. The FI response calculations take account of an 8% reduction in river flow as a result of climate change and the quality of the discharge is required to comply with the standards set by the 2009 Surface Water Regulations. No river crossing works are proposed and the relocated outfall will have no additional impact on the trout farm. The concerns raised in relation to the impact of construction works on the SAC are adequately addressed by the proposed mitigation measures outlined above. 6.7 Cumulative impacts

Several other WWTPs, quarries and commercial facilities in the catchment of the River Nore have waste licences and several of the commercial facilities are located downstream of Kilkenny City. Provided that these WWTPs, quarries and facilities continue to operate within the terms of their licences, they will not add to the cumulative impact of the proposed development on the biological water quality of the River Nore or on the sites Conservation Objectives and Qualifying Interests.

The Nore Main Water Management Unit Action Plan identified 6350 septic tanks within the catchment. However the Unit Action Plan concluded that none of these activities poses a risk to water quality and they will not add to the cumulative impact of the proposed development on the biological water quality of the River Nore or on the sites Conservation Objectives and Qualifying Interests.

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6.8 Likelihood of significant effects on Qualifying Interests

The likelihood of the proposed development having significant effects on the Qualifying Interests of the SAC following the implementation of mitigation measures is assessed below.

Likely duration of impacts:

••• Provided that the volume, chemical quality and discharge rates of treated wastewater remains within the parameters set in the NIS report and comply with the 2009 Surface Water Regulations, the impact of the relocated discharge on the habitats and species in the SAC will be minimal.

••• Provided that the mitigation measures outlined in the NIS report are fully implemented, the impact of construction related work on the habitats and species will be short term.

Likely permanent loss of habitat :

••• Provided that the volume, chemical quality and discharge rates of treated wastewater remains within the parameters set in the NIS report and comply with the 2009 Surface Water Regulations, there will be no permanent loss of habitats or species within the SAC as a result of the proposed development.

••• Provided that the mitigation measures outlined in the NIS report are fully implemented in relation to construction works, there will be no permanent loss of habitats or species within the SAC as a result of the proposed development.

••• The proposed development will not result in any permanent loss or fragmentation of habitats for which the SAC is designated.

6.9 Residual impacts (following mitigation)

Provided that all the mitigation measures set out in the NIS report are fully implemented, the overall long term impact of the proposed development on the habitats and species located downstream of the relocated WWTP outfall pipe will be positive in comparison to the current situation. Therefore, the proposed development will not have any significant negative impacts on the Conservation Objectives or Qualifying Interests of the River Barrow and River Nore SAC 002162.

6.10 Recommendation for determination

The proposed development will not have an adverse effect on the integrity of the site in view of the sites conservation objectives.

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I consider it reasonable to conclude on the basis of the information available that the proposed development, individually and in combination with other plans or projects would not adversely affect the integrity of the European site No 002162 in view of the site’s conservation objectives.

7.0 PLANNING ASSESSMENT

The main issues arising in this case are:

1. Principle of development. 2. Visual and residential amenity. 3. Vehicular access. 4. Environmental Impact Assessment.

7.1 Principle of development

The proposed development would be located within an area covered by the Kilkenny County Development Plan, 2008-2014 which is subject to a number of environmental policies and objectives in relation to the designation of the River Nore as an SAC. The proposed development, which would comprise the relocation of an existing outfall pipe from the existing Ballyhale-Knocktopher WWTP some 2km to the south of the site, would be acceptable in principle.

7.2 Visual and residential amenity

The proposed development would be located in a rural area and there are several dwelling houses in the vicinity. The proposal would involve laying an underground drainage pipe along the N9 via the Derrynahinch Bridge and under agricultural land to the banks of the Little Arrigle River. The proposed development would not have any impact on the residential or visual amenities of the area nor would it give rise to noise or light pollution nor any significant emission of odours. The outfall pipe would be located a significant distance from public view and the visibility concerns raised by Inland Fisheries Ireland in relation to the underwater location of the outfall are not a serious cause for concern.

7.3 Vehicular access

There is currently no specific vehicular access to the site of the proposed relocated outfall pipe and there are no proposals to provide a vehicular access which is considered acceptable given the nature and scale of the proposed development. However any temporary or shared vehicular access arrangements off the local road to the site for construction vehicles should not be located along a bend in the road of close to the bridge in the interest of public safety. Appropriate safety features should put in place while the pipe is being laid under the N9 and across Derrynahinch Bridge.

7.4 Environmental Impact Assessment

The proposed development is not listed in Part 1 and it does not exceed the thresholds specifically identified in Part 2, of the fifth Schedule of the Planning and

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Development Regulations, 2001 (as amended). Having regard to the location of the site within a designated European Site, and in accordance with Article 103(2) of the Regulations, it is necessary to determine whether the proposed development would be likely to have significant effects on the environment. Having regard to the nature and scale of proposed development, the conclusions of the Appropriate Assessment and the criteria set out in Schedule 7, I am satisfied that the proposed development would not have any likely significant effects on the environment and EIS is not required.

8.0 RECOMMENDATION

Arising from my assessment of this Local Authority Project I recommend that approval should be granted for the proposed development for the reasons and considerations set down below, subject to compliance with the attached conditions.

REASONS AND CONSIDERATIONS

Having regard to the provisions of the:

••• EU Habitats Directive (92/43/EEC), ••• European Communities (Birds and Natural Habitats) Regulations, 2011, ••• EU Water Framework Directive, 2000, ••• EU (Surface Waters) Regulations 2009, ••• South Eastern River Basin Management Plan, 2009 to 2015, and ••• Kilkenny County Development Plan, 2008-2014, and

having regard to the nature, scale and extent of the proposed development, the location of the site within a rural area and the agricultural and riparian character of the surrounding area, it is considered that, subject to compliance with the conditions set out below, the proposed development would not:

• Adversely affect the integrity of the European site, • Adversely affect the environment, • Seriously injure the amenities of the area or of property in the vicinity, • Give rise to the creation of a traffic hazard, nor • Be prejudicial to public health.

The proposed development would therefore be in accordance with the proper planning and sustainable development of the area.

CONDITIONS

1. The development shall be carried out and completed in accordance with the plans and particulars lodged with the application, except as may otherwise be

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required in order to comply with the following conditions. Reason : In the interest of clarity.

2. Kilkenny County Council and any agent acting on its behalf shall comply with mitigation measures contained in the Natura Impact Statement which was submitted with the application. Reason : In the interest of clarity and the proper planning and sustainable development of the area and to ensure the protection of the European site.

3. Kilkenny County Council and any agent acting on its behalf shall comply with the following additional measures:

a. The level of suspended solids in any discharges to the Little Arrigle River as a consequence of construction works should not exceed 25mg/l, nor result in the deposition of silts on gravels or on any element of the aquatic flora or fauna.

b. No polluting matter should be held in the any area liable to flood.

c. All plant and machinery used during in stream works (if required) should be thoroughly cleaned and washed before delivery to the site to prevent the spread of hazardous invasive species and pathogens.

Reason : In the interest of clarity and the proper planning and sustainable development of the area and to ensure the protection of the European site.

4. A suitably qualified ecologist shall be appointed by Kilkenny County Council to oversee the site set-up and construction of the proposed outfall pipe and the ecologist shall be present on site during construction works at the watercourse. Upon completion of works, an audit report of the site works shall be prepared by the appointed ecologist and submitted to the Council to be kept on record. Reason : In the interest of nature conservation, to prevent adverse impacts on the River Barrow and River Nore European site and to ensure the protection of the Annex 1 habitats and the Annex 11 species and their Qualifying Interests for which the site was designated.

5. Any temporary vehicular access arrangements taken off the local road in order to provide access to the site for construction vehicles shall not be located along any bend in the local road or in close proximity to Derrynahinch Bridge. Reason : In the interest of traffic and pedestrian safety.

______Karla Mc Bride Senior Planning Inspector 22nd May 2012

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