CHAPTER 4 ENVIRONMENT

Environment

4. ENVIRONMENT

Main Sections in this Chapter include: Vision 1. Introduction 2. Landscape Aims 3. Water Environment 4. Agriculture 5. Forestry 6. Fishing 7. Extractive Industry 8. Peatlands 9. Waste & Waste Management 10. Silvermines 11. Cemetaries and Crematoria 12. Control of Major Accident Hazards Directive (Seveso II Directive) 13. Potentially Contaminated Land 14. Air Quality 15. Noise and Dust 16. Light Pollution ______4.1 Introduction 4.0 Vision It is a key aim of this Plan to work towards The Council recognises the need to achieving a high quality of life for rural preserve, enhance and protect the quality communities in North Tipperary, to of the environment in North Tipperary and facilitate local growth, to protect the to promote, target and secure sustainable vitality and viability of local communities development, whilst also maintaining a and settlements, to support local balance of development, supporting agriculture while also encouraging the communities and securing jobs within the diversification of the rural economy. County. There is also a realisation that there is a The Council is anxious that North feedback relationship between urban and Tipperary continues and expands its role rural areas, and that what is required in as the order to achieve good planning is an integrated approach towards land-use ‘Premier Green County planning across the wider environment. To for a Green Future’. this end, this chapter seeks to apply the key objectives set out in Chapter 2 ‘towards the achievement of sustainability’ by providing policy guidance on the various land-use issues that impact on the environment.

The Council will also ensure that environmental protection measures are taken to prevent environmental pollution, and that such measures are guided by the principles of Sustainable Development, Local Agenda 21 and the ‘Polluter Pays

Principle’.

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In considering any development proposal all citizens must learn to develop a culture in the context of proper planning and of compliance as failing this may have sustainable development, these issues must detrimental consequences for our Country be taken into account. and County’s clean green environmental image. Policy ENV 1: General Policy It is the policy of the Council to 4.1.4 Mainstreaming Environmental implement the Habitats Directive and that Considerations where relevant, projects and Masterplans All policies and plans made in respect of a arising from this plan will be screened by wide variety of sectors such as transport, the Council, in co-operation with the agriculture, housing, industry etc, must be applicant, for the need to undertake a appropriately proofed for their Habitats Directive Assessment under environmental impact. Similarly, the Article 6 of the Habitats Directive. promotion of environmentally friendly business practices must be encouraged and In the EPA’s fourth State of the supported at national and local level. Environment Report, 2008, four priority challenges were identified as follows: 4.2 Landscape Aims

4.1.1 Limiting and Adapting to Climate The Guidelines for Landscape Character Change Assessment (2000) required a new We must aim to alleviate the causes and approach to dealing with the landscape. effects while facing up to the reality that The Guidelines allow us to view the some impacts are unavoidable and we landscape for its capacity to accommodate must adapt to these. An improved development types and specific proposals understanding of climate change will based on a thorough understanding of the greatly enhance our ability to implement character of the receiving landscape. measures to ensure we achieve our objectives in relation to Climate Change.

4.1.2 Reversing Environmental Degradation We face tremendous challenges with respect to preventing further deterioration of our surface and ground waters and achieving good conservation status for much of our natural habitats and the protected and endangered species dependant on them. Increased awareness and appreciation for the importance of our It was an objective of the last County biodiversity is paramount to the reversal of Development Plan for the Council to decades of exploitation. In addition, there prepare a County Landscape Character is a great necessity for national legislation Assessment (CLCA), including a Wind to be developed dealing specifically with Strategy. This document was adopted by land contamination and its remediation. the Council in March 2009.

4.1.3 Complying with Environmental Within the County Development Plan Legislation and Agreements 2004 Special Landscape Areas within the With the ever increasing litany of County were identified, together with environmental legislation coupled with an scenic routes and scenic views. The economic down turn and dwindling CLCA built on this principle and resources, consistent, high level subdivided the County into landscape enforcement of such legislation poses an character types and these new enormous challenge to councils. On the classifications identify, categorise and other hand, business representatives and

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assign values to all landscapes according to five sensitivity classes: • Class 1 - Low sensitivity • Class 2 - Moderate sensitivity • Class 3 - High Sensitivity • Class 4 - Special • Class 5 - Unique

A value assessment and sensitivity assessment was also carried out on each character area in order to: a) Preserve identified sensitive Policy ENV 2: Landscape Protection landscapes; and It is the policy of the Council in assessing b) Identify suitable working landscapes applications for development that would where there is potential to impact on landscape to balance the need to accommodate development. protect landscape character against the requirement for socio-economic development in accordance with value The Council recognises that the landscape assessment and sensitivity as identified in will alter rapidly as the result of changes the County Landscape Character in land use, in particular the continued Assessment 2009. development of agriculture, quarries,

afforestation, urbanisation, etc. This policy is designed to enable Agricultural reforms may lead to intensive development to proceed that would farming and hedgerow removal integrate and contribute to the wider particularly in farming areas where the landscape. It recognises that some uptake of REPS is not widespread. landscapes may change over the plan Landscape change through afforestation period, and this change must take place in will be substantial but will differ from a way that does not sacrifice the ‘Quality’ previous changes. More planting will take of the landscape. place on the lowland, wet, mineral soils

than the blanket peat of the uplands. There will be substantially more planting of broadleaf species on the better soils.

The County Landscape Character Assessment will provide a basis for resolving conflict between proposals for economic activity in sensitive rural areas.

Key Landscape aims include:

(i) To sustain, conserve and enhance the landscape diversity, character and 4.2.1 Protecting Vulnerable Landscapes quality of the County; (ii) To protect sensitive areas from Policy ENV 3: Vulnerable Landscapes development that would take from It is the policy of the Council to resist from or be injurious to the amenity of development that would: the area; (a) materially interfere with the view of (iii) To provide for development and the water/mountains from any point change that would benefit the rural within a visually vulnerable area; or economy while protecting and (b) materially interfere with the view to or enhancing the landscape. from the lake or lakeshore; (c) break the skyline or (d) materially impact upon the character, integrity or uniformity of a vulnerable

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landscape or scenic area when viewed from scenic routes and the environs of archaeological or historic sites.

Applications 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 statement setting out the alternative sites that were considered.

The Council proposes to designate certain areas of the county as vulnerable landscape and areas of scenic importance It is the aim of the Council to: that will include: (a) give guidance to applicants at pre- • the banks of rivers planning meetings as to how best • the shoreline of the lake integrate dwellings successfully into • upland area particularly the skyline landscapes where important views and • parklands and historic landscapes landscapes exist; (b) prevent development which would interfere or take from a view which is designated; (c) impose conditions on planning permissions where minor modifications may render an otherwise negative development acceptable.

4.3 Water Environment

The Council is responsible for the protection of all waters including rivers, lakes and groundwater. Developments in these areas must Relevant legislation includes but is not demonstrate that they will not cause harm limited to: to the character or appearance of these • Water Framework Directive areas when viewed from the surrounding • The Nitrates Directive areas and that they can be fully integrated • Local Government (Water into the surrounding landscape. The Pollution) Act 1977 to 2007 County has prepared a Rural Housing Design Guideline document which was 4.3.1 Water Framework Directive noted and accepted by Councillors in North Tipperary County Council is February 2009. This document provides charged with the role referred to as a guidance and assistance to those applying ‘competent authority’ in the for planning permission in rural areas. implementation of the Water Framework Directive (WFD) for the County. Under 4.2.2 Preserving Important Views the WFD, the Council is required to ensure that all waters within the County achieve Policy ENV 4: Views and Prospects ‘good status’ by December 2015 (‘Good It is the policy of the Council to protect Status’ refers to good ecological and good views and prospects of special amenity chemical status for surface waters. Good value or special interest, as set out in ground water status means good Appendices and the Designations map. quantitative and chemical status).

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The establishment of the River Basin pollution associated with agricultural Districts under the Water Framework activity exists. Directive, is to provide an integrated monitoring and management system for all waters within the RBD and has significant implications for North Tipperary.

North Tipperary is divided between two River Basin Districts, The South East River Basin District, which covers the Suir & Nore catchments and the Shannon River Basin District. The River Basin Management Plans were adopted by North Tipperary County Council in May 2010.

The River Basin Managment Districts are set out in Map 1.

Policy ENV 5: Water Framework Directive It is Council policy to implement the provisions of the River Management Plans, and any other water quality management plans prepared at a national, regional or local level. 4.3.4 Groundwater Groundwater provides 55% of public 4.3.2 The Nitrates Directive water supply. A key aspect of The Nitrates Directive was transposed environmental planning is the achievement onto Irish law by EC (Good Agricultural of sustainable water quality, and the Practices for Protection of Waters) Council has prepared an ‘Interim Regulations 2006 to 2009. Groundwater Protection Scheme’ as a tool to achieve this end. Local Authorities are responsible for the enforcement of these regulations. These The Council has regard to National regulations require that all farmyard waste polices, guidelines and directives in is managed so as to prevent pollution of relation to the protection of groundwater waters. source supplies. In relation to developments of an industrial or 4.3.3 Local Government (Water commercial nature, development will not Pollution) Act 1977 to 2007 be permitted within source protection Discharges to waters and sewers are zones. In relation to one-off housing, all licenced under Section 4 & 16 respectively proposals for development will be required of the above Acts. Where appropriate, to comply with the EPA Codes of practice planning permission for development will for on-site wastewater treatment systems. be conditional on obtaining a discharge The Council will take a precautionary licence. approach in assessing planning applications within source protection Lough Derg is a considerable asset to zones North Tipperary as a source of water, an important amenity and a key landmark. The Lough Derg / Lough Ree Catchment Monitoring and Management System identified townlands in North Tipperary where a high potential risk of water

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Map 1 River Basin Managment Districts.

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North Tipperary County Council in water, groundwater and drinking water in conjunction with the Geological Survey of the County through the relevant legislative Ireland produced a Groundwater provisions. The Council will seek to Protection Plan to assist in the protection prepare a dedicated Groundwater of groundwater in the development Protection Scheme during the lifetime of process, and this document is an integral the Plan, subject to resources and staffing. part of the County Development Plan.

The Groundwater Protection Scheme maps give a general, but not detailed, indication of vulnerability across the county, but may be used in conjunction with site survey, site specific investigation and site inspection. Approximately 33% of the county is categorised as having an Extreme Vulnerability, with the remaining 67% given an undifferentiated Low-High Vulnerability. The onus is still on the developer to prove a vulnerability category of a site. EV2 It is an objective of the Council to work with the EPA, and the relevant River Policy ENV 6: Source Protection Zones Basin Management Authorities in relation It is the Council’s policy to only consider to the implementation of the River Basin applications for one-off housing within Quality Management Plans for the two Source Protection Zones in the following River Basin District Authorities which circumstances: relate to North Tipperary. For established residents, or members of their immediate family, for a permanent EV3 It is an objective of the Council to dwelling for their own use where it can be continue its programme of monitoring demonstrated that: water quality of the Council’s rivers, (a) There is no reasonable alternative streams and lakes, to ensure that the within the remainder of the family objectives under the Water Framework landholding which lies outside the Directive 2000 are met. The Council will Source Protection Zones; and also seek to work with appropriate bodies (b) The applicant does not already own a in the promotion of greater awareness of dwelling in the rural area; and the Water Framework Directive, the (c) The applicant complies with the terms Nitrates Directive and the Water Pollution of policies HSG8, HSG9, HSG10, Acts 1977-2007 (as amended). HSG12 and HSG13. EV4 It is an objective of the Council to Policy ENV 7: Groundwater Protection examine the manner in which trial hole It is the Council’s policy to protect and percolation tests are carried out in the groundwater resources and drinking water County and the qualifications of those catchments having regard to European carrying them out and to prepare a Communities (Good Agricultural Practice guidance document on this issue. for Protection of Waters) Regulations, SI376 of 2006, and the ‘Groundwater 4.3.4(i) Geology Protection Plan’ and any North Tipperary is mainly underlain by amendment/review thereof and Silurian to Upper Carboniferous aged Environmental Protection Agency bedrock, which is mainly sedimentary in guidelines applicable at the time. origin consisting of limestone, sandstone and shale. Volcanic bedrock occurrences Specific Objectives are few, small and in isolated areas. EV1 It is an objective of the Council to protect and preserve the quality of surface

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The subsoil’s of North Tipperary lie above the bedrock and below the topsoil. These Table 4.1: Public Water Supply Schemes vary in thickness, extent and type and and their vulnerbility therefore the protection offered to the underlying bedrock varies. There has been very little mapping of the subsoil’s and therefore only interim vulnerability maps are available for North Tipperary.

Source Name Source Type Vulnerability Aquifer Type 4.3.4 (ii) Hydrogeology Borrisoleigh Boreholes (2) H-L Ll Depending on the overall potential Borrisokane Spring E/H-L Ll groundwater availability, area, Clonakenny Borehole H-L Pl/Rf permeability, karstic nature and more, the Cloughjordan Spring E Ll Geological Survey of Ireland (GSI) has Holycross Borehole H-L Ll classified bedrock/subsoil’s aquifers into Littleton Borehole H-L Ll three main categories: Lorrha Borehole E Ll Loughmore Borehole H-L Ll Moycarkey/ Borehole H-L Ll 1. Regionally Important (R) Aquifers Curraheen Ll (i) Karstified bedrock Aquifers (Rk) Rathcabbin/ Borehole (ii) Fissured bedrock Aquifers (Rf) Lorrha (iii) Extensive sand/gravel Aquifers Rieska/ Borehole E Pl (Rg) Kilcommon 2. Locally Important (L) Aquifers Riverstown Spring E/H-L Ll (i) Sand/Gravel (Lg) Roscrea Spring H-L/E Rf (Glenbeha) (ii) Bedrock which is Generally Templederry Borehole H/H-L Pl Moderately Productive (Lm) Templemore Boreholes (2) E/H-L Ll/Lm (iii) Bedrock which is Moderately Templetouhy Boreholes (2) H-L/?E Ll Productive only in Local Zones Terryglass Borehole H-L Ll/Rf (Ll) Thurles Spring H-L/E Ll (iv) Karstified aquifer (Lk) (Creamery) Thurles Spring H-L/E Ll 3. Poor (P) Aquifers (Lady’s Well) Thurles Spring H-L/E Rf (i) Bedrock which is Generally (Tobernaloo) Unproductive except for Local Toomevara Springs (4) H-L/E Rf Zones (Pl) Tullahedy Borehole E Ll (ii) Bedrock which is Generally Two-Mile- Borehole E Ll Unproductive (Pu) Borris Upperchurch Borehole H-L/E Pl In April 2002 the GSI in collaboration with North Tipperary County Council Key: produced a draft report on “An assessment Vulnerability of the quality of public, group scheme and H-L = High-Low, E = Extreme private groundwater supplies in North • On-Site Wastewater Treatment County Tipperary”. In this report the Studies have shown that small effluent vulnerability at each public source was treatment systems do not produce long determined. Table 4.1 presents the supply term removal of phosphorus, although name and type, the bedrock aquifer in discharge of treated wastewater to ground which it is located and the vulnerability may provide some attenuation in the short classification type, according to the term, this effect will be negated as P levels Geological Survey of Ireland. build up in the soil. The existence of thin

soils, shallow rock formations and slopes

all increase the possibility of P from effluent treatment plants reaching watercourses and lakes.

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Policy ENV 10: On-site Wastewater It would be difficult to prove an effect Treatment Systems close to Water from an individual property on a body of Bodies water, particularly in the short term. It is the Council’s policy to only consider However, concentrations of single applications for one-off housing within properties have been proven to have a 200m of rivers and lakes in the following cumulative effect on water quality. In circumstances: light of the poor level of phosphorus For established residents, or members of treatment accorded to on-site treatment their immediate family, for a permanent systems and to the sensitivity of the dwelling for their own use where it can be receiving watercourses, particularly lakes, demonstrated that: it is reasonable that the Planning Authority (a) There is no reasonable alternative not only take into account the prevailing within the remainder of the family circumstances associated with each such landholding which lies outside the application when considering them at 200m from the rivers and lakes; and planning stage, but to adopt a (b) The applicant does not already own a precautionary principle towards granting dwelling in the rural area; and planning permission for development in (c) The applicant complies with the terms such potentially vulnerable locations. of policies HSG8, HSG8a, HSG9, HSG10 and HSG11. Policy ENV 8: Single dwelling WWT In certain circumstances such assessment Systems will require the applicant to submit a It is the policy of the Council to strictly Hydrogeological Impact Study based on control the siting, construction and on-site risk analysis and borehole data. layout of proposed Septic (primary standard) Systems and Advanced (min. 4.3.4 (iii) Vulnerability secondary standard) Wastewater The GSI produced Vulnerability Mapping Treatment Systems associated with one- Guidelines for the determination of the off housing development. Where the vulnerability of an area or site to pollution. public sewer network is upgraded in future The ratings are based on pragmatic years, it is the policy of the Council that judgements, experience and available these properties should connect into the technical and scientific information. public infrastructure, where feasible. However, provided the limitations are appreciated, vulnerability assessments are Policy ENV8a Wastewater Treatment essential when considering the location of Systems on Un-Sewered Properties. potentially polluting activities. Three All site assessments for all on-site supplementary publications have been treatment systems or septic tanks shall be produced in 1999 by the GSI, DoEHLG carried out in accordance with relevant and the EPA: Environmental Protection Agency guidance (EPA), and any subsequent 1. Groundwater Protection Responses for Codes of Practice super-ceding or Landfills updating these, and endorsed by the 2. Groundwater Protection Responses to Department of Environment for this the Land spreading of organic waste purpose. and 3. Groundwater Protection Responses for Policy ENV 9: Single dwelling WWT on-site waste water systems for single Discharges. houses. It is the policy of the Council that treated effluent from on-site systems discharge to The vulnerability of the aquifers to ground. Discharge to surface waters will point/diffuse pollution is determined only be considered in exceptional largely by the attenuation capacity of the environmental circumstances. soils/overburden deposits. Further development of agriculture, extraction,

North Tipperary County Development Plan 2010-2016 47 Environment industry, etc, may cause detrimental harm account of the appropriate practices when to groundwater if unregulated. preparing development proposals.

Aquifer Vulnerability in North Tipperary These fall into three broad groups which is set out in Map Ref E in Volume 5 of aim to: Plan. -Reduce the quantity of runoff collected (source control techniques) Specific Objective -Slow the velocity of runoff to allow EV5 It is an objective of the Council to settlement, filtering and infiltration via a work with appropriate bodies to increase permeable conveyance system. awareness of soils within the County and -Provide passive treatment to collected to continue to work on updating soil surface water before discharge to a vulnerability maps for North Tipperary. watercourse (end of pipe systems).

4.3.5 Surface Water Source control techniques include the The Council is responsible for all waters following: including rivers, lakes and groundwater. - Roadside drainage ditches The work includes implementation of - Porous pavements pollution control measures, licensing of - Infiltration trenches effluent discharges, implementing and - Infiltration basins monitoring compliance with environmental legislation. Permeable conveyance systems include: - French drains The most recent Interim Status Report - Drainage ditches prepared for the Draft River Basin Management Plans indicated that 63% of Passive treatment systems include: waterbodies in North Tipperary failed to - Filter strips meet the Water Framework Directive - Detention ponds target of Good Status. Only 37% of waterbodies were classified as Good or Current best practice guidance on High. Sustainable urban Drainage Systems (SuDS) is available from the Guidance Storm water has been identified by the Documents produced by the Greater River Basin District (RBD) project teams Dublin Strategic Drainage Study as one of the causes of poor water quality. (GDSDS). Best practice recommendations The Council will require that surface water for discharge of storm water is by way of be disposed of, where possible, on-site or shared “regional” systems rather than on- alternatively, by a combination of site systems. Similarly, surface water regulated discharge, e.g. flow restriction attenuation systems are recommended in device, and source control, where the main place of underground storage of water in objectives are to (a) improve the quality tanks (commonly and erroneously referred and (b) reduce the quantity and rate, of to as attenuation tanks). In this regard the surface water discharge to nearby rivers. Council would direct developers to the GDSDS Policy Documents and the 5.3.5(i) Sustainable urban Drainage Drainage Code of Practice as well as the Systems (SuDS) website www.irishsuds.com for further Sustainable Urban Drainage Schemes detailed information. (SUDS) are concerned with the quality of surface water run-off in both urban and 4.3.5(ii) Rainwater Harvesting rural areas and seek to ensure that the risk Fresh water resources are increasingly to receiving water from pollution is becoming an issue of environmental and minimised and to control the release of economic importance. According to the water run-off in a carefully managed way. European Environment Agency, the Prospective developers should take average consumption for all household purposes is, circa 150 litres per head per

North Tipperary County Development Plan 2010-2016 48 Environment day, (1999). On this basis the average Specific Objectives water ‘consumption’ per person per year EV6 It is an objective of the Council to in North Tipperary (pop: 66,023, 2006 achieve the water quality targets set out census) comes to 3.6 billion litres! The under the water framework directive as third biggest user of water is the WC, documented in the South East and accounting for almost 35% of a person’s Shannon River Basin Management Plans average daily water consumption. where feasible and where resources permit. In this regard it is suggested that rain water recovery systems be utilised in the EV7 It is an objective of the Council to construction of new housing as well as the carry out farm inspections to minimise the fitting of low-water usage appliances. agricultural contribution to surface and ground water pollution. The Council recognises the benefits of harvesting rainwater for reuse within EV8 It is an objective of the Council to larger developments and individual monitor existing licensed discharges to dwellings. While there is no provision for waters and enforce license conditions. these systems in the current building regulations, the Council, in granting EV9 It is an objective of the Council to permission will seek rain water reuse in all work towards ensuring that all on-site new developments and will seek design waste water treatment systems for single solutions that provide for collection, dwellings are appropriately installed and recycling and reuse of rain water to meet maintained in accordance with Best the non-potable needs of the proposed Practice. development. Benefits accrued from the use of these systems are particularly relevant for large scale commercial/industrial users leading to reduced bills for metered water supply taking cognisance of the large roof surfaces available for rainwater collection.

Policy ENV 11: Surface Water The Council will seek the implementation of rainwater harvesting, re-use of grey water, SUDS and best practice guidance for the collection, reuse or disposal and treatment of surface water. Such systems EV10 It is an objective of the Council to will be required to conserve water, protect accurately delineate source protection water quality and regulate the rate of zones (inner, outer/zone of contribution) surface water runoff so as not to cause or for existing public drinking water supplies. exacerbate flooding on the relevant site or elsewhere. EV11 It is an objective of the Council to develop site suitability assessment Policy ENV 12: Surface Water protocol for on-site treatment systems. Retention It is the policy of the Council to promote 4.3.6 Invasive Species sustainable urban drainage through storm Many species of flora and fauna have been water retention facilities for new introduced to Ireland and pose deleterious developments and to incorporate design impacts on native vegetation, wildlife and solutions that provide for collection and their ecosystems. Of particular relevance recycling of surface water. in North Tipperary are the Zebra Mussel, Elodea Nuttallii, and blue green algae.

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Policy ENV 13: Invasive Species The Council will, where appropriate and where resources permit, work with other agencies to address the issue of invasive species within water courses in the County.

4.3.7 Water Corridors

Policy ENV 14: Water Corridors It is a policy of the Council to preserve an undisturbed edge or buffer adjacent to watercourses and to maintain the natural In 2006 the Western Area Local Area Plan functions of existing ecosystems. was adopted. This LAP encompasses the In respect of Lough Derg, developments lakeshore and its hinterland and provides such as private harbours or jetties will be more detailed policies and objectives for resisted within areas identified as being the lake shore. It also has zoned Special Areas of Conservation (or significant lands for integrated tourism candidate), Special Protection Areas (or purposes together with providing a general candidate) or Natural Heritage Areas (or approach for the development of this area proposed). of the County and the towns and villages that lie within it.

Policy ENV 15: Water Corridor Amenity It is a policy of the Council to conserve and enhance the amenity of the shoreline and County river corridors, while avoiding adverse impacts on the integrity of designated sites, including the landscape, water environment and wildlife habitats and, where consistent with this, to encourage increased public access and water-related recreation opportunities.

Specific Objective EV12 It is an objective of the Council to Private jetties and harbours are becoming seek to implement the findings of the a more prominent feature of the Lough Water Corridor Study 2006 subject to Derg shoreline with a substantial number resources and staff availability. being constructed during the life of the last Plan. The council will resist new proposals 4.3.8 Riparian zones for private harbours and jetties along the 4.3.8 (i) Riparian (River) Buffer Zones lakeshore. However, the Council Riparian buffer zones are used to protect a recognises that there is a need for particular watercourse from the impact of improved tourist facilities for public use human activity or development in an area. along the shoreline, and that in many The buffer zone if sufficiently large and respects the tourism potential of the lake is managed will: under-developed. The completion of a joint Marina and Sustainable Recreation
Filter out pollutants and sediment Study for Lough Derg with Clare County from overland surface runoff Council, Galway County Council and
Stabilise banks through provision Shannon Development, will form a of root cohesion on banks and guidance document towards the realisation floodplains of the potential of the lake for tourism.

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Provide a refuge for animals with close affinity to rivers (e.g. otters, kingfishers, dragonflies)
Create habitat necessary for fish and other aquatic life
Provide amenity and recreation to local people and visitors to the area (fishing, scenic walks etc)
Enhance flood alleviation

Where developments are proposed adjacent to waterways, in urban areas Where the Planning Authority deems it generally, and notwithstanding the necessary, it shall be a requirement to consideration of setback distances to carry out an ecological assessment of a site mitigate against flooding, the Planning where the Authority believes there is Authority will generally seek a setback significant evidence of biodiversity within distance of between 30 metres to 50 the site boundaries. This assessment may metres from the waterway’s edge. The also be requested where developments Planning Authority may reduce or increase pertain to existing structures or buildings. this setback depending on the size of the Certain construction / restoration/ site and the nature of the development demolition work shall have regard to proposed. nesting periods of the year of any species inhabiting the site/building e.g. badgers, Policy ENV 16: Riparian Zones roof nesting birds, bats, barn owls, It is Council policy to provide riparian amphibians. corridors and/or buffer zones by reserving land of minimum width of 30m along banks of rivers and streams for the purposes of, inter alia, providing habitat, river maintenance, access for anglers, walkers, recreational area and pollution buffer zone and to maintain such corridors free from inappropriate development. Regard will also be had to Policies ENV18 and ENV19 and to the Planning System and Flood Risk Management Guidelines.

4.3.8 (ii) Biodiversity / Riparian (River) 4.3.9 Fats, Oils and Grease Buffer Zones Fats, Oils and Grease (FOG) are generated It is important to identify and integrate in significant quantities from Food Service into all designs, any habitats and features Establishments. When disposed of to the contained within the site. This includes sewer system, this can cause blockages in existing mature trees, hedgerows, the public drainage network, resulting in watercourses, random rubble stonewalls flooding and /or environmental pollution and any other habitats. It is vital to protect of waterways. Capacity may be reduced biodiversity and enhance it through, for in the network and health and safety issues example, buffer zones around wetlands, can be encountered. Food Service rivers, ponds etc, wildlife corridors Establishments include pubs, restaurants, allowing interconnectivity, adequate hotels, takeaways, convenience stores etc. fencing around trees, etc. The Council will require that all commercial development demonstrate, as part of a planning application, how they will control the discharge of FOG to the drainage system. Failure to submit such

North Tipperary County Development Plan 2010-2016 51 Environment details will delay the determination of an elsewhere and where possible, application. reducing flood risk overall; • Adopt a sequential approach to flood Long established technology such as risk management based on avoidance, grease traps will assist in preventing the reduction and then mitigation of flood discharge of FOG to the sewer network. risk as the overall framework for Best management practices should also be assessing the location of new identified in all aspects of managing the development in the development problem within the individual planning process; and establishment. Grease traps require • Incorporate flood risk assessment into regular maintenance and the recovered the process of making decisions on FOG/water mixture must be collected by a planning applications and planning properly licensed waste contractor and appeals. disposed of at a licensed facility. Taking account of the uncertainties Effluents from Food Service inherent in the prediction of flooding and Establishments will be subject to licence the fact that flood risk is expected to under the Water Pollution Act 1977 to increase due to climate change, it is 2007. necessary that a precautionary approach to flood risk be adopted. Taking cognisance Policy ENV17 Water Protection of this approach the Council notes the Land uses shall not give rise to the findings of the EPA report Climate pollution of ground or surface waters Change: Regional Climate Model during the construction or operation of Predictions for Ireland (2005). This developments. This shall be achieved estimates that future river discharge will through the adherence to best practice in increase by up to 20% in December and the design, installation and management of January in the South East Region while systems for the interception, collection and there is also some evidence of an increase appropriate disposal or treatment of all in the frequency of extreme precipitation surface waters and effluents. events.

Specific Objective Taking the Suir Catchment as an example EV13 It is an objective of the Council to the EPA report states “… for the future develop Guidelines for Fats, Oils and period (2021–2060), the hydrological Grease (FOG) discharge licenses. model shows a significant increase in the more intense discharge episodes, a pattern 4.3.10 Flooding that is also shown in the return values of In November 2009 the DoEHLG extreme discharge. This has implications published Guidelines entitled ‘The for future planning to reduce impacts of Planning System and Flood Risk flooding”. All flood risk assessments Management’. The Guidelines introduce should have regard to national flood mechanisms for the incorporation of flood hazard mapping (refer to risk identification, assessment and www.flooding.ie), predicted changes in management into the planning system. flood events resulting from climate change The Guidelines require Planning and the Suir Catchment Flood Risk Authorities to: Assessment and Management Study • Avoid development in areas at risk of (CFRAM Study) when completed by the flooding by not permitting Office of Public Works. development in flood risk areas, particularly floodplains, unless where Flood Risk Maps for North Tipperary are it is fully justified that there are wider set out in Map Ref F in Volume 5. sustainable grounds for appropriate development and unless the flood risk Local Authorities within their can be managed to an acceptable level Development Plans, are also required without increasing flood risk under the Guidelines to establish an

North Tipperary County Development Plan 2010-2016 52 Environment overall flood risk assessment context for development that would add to the risk of their functional areas, including other flooding. Planning Authorities i.e. Town Councils, and any Local Area Plans which may be Specific Objectives supplemented by any more detailed site- EV14 It is on objective of the Council to specific flood risk assessment required to prepare a Strategic Flood Risk Assessment comply with the Guidelines at Town for the County, in line with the DoEHLG Plan/LAP level. Guideline document entitled, “The Planning System and Flood Risk Policy ENV 18: Flooding Management” during the lifetime of this It is the policy of the Council to Plan, subject to resources and staffing. implement the recommendations of the DoEHLG Guidelines entitled ‘The EV15 To encourage the use of recycled Planning System and Flood Risk waters through rain water harvesting and Management’ in the management of other measures so as to reduce demand on development within the County. drinking water resources.

Policy ENV 19: Protection of the Flood EV16 To encourage the use of Plain permeable surfaces e.g. gravel drives It is the policy of the Council to operate a porous pavements, ponds, swales, filter sequential approach to the assessment of drains etc, to reduce surface water run-off. proposed developments on established flood plains. No development shall be EV17 To encourage the use of SUDS permitted on such lands, in the absence of techniques, constructed wetland and other a justification test which demonstrates that natural solutions to reduce the impact of the proposals comply with the DoEHLG surface water runoff on river and ground guidelines on Flooding entitled ‘The waters in terms of quality, quantity and Planning System and Flood Risk rate of discharge. Management’. Where development is considered appropriate adjacent to an 4.4 Agriculture existing flood plain and would result in The County’s countryside relies largely alteration of natural drainage systems, the (though not exclusively) on farming for Council will require mitigation measures the management and maintenance of its to minimise the risk of flooding. rural character. The relationship between planning and farming can sometimes be Policy ENV 19a: Flood Alleviation and difficult given the increasing pressure on Mitigation Measures farmers to sell sites to supplement a It is the policy of the County Council to declining income, and the need to protect ensure that development does not increase the character of the countryside and the the risk of flooding, and development in viability of urban areas. low-lying areas or known flood plains will be required to produce a Site Specific According to the Central Statistics Office Flood Risk Assessment and a Justification (CSO) Census for Agriculture, 2000 Test to demonstrate that the development (carried out every 10 years) Agriculture is will not contribute to flooding within the still the predominant land-use in North immediate or wider catchment area. Tipperary with 149,411 ha of land under Regard will also be had to Policies ENV18 agriculture. Of this, 12,322 ha are under and ENV19 and to the Planning System tillage for crops, fruit and horticulture. A and Flood Risk Management Guidelines. further 130,371 ha are used for hay, silage and pasture. The most important activity The primary aim of these policies are to being dairying and cattle rearing with over protect residential and commercial areas 80% of the agricultural gross output being from flooding. The first consideration, generated by dairy and cattle industries. therefore, shall be the protection of Sheep account for nearly 136,309 animals existing flood plains free from in the County.

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people, the current service and infrastructure deficit will have to be addressed, particularly in villages and rural clusters;

c) With increased intensification of agriculture in some areas and afforestation in others the landscape and environment will be radically altered. Agriculture as an economic sector will face challenges to be environmentally sustainable;

Agriculture, therefore, continues to play an d) Climate change will see more important part in economic life, providing agricultural land subject to winter both direct and indirect employment, flooding that will affect land usage; albeit of declining scale as is demonstrated in the 17% decline of those working in e) The area of greatest landscape change farming between 1986 and 1996 and a is probably agriculture and the Rural 10.7% decline between 1996 and 2006. Environmental Protection Scheme The estimated number of farms in 1991 (REPS) is a measure that provides was 4,450 this fell to 3,659 in 2001. some protection. REPS uptake is lowest where change is likely to be The challenge facing the Council is to greatest; facilitate the broadening of the rural economy while conserving the landscape, f) The impact of infrastructure in areas environment and natural diversity of the of high landscape value, particularly countryside. Without a sound economic wind farms and telecommunication and social base, many environmental equipment; objectives for the countryside will not be realised. The rural economy must be g) Impact of infrastructure in and allowed to flourish in sustainable ways if adjacent to designated and Natural the quality of the countryside is to be Heritage Areas (or proposed), Special secured. Protection Areas (or candidate) and Special Areas of Conservation (or It remains a key aim of this Plan to work candidate); towards achieving a high quality of life for rural communities in North Tipperary, to h) Increasing demand for recreation facilitate local growth, to protect the space but there is no national strategy vitality and viability of local communities on provision and no hierarchy of needs and settlements, to support local established. Agricultural land will be agriculture while also encouraging the required to meet future needs; The diversification of the rural economy. National Recreation Policy for Young People which was published in 4.4.1 Key Issues for Policy on September 2007 provides a strategic Agriculture framework for the promotion of positive recreational opportunities a) Farm diversification and off-farm aimed principally at young people employment will require significant aged 12 to 18. investment in the development of human resources; i) Agriculture in the past was responsible for the greatest loss of archaeological b) With the aim of retaining population monuments. REPS at present provides in the rural area, particularly young some protection;

North Tipperary County Development Plan 2010-2016 54 Environment j) Tourism & agri-tourism can contribute constructed in accordance with current to rural development and farm Department of Agricultural Specifications diversification but are often not seen as such and their potential is not Part 3, Schedule 1 of the Planning and realised. Development Regulations 2001 provides details of exemptions in relation to Policy ENV 20: Agriculture agricultural buildings. These exemptions It is the policy of the Council to protect the do not however apply to farmyards that are viability of farms and best quality land for within settlement boundaries. agriculture and related uses. Proposals that Proposals for new agricultural buildings are considered to have a negative impact must take account of the following: on the viability of existing farms will not • Proximity to adjacent dwellings be favourably considered. • Rural character of the area • Utilisation of natural landscape and land cover as screening.

The growing trend towards one-off rural houses has resulted in new houses being located close to farms. This often gives 4.4.3 Rural Diversification rise to conflict between residents and farming practices. In view of the above, It is an objective of the National Spatial the Council requires a set back of 100m Strategy 2002 – 2020 and Regional from existing farms for residential Planning Guidelines 2004 to seek to development. An exception may be made encourage continued economic where the application is for a family development in a way that is compatible member or from a farm worker. Chapters with sustainability objectives. 5 and 9 set out the Council’s policy guidelines and development management The Council recognises the fact that the standards/controls in respect of non- most effective means of ensuring the agricultural development in rural areas. protection of the rural landscape is to encourage and support the continued Agriculture is the predominant rural land- operation of agricultural farm holdings. use when considering competing claims of However, the Council acknowledges that agricultural development and residential the diversification of uses on rural amenity in rural areas. landholdings may be necessary in order to ensure the continued vitality and viability 4.4.2 Agricultural Buildings of agricultural ways of life and that cross subsidisation between uses and activities Policy ENV 21: Agricultural Buildings may be necessary in order to make rural It is the policy of the Council to require farm holdings viable. agricultural buildings to be designed, located and orientated in a manner that will minimise their environmental impact. All agricultural buildings should be

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Policy ENV 22: Rural Diversification Policy ENV 22(b): Farm Shops It is the policy of the Council to encourage It is the policy of the Council to encourage the sustainable development of alternative proposals for retail development on a farm rural based enterprises, where the where it can be clearly demonstrated that: following criteria are met: a) the products to be sold are primarily a) buildings/works shall be designed, produce grown on the farm holding located and screened such that they b) the scale and scope of the retailing will not take from the rural character proposed will not harm the viability or and appearance of the area; retail facilities in any nearby town or b) the activity will not take from the village; and amenities of the residents living in the c) the proposed use will be ancillary and area; and relevant to the farm business; c) the activity will not result in the d) the scale and nature of the creation of a significant traffic hazard. accommodation proposed for retailing and d) ensure that buildings in visually the size, design, materials and siting of any sensitive areas address the new building or extension conforms with surroundings; the existing buildings of the farm; and e) the development is in line with e)the proposal does not harm the rural national policy on access onto national character of the landscape and amenities primary and secondary roads. of the locality and f) the development will not result in the Policy ENV 22(a): Expansion of the creation of a significant traffic hazard. Agricultural Sector Developments of this nature within It is the Policy of the Council to; Special Landscape Zones, High Amenity • Encourage expansion and employment Areas and Protected Views will only be in the agricultural sector and the permitted in exceptional circumstances. agricultural related industries such as g) The development is in line with national forestry, peatlands, agri-tourism etc; policy on access onto national primary and • Liaise and work with the other secondary roads. agencies such as Leader, County Enterprise Group, Farming Farm shops refer to premises primarily for organizations, Voluntary Groups and the sale, processing or packaging of Community Forum to develop produce originating from the farm holding economic social and physical benefits or the local area. They can serve a vital for the rural community and its service function in rural areas by helping to meet base; demand for fresh produce and providing • Ensure that buildings in visually new sources of employment and services, sensitive areas address the so contributing to the diversity of surroundings; economic activity in rural areas. • Ensure that the development would not prejudice the future agricultural Specific Objectives operation of the farm. EV18 To support agricultural There will be a presumption against development and encourage the permanent loss of good quality agricultural continuation of agriculture as a land outside the defined settlement contributory means of maintaining boundaries. The Council will also ensure population in the rural area. that proposed agricultural and forestry related developments are considered in relation to their likely impact on the character and amenity of the surrounding area.

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EV19 The Council will seek to support - to be sited as unobtrusively as possible; those families wishing to remain on the - to be clustered to form a distinct and land and accordingly the Council will unified feature in the landscape; favourably consider rural diversification - to utilise suitable materials and colours; intended to supplement farm income such - to utilise native species in screen planting as in order to integrate development into the • specialist farming practices, e.g. landscape. flower growing, equine facilities, poultry, mushroom growing, specialised animal EV23 To support agricultural activities breeding. which encourage bio-diversity and the • farm enterprises such as National Biodiversity Plan. processing, co-ops, farm supply stores and agri-business in accordance with the 4.4.3(i) Re-Use of Derelict Sites or development control policies of the Plan. Buildings • the production of organic and Where there is an existing development in specialty foods to meet the increase in the countryside where the use has been demand for such products. abandoned, there is potential for • the conversion of redundant farm development for non-agricultural buildings of vernacular importance for purposes, for example creameries, appropriate owner-run enterprises, as a abandoned petrol stations, old farm way of supporting a viable rural buildings, and associated buildings. The community subject to the proper planning Council will seek to ensure that the scale and sustainable development of the area. and nature of any proposed development relating to such structures is appropriate to the location and that the proposal can be satisfactorily integrated into the rural landscape.

EV20 To encourage the development of environmentally sustainable agricultural practices, to ensure that development does not impinge on the visual amenity of the countryside and that watercourses, wildlife Policy ENV 22(c): Re-Use of Derelict habitats and areas of ecological Sites or Buildings importance are protected from the threat of It is the policy of the Council to facilitate pollution. and encourage the re-use of redundant farm buildings of vernacular importance EV21 To ensure that all agricultural for appropriate owner-run agri-tourism activities adhere to any legislation on enterprises subject to the proper planning water quality, such as the Water Pollution and sustainable development of the area. Acts, Phosphorous Regulations, Water The development shall be in line with Framework Directive and Nitrate national policy on access onto national Directive. primary and secondary roads except in exceptional circumstances and should EV22 To require buildings and have due regard for the protection of bat structures in visually sensitive areas: roosts and other listed species.

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Policy ENV 22(d): Adaptation of Under the provisions of Section 21(3) of agricultural buildings/abandoned the Local Government (Water Pollution) commercial sites Act 1990: - The Planning Authority will promote and - Any person who contravenes or encourage employment generating uses fails to comply with these bye- which involve the re-use or adaptation of laws shall be guilty of an offence agricultural buildings / abandoned and commercial sites in the countryside where - Any person guilty of an offence a) They do not harm the character or shall be liable to the penalties set amenity of surrounding areas; and out in said provisions. b) They development is of a scale and nature which is sympathetic towards In order to plan for the recovery of the character of the building and its agricultural waste, particularly from surroundings; intensive agriculture, the Council prepared c) The use and the scale of use proposed to a number of studies, including: be carried out in the building is appropriate to the rural area; • Sludge Management Plan 2003 d) The proposal will not give rise to • Measures Report under the significant adverse environmental and Phosphorous Regulations (SI 258 of transport effects or be prejudicial to 1998); residential amenity; and e) The development does not result in the The Sludge Management Plan 2003 creation of a significant traffic hazard. outlined that of the 152,292 tonnes of dry f) Ensure that developments in visually solids generated annually in North sensitive areas address the Tipperary, 97.7% is generated by surroundings; agriculture. Cattle slurry accounts for g) The development is in line with national 87.7% and pig slurry 0.05% of the total. policy on access onto national primary The remaining sludges arise from industry, and secondary roads. septic tanks, sheep, pigs, poultry and h) The development provides for the horses. Local Authority wastewater protection of bat roosts and other treatment plants account for 0.01% of total listed species. sludge arising.

4.4.4 Recovery of Agricultural Waste The Council supports the recycling of The Council has prepared bye-laws under these nutrients to agricultural land in the Local Government (Water Pollution) accordance with the European (Amendment) Act, 1990, Local Communities (Good Agricultural Practice Government Act 1994, Local Government for the Protection of Waters) Regulations Act, 1994 (Bye-Laws) Regulations 1995, 2006-2009, the Use of Sewage Sludge in Local Government Act, 1994 (Bye-Laws) Agriculture Regulations (SI No. 148 of Regulations 1999, for the purpose of 1998 and SI No. 267 of 2001) and the preventing or eliminating the entry of Council’s Sludge Management Plan. polluted matter to waters. 55% of all river stretches analysed for the The Council in exercise of the powers preparation of the County’s Measures conferred upon it by the above Act and Report were identified as having elevated Regulations, shall seek to implement the phosphorus levels. Bye-Laws in relation to agricultural activities; particularly in respect of Specific Objective (a) Storage and Management of Waste; EV24 The Council will seek to improve and river, lake and ground water quality in the (b) Phosphate Control Measures, County in association with the farm in those parts of the County as set out in organisations and key interest groups. the schedule attached to the Bye-laws.

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as well as any national guidance in Policy ENV 23: Agricultural Waste deciding upon such developments. It is the policy of the Council to seek improvement in the management of Note: The Sludge Management Plan is a livestock slurries. The Council will seek subset of the Waste Management Plan for improvement in existing storage facilities the Midlands Region 2005-2010 which where possible, and require high quality was adopted by the Council in 2005. facilities for storage as part of new development. Applicants shall Policy ENV 25: Nutrient Management demonstrate the crop nutrient management It is the policy of the Council to utilise the requirement for the slurry. Applicants legislation governing nutrient management shall be required to comply with European planning and where necessary to require Communities (Good Agricultural Practice the preparation and submission of nutrient for the Protection of Waters) Regulations management plans for the approval of the 2006-2009 and Agricultural Bye-laws as Authority. they apply to North Tipperary. Farmers must be aware of and comply 4.4.5 Intensive Agriculture with their responsibilities under the law Intensive agricultural developments will and in particular: only be considered when it can be • The Local Governmental (Water demonstrated via the provision of a Pollution) Act, 1977 and Amendment detailed nutrient management plan, that Act, 1990. there is a requirement for additional • The Local Governmental (Water nutrients in compliance with the European Pollution) Act, 1977 (Water Quality Communities (Good Agricultural Practice Standards for Phosphorous) for the Protection of Waters) Regulations, Regulations, 1998. 2006-2009. • The Fisheries (Consolidation) Act, 1959. It is understood and accepted that • Local bye-laws on the regulation of derogation has been granted under these agricultural practice, where they Regulations to farmers accepting pig apply. slurry to apply excess Phosphorus, in the • The protection of waters against form of pig slurry, than is required for pollution caused by Nitrates from optimal crop requirements. This st agriculture in accordance with Council derogation applies only until 01 January Directive 91/676/EEC and the 2011. In addition, pig slurry may be European Communities (Protection of spread on lands based on the assumption Waters against Pollution from of a soil P index of 3. Agricultural Sources) Regulations 2003. These exemptions DO NOT apply to • European Communities (Good farms within the bye-law area. Agricultural Practice for the Protection of Waters) Regulations, 2006-2009 Policy ENV 24: Recovery of Agricultural Waste Ireland’s National Action Programme It is the policy of the Council to require under the Nitrate’s Directive was drawn adequate handling, storage, recovery of all up in 2005. New Regulations, entitled the effluent produced in and by agricultural ‘Good Agricultural Practice for Protection rural based developments. The Council of Waters Regulations 2006’ (S.I. No. 378 will have regard to the Sludge of 2006) have put this action programme Management Plan for North Tipperary, into law. These regulations were amended Measures Report under the Phosphorous in 2009 (SI No. 101 of 2009) to allow for Regulations (SI No. 258 of 1998), increased powers of enforcement by Local European Communities (Good Authorities as well as rules for derogation Agricultural Practice for the Protection of farms. Waters) Regulations (SI No. 101 of 2009)

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4.5.1 Sustainable Forest Management The implementation of these Regulations (SFM) ensures that the agricultural sector meets Sustainable forest management is the its obligations under the Water Framework sustainable development and management Directive. The Nitrates Directive has as of forests and forest lands in a way that its objective the prevention of the maintains their biodiversity, productivity, pollution of ground water and surface regeneration capacity, vitality and their waters by nitrates from agricultural potential to fulfil now and in the future, sources. In particular the Nitrates relevant ecological, economic and social Directive sets out the required measures functions at local, national and global by the agricultural sector to meet targets levels and which at the same time, does contained in the WFD. It provides for the not cause damage to other ecosystems. protection of all waters ensuring The Forest Service is implementing SFM appropriate measures are taken in the use with a view to ensuring that all timber of organic and inorganic fertilizers. produced in Ireland is derived from sustainably managed forests. This is 4.4.6 Out Wintering Pads supported by the Irish National Forest There is a growing interest in earth bank Standard, the Code of Best Practice and a tanks and out-wintering pads as a potential suite of environmental guidelines relating low cost solution to winter housing of to water quality, landscape, archaeology, animals. Planning permission is required biodiversity and harvesting as well as the for such development. Such systems will work of the Forestry Inspectorate and the be considered where it can be ongoing review of Irish forest legislation. demonstrated, to the satisfaction of the planning authority, that the proposed system will be designed, constructed and maintained as per the Department of Agriculture Specification (S132) and the Guidance Document for the Design, Siting and Operation of Out Wintering Pads.

4.5 Policy on Forestry

There are approximately 26,000 ha of land taken up by forestry. Coillte own over 75% of the forestry land in the County while the remaining 25% is in private ownership.

Since the County Development Plan 2004- 2010 was adopted there has been a significant increase in the amount of planting, particularly on marginal land. The overall effect of this development has been to significantly alter the visual appearance of the landscape. Forestry can

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also have a negative impact on residential 4.5.2 Indicative Forest Strategy amenities and water quality. An indicative Forest Strategy is a planning tool used to assess opportunities for new The Council will encourage forestry in a forest planting in a given area. The manner that is in accordance with the objective being to identify the potential proper planning and sustainable that future afforestation can make towards development of the area. As initial the establishment of high quality forests afforestation is now exempt under Class serving a variety of purposes. 15, Part 3, Schedule 1 of the Planning and Development Regulations 2001, the The Forest Service is preparing a National Council shall, through its consultative role, strategy in consultation with interested seek to implement the following parties. It will identify preferred areas for guidelines: the promotion of forestry planting in the a) The use of geometric shapes, county. The council will then assess the particularly on uplands, shall be necessity of completing a strategy for avoided; North Tipperary. b) The aerial fertilisation of forests should only be carried out following In the interim, the Council will have consultation with the Local Authority. regard to DoEHLG and Department of c) The edge of the afforestation shall Agriculture Guideline publications for relate to landscape features and not to Forestry Development . contours or straight lines; d) Variety of species is important and a Specific Objectives minimum of 30% hardwood should be EV25 It is an objective of the Council to incorporated; encourage the sustainable use of natural e) The convergence of forest edge and resources for the planting of forestry. the skyline shall be avoided; f) Afforestation shall be set back from roads and not impact on distant or protected views; g) An assessment shall be carried out on the potential impacts on adjacent or nearby watercourses; h) Proposed afforestation that has a negative impact on a protected view or scenic area will not be supported. i) Encourage proposed forestry plantations to have regard to the County Landscape Character Assessment. EV26 It is an objective of the Council to implement the Indicative Forest Strategy Policy ENV 26: Forestry to encourage the development of forestry It is the policy of the Council to monitor and forestry related industries in locations forestry against impacts on the following: identified in the strategy having regard to a) scenic areas and elevated landscapes local considerations and relevant national in primary amenity areas; forestry guidelines as provided in the local b) areas of best agricultural land; area plans. c) environmentally designated sites; d) marginal land with high biodiversity EV27 It is an objective of the Council to e) areas identified in the County consult with Coillte, landowners, and local Landscape Character Assessment. interest groups in order to encourage local f) existing rights of way; access to forestry, including private g) the recreational and tourism value of forestry, for walking routes, mountain bike the land.

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trails, bridle paths and other non-noise generating activities. EV29 It is an objective of the Council to encourage and support initiatives to embrace traditional fishing practices and investigate and sustainably improve the fisheries in co-operation with the Department of Marine, Fisheries Board, community organisations and other relevant bodies.

EV30 It is an objective of the Council to require that adequate provisions are made to accommodate free upstream and downstream migration of all fish in development proposals 4.6 Fishing 4.7 Policy on Extractive Industry The Shannon, Lough Derg, Nenagh, Suir and Little Brosna amongst many others are North Tipperary contains extensive renowned fishing rivers in North reserves of sand and gravel, which are Tipperary. Fishing remains an important worked at many locations across the natural, cultural, economic and tourism County. The Council recognises the resource for the County which has importance of quarrying and other potential for development in its own right extractive industries to the economic life and as a resource for further tourism of the County. However, such activity development. shall not be allowed at the expense of avoidable or irretrievable losses of natural resources. The overall quality of the environment affected by extraction should be preserved or improved over time so that future generations are not disadvantaged by the activities of the present.

Policy ENV 27: Fishing It is the policy of the Council to continue to take measures to protect streams and rivers from pollution and will encourage appropriate angling-related tourism, fish farming and aquaculture in the County’s waters. Protection of water quality will be a primary consideration to assessing development proposals.

Specific Objectives EV28 It is an objective of the Council to liaise with the Fisheries Board and Angling groups and to facilitate the Board within the limits of its powers as Planning Authority in its Development Programme.

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Section 261, of the Planning and Development Act, 2000 provided for the Silt ponds situated beside a stream registration and control of quarries. The Department of the Environment, Heritage and Local Government produced Quarries and Ancillary Activities - Guidelines for Planning Authorities 2004, which provided a guide to the implementation of Section 261 of the Planning and Development Act, 2000. The Council has now completed the Section 261 process. As a consequence the Council has under the Section 261 process:

a) Imposed, restated, modified or added conditions on the quarries; or Policy ENV 28: Quarries b) Required a planning application to be It is the policy of the Council that in made; and required the submission of assessing applications for new quarries or Environmental Impact Statements. extensions to existing quarries the following will be considered: Following the Section 261 process, the a) the impact of the proposed Council has a Quarry Register, and a development on the quality of the Planning Register, which lists all landscape, particularly sensitive authorised quarries in the County through landscape and protected views; the Section 261 process, or authorised by b) the impact of the proposed planning permission. The Council will development on the archaeological pursue enforcement action, where and architectural heritage; necessary, in respect of unauthorised c) the impact of the proposed operations without the benefit of planning development on NHAs (pNHAs), permission. SPAs (cSPAs) and SACs (cSACs); d) the suitability of the local road infrastructure and impact of the increased traffic on road safety; e) impact on the amenities of the surrounding residents; f) the current land/quarry resource of the applicant and the necessity for the current proposal. The Council will seek that current quarries are worked out and restored before new sites are allowed; Disused quarry used as a scrap yard g) require that development is phased and that each phase is rehabilitated In the past many were operating outside of before the next phase is planning control or in breach of the developed/commenced; permission granted. The Council has also h) applicants shall submit a restoration received reports of some cases of dumping programme with their application on and land filling without the benefit of the manner and timing of restoration; licence or planning permission. i) in open cast workings the direction of operation shall be hidden from public view and, if necessary, boundaries of working areas adjusted to preserve trees and hedgerows for screening. j) It is the policy of the Council to have old disused quarries, sand and gravel

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pits restored to sustainable beneficial County. The Council will, however, seek use and landscaped to integrate with to ensure that proposals for new quarries the surrounding area. will not result in prolonging the life of existing quarries, or ‘hoarding’ of Note: A significant bond will be required resources. to ensure that the infrastructure and restoration works are carried out. The Where planning applications are made developer will also be required to make a which seek long term planning substantial financial contribution towards permissions, the Council will examine the cost of upgrading the local road these having regard to the Policies and network serving the site. Objectives in this Plan, National Guidance and to the proper planning and sustainable In addition to the above the Council aims development of the area. to facilitate quarrying activity which is directly related to the implementation of 4.7.1 Guideline Documentation national public infrastructure projects that The Planning Authority will have regard are objectives of this plan. A temporary to the DoEHLG’s - Quarries and Ancillary planning permission may be granted Activities, Guidelines for Planning provided that: Authorities, 2004, (as amended) when a) the site is close to the project assessing quarry related proposals. concerned (within 10 miles/16 km); b) the restoration of the site will take All developments should have regard to place within the time frame of the and comply with the following documents: temporary permission. (a) Environmental Protection Agency’s (EPA) publication ‘Environmental Policy ENV 29: Supply of Quarries Management in the Extractive Industry It is the policy of the Council to promote (non–scheduled minerals), 2006; an environmentally sustainable approach (b) Archaeological Code of Practice, to minerals planning, in particular by: DoEHLG/ICF a) preventing the wasteful use or (c) Guidelines for Geological Heritage, sterilisation of mineral resources; GSI/ICF b) encouraging the use of secondary and (d) Guidance on Biodiversity, NPWS recycled aggregates; and c) seeking to secure future levels of Specific Objective mineral production that respect the EV31 It is an objective of the Council to nature and scale of the environmental seek to map the aggregate resources within constraints in the County. the County, subject to staffing and financial resources being available.

4.8 Peatlands

It is an key aim of the Council to identify, facilitate and promote the development of the county’s peatlands where appropriate, in accordance with proper planning practice and further, to seek the formulation of a coherent integrated land use plan for the after-use of cutaway bogs

The Council recognises the importance of The Council will adopt a ‘supply-led’ raised bogland as a major natural and approach to minerals in North Tipperary archaeological resource and its critical role by ensuring that there are adequate in employment provision in the county. quarries available to meet the needs of the The development of the county’s peat

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resources will be promoted and facilitated. The Council also recognises the potential 4.9.1 Midlands Regional Waste for the utilisation of protected peatland Management Plan areas for tourist, amenity, educational and A Waste Management Plan for the research purposes. The Council will liaise Midlands Region 2005–2010 (WMP) was with the various governmental and non- made in 2005. This plan was prepared in governmental organisations involved in an accordance with the requirements of the effort to secure the conservation of the Waste Management Acts 1996 to 2005 original peatland areas of the county. and aims to radically alter the approach to managing waste. It is based on the EU Peatlands offer the opportunity to waste management hierarchy, which contribute to the diversification of the prioritises waste prevention, minimisation, rural economy through a number of reuse/recycling, disposal with energy measures including a number of recovery ahead of landfill (See Fig. 4.5). employment uses. Section 4 of the Waste Management They could potentially accommodate large Amendment Act 2001 provides that the scale energy production in the form of development plan in force in an area shall wind farms and bio energy fuel sources. be deemed to include the objectives The Council will encourage the contained in the waste management plan sustainable and appropriate use of made by the local authority. Therefore peatlands for employment generating uses this development plan is deemed to when all other planning and environmental contain the policies and objectives of the considerations are met. A number of the WMP. peatlands within the county are protected through international and national Fig. 4.5 Waste management hierarchy. designations. The Council will seek to achieve a balance in developing such a Most Favoured Option valuable land resource whilst also protecting the heritage and environmental value of these areas where required.

4.9 Waste and Waste Management Waste management in Ireland is regulated by the Waste Management Acts 1996 to 2005.

The Council is committed to implementing Least the current Waste Management Plan for Favoured Option the Midlands Region 2005-2010 (WMP) Source: Midlands Waste Management Plan 2005 - 2010 (in conjunction with Offaly, Laois, Westmeath and Longford County In addition to this, the overriding Councils), which takes account of both principles of waste management policy are national and EU policy in this area. The those of “polluter pays”, the “proximity” Council will also have regard to the principle, the “precautionary” principle National Biodegradable Waste Strategy and the principle of “shared 2006 and its objectives for preferred responsibility”. The essential focus of the options including the following: document is on a shift to prevention and minimisation measures whilst developing
Prevention and minimisation – recycling and waste sorting measures. avoiding generating the waste Only waste that cannot otherwise be
Recycling – mainly of paper and treated should reach landfill, as the least cardboard but also of textiles. preferable mode of waste management.
Re-use of materials
Recovery of energy

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Policy ENV 30: Polluter Pays best practice and with the terms of its It is Council policy to ensure the provision licence. of quality cost effective waste infrastructure and services, which reflect and meet the needs of the community and to ensure that the ‘polluter pays principle’ is adhered to in all waste management activities.

Policy ENV 31: Environmental Awareness It is Council policy to increase environmental awareness in relation to waste management.

Specific Objectives: The Council will continue to examine EV32 It is an objective of the Council to measures that will cater for the appropriate implement the provisions of the Waste management of waste in the county in line Management Hierarchy and the current with the EU Landfill Directive, objectives Waste Management Plan for the Midlands outlined in the Waste Management Region. As a result, developments in the Strategy for the Midlands Region 2005- county will be expected to take account of 2010 and any regional and national the provisions of the Waste Management strategy prepared thereafter. Plan for the Midlands Region and adhere to those elements of it that relate to waste Policy ENV 32: Waste Disposal prevention and minimisation, waste It is Council policy to ensure that all waste recycling facilities, and the capacity for disposal shall be undertaken in compliance source segregation. with the requirements of the Environmental Protection Agency and EV33 It is an objective of the Council to relevant Waste Management Legislation. continue to expand environmental awareness initiatives designed to create 4.9.3 Historic Landfill Sites increased public awareness of waste In accordance with Section 22 (7)(h) of the prevention, minimisation and reuse. Waste Management Act, the historic Particular emphasis should be placed on landfill sites have been identified for the the commercial and industrial sector. purpose of identifying what, if any, remedial measures are required to be 4.9.2 Landfill carried out at the sites. North Tipperary The underlying principle of the EU has fifteen such sites located at: Landfill Directive, introduced in 1999, is to reduce our reliance on landfill as a • Brittas Road, Thurles means of waste disposal. The County • Shesheraghscanlan, Borrisokane Council operates a municipal waste • Glencrue, Portroe landfill site at Ballaghveny which is • Knockane, Toomevara licensed for the disposal of 37,000 tonnes • Grange, Ballina per annum comprising municipal, • Templeree, Templetuohy commercial and construction and • demolition waste and treated sludge. The Kiltillane, Templemore • provision of appropriate waste Annaholty, Newport • management infrastructure is essential for Clybanane, Roscrea the economic development of the county. • Rathnaleen North, Nenagh North Tipperary County Council is • Grange, Roscrea committed to ensuring that the landfill is • Bawn, Nenagh operated in accordance with international • Cooleen, Silvermines

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• Knockanacree, Cloughjordan the management of waste materials that • Monanearla, Thurles are likely to be generated from the proposed use. The Council will comply with any forthcoming legislation pertaining to the For small scale developments basic risk assessments for these sites and will information of the proposed location of undertake any subsequent remedial action, bins, composting etc will only be required which is required to be taken. while a greater level of detail may be required for larger developments. Developments of less than two residential units will normally be exempt from these requirements.

For commercial, industrial and multiple residential proposals, effective waste management should be incorporated into building design and layout e.g. specific provisions should be made for segregated space to allow for the separation of waste consistent with the type of development in

question. Specific Objective Policy ENV 33: Recycling Facilities EV34 It is an objective of the Council to It is Council policy to provide implement the Waste Management infrastructure for re-use, re-cycling and (Certification of Historic Waste Disposal disposal of residual waste through and Recovery Activity) Regulations different arrangements throughout the (2008), or any subsequent appropriate County where feasible and where legislative provisions in relation to historic resources permit. landfill sites in the county and to undertake risk assessments where required 4.9.5 Waste Management Facilities and any subsequent remedial measures The Midlands Waste Management Plan where necessary subject to resources. makes provision for waste collection

facilities, waste transfer stations and other 4.9.4 Recycling facilities and this development plan will In North Tipperary there are currently facilitate their development. With the three Civic Amenity Sites at Ballaghveny exception of bring sites, these facilities landfill, Nenagh and Roscrea which raise different levels of environmental and facilitate the recycling of a wide range of social concerns and impacts and require waste material including paper, cans, licensing from the Environmental glass, timber, plastic bottles, cardboard Protection Agency (EPA). It is important etc.. to ensure they are located where these

impacts are minimised as much as The Waste Management Plan for the possible. Midlands Region proposes a minimum of

187 Bring banks distributed around the Policy ENV 34: Waste Management Midlands Region. Within North Tipperary Assessment there are approximately 39 bring bank It is the policy of the Council to seek a sites for glass and cans, some of them Waste Management Assessment for incorporating plastic bottle banks. projects that will exceed the following

thresholds: In order to provide sustainable waste (a) residential developments in excess of management practices, the County Council 10 houses or more will normally require all development (b) other developments with an aggregate proposals to include on site provisions for floor area in excess of 1,250m2 ;

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(c) demolition/renovation/refurbishment EV42 It is an objective of the Council to projects generating in excess of 100m3 in support and encourage the private sector in volume of construction and demolition the provision of appropriately sited and waste; designed facilities for end of life car re- (d) civil engineering projects producing in cycling facilities to comply with the excess of 500m3 of waste, excluding European Parliament and Council waste materials used for development Directive 2000/53/EC works on the site EV43 It is an objective of the Council to Where appropriate, developers will be establish a Civic Amenity Centre in encouraged to reuse excavated material Thurles. from their development sites for landscaping, land restoration or to be EV44 It is an objective of the Council to reused in the building process. The aim of implement and support the provisions of this assessment outlined in Policy 34 will the Midlands Waste Management Plan and be to establish clear proposals for the in particular, to promote the development reuse, reduction and recycling of waste at of facilities for the prevention, the outset of the development. minimisation, re-use/re-cycling or disposal with energy recovery of waste material. Specific Objectives EV35 It is an objective of the Council to 4.9.6 Enforcement of Waste provide bring centres in villages and towns Legislation within the County. The Council is charged with the regulation of waste activities in the county, both in EV36 It is an objective of the Council to relation to the collection and transport of implement the National Waste Prevention waste under a Waste Collection Permit Programme at Local Authority level. and the recovery of waste at authorised sites under the Waste Permits regime. EV37 It is an objective of the Council to provide as a matter of priority organic The Council is responsible for the waste separation as a requirement for enforcement of waste legislation relating waste management in the County. to the domestic, commercial and industrial sectors and will continue to develop and EV38 It is an objective of the Council to maintain high compliance levels through support the provision of facilities for the the work of its Waste Enforcement Team. proper recovery and disposal of household waste`. The Council prohibits the illegal dumping of wastes and litter throughout the county EV39 It is an objective of the Council to and will continue to actively police this support the implementation of an area. integrated waste management system for the household sector through segregated Specific Objective waste collection and the provision of bring EV45 It is an objective of the Council to banks and recycling centres. use statutory powers to prohibit the illegal deposit and disposal of waste materials, EV40 It is an objective of the Council to refuse and litter, and to authorise and encourage the private sector to provide regulate waste disposal within the county appropriately sited and designed facilities in an environmentally sustainable manner. for the transfer, sorting and recovery of waste streams. 4.9.7 Construction and Demolition Regulations EV41 It is an objective of the Council to The construction / demolition industry is support the provision of infrastructure for one of the largest waste producers in composting and other forms of bio waste. Ireland. The Environment Protection Agency’s National Waste Report 2005

North Tipperary County Development Plan 2010-2016 68 Environment estimates that circa 15 million tonnes of and demolition waste to prepare a Project construction and demolition waste was Construction and Demolition Waste generated in 2005. Much of this increase Management Plan where the project is attributed to growth in the construction exceeds any of the following thresholds: industry (Source: Department of 1. New residential developments of 10 Environment, Heritage and Local houses or more. Government). 2. New residential developments other than 1. above, including institutional, The Council will have regard to the ‘Best educational, health and other public Practice Guidelines on the Preparation of facilities, with an aggregate floor area Waste Management Plans for in excess of 1,250m2. Construction and Demolition Waste 3. Demolition/renovation / refurbishment Projects’, (July 2006). These guidelines projects generating in excess of 100m3 introduce the concept of integrated waste in volume of construction and management planning for construction demolition waste. projects above certain thresholds. 4. Civil engineering projects in excess of 500m3 of waste, excluding waste In order to address this issue and to materials used for development works promote a more sustainable approach to on the site. waste management the Council will require project C& D Waste Management 4.9.8 Environmental Nuisance Plans to be prepared for projects in excess Certain kinds of development can give rise of any of the following thresholds: to nuisance, which can affect occupiers of buildings, passers-by or those using • new residential developments of 10 outdoor space. The Council recognises houses or more that there is a need to prevent new • new developments (other than the problems from arising and to limit or bullet point above), including reduce the nuisance from existing uses. institutional, educational, health and other public facilities, with an Policy ENV 36: Environmental aggregate floor area in excess of Nuisance 1,250m2 It is the policy of the Council to resist • demolition/renovation/refurbishment developments that give rise to projects generating in excess of unacceptable levels of noise, smell, dust, 100m3 in volume of construction and fumes, light or noxious emissions demolition waste affecting areas beyond the site boundary, • civil engineering projects producing in or to air or water pollution. Such excess of 500m3 of waste, excluding restrictions will particularly apply to uses waste materials used for development sensitive to disturbances such as housing, works on the site schools and hospitals, etc.

Policy ENV 35: Construction and 4.10 Silvermines Demolition Waste It is Council policy to require Waste Commercial mining which has been Management Plans to be prepared for carried out at Silvermines for over a Construction and Demolition Projects of a thousand years ceased in 1992 with the particular scale in accordance with Best closure of the Magcobar Ltd. barite mine Practice Guidelines issued by the at Garryard West/Gortshanroe and the Department of Environment, Heritage and earlier closure of the Mogul of Ireland Ltd Local Government in July 2006. mine in the area.

It is further the Council’s policy to require developers of projects with significant potential for the generation of construction

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2004) issued 42 recommendations in relation to guideline values for lead and other relevant metals, guidance for a range of activities and a comprehensive active management programme.

The Department of Communications, Marine and Natural Resources appointed SRK Consulting Ltd. to prepare a Conceptual Design for the closure and rehabilitation measure required over the extensive historic mining area of Silvermines. The SRK report ‘Management and Rehabilitation of the Silvermines Area, Phase IV Report: Conceptual Design’ was presented to and supported by the Silvermines community at a public meeting in December 2005.

The State assumed responsibility for the rehabilitation of the Silvermines mining area and the Minister for Communications, Marine and Natural Resources announced

the provision of €10.6 million funding for Public concern following the death of the rehabilitation of the old mine sites in three cattle from lead poisoning on a farm 2005. North Tipperary County Council adjacent to the Gortmore TMF was appointed to act as agent to the compounded by dust blows from the mine Minister with responsibility to carry out tailings facility led to the establishment of the rehabilitation works. an Inter Agency Group (IAG) to conduct an investigation into the presence and Golder Associates (Ireland) Ltd. was influence of lead in the Silvermines appointed consultant to undertake the chaired by the Department of Agriculture, detailed design in accordance with the Food & Rural Development. SRK Phase IV Report and the Gortmore

Phase I Contract (placement of stone The IAG ‘Report of the Investigation into capping layer) and the Mine Conservation the Presence and Influence of Lead in the Contract (Historic mine buildings at Silvermines Area of County Tipperary’ Ballygowan and Shallee) was carried out (June 2000) made 39 recommendations in 2008 at a cost in excess of €3 million. whereby the risks arising from certain characteristics of the Silvermines area The design of the Garryard Mine Waste could be clearly identified and managed. Treatment Facility and the rehabilitation

plan for Other Sites-Part 8 Report were An Expert Group for Silvermines, also advanced before SRK Consulting including International Experts, was (UK) Ltd. replaced Golder Associates established under the chairmanship of the (Ireland) Ltd. as project consultants for the EPA in June 2001, to formulate guidelines completion of the Silvermines applicable to Ireland on the management Rehabilitation Plan. of lead in the environment. The Expert

Group recognized the need to consider The Gortmore Phase 2 Contract (capping guideline values and guidance in relation with soil, drainage, wetland and to lead, cadmium, arsenic, zinc, copper buttressing) will be carried out in 2009 and mercury in the Silvermines area. The while other works will include ‘Final Report of Expert Group for rehabilitation work on other sites including Silvermines County Tipperary’ (EPA Shaft and Audit Safety Measures. The

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The overall Silvermines Rehabilitation Project should be completed in 2011 or thereabouts provided the current level of financial commitment by DCENR can be maintained into the future. The long-term Policy ENV 38 : Cemeteries environmental monitoring programme It is the policy of the Council to facilitate required to ensure the effectiveness and the provision of burial grounds at efficiency of the mine rehabilitation works appropriate locations throughout the will commence on completion of the County in consultation with local scheme. communities

The SRK Consulting Phase IV Report: 4.11.2 Crematoria Conceptual Plan for the management and rehabilitation of the Silvermines area is a Policy ENV 39: Crematoria mine rehabilitation plan within the It is the policy of the Council to consider meaning of Part 9 of the Energy the development of crematoria, where the (Miscellaneous) Provisions Act 2006. following criteria are met: a) buildings/works shall be in an Policy ENV 37: Silvermines appropriate location, and are designed and It is the policy of the Council to support screened such that they will not take from the Department of Communications, from the character and appearance of the Energy and Natural Resources in the area; completion of the Silvermines b) the activity will not take from from the Rehabilitation Plan and acting as agent to amenities of the residents living in the the Minister to assist as far as possible in area; and the execution of the works in accordance c) the activity will not result in the with the SRK Consulting Phase IV creation of a significant traffic hazard. Conceptual Design.” d) ensure that buildings in visually sensitive areas address the surroundings; Policy ENV 37a: Silvermines e) The development is in line with national It is the policy of the Council that all policy on access onto national primary and development undertaken in Silvermines secondary roads, shall be carried out taking into account the f) The development complies with advice and guidance provided in the “Final appropriate guidelines in place at the time. Report of Expert Group for Silvermines County Tipperary (EPA 2004)” 4.12 Control of Major Accident Hazards Directive (SEVESO II 4.11 Cemeteries and Crematoria Directive)

4.11.1 Cemeteries A SEVESO site establishment is an North Tipperary County Council has industrial company which has notified the responsibility to provide for burial National Authority For Occupational facilities as part of its role as a provider of Safety and Health as meeting a specified services. In some cases cemeteries are threshold for quantities of hazardous provided by local communities and are substances as outlined by European associated with Churches. Communities (Control of Major Accident

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Hazards involving Dangerous Substances) seek technical advice from the National Regulations 2000. Authority for Occupational Safety and Health in respect of the siting of new The E.U. Directive (96/82 EC) (known as SEVESO establishments or where the SEVESO II Directive) was adopted on developments are proposed in the vicinity the 3rd February 1999. It was introduced of an existing SEVESO establishment. into Irish law through statutory instrument; the EC (Control of Major Accident 4.13 Potentially Contaminated Land Hazards Involving Dangerous Substances) Regulations (S.I. No. 476 of 2000). Contaminated land is generally considered to be lands where there are substances The Directive aims to prevent major which could cause significant harm and accident hazards involving dangerous endanger health. Examples of land uses substances and chemicals and the that may have caused such contamination limitation of their consequences for man include gas works, landfill sites and scrap and the environment. The Council is yards. obliged to pursue the aims of the Directive through controls on the siting of new Development will be encouraged and establishments, modifications to existing facilitated where it can be demonstrated establishments and new developments. that the development of the potentially contaminated site will result in a Any relevant proposals for development recreational and social benefit to the local will be referred to the Health and Safety area/community provided that identified Authority whose technical advice is taken remediation measures for the lands are into account in the overall assessment of carried out. The Council will require that the development, in addition to normal a detailed investigation is carried out and planning criteria. appropriate measures are taken to ensure that the land is treated properly before There is one SEVESO establishment in development takes place. North Tipperary – Exsol Ltd, at Graigue Upper, Ballygibbon, Co Tipperary. It Policy ENV 41: Development of should be noted that there may be Contaminated Lands additional sites designated in the future. It is the policy of the council to require the There may also be sites in neighbouring applicant to engage an environmental counties that might impact on land in consultant to investigate and assess the North Tipperary. possibility and extent of contamination and to recommend remediation measures Article 12 of the Directive provides that for agreement with the Council in relation appropriate consultation procedures must to proposals for developments on land be put in place so as to ensure that, before which is or may be contaminated. decisions are taken, technical advice is available to Planning Authorities in 4.14 Air Quality respect of relevant establishments. The Health and Safety Authority (or the Air quality is generally good in North National Authority for Occupational Tipperary as due to its location in an area Health and Safety NAOSH) provides such with a relatively mild climate it has an advice where appropriate in respect of almost continuous movement of clean air. planning applications within a certain However it is evident that due to the distance of the perimeter of these sites. significant increase of vehicles on the public roads, the biggest threat now facing Policy ENV 40: Development of air quality is emissions from road traffic. SEVESO Establishments In order to reduce risk and limit The National Climate Change Strategy consequences of major industrial 2007-2012 emphasises that reducing accidents, it is the policy of the council to

North Tipperary County Development Plan 2010-2016 72 Environment greenhouse gas emissions will benefit air 4.15 Noise and Dust quality. Some progress has already been made to date through the ban under the Air Excessive noise and dust levels can have Pollution Act, 1987 (Marketing, Sale and an adverse impact on the county’s Distribution of Fuels) (Amendment) environment. The Council will seek to Regulations, 2000, in October 2001 on the minimise noise through the planning marketing, sale and distribution of process by ensuring that the design of bituminous coal. future developments incorporate measures to prevent or mitigate the transmission of The Council supports the Polluter Pays noise and vibration, where appropriate. Principle and will have regard to the Local Government (Planning and Development) Policy ENV 43: Noise and Dust General Policy Directive 1988 (or as may It is the policy of the Council to seek to be amended from time to time) and any minimise the noise and dust through the regulations (such as the Smokeless Fuel planning process by ensuring that the Regulations and Solvent Regulations) design of future developments issued by the Minister for the incorporates measures to prevent or Environment, Heritage and Local mitigate the transmission of dust, noise Government, relating to air quality and vibration where appropriate. standards nationally, including:

• Air Framework Directive of 1996 (Due for revision 2007) • Air Quality Standards Regulations 2002 • Ozone in Ambient Air Regulations, 2004

Policy ENV 42: Air Quality It is the policy of the Council to support public transport and non-motorised transport as a means of reducing locally generated air emissions and to encourage Specific Objective landscaping and tree planting as a means EV48 To implement the provisions of of purification and filtering of the air. National legislation and EU Directives on noise pollution in conjunction with other Specific Objectives agencies as appropriate. EV46 It is an objective of the Council to implement the provisions of national 4.16 Light Pollution policy and air pollution legislation in conjunction with other agencies as While adequate lighting is essential to a appropriate. safe and secure environment, light spillage from excessive or poorly designed lighting EV47 It is an objective of the Council to is increasingly recognised as a potential ensure that the developments which are nuisance to surrounding properties and a subject to the requirements of the Air threat to wildlife, and can reduce the Pollution Act 1987, the Air Pollution visibility of the night sky. Urban and rural (Licensing of Industrial Plant) Regulations locations can suffer equally from this 1988 or any subsequent regulations meet problem. Lighting columns and other appropriate emission standards and any fixtures can have a significant effect on the other relevant national and international appearance of buildings and the standards. environment.

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Where proposals for new lighting require planning consent, the Council will ensure that they are carefully and sensitively designed. Lighting fixtures should provide only the amount of light necessary for the task in hand and shield the light given out so as to avoid creating glare or emitting light above a horizontal plane.

Policy ENV 44: Light Pollution It is the policy of the Council to require that the design of external lighting minimises the incidence of light spillage or pollution into the surrounding environment.

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