Chapter 4 Environment
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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’. North Tipperary County Development Plan 2010-2016 39 Environment 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 North Tipperary County Development Plan 2010-2016 40 Environment 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 North Tipperary County Development Plan 2010-2016 41 Environment 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)