APPROPRIATE ASSESSMENT NATURA IMPACT REPORT

IN SUPPORT OF PROPOSED AMENDMENT NO. 1 TO THE JOINT SPATIAL PLAN FOR THE GREATER GRAIGUECULLEN URBAN AREA 2012-2018 INCORPORATING THE CARLOW TOWN ENVIRONS LOCAL AREA PLAN 2012-2018

IN ACCORDANCE WITH THE REQUIREMENTS OF ARTICLE 6(3) OF THE EU HABITATS DIRECTIVE

for: Carlow County Council Road

by: CAAS Ltd. 2nd Floor, The Courtyard 25 Great Strand Street 1

APRIL 2015

Includes Ordnance Survey Ireland data reproduced under OSi Licence Number 2014/21/CCMA/CarlowCountyCouncil. Unauthorised Reproduction infringes Ordnance Survey Ireland and Government of Ireland Copyright. © Ordnance Survey Ireland Appropriate Assessment for Proposed Amendment No. 1 to the Carlow Town Environs Local Area Plan 2012-2018

Table of Contents

Section 1 Introduction ...... 1

1.1 Background ...... 1 1.2 Legislative Context ...... 1 1.3 Stages of Appropriate Assessment ...... 2

Section 2 Stage 1 Screening ...... 4

2.1 Description of Proposed Amendment No. 1 ...... 4 2.2 European Sites within 15 km of the Lands Referred to by Proposed Amendment No. 1 ...... 7 2.3 Assessment Criteria ...... 10 2.4 Other Plans and Projects ...... 11 2.5 Conclusion of Screening Stage ...... 13

Section 3 Stage 2 Appropriate Assessment ...... 14

3.1 Introduction ...... 14 3.2 Potential Significant Effects ...... 14 3.3 Conservation Objectives ...... 16

Section 4 Mitigation ...... 18

4.1 Introduction ...... 18 4.2 Measures to protect Habitats and Species ...... 18 4.3 Water Protection Measures ...... 23

Section 5 Conclusion ...... 26 List of Tables Table 2.1 General Characteristics of the Lands Referred to by Proposed Amendment No. 1 . 5 Table 2.2 European Sites within 15 km of the Lands Referred to by Proposed Amendment No. 1 ...... 9 Table 2.3 Screening of European Sites within 15 km of the Lands Referred to Proposed Amendment No. 1 ...... 11 Table 2.4 Plans & Programmes Likely to Cause In-Combination Effects ...... 11 Table 3.1 Potential Significant Effects Associated with Proposed Amendment No. 1 ...... 16

List of Figures Figure 2.1 Lands Referred to by Proposed Amendment No. 1 with Boundary of River Barrow and River Nore cSAC Indicated ...... 6 Figure 2.2 European sites within 15km of the Lands Referred to by Proposed Amendment No. 1 ...... 8

CAAS for Carlow County Council i Appropriate Assessment for Proposed Amendment No. 1 to the Carlow Town Environs Local Area Plan 2012-2018

Section 1 Introduction

1.1 Background

This document presents the Appropriate Assessment (AA) of Proposed Amendment No. 1 to the Joint Spatial Plan for the Greater Carlow Graiguecullen Urban Area 2012-2018 incorporating the Carlow Town Environs Local Area Plan 2012-2018 in accordance with the requirements of Article 6(3) of the EU Habitats Directive1. A Natura Impact Report has previously been prepared on the original contents of the Joint Spatial Plan for the Greater Carlow Graiguecullen Urban Area2. This report is divided into the following five sections: Section 1 Introduction Section 2 Stage 1 Screening Section 3 Stage 2 Appropriate Assessment Section 4 Mitigation Section 5 Conclusions

1.2 Legislative Context

The Council Directive 92/43/EEC on the Conservation of Natural Habitats and of Wild Fauna and Flora, better known as “The Habitats Directive”, provides legal protection for habitats and species of European importance. Articles 3 to 9 provide the legislative means to protect habitats and species of Community interest through the establishment and conservation of an EU-wide network of sites known as Natura 2000. In Ireland, these are candidate Special Areas of Conservation (cSACs) designated under the Habitats Directive and Special Protection Areas (SPAs) designated under the Conservation of Wild Birds Directive (79/409/ECC), hereafter referred to as European sites.

Articles 6(3) and 6(4) of the Habitats Directive set out the decision-making tests for plans and projects likely to affect Natura 2000 sites. Article 6(3) establishes the requirement for AA:

“Any plan or project not directly connected with or necessary to the management of the [Natura 2000] site but likely to have a significant effect thereon, either individually or in combination with other plans or projects, shall be subjected to appropriate assessment of its implications for the site in view of the site’s conservation objectives. In light of the conclusions of the assessment of the implications for the site and subject to the provisions of paragraph 4, the competent national authorities shall agree to the plan or project only after having ascertained that it will not adversely affect the integrity of the site concerned and, if appropriate, after having obtained the opinion of the general public

If, in spite of a negative assessment of the implications for the [Natura 2000] site and in the absence of alternative solutions, a plan or project must nevertheless be carried out for imperative reasons of overriding public interest, including those of a social or economic nature, Member States shall take all compensatory measures necessary to ensure that the overall coherence of Natura 2000 is protected. It shall inform the Commission of the compensatory measures adopted.

Where the site concerned hosts a priority natural habitat type and/or a priority species the only considerations which may be raised are those relating to human health or public safety, to beneficial

1 Directive 92/43/EEC 2 RPS (2012). Appropriate Assessment of the Joint Spatial Plan for the Greater Carlow Graiguecullen Urban Area 2012-2018. Report prepared for Carlow Local Authorities and Laois County Council.

CAAS for Carlow County Council 1 Appropriate Assessment for Proposed Amendment No. 1 to the Carlow Town Environs Local Area Plan 2012-2018 consequences of primary importance for the environment or, further to an opinion from the Commission, to other imperative reasons of overriding public interest.”

These requirements are implemented in the by the European Communities (Birds and Natural Habitats) Regulations 2011. These regulations consolidate the European Communities (Natural Habitats) Regulations 1997 to 2005 and the European Communities (Birds and Natural Habitats) (Control of Recreational Activities) Regulations 2010, as well as addressing transposition failures identified in judgements of the Court of Justice of the European Union (CJEU).

1.3 Stages of Appropriate Assessment

This Natura Impact Report has been prepared in accordance with the following guidance:

 Appropriate Assessment of Plans and Projects in Ireland. Guidance for Planning Authorities. Department of the Environment, Heritage and Local Government, 2010.

 Assessment of plans and projects significantly affecting Natura 2000 sites: Methodological guidance on the provisions of Article 6(3) and (4) of the Habitats Directive 92/43/EEC, European Commission Environment DG, 2002.

 Managing Natura 2000 sites: The Provisions of Article 6 of the Habitats Directive 92/43/EEC: European Commission, 2000.

AA comprises up to four successive stages: Stage One: Screening The process which identifies the likely impacts upon a European site of a project or plan, either alone or in combination with other projects or plans, and considers whether these impacts are likely to be significant. Stage Two: Appropriate Assessment The consideration of the impact on the integrity of the European site of the project or plan, either alone or in combination with other projects or plans, with respect to the site’s structure and function and its conservation objectives. Additionally, where there are adverse impacts, an assessment of the potential mitigation of those impacts. If adequate mitigation is proposed to ensure no significant adverse impacts on European sites, then the process may end at this stage. However, if the likelihood of significant impacts remains, then the process must proceed to Stage 3. Stage Three: Assessment of Alternative Solutions The process which examines alternative ways of achieving the objectives of the project or plan that avoid adverse impacts on the integrity of the European site. Stage Four: Assessment where no alternative solutions exist and where adverse impacts remain An assessment of compensatory measures where, in the light of an assessment of imperative reasons of overriding public interest (IROPI), it is deemed that the project or plan should proceed. The Habitats Directive promotes a hierarchy of avoidance, mitigation and compensatory measures. First, the plan should aim to avoid any impacts on European sites by identifying possible impacts early in the plan-making process and writing the plan in order to avoid such impacts. Second, mitigation measures should be applied, if necessary, during the AA process to the point where no adverse impacts on the site(s) remain. If the plan is still likely to result in impacts on European sites, and no further practicable mitigation is possible, then it must be rejected. If no alternative solutions are identified and the plan is required for imperative

CAAS for Carlow County Council 2 Appropriate Assessment for Proposed Amendment No. 1 to the Carlow Town Environs Local Area Plan 2012-2018

reasons of overriding public interest (IROPI test) under Article 6(4) of the Habitats Directive, then compensation measures are required for any remaining adverse effect. In the case of this Natura Impact Report, it was found that the Proposed Amendment only requires Stage 1 and Stage 2 assessment.

CAAS for Carlow County Council 3 Appropriate Assessment for Proposed Amendment No. 1 to the Carlow Town Environs Local Area Plan 2012-2018

Section 2 Stage 1 Screening

2.1 Description of Proposed Amendment No. 1

2.1.1 Joint Spatial Plan for the Greater Carlow Graiguecullen Urban Area

The Joint Spatial Plan is concerned with charting the future built, environmental, social and economic development of the Greater Carlow Graiguecullen Urban Area. It provides a detailed framework for the management and regulation of spatial development and use of land. Its goal is to retain the unique and special character of the Greater Urban Area, while also fostering positive change and good development. It is concerned with steering development so that it contributes positively to social, economic and environmental well-being, prioritising changes that are needed and identifying opportunities to enhance the Greater Carlow Graiguecullen Urban Area and available quality of life. The Joint Spatial Plan is a wide-ranging policy statement dealing with issues such as population and settlement patterns; economic and employment trends; retail, commercial and industrial developments; education, health care and community facilities; environmental management and heritage protection; infrastructure provision relating to transportation, energy and communications, waste water treatment and water supply. For the purposes of the Planning and Development Acts 2000-2011, this Joint Spatial Plan comprises a Carlow Town Development Plan and two Local Area Plans (LAPs); Graiguecullen LAP, and Carlow Town Environs LAP. The Proposed Amendment to the Joint Spatial Plan for the Greater Carlow Graiguecullen Urban Area under consideration in this AA relates to the re-zoning of lands within the Carlow Town Environs LAP as described in further detail in Section 2.1.2 below.

2.1.2 Description of Proposed Amendment to the Carlow Town Environs LAP

Proposed Amendment No. 1 to the Carlow Town Environs LAP comprises a proposal to change landuse zoning of four parcels of land within the Plan Area (townland of Mortarstown Upper) from ‘Amenity and Open Space’ to ‘Residential’ development. It is proposed that these parcels will be zoned as ‘Residential 1’ (area of 7.27 ha, labelled 1, 2, 3 and 4 in Figure 2.1). The lands in question occur adjacent to the River Barrow and River Nore cSAC (see Section 2.2) as described in Table 2.1. The following descriptions of the two relevant land use zoning categories have been taken from the main text of the Joint Spatial Plan for the Greater Carlow Graiguecullen Urban Area. ‘Amenity and Open Space’ zoning aims to preserve, provide for and improve active and passive recreational public and private open space. The areas included in this zoning objective cover both private and public open space and are dispersed throughout urban centres of every size. The Council will not normally permit development that would result in a loss of open space. ‘Residential 1’ zoning is intended primarily for established housing development but may include a range of other uses particularly those that have the potential to improve the residential amenity of residential communities such as schools, crèches, small shops, doctor’s surgeries, playing fields, etc. It is an objective on land zoned for residential 1 to protect the established residential amenity and enhance with associated open space, community uses and where an acceptable standard of amenity can be maintained, a limited range of other uses that support the overall residential function of the area. Within this zoning category the improved quality of existing residential areas will be the Council’s priority. In established residential areas in areas at risk of flooding as identified, where the replacement or the reconstruction of an existing dwelling is considered appropriate for wider planning reasons the planning authority should require that Development Management Justification Test is carried out in accordance with the “The Planning System and Flood Risk Guidelines” 2009; there will be no increase in the number of residential units or households. There will be no adverse impacts on the function of

CAAS for Carlow County Council 4 Appropriate Assessment for Proposed Amendment No. 1 to the Carlow Town Environs Local Area Plan 2012-2018

the floodplain, watercourse or conveyancing routes; Residential risk is addressed and reduced where possible, for example through relocation of buildings, and/or flood resilience/resistance measures applied to the site and buildings.

Table 2.1 General Characteristics of the Lands Referred to by Proposed Amendment No. 1

Land Parcel Number Existing Landuse Proposed Landuse Description and proximity to European Sites. (see Figure 2.1)

Land Parcel 1 Amenity and Open Residential 1 This land parcel occurs adjacent to the River Space Barrow and River Nore cSAC. Some un-developed lands including woodland and grassland occur within this area.

Land Parcel 2 Amenity and Open Residential 1 This land parcel occurs adjacent to the cSAC. Space Existing dwellings (including recent) and associated gardens occur throughout much of this area. Area also comprises a small are of mature trees.

Land Parcel 3 Amenity and Open Residential 1 This land parcel also occurs adjacent to the cSAC. Space Existing dwellings and associated gardens occur throughout much of this area.

Land Parcel 4 Amenity and Open Residential 1 This land parcel occurs within 15 m east of the Space cSAC. The lands are separated from the cSAC by the main N9 road. Existing dwellings and associated gardens occur throughout this area.

CAAS for Carlow County Council 5 Appropriate Assessment for Proposed Amendment No. 1 to the Carlow Town Environs Local Area Plan 2012-2018

Figure 2.1 Lands Referred to by Proposed Amendment No. 1 with Boundary of River Barrow and River Nore cSAC indicated For the purpose of description within this report each parcel has been labelled 1-4

CAAS for Carlow County Council 6 Appropriate Assessment for Proposed Amendment No. 1 to the Carlow Town Environs Local Area Plan 2012-2018

2.2 European sites within 15 km of the Lands Referred to by Proposed Amendment No. 1

2.2.1 cSACs and SPAs

This section of the screening process describes the European sites within 15km of the lands referred to by the Proposed Amendment No. 1. A distance of 15 km is currently recommended in the DoEHLG document Guidance for Planning Authorities3 and as a precautionary measure, to ensure that all potentially affected European sites are included in the screening process. A map indicating the locations of the sites in relation to the lands referred to by the Proposed Amendment is presented in Figure 2.2. Table 2.2 lists the European sites that occur within 15 km of the lands referred to by the Proposed Amendment. The qualifying features for each site have been obtained through a review of information pertaining to each site available from the NPWS website. Information regarding the main threats to European sites was derived from a variety of sources:  Ireland’s Article 17 Report to the European Commission “Status of EU Protected Habitats and Species in Ireland” (NPWS, 2008)  Site Synopses  NATURA 2000 Standard Data Forms Since the conservation management objectives for the European sites focus on maintaining the favourable conservation status of the qualifying interests of each site, the Screening process concentrated on assessing the potential implications of the Proposed Amendment against the qualifying interests of each site.

3 DoEHLG (2010). Appropriate Assessment of Plans and Projects in Ireland. Guidance for Planning Authorities.

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Figure 2.2 European sites within 15km of the Lands Proposed Amendment lands

CAAS for Carlow County Council 8 Appropriate Assessment for Proposed Amendment No. 1 to the Carlow Town Environs Local Area Plan 2012-2018

Table 2.2 European sites within 15 km of the Lands Referred to by Proposed Amendment No. 1

Site Site Name Qualifying Feature Threats to Site Integrity Code 002162 River Barrow and River Estuaries [1130] The principle threats to the River Nore cSAC Tidal Mudflats and Sandflats [1140] Barrow and River Nore cSAC are Salicornia mud [1310] pollution caused by increased Spartina swards [1320] fertiliser application, sewage and Atlantic Salt Meadows [1330] industrial waste. Species such as Mediterranean Salt Meadows [1410] Freshwater Pearl Mussel are highly Floating River Vegetation [3260] susceptible to siltation of water Dry heath [4030] course and proposed developments Hydrophilous tall herb [6430] in the vicinity of the cSAC may give Petrifying springs* [7220] rise to siltation and run-off of Old Oak Woodlands [91A0] pollutants. The river has also been Residual Alluvial Forests [91E0] designated for its population of Vertigo moulinsiana [1016] otter, a species vulnerable to the Freshwater pearl mussel (Margaritifera margaritifera) [1029] felling of mixed wood and scrub. White-clawed crayfish (Austropotamobius pallipes) [1092] Otters may become displaced due Sea lamprey (Petromyzon marinus) [1095] to disturbance during the Brook lamprey (Lampetra planeri) [1096] development of unmitigated River lamprey (Lampetra fluviatilis) [1099] residential areas in proximity to the Allis shad (Alosa alosa) [1102] cSAC. Twaite shad (Alosa fallax fallax) [1103] Salmon (Salmo salar) [1106] Killarney fern (Trichomanes speciosum) [1421] Pearl mussel (Margaritifera durrovensis) [1990] Otter (Lutra lutra) [1355] 000781 Slaney River Valley cSAC Estuaries [1130] Species and habitats for which the Mudflats and Sandflats [1140] Slaney River Valley cSAC is Floating River Vegetation [3260] designated for are susceptible to Old Oak Woodlands [91A0] run-off of pollutants associated Residual Alluvial Forests [91E0] with development and Freshwater pearl mussel (Margaritifera margaritifera) [1029] construction. Species such as Sea lamprey (Petromyzon marinus) [1095] Freshwater Pearl Mussel are highly Brook lamprey (Lampetra planeri) [1096] susceptible to siltation which may River lamprey (Lampetra fluviatilis) [1099] occur due to run-off from tree Allis shad (Alosa alosa) [1102] removal and development alike. Twaite shad (Alosa fallax fallax) [1103] This site occurs ca 12.5 km east of Salmon (Salmo salar) [1106] proposed development at Otter (Lutra lutra) [1355] Mortarstown Upper and it is deemed that potential impacts on this cSAC are negligible.

CAAS for Carlow County Council 9 Appropriate Assessment for Proposed Amendment No. 1 to the Carlow Town Environs Local Area Plan 2012-2018

2.3 Assessment Criteria

2.3.1 Is the Plan Necessary to the Management of European Sites?

Under the Habitats Directive, Plans that are directly connected with or necessary to the management of a European site do not require AA. For this exception to apply, management is required to be interpreted narrowly as nature conservation management in the sense of Article 6(1) of the Habitats Directive. This refers to specific measures to address the ecological requirements of annexed habitats and species (and their habitats) present on a site(s). The relationship should be shown to be direct and not a by-product of the plan, even if this might result in positive or beneficial effects for a site(s). The Carlow Town Environs LAP includes measures that will benefit the protection of European designated sites; however its primary purpose is not the nature conservation management of the sites, but to provide for development. Therefore, the Plan and any Proposed Amendments are not considered by the Habitats Directive to be directly connected with or necessary to the management of European designated sites.

2.3.2 Elements of the Proposed Amendment to the Carlow Town Environs LAP with Potential to Give Rise to Significant Effects

The changes in land use zoning from ‘Amenity and Open Space’ to ‘Residential’ at Mortarstown Upper provided for by the Proposed Amendment would facilitate the development of residential units and / or associated infrastructure within the lands in question, some of which occur adjacent to the River Barrow and River Nore cSAC. The activities that would be associated with development of these lands could give rise to significant effects on European sites as follows:  Construction works adjacent to the lands could give rise to habitat loss, disturbance to key species, and changes in key indicator values for conservation status;  Increases in human activity allowed for by the changes in landuse could give rise to disturbance effects to key species; and  Alteration of hydrological characteristics of the lands could impact on aquatic ecosystems of European sites downstream by alteration of quantity / quality of surface water run-off.

2.3.3 Direct, Indirect or Secondary Impacts

In determining the potential for significant effects, a number of factors have been taken into account. Firstly, the sensitivity of the European sites as outlined in Table 2.2. Secondly, the Proposed Amendment to the Carlow Town Environs LAP and the potential effect it may cause on the sites were considered. The outcome of this screening is presented in Table 2.3. In summary, it is concluded that there is potential for significant adverse impacts, if unmitigated, on the River Barrow and River Nore cSAC due to the proposed change in land use zoning at Mortarstown Upper. Impacts resulting from this change in land use could potentially lead to habitat loss, disturbance to key species, deterioration in water quality, and alteration of hydrological regime. No pathways for potential impacts exist between the lands at Mortarstown Upper and the Slaney River Valley cSAC, and therefore potential significant effects are ruled out and the site is excluded from further consideration in the AA.

CAAS for Carlow County Council 10 Appropriate Assessment for Proposed Amendment No. 1 to the Carlow Town Environs Local Area Plan 2012-2018

Table 2.3 Screening of European Sites within 15 km of the Proposed Amendment lands

Site Name Potential Impacts arising from the Proposed Amendment AA Required River Barrow and River Nore The lands at Mortarstown Upper subject to the proposed change in land-use Yes cSAC zoning occur adjacent to the cSAC. Due to the location of the lands in relation to the cSAC, it is concluded that significant effects are possible. The resultant change in land-use zoning could cause direct habitat loss within the cSAC and direct disturbance to key species (otter). Indirect impacts to qualifying features could result from changes in water quality or quantity within the cSAC due to development occurring within the lands in question. Slaney River Valley cSAC Impacts on the Slaney River Valley cSAC are not foreseen given the distance No from the proposed development and the absence of hydraulic or other connectivity to the lands at Mortarstown.

2.4 Other Plans and Projects

Article 6(3) of the Habitats Directive requires an assessment of a plan or project to consider other plans or programmes that might, in combination with the plan or project, have the potential to adversely impact upon European sites. Table 2.4 lists the plans or programmes that may interact with the Carlow Town Environs LAP to cause in-combination effects to European sites. The plans or programmes are listed according to a four tier spatial hierarchy: International; National; Regional; and Local.

Table 2.4 Plans & Programmes Likely to Cause In-Combination Effects

Directive Purpose Interactions resulting in Cumulative Impacts International EU Water Framework Objectives seek to maintain and enhance the No risk of likely significant in-combination effects will Directive quality of all surface waters in the EU. result as the primary purpose of the Directive is to (2000/60/EC) improve environmental quality. EU Freshwater Fish Objectives seek to protect those fresh water No risk of likely significant in-combination effects will Directive bodies identified by Member States as result as the primary purpose of the Directive is to (78/659/EEC) waters suitable for sustaining fish improve environmental quality. populations. For those waters it sets physical and chemical water quality objectives for salmonid waters and cyprinid waters. EU Groundwater This directive establishes a regime, which No risk of likely significant in-combination effects will Directive sets underground water quality standards result as the primary purpose of the Directive is to (2006/118/EC) and introduces measures to prevent or limit improve environmental quality. inputs of pollutants into groundwater. EU Floods Directive The Floods Directive applies to river basins Potential in-combination impacts may arise, if (2007/60/EC) and coastal areas at risk of flooding. With unmitigated, where there is a requirement to provide trends such as climate change and increased for new infrastructure such as flood walls or flood domestic and economic development in defences. Avoidance on, or near protected areas flood risk zones, this poses a threat of should be implemented or where this is not possible, flooding in coastal and river basin areas. favouring infrastructure that carries a lower risk of damage to protected areas should be emphasised in the plan. Nitrates Directive This Directive has the objective of reducing No risk of likely significant in-combination effects will (91/676/EEC) water pollution caused or induced by nitrates result as the primary purpose of the Directive is to from agricultural sources and preventing improve environmental quality. further pollution. The Urban The primary objective is to protect the No risk of likely significant in-combination effects will Wastewater environment from the adverse effects of result as the primary purpose of the Directive is to Treatment Directive discharges of urban wastewater, by the improve environmental quality. (91/271/EEC) provision of urban wastewater collecting systems (sewerage) and treatment plants for urban centres. The Directive also provides general rules for the sustainable disposal of sludge arising from wastewater treatment. Sewage Sludge Objective is to encourage the appropriate No risk of likely significant in-combination effects will Directive use of sewage sludge in agriculture and to result as the primary purpose of the Directive is to (86/278/EEC) regulate its use in such a way as to prevent improve environmental quality. harmful effects on soil, vegetation, animals and man. To this end, it prohibits the use of

CAAS for Carlow County Council 11 Appropriate Assessment for Proposed Amendment No. 1 to the Carlow Town Environs Local Area Plan 2012-2018

Directive Purpose Interactions resulting in Cumulative Impacts untreated sludge on agricultural land unless it is injected or incorporated into the soil. The Integrated Objective is to achieve a high level of No risk of likely significant in-combination effects will Pollution Prevention protection of the environment through result as the primary purpose of the Directive is to Control Directive measures to prevent or, where that is not improve environmental quality. (96/61/EC) practicable, to reduce emissions to air, water and land from industrial sources. National Infrastructure and Sets out the Government’s medium-term Potential in-combination impacts may arise, if Capital Investment infrastructure and capital investment unmitigated, where there is a requirement to provide 2012-16: strategy in the context of tightly constrained for new infrastructure under the Framework. Medium Term Exchequer resources Provision of infrastructure may result in: Exchequer Framework • Habitat loss • Alteration of hydrology • Deterioration in water quality • Disturbance during construction / operation National Spatial Objectives of the NSS are to achieve a better Potential in-combination impacts may arise, if Strategy 2002-2020 balance of social, economic and physical unmitigated, where there is a requirement to provide development across Ireland, supported by for new infrastructure. more effective planning. Provision of infrastructure may result in: • Habitat loss • Alteration of hydrology • Deterioration in water quality • Disturbance during construction / operation Regional Regional Planning Policy document which aims to direct the Potential in-combination impacts may arise, if Guidelines for the future growth of the South-east Area over unmitigated, where there is a requirement to provide South-East Region the medium to long term and works to for new infrastructure. 2010 – 2022. implement the strategic planning framework Provision of infrastructure may result in: set out in the National Spatial Strategy • Habitat loss (NSS) • Alteration of hydrology • Deterioration in water quality • Disturbance during construction / operation Local Wicklow County Overall strategies for the proper planning Development plans in existence throughout the Development Plan and sustainable development of the surrounding counties acting alone or in combination 2010-2016 administrative area of the relevant Local can have a cumulative impact on European Sites Laois County Authorities. located within County Carlow. In relation to the River Development Plan Barrow and River Nore cSAC, potential for in- 2012-2018 combination impacts exists due to the site extending Carlow County into the surrounding counties of Laois (upstream), Development Plan (downstream), and Kildare (upstream). 2009-2015 Carlow Town Provision of infrastructure may result in: Development Plan • Habitat loss 2012 – 2020 • Alteration of hydrology Kilkenny County • Deterioration in water quality Development Plan • Disturbance during construction / operation 2014-2020 Kildare County Development Plan 2011-2017

CAAS for Carlow County Council 12 Appropriate Assessment for Proposed Amendment No. 1 to the Carlow Town Environs Local Area Plan 2012-2018

2.5 Conclusion of Screening Stage

The likely impacts that could arise from Proposed Amendment No. 1 to the Carlow Town Environs LAP have been examined in the context of a number of factors that could potentially affect the integrity of the Natura 2000 network. On the basis of the findings of this Screening for AA, it is concluded that the Proposed Amendment: (i) is not directly connected with or necessary to the management of a European site; and (ii) may have significant impacts on the Natura 2000 network. Therefore, applying the precautionary principle and in accordance with Article 6(3) of the Habitats Directive, a Stage 2 AA is required. That stage is set out in Section 3 of this report.

CAAS for Carlow County Council 13 Appropriate Assessment for Proposed Amendment No. 1 to the Carlow Town Environs Local Area Plan 2012-2018

Section 3 Stage 2 Appropriate Assessment

3.1 Introduction

The main objective of this stage (Stage 2) in the AA is to determine whether the Plan would result in significant adverse impacts to the integrity of any European site with respect to the site’s structure, function and/or conservation objectives. The Stage 1 Screening presented above has identified one site, the River Barrow and River Nore cSAC, with potential to be affected by Proposed Amendment No. 1 to the Carlow Town Environs LAP. Therefore, a Stage 2 AA is required. The potential adverse effects considered at this stage will either be effects occurring as a result of the application of the amendments to the Plan alone or in- combination with other plans, programmes and/or projects. The qualifying features and the main threats to the site are listed in Table 2.2 above. Detailed site information relevant to the site that has been reviewed to inform the AA includes the following information available from the National Parks and Wildlife Service:  NPWS Site Synopsis  Natura 2000 Standard Data Form  Detailed Conservation Objectives4 and associated supporting documents The River Barrow and River Nore cSAC which may be adversely affected through the implementation of the Proposed Amendment consists mostly of the freshwater stretches of the Barrow / Nore River catchments. The River Barrow flows southwards just west of the lands which are the subject of the Proposed Amendment. The designated area includes lands either side of the main river channel including some of the lands which are the subject of the Proposed Amendment as shown in Figure 2.1. The cSAC is designated for a wide range of both terrestrial and aquatic species and habitats as listed in Table 2.2. Those listed habitats and species most likely to occur in proximity to the Plan Area include; Floating River Vegetation, White Clawed Crayfish (Austropotamobius pallipes), Salmon (Salmo salar), Otter (Lutra lutra), and River Lamprey (Lampetra fluviatilis).

3.2 Potential Significant Effects

As outlined in the European Commission Environment DG document “Assessment of plans and projects significantly affecting Natura 2000 sites: Methodological guidance on the provisions of Article 6(3) and (4) of the Habitats Directive 92/43/EEC”, impacts that could potentially occur through the implementation of the Proposed Amendment can be categorised under a number of headings:  Loss / reduction of habitat area (e.g. due to the development of new projects)  Disturbance to Key Species (e.g. increased public access to protected sites, or during the construction phase of infrastructure projects)  Habitat or species fragmentation  Reduction in species density  Changes in key indicators of conservation value such as decrease in water quality / quantity (e.g. through inadequate wastewater treatment, run-off of pollutants during construction and operation of developments)

The Proposed Amendment concerns the change in land use zoning within four parcels of land from ‘Amenity and Open Space’ to ‘Residential’ as shown in Figure 2.1. By facilitating future development

4 NPWS (2011) Conservation Objectives: River Barrow and River Nore SAC 002162. Version 1.0. National Parks and Wildlife Service, Department of Arts, Heritage and the Gaeltacht.

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within these lands there is potential for the following significant effects on the cSAC. A summary of the potential significant effects on the cSAC associated with changes in land use within the four individual land parcels is presented in Table 3.1 below.

3.2.1 Reduction of Habitat Area

Direct habitat loss is caused where there is complete removal of a habitat type. Habitat loss can also occur through the reduction of habitat quality and a loss of important habitat functions. It can arise from the introduction of invasive species, toxic contamination or physical alteration. Indirectly, it can be caused by hydrological disturbance of groundwater dependant habitats. In relation to the Proposed Amendment, it is unlikely that direct habitat loss will occur as the subject lands lie outside of the designated cSAC. Indirect habitat loss may occur through the possible introduction of invasive species from adjacent residential development.

3.2.2 Fragmentation

Habitat and species fragmentation can occur through the breaking up of or loss of habitats resulting in interference with existing ecological units. Fragmentation can also result from impediments to the natural movements of species. This is relevant where important corridors for movement or migration are likely to be disrupted such as along river corridors when construction introduces a barrier to the free movement of species from one area of habitat to another. The removal of mature treelines and hedgerows in Mortarstown Upper would result in fragmentation as treelines and hedgerows provide ecological connectivity between areas of semi-natural habitats. The establishment of residential development at Mortarstown Upper could result in fragmentation due to the loss of habitat continuous with that present within the River Barrow and River Nore cSAC.

3.2.3 Disturbance to Key Species

Disturbance to species supported by a European site is likely to increase where there is an increase in activity levels from recreation and amenity or from developments within or adjacent to sensitive designated areas. Sources of disturbance include noise, vibration, light, construction and operation activities or other sources of disturbance arising from recreation and amenity or from the inappropriate timing of works. In relation to the Proposed Amendment, such disturbance impacts may occur within the River Barrow and River Nore cSAC. Development of lands in the Mortarstown Upper area could result in disturbance impacts on qualifying species of the River Barrow and River Nore cSAC (Otter). Otter have been recorded from the area in the past as reported by Goodwillie and Associates (2008)5.

3.2.4 Changes in Key Indicators of Conservation Value

The key indicators of conservation value for the River Barrow and River Nore cSAC are water quality and quantity. Impacts on the cSAC may occur where the development occurs adjacent to or within the land zoned for cSAC designation. Implementation of the Proposed Amendment may result in alterations to the hydrological regime or physical environment of the site through drainage, and discharges to watercourses. Surface water from the lands subject to the proposed Amendment is likely discharge towards the main channel of the River Barrow. Construction related activity associated with the development of residential areas could potentially impact on downstream water quality due to possible mobilization of sediment in surface water run-off or from accidental spillages of harmful substances. Such development could alter the hydrological functioning of the lands and thereby having a knock on effect on the flow regime of the river.

5Goodwillie & Associates (2008). Erindale Housing Development Carlow: Effects on cSAC – Appropriate Assessment.

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Table 3.1 Potential Significant Effects Associated with Proposed Amendment No. 1

Land Parcel Existing Land- Proposed Potential significant effects Number (see use Land-use Figure 2.1)

Land Parcel 1 Amenity and Residential 1 New residential development in the area, if unmitigated, has Open Space the potential to cause one or more of the following effects:  Reduction in habitat area  Increased disturbance to key species;  Habitat fragmentation;  Hydrological impacts to habitats within the cSAC;  Potential deterioration in water quality within the cSAC.

Land Parcel 2 Amenity and Residential 1 New residential development in the area has the potential to Open Space cause one or more of the following effects:  Reduction in habitat area  Increased disturbance to key species;  Habitat fragmentation;  Hydrological impacts to habitats within the cSAC;  Potential deterioration in water quality within the cSAC.

Land Parcel 3 Amenity and Residential 1 New residential development in the area, if unmitigated, has Open Space the potential to cause one or more of the following effects:  Reduction in habitat area  Increased disturbance to key species;  Habitat fragmentation;  Hydrological impacts to habitats within the cSAC;  Potential deterioration in water quality within the cSAC.

Land Parcel 4 Amenity and Residential 1 This area of land already comprises residential development Open Space and is not directly linked to the cSAC, further residential development in this land parcel may result in:  Increased disturbance to key species;  Hydrological impacts to habitats within the cSAC.

3.3 Conservation Objectives

The Habitats Directive requires the focus of the assessment at this stage to be on the integrity of the site as indicated by its Conservation Objectives. It is an aim of NPWS to draw up conservation management plans for all areas designated for nature conservation. These plans will, among other things, set clear objectives for the conservation of the features of interest within a site. In the case of the River Barrow and River Nore cSAC, while a conservation management plan has not yet been prepared, detailed conservation objectives have been published (NPWS 2011) 6. These site‐specific conservation objectives aim to define favourable conservation condition for the qualifying habitats and species at that site. The maintenance of the favourable condition for these habitats and species at the site level will contribute to the overall maintenance of favourable conservation status of those habitats and species at a national level. Favourable conservation status of a species can be described as being achieved when: ‘population data on the species concerned indicate that it is maintaining itself, and the natural

6 NPWS (2011) Conservation Objectives: River Barrow and River Nore cSAC 002162. Version 1.0. National Parks and Wildlife Service, Department of Arts, Heritage and the Gaeltacht.

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range of the species is neither being reduced or likely to be reduced for the foreseeable future, and there is, and will probably continue to be, a sufficiently large habitat to maintain its populations on a long-term basis.’ 7 Favourable conservation status of a habitat can be described as being achieved when: ‘its natural range, and area it covers within that range, is stable or increasing, and the ecological factors that are necessary for its long-term maintenance exist and are likely to continue to exist for the foreseeable future, and the conservation status of its typical species is favourable’. 8 The conservation objectives of each qualifying habitat and species for the River Barrow and River Nore cSAC are presented as a selection of attributes against which targets are set (NPWS 2011). All of these attributes in relation to each relevant feature have been considered in relation to the potential impacts associated with the Proposed Amendment outlined in Section 3.2 above.

7 Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora. 8 Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora.

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Section 4 Mitigation

4.1 Introduction

Where it cannot be demonstrated that there will be no adverse effects from the implementation of the Plan, mitigation measures have been devised. The measures that have been incorporated are compatible with those proposed by the SEA Environmental Report and with other relevant plans and programmes e.g. Programme of Measures proposed by the River Basin Management Plan and SEA. Mitigation measures are measures envisaged to prevent, reduce and, as fully as possible, offset any significant adverse impacts on the environment of implementing the Proposed Amendment. As outlined in Section 3.2 of this assessment a number of potential, if unmitigated, significant effects have been identified which could cause adverse impacts on the River Barrow and River Nore cSAC. Measures are included in the policies and objectives of the existing Plan that will ensure these impacts are mitigated, thereby safeguarding the conservation interest of European sites.

4.2 Measures to protect Habitats and Species

As outlined in Section 3 of this assessment above a number of significant effects that could impact on habitats and species have been identified. Objectives and development standards contained within the Joint Plan that will act to protect the Natura 2000 network include the following:

PART 2: CORE STRATEGY Joint Cross Cutting Core Objectives CO3 Infrastructure Enabling Economic Development Harness the economic development potential associated with infrastructure including IT Carlow, Carlow College, Teagasc Agricultural Research Centre, the VISUAL and George Bernard Shaw Theatre, broadband fibre network, other utilities, the railway network connecting , Carlow and Dublin, the N80, the M9 and road improvements within the Greater Urban Area. Dependent upon clear demonstration that there will be no impact on the integrity of a Natura 2000 site in accordance with Article 6 of the Habitats Directive or significant adverse effects on other environmental receptors.

CO9 Green Infrastructure Provide for the long-term protection and improvement of the quality of the natural environment and provide ecological and recreational linkages in order to enhance biodiversity, the conservation status of special habitats; air, water and soil quality as well as the amenity value of these areas important to people residing in built-up urban areas.

CO10 Turning towards the River Make the best use of the river side location of the Greater Carlow Graiguecullen Urban Area by improving the relationship between the built environment and watercourses in urban design terms, developing town centre sites adjacent to watercourses subject to flood risk assessment and appropriate assessment. In particular, enhance the amenity value of the Barrow Track and provide amenity space along the Burrin watercourse. Dependent upon clear demonstration that there will be no impact on the integrity of a Natura 2000 site in accordance with Article 6 of the Habitats Directive or significant adverse effects on other environmental receptors.

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Part 3: Thematic Strategy Retail Strategy ECN P13 Provide for the development of an appropriate quantum and type of retail uses at district centres and neighbourhood centres in accordance with the Joint Retail Hierarchy and Retail Strategy and Retail Planning Guidelines 2005 or as amended; Dependent upon clear demonstration that there will be no impact on the integrity of a Natura 2000 site in accordance with Article 6 of the Habitats Directive or significant adverse effects on other environmental receptors.

Section 2: Transport Movement and Access National and Regional Transport Infrastructure Strategic Transport Policies

TRANS P03 Encourage the improvement of the N80, in particular in line with the recommendations of the National Secondary Roads Needs Study (NRA 2010), having regard to its function as a key inter and intra-regional route. Dependent upon clear demonstration that there will be no impact on the integrity of a Natura 2000 site in accordance with Article 6 of the Habitats Directive or significant adverse effects on other environmental receptors, as well as cumulative or in-combination effects.

TRANS P06 Advance the completion of the Northern Relief Road including the provision of a new vehicular bridge over the River Barrow, to the east of the Greater Carlow Graiguecullen Urban Area, in order to enhance connectivity between the Midlands and South-East Regions and within the Greater Carlow Graiguecullen Urban Area. Dependent upon clear demonstration that there will be no impact on the integrity of a Natura 2000 site in accordance with Article 6 of the Habitats Directive or significant adverse effects on other environmental receptors, as well as cumulative or in-combination effects.

TRANS P07 Support the completion of the Inner Relief Road to the south of the River Burrin and the linking of the Inner Relief Road with the N80 to the east and the Southern Relief Road to the west. Dependent upon clear demonstration that there will be no impact on the integrity of a Natura 2000 site in accordance with Article 6 of the Habitats Directive or significant adverse effects on other environmental receptors, as well as cumulative or in-combination effects.

TRANS P23 Encourage and facilitate investment in the local road network including the improvement of local roads that are deficient in terms of alignment, structural condition or capacity, as resources allow. Dependent upon clear demonstration that there will be no impact on the integrity of a Natura 2000 site in accordance with Article 6 of the Habitats Directive or significant adverse effects on other environmental receptors, as well as cumulative or in-combination effects.

TRANS P27 Seek the provision of additional pedestrian and cycling linkages within the town centre and the Greater Urban Area generally to make the area more permeable and make these modes of transport faster than the private car, additional proposed linkages include: 1. Railway Street to Green Lane 2. Railway Street to College Street 3. College Street to Tullow Street 4. Athy Road to Riverside 5. Hanover/Inner Relief Road to Blackbog Road The proposed linkage between Hanover/Inner Relief Road to Blackbog Road will be designed to protect the residential amenity and security of adjoining residents. This policy is dependent upon clear demonstration that there will be no impact on the integrity of a Natura 2000 site in accordance with Article 6 of the Habitats Directive or significant adverse effects on other environmental receptors.

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TRANS P40 Provide for the undergrounding of car parking in association with new residential and mixed-use development within the town centre, where feasible. Dependent upon clear demonstration that there will be no impact on the integrity of a Natura 2000 site in accordance with Article 6 of the Habitats Directive or significant adverse effects on other environmental receptors.

Section 3: Physical Infrastructure

PI O01 Ensure Carlow Town Council, Laois County Council and Carlow County Council work together to provide good quality physical infrastructure for the Greater Carlow Graiguecullen Urban Area. Dependent upon clear demonstration that there will be no impact on the integrity of a Natura 2000 site in accordance with Article 6 of the Habitats Directive or significant adverse effects on other environmental receptors.

PI P10 Assess all applications in the context of available infrastructural facilities and limit those proposals that would put undue pressure on available resources. Dependent upon clear demonstration that there will be no impact on the integrity of a Natura 2000 site in accordance with Article 6 of the Habitats Directive or significant adverse effects on other environmental receptors.

Section 4: Environmental Management - Flood Risk

ENV P17 Protect the Greater Urban Area from flooding by completion of the Carlow Flood Relief Scheme including measures such as the construction of flood protection walls and embankments, improvements to foul and surface drainage systems and water conservation measures. Dependent upon clear demonstration that there will be no impact on the integrity of a Natura 2000 site in accordance with Article 6 of the Habitats Directive or significant adverse effects on other environmental receptors.

ENV P18 Adopt a precautionary and preferential strategy to the management of flood risk by way of avoiding areas at risk of flooding, substituting less vulnerable land uses or subject to a justification test, managing and mitigating flood risk in accordance with the Planning System and Flood Risk Management Guidelines 2009. Dependent upon clear demonstration that there will be no impact on the integrity of a Natura 2000 site in accordance with Article 6 of the Habitats Directive or significant adverse effects on other environmental receptors.

Section 5: Education and Skills E&S O01 Improve access to education and educational attainment for all. Dependent upon clear demonstration that there will be no impact on the integrity of a Natura 2000 site in accordance with Article 6 of the Habitats Directive or significant adverse effects on other environmental receptors.

Section 6: Recreation, Amenity And Open Space REC O01 Work towards the development of a network of linked open spaces across the Greater Urban Area insofar as practicable, which are universally accessible, with cycling and pedestrian facilities and subject to Appropriate Assessment.

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Section 9: Built and Natural Heritage HER O05 Protect and foster terrestrial and aquatic biodiversity and protect against invasive species.

HER P01 Ensure all planning applications are screened to determine whether a full Appropriate Assessment is necessary in accordance with Appropriate Assessment of Plans and Projects in Ireland Guidance for Planning Authorities (2010) and ensure the application of the Environmental Impact Assessment Directive.

HER P02 Ensure full Appropriate Assessments carried out on behalf of developers are undertaken by competent and qualified professionals in accordance with Appropriate Assessment of Plans and Projects in Ireland Guidance for Planning Authorities (2010)

HER P03 Restrict development that would be likely either individually or in combination with other plans or projects, to give rise to significant adverse effects on Natura 2000 sites having regard to their conservation objectives.

HER P05 Consult with the National Parks and Wildlife Service and the Inland Fisheries Ireland as relevant when considering applications that may have an adverse effect on the special interest of designated sites or the biodiversity of non-designated sites.

HER P06 Maintain and enhance the quality of the natural environment in its entirety, and in particular woodland areas, hedgerows, tree-lined areas and riparian areas.

HER P07 Undertake habitat mapping of the Greater Carlow Graiguecullen Urban Area, prepare a Local Biodiversity Plan for the Area, including the consideration and designation of ecological networks and buffer zones as per HER O06, HER P09 and HER P10; undertake tree surveys and designate local sites of geological importance in consultation with the Geological Survey of Ireland as financial and human resources allow.

HER P08 Ensure that landscaping schemes relating to business parks, residential development and other types of development foster biodiversity, as well as landscaping works in existing public open spaces.

HER P09 Foster the provision and protection of a network of ecological stepping stones and linkages and where practicable integrate this network with public open space provision in the interests of biodiversity and public amenity.

HER P10 Seek to provide an ecological linkage as well as an amenity linkage between Oak Park Forest Park and the Barrow Track in order to facilitate movement and migration of wildlife as well as providing a public amenity.

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HER P12 Work with other agencies to address the issues of terrestrial and aquatic invasive species in the Greater Carlow Graiguecullen Urban Area as these species pose deleterious threats to native vegetation, wildlife and eco-systems.

HER P13 Support the provisions of the Wildlife (Amendment) Act of 2000 which prohibits the cutting of hedges within the bird nesting season (March 1 until September 1).

DBF/P02 Deliver new development and public realm improvement works that are consistent with the above streetscape principles. Dependent upon clear demonstration that there will be no impact on the integrity of a Natura 2000 site in accordance with Article 6 of the Habitats Directive or significant adverse effects on other environmental receptors.

Part 4: Sub-Area Spatial Strategy Section 1: Carlow Town CT P1 Focus development on Carlow Town Centre and the wider Carlow Town functional area to make efficient use of existing infrastructure and services and provide for sustainable land use patterns. Dependent upon clear demonstration that there will be no impact on the integrity of a Natura 2000 site in accordance with Article 6 of the Habitats Directive or significant adverse effects on other environmental receptors.

CT P24 Ensure proposals make the most of the urban design opportunities presented by the riverside and town centre location of the River Quarter. Dependent upon clear demonstration that there will be no impact on the integrity of a Natura 2000 site in accordance with Article 6 of the Habitats Directive or significant adverse effects on other environmental receptors.

CTP 25 Promote the active use of the Barrow Track walkway and the provision of additional riverside walks and related signage, in particular a linear river walk and cycle path along the eastern/northern bank of the River Burrin, dependent upon clear demonstration that there will be no impact on the integrity of a Natura 2000 site in accordance with Article 6 of the Habitats Directive or significant adverse effects on other environmental receptors.

CTP 29 Ensure flood risk is prevented, managed and mitigated against in any development proposals relating to riverside sites, dependent upon clear demonstration that there will be no impact on the integrity of a Natura 2000 site in accordance with Article 6 of the Habitats Directive or significant adverse effects on other environmental receptors.

CTP 29C Improve the relationship between Graiguecullen Village and the River Barrow through building and streetscape design and the encouragement of uses associated with the River. Dependent upon clear demonstration that there will be no impact on the integrity of a Natura 2000 site in accordance with Article 6 of the Habitats Directive or significant adverse effects on other environmental receptors.

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Section 2: Graiguecullen, County Laois - Graiguecullen Development Strategy

GL O1 Advance the completion of the Northern Relief Road between the Castlecomer Road and the Crossneen area and the construction of an associated multi-modal bridge between Graiguecullen and Carlow in association with Carlow County Council and in accordance with the Midlands and South-East Regional Planning Guidelines, subject to Appropriate Assessment.

Section 3: Carlow Town Environs - Transport

CTE P1 Liaise with the , Laois County Council and other relevant agencies in order to progress the development of the Southern Relief Road and multi-modal bridge, dependent upon clear demonstration that there will be no impact on the integrity of a Natura 2000 site in accordance with Article 6 of the Habitats Directive.

CTE P2 Advance the extension of the Eastern Relief Road in the medium term, dependent on clear demonstration that there will be no impact on the integrity of the Natura 2000 site in accordance with Article 6 of the Habitats Directive or significant adverse effects on other environmental receptors.

CTE P2(A) Examine the feasibility of providing a vehicular relief road between the Athy Road and the Road, in consultation with Kildare County County, as necessary and subject to the requirements of the Habitats and EIA Directive.

CTE 01 Advance the development of the Southern Relief Road and the construction of an associated multi- modal bridge across the River Barrow between Carlow and Graiguecullen in association with Carlow County Council and in accordance with the Midlands and South-East Regional Planning Guidelines; dependent upon clear demonstration that there will be no impact on the integrity of a Natura 2000 site in accordance with Article 6 of the Habitats Directive or significant adverse effects on other environmental receptors.

4.3 Water Protection Measures

Section 3.2 of this assessment identified that impacts on water quality within European sites have potential to arise through works in proximity to the River Barrow and River Nore cSAC. The following policies and objectives within the Joint Plan relating to the protection of surface and ground water resources within the town and its environs will act to protect the Natura 2000 network: Part 3 Thematic Strategy Section 3: Physical Infrastructure

PI O02 Provide an adequate, sustainable and economic supply of potable water and waste water treatment capacity for domestic, commercial and industrial use, having regard to its status as a County Town and Service Town within the regional settlement hierarchy. Dependent upon clear demonstration that there will be no impact on the integrity of a Natura 2000 site in accordance with Article 6 of the Habitats Directive or significant adverse effects on other environmental receptors.

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PI P13 Ensure that arrangements for the treatment and disposal of effluent from all forms of development are sustainable and meet environmentally acceptable standards. Dependent upon clear demonstration that there will be no impact on the integrity of a Natura 2000 site in accordance with Article 6 of the Habitats Directive or significant adverse effects on other environmental receptors.

PI P15 Assess proposals to develop in close proximity to sewerage treatment plants and pumping stations having regard to:  The nature of the effluent being treated;  Prevailing wind direction;  Noise;  Type of treatment process employed;  Sludge treatment;  Visibility and screening of treatment plant Dependent upon clear demonstration that there will be no impact on the integrity of a Natura 2000 site in accordance with Article 6 of the Habitats Directive or significant adverse effects on other environmental receptors.

PI P18 Focus development in areas that are already served by the storm sewerage system in the interests of efficiency and sustainable development, where development proposals are acceptable in principle the cost of extending the storm sewer network will be borne by the developer; soakaways will generally not be accepted within the Greater Carlow Graiguecullen Urban Area. Dependent upon clear demonstration that there will be no impact on the integrity of a Natura 2000 site in accordance with Article 6 of the Habitats Directive or significant adverse effects on other environmental receptors.

Section 4: Environmental Management - Water Quality

ENV P04 Implement the provisions of the South-East River Basin District Management Plan 2009-2015.

ENV P05 Ensure that the functioning of Greater Carlow Graiguecullen Urban Area does not cumulatively adversely effect water quality and seek to improve the water quality of the Barrow and Burrin watercourses in liaison with adjoining local authorities and in consultation with other competent authorities with responsibility for environmental management.

ENV P08 Protect groundwater quality by way of aquifer protection zones, as necessary.

ENV P09 Ensure that developments that may adversely affect water quality do not proceed unless and until mitigatory measures are in place, such as settlement ponds or oil interceptors.

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ENV P16 Undertake consultation with the Inland Fisheries Ireland, the EPA, the National Parks and Wildlife Service or other agencies, as necessary when considering proposals with potential to adversely effect water quality.

Section 9: Built and Natural Heritage - Biodiversity and Non-Designated Sites

HER P11 Protect bank-side vegetation along the Barrow and Burrin watercourses and ensure the protection of a riparian buffer zone measuring at least ten metres along the watercourses on greenfield sites in the interests of biodiversity as well as public amenity.

Part 4: Sub-Area Spatial Strategy Section 1: Carlow Town - River Quarter

CTP23 Enliven and enhance the River Quarter, creating a focus for the River Quarter and a strong sense of place. Dependent upon clear demonstration that there will be no impact on the integrity of a Natura 2000 site in accordance with Article 6 of the Habitats Directive or significant adverse effects on other environmental receptors.

CTP 26 Facilitate the development of water-dependent tourism uses along the River Barrow, subject to appropriate assessment CTP 27 Seek the provision of a new pedestrian linkage over the River Burrin between the riverfront to Carlow Castle and the Pembroke Road Opportunity Site (OP 6), dependent upon clear demonstration that there will be no impact on the integrity of a Natura 2000 site in accordance with Article 6 of the Habitats Directive or significant adverse effects on other environmental receptors.

CTP 28 Encourage the enhancement of riverside sites along the Rivers Barrow and Burrin without comprising the conservation objectives of the candidate Natura 2000 site, dependent upon clear demonstration that there will be no impact on the integrity of a Natura 2000 site in accordance with Article 6 of the Habitats Directive or significant adverse effects on other environmental receptors.

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Section 5 Conclusion

Stage 1 Screening and Stage 2 AA of Proposed Amendment No. 1 to the Carlow Town Environs LAP 2012 – 2018 have been carried out. The Proposed Amendment has the potential to result in impacts to the integrity of the Natura 2000 network, if unmitigated. The risks to safeguarding the integrity of the qualifying interests and conservation objectives of the Natura 2000 network are addressed by the inclusion of mitigation measures within the policies and objectives of the Joint Plan that will prioritise the avoidance of impacts. In addition, all lower level plans and projects arising through the implementation of the Proposed Amendment to the Plan will themselves be subject to AA when further details of design and location are known. In conclusion, having regard to the above mitigation measures, it is considered that the Proposed Amendment to the Carlow Town Environs Local Area Plan 2012-2018 as part of the Joint Spatial Plan for the Greater Carlow Graiguecullen Urban Area 2012 – 2018 will not affect the integrity of the Natura 2000 network.

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