Chapter 10: Natural and Built Heritage

Section 10.2 Natural Heritage

(Amendment No. 66) Insert additional text in green to policy NH P2, Section 10.2 ‘General Natural Heritage - Policies’  (page 234) as follows:-

NH P2: Ensure as far as is practicable that development does not adversely impact on wildlife habitats and species and that biodiversity is conserved for the benefit of future generations in the interests of sustainability. This will include moving towards no net loss of biodiversity from plans adopted by and projects granted permission/authorised by the Council.

 

(Amendment No. 67) Insert additional text in green to objective NH O1, Section 10.2 ‘General Natural Heritage - Objectives’  (page 235) as follows:-

NH O1: Implement relevant actions from the National Biodiversity Action Plan 2017-2021 (and any superseding plan) and to prepare a County Heritage Plan and Biodiversity Action Plan during the lifetime of this County Development Plan in accordance with RPO 126 in the RSES, to ensure the protection and appreciation of heritage and nature at local level including recognition of rich biodiversity of designation of existing special areas of conservation i.e. Blackstairs Mountains, Slaney River Valley and River Barrow and River Nore SAC.

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Section 10.3  Natura 2000 Sites

(Amendment No. 68) Amend Policy NS. P2 , Section 10.3 ‘Natura 2000 Sites - Policies’’  (page 236):- deleted text in red new text in green as follows:-

NS P2: Screening for Appropriate Assessment and if required Appropriate Assessment is undertaken for all plans to be adopted and projects to be granted permission/authorised by the Council.  Where likely significant effects have been identified in respect of any plan or project not directly connected with or necessary to the management of a Natura 2000 site, either individually or in combination with other plans or projects, ensure appropriate assessment, in accordance with Article 6(3) and 6(4) of the Habitats Directive. is carried out in respect of any plan or project not directly connected with or necessary to the management of a Natura 200 site in order to determine that there will not be adverse impacts on a Natura 2000 site, either individually or in combination with other plans or projects which may give rise to significant, cumulative, direct, indirect or secondary impacts on Natura 2000 sites will not be permitted unless for reasons of overriding public interest  . The Council shall only agree to the plan or project after having ascertained that it will not adversely affect the integrity of the site concerned, unless the plan or project is subject to the provisions of Article 6(4) of the Habitats Directive.’

 

(Amendment No. 69) Amend Policy NS. P3 , Section 10.3 ‘Natura 2000 Sites - Policies’’  (page 236):- deleted text in red, new text in green as follows:-

NS P3: Prevent development that would adversely affect the integrity of any Natura 2000 site located within or immediately adjacent to the county and protect and maintain favourable conservation status for habitats and protected species, including those listed under the Birds Directive, the Wildlife Act 1976 (as amended), Flora (Protection) Order (or other such Orders), and the Habitats Directive. Consider impacts within a plan or project’s zone of influence, which may include Natura 2000 sites outside the County, when assessing whether a plan or project is likely to have significant effects on  Natura 2000 sites’.

 

(Amendment No. 70) Insert additional new policy NS. P4: Section 10.3 ‘Natura 2000 Sites - Policies’’  (page 237) as follows:

NS P4: Maintain or restore the favourable conservation status of County’s Natura 2000 sites qualifying interest habitats and species.

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Section 10.4  Natural Heritage Areas

(Amendment No. 71) Insert additional text in green to policy NHA P1, Section 10.4 ‘Natural Heritage Areas - Policies’  (page 237) as follows:-

NHA P1: Contribute towards the protection, from significant adverse effects, of the ecological integrity and the visual, recreational, environmental and amenity value of the County’s proposed Natural Heritage Areas (pNHAs) and associated habitats, including any designated Natural Heritage Areas (NHAs) during the lifetime of this Plan.

 

(Amendment No. 72) Insert additional text in green to policy NHA P2, Section 10.4 ‘Natural Heritage Areas - Policies’  (page 237) as follows:-

NHA P2: Ensure that development proposals within or adjacent to a proposed Natural Heritage Area (pNHA) or Natural Heritage Area ( NHA) are designed and sited to minimise significant impacts on the biodiversity (including net loss) and ecological, geological and landscape value of the site, particularly plant and animal species listed under the Wildlife Act 1976 (as amended), the Habitats Directive and the Birds Directive, including their habitats.

 

(Amendment No. 73) Insert additional text in green to policy NHA P3, Section 10.4 ‘Natural Heritage Areas - Policies’  (page 237) as follows:-

NHA P3: Restrict development within a proposed Natural Heritage Area (pNHA) or Natural Heritage Area NHA) to development that is directly related to the area’s amenity potential or development that is required for the conservation management of these sites, subject to the protection and enhancement of natural heritage and visual amenities including biodiversity and landscapes’.

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Section 10.5         Non- Designated Areas, Habitats and Species

(Amendment No. 74) Insert additional text in green to Section 10.5 ‘Non-Designated Areas, Habitats and Species’  (page 240) as follows:-

10.5       Non-Designated  Areas, Habitats and Species

There are wildlife habitats in County Carlow that are important on a county and local basis, acting as stepping stones in a wider ecological network.   These wildlife habitats can include rivers and riverbanks, ponds, wetlands, peatlands, small woods and hedgerows, which are essential to the migration, dispersal and genetic exchange of wild species.  Article 10 of the Habitats Directive states that Member States shall endeavour in their land use planning and development policies, to encourage the management of features of the landscape which are of major importance for wild flora and fauna.

The protection of habitats and species in County Carlow is not confined to areas designated for nature conservation, such as Natura 2000 sites or Natural Heritage Areas ( NHAs).  The protection afforded by law to certain plant, animal, and bird species also applies wherever they are found.  This includes animals and birds listed in the Wildlife Act 1976 (as amended), the Birds Directive 1979, and the Habitats Directive 1992, as well as plant species listed in the Flora (Protection) Order 2015 (or other such Orders).   The Council recognises that certain plant, animal and bird species are becoming rare and threatened. 

The assessment of potential impacts on biodiversity in non-designated areas (and in areas designated for nature conservation) can be facilitated through the preparation of Ecological Impact Assessment (EcIA).  Where development proposals are not subject to Environmental Impact Assessment (EIA) or Appropriate Assessment (AA), potential impacts on biodiversity can be best assessed through EcIA.  An EcIA will be required for any development proposal likely to have a significant impact on rare and threatened species including species protected by law and their habitats.  The Chartered Institute of Ecology and Environmental Management (CIEEM) published ‘Guidelines for Ecological Impact Assessment in the UK and Ireland (2018)’, which can be accessed at www.cieem.net

Strict protection under the Habitats Directive applies to the species listed in Annex IV of that Directive, including plant and animal species. Annex IV includes all bat species and the European Otter. Where Annex IV species are present, measures to avoid damage and disturbance to them must be taken into account in the formulation of proposals for development. Where the risk of damage or disturbance is unavoidable, an application for a derogation licence may be made to the Minister for Housing, Local Government and Heritage under Regulation 54 of the European Communities (Birds and Natural Habitats) Regulations 2011 to 2021. It must outline all the alternative solutions considered and indicate which of the reasons listed in the legislation cover the application and also include all suggested mitigation measures.  The Council will fulfil its duties in relation to the strict protection afforded to species listed in Annex IV of the Habitats Directive and associated national derogation licencing requirements.

 

(Amendment No. 75) Amend Policy ND. P2 , Section 10.5 ‘Non-Designated Areas, Habitats and Species - Policies’’  (page 240):- deleted text in red, new text in green as follows:-

ND. P2: Ensure that development does not have a significant adverse effect on rare and threatened species, including those listed in the Wildlife Act 1976 (as amended), the Birds Directive 1979, the Habitats Directive 1992, and the Flora (Protection) Order 1995, their breeding places, resting places, habitat or environment, as applicable, including those protected under the Wildlife Acts 1976 to 2021, the Birds Directive (2009/147/EC), the Habitats Directive (92/43/EEC) and including plant species listed on the Flora (Protection) Order 2015 (S.I. No. 356 of 2015)’.

 

(Amendment No. 76) Insert additional text in green to policy ND P6, Section 10.5 ‘Non-Designated Areas, Habitats and Species - Policies  (page 241) as follows:-

ND P6: Ensure that the management of the Council’s open spaces and parks is pollinator-friendly and provides more opportunities for biodiversity, supporting the objectives of the National Pollinator Plan 2021-2025. Where it is used, herbicide should be certified and applied as per the manufacturer’s instructions.

 

(Amendment No. 77) Insert additional new policy ND P7, Section 10.5 ‘Non-Designated Areas, Habitats and Species - Policies  (page 241) as follows:-

ND P7: Support the implementation of the All Ireland Pollinator Plan 2021-2025 and to incorporate actions as appropriate into a Biodiversity Plan for County Carlow providing more opportunities for biodiversity in accordance with RPO 128.

 

(Amendment No. 78) Insert additional new policy ND P8, Section 10.5 ‘Non-Designated Areas, Habitats and Species - Policies  (page 241) as follows:-

ND P8: That biodiversity data generated during the lifetime of this Development Plan for the preparation of environmental assessment reports, shall be made available to the National Biodiversity Data Centre (NBDC).

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Section 10.9         Geological Heritage

(Amendment No. 79) Insert additional text in green to Section 10.9 ‘Geological Heritage’ (page 246) as follows:-

The 6 County Geological Sites (CGS) in the County are identified on https://www.gsi.ie/en-ie/data-and-maps/Pages/default.aspx and are listed below.  In addition to their information on geological heritage, the Geological Survey of Ireland also produces a wide range of other publicly available maps and datasets ranging from bedrock and quaternary geology, to geotechnical, minerals, geophysics, geochemistry and geohazards.  These maps and datasets are also accessible through the web link included in the foregoing.

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Section 10.10                     Invasive Alien Species

 (Amendment No. 80) Amend Policy IS. P1 , Section 10.10 ‘Non-Designated Areas, Habitats and Species - Policies’’  (page 247):- deleted text in red, new text in green as follows:-

Prevent the spread of invasive alien species in the County, and to require landowners and developers to adhere to best practice guidance in relation to the containment and control of invasive alien species, including: the ‘Guidelines on The Management of Noxious Weeds and Non-Native Invasive Plant Species on National Roads’ (2010 NRA) and

• Invasive Species Ireland guidelines (see www.invasivespeciesireland.com).
• TII (2020) The Management of Invasive Alien Plant Species on National Roads – Standard GE-ENV-01104 https://www.tiipublications.ie/library/GE-ENV-01104-01.pdf 
• TII (2020) The Management of Invasive Alien Plant Species on National Roads – Technical Guidance https://www.tiipublications.ie/library/GE-ENV-01105-01.pdf

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Section 10.11  Built Heritage

(Amendment No. 81) Insert additional Policy BH P6, Section 10.11 ‘ General Built Heritage- Policies’ (page 248) as follows:

Promote awareness and the appropriate adaptation of the County’s architectural and archaeological heritage to deal with the effects of climate change.

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Section 10.14      Protected Structures / Appendix VIII - Deletions

(Amendment No.82) To Delete CT 93 from the Record of Protected Structures, Appendix VIII (page 85), deleted text in red:

View of No. CT 93 on right

RPS No.	NIAH No	Address	Location	Composition	Rating	Importance
CT93	10000300	Shop Shamrock Sq	Shamrock Square	Corner semidetached late Georgian house with good intact Victorian shopfront contemporaneous with neighbour. Date circa 1820 – 1840	R	A,G

 

(Amendment No.83) To Delete CT 94 from the Record of Protected Structures, Appendix VIII (page 86), deleted text in red:

View of CT. No. 94 on left

RPS No.	NIAH No	Address	Location	Composition	Rating	Importance
CT94	10000299	Shop Shamrock Sq	Shamrock Square	Corner semidetached late Georgian house with good intact Victorian shopfront contemporaneous with neighbour. Date circa 1820 – 1840	R	A,G

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Section 10.14      Protected Structures / Appendix VIII – Amendments

(Amendment No.84) To Amend CT 18 on the Record of Protected Structures, Appendix VIII (page 76), deleted text in red, new text in green, as follows;

RPS No.	NIAH No	Address	Location	Description	Rating	Importance
CT18	10000228	No. 49, Burrin Street	Burrin Street	Semi-detached domestic dwelling. Date circa 1839 49 Burrin Street is a five-bay two-storey end of terrace building, constructed in c.1820-40 on the east side of Burrin Street. Although vacant for many years, the house retains a strong architectural presence on the streetscape. The central door surround on the front façade and the vertical proportions of the windows contribute to the character of Burrin Street. The external form of the building is in a remarkably intact condition with the late-Georgian detailing of the front façade making a positive contribution to the streetscape of Burrin Street. As the interior has been subject to substantial damage by fire part of the building to include the front façade and external built form (walls/ roof) are included on the Record of Protected Structures.	R	A G

(Amendment No.85) To Amend CT 112 on the Record of Protected Structures, Appendix VIII (page 88), new text in green, as follows

RPS No.	NIAH No	Address	Location	Description	Rating	Importance
CT112		Robert and Daniel Solicitors Church Street	Church Street	A four-bay, two-storey house with painted rendering . It has a handsome, round-headed, architrave, granite doorcase with a keystone. The doorcase is set up two granite steps. The house is immediately opposite the church and is important for the streetscape Date circa 1770 – 1800.  Protection of the structure extends to part of the building comprising the front façade and external built form / footprint.	R	A

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Section 10.12      Archaeological Heritage

(Amendment No. 86) Insert additional text in green to Section 10.12 ‘Archaeological Heritage’ (page 248) as follows:-

10.12     Archaeological Heritage

Archaeological heritage is the surviving material remains of human presence in the landscape left by past societies and cultures.  Whether situated above or below ground (i.e. terrestrial), or underwater in rivers and streams, it can include known and as yet unidentified sites, monuments, objects, man-made structures or altered natural structures.  In many cases archaeology can comprise sites where there are no visible features, but where below surface remains are expected or known to exist.  In terms of more formal classifications, archaeological heritage can consist of:

• National Monuments in the ownership/guardianship of the State or Local Authority.
• Archaeological and Architectural monuments/sites in the Record of Monuments and Places (RMP).
• Monuments in the Register of Historic Monuments.
• Zones of Archaeological Potential in Historic Towns.
• Underwater Archaeological Heritage, including Historic Wrecks. Wrecks over 100 years old (whether previously known or just discovered) and all archaeological objects situated underwater, are protected under section 3 of the National Monuments (Amendment) Act 1987. Wrecks of any date and the potential location of wrecks or archaeological objects may also be protected under Section 3 of the 1987 (Amendment) Act by the making of an underwater heritage order, if considered to be of sufficient historical, archaeological or artistic importance to merit such protection. Information on known wrecks can be found in the Department’s Wreck Viewer which holds records of over 18,000 known and potential wreck sites in Irish waters.
• Previously unknown and unrecorded archaeological sites (including subsurface elements with no visible surface remains, both terrestrial and underwater).
• Potential sites located in the vicinity of large complexes of site or monuments.
• Existing or former wetlands, unenclosed land, rivers or lakes.
• Objects or artefacts of known or potential archaeological significance, including into the modern period and recent past (e.g. post-medieval archaeology).

 

(Amendment No. 87) Insert additional text in green to policy AH P7, Section 10.12 ‘Archaeological Heritage-Policies’ (page 250) as follows:

AH P7: Protect and conserve historic burial grounds within the County, including through the avoidance of extensions to them that would have an inappropriate level of impact on sub-surface archaeological remains or on their setting and amenity, and encourage their management and maintenance in accordance with best practice conservation principles, including ‘Guidance for the Care, Conservation and Recording of Historic Graveyards’ (The Heritage Council 2011) and ‘Ireland’s Historic Churches and Graveyards’ (The Heritage Council), and in consultation with the National Monuments Service in the Department of  Housing, Local Government and Heritage.

 

(Amendment No. 88) Insert additional text in green to policy AH P8, Section 10.12 ‘Archaeological Heritage - Policies’ (page 251) as follows:

AH P8: Promote public awareness of the archaeological heritage of the County, and encourage where appropriate and practicable, the provision of appropriately designed and located signage, interpretative material, and public access (including disabled access) for archaeological sites under the direct ownership, guardianship or control of the Council and/or the state.

 

(Amendment No. 89) Insert additional Policy AH P9, Section 10.12 ‘Archaeological Heritage’ (page 251) as follows:

AH P9: Support community initiatives and projects regarding the preservation, presentation and access to archaeological heritage and underwater cultural heritage, provided such are compatible with appropriate conservation policies and standards, having regard to the guidance and advice of the Department of Housing, Local Government and Heritage.

 

(Amendment No. 90) Insert additional Policy AH P10, Section 10.12 ‘Archaeological Heritage’ (page 251) as follows:

AH P10: Support the incorporation of recorded monuments into designated open spaces and public amenity spaces, provided this is done in a manner compatible with the protection and proper management and conservation of the monument in question. Accordingly, where such incorporation takes place an appropriate and enforceable permanent management and conservation plan will be required.

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