9 Conservation
and Preservation |
By preserving characteristic features of the County, we seek to maintain
and nurture our cultural heritage as part of our identity. The intrinsic
value of the rural landscape, the areas of nature conservation and the sites,
monuments, and structures of historic, architectural, artistic or technical
interest is a major resource for the development of tourism and economic
development while contributing to the quality of life. The sustainable management
of this heritage is a key priority. The Council will seek a balance of accessibility
and tourism development along with the conservation and preservation of
the protected structures and heritage items generally and their settings.
9.2 The
Built (Man-made) Environment |
It is the policy of the Council to use its powers and available resources
to protect its architectural archaeological, historic and artistic heritage
both for its cultural and tourism value.
9.2.1
Sites and Features of Archaeological and Historical Interest |
County Kilkenny has an archaeological heritage of exceptional richness.
The Planning Authority seeks to preserve and conserve the archaeological
and historical heritage of the county through the exercise of planning
control.
It will be the policy of the Council
a) To preserve, conserve and protect sites, monuments and areas of archaeological
importance, which are identified in the “Record of Monuments and
Places” for County Kilkenny published by the OPW (1996) and in “The
Urban Archaeological Survey of County Kilkenny” (OPW 1993).
b) To ensure that development proposals within Areas of Archaeological
Potential and within close proximity to monuments as set out in the Record
of Monuments and Places of County Kilkenny are referred to the National
Monuments Services of the Department of the Arts, Heritage Gaelteacht
and the Islands for observations and recommendations and to have regard
to such observations and recommendations in the assessment of development
proposals.
c) To preserve, conserve and protect sites that are (a) National Monuments
(b) protected by preservation orders (c) protected by listing orders under
the provisions of the National Monuments Acts 1930, 1954 as amended.
d) To facilitate and where feasible create public rights of way to sites
of Archaeological and Historical interest. The Council will also seek
the preservation and maintenance and improvement of all existing rights
of way to such areas where appropriate.
e) To protect the setting of monuments and sites identified in the Record
of Monuments and Places and the setting of archaeological objects and
heritage objects
f) To facilitate public access to the National Monuments in State care
and Local Authority ownership in the County.
A list of such monuments is contained in the appendix B to the Plan.
The Record of Monuments and Places as established under section 12 of
the National Monuments (Amendment) Act 1994 in County Kilkenny is available
for inspection at the Planning Department of Kilkenny County Council.
9.2.3 Buildings
and Structures |
New legal framework to protect the architectural heritage:
The Local Government (Planning and Development) Act, 1999 and the Architectural
Heritage (National Inventory) and Historic Monuments (Miscellaneous provisions)
Act 1999 and now the Planning and Development Act 2000 have made the requisite
legislative changes necessary to implement many of the recommendations
of the 1996 report ‘Strengthening the protection of the Architectural
Heritage’, which made a series of recommendations. The 1999 Planning
Act introduced a range of new measures for the protection of the architectural
heritage. In particular it introduces two new mechanisms: the Record of
Protected Structures (RPS), and the Architectural Conservation Areas (ACA).
The RPS replaces the system of listing of buildings, which was in operation
prior to January 2000. The ACA mechanism is used to protect groups of
structures and the setting of protected structures.
It is an objective of the Council:
a) To seek the conservation and preservation of items listed in the Record
of Protected Structures, which are of special architectural, historical,
archaeological, artistic, cultural, scientific, social or technical interest.
b) To seek, where appropriate the restoration and enhancement of items
in the Record of Protected Structures which are of special architectural,
historical, archaeological, artistic, cultural, scientific, social or
technical interest.
c) To consider the designation of Architectural Conservation Areas where
appropriate and provide a local policy framework for the protection of
theses areas
d) To have regard to ‘Architectural Conservation Guidelines for
Planning Authorities, published by the Department of Arts, Heritage, Gaeltacht
and the Islands.
e) To prepare an Architectural Conservation Area Plan for the villages
of Licketstown, Glengrant, Luffany, Corludy and Portnahully located in
the parish of Mooncoin and to be proactive in encouraging the restoration
and rehabilitation of these unique village settlements.
The Record of Protected Structures is set out in the appendix C at the
end of this volume.
9.3 The
Natural Environment |
County Kilkenny possesses a unique natural scientific heritage. Areas
of scientific interest were defined in the previous County Development
Plan. This designation has now been largely replaced by the proposed Natural
Heritage Areas (NHA) the Special Areas of Conservation or Special Protection
Areas. There are a number of sites previously listed in the 1994 Development
Plan which are proposed NHA’s or SAC’s or SPA’s. These
are listed in the Plan as areas of scientific interest.
The Council recognises the educational, scientific recreational and tourism
value of these areas.
It is the policy of the Council
a) Ensure the protection and/or conservation as appropriate of these
areas and to strictly control any development which would be inimical
to the preservation or conservation of their essential characteristics.
b) To ensure that development proposals within or in close proximity to
designated sites are referred to Duchas, the Heritage Service of the Department
of the Arts, Heritage, Gaelteacht and the Islands and The Heritage Council
for observations and recommendations and to have regard to such observations
and recommendations in the assessment of development proposals.
c) To ensure the protection and/or conservation as appropriate of the
non-designated sites outlined as areas of scientific interest in the plan
and to control development which would be inimical to the preservation
or conservation of their essential character.
The NHA’s and SAC’s are shown on map 9.1.
The NHA’s, SAC’s and the Areas of Scientific Interest are
listed in the appendix D.
Kilkenny County contains rich and varied landscape which is the basis
for the high level of amenity in the County, is a potential tourism resource,
contributes to the identity of the County and provides the context for
the day to day activities of the rural community. Hazards to landscape
of high amenity can include ill-sited housing, industrial agricultural
development, felling of trees, infrastructural development, badly laid
out coniferous afforestation, water pollution etc. The high quality of
Kilkenny’s landscapes and views has been recognised in previous
studies and reports.
The Planning Authority in the 1986 Development Plan established Areas
of Special Control within the County. This designation was continued in
the 1994 Development Plan.
In this Plan the designation has been changed to that of Areas of High
Amenity. The Areas of High Amenity are delineated in the list below and
in Map 9.1
The principal landscape areas included are of National importance and
have been included in the study “Inventory of Outstanding Landscapes
in Ireland” (An Foras Forbartha, 1977).
For this Plan a reassessment has been taken of the County’s best
landscapes: some areas previously included have been omitted and some
new areas have been included.
9.4.2
Areas of High Amenity |
These are areas in the county, which have out-standing natural beauty
and/or unique interest value. A high standard of design and siting will
be required for all development in such areas. Development which would
be seriously injurious to the visual amenity of the area will not be encouraged.
It is the policy of the Council to control all development within the
Areas of High Amenity so as to exclude from them any development which
would be prejudicial to their natural beauty. Exemptions will be made
for housing development as outlined in section 7.8.4.1 of the Plan.
Where development is permitted within areas of high amenity a very high
standard of siting design and landscaping will be required in order to
ensure that the proposed development will be assimilated into the existing
landscape.
A list of the areas of high amenity is contained in the appendix E to
the Plan.
9.4 4 Views
and Prospects |
There is a need to protect and conserve views and prospects adjoining
public roads and river valleys throughout the county where these views
are of high amenity value.
It is the policy of the Council:
a) To preserve, improve and open up places or areas from which views
or prospects of high amenity.
b) To remove and or alter walls, fences, hedges, or other obstructions
and to control development so that views or prospects are not obstructed.
c) To open up places or areas from which views and prospects of high amenity
can be enjoyed.
In conserving views, it is not proposed that this should give rise to
the prohibition of development along these routes but development, where
permitted, should not seriously hinder or obstruct these views and should
be designed and located to minimize their impact.
The views and prospects to be preserved and protected are contained in
the appendix F to the Plan.
9.5
Recent Developments on Landscape Assessment |
Against the background of increasing development pressure, the National
Development Plan and the preparations being made for the production of
a National Spatial Strategy the Government has recognised the need to
move away from previous methods of landscape classification which tended
to concentrate only on “outstanding landscapes” and to approach
landscape appraisal in a systematic way, which will enable us to take
a proactive view of development while maintaining that respect for the
environment, which is required by sustainability.
Following on from this recognition the Government introduced consultation
draft guidelines on Landscape and Landscape Assessment for Planning Authorities
in June 2000. The consultation draft guidelines acknowledge that the only
available quasi-official document on landscapes at national level is ‘Outstanding
Landscapes’ An Foras Forbartha. The guidelines recommend the assessment
method known as Landscape Character Assessment, which moves away from
the traditional concepts as a means of characterisation. The older method
gave rise to a view of the landscape, which was unnecessarily restrictive,
protectionist and conservationist. In that context planning policies tended
to be reactive and to deal with almost exclusively by way of strict conservation,
which prohibited any intervention.
It is an objective of the County Council to compile, within the plan
period, a Landscape assessment of the County in compliance with the Government
Draft Guidelines for Planning Authorities titled ‘Landscape and
Landscape Assessment’, June 2000. The purpose of this is to evaluate
the sensitivity of particular landscapes within the County to various
types of development.
Trees are an environmental, economic and landscape resource of great
importance and Irish conditions are particularly suited to rapid tree
growth.
It is the policy of the Council to:
a) conserve important and vulnerable trees by means of Tree Preservation
Orders as it is deemed necessary,
b) To ensure that replanting is required at an appropriate ratio for each
tree felled and that new developments should incorporate the planting
of native broadleaved species wherever practicable.
c) The Council will continue to co-operate with Coillte and other forestry
bodies to seek an increase in appropriate afforestation, particularly
of native species and to maintain and improve accessibility to woodlands
for recreational purposes.
9.6.2 Tree
Preservation Orders |
The following Tree Preservation Orders have been made by Kilkenny County
Council (reference numbers are recorded in the Planning Register).
T.P.O. 1/85 (PG 32 (39)) Oldcourt, Inistioge
T.P.O. 1/84 Keatingstown
T.P.O. 1/92 Barna, Freshford
T.P.O. 1/67 Sawney’s wood, Castlecomer
In the Victorian era Woodstock was regarded as one of the great gardens
of Ireland. It suffered from years of neglect, vandalism and indifference
but the main framework of the gardens remained intact. The Woodstock garden
restoration project is an example in environmental partnership between
Kilkenny County Council, Coillte, the Tighe Estate, Great Gardens of Ireland
Restoration Programme, Inistioge Heritage society, FAS and the local community.
It is an objective of the Council:
To continue and complete the Woodstock
Gardens Restoration Project.
The Mount Juliet Estate and adjoining Ballylynch estate is situated in
the Nore Valley to the east of Thomastown. In 1987 Kileen Investments
Ltd acquired the house and lands from the McCalmount family. In the following
years a program of investment and development ensued including the conservation
and alteration of the house, into a hotel. Mount Juliet is generally recognised
as of high quality tourism benefit and a sporting resource of significant
local, national and international importance. The importance of the estate
from an economic, tourism viewpoint is recognised. The importance of the
estate, the sensitivity of its environment and the pressures for development
that exist are the principle reasons why it was deemed necessary to develop
a specific action plan for the estate.
The Action Plan strategy
The economic significance of the estate in the life of the County is
recognised along with the wider recognition of the valuable natural and
built resources on the estate. The strategy for the development of the
estate sets out the guiding principles and overall future direction for
the development of the estate. The strategy establishes the context for
the policies and objectives set in the Plan.
The strategy is based on the following principles:
• The entire Action area is considered to be a sensitive environment
and any development must be considered within the overall historic and
environmental context.
• Some degree of future development is anticipated and the objective
is to regulate and order development rather that presume against development.
• Development trends to date, either planned or constructed , are
taken as indicators and the basis on which predictions of future growth
and development patterns are made.
• Where particular development trends or intentions are identified
areas and site specific proposals are made.
• Existing planning permissions on the estate are incorporated into
the plan and where appropriate further measures are proposed to integrate
previously approved development.
9.7.1
Development Policies and Objectives |
Zone |
Objectives |
Permissible uses/Developments |
Uses open for consideration. |
A |
To protect and enhance existing woodlands, individual trees, gardens,
built and other environmental amenities. |
Sport and leisure facilities such as croquet, tennis putting or
bowling lawns. |
Temporary tented or other temporary enclosures. |
B |
NHA To protect and enhance existing landscape, ecological and other
environmental amenities. |
|
|
C |
To provide for the maintenance and enhancement of tourism, sporting,
leisure related uses. |
|
|
D |
To provide for the maintenance and enhancement of existing golf
course uses. |
Planting and ground works related to golf course uses. |
Temporary tented or other temporary enclosures. |
E |
To provide for the creation of equestrian facilities. |
|
|
F |
To provide for the creation of facilities related to grounds upkeep
and maintenance activities |
Stores, machinery storage/repair & office uses related to maintenance
of estate lands. |
|
J |
To protect and maintain and reinstate existing parkland character
of the estate. |
|
|
K |
To provide for the maintenance and enhancement of existing agricultural
lands in an area of sensitive landscape. |
|
|
L |
To provide for the maintenance and enhancement of existing agricultural
and related buildings. |
|
|
M |
Woodlands to be protected and maintained in accordance with the
woodland management strategy. |
|
|
P |
Provide for low density housing associated with the estates sporting
and recreational functions. |
|
|
Q |
Provide for low density housing associated with the estates sporting
and recreational functions. |
|
|
R |
Provide for the development of 1 two storey detached house of floor
area in the range 400 to 600 sq. m. as approved in planning permission
00/1425, associated with the estates sporting and recreational functions.
|
|
|
S |
Provide for the development of 1 detached house of floor area in
the range 350 to 500 sq. m. associated with the estates sporting and
recreational functions. |
|
|
T |
Provide for the development of 8 no. apartments adjoining and integrated
with the existing Rose Garden apartments to relate with and to avail
of the hotel services of Mount Juliet House. |
|
|
U |
Provide for the relocation of the equestrian centre to an appropriate
alternative site within the demesne, possibly at Ballylinch and provide
for 8 no. two storey Rose Garden Type residential apartments to relate
to and avail of the hotel services of Mount Juliet House. |
|
|
V |
Provide for the development of 5 no two storey detached houses of
floor areas in the range 500 sq. m. to 600 sq. m. each three of which
previously approved in planning permission 95/745, associated with
the estates sporting and recreational functions. |
|
|
W |
Provide for the development of 3 no detached two-storey houses of
floor areas in the range 400 sq. m to 500 sq. m each previously approved
in planning permissions 95/745 and 00/1534 associated with the estates
sporting and recreational functions. |
|
|
X |
Provide for the development of a tennis court, pavilion and croquet
lawn, previously approved in permission 95/745. |
|
|
Y |
Provide for the extension to Mount Juliet House previously approved
in permission 98/700. |
|
|
Z |
Provide for the development of conference facilities, previously
approved in planning permission 00/891. |
|
|
AA |
Provide for the development of one detached two storey house of
c 500 sq. m. floor area, previously approved in permission 99/1134,
associated with the estates sporting and recreational functions. |
|
|
BB |
Provide for the relocation of the irrigation pump house, previously
approved in planning permission 99/1132. |
|
|
CC |
Provide for the development 2 no. detached houses previously approved
under planning permission 95/745 for 3 houses, associated with the
estates sporting and recreational functions |
|
|
DD |
Provide for the development 10 no. detached houses of c 500 sq.
m floor area each previously approved under planning permission 95/745,
associated with the estates sporting and recreational functions. |
|
|
EE |
Provide for the development 12 no. apartments of c 150 sq. m floor
area each previously approved under planning permission 95/745 associated
with the estates sporting and recreational functions. |
|
|
FF |
Provide for the development of a pesticide store as approved in
planning permission 00/200 |
|
|
*Note permissible uses and uses open for consideration are for guidance
only and are not intended to be exhaustive list of possible development
uses.
Specific Objectives
Area |
Objective |
1 |
To protect and enhance Mt Juliet House (protected structure) and
allow for its development in accordance with existing planning permissions. |
A1 TO 4 |
To protect and enhance existing archaeological features ( table
below) |
3 |
To protect and enhance the existing south western entrance to the
estate, gate lodges boundary walls and road frontage |
4 |
To protect and enhance the existing Thomastown entrance to the estate,
gate lodges boundary walls and road frontage |
5 |
To provide maintain and enhance the boundary treatment of the existing
built developments. |
6 |
To provide for the enhancement of the cricket pavilion facilities. |
Protected views
View |
Description |
1 |
From Mt Juliet House to Ballylynch Stud |
2 |
Approach from Thomastown gate towards Mt. Juliet House and the Inch |
3 |
River Valley from bridge. |
4 |
River valley from Ballylynch bridge. |
Archaeological Features
Map Ref. |
Description |
A1 |
Ecclesiastical remains. |
A2 |
Castle & Mansion |
A3 |
Enclosure |
A4 |
Enclosure |
|