Appropriate Assessment Report
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Variation No. 1 of the County Wexford Development Plan 2007-2013 Appropriate Assessment Screening Determination Report Determination of the need for Appropriate Assessment in accordance with the requirements of Article 6(3) of the EU Habitats Directive (Council Directive 92/43/EEC, as amended) Introduction Wexford County Council carried out a formal screening process of Proposed Variation No. 1 to determine whether Appropriate Assessment in accordance with Article 6(3) of the Habitats Directive was required. This document set out the determination by Wexford County Council and the relevant supporting screening reports. The determination is set out in Part 1. The Screening Report relating to the proposed Variation No. 1 (July 2011) is included in Part 2 of this document. The Council subsequently made Material Alterations to the Variation (the Material Alterations to the Variation have been subsumed into the body of the Variation). These alterations were formally screened to determine whether an Appropriate Assessment was required. This screening report, dated October 2011, forms an Addendum to the main Screening Report and is included in Part 3 of this document. During the public display of the proposed Material Alterations one submission was received from the Department of Arts, Heritage and the Gaeltacht. While this submission agreed with the conclusions of the Appropriate Assessment Screening Report, the Department had some concern with the use of the paragraph which states that no development will be permitted which will give rise to significant adverse impacts on the integrity of the Natura 2000 sites on the basis of proposed Variation Number 1. The Department recommended that this should be further explained and suggested that the Council should refer back to an objective in the Development Plan. Addendum 2, dated December 2011, outlines how the Department’s recommendation has been taken on board and how the relevant sections of the July 2011 and October 2011 reports are amended by this Addendum. Addendum 2 is included in Part 4 of this document. Part 1 Determination as to whether or not a draft Land use plan would adversely affect the integrity of a European site Determination Wexford County Council carried out a formal screening process of Proposed Variation No. 1 to determine whether Appropriate Assessment Article 6(3) of the Habitats Directive was required. The screening process was carried out in accordance with the Commission’s methodological guidance (EC, 2002) to determine a) whether the plan or project is directly connected to or necessary for the management of the site and b) whether the plan, alone or in combination with other plans and projects, is likely to have significant effects on a Natura 2000 site(s) in view of the site(s) conservation objectives. Wexford County Council determined that an Appropriate Assessment of Proposed Variation No 1 to the County Development Plan 2007-2013 was not required having regard to: • The characteristics of the Plan • The reports of WYG dated July 2011, October 2011 and December 2011 included with this determination, in particular the assessment of the implications of the Proposed Variation in Section 4.5, the ‘Finding of No Significant Effects Report Matrix’ and the ‘Conclusions’ of the main Screening Report and the respective sections in the Addendum reports, and • The consultations with the Prescribed Bodies and in particular the National Parks and Wildlife Service Forward Planning Section Wexford County Council December 2011 Part 2 Appropriate Assessment Screening Determination Report prepared by WYG Ireland Proposed Variation No. 1 of the County Wexford Development Plan 2007-2013 Appropriate Assessment Screening Report Determination of the need for Appropriate Assessment in accordance with the requirements of Article 6(3) of the EU Habitats Directive (Council Directive 92/43/EEC, as amended by Council Directive 97/62/EC) & Circular Letter SEA 1/08 & NPWS 1/08 July 2011 Wexford County Council Appropriate Assessment Screening of the Proposed Variation No. 1 of the County Wexford Development Plan 2007-2013 Date: July 2011 Document Control Document: Appropriate Assessment Screening Proposed Variation No. 1 Wexford CDP 2007-2013 Project: Appropriate Assessment Screening Proposed Variation No. 1 Wexford CDP 2007-2013 Client: Wexford County Council File Origin: CE05890 Document Checking: Primary Author CAS Signed: Contributor CAS Signed: Review By TH Signed: Issue Date Status Checked for Issue 1 04/07/2011 Draft 1 for Internal Review CAS/TH 2 04/07/2011 Draft 1 for Client Review CAS/TH 3 05/07/2011 Final Draft CAS 2 Contents 1 Introduction ....................................................................................................... 5 1.1 Background .............................................................................................. 5 1.2 Legislative Background ............................................................................. 5 2 Methodology ..................................................................................................... 8 2.1 Introduction ............................................................................................... 8 2.2 Brief Overview of Methodology ................................................................. 8 2.3 Cumulative Effects .................................................................................. 10 3 Proposed Variation to the Plan........................................................................ 11 3.1 Core Strategy ......................................................................................... 11 4 Appropriate Assessment Screening ................................................................ 24 4.1 Introduction ............................................................................................. 24 4.2 Management of the Site .......................................................................... 24 4.3 Natura 2000 Sites in and within 15km of the Plan Area .......................... 25 4.4 Conservation Objectives ......................................................................... 34 4.5 Assessment Criteria................................................................................ 50 4.6 Finding of No Significant Effects Report Matrix ...................................... 61 5 Conclusion ...................................................................................................... 67 3 Figures Figure 1 - Natura 2000 Sites within the Development Plan Area and within 15km of the Plan Area Appendices Appendix A - Site Synopsis 4 Wexford County Development Plan 2007-2013 Proposed Variation No. 1 Appropriate Assessment Screening Report 1 Introduction 1.1 Background This report assesses the likely significant effects that the Proposed Variation No. 1 of the County Wexford Development Plan 2007-2013 may have on the Special Areas of Conservation and Special Protection Areas which are in proximity to the geographical area covered by the Proposed Variation (i.e. Core Strategy). The Special Areas of Conservation are designated under the EU’s Habitats Directive by statutory instrument (the Habitats Regulations 1997) and the Special Protection Areas are designated by statutory instrument under the EU’s Birds Directive 1979 and so are, like SACs, of international importance. Under the EU Habitats Directive (92/43/EEC) Competent Authorities are required to undertake Appropriate Assessments (AA) of any plan or project not directly connected with or necessary to the management of a Natura 2000 sites but likely to have a significant effect thereon, either individually or in combination with other plans or projects. This assessment examines the implications of proceeding with this Core Strategy in view of the conservation objectives of associated Natura 2000 sites. 1.2 Legislative Background An Appropriate Assessment is an evaluation of the potential impacts of a plan (or project) on the conservation objectives of a Natura 2000 site, and the development, where necessary, of mitigation or avoidance measures to preclude negative effects. 5 Wexford County Development Plan 2007-2013 Proposed Variation No. 1 Appropriate Assessment Screening Report The main purpose of an Appropriate Assessment is to identify the possible effects of implementing a Plan/Project on the conservation objectives and integrity of Natura 2000 sites 1. The Directive 92/43/EEC on the Conservation of Natural Habitats and Wild Flora and Fauna – the ‘Habitats Directive’ provides legal protection for habitats and species of European importance. Article 2 of the Habitats Directive requires the maintenance or restoration of habitats and species of interest to the EU in a favourable condition. The Directive was transposed into Irish law by the European Communities (Natural Habitats) Regulations, SI 94/1997. Articles 6(3) and 6(4) of the Habitats Directive sets out the decision-making tests for Plans or Projects affecting Natura 2000 sites. Article 6(3) establishes the requirement for Appropriate Assessment: “Any plan or project not directly connected with or necessary to the management of the site but likely to have a significant effect thereon, either individually or in combination with other plans or projects, shall be subject to appropriate assessment of its implications for the site in view of the site's conservation objectives. In the light of the conclusions of the assessment of the implications for the site and subject to the provisions of paragraph 4, the competent national