Variation No. 1 of the Birr Town and Environs Development Plan 2010-2016 to Include: A

Variation No. 1 of the Birr Town and Environs Development Plan 2010-2016 to include: A. Core Strategy B. Riverstown Village Plan

AND

Variation No. 3 of the Offaly County Development Plan 2009-2015 to remove Riverstown Village Plan

March 2013

Variation No. 1 of the BTEDP 2010-2016 2013

PREAMBLE This Variation No. 1 to the Birr Town and Environs Development Plan 2010-2016 comprises of two sections. The first (Part A) is the inclusion of the Core Strategy into the plan whilst the second element (Part B) is the inclusion of Riverstown Village Plan in the Birr Town and Environs Development Plan 2010-2016.

This Variation, together with Variation No. 3 to remove Riverstown from the County Development Plan, was adopted by Offaly County Council at their monthly meeting on the 18th February 2013 and by Birr Town Council at a special meeting on the 4th March 2013.

Form

The Variation No. 1 will take the form, on adoption, of a standalone document but remains a central component of the Birr Town and Environs Development Plan which forms the basis or the ‘core’ of future development decisions up until 2016.This document is to be read in conjunction with the existing Birr Town and Environs Development Plan 2010-2016.

Variation No. 1 supplements and supersedes, where relevant, the content of certain sections of Birr Town and Environs Development Plan – in particular Chapter 3 “Development Strategy” of the current plan. The main areas where Variation No. 1 supersedes the current plan are those where reference is made to population targets, the Midland Regional Planning Guidelines and in particular, Variation No. 1 supersedes the land use zoning map included in the plan. The plan will also affect Chapter 6 relating to Local Area Strategies and Chapter 7 relating to Crinkle Village.

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Variation No. 1 of the BTEDP 2010-2016 2013

INTRODUCTION In accordance with the requirements of the Planning and Development Act 2000, as amended, Offaly County Council and Birr Town Council have prepared a Core Strategy to be incorporated into the Birr Town and Environs Development Plan 2010-2016, by way of a variation under Section 13 of the Planning and Development Act 2000, as amended. This Core Strategy is outlined in Part A and is consistent with the Core Strategy of the Offaly County Development Plan 2009-2015.

Part B incorporates the Riverstown Village Plan into the Birr Town and Environs Development Plan 2010- 2016. Variation No. 3 of the Offaly County Development Plan 2009-2015 removes the Riverstown Village Plan from volume 2 of that plan.

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Part A: Core Strategy of the Birr Town and Environs Development Plan 2010-2016

1 INTRODUCTION

1.1 Introduction

The inclusion of the Core Strategy in the Birr Town and Environs Development Plan is a requirement introduced by the Planning and Development (Amendment) Act 2010. The Core Strategy for County Offaly has already been incorporated into the Offaly County Development Plan 2009-2015 and this Core Strategy will be consistent with that plan.

The current Birr Town and Environs Development Plan 2010-2016 was adopted in January 2010 and includes a written statement and zoning map.

This Core Strategy supplements and supersedes, where relevant, the content of certain sections of the Birr Town and Environs Development Plan – in particular Chapters 1 and 3 of the current plan (“Introduction and Vision” and “Development Strategy”). The Core Strategy, specifically the inclusion of phased undeveloped residential land, will impact on the possible development of the Local Area Strategies outlined in Chapter 6 and the Strategy for Crinkle Village in Chapter 7 within the lifetime of this plan.

This Core Strategy includes all of the key requirements of the Planning and Development (Amendment) Act 2010. The purpose of a Core Strategy “is to articulate a medium to longer term quantitatively based strategy for the spatial development of the area of the planning authority, and in doing so, to demonstrate that the development plan and its objectives are consistent with national and regional development objectives set out in the National Spatial Strategy and Regional Planning Guidelines (RPGs)’1. Birr Town Council is the planning authority for the area within the town boundary while Offaly County Council is the planning authority for the environs area.

The main areas where this Core Strategy supersedes the current plan are as follows:

• Where reference is made to population targets – these are now superseded by the targets included in the Core Strategy.

• The Midland Regional Planning Guidelines 2004 is now replaced with the Midland Regional Planning Guidelines 2010-2022.

• The Zoning Map replaces the land use zoning map of Birr Town and Environs Development Plan 2010-2016.

1 Source: DoEHLG Circular and Guidance Notes on Core Strategies, November 2010. Page | 5

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This Core Strategy will demonstrate a level of consistency between the objectives of the development plan and the higher order spatial plans of the National Spatial Strategy (NSS) and the relevant Regional Planning Guidelines (RPGs). The Core Strategy provides the key linkage between national and regional level plans and subsidiary plans such as town development plans.

1.2 Content of the Core Strategy

The required content of this Core Strategy is set out in Section 10 of the Planning and Development Act 2000, as amended. This Core Strategy consists of:

• A Written Statement outlining the broad aims of the strategy including the population targets and housing demand allocation for the remainder of the plan period.

• A Core Strategy Table which demonstrates the allocation of population distribution and required amount of residential zoned lands in Birr Town and Environs.

• A Land Use Zoning Plan which includes phasing of land that identifies what housing development land may be developed in this plan period and what residentially zoned land is in reserve for possible development as part of future development plans.

• The Core Strategy Map which is an extract from the Core Strategy contained within the Offaly County Development Plan and shows location of Birr in relation to other towns within the County Offaly settlement hierarchy.

2 Policy Context The Core Strategy is positioned within a policy hierarchy that ranges from the higher level, strategic approach of the National Spatial Strategy, which seeks to provide an overall vision for development at a state level, to local area and town development plans which provide specific development objectives for private and public land within their boundaries.

2.1 National Spatial Strategy (NSS)

The National Spatial Strategy (NSS) 2002-2020 provides a planning framework for delivering more balanced social, economic and physical development between the regions of Ireland. A key concept of the NSS is the development and promotion of ‘Gateways’ and ‘Hubs’. The NSS identifies a Midland Linked Gateway comprising Athlone, Tullamore and Mullingar. Birr is identified as a town with ‘Urban Strengthening Opportunity’ within the Midlands Region and states that “Birr, in particular, with its built heritage and links to the Mid West region, has the potential to become a significant tourism centre and one which further develops small enterprises in a high quality environment.”

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2.2 Midland Regional Planning Guidelines (MRPGs)

The Midland Regional Planning Guidelines (MRPGs) 2010-2022 were adopted on the 20th July 2010 and set out the long term strategic planning framework to direct the future growth of the Midland Region. The MRPGs designate Birr as a Key Service Town in the Western Development Region. The MRPGs state that Key Service Towns act as important drivers for local economies where well established economic, administrative and social functions are provided. The MRPGs emphasise the potential for Tourism development in Birr Town. The MRPGs state that the Western Development Area needs to grow by 1,361 in the period to 2022 with the bulk of this growth channeled to Birr town.

Map 1. Extract from the MRPGs showing the Midland Regional Settlement Strategy.

Birr

Source: Midland Regional Planning Guidelines 2010-2022

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2.3 Offaly County Development Plan 2009-2015

The Core Strategy of the Offaly County Development Plan 2009-2015 was adopted by Offaly County Council as Variation No. 1 to that plan on the 20th February 2012. The Core Strategy implements the MRPGs and identifies Birr in the second tier of the settlement hierarchy as a Key Service Town, Crinkle and Riverstown are identified as Villages and are included in Tier 5 of the hierarchy. The Offaly County Development Plan Core Strategy includes a Core Strategy table which was derived from the MRPG population targets as well as development completed since 2006, a density of development based on the settlement’s place on the hierarchy, a dereliction rate of 2% per annum and a projected average household size of 2.56 people. The Core Strategy table shows that Birr Town has a total allocation of residentially zoned lands available to 2015 of 40 hectares, the allocation for Crinkle and Riverstown is included with the other Tier 5 Villages in the table.

2.4 Retail Strategy

The Retail Strategy for County Offaly (2008-2015) identifies the future retail floor space requirements to 2015. The strategy provides a Retail Hierarchy identifying the role of main retail centres within the County. The hierarchy, in line with the functional role assigned in the MRPGs, identifies Tullamore town as the sole ‘primary tier’ retail centre in the County. Birr town centre is one of the ‘secondary tier’ centres, while Crinkle and Riverstown are within the ‘fourth tier’.

While the Retail Strategy seeks to reinforce and extend the high order retail function of Tullamore as part of the Linked Gateway in order to reduce expenditure leakage to outside of the County and the main focus of retail development is Tullamore, it also focuses on the Town Centre of second tier towns, including Birr, with appropriate levels of comparison retail developments being encouraged. In villages such as Crinkle and Riverstown minor floorspace increments and new retail developments will be supported where they meet the needs of the local population.

2.5 Housing Strategy

Part V of the Planning and Development Act 2000, as amended, requires all planning authorities to include a housing strategy in any Development Plan. The Offaly County Housing Strategy was adopted by both Birr Town Council and Offaly County Council and informed the review of the Birr Town and Environs Development Plan.

The Government Housing Policy Statement published in June 2011 aims to “enable all households access good quality housing appropriate to household circumstances and in their particular community of choice”. The policy statement indicates that the provisions outlined in Part V, particularly the provision of affordable housing are to be reviewed. The application of housing policy in Birr Town and environs will continue to evolve as revised national policy emerges.

It is the Councils’ policy that where there is any discrepancy in relation to population targets and/or housing land requirements, between the Core Strategy and the Housing Strategy and/or the Retail Strategy, the policies and objectives of the Core Strategy shall take precedence.

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2.6 Strategic Flood Risk Assessment (SFRA)

In accordance with The Planning System and Flood Risk Management Guidelines 2009, Flood risk is a key consideration in the designating of land for development and assessment of planning applications. Publication by the OPW of Flood Hazard Mapping is due in 2013 and the final Shannon Catchment Flood Risk Assessment and Management (CFRAM) is due to be published in 2015. However there are a number of sources of information currently available regarding flood risk within Birr town and environs including historic reports but also the Preliminary Flood Risk Assessment flood zone maps published in 2011 by the OPW (as part of the preparation of the Shannon CFRAM). Map 1 on the following page shows the extent of Flood Zone A (1 % Annual Exceedance Probability) and Flood Zone B (0.1% AEP) flood events in relation to the land zoned for development in the BTEDP 2010. Where appropriate, residential lands have been phased and this Core Strategy will serve to reduce the possibility of lands that are at risk of flooding being developed for residential use.

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Map 2. Flood Zones

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3 Core Strategy

3.1 Rationale of Core Strategy

Birr is designated as a Key Service Town and in practice it provides retail, business, leisure and administrative services for a wide hinterland in the South Offaly area that also extends into North Tipperary. The results from Census 2011 indicate that the population of Birr town and Environs has continued to grow from 5,053 in 2006 to 5,452 recorded in April 2011.

CSO 2011 Males Females 2006 2011 Percentage 2011 2011 Change 2006-2011 Birr Town 2149 2279 4091 4428 8.2 Environs 517 507 962 1024 6.4 Birr Town and Environs 2666 2786 5053 5452 7.3

This Core Strategy will seek to improve the overall quality of life within Birr Town and Environs, by supporting the enhancement of the built environment and public spaces and facilitating employment generating developments.

This Core Strategy recognises the value of the existing town centre in Birr and how it contributes to the quality of life of the town’s inhabitants and the experience of its visitors. Generations of investment in public and private buildings, squares and streets have resulted in a Town Centre that is an attractive place where it is pleasant to spend time and do business. Areas including Emmett Square, Main Street and Castle Street contain impressive buildings themselves but in addition nearby areas of interest including Birr Castle and its Demesne, Oxmantown Mall and John’s Mall contribute to the overall attractiveness of the town centre and also their locations mean that visitors to the town will spend time traversing the commercial core of the town centre. It is for these reasons that the Core Strategy seeks to ensure that all new development within the lifetime of this plan, whether it occurs within the town centre boundary or elsewhere in the town and environs should not be detrimental to the town centre and should enhance and capitalise on its success. For example some commercial or industrial development may be more appropriate on designated and serviced employment lands removed from the town centre so as to reduce the impact of HGV movements on the historic core, in relation to residential development, higher densities are preferable within and close to the town centre as they will be within walking distance of the range of services offered while if lower densities are permitted they should be slightly removed as they constitute a less efficient use of land and give rise to a greater number of vehicle movements. By requiring investment in development to utilise, maintain and improve the existing town centre, this Core Strategy seeks to ensure that such future investment is used most efficiently.

Birr has a strong retail base, including comparison and convenience retail within the town centre and well distributed convenience retail around the town centre. This Core Strategy will seek to ensure that new retail development will focus on expansion and reuse of buildings within the existing town centre,

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thus contributing to the vitality and vibrancy of the town centre. Limited additional convenience retail will be allowed outside of the Town Centre and the purpose of any such development should be to serve local neighbourhoods, for example convenience retailing, appropriate in scale should be permitted and encouraged in Crinkle village centre.

This Core Strategy sets out the quantity of undeveloped zoned land available for residential development within the lifetime of the plan; it will do this through the mechanism of identifying ‘phased lands’ which will not be considered for the development of multiple residential units within the lifetime of this plan. This Core Strategy takes a sequential approach to the development of land, with land closest to the town centre designated for development within the lifetime of this plan. Also lands in close proximity to Crinkle village and some lands in Riverstown are designated for development.

The identification of ‘phased lands’ will impact on the delivery of the Local Area Strategies outlined in Chapter 6 of the Birr plan. Where the residential lands in the Local Area Strategies are phased they and their associated neighbourhood centres will be reconsidered at the review stage of the Birr Town and Environs Development Plan.

This Core Strategy puts in place a framework that will support and encourage targeted population growth throughout the lifetime of this plan to 2016, providing initially for the satisfactory completion of the small number of unfinished or unoccupied estates and for the construction of a moderate quantity of new residential development that will accommodate the population projections outlined in the MRPGs and provide for decreasing household sizes as well as taking account of dereliction rates.

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3.2 Core Strategy Aims

Aims of Core Strategy 1. To strengthen the role of the Birr Town and Environs Development Plan in implementing the objectives of higher order plans, where appropriate.

2. To ensure that the Birr Town and Environs Development Plan 2010-2016 is consistent with national and regional planning strategies, guidelines and policies including national and regional population targets.

3. To develop an evidence based settlement strategy that provides a framework within which sustainable infrastructure, amenities, economic investment and development can be provided in a manner that maximises the use of resources in the Town and Environs, for current and future generations.

4. To ensure compliance with the requirements of the Planning and Development Acts 2000-2012.

5. To provide for the growth of Birr Town and Environs towards a long term target population and develop the town in its role as a Key Service Town as set out in the settlement strategy in the Midland Regional Planning Guidelines. The continuing support for appropriately scaled development within and adjoining the town centre, in a sequential manner, will remain a priority while recognising the role that new infrastructure and public transportation links will play in future.

6. To ensure a high level of environmental protection in the implementation of the policies and objectives of the plan through the observance of all legal requirements with regard to Strategic Environmental Assessment, Habitats Directive Assessment, Water Framework Directive and Floods Directive, as appropriate.

7. To ensure that the quantity and location of land zoned for development in the Development Plan will accommodate the level of development anticipated over the plan period and supports the priorities for growth indicated in the settlement hierarchy.

8. To ensure that future development will integrate with the existing and planned transport and services infrastructure such as road, rail and water services infrastructure in order to utilise them in the most efficient way possible (as per priority investments outlined at national and regional level).

9. To ensure that development over the lifetime of this plan is monitored and managed so as to achieve the overall objectives of this strategy.

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3.3 Settlement Hierarchy

To reflect the requirements of the Planning and Development Act 2000, as amended, the Core Strategy of the Offaly County Development Plan includes an updated settlement hierarchy for County Offaly. The settlement hierarchy identifies a number of tiers of settlement within the County classified according to their strategic location and potential, their function within the area that they are located, their function and relationship to other settlements and their size. The hierarchy includes Birr, Crinkle and Riverstown with Birr being a Tier 2 settlement and Crinkle and Riverstown among the Tier 5 Villages. An extract of that Settlement Hierarchy is set out in Table 2 below.

Table 1 Settlement Hierarchy (extract from the Core Strategy Table of the Offaly CDP) Tier Settlement Settlement Defined Strategic Role Role Tier 2 Key Service Birr These towns are important drivers for local economies in Town areas that are more remote from main population centres. Well established economic, administrative and social functions are provided within these areas.

Tier 5 Village Crinkle and Villages are smaller settlements, many of which are very Riverstown attractive and rural in character. The level of services provided will vary between settlements and will depend on the surrounding rural hinterland. Residential development in these settlements should be of appropriate scale and density.

3.4 Core Strategy Table

The Core Strategy is required, as per section 7 of the Planning and Development (Amendment) Act 2010, to set out a settlement hierarchy, to be specific in setting out population targets and housing requirements and identify the quantum, location and phasing of residentially zoned and Town Centre/Mixed use zoned areas.

Table 2 Birr Town and Environs Core Strategy Table

Population Application of Total Area (ha) of Population Settlement Increase 336ha allocation Residentially Zoned 2006 2006-2016 (MRPGs) Lands available to 2015

Birr 4091 409 37.31 40 Crinkle 670 40 6.68 11.4 Riverstown 41 2 0.35 1.7 Total Birr Town and Environs 53.1

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3.5 Land Use Zoning Map

Following on from the Core Strategy table, the Birr Town and Environs Land Use Zoning Map (first adopted in February 2010 as part of the Birr Town and Environs Development Plan 2010-2016), are reviewed by this Core Strategy. The quantity of land zoned for housing development for the lifetime of the plan to 2016 has been reduced in order to more accurately reflect the population projections as outlined in the MRPGs. These revisions also reflect the revised settlement hierarchy and the refocused role of the three settlements. The revised zoning map is to be found to the back of this Core Strategy document.

3.6 Phased Lands

In the context of the lifetime of this development plan (up to 2016), a phasing approach is adopted to address lands identified as being surplus to the housing land requirement identified in the MRPGs. Phased Lands are lands that are zoned for residential use and are being excluded from being developed for housing over the lifetime of this plan. Therefore they are not included in the figure for the total area of residentially zoned lands available to 2016 in the Core Strategy Table.

The phasing approach has been applied as the overall quantity of zoned land in Birr Town and Environs is in excess of the quantity required in order to meet the population targets outlined in the MRPGs.

The revised zoning plan now includes housing lands that are phased for development. The phasing of lands is based on the analysis of the forward planning team and the land use zoning maps have been amended to reflect the current housing requirements identified for the current plan period.

These phased lands would, if fully developed on their own or in conjunction with other lands, meet and exceed the population targets.

There were a number of considerations when deciding to phase each individual parcel of residential zoned land. Much of the land is phased due to its distance from the settlement core – particularly where there are developable lands closer to the town centre. The sequential approach to the development of settlements is to be taken rather than a “leapfrog” approach that can result in disjointed, incoherent settlements and isolated housing developments. Other lands have been phased due to vulnerabilities or sensitivities – such as flooding, environmental or archaeological designations or topography.

It is anticipated that the lands that are not phased will be sufficient to cater for the residential development need that will occur to the expiration of this plan in 2016. The land use zoning map will be reviewed at the time of the next Birr Town and Environs Development Plan review.

The revised zoning map, outlining the phased lands, is to be found to the rear of this Core Strategy document.

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4 Policy

Strategy

BCSP-01 It is the Councils’ policy to implement the Core Strategy for Birr Town and Environs in order to be consistent with, and in accordance with, policies at a national level and regional level, in particular population targets and distribution.

BCSP-02 It is the Councils’ policy that future residential development proposals shall be located at a scale appropriate to the levels identified in the Core Strategy Table and the accompanying land use zoning map. Notwithstanding the existing policies in the Birr Town and Environs Development plan and other considerations in the assessment of residential development proposals, proposals should also be in accordance with the provisions of the Water Framework Directive; the Habitats Directive and any guidelines issued under Section 28 of the Planning and Development Acts 2000-2011.

Site identification should incorporate the following characteristics:

• develop sequentially from the centre of existing settlements and maintain the existing pattern and character of settlements and; • make efficient use of existing and proposed infrastructure and; • integrate with the existing transport network to help reduce the overall need to travel and encourage the use of alternatives to the car.

BCSP-03 It is the Councils’ policy that development will not be permitted where it conflicts with the Core Strategy.

Settlement Hierarchy

BCSP-04 It is the Councils’ policy to prioritise development in accordance with the settlement hierarchy identified in the Core Strategy and in the MRPGs.

Phasing and Development

BCSP-05 It is the Councils’ policy to permit residential development in Town centre and village core areas and residential zoned lands identified on the land use zoning maps as being required up to 2016 subject to all other planning considerations being met and in accordance with guidelines issued by the Minister in accordance with Section 28 of the Planning and Development Act 2000, as amended, ahead of residential development on any other lands. Page | 16

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BCSP-06 In order to ensure the implementation of the Core Strategy (which has been developed to ensure consistency between this development plan and the objectives of higher order plans at a regional and national level), it is the Councils’ policy that residential development proposals for multiple housing units on lands identified as being ‘phased’ will not generally be permitted by the Councils.

BCSP-07 It is the Councils’ policy that all activated and committed planning permissions located on lands identified for phasing shall be assessed in terms of the requirements set out in Section 42 of the Planning and Development Act 2000, as amended. Any applications for extension of duration of planning permission under Section 42 on lands identified as phased lands and where no development has commenced will not generally be considered favourably.

BCSP-08 It is the Councils’ policy to encourage residential development within the Town Centre and village cores which can take place on infill sites or brownfield sites.

Monitoring and Management

BCSP-09 Notwithstanding the amount of land made available for residential purposes to 2016, it is the Councils’ policy not to exceed, through the facilitation of residential development, the allocated housing land requirements set out for Birr Town and Environs in the MRPGs.

BCSP-10 It is the Councils’ policy to monitor and manage residential development in Birr Town and Environs, in line with national and regional development objectives, through the Core Strategy in this plan and also through the development management process. In this regard, it is the Councils’ policy to cooperate with the Midland Regional Authority as part of the monitoring and review approach.

BCSP-11 It is the Councils’ policy to ensure that development in urban areas maximises opportunities to reuse previously developed land and further, to use land in the most efficient way possible and appropriately according to the area in which it is located.

Housing and Retail Strategies

BCSP-12 It is the Councils’ policy that where there is any discrepancy in relation to population targets and/or housing land requirements, between the Core Strategy and the Housing Strategy and/or the Retail Strategy, the policies and objectives of the Core Strategy shall take precedence.

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Ongoing Developments

BCSP-13 It is the Councils’ policy to prioritise the completion of development where works are ongoing. In this regard, Offaly County Council and Birr Town Council will, where necessary, engage with developers, landowners and agencies involved to resolve outstanding issues and reach a satisfactory conclusion.

BCSP-14 It is the Councils’ policy to have regard to future DoECLG/Government guidance in relation to the satisfactory completion of developments where works are ongoing.

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5 Objectives

Strategy

BCSO-01 It is an objective of the Councils to seek to direct development in such a manner as is appropriate to achieve the overall aims of the Core Strategy.

BCSO-02 It is an objective of the Councils to monitor and manage the delivery of residential development throughout the County during the plan period through the development management process and also using accurate and recent statistics as and when they are published.

Developments that are ongoing

BCSO-03 It is an objective of the Councils to adequately address the completion of housing developments that are ongoing, where Offaly County Council or Birr Town Council have the capacity to do so, in accordance with DoECLG/Government guidance being issued.

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Part B: Riverstown Village Plan The Riverstown Village Plan was previously incorporated into the Offaly County Development Plan 2009- 2015. Riverstown village straddles the county boundary with the largest part of the village within the functional area of neighbouring North Tipperary County Council. This plan is for the part of Riverstown within the functional areas of Offaly County Council and Birr Town Council only.

1.0 General Introduction and Development Context Riverstown is a village arranged around the crossing point of the National Secondary Route the N52 over the River Brosna, 2km southwest of Birr Town. The River Brosna marks the county boundary between North Tipperary and Offaly and so the village is within the administrative area of both Councils. The bulk of the village is on the Tipperary side with the Offaly side having an estimated population of less than 60 persons, on the Offaly side the village is arranged in a dispersed pattern consisting mainly of detached residential dwellings with their own road boundaries and individual entrances. On the Offaly side of the River Brosna, Riverstown straddles the functional area of both Birr Town Council and Offaly County Council.

Riverstown is a village within Offaly’s settlement hierarchy, as set out in the Core Strategy of the County Development Plan 2009-2015. This plan is for the part of Riverstown that lies within the administrative areas of the Offaly Local Authorities. The Riverstown Village Plan is part of the Birr Town and Environs Development Plan, this is more appropriate considering its location within the environs and the town boundary.

This village plan for Riverstown pertains to that portion of the village within County Offaly only. It is recognised that the bulk of services provision, development and growth within ‘Riverstown’, in its entirety, will predominantly occur within the portion of Riverstown village located in County Tipperary.

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1.1 Settlement Form

The existing settlement within County Offaly is predominantly dispersed with a village nucleus running to the bridge over the Little Brosna River. The village mainly consists of a number of detached houses on large sites along the N52 and on Ballindarra Lane and a small number of semi-detached dwellings located in the centre of the portion of this village within County Offaly. Further, there are also a small number of farmsteads sited within the village.

The settlement has a very attractive setting, with the roads within Riverstown sloping down towards the Little Brosna River. Riverstown is a predominantly low rise and very low-density settlement, which contains a number of different building styles.

1.2 Context

Riverstown has been designated as a village within Offaly’s settlement hierarchy, as set out in the Core Strategy in The Offaly County Development Plan 2009-2015, which also allows for a very modest amount of development to take place over the lifetime of this plan. A village boundary has been identified for that portion of Riverstown Village within County Offaly and is shown on the accompanying map. This is intended to delineate an area, which will consolidate development within the delineated village boundary in order to protect the residential amenity of the area. This plan also includes phased land – the policies for phased lands are set out in the Core Strategies of the Offaly County Development Plan and the Birr Town and Environs Development Plan.

2.0 Services and Social Infrastructure

2.1 Water Supply

Riverstown is currently serviced by a Public Group Water Supply Scheme. The water for this scheme is provided by the Birr Public Scheme. Permitted development will be contingent on on-going improvement works and the provision of an adequate water supply.

2.2 Waste Water

Riverstown is serviced by a pumping station owned and operated by North Tipperary County Council. The pumped effluent from this station is treated by the Birr public waste water treatment facility.

2.3 Other Services

a) Social and Community Infrastructure

The majority of services within Riverstown are located within the County Tipperary portion of the settlement, including a national school and gift shop, and a licensed premises/restaurant is located

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within the Offaly portion of the village. The settlement also benefits from the services and amenities available in the larger neighbouring town of Birr.

b) Roads and Transport Infrastructure

Riverstown is located on the N52, southwest of the town of Birr.

c) Footpaths and Lighting

There are no formal footpaths at present within Riverstown. However, it is desirable that provisions be made to provide a network of footpaths, in line with future development, where feasible. Public lighting is currently provided within the settlement and it is envisaged that this too could be extended as the settlement expands.

The speed limit in place within Riverstown village is currently 50 km/hr.

2.4 Other Features

. Overall picturesque and rural character. . Attractive approach from the east - stone walls, mature trees and views downhill towards the river and the Tipperary side of the settlement. . Ballindarra Castle (site of) - Recorded in the Sites and Monuments Record for County Offaly is of archaeological significance. The castle was in the ownership of the O’ Carroll family in 1582 and passed into the ownership of various different parties until it fell in 1848. There are no visible remains at ground level. The remains of the castle bawn still exist on the site. . Attractive mature trees in the vicinity of the Little Brosna River. Particularly attractive cluster of trees in the vicinity of the site of Ballindarra Castle. . Little Brosna River - visually attractive and a valuable amenity within the settlement. . Town bridge - attractive bridge over the Little Brosna River, constructed in natural stone with 5 arches, it marks the centre of the settlement.

3.0 Key Messages for Riverstown

a) To allow for a moderate amount of development that is in accordance with the figures as set out in the Core Strategy in Offaly County Development and in the Core Strategy of the Birr Town and Environs Development Plan b) The portion of Riverstown village within County Offaly shall retain its current development levels. However, the promotion of infill development and redevelopment within the development boundary shall be consistent with Paragrah 14.4 of the Town and Environs Development Plan. c) The conservation of existing stone walls, trees and native hedgerows, and promotion of similar materials for new boundaries. d) High quality designs, which are reflective of the existing rural character of the village, without precluding high quality innovative contemporary designs.

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e) The conservation and protection of the Little Brosna River. f) Protection of the N52, its carrying capacity and traffic safety. g) Facilitate and encourage the development of commercial and employment opportunities within the village, where possible. h) Encourage the use of natural building and boundary materials.

4.0 General Development Objectives

4.1 The Main Objectives Driving Village Development are as Follows:

. Facilitate people to live in high quality, primarily low density housing in a rural village location. . Encourage and sustain existing services at a local level. . Reinforce the attractive rural village which exists at present by encouraging and permitting appropriate and sensitively designed re-development of the existing derelict buildings. . Create commercial and employment opportunities, where possible.

4.2 Growth Rate

The rate of growth must be in accordance with the Core Strategy, the guidance as set out in the Sustainable Residential Development in Urban Areas: Guidelines for Planning Authorities and the availability of services (including physical and social provisions). Please be advised however that having regard to existing physical features/constraints which exist within that portion of this village within County Offaly, it is considered that the future development of Riverstown will most likely, predominantly occur within that portion of the village sited within County Tipperary.

4.3 Priorities

a) Promote consolidation of development within the development boundary as shown on the accompanying plan. b) Improve the existing road network and provide footpaths, where feasible. c) Create / reinforce gateway features to engender a sense of place and delineate the village. d) Encourage and facilitate co-operation between / amongst the different development interests in order to maximise community gain, for the greater good of the settlement.

4.4 Shape and Form

Riverstown village will continue to be a predominantly rural settlement and small-scale infill development or redevelopment which is reflective of its rural character only will be permitted.

All new development will be expected:

Page | 23

Variation No. 1 of the BTEDP 2010-2016 2013

. To comply with the land use zoning objectives contained in the Birr Town and Environs Development Plan 2010-2016. . To have and illustrate an understanding of the local style and character. . To be designed and laid out in a coherent and sympathetically integrated manner, which is commensurate with the size and scale of this village. . To respect the mainly rural nature of the settlement with sensitive landscaping. . To re-use wherever possible any existing buildings/out buildings within the village boundary in order to maintain the character of the village.

Of particular note: -

Development shall be well designed with a view to maintaining and enhancing the existing attractive rural character of the village. The Council will resist inappropriate suburban styles.

4.5 Design

Development shall be well designed with a view to maintaining and enhancing the existing attractive rural character of the village. The Council will resist inappropriate suburban styles.

5.0 Specific Development Objectives

5.1 Archaeology

It is an objective of the Council to secure the protection (i.e. preservation in situ or at a minimum protection by record) of all Recorded Monuments included in the Record of Monuments and Places as established under Section 12 of the National Monuments (Amendment) Act 1994, and their setting.

5.2 Protected Structures

A complete list is contained within the Record of Protected Structures for the County. Policies contained within Volume 1 of the plan will apply.

5.3 Amenities (Open Space)

It should be noted that whilst there is no formal public open space within the portion of Riverstown village in County Offaly, the Little Brosna River provides a valuable amenity and is also visually attractive. Further, a small area of civic open space within Riverstown located in County Tipperary is currently the only provision within this settlement in its entirety. It takes the form of a small paved area with seating located on the banks of the river.

Page | 24

Variation No. 1 of the BTEDP 2010-2016 2013

5.4 Trees and Boundaries

An attractive and comprehensive network of old stone walls and mature hedgerow are contained within the settlement of Riverstown. Their presence contributes significantly to the attractiveness and rural character and distinctiveness of this village. It is the Council’s policy to preserve and protect these stone walls and hedgerow, insofar as is possible.

New development should ensure the protection of mature trees, hedgerows and the conservation of existing stone walls, and their integration into new development. Where the provision of new boundaries are required, these should comprise native hedgerow planting, or stone walls which consist of stone found in the locality. Where comprehensive new development occurs, it should take into account the pattern of existing hedgerows and incorporate same into layouts or plant connecting hedgerows where hedgerow removal to facilitate development works is necessary. The Council will require that all new development will respect the predominantly rural nature of the settlement, in particular through the provision of sensitive landscaping schemes. In the event that the removal of tree(s) is deemed to be necessary, it will be conditional on replacement with appropriate species.

5.5 Local Issues

a) The incremental provision of footpaths. b) Adequate lighting to be provided along all routes within the enclosed settlement, over time. c) Progressively underground overhead cables. d) Enhancement of ‘gateway’ features and natural edges as the opportunities arise, so as to increase the sense of place and character of the settlement.

5.6 Zoning Objectives

Lands within the village boundary are formally zoned under this plan. The zoning objectives are those contained within the Birr Town and Environs Development Plan 2010-2016.

In the case of ‘residential’ zoning, no maximum or minimum densities are specified in this plan. However, the Core Strategy adopted as part of Variation No.1 of the Birr Town and Environs Development Plan 2010-2016 provides for a moderate level of residential development in Riverstown. Large-scale multiple housing unit developments are not appropriate and are not provided for on the zoned lands of the village.

For the purposes of this Riverstown Village Plan, lands designated ‘Other Settlement Lands’ shall have the objectives and meaning assigned to them in Paragraph 18.3.3 and Table 18.1 of the Offaly County Development Plan 2009-2015.

Page | 25

Appendix A:

Strategic Environmental Assessment Screening Report with Addendum

Offaly County Council Birr Town Council

SEA Screening Report

Proposed Variation No. 1 of the Birr Town and Environs Development Plan 2010-2016:

A: Include a Core Strategy B: Include Riverstown Village Plan

And:

Proposed Variation No. 3 of the Offaly County Development Plan 2009-2015:

A: Remove Riverstown Village Plan from Volume 2

Date: November 2012 SEA Screening Report for Variation No. 1 of the Birr Town and Environs Development Plan 2010-2016

SEA Screening Report for Variation No. 1 of the BTEDP 2010-2016 and Variation No.3 of the OCDP 2009-2015

CONTENTS SHEET

1. Introduction And Background ...... 4 1.1 Location And Brief Description ...... 4 1.2 Pre-Screening Check ...... 5 1.3 Purpose Of The Variation ...... 5 1.4 Aims ...... 6 2. Screening Check ...... 7 2.1 Baseline Information ...... 7 3. Criteria For Determining The Likely Significance Of Environmental Effects ...... 11 3.1 Characteristics Of The Proposed Variation ...... 11 3.2 Characteristics Of The Effects And Of The Area Likely To Be Affected ...... 12 5. Conclusion ...... 14 6. Recommendation ...... 14 Appendix A: ...... Variation No. 1 Appendix B: ...... Appropriate Assessment Appendix C: ...... Submissions Received

SEA Screening Report for Variation No. 1 of the BTEDP 2010-2016 and Variation No.3 of the OCDP 2009-2015

1. INTRODUCTION AND BACKGROUND

Offaly County Council and Birr Town Council are jointly preparing a variation to the Birr Town and Environs Development Plan 2010-2016. The purpose of this variation is to incorporate the Core Strategy, as required by the Planning and Development Act 2010, and to include the Riverstown Village Plan, which is currently included in the Offaly County Development Plan 2009-2015. A concurrent variation is also being made to the Offaly County Development Plan 2009-2015 to remove the Riverstown Village Plan from Volume 2.

The Birr Town and Environs Development Plan 2010 – 2016 was adopted in January 2010 and Variation no. 1 will be carried out in accordance with Section 13 of the Planning and Development Acts 2010-2011. Birr is designated as a Key Service Town in West Offaly. In the census of 2011, Birr Town and Environs had a stated population of 5,822 people. The Planning Authority for the town itself is Birr Town Council while Offaly County Council is the planning authority for the environs area.

Article 13(K) of the Planning and Development (Strategic Environmental Assessment) Regulations 2004 (as amended by S.I. No. 200 or S.I. No. 201 of 2011) requires that where a planning authority proposes to make a variation of a development plan, it shall first consider whether or not the proposed variation would be likely to have significant effects on the environment. The criteria against which this is to be assessed are set out in Schedule 2A of the Planning and Development (Strategic Environmental Assessment) Regulations 2004 (as amended by S.I. No. 200 or S.I. No. 201 of 2011). This report outlines this screening process and considerations, the process will conclude with a determination as to whether the proposed variation requires a Strategic Environmental Assessment.

1.1 LOCATION AND BRIEF DESCRIPTION

Map 1.1 in variation No. 1 shows the location of the Birr Town and Environs within County Offaly and its designation within the settlement hierarchy. The River Camcor flows through the town before meeting the River Brosna at the western town boundary, the River Brosna is a tributary of the River Shannon.

Birr town and environs comprises of three distinct settlements: Birr, Crinkle and Riverstown. Birr town is the largest and boasts a rich Georgian heritage evident in the layout of its streets and public spaces as well as its buildings throughout the town centre, suburban residential areas built over different periods since the nineteen forties extend from the town centre. Crinkle village developed beside the military barracks in the late nineteenth century and the village centre adjoins the old barrack walls. The majority of Riverstown lies to the west of the River Brosna within the functional area of North Tipperary, the part within County Offaly is a dispersed settlement of mainly detached residential dwellings but with a small terraced streetscape that runs downhill to the bridge.

As can be seen in Table 1.1, below the town and environs has experienced moderate growth in population since the census in 2006.

Table 1.1 Population Change in Birr Town and Environs

CSO 2011 Males Females 2006 2011 Percentage 2011 2011 Change 2006-2011

Birr Town 2149 2279 4091 4428 8.2 Environs 517 507 962 1024 6.4 Birr Town and Environs 2666 2786 5053 5452 7.3

SEA Screening Report for Variation No. 1 of the BTEDP 2010-2016 and Variation No.3 of the OCDP 2009-2015

1.2 PRE-SCREENING CHECK

In accordance with Article 13(K) of the Planning and Development (Strategic Environmental Assessment) Regulations 2004 (as amended by S.I. No. 200 or S.I. No. 201 of 2011) requires that where a planning authority proposes to make a variation of a development plan, it shall first consider whether or not the proposed variation would be likely to have significant effects on the environment.

The Council is cognisant that the size of the plan area or the likely population envisaged alone should not be the sole determinant of whether the plans would be likely to have significant effects on the environment, and that the decision to require a SEA, or not, will be influenced by the nature and extent of development likely to be proposed or permitted and the plan’s location, for example close to or covered by nature designation, other designation, sensitive areas etc.

This screening process will take into account all of the relevant criteria set out in Schedule 2A of the Planning and Development Regulations (Strategic Environmental Assessment) 2004.

1.3 PURPOSE OF THE VARIATION

The current Birr Town and Environs Development Plan 2010-2016 was adopted in January 2010 and includes a written statement and zoning map.

The inclusion of the Core Strategy in the Birr Town and Environs Development Plan is a requirement introduced by the Planning and Development (Amendment) Act 2010. The Core Strategy for County Offaly has already been incorporated into the Offaly County Development Plan 2009-2015 in Variation No. 1 of that plan and this Core Strategy will be consistent with that plan.

This proposed Variation No. 1 supplements and supersedes, where relevant, the content of certain sections of the Birr Town and Environs Development Plan – in particular Chapters 1 and 3 of the current plan (“Introduction and Vision” and “Development Strategy”). The Core Strategy, specifically the inclusion of phased undeveloped residential land, will impact on the possible development of the Local Area Strategies within the lifetime of this plan.

Part B of the proposed variation incorporates the Riverstown Village Plan into the Birr Town and Environs Development Plan 2010-2016. The concurrent variation, Variation No. 3 to the Offaly County Development Plan 2009-2015 removes the Riverstown Village Plan from Volume 2 of that plan.

1 Source: DoEHLG Circular and Guidance Notes on Core Strategies, November 2010. 5

SEA Screening Report for Variation No. 1 of the BTEDP 2010-2016 and Variation No.3 of the OCDP 2009-2015

1.4 AIMS

The Core Strategy will have the following principal aims:

Aims of Core Strategy To strengthen the role of the Birr Town and Environs Development Plan in implementing the objectives of higher order plans, where appropriate.

1. To ensure that the Birr Town and Environs Development Plan 2010-2016 is consistent with national and regional planning strategies, guidelines and policies including national and regional population targets. 2. To develop an evidence based settlement strategy that provides a framework within which sustainable infrastructure, amenities, economic investment and development can be provided in a manner that maximises the use of resources in the Town and Environs, for current and future generations. 3. To ensure compliance with the requirements of the Planning and Development Acts 2000-2011. 4. To provide for the growth of Birr Town and Environs towards a long term target population and develop the town in its role as a Key Service Town as set out in the settlement strategy in the Midland Regional Planning Guidelines. The continuing support for appropriately scaled development within and adjoining the town centre, in a sequential manner, will remain a priority while recognising the role that new infrastructure and public transportation links will play in future. 5. To ensure a high level of environmental protection in the implementation of the policies and objectives of the plan through the observance of all legal requirements with regard to Strategic Environmental Assessment, Habitats Directive Assessment, Water Framework Directive and Floods Directive, as appropriate. 6. To ensure that the quantity and location of land zoned for development in the Development Plan will accommodate the level of development anticipated over the plan period and supports the priorities for growth indicated in the settlement hierarchy. 7. To ensure that future development will integrate with the existing and planned transport and services infrastructure such as road, rail and water services infrastructure in order to utilise them in the most efficient way possible (as per priority investments outlined at national and regional level). 8. To ensure that development over the lifetime of this plan is monitored and managed so as to achieve the overall objectives of this strategy.

A strong written statement will be put in place and there will be a renewed emphasis on monitoring and management of development in the town as a result of this variation. The aims of the Core Strategy are largely consistent with those of the existing plan and with those of the Offaly County Development Plan since its Core Strategy was adopted.

The purpose of removing the Riverstown Village Plan from Volume 2 of the Offaly County Development Plan 2009-2015 and including it in the Birr Town and Environs Development Plan 2010-2016 is to more accurately reflect the location of the village, located partly within the Birr Town administrative area and the Town Environs area.

SEA Screening Report for Variation No. 1 of the BTEDP 2010-2016 and Variation No.3 of the OCDP 2009-2015

2. SCREENING CHECK

The key to deciding if SEA will apply will be whether the plan would be likely to have significant effects on the environment, having regard to size of the area, the nature and extent of the development likely to be accommodated by the plan, and the plan’s location i.e. close to or within statutory designations etc.

Screening of Variation No. 1 of the Birr Town and Environs Development Plan 2010-2016 and Variation No. 3 of the Offaly County Development Plan 2009-2015 will be carried out having regard to available baseline information and based on the criteria in Schedule 2A to the Planning and Development (SEA) Regulations 2004.

2.1 BASELINE INFORMATION

This is described briefly below having regard to the extent to which the relevant categories are applicable to the proposed plan area. The locations of Aquifer Protection Zones, Designated Sites, Benefiting Land, SMRs, Areas of High Amenity and Protected Structures are outlined in Map 5.2, Map 10.1, Map 10.2, Map12.1 and Map 13.1 of the Birr Town and Environs Development Plan 2010-2016. Table 2.1 outlines each relevant category of designated site.

Table 2.1

Designated Sites

Special Area of Conservation (SAC) There are no SACs within the plan boundary. The nearest SAC is Lisduff Fen Site Code: 0002147 south of the town. The River Brosna flows to the River Shannon to the north west of the town. The River Shannon Callows is a designated SAC (Site Code:004096), SPA (Site Code: 000216) and pNHA (Site Code: 000216). Special Protection Area (SPA) There are no SPAs within the plan boundary. Dovegrove Callows SPA, Site Code 004137 lies to the northwest of the town boundary. Natural Heritage Area (NHA) There are two proposed Natural Heritage Area (Site Codes: 000568 and 000569) within the plan boundary; these sites are houses with bat roosts in the attic. Record of Protected Structures (RPS) There are 341 Protected Structures within the town and environs boundary – Birr Castle, the Buildings of Oxmantown Mall and the arches of Crinkill Barracks are notable examples. Record of Monuments and Places There are a number of SMRs located within the town and (SMR) environs boundary. Notably the zone of urban archaeological potential within the town centre. It is an objective (BTEO 12- 07) of the Town and Environs Development Plan to secure the protection or preservation of SMRs, and hence this variation is not considered to have any negative effect on this aspect of the town’s heritage.

SEA Screening Report for Variation No. 1 of the BTEDP 2010-2016 and Variation No.3 of the OCDP 2009-2015

Demographic Data: The results of Census 2011 found that the total population in Birr Town and Environs is 5,452. In accordance with the provisions of the Planning and Development (Amendment) Act 2010, this Core Strategy Variation will provide for the orderly and sequential development of the town which will be consistent with the population, housing and housing land requirements set out in the MRPG’s for Offaly. Within the recently adopted MRPG’s, the following figures have been allocated to all of County Offaly outside of the Gateway town of Tullamore for the period 2006-2016:

1. Target population growth: 3,966 2. Projected number of units: 1,653 3. Hectares of housing land required: 207

This allocation of 3,966 population must be shared across all of the County’s zoned settlements, in accordance with the County settlement hierarchy. This translates to reduced population targets for each of the zoned settlements. Birr is a Key Service Town2 in the County settlement hierarchy included in the Core Strategy adopted as part of Variation No. 1 of the County Development Plan. The allocation of population, housing units and housing land set out in the MRPGs and allowed for in Variation No.1 of the County Development Plan is significantly less than what the current Birr Town and Environs plan has provided for, the purpose of this variation is to address this incongruity.

The over-provision of undeveloped lands for residential development within the current Birr Town and Environs Development Plan is now being addressed to ensure consistency with the allocations set out in the RPG’s.

Water: Drinking water is currently abstracted from the River Camcor. The supply is currently at or near capacity, a recent water mains rehabilitation scheme has proved successful. There is an application in process to increase abstraction from the River Camcor, with a decision pending from An Bord Pleanála. No development will be permitted without provisions for an adequate water supply being made. The Riverstown water supply is sourced from North Tipperary County Council. It is not envisaged that the proposed variation will have a significant impact on the water supply.

Waste Water: Birr Wastewater Treatment Works has a design capacity of 12,000PE and discharges to the Little Brosna River. It is on the WSIP as a scheme at planning stage to increase the capacity to 15,000PE. Birr sewerage scheme network and storm tank is on the WSIP as a contract to start 2010 – 2013. No development will be permitted without provisions for an adequate water supply being made.

Flooding: The developed areas in Birr Town and Environs largely avoid the natural flood plains of the River Little Brosna and, its tributary, the Camcor River. In accordance with The Planning System and Flood Risk Management Guidelines 2009, Flood risk is a key consideration in the designating of land for development and assessment of planning applications. Publication by the OPW of Flood Hazard Mapping is due in 2013 and the final Shannon Catchment Flood Risk Assessment and Management (CFRAM) is due to be published in 2015. However there are a number of sources of information currently available regarding flood risk within Birr town and environs including historic reports but also the Preliminary Flood Risk Assessment flood zone maps published in 2011 by the OPW (as part of the preparation of the Shannon CFRAM). Map 1 on the following page shows the extent of Flood Zone A (1 % Annual Exceedance Probability) and Flood Zone B (0.1% AEP) flood events in the town and environs.

2 Other Key Service Towns are Edenderry and Portarlington. 8

SEA Screening Report for Variation No. 1 of the BTEDP 2010-2016 and Variation No.3 of the OCDP 2009-2015

Map 1: Flood Zones in Birr

SEA Screening Report for Variation No. 1 of the BTEDP 2010-2016 and Variation No.3 of the OCDP 2009-2015

Landscape: Much of the area is classified as ‘low sensitivity’ in the Offaly County Development Plan 2009- 2015. The Slieve Blooms lie to the southeast of the town and the River Shannon to the northwest. It is not envisaged that the development of the zoned areas in the town plan would detract in any way from these sensitive landscapes.

SEA Screening Report for Variation No. 1 of the BTEDP 2010-2016 and Variation No.3 of the OCDP 2009-2015

3. CRITERIA FOR DETERMINING THE LIKELY SIGNIFICANCE OF ENVIRONMENTAL EFFECTS

3.1 CHARACTERISTICS OF THE PROPOSED VARIATION

1. The degree to which the plan sets a framework for projects and other activities, either with regard to the location, nature, size and operating conditions or by allocating resources,

Variation No. 1 proposes significant changes to the zoning land use plan which acts as a strategic land use framework for the sustainable development of Birr Town and its immediate environs. This variation also includes the adoption of Riverstown Village Plan which was, up to now included in the Offaly County Development Plan and focuses on a small part of the overall village settlement of Riverstown.

As can be seen from the Aims outlined in Section 1.4, the focus of the Core Strategy will be on the provision for the growth of Birr Town and Environs towards a long term target population and develop the town in its role as a Key Service Town. Having regard to the population targets outlined in the MRPGs and in the Core Strategy in the Offaly County Development Plan 2009-2015, the undeveloped zoned land available for residential development within the lifetime of this plan will be significantly reduced by this variation. Consequently, as the primary aim of the plan is one of consolidation rather than expansion, the impacts on the environment are unlikely to be significant – where large-scale individual projects are proposed within the plan boundary they will be the subject of E.I.A as required in Schedules 5 and 7 of the Planning and Development Regulations 2001-2012.

Variation No.3 of the Offaly County Development Plan 2009-2015 consists of the removal of Riverstown village plan from Volume 2 of that plan – so as to facilitate its conclusion in the Birr Town and Environs Development Plan, while there may be minor revisions to the written statement and phased lands, the purpose of both variations is mainly for clarity and administrative reasons.

It is considered that the proposed variations will have environmental implications but these are not likely to be significant in terms of the criteria set out in Schedule 2A of S.I. No. 436/2004.

2. The degree to which the plan influences other plans, including those in a hierarchy,

The variation is to the Birr Town and Environs Development Plan 2010-2016, while the plan is not subsidiary to the Offaly County Development Plan 2009-2015, regard will be had to the Core Strategy adopted as part of variation No.1 of that plan and of the population targets set out in the Midland Regional Planning Guidelines 2010. The Town and Environs Development Plan and this variation, by its nature will focus on Birr Town and Environs only and the activities therein and will have negligible influence on other plans.

Variation No. 3 of the Offaly County Development Plan 2009-2015 is to remove Riverstown Village Plan form that plan – overall this is a very minor amendment to that plan.

3. The relevance of the plan for the integration of environmental considerations in particular with a view to promoting sustainable development

The proposed variation is to the existing Birr Town and Environs Development Plan which contains policies and objectives that support the protection and enhancement of the built and natural environment and have been the subject of SEA and AA assessment at the time of adoption. The main impact of the variation itself

SEA Screening Report for Variation No. 1 of the BTEDP 2010-2016 and Variation No.3 of the OCDP 2009-2015 is to reduce the quantity of land available for residential development over the lifetime of this plan. The rationale for designating lands as phased was based on the sequential approach as well as considerations of environmental constraints and flooding, effectively this will allow for new development in proximity to the existing town centre and creating a viable and vibrant urban environment, thereby promoting Birr as an attractive place to live, work and visit.

It is considered that the renewed focus on sequential development will promote sustainable transport through methods such as the provision for additional vehicular, cycling and pedestrian routeways and providing for alternatives to car based transport thus aiming to reduce carbon inefficient transport.

4. Environmental problems relevant to the proposed Variation

The proposed variation is to reduce the overall quantity of housing land available for development within the lifetime of this plan in accordance with the figures as outlined in the MRPGs and Core Strategy of the Offaly County Development Plan. The variation to the Birr Plan also includes Riverstown Village Plan which is being simultaneously removed from the Offaly County Development Plan 2009-2015. The existing plan contains many policies and objectives that will mitigate against adverse impacts on the environment as a result of any new development in the plan area. All new development that will require planning permission will be assessed against these policies and objectives and any potential negative impacts of the development on the environment will be mitigated or avoided through adherence to the plan. The variation itself does not have any environmental problems related to it in particular.

5. The relevance of the plan for the implementation of European Union legislation on the environment (e.g. plans linked to waste-management or water protection)

The proposed variation to include the Core Strategy is to comply with the requirements of the Planning and Development Act 2010, the principles of sustainable development are being applied and the Habitats Directive and Birds Directive as well as any other relevant legislation are considered throughout. The removal of the Riverstown Village Plan from the County Development Plan and its inclusion in the Town and Environs Development Plan will not impact on the implementation of European Union legislation.

3.2 CHARACTERISTICS OF THE EFFECTS AND OF THE AREA LIKELY TO BE AFFECTED, HAVING REGARD, IN PARTICULAR, TO:

1. the probability, duration, frequency and reversibility of the effects,

The development of zoned lands in the plan area will result in minor impacts on wider environmental resources, locally to the site and more widely over the construction phase and when development is operational. Any long term effects that are likely to occur are unlikely to be readily reversed. Potential impacts will relate to noise, traffic, surface water drainage, water supply, wastewater and built and natural heritage. Policies to mitigate the impact of these effects are included in the Birr Town and Environs Development Plan. As the outcome of this variation is to reduce the quantity of land available for housing development within the lifetime of this plan, it is considered that the long-term effects of this variation will be positive.

2. the cumulative nature of the effects

Development, including traffic, increase in public services and a slight increase in population will have a cumulative impact on natural heritage and cultural heritage assets. However, policies to protect archaeological sites, monuments and protected structures are already included in the Birr Town and Environs Development Plan. Considering that the outcome of the Core Strategy variation will be a reduced

SEA Screening Report for Variation No. 1 of the BTEDP 2010-2016 and Variation No.3 of the OCDP 2009-2015 quantity of land available for residential development, it is considered that this variation will reduce the overall potential cumulative impact of development provided for in the development plan.

3. the transboundary nature of the effects,

Birr Town lies on the west border of County Offaly, adjoining North Tipperary. The Riverstown Village plan is to be included in the Birr Town and Environs Development Plan, however it is considered that the scale of the development likely to be permitted within the boundary of this plan area will not have significant environmental impacts on surrounding areas.

As the wastewater treatment plant discharges to the Little Brosna River there may be downstream impacts however these will be assessed through the application for a discharge licence and future plans regarding the capacity of the receiving waters will be guided and assessed by the provisions of the Shannon River Basin Management Plan.

4. the risks to human health or the environment (e.g. due to accidents),

It is not anticipated that the implementation of the variation will result in any risks to human health in particular.

There are no designated SEVESO sites within the plan area.

5. the magnitude and spatial extent of the effects (geographical area and size of the population likely to be affected).

The spatial extent and magnitude of the vast majority of the effects of the variation will be limited to the subject lands themselves. The policies and objectives contained within the Birr Town and Environs Development Plan already seek to avoid, mitigate and limit these effects through such methods as the promotion of more sustainable transport and compliance with the Water Framework Directive.

6. the value and vulnerability of the area likely to be affected due to:

(a) special natural characteristics or cultural heritage, There are no significant effects envisaged. The Council’s overall policies on SMRs, pNHAs and protected structures are already included in the Birr Town and Environs Development Plan and are not affected by the proposed variation.

(b) exceeded environmental quality standards or limit values, Development proposals will be assessed, as is normal planning practice, as regards their acceptability and as such will not be permitted unless adequate treatment can be assured.

(c) intensive land-use, It is considered that no negative effects will occur because policies contained within the plan facilitate the promotion of consolidation and small scale, moderate growth within and adjoining the existing footprint of the town.

7. the effects on areas or landscapes which have a recognised national, European Union or international protection status.

The majority of the plan area is located within a ‘low sensitivity’ landscape area as designated by the landscape characterisation section of the County Development Plan 2009 – 2015 and there are no major impacts anticipated here.

SEA Screening Report for Variation No. 1 of the BTEDP 2010-2016 and Variation No.3 of the OCDP 2009-2015

There is High Sensitivity landscape designation along the esker to the southwest of the town centre, the proposed variation will actually reduce the potential impact on this area as lands are being designated as phased lands in these locations.

4. Submissions Received

As part of the SEA Screening, the following statutory bodies were consulted. • Environmental Protection Agency (EPA); • Department of Environment, Community and Local Government (DoECLG); o Copy also sent to Department of Arts, Heritage & the Gaeltacht, having regard to the recent transfer of Heritage and NPWS Section from former Department of Environment, Heritage and Local Government. • Department of Communications, Energy and Natural Resources (DCENR) • Department of Agriculture, Marine and Food (DoAMF) • Adjoining Planning Authorities.

One submission was received from the EPA. The EPA raised two specific comments on the proposed variations. The first requested consideration should be given to clarifying whether the development of the Plan area will take place over a series of discrete phases. It is not intended that phasing beyond what is already included in the development plan in this variation. The Sequential Approach will also be applied to ensure that development will not be isolated from the services of the town centre. The submission also suggests that there may be merits in considering the establishment of a Joint Spatial Plan for Riverstown Village and its surrounds with North Tipperary County Council to ensure that a coordinated approach is taken to development of the area as a whole. Offaly County Council has previously co-operated with adjoining planning authorities to make a joint Local Area Plan for a larger settlement elsewhere in the County, however there are no plans at present for a Joint LAP for Riverstown.

5. CONCLUSION

Offaly County Council considers that, having regard to all of the foregoing including the submission received from the EPA, that both the proposed Variation No.1 of the Birr Town and Environs Development Plan 2010-2016 and the proposed Variation No. 3 of the Offaly County Development Plan 2009-2015 will have environmental implications but these are not likely to be significant in terms of the criteria set out in Schedule 2A of S.I. No. 436/2004 and therefore an SEA is not deemed necessary. It is to be noted that due regard has been afforded to sustainable development in the preparation of this variation, and decisions made within the plan area will continue to be consistent with the sustainable development of the area.

6. Recommendation

It is hereby recommended, based on the above considerations and assessment, that a full Strategic Environmental Assessment for the proposed Variation No.1 to the Birr Town and Environs Development Plan 2010-2016 to include a Core Strategy and a Village Plan for the settlement of Riverstown is not required.

In addition, it is hereby recommended, based on the above considerations and assessment, that a full Strategic Environmental Assessment for the proposed Variation No.3 to the Offaly County Development Plan 2009-2015 to remove the Village Plan for the settlement of Riverstown from Volume 2 of that plan is not required.

Addendum No. 1

to the

SEA Screening Report for

Variation No. 1 of the Birr Town and Environs Development Plan 2010-2016:

and:

Variation No. 3 of the Offaly County Development Plan 2009-2015

Introduction

The SEA Screening Report for the Proposed Variation No. 1 to the Birr Town and Environs Development Plan 2010-2016 and Proposed Variation No. 3 of the Offaly County Development Plan 2009-2015 was completed in August 2012 and was circulated to the Environmental Authorities. A response was received from the Environmental Protection Agency.

The Screening report concluded that Proposed Variation No. 1 to the Birr Town and Environs Development Plan 2010-2016 and Proposed Variation No. 3 to the Offaly Development Plan 2009-2015, do not require any further assessment to demonstrate compliance with the Directive.

The Manager’s Report of January 2013 proposes a number of alterations to the proposed variation that are described as non-material. These alterations should now be assessed having regard to available baseline information outlined in the original SEA screening report and based on the criteria in Schedule 2A to the Planning and Development (SEA) Regulations, 2004.

The key to deciding if SEA will apply will be whether these amendments to the variation would be likely to have significant effects on the environment, having regard to size of the area, the nature and extent of the development likely to be accommodated by these amendments, and the plan’s location i.e. close to or within statutory designations etc.

Assessment of Recommended Changes

The proposed amendments are set out below:

Recommended Amendment No. 1:

Replace Map 2 showing flood zone A and B with one showing flood Zones and zoning plan.

Assessment

This amendment is for clarification and illustrative purposes only, it does not affect the location or quantity of land zoned. The proposed alteration does not change the conclusion of the initial SEA screening and it is not envisaged that it will have any significant impacts on the environment.

Recommended Amendment No. 2:

Include the following text in Riverstown Village Plan:

Assessment

This amendment is for clarification purposes only, it does not change the status of the subject lands from that that currently appears in Volume 2 of the Offaly County Development Plan 2009. The proposed alteration does not change the conclusion of the initial SEA screening and it is not envisaged that it will have any significant impacts on the environment.

Recommended Amendment No. 3:

Paragraph 3.1

...This Core Strategy puts in place a framework that will support and encourage moderate targeted population growth throughout the lifetime of this plan to 2016...

Assessment

This amendment is for clarification purposes only, it does not change the quantity of land zoned or the projected population for Birr Town. The proposed alteration does not change the conclusion of the initial SEA screening and it is not envisaged that it will have any significant impacts on the environment.

Recommended Amendment No. 4:

Amend table 1 as below:

Table 1 Settlement Hierarchy (extract from the Core Strategy Table of the Offaly CDP and also the MRPGs) Tier Settlement Settlement Defined Strategic Role Role Tier 2 Key Service Birr These towns are important drivers for local economies in Town areas that are more remote from main population centres. Well established economic, administrative and social functions are provided within these areas.

Assessment

This amendment is for clarification purposes only, it does not change the Core Strategy Table or the projected population for Birr Town. The proposed alteration does not change the conclusion of the initial SEA screening and it is not envisaged that it will have any significant impacts on the environment.

Conclusion:

The proposed amendments to Variation No. 1 of the Birr Town and Environs Development Plan 2010- 2016 and Variation No. 3 of the Offaly County Development Plan 2009-2015 are not material and having regard to the criteria in Schedule 2A to the Planning and Development (SEA) Regulations 2004 (as amended) , the Planning Authority is satisfied that the recommended changes to the plan , if adopted, do not change the decision set out in the screening report. Therefore should the amendments to the variations be adopted as proposed, a full SEA is not required.

Appendix B:

Appropriate Assessment Screening Report with Addendum

Offaly County Council Birr Town Council

Appropriate Assessment Screening Statement

Proposed Variation No. 1 of the Birr Town and Environs Development Plan 2010-2016:

A: Include a Core Strategy B: Include Riverstown Village Plan

And:

Proposed Variation No. 3 of the Offaly County Development Plan 2009-2015:

A: Remove Riverstown Village Plan from Volume 2

Date: November 2012 AA Screening Report for Variation No. 1 of the BTEDP 2010-2016 and Variation No.3 of the OCDP 2009-2015

Document Control

Document: Appropriate Assessment Screening Proposed Variation No. 1 of BTEDP & Variation No. 3 OCDP Project: Appropriate Assessment Screening Proposed Variation No. 1 of BTEDP & Variation No. 3 OCDP

Client: Offaly County Council

File Origin: G:\CE0\CE08811\P-03 Execution\11 EP\01 Reports\AA Screening

Document Checking:

Primary Author: CAS Signed:

Contributor: CAS Signed:

Review By: TH Signed:

Issue Date Status Checked for Issue

1 3rd August 2012 Draft for Client Review CAS

2 16th August 2012 Draft for Client Review CAS

AA Screening Report for Variation No. 1 of the BTEDP 2010-2016 and Variation No.3 of the OCDP 2009-2015

Contents

1 Introduction ...... 2 1.1 Background ...... 2 1.2 Legislative Background ...... 3 2 Methodology ...... 4 2.1 Introduction ...... 4 2.2 Brief Overview of Appropriate Assessment Methodology...... 4 2.3 Cumulative Effects ...... 6 3 Overview of Proposed Variations ...... 8 3.1 Purpose of Proposed Variation No. 1 ...... 8 3.2 Part A: Include a Core Strategy ...... 8 3.3 Part B: Include Riverstown Village Plan ...... 10 3.4 Purpose of Proposed Variation No. 3 ...... 11 4 Appropriate Assessment Screening ...... 12 4.1 Introduction ...... 12 4.2 Management of the Site ...... 12 4.3 Natura 2000 Sites in and within 15 km of the Plan Area ...... 13 4.4 Conservation Objectives ...... 17 4.5 Assessment Criteria ...... 25 4.5.1 Describe the individual elements of the project (either alone or in combination with other plans or projects) likely to give rise to impacts on the Natura 2000 sites...... 27 4.5.2 Describe any likely direct, indirect or secondary impacts of the project (either alone or in combination with other plans or projects) on the Natura 2000 sites by virtue of:...... 29 4.5.3 Describe any likely changes to the site arising as a result of: ...... 34 4.5.4 Describe any likely impacts on the Natura 2000 site as a whole in terms of:..... 37 4.5.5 Provide Indicators of significance as a result of the identification of effects set out above in terms of; ...... 37 4.5.6 Describe from the above those elements of the project or plan, or combination of elements, where the above impacts are likely to be significant or where the scale or magnitude of impacts is not known...... 38 4.6 Finding of No Significant Effects Report Matrix ...... 38 5 Conclusion ...... 42

Figures

Figure 1 - Natura 2000 Sites within the Town and Environs Plan Area and within 15km of the Town Plan Area

AA Screening Report for Variation No. 1 of the BTEDP 2010-2016 and Variation No.3 of the OCDP 2009-2015

1 Introduction

1.1 Background

This is the Appropriate Assessment (AA) Screening Report of Proposed Variation No. 1 of the Birr Town and Environs Development Plan 2010-2016 and Proposed Variation No. 3 of the Offaly County Development 2009-2015. The purpose of this report is to evaluate whether or not Proposed Variation No. 1 and Proposed Variation No. 3 is likely to significantly affect Natura 2000 sites (i.e. Special Areas of Conservation (SAC) and Special Protection Areas (SPA)) within or surrounding the Town and Environs Plan area and thus require a full Appropriate Assessment.

Variation No. 1 of the Birr Town and Environs Development Plan comprises of two parts. The first (Part A) is the inclusion of the Core Strategy into the Plan whilst the second part (Part B) is the inclusion of Riverstown Village Plan in the Birr Town and Environs Development Plan 2010-2016. This Village Plan is currently included in the Offaly County Development Plan 2009.

Variation No. 3 of the Country Development Plan relates to the removal of the above mentioned Riverstown Village Plan from Volume 2 of the County Development Plan to allow for its inclusion in the Birr Town and Environs Development Plan. The sole purpose of removing this Village Plan from Volume 2 of the County Development Plan and including it in the Birr Town and Environs Development Plan 2010 is to more accurately reflect the location of the village, located partly within the Birr Town administrative area and the Town Environs area.

Special Areas of Conservation (SAC) are designated under the EU’s Habitats Directive by statutory instrument under the Habitats Regulations 1997 and the Special Protection Areas (SPA) are designated by statutory instrument under the EU’s Birds Directive 1979 and so, like SACs, are 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 site but likely to have a significant effect thereon, either individually or in combination with other plans or projects.

AA Screening Report for Variation No. 1 of the BTEDP 2010-2016 and Variation No.3 of the OCDP 2009-2015

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 sites1. This assessment therefore examines the implications of proceeding with Proposed Variation No. 1 of the Birr Town and Environs Development and Proposed Variation No. 3 of the County Development Plan in view of the conservation objectives and qualifying interests of associated Natura 2000 sites.

1.2 Legislative Background

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, S.I. 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 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”.

Article 6(4) of the Directive deals with alternative solutions, the test of “imperative reasons of overriding public interest” (IROPI) and compensatory measures:

“If, in spite of a negative assessment of the implications for the 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 social or economic nature, the Member State 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”.

1 Any Natura 2000 sites within the likely zone of impact of the plan or project. Generally 15km but this can vary (Appropriate Assessment of Plans and Projects in Ireland, Guidance for Planning Authorities (NPWS 2009, Revised February 2010).

AA Screening Report for Variation No. 1 of the BTEDP 2010-2016 and Variation No.3 of the OCDP 2009-2015

In formulating Proposed Variation No. 1 and Proposed Variation No. 3 to which this documents relates, Offaly County Council and Birr Town Council must comply with the EU Habitats and Birds Directives and the Planning and Development (Amendment) Act 2010, European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011) and the Environment (Miscellaneous Provisions) Act 2011.

2 Methodology

2.1 Introduction

This Habitats Directive Screening Assessment has been prepared taking cognisance of the following guidelines:

• Department of the Environment Heritage and Local Government (DoEHLG) Appropriate Assessment Guidance for Planning Authorities (December 2009) and amended February 2010; • European Commission, Assessment of plans and projects affecting Natura 2000 sites: Methodological guidance on the provisions of Article 6(3) and (4) of the Habitats Directive 92/43/EEC (Luxembourg, 2001); • European Communities MANAGING NATURA 2000 SITES. The provisions of Article 6, of the ‘Habitats’ Directive 92 / 43 / CEE (2000).

2.2 Brief Overview of Appropriate Assessment Methodology

The Appropriate Assessment process follows four stages as outlined below:

Stage 1 – Screening of the Proposed Variation No. 1 of the Birr Town and Environs Development Plan 2010-2016 and Proposed Variation No. 3 of the Offaly County Development Plan 2009-2015

The Screening Process will identify the likely impacts upon the Natura 2000 sites of Proposed Variation No. 1 of the Birr Town and Environs Development Plan 2010-2016 and Proposed Variation No. 3 of the County Development Plan 2009-2015 either alone or in combination with other Plans and Projects and considers whether these impacts are likely to be significant.

Ultimately, this process determines whether or not a Natura Impact Report is required i.e. whether Proposed Variation No. 1 and/or Variation No. 3 are likely to negatively affect the conservation objectives and qualifying interests of Natura 2000 sites. This will be done by examining the Proposed Variation’s policies and objectives whilst taking regarding of the currents Plan’s policies and objectives

AA Screening Report for Variation No. 1 of the BTEDP 2010-2016 and Variation No.3 of the OCDP 2009-2015

and determining if there are any potential impacts on the conservation objectives of the Natura 2000 sites.

This Screening Assessment will:

• Determine whether the Proposed Variations are directly connected with or necessary to the management of the site;

• Describe the Proposed Variations and other plans and projects that, ‘in combination’ have the potential to have significant effects on a European site;

• Identify the potential effects on the European site and;

• Assess the significance of any effects on the European site.

Stage 2 – Appropriate Assessment

The Appropriate Assessment (if required) would determine the potential impacts of the Proposed Variations on the conservation objectives of the Natura 2000 sites (including Natura 2000 sites within a 15km radius of the Town Plan’s boundary) and where necessary, mitigation or avoidance measures to preclude negative effects are recommended. The impacts assessed include the indirect and cumulative impacts of approving the Variations to the Plans, considered with any current or proposed activities, developments or policies impacting on the site(s). The potential impacts of policies and objectives outside the Natura 2000 sites but that potentially may impact upon them (known as ‘ex situ’ impacts) must also be included in the assessment.

Stage 3 – Assessment of Alternative Solutions

Stage 3 involves the examination of alternative ways of achieving the Proposed Variations that avoids adverse impacts on the integrity of the Natura 2000 site(s).

Stage 4 – Assessment of Compensatory Measures

Stage 4 is an assessment of compensatory measures, where, in the light of an assessment of imperative reasons of overriding public interest, it is deemed that the Proposed Variations should proceed.

Stage 1 and 2 above relate to Article 6(3) of the Habitats Directive and Stages 3 and 4 relate to Article 6(4).

AA Screening Report for Variation No. 1 of the BTEDP 2010-2016 and Variation No.3 of the OCDP 2009-2015

2.3 Cumulative Effects

The National Spatial Strategy 2002-2020, National Development Plan 2007-2013 and the Midland Regional Planning Guidelines (MRPG’s) 2010-2022 and the Offaly County Development Plan 2009- 2015 set the planning framework within which Proposed Variation No. 1 to the Birr Town and Environs Development Plan 2010-2016 and Proposed Variation No. 3 of the Offaly County Development Plan 2009-2015 have been prepared with the objective of achieving an optimal balance of social, economic and physical development in the Birr Town and its Environs, including Riverstown Village.

A Strategic Environmental Assessment (SEA) Environmental Report and an Appropriate Assessment Screening Report were completed during the drafting of the Birr Town and Environs Development Plan 2010-2016 which examined the cumulative impacts of the Plan’s policies and objectives on the environment, including Natura 2000 sites. Mitigation measures were proposed and incorporated into the 2010 Town and Environs Plan to ensure that no negative impacts would arise from its implementation.

In terms of the Riverstown Village Plan, a Strategic Environmental Assessment (SEA) and Appropriate Assessment (AA) Screening were completed during the drafting of the Offaly County Development Plan 2009-2015. These assessments examined the cumulative impacts of the Plan’s policies and objectives on the environment, including Natura 2000 sites. Again mitigation measures were proposed and incorporated into the 2009 Plan to ensure that no negative impacts would arise from its implementation.

Issues relating to European Union Legislation on the environment are provided for in the Birr Town and Environs Development Plan 2010-2016. Proposed Variation No. 1 will therefore be guided and informed by the relevant European legislation on the environment including; waste management and water protection policies and objectives as set out in the Shannon RBD, South Eastern RBD and Eastern RBD.

The Core Strategy is positioned within a policy hierarchy that ranges from the higher level, strategic approach of the National Spatial Strategy, which seeks to provide an overall vision for development at a state level, to local area and town development plans which provide specific development objectives for private and public land within their boundaries.

Proposed Variation No. 1 will have due regard to the specific needs and attributes of Birr Town and its Environs (including Riverstown Village) while conforming with the relevant environmental provisions of the various plans, legislation and guidance documents which will inform the making of any given Plan. Examples of these documents include, but are not limited to:

AA Screening Report for Variation No. 1 of the BTEDP 2010-2016 and Variation No.3 of the OCDP 2009-2015

• National Development Plan; • National Spatial Strategy; • Water Framework Directive 2000/60/EC; • Making Ireland Sustainable; • National Biodiversity Plan; • Midland Regional Planning Guidelines; • Offaly County Development Plan 2009-2015 • Development Management Guidelines -June 2007; • Development Plans Guidelines - June 2007; • Landscape and Landscape Assessment and Appendices 2000; • Strategic Environmental Assessment Directive and Guidelines; • Sustainable Rural Housing Guidelines 2005; • Sustainable Urban Housing: Design Standards for Apartments - Guidelines for Planning Authorities 2007; • Sustainable Residential Development in Urban Areas 2008 & companion document “Urban Design Manual – A Best Practice Guide” 2008; • The Planning System and Flood Risk Management Guidelines 2009.

The effects of higher level Strategies and Plans are considered insofar as they inform Proposed Variation No. 1 to the 2010 Plan. Any developments arising from this Proposed Variation (Part A or Part B) will be subject to separate assessment procedures in accordance with all applicable Regulations and Directives.

Proposed Variation No. 3 of the County Development Plan has been proposed solely to facilitate the inclusion of the Riverstown Village Plan in the Birr Town and Environs Development Plan. It is important to note that while there may be minor revisions to the written statement and phased lands, the purpose of both Variations is s mainly for clarity and administrative reasons.

AA Screening Report for Variation No. 1 of the BTEDP 2010-2016 and Variation No.3 of the OCDP 2009-2015

3 Overview of Proposed Variations

3.1 Purpose of Proposed Variation No. 1

Proposed Variation No. 1 to the Birr Town and Environs Development Plan 2010-2016 comprises of two sections. The first (Part A) is the inclusion of the Core Strategy into the Town and Environs Plan whilst the second element (Part B) is the inclusion of the Riverstown Village Plan in the Birr Town and Environs Development Plan 2010-2016.

Proposed Variation No. 1 will take the form, on adoption, of a standalone document but remains a central component of the Birr Town and Environs Development Plan which forms the basis or the ‘core’ of future development decisions up until 2016. This document is to be read in conjunction with the existing Birr Town and Environs Development Plan 2010-2016.

Proposed Variation No. 1 supplements and supersedes, where relevant, the content of certain sections of Birr Town and Environs Development Plan, in particular Chapter 3 “Development Strategy” of the current Plan. The main areas where Variation No. 1 supersedes the current Plan are those where reference is made to population targets, the Midland Regional Planning Guidelines and in particular, Variation No. 1 supersedes the land use zoning map included in the 2010 Development Plan. The Proposed Variation will also affect Chapter 6 relating to Local Area Strategies and Chapter 7 relating to Crinkle Village.

The current Birr Town and Environs Development Plan 2010-2016 (including the Riverstown Village Plan) was adopted in January 2010 and includes a written statement and zoning map. This Plan was subject to a Strategic Environmental Assessment (SEA) as per the requirements of the SEA Directive (2001/42/EEC) and an Appropriate Assessment Screening as per the requirements of the EU Habitats Directive (Directive 92/43/EEC).

3.2 Part A: Include a Core Strategy

The inclusion of the Core Strategy in the Birr Town and Environs Development Plan is a requirement introduced by the Planning and Development (Amendment) Act 2010. The Core Strategy for County Offaly has already been incorporated into the Offaly County Development Plan 2009-2015 in Variation No. 1 of that Plan and this Core Strategy will be consistent with that Plan.

AA Screening Report for Variation No. 1 of the BTEDP 2010-2016 and Variation No.3 of the OCDP 2009-2015

and regional development objectives set out in the National Spatial Strategy and Regional Planning Guidelines (RPGs)’2.

Given that this Core Strategy is being inserted by way of Variation into the Birr Town and Environs Development Plan 2010-2016 its main impact will be on the designation of undeveloped lands for residential purposes. This proposed Core Strategy Variation seeks to limit the quantity of undeveloped land available for residential development within the lifetime of the plan; it will do this through the mechanism of identifying ‘phased lands’ which will not be considered for the development of multiple residential units within the lifetime of this plan. This Core Strategy will take a sequential approach to the development of land, with land closest to the town centre designated for development within the lifetime of this plan. Also lands in close proximity to Crinkle Village and some lands in Riverstown will be designated for development.

The identification of ‘phased lands’ will impact on the delivery of the Local Area Strategies outlined in Chapter 6 of the Birr Town and Environs Development Plan. Where the residential lands in the Local Area Strategies are phased, they and their associated neighbourhood centres will be reconsidered at the review stage of the Birr Town and Environs Development Plan.

Overall this Core Strategy will seek to improve the overall quality of life within Birr Town and Environs, by supporting the enhancement of the built environment and public spaces and facilitating employment generating developments.

The main aims of the Core Strategy are as follows:

1. To strengthen the role of the Birr Town and Environs Development Plan in implementing the objectives of higher order plans, where appropriate.

4. To ensure compliance with the requirements of the Planning and Development Acts 2000-2012.

2 Source: DoEHLG Circular and Guidance Notes on Core Strategies, November 2010.

AA Screening Report for Variation No. 1 of the BTEDP 2010-2016 and Variation No.3 of the OCDP 2009-2015

9. To ensure that development over the lifetime of this plan is monitored and managed so as to achieve the overall objectives of this strategy.

3.3 Part B: Include Riverstown Village Plan

Part B of Proposed Variation No. 1 incorporates the Riverstown Village Plan into the Birr Town and Environs Development Plan 2010-2016.

No material changes are proposed for the Riverstown Village Plan as part of this Proposed Variation. Amendments to the Village Plan will only include minor revisions to the written statement and phased residential lands.

It should be noted that the policies and objectives of this Village Plan were subject to a Strategic Environmental Assessment (SEA) and Appropriate Assessment (AA) Screening during the drafting of the 2009 Development Plan. These assessments examined the cumulative impacts of the Plan’s policies and objectives on the environment, including Natura 2000 sites. Mitigation measures were proposed and incorporated into the 2009 Development Plan to ensure that no negative impacts would arise from its implementation. This AA Screening Report should be read in conjunction with Proposed Variation No’s. 1 and 3 and the current Birr Town and Environs Development Plan 2010-2016.

AA Screening Report for Variation No. 1 of the BTEDP 2010-2016 and Variation No.3 of the OCDP 2009-2015

3.4 Purpose of Proposed Variation No. 3

Variation No. 3 of the Offaly County Development Plan 2009-2015 consists of the removal of Riverstown Village Plan from Volume 2 of that Plan. This Variation is required so as to facilitate its inclusion in the Birr Town and Environs Development Plan.

The overall purpose of removing the Riverstown Village Plan from Volume 2 of the County Development Plan and including it in the Birr Town and Environs Development Plan 2010 is to more accurately reflect the location of the village, located partly within the Birr Town administrative area and the Town Environs area, thereby providing clarity and allowing for the development of comprehensive plans for the area in the future.

AA Screening Report for Variation No. 1 of the BTEDP 2010-2016 and Variation No.3 of the OCDP 2009-2015

4 Appropriate Assessment Screening

4.1 Introduction

The Appropriate Assessment Screening process will determine whether the Proposed Variations are likely to have a significant effect on the conservation objectives and the integrity of Natura 2000 sites within the Town and Environs Plan boundary (if any) and also within 15km of the Town and Environs Plan boundary. This buffer zone was chosen as a precautionary measure to ensure that all affected Natura 2000 sites are included in this Screening Process.

The Screening Process will identify the likely impacts of the policies and objectives of the Proposed Variations either alone or in combination with other plans and projects and will consider whether these impacts are likely to be significant.

Ultimately, this process determines whether or not an Appropriate Assessment and the production of a Natura Impact Report is required i.e. whether the Proposed Variations either alone or cumulatively are likely to negatively affect the conservation objectives and qualifying interests of Natura 2000 sites.

4.2 Management of the Site

For a Plan to be ‘directly connected with or necessary to the management of the site’, the ‘management’ component must refer to management measures that are for conservation purposes, and the ‘directly’ element refers to measures that are solely conceived for the conservation management of a site.

The Proposed Variations are not directly connected to the management of any Natura 2000 site.

The existing Birr Town and Environs Development Plan 2010-2016 to which Proposed Variation No. 1 relates contains policies and objectives (e.g. BTEO13-01, BTEO13-02, BTEO 13-01, BTEO 13-02, BTEO 13-03) which will directly or indirectly protect, conserve and manage areas of natural heritage, including Natura 2000 sites.

It is worth noting that Section 1.3.7 Habitats Directive Assessment of the current Birr Town and Environs Development Plan states “Where relevant, projects and masterplans arising from this plan should be screened by the applicant for the need to undertake Habitats Directive Assessment under Article 6 of the Habitats Directive.” This will ensure that any developments (where pertinent) that arise from Proposed Variation No. 1 will be screened for impacts on Natura 2000 sites and the need to prepare a Natura Impact Report.

AA Screening Report for Variation No. 1 of the BTEDP 2010-2016 and Variation No.3 of the OCDP 2009-2015

As with any potential development, cognisance will be taken of all environmental policies and objectives contained in the Birr Town and Environs Development Plan 2010-2016 when reviewing and deliberating applications concerning projects/development relating to Proposed Variation No. 1. This will ensure that no development arising from Proposed Variation No. 1 will adversely impact on the Natura 2000.

Proposed Variation No. 3, i.e. the removal of the Riverstown Village Plan from the Offaly County Development Plan, will not impact negatively on Natura 2000 sites. It is proposed that the Variations are adopted jointly thereby ensuring the continuous protection of designated sites through the implementation of the environmental policies and objectives of both Development Plans.

4.3 Natura 2000 Sites in and within 15 km of the Plan Area

The European Communities (Habitats) Directive 1992, established a network of sites throughout Europe, which are of international importance. It is comprised of Special Protection Areas (SPA) and Special Areas of Conservation (SAC) which together are known as Natura 2000 sites. Special Protection Areas aim to protect birds and this designation originates from the Birds Directive 1979.

There are no Special Protection Areas (SPAs) or Special Areas of Conservation (SACs) within the Town or Environs area. Following guidance from the Department of the Environment, Heritage and Local Government, all Natura 2000 sites within an area extending 15km around the town and its environs have been considered (see Figure 1).

Five SPAs and twelve SACs occur within 15km around the Plan area. The sites are predominantly bog, fen or callows type habitats.

Dovegrove Callows SPA is situated on the Little Brosna River approximately 2km north east downstream of Birr town, Lisduff Fen SAC and Island Fen SAC are located approximately 4km and 9km south east of the town (respectively), Ballyduff/Clonfinane Bog SAC is located approximately 7km south west of the town and Sharavogue Bog SAC is located approximately 5km south of the town. These sites due to their proximity to the town would be the most vulnerable in terms of pressures from the Town and its development.

The River Camcor runs through Birr town and is a tributary of the Little Brosna River on the west of the Town. Any impact on these rivers has the potential to negatively impact upon the qualifying interest and conservation objectives of the River Little Brosna Callows SPA and Middle Shannon Callows SPA (e.g. point source discharges etc.) located north west of the town.

AA Screening Report for Variation No. 1 of the BTEDP 2010-2016 and Variation No.3 of the OCDP 2009-2015

Other Natura 2000 sites within 15km of the Town boundary include the following: Liskeenan Fen SAC, Kilcarren-Firville Bog SAC, Lough Derg N-E Shore SAC (south west of the town), Ridge Mill, SW of Rapemills SAC (north west of the town), All Saints Bog and Esker SAC, Redwood Bog SAC and Slieve Bloom Mountains SPA/SAC (south east of the town).

Table 1 overleaf details the qualifying interests for each of the SAC’s and SPA’s within 15 km of the Town.

Table 1: Natura 2000 Sites (SPA and SAC’s) within 15 km of the Plan Area

Designation Site Name & Code Qualifying Interests Designation within 15km of Town Plan Area

Special Area of • Vertigo geyeri Conservation Lisduff Fen SAC • Petrifying springs with tufa formation (Site Code: 002147) (Cratoneurion) • Alkaline fens

• Juniperus communis formations on Island Fen SAC heaths or calcareous grasslands (Site Code: 002236) • Alkaline fens

• Active raised bogs • Degraded raised bogs still capable of Sharavogue Bog SAC natural regeneration (Site Code: 000585) • Depressions on peat substrates of the Rhynchosporion

• Calcareous fens with Cladium Liskeenan Fen SAC (Site Code: mariscus and species of the Caricion 001683) davallianae

• Active raised bogs • Degraded raised bogs still capable of Kilcarren-Firville Bog SAC (Site Code: natural regeneration 000647) • Depressions on peat substrates of the Rhynchosporion

AA Screening Report for Variation No. 1 of the BTEDP 2010-2016 and Variation No.3 of the OCDP 2009-2015

Designation Site Name & Code Qualifying Interests • Juniperus communis formations on heaths or calcareous grasslands • Calcareous fens with Cladium mariscus and species of the Caricion davallianae • Alkaline fens Lough Derg N-E Shore SAC (Site Code: • Limestone pavements 002241) • Alluvial forests with Alnus glutinosa and Fraxinus excelsior (Alno-Padion, Alnion incanae, Salicion albae) • Taxus baccata woods of the British Isles

• Semi-natural dry grasslands and Ridge Mill, SW of Rapemills SAC scrubland facies on calcareous (Site Code: 000919) substrates (Festuco Brometalia) (*important orchid sites)

• Semi-natural dry grasslands and scrubland facies on calcareous substrates (Festuco rometalia) (*important orchid sites) • Active raised bogs All Saints Bog and Esker SAC • Degraded raised bogs still capable of (Site Code: 000566) natural regeneration • Depressions on peat substrates of the Rhynchosporion • Bog woodland

AA Screening Report for Variation No. 1 of the BTEDP 2010-2016 and Variation No.3 of the OCDP 2009-2015

Designation Site Name & Code Qualifying Interests • Active raised bogs • Degraded raised bogs still capable of natural regeneration Redwood Bog SAC (Site Code 002353) • Depressions on peat substrates of the Rhynchosporion

• Otter (Lutra lutra) • Molinia meadows on calcareous, peaty or clavey-silt-laden soils (Molinion caeruleae) • Lowland hay meadows (Alopecurus River Shannon Callows SAC pratensis, Sanguisorba officinalis) (Site Code: 00216) • Limestone pavements • Alluvial forests with Alnus glutinosa and Fraxinus excelsior (Alno-Padion, Alnion incanae, Salicion albae).

• Northern Atlantic wet heaths with Erica tetralix • Blanket bog (*active only) Slieve Bloom Mountains SAC • Alluvial forests with Alnus glutinosa (Site Code: 000412) and Fraxinus excelsior (Alno-Padion, Alnion incanae, Salicion albae)

Special • Greenland White-fronted Goose. Dovegrove Callows SPA Protection Area (Site Code: 004137)

• Hen Harrier (Circus cyaneus) Slieve Bloom Mountains SPA (Site Code: 004160)

• Greenland White-fronted Goose. All Saints Bog SPA (Site Code:004103)

• Whooper Swan (Cygnus cygnus ) Middle Shannon Callows SPA • Wigeon (Anas penelope) (Site Code:004096) • Corncrake (Crex crex )

AA Screening Report for Variation No. 1 of the BTEDP 2010-2016 and Variation No.3 of the OCDP 2009-2015

Designation Site Name & Code Qualifying Interests • Golden Plover (Pluvialis apricaria) • Lapwing (Vanellus vanellus) • Black-tailed Godwit (Limosa limosa) • Black-headed Gull (Larus ridibundus) • Wetlands & Waterbirds.

• Whooper Swan • Greenland White-fronted goose • Wigeon • Teal • Pintail River Little Brosna Callow SPA • Shoveler (Site Code: 004086) • Golden Plover • Lapwing • Blacktailed Godwit • 20,000 wintering waterbirds • Black-headed Gull; Wetland & Waterbirds.

4.4 Conservation Objectives

Management planning for nature conservation sites has a number of aims. These include:

• To identify and evaluate the features of interest for a site; • To set clear objectives for the conservation of the features of interest; • To describe the site and its management; • To identify issues (both positive and negative) that might influence the site; • To set out appropriate strategies/management actions to achieve the objectives.

Generic conservation objectives have been compiled for some SAC’s and SPA’s. These are based on the sites’ qualifying features. In time, specific conservation objectives will be written for the features of interest within each designated site.

Table 2 outlines the conservation objectives for each Natura 2000 site.

AA Screening Report for Variation No. 1 of the BTEDP 2010-2016 and Variation No.3 of the OCDP 2009-2015

Table 2 Conservation Objectives for each Natura 2000 site

Designation Site Name & Code Conservation Objectives Natura 2000 Sites within Plan Boundary Objective 1: To maintain the Annex I habitats for which the cSAC has been selected at favourable conservation status; • Alkaline fens (43% of the site) and Petrifying springs with tufa formation (Cratoneurion) (4% of the site) Lisduff Fen SAC Special Area of Objective 2: To maintain the Annex II Conservation (Site Code: 002147) species for which the cSAC has been selected at favourable conservation status; Geyer’s Whorl Snail (Vertigo geyeri) Objective 3: To maintain the extent, species richness and biodiversity of the entire site Objective 4: To establish effective liaison.

Objective 1: To maintain the special conservation interests for this SPA at favourable conservation status: • Juniperus communis formations on Island Fen SAC heaths or calcareous grasslands (Site Code: 002236) • Alkaline fens Objective 2: To maintain the extent, species richness and biodiversity of the entire site Objective 3: To establish effective liaison and co-operation with landowners, legal users and relevant authorities. Objective 1: To maintain the special conservation interests for this SPA at favourable conservation status: • Active raised bogs Sharavogue Bog SAC • Degraded raised bogs still capable of (Site Code: 000585) natural regeneration • Depressions on peat substrates of the Rhynchosporion Objective 2: To maintain the extent, species richness and biodiversity of the entire site.

AA Screening Report for Variation No. 1 of the BTEDP 2010-2016 and Variation No.3 of the OCDP 2009-2015

Designation Site Name & Code Conservation Objectives Objective 3: To establish effective liaison and co- operation with landowners, legal users and relevant authorities. Objective 1: To maintain or restore the favourable conservation condition of the Annex I habitat(s) and /or the Annex II species for which the SAC has been selected:

• Calcareous fens with Cladium Liskeenan Fen SAC (Site Code: mariscus and species of the Caricion 001683) davallianae Objective 2: To maintain the extent, species richness and biodiversity of the entire site Objective 3: To establish effective liaison and co-operation with landowners, legal users and relevant authorities. Objective 1: To maintain or restore the favourable conservation condition of the Annex I habitat(s) and /or the Annex II species for which the SAC has been selected:

• Active raised bogs • Degraded raised bogs still capable of Kilcarren-Firville Bog SAC (Site Code: natural regeneration 000647) • Depressions on peat substrates of the Rhynchosporion Objective 2: To maintain the extent, species richness and biodiversity of the entire site Objective 3: To establish effective liaison and co-operation with landowners, legal users and relevant authorities. Objective 1: To maintain or restore the favourable conservation condition of the

Lough Derg N-E Shore SAC (Site Code: Annex I habitat(s) and /or the Annex II 002241) species for which the SAC has been selected:

• Juniperus communis formations on heaths or calcareous grasslands

AA Screening Report for Variation No. 1 of the BTEDP 2010-2016 and Variation No.3 of the OCDP 2009-2015

Designation Site Name & Code Conservation Objectives • Calcareous fens with Cladium mariscus and species of the Caricion davallianae • Alkaline fens • Limestone pavements • Alluvial forests with Alnus glutinosa and Fraxinus excelsior (Alno-Padion, Alnion incanae, Salicion albae) • Taxus baccata woods of the British Isles Objective 2: To maintain the extent, species richness and biodiversity of the entire site Objective 3: To establish effective liaison and co-operation with landowners, legal users and relevant authorities. Objective 1: To maintain or restore the favourable conservation condition of the Annex I habitat(s) and /or the Annex II species for which the SAC has been selected:

• Active raised bogs • Degraded raised bogs still capable of natural regeneration Ballyduff/Clonfinane Bog SAC (Site • Depressions on peat substrates of Code: 000641) the Rhynchosporion • Bog woodland Objective 2: To maintain the extent, species richness and biodiversity of the entire site Objective 3: To establish effective liaison and co-operation with landowners, legal users and relevant authorities. Objective 1: To maintain or restore the favourable conservation condition of the Ridge Mill, SW of Rapemills SAC Annex I habitat(s) and/or the Annex II (Site Code: 000919) species for which the SAC has been selected:

• Semi-natural dry grasslands and

AA Screening Report for Variation No. 1 of the BTEDP 2010-2016 and Variation No.3 of the OCDP 2009-2015

Designation Site Name & Code Conservation Objectives scrubland facies on calcareous substrates (Festuco Brometalia) Objective 2: To maintain the extent, species richness and biodiversity of the entire site Objective 3: To establish effective liaison and co-operation with landowners, legal users and relevant authorities. Objective 1: To maintain the Annex I habitats for which the cSAC has been selected at favourable conservation status: • Semi-natural dry grasslands and scrubland (Festuco Brometalia) • Active raised bogs • Degraded raised bogs still capable of All Saints Bog and Esker SAC natural regeneration

(Site Code: 000566) • Depressions on peat substrates of the Rhynchosporion • Bog woodland. Objective 2: To maintain the extent, species richness and biodiversity of the entire site Objective 3: To establish effective liaison and co-operation with landowners, legal users and relevant authorities. Objective 1: To maintain or restore the favourable conservation condition of the Annex I habitat(s) and /or the Annex II species for which the SAC has been selected:

• Active raised bogs • Degraded raised bogs still capable of Redwood Bog SAC (Site Code 002353) natural regeneration • Depressions on peat substrates of the Rhynchosporion Objective 2: To maintain the extent, species richness and biodiversity of the entire site Objective 3: To establish effective liaison and co-operation with landowners, legal users

AA Screening Report for Variation No. 1 of the BTEDP 2010-2016 and Variation No.3 of the OCDP 2009-2015

Designation Site Name & Code Conservation Objectives and relevant authorities.

Objective 1: To maintain or restore the favourable conservation condition of the Annex I habitat(s) and /or the Annex II species for which the SAC has been selected: • Lutra lutra • Molinia meadows on calcareous, peaty or clayey‐silt‐laden soils (Molinion caeruleae) • Lowland hay meadows (Alopecurus River Shannon Callows SAC pratensis, Sanguisorba officinalis) (Site Code: 00216) • Limestone pavements • Alluvial forests with Alnus glutinosa and Fraxinus excelsior (Alno‐Padion, Alnion incanae, Salicion albae) Objective 2: To maintain the extent, species richness and biodiversity of the entire site Objective 3: To establish effective liaison and co-operation with landowners, legal users and relevant authorities. Objective 1: To maintain or restore the favourable conservation condition of the Annex I habitat(s) and /or the Annex II species for which the SAC has been selected: • Northern Atlantic wet heaths with Erica tetralix • Blanket bogs (* if active only) Slieve Bloom Mountains SAC • *Alluvial forests with Alnus glutinosa (Site Code: 000412) and Fraxinus excelsior (Alno‐Padion, Alnion incanae, Salicion albae) Objective 2: To maintain the extent, species richness and biodiversity of the entire site Objective 3: To establish effective liaison and co-operation with landowners, legal users and relevant authorities.

AA Screening Report for Variation No. 1 of the BTEDP 2010-2016 and Variation No.3 of the OCDP 2009-2015

Designation Site Name & Code Conservation Objectives Special Objective 1: To maintain the special Protection Area conservation interests for this SPA at favourable conservation status: • Greenland White-fronted Goose Dovegrove Callows SPA Objective 2: To maintain the extent, species (Site Code: 004137) richness and biodiversity of the entire site Objective 3: To establish effective liaison and co-operation with landowners, legal users and relevant authorities.

Slieve Bloom Mountains SPA Objective 1: To maintain the special (Site Code: 004160) conservation interest for this SPA at favourable conservation status: • Hen Harrier Objective 2: To maintain the extent, species richness and biodiversity of the entire site. Objective 3: To establish effective liaison and co-operation with landowners, legal users and relevant authorities.

All Saints Bog SPA Objective 1: To maintain the special (Site Code: 004103) conservation interests for this SPA at favourable conservation status: • Greenland White-fronted Goose Objective 2: To maintain the extent, species richness and biodiversity of the entire site Objective 3: To establish effective liaison and co-operation with landowners, legal users and relevant authorities.

Objective 1: To maintain the favourable conservation status of the Special Conservation Interests of the SPA: • Whooper Swan (Cygnus cygnus) Middle Shannon Callows SPA • Wigeon (Anas penelope) (Site Code:004096) • Corncrake (Crex crex ) • Golden Plover (Pluvialis apricaria) • Lapwing (Vanellus vanellus) • Black-tailed Godwit (Limosa limosa)

AA Screening Report for Variation No. 1 of the BTEDP 2010-2016 and Variation No.3 of the OCDP 2009-2015

Designation Site Name & Code Conservation Objectives • Black-headed Gull (Larus ridibundus) • Wetlands & Waterbirds Objective 2: To maintain the extent, species richness and biodiversity of the entire site Objective 3: To establish effective liaison and co-operation with landowners, legal users and relevant authorities.

Objective 1: To maintain the special conservation interests for this SPA at favourable conservation status: • Whooper Swan • Greenland White-fronted goose • Wigeon • Teal • Pintail • Shoveler River Little Brosna Callow SPA • Golden Plover (Site Code: 004086) • Lapwing • Blacktailed Godwit • 20,000 wintering waterbirds • Black-headed Gull; Wetland & Waterbirds Objective 2: To maintain the extent, species richness and biodiversity of the entire site Objective 3: To establish effective liaison and co-operation with landowners, legal users and relevant authorities.

AA Screening Report for Variation No. 1 of the BTEDP 2010-2016 and Variation No.3 of the OCDP 2009-2015

4.5 Assessment Criteria

Proposed Variation No. 3 of the Offaly County Development Plan is required for the sole purpose to facilitate the inclusion of the Riverstown Village Plan in the Birr Town and Environs Development Plan. For the purposes of this assessment no impacts are perceived on designated sites from this Proposed Variation. Therefore this section focuses on the likelihood of potential impacts on Natura 2000 sites from the implementation of Proposed Variation No. 1. Variation No. 3, however, is also considered but not to the same extent.

In practice and as outlined in the EU 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”, and the national guidance document “Appropriate Assessment of Plans and Projects in Ireland. Guidance for Planning Authorities”, impacts that could potentially occur through the implementation of a Proposed Variation, can be categorised under a number of headings:

• Loss/Reduction of habitat area – e.g. as a result of construction of infrastructure etc.; • Disturbance to key species – e.g. as a result of increased public access to protected sites and increased recreational pressure; • Habitat or species fragmentation – e.g. through urbanisation; • Reduction in species density – e.g. transport infrastructure, land intensification etc.; • Changes in key indicators of conservation value such as decrease in water quality and quantity e.g. through inadequate wastewater treatment, runoff of pollutants during construction and operational phases of development.

This Screening Assessment has been completed taking cognisance of the existing Town and Environs Development Plan’s policies, objectives and provisions for the protection of the environment and sites protected under European legislation (see Table 3).

Table 3: Current Plan Natural Heritage Policies BTEP13-01 It is the Councils’ policy to have regard to the views and guidance of the National Parks and Wildlife Service of the DoEHLG in respect of proposed development where there is a possibility that such development may have an impact on sites with proposed and/or nature conservation designations. BTEP13-02 It is the Councils’ policy to prohibit any development that would be harmful to or that would result in a significant deterioration of habitats and/or disturbance of protected species within Birr and to support/co-operate with statutory authorities and others in support of measures taken to manage proposed or designated sites in order to achieve their conservation objectives.

AA Screening Report for Variation No. 1 of the BTEDP 2010-2016 and Variation No.3 of the OCDP 2009-2015

Table 3: Current Plan Natural Heritage Policies BTEP13-03 It is the Councils’ policy to protect, conserve and enhance Birr’s biodiversity and natural heritage including wildlife (flora and fauna), habitats, landscapes and/or landscape features of importance to wildlife, especially along the Camcor and Little Brosna Rivers and the Castle Demesne. BTEP13-05 It is the Councils’ policy to conserve, protect and enhance where possible wildlife habitats such as rivers (including riparian buffer zones/wildlife corridors), streams, wetlands, trees, woodlands and scrub, hedgerows and other boundary types such as stone walls and ditches providing a network of habitats and corridors essential for wildlife to flourish. BTEP13-06 It is the Councils’ policy to protect riparian corridors by reserving land along their banks for ecological corridors and maintain them free from inappropriate development, where appropriate, and discourage culverting or realignment. BTEP13-07 It is the Councils’ policy to promote the protection and preservation of existing hedgerows and to encourage planting of native hedgerow species. BTEP13-13 It is the Councils’ policy to encourage the development of environmentally sustainable agricultural practices, to ensure that development does not impinge on the visual amenity of the countryside and that watercourses, wildlife habitats and areas of ecological importance are protected from the threat of pollution.

The provisions of Proposed Variation No. 1, have been devised to anticipate and avoid the need for development that would be likely to significantly and adversely affect the integrity and conservation objectives of any Natura 2000 site. One of the core aims of the Core Strategy (Part A of this Variation) is “To ensure a high level of environmental protection in the implementation of the policies and objectives of the plan through the observance of all legal requirements with regard to Strategic Environmental Assessment, Habitats Directive Assessment, Water Framework Directive and Floods Directive, as appropriate.”. This aim, along with the implementation of proposed Policy BCSP-02 will ensure that no development arising from Proposed Variation No. 1 will impact adversely on the receiving natural environment, including Natura 2000 sites.

3 Except as provided for in Article 6(4) of the Habitats Directive, viz. there must be: (a) No alternative solution available; (b) Imperative reasons for overriding public interest, including those of a social and economic nature; and, (c) Adequate compensatory measures to ensure that the overall coherence of Natura 2000 is protected.

AA Screening Report for Variation No. 1 of the BTEDP 2010-2016 and Variation No.3 of the OCDP 2009-2015

4.5.1 Describe the individual elements of the project (either alone or in combination with other plans or projects) likely to give rise to impacts on the Natura 2000 sites.

In general, any development that may result (directly or indirectly) from the implementation of any Proposed Variation, such as the construction of housing, associated water and wastewater infrastructure, gas, electricity, telecommunications and transport infrastructure could lead to a number of impacts depending on where the development is sited, the scale of development and types and quantities of emissions (e.g. changes in drainage (surface and groundwater) patterns in the area, which could potentially have significant effects on water levels and quality; indirect pressures on a river system if floodplain dynamics are altered; increased pressure on sewerage system capacity, which has the potential to reduce water quality in surface and ground waters).

Construction of any infrastructure associated with Proposed Variation No. 1 (e.g. developments relating to tourism, economic and administrative developments necessary to drive Birr Town and its Environs in line with the MRPG’s), may lead to impacts on water quality, which is a key indicator of conservation value for any surface or ground water dependant Natura site (e.g. Dovegrove Callows SPA and the River Little Brosna Callows SPA to the north west of the Town and Lisduff Fen SAC south east of the town). The relationship between water quantity and quality and habitats is the key relationship that defines the structure and function of many of the SAC’s and SPA’s within 15km of the Plan boundary (e.g. Dovegrove Callows SPA, Lisduff Fen SAC, Ballyduff/Clonfinane Bog SAC, Little Brosna Callows SPA, All Saints Bog and Esker SPA). Diffuse or point source contamination resulting from any proposed development (e.g. release of suspended sediment due to runoff of soil from construction areas, raw or uncured concrete, fuels, lubricants and hydraulic fluids, waste water discharges) would have deleterious effects upon aquatic biodiversity and flora and fauna including species protected under Annex II of the Habitats Directive.

Any indirect changes, such as changes in key indicators of conservation (e.g. deterioration in ground or surface water quality), arising from Proposed Variation No. 1 have the potential to impact on the supporting ecosystems to which the qualifying species/habitats are dependent, leading to loss or disturbance to key species/habitats, if protection policies and objectives were not implemented.

Having had regard to the population targets outlined in the MRPGs and in the Core Strategy in the Offaly County Development Plan 2009-2015, the undeveloped land available for residential development within the lifetime of this Plan will be significantly reduced by this Variation (see Proposed Variation No. 1 Phasing Residential Zoning Map). Consequently, this reduction in residential

AA Screening Report for Variation No. 1 of the BTEDP 2010-2016 and Variation No.3 of the OCDP 2009-2015

zoning will reduce residential developmental pressures in the Town and Environs (including Riverstown Village), including associated pressures on designated sites and sites of high ecological value.

The key point to note is that Proposed Variation No. 1 does not include the zoning of any additional land for development and therefore does not involve any additional land take within Natura 2000 sites. It merely identifies portions of already zoned lands which should be prioritised for residential development during the Plan period in Birr Town and its Environs, (including Riverstown Village). It should be noted that these lands are already identified as suitable for residential development and therefore there is no potential for additional development in this regard. It will be the Council’s Policy not to permit residential development on “Phased” lands for the remainder of the plan period.

In line with the Town and Environs Development Plan policies and objectives, where individual projects are proposed within the Plan boundary or surrounding environs which have the potential to impact on the environment due to their scale and /or nature, they will be the subject of an EIA and AA in line with the Planning and Development Regulations 2001- 2011 and Habitats Directive.

It is important to note that one of the Core Strategy’s aim is “To ensure that future development will integrate with the existing and planned transport and services infrastructure such as road, rail and water services infrastructure in order to utilise them in the most efficient way possible (as per priority investments outlined at national and regional level)”. This along with an aim of ensuring “a high level of environmental protection in the implementation of the policies and objectives of the Plan through the observance of all legal requirements with regard to Strategic Environmental Assessment, Habitats Directive Assessment, Water Framework Directive and Floods Directive, as appropriate” will ensure that any development relating to Proposed Variation No. 1 will not significantly impact on the integrity and conservation objectives of Natura 2000 sites or sites of high ecological value (e.g. Dovegrove Callows SPA , Esker, Camcor River and Little Brosna River).

With regard to Part B of Proposed Variation No. 1 (and also Proposed Variation No. 3 of Offaly County Development Plan), it is important to note that any development proposals relating to lands in Riverstown will be assessed using the policies and objectives of the Birr Town and Environs Development Plan 2010-2016 (including the Core Strategy). This will ensure that new development takes place in tandem with the establishment of appropriate facilities such as wastewater and water infrastructure therefore ensuring proper planning and sustainable development in Riverstown Village. This, along with the implementation of one of the key messages of the Riverstown Village Plan (i.e. the conservation and protection the Little River Brosna) will ensure that environmental sensitivities pertaining to the Village are protected (e.g. Little Brosna River).

AA Screening Report for Variation No. 1 of the BTEDP 2010-2016 and Variation No.3 of the OCDP 2009-2015

In summary, taking into account the existing environmental policies and objectives in the Birr Town and Environs Development Plan 2010-2016 which provide for the protection of the environment and designated sites in proximity to the Town and sites of high ecological values within and surrounding the town, along with Policy BCSP-02 of Proposed Variation No. 1, it is considered unlikely that Proposed Variation No. 1 will have a significant adverse impact on any Natura 2000 site.

As mentioned previously, due to the nature of Proposed Variation No. 3, it is considered that Proposed Variation No. 3 will not have a significant adverse impact on any Natura 2000 site.

4.5.2 Describe any likely direct, indirect or secondary impacts of the project (either alone or in combination with other plans or projects) on the Natura 2000 sites by virtue of:

Size and scale The Census 2011 results indicate that the total population in Birr Town and Environs is 5,452. This relate to a 7.3% increase in population since 2006. The overall Town Plan and Environs area relates to 950 hectares (2,341 acres).

The Midland Regional Planning Guidelines 2010-2022 identifies Birr as a Service Town in the Central Development Area. Therefore, it is a key aim of this Plan that the town fulfils its role as a service town; providing important retail, residential, service and amenity functions for local rural hinterlands and supporting the upper tiers of the urban hierarchy particularly the Linked Gateway. Crinkle and Riverstown have been identified as Villages. Villages are smaller settlements, many of which are very attractive and rural in character. The level of services provided will vary between settlements and will depend on the surrounding rural hinterland. Any residential development in these settlements should be of appropriate scale and density.

Proposed Variation No. 1 proposes changes to the zoning land use plan which acts as a strategic land use framework for the sustainable development of Birr Town and its immediate environs. This Proposed Variation also includes the adoption of Riverstown Village Plan which was, up to now included in the Offaly County Development Plan and focuses on a small part of the overall village settlement of Riverstown.

This proposed Core Strategy seeks to limit the quantity of undeveloped land available for residential development within the lifetime of the Plan. This will be achieved through the mechanism of identifying ‘phased lands’ which will not be considered for the development of multiple residential units within the lifetime of this plan. This Core Strategy will take a sequential approach to the development of land, with land closest to the town centre designated for development within the

AA Screening Report for Variation No. 1 of the BTEDP 2010-2016 and Variation No.3 of the OCDP 2009-2015

lifetime of this plan. Also lands in close proximity to Crinkle Village and some lands in Riverstown Village will be designated for development.

Where it is considered that potential developments arising (directly or indirectly) from Proposed Variation No. 1 may impact directly, indirectly or cumulatively with other projects upon sensitive or designated sites, because of their proximity or scale, an Appropriate Assessment screening and/or Environmental Assessment (e.g. EIA, EIR) will be sought, where deemed necessary. Therefore no projects, which would give rise to significant adverse direct, indirect, secondary or cumulative impacts on the integrity of the Natura 2000 sites, arising from the size or scale of the project, shall be permitted on the basis of Proposed Variation No. 1 or indeed Proposed Variation No. 3. (either individually or in combination with other plans or projects).

Land take

There are no SAC’s or SPA’s within the Town and Environs boundary. Therefore, the overall land take of Natura 2000 sites (see Figure 1) will not be affected from the implementation of Proposed Variation No. 1 or indeed Proposed Variation No. 3.

Distance from the Natura 2000 site or key feature of the site

The Proposed Variations do not relate to a specific location as they involve various lands throughout the Town Plan and Environs area (including Riverstown Village).

The closest Natura 2000 sites are Dovegrove Callows SPA which is approximately 2km north west of the Town Boundary and Lisduff Fen SAC which is located approximately 4km south east of the town. One of the aims of the Core Strategy is to ensure a high level of environmental protection in the implementation of the policies and objectives of the Plan through the observance of all legal requirements with regard to Strategic Environmental Assessment, Habitats Directive Assessment, Water Framework Directive. This along with the implementation of the general environmental policies and objectives within the current Town and Environs Development Plan 2010 (e.g. BTEP13-01, BTEP13-02, BTEP13-03, BTEO13-01, BTEO13-02, BTEO13-03, BTEP03-07, BTEO05-01, BTEP10-01, BTEP10-04, BTEP10-09, BTEP10-17 and BTEO10-01) will ensure that no projects giving rise to significant adverse direct, indirect or secondary impacts on the integrity of Natura 2000 sites will be permitted on the basis of the Proposed Variations.

Resource requirements

All projects relating to resource requirements arising from Proposed Variation No. 1 (e.g. water abstraction from the River Camcor) will be subject to an Appropriate Assessment Screening (and full Appropriate Assessment, if deemed required) and relevant Environmental Assessments.

AA Screening Report for Variation No. 1 of the BTEDP 2010-2016 and Variation No.3 of the OCDP 2009-2015

Furthermore, Policy BTEP 13-01 and Objectives BTEO 13-01and BTEO 13-01 of the current Development Plan 2010-2016 will ensure that no development is permitted which will impact negatively on designated sites and will ensure that any resource requirements that are required for any development will be appropriately mitigated with regard to any impacts identified on Natura 2000 sites.

In summary, no projects giving rise to significant adverse direct, indirect or secondary impacts upon the integrity of any Natura 2000 sites, arising from their resource requirements (e.g. water abstraction) will be facilitated or shall be permitted on the basis of Proposed Variation No. 1 (either alone or in combination with other plans or projects).

It is considered that there will be no impact on any resource requirements from the implementation of Proposed Variation No. 3 due to the sole purpose of this Variation i.e. the removal of the Riverstown Village Plan from the County Development Plan to facilitate its inclusion in the Birr Town and Environs Development Plan.

Emissions and waste (disposal to land, water or air)

Implementation of Policy BTEP 13-01 and Policy BTEP 13-02 of the Current 2010 Town and Environs Plan and adherence to the Core Strategy aim of ensuring a high level of environmental protection in the implementation of the policies and objectives of the Plan through the observance of all legal requirements with regard to Strategic Environmental Assessment, Habitats Directive Assessment, Water Framework Directive and Floods Directive, as appropriate, will make certain that no development arising from Proposed Variation No. 1 will adversely impact on the designated sites in close proximity to Birr Town and its Environs.

All developments arising from Proposed Variation No. 1 will comply with the adopted 2010 Development Plan’s environmental protection policies and objectives relating to emissions and waste including:

BTEP 10-01 It is the Councils’ policy to ensure that the provision of water and wastewater treatment facilities is undertaken in accordance with EU policies and Directives, relevant national legislation and national/regional policies.

BTEP 10-08 It is the Councils’ policy to make provision for improved and additional wastewater services on a planned basis, related to present and future needs of housing, industry and commerce, in accordance with Birr’s position within the County Settlement Hierarchy and Offaly County Council’s Assessment of Needs 2007-2014 where feasible and where approved by the DoEHLG.

AA Screening Report for Variation No. 1 of the BTEDP 2010-2016 and Variation No.3 of the OCDP 2009-2015

BTEP 10-09 It is the Councils’ policy to control impacts of wastewater produced in the most environmental, sustainable and cost-effective manner.

BTEP 10-12 It is the Councils’ policy to limit and manage the permitted stormwater run-off from all new developments. The maximum permitted surface water outflow from any new development is to be restricted to that of a Greenfield site before any development takes place, unless otherwise agreed by the Planning Authority. It is therefore the Councils’ Policy to require all proposed new developments within Birr to provide ‘Sustainable Urban Drainage Systems’ (SuDs) as part of their development proposals.

BTEP 10-24 It is the Councils’ policy to co-operate with the EPA in regard to licensing arrangements for Scheduled Industries in Birr in accordance with the provisions of the Environmental Protection Agency Act 1992.

BTEP 10-25 It is the Councils’ policy to support National and E.U. Directives for waste reduction and waste disposal, including the re-cycling and re-use of waste. It will be policy to encourage the expansion of recycling activities in the town in accordance with approved procedures.

BTEP 10-29 It is the Councils’ Policy to minimise emissions to the air of greenhouse gases in order to contribute to a reduction and avoidance of human induced climate change in accordance with the Kyoto agreement. The Councils support and are committed to the National Climate Change Strategy, and to facilitate measures that seek to reduce emissions of greenhouse gases. In this regard, the Councils will support any initiatives taken to provide for more sustainable forms of energy use.

BTEP 10-30 It is the Councils’ policy to support national and international initiatives for limiting emissions of greenhouse gases and encouraging the development of renewable energy sources.

BTEO 10-05 To protect and preserve the quality of surface water, ground water and drinking water in Birr through the relevant legislative provisions.

BTEO 10-09 To ensure that all agricultural activities adhere to any legislation on water quality e.g. Phosphorus Regulations, Water Framework Directive and Nitrates Directive.

BTEO 10-13 The Councils support National and E.U. Directives for waste reduction and waste disposal, including the recycling and re-use of waste. It will be policy to encourage the expansion of recycling activities in the town in accordance with approved procedures and to continue to expand environmental awareness initiatives designed to create increased public awareness of waste prevention, minimisation and reuse. Particular emphasis should be placed on the commercial and industrial sector.

AA Screening Report for Variation No. 1 of the BTEDP 2010-2016 and Variation No.3 of the OCDP 2009-2015

BTEO 10-14 To implement the provisions of the Waste Management Hierarchy and the current Waste Management Plan for the Midlands Region. As a result, developments in Birr will be expected to take account of the provisions of the Waste Management Plan for the Midlands Region and adhere to those elements of it that relate to waste prevention and minimisation, waste recycling facilities, and the capacity for source segregation.

In summary, no projects giving rise to significant adverse direct, indirect or secondary impacts upon the integrity of any Natura 2000 sites, arising from their emissions will be facilitated or shall be permitted on the basis of Proposed Variation No. 1 (either alone or in combination with other plans or projects).

Taking on board the only purpose of Proposed Variation No. 3, it is considered that there will be no impact from emissions and waste from its adoption.

Transportation requirements

The construction and operation of transport infrastructure has the potential to impact on the environment e.g. impacts on biodiversity and flora and fauna through for example the loss of ecological networks, habitat loss and fragmentation, species loss and disturbance; adverse impacts on subsoil drainage system on groundwater and surface/ground water impacts from runoff pollution.

For any developments that will arise from Proposed Variation No. 1, including transport projects or projects with transportation requirements, an appropriate project level Environmental Assessment and Habitats Directive Assessment (where deemed necessary) will be required to be carried out. This along with the implementation of the environmental protection policies and objectives contained in the adopted 2010 Development Plan will ensure that any works resulting from, for example, implementing the recommendations of the Birr Land Use and Transportation Study or any transport infrastructure relating to this Proposed Variation will not significantly impact on Natura 2000 sites or indeed sites of high ecological value.

Taking on board the sole purpose of Proposed Variation No. 3, it is considered that there will be no impact from transportation requirements on Natura 2000 sites from its adoption.

Excavation requirements

The implementation of the protection policies and objectives of the current Town and Environs Development Plan will ensure that no development which would be likely to give rise to significant adverse direct, indirect or secondary impacts on the integrity of the Natura 2000 sites, having regard to their conservation objectives, arising from excavation requirements shall be permitted on the basis of the Proposed Variations (either individually or in combination with other plans or projects).

AA Screening Report for Variation No. 1 of the BTEDP 2010-2016 and Variation No.3 of the OCDP 2009-2015

Duration of construction, operation, decommissioning, etc

A complete review of the Birr Town and Environs Development Plan 2010-2016 including the Core Strategy and Riverstown Village Plan will commence in 2013/14. The next Plan for Birr Town and its Environs will be operational for the period 2016-2021. As with any Plan review, the review of the 2010 Plan will be subject to the requirements of Strategic Environmental Assessment under the EU SEA Directive, Appropriate Assessment under the EU Habitats Directive and Water Framework Directive. A Strategic Flood Risk Assessment will be undertaken as part of the overall review in compliance with the requirements set out in the Planning System and Flood Risk Management Guidelines for Planning Authorities (DoEHLG, November 2009). It is important to note that the current Birr Town and Environs Development Plan 2010-2016 and indeed the Offaly County Development Plan 2009-2015 (which included the Riverstown Village Plan upon its adoption) was subject to a Strategic Environmental Assessment (SEA) as per the requirements of the SEA Directive (2001/42/EEC) and Appropriate Assessment Screening in line with the Habitats Directive (92/43/EEC). The SEA’s and AA’s informed the policies and objectives of the Development Plans and also suggested appropriate mitigation measures, which were incorporated into the relevant chapters of the Plans upon their adoption in 2010 and 2009 respectively.

All development proposals arising from Proposed Variation No. 1 during the lifetime of the current Plan will be in accordance with the provisions of the Water Framework Directive; the Habitats Directive and any guidelines issued under Section 28 of the Planning and Development Acts 2000- 2012.

4.5.3 Describe any likely changes to the site arising as a result of:

Reduction of habitat area

The Proposed Variations do not propose any land take within Natura 2000 sites.

Any projects resulting from Proposed Variation No. 1 shall be subject to a Habitats Directive Assessment (HDA) in accordance with the requirements of Article 6(3) of the EU Habitats Directive (Directive 92/43/EEC, where required.

Disturbance to key species & habitat or species fragmentation

It is Offaly County Council’s and Birr Town Council’s policy to take appropriate steps to avoid disturbances of key species and habitats or species fragmentation within designated sites and sites of high ecological value in order to comply with the policies and objectives set out in Chapter 13 of the Birr Town and Environs Development Plan 2010.

AA Screening Report for Variation No. 1 of the BTEDP 2010-2016 and Variation No.3 of the OCDP 2009-2015

The designated sites within 15km of the Town and Environs boundary, apart from the Slieve Bloom Mountains which are located on the south east edge of the 15km buffer zone, are water dependent. Therefore, any impacts on surface waters or groundwater environments from developments associated with this Proposed Variation could lead to the impairment or deterioration in physical structure and chemical and biological status of these aquatic dependant environments, which in turn would lead to impacts on the key species and habitats for which these sites are designated. For example, the Geyer’s Whorl Snail Vertigo geyeri is widespread at Lisduff Fen SAC, which is one of only 36 known sites for this species in the country. Its presence indicates long term stability in the water levels at Lisduff Fen and changes to the water levels at this Fen would therefore have the potential to impact on this Annex II species through the alteration of the groundwater regime.

However, it is deemed that once the environmental protection policies and objectives contained within the current Town and Environs Development Plan and Core Strategy Aim No. 6 are adhered to and implemented, it is unlikely that there will be disturbances to key species and habitats or species fragmentation associated with these designated sites from the implementation of Proposed Variation No. 1.

Due to the content and nature of Proposed Variation No. 3, it is considered that there will be no disturbances to key species and habitat or species fragmentation from its adoption.

Reduction in species density

There are no designated sites within the Plan boundary. Hence, there will be no direct reduction in species density resulting from the implementation of the Proposed Variations.

As noted in Section 4.5.1 above, indirect impacts on the surrounding SAC’s and SPA’s and their qualifying interests could result from negative pressures/impacts from ground and surface waters. Any direct impacts on the surrounding ground and surface waters which feed wetland areas (e.g. pollutant spills, inappropriate discharges to the Camcor River or the Little Brosna River, for example) has the potential to impact negatively on the water dependant qualifying interests and high valued species, thereby potentially leading to a reduction in species density.

However, as with all developments that will arise from Proposed Variation No. 1, and indeed all developments within the Birr Town and Environs Development Plan, an appropriate project level Environmental Assessment and Habitats Directive Assessment will be completed prior to the determination of planning (where deemed necessary). This along with the implementation of the environmental protection policies and objectives contained in the adopted 2010 Town and Environs Development Plan will ensure that any works resulting from Proposed Variation No. 1 will not

AA Screening Report for Variation No. 1 of the BTEDP 2010-2016 and Variation No.3 of the OCDP 2009-2015

significantly impact on Natura 2000 sites or indeed sites of high ecological value (e.g. Little Brosna River, Birr Eskers, River Camcor etc).

Overall, in terms of the Natura 2000 sites within 15km of the Town Plan boundary no reduction in species density associated with these sites are predicted once implementation of the environmental protection policies and objectives of the Plan are observed through the adherence of all legal requirements with regard to Strategic Environmental Assessment, Habitats Directive Assessment, Water Framework Directive and Floods Directive, as appropriate.

Due to the nature of Proposed Variation No. 3, it is considered that there will be no reduction in species density from its adoption.

Changes in key indicators of conservation value

Water quality, is a key indicator of conservation value for any surface or ground water dependant Natura site (e.g. Lisduff Fen SAC, Dovegrove Callows SPA). The relationship between water quantity and quality and habitats is the key relationship that defines the structure and function of many of the SAC’s and SPA’s within 15km of the Plan’s boundary. General changes in water regimes resulting directly or indirectly from the construction or operation of any proposed development (e.g. abstraction pressures and diffuse pressures including mobile chemicals and mobile nutrients, drainage activities, point source pressures such as waste water discharges) would have deleterious effects upon aquatic biodiversity and flora and fauna including species protected under Annex II of the Habitats Directive (e.g. Geyer’s Whorl Snail Vertigo geyeri).

However, with the implementation of Policies BTEP13-01 and BTEP13-02 and environmental policies and objectives relating specifically to the aquatic environment Policies BTEP10-01, BTEP10-09, and Objectives BTEO10-05, BTEO10-06, BTEO10-07, BTEO10-08, BTEO10-09, BTEO10-11, BTEP10-17, BTEO10-04 no change in key indicators of conversation value are predicted from the implementation of Proposed Variation No. 1.

There will be no changes in key indicators of conservation value from the adoption of Variation No. 3.

Climate change

No projects giving rise to significant adverse changes in climatological conditions affecting the Natura 2000 sites shall be permitted on the basis of the provisions of the Proposed Variations (either individually or in combination with other plans or projects).

AA Screening Report for Variation No. 1 of the BTEDP 2010-2016 and Variation No.3 of the OCDP 2009-2015

4.5.4 Describe any likely impacts on the Natura 2000 site as a whole in terms of:

Interference with the key relationship that define the structure and function of the site

The Natura 2000 sites within 15km of the Town and Environs boundary, apart from the Slieve Bloom Mountains, are water dependant. Therefore, any impacts on surface waters or groundwater environments from developments associated with Proposed Variation No. 1 (Part A and Part B) could lead to the impairment or deterioration in the physical structure and chemical and biological status of these aquatic dependant environments, which in turn would lead to impacts on the key species and habitats for which these sites are designated. For example, the Geyer’s Whorl Snail Vertigo geyeri is widespread at Lisduff Fen SAC. As noted previously its presence indicates long term stability in the water levels at Lisduff Fen and changes to the water levels at this Fen could therefore have the potential to impact on this Annex II species from the alteration of the groundwater regime.

In general, any alteration to the quantity or quality of water within these water dependent sites, and any direct, indirect or cumulative impacts on the surrounding ground and surface waters which feed these designated sites, has the potential to have significant implications on the extent and quality of species/habitats and the key environmental conditions that support these site and which helps them function.

All developments that will arise from Proposed Variation No. 1 (Part A and B) and indeed all developments that will arise from the current Birr Town and Environs Development Plan 2010-2016, will be subject to an appropriate project level Environmental Assessment and Habitats Directive Assessment, where deemed necessary. This along with the adherence and implementation of the environmental protection policies and objectives contained in the adopted 2010 Development Plan and Core Strategy Aim No. 6 of Proposed Variation No. 1 will ensure that any works resulting from this Proposed Variation will not significantly impact upon the key relationships that define the structure and function of Natura 2000 sites or any sites of high ecological value (e.g. Camcor River, Birr Eskers, etc).

There will be no interference with the key relationships that define the structure and function of the Natura 2000 sites from the adoption of Proposed Variation No. 3.

4.5.5 Provide Indicators of significance as a result of the identification of effects set out above in terms of;

Offaly County Council and Birr Town Council is taking appropriate steps to avoid the deterioration of designated sites (through habitat/species loss, fragmentation, disturbance to key species etc.) in

AA Screening Report for Variation No. 1 of the BTEDP 2010-2016 and Variation No.3 of the OCDP 2009-2015

accordance with the policies and objectives set out in Chapters 10 and 13 of the Birr Town and Environs Development Plan 2010-2016 which specifically provide for the protection of the environment and of the designated sites within the Town and its surrounding environs.

It should be stressed again that any projects resulting from Proposed Variation No. 1 (Part A and Part B) shall be subject to a Habitats Directive Assessment (HDA) in accordance with the requirements of Article 6(3) of the EU Habitats Directive (Directive 92/43/EEC), where required.

4.5.6 Describe from the above those elements of the project or plan, or combination of elements, where the above impacts are likely to be significant or where the scale or magnitude of impacts is not known.

Not applicable.

4.6 Finding of No Significant Effects Report Matrix

Name of project or plan:

Variation No. 1 of the Birr Town and Environs Development Plan 2010-2016: A. Include a Core Strategy B. Include Riverstown Village Plan and:

Variation No. 3 of the Offaly County Development Plan 2009-2015:

A: Remove Riverstown Village Plan from Volume 2

Name and location of Natura 2000 sites:

There are no Natura 2000 sites within the Plan boundary. See Section 4.3 for Natura 2000 sites within 15km of Plan boundary.

Description of the project or plan:

See Section 3 for description of Proposed Variations.

AA Screening Report for Variation No. 1 of the BTEDP 2010-2016 and Variation No.3 of the OCDP 2009-2015

Is the Proposed Variation necessary to the management of Natura 2000 Sites?

The Proposed Variations are not directly connected with or necessary to the management of the Natura 2000 sites but rather the future planning and sustainable development of the Birr Town and its Environs, including Riverstown Village.

Are there other projects or plans that together with the project or plan being assessed could affect the sites (provide details)?

In general, any development that may result from the implementation of a Proposed Variation could lead to a number of impacts depending on where the developments are sited, the scale of development and types and quantities of emissions. However, the provisions of Proposed Variation No. 1 (Part A and Part B) have been devised so as not to conflict with the policies and objectives of the Birr Town and Environs Development Plan 2010-2016 for which both an AA Screening and full SEA were completed.

As is required by the Core Strategy (Part A of Proposed Variation No. 1), the land-use map that accompanies this Proposed Variation includes for the phasing of residentially zoned lands in order to ensure consistency with the population targets for County Offaly. The consequence of this will be a decreased impact in the Birr Town and its surrounding environs with regard to the location, nature and scale of future residential development thereby reducing potential pressures on existing infrastructural services and ensuring that new developments take place in tandem with the establishment of appropriate facilities such as wastewater, community and road infrastructure from residential properties. This will avoid negative impacts arising from cumulative effects (e.g. eutrophication, species reduction/loss, fragmentation of habitats) and would result in decreased environmental pressures with regard to the location, nature and scale of future residential development on Natura 2000 sites and sites of high ecological value.

Part B of the Proposed Variation relates to the inclusion of the Riverstown Village Plan in Volume 2 of the Birr Town and Environs Development Plan. No material changes have been made to this Plan as part of this Proposed Variation and any changes to text have been completed for clarity purposes only. The aims, policies and objectives of this Village Plan were subject to assessment as part of the SEA and AA completed for the Offaly County Development Plan in 2009. Any projects that may arise from this Village Plan will be subject to an appropriate project level Environmental Assessment (which will include an assessment of cumulative effects of developments or activities on a range of receptors including Natura 2000 sites and their qualifying features) and Habitats Directive Assessment, where deemed necessary. This along with the implementation of the environmental protection policies and objectives contained in the adopted 2010 Development Plan will ensure that any works resulting from

AA Screening Report for Variation No. 1 of the BTEDP 2010-2016 and Variation No.3 of the OCDP 2009-2015

Part B of Proposed Variation No. 1 will not significantly impact on Natura 2000 sites or indeed sites of high ecological value.

In summary, all developments permitted on foot of Proposed Variation No. 1 shall be required to conform to National and European regulations and legislation for the prevention of environmental effects (direct, indirect and cumulative effects) which would adversely impact on the integrity and conservation objectives of Natura 2000 sites. Implementation of the Development Plans natural heritage policies and objectives contained within the Town and Environs Development Plan 2010- 2016 will ensure that no development will be permitted that will significantly adversely impact on Natura 2000 sites2.

Due to the nature of Proposed Variation No. 3, it is considered that there will be no significant impact on Natura 2000 sites or indeed sites of high ecological value from its adoption.

The assessment of significance of effects

Describe how the plan (alone or in combination) is likely to affect the Natura 2000 site:

As mentioned in the previous sections, any development that may result from the implementation of Proposed Variation No. 1 could lead to a number of impacts depending on where the development is sited, the scale of development and types and quantities of emissions. However, the provisions of the Proposed Variation have been devised so as not to conflict with the policies and objectives of the adopted Birr Town and Environs Development Plan 2010-2016 for which both an AA Screening and full SEA were completed.

To reiterate, any developments permitted on foot of Proposed Variation No. 1 shall be required to conform to National and European regulations and legislation for the prevention of environmental effects which would adversely impact on the integrity and conservation objectives of Natura 2000 sites. This, along with the implementation of the County’s natural heritage policies and objectives contained within the Offaly County Development Plan 2009-2015 and Birr Town and Environs Development Plan’s environment policies and objectives will ensure that no development will be permitted that will significantly adversely impact on Natura 2000 sites or site of high ecological status/value2.

In terms of Proposed Variation No. 3, it is considered that there will be no significant impact on Natura 2000 sites or indeed sites of high ecological value from its adoption. This Variation will simply facilitate the removal of the Riverstown Village Plan from the Offaly County Development Plan to allow for its inclusion in the Birr Town and Environs Development Plan.

AA Screening Report for Variation No. 1 of the BTEDP 2010-2016 and Variation No.3 of the OCDP 2009-2015

Explain why these effects are not considered significant:

Any developments permitted on foot of Proposed Variation No. 1 shall be required to conform to National and European regulations and legislation for the prevention of environmental effects which would adversely impact on the integrity and conservation objectives of Natura 2000 sites. This along with the natural heritage and environmental protection policies and objectives to which this Proposed Variation must comply will ensure that no development is permitted that will significantly adversely impact on Natura 2000 sites (directly or indirectly).

Due to the nature of Proposed Variation No. 3, it is considered that there will be no significant impact on Natura 2000 sites or indeed sites of high ecological value from its adoption.

List of agencies consulted:

As part of the SEA Screening, the following statutory bodies were consulted. • Environmental Protection Agency (EPA); • Department of Environment, Community and Local Government (DoECLG);

o Copy also sent to Department of Arts, Heritage & the Gaeltacht, having regard to the recent transfer of Heritage and NPWS Section from former Department of Environment, Heritage and Local Government. • Department of Communications, Energy and Natural Resources (DCENR) • Department of Agriculture, Marine and Food (DoAMF) • Adjoining Planning Authorities.

Regard was taken of the SEA screening submissions received relating to Natura 2000 sites.

Data collection to carry out the assessment Who carried out this assessment? WYG Environmental & Planning Ireland Ltd.

Sources of data Existing Literature, Records & Data Information published by the NPWS and EPA.

Level of assessment completed A desktop study was completed utilising existing information from the relevant state authorities.

Where the full results of the assessment can be accessed and viewed? Please see public notice announcing Proposed Variations No. 1 and No. 3.

AA Screening Report for Variation No. 1 of the BTEDP 2010-2016 and Variation No.3 of the OCDP 2009-2015

5 Conclusion

This Screening Report for the Appropriate Assessment of the Proposed Variation No. 1 to the Birr Town and Environs Development Plan 2010-2016 and Proposed Variation No. 3 of the Offaly County Development Plan 2009-2015, has been carried out in accordance with the Methodological Guidance on the Provision of Article 6(3) and (4) of the Habitats Directive 92/43/EEC as published by the European Commission.

Development that may result from the adoption and implementation of Proposed Variation No. 1, could lead to a number of impacts resulting from, for example, pollutant spills, waste generation, surface and groundwater pollution, species disturbance and loss (e.g. waterbirds, Vertigo geyeri) and habitat fragmentation etc. However, any development arising from Proposed Variation No. 1 will be required to confirm to National and European regulations and legislation for the prevention of environmental effects which would adversely impact on the integrity and conservation objectives of Natura 2000 sites and will have to adhere to all environmental protection policies and objectives contained within the current 2010 Town and Environs Development Plan and indeed the 2009 Offaly County Development Plan. This will ensure that no developments or projects with the potential for significant adverse impacts on Natura 2000 sites or indeed sites of high ecological status (e.g. River Camcor, Little Brosna River, Birr Eskers) will be permitted.

In terms of Proposed Variation No. 3 of the Offaly County Development Plan, this Variation has been proposed solely to facilitate the inclusion of the Riverstown Village Plan in the Birr Town and Environs Development Plan. It is proposed that the Variation No. 1 and No. 3 are adopted jointly thereby ensuring the continuous protection of designated sites in close proximity to Riverstown Village through the implementation of the environmental policies and objectives of both Development Plans.

Therefore, in accordance with the Methodological Guidance on the Provision of Article 6(3) and (4) of the Habitats Directive 92/43/EEC, it is concluded that Proposed Variation No. 1 to the Birr Town and Environs Development Plan 2010-2016 and Proposed Variation No. 3 to the Offaly Development Plan 2009-2015, do not require any further assessment to demonstrate compliance with the Directive.

Addendum No. 1

to the

Habitats Directive Assessment Screening Report for

Variation No. 1 of the Birr Town and Environs Development Plan 2010- 2016

and

Variation No. 3 of the Offaly County Development Plan 2009-2015

Screening of the Recommendations included in the Manager’s Report dated 24th January 2013

Contents 1. INTRODUCTION ...... 3 1.1 PURPOSE OF CURRENT REPORT ...... 3 1.2 METHODOLOGY ...... 4 2. SCREENING MATRIX ...... 4 2.1 SCREENING OF PROPOSED AMENDMENTS ...... 4 3. ASSESSMENT OF POTENTIAL IMPACTS ...... 5 3.1 SCREENING ASSESSMENT ...... 5 4. CUMULATIVE IMPACTS ...... 6 5. CONCLUSIONS ...... 6

2 1. INTRODUCTION

This document represents Birr Town Council and Offaly County Council’s Appropriate Assessment (AA) Screening Report of the recommended amendments to Proposed Variation No. 1 of the Birr Town and Environs Development Plan 2010-2016 and Proposed Variation No. 3 of the Offaly County Development Plan 2009-2015.

Proposed Variation No. 1 of the Birr Town and Environs Development Plan 2010-2016 and Proposed Variation No. 3 of the Offaly County Development Plan 2009-2015 were first placed on public display on the 21st of November 2012. A Manager’s Report on the submissions/observations received during the display period has now been prepared and is to be submitted, with recommendations, to the Elected Members for their consideration on the 24th January 2013. The Managers Report includes a response to the submission made on the proposed variations by the Environmental Authorities.

The recommended changes that arose from the Manager’s recommendations are assessed below. The recommended changes in the Manager’s Report should be read in conjunction with Proposed Variation No. 1 of the Birr Town and Environs Development Plan 2010-2016 and Proposed Variation No. 3 of the Offaly County Development Plan 2009-2015.

This AA screening report has been prepared in accordance with the requirements of Article 6(3) of the Habitats Directive (Directive 92/43/EEC). Following guidance issued by the Department of Environment, Heritage and Local Government, 2010 (Appropriate Assessment of Plans and Projects in Ireland – Guidance for Planning Authorities), plans and projects requiring to be considered for AA screening include:

. Regional Planning Guidelines (RPGs); . City and County Development Plans (CDPs) and any material amendments/variations; . Development Plans by Town Councils (TCDPs) and any amendments/variations; . Planning Schemes in respect of Strategic Development Zones (SDZs), and . Local Area Plans (LAPs) and any amendments.

1.1 PURPOSE OF CURRENT REPORT

This AA screening report presents an assessment of the recommended amendments to Proposed Variation No. 1 of the Birr Town and Environs Development Plan 2010-2016 and Proposed Variation No. 3 of the Offaly County Development Plan 2009-2015. It is to be read in conjunction with the initial AA screening report for the proposed variations which was prepared and issued in August 2012. That initial screening report provides a full screening matrix including details of the Natura 2000 sites assessed and the potential for negative impact arising from the proposed variations. These details are therefore not re-presented in the current report.

The original screening report concluded that significant impacts on Natura 2000 sites will not occur as a result of the proposed variations and hence the screening process terminated at Stage 1. This report therefore presents, as required, an assessment of the recommended amendments to the original proposed variations to determine whether or not these additional proposed changes, either individually or in combination, are likely to result in any significant negative impacts on Natura 2000 sites.

3 1.2 METHODOLOGY

This addendum to the Habitats Directive Assessment Screening Report for Appropriate Assessment has been prepared with regard to the following guidance documents where relevant:

- 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 Directorate General, 2001).

- Managing Natura 2000 Sites: The Provisions of Article 6 of the Habitats Directive 92/43/EEC (EC Environment Directorate General, 2000).

- Appropriate Assessment under Article 6 of the Habitats Directive: Guidance for Planning Authorities Circular NPW 1/10 & PSSP 2/10.

- Appropriate Assessment of Plans and Projects in Ireland – Guidance for Planning Authorities. (Department of Environment, Heritage and Local Government, 2010 revision).

- Guidelines for Good Practice, Appropriate Assessment of Plans under Article 6(3) Habitats Directive (International Workshop on Assessment of Plans under the Habitats Directive, 2011).

- Guidance Document on Article 6(4) of the Habitats Directive 92/43/EEC. Clarification of the Concepts of Alternative Solutions, Imperative Reasons of Over-riding Public Interest, Compensatory Measures, Overall Coherence. Opinion of the European Commission (European Commission, January 2007).

2. SCREENING MATRIX

2.1 SCREENING OF PROPOSED AMENDMENTS

Each of the proposed amendments to the Proposed Variation No. 1 of the Birr Town and Environs Development Plan 2010-2016 and Proposed Variation No. 3 of the Offaly County Development Plan 2009- 2015 have been examined and assessed for potential significant negative impact on the Natura 2000 network.

The following Screening Matrix presents an assessment of each of these proposed amendments.

Recommended Amendment Potential for Negative Impact on Natura 2000 sites

Replace Map 2 showing flood zone A and B with one No negative impact on Natura 2000 showing flood Zones and zoning plan. sites. Map is included for clarification purposes. Include the following text in Riverstown Village Plan: No negative impact on Natura 2000 For the purposes of this Riverstown Village Plan, sites. Reference is included for lands designated ‘Other Settlement Lands’ shall have clarification purposes. the objectives and meaning assigned to them in Paragraph 18.3.3 and Table 18.1 of the Offaly County Development Plan 2009-2015.

4 No negative impact on Natura 2000 Paragraph 3.1 sites. Amendment reflects the ...This Core Strategy puts in place a framework that language of the Midland Regional will support and encourage moderate targeted Planning Guidelines. population growth throughout the lifetime of this plan to 2016...

Amend the title table 1 as below: Table 1 Settlement No negative impact on Natura 2000 Hierarchy (extract from the Core Strategy Table of sites. Amendment reflects the the Offaly CDP and also the MRPGs) language of the Midland Regional Planning Guidelines.

3. ASSESSMENT OF POTENTIAL IMPACTS

3.1 SCREENING ASSESSMENT

An assessment of the objectives and policies of Proposed Variation No. 1 of the Birr Town and Environs Development Plan 2010-2016 and Proposed Variation No. 3 of the Offaly County Development Plan 2009- 2015 was undertaken and no significant impacts were identified.

An assessment of the recommended amendments as listed in the Manager’s Report to Proposed Variation No. 1 of the Birr Town and Environs Development Plan 2010-2016 and Proposed Variation No. 3 of the Offaly County Development Plan 2009-2015 has now also been undertaken (See Section 2.1 above) and no significant impacts were identified.

The recommended amendments were assessed against the factors as listed: - size and scale; land-take; distance from the Natura 2000 site or key features of the site; resource requirements (water abstraction etc.); emissions (disposal to land, water, or air); excavation requirements); transportation requirements; duration of construction, operation, decommissioning, etc.; habitat area; disturbance to key species; habitat or species fragmentation; species density; changes in key indicators of conservation value (water quality etc.); climate change; key relationships that define the structure of the site; key relationships that determine the function of the site.

The recommended amendments to Proposed Variation No. 1 of the Birr Town and Environs Development Plan 2010-2016 and Proposed Variation No. 3 of the Offaly County Development Plan 2009-2015, therefore also serve to ensure that no significant negative impact arises from the proposed variations with any recommended amendments.

5 4. CUMULATIVE IMPACTS

The National Spatial Strategy 2002-2020, the National Development Plan 2007-2013 set the national planning framework within which Proposed Variation No. 1 of the Birr Town and Environs Development Plan 2010-2016 and Proposed Variation No. 3 of the Offaly County Development Plan 2009-2015 have been prepared. At a regional level, the Midland Regional Planning Guidelines provide the framework for plans to be developed while at a local level both the Offaly County Development Plan 2009-2015 and the Birr Town and Environs Development Plan 2010-2016 are in force.

These documents have been subject to screening for Appropriate Assessment to ensure no significant impacts are likely. Proposed Variation No. 1 of the Birr Town and Environs Development Plan 2010-2016 and Proposed Variation No. 3 of the Offaly County Development Plan 2009-2015 and the recommended amendments to the proposed variations have been prepared taking the objectives and policies of these plans into account.

The assessment for Proposed Variation No. 1 of the Birr Town and Environs Development Plan 2010-2016 and Proposed Variation No. 3 of the Offaly County Development Plan 2009-2015 and the recommended amendments to the variations indicates there will be no significant impacts to the Natura 2000 network arising from this plan.

In relation to potential cumulative impacts arising from the proposed variations and the recommended amendments, in conjunction with other plans and projects, it is a requirement that each of these, in addition to each individual application within the plan areas themselves, will all be subject to screening for appropriate assessment to ensure there will be no significant negative impact on Natura 2000 sites. Taken together, adherence to this required approach will ensure no cumulative impacts will arise from these plans.

5. CONCLUSIONS

This screening report has evaluated the proposed amendments to Proposed Variation No. 1 of the Birr Town and Environs Development Plan 2010-2016 and Proposed Variation No. 3 of the Offaly County Development Plan 2009-2015 to determine whether or not significant negative impacts on Natura 2000 sites are likely to arise by virtue of the inclusion of the recommended amendments. The report finds that the recommended amendments to the proposed variations have been formulated to ensure that developments and effects arising from them, either individually or in combination with other plans and projects, shall not give rise to significant effects on the integrity of any Natura 2000 site.

The Appropriate Assessment procedure is therefore concluded at this second Screening Stage and a detailed (Stage 2) Appropriate Assessment is not required.

Appendix C:

Submission from EPA

Mr Eoghan Lynch Forward Planning Department Áras an Chontae, Charleville Road Tullamore Co. Offaly

10th December 2012 Our Ref: 120901.2& 120902.2

Re. Proposed Variation No. 1 of the Birr Town and Environs Development Plan 2010-2016 and Proposed Variation No. 3 to the Offaly County Development Plan 2009-15

Dear Mr Lynch,

The Environmental Protection Agency (EPA) acknowledges your notice, dated 20th November 2012, regarding the above and notes its contents.

SEA Determination Your position with regard to the need for Strategic Environmental Assessment (SEA) of the Variations is noted.

The Agency acknowledges the reference to the previous submission made by the Agency, dated the 14th September 2012 and notes the response to the specific comments raised in relation to the Proposed Variations.

Future Amendments to the Plan You are reminded that it is a matter for Offaly County Council and Birr Town Council to determine whether or not any future proposed Amendments/Variations would be likely to have significant effects on the environment. This assessment should take account of the SEA Regulations Schedule 2A Criteria (S.I. No. 436 of 2004) and should be subject to the same method of assessment as undertaken in the “environmental assessment” of the Draft Variations.

Obligations with respect to National Plans and Policies and EU Environmental Legislation You are referred to your responsibilities and obligations in accordance with all national and EU environmental legislation. It is a matter for Offaly County Council and Birr Town Council to ensure that, when undertaking and fulfilling their statutory responsibilities; they are at all times compliant with the requirements of national and EU environmental legislation.

Updated SEA Regulations / Circular Your attention is brought to the new SEA Regulations, which should be referenced and integrated into the Plan and SEA process.

Amending SEA Regulations were signed into Irish law on the 3rd May 2011, amending the original SEA Regulations: • Planning and Development (Strategic Environmental Assessment) (Amendment) Regulations 2011, (S.I. No. 201 of 2011), amending the Planning and Development (Strategic Environmental Assessment) Regulations 2004 (S.I. No. 436 of 2004).

You are also referred to the recent DoECLG Circular (PSSP 6/2011) issued on the 26th July 2011 to each County/City Manager, Director of Services and Town Clerk in relation to ‘Further Transposition

120901.2 & 120902.2 EPA Screening Comments Birr TEDP & Var3 OffalyCDP 10.12.12 1

of the EU Directive 2001/42/EC on Strategic Environmental Assessment (SEA)’ which should also be referred to and integrated into the Variations.

Environmental Authorities You are reminded of the requirement, where appropriate under the SEA Regulations, and as amended by S.I. No. 201 of 2011, to give notice to the following: • The Environmental Protection Agency

• The Minister for the Environment, Community & Local Government

• Minister for Agriculture, Marine and Food, and the Minister for Communications Energy and Natural Resources, where it appears to the planning authority that the plan or programme, or modification of the plan or programme, might have significant effects on fisheries or the marine environment

• where it appears to the competent authority that the plan or programme, or amendment to a plan or programme, might have significant effects in relation to the architectural heritage or to nature conservation, the Minister for Arts, Heritage and Gaeltacht Affairs, and

• any adjoining planning authority whose area is continuous to the area of a planning authority which prepared a draft plan, proposed variation or local area plan.

You are further reminded that a copy of your decision regarding the determination should be made available for public inspection at your offices, local authority website and should also be notified to any Environmental Authorities already consulted.

Should you have any queries or require further information in relation to the above please contact the undersigned. I would be grateful if an acknowledgement of receipt of this submission could be sent electronically to the following address: [email protected].

Yours sincerely,

Cian O’Mahony Scientific Officer SEA Section Office of Environmental Assessment Environmental Protection Agency Regional Inspectorate Inniscarra, County Cork

120901.2 & 120902.2 EPA Screening Comments Birr TEDP & Var3 OffalyCDP 10.12.12 2