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Adamstown Sdz Planning Scheme 2014: Appropriate Assessment Screening Report

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Adamstown Sdz Planning Scheme 2014: Appropriate Assessment Screening Report Adamstown ADAMSTOWN SDZ PLANNING SCHEME 2014: APPROPRIATE ASSESSMENT SCREENING REPORT South Dublin County Council Land Use Planning & Transportation Department Part 1 Determination as to whether or not the Adamstown SDZ Planning Scheme and Draft Amendments would adversely affect the integrity of a European site Determination A formal screening process of the Adamstown SDZ Planning Scheme 2003 and the 2013 Draft Amendments was carried out to determine whether Appropriate Assessment Article 6(3) of the Habitats Directive was required. The screening exercise were carried out in accordance with the Commission’s methodological guidance (EC, 2002) to determine a) whether the plan or project is directly connected to or necessary for the management of the site and b) whether the plan, alone or in combination with other plans and projects, is likely to have significant effects on a Natura 2000 site(s) in view of the site(s) conservation objectives. It was determined that an Appropriate Assessment of the Planning Scheme and Draft Amendments was not required having regard to: • The AA Screening Report (October 2013) and Addendum to the Screening Report (January 2014); • The characteristics of the Planning Scheme; • The objectives of the Plan to protect Natura 2000 sites and biodiversity; • The Strategic Environmental Assessment Environmental Report prepared; and • The consultations with the Prescribed Bodies Part 2 Appropriate Assessment Screening Report South Dublin County Habitats Directive Assessment SCREENING OF THE ADAMSTOWN SDZ PLANNING SCHEME, 2003 AND DRAFT AMENDMENTS, 2013 FOR APPROPRIATE ASSESSMENT IN ACCORDANCE WITH THE REQUIREMENTS OF ARTICLE 6(3) OF THE EU HABITATS DIRECTIVE South Dublin County Council County Hall Tallaght Dublin 24 CONTENTS SECTION 1 Introduction 1.1 Background 1.2 The Appropriate Assessment Process 1.2.1 Formal Guidance 1.2.2 Other Guidance Documents 1.2.3 Aim of the Screening Process SECTION 2 Screening Matrix 2.1 Location and Description of the Adamstown SDZ lands 2.2 Context of the Planning Scheme 2.2.1 Structure and Content of the Planning Scheme 2.3 Assessment of Relevance of the Planning Scheme to Natura 2000 Sites . 2.3.1 Introduction 2.3.2 Natura 2000 Sites within South Dublin County 2.3.3 Natura 2000 Sites relevant to the Adamstown SDZ lands 2.4 Avoidance of Impacts SECTION 3 Descriptions of Natura 2000 Sites SECTION 4 Assessment of Potential Impacts 4.1 Assessment of the Adamstown SDZ Planning Scheme 4.2 Cumulative Effects SECTION 5 Conclusions Appendix 1 Descriptions of Relevant Natura 2000 sites Appendix 2 Relevance of Natura 2000 to Adamstown SDZ lands Appendix 3 Screening of the Draft Amendments Appendix 4 Relevant County Development Plan Objectives. Section 1- Introduction 1.1 Background Habitats Directive (92/43/EEC) 1 , South Dublin County Council are undertaking This document represents South Dublin an appropriate assessment screening of County Council’s Appropriate Assessment the impact of the Planning Scheme and (AA) Screening Report for the the draft amendments on Natura 2000 Adamstown Strategic Development Zone network of European sites, comprising (SDZ) Planning Scheme, 2003 in South both Special Areas of Conservation Dublin County. This report has been (SAC’s, including candidate SAC’s), and prepared in accordance with the Special Protection Areas (SPAs, including requirements of Article 6(3) of the proposed SPAs. Habitats Directive (Directive 92/43/EEC). Council Directive 92/43/EEC on the The Adamstown SDZ Planning Scheme conservation of natural habitats and of 2003, predated the 2010 amendment to wild flora and fauna (Habitats Directive) the Planning and Development Act 2000 was transposed into Irish law by the (as amended) and was not subject to an European Community (Natural Habitats) Appropriate Assessment Screening prior Regulations 1997 (S.I. No. 94/1997) and to its approval. amended by S.I No. 477 of 2011, EC (Birds and Natural Habitats) Regulations. The Planning Scheme is subject to a review currently where forty-nine Article 6 (3) of the ‘Habitats’ Directive amendments have been proposed. It is 92/43/EEC states that; Any plan or noted that the Scheme was subject to an project not directly connected with or Environmental Appraisal in 2003. The necessary to the management of the site amendments currently proposed have but likely to have a significant effect been subject to a Strategic thereon, either individually or in Environmental Assessment to determine combination with other plans or projects, the likely significant effects of shall be subject to appropriate implementing the amended Scheme on assessment of its implications for the site the environment. in view of the sites conservation objectives. In the light of the conclusions The preparation of the amendments to of the assessment of the implications for the Planning Scheme was an iterative the site and subject to the provisions of process which worked to inform the paragraph 4, the competent national development of appropriate policies and authorities shall agree to the plan or objectives from the earliest stages of the project only after having ascertained that preparation process. As a result, there it will not adversely affect the integrity of are a number of objectives in place that the site concerned and, If appropriate, relate to general environmental after having obtained the opinion of the protection throughout the Plan lands. general public. Having regard to the Planning and Article 6(4) states: 'if, in spite of a Development (Amendment) Act 2010 negative assessment of the implications (No. 30 of 2010) in the context of the for the site and in the absence of legislative clarification regarding the obligations on planning authorities under 1 the Birds Directive (79/409/EEC) and the Clarification sought from European Commission that existing land use plans are fully compliant with the EU Directives; detailed in the Dept. Of Environment, Community and Local Government Circular “PSSP 5/2011 re: compliance of existing land use plans with the EU Habitats Directive” alternative solutions, a plan or project 1.2 The Appropriate Assessment must nevertheless be carried out for Process imperative reasons of overriding public interest, including those of economic or Article 6 (3) and (4) of the Habitats social nature, the Member State shall Directive2 requires an assessment of a take all compensatory measures project or plan which may give rise to a necessary to ensure that the overall significant effect on a Natura 2000 site. coherence of Natura 2000 is protected. It There are four stages included in the AA shall inform the Commission of the process which may be summarised below. compensatory measures adopted. Where This screening report is the first step the site concerned hosts a priority assessment of the planning scheme and natural habitat type and/or a priority draft amendments. species the only considerations which may be raised are those relating to Stage 1: Screening human health or public safety, to The first step to establishing if an beneficial consequences of primary appropriate assessment is required is importance for the environment or, referred to as ‘screening’ and its further to an opinion from the purpose is to determine on the basis of a Commission, to other imperative reasons preliminary assessment and objective of overriding public interest. criteria if the plan, alone or in combination with other plans or Article 6(3) therefore requires that an projects, could have a significant effect "appropriate assessment" be undertaken on a Natura 2000 site in view of the for any plan or project which is not sites conservation objectives. The necessary for the management of a process identifies any likely impacts upon Natura 2000 site and which has the a Natura 2000 Site, either alone or in potential to have an impact on the combination with other projects or plans, integrity of a Natura 2000 site i.e. a and considers whether these impacts Special Area of Conservation (SAC) or a are likely to be significant. Special Protection Area for Birds (SPA), or on the conservation objectives of such Stage 2: Appropriate Assessment a site. These sites are those designated The consideration of the impact of the under European Commission’s Natura project or plan on the integrity of the 2000 network of sites. These “European Natura 2000 Site, either alone or sites” are designated on the basis of the in combination with other projects or presence of certain habitats and species plans to the site’s structure and that are deemed to be of international function and its conservation objectives. importance. Additionally, where there are adverse impacts, an assessment of the potential In order to ensure that the Planning mitigation of those impacts. Scheme complies fully with the requirements of Article 6 of the Habitats Stage 3: Alternative Solutions Directive and all relevant Irish The process which examines alternative transposing legislation, a screening of ways of achieving the objectives of the the Scheme was carried out to see if it project or plan that avoid adverse requires an AA. This report documents impacts on the integrity of the Natura the outputs of this process. 2000 site. Stage 4: Imperative Reasons of Overriding Public Interest - Guidance Document on Article 6(4) of the Habitats Directive This stage is the main derogation 92/43/EEC. Clarification of the process of Article 6(4) which examines Concepts of Alternative Solutions, whether there are imperative reasons of Imperative Reasons of Over- overriding
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