Castletownbere R572 Upgrade

Appropriate Assessment Screening Report

Cork County Council

Project Number: 60535188

22 March 2019 Report to Inform Screening for Appropriate Assessment R-572 upgrade

Quality information

Prepared by Checked by Verified by Approved by

Approved verbally

Alison Donnelly Nick Dadds James Riley Robert Fennelly Graduate Ecologist Senior Ecologist Technical Director (Ecology) Principal Ecologist

Revision History

Revision Revision date Details Authorized Name Position

0 22 March 2019 Planning Issue Yes Robert Fennelly Principal Ecologist

Distribution List

# Hard Copies PDF Required Association / Company Name Report to Inform Screening for Appropriate Assessment Castletownbere R-572 upgrade

Prepared for: County Council

Prepared by: Alison Donnelly Graduate Ecologist T: +353-(0)1-238-3181 E: [email protected]

AECOM Limited 4th Floor Adelphi Plaza Georges Street Upper Dun Laoghaire Co. Dublin A96 T927 Ireland

T: +353 1 238 3100 aecom.com

© 2019 AECOM Ireland Limited. All Rights Reserved.

This document has been prepared by AECOM Ireland Limited (“AECOM”) for sole use of our client (the “Client”) in accordance with generally accepted consultancy principles, the budget for fees and the terms of reference agreed between AECOM and the Client. Any information provided by third parties and referred to herein has not been checked or verified by AECOM, unless otherwise expressly stated in the document. No third party may rely upon this document without the prior and express written agreement of AECOM. Report to Inform Screening for Appropriate Assessment Castletownbere R-572 upgrade

Table of Contents

1. Introduction ...... 1 1.1 Overview of Proposed Development and Site ...... 1 1.2 Legal and Planning Context ...... 1 1.2.1 Appropriate Assessment ...... 1 1.3 European Sites ...... 1 2. Project Description ...... 3 2.1 Summary of the proposed project...... 3 2.2 Construction Programme ...... 3 2.3 Lighting ...... 3 2.4 Surface Water Management ...... 3 2.4.1 Existing ...... 3 2.4.2 Proposed ...... 3 3. Methodology ...... 4 3.1 European Guidance ...... 4 3.2 National Guidance ...... 4 3.3 Desktop Study ...... 4 3.4 Field Surveys ...... 5 3.5 Steps in Screening ...... 5 3.5.1 Links with European Sites ...... 5 3.5.2 Zones of Influence and Proximity to Identify Relevant Sites ...... 6 3.6 The Precautionary Principle ...... 10 4. Baseline Description ...... 11 4.1 Overview of Proposed Development Site...... 11 4.2 European Sites ...... 11 4.3 Habitats ...... 13 4.3.1 Terrestrial Habitats and Invasive Species ...... 13 4.3.2 Aquatic Habitats ...... 13 4.4 Mobile Species...... 14 4.4.1 Qualifying Interest Otter ...... 14 4.4.2 Qualifying Interest Lesser Horseshoe Bat ...... 14 4.4.3 Special Conservation Interest Birds ...... 14 4.4.4 Qualifying Interest Invertebrates ...... 15 5. Screening Assessment ...... 16 5.1 Management of European Sites ...... 16 5.2 Summary of Information Required ...... 16 5.3 Assessment of Source-Pathway-Receptor Links ...... 17 5.3.1 Noise, Vibration, Lighting and Human Presence ...... 17 5.3.2 Pollution from Surface Water Runoff ...... 17 5.3.3 Disturbance/Spread of Invasive Species ...... 17 5.3.4 Changes of Yield or Quality of Groundwater Associated with Earthworks during Construction ...... 18 5.3.5 Summary Findings ...... 18 5.4 In-combination Effects ...... 18 5.4.1 Introduction ...... 18 5.4.2 Planning Application Search ...... 18 5.4.3 Plans ...... 20 5.4.4 In-combination Conclusion ...... 21 6. Screening Conclusion...... 22 References ...... 23 Appendix A Figures ...... 25

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Tables

Table 1. Zones of Influence Estimated for Potential Effects from the Proposed Development site...... 8 Table 2. Conservation Objectives for Special Areas of Conservation Referenced in AA Screening Report ...... 11 Table 3. Conservation Objectives for Special Protection Areas Referenced in AA Screening Report ...... 13 Table 4. Summary of Information Required to Complete Screening Assessment ...... 16

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1. Introduction

AECOM Ireland Limited (hereafter referred to as AECOM) was commissioned by Cork County Council to produce this Report to Inform Screening for Appropriate Assessment (AA) in relation to the Castletownbere R572 Upgrade, in coastal (hereafter ‘the Proposed Development’).

1.1 Overview of Proposed Development and Site

The Proposed Development site (Figure 1) is located between Castletownbere, Bearhaven town, and Millcove. The Proposed Development site is bounded to the south by Bay and nearby Dinish Island, and to the north by residential housing and farmland.

Broadly, the Proposed Development would result in an upgrade of the R-572 on approach to Castletownbere. The purpose of the project is to improve the road on approach to Castletownbere, including pedestrian and cycle facilities, junction improvements, localised on street parking, drainage, landscaping, signage and road markings.

1.2 Legal and Planning Context

This AA Screening Report will be provided by AECOM to Cork County Council (CCC), as the competent authority for making determinations in relation to Screening for AA under the legislation set out in Section 1.2.

The European Communities Habitats Directive 92/43/EEC (“the Habitats Directive”) provides, in Article 6 (3), the legal basis for AA (and by proxy the legal basis for Screening for AA1) at European level. In the context of the Proposed Development’, the requirement (to screen) for AA under the Habitats Directive is transposed by the Planning and Development Acts (2010 to 2017 as amended); ‘the Planning Acts’, and the Planning and Development Regulations (2010 to 2018, as amended).

Under Section 177U (1) of the Planning Acts, a Screening for AA of the Proposed Development shall be carried out by the competent authority (in this case, CCC) to assess in view of best scientific knowledge, if the Proposed Development’, either individually or in combination with other plans or projects, is likely to have a significant effect (s) on any European sites. The term ‘European site’ is defined in Section1.3.

Under Section 177U (5) of the Planning Acts, the competent authority shall determine that an AA of a Proposed Development is required if it cannot be excluded [emphasis added] that the Proposed Development will have a significant effect on a European site(s), on the basis of objective information, individually or in combination with other plans or projects2.

1.2.1 Appropriate Assessment

An AA is triggered by an AA Screening determination that concludes significant effects on European sites are likely (or more specifically ‘cannot be excluded on the basis of objective information’). If triggered, the competent authority must complete an AA to determine whether the project will adversely affect the integrity of any European site, in light of the site’s Conservation Objectives. The competent authority’s AA is typically informed by a Natura Impact Statement prepared by a technical expert.

1.3 European Sites

In the , European sites3 comprise:

· Special Areas of Conservation (SACs) designated for habitats, plants, and non-bird species; · Special Protection Areas (SPAs) designated for bird species and their habitats; and, · Candidate sites including ‘cSACs’.

1 It is noted that there is, strictly speaking, no stated requirement to conduct Screening for AA in the Habitats Directive. The requirement for Screening arose from guidance issued by the European Commission (EC, 2001), and was subsequently made a statutory requirement in Irish law. 2 The’ Waddenzee’ ruling (C-127/02) is an influential judgement of the European Court of Justice (ECJ) which has clarified what "likely to have a significant effect" means; specifically that, "if it cannot be excluded on the basis of objective information, that it will have a significant effect on the site" and that unless a significant effect can be objectively ruled-out with certainty, then it is 'likely'. 3 “European site” replaced the term “Natura 2000 site” under the EU (Environmental Impact Assessment and Habitats) Regulations 2011 S.I. No. 473 of 2011.

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The process of designating cSACs as SACs is ongoing in Ireland. The term SAC is used throughout this AA Screening Report for both SACs and cSACs, given they are subject to equal protection.

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2. Project Description

2.1 Summary of the proposed project

The Proposed Development involves upgrades over a distance of 5km to the R-572 on approach to Castletownbere. The purpose of the Proposed Development is to improve pedestrian and cycle facilities on approach to Castletownbere; it includes two gateway features to reduce traffic speed on approach to the town.

The upgrades include: a shared 3.0m wide shared use footway/cycleway, 2m wide footways, narrowing the carriageway to 6.5m throughout, junction improvements (including a right hand turning lane at the R-572 /Dinish Bridge junction), pedestrian crossings, localised on-street parking, drainage, landscaping, signage and road markings.

2.2 Construction Programme

Subject to the relevant planning approvals, and allowing for procurement, construction could commence in August 2019, with an estimated construction programme of 4 months.

2.3 Lighting

The existing lighting columns along the R-572 will remain in place (without modification) along the majority of the Proposed Development. New lighting columns will be installed along the eastern-most 320m portion of the Proposed Development.

2.4 Surface Water Management

2.4.1 Existing

Presently there is no attenuation or treatment of surface water from the existing site within the footprint of the Proposed Development. Surface water currently is a combination of ‘over the edge’ with gullies located at various locations along the existing R-572 road, which discharge into downstream of the Proposed Development via the Derrymihin River and/or other local watercourses. The design team has advised that the locations of the existing surface water drainage outfalls from the R-572 are not known. However the design team has confirmed there is indirect hydrological connectivity to Bantry Bay from the Proposed Development via outfalls to existing watercourses nearby and and/or directly to Bantry Bay (e.g. via existing road gullies).

2.4.2 Proposed

The design team has confirmed that the preliminary drainage design will include Sustainable Urban Drainage Systems (SuDS) comprising a sealed positive drainage system for the Proposed Development, which passes through petrol interceptors before outfall via the existing outfalls.

The SuDs measures have been devised to comply with drainage policy including that specified in the Cork County Development Plan 2014 as varied4 (County Development Plan Objective WS 5-1: Surface Water and SuDS) and have not been introduced to avoid or reduce effects on European sites.

4 Available online from http://corkcocodevplan.com/ . Accessed March 2019.

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3. Methodology

3.1 European Guidance

The methodology employed in this AA Screening has drawn on AA guidance published by the European Commission, which has recently published updated guidance on the provisions of Article 6 of the Habitats Directive, including AA Screening and AA (EC, 2018). This replaces the original EC guidance on Article 6 of the Habitats Directive (EC, 2000), but should be read with other EC guidance available online5.

As stated in EC (2018), the updated guidance “incorporates the large body of rulings that have been issued by the Court of Justice of the EU (CJEU) over the years on Article 6”.6 One recent and significant CJEU ruling not expressly accounted for in EC (2018), dates from November 2018, and relates to the Kilkenny Northern Ring Road in Ireland (‘Holohan; C-461/177). In ‘Holohan’, the CJEU found, that among other points:

· “AA must examine the implications of the proposed project [for species and habitats for which] the European site has not been listed...provided that those implications are liable to affect the conservation objectives of the [European] site”; and, · “the competent authority is permitted to grant to a plan or project consent which leaves the developer free to determine subsequently certain parameters relating to the construction phase (e.g. location of the construction compound and haul routes etc..), only if that authority is certain that the development consent granted establishes conditions that are strict enough to guarantee that those parameters will not adversely affect the integrity of the European site”. The methodology used also draws on, and has evolved from guidance and recommendations from, international AA practitioners (see Levett-Therivel, 2009; Chvojková et al., 2013). For instance, in accordance with guidance from international AA practitioners, “the Precautionary Principle should be used within reason and should be commensurate with the level of risk and the level of uncertainty concerned [and as such] Time-consuming and costly ecological research should be required only in rare circumstances” (Levett-Therivel, 2009).

Mitigation is not considered at AA Screening Stage, in accordance with the recent ruling of the Court of Justice of the European Union (CJEU) 8 that “it is not appropriate, at the Screening stage, to take account of the measures intended to avoid or reduce the harmful effects of the plan or project on [a European site]”.

3.2 National Guidance

There have been significant changes to AA practice since the last published Irish governmental guidance on AA (Department of Environment, Heritage and Local Government DoEHLG, 2010) arising from rulings in European, and Irish courts, and associated changes in statute. The updated EC (2018) guidance is therefore followed in lieu of DoEHLG guidance in this AA Screening Report, as supplemented by the unpublished’ (online) guidance from the National Parks and Wildlife Services (NPWS)9 (updated to August 2018, at the time of writing) which covers regulatory scenarios related to AA.

3.3 Desktop Study

A desktop study was carried out by AECOM in March 2019, with particular regard for the following sources:

· Information on the proposed project provided by AECOM’s Engineering and Transportation team; · Tabulated lists for all European sites in Ireland of Special Conservation Interests (SCIs) and Qualifying Interests (QIs), obtained through a data request to the NPWS; · Information on ranges of mobile QI populations in Volume 1 of NPWS’ Status of EU Protected Habitats and Species in Ireland (NPWS, 2013a), and associated digital shapefiles obtained from the NPWS Research Branch;

5Available from http://ec.europa.eu/environment/nature/natura2000/management/guidance_en.htm . Accessed March 2019. 6 Including, but not limited to Case C-323/17 ‘People Over Wind’, C-258/11 ‘Galway City Outer Bypass’; Peter Sweetman v Coillte Teoranta. 7 Case C 461/17 ‘Holohan. 8 Judgment of the Court (Seventh Chamber) 12 April 2018: Case C‑323/17, REQUEST for a preliminary ruling under Article 267 TFEU from the High Court (Ireland), made by decision of 10 May 2017, received at the Court on 30 May 2017, in the proceedings People Over Wind, Peter Sweetman v Coillte Teoranta, 9 Available online at https://www.npws.ie/development%20consultations. Accessed March 2019.

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· Information on ranges of mobile SCIs bird populations from Bird Atlas 2007–11 (Balmer et al., 2013), excluding birds of prey whose ranges were determined with reference to Hardey et al. (2013); · Mapping of European site boundaries and Conservation Objectives for relevant sites in and beyond, as relevant, available online from the NPWS10; · Distribution records for flora and fauna within 5 km of the Proposed Development, and mobile populations of distant European sites held online by the National Biodiversity Data Centre (NBDC)11; · Details of QIs/SCIs of European sites within the County Cork Biodiversity Action Plan 2009-2014 (CCC, 2014a), which had not been updated at the time of writing; and, · Data including surface water quality (including transitional waters) and groundwater quality status, and river catchment boundaries available from the online database of the Environmental Protection Agency (EPA)12; and, · Boundaries for catchments with confirmed or potential freshwater pearl mussel (FWPM) Margaritifera margaritifera populations in GIS format available online from the NPWS10; and,

3.4 Field Surveys

This assessment was informed by habitat and protected species surveys carried out on the Proposed Development site by a member of the AECOM Ecology Team, on 6 March 2019.

The survey assessed the potential for all QIs/SCIs of European sites to occur, given their ecological requirements identified by Balmer et al. (2013) for birds, and the NPWS for all other species/habitats (NPWS, 2013a,b). The survey included checks of suitable habitats for all highly mobile QI/SCI species potentially occurring. Numerous non-breeding SCI bird species travel many kilometres from their core areas, and surveys also assessed potential presence of roosting or feeding sites of such species. Species survey guidance had regard for sources including the National Roads Authority (NRA, 2009).

3.5 Steps in Screening

Irish departmental guidance states that “Screening is an iterative process that involves consideration of the plan or project and its likely effects and of the European sites and their ecological sensitivities, and the likely interaction between these” (DoEHLG, 2010). In summary, the steps for the Screening follow a protocol to:

1) Determine if the project is directly connected with or necessary to the management of a European site. 2) Describe the project. 3) Assess potential source-pathway-receptor models to determine relevant zones of influence. 4) Describe the baseline environment within relevant zones of influence. 5) Identify any links with European sites (defined as ‘relevant’ European sites) having regard for their Conservation Objectives. 6) Where links are identified, determine if Likely Significant Effects (LSEs) could arise due to the links with European sites having regard for: · Source-pathway-receptor models and zones of influence; · Known distribution and ranges of QI; · Likely ranging behaviours of mobile QIs and SCIs beyond their European sites; and, · Potential in-combination effects with other plans or projects. 7) Conclude the assessment with a Screening Statement. A summary of the key information required to complete the above steps is tabulated later in this AA Screening Report.

3.5.1 Links with European Sites

The ‘source-pathway-receptor’ conceptual model is a standard tool in environmental assessment to determine links between sensitive features and sources of effects. In order for an effect to occur, all three elements of this

10 Available from https://www.npws.ie/maps-and-data Accessed March 2019. 11 Available from http://maps.biodiversityireland.ie/# Accessed March 2019. 12 Available from http://gis.epa.ie/Envision Accessed March 2019.

5 Report to Inform Screening for Appropriate Assessment Castletownbere R-572 upgrade mechanism must be in place. The absence or removal of one of the elements of the mechanism means there is no likelihood for the effect to occur. An example of this model is provided below:

· Source (s); e.g. Piling; · Pathway (s); e.g. Vibration; and, · Receptor (s); e.g. Underground otter resting site at risk of disturbance and/or collapse. The model is focused solely on relevant QIs/SCIs for which European sites are designated. Any Conservation Objectives referred to in this AA Screening Report are referenced to identify the date of publication and version number (See Appendix B).

3.5.2 Zones of Influence and Proximity to Identify Relevant Sites

The construction and operation of the Proposed Development has the potential to result in a number of environmental effects. The analysis of these effects, using ‘best available’ scientific knowledge and professional judgement, leads to the identification of Zones of Influence (ZoIs). The proximity of the Proposed Development to European sites, and more importantly their QIs/SCIs, can be of importance in identifying source-pathway- receptor models which could result in significant effects. Irish departmental guidance on AA states:

“For projects, the distance could be much less than 15 km, and in some cases less than 100 m, but this must be evaluated on a case-by-case basis with reference to the nature, size and location of the project, and the sensitivities of the ecological receptors, and the potential for in combination effects” (DoEHLG, 2010; p.32, para 1).

In this AA Screening Report, a conservative approach has been used which minimises the risk of overlooking distant or obscure effect pathways, while also avoiding non-scientific and arbitrary buffer zones (e.g. 15 km), within which all European sites should be considered. The starting point for this approach is to assess the complete list of all QIs/SCIs of European sites in Ireland (i.e. potential receptors), obtained in digital format from the NPWS, instead of listing European sites within arbitrary buffer zones.

Habitats and plants are not mobile; however, fauna species are and their predicted mobility outside European sites (i.e. range) will affect whether they occur within the ZoI. The range of fauna species varies considerably, from a maximum of several metres (e.g. in the case of whorl snails Vertigo spp.), to hundreds of kilometres (in the case of migratory wetland birds). Whilst habitats and plants are not mobile, these features can still be significantly affected at considerable distances from an effect source; for instance, where an instream habitat is located many kilometres downstream from a pollution source.

This difference in determining the ZoI for (mobile) fauna versus (non-mobile) habitats has been illustrated in Graphic 1 and Graphic 2.

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Graphic 1. Relationship between Zone of Influence and QI habitats and plants which are not mobile

Graphic 2. Relationship between Zone of Influence and QI fauna species which are mobile In response to DoEHLG (2010) guidance, ZoIs were estimated for potentially relevant effects from the Proposed Development based on the “the nature size and location of the project”. These ZoIs are summarised in Table 1.

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Table 1. Zones of Influence Estimated for Potential Effects from the Proposed Development site

Phase Source of Potential Description of Effect Pathway Potential Zone of Influence of Effect Potential Relevance of Effect (References Footnoted for Brevity) Effect to AA Screening

Noise, vibration, During construction, noise or other construction- Varies by species. Generally assessed within 500 m of the Proposed Development Potential relevance to SCI lighting and human related disturbance could reduce the ability of footprint for wintering birds13. However, distance can be significantly lower (e.g. 150 m fauna and QI presence during populations of QI/SCI species to forage, roost or for otter underground sites14, or higher (e.g. some breeding birds of prey may take flight habitats/species of movements of breed (if QI/SCI species are present within the when nesting at up to 750 m from disturbance15). European sites, if present. vehicles and staff estimated Zone of Influence). associated with construction activities.

Surface water run-off Silt, hydrocarbons, and/or other contaminants The Zone of Influence of effects from contaminated surface water is difficult to accurately Potential relevance to SCI carrying suspended (oils, fuels, etc.) may enter the Abbotstown Stream estimate as it will depend on numerous factors including the type and concentration of fauna and QI silt or contaminants and/or the River Tolka downstream via the existing pollutants, assimilative capacity of receiving waters, time of year (related to water levels), habitats/species of into local drainage network which does not include silt traps and (in coastal areas), tidal and mixing regime. European sites, if present. watercourses. or petrol interceptors. Having regard for the “unpolluted” status of coastal receiving waters in Bantry Bay, and the SUDS measures inherent in the Proposed Development, a reasonable worst-case Zone of Influence for water pollution from the Proposed Development site is considered to include the coastal waters of Bantry Bay within c. 1 km of the proposed development site Coastal and marine areas beyond this distance are considered to fall outside the potential Zone of Influence of adverse pollution effects, having regard for the relatively small scale of the proposed local road improvement (and relatively non-toxic pollutants potentially generated during construction, compared for instance to industrial developments who process hazardous chemicals).

Disturbance of If invasive species are present, construction The Zone of Influence of effects for spread of terrestrial invasive species is difficult to Potential relevance to SCI invasive species activities could lead to the dispersal of invasive accurately estimate, as plant fragments may be spread on tyre treads to distant fauna and QI during the species and/or material within and beyond the unrelated sites. In relation to water-borne spread of vegetation, the Zone of Influence habitats/species of construction of the Proposed Development site; either via machinery, generally is restricted to the surface water Catchment Management Unit. In coastal European sites, if present. Proposed clothing or wild animals including birds, depending areas, invasive plant material is unlikely to establish (e.g. if washed downstream onto Development. on the species concerned. shingle or mudflat habitats), due to the saline conditions Construction

13 Wintering birds collectively considered at risk of disturbance at up to 500 m based on compilation of data from Madsen (1985); Smit & Visser (1993) and Rees et al., (2005). 14 In accordance with guidance on road construction-related disturbance of underground sites from the National Roads Authority (NRA, 2006). 15 Hen harrier flush or ‘flight initiation distance’ of 750 m from Whitfield et al. (2008).

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Phase Source of Potential Description of Effect Pathway Potential Zone of Influence of Effect Potential Relevance of Effect (References Footnoted for Brevity) Effect to AA Screening

Changes to flow or Earthworks could interfere with groundwater flow The potential Zone of Influence of effects from earthworks to ground water flow or yield Potential relevance to QI yield of groundwater paths, potentially affecting the quality or is difficult to accurately estimate as it will depend on factors including the depth and groundwater dependant associated with distribution of habitats dependent on groundwater intrusion of excavations, and time of year (related to water levels). As a precautionary habitats of European sites, earthworks during supply, if such habitats are present. measure, a reasonable worst-case spatial Zone of Influence is considered to be 500 m if present. construction. from the point of excavation; which is a precautionary doubling of the 250 m stated as the potential Zone of Influence from intrusive excavations to sensitive upland peatland sites (SEPA, 2014).

Changes to quality of Earthworks could lead to contamination of The potential Zone of Influence of effects from ground water pollution is difficult to Potential relevance to QI groundwater arising groundwater, affecting the quality or distribution of accurately estimate as it will depend on factors including the type and volumes of groundwater dependant from with earthworks habitats dependent on groundwater supply, if such contaminations concerned, the depth and intrusion of excavations, and time of year habitats of European sites, during construction. habitats are present. (related to water levels). As a precautionary measure, a reasonable worst-case spatial if present. Zone of Influence is considered to be the extent of the bedrock aquifer, as shown on the Geological Survey of Ireland (GSI) digital mapper, having regard for GSI Groundwater vulnerability mapping (reflecting type and thickness of soils, and presence of karst features), and potential interactions with surface water features. Construction

Noise, lighting and During operation, noise or other disturbance could Varies by species. Generally assessed within 500 m of the Proposed Development Potential relevance to SCI human presence reduce the ability of populations of QI/SCI species footprint for wintering birds16. However, distance can be significantly lower (e.g. 150 m fauna and QI during movements of to forage, roost or breed (if QI/SCI species are for otter underground sites17, or higher (e.g. hen harriers may take flight when nesting at habitats/species of vehicles and staff present within the estimated Zone of Influence). up to 750 m from disturbance18). European sites, if present. associated with operational activities.

Surface water run-off The design team has confirmed that the Not Applicable. Not relevant carrying suspended preliminary drainage design will include silt or contaminants Sustainable Urban Drainage Systems (SuDS) into local comprising a sealed positive drainage system for watercourses. the Proposed Development, which passes through petrol interceptors before outfall via the existing outfalls. As such, there is not potential for significant pollution to enter the local drainage network during the operation of the Proposed Development. Operation

16 Wintering birds collectively considered at risk of disturbance at up to 500 m based on compilation of data from Madsen (1985); Smit & Visser (1993) and Rees et al., (2005). 17 In accordance with guidance on road construction-related disturbance of underground sites from the National Roads Authority (NRA, 2006). 18 Hen harrier flush or ‘flight initiation distance’ of 750 m from Whitfield et al., (2008).

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3.6 The Precautionary Principle

The Precautionary Principle, which is referenced in Article 191 of the Treaty on the Functioning of the European Union, has been defined by the United Nations Educational, Scientific and Cultural Organisation (UNESCO, 2005) as:

“When human activities may lead to morally unacceptable harm [to the environment] that is scientifically plausible but uncertain, actions shall be taken to avoid or diminish that harm. The judgement of plausibility should be grounded in scientific analysis”.

Reasoned application of the ‘Precautionary Principle’ is fundamental to all stages of Screening for AA. In this AA Screening Report, significant effects would be presumed without evidence to the contrary, where there was evidence of possible effects on European site(s) from the Proposed Development, but uncertainty remained.

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4. Baseline Description

This section details desktop and field survey results, in order to describe the relevant baseline environment to the Proposed Development. The relevant baseline environment relates to anything that may be directly or indirectly related to the QIs/SCIs of European sites.

4.1 Overview of Proposed Development Site

The Proposed Development site is located along the existing R-572 (Figures 1 and 2) on the Bantry Bay coastline. At the time of survey, the Proposed Development site consisted of small areas of amenity grassland and shrubberies on roadside verges, and occasional immature native and non-native street trees on either side of the road in residential properties. All habitat features within the Proposed Development site are heavily influenced by management and are of relatively low ecological value, relative to semi-natural habitats in undisturbed areas.

The Derrymihin West River is located just west of the Derrymihin junction and flows southwards under the Proposed Development site, entering Bantry Bay downstream. Several other smaller watercourses are also currently culverted under the existing R-572 within the proposed development. A more detailed description of relevant habitats, including those in the wider area is provided in Section 4.3.

4.2 European Sites

All relevant European sites identified in this report are illustrated in Figure 1 (Appendix A).

There are no European sites located within the Proposed Development site, or within 3 km of the Proposed Development site. The nearest European site is the SPA (site code 4155), which is solely designated for breeding Chough Pyrrhocorax pyrrhocorax and Fulmar Fulmarus glacialis. The Beara Peninsula is located 3.6 km south of the Proposed Development, across the open coastal waters, and further south to the southern side of Beara Island.

The next nearest European site is River SAC (site code 2158) which is located 5.7 km northwest along the coast from the development site. This is designated for a number of QI mobile species including the lesser horseshoe bat Rhinolophus hipposideros, otter Lutra lutra and harbour seal Phoca vitulina and is designated for QI marine and coastal habitats.

The Glenmore Bog SAC (site code 1879) is designated for a number of habitats including wetland habitats and also for freshwater pearl mussel Margaritifera margaritifera. This SAC is located 5.7 km upstream from the Proposed Development site and in a different sub-catchment area with no groundwater connectivity.

Other European sites include Sheep’s Head to Toe Head SPA (site code 4156), which is designated for the same two breeding bird species as mentioned above (the Beara Peninsula SPA), and Sheep’s Head SAC (site code 0102) designated for both wet and dry heath habitats as well as the Kerry slug Geomalacus maculosus. Both these European sites are located at closest approximately 11.8 km south from the Proposed Development site on the opposite side of Bantry Bay.

There are no other European sites within the ZoI of the Proposed Development site, or within the surface water catchment in which the Proposed Development is located.

The Conservation Objectives of relevant nearby SACs are detailed in Table 2.

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Table 2. Conservation Objectives for Special Areas of Conservation Referenced in AA Screening Report

Site (Code) and Qualifying Interest(s) Conservation Objective distance (as the crow flies) from Proposed Development

Kenmare River SAC (2158); Lesser Horseshoe Bat (Rhinolophus hipposideros) To Maintain Favourable 5.7 km Otter (Lutra lutra) Conservation Condition Harbour Seal (Phoca vitulina) Large shallow inlets and bays Reefs Perennial vegetation of stony banks Vegetated sea cliffs of the Atlantic and Baltic coasts Atlantic salt meadows (Glauco-Puccinellietalia maritimae) Mediterranean salt meadows Shifting dunes along the shoreline with Ammophila arenaria (white dunes) Fixed coastal dunes with herbaceous vegetation (grey dunes) European dry heaths Juniperus communis formations on heaths or calcareous grasslands Calaminarian grasslands of the Violetalia calaminariae Submerged or partially submerged sea caves Narrow-mouthed Whorl Snail (Vertigo angustior)

Sheep’s Head SAC (0102); Kerry Slug Geomalacus maculosus To Maintain Favourable 11.8 km Northern Atlantic wet heaths with Erica tetralix Conservation Condition European dry heaths

Glenmore Bog SAC (1879); Freshwater Pearl Mussel Margaritifera margaritifera To Maintain Favourable 5.7 km Killarney Fern Trichomanes speciosum Conservation Condition Oligotrophic waters containing very few minerals of sandy plains Water courses of plain to montane levels with the Ranunculion fluitantis and Callitricho-Batrachion vegetation Northern Atlantic wet heaths with Erica tetralix Species-rich Nardus grasslands, on siliceous substrates in mountain areas (and submountain areas, in Continental Europe) Blanket bogs

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The Conservation Objectives of relevant nearby SACs are detailed in Table 3.

Table 3. Conservation Objectives for Special Protection Areas Referenced in AA Screening Report

Site (Code), distance from Special Scientific Population Conservation Objective Proposed Development and Conservation Name Conservation Objectives Interests reference

Beara Peninsula SPA (4155) ; 3.6 To Maintain Favourable Fulmar Fulmarus glacialis Breeding/passage km; Conservation Objectives: Conservation Condition NPWS (201b) Pyrrhocorax To Maintain Favourable Chough Breeding pyrrhocorax Conservation Condition

Sheep’s Head to Toe Head SPA To Maintain Favourable Fulmar Fulmarus glacialis Breeding/passage (4156) ; 11.8 km; Conservation Conservation Condition Objectives: NPWS (201b) Pyrrhocorax To Maintain Favourable Chough Breeding pyrrhocorax Conservation Condition

4.3 Habitats

4.3.1 Terrestrial Habitats and Invasive Species

An overview of the terrestrial habitats present within the Proposed Development site has been provided in Section 4.1. Adjacent the Proposed Development Site, some semi-natural habitats do occur, including grazed pasture (in mosaic with scrub in unmanaged areas) on higher ground to the north of the Proposed Development Site, and shoreline land parcels to the south. These scrub/grassland mosaics are likely to be calcareous in nature due to the coastal location. The wider area also includes a series of scrub and scrub woodland copses, on shorelines to the south, and rolling farmland to the north. Many of these include a mix of non-native conifers (planted as screening and shelterbelts, amongst native scrub and tree species.

Two invasive alien plants, on the third schedule to the European Communities (Bird and Natural Habitat Regulations) 2011 S.I 477 of 2011 as amended, were noted during the field survey. These were Rhododendron (Rhododendron ponticum) and Three-cornered garlic Allium triquetrum and were located at various locations along the edge of the existing R-572 (see figure 2, Appendix A). Four species of non-scheduled invasive alien species were also identified during the field survey, comprising winter heliotrope Petasites fragrans, Montbretia Crocosma x crocosmiflora, fuchsia Fuchsia magellanica and garden yellow archangel Lamiastrum galeobdolon subsp. montanum.

In addition, records for two other invasive alien plant species were returned within 5 km of the Proposed Development during the desk study. These were Japanese knotweed Fallopia japonica and giant rhubarb Gunnera tinctoria, both perennial species. However, they are considered to be absent from the Proposed Development site and environs, based on conditions at the time of survey in March 2019 when above-ground woody material or foliage would have been present and visible.

4.3.2 Aquatic Habitats

Freshwater Habitats

Site walkovers confirmed three watercourses which are currently culverted beneath the existing R-572, and are located within the Proposed Development site. Only the largest of these watercourses (the Derrymihin West River) is identified on the EPA’s online mapper12. The Derrymihin West River, which is located west of the Derrymihin junction, flows southwards, under the Proposed Development site downstream where it enters Bantry Bay. The two other watercourses identified during the field survey are not identified on the EPA’s online mapper12 The first watercourse is located opposite the Dinish Island Bridge and the second watercourse is located at the eastern end of the Proposed Development site. Both streams flow south downstream, under the existing R-572 and enter Bantry Bay. There were no other freshwater habitats identified within the Proposed Development site or environs.

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Coastal Habitats The nearest coastal QI habitats to the Proposed Development site are located within the Kenmare River SAC (NPWS; 2013), approximately 5.7 km to the north-east, at their closest point. These comprise: Perennial vegetation of stony banks, Vegetated sea cliffs of the Atlantic and Baltic coasts, Atlantic salt meadows, Mediterranean salt meadows, Shifting dunes along the shoreline with white dune, Fixed coastal dunes with herbaceous vegetation (grey dunes), European dry heaths, Juniperus formations on heaths or calcareous grasslands, and Calaminarian grasslands of the Violetalia calaminariae.

The nearest marine QI habitats to the Proposed Development comprise Large shallow inlets and bays, Reefs, and Submerged or partially submerged sea caves (NPWS, 2013a) within the Kenmare River SAC. These are all upstream of the Proposed Development site.

Groundwater

The Proposed Development is within the Beara Sneem groundwater body (classified as ‘good’ status, for the period 2010-201512) in which the Glenmore Bog SAC is located. However the Glenmore SAC is located more than 5 km upstream from the Proposed Development and is not designated for any groundwater-dependent features.

4.4 Mobile Species

4.4.1 Qualifying Interest Otter

The field survey carried out on 6 March 2019 found no confirmed or potential otter resting sites or holts within the footprint of the Proposed Development, or environs. In Ireland, the mean territory of otters (at least in freshwater environments) does not exceed 15 km (Reid et al., 2013)). There are no SACs designated for otter within 18 km of the Proposed Development site, or within the CMU in which the Proposed Development is located. The nearest designed site with QI otter is the Killarney National Park, Macgillycuddy's Reeks and Caragh River Catchment SAC (site code 0365) (NPWS, 2017b), approximately 18 km north of the Proposed Development at closest.. As such, it is unlikely that any commuting or feeding otters that may occur in the Derrymihin West River or nearby coastal areas would be part of any SAC population.

4.4.2 Qualifying Interest Lesser Horseshoe Bat

Desktop records from the NBDC online found there to be relatively recent records of lesser horseshoe bats (dating to 2005) within c. 3.3 km of the Proposed Development. The maximum foraging ranges for this species have approached 6 km in Ireland, which Bat Conservation Ireland have recommended as a precautionary distance for considering effects (BCI, 2012; e.g. 5.2km in Galway; Rush and Billington, 2014). However no studies have found core foraging range in excess of 4 km (Schofield, 1996; Bontadina et al., 2002; Rush and Billington, 2014). The Kenmare River SAC, located 5.7 km from the Proposed Development site, is the nearest SAC designated for lesser horseshoe bats to the Proposed Development site. As such, even if lesser horseshoe bats do occur, these are not likely to be part of any SAC population. Furthermore, the majority of the existing R-572 is lit, and would be unsuitable to lesser horseshoe bats, whose avoidance of street lights (and even Light Emitting Diodes or relatively low light levels) is widely reported in the literature (see review by Stone, 2013).

4.4.3 Special Conservation Interest Birds

The nearest known roosting or nesting SCI birds are located south of the Proposed Development site in Bantry Bay is the Beara Peninsula SPA, c. 3.6 km to the south, which is designated for breeding chough and fulmar. There is no potential for optimal roosting or nesting habitat for chough or fulmar (i.e. cliffs, or stone buildings near cliffs) within the ZoI of the Proposed Development.

Fulmars are seabirds, which feed in open water and would not feed locally within the ZoI of disturbance from construction or operation of the Proposed Development. There are no records of Chough within the footprint or environs of the Proposed Development site. However it is possible this species could occasionally feed on some of the less disturbed grasslands in the environs of the Proposed Development site. Specifically, Chough could potentially feed on shoreline pasture along the southern side of the Proposed Development site at its eastern end, which lack the residences generally lining both sides of the R-572. Whilst chough could occasionally feed in

14 Report to Inform Screening for Appropriate Assessment Castletownbere R-572 upgrade these areas, these are unlikely to be optimal feeding areas where birds regularly feed due to the disturbance from the adjacent (busy) coastal R-572. Road.

4.4.4 Qualifying Interest Invertebrates

There are no suitable (freshwater) habitats for QI freshwater pearl mussel Margaritifera margaritifera within the ZoI of the Proposed Development. The habitat of freshwater pearl mussel in Ireland is restricted to near natural, clean flowing fresh waters, often downstream of ultra-oligotrophic lakes (NS2, 2010). The nearest known population of freshwater pearl mussel to the Proposed Development is within the Ownagappul catchment, approximately 6 km north from the development site. The Ownagappul flows into Kenmare Bay on the northern side of the Beara Peninsula, and is in a different river sub-catchment, and is therefore not hydrologically connected to the Proposed Development.

Freshwater pearl mussels depend on salmonids (both Atlantic salmon and brown trout Salmo trutta) for dispersal, because freshwater pearl mussel eggs (glochidia) are carried both upstream and downstream by salmonid movements between feeding, nursery and/or coastal areas. However, there are no QI freshwater pearl mussels upstream of the proposed development site, and therefore any fish present in watercourses by the Proposed Development site are not connected with freshwater pearl mussel populations.

The nearest European site for QI Kerry slug is the Sheep’s Head SAC, located c. 11.8 km south of the Proposed Development. There are historical desktop records from the NBDC online (“1910-1965”) for Kerry slug within the 10 km square in which the Proposed Development site is located. However, there is no suitable habitat for Kerry slug within the footprint of the Proposed Development site (i.e. deciduous woodland usually dominated by oak Quercus sp., or blanket bog or unimproved oligotrophic open moor or lake shores (Mc Donnell and Gormally, (2011)). There is some potential for Kerry slug to occur in the locality of the Proposed Development in scrub/ woodland habitats, but none of these habitats are within the footprint of the Proposed Development site. Furthermore, given the “apparent low mobility of the species in woodlands and blanket bogs” (Mc Donnell and Gormally, (2011), it is highly unlikely that any Kerry slugs potentially occurring locally form part of the nearest SAC population located 11. 8 km distant.

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5. Screening Assessment

5.1 Management of European Sites

AA Screening is not required where the Proposed Development is connected with, or necessary to the management of any European site. In this case, the Proposed Development is not connected to the management of any such site. The competent authority is therefore required to make an AA Screening determination.

5.2 Summary of Information Required

The detailed methodology underpinning this AA Screening Report has been set out in Section 3. A summary table of the specific information required is presented in Table 4, for the benefit of the reader, in advance of presenting the Screening assessment.

Table 4. Summary of Information Required to Complete Screening Assessment

Best Available Scientific QI/SCI Fauna Species (Mobile) QI Habitats/Plants (Not Mobile) Evidence Required

Zones of Influence for different Refer to Table 1 Refer to Table 1 effects from Proposed Development

I. Presence/absence of SAC(s) Distribution of QI/SCI relative I. Presence/absence of SPAs/SACs designated for QI habitat/species to ZoI designated for QI/SCI species within within relevant ZoI relevant ZoIs II. Distribution of QI habitat/plants within relevant SAC(s) from field II. Habitat requirements of QI/SCI fauna and desktop data species (see footnote)

III. Presence of habitat for QI/SCI fauna within ZoI from field and desk studies

IV. Range of QI/SCI species beyond their designated sites (see footnote)

V. Seasonality of QI/SCI usage of habitats relative to programme for Proposed Development

Analyses required to inform the I. Could the range of the QI/SCI fauna I. Do any SAC(s) designated for the Screening assessment species overlap with the ZoI of the QI habitat/plants occur within the Proposed Development? ZoI of the Proposed Development?

II. If yes, is suitable habitat present? II. If yes, what are the specific locations of QI habitats/plants within III. If suitable habitat is present, will LSEs the relevant SAC(s)? arise? III. Are the locations of QI habitats/plants within the ZoI of LSE?

Footnotes: ZoI: Zone of Influence QI: Qualifying Interest SCI: Special Conservation Interest LSE: Likely Significant Effect Range data and habitat requirements for QI/SCI fauna species primarily from Balmer et al. (2013) for birds, and NPWS (2013) for other species.

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5.3 Assessment of Source-Pathway-Receptor Links

As explained in the detailed methodology (Section 3.5.1), this AA Screening Report assessment adopts a comprehensive and precautionary approach for which the starting point is a complete list of all QIs/SCIs of European sites in Ireland, obtained in digital format from the NPWS.

5.3.1 Noise, Vibration, Lighting and Human Presence

The effects of noise, vibration, lighting, and human presence on SCI fauna species and/or QI habitats and species, during construction and operation of the Proposed Development, have been assessed. There are no QI habitats within the footprint of the Proposed Development site, or downstream of it.

Chough was the only mobile SCI species whose potential presence to feed on roadside grassland areas to the east of the Proposed Development site within the potential ZoI of disturbance could not be excluded. These potential Chough grassland feeding areas are not likely to be core feeding areas for the populations for which the Beara SPA is designated, due to the distance of this SPA from the areas in question (3.6 km). Chough are likely to feed preferentially on the abundant offshore feeding pasture on Island, adjacent to the Beara SPA, in instead of the relatively disturbed roadside of the Proposed Development site. Chough potentially feeding on the roadside of the Proposed Development site could (if Chough do indeed occasionally feed there) be disturbed during construction and/or operation of the proposed development. However, any such disturbance would lead to temporary displacement, which would not affect the population trend, or distribution of Chough populations within the distant Beara SPA.

There are no other populations of QI or SCI species within the ZoI of construction or operation of the Proposed Development. Populations of three species for which distant SACs are designated could potentially occur (otter whose nearest SAC is 18 km distant; lesser horseshoe whose nearest SAC is 5.7 km distant, and Kerry slug whose nearest SAC is 11.8 km distant). However, an objective analysis of best available scientific knowledge on the potential foraging/dispersal ranges of these species has excluded the potential for any populations potentially occurring within the ZoI of construction or operation of the Proposed Development, to be associated with SAC populations.

5.3.2 Pollution from Surface Water Runoff

Having regard for the SuDS measures inherent in the proposed development, and the “unpolluted” status of the receiving waters of Bantry Bay, LSE on European sites (including any to the Kenmare River SAC), arising from pollution of surface waters during construction and operation of the Proposed Development have been scoped out.

The SUDs measures have been devised to comply with drainage policy including that specified in the Cork County Development Plan 2014 as varied19 (County Development Plan Objective WS 5-1: Surface Water and SuDS) and have not been introduced to avoid or reduce effects on European sites.

5.3.3 Disturbance/Spread of Invasive Species

The potential for LSE on European sites to arise from disturbance of invasive species during construction and operation of the Proposed Development have been assessed. The design team has confirmed that CCC is already, and will continue to carry out appropriate invasive species control within their administrative area.

The existing and ongoing control measures being implemented to CCC to control invasive species, as for the pollution prevention measures discussed above, have been devised to comply with other requirements and have not been introduced to avoid or reduce effects on European sites. Specifically, invasive species control is required, to comply with:

· The European Communities (Bird and Natural Habitat Regulations) 2011 as amended (i.e. several regulations making it an offence to allow the dispersal, establishment or spread of the species under Schedule 3); and, · Environmental Protection Objectives of the Cork County Development Plan 2014 as varied (including Objective HE 2-7 requiring control of invasive plants and animals); and, · The County Cork Biodiversity Action Plan 2009-201420, which had not been updated at the time of writing; (including Action 3.1 requiring control of invasive species).

19 Available online from http://corkcocodevplan.com/ . Accessed March 2019.

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Having regard for the objective evidence above, the potential for LSE on European sites has been excluded.

5.3.4 Changes of Yield or Quality of Groundwater Associated with Earthworks during Construction

The effects of changes of yield of groundwater associated with earthworks on SCI fauna species and/or QI habitats and species during construction and operation of the Proposed Development have been assessed and scoped out from further assessment. This is because there are no groundwater dependant QIs or SCIs within (at least 5 km of or within) the ZoI of the Proposed Development,

5.3.5 Summary Findings

No QIs or SCIs of European sites were identified within the Zone of Influence of LSE from the construction or operation of the Proposed Development site, having regard for best available scientific knowledge, and objective evidence. LSE on European sites were excluded from the Proposed Development alone. In-combination effects are assessed in Section 5.4 below.

5.4 In-combination Effects

5.4.1 Introduction

This assessment has taken account of developments with potential to cause cumulative effects on the QIs/SCIs of European sites.

5.4.2 Planning Application Search

A search was conducted of planning applications within the vicinity of the Proposed Development, using the National Planning Application Map Viewer hosted by the Department of Housing, Planning, Community and Local Government, and the Planning Enquiry system hosted by CCC21.

Retention applications (i.e. typically local-scale residential or commercial developments where an impact has already occurred) and withdrawn and refused applications were excluded.

Summary Results of Planning Application Search

Planning Location Name Brief Development Description Application Approximate Date Application Status/ distance and Planning Reference Outcome direction Application Number from Granted Proposed Development

18786 Drinagh CoOp Demolition of existing warehouse stores (2 no. Conditional 20m south 20/02/2019 Castletownbere to the east and west of principal retail unit) and west Derrymihan West construction of new warehouse store, together Castletownbere, with associated site services, car parking / Co. Cork offloading set down area and associated site development work

072135 Derrymihin West Erection of 74no. dwellings, consisting of 15no. Not given 25m north Not given Castletownbere terrace, 48no. semi-detached dwellings, 11no. east (submission detached dwellings, (b) erection of creche 13/09/2007) facility, (c) construction of 2no. vehicular entrances, (d) construction of amenity walkway, (e) installation of temporary foul effluent treatment plant systems and, (f) carry out all associated site works

18767 Derrymihin West To construct a dwelling house and domestic Not given 62m south Not given Castletownbere garage and undertake all associated site works west (Due date Co. Cork 18/03/2019)

16580 Derrymihan West Permission for: (i) demolition of existing side Conditional 26m north 29/11/2016 Castletownbere garage/store annex and demolition of front Co Cork sunroom annex to dwelling house, (ii) construction of new first floor extension including raising of roof level, fenestration changes and installation of balcony to front, (iii)

20 Available from http://www.globalislands.net/greenislands/docs/ireland_734358998.pdf Accessed March 2019. 21 Available from https://www.corkcoco.ie/planning/planning-enquiry-online-submissions Accessed March 2019.

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Planning Location Name Brief Development Description Application Approximate Date Application Status/ distance and Planning Reference Outcome direction Application Number from Granted Proposed Development construction of attached granny-flat extension (iii) installation of new wastewater treatment system and (iv) all associated site works.

15238 Derrymihin West Construction of a domestic boathouse for the Conditional 75 m north 27/20/2015 Castletownbere storage of boats and associated water sports Beara equipment and all associated site works Co. Cork

17114 Derrymihin West Permission for the importation of soil and stone Conditional 86m north 29/04/2017 Castletownbere and concrete to raise the level of the Co. Cork agricultural field to improve the agricultural output of the field

081415 Cametringane Development of marina to provide Not given 536m south 02/09/2008 Castletownbere approximately 100 berths, dredging of marina west basin and associated infrastructure

17637 Dinish Island A wharf extension and associated ancillary Conditional 690m south 26/03/2018 Castletownbere development at Dinish Island. All on a site of Co. Cork approximately 10.1 ha.

The planning portal of An Bord Pleanála22 and lists of Strategic Housing Developments (SHD)23 were also consulted to identify any relevant applications near the Proposed Development. There were at the time of writing three SHD applications in Cork, none of which are located near the proposed site.

Results of An Bord Pleanála Planning Search

ABP Planning Brief Development Description Application Status/ Reference Outcome Number

303098 098 251 no. residential units (176 no. dwellings houses & 75 no. Due to be decided by apartments/duplexes) Cooney's Lane, Graigue (townland), Grange, Co. 27/03/2019 Cork.

303437 419 no. student bedspaces, road improvements and all associated site Due to be decided by works. O'Riordan's Joinery, Bandon Road and portion of the Church of the 02/05/2019 Immaculate Conception, Lough Road, Cork.

303137 240 no. residential units (154 no. houses and 86 no. apartments) and Due to be decided by associated site works. Ardarostig. Bishopstown, Cork. 01/04/2019

22 Available online at http://www.pleanala.ie Accessed March 2019. 23 Available online at http://www.pleanala.ie/shd/applications/CurrentApplications/ Accessed March 2019.

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5.4.3 Plans

The Project Ireland 2040 National Planning Framework (Department of Housing Planning and Local Government, 2018b) is the overarching policy and planning framework for the social, economic and cultural development of Ireland. It includes a detailed capital investment plan for the period 2018 to 2027, the National Development Plan 2018-2027, and the 20-year National Planning Framework 2040. Castletownbere is specifically mentioned in the National Development Plan 2018-202724 under the heading Fishery Harbour Centres. There is no mention of specific projects within the National Development Plan 2018-2027. Castletownbere is noted as major development projects will be undertaken in 2018 and 2019, with a total of 180 million Euros forecast to be spent across all six Fishery Harbour Centres.

The South-West Regional Planning Guidelines 2010-202225 are set to be succeeded by the adoption of the RSES (Regional Spatial and Economic Strategy) in 2019. The Proposed Development is not identified within the South-West Regional Planning Guidelines.

Chapter 6 of the South-West Regional Planning Guidelines 2010-2022 (Environment and Amenities Strategy) includes environmental protection policies 6.3 Natural Heritage – Ecological Integrity REAS -03 Management of Natural Heritage which sets out a framework that local authorities are required to follow relating to potential ecological impact from proposed projects to Natura 2000 and European Sites.

The South-West Regional Planning Guidelines 2010-2022 set a framework for water quality involving river basin management overseeing protected areas, shellfish waters and objectives to ensure water meets and maintains high standards.

The Cork 2050 plan26 is a submission by Cork County Council and Cork City Council to the National Planning Framework. In support of the Cork 2050 submission a Strategic Environmental Assessment (SEA) and Appropriate Assessment (AA) Pre-Screening Exercise were carried out. The assessment focused on statutory environmental requirements such as the Habitats Directive and National Biodiversity Action Plan.

Cork City Development Plan 2015-2021

The West Cork Municipal District Local Area Plan 201727 sets out proposals for population growth and other developments for the six main towns within the municipal district of which Castletownbere is one. The Local Area Plan contains Environmental Protection Objectives (EPOs) which hold relevance to the proposed site such as EPO 3, 4, ad 5.

8) EPO 3 Biodiversity, Flora and Fauna (BFF) “Throughout the county, conserve and restore ecosystems, habitats and species in their natural surroundings, and ensure their sustainable management, including the ecological corridors between them”. 9) EPO 4 Soil “Protect the function and quality of the soil resource in the West Cork Municipal District”. EPO 5 Water “Maintain and improve the quality of water resources and improve the management and sustainable use of these resources to comply with the requirements of the WFD

5.4.3.1 Pollution and Water Quality

The Proposed Development occurs within the WFD Catchment no. 010; Fanahy. The coastal waterbody in proximity to the Proposed Development is in Bantry Bay and is known as Berehaven, which is considered to have a ‘good’ WFD status28 and has ‘Unpolluted’ transitional water quality28.

The WFD provides a framework for the protection and improvement of rivers, lakes, marine and groundwaters, in addition to water-dependent habitats. The aim of the WFD is to prevent any deterioration in the existing status of water quality, including the protection of good and high-water quality status where it exists28.

There are binding obligations on all Irish local authorities including Cork County Council to achieve good status of surface waters, under the terms of the EU Water Framework Directive (WFD) 2000/60/EC, and in related policies

24 Available from: https://www.corkcity.ie/en/media-folder/planning/national-development-plan-2018-2027.pdf Accessed March 2019. 25 Available online at https://www.corkcity.ie/en/media-folder/planning/swra_planning_guidelines.pdf Accessed March 2019. 26 Available online at https://www.corkcity.ie/en/media-folder/planning/170322_npf-submission-main-report-reduced.pdf 27 Available online at http://corklocalareaplans.com/wp-content/uploads/2017/08/West-Cork-Environmental-Report-MD-LAP.pdf Accessed March 2019.

28 Available online at http://www.epa.ie/pubs/reports/water/waterqua/wqr20102012/ Accessed March 2019.

20 Report to Inform Screening for Appropriate Assessment Castletownbere R-572 upgrade in applicable county development plans. Furthermore, Irish Water, who has national statutory remit for wastewater and drinking water services, has committed to a 25-year programme of improvements to wastewater impacts on surface waters in their Water Services Strategic Plan (WSSP) (Irish Water, 2015).

5.4.4 In-combination Conclusion

No likely significant in-combination effects are predicted, having regard for the inherent policy protections in plans at national and county level outlined above, and the planning applications reviewed within the ZoI of the Proposed Development.

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6. Screening Conclusion

Following analysis of the effects of the Proposed Development on European sites, AECOM advises the competent authority, CCC, that an Appropriate Assessment of the Proposed Development is not required, as this AA Screening Report concludes that there is no potential for Likely Significant Effects on European sites.

In the legally-accurate language of the Court of Justice of the European Union, it can be excluded [emphasis added], on the basis of objective scientific information, and in light of the Conservation Objectives of relevant sites, that the Proposed Development, either individually or in combination with other plans or projects, would have LSE on any European sites.

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Balmer, D. E., Gillings, S., Caffrey, B., Swann, R. L., Downie, I. S., & Fuller, R. J. (2013). Bird Atlas 2007-11: the breeding and wintering birds of Britain and Ireland. Thetford: BTO.

Bat Conservation Ireland (2012) Bats and Appropriate Assessment Guidelines, Version 1, December 2012. Bat Conservation Ireland, www.batconservationireland.org.

Bright, J., Langston, R., Bullman, R., Evans, R., Gardner, S. and Pearce-Higgins, J., 2008. Map of bird sensitivities to wind farms in Scotland: a tool to aid planning and conservation. Biological Conservation, 141(9), pp.2342-2356.

Cabot, D. (2004) Irish Birds. HarperCollins Publishing Ltd: London.

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DoEHLG (2010) Appropriate Assessment of plans and projects in Ireland. Guidance for Planning Authorities. Department of Environment, Heritage and Local Government: Ireland.

DoHPLG (2018) River Basin Management Plan for Ireland 2018-2021. Department of Housing, Planning and Local Government.

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Hardey, J., Crick, H., Wernham, C., Riley, H., Etheridge, B., Thompson, D. (2013) Raptors: a field guide for surveys and monitoring, Third edition.

Irish Water (2015) Water Services Strategic Plan: a plan for the future of water services. Irish Water.

Madsen, J. (1985) Impact of disturbance on field utilisation of pink-footed geese in West Jutland, Denmark. Biological Conservation 33: 53-63.

Mc Donnell, R.J. and Gormally, M.J. (2011). Distribution and population dynamics of the Kerry Slug, Geomalacus maculosus (Arionidae). Irish Wildlife Manuals, No. 54. National Parks and Wildlife Service, Department of Arts, Heritage and the Gaeltacht, Dublin, Ireland

NPWS (2013a) The Status of EU Protected Habitats and Species in Ireland. Habitat Assessments Volume 1. Version 1.1. Unpublished Report, National Parks & Wildlife Services. Department of Arts, Heritage and the Gaeltacht, Dublin, Ireland.

NPWS (2013b) The Status of EU Protected Habitats and Species in Ireland. Habitat Assessments Volume 2. Version 1.1. Unpublished Report, National Parks & Wildlife Services. Department of Arts, Heritage and the Gaeltacht, Dublin, Ireland.

NPWS (2013a) Conservation Objectives: Kenmare River SAC 002158. Version 1. National Parks and Wildlife Service, Department of Arts, Heritage and the Gaeltacht.

NPWS (2013b) The Status of EU Protected Habitats and Species in Ireland. Species Assessments Volume 3. Version 1.0. Unpublished Report, National Parks & Wildlife Services. Department of Arts, Heritage and the Gaeltacht, Dublin, Ireland.

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23 Report to Inform Screening for Appropriate Assessment Castletownbere R-572 upgrade

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24 Report to Inform Screening for Appropriate Assessment Castletownbere R-572 upgrade

Appendix A Figures

Figure 1: European Sites Discussed in AA Screening Report Figure 2: Locations Invasive Species Subject to Control by CCCC

25 . s n o i s n e m

Caha Mountains SAC i d DRO MGAd e RV t AN a t s

e Adelphi Plaza h t

h

m George's Street Upper o

g r f Dun Laoghaire Tel +353 (1) 238 3100 d

a e n

i Co. Dublin Fax +353 (1) 238 3199 a

h t b A96 T927 www.aecom.com o

s e b

n t s Project Title: ± a u a m k s t o r Glanmore Bog SAC n Glanmore Bog SAC e r

a m CASTLETOWNBERE e a r

p u C s

h 1 a c a e R572 UPGRADE 2 m

l n n l A

i

e . l a t

r n a o p Ae Kenmare River SAC m

e u

p c D e m o Client:

K d a

n s n i R h t a C

l e a l I a G G t c p s

s t o O n e

m o D

L .

u t r W n E e s n

C o c

2

F n e t

t 1 A i o IR r

G w

M i OO s l C s d e 1 r

t p

a x e 2 s LEGEND s r '

e M s r O

i C g R e W E A

h e t Proposed A u o

n s

c e h

i t r e i Development Site

s r w d n h n I i Beara Peninsula SPA a g n a a g a i

l w a

R r c m m b d

g

y o s

l i o r u Watercourses h u y

r t

k

r D g r d l n o

K r l t n no e e i s

g e

c i k g l s u a e a e

i n D r e n n ro n a r a e r o Special Protection

i C B 21 s e e h 2 E s Areas (SPAs) u

r 1 1 h t a h

e 2 t U o

y t r n e B a Special Areas of p r

a y l y n a Conservation

T o

L t e

e , r (SACs) e e

F v

r e n o s t

a a h

h w

y t

i i l

l i

l b

a a i l

n y n

n e a a 1 s

o e l 2 i C F n a e

n d n a a d g n

h a

e y , y t

n i l i

o b i

d s

y n ll o p

a s e r

B o n

s

Beara Peninsula SPA t p e c c a

M

r O u m C o o E

r A

G .

D w ]

a l

t

y s s b e t d

in e e r

o i P i B W s u ie r q e ih h ll a r

A i t c in s

l o P a

l k r's r

c e o l Pip

M A o O

[ o C

n E A

e y b

1 d n e

2 e r

a Notes:

g a

r

s h a

u

t XXX p g h e c x

o u e

l

Beara Peninsula SPA ,

F s e i

t d C r a x Beara Peninsula SPA p m d . r i 3 h v t

. y s b e t n i o S p _ u d d e e i t l a e r n r g o i s d e e c D u _ d o 1 r g p i Beara Peninsula SPA e r F

, _ d 7 e i 0 f i 3 d o 0 9 m

, 1 d 0 e 2 s \ u g

e n i b k t r

o AECOM Internal Project No: o n

y W a _ m

7 60535188 t I 0

\ . t S n I e i l

G Drawing Title: c \

s e ' r M e O b n C n FIG. 1. DESIGNATED E w A o

o f t o e l t e SITES AS DISCUSSED

o s s u

r a

e C h \ t

n

IN AA SCREENING s r t o c f

a e d j

l e o

r REPORT r Sheep's Head SAC a p P

G e Scale at A3: 1:60,000 r y p g

n o l e o Sheep's Head to Toe Head SPA e Drawing No: b c

s E \ a : h

X FIGURE 1. DESIGNATED SITES

g : n i e w a m

0 1.25 2.5 5 Km r Drawn: Chk'd: App'd: Date: a Sources: Esri, HERE, Garmin, USGS, Intermap, INCREMENT P, NRCan, Esri Japan, METI, Esri China (Hong Kong), Esri Korea, Esri d n s i e l h i

(Thailand), NGCC, © OpenStreetMap contributors, and the GIS User Community T RF RF F SW 08/03/19 . s n o i s n e m i d

d e t a t s

e Adelphi Plaza h t

m George's Street Upper o r f Dun Laoghaire Tel +353 (1) 238 3100 d e n

i Co. Dublin Fax +353 (1) 238 3199 a t

b A96 T927 www.aecom.com o

e b

t

s Project Title: ± u m

s t n e

m CASTLETOWNBERE e r u s a

e R572 UPGRADE m

l l A

. t n e m u c o Client: d

s i h t

e l a c s

t o n

o D

. t n e s n o c

n e t t i r w

s s e r p x e LEGEND s ' M O C E A

t

u Proposed o h t i w Development g n i w a

r Site d

s i h t

n o

s e i l Watercourses e r

r o

s e s u

t a

h Invasive Species t

y t r a p

y n a

o

t Rhododendron

, r e v e o s t a h w

Three-cornered y t i l i b a

i garlic l

y n a

s e i n e d

d n a

, y t i l i b i s n o p s e r

o n

s t p e c c a

M O C E A

. w a l

y b

d e r i u q e r

s a

r o

M O C E A

y b

d e e r Notes: g a

s a

t XXX p e c x e

, s e i d t r x a m p

. d 2 r i v h . t s y e i b c n e o p p u

S d _ e i e l v e i r s r o a v d n e I c _ u d 2 o g r i p F e r _

, 1 d 1 e i 0 f i 3 d o 0 9 m

, 1 d 0 e 2 s \ u g

e n i b k t r

o AECOM Internal Project No: o n

y W a _ m

7 60535188 t I 0

\ . t S n I e i l

G Drawing Title: c \

s e ' r M e O b n C FIG. 2. KNOWN LOCATIONS E w A o

f t o e OF SCHEDULED INVASIVE l t e s s u a

e

C SPECIES h \ t s r t o c f e d j e o r r a p P

e Scale at A3: 1:6,000 r y p g

n o l e o e Drawing No: b c

s E \ a : h

X FIGURE 2. INVASIVE SPECIES

g : n i e w a m

0 125 250 500 Metres r Drawn: Chk'd: App'd: Date: a Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User d n s i e l h i

Community T RF RF F SW 11/03/19