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National Mitigation Plan – National Mitigation Plan Natura Impact Statement JULY 2017 Natura Impact Statement – JULY 2017 © Copyright RPS Group Limited. All rights reserved. The report has been prepared for the exclusive use of our client and unless otherwise agreed in writing by RPS Group Limited no other party may use, make use of or rely on the contents of this report. The report has been compiled using the resources agreed with the client and in accordance with the scope of work agreed with the client. No liability is accepted by RPS Group Limited for any use of this report, other than the purpose for which it was prepared. RPS Group Limited accepts no responsibility for any documents or information supplied to RPS Group Limited by others and no legal liability arising from the use by others of opinions or data contained in this report. It is expressly stated that no independent verification of any documents or information supplied by others has been made. RPS Group Limited has used reasonable skill, care and diligence in compiling this report and no warranty is provided as to the report’s accuracy. No part of this report may be copied or reproduced, by any means, without the written permission of RPS Group Limited. Contents Table of Contents Chapter 1: Introduction 3 1.1 Legislative Context For Appropriate Assessment 3 1.2 Purpose Of The AA Process 4 1.3 Overlap with the Strategic Environmental Assessment of the NMP 4 1.4 Consultation 4 1.5 Work Completed to Date 7 Chapter 2: Background and Overview of the NMP 8 2.1 Background to the National Mitigation Plan (NMP) 8 2.2 Requirement for the NMP 9 2.3 Purpose and Scope of the NMP 10 2.4 Content of the NMP 13 Chapter 3: Assessment Methodology 15 3.1 Guidance Documents on AA 15 3.2 Guiding Principles and Case Law 16 3.3 Stages of Appropriate Assessment 16 3.4 Information Sources Consulted 17 3.5 Impact Prediction 18 Chapter 4: Overview of the Receiving Environment 19 4.1 Identification of European Sites 19 4.2 Conservation Objectives 22 4.3 Conservation Status of EU Protected Habitats and Species 23 4.4 Existing Threats and Pressures to EU Protected Habitats and Species 24 4.5 Relevant Biodiversity Policy 25 Chapter 5: Stage 1 Screening for Appropriate Assessment 26 5.1 Potential for Likely Significant Effects 26 5.2 Screening for Appropriate Assessment Conclusion 26 Chapter 6: Stage 2 Appropriate Assessment 27 6.1 Introduction 27 6.2 Approach to Assessment 27 6.3 Impact Prediction 28 6.4 Assessment of Effects 33 6.5 Assessment of In-combination Effects with Other Plans or Projects 86 Chapter 7: Mitigation 98 7.1 Construction, Upgrade and/or Operational Related Impacts 100 7.2 Land Use Change 106 7.3 Emissions to Air 110 Chapter 8: Assessment of Changes to the NMP 113 8.1 Assessment of All Actions Outlined in the NMP 113 8.2 Changes to Introductory Chapters 125 8.3 Changes to Chapter 3 (Decarbonising Electricity Generation) 125 8.4 Changes to Chapter 4 (Decarbonising the Built Environment) 127 8.5 Changes to Chapter 5 (Decarbonising Transport) 128 8.6 Changes to Chapter 6 (An Approach to Carbon Neutrality for Agriculture, Forest and Land Use Sectors) 129 Chapter 9: Addendum to the NIS 131 9.1 Introduction 131 9.2 Updates to the NIS 131 9.3 Clarification on AA Specific Submission Feedback 147 National Mitigation Plan – Natura Impact Statement 1 Contents Chapter 10: Conclusions 152 10.1 Next Steps 152 Chapter 11: References 153 Appendices Appendix A Consultation Responses – AA Specific 160 Appendix B Special Areas of Conservation (SACs) Republic of Ireland 171 Appendix C Special Protection Areas (SPAs) Republic of Ireland 179 Appendix D Special Areas of Conservation (SACs) Northern Ireland 182 Appendix E Special Protection Areas (SPAs) Northern Ireland 183 Appendix F Screening for AA 184 Appendix G EU Condition Assessment 217 Appendix H Generic Threats and Pressures Considered Relevant to the National Mitigation Plan 230 Appendix I Summary of Consultation Feedback and how it has influenced the Draft NMP 235 List of Figures Figure 2.1 – Greenhouse Gas Emissions Inventory by Sector in 2015 (Source: EPA, 2016) 11 Figure 4.1 – European Sites 21 List of Tables Table 1.1 – Statutory Consultees for SEA 5 Table 1.2 – Details of Consultation Responses with Relevance to AA Received by DCCAE 5 Table 2.1 – Proposed Content of the National Mitigation Plan 13 Table 4.1 – European Sites within the ZoI of the NMP 20 Table 6.1 – Main Negative Ecological Impacts Associated with the mitigation measures outlined in the NMP 31 Table 6.2 – Built Environment Sector Measures 42 Table 6.3 – Electricity Generation Measures 49 Table 6.4 – Agriculture and Forest Sector Measures 52 Table 6.5 – Transport Sector Measures 60 Table 6.6 – Habitats experiencing a decline in biodiversity as a result of air pollution (Adapted from NRA, 2011) 77 Table 6.7 – Examples of habitat changes as a result of nitrogen deposition for some European ecosystems (summary, adapted from Nordin, et al., 2011). 80 Table 6.8 – Selected EEA Tier 1 emission Factors for Combustion of Oil and Biomass 82 Table 6.9 – Air Emission Characteristics for Alternative Fuels 85 Table 6.10 – In-Combination Impacts with Other Plans, Programmes and Policy 87 Table 7.1 – AA Mitigation 98 Table 8.1 – Assessment of Actions Outlined in the NMP 113 Table 8.2 – Assessment of Changes to Decarbonising Electricity Generation 126 Table 8.3 – Assessment of Changes to Decarbonising the Built Environment 127 Table 8.4 – Assessment of Changes to Decarbonising Transport 128 Table 8.5 – Assessment of Changes for Approach to Carbon Neutrality in the Agriculture, Forest and Land Use Sectors 129 2 National Mitigation Plan – Natura Impact Statement Chapter 1 Introduction 1 Introduction The Department of Communications, Climate Action and Environment (DCCAE)1, in conjunction with other government departments with responsibility for key sectors, has prepared the draft National Mitigation Plan (herein referred to as the NMP), the first in a series of statutory national plans setting out, on an incremental basis, Ireland’s low carbon development strategy over the period to 2050. This is necessary to ensure that Ireland can effectively and equitably contribute to the EU objective of reducing greenhouse gas (GHG) emissions by 80-95% compared to 1990 levels. The preparation of the Natura Impact Statement (NIS) complies with the requirements of Article 6 of the Council Directive 92/43/EEC of 21 May 1992 on the Conservation of Natural Habitats and of Wild Fauna and Flora (as amended) (hereafter referred to as the Habitats Directive). This is transposed in Ireland principally through the Planning and Development Act 2000 (as amended) and the European Communities (Birds and Natural Habitats) Regulations 2011 (as amended). The NIS has been prepared by RPS on behalf of the DCCAE (the Competent Authority). 1.1 Legislative Context For Appropriate Assessment The Habitats Directive provides legal protection for habitats and species of European importance. Articles 3 to 9 provide the legislative means to protect habitats and species of Community Interest through the establishment and conservation of an EU-wide network of sites known as the Natura 2000 Network. These are Special Areas of Conservation (SACs) designated under the Habitats Directive and Special Protection Areas (SPAs) designated under the Conservation of Wild Birds Directive (79/409/EEC) as codified by Directive 2009/147/EC (hereafter referred to as the Birds Directive). Articles 6(3) and 6(4) of the Habitats Directive set out the decision-making tests for plans and projects likely to affect European Sites (Annex 1.1). Article 6(3) establishes the requirement for Appropriate Assessment (AA): Any plan or project not directly connected with or necessary to the management of the [European] site but likely to have a significant effect thereon, either individually or in combination with other plans or projects, shall be subjected to appropriate assessment of its implications for the site in view of the site’s conservation objectives. In 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) states: If, in spite of a negative assessment of the implications for the [European] 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 a social or economic nature, Member States 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 Previously the Department of Communications, Energy and Natural Resources (DCENR) National Mitigation Plan – Natura Impact Statement 3 Chapter 1 Introduction The Habitats Directive has been transposed into Irish law by the Planning and Development Act 2000 (as amended) and the European Communities (Birds and Natural Habitats) Regulations 2011 (as amended). In the context of the NMP, the governing legislation is principally Article 27 of the Birds and Natural Habitats Regulations which sets out the duties of public authorities (in this case the DCCAE) relating to nature conservation; and Article 42 which addresses AA. If screening for AA determines the likelihood for significant effects on a European Site(s), in view of its conservation objectives, then AA must be carried out for the Plan, including the compilation of an NIS to inform the decision making.

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