Screening for Appropriate Assessment

Proposed Diving Board Project

19322-6001-C Screening for Appropriate Assessment March 2020

ISSUE FORM Project number 19322 Document number 6001 Document revision C Document title Screening for Appropriate Assessment – Proposed Fenit Diving Board Project Document status Final Document prepared by FMk (MWP 2020-03-21) Document checked by CoN (MWP 2020-03-24)

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Table of contents

1 SUMMARY OF FINDINGS ...... 1

2 INTRODUCTION ...... 2 2.1 STATEMENT OF AUTHORITY ...... 2 2.2 Purpose of Assessment ...... 2 2.3 Legislative context ...... 2 2.4 Stages of Appropriate Assessment...... 2

3 ASSESSMENT METHODOLOGY ...... 3 3.1 Desk Study ...... 3

4 SCREENING FOR APPROPRIATE ASSESSMENT ...... 3 4.1 Management of European sites ...... 3 4.2 Description of Plan/Project ...... 4

4.2.1 Brief Project Description ...... 4 4.2.2 Site Location ...... 4 4.2.3 Site Description ...... 4 4.2.4 Characteristics of the Project ...... 9 4.2.5 Identification of Other Projects or Plans or Activities ...... 11 4.3 Identification of European Sites ...... 12

4.3.1 Zone of Impact Influence ...... 12 4.3.2 Identification of European Site...... 13 4.3.3 Characteristics of European Sites ...... 15 4.3.4 Conservation Objectives ...... 18 4.4 Identification of Potential Impacts ...... 19 4.5 Assessment of Significance of Potential Impacts ...... 19

4.5.1 Natura 2000 sites outside the zone of potential impact influence ...... 20 4.5.2 European sites within the zone of potential impact influence ...... 23 4.5.3 Water Quality and Resource ...... 23 4.5.4 Habitat Loss/Habitat Alteration ...... 24 4.5.5 Disturbance and/or Displacement of Species ...... 24 4.5.6 Habitat or Species Fragmentation...... 25 4.5.7 Cumulative/In-combination Impacts ...... 25 4.6 Conclusion of Screening Stage ...... 26

5 REFERENCES ...... 28

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TABLES

Table 1. List of planning application granted by Kerry County Council in Fenit Without ...... 12 Table 2: European sites within 15km radius of proposal site ...... 13 Table 3: European sites with qualifying features of conservation interest ...... 15 Table 4: European sites identified as being outside the zone of potential impact influence...... 21

FIGURES

Figure 1: Site Location ...... 6 APPENDICES

Appendix 1: Stages of Appropriate Assessment

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1 SUMMARY OF FINDINGS

Project Title Screening for Appropriate Assessment for proposed Fenit Diving Board Project Project Proponent Fenit Development Association Project Location Fenit Bathing Slips, Fenit Without, Fenit, Co. Kerry Screening for The Screening for Appropriate Assessment is undertaken to determine the Appropriate potential for likely significant effects of the proposed works, individually, or in Assessment combination with other plans or projects, in view of the conservation objectives of the site on a European Site (Natura 2000 Site). Conclusion It can be concluded, on the basis of objective scientific information, and in light of the Conservation Objectives of relevant European Sites (Natura 2000 sites) listed below, that the proposed works, either individually or in combination with other plans or projects, will not likely have significant effects on the following European sites. These European Sites include:

(002185)  Mount Brandon SAC (000375)  Wood SAC (002112)  Castlemaine Harbour SAC (000343)  Castlemaine Harbour SPA (004029)  Peninsula SPA (004153)  Kerry Head SPA (004189)  SAC (002261)  Magharee Islands SPA (004125)  Lower SAC (002165) It has been concluded with regard to the proposed works, that significant effects cannot be ruled out at this stage, on the following European Sites:

 Akeragh, Banna and SAC (000332)  Bay and Magharees Peninsula, West to SAC (002070)  Complex SPA (004188)

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2 INTRODUCTION Fenit Development Association (the applicant) is applying for planning permission to develop diving boards with all associated services and site works at Fenit Without, Fenit, Co. Kerry. Malachy Walsh and Partners are Environmental and Engineering Consultants on this project and the Appropriate Assessment Screening has been compiled by Malachy Walsh and Partners on behalf of the applicant.

2.1 STATEMENT OF AUTHORITY This document has been prepared by Fiona McKenna and reviewed by Caoimhin O’Neill, both Ecologists with Malachy Walsh and Partners.

Fiona McKenna is an Ecologist with Malachy Walsh and Partners. She has completed a number of Screenings for Appropriate Assessments and Natura Impact Statements for various projects, ranging from proposed remedial works at bridges, to proposed windfarm developments.

Caoimhin O’Neill is a Senior Ecologist with Malachy Walsh and Partners. He has over seven years experience and has completed numerous Natura Impact Statements, as well as other Ecological Impacts Assessments, for a wide variety of projects.

2.2 PURPOSE OF ASSESSMENT This screening for Appropriate Assessment has been undertaken to determine whether the proposed project, individually or in combination with other plans and projects, are likely to have a significant effect on any European site (i.e. Natura 2000 Sites), in view of the site’s conservation objectives.

2.3 LEGISLATIVE CONTEXT The Habitats Directive (92/43/EEC) seeks to conserve natural habitats and wild fauna and flora by the designation of Special Areas of Conservation (SACs) and the Birds Directive (79/409/EEC) seeks to protect birds of special importance by the designation of Special Protected Areas (SPAs). It is the responsibility of each Member State to designate SPAs and SACs, both of which will form part of Natura 2000, a network of protected sites throughout the European Community. The Habitats Directive has been transposed into Irish law by the European Communities (Birds and Natural Habitats) Regulations 2011. The requirement for Appropriate Assessment of the implications of plans and projects on the Natura 2000 network of sites comes from the Habitats Directive (Article 6(3)). Under the Planning and Development Act 2000 (amended) (Section 177U), a Local Authority is required to carry out a Screening for Appropriate Assessment of a proposed development prior to issuing consent. The information presented in this Screening for Appropriate Assessment will be used by the competent authority (in this case Kerry County Council) to complete their screening exercise.

2.4 STAGES OF APPROPRIATE ASSESSMENT The Appropriate Assessment process is a four-stage process with issues and tests at each stage. An important aspect of the process is that the outcome at each successive stage determines whether a further stage in the process is required. The stages are set out in Appendix 1. This proposal has proceeded as far as Stage 2.

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3 ASSESSMENT METHODOLOGY

3.1 DESK STUDY In order to carry out a screening exercise, certain information on the existing environment is required. A desk study was carried out to collate available information on the natural environment of the project site. This included a review of the following publications and datasets:

 OSI Aerial photography and 1:50,000 mapping  National Parks and Wildlife Service (NPWS)  NPWS Article 17 Species Report; NPWS (2019). The Status of EU Protected Habitats and Species in . Volume 3: Species Assessments. Unpublished NPWS report. Edited by: Deirdre Lynn and Fionnuala O’Neill  NPWS Article 17 Habitats Report; NPWS (2019). The Status of EU Protected Habitats and Species in Ireland. Volume 2: Habitat Assessments. Unpublished NPWS report. Edited by: Deirdre Lynn and Fionnuala O’Neill  National Biodiversity Data Centre (NBDC) (on-line map-viewer)  BirdWatch Ireland (on-line)  Ireland’s Marine Atlas (IMA) (on-line map-viewer)  The Bird Reports from 2008-2010 & 2011-2013  General ornithology literature  Teagasc soil area maps (NBDC website)  Geological Survey Ireland (GSI) area maps  Environmental Protection Agency (EPA) water quality data  Other information sources and reports footnoted in the course of the report

4 SCREENING FOR APPROPRIATE ASSESSMENT Screening for Appropriate Assessment (Stage 1) determines the need for a full Appropriate Assessment (Stage 2) and consists of a number of steps, each of which is addressed in the following sections of this report:

4.1 Establish whether the project is necessary for the management of a Natura 2000 site 4.2 Description of the proposed project. 4.3 Identification of Natura 2000 sites potentially affected. 4.4 Identification and description of individual and cumulative impacts of the plan/project. 4.5 Assessment of the significance of the impacts on the conservation objectives of Natura 2000 sites. 4.6 Conclusion of screening stage.

4.1 MANAGEMENT OF EUROPEAN SITES The proposal is not connected with or necessary to the conservation management of a European Site.

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4.2 DESCRIPTION OF PLAN/PROJECT

4.2.1 Brief Project Description The proposed development will comprise of the modification of existing concrete structures, construction of new diving boards, access platforms, railings and associated services.

The proposed project consists of the following main elements;

 Access  Site Preparation  Repair works at existing concrete wave wall  Installation of high diving board base/foundation for concrete column  Installation of low diving board base/foundation for concrete column  Installation of sections of precast concrete columns for high and low diving boards  Installation of stainless steel walk ways/platforms allowing access to diving board platforms  Installation of diving boards/hand rails/signage etc.  Wheelchair platform and hoist

4.2.2 Site Location The site is located on the west coast of Ireland, in on the northern side of Tralee Bay. The site is situated approximately 1km to the west of Fenit Harbour. The location of the proposed development is illustrated in Figure 1 below.

4.2.3 Site Description The site is situated on the on the northern side of Tralee Bay. The proposed development will connect to the existing wave wall and slab areas at the existing bathing facilities as illustrated in Figure 2 and Figure 3 below. The existing bathing facility has a large public access area, with changing rooms and access steps to the water’s edge. During high tide the slipway is covered by sea water. The shoreline at the general location comprises of sandy beach, rocky shore, cobble and gravel. To the east a rocky foreshore merges into a short sandy beach. An access track connects the proposed project site to Fenit Harbour approximately 1km to the east.

The subject site is located in the townland of ‘Fenit Without’ falls within the Electoral Division (ED) of ‘Ballynahaglish’ (CSO Area Code ED 19133). CSO data indicates that, in 2016, ED 19133 had a total population of 1,6001. CSO data indicates that, in 2010, a total of 1,382ha were farmed within the ED and that the majority of this was used for grazing and silage production, primarily for beef cattle. The dominant Corine Landcover Category (2018) at the site and in the surrounding area is comprised of ‘Agricultural Areas’ (Code 231), ‘Wetlands’ (Code 423), ‘Marine Waterbodies’ (Code 521) and ‘Artificial Surfaces’ (Code 112)2. According Geological Survey Ireland the area is underlain by ‘Waulsortian Limestones’3. Soil type at the location and extending north and east is ‘Fine loamy drift with siliceous stones4. Land use in the vicinity on the mainland includes agricultural, recreational, residential, commercial and open space. The Fenit blue flag beach is an important amenity area.

1 http://census.cso.ie/sapmap/ 2 https://gis.epa.ie/EPAMaps/ 3 https://dcenr.maps.arcgis.com/apps/MapSeries/index.html?appid=a30af518e87a4c0ab2fbde2aaac3c228 4 http://gis.teagasc.ie/soils/map.php [accessed 28/02/2020]

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The proposed subject site is situated in the sub-catchment ‘Ardfert_Oughter_ 010’ which is within the Tralee Bay-Feale Catchment (Hydrometric Area 232.). Adjacent to the subject site is the coastal water of Outer Tralee Bay which was assigned ‘High’ status in the in the period of 2013-20185. Southeast of the subject site is the Inner Tralee Bay which was assigned ‘Good’ status in the in the period of 2013-20186. According to the Water Framework Directive (WFD) 2nd Cycle only one out of six rivers within the subcatchment Ardfert_Oughter_ 010 was classified as ‘At Risk’ due to its poor ecological status as a result of elevated nutrients. The pressures identified were; agriculture and septic tanks systems7. Investigative assessments are required for this river and the remaining five rivers within the subcatchment are under review due to their unassigned status7.

5 https://www.catchments.ie/maps/ [accessed 28/02/2020] 6 https://www.catchments.ie/maps/

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Figure 1: Site Location

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Figure 2: Proposed Site Layout

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Figure 3: Proposed Site Layout

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4.2.4 Characteristics of the Project

4.2.4.1 Main Elements The proposed development consists of the following main elements;

 Access  Site Preparation  Repair works at existing pier wall.  Installation of high diving board base/ foundations for concrete column  Installation of low diving board base/foundations for concrete column  Installation of sections of precast concrete columns for high and low diving boards  Installation of stainless steel walk ways/platforms allowing access from the public access area to the diving board columns  Installation of diving boards/hand rails/signage  Wheelchair platform and hoist

4.2.4.2 Project Characteristics Summary The proposed project is summarised below.

The works will be within the development footprint shown on Figure 2 above, an area of approximately 0.38 ha. Size, scale, area, land-take There is no spatial overlap with any European site; therefore, there will be no land take within any European site.

The proposed development will comprise of modification of existing concrete structures, construction of new diving boards, access platforms, railings and associated services.

 Access  Site Preparation Details of physical changes  Repair works at existing pier wall. that will take place during the  Installation of high diving board base/foundations for concrete various stages of column implementing the proposal  Installation of low diving board base/foundations for concrete column  Installation of sections of precast concrete columns for high and low diving boards  Installation of stainless steel walk ways/platforms allowing access from wave wall to diving board columns  Installation of diving boards/hand rails/signage

Materials and Equipment Requirement Description of resource There will be normal construction equipment such as excavators, requirements for the teleporters, small dumpers generators, drills, shuttering equipment, and construction/operation and hand tools. decommissioning of the proposal (water resources, Materials include; construction material, human presence etc)  Concrete  Steel  Fencing

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Site Personnel It is estimated that approximately 5 to 10 workers will be employed for the construction works. These will include construction operatives in addition to construction management etc.

Operational The diving boards will be in use between May and September. It is likely that the diving boards will be removed during the winter months.

Decommissioning If it is decided that the proposed project will be decommissioned, all materials removed from the site will be disposed/treated in accordance with best practice waste management procedures and any requirements specified by KCC.

Sequence/phase of activities While there will be an element of phasing in the construction activities, there will be some overlap. Construction works will be carried out in Description of timescale for sequential/parallel manner in order to; the various activities that will take place as a result of  Minimise disruption to environment/local area implementation (including  Create the safest working conditions possible likely start and finish date)

In the event of planning permission grant, the likely start date would be in 2020, and would take approximately 3 months to complete.

Wastes arising during the construction phase include;

 Timber/steel off cuts during shuttering.  Concrete waste associated with foundation construction;  Potential hazardous wastes e.g. waste oils, associated with Description of wastes arising operation of vehicles and plant. and other residues (including  General waste, office waste and canteen waste associated with the quantities) and their disposal temporary construction compound area.

Each day, following construction activities all equipment/material will be removed from the site and stored appropriately. All wastes will be segregated for re-use and recycling off-site. All wastes will be disposed of appropriately and in line with Construction best practice/legislative requirements. Potential Construction Waste

Identification of wastes  Concrete arising and other residues  Fuel/Oil (including quantities) that may be of particular concern There shall be no washout of concrete trucks; this will be completed at in the context of the Natura supplier’s yard. Concrete to provide for concrete structures will be 2000 network contained within secured shuttering/form work, with fast setting agent. Only sound plant/equipment will be permitted on site, operated by trained/experienced personnel. Any soil contaminated by fuel or concrete spillage will be removed from the site and dealt with appropriately as per legislative requirements. Description of any additional services required to  Temporary Construction Compound will be located at Fenit Harbour, implement the project or plan, and will make use of existing site services. their location and means of

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construction

Additional criteria as N/A described

4.2.5 Identification of Other Projects or Plans or Activities

4.2.5.1 Plans The proposal was considered in combination with other plans and projects in the area that could result in cumulative impacts on European sites. Other plans considered include;

 Kerry County Development Plan 2015 – 2021  Tralee/ HUB FALAP 2013-2019

4.2.5.2 Fenit Harbour/General Area Land use within the general area includes agriculture to the north, and Fenit Harbour Operations. Land use in the existing harbour includes commercial shipping, fishing, leisure and amenity, lifesaving and maintenance dredging.

A review of Kerry County Council on line planning enquiry does not show any grants of planning over the past five years, at Fenit Harbour. In 2018 dredging works were completed in the harbour (KCC planning file 1182). Commercial shipping is the main land-use activity at the Harbour.

4.2.5.3 Diffuse and Point Sources of Pollution Polluting substances from point (industrial pollutants, wastewater effluents, stormwater sewers) and diffuse (urban and agricultural runoff) sources associated with ongoing activities in the Tralee Bay catchment area enter the lower catchment and estuary. The following is a list of known point sources:

 Tralee WWTP, status: pass (source: EPA)  WWTP, status: pass (source: EPA)  Fenit Septic Tank, status: fail due to lack of secondary treatment (source: EPA)  WWTP, status: fail due to lack of secondary treatment (source: EPA)  Septic Tank, status: fail due to lack of secondary treatment (source: EPA)  Two WWDL (Waste Water Discharge Licences or Certificates) occur within the bay hinterland (source: North Kerry – Tralee Bay WMU, 2009-2015)

An application for consent for an urban WWTP at Fenit and Castlegregory has been lodged to the EPA and KCC, respectively. This has been approved for Castlegregory WWTP.

4.2.5.4 Review of Kerry County Council Planning Enquiry System A review was carried out of the Kerry County Council online planning enquiry system. No large scale projects have been identified for the area.

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Table 1. List of planning application granted by Kerry County Council in Fenit Without Planning Description of Apllication Reference 2054 Private dwelling: Three first floor windows. 19308 Private dwelling: 1. Demolish an extension at the rear of the dwelling 2. Construct a story and half extension to the rear of the dwelling 19327 Installation of a passenger lift to rear of the building and change of use of first floor from storage to and educational facility. 19174 Private dwelling: retain existing ground floor extension with dormer room over the same as constructed to the rear of the existing bungalow. 17541 1. Change of use of old Garda station from commercial to residential 2. Convert Garda Station In to a Granny Flat 3. Permission to demolish existing store/boiler house to the rear and portable shed to the east. 4. Permission to erect new extensions to the rear of the existing dwelling incorporating kitchen/dining/living/utility in one section and master bedroom, re-slate roof to existing dwelling and make elevation changes. 5. Permission to erect new detached garage/fuel store dwelling, permission to demolish existing sunroom and balcony and erection in lieu of same a new lounge and associated decking area. Permission to extend front porch and a new shower room. 16605 Private dwelling: Demolish existing sunroom and balcony and permission to erect in lieu of same a new single story extension and permission to extend front porch. 16568 Private dwelling: 1. Demolish part of existing dwelling house 2. Renovate remaining part of dwelling house 3. Construct and extension to the side and rear of the dwelling house 15275 Private dwelling: Retain gable and roof. Permission to demolish existing sunroom and balcony and erection in lieu of the same a new lounge and associated decking are and permission to extend front porch. 15750 Private dwelling: Retain extensions and elevation alterations to dwelling house and also for a domestic garage, relocated waste water treatment unit, raise percolation area and all site works. 15640 Private dwelling: Alter and extend dwelling house and associated elevation changes and site works.

4.3 IDENTIFICATION OF EUROPEAN SITES

4.3.1 Zone of Impact Influence The test for the screening for Appropriate Assessment is to assess, in view of best scientific knowledge, if the development, individually or in combination with other plans or projects is likely to have a significant effect on a European site. If there are any significant, potentially significant, or uncertain effects, it will be necessary to proceed to Stage 2 Appropriate Assessment. National guidance recommends that a list is compiled of all European sites within what is described as a ‘likely zone of impact of [a] plan or project’ (DoEHLG, 2009, p.32) and which may, or ultimately may not, be impacted upon by the proposal. In the case of plans it is recommended that this zone extends out

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for a distance of 15km (Scott Wilson et al., 2006, cited in DoEHLG, 2009). With regard to projects such as the proposal considered in this report, the guidance goes on to state, as follows;

For projects, the distance could be much less than 15km, and in some cases less than 100m, 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, 2009).

4.3.2 Identification of European Site Adopting the precautionary principle, in identifying potentially affected European sites, it has been decided to include all European sites, within a 15km radius of the proposal site. Table 2 below lists the European sites within 15km, or the zone of influence of the proposal site, including their proximity; they are illustrated in Figure 4 overleaf.

Table 2: European sites within 15km radius of proposal site No. European Site Site Code Proximity of designated site and direction from proposed project 1 Akeragh, Banna and Barrow Harbour 000332 Approximately 0.1km to west of repair works. SAC Approximately 0.3km to east of high diving board platform 2 Tralee Bay and Magharees Peninsula, 002070 Approximately 0.4km to south West to Cloghane SAC 3 Tralee Bay Complex SPA 004188 Approximately 0.6km to the north 4 Slieve Mish Mountains SAC 002185 Approximately 5km to the south 5 Magharee Islands SAC 002261 Approximately 6.5km to the north/northwest 6 Magharee Islands SPA 004125 Approximately 7.5km to north/northwest 7 Dingle Peninsula SPA 004153 Approximately 10km to the west 8 Mount Brandon SAC 000375 Approximately 10.3km to the west 9 Kerry Head SPA 004189 Approximately 13km to the north 10 Castlemaine Harbour SAC 000343 Approximately 13km to south 11 Castlemaine Harbour SPA 004029 Approximately 13km to the south 12 Ballyseedy Wood SAC 002112 Approximately 14km to the east/southeast 13 Lower River Shannon SAC 002165 Approximately 15km to the north

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Figure 4: European Sites within 15km of proposed development

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4.3.3 Characteristics of European Sites Table 3 below lists the features of interest for the European Sites that lie within 15km of the proposal site. Information pertaining to designated sites is from site synopses, conservation objectives and other information available on www.npws.ie.

Table 3: European sites with qualifying features of conservation interest Designated Site Qualifying Features Akeragh, Banna and  Annual vegetation of drift lines [1210] Barrow Harbour SAC  Salicornia and other annuals colonising mud and sand [1310] 000332  Atlantic salt meadows (Glauco-Puccinellietalia maritimae) [1330]  Mediterranean salt meadows (Juncetalia maritimi) [1410]  Embryonic shifting dunes [2110]  Shifting dunes along the shoreline with Ammophila arenaria (white dunes) [2120]  Fixed coastal dunes with herbaceous vegetation (grey dunes) [2130]  Humid dune slacks [2190]  European dry heaths [4030]

Tralee Bay and Magharees  Estuaries [1130] Peninsula, West to  Mudflats and sandflats not covered by seawater at low tide [1140] Cloghane SAC 002070  Coastal lagoons [1150]  Large shallow inlets and bays [1160]  Reefs [1170]  Annual vegetation of drift lines [1210]  Perennial vegetation of stony banks [1220]  Salicornia and other annuals colonising mud and sand [1310]  Atlantic salt meadows (Glauco-Puccinellietalia maritimae) [1330]  Mediterranean salt meadows (Juncetalia maritimi) [1410]  Shifting dunes along the shoreline with Ammophila arenaria (white dunes) [2120]  Fixed coastal dunes with herbaceous vegetation (grey dunes) [2130]  Dunes with Salix repens ssp. argentea (Salicion arenariae) [2170]  Humid dune slacks [2190]  Molinia meadows on calcareous, peaty or clayey-silt-laden soils (Molinion caeruleae) [6410]  Alluvial forests with Alnus glutinosa and Fraxinus excelsior (Alno-Padion, Alnion incanae, Salicion albae) [91E0]  Lutra lutra (Otter) [1355]  Petalophyllum ralfsii (Petalwort) [1395]

Tralee Bay Complex SPA  Whooper Swan (Cygnus cygnus) [A038] 004188  Light-bellied Brent Goose (Branta bernicla hrota) [A046]  Shelduck (Tadorna tadorna) [A048]  Wigeon (Anas penelope) [A050]  Teal (Anas crecca) [A052]  Mallard (Anas platyrhynchos) [A053]  Pintail (Anas acuta) [A054]  Scaup (Aythya marila) [A062]  Oystercatcher (Haematopus ostralegus) [A130]  Ringed Plover (Charadrius hiaticula) [A137]  Golden Plover (Pluvialis apricaria) [A140]  Grey Plover (Pluvialis squatarola) [A141]  Lapwing (Vanellus vanellus) [A142]

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Designated Site Qualifying Features  Sanderling (Calidris alba) [A144]  Dunlin (Calidris alpina) [A149]  Black-tailed Godwit (Limosa limosa) [A156]  Bar-tailed Godwit (Limosa lapponica) [A157]  Curlew (Numenius arquata) [A160]  Redshank (Tringa totanus) [A162]  Turnstone (Arenaria interpres) [A169]  Black-headed Gull (Chroicocephalus ridibundus) [A179]  Common Gull (Larus canus) [A182]  Wetland and Waterbirds [A999]

Slieve Mish Mountains  Northern Atlantic wet heaths with Erica tetralix [4010] SAC 002185  European dry heaths [4030]  Alpine and Boreal heaths [4060]  Siliceous scree of the montane to snow levels (Androsacetalia alpinae and Galeopsietalia ladani) [8110]  Calcareous rocky slopes with chasmophytic vegetation [8210]  Siliceous rocky slopes with chasmophytic vegetation [8220]  Trichomanes speciosum (Killarney Fern) [1421] Magharee Islands SAC  Reefs [1170] 002261

Magharee Islands SPA  Storm Petrel (Hydrobates pelagicus) [A014] 004125  Shag (Phalacrocorax aristotelis) [A018]  Barnacle Goose (Branta leucopsis) [A045]  Common Gull (Larus canus) [A182]  Common Tern (Sterna hirundo) [A193]  Arctic Tern (Sterna paradisaea) [A194]  Little Tern (Sterna albifrons) [A195]

Dingle Peninsula SPA  Fulmar (Fulmarus glacialis) [A009] 004153  Peregrine (Falco peregrinus) [A103]  Chough (Pyrrhocorax pyrrhocorax) [A346]

Mount Brandon SAC  Vegetated sea cliffs of the Atlantic and Baltic coasts [1230] 000375  Oligotrophic waters containing very few minerals of sandy plains (Littorelletalia uniflorae) [3110]  Oligotrophic to mesotrophic standing waters with vegetation of the Littorelletea uniflorae and/or Isoeto-Nanojuncetea [3130]  Northern Atlantic wet heaths with Erica tetralix [4010]  European dry heaths [4030]  Alpine and Boreal heaths [4060]  Species-rich Nardus grasslands, on siliceous substrates in mountain areas (and submountain areas, in Continental Europe) [6230]  Blanket bogs (* if active bog) [7130]  Siliceous scree of the montane to snow levels (Androsacetalia alpinae and Galeopsietalia ladani) [8110]  Calcareous rocky slopes with chasmophytic vegetation [8210]  Siliceous rocky slopes with chasmophytic vegetation [8220]  Margaritifera margaritifera (Freshwater Pearl Mussel) [1029]  Trichomanes speciosum (Killarney Fern) [1421]

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Designated Site Qualifying Features Kerry Head SPA 004189  Fulmar (Fulmarus glacialis) [A009]  Chough (Pyrrhocorax pyrrhocorax) [A346]

Castlemaine Harbour SAC  Estuaries [1130]  Mudflats and sandflats not covered by seawater at low tide [1140]  Annual vegetation of drift lines [1210]  Perennial vegetation of stony banks [1220]  Vegetated sea cliffs of the Atlantic and Baltic coasts [1230]  Salicornia and other annuals colonising mud and sand [1310]  Atlantic salt meadows (Glauco-Puccinellietalia maritimae) [1330]  Mediterranean salt meadows (Juncetalia maritimi) [1410]  Embryonic shifting dunes [2110]  Shifting dunes along the shoreline with Ammophila arenaria (white dunes) [2120]  Fixed coastal dunes with herbaceous vegetation (grey dunes) [2130]  Dunes with Salix repens ssp. argentea (Salicion arenariae) [2170]  Humid dune slacks [2190]  Alluvial forests with Alnus glutinosa and Fraxinus excelsior (Alno-Padion, Alnion incanae, Salicion albae) [91E0]  Petromyzon marinus (Sea Lamprey) [1095]  Lampetra fluviatilis (River Lamprey) [1099]  Salmo salar (Salmon) [1106]  Lutra lutra (Otter) [1355]  Petalophyllum ralfsii (Petalwort) [1395]

Castlemaine Harbour SPA  Red-throated Diver (Gavia stellata) [A001] 004029  Cormorant (Phalacrocorax carbo) [A017]  Light-bellied Brent Goose (Branta bernicla hrota) [A046]  Wigeon (Anas penelope) [A050]  Mallard (Anas platyrhynchos) [A053]  Pintail (Anas acuta) [A054]  Scaup (Aythya marila) [A062]  Common Scoter (Melanitta nigra) [A065]  Oystercatcher (Haematopus ostralegus) [A130]  Ringed Plover (Charadrius hiaticula) [A137]  Sanderling (Calidris alba) [A144]  Bar-tailed Godwit (Limosa lapponica) [A157]  Redshank (Tringa totanus) [A162]  Greenshank (Tringa nebularia) [A164]  Turnstone (Arenaria interpres) [A169]  Chough (Pyrrhocorax pyrrhocorax) [A346]  Wetland and Waterbirds [A999]

Ballyseedy Wood SAC  Alluvial forests with Alnus glutinosa and Fraxinus excelsior (Alno-Padion, 002112 Alnion incanae, Salicion albae) [91E0]

Lower River Shannon SAC  Sandbanks which are slightly covered by sea water all the time [1110] 002165  Estuaries [1130]  Mudflats and sandflats not covered by seawater at low tide [1140]  Coastal lagoons [1150]  Large shallow inlets and bays [1160]  Reefs [1170]  Perennial vegetation of stony banks [1220]  Vegetated sea cliffs of the Atlantic and Baltic coasts [1230]

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Designated Site Qualifying Features  Salicornia and other annuals colonising mud and sand [1310]  Atlantic salt meadows (Glauco-Puccinellietalia maritimae) [1330]  Mediterranean salt meadows (Juncetalia maritimi) [1410]  Water courses of plain to montane levels with the Ranunculion fluitantis and Callitricho-Batrachion vegetation [3260]  Molinia meadows on calcareous, peaty or clayey-silt-laden soils (Molinion caeruleae) [6410]  Alluvial forests with Alnus glutinosa and Fraxinus excelsior (Alno-Padion, Alnion incanae, Salicion albae) [91E0]  Margaritifera margaritifera (Freshwater Pearl Mussel) [1029]  Petromyzon marinus (Sea Lamprey) [1095]  Lampetra planeri (Brook Lamprey) [1096]  Lampetra fluviatilis (River Lamprey) [1099]  Salmo salar (Salmon) [1106]  Tursiops truncatus (Common Bottlenose Dolphin) [1349]  Lutra lutra (Otter) [1355]

4.3.4 Conservation Objectives According to the Habitats Directive, the conservation status of a natural habitat will be taken as ‘favourable’ within its biogeographic range when:

 its natural range and areas it covers within that range are stable or increasing, and  the specific structure and functions which are necessary for its long-term maintenance exist and are likely to continue to exist for the foreseeable future, and  the conservation status of its typical species is favourable as defined below.

According to the Habitats Directive, the conservation status of a species means the sum of the influences acting on the species concerned that may affect the long-term distribution and abundance of its populations. The conservation status will be taken as ’favourable’ within its biogeographic range when:

 population dynamics data on the species concerned indicate that it is maintaining itself on a long-term basis as a viable component of its natural habitats, and  the natural range of the species is neither being reduced nor is likely to be reduced for the foreseeable future, and  there is, and will probably continue to be, a sufficiently large habitat to maintain its populations on a long-term basis.

The specific Conservation Objectives for each European site are available on www.npws.ie. These have been accessed for the sites listed in the tables above on 19th March 2020.

Site specific and detailed conservation objectives were available for the following sites:

 Akeragh, Banna and Barrow Harbour SAC (000332). Version 1. Produced January 2017  Tralee Bay and Magharees Peninsula West to Cloghane SAC (002070). Version 1. Produced February 2014  Tralee Bay Complex SPA (004188). Version 1. Produced April 2014  Magharee Islands SAC (002261). Version 1. Produced December 2013

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 Mount Brandon SAC (000375). Version 1. Produced July 2016  Castlemaine Harbour SAC (000343), Castlemaine Harbour SPA (004029). Version 2.0. Produced July 2011  Lower River Shannon SAC (002165). Version 1. Produced August 2012

Generic conservation objectives were available for the following sites:

 Slieve Mish Mountains SAC (002185). Generic version 6.0. Produced February 2018  Magharee Islands SPA (004125). Generic version 6.0. Produced February 2018  Dingle Peninsula SPA (004153). Generic version 6.0. Produced February 2018  Ballyseedy Wood SAC (002112). Generic version 6.0. Produced February 2018  Kerry Head SPA (004189). Generic version 6.0. Produced February 2018

Management plans are not available for any of the sites.

All Conservation Objectives together with other designated site information are available on www.npws.ie/protectedsites/

4.4 IDENTIFICATION OF POTENTIAL IMPACTS Potential likely ecological impacts arising from the project are identified in this section.

 Upgrade/Construction of new structures. Description of elements of the project  Use of plant machinery and associated fuels and oils. likely to give rise to potential ecological  Concrete. impacts sites.  Increased levels of disturbance due to human activities during the construction phase.  Waste generation during construction phase. Describe any likely direct, indirect or  Proposed works located within 15km of thirteen European secondary ecological impacts of the sites. project (either alone or in combination  No land-take of any Natura 2000 site is required. with other plans or projects) by virtue of:  Requirement for some excavations.  Requirement use of plant/equipment  Size and scale;  Requirement for use of cementitious materials.  Land-take;  Potential water quality impacts from accidental fuel/ oil and  Distance from Natura 2000 Site or concrete spill. key features of the Site;  Elevated noise levels as result of plant/delivery trucks and  Resource requirements; increased human activity on site.  Emissions;  Approximately 3 month’s duration.  Excavation requirements;  Transportation requirements;  Duration of construction, operation etc.; and  Other.

4.5 ASSESSMENT OF SIGNIFICANCE OF POTENTIAL IMPACTS This section considers the list of sites identified in Section 4.3, above, together with the potential ecological impacts identified in the previous section and determines whether the project is likely to have significant effects on a European site.

When assessing impact, European sites are only considered relevant where a credible or tangible source-pathway-receptor link exists between the proposed development and a protected species or

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habitat type. In order for an impact to occur there must be a risk initiated by having a 'source' (e.g. excavation), and an impact pathway between the source and the receptor (e.g. a waterbody which connects the proposal site to the protected species or habitats).

An evaluation based on these factors to determine whichEuropean sites are the plausible ecological receptors for potential impacts of the proposed diving board project will be conducted in Sections 4.5.1 and 4.5.2 below. The evaluation takes cognisance of the scope, scale, nature and size of the project, its location relative to the European sites listed in Table 2 above, and the degree of connectedness that exists between the project and each European site’s potential ecological receptors.

4.5.1 European sites outside the zone of potential impact influence With regards to the proposal, it is considered that the project does not include any element that has the potential to significantly alter the conservation objectives for which certain European sites, listed in Table 2 above, are designated. It is considered that these Natura 2000 sites are outside the zone of potential impact influence of the proposal due to the absence of plausible impact pathways and/or the attenuating effect of the distance intervening. Therefore, it is objectively concluded that significant impacts on these sites are not reasonably foreseeable as a result of the programme of works described at Section 4.2.4. These sites, which are listed in Table 4 below, along with their distance and the rationale for exclusion, will not be considered further in this document.

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Table 4: European sites identified as being outside the zone of potential impact influence Proximity of designated site and direction Natura 2000 site Rationale for exclusion from assessment from proposed project  Designated for a range of terrestrial habitats and one terrestrial plant species  No overlap - Intervening distance of approximately 5km between proposed site and SAC Slieve Mish Mountains SAC (002185) Approximately 5km to the south  Marine nature and location of the works  SAC situated upslope  Marine habitats not suitable for Killarney fern  No plausible impact pathway for qualifying habitat or species effects  Designated for variety of seabird, wader, wildfowl and coastal species  Species of Conservation Concern using Islands/upslope  Significant separation distance/dilution factor, provided by Tralee Bay between the Magharee Islands SPA (004125) Approximately 7.5km to north/northwest SPA and the proposed works, the SPA is outside of the zone of influence of the project  Significant habitat or species impacts are not reasonably foreseeable  Designated for two coastal/upland species (chough & peregrine) and one species of seabird (fulmar) Dingle Peninsula SPA (004153) Approximately 10km to the west  Marine nature and location of the works  Intervening distance of approximately 10km between site and SPA  Significant impacts not reasonably foreseeable  Designated for variety of terrestrial and freshwater habitats, one freshwater invertebrate and one terrestrial plant species  No overlap - Intervening distance of in excess of 10km between site and SAC Mount Brandon SAC (000375) Approximately 10.3km to the west  Location, scale and nature of the works  Marine habitats not suitable for freshwater pearl mussel or Killarney fern  No plausible impact pathway for qualifying habitat or species effects  Designated for a variety of coastal and terrestrial habitats, marine and freshwater Castlemaine Harbour SAC (000343) Approximately 13km to south species and one liverwort species

 Due to the separation buffer provided by the intervening Dingle Peninsula

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Proximity of designated site and direction Natura 2000 site Rationale for exclusion from assessment from proposed project landmass, between the SAC and the proposed works, the SAC is outside of the zone of influence of the project  Significant habitat or species impacts are not reasonably foreseeable  Designated for variety of seabird, wader, wildfowl and coastal/upland species  Due to the separation buffer provided by the intervening Dingle Peninsula Castlemaine Harbour SPA (004029) Approximately 13km to south landmass between the SPA and the proposed works, the SPA is outside of the zone of influence of the project  Significant habitat or species impacts are not reasonably foreseeable  Designated for one woodland habitat-type  No overlap - Intervening distance of approximately 12km between site and SAC Ballyseedy Wood SAC (002112) Approximately 14km to the east/southeast  Marine nature and location of the works  SAC site upslope  No plausible impact pathway for qualifying habitat or species effects  Designated for one seabird (fulmar) and one coastal/upland (chough) species  Marine nature and size, scale, and location of the works Kerry Head SPA (004189) Approximately 13km to the north  Intervening distance of in excess of 7km between site and SPA  Significant impacts not reasonably foreseeable  Designated for a variety of coastal and terrestrial habitats, marine and freshwater species  Significant dilution factor present/provided by Tralee Bay/Atlantic Ocean Lower River Shannon SAC (002165) Approximately 15km to the north  Due to considerable separation buffer/dilution factor between the SAC and the proposed works, the SAC is considered outside of the zone of influence of the project  Significant habitat or species impacts are not reasonably foreseeable

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4.5.2 European sites within the zone of potential impact influence Of the European sites listed in Table 2 above, four are considered to have the potential to be impacted as a result of the proposal. Construction projects potentially pose; habitat alteration, species disturbance/displacement and/or water quality impacts to occur within these remaining European sites as a result of the proposal. These European sites are linked to the proposal site and to each other through the coastal water bodies of ‘Inner Tralee Bay’, ‘Outer Tralee Bay’, ‘Brandon Bay’, ‘South-western Atlantic Seaboard’ (HA 23). Therefore, the assessment of significance of potential impacts that follows focuses on the following European sites:

 Akeragh, Banna and Barrow Harbour SAC (000332)  Tralee Bay and Magharees Peninsula, West to Cloghane SAC (002070)  Tralee Bay Complex SPA (004188)  Magharee Islands SAC (002261)

The likelihood of significant effects to a European site from the project was determined based on a number of indicators including;

 Water quality and resource  Habitat loss  Habitat alteration  Habitat or species fragmentation  Disturbance and/or displacement of species

The likelihood of significant cumulative/in-combination effects is assessed in Section 4.5.7.

4.5.3 Water Quality and Resource

4.5.3.1 Construction Phase Construction projects pose potential negative impacts on water quality from site works as a result of oil/fuel contamination during construction activities. There is the potential for concrete contamination during the installation of new structures.

There is potential for water quality effects within the following European sites;

 Akeragh, Banna and Barrow Harbour SAC (000332)  Tralee Bay and Magharees Peninsula, West to Cloghane SAC (002070)  Tralee Bay Complex SPA (004188)  Magharee Islands SAC (002261)

Due to the intervening distance, the available dilution factor that occurs, and the scale of the proposed works, it is considered significant water quality impacts are not expected to occur within the following European site;

 Magharee Islands SAC (002261)

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All the remaining European sites are situated in the within the Tralee Bay area, as is the proposed project described in this report. Potential water quality the proposed project poses, are pollution impacts as result of fuel/oil, and concrete spills. As a result, it is objectively concluded that significant water quality impacts on Akeragh, Banna and Barrow Harbour SAC (000332), Tralee Bay and Magharees Peninsula, West to Cloghane SAC (002070) and Tralee Bay Complex SPA (004188) owing to the project is uncertain. Therefore, further assessment is required.

4.5.3.2 Operational Phase The operational phase of the proposed Fenit Diving Boards will not result in any new emissions to water at the site. Therefore, it is considered that the operational phase of the proposed project will not result in significant water quality impacts within the Akeragh, Banna and Barrow Harbour SAC, Tralee Bay and Magharees Peninsula, West to Cloghane SAC (002070) and the Tralee Bay Complex SPA.

4.5.4 Habitat Loss/Habitat Alteration The proposed works do not overlap with any European site. Therefore, the proposal will not result in direct loss of habitat loss within any of the European sites listed in Table 2 above.

Habitat loss/alteration can arise from indirect water quality impacts such as sedimentation, and accidental concrete/fuel/oil spills.

It was concluded in Section 4.5.4 that significant water quality impacts are uncertain, therefore habitat loss/alteration could arise for the marine associated habitats of the following European sites; Akeragh, Banna and Barrow Harbour SAC (000332), Tralee Bay and Magharees Peninsula, West to Cloghane SAC (002070) and Tralee Bay Complex SPA (004188). Therefore, further assessment is required.

With regard to those European sites designated for the protection of terrestrial habitat-types, significant separation distances intervene between the subject sites and each European site and so no direct habitat loss or alteration impacts will ensue.

4.5.5 Disturbance and/or Displacement of Species

4.5.5.1 Tralee Bay and Magharees Peninsula, West to Cloghane SAC The Conservation Objectives of the Tralee Bay and Magharees Peninsula, West to Cloghane SAC includes the following Qualifying Interests;

 Lutra lutra (Otter) [1355]  Petalophyllum ralfsii (Petalwort) [1395]

Petalwort Petalwort is a pale green thalloid liverwort with erect lamellae on its upper surface that grows in open, damp, calcareous dune slacks, often on low hummocks rather than on the very wet ground, on compacted sandy/muddy bryophyte-rich turf. Due to the location/habitat type that this species is usually found, it is considered that the proposed works described in this report will not result in significant impacts on petalwort protected within the Tralee Bay and Magharees Peninsula, West to Cloghane SAC.

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Otter A certain amount of activity already occurs at the site (Fenit Harbour Operations, recreation, and agricultural activities to the north). The mapping of otter commuting routes included in the Conservation Objectives for the Tralee Bay and Magharees Peninsula, West to Cloghane SAC do not overlap with the proposal site. Otter has an overall conservation status of ‘Favourable’, with the main threats to the species accidental deaths as result of road kill, fishing equipment and pollution of surface waters (NPWS, 2019).

It was determined in Section 4.5.4 above impacts to water quality cannot be ruled out. Pollution incidents, as a result of the proposed works, could result in loss of prey items, including fish species, resulting in displacement impacts to the Otter. Therefore, it has been objectively concluded that there is a potential for indirect disturbance/displacement impact to Otter and further assessment is required.

4.5.5.2 The Tralee Bay Complex SPA The Tralee Bay Complex SPA is, of special Conservation Interest for the following species; Whooper Swan, Light-bellied Brent Goose, Shelduck, Wigeon, Teal, Mallard, Pintail, Scaup, Oystercatcher, Ringed Plover, Golden Plover, Grey Plover, Lapwing, Sanderling, Dunlin, Black-tailed Godwit, Bar- tailed Godwit, Curlew, Redshank, Turnstone, Black-headed Gull and Common Gull. It is also of special conservation interest for holding an assemblage of over 20,000 wintering waterbirds.

Pollution incidents, as a result of the proposed works, could result in loss of prey items or food source for the bird species listed above due to adverse water quality, resulting in displacement impacts to those species. Therefore, it has been objectively concluded that there is a potential for the impact of disturbance/displacement to bird species listed above, owing to the project and further assessment is required.

4.5.6 Habitat or Species Fragmentation Habitat fragmentation can be described as discontinuities in an organisms preferred habitat. This can result in species fragmentation through fragmentation of the population. Habitat loss or alteration can result in habitat fragmentation. There is potential for indirect habitat/species fragmentation within the following European sites:

 Akeragh, Banna and Barrow Harbour SAC (000332)  Tralee Bay and Magharees Peninsula, West to Cloghane SAC (002070)  Tralee Bay Complex SPA

4.5.7 Cumulative/In-combination Impacts The proposal was considered in combination with other plans and projects in the area that could result in cumulative impacts on European sites. Other plans considered include:

 Kerry County Development Plan 2015 – 2021  Tralee/Killarney HUB FALAP 2013-2019

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No significant cumulative impacts are predicted with the plans listed above, as each plan has a range of environmental and natural heritage policy safeguards in place. These safeguards to protect the natural environment and European Sites will also apply to the proposal described in this report.

The main potential projects poses are water quality impacts during the construction phase. A cumulative impact arises from incremental changes caused by other past, present or reasonably foreseeable future actions together with the proposed works. Land use within in the general area includes agriculture to the north, and Fenit Harbour Operations. Land use in the existing harbour includes commercial shipping, fishing, leisure and amenity, lifesaving and maintenance dredging. Polluting substances from point (industrial pollutants, wastewater effluents, stormwater sewers) and diffuse (urban and agricultural runoff) sources associated with ongoing activities in the Tralee Bay catchment area enter the lower catchment and estuary include Waste Water Treatment Plants.

Section 4.5.3 above concluded that potential negative impacts on water quality from site works as a result of oil/fuel contamination during construction activities for the proposed project may ensue. Therefore the proposal could result in significant cumulative water quality impacts, in combination with other plans/projects/developments in the area.

Therefore, due to the aforementioned, it is considered that the proposed works may result in significant cumulative impacts, in combination with other projects on the European sites listed in Table 2 above and further assessment is required.

4.6 CONCLUSION OF SCREENING STAGE This screening for appropriate assessment was undertaken to determine the potential for likely significant effects of the proposed works, individually, or in combination with other plans or projects, in view of the conservation objectives of any European Site. The proposed works described, are within 15km of thirteen European Sites. It has been objectively concluded that the following sites are not likely to be significantly affected by the proposed works, and can therefore be screened out for appropriate assessment:

 Slieve Mish Mountains (002185)  Mount Brandon SAC (000375)  Ballyseedy Wood SAC (002112)  Castlemaine Harbour SAC (000343)  Castlemaine Harbour SPA (004029)  Dingle Peninsula SPA (004153)  Kerry Head SPA (004189)  Magharee Islands SAC (002261)  Magharee Islands SPA (004125)  Lower River Shannon SAC (002165)

It can be objectively concluded, at this stage, that significant effects cannot be ruled out at this stage, on the following European sites:

 Akeragh, Banna and Barrow Harbour SAC (000332)  Tralee Bay and Magharees Peninsula, West to Cloghane SAC (002070)

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 Tralee Bay Complex SPA (004188)

Further assessment is required to determine whether the project is likely to adversely affect the integrity of these European sites. An Appropriate Assessment of the project is required and a Natura Impact Statement (NIS) will need to be prepared to inform the Appropriate Assessment.

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5 REFERENCES Department of the Environment, Heritage and Local Government (DoEHLG) (2009). Appropriate Assessment of Plans and Projects in Ireland: Guidance for Planning Authorities. Department of Environment, Heritage and Local Government.

EC (2000). Managing Natura 2000 Sites: The provisions of Article 6 of the ‘Habitats’ Directive 92/43/EEC. Luxembourg: Office for Official Publications of the European Communities.

EC (2001). Assessment of Plans and Projects Significantly Affecting Natura 2000 Sites: Methodological guidance on the provisions of Article 6(3) and (4) of the Habitats Directive 92/43/EEC. Luxembourg: Office for Official Publications of the European Communities.

Franklin, Alan B., Noon, Barry R. & Luke George T., (2002). What is Habitat Fragmentation?, Studies in Avian Biology No. 25: 20-29.

Kruuk, H. (2006) Otters: Ecology, behaviour and conservation, Oxford University Press

NPWS (2019) The Status of EU Protected Habitats and Species in Ireland. Species Assessments Volume 3, Unpublished Report, National Parks and Wildlife Services. Department of Arts, Heritage and the Gaeltacht, Dublin, Ireland.

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Appendix 1 Stages of Appropriate Assessment

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Stage 1 - Screening

This is the first stage of the Appropriate Assessment process and that undertaken to determine the likelihood of significant impacts as a result of a proposed project or plan. It determines the need for a full Appropriate Assessment.

If it can be concluded that no significant impacts to Natura 2000 sites are likely then the assessment can stop here. If not, it must proceed to Stage 2 for further more detailed assessment.

Stage 2 - Natura Impact Statement (NIS)

The second stage of the Appropriate Assessment process assesses the impact of the proposal (either alone or in combination with other projects or plans) on the integrity of the Natura 2000 site with respect to the conservation objectives of the site and its ecological structure and function. This is a much more detailed assessment than Stage 1. A Natura Impact Statement containing a professional scientific examination of the proposal is required and includes any mitigation measure to avoid, reduce or offset negative impacts.

If the outcome of Stage 2 is negative i.e. adverse impacts to the sites cannot be scientifically ruled out, despite mitigation, the plan or project should proceed to Stage 3 or be abandoned.

Stage 3 - Assessment of alternative solutions A detailed assessment must be undertaken to determine whether alternative ways of achieving the objective of the project/plan exists.

Where no alternatives exist the project/plan must proceed to Stage 4.

Stage 4 - Assessment where no alternative solutions exist and where adverse impacts remain The final stage is the main derogation process examining whether there are imperative reasons of overriding public interest (IROPI) for allowing a plan or project to adversely affect a Natura 2000 site where no less damaging solution exists.

Appendix