Title of Report: Officer Presenting: Principal Planning Officer Item 7 – Consultation on County Development Plan Variation re. Ten-T Roads Improvements

1 Purpose of Report / Recommendations

1.1 The purpose of this Paper is to advise Members of a formal consultation that has been received from Donegal County Council regarding the Proposed Variation No 1 to the Development Plan 2018-2024. The proposed Variation is accompanied by an Environmental Report, Natura Impact Report and a Strategic Flood Risk Assessment Report.

1.2 Consideration and any comments on these documents was sought before the close of consultation on 9th April 2021, by way of a submission from the Council to DfI (NI) as the statutory Transboundary Consultation Body.

2 Background

2.1 On 30th April 2020, RPS consultants wrote to this Council, on behalf of Donegal County Council, stating that they had been commissioned to prepare environmental studies in regards to a proposed Ten-T Roads Priority Roads Improvement Project, Donegal (Trans European Transport Network: PRIPD) in the county. This project relates to 3 road sections, namely:

 the N15 to by-pass -

 the N13 near , to improve its access towards , Strabane and to Sligo

 the N14 from near Letterkenny to , towards a future bridge to Strabane and the A5 Link.

2.2 The project was at early-EIA stage and they requested our observations on the preferred options and the project as a whole. A letter was issued by our Planning officers on 17th June 2020 (see attached Appendix 8), setting out comments about the important strategic role of the North West Region and the importance of new / improved infrastructure for our progress, as well as positive comments on the 3 proposed road projects and environmental matters that might be considered in the future reports.

2.3 On 21st July, Donegal County Council wrote to this Council with a consultation regarding the Strategic Environmental Assessment (SEA) Screening Report, the Appropriate Assessment (AA) Screening Report and on the Proposed Variation to the County Donegal Development Plan. Given the timing of the consultation in relation to the summer recess of the Council, as well as the technical nature of the Environmental reports, our officers proceeded to issue a response on the 10th August 2020.

2.4 On 13th October, this Council (as an Adjoining Planning Authority) received a further, similar, consultation letter seeking observations or comments to be submitted, stating that Donegal Council had ‘subsequently found it necessary to prepare a new Proposed Variation’ and also completed new SEA and AA Screening Reports. The matter was therefore the subject of a Paper to the meeting of the Planning Committee on the 4th of November 2020, and the comments were duly issued thereafter.

2.5 This further consultation was received via letters on 19th February and 8th March 2021 from Donegal County Council. It relates to the formal consultation on the Proposed Variation No 1 to the County Donegal Development Plan 2018-2024. The proposed Variation is accompanied by an Environmental Report, Natura Impact Report and a Strategic Flood Risk Assessment Report.

2.6 The formal consultation period runs from 19th February, to an extended deadline of 9th April 2021. Any comments on these documents were sought, by way of a submission from the Council to Department for Infrastructure (DfI) (NI) as the statutory Transboundary Consultation Body. The Consultation letter is attached at Appendix 9 and the Consultation documents can be viewed at the following link: https://www.donegalcoco.ie/services/planning/planningpolicy/tentcdpvariation/

3 Key Issues

3.1 As stated above, Donegal County Council has prepared a formal Proposed Variation to the County Donegal Development Plan 2018-2024 and therefore they have also done an Environmental Report, Natura Impact Report and a Strategic Flood Risk Assessment Report.

The Roads Proposals

3.2 The TEN-T PRIPD is a proposed major strategic roads project and consists of and prioritises three Sections of the TEN-T road network for improvement namely:

Section 1: N15/N13 Ballybofey/Stranorlar Urban Region.

Section 2: N56/N13 Letterkenny to Manorcunningham.

Section 3: N14 Manorcunningham to Lifford/Strabane/A5 Link.

3.3 The Council is progressing the TEN-T PRIPD in accordance with Transport Infrastructure Ireland Guidelines. Phase 1 (Scheme Feasibility) and Phase 2 (Option Selection) have been completed, inclusive of the identification of a preferred route corridor for each section.

The Variation Document

3.4 The Proposed Variation provides the necessary spatial and policy Planning framework to facilitate the project through the statutory approval process. The Variation document itself sets out the proposed amended maps and text for the changes from the existing County Development Plan. Specifically, it:

 Identifies and protects the new preferred route corridors by inserting new maps and amending policies and objectives and also removes the corresponding historic route corridors.  Provides Strategic Support for the TEN-T PRIPD by inserting new, and amending existing, text, policies and objectives, especially in Chapter 5: Infrastructure.  Makes the Plan compatible with the project by amending existing, and inserting new, policies, objectives and zoning objectives e.g. objectives and policies related to zonings for housing, employment, open space, amenity, former railway corridors, built heritage and archaeological heritage, to ensure compatibility between the Plan and the project.

The Environmental Report

3.5 The Council had carried out a Strategic Environmental Assessment (SEA) Screening in respect of the Proposed Variation and determined that an Environmental Report was required. Consequently, the (265-page) Environmental Report has been prepared in accordance with the statutory requirements and relevant SEA guidance. The report identifies, describes and evaluates the likely significant effects on the Environment of implementing the Proposed Variation. The preparation of the report involved scoping consultation with Environmental Authorities and adjoining Planning authorities (including DC&SDC, as referred to in Section 2 above). The report, inter alia, describes the current state of the environment, identifies relevant Environmental Protection Objectives, assesses the impact of each element of the proposed variation on wide range of environmental criteria, describes how such impacts will be mitigated, evaluates the alternatives to the proposed variation and details environmental monitoring measures. The previous comments from DC&SDC have been reported and considered on page 7 of this Report, as well as the listing of key sites and Landscape Character Areas in the District and NW Region considerations on page 15.

The Natura Impact Report

3.6 The Council had also carried out an Appropriate Assessment (AA) Screening in respect of the Proposed Variation and determined that a Natura Impact Report was required. The 123-page Report has been prepared in accordance with the Planning and Development Act 2000 (as amended) and relevant European and National AA Guidance. The report identifies and classifies the implications of the Proposed Variation on relevant European Sites (e.g. Natura 2000 Sites such as Special Areas of Conservation and Special Protection Areas) in view of the conversation objectives of the sites. The preparation of the report involved consultation with statutory environmental authorities and adjoining Planning authorities (including DC&SDC, as referred to in Section 2 above). The report includes an assessment of the potential impact of the Proposed Variation on specific Natura 2000 sites (both individually and in combination with other plans and projects) and outlines possible measures to mitigate any potential impacts. The report concludes beyond reasonable scientific doubt that Proposed Variation will not adversely affect the integrity of any Natura 2000 site having regard to the mitigation measures outlined in the report. The DC&SD appears to have been considered in this Report, including the LDP summary at p 23 and the listing of key sites in the District.

The Strategic Flood Risk Assessment Report

3.7 The Strategic Flood Risk Assessment Report has been prepared in accordance with the relevant guidelines. It includes: a detailed analysis of the flood risks related to the Preferred Route Corridors (e.g. fluvial, pluvial and coastal), an assessment of the variation vis-à-vis the sequential approach outlined in said guidelines including the application of the justification test and the identification of potential measures to manage residual flood risk. The report concludes that it is appropriate to designate the associated Preferred Route Corridors for development as detailed in the variation. In particular, the Report considers the impacts / potential for flooding of the Finn, Mourne and Foyle (p5) and maps such as that at page 24.

3.8 This Council’s Planning officers have reviewed the consultation documents and are broadly in agreement and accept the findings of the respective documents. Further consideration of potential impacts on this District will be required at the detailed design stages of this project. Therefore, the comments and observations are set out in the proposed response letter at Appendix 10, broadly similar to those given in the previous consultations.

4 Financial, Equality, Legal, HR, Improvement, Rural Needs and other Implications

4.1 There are not considered to be any financial, equality, HR, Improvement, Rural Needs or other implications arising out of this paper.

5 Recommendations

5.1 Members are requested to note the contents of this Paper and agree for officers to issue the attached letter to the Department for Infrastructure (NI) for their consideration and onward submission to Donegal County Council, before close of consultation on 9th April 2021.

Background Papers

Appendix 8: Letter to RPS Consultants – 17 June 2020

Appendix 9: Copy of consultation Letter sent to this Council

Appendix 10: Draft Response Letter to issue to Donegal County Council regarding the Proposed Variation to the Donegal County Development Plan, and associated documents, regarding the Ten-T Road Improvements project.