Donohill Landfill, Garryshane, Donohill, Co. Tipperary Civic
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Donohill Landfill, Garryshane, Donohill, Co. Tipperary Civic Amenity Upgrade Works Appropriate Assessment Stage 1 – Screening September 2016 Revision B TOBIN CONSULTING ENGINEERS Appropriate Assessment-Stage 1: Screening PROJECT: Civic Amenity Upgrade Works CLIENT: Tipperary County Council County Hall Emmet St Clonmel Co. Tipperary COMPANY: TOBIN Consulting Engineers Fairgreen House Fairgreen Road Galway Tel: 091-565211 email: [email protected] www.tobin.ie Donohill Landfill Site Waste Licence W0074-03 AA Screening Civic Amenities Upgrade Works DOCUMENT AMENDMENT RECORD Client: Tipperary County Council Project: Civic Amenity Upgrade Works Title: Appropriate Assessment-Stage 1: Screening PROJECT NUMBER: 7604 DOCUMENT REF: 7604-Appropriate Assessment Stage 1 Screening Report B Re-issue based on AA Sept KL Sept C.McG Sept Comments 2016 2016 2016 A Issue to Tipperary Co. Co. KL April AD April C.McG April 2016 2016 2016 Revision Description & Rationale Originated Date Checked Date Authorised Date TOBIN Consulting Engineers Donohill Landfill Site Waste Licence W0074-03 AA Screening Civic Amenities Upgrade Works TABLE OF CONTENTS 1 INTRODUCTION ........................................................................................................ 1 1.1 BACKGROUND ..................................................................................................................... 1 1.2 LEGISLATIVE CONTEXT ...................................................................................................... 1 1.3 METHODOLOGY ................................................................................................................... 2 2 SCREENING .............................................................................................................. 3 2.1 DESCRIPTION OF THE PROJECT ....................................................................................... 3 2.2 NATURA 2000 SITES AND CHARACTERISTICS OF SITES ................................................ 4 2.3 ASSESSMENT OF LIKELY IMPACTS ON NATURA SITES .................................................. 5 2.3.1 Potential Impact on Habitats ........................................................................................ 5 2.3.2 Potential Impact on Water Quality within the SAC ....................................................... 5 2.3.3 Potential Impact on Species ........................................................................................ 5 2.3.4 Other Potential Impacts ............................................................................................... 5 2.4 SCREENING CONCLUSIONS ............................................................................................... 6 APPENDICES Appendix A Screening Matrix of Potential Environmental Impact Appendix B Site Synopsis i Donohill Landfill Site Waste Licence W0074-03 AA Screening Civic Amenity Upgrade Works 1 INTRODUCTION 1.1 BACKGROUND Tipperary County Council has now closed its landfill for non hazardous waste at Donohill and the Council have commenced restoration and aftercare of the site. Part of the restoration works will involve improvements in drainage, health and safety and security to the existing Civic Amenity facility. It is proposed to construct a new building at the site which will improve site security and divert clean surface water to the existing Surface Water Lagoon. This Stage 1 Screening Report was prepared by TOBIN Consulting Engineers in order to determine the potential for any negative impacts on Natura 2000 sites from the proposed Civic Amenity Upgrade Works. This report contains a record of the Stage 1 Screening that was carried out. 1.2 LEGISLATIVE CONTEXT Council Directive 92/43/EEC on the Conservation of Natural Habitats and of Wild Fauna and Flora - “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 Natura 2000. 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/ECC). Article 6, paragraphs 3 and 4 of the Habitats Directive state that: 6(3) Any plan or project not directly connected with or necessary to the management of the site but likely to have a significant effect thereon, either individually or in combination with other plans or projects, shall be subject to appropriate assessment of its implications for the site in view of the site's conservation objectives. In the 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. This requirement is now implemented in the Republic of Ireland by Part XAB of the Planning and Development Acts, 2000 to 2011 (the “Planning Acts”) and by the European Union (Environmental Impact Assessment and Habitats) Regulations 2011 (SI Nos. 477 and 584 of 2011). Sections 177U and 177V of the Planning Acts give effect to the requirement for screening, appropriate assessment and preclude consent unless the requirements of the Habitats Directive are met. Where appropriate assessment is required for certain proposed development by a local authority, a specific approval from An Bord Pleanála is now required under section 177AE of the Planning Acts. If, in spite of a negative assessment of the implications for the [Natura 2000] 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. Where the site concerned hosts a priority natural habitat type and/or a priority species the only considerations which may be raised are those relating to human health or public safety, to beneficial consequences of primary importance for the environment or, further to an opinion from the Commission, to other imperative reasons of overriding public interest. 1 Donohill Landfill Site Waste Licence W0074-03 AA Screening Civic Amenity Upgrade Works 1.3 METHODOLOGY This report has been prepared using the following guidance: Appropriate Assessment of Plans and Projects in Ireland (2009) – Guidance for Planning Authorities. Managing Natura 2000 Sites: the provisions of Article 6 of the ‘Habitats’ Directive 92/43/EEC, Office for Official Publications of the European Communities, Luxembourg (EC 2000); 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, Office for Official Publications of the European Communities, Luxembourg (EC 2001); The Habitats Regulations: A guide for competent authorities, Environment and Heritage Service, Belfast (EHS 2002); Guidance for Competent Authorities when dealing with proposals affecting SAC freshwater sites, Scottish Natural Heritage, Perth (SNH 2006); and Guidance document on Article 6(4) of the 'Habitats Directive' 92/43/EEC – Clarification of the concepts of: alternative solutions, imperative reasons of overriding public interest, compensatory measures, overall coherence, opinion of the commission. Office for Official Publications of the European Communities, Luxembourg (EC 2007). Based on these documents, the assessment procedure as detailed in the guidelines consists of four stages described as follows. Stage One: Screening / Test of Significance - the process which identifies the likely impacts upon a Natura 2000 site of a project or plan, either alone or in combination with other projects or plans, and considers whether these impacts are likely to be significant; Screening Involves: Step 1 – Description of plan or project, and local site or plan area characteristics Step 2 – Identification of relevant Natura 2000 sites, and compilation of information on their qualifying interests and conservation objectives Step 3 – Assessment of likely effects – direct, indirect and cumulative – undertaken on the basis of available information as a desk study or field survey or primary research as necessary Step 4 – Screening statement with conclusions. This Report includes a Stage One Screening only. The stages which follow this screening process may include: Stage Two: Appropriate Assessment - the consideration of the impact of the project or plan on the integrity of the Natura 2000 site, either alone or in combination with other projects or plans, with respect to the site’s structure and function and its conservation objectives. Additionally, where there are adverse impacts, an assessment of the potential mitigation of those impacts; Stage Three: Assessment of Alternative Solutions – the process which examines alternative ways of achieving the objectives of the project or plan that avoid adverse impacts on the integrity of the Natura 2000 site; and Stage Four: Assessment Where Adverse Impacts Remain - an assessment of compensatory measures where, in the light of an assessment of Imperative