Natura Impact Assessment Screening Statement Foreshore Lease Application Land adjoining 81a and 81b Sir John Rogerson’s Quay Dublin 2 Ravensburg Ltd. Natura Impact Assessment Screening Statement 1.0 Introduction Hughes Planning and Development Consultants, The Mash House, Distillery Road, Dublin 3 have prepared this Natura Impact Assessment Screening Statement on behalf of the applicant, Ravensburg Ltd., to accompany a an application for a foreshore lease to facilitate the provision of a public boardwalk over the River Liffey on land on the north side of buildings at 81a and 81b Sir Rogerson’s Quay, Dublin 2, being the former BJ Marine buildings on the camp shires of the south quay. This report provides information on and assesses the potential for the proposed development to impact on Natura 2000 sites in the vicinity. Note that grants of planning permission under Reg. Ref. 2173/15 and 3634/13 related to use and development at 81a and 81b, respectively, with both permissions making provision for a boardwalk extending by 1.45m over the existing quay wall on the River Liffey. The proposed development has regard to Article 6 of Council Directive 92/43/EEC dated 21st May 1992 otherwise known as the Habitats Directive. This forms part of Irish legislation by virtue of the European Communities (Birds and Natural Habitats Directive) Regulations 2011 and the Planning and Development (Amendment) Act 2010. In Ireland, the Natura 2000 network of European sites comprises Special Areas of Conservation (SACs, including candidate SACs), and Special Protection Areas (SPAs, including proposed SPAs). SACs are selected for the conservation of Annex I habitats (including priority types which are in danger of disappearance) and Annex II species (other than birds). SPAs are selected for the conservation of Annex I birds and other regularly occurring migratory birds and their habitats. The annexed habitats and species for which each site is selected correspond to the qualifying interests of the sites; from these the conservation objectives of the site are derived. Article 6(3) of the Habitats Directive reads: ‘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 Irish context Appropriate Assessment has been interpreted as a four stage process. Firstly, a screening exercise (Stage 1) determines if a project could have significant effects on a Natura site. The project should be screened without the inclusion of special mitigation measures unless potential impacts can clearly be avoided through design (or re-design). If impacts are identified or the situation is unclear a Natura Impact Statement (Stage 2) is provided to the planning or regulatory authority which then conducts an Assessment of the information supplied. Examples of significant effects are loss of habitat area, fragmentation of the habitat, disturbance to species using the site and changes in water resources or quality. If such negative effects come to light in the assessment, alternative solutions are investigated by the proponent (Stage 3) and modifications made unless the project is deemed to be driven by ‘imperative reasons of overriding public interest’ in its current form. Stage 4 then deals with compensatory action. A Natura Impact Statement is required if likely significant effects on Natura 2000 site arising from a plan or project cannot be ruled out at the screening stage, either alone or in combination with other plans or projects. The information in this report forms part of and should be read in conjunction with the planning application documentation submitted to Dublin City Council to date, in particular the drainage proposals prepared by Casey O’Rourke Associates, Structural & Civil consulting Engineers which will ensure that all foul and surface water generated by the development is treated to Dublin City Council, Irish Water and Environmental Protection Agency standards prior to disposal. 2.0 Methodology This Natura Impact Assessment Screening Statement has been prepared by Jim Egan, Chartered Town Planner, MIPI, MRTPI, B.Sc. (Surv), MRUP, Prof. Dip. EIA & SEA Mngt., (Hughes Planning and Development Consultants), with supporting data based on plans and particulars prepared by Lawrence and Long Architects and Casey O’Rourke Consulting Engineers. __________________________________________________________________________________________ 81a and 81b Sir John Rogerson’s Quay, Dublin 2 2 Natura Impact Assessment Screening Statement The requirements for a Habitats Directive Assessment (HDA) are set out in the E.U. Habitats Directive 92/43/EEC. Appropriate assessment is an assessment carried out under Article 6(3) of the Habitats Directive. This screening statement has been prepared having regard to the following guidance documents where relevant: Appropriate Assessment of Plans and Projects in Ireland – Guidance for Planning Authorities (Department of Environment, Heritage and Local Government 2010); Appropriate Assessment under Article 6 of the Habitats Directive: Guidance for Planning Authorities (Circular NPW 1/10 & PSSP 2/10); 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 (European Commission Environment Directorate-General, 2001); hereafter referred to as the EC Article 6 Guidance Document. The guidance within this document provides a non-mandatory methodology for carrying out assessments required under Article 6(3) and (4) of the Habitats Directive; Managing Natura 2000 Sites: The Provisions of Article 6 of the Habitat’s Directive 92/43/EEC (EC Environment Directorate-General, 2000); hereafter referred to as MN2000; 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 European Commission (European Commission, January 2007); Guidelines for Good Practice Appropriate Assessment of Plans under Article 6(3) Habitats Directive. Findings of an international workshop on Appropriate Assessment in Oxford, December 2009. http://www.levett-therivel.co.uk/AAguidelines.htm Communication from the Commission on the precautionary principle. European Commission (2000). This Natura Impact Assessment Screening Statement is based on a desktop study to establish the zone of influence of the project and the locations of any Annex I habitats/Annex II species and/or qualifying interests/special conservation interests of nearby European sites. Sources of information relied upon are listed below: Ordnance Survey of Ireland mapping and aerial photography available from www.osi.ie; Online data available on European sites as held by the National Parks and Wildlife Service (NPWS) from www.npws.ie; Information on water quality in the area available from www.epa.ie; Information on the Eastern River Basin District from www.wfdireland.ie; Information on the status of EU protected habitats in Ireland (National Parks & Wildlife Service, 2013) – please refer to the site characterisation and qualifying criteria extracts later in this document. 3.0 Natura Impact Assessment Screening The AA guidance documents set out a staged process for carrying out a Natura Impact Assessment, the first stage of which is referred to as ‘screening’. This identifies likely impacts (if any) on Natura 2000 sites, which would arise from the development either alone or in combination with other plans and projects, and further considers whether these impacts are likely to adversely affect the integrity of any Natura 2000 sites. If the conclusions at the end of the screening exercise are that significant impacts on any European sites, as a result of the proposed development, either alone or in combination with other plans and projects, are likely, uncertain or unknown, then there is a requirement to proceed to subsequent stages of Appropriate Assessment. The findings of the NIS must be clearly documented in order to provide transparency of decision-making, and to ensure the application of the ‘precautionary principle’. If however the conclusions at the end of the screening exercise are that significant impacts on any European sites, as a result of the proposed development, either alone or in combination with other plans and projects, can be ruled out, the need for Natura Impact Assessment does not arise. 4.0 Receiving Environment and Proposed Development __________________________________________________________________________________________ 81a and 81b Sir John Rogerson’s Quay, Dublin 2 3 Natura Impact Assessment Screening Statement 4.1 Site Description This foreshore lease application relates to the space above the high water mark of the river immediately adjacent to the buildings at 81a and 81b Sir John Rogerson’s Quay. These buildings, known locally as the former BJ Marine premises, are located in the area known as the campshires on the south quay of the River Liffey. Please refer to the enclosed lease area map, prepared by Lawrence and Long Architects, and also the aerials in Figures 1.0, 2.0 and 3.0 below which show the location of the proposed boardwalks (outlined in red) adjacent to the two buildings. Figure 1.0 Aerial