4. The scale, nature and extent of LECP proposals which will not give rise to any land use activities that could result in impacts to European Sites not already addressed as part of the Cork City Development Plan 2022-2028, and Appropriate Assessment. In light of the findings of this report it is the considered view of the authors of this Screening Report for Appropriate Assessment that it can be concluded by Cork City Council that the Cork City LECP is not likely, alone or in-combination with other plans or projects, to have a significant effect on any European Sites in view of their Conservation Objectives."
4.2 Strategic Environmental Assessment Screening Determination
The Plan is being screened under the requirement for SEA in accordance with the following legislation:
• Directive 2001/42/EC (SEA Directive) and particularly Articles 3(3), 3(4) & 3(5) relate to ‘Screening’ for the requirement for SEA. • S.I. No. 435 of 2004 European Communities (Environmental Assessment of Certain Plans and Programmes) Regulations 2004, as amended by S.I. No. 200 of 2011- European Communities (Environmental Assessment of Certain Plans and Programmes) (Amendment) Regulations 2011. • Schedule 2A of the Planning and Development Regulations 2001, as amended, which sets out the “Criteria for determining whether a plan or programme is likely to have significant effects on the environment” Section 9 (1) of the (2004) Regulations (S.I. No. 435) (as amended) states “ subject to sub-article (2), an environmental assessment shall be carried out for all plans and programmes (a) which are prepared for agriculture, forestry, fisheries , energy, industry, transport, waste management, water management, telecommunications, tourism and town and country planning or land use, and which set the framework for future development consent of projects listed in Annexes I and II to the Environmental Impact Assessment Directive, or ” (b) which are not directly connected with or necessary to the management of a European site but, either individually or in combination with other plans, are likely to have a significant effect on any such site .” The Plan (Cork City Council LECP 2024-2029) does not provide consent, establish a framework for granting consent or contribute towards a framework for granting consent. Thus, the Plan will not set the framework for future development consent of projects and is required to be consistent with Cork City Development Plan 2022-2028 or any higher-level plans and not present alternate or competing proposals that would lead to inconsistency. Any projects that may arise in the future associated with the Plan will be subject to the requirements of the relevant national planning procedures and be consistent with existing frameworks, as appropriate, all of which have been subject to SEA and developed in accordance with the principles of sustainability. In order to be realised, potential projects or proposals arising from the Plan will have to comply, as relevant, with various legislation, policies, plans and programmes (including requirements for lower-tier Appropriate Assessment, Environmental Impact Assessment and other licencing requirements as appropriate) that form the statutory decision-making and consent granting framework. In accordance with Article 9(5) of S.I. No. 435 of 2004, as amended by S.I. No. 200 of 2011, Cork City Council provided notice to the specified environmental authorities that implementation of the Cork City LECP 2024-2029 would not be likely to have significant effects on the environment and will seek
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