CLIENT:
Cork City Council
PROJECT NAME:
Strategic Environmental Assessment Screening Report
2.3 Legislative Context The screening stage of SEA is primarily addressed through Article 2 and Article 3 of the SEA Directive and Annex II which sets out the considerations in relation to determining significant environmental effects. Article 2(a) of the SEA Directive establishes two cumulative conditions which P/P must satisfy in order for the further elements of the SEA Directive to be applicable to them: • They must have been prepared and/or adopted by an authority at national, regional or local level or prepared by an authority for adoption, through a legislative procedure, by a parliament or government; and • They must be required by legislative, regulatory or administrative provisions. If these conditions are not satisfied, the measure is not regarded as a P/P which comes within the scope of the SEA Directive. Once a P/P has been determined to be within the scope of the SEA Directive, Article 3 sets out the criteria for determining which P/P require environmental assessment. Again, several conditions must be met. A P/P must (a) belong to the list of sectors and (b) set the framework for future development consent of projects listed in Annexes I and II to the EIA Directive, or (c) require an Appropriate Assessment under the EU Habitats Directive (92/43/EEC). Annex II of the SEA Directive presents the criteria for determining the likely significant effects referred to in Article 3(5) of the Directive. The significance of effects is determined with reference to the type and nature of the P/P, its position in the planning hierarchy and its influence on other P/P. It also has regard to the nature of the effects and the sensitivity of the receiving environment as well as the magnitude and spatial extent of the • European Communities (Environmental Assessment of Certain Plans and Programmes) Regulations (S.I. 435/2004) • Planning and Development (Strategic Environmental Assessment) Regulations (S.I. 436/2004). Both pieces of legislation were amended in 2011 through the following amendment regulations: o European Communities (Environmental Assessment of Certain Plans and Programmes) Amendment Regulations (S.I. 200/2011) o Planning and Development (Strategic Environmental Assessment) Amendment Regulations (S.I. 01/2011). The criteria defined in Annex II of the SEA Directive has been transposed into national legislation via Schedule 1 of S.I. 435/2004. This SEA Screening, which considers the modifications to the CCC Draft Strategy, has been carried out in accordance with the above legislation. effects. Cumulative and transboundary issues must also be considered. The SEA Directive is transposed into Irish legislation by the following:
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P23-206
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