Submission from the Office of the Planning Regulator (Submission No 426)
Issues / Recommendations / Observations
Chief Executive’s Resp onse & Recommendation
1.10.
Environment, Heritage & Amenities
1.10.1. Environmental Reports
The Environmental Report (SEA) concludes that no significant residual adverse impacts are identified. The SEA is considered to be comprehensive and generally consistent with the requirements of the section 28 Guidelines. The Natura Impact Report (NIR) concludes that having incorporated mitigation measures the draft Plan is not foreseen to give rise to any adverse effects on the integrity of the European sites, alone or in- combination with other plans or projects, in view of the conservation objectives of the habitats or species for which the subject sites have been designated. The AA process is ongoing and will inform and be concluded at adoption of the Plan.
The comments of the OPR are acknowledged and welcomed. The SEA Environmental Report and NIR will be carried out in accordance with EPA, EU and other relevant Guidance. Recommendation: No change.
1.10.2. Public Rights of Way
The draft Plan includes provisions and objectives relating to its commitment to preserve public rights of way in Cork City, and to encourage the formalising of new public rights of way to improve access to green and blue infrastructure assets in Cork City. However, the existing public rights of way are not mapped as required – the planning authority should have regard to Public Rights of Way and the Local Authority Development Plan (OPR, 2021). Recommendation 12 - Public Rights of Way Having regard to the provisions of section 10(2)(o) of the Act, the planning authority is required to include identify public rights of way both by marking them on at least one of the maps forming part of the Plan and by indicating their location on a list appended to the Plan.
The Draft Plan safeguards rights of way through paragraph 6.38 and Objective 6.16. ‘Walkways and Cycleways’ are also identified in ‘Volume 2 Mapped Objectives’. The Draft Plan commits to, d uring the lifetime of the Plan, encouraging opportunities to formalise new public rights of way to improve access to green and blue infrastructure assets in Cork City. It also notes – importantly – that the omission of a public right of way from the Development Plan and its associated mapping shall not be construed as an indication that such a public right of way does not exist. The retention of existing public rights of way is a material planning consideration in assessing any proposals for development. However, there is a statutory requirement to list Rights of Way which give access to seashore, mountain, lakeshore, riverbank or other place of natural
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