Volume 3 Specific Built Heritage Objectives - Draft Cork City Development Plan 2022-2028
26 July 2021
Draft Plan Stage
Cork City Natura Impact Report in support of the Appropriate Assessment
CORKCITY J DEVELOPMENT PLAN 2022-2021
C Weare Cork.
Comhairle Cathrach Chorcai Cork City Council
N ATURA I MPACT R EPORT
IN SUPPORT OF THE A PPROPRIATE A SSESSMENT
FOR THE
D RAFT C ORK C ITY D EVELOPMENT P LAN 2022-2028
Cork City Council City Hall Anglesea Street Cork
for:
by:
CAAS Ltd. 1 st Floor 24-26 Ormond Quay Upper Dublin 7
J ULY 2021
Appropriate Assessment of the Draft Cork City Development Plan 2022-2028
Table of Contents
Introduction...................................................................................................... 3 1.1 Background .......................................................................................................................3 1.2 Legislative Context .............................................................................................................3 1.3 Approach...........................................................................................................................3
Section 1
Description of the Draft Plan ............................................................................ 5 Screening for Appropriate Assessment............................................................. 6
Section 2 Section 3
3.1 Introduction to Screening ...................................................................................................6 3.2 Identification of Relevant European Sites .............................................................................6 3.3 Assessment Criteria and Screening ......................................................................................8 3.4 Other Plans and Programmes ............................................................................................10 3.5 AA Screening Conclusion...................................................................................................10 Stage 2 Appropriate Assessment .................................................................... 12 4.1 Introduction.....................................................................................................................12 4.2 Characterisation of European Sites Potentially Affected........................................................12 4.3 Identifying and Characterising Potential Significant Effects...................................................12
Section 4
Mitigation Measures........................................................................................ 18 Conclusion....................................................................................................... 23
Section 5 Section 6
Appendix I Background information on European Sites Appendix II Relationship with Other Plans and Programmes
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Appropriate Assessment of the Draft Cork City Development Plan 2022-2028
List of Tables Table 3.1 Screening of European Sites ..........................................................................................9 Table 4.1 Characterisation of Potential Effects arising from the Plan ..............................................17 Table 5.1 Mitigation Measures that will contribute towards the protection of European Sites............18
List of Figures Figure 3.1 European Sites within 15 km buffer zone of and hydrologically linked to Cork City.............7 Figure 3.2 Screening for Appropriate Assessment Determination ...................................................11
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Appropriate Assessment of the Draft Cork City Development Plan 2022-2028
Introduction
Section 1
1.1 Background This Natura Impact Report (NIR) has been prepared in support of the Appropriate Assessment (AA) of the Draft Cork City Development Plan 2022-2028 in accordance with the requirements of Article 6(3) of Council Directive 92/43/EEC on the Conservation of Natural Habitats and of Wild Fauna and Flora (as amended) (hereafter referred to as the “Habitats Directive”). This report is part of the ongoing AA process that is being undertaken alongside the preparation of the Plan. It will be considered, alongside other documentation prepared as part of this process, when Cork City Council finalises the AA at adoption of the Plan. 1.2 Legislative Context The Habitats Directive provides legal protection for habitats and species of European importance. The overall aim of the Habitats Directive is to maintain or restore the “favourable conservation status” of habitats and species of European Community Interest. These habitats and species are listed in the Habitats and Birds Directives (Council Directive 2009/147/EC on the conservation of wild birds) with Special Areas of Conservation (SACs) and Special Protection Areas (SPAs) designated to afford protection to the most vulnerable of them. These two designations are collectively known as European Sites (also known as Natura 2000 sites). AA is required by the Habitats Directive, as transposed into Irish legislation by the European Communities (Birds and Natural Habitats) Regulations 2011 (as amended) and the Planning and Development Act 2000 (as amended). AA is an assessment of the potential for adverse or negative effects of a plan or project, in combination with other plans or projects, on the conservation objectives of a European Site. These sites consist of SACs and SPAs and provide for the protection and long-term survival of Europe’s most valuable and threatened species and habitats. 1.3 Approach The AA is based on best scientific knowledge and has utilised ecological and hydrological expertise. In addition, a detailed online review of published scientific literature and grey literature 1 was conducted. This included a detailed review of the National Parks and Wildlife (NPWS) website including mapping and available reports for relevant sites and in particular sensitive qualifying interests/special conservation interests described and their conservation objectives (including spatial data collected for the most recent Article 17 conservation status reporting cycle, 2019). In addition to being informed by these reports, the Natura Impact Report was also informed by the Council’s new Draft City Development Plan 2022-2028, other existing land use plans and associated SEA and AA documentation. All of these data sources are likely to be useful for AAs that must be undertaken for lower-tier plans/projects under the Plan. The ecological desktop study completed for the AA of the Plan comprised the following elements: Identification of European Sites within 15 km of the Plan boundary with identification of potential pathway links for specific sites (if relevant) greater than 15 km from the Plan boundary; Review of the NPWS site synopsis and conservation objectives for European Sites with identification of potential pathways from the Plan area; and Examination of available information on protected species.
1 Various documents where publishing, in journals for example, is not the primary activity of the producing body. Examples include: conference presentations; regulatory data; unpublished trial data; government publications; and dissertations/theses.
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Appropriate Assessment of the Draft Cork City Development Plan 2022-2028
There are four main stages in the AA process as follow: Stage One: Screening The process that identifies the likely impacts upon a European 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. Stage Two: Appropriate Assessment The consideration of the impact on the integrity of the European Site of the project or plan, 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. If adequate mitigation is proposed to ensure no significant adverse impacts on the integrity of European Sites, then the process may end at this stage. However, if the likelihood of significant impacts remains, then the process must proceed to Stage Three. Stage Three: Assessment of Alternative Solutions The process that examines alternative ways of achieving the objectives of the project or plan that avoids adverse impacts on the integrity of the European Site. Stage Four: Assessment where no alternative solutions exist and where adverse impacts remain An assessment of compensatory measures where, in the light of an assessment of imperative reasons of overriding public interest (IROPI), it is deemed that the project or plan should proceed. The Habitats Directive promotes a hierarchy of avoidance, mitigation and compensatory measures. This approach aims to avoid any potential significant adverse effects to the integrity of European Sites by identifying possible sources for effect early in the plan-making process and avoiding such effects. Second, the approach involves the application of mitigation measures, if necessary, during the AA process to the point where no adverse effects on the site(s) remain. If potential effects on European Sites remain, the approach requires the consideration of alternative solutions. If no alternative solutions are identified and the plan/project is required for imperative reasons of overriding public interest, then compensation measures are required for any remaining adverse effect(s). The assessment of potential effects on European Sites is conducted following a standard source- pathway-receptor 2 model, where, in order for an effect to be established all three elements of this mechanism must be in place. The absence or removal of one of the elements of the model is sufficient to conclude that a potential effect is not of any relevance or significance. In the interest of this report, receptors are the ecological features that are known to be utilised by the qualifying interests or special conservation interests of a European Site. A source is any identifiable element of the Plan provision that is known to interact with ecological processes. The pathways are any connections or links between the source and the receptor. This report provides information on whether direct, indirect and cumulative adverse effects could arise from the Plan. The AA exercise has been prepared taking into account legislation including the aforementioned legislation and guidance including the following: Appropriate Assessment of Plans and Projects in Ireland. Guidance for Planning Authorities, Department of the Environment, Heritage and Local Government, 2009; "Commission Notice: Managing Natura 2000 sites - The provisions of Article 6 of the 'Habitats' Directive 92/43/EEC", European Commission 2018; “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 DG, 2002; and “Managing Natura 2000 sites: The Provisions of Article 6 of the Habitats Directive 92/43/EEC”, European Commission, 2000.
2 Source(s) – e.g. pollutant run-off from proposed works; Pathway(s) – e.g. groundwater connecting to nearby qualifying wetland habitats; and Receptor(s) – qualifying aquatic habitats and species of European Sites.
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Appropriate Assessment of the Draft Cork City Development Plan 2022-2028
Description of the Draft Plan The Draft Cork City Development Plan is a land use plan and overall strategy for the proper planning and sustainable development of the functional area of Cork City over the six-year period 2022-2028. The Plan sets out the Council’s proposed policies and objectives for the development of the City over the Plan period. The Plan comprises a series of separate, but closely linked and interrelated elements. The Plan comprises two volumes: Section 2
Volume 1 – Written Statement Volume 2 – Mapped Objectives Volume 3 – Built Heritage Objectives
The structure of the Written Statement is as follows:
Chapter 1 – Introduction Chapter 2 – Core Strategy
Chapter 3 – Delivering Homes and Communities Chapter 4 – Transport and Mobility Chapter 5 – Climate and Environment
Chapter 6 – Green and Blue Infrastructure, Open Space and Biodiversity Chapter 7 – Economy and Employment Chapter 8 – Heritage, Arts and Culture Chapter 9 – Environmental Infrastructure and Management Chapter 10 – Key Growth Areas and Neighbourhood Development Sites Chapter 11 – Placemaking and Managing Development Chapter 12 – Land Use Zonings Chapter 13 – Implementation Appendix 1 – Compliance with Ministerial Guidelines Appendix 2 – Strategic Environmental Assessment Appendix 3 – Appropriate Assessment Appendix 4 – Strategic Flood Risk Assessment
The Strategic Vision for Cork City included in the Plan is for Cork City to take its place as a world class city, driving local and regional growth, embracing diversity and inclusiveness and growing as a resilient, healthy, age-friendly and sustainable compact city with placemaking, communities and quality of life at its heart. This Strategic Vision is based on the following Key Strategic Principles: Compact growth: Integrate land-use and transport planning to achieve a compact city with 50% of all new homes delivered within the existing built-up footprint of the City on regenerated brownfield, infill and greenfield sites identified in the Core Strategy, and to achieve higher population densities aligned with strategic infrastructure delivery. A city of neighbourhoods and communities: Develop a sustainable, liveable city of neighbourhoods and communities based on the 15-minute city concept, ensuring that placemaking is at the heart of all development. Sustainable and active travel: To implement the Cork Metropolitan Area Transport Study (CMATS) and develop a transformed sustainable transport system with a significant shift toward walking, cycling and public transport and to enshrine this principle in all developments across the City. Enhanced built and natural heritage: Protect, enhance, support and develop our built and natural heritage, our open spaces and parks, and our green and blue infrastructure, and expand our built heritage with new buildings, townscapes and public spaces achieved through the highest standards of architecture and urban design. A strong and diverse economy: Support Cork City’s role as the economic driver for the region and the creation of a strong, resilient, diverse and innovative economy. A resilient City: Contribute to a framework for the transition to a low-carbon and climate-resilient City, resilient to extreme weather events, pandemics, economic cycles and other potential shocks. A healthy, inclusive and diverse city: Build on Cork City’s status as a World Health Organisation designated Healthy City, offering an inclusive and vibrant environment for all whilst promoting healthy living and wellbeing. A connected city: Cork City will continue to be a highly connected city providing local, regional, national and international connectivity. A city of learning and culture: To build on Cork’s designation as a UNESCO Learning City and the city’s rich cultural heritage and to foster learning, culture, heritage and the arts throughout the City.
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Appropriate Assessment of the Draft Cork City Development Plan 2022-2028
Screening for Appropriate Assessment
Section 3
3.1 Introduction to Screening This stage of the process identifies any potential significant effects to European Sites from a project or plan, either alone or in combination with other projects or plans. An important element of the AA process is the identification of the “‘conservation objectives”, “Qualifying Interests” (QIs) and/ or “Special Conservation Interests” (SCIs) of European Sites requiring assessment. QIs are the habitat features and species listed in Annexes I and II of the Habitats Directive for which each European Site has been designated and afforded protection. SCIs are wetland habitats and bird species listed within Annexes I and II of the Birds Directive. It is also vital that the threats to the ecological / environmental conditions that are required to support QIs and SCIs are considered as part of the assessment. The following NPWS Generic Conservation Objectives have been considered in the screening: For SACs, to maintain or restore the favourable conservation condition of the Annex I habitat(s) and/or the Annex II species for which the SAC has been selected; and For SPAs, to maintain or restore the favourable conservation condition of the bird species listed as Special Conservation Interests for this SPA. Where available, Site-Specific Conservation Objectives (SSCOs) designed to define favourable conservation status for a particular habitat 3 or species 4 at that site have been considered. 3.2 Identification of Relevant European Sites The Department of the Environment (2009) Guidance on AA recommends a 15 km buffer zone to be considered. Although sites beyond this buffer zone would be considered if relevant, a review of all sites within this zone has allowed a conclusion to be made that, in the absence of significant hydrological/ hydrogeological 5 links, the characteristics of the Plan will not impose effects beyond the 15 km buffer. Details of European Sites that occur within 15 km of and/downstream of the City are provided in Table 3.1 and mapped on Figure 3.1. European Sites and Rivers and Catchments are also mapped in Figure 3.1. Information on QIs, SCIs and site-specific vulnerabilities and sensitivities (see Appendix I) and background information (such as that within Ireland’s Article 17 Report to the European Commission, site synopses and Natura 2000 standard data forms) have been considered by both the AA screening assessment (provided under this section) and Stage 2 AA (provided under Section 4). Conservation objectives that have been considered by the assessment are included in the most up to date National Parks and Wildlife Service Conservation Objective documents. The assessment considers available conservation objectives. Since conservation objectives focus on maintaining the favourable conservation condition of the QIs/SCIs of each site, the screening process concentrated on assessing the potential effects of the Plan against the QIs/SCIs of each site. The conservation objectives for each site were consulted throughout the assessment process.
3 Favourable conservation status of a habitat is achieved when: its natural range, and area it covers within that range, are stable or increasing; the specific structure and functions which are necessary for its long-term maintenance exist and are likely to continue to exist for the foreseeable future; and the conservation status of its typical species is favourable. 4 The favourable conservation status of a species is achieved when: population dynamics data on the species concerned indicate that it is maintaining itself on a long-term basis as a viable component of its natural habitats; the natural range of the species is neither being reduced nor is likely to be reduced for the foreseeable future; and there is, and will probably continue to be, a sufficiently large habitat to maintain its populations on a long-term basis. 5 References to hydrological links in this report encompass links to surface and ground waters.
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Appropriate Assessment of the Draft Cork City Development Plan 2022-2028
D D -
Cork City WFD Catchment Water Ri ver or Stream
European Sites
Special Area of Conservation
Canignavar
Whited1urch
Model Village or Dripsey
Coachfoni
Farran
Rathard-Aherla
Cloughduv
Banclon
Figure 3.1 European Sites within 15 km buffer zone of and hydrologically linked to Cork City
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Appropriate Assessment of the Draft Cork City Development Plan 2022-2028
3.3 Assessment Criteria and Screening 3.3.1 Is the Plan Necessary to the Management of European Sites?
The overarching objective of the Plan is not the nature conservation management of the sites, but to coordinate and plan the future development of Cork City. Therefore, the Plan is not considered to be directly connected with or necessary to the management of European Sites. 3.3.2 Elements of the Draft Plan with Potential to Give Rise to Effects The Plan provides a framework for the sustainable development of Cork City. Plan elements that could potentially the integrity of European Sites include: Provisions (such as those relating to: housing and community development; transport and mobility; climate and environment; green and blue infrastructure, open space and biodiversity; economy and employment; heritage, arts and culture; environmental infrastructure and management; key growth areas and neighbourhood development sites; and placemaking) that introduce sources for effects through construction phase such as habitat destruction, light pollution, hydrological interactions and disturbance effects; Loading pressures from the operational phase of developments – these sources could result in habitat loss, disturbance effects, interactions with water quality and habitat fragmentation; and Increasing visitors to sensitive areas during the operational phase of, for example, recreational developments. The elements of the Draft Plan with the highest potential to give rise to the effects indicated above are generally associated with construction phase elements of the implementation of the Plan. The operational phase elements of the Plan are generally consistent with the existing condition of the area; however, these will also need to be carefully considered. All Plan provisions are considered in this assessment with respect to the ecological integrity of each of the European Sites identified. The assessment considers the sensitivities/vulnerabilities of the QIs and SCIs in relation to all potential sources for effects and potential pathways for such effects. Where sources and pathways for effects are identified, potential effects are assessed in relation to the SSCOs. 3.3.3 Screening of Sites Table 3.1 examines whether there is potential for effects on European Sites considering information provided above, including Appendix I. Sites are screened based on one or a combination of the following criteria: The existence of potential for pathways for significant effects, such as hydrological links, Plan proposals and the site to be screened; The distance of the relevant site from the Council’s administrative boundary; and The existence of a link between identified threats or vulnerabilities at a site to potential adverse effects that may arise from the Plan.
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Table 3.1 Screening of European Sites Site Code Site Name Distance
Qualifying Feature
Potential Effects
Pathway for Significant Effects
Potential for In- Combination Effects
004030
Cork Harbour SPA
Within
Little Grebe (Tachybaptus ruficollis) [A004], Great Crested Grebe (Podiceps cristatus) [A005], Cormorant (Phalacrocorax carbo) [A017], Grey Heron (Ardea cinerea) [A028], Shelduck (Tadorna tadorna) [A048], Wigeon (Anas penelope) [A050], Teal (Anas crecca) [A052], Pintail (Anas acuta) [A054], Shoveler (Anas clypeata) [A056], Red-breasted Merganser (Mergus serrator) [A069], Oystercatcher (Haematopus ostralegus) [A130], Golden Plover (Pluvialis apricaria) [A140], Grey Plover (Pluvialis squatarola) [A141], Lapwing (Vanellus vanellus) [A142], Dunlin (Calidris alpina) [A149], Black-tailed Godwit (Limosa limosa) [A156], Bar-tailed Godwit (Limosa lapponica) [A157], Curlew (Numenius arquata) [A160], Redshank (Tringa totanus) [A162], Black-headed Gull (Chroicocephalus ridibundus) [A179], Common Gull (Larus canus) [A182], Lesser Black- backed Gull (Larus fuscus) [A183], Common Tern (Sterna hirundo) [A193], Wetland and Waterbirds [A999] Mudflats and sandflats not covered by seawater at low tide [1140], Atlantic salt meadows (Atlantic salt meadows (Glauco-Puccinellietalia maritimae)) [1330] Estuaries [1130], Mudflats and sandflats not covered by seawater at low tide [1140], Perennial vegetation of stony banks [1220], Salicornia and other annuals colonising mud and sand [1310], Atlantic salt meadows ( Glauco-Puccinellietalia maritimae ) [1330], Mediterranean salt meadows ( Juncetalia maritimi ) [1410], Water courses of plain to montane levels with the Ranunculion fluitantis and Callitricho-Batrachion vegetation [3260], Old sessile oak woods with Ilex and Blechnum in the British Isles [91A0], Alluvial forests with Alnus glutinosa and Fraxinus excelsior (Alno-Padion, Alnion incanae, Salicion albae ) [91E0], Margaritifera margaritifera (Freshwater Pearl Mussel) [1029], Austropotamobius pallipes (White- clawed Crayfish) [1092], Petromyzon marinus (Sea Lamprey) [1095], Lampetra planeri (Brook Lamprey) [1096], Lampetra fluviatilis (River Lamprey) [1099], Alosa fallax fallax (Twaite Shad) [1103], Salmo salar (Salmon) [1106], Lutra lutra (Otter) [1355], Trichomanes speciosum (Killarney Fern) [1421]
The Plan provides a framework for land use development and activities with potential for construction and operation source effects throughout the City. This European site is hydrologically sensitive. It exists within the City boundary and within a receiving catchment of the Plan area. Therefore, there are pathways for potential direct effects to the ecological integrity of the site from the sources identified above. Therefore, further consideration is required under Stage 2 AA. Yes
Yes
001058
Great Island Channel SAC
1.4 km
The Plan provides a framework for land use development and activities with potential for construction and operation source effects throughout the City. This European site is hydrologically sensitive. It exists within 1.4 km of the Plan area and within a receiving catchment of the Plan area. Therefore, there are pathways for potential direct effects to the ecological integrity of the site from the sources identified above. Therefore, further consideration is required under Stage 2 AA. Yes The Plan provides a framework for land use development and activities with potential for construction and operation source effects throughout the City. This site is sensitive to hydrological changes and direct land use management. This European site is 7 km from the City boundary. An assessment of the hydrological connectivity of surface water pathways shows that this SAC is upstream of the Plan area. Furthermore, the site lies within a catchment that is outside of the plan area (WTD 19 6 ). Groundwater interactions are complex, reliant on hydrogeological and landscape characteristics 7 . It has been shown that the effects from groundwater contaminants are diluted through volume of water 8 . Considering the distance between the Draft Plan area and the groundwater sensitive features of the SAC, there is considerable dilution effect, and therefore no significant effects to the QIs are identified. Furthermore, the QIs are sensitive to direct land use management effects. There are no policies or objectives included in the Draft Plan that will influence the management practices of the SAC. Therefore, there is no risk to water quality of hydrological interactions from the Plan due to the absence of pathways. Given the distances involved there are no other sources for effects identified that have pathways for effects to the ecological integrity of the SAC. As there are no sources with pathways for significant effects foreseen, no further assessment is required. No
Yes
002170
Blackwater River (Cork/ Waterford) SAC
7 km
No
6 EPA Catchment database. Accessed 1 st April 2021 at: https://gis.epa.ie/EPAMaps/ 7 Wehncke, E.V. and Mariano, N.A., 2021. Groundwater and Its Role in Maintaining the Ecological Functions of Ecosystems—A Review. Intensified Land and Water Use: A Holistic Perspective of Local to Regional Integration , pp.55-86. 8 Lasagna, M. et. Al., 2013. Effect of the dilution process on the attenuation of contaminants in aquifers. Environmental earth sciences , 70 (6), pp.2767-2784.
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Appropriate Assessment of the Draft Cork City Development Plan 2022-2028
3.4 Other Plans and Programmes Article 6(3) of the Habitats Directive requires an assessment of a plan or project to consider other plans or programmes that might, in combination with the plan or project, have the potential to adversely affect European Sites. Appendix II outlines a selection of plans or projects that may interact with the Plan to cause in-combination effects to European Sites. These plans / programmes / strategies were considered throughout the assessment. The Draft Plan sits within a hierarchy of statutory documents setting out public policy for, among other things, land use planning, infrastructure, sustainable development, recreation, environmental protection and environmental management, which have been subject to their own environmental assessment processes, as relevant. The Plan must comply with relevant higher-level strategic actions and will, in turn, guide lower-level strategic actions. The National Planning Framework (NPF) sets out Ireland’s planning policy direction for the years 2018- 2040. The NPF is to be implemented through Regional Spatial and Economic Strategies (RSESs) and lower tier Development Plans and Local Area Plans. The RSES for the Southern Region sets out objectives for land use planning, tourism, infrastructure, sustainable development, environmental protection and environmental management that have been subject to environmental assessment and must be implemented through the City Development Plan. As required by the Planning and Development Act 2000, as amended, the Draft City Development Plan is consistent with and conforms with national and regional Policy Objectives, plans and programmes, including the NPF and the RSES for the Southern Region. The City Development Plan may, in turn, guide lower-level strategic actions, such as Local Area Plans that will be subject to their own lower-tier environmental assessments. In order to be realised, projects included in the City Development Plan (in a similar way to other projects from any other sector) 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. All projects within the Draft Plan area and receiving environment will be considered in combination with any and all lower tier projects that may arise due to the implementation of the Plan. Given the uncertainties that exist with regard to the scale and location of developments facilitated by the Draft Plan, it is recognised that the identification of in-combination effects is limited and that the assessment of in-combination effects will need to be undertaken in a more comprehensive manner at the project- level. Additional information on the relationship with other plans and programmes is provided at Appendix II. 3.5 AA Screening Conclusion The effects that could arise from the Plan have been examined in the context of several factors that could potentially affect the integrity of any European Site. On the basis of the findings of this Screening for AA, it is concluded that the Plan: Is not directly connected with or necessary to the management of any European Site; and May, if unmitigated, have adverse effects on the integrity on 2 (no.) European Sites. Therefore, a Stage 2 AA is required for the Plan (see Section 4 of this report). An AA Screening Determination undertaken by the planning authority is provided at Figure 3.2.
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Appropriate Assessment of the Draft Cork City Development Plan 2022-2028
Comhairle Cathrach Chorcai Cork City Council
Halla na Cathrach, Corcaigh - City Hall, Cork - T12 T997
Screening for Appropriate Assessment Determination under Section 177U of the Planning and Development Act 2000, as amended, for the Emerging Draft Cork City Development Plan 2022-2028
In order to comply with the requirements of the Planning and Development Act 2000, as amended, this determination has been made by Cork City Council rela ting to the potential for the emergi ng Draft Cork City Development Plan 2022-2028 to have effects on the integrity European Sites. In making the determination that Appropriate Assessment (AA) is required, the information on the potential effects on the integrity of European Sites arising from the emerging Draft Plan has been taken into account (this information will be placed on public di splay in the Natura Impact Report alongside the emerging Draft Plan). The process of screening for AA began at an early stage in the drafting of the Plan. The screening process assessed whether the emerging Draft Plan had the potential to have effects on the integr ity of any European Site, either alone or in combination with other plans and projects. The screening process concluded that an AA of the emerging Draft Plan would be required, as the Plan: is not directly con nected with or necessary to the management of European Sites; and may, on the basi s of obj ective information, individually, or in combination with other plans and proj ects, if unmitigated have adverse effects on the integrity of two European Sites, Cork Harbour Special Protection Area and Great Island Channel Special Area of Conservation.
Plan elements that could potentially affect the integrity of these European Sites include :
Provisions (such as those relating to: housing and community development; transport and mobility; climate and environment; green and blue infrastructure, open space and biodiversity; economy and employment; heritage, arts and cu lture; environmental infrastructure and management; key growth areas and neighbourhood development sites; and pl acemaking) that introduce sources for effects through construction phase such as habitat destruction, light pollution, hydrological interactions and disturbance effects; Loading pressures from the operational phase of developments - these sources could result in habitat loss, disturbance effects, interactions with water quality and habitat fragmentation; and Increasing visitors to sensitive areas during the operational phase of, for example, recreational developments.
Therefore, Stage 2 AA (including the preparation of the Natura Impact Report) is required for the emerging Draft Plan.
The undersigned, having carefully considered the information referred to above agrees with and adopts the reasoning and conclusion presented above. The undersigned hereby determines pursuant to the Planning and Development Act 2000, as amended, and for the purposes of Article 6(3) of the Habitats Directive that it could not be excluded, on the basis of objective information, that the emerging Draft Plan, individually, or in combination with other plans and projects would have a likely adverse effect on the integrity of a European Site and therefore an AA is required . s;,,,.,,, ~L} ~
C Weare Cork.
/Jf;av2021
Date:
021 4924000 www.corkcity.ie
Figure 3.2 Screening for Appropriate Assessment Determination
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Appropriate Assessment of the Draft Cork City Development Plan 2022-2028
Stage 2 Appropriate Assessment
Section 4
4.1 Introduction The Stage 2 AA assesses whether the Plan alone, or in-combination with other plans, programmes, and/or projects, would result in adverse effects on the integrity of the two European Sites brought forward from screening (those considered on Table 3.1 for which there is “Potential Pathway for Significant Effects” and/or “Potential for In-Combination Effects”), with respect to site structure, function and/or conservation objectives. 4.2 Characterisation of European Sites Potentially Affected The AA Screening identified two European Sites with pathway receptors for potential effects arising from the implementation of the Plan. Appendix I characterises each of the qualifying features of the two European Sites brought forward from Stage 1 in context of each of the sites’ vulnerabilities. Each of these site characterisations were taken from the NPWS website 9 . 4.3 Identifying and Characterising Potential Significant Effects The following parameters can be used when characterising impacts 10 : Direct and Indirect Impacts - An impact can be caused either as a direct or as an indirect consequence of a Plan/Project. Magnitude - Magnitude measures the size of an impact, which is described as high, medium, low, very low or negligible. Extent - The area over that the impact occurs – this should be predicted in a quantified manner. Duration - The time that the effect is expected to last prior to recovery or replacement of the resource or feature. Temporary: Up to 1 Year; Short Term: The effects would take 1-7 years to be mitigated; Medium Term: The effects would take 7-15 years to be mitigated; Long Term: The effects would take 15-60 years to be mitigated; and Permanent: The effects would take 60+ years to be mitigated. Likelihood – The probability of the effect occurring taking into account all available information. Certain/Near Certain: >95% chance of occurring as predicted; Probable: 50-95% chance as occurring as predicted; Unlikely: 5-50% chance as occurring as predicted; and Extremely Unlikely: <5% chance as occurring as predicted. Ecologically Significant Impact - An impact (negative or positive) on the integrity of a defined site or ecosystem and/or the conservation status of habitats or species within a given geographic area. Integrity of a Site - The coherence of its ecological structure and function, across its whole area, which enables it to sustain the habitat, complex of habitats and/or the levels of populations of the species for which it was classified. The Habitats Directive requires the focus of the assessment at this stage to be on the integrity of the site as indicated by its Conservation Objectives. It is an aim of NPWS to draw up conservation management plans for all areas designated for nature conservation. These plans will, among other things, set clear objectives for the conservation of the features of interest within a site. Site-Specific Conservation Objectives (SSCOs) have been prepared for a number of European Sites. These detailed SSCOs aim to define favourable conservation condition for the qualifying habitats and species at that site by setting targets for appropriate attributes that define the character habitat. The maintenance of the favourable condition for these habitats and species at the site level will contribute to the overall maintenance of favourable conservation status of those habitats and species at a national level. Favourable conservation status of a species can be described as being achieved when: ‘population data on the species concerned indicate that it is maintaining itself, and the natural range of the species is neither being reduced or likely to be reduced for the foreseeable future, and there is, and will probably continue to be, a sufficiently large habitat to maintain its populations on a long-term basis.’ Favourable conservation status of a habitat can be described as being achieved when: ‘its natural range, and area it covers within that range, is stable or increasing, and the ecological factors that are necessary for its long-term maintenance
9 Last accessed 20 th April 2021 https://www.npws.ie/protected-sites 10 These descriptions are informed by publications including: Chartered Institute of Ecology and Environmental Management (2016) “Guidelines for ecological impact assessment”; Environmental Protection Agency (2002) “Guidelines on the Information to be contained in Environmental Impact Statements”; and National Roads Authority (2009) “Guidelines for Assessment of Ecological Impacts of National Roads Schemes”.
CAAS for Cork City Council
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Appropriate Assessment of the Draft Cork City Development Plan 2022-2028
exist and are likely to continue to exist for the foreseeable future, and the conservation status of its typical species is favourable’. Generic Conservation Objective for SACs: To maintain or restore the favourable conservation condition of the Annex I habitat(s) and/or the Annex II species that the SAC has been selected. Generic Conservation Objective for SPAs: To maintain or restore the favourable conservation condition of the bird species listed as Special Conservation Interests for this SPA. 4.3.1 Types of Potential Effects Assessment of potential adverse effects on European Sites is conducted utilising a standard source- pathway model (see approach referred to under Sections 1.3 and 3). The 2001 European Commission AA guidance outlines the following potential changes that may occur at a designated site, which may result in effects on the integrity and function of that site: loss/reduction of habitat area; habitat or species fragmentation; disturbance to key species; reduction in species density; changes in key indicators of conservation value (e.g. water quality); and climate change. Each of these potential changes are considered below and in Table 4.1 with reference to the QIs/SCIs of all of the European Sites brought forward from Stage 1 of the AA process (see Section 3). 4.3.1.1 Loss/Reduction of Habitat Area The Plan provides for development across the City with specific areas identified to facilitate more intensive development in these areas. As identified above the City has one European Site within its boundaries; therefore, there is potential for effects to European Sites as a result of the Plan; however, several mitigation measures have been integrated into the Plan to ensure that its implementation will not result in the loss of any habitat necessary for the ecological integrity of any European Site, such as Objectives 6.5 11 , 6.9 12 , 6.15 13 , 6.20 14 , 6.22 15 , 6.23 16 and 6.24 17 . These provisions ensure that there will be no loss of habitat or supporting habitat for species that are necessary to maintain the ecological integrity of European sites throughout the lifetime of the Plan. 11 (a) To protect and enhance the City’s tree and urban woodlands in public and private ownership. Cork City Council will seek to survey, map and maintain existing important individual and groups of trees, using Tree Preservation Orders as appropriate. (b) To encourage the planting of new urban woodlands and trees where appropriate throughout the City and particularly where there are deficiencies in tree coverage as identified in the Cork City Green and Blue Infrastructure Study. (c) To support the preparation of a City Tree Strategy which provides a vision for long-term planting, protection and maintenance of trees, hedgerows and woodlands. (d) To support retaining existing trees and the planting of new trees as part of new developments subject to care on the species of tree and the siting and management of the trees to avoid conflict with transport safety and residential amenity in particular. (e) To promote the planting of pollinator friendly native deciduous trees and mixed forestry to benefit biodiversity. 12 (e) To discourage proposals necessitating the removal of extensive amounts of trees, hedgerows and historic walls or other distinctive boundary treatments. 13 (a) To protect the character of those views and prospects obtainable from scenic routes identified in this Plan. (b) To require those seeking to carry out development in the environs of a scenic route to demonstrate that there will be no adverse obstruction or degradation of the views towards and from vulnerable landscape features. In such areas, the appropriateness of the design, site layout, and landscaping of the proposed development must be demonstrated along with mitigation measures to prevent significant alterations to the appearance or character of the area. 14 (c) To support the development of active recreation infrastructure (including outdoor and indoor facilities) in Cork’s City Parks while also ensuring the continued improvement of their passive recreational offer, natural setting and biodiversity credentials. 15 (a) To protect, promote and enhance Cork City’s natural heritage and biodiversity. (b) To support the implementation of the National Biodiversity Plan and the All-Ireland Pollinator Plan and successor publications in Cork City. (c) To support and implement the biodiversity actions from the Cork City Heritage and Biodiversity Plan (2021-2026) in partnership with all relevant stakeholders. (d) Cork City Council will seek to establish and use a City biodiversity database, accessible across all council departments for consideration in land management decision-making. (e) Cork City Council will seek the enhancement of existing, and the delivery of new, biodiversity-rich areas throughout the City including individual buildings, streets, public and private spaces by supporting the provision of green roofs and walls, rain gardens, biodiversity-rich parklets, rainwater harvesting, natural banks and naturalised SUDS. (f) Cork City Council will seek, where appropriate, to enhance the linear habitat connectivity, including the interconnection and enhancement of: • Aquatic, marginal and bank side habitats. • Parks, playing fields and recreational areas. • Upstream of mapped flood zones. • City transport routes. 16 To protect and enhance designated sites and areas of natural heritage and biodiversity and the habitats, flora and fauna for which it is designated, and to protect, enhance and conserve designated species 17 Cork City Council will seek to map the City’s ecological networks and corridors of local biodiversity value outside of designated areas, and to work with local stakeholders in supporting the effective management of features which are important for wild flora and fauna and habitats. • Woodlands, gardens, open spaces, fields and hedgerows. • Coastal habitats, river catchments, lakes, streams, ponds.
CAAS for Cork City Council
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Appropriate Assessment of the Draft Cork City Development Plan 2022-2028
4.3.1.2 Habitat or species Fragmentation As previously stated, the Plan provides for developments which have associated effects. These effects could result in the fragmentation of habitat and or species through light pollution, habitat loss and/or removal of stepping stone habitats, for example. Therefore, mitigation measures are required to ensure that there are no significant adverse effects in relation to fragmentation on the ecological integrity of any European Site. The Plan recognises the role of non-designated sites for the maintenance and enhancement of European Sites due to the connectivity and accessibility of ecological resources. The Plan provides Policy Objectives to minimise potential fragmentation and to facilitate the enhancement of ecological corridors such as riparian zones. These include Objectives 9.7 18 , 6.6 19 , 6.5 20 , 6.9 21 and Development Management Paragraph Nos. 11.222 22 and 11.213 23 (see full list of measures reproduced at Section 5 of this report). Inappropriate lighting will be minimised through the implementation of the Objectives such as: 9.18 24 , 11.54 25 and Paragraph No. 11.262 26 . Further to these provisions there are provisions related to specific ecological resources and/or habitats, such as waterways, wetlands, etc. These provisions apply to all plans, programmes and/or projects that may arise due to the implementation of the Plan and will ensure that habitat or species fragmentation will not occur in relation to the connectivity of the ecological resources necessary to maintain the ecological integrity of European Sites throughout the lifetime of the Plan. 4.3.1.3 Disturbance to Key Species Disturbance effects are cause by any activity that has potential to alter the movement patterns/distribution of species. Disturbance effects can relate to direct disturbance through human activity/movement or noise pollution. This is particularly relevant in relation to recreation/tourism, from the perspective that many of the recreation/tourism destinations or attractions in the area are in or adjacent to European Sites. European sites within and adjacent to Cork City have recreational related pressures such as water sports or hiking trails as known threats and pressures. In the context of these pressures, requirements such as Paragraph 6.62 “As with all Plan provisions, Objectives in this Section will be implemented subject to compliance with the Habitats and Birds Directives and other ecological protection objectives” in Chapter 6 “Green and Blue Infrastructure, Open Space and Biodiversity” will help to ensure that the integrity of European Sites and sensitive areas are protected. 18 (a) To ensure the delivery of the relevant policies and objectives of The River Basin Management Plan for Ireland 2018 – 2021 and any subsequent plan, including those relating to protection of water status, improvement of water status, prevention of deterioration and meeting objectives for designated protected sites. (b) To support Irish Water in its implementation of Water Quality Management Plans for ground, surface, coastal and estuarine waters as part of the implementation of the EU Water Framework Directive and in the development of Drinking Water Protection Plans. (c) To support the provision of mitigation and protection measures for all protected areas, including Drinking Water Protected Areas and associated Source Protection Plans in line with the Water Framework Directives and River Basin Management Plans. 19 (a) To protect and maintain the integrity, and maximise the potential, of the natural heritage and biodiversity value of rivers, associated watercourses and wetlands in Cork City, and to (b) To promote an integrated approach to optimising opportunities associated with rivers, waterways and wetlands generate biodiversity, recreation, tourism, and economic benefits. 20 (a) To protect and enhance the City’s tree and urban woodlands in public and private ownership. Cork City Council will seek to survey, map and maintain existing important individual and groups of trees, using Tree Preservation Orders as appropriate. (b) To encourage the planting of new urban woodlands and trees where appropriate throughout the City and particularly where there are deficiencies in tree coverage as identified in the Cork City Green and Blue Infrastructure Study. (c) To support the preparation of a City Tree Strategy which provides a vision for long-term planting, protection and maintenance of trees, hedgerows and woodlands. (d) To support retaining existing trees and the planting of new trees as part of new developments subject to care on the species of tree and the siting and management of the trees to avoid conflict with transport safety and residential amenity in particular. (e) To promote the planting of pollinator friendly native deciduous trees and mixed forestry to benefit biodiversity. 21 (e) To discourage proposals necessitating the removal of extensive amounts of trees, hedgerows and historic walls or other distinctive boundary treatments. 22 Development proposals should protect watercourses in accordance with Inland Fisheries Ireland’s “Planning for Watercourses in the Urban Area” including the protection of riparian sections of rivers and streams, where possible, as set out below. Existing development will be taken into account. (1) Protection of the streamside zone, (within 15m of riverbanks); (2) Utilisation of outer riparian buffer zone (>8m) for treatment and reduction of stormflow runoff; (3) Minimal disturbance of the corridor 15-30m from the river; (4) Explore opportunities for river corridors for access and use as local amenity; and (5) Encourage riparian buffer strips on agricultural land. 23 To help protect the City’s character, all existing green and blue infrastructure (e.g., mature trees, hedgerows, watercourses, etc) shall be identified at the initial stage of the planning process and used to guide the site layout and design. 24 To require that external lighting proposals minimise the harmful effects of light pollution, are energy efficient, and do not have an excessive impact on residential or visual amenity, biodiversity or result in the distraction of road users. 25 (7) Buildings should be designed to minimise light pollution from internal and external lighting. 26 (5) Details of any construction lighting including appropriate mitigation measures for lighting specifically designed to minimise impacts to biodiversity, including bats.
CAAS for Cork City Council
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