SEA Environmental Report for the Draft Cork City Development Plan 2022-2028
Appendix I Relationship with Legislation and Other Policies, Plans and Programmes This appendix is not intended to be a full and comprehensive review of EU Directives, the transposing regulations or the regulatory framework for environmental protection and management. The information is not exhaustive and it is recommended to consult the Directive, Regulation, Plan or Programme to become familiar with the full details of each.
Legislation, Plan, etc.
Summary of high-level aim/ purpose/ objective
Summary of lower level objectives, actions etc.
Relevance to the Plan
International/European Level SEA Directive (2001/42/EC)
Contribute to the integration of environmental considerations into the preparation and adoption of plans and programmes with a view to promoting sustainable development. Provide for a high level of protection of the environment by carrying out an environmental assessment of plans and programmes which are likely to have significant effects on the environment.
Carry out and environmental assessment for plans or programmes referred to in Articles 2 to 4 of the Directive. Prepare an environmental report which identifies, describes and evaluates the likely significant effects on the environment of implementing the plan or programme and reasonable alternatives that consider the objectives and the geographical scope of the plan or programme. Consult with relevant authorities, stakeholders and public allowing sufficient time to make a submission. Consult other Member States where the implementation of a plan or programme is likely to have transboundary environmental effects. Inform relevant authorities and stakeholders on the decision to implement the plan or programme. Issue a statement to include requirements detailed in Article 9 of the Directive. Monitor and mitigate significant environmental effects identified by the assessment. All projects listed in Annex I are considered as having significant effects on the environment and require an EIA. For projects listed in Annex II, a “screening procedure” is required to determine the effects of projects on the basis of thresholds/criteria or a case by case examination. This should take into account Annex III. The environmental impact assessment shall identify, describe and assess in an appropriate manner, in the light of each individual case and in accordance with Articles 4 to 12, the direct and indirect effects of a project on the following factors: human beings, fauna and flora, soil, water, air, climate and the landscape, material assets and the cultural heritage, the interaction between each factor. Consult with relevant authorities, stakeholders and public allowing sufficient time to make a submission before a decision is made. Propose and protect sites of importance to habitats, plant and animal species. Establish a network of European sites hosting the natural habitat types listed in Annex I and habitats of the species listed in Annex II, to enable the natural habitat types and the species’ habitats concerned to be maintained or, where appropriate, restored at a favourable conservation status in their natural range. Carry out comprehensive assessment of habitat types and species present. Establish a system of strict protection for the animal species and plant species listed in Annex IV. Preserve, maintain or re-establish a sufficient diversity and area of habitats for all the species of birds referred to in Annex 1. Preserve, maintain and establish biotopes and habitats to include the creation of protected areas (Special Protection Areas). Ensure the upkeep and management in accordance with the ecological needs of habitats inside and outside the protected zones, re-establish destroyed biotopes and creation of biotopes. Measures for regularly occurring migratory species not listed in Annex I is required as regards their breeding, moulting and wintering areas and staging posts along their migration routes. The protection of wetlands and particularly wetlands of international importance. Ireland’s Nitrates Action Programme is designed to prevent pollution of surface waters and ground water from agricultural sources and to protect and improve water quality. Ireland’s third NAP came into operation in 2014. Each Member State’s NAP must include: a limit on the amount of livestock manure applied to the land each year set periods when land spreading is prohibited due to risk
Where new land use developments or activities occur as a result of this legislation, plan, programme, etc., individually or in combination with others, potential in- combination effects (see Section 8.2) may arise. Implementation of the Plan needs to comply with all environmental legislation and align with and cumulatively contribute towards – in combination with other users and bodies and their plans etc. – the achievement of the objectives of the regulatory framework for environmental protection and management. Where new land use developments or activities occur as a result of this legislation, plan, programme, etc., individually or in combination with others, potential in- combination effects (see Section 8.2) may arise. Implementation of the Plan needs to comply with all environmental legislation and align with and cumulatively contribute towards – in combination with other users and bodies and their plans etc. – the achievement of the objectives of the regulatory framework for environmental protection and management. Where new land use developments or activities occur as a result of this legislation, plan, programme, etc., individually or in combination with others, potential in- combination effects (see Section 8.2) may arise. Implementation of the Plan needs to comply with all environmental legislation and align with and cumulatively contribute towards – in combination with other users and bodies and their plans etc. – the achievement of the objectives of the regulatory framework for environmental protection and management. Where new land use developments or activities occur as a result of this legislation, plan, programme, etc., individually or in combination with others, potential in- combination effects (see Section 8.2) may arise. Implementation of the Plan needs to comply with all environmental legislation and align with and cumulatively contribute towards – in combination with other users and bodies and their plans etc. – the achievement of the objectives of the regulatory framework for environmental protection and management. Where new land use developments or activities occur as a result of this legislation, plan, programme, etc., individually or in combination with others, potential in- combination effects (see Section 8.2) may arise. Implementation of the Plan needs to comply with all
EIA Directive (2011/92/EU as amended by 2014/52/EU)
Requires the assessment of the environmental effects of public and private projects which are likely to have significant effects on the environment. Aims to assess and implement avoidance or mitigation measures to eliminate environmental effects, before consent is given of projects likely to have significant effects on the environment by virtue, inter alia, of their nature, size or location are made subject to a requirement for development consent and an assessment with regard to their effects. Those projects are defined in Article 4.
Habitats Directive (92/43/EEC)
Promote the preservation, protection and improvement of the quality of the environment, including the conservation of natural habitats and of wild fauna and flora. Contribute towards ensuring biodiversity through the conservation of natural habitats and of wild fauna and flora. Maintain or restore to favourable conservation status, natural habitats and species of wild fauna and flora of community interest. Promote the maintenance of biodiversity, taking account of economic, social, cultural and regional requirements.
Birds Directive (2009/147/EC)
Conserve all species of naturally occurring birds in the wild state including their eggs, nests and habitats. Protect, manage and control these species and comply with regulations relating to their exploitation. The species included in Annex I shall be the subject of special conservation measures concerning their habitat in order to ensure their survival and reproduction in their area of distribution.
EU Nitrates Directive (91/676/EC)
Reducing water pollution caused or induced by nitrates from agricultural sources and – preventing further such pollution.
CAAS for Cork City Council
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