Strategic Environmental Assessment Environmental Report

SEA Environmental Report for the Draft Cork City Development Plan 2022-2028

Legislation, Plan, etc.

Summary of high-level aim/ purpose/ objective

Summary of lower level objectives, actions etc.

Relevance to the Plan

Environmental Liability Directive (2004/35/EC) as amended by Directive 2006/21/EC, Directive 2009/31/EC and Directive 2013/30/EU

 Establish a framework of environmental liability based on the ‘polluter-pays' principle, to prevent and remedy environmental damage. 

Relates to environmental damage caused by any of the occupational activities listed in Annex III, and to any imminent threat of such damage occurring by reason of any of those activities; damage to protected species and natural habitats caused by any occupational activities other than those listed in Annex III, and to any imminent threat of such damage occurring by reason of any of those activities, whenever the operator has been at fault or negligent.  Where environmental damage has not yet occurred but there is an imminent threat of such damage occurring, the operator shall, without delay, take the necessary preventive measures.  Where environmental damage has occurred the operator shall, without delay, inform the competent authority of all relevant aspects of the situation and take all practicable steps to immediately control, contain, remove or otherwise manage the relevant contaminants and/or any other damage factors in order to limit or to prevent further environmental damage and adverse effects on human health or further impairment of services and the necessary remedial measures, in accordance with Article 7.  The operator shall bear the costs for the preventive and remedial actions taken pursuant to this Directive.  The competent authority shall be entitled to initiate cost recovery proceedings against the operator.  The operator may be required to provide financial security guarantees to ensure their responsibilities under the directive are met.  The Environmental Liability Directive has been amended through a number of Directives. Implementation of the Environmental Liability Directive is contributed towards by a Multi-Annual Work Programme (MAWP) 'Making the Environmental Liability Directive more fit for purpose' that is updated annually to changing developments, growing knowledge and new needs. The Valletta Convention makes the conservation and enhancement of the archaeological heritage one of the goals of urban and regional planning policies. The Convention sets guidelines for the funding of excavation and research work and publication of research findings. It also deals with public access, in particular to archaeological sites, and educational actions to be undertaken to develop public awareness of the value of the archaeological heritage. It also constitutes an institutional framework for pan-European co-operation on the archaeological heritage, entailing a systematic exchange of experience and experts among the various States.

European Convention on the Protection of the Archaeological Heritage (Valletta 1992)

 The aim of this (revised) Convention is to protect the archaeological heritage as a source of the European collective memory and as an instrument for historical and scientific study.

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

Convention of the Protection of the Architectural Heritage of Europe (Granada 1995)

 The main purpose of the Convention is to reinforce and promote policies for the conservation and enhancement of Europe's heritage. It also affirms the need for European solidarity with regard to heritage conservation and is designed to foster practical co-operation among the Parties. It establishes the principles of "European co-ordination of conservation policies" including consultations regarding the thrust of the policies to be implemented. 

The reinforcement and promotion of policies for protecting and enhancing the heritage within the territories of the parties.  The affirmation of European solidarity with regard to the protection of the heritage and the fostering of practical co-operation between states and regions.

ICOMOS (2011) Principles for the Conservation of Industrial Heritage Sites, Structures, Areas and Landscapes (‘Dublin Principles’)

 It is aimed to assist in the documentation, protection, conservation and appreciation of industrial heritage as part of the heritage of human societies around the World. 

(I) Document and understand industrial heritage structures, sites, areas and landscapes and their values;  (II) Ensure effective protection and conservation of the industrial heritage structures, sites, areas and landscapes;  (III) Conserve and maintain the industrial heritage structures, sites, areas and landscapes; and  (IV) Present and communicate the heritage dimensions and values of industrial structures, sites, areas and landscapes to raise public and corporate awareness, and support training and research.  Recognise that rights relating to cultural heritage are inherent in the right to participate in cultural life, as defined in the Universal Declaration of Human Rights.  Recognise individual and collective responsibility towards cultural heritage.  Emphasise that the conservation of cultural heritage and its sustainable use have human development and quality of life as their goal.  Take the necessary steps to apply the provisions of this Convention concerning the role of cultural heritage in the construction of a peaceful and democratic society.

Council of Europe Framework Convention on the Value of Cultural Heritage for Society (Faro 2005)

 Cultural heritage is a group of resources inherited from the past which people identify, independently of ownership, as a reflection and expression of their constantly evolving values, beliefs, knowledge and traditions. It includes all aspects of the environment resulting from the interaction between people and places through time.  A heritage community consists of people who value specific aspects of cultural heritage which they wish, within the framework of public action, to sustain and transmit to future generations.

CAAS for Cork City Council

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