Cork City
Local Economic and Community Plan
2024-2029
Appropriate Assessment
Screening Report
Prepared for:
Cork City Council
Prepared by:
MEC Ltd.
March 2024
Client: Cork City Council
Appropriate Assessment Screening Report
Document
Document
Prepared by
Approved by
Stage
Version
Final
1
Katie Neary
R
Minogue
BSc(Hons)
MCIEEM
This report is written Katie Neary. She is a Senior Ecologist with JKW Environmental. Katie has completed an honours B.Sc. in Environmental Science. She is an Associate member of the Institution of Environmental Sciences (IES). She regularly carries out reporting on Ecological Impact Assessment and to inform Natura Impact Assessments / Appropriate Assessments carried out by statutory authorities. Furthermore, she has several years’ experience in habitat surveys, mammal surveys, bird and bat surveys for a number of large infrastructure schemes, commercial and residential projects. Katie is an experienced Ecological Clerk of Works (ECoW). Ruth Minogue, BscSci, MA, MCIEEM reviewed this AA Screening Report. Ruth has over twenty five years in the field of environmental assessment and has been involved in the completion of environmental and ecological impact assessments since 2002. She regularly carries out reporting on Ecological Impact Assessment and to inform the Appropriate Assessment process which is carried out by statutory authorities. Ruth has undertaken habitat surveys, mammal surveys, and bat surveys for a number of projects. Ruth is an experienced project manager and has managed a range of high profile environmental and ecological projects ranging from transport infrastructure to national scale assessment of plans and programmes. She is a full member of the Chartered Institute of Ecology and Environmental Management, holds a diploma in Field Ecology (UCC), Advanced Diploma in Planning and Environmental Law (Kings Inn), undertakes ongoing CDP training through approved training providers including CIEEM and is a licensed ecologist for bat roosts from the Department of Culture Heritage and the Gaeltacht
Contents 1 Introduction ..................................................................................................................................... 5 1.1 Background and context of the Local Economic and Community Plan (the plan) ................... 5
1.1.1 Screening for Appropriate Assessment: Legislative Context .............................................. 5 1.1.2 Requirement for an Assessment under Article 6 of the Habitats Directive ........................ 6 1.1.3 Screening Methodology ..................................................................................................... 6 1.1.4 Zone of Influence ............................................................................................................... 7 1.1.5 Cumulative Effects ............................................................................................................. 9 2 Description of Cork City LECP (the plan) ........................................................................................ 10 3 IS THE PLAN NECESSARY FOR THE CONSERVATION MANAGEMENT OF EUROPEAN SITES ............ 14 4 Identification of European Sites within the Zone of Influence of the Plan ..................................... 15 4.1 Identification of Natura 2000 Sites ........................................................................................ 15 4.2 Assessment Criteria and Screening ........................................................................................ 19 4.2.1 Is the Plan Necessary to the Management of European Sites? ....................................... 19 4.2.2 Elements of the Plan with Potential to Give Rise to Effects ............................................. 19 4.3 Likely Cumulative Impact of the Proposed Plan on European Sites, in-combination with other projects and plans ............................................................................................................................. 21 5 ARTICLE 6(3) APPROPRIATE ASSESSMENT SCREENING STATEMENT AND CONCLUSIONS .............. 22 6 References ..................................................................................................................................... 23 Appendix I .............................................................................................................................................. 24
Client:
Cork City Council
Date:
March 2024
Project Title: Cork City LECP 2024-2029 Document Title: Appropriate Assessment Screening Report
Document Issue: draft
1
Introduction MEC Ltd was engaged by Cork City Council to prepare a report to inform screening for appropriate assessment for the proposed Cork City Local Economic and Community Plan (LECP). This Screening Report for Appropriate Assessment forms Stage 1 of the Habitats Directive Assessment process and is being undertaken in order to comply with the requirements of the Habitats Directive Article 6(3). The function of this Screening Report is to identify the potential for the plan to result in likely significant effects to European Sites and to provide information so that the competent authority can determine whether a Stage 2 Appropriate Assessment is required for the plan. 1.1 Background and context of the Local Economic and Community Plan (the plan) The purpose of the LECP, as set out in the Local Economic and Community Plan (LECP) Guidelines (2021) is “ to set out, for a six-year period, the objectives and actions needed to promote and support the economic development and the local and community development of the relevant Local Authority area, both by itself directly and in partnership with other economic and community development stakeholders ”. The overall aim is “ to promote well-being and quality of life of citizens and communities ” including all people living and working in the county, some of whom are not citizens. The LECP provides the framework for local implementation of national and regional framework plans that set out the development path for the state and the region over the next 10 to 20 years. The key spatial plans at national and regional level are the National Planning Framework Ireland 2040 and the National Development Plan 2021-2030 (NPF/NDP) and the Regional Spatial and Economic Strategy for the Southern Region (RSES). The LECP identifies objectives from those framework plans to be implemented locally. It identifies local objectives under other national and regional policies in areas including social inclusion, rural development, urban regeneration, health and well-being, education, training and skills development, employment, enterprise and climate change / climate action. The LECP must be consistent with overarching local authority plans – in particular, the Cork City Development Plan 2022-2028 and Cork City Corporate Plan to 2024. All of the local plans need to align with the UN Sustainable Development Goals (SDGs), to which Ireland is a signatory. The UN SDGs aim to address urgent economic, social and environment challenges in a harmonised way across all governments of the world . 1.1.1 Screening for Appropriate Assessment: Legislative Context Legislative protection for habitats and species is provided within the European Union by the Habitats Directive. The Habitats Directive has been implemented in Ireland and throughout Europe through the establishment of a network of designated conservation areas known as the Natura 2000 (N2K) network. The N2K network includes sites designated as Special Areas of Conservation (SACs), under the EU Habitats Directive and Special Protection Areas (SPAs) designated under the EU Birds Directive 2009/147/EC (as amended). SACs are designated in areas that support habitats listed on Annex I and/or species listed on Annex II of the Habitats Directive. SPAs are designated in areas that support: 1% or more of the all-Ireland population of bird species listed on Annex I of the EU Birds Directive; 1% or more of the population of a migratory species; and more than 20,000 waterfowl. This Screening Report for Appropriate Assessment is being prepared in order to enable the competent authority to comply with Article 6(3) of Council Directive 92/43/EEC (The Habitats Directive). It is prepared to assess whether or not the project alone or in combination with other plans and projects is likely to have a significant effect on any European Site in view of best scientific knowledge and in view
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Client:
Cork City Council
Date:
March 2024
Project Title: Cork City LECP 2024-2029 Document Title: Appropriate Assessment Screening Report
Document Issue: draft
of the conservation objectives of the European Sites and specifically on the habitats and species for which the sites have been designated. Measures intended to avoid or reduce the harmful effects of the proposed project on European sites (i.e. “mitigation measures”) or best practice measures have not been taken into account in this screening stage appraisal. 1.1.2 Requirement for an Assessment under Article 6 of the Habitats Directive According to section 177U(1) of the Planning and Development Act 2000 (as amended) the competent authority has a duty to: • Determine whether the proposed Project is directly connected to or necessary for the management of one of more European Sites; and, if not, • Determine if the Project, either individually or in combination with other plans or projects, would be likely to have a significant effect on the European Site(s) in view of best scientific knowledge and the Conservation Objectives of the site(s). This report contains information to support a Screening for Appropriate Assessment and is intended to provide information that assists the competent authority when assessing and addressing all issues regarding the construction, operation and decommissioning of the Project and to allow the competent authority to comply with the Habitats Directive. Article 6(3) of the Habitats Directive defines the requirements for assessment of projects and plans for which likely significant effects on European Sites may arise. The Birds Directive and the Habitats Directive together list habitats and species that are of international importance for conservation and require protection. The Habitats Directive requires competent authorities, to carry out a Screening for Appropriate Assessment of plans and projects that are not directly connected to or necessary for the management of a European Site, to assess whether the plan or project alone or in combination with other plans or projects, would be likely to have significant effects on European Sites in view of best scientific knowledge and the Site’s conservation objectives. This requirement is transposed into Irish Law by, inter alia, Part XAB of the Planning and Development Act, 2000 (as amended). Section 177U(4) of Part XAB of the Planning and Development Act states: "The competent authority shall determine that an appropriate assessment of a draft Land use plan or a proposed development, as the case may be, is required if it cannot be excluded, on the basis of objective information, that the draft Land use plan or proposed development, individually or in combination with other plans or projects, will have a significant effect on a European site. " 1.1.3 Screening Methodology This Screening Report has been prepared in order to comply with the legislative requirements outlined in Section 1.2 above and aims to establish whether or not the proposed plan, alone or in combination with other plans or projects, would be likely to have significant effects on European Sites in view of best scientific knowledge and the Site’s conservation objectives. In this context “likely” means a risk or possibility of effects occurring that cannot be ruled out based on objective information and “significant” means an effect that would undermine the conservation objectives of the European sites, either alone or in-combination with other plans and projects (Office of the Planning Regulator (OPR), 2021). The nature of the likely interactions between the proposed development and the Conservation Objectives of European Sites will depend upon the:
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Client:
Cork City Council
Date:
March 2024
Project Title: Cork City LECP 2024-2029 Document Title: Appropriate Assessment Screening Report
Document Issue: draft
• the ecological characteristics of the species or habitat, including their structure, function, conservation status and sensitivity to change; and/or • the character, magnitude, duration, consequences and probability of the impacts arising from land use activities associated with the plan, in combination with other plans and projects. This Screening Report for Appropriate Assessment has been undertaken in accordance with respective National and European guidance documents: Appropriate Assessment of Plans and Projects in Ireland: Guidance for Planning Authorities (DEHLG 2010) and Assessment of Plans and Projects Significantly Affecting Natura 2000 sites – Methodological Guidance of the Provisions of Article 6(3) and (4) of the Habitats Directive 92/43/EEC; Office of the Planning Regulator – OPR Practice Note PN01: Appropriate Assessment Screening for Development Management (2021) , and recent European and National case law . The following guidance documents were also of relevance during the preparation of this Screening Report: • Appropriate Assessment of Plans and Projects in Ireland – Guidance for Planning Authorities (2010). DEHLG. • Assessment of Plans and Projects Significantly Affecting Natura 2000 Sites – Methodological Guidance of the Provisions of Article 6(3) and (4) of the Habitats Directive 92/42/EEC. European Commission (EC) (2021). • Managing Natura 2000 Sites – The provisions of Article 6 of the Habitats Directive 92/43/EEC. European Commission (2018). The EC (2021) guidelines outline the stages involved in undertaking a Screening Report for Appropriate Assessment for projects. The methodology adopted during the preparation of this Screening Report is informed by these guidelines and was undertaken in the following stages: 1. Describe the project and determine whether it is necessary for the conservation management of European Sites;
2. Identify European Sites that could be influenced by the project;
3. Where European Sites are identified as occurring within the zone of influence of the project identify potential effects arising from the project and screen the potential for such effects to negatively affect European Sites identified under Point 2 above; and 4. Identify other plans or projects that, in combination with the project, have the potential to affect European Sites . A desk study was carried out to collate information available on Natura 2000 sites within the potential zone of influence of the proposed Plan. The Site and the surrounding area were viewed using satellite imagery. Cork City Council planning portal was accessed for information on other permitted and proposed Plans within the zone of influence of the project. The National Parks and Wildlife Service (NPWS) website was accessed for information on Natura 2000 sites. Environmental Protection Agency (EPA) Maps were accessed for other environmental information relevant to preparation of this report. 1.1.4 Zone of Influence The ‘zone of influence’ for a project is the area over which ecological features may be affected by biophysical changes as a result of the proposed plan and associated activities. This is likely to extend
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Client:
Cork City Council
Date:
March 2024
Project Title: Cork City LECP 2024-2029 Document Title: Appropriate Assessment Screening Report
Document Issue: draft
beyond the plan site, for example where there are ecological or hydrological links beyond the site boundaries. The zone of influence will vary for different ecological features depending on their sensitivity to an environmental change (CIEEM, 2018). Irish guidance (DoEHLG, 2010) states, for the zone of influence of plans, that “A distance of 15 km is currently recommended in the case of plans, as a potential zone of influence, and this distance is derived from UK guidance (Scott Wilson et al, 2006)”. The guidance goes on to state that “for projects, the distance could be much less than 15 km, and in some cases less than 100 m, but this must be evaluated on a case-by-case basis with reference to the nature, size and location of the project, the sensitivities of the ecological receptors, and the potential for in-combination effects.” Appropriate Assessment Screening for Development Management (Office of the Planning Regulator, 2021) defines the zone of influence of a proposed development as the geographical area over which it could affect the receiving environment in a way that could have significant effects on the Qualifying Interests of a European site. It is recommended that this is established on a case-by-case basis using the Source-Pathway-Receptor (SPR) framework. The zone of influence for this plan was identified through a review of the nature of the plan, the type of impacts and effects that could arise as a result, the distance between the plan and European sites, and the qualifying interests of the European sites.
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Client:
Cork City Council
Date:
March 2024
Project Title: Cork City LECP 2024-2029 Document Title: Appropriate Assessment Screening Report
Document Issue: draft
1.1.5 Cumulative Effects Cumulative effects can result from individually insignificant, but collectively significant, actions taking place over a period of time or concentrated in a location. Cumulative effects can occur where a proposed Plan results in individually insignificant impacts that, when considered in combination with impacts of other proposed or permitted plans and projects, can result in significant effects (CIEEM 2018). Other plans and projects to be considered would include the following types of future development within the same Zone of Influence: • Proposals for which consent has been applied which are awaiting determination in any regulatory process (not necessarily limited to planning permission). • Projects which have been granted consent (not limited to planning permissions) but which have not yet been started or which have been started but are not yet completed (i.e., under construction). • Proposals which have been refused permission, but which are subject to appeal, and the appeal is undetermined. • To the extent that their details are in the public domain, proposed projects that will be implemented by a public body but for which no consent is needed from a competent authority. (CIEEM 2018)
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Client:
Cork City Council
Date:
March 2024
Project Title: Cork City LECP 2024-2029 Document Title: Appropriate Assessment Screening Report
Document Issue: draft
2 Description of Cork City LECP (the plan) 2.1.1 Stages of LECP
The stages involved in the preparation of the LECP, as outlined in the Local Economic and Community Plans Guidelines 2021, issued by the Department of Rural and Community Development (DRCD) and the Department of Housing, Local Government and Heritage (DHLGH), and applied in the preparation of the Limerick Local Economic and Community Plan are shown below.
Stages in the Preparation of the LECP
Stage 1: Preparation
Socio-economic Analysis
•
• Socio-economic Statement & High-Level Goals based on Socio-economic Analysis
• Preparation of Draft Socio-Economic Statement by Advisory Steering Group
• Sign-off by Economic Development, Enterprise and Planning SPC and LCDC
Stage 2: Public Consultation
• Public Consultation on High-Level Goals and Objectives
• Revision of the Socio-Economic Statement based on the Consultation
• Preparation of Draft Plan by Advisory Steering Group
• Sign-off by the Economic Development, Enterprise and Planning SPC, the Community, Culture and Placemaking SPC and LCDC
Stage 3: Develop Objectives and Outcomes
• Develop detailed Objectives, Outcomes and Actions
• Preparation of the Draft LECP by the Advisory Steering Group
• Sign-off by the Economic Development, Enterprise and Planning SPC, the Community, Culture and Placemaking SPC and LCDC
• Final Draft LECP to the Southern Regional Assembly for input
Stage 4: Finalise Framework Plan
• SPCs & LCDC adopt Final Draft LECP following Regional Assembly input
• Local Authority to approve the Final Draft LECP
• Submission of LECP to the Minister & Published by the Local Authority
Stage 5: Implementation
• Prepare Implementation Plans (2-year cycle)
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Client:
Cork City Council
Date:
March 2024
Project Title: Cork City LECP 2024-2029 Document Title: Appropriate Assessment Screening Report
Document Issue: draft
Consideration of available Resources (€)
•
• On-going flexible implementation of LECP
Stage 6: Monitoring & Evaluation
• Key Performance Indicators (KPIs) to address proposed outcomes
• On-going data collection including case studies
Implementation Report
•
2.1.2
Key Pillars and High-Level Goals
The key pillars of this LECP follow, with consistency, the driving values underpinning other major policies and programmes for our City. Principal amongst these are the Cork City Development Plan 2022-2028 and the “Cork 2050” Plan. The aim of the LECP is more economic and community focused and does not directly address spatial or planning issues. Nonetheless its key principles are the same and can be “mapped” to demonstrate their consistency as below: From its six High Level Goals the consistency of this plan with United Nations Sustainable Development Goals (UN SDGs) and with the key themes of the Southern Region Regional Spatial and Economic Strategy (RSES), Cork 2050 and Cork City Development Plan can be traced across with reference to the closest relevant theme in those policy mandates in subsequent columns. There are overlapping themes such as, for instance, the RSES commitment to “Diversity, Language, Culture, and Heritage Enhancement (which speaks to both High Level Goals 2 and 3), Cork 2050’s commitment to “Place Making” (High Level Goals 4 and 5) and the Cork City Development Plans theme “A City of Neighbourhoods and Communities” (High Level Goals 4 and 5). Likewise, there are LECP High Level Goals that encompass more than one theme of other policy mandates. A good example of this is High Level Goal 4 “Economic and Enterprise Development” which contains at least three of the RSES themes of “Compact Growth”, “A strong economy” and “High Quality International Connectivity”. But overall, the continuity and consistency of policy for the city is evident and this stems in no small part from the City’s long tradition of metropolitan policy making: Commencing with the 1978 Land Use and Transport Study (LUTS), the Cork Area Strategic Plan 2001-2020 (CASP) and the 2017 Cork 2050 Plan, Cork City Council has been a national leader in driving policy and planning at local level that is in harmony with EU – and more lately global/UN- National and Regional policy.
The High Level Goals are:
HLG1: People & Community: A City Valuing Health and Wellbeing.
Objectives:
➢ To ensure Cork is a healthy city that connects to improve the health and wellbeing of all its people at all ages, reduces health inequalities and recognises the need for a holistic approach to health and wellbeing.
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Client:
Cork City Council
Date:
March 2024
Project Title: Cork City LECP 2024-2029 Document Title: Appropriate Assessment Screening Report
Document Issue: draft
➢ Create a responsive and resilient city by building strong interconnected and sustainable local health systems that can respond to local needs and threats to public health. ➢ Promote cross-sectoral working to achieve better health outcomes for the city through integrated health planning which addresses the social determinants of health and promotes health in all policies. ➢ Promote community development and participatory approaches to addressing health challenges that generate models of, evidence based, best practice. ➢ To support the HSE led enhancement and restructuring of health services in Cork city to ensure access to quality health care for all.
➢ To create spaces and places for health using a community placemaking approach.
HLG2: A City Built on Partnership, Inclusion and Equality
Objectives:
➢ Build inclusive, sustainable, and resilient communities where active citizenship is enhanced and encouraged for all to participate with a targeted approach to engaging those less heard. ➢ Build upon existing high level partnership collaboration across the community, voluntary and state and semi-state agencies within Cork city. Enhancing and affirming Inter-Agency Fora, as key vehicles to represent social inclusion, community, voluntary and environmental interests.
➢ Prioritising the needs of communities experiencing exclusion.
➢ Demonstrate a commitment to human rights, equality, integration, and anti- discrimination, paying particular attention to the responsibilities under the Public Sector Equality and Human Rights Duty. ➢ Strive to develop and implement national policies, strategies, and indicators relevant to inclusion, integration, and equality at a local level.
HLG3: A City of Learning and Culture
Objectives:
➢ Sustain the development of Cork as a UNESCO Learning City, using Education and Lifelong Learning approaches to support the delivery of all UN Sustainable Development Goals. ➢ Sustain and grow Learning City partnership structures and networks that involve all stakeholders in lifelong learning: Formal, non-formal, and informal. ➢ To empower and enable people of all ages, interests, and abilities to participate in and enjoy lifelong learning, the arts and creativity. ➢ To sustain and develop initiatives to remove barriers to participation in lifelong learning and cultural activities for marginalised and underrepresented groups.
➢ To optimise and extend arts and cultural infrastructure in the city.
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Client:
Cork City Council
Date:
March 2024
Project Title: Cork City LECP 2024-2029 Document Title: Appropriate Assessment Screening Report
Document Issue: draft
➢ To animate our city centre, communities, and neighbourhoods through art, learning and cultural events, and creative placemaking. ➢ To advance the potential of Cork's arts, culture and creative industries, and Learning and Education Services to contribute to economic growth.
HLG4: A City Driving Economic & Enterprise Development
Objectives:
➢ Invest in and develop Cork City’s communications, transport, and enterprise infrastructure to support economic growth. ➢ Support Cork City's innovative ecosystem to develop new ideas, concepts, products, and processes to contribute to sustainable economic growth. ➢ Continue to work with other key enterprise stakeholders to create an enterprise - friendly ecosystem that supports Cork City’s entrepreneurs, SMEs, and social enterprises through all stages of development. ➢ Continue to work with key city stakeholders to attract and retain Foreign Direct Investment. in Cork City ➢ Develop and expand Cork's tourism industry to support jobs and economic opportunities. ➢ Develop the skills base in Cork City to ensure there is an adequate supply of skills available to support economic and enterprise growth. ➢ Deploy renovation of derelict buildings as a key tool of community and economic transformation. Economic Diversity: Monitor resilience of Cork City’s economy. HLG5: A City of Safe, Accessible & Resilient Neighbourhoods
Objectives:
➢ Develop and support structures and partnerships which underpin safety and wellbeing in our city. ➢ A Placemaking approach will be taken to programme, policy and planning in Cork City Council.
➢ Promote local actions for built and natural heritage.
➢ Promote partnership approaches to accessibility and services.
➢ Support and champion the resilience of community organisation and structures.
HLG6: A City Leading on Sustainability & Climate Action
Objectives:
➢ Establish an inclusive climate-leadership culture that ensures our city is resilient and adapts to climate change.
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Client:
Cork City Council
Date:
March 2024
Project Title: Cork City LECP 2024-2029 Document Title: Appropriate Assessment Screening Report
Document Issue: draft
➢ Reinforce community partnerships and ensure that all our citizens are included in and benefit from the climate actions, through better physical and mental health, food, and housing, among other co-benefits. ➢ Minimise the use of fossil-fuels in our homes, places of work, and in our transport, and help people change to alternative energy sources. ➢ Encourage a modal shift to sustainable travel, reducing car use and increasing the use of walking, cycling and public transport, especially for shorter journeys and by accelerating improvements in active and public transport infrastructure. ➢ Protect and expand our green space and wildlife and create a circular economy that reduces waste. A number of actions are provided within each High Level Goal and Appendix 1 of this AA screening report presents an examination for their consistency with the Cork City Development Plan 2022-2028, whether they propose any activities over and above those considered for the Appropriate Assessment the above plans and whether they will have the potential to result in impacts to European Sites. 3 Is the plan necessary for the conservation management of European sites The plan has been described in Section 2 of the Screening Report and it is clear from the description provided that the project is not directly connected with or necessary for the future conservation management of any European Sites.
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Client:
Cork City Council
Date:
March 2024
Project Title: Cork City LECP 2024-2029 Document Title: Appropriate Assessment Screening Report
Document Issue: draft
4 Identification of European Sites within the Zone of Influence of the Plan This section of the report identifies the potential zone of influence of the proposed Plan, provides information on the Natura 2000 sites within the identified zone of influence and sets out the potential impacts and effects and the likelihood of significant effects. 4.1 Identification of Natura 2000 Sites The first step in identification of Natura 2000 sites is to determine the potential zone of influence of the proposed plan. When the zone of influence of the proposed plan has been determined, Natura 2000 sites within this area can be identified. The potential for these sites to be affected can be evaluated by considering:
Scale and type of the proposed plan. Proximity to the proposed plan.
•
• •
Qualifying interests.
Ecological 1 and Landscape 2 connectivity.
•
A review of the characteristics of the Plan has identified that, in the absence of significant hydrological links, the characteristics of the Plan will not impose effects beyond the 15 km buffer. Beyond this distance potential effects are diminished due to landscape scale ecological interactions. All European sites within a 15km radius of the Plan area were examined to assess potential connectivity corridors on a landscape scale and assess potential interactions between the Plan and the conservation objectives of each of the sites. Details of European sites that occur within 15 km of Cork City boundary are listed on Table 4.1 and shown in Figures 4.1. Information on QIs, SCIs and site-specific vulnerabilities and sensitivities and background information (such as that within Ireland’s Article 17 and Article 12 Reports to the European Commission, site synopses and Natura 2000 standard data forms) has been considered.
1 Connectivity is defined as a measure of the functional availability of the habitats needed for a particular species to move through a given area. Examples include the flight lines used by bats to travel between roosts and foraging areas or the corridors of appropriate habitat needed by some slow colonising species if they are to spread (CIEEM, 2018) 2 Landscape connectivity is a combined product of structural and functional connectivity, i.e. the effect of physical landscape structure and the actual species use of the landscape (Kettunen et al. 2007)
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Client:
Cork City Council
Date:
March 2024
Project Title: Cork City LECP 2024-2029 Document Title: Appropriate Assessment Screening Report
Document Issue: draft
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Client:
Cork City Council
Date:
March 2024
Project Title: Cork City LECP 2024-2029 Document Title: Appropriate Assessment Screening Report
Document Issue: draft
Table 4.1. Natura 2000 Sites within 15km of the Plan
Natura 2000 Site Name and Code
Qualifying Interests
Special Area of Conservation SAC
Great Island Channel SAC [001058]
Habitats: Mudflats and sandflats not covered by seawater at low tide [1140] Atlantic salt meadows ( Glauco-Puccinellietalia maritimae ) [1330] Habitats: Estuaries [1130] Mudflats and sandflats not covered by seawater at low tide [1140] Perennial vegetation of stony banks [1220]
Blackwater River (Cork/Waterford) SAC [002170]
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] Species:
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
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Client:
Cork City Council
Date:
March 2024
Project Title: Cork City LECP 2024-2029 Document Title: Appropriate Assessment Screening Report
Document Issue: draft
Natura 2000 Site Name and Code
Qualifying Interests
Special Protection Area (SPA)
Cork Harbour SPA [004030]
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]
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Client:
Cork City Council
Date:
March 2024
Project Title: Cork City LECP 2024-2029 Document Title: Appropriate Assessment Screening Report
Document Issue: draft
4.2 Assessment Criteria and Screening 4.2.1 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 guide the sustainable economic and community development of the City. Therefore, the Plan is not considered to be directly connected with or necessary to the management of European sites. 4.2.2 Elements of the Plan with Potential to Give Rise to Effects The High Level Goals (HLGs) of the LECP are outlined in Section 2 above. Each of these goals and supporting actions (appendix 1) have been assessed in relation to their potential to result in likely significant effects on European sites within the study area (Table 4.1). As outlined in the European Commission Environment DG document “ 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”, impacts that require consideration can be categorised under a number of headings: • Loss / reduction of habitat area (e.g. due to the development of new projects) • Disturbance to Key Species (e.g. increased public access to protected sites, or during the construction phase of infrastructure projects) • Habitat or species fragmentation • Reduction in species density • Changes in key indicators of conservation value such as decrease in water quality / quantity (e.g. through inadequate wastewater treatment, run-off of pollutants during construction and operation of developments, agricultural runoff) In summary, it is determined that the HLGs outlined in the Draft Socio-Economic Statement and HLGs document are not expected to result in any significant effects on European sites. The six goals (HLG1; HLG2; HLG3; HLG4: HLG5; HLG6) relate to service delivery, coordination, and promotion. The goals are strategic in nature and do not specify a quantum or location for future land use and development. The goals have been devised to work together to ensure the balanced and environmentally sustainable development of Cork City. They do not conflict with, present alternative or competing proposals set down in the Cork City Development Plan (CDP) 2022-2028. The CDP has been subject to an Appropriate Assessment. The goals and objectives of the Cork City LECP do not go beyond those already contained within the CDP. These objectives have already been assessed for Appropriate Assessment as part of the Cork City CDP 2022-2028 and the current plan proposals will not result in any activities over and above those already committed to as part of the above plan. The HLGs set out in LECP draft Socio-economic statement do not set the framework for future development consent of projects. In this regard, at this stage in the LECP preparation process they do not place limits on activities or development, influence location, nature, size or operating conditions nor do they dictate or specifically direct the allocation of resources (note that the detailed actions to be prepared later in the process may include specifications such as those relating to the location of development – these will be screened for the need to undertake AA). Specific projects/ developments, yet to be devised will be subject to normal planning requirements including the Habitats Directive Article 6 procedure as appropriate. Similarly plans, programmes and projects related to sectors outside of local
19
Client:
Cork City Council
Date:
March 2024
Project Title: Cork City LECP 2024-2029 Document Title: Appropriate Assessment Screening Report
Document Issue: draft
authority land use planning will undergo Appropriate Assessment as required. Such procedures associated with this are overseen by the relevant governmental competent authority. Having regard to the foregoing no significant effects on European Sites have been identified or are currently envisaged. Furthermore, as all of the HLGs have been assessed as not having the potential, in their own right, to result in likely significant effects, there will be no potential for them to combine with other objectives of the statement to result in cumulative negative effects. The AA Screening will be updated at relevant stages during the process. Detailed actions for each HLG are shown in Appendix I, these actions are strategic in nature and do not relate to the physical environment or land use. Any future actions, which may include specifications such as those relating to the location of development, would have to be considered in later in the LECP preparation/AA screening process. Table 4.2- Assessment of potential for the achievement of High Level Goals to result in adverse impact on European sites
High Level Goal
Potential for Significant Effects on European Sites This HLG is strategic in nature and does not relate to the physical environment or land use and are concerned primarily with service delivery. Any projects that may be developed in order to achieve these goals will proceed within the framework of the Cork City Development Plan. It is concluded that there is no potential for adverse effects on European sites. This HLG is strategic in nature and does not relate to the physical environment or land use and are concerned primarily with service delivery. Any projects that may be developed in order to achieve these goals will proceed within the framework of the Cork City Development Plan. It is concluded that there is no potential for adverse effects on European sites. This HLG is strategic in nature and does not relate to the physical environment or land use and are concerned primarily with service delivery. Any projects that may be developed in order to achieve these goals will proceed within the framework of the Cork City Development Plan. It is concluded that there is no potential for adverse effects on European sites. This HLG is strategic in nature and does not relate to the physical environment or land use and are concerned primarily with service delivery. Any projects that may be developed in order to achieve these goals will proceed within the framework of the Cork City Development Plan.
HLG1: A City Valuing Health and Wellbeing
HLG2: A City Built on Partnership, Inclusion and Equality
HLG3: A City of Learning and Culture
HLG4: A City Driving Economic & Enterprise Development
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Client:
Cork City Council
Date:
March 2024
Project Title: Cork City LECP 2024-2029 Document Title: Appropriate Assessment Screening Report
Document Issue: draft
It is concluded that there is no potential for adverse effects on European sites. This HLG is strategic in nature and does not relate to the physical environment or land use and are concerned primarily with service delivery. Any projects that may be developed in order to achieve these goals will proceed within the framework of the Cork City Development Plan. It is concluded that there is no potential for adverse effects on European sites. This HLG is strategic in nature and does not relate to the physical environment or land use and are concerned primarily with service delivery. Any projects that may be developed in order to achieve these goals will proceed within the framework of the Cork City Development Plan. It is concluded that there is no potential for adverse effects on European sites.
HLG5: A City of Safe, Accessible & Resilient Neighbourhoods
HLG6: A City Leading on Sustainability & Climate Action
4.3 Likely Cumulative Impact of the Proposed Plan on European Sites, in-combination with other projects and plans Article 6(3) of the Habitats Directive requires an assessment of a plan or project to consider other plans or programmes that might, in combinations with the plan or project, have the potential to adversely impact upon European sites. The High Level Goals and actions therein (see Appendix 1) of the draft LECP are consistent with the existing Cork City Development Plan (CDP), which has undergone Stage II AA. The AA of the CDP found that the Plan was formulated to ensure that uses, developments and effects arising from permissions based upon the Plan (either individually or in combination with other plans or projects) shall not give rise to significant effects on the integrity of any Natura 2000 sites. The policies and objectives of the CDP will apply to LECP as relevant thereby helping to ensure the avoidance of likely significant effects to European Sites. The LECP does not set a framework for future development consents – this is done by the other set of plans, programmes and processes which are subject to SEA, EIA and/or AA as appropriate- nor does it determine the use of areas within these overarching plans. Plans, programmes and projects related to sectors outside of local authority land use planning will undergo Appropriate Assessment as required. Such procedures associated with this are overseen by the relevant governmental competent authority. It is a requirement that each LECP is in accordance with, inter alia, the relevant plans/strategies at county and regional level which are subject to their own AA processes. It is noted that the emerging LECP, currently comprising the Draft Socio-Economic Statement and High Level Goals, does not currently introduce other activities or processes than those described in plans and programmes that are already in place and it must be consistent with the provisions of such plans and programmes. Taking into account all of the above it is determined that there are no ‘in-combination’ effects arising from the High Level Goals and actions contained therein. It is noted that AA Screening will be updated at relevant stages throughout the LECP preparation process.
21
Client:
Cork City Council
Date:
March 2024
Project Title: Cork City LECP 2024-2029 Document Title: Appropriate Assessment Screening Report
Document Issue: draft
5 ARTICLE 6(3) APPROPRIATE ASSESSMENT SCREENING STATEMENT AND CONCLUSIONS The findings of this Screening Assessment are presented following the European Commission’s Assessment of Plans and Projects Significantly affecting Natura 2000 Sites: Methodological Guidance on the provisions of Article 6(3) and 6(4) of the Habitats Directive 92/43/EEC (EC, 2021) and Managing Natura 2000 Sites: the provisions of Article 6 of the ‘Habitats’ Directive 92/43/EEC (EC, 2018) as well as the Department of the Environment’s Appropriate Assessment of Plans and Projects in Ireland - Guidance for Planning Authorities (DoEHLG, 2010). The requirement for a Stage 2 AA would arise if the Draft LECP were likely to have significant effects on a Natura 2000 site. This screening report evaluates the Draft Socio-Economic Statement and High Level Goals as part of the Cork City Local Economic and Community Plan (LECP) to determine if it needs to be the subject of a Stage 2 AA. The AA Screening finds that the Draft Socio-Economic Statement and High Level Goals shall not give rise to significant effects on the integrity of any Natura 2000 sites. Therefore, in accordance with the methodological guidance on the provision of Article 6(3) and (4) of the Habitats Directive 92/43/EEC, it is concluded that the Draft Socio-Economic Statement and High Level Goals of the LECP does not require any further assessment to demonstrate compliance with the Directive. Following detailed review and assessment it is considered that the draft Cork City LECP will not result in likely significant effects to European Sites. This assessment is derived from consideration of the following factors: • The plan is a statutory plan and is wholly consistent with the landuse zoning objectives of the Cork City Development Plan 2022-2028 which was subject to full SEA and AA. • The plan sits beneath the Cork City Development Plan 2022-2028 within the statutory planning hierarchy • The existing environmental protection measures of the Cork City Development Plan 2022-2028 as detailed in the NIR and SEA of the respective plan. • The scale, nature and extent of LECP proposals which will not give rise to any land use activities that could result in impacts to European Sites not already addressed as part of the Cork City Development Plan 2022-2028, and Appropriate Assessment. In light of the findings of this report it is the considered view of the authors of this Screening Report for Appropriate Assessment that it can be concluded by Cork City Council that the Cork City LECP is not likely, alone or in-combination with other plans or projects, to have a significant effect on any European Sites in view of their Conservation Objectives.
.
22
Client:
Cork City Council
Date:
March 2024
Project Title: Cork City LECP 2024-2029 Document Title: Appropriate Assessment Screening Report
Document Issue: draft
6 References CIEEM (2018) Guidelines for Ecological Impact Assessment in the UK and Ireland: Terrestrial, Freshwater, Coastal and Marine. Chartered Institute of Ecology and Environmental Management, Winchester. DoEHLG (2010). Appropriate Assessment of Plans and Projects in Ireland: Guidance for Planning Authorities. National Parks and Wildlife Service, Department of the Environment, Heritage and Local Government. Dublin. European Commission (2021) 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 (2018) Managing Natura 2000 Sites: The Provisions of Article 6 of the ‘Habitats Directive’92/43/EEC. European Union Habitats Directive, (1992) Council Directives 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora. European Union Birds Directive (2009) Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds (codified version).
OPR PN01: Appropriate Assessment Screening for Development Management (2021)
Scott Wilson and Levett-Therivel, (2006). Appropriate Assessment of Plans. Scott Wilson, Levett-Therivel Sustainability Consultants, Treweek Environmental Consultants and Land Use Consultants.
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