A Screening report for Appropriate Assessment has been undertaken and accompanies the Draft LECP and this SEA Screening report. The AA screening notes: "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: 1. The plan is a non-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. 2. The plan sits beneath the Cork City Development Plan 2022-2028 within the statutory planning hierarchy 3. The existing environmental protection measures of the Cork City Development Plan 2022-2028 as detailed in the NIR and SEA of the respective plan. 4. 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."
4.2 Draft Strategic Environmental Assessment Screening Determination
The Draft Plan is being screened under the requirement for SEA in accordance with the following legislation: • Directive 2001/42/EC (SEA Directive) and particularly Articles 3(3), 3(4) & 3(5) relate to ‘Screening’ for the requirement for SEA. • S.I. No. 435 of 2004 European Communities (Environmental Assessment of Certain Plans and Programmes) Regulations 2004, as amended by S.I. No. 200 of 2011- European Communities (Environmental Assessment of Certain Plans and Programmes) (Amendment) Regulations 2011. • Schedule 2A of the Planning and Development Regulations 2001, as amended, which sets out the “Criteria for determining whether a plan or programme is likely to have significant effects on the environment” Section 9 (1) of the (2004) Regulations (S.I. No. 435) (as amended) states “ subject to sub-article (2), an environmental assessment shall be carried out for all plans and programmes (a) which are prepared for agriculture, forestry, fisheries , energy, industry, transport, waste management, water management, telecommunications, tourism and town and country planning or land use, and which set the framework for future development consent of projects listed in Annexes I and II to the Environmental Impact Assessment Directive, or ” (b) which are not directly connected with or necessary to the management of a European site but, either individually or in combination with other plans, are likely to have a significant effect on any such site .” The Draft Plan (Cork City Council LECP 2024-2029) does not provide consent, establish a framework for granting consent or contribute towards a framework for granting consent. Thus, the Draft Plan will not
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