Habitat Directive Assessment Natura Impact Report Draft Tralee - Killarney Hub Area Local Area Plan 2013-2019
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Habitat Directive Assessment
Natura Impact Report
of the
Draft Tralee – Killarney
Hub Area Local Area Plan 2013-2019
and of the
related / complementary variation to the
Kerry County Development Plan 2009-
2015
IN ACCORDANCE WITH THE REQUIREMENTS OF ARTICLE 6
OF THE
EU HABITATS DIRECTIVE 92/43/EEC
TABLE OF CONTENTS
1. Executive Summary .......................................................................3
1.1. Introduction....................................................................................................3
1.2. Stage I Screening ...........................................................................................3
1.3. Stage II Appropriate Assessment / Natura Impact Report.............................4
1.4. Conclusion .....................................................................................................4
2. Introduction to Habitats Directive Assessment and to Stage
One Screening ...........................................................................................5
2.1. Introduction....................................................................................................5
2.2. The requirement for Habitats Directive Assessment .....................................5
2.3. The purpose of Habitats Directive Assessment .............................................8
2.4. Overview of Habitats Directive Assessment Process in relation to the
preparation of the Hub FALAP and related / complimentary variation to the Kerry
County Development Plan 2009-2015.......................................................................8
2.5. Introduction to Stage One Screening ...........................................................10
3. Description of the plan and other plans and projects that,
‘in combination’, have the potential to have significant effects on a
European or Natura 2000 site................................................................11
3.1. Introduction..................................................................................................11
3.2. Description of the Plan.................................................................................11
3.3. Description of other strategies and plans reviewed to identify potential in-
combination effects on Natura 2000 Sites. ..............................................................13
3.4. Key elements of the plan, alone or in combination with other projects or
plans, that were considered to have the potential for having significant effects on
Natura 2000 sites......................................................................................................20
4. Characteristics of the Natura 2000 Sites ....................................21
4.1. Introduction..................................................................................................21
4.2. Identification and consideration of Natura 2000 sites located within or
immediately adjoining the plan area in situ and ex situ...........................................21
4.3. Summary of key issues identified as being of importance in maintaining site
integrity ....................................................................................................................48
4.4. Natura 2000 sites which may be potentially affected by the Plan ...............50
5. Assessment of the significance of any impacts on Natura 2000
Sites ........................................................................................................51
5.1. Introduction..................................................................................................51
5.2. Data sources, consultation, gaps and limitations .........................................51
5.3. Detailed Screening for Potential Effects on Natura 2000 Sites ...................53
5.4. Detailed screening of the plans key policies and strategies for potential
effects on Natura 2000 Sites ....................................................................................74
5.5. Summary and Recommendations from the Detailed Screening for Potential
Effects on Natura 2000 Sites....................................................................................80
6. Stage II Appropriate Assessment – Natura Impact Report .....81
6.1. Introduction..................................................................................................81
6.2. Likely significant effects of the Plan of Natura 2000 sites..........................81
7. Appropriate Assessment Conclusion and Determination
Statements................................................................................................89
7.1. Conclusion ...................................................................................................89
7.2. Determination Statements............................................................................89
PLANNING POLICY UNIT
KERRY COUNTY COUNCIL
March 2013.
1. Executive Summary
1.1. Introduction
For the purposes of this report and assessment the draft Hub Tralee - Killarney Functional
Area Local Area Plan and the Related / Complementary Variation to the Kerry County
Development Plan 2009-2015 are taken to be ‘the plan’.
There are a considerable number of environmental designations in the vicinity of the plan
area and accordingly attention and care were given at the plan formulation stage to ensure
that objectives, policies and supporting text were framed so as to ensure that the special
interest of these was not undermined.
This report, a Habitats Directive Assessment Natura Impact Report, is an assessment of
potential impacts of the plan on Natura 2000 sites, which are nature conservation sites of
international importance.
1.2. Stage I Screening
Following a detailed and objective screening exercise, which among other things
considered potential for cumulative and in combination effects in light of the
characteristics and specific environmental conditions of the Natura 2000 sites.
The following aspects of the plan were identified at Stage One Screening Stage, as having
the potent to have significant effects on Natura 2000 sites and accordingly underwent
Stage II Appropriate Assessment / Natura Impact Report.
Proposal Plan / Map Location Natura 2000 sites potentially
impacted
1. Passive Open Tralee Between Tralee • Tralee Bay Complex
Space Amenity Environs and SPA (Site Code 004188)
Zoning Blennerville
• Tralee Bay and
Magharees Peninsula
West Cloghane cSAC
(Site Code 002070)
2. Mixed use Tralee Blennerville • Tralee Bay Complex
Zoning Environs SPA (Site Code 004188)
• Tralee Bay and
Magharees Peninsula
West Cloghane cSAC
(Site Code 002070)
PLANNING POLICY UNIT
KERRY COUNTY COUNCIL
March 2013. 3
2. Business Park, , Killarney North and East • Killarney National Park,
Mixed Use, Light Environs of the Town Macgillycuddy’s Reeks
Industry Zonings and River Caragh
Catchment SAC (Site
Code 000365)
4. N22 Farranfore Various Farranfore – • Killarney National Park,
to Killarney Road Killarney Macgillycuddy’s Reeks
Improvement and River Caragh
Scheme Indicative Catchment SAC (Site
Route Code 000365)
• Castlemaine Harbour
SAC (Site Code 000343)
• Sheheree (Ardagh) Bog
SAC (Site Code SAC
000382)
1.3. Stage II Appropriate Assessment / Natura Impact Report
Where potential significant impacts on Natura 2000 sites were identified, mitigation
measures were proposed to reduce or eliminate the impact. These recommendations are
contained and highlighted in S.6 of this report.
In line with best practice, a hierarchy of mitigation, beginning with avoidance was
followed. As part of this, modifications to zoning maps and the addition of objectives,
caveats and / or changes to the wording of supporting text were recommended.
It is considered that the recommended modifications as outlined in this report are sufficient
to ensure that adverse impacts on the integrity of Natura 2000 sites will be avoided.
1.4. Conclusion
This report concludes that the plan, either by itself or in combination with other plans and
projects, would not adversely impact on the integrity of Natura 2000 sites – provided that
the recommended modifications as set out in S.6 of this report are incorporated into the
plan.
PLANNING POLICY UNIT
KERRY COUNTY COUNCIL
March 2013. 4
2. Introduction to Habitats Directive Assessment and to Stage One Screening 2.1. Introduction Kerry County Council is currently preparing a local area plan for the Tralee – Killarney Hub Functional Areas. The extent of the plan area and the settlement hierarchy within the plan area are shown in Figure 2-1 and Figure 2-2. This local area plan contains an overall strategy for the development of these areas and a review of the settlements within the areas based on this strategy and consistent with that of the current County Development Plan (CDP) for Kerry. The 2009-2015 Kerry CDP came into effect on the 4th of May 2009. That CDP sets out a strategic spatial framework within which to guide development in the County over the period of the Plan from 2009 – 2015. A Screening report for the County Development Plan concluded that the Plan would not significantly adversely impact on Natura 2000 Sites. The CDP has subsequently been varied a number of times, each of which was subject to Habitats Directive Assessment. This Habitat Directive Assessment forms part of this initial stage of the plan making process. The draft plan and the related / complementary variation to the Kerry County Development Plan 2009-2015 are being considered at this stage to assess if there is likely to be a significant effect or adverse effect on any Natura 2000 site. Following the public consultation period, any proposed amendments will be further assessed in order to assess their impacts. The proactive approach allows for the adjustment of the policies and proposals of the Plan (and the related / complementary variation to the County Development Plan) prior to adoption. This approach will ensure that significant adverse impacts on Natura 2000 sites are avoided. 2.2. The requirement for Habitats Directive Assessment The Habitats Directive Assessment (HDA), also known as Appropriate Assessment, is a requirement under the Habitats Directive 92/43/EEC. This Directive indicates the need for plans and projects to be subject to Habitats Directive Assessment if the plan or project is not directly connected with or necessary to the management of a Natura 2000 site, but is likely to have a significant effect either individually or in combination with other plans or projects on Natura 2000 sites. This was reinforced in the ECJ ruling against Ireland in Case 418/04. PLANNING POLICY UNIT KERRY COUNTY COUNCIL March 2013. 5
Figure 2-1 The Plan Area*
*lands located within the functional areas of Tralee and Killarney Town Councils are not located
within this plan area
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March 2013. 6
Figure 2-2 Settlement Hierarchy in the Plan Area PLANNING POLICY UNIT KERRY COUNTY COUNCIL March 2013. 7
2.3. The purpose of Habitats Directive Assessment Principally the purpose of a Habitats Directive Assessment is to identify the possible effects of implementing a plan (or project) on the conservation status of designated Natura 2000 sites within sphere of influence of the plan (or project). The Directive 92/43/EEC on the Conservation of Natural Habitats and Wild Flora and Fauna – the ‘Habitats Directive’ provides legal protection for habitats and species of European importance. Article 2 of the Habitats Directive requires the maintenance or restoration of habitats and species of interest to the EU in a favourable condition. The Directive was transposed into Irish law by the European Communities (Natural Habitats) Regulations, SI 94/1997. Under Article 6(3) of the Habitats Directive an Appropriate Assessment must be undertaken for any plan or program that is likely to have a significant effect on the conservation objectives of a Natura 2000 site. Article 6 paragraph 3 states:- Any plan or project not directly connected with or necessary to the management of the site but likely to have a significant effect thereon, either individually or in combination with other plans or projects, shall be subject to appropriate assessment of its implications for the site in view of the site’s conservation objectives. In the light of the conclusions of the assessment of the implications for the site and subject to the provisions of paragraph 4, the competent national authorities shall agree to the plan or project only after having ascertained that it will not adversely affect the integrity of the site concerned and, if appropriate, after having obtained the opinion of the general public. In summary, a HDA is an evaluation of the potential impacts of a plan on the conservation objectives of a Natura 2000 site, and the development, where necessary, of mitigation or avoidance measures to preclude negative effects. Principally the purpose of a HDA is to identify the possible effects of implementing a Plan on the conservation status of designated Natura 2000 sites. In a situation where it is not possible to fully demonstrate that adverse effects on the site integrity would occur, options must be explored so that any risk of damaging designated sites is avoided. Plans can only be permitted after having ascertained that there will be no significant adverse effect on the integrity of the sites in question. Components within a plan, such as objectives or proposals, can be adjusted or removed to avoid significant adverse impacts prior to implementation. The plan may also proceed if sufficient mitigation or compensation measures are in place to ensure the overall integrity of Natura 2000 sites. 2.4. Overview of Habitats Directive Assessment Process in relation to the preparation of the Hub FALAP and related / complimentary variation to the Kerry County Development Plan 2009-2015. In the preparation of this assessment reference has been made to the following documents:- • Appropriate Assessment of Plans and Projects in Ireland – Guidance for Planning Authorities (2009). • European Commissions: Managing Natura 2000 Sites. The provisions of Article 6, of the ‘Habitats’ Directive 92/43/EEC PLANNING POLICY UNIT KERRY COUNTY COUNCIL March 2013. 8
• European Commission: 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 • Guidance document on Article 6(4) of 'Habitats Directive' 92/43/EEC • Department of the Environment Heritage and Local Government (DEHLG) Circular letter SEA 1/08 & NPWS 1/08 dated 15 February, 2008. • Department of the Environment (1994). Planning and Policy Guidance: Nature Conservation (PPG9) (HMSO). The circular mentioned above refers to the recent ruling against Ireland in Case 418/04 EC Commission v Ireland. The ruling relates to Ireland’s transposition and implementation of the Birds Directive 79/409/EEC, as well as its implementation of relevant articles of the Habitats Directive 92/43/EEC. The ruling among other things clarifies that Ireland has not correctly transposed Article 6(3) and 6(4) of the Habitats Directive 92/43/EEC by not providing explicitly for appropriate assessment of land use plans, as opposed to projects (paragraphs 222 to 234 of the ruling). Accordingly, any draft land use plan (development plans, local area plans, regional planning guidelines, schemes for strategic development zones) or amendment/variation to it proposed under the Planning and Development Act 2000 (as amended) must be screened for any potential impact on areas designated as Natura 2000 sites (normally called Special Areas of Conservation (SACs) or Special Protection Areas (SPAs). This screening should be based on any ecological information available to the authority and an adequate description of the plan and its likely environmental impacts. This should take into account any policies that will set the terms for future development. The results of the screening should be recorded and made available to the public. In any case where, following screening, it is found that the draft plan or amendment may have an impact on the conservation objectives of a Natura 2000 site or that such an impact cannot be ruled out, adopting a precautionary approach an appropriate assessment of the plan must be carried out and - in any case where a strategic environmental assessment (SEA) would not otherwise be required, it must also be carried out”. The provisions of Art. 6(4) of the Habitats Directive apply when the results of the preliminary assessment under Art. 6(3) are negative or uncertain. That is: 1. The plan or project will adversely affect the integrity of the site 2. Doubts remain as to the absence of adverse effects on the integrity of the site linked to the plan or project concerned. The European Commission’s Methodological Guidance recommends a 4 stage approach:- Stage 1 Screening: Determining whether the plan ‘either alone or in combination with other plans or projects’ is likely to have a significant effect on a Natura 2000 site. Stage 2 Appropriate Assessment: Determining whether, in view of the site’s conservation objectives, the plan ‘either alone or in combination with other plans or PLANNING POLICY UNIT KERRY COUNTY COUNCIL March 2013. 9
projects’ would have an adverse effect (or risk of this) on the integrity of the site. If not, the plan can proceed. Stage 3: Assessment of Alternative Solutions: Where it has not been proven that measures considered will not avoid or mitigate the adverse affect on the Natura 2000 site, then an assessment of the alternatives will be required; and if none are acceptable then stage 4 is required to be considered. Stage 4 Assessment where no Alternative Solutions Exist and where Adverse Impacts Remain This will involve assessment where the Plan is considered to result in adverse impacts on the Natura 2000 site and no alternative solutions remain – the imperative reasons of overriding public interest (IROPI) test must be met before authorisation, permission or adoption of the Plan is agreed. This includes the agreement of compensatory measures. 2.5. Introduction to Stage One Screening The Screening Stage of the report is used to identify whether the Plan, either alone or in combination with other plans or projects, is likely to have a significant effect on a Natura 2000 site. This report follows European Commission (2001) guidance which recommends that screening should follow a four step process as outlined below:- Step one: Determine whether the plan is directly connected with or necessary to the management of the site. If it is, then no further assessment is necessary. Step two: Describe the plan and other plans and projects that, ‘in combination’, have the potential to have significant effects on a European site. Step three: Identify the potential effects on the European site. Step four: Assess the significance of any effects on the European site. As the Hub FALAP and the Kerry County Development Plan are land use plans and are not directly connected with or necessary to the management of any Natura 2000 site, this assessment will proceed to step two of the process. The results and recommendations of the Stage One Screening Process are outlined in Section 4 of this report. PLANNING POLICY UNIT KERRY COUNTY COUNCIL March 2013. 10
3. Description of the plan and other plans and projects that, ‘in combination’, have the potential to have significant effects on a European or Natura 2000 site 3.1. Introduction This is the second step of the Stage One Screening process and provides a description of the plan and other plans and projects that, ‘in combination’, have the potential to have significant effects on a European or Natura 2000 site 3.2. Description of the Plan For the purposes of this HDA, the ‘plan’ is taken to be the proposed Draft Tralee – Killarney Hub Functional Area Local Area Plan 2013-2019 in addition to the related / complementary variation to the Kerry County Development Plan 2009-2015. The Planning and Development Act (2000-2010) (as amended) requires a Planning Authority to make/review a local area plan for a specific area every six years. It is in this context that the existing plans for the area are being reviewed. The adopted local area plan for the Hub Functional Area will then be the new statutory plan for the area. The Functional Area Local Area Plan sets out an overall strategy for the proper planning and sustainable development of the functional area. The plan addresses a range of development pressures and needs that are facing the area during the plan period and beyond. In doing so, it sets out objectives to guide planning decisions and the activities of the Planning Authority over the period 2013-2019. The Local Area Plan sits within a hierarchy of other adopted plans and national policy framework which include the National Spatial Strategy (NSS); National Development Plan (NDP); Regional Waste Management Plan 2004-2020; the South Western Regional Planning Guidelines and the Kerry County Development Plan 2009-2015. The overall aim for the plan is to provide a comprehensive local planning framework for the functional area which clearly sets out the policies and objectives for its development. Taken in conjunction with the Regional Planning Guidelines and the County Development Plan it will complete the planning framework for the area. The plan will clearly set out the policies and objectives for the development of each settlement and make clear to landowners, developers and agents the vision of the Planning Authority for the area. The local area plan sets out a framework for the sustainable development of the functional area so that growth takes place in a co-ordinated and orderly manner, whilst protecting and preserving the areas intrinsic character, heritage and amenity and making a positive contribution to an improvement in the quality of life. The Hub FALAP consists of strategy, policies, objectives and land use maps for the functional area. The FALAP comprises of policies and zoning maps for the towns and villages and defined boundaries for each settlement. Lands located outside of the PLANNING POLICY UNIT KERRY COUNTY COUNCIL March 2013. 11
settlement boundaries will be zoned for rural general development purposes or as
otherwise indicated and defined in the Kerry County Development Plan 2009-2015.
The Plan also contains development management guidelines to ensure that the agreed
aims, strategic objectives and policies are complied with from adoption in 2013 until 2019
unless amended. The plan will last for a period of 6 years from its adoption which is
anticipated will be in 2013. The related variation to the County Development Plan will be
required in order to give effect to the FALAP and in order to allow for the amendment of
the settlement boundaries.
The development strategy promotes the Hub towns of Tralee and Killarney as the main
focus for development within the Plan area offering the greatest potential for economic,
social and cultural development. Within the FALAP, these are supported by the towns of
Milltown, Castlemaine, Ballyheigue and Farranfore and the villages of Abbeydorney,
Ardfert , Causeway, Fenit, Kilflynn, Lixnaw, The Spa, Beaufort, Boolteens, Camp, Firies,
Fossa, Barraduff and Kilcummin.
In relation to the settlements, it is the generally the strategy of the FALAP to ensure that
they retain their current level of service provision and develop as attractive settlements
while maintaining their existing character and to facilitate focused infrastructural provision
/ upgrading, where appropriate and in a sustainable manner, in order to consolidate their
role.
The following are the stated overall objectives of the Plan
Objective OVERALL OBJECTIVES
It is an objective of the council to;
OO-1 Provide an improved quality of life for all citizens of the plan area by
promoting the areas economic potential, protect its natural and built
environment and safeguarding its cultural heritage.
OO-2 Provide for the development of the area in a manner which is
environmentally sustainable and protects its social, cultural, environmental
and economic assets for future generations.
OO-3 Provide for balanced growth throughout the area by promoting the
strengthening of rural communities and providing the infrastructure to
facilitate job creation and diversification in these areas in an
environmentally sustainable manner at appropriate locations. Promote and
foster local entrepreneurial activity and encouraging innovative and
sustainable economic activity.
OO-4 Strengthen the town and villages throughout the area, improve the
infrastructure provided, sustainably develop the critical mass necessary to
maintain and expand the service provision within them, and make them
more attractive places in which to live while protecting features of
biodiversity and cultural importance.
PLANNING POLICY UNIT
KERRY COUNTY COUNCIL
March 2013. 12The related / complementary variation to the Kerry County Development Plan 2009 –
2015
The reason for the related variation to the Kerry County Development Plan 2009 – 2015 is
to incorporate the provisions of the Functional Area Local Area Plan and to amend the
zoning of lands within the plan area, including those at and adjacent to the settlements so
as to reflect the provisions of the FALAP.
The related variation seeks to amend existing zonings within these settlements and the
contiguous rural areas. In certain instances, the variation also seeks to amend zonings
outside of the settlements. In addition the variation would give effect to Objective SS 3-
10(a) of the County Development Plan which states:- It is an objective of the Council to
‘Prepare local area plans for each of the functional areas of the County during the lifetime
of the plan in accordance with relevant legislation including the Planning and
Development (Strategic Environmental Assessment) Regulations 2004’.
The variation will involve the inclusion of a map indicating the extent of the Functional
Areas Local Area Plan and indicating the settlements within this plan. The maps which
will be included as part of the variation will be included in the County Development Plan
indicating the area of the Functional Area Local Area Plan and also the settlements
contained within it for which policies, objectives and zoning provisions have been
included within the Functional Area Local Area Plan.
As part of the variation maps of the Kerry County Development Plan 2009-2015 will be
amended to reflect the amendments to rural zoning and the urban zoning of the settlements
in accordance with the provisions of the Functional Area Local Area Plan.
3.3. Description of other strategies and plans reviewed to identify
potential in-combination effects on Natura 2000 Sites.
In this section of the report, other strategies, plans, programmes and projects are described
in order to consider the potential for ‘in combination’ effects. ‘In combination’ is taken to
refer to the cumulative effect of influences acting on sites from all plans and projects in the
context of prevailing environmental conditions. Underlying environmental trends such as
sea level rises, climate change and increased flood risk were also taken into account.
Strategy/Plan/ Overview of Policy Direction:
Programme/
Project
UN Convention The UN Convention on Biological Diversity was a direct result of the Earth Summit
on Biological in Rio de Janeiro. It came into force in 1993, being ratified by Ireland in 1996. Its
Diversity objective is the conservation of global biodiversity, as well as to ensure equitable
access to the world’s genetic resources.
It requires each party to develop strategies, plans or programmes for the
conservation and sustainable use of biological diversity and that these should be
integrated into other national initiatives that may have biodiversity implications.
Monitoring programmes and appropriate designations for protected areas must be
established, while undesirable alien species which threaten ecosystems should be
controlled. In April 2002, the Parties to the Convention committed themselves to
achieve, by 2010, a significant reduction of the current rate of biodiversity loss at
global, regional and national levels.
PLANNING POLICY UNIT
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March 2013. 13Strategy/Plan/ Overview of Policy Direction:
Programme/
Project
Agenda 21 Agenda 21 was the main outcome of the United Nations’ Conference on
Environment and Development that was held in Rio de Janeiro in 1992. That
Conference endorsed the concept of sustainable development, requiring that
economic growth must be compatible with the needs of both present and future
generations and that environmental protection should form an integral part of the
development process. These principles are required to be supported by a
precautionary approach, which ensures that an absence of complete scientific
certainty is not a justification of postponing measures to prevent environmental
degradation. The key role of EIA is stressed in respect of activities that may have a
significant affect on the environment. Local Agenda 21 aims to promote sustainable
development at local and regional level.
Johannesburg This international policy initiative sets out an action plan for the implementation of
Plan of the activities adopted at the World Summit on Sustainable Development in 2002. It
Implementation covers topics such as poverty eradication, changing unsustainable patterns of
production and consumption, managing natural resources, sustainable development
and other aspects of the implementation of Agenda 21.
Kyoto Protocol The Kyoto Protocol is an agreement made under the United Nations’ Framework
Convention on Climate Change. It was decided in December 1997 and entered into
force on 16 February 2005. Its objective is to substantially reduce greenhouse gas
emissions as a response to climate change. Developed countries, the so-called Annex
I states, have to reduce their greenhouse gas emissions by a collective average of 5%
below their 1990 levels. An Annex I country which fails to meet its Kyoto
obligation is subject to possible penalties, although the Protocol also makes
provision for flexible mechanisms which permit the purchasing of greenhouse gas
emission allowances from other states. The National Climate Change Strategy sets
out how Ireland is participating in this process.
The European The Integrated Maritime Policy Action Plan from 2007 set out a particularly
Integrated ambitious work programme. It included new working methods, cross-cutting tools
Maritime Policy and a wide range of specific actions that aimed to benefit the maritime economy,
and Action Plan protect marine environment, strengthen research and innovation, foster development
(2007) in coastal and outermost regions, address international maritime affairs, and raise the
visibility of Europe's maritime dimension.
Sustainable The aim outlined for Ireland in our first sustainable development strategy, published
Development – A in 1997, was "to ensure that economy and society in Ireland can develop to their full
Strategy for potential within a well protected environment, without compromising the quality of
Ireland 1997 that environment and with responsibility towards present and future generations and
the wider international community".
The principal goals and polices defined in the 1997 publication Sustainable
Development: A Strategy for Ireland continue to inform the development and
delivery of policies and programmes in the area of environmental protection and
sustainable development. The integration of environmental considerations into other
policy areas is a key means of securing balanced development.
National Spatial The identification of development corridors is only the initial step in the process of
Strategy 2002- balanced regional development. The success of the spatial strategy in its role of
2020 achieving strong and sustainable economic growth is dependent on a number of
factors including the development of an area’s Potential, Critical Mass and
Linkages.
The NSS, prepared by the Department of the Environment, Heritage and Local
Government is a twenty-year planning framework designed to achieve a better
balance of social, economic, and physical development, and population growth
between regions. Its focus is on people, on places and on building communities.
PLANNING POLICY UNIT
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March 2013. 14Strategy/Plan/ Overview of Policy Direction:
Programme/
Project
Implementation of the NSS at regional and local level is through the formulation of
guidelines, integrated planning frameworks, Development Plans and strategies.
The NSS has identified the important need to support the role of smaller towns,
villages and rural areas at the local level.
Making Ireland’s This document focuses on the link between economic activity and pressures on the
Development environment. Sustainable development emerged as an idea in the late 1980s and led
Sustainable 2002 to the Earth Summit in Rio de Janeiro in 1992. At the Summit, world leaders agreed
to implement an action programme for sustainable development called, Agenda 21.
The Irish Government published Sustainable Development: A Strategy for Ireland in
1997 which applies Agenda 21 in Irish circumstances.
Making Ireland’s Development Sustainable reviews progress with sustainable
development in Ireland since Rio, assesses the challenge we now face and sets out
policies and actions to meet that challenge.
National Climate This National Climate Change Strategy 2007-2012 was published in April 2007,
Change Strategy, develops from the 2000 Climate Change Strategy, and it builds on the commitment
2007-2012 to sustainable development set out in Towards 2016 taking into account the review
contained in Ireland’s Pathway to Kyoto Compliance (2006). Its purpose is to
demonstrate how Ireland is to meet its 2008-2012 Kyoto commitments and to
identify further policy measures needed for the period from 2012 and after 2020.
National The National Development Plan 2007 – 2013 Transforming Ireland — A Better
Development Quality of Life for All is a blueprint for the economic and social development of the
Plan 2007- 2013 Country up until 2013. One of the principal objectives of the plan is to promote
balanced regional development. This plan builds on the previous NDP which
identified the need for a National Spatial Strategy, in order to promote regional
development throughout the country by the identification of a number of
development corridors as Gateways and Hubs in individual regions. These
development corridors have been designated to act as development growth areas that
will be promoted in terms of infrastructure and investment to act as economic
drivers for their region.
The five ‘Investment Priorities’ of the plan are Economic Infrastructure; Enterprise,
Science and Innovation; Human Capital; Social Infrastructure; and Social Inclusion.
Delivering a Sub-titled the Energy Policy Framework 2007–2020, this document addresses how
Sustainable Ireland is to respond to international energy supply issues in the context of severe
Energy Future limitations on indigenous fuel supplies. Recognising that 90% of energy is currently
For Ireland - The imported the White Paper sets down a series of strategic goals.
Energy Policy
Framework 2007 These include actions relating to security of energy supply, of which the
– 2020 (White development of additional electrical inter-connectors with other European Countries
Paper) is a particular priority. Other measures include ensuring fuel diversity, the upgrading
of the national transmission networks, stimulating hydrocarbon exploration and
contingency planning in respect of possible energy supply disruption. The
sustainable supply and use of energy is also a theme, with policy proposals to
address climate change and energy efficiency. In relation to the use of renewables, a
highly ambitious 33% contribution to electricity generation by 2020 is proposed.
The main areas within which the strategic goals are framed are:
• Actions to ensure security of energy supply;
• Actions to promote the sustainability of energy supply and use;
• Actions to enhance competitiveness of energy supply;
Integrated approach to delivery.
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March 2013. 15Strategy/Plan/ Overview of Policy Direction:
Programme/
Project
Grid 25 (Eirgrid Eirgrid, which is the Transmission System Operator (TSO), has put in place an
2008) infrastructure initiative / strategy until 2025 (Grid 25) aimed at facilitating reliable,
secure and affordable electricity supplies throughout Ireland. Aims include:-
• Supporting growth in the regions and ensuring continued reliability and security
of supply;
• Providing high-quality, high voltage bulk power supply for Ireland that will
enable the different regions to attract in future industry and boost existing industry;
• Exploiting Ireland’s natural renewable sources of energy (wind and wave);
• Reducing Ireland’s carbon emissions by transmitting renewable energy in line
with Government policy;
• Increasing Ireland’s connectivity to the European Grid, allowing for both bulk
exports of electricity and imports of electricity when appropriate.
Actions for ‘Actions for Biodiversity 2011-2016’ builds upon the achievements of the previous
Biodiversity plan and focuses on actions that were not fully completed and addresses emerging
2011-2016. issues. It has been developed in line with the EU and International Biodiversity
Irelands National strategies and policies. The measures Ireland will take are presented as 102 actions
Biodiversity Plan under a series of 7 Strategic Objectives. The objectives cover the conservation of
(2011-2016) biodiversity in the wider countryside and in the marine environment, both within
and outside protected areas; the mainstreaming of biodiversity across the decision
making process in the State; the strengthening of the knowledge base on
biodiversity; increasing public awareness and participation; and Ireland’s
contribution to international biodiversity issues, including North South co-ordination
on issues of common interest.
National The purpose of the National Heritage Plan is to set out a clear and coherent strategy
Heritage Plan and framework for the protection and enhancement of Ireland’s heritage over the
2002 five years from 2002.
The goals of the National Heritage Plan are in line with the principles underlying the
Government’s Policy Statement on Heritage. The Plan is published with the
endorsement of the Government, in fulfilment of a clear commitment in the
Government’s Action Programme for the Millennium.
The Economic The DEHLG document The Economic and Social Aspects of Biodiversity – Benefits
and Social and Costs of Bio-diversity in Ireland made significant progress in identifying overall
Aspects of biodiversity patterns across the country and a map was produced indicating
Biodiversity – biodiversity index value.
Benefits and
Costs of Bio-
diversity in
Ireland
Waste Published in 1998, Waste Management - Changing our Ways, sets out a national
Management - policy framework for the adoption and implementation by local authorities of their
Changing Our waste management plans.
Ways (1998)
This was the first in a series of comprehensive government policy documents on the
management of waste in Ireland. It endorsed the integrated waste management
approach, based on the internationally adopted hierarchy of options which places
greatest emphasis on waste prevention, followed by minimisation, re-use, recycling,
energy recovery and finally, the environmentally sustainable disposal of residual
waste.
National Strategy The National Strategy for Biodegradable Waste was published in April 2006, being
for an obligation on Ireland under the Landfill Directive. An aim is to set out how the
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Biodegradable three progressive landfill diversion targets of the Directive are to have effect. While
Waste significant progress in the development of recycling and waste reclamation
initiatives is noted, the continuing national dependency on landfill is described as
substantial. It states that a major increase in recycling and biological treatment
capacity is necessary in order to facilitate the EU requirements for the diversion of
biodegradable municipal waste away from landfill.
National The Primary objective of the National Hazardous Waste Management Plan is to
Hazardous prevent the production of hazardous waste and to minimise the effect of hazardous
Waste waste on the environment.
Management
Plan The secondary objective is to manage hazardous waste in such a manner is to ensure
that environmental pollution is minimised and not transferred from one medium to
another; in other words to bring about a qualitative reduction in the quantity of
hazardous waste requiring management.
OPW Guidelines The OPW provide guidance on Planning Policy in relation to flooding. The policy
on which the Planning Authority should adopt is ‘Development should not itself be
Flood Risk 2005 subject to an inappropriate risk of flooding nor should it cause or exacerbate such a
risk at other locations’.
The Planning These guidelines require the planning system at national, regional and local levels
System and to:
Flood Risk
Management • Avoid development in areas at risk of flooding by not permitting
(DEHLG 2009) development in flood risk areas, particularly floodplains, unless where it is fully
justified that there are wider sustainability grounds for appropriate development and
unless the flood risk can be managed to an acceptable level without increasing flood
risk elsewhere and where possible, reducing flood risk overall;
• Adopt a sequential approach to flood risk management based on avoidance,
reduction and then mitigation of flood risk as the overall framework for assessing
the location of new development in the development
• Incorporate flood risk assessment into the process of making decisions on
planning applications and planning appeals.
Ensuring that the requirements of EU and national law in relation to the natural
environment and nature conservation are complied with at all stages of flood risk
management is a core objective of the draft guidelines.
Sustainable These guidelines set out in detail how the Government’s policies on rural housing
Rural Housing are to be implemented by planning authorities in making their development plans
Guidelines and in the operation of the development control system to ensure a vibrant future for
(DEHLG 2005) all rural areas.
While these guidelines facilitate the sustainable development of one-off houses in
the open countryside, they also make it clear that in considering development
proposals, including the attachment of planning conditions, planning authorities
should only consider approving proposals they are satisfied will not adversely affect
the integrity of Natura 2000 designated areas.
Sustainable This guidance document revises and updates the Residential Density Guidelines for
Residential Planning Authorities published in 1999. The guidelines are focused on creating
Development in sustainable communities by incorporating the highest design standards and
Urban Areas providing a coordinated approach to the delivery of essential infrastructure and
(DEHLG 2009) services.
Regional Strategic Goals
Tourism 1. Build on the region’s position as Ireland’s leading tourism destination outside of
Development Dublin, by focusing on innovative developments and marketing while delivering top
Plan 2008-20 quality experiences based on the region’s natural and cultural assets and well-
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(Fáilte Ireland established range of leisure and business tourism facilities.
South West)
Specifically:
• Deliver high quality nature-based holiday experiences integrating wellness with
adventure and related activities ‘Nature and Nurture’, based around established
tourism service centres in counties Kerry and Cork
• Position the City of Cork as a principal gateway to the region and as a major
urban destination for business and leisure visitors
• Exploit the maritime heritage and indigenous strengths of the region’s coastal
environs
• Capitalise on the tourism potential of country pursuits and the cultural and
linguistic heritage of the rural areas of Cork and Kerry.
2. Improve transportation links to and within the region
Water These provide for a programme of measures and a river basin management strategy,
Framework designed to achieve at least good status for all waters and to maintain high status
Directive / River where it exists. The plan area is located within the South West and Shannon
Basin International River Basin Districts. River Basin Management Plans, sub basin
Management management plans and programmes of measures have been developed for each of
Plans these River Basin Districts.
Waste Kerry, Limerick, Clare Waste Management Plan which covers the period from 2006-
Management 11. Cork City Council and Cork County Council carried out a joint Waste
Plans Management Strategy for Cork in 1995. These Plans detail the amount of waste
being generated in the Counties, the progress made since the previous Plans were
introduced and how it is proposed to minimize and treat the waste that is produced in
the Counties going forward. The concept of Reduction, Re-use and Recycling is
fundamental to Regions Waste Management Plans.
Kerry County The County Development Plan sets out an overall strategy for the proper planning
Development and sustainable development of the County. The following are the overall objectives
Plan 2009-2015 of the Plan.
OS 2-1: Provide an improved quality of life for all the citizens of the area by
promoting the area’s economic potential, protecting its natural and built environment
and safeguarding its cultural heritage.
OS 2-2: Provide for the development of the area in a manner which is sustainable
and protects its social, cultural, environmental and economic assets for future
generations and is compliant with relevant EU and national legislation.
OS 2-3: Provide for balanced growth throughout the area by promoting the
strengthening of rural communities and provide the infrastructure to facilitate job
creation in these areas.
OS 2-4: Strengthen towns and villages throughout the County, improve the
infrastructure provided, develop the critical mass necessary to maintain and expand
the service provision within them, and make them more attractive places in which to
live. In this plan, the term village is used to describe a close group of contiguous
dwellings and services including shops etc. with a defined urban structure. It does
not include a grouping of one-off rural housing dispersed over a townland or group
of townlands.
OS 2-5: Promote the development of the Tralee Killarney Hub as a means of
strengthening the economic base of the County and acting as a focus for inward
investment.
OS 2-6: Ensure that the existing provisions, including land-use zoning, of the
adopted Local Area Plans will remain in force pending their review during the
lifetime of this Plan.
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OS 2-7: Provide a high quality of design in private and public development,
increasing the quality of the public realm while maintaining the character, form and
settlement pattern of the villages.
OS 2-8: Provide the infrastructure and support for the development and expansion of
employment opportunities, including indigenous knowledge based industries.
OS 2-9: Protect the linguistic and cultural heritage of the County and promote Irish
as the living community language.
OS 2-10: Promote renewable energy measures and sustainable settlement patterns in
order to promote energy conservation and sustainable communities and travel
patterns in the future.
OS 2-11: Protect the landscape of the County as an economic asset in addition to its
intrinsic beauty and amenity value.
OS 2-12: Facilitate where possible, in accordance with proper planning and
sustainable development, family members on their own land.
OS 2-13: To ensure that the reduction of greenhouse gas emissions will be
incorporated into development management and policy formulation in the county.
OS 2-14: To protect and promote the natural biodiversity of the County through
development management and as a core principle of policy formulation.
OS 2-15: Ensure that all plans and programmes during the lifetime of this plan are
screened for the requirements of Directive 2001/42/EC on the assessment of the
effects of certain plans and programmes on the environment – The SEA Directive
and the associated Planning and Development (Strategic Environmental
Assessment) Regulations, 2004.
OS 2-8: Provide the infrastructure and support for the development and expansion of
employment opportunities, including indigenous knowledge based industries.
OS 2-9: Protect the linguistic and cultural heritage of the County and promote Irish
as the living community language. OS 2-10: Promote renewable energy measures
and sustainable settlement patterns in order to promote energy conservation and
sustainable communities and travel patterns in the future.
OS 2-11: Protect the landscape of the County as an economic asset in addition to its
intrinsic beauty and amenity value.
OS 2-12: Facilitate where possible, in accordance with proper planning and
sustainable development, family members on their own land.
OS 2-13: To ensure that the reduction of greenhouse gas emissions will be
incorporated into development management and policy formulation in the county.
OS 2-14: To protect and promote the natural biodiversity of the County through
development management and as a core principle of policy formulation.
OS 2-15: Ensure that all plans and programmes during the lifetime of this plan are
screened for the requirements of Directive 2001/42/EC on the assessment of the
effects of certain plans and programmes on the environment – The SEA Directive
and the associated Planning and Development (Strategic Environmental
Assessment) Regulations, 2004.
Kerry County This document outlines a series of policies aims and actions to deal with education,
Council Heritage access, research and management of the county’s heritage and biodiversity assets.
and Biodiversity
Plan 2008-2012
Kerry and A number of Noise Action Plans have been prepared by the Local Authorities in the
Limerick Noise Region to address environmental noise.
Action Plans
There plans are prepared as per the requirements of the Environmental Noise
Directive. The aim of the Directive and subsequent Regulations is to provide for the
implementation of an EC common approach to avoid, prevent or reduce on a
prioritised basis the harmful effects, including annoyance, due to exposure to
environmental noise. Environmental noise is unwanted or harmful outdoor sound
created by human activities, including noise emitted by means of transport, road
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traffic, rail traffic, air traffic and noise in agglomerations over a specified size.
Types of noise not included in the Regulations are noise that is caused by the
exposed person, noise from domestic activities, noise created by neighbours, noise at
workplaces or noise inside means of transport or due to military activities in military
areas.
Kerry Strategic The Kerry Strategic Water Study was commissioned to consider the water services
Water Study of Kerry over a 25 year period. It identifies the need for priority investment in both
water and waste water treatment in the County.
Shannon Estuary Kerry County Council in conjunction with Clare County Council, Limerick City
Strategic and County Councils, Shannon Development and the Shannon Foynes Port
Integrated Company have commissioned a land and marine based plan for the future
development and management of marine-related industry and tourism along the
Framework Plan,
Estuary. This plan - the Strategic Integrated Framework Plan (SIFP) – was published
Draft 2012. in draft form in December 2012. It is intended that the policies and objectives of the
SIFP, as they relate to each participating authority’s Functional Area, will be
incorporated into the development plans of those planning authorities. In the case of
Kerry County Council the adopted SIFP will be incorporated into the Kerry County
Development Plan 2015 -2021.
Shannon and The Office of Public Works are working in partnership with consultants, Local
South West Authorities and other stakeholders to deliver the CFRAM Study for the Shannon and
Catchment Flood South West River Basin Districts (RBD). Work will be completed by December
Risk Assessment 2015.
and Management
Study The study will focus on areas known to have experienced flooding in the past and
areas that may be subject to flooding in the future either due to development
pressures or climate change. The final output from the study will be Catchment
Flood Risk Management Plans, to be published in December 2015. The plans will
define the current and future flood risk in the area and set out how this risk can be
managed.
The Offshore The Department of Communication, Energy and Natural Resources drafted an
Renewable Offshore Renewable Energy Development Plan (OREDP) in 2010. It sets out low,
Energy medium and high scenarios for the development of offshore energy in the country.
Up to 4,500 MW from offshore wind energy and 1,500 MW from wave and tidal
Development
energy are envisaged for Irish waters up to 2030. The OREDP also sets out a longer
Plan (OREDP), term vision for the growth of the offshore renewable energy sector in Ireland
2010
3.4. Key elements of the plan, alone or in combination with other
projects or plans, that were considered to have the potential for
having significant effects on Natura 2000 sites
Having considered the key elements of the plan document including the related /
complementary variation in addition to other projects and plans; it is considered that the
following elements have the potential for having significant effects on Natura 2000 sites
• Population, Housing and Employment Targets
• Recreation and Amenity Strategy
• Infrastructure Proposals
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4.1. Introduction
This is the third step of Stage One Screening, the purpose of which is map and tabulate the
information available on all Natura 2000 sites within or immediately adjoining the region.
As part of this, reasons for site designation and environmental conditions necessary to
support site integrity will be indicated, where possible. It should be noted that Natura 2000
sites include Special Protection Areas (SPAs), Special Areas of Conservation (SACs) as
well as proposed sites awaiting approval – potential SPAs (pSPAs) and candidate SACs
(cSACs).
4.2. Identification and consideration of Natura 2000 sites located within
or immediately adjoining the plan area in situ and ex situ
There are a number of Natura 2000 sites which may potentially be affected by the Plan. In
this section of the report the information available on Natura 2000 sites within or
immediately adjoining the plan area in situ and ex situ are mapped and tabulated, as
appropriate. In general ex situ sites are those located within 15km from the nearest Plan
Area Boundary and for the purposes of this assessment, include the following Natura 2000
sites:-
Special Areas of Conservation (SACs)
• Site Name: Akeragh, Banna and Barrow Harbour SAC (000332)
• Site Name: Castlemaine Harbour SAC (000343)
• Site Name: Old Domestic Building, Dromore Wood SAC (000353)
• Site Name: Kilgarvan Ice House SAC (000364)
• Site Name: Killarney National Park, Macgillycuddy's Reeks and Caragh River
Catchment SAC (000365)
• Site Name: Lough Yganavan and Lough Nambrackdarrig SAC (000370)
• Site Name: Mount Brandon SAC (000375)
• Site Name: Sheheree (Ardagh) Bog SAC (000382)
• Site Name: Cloonee and Inchiquin Loughs, Uragh Wood SAC (001342):
• Site Name: Mucksna Wood SAC (001371)
• Site Name: Maulagowna Bog SAC (001881)
• Site Name: Mullaghanish Bog SAC (001890)
• Site Name: Old Domestic Building, Curraglass Wood SAC (002041)
• Site Name: Tralee Bay and Magharees Peninsula, West to Cloghane SAC
(002070):
• Site Name: Old Domestic Building, Askive Wood SAC (002098):
• Site Name: Ballyseedy Wood SAC (002112)
• Site Name: Kenmare River SAC (002158)
• Site Name: Lower River Shannon SAC (002165)
• Site Name: Blackwater River (Cork/Waterford) SAC (002170)
• Site Name: Blackwater River (Kerry) SAC (002173)
• Site Name: Slieve Mish Mountains SAC (002185)
• Site Name: Magharee Islands SAC (002261)
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