E 2013 Streame Rezoning & Identification as Opportunity … Screening... · The variation consists of amendments to the Zoning Map and a new section will be incorporated into ‘Appendix

STAGE 1- APPROPRIATE ASSESSMENT

SCREENING CONCLUSION & STATEMENT

FOR

PROPOSED VARIATION NO . 2 OF THE NENAGH TOWN &

ENVIRONS DEVELOPMENT PLAN 2013 (AS VARIED)

Streame Rezoning & Identification as Opportunity Site No. 7

IN ACCORDANCE WITH THE REQUIREMENTS OF

ARTICLE 6(3) OF THE EU HABITATS DIRECTIVE

SEPTEMBER 2017

AA Screening Conclusion and Statement

reening Conclusion and Statement – Variation No. 2 Nenagh Town & Environs Development Plan 2013

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Nenagh Town & Environs Development Plan 2013 (as varied)

AA Screening Conclusion and Statement – Variation No. 2 Nenagh Town & Environs Development Plan 2013 (as varied)

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Contents

Section 1: Introduction ........................... ............................................................................ 3

1.1 Variation of the Plan ................................................................................................ 4

1.2 Relationship with other Plans and Programmes ...................................................... 5

Section 2: Stage 1 AA Screening ................... .................................................................... 5

2.1 Description of plan and local site or plan area characteristics ................................. 5

2.2 Identification of relevant Natura 2000 Sites, & compilation of information on their

qualifying interests & conservation objectives. ................................................................... 6

2.3 Assessment of likely effects – Direct, indirect and cumulative – undertaken on the

basis of available information ............................................................................................. 8

Section 3: Consulatation with the NPWS ............ .............................................................. 9

Section 4: Conclusion & STATEMENT ................. ............................................................. 9

Appendix 1 MAP OF NATURA 2000 SITES IN RELATION TO NENAGH ... ................ 11


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SECTION 1: INTRODUCTION

This is the Appropriate Assessment (AA) Screening Conclusion prepared by Tipperary County Council (the Council) for:

Proposed Variation No. 2 of the Nenagh Town & Envir ons Development Plan 2013 (as varied) –Streame rezoning and Identificati on as Opportunity Site No. 7.

Its purpose is to determine, on the basis of a preliminary assessment and objective

criteria, whether a plan or programme, alone and in combination with other plans,

programmes or projects, could have significant effects on a Natura 2000 site in view

of the site’s conservation objectives.

The Council is required to consider the possible nature conservation implications of

any plan or project in (combination with other plans and projects) on the Natura

2000 site network before any decision is made to allow that plan or project to

proceed. Consideration must be had to Article 6 (3) and (4) of European Union (EU)

Council Directive 92/43/EEC on the conservation of natural habitats and of wild

fauna and flora, is commonly known as the ‘Habitats Directive’, which is

implemented in Ireland through the European Communities (Natural Habitats)

Regulations of 1997. The EU Birds Directive (2009/147/EC) is also applicable.

The legal basis on which Special Areas of Conservation (SACs) are selected and

designated is the EU Habitats Directive, transposed into Irish law in 1998 and 2005.

The Directive lists certain habitats and species that must be protected within SACs.

Irish habitats include raised bogs, blanket bogs, turloughs, sand dunes, machair (flat

sandy plains on the north and west coasts), heaths, lakes, rivers, woodlands,

estuaries and sea inlets. Ireland is also required under the terms of the EU Birds

Directive (2009/147/EC) to designate Special Protection Areas (SPAs) for the

protection of endangered species of wild birds. Listed rare and vulnerable species,

regularly occurring migratory species, such as ducks, geese and waders. Wetlands,

especially those of international importance, which attract large numbers of migratory

birds each year. SACs and SPAs are collectively known as Natura 2000 sites.

The AA Screening Report was issued to the National Parks and Wildlife Service

(NPWS) Section of the Department for Communications, Climate Action and


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Environment and should be read in conjunction with the SEA Screening

Determination prepared for the proposed Variation No 2 of the Nenagh Town &

Environs Development Plan 2013 (as varied) (the proposed Variation).

It is stated in the ‘Guidance on Appropriate Assessment for Planning Authorities’,

DoEHLG (2009), that in order to ensure that AA is properly integrated into the plan-

making process and within the relevant timeframes, it is essential to carry out AA

screening in advance of the start of the statutory preparation/review process for the

proposed Variation and as the plan is amended through the review process it will be

necessary to carry out AA screening at every stage of the planning process. The AA

screening report should therefore be read in conjunction with the SEA screening

report prepared for proposed Variation No. 2, and with any review of both documents

as the plan making processes proceeds.

1.1 Variation of the Plan

The proposed Variation is being prepared in accordance with Section 13 of the

Planning and Development Acts 2000, as amended. The proposed variation will form

part of the Nenagh Town & Environs Development Plan 2013.

The subject lands at Streame measure approximately 39ha and are currently zoned

for residential, commercial and amenity purposes in the Nenagh Town and Environs

Development Plan 2013 (as varied). The lands are partially developed and contain

an unfinished housing estate, crèche, nursing home, offices, light industrial units and

retail warehousing. The purpose of the Variation is to consolidate the residential,

amenity and commercial opportunities on the lands and identify the area as an

Opportunity Site with specific qualitative objectives to facilitate the potential of the

site as a multi-use campus.

The variation consists of amendments to the Zoning Map and a new section will be

incorporated into ‘Appendix 2 Opportunity Sites’ of the Development Plan. The

overall affect of the variation will be the promotion of the area as a cohesive area for

development with appropriate guidance to this effect. No changes are proposed to

the overall area to be developed and the space to be dedicated to amenity shall be

increased. It is expected that the future development of the site will occur on a

phased based in line with guidance set out.


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1.2 Relationship with other Plans and Programmes

The Nenagh Town & Environs Development Plan 2013, (as varied) is the statutory

planning policy document for the Plan Area and sits alongside the North Tipperary

County Development Plan 2010, as Varied. The Plan complies with the policies and

objectives of National & Regional Plans for the area. There are no local area plans

applicable to the Nenagh Town & Environs Area. The intended Variation will

positively enforce the Strategic Objectives already set out in the Plan.

SECTION 2: STAGE 1 AA SCREENING

AA Screening was undertaken in accordance with:

• The Habitats Directive, consideration must be had to Article 6 (3) and (4) of

the European Union (EU) Council Directive 92/43/EEC on the conservation of

natural habitats and of wild fauna and flora.

• The Guidelines for Planning Authorities for Appropriate Assessment of Plans

and Projects in Ireland.

2.1 Description of plan and local site or plan area characteristics

The Variation focuses on the rezoning of lands at Streame, Nenagh and the

identification of same as an Opportunity Site. The lands at Streame provide an

opportunity to identify this underdeveloped landbank as a multi use campus at the

edge of Nenagh town. The lands are currently zoned for commercial, residential and

amenity purposes. The purpose of the rezoning is to consolidate the different land

uses on site and facilitate the completion of development at this location subject to

specific qualitative objectives.


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Figure 1 OPPORTUNITY SITE 2.2 Identification of relevant Natura 2000 Sites, & compilation of information

on their qualifying interests & conservation object ives.

Nenagh is located in the north of the county and no part of the plan area is directly

located within an SAC or a SPA. Lough Derg Shannon SPA is the closest at a

distance of approximately 6.9km west of the site area. Given the distances involved,

the fact there is no aquatic link with SACs and the urban nature of the site it is not

likely that the implementation of the Plan would impact on any Natura 2000 site.

(Refer to Appendix 1 below)


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Site

Code

Site Name Location QIs / SCIs

Sites within 5km Buffer

None

Sites within10km -15km Buffer

4058 Long Derg

Shannon SPA

The SPA occurs

within County

Tipperary.

Common Tern, three waterbird

species and wetland habitat.

4165 Slievefelim to

Silvermines

Mountains SPA

The SPA occurs

within County

Tipperary.

Hen Harrier

0939 Silvermine

Mountains SAC

cSAC is located

within County

Tipperary

Species-rich nardus upland

grassland*

Wet heath

1197 Keeper Hill SAC cSAC is located

within County

Tipperary

Blanket bog (active)*


grassland*

Wet heath

2241 Lough Derg,

North-East Shore

SAC

cSAC is located

within County

Tipperary

Alkaline fens

Cladium fen*

Juniper scrub

Limestone pavement*

Residual alluvial forests*


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Site

Code

Site Name Location QIs / SCIs

Taxus baccata woods*

2124 Bolingbrook Hill

SAC

cSAC is located

within County

Tipperary

Dry heaths


grassland*

Wet heath

2258 Silvermines

Mountains West

SAC

cSAC is located

within County

Tipperary

Dry heaths

Wet heath

2.3 Assessment of likely effects – Direct, indirect and cumulative –

undertaken on the basis of available information

2.3.1 Is the Plan Necessary to the Management of Eu ropean Sites?

Under the Habitats Directive, Plans that are directly connected with or necessary to

the management of a European site do not require AA. For this exception to apply,

management is required to be interpreted narrowly as nature conservation

management in the sense of Article 6(1) of the Habitats Directive. This refers to

specific measures to address the ecological requirements of annexed habitats and

species (and their habitats) present on a site(s). The relationship should be shown to

be direct and not a by-product of the plan, even if this might result in positive or

beneficial effects for a site (s).

The primary purpose of the proposed variation is to rezone lands at Streame and the

identification of same as an Opportunity Site. The lands are currently zoned in the

Nenagh Town & Environs Development Plan 2013. Therefore, the proposed

Variation is not considered to be directly connected with or necessary to the

management of European designated sites.


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2.3.2 Elements of the Proposed Variation with Poten tial to Give Rise to

Significant Effects

Direct, Indirect or Secondary Impacts

The Nenagh Town & Environs Development Plan 2013 has previously been subject

to Strategic Environment Assessment and Habitats Directive Assessment. This

variation proposes no new zonings to the Streame area but a reconfiguration of

zonings to consolidate the development opportunities at this area. Furthermore, all

development will be subject to EIA/AA screening processes and Environmental

Impact Statements and Natura Impact Statements will be requested, as appropriate

to inform the assessment by the Planning Authority.

SECTION 3: CONSULATATION WITH THE NPWS

This AA screening report (and the SEA screening report) was issued to the National

Parks and Wildlife Service (NPWS) Section of the Department for Communications,

Climate Action and Environment.

Date Received Response from NPWS

N/a None received

Comments were received from the other statutory consultees, these are addressed

in the SEA Screening Determination.

SECTION 4: CONCLUSION & STATEMENT

The requirement for Stage 2 AA for the proposed Variation would arise if the

proposed Variation were determined as having potential or uncertain effects on the

integrity of the network of designated ecological sites known as Natura 2000. This

screening assessment evaluates the proposed Variation in order to determine if it

needs to be the subject of a Stage 2 AA.

This Screening assessment has determined and identified existing and potential

effects of the proposed Variation on the Natura 2000 site relevant to the Plan area.


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The baseline environment and risks to the safeguarding of the Natura 2000 network

have been considered along with the scale and nature of the proposed Variation. In

addition, it is noted that all lower level projects arising through the implementation of

the proposed Variation will themselves be subject to AA when further details of

design and location are known. Having consideration to:

• The existing SEA and AA processes carried out for the Nenagh Town &

Environs Development Plan 2013 (as varied).

• The proposed Variation supports and underpins the significance, relevance

and intent of existing policies and objectives of the Nenagh Town and

Environs Development Plan 2013 (as varied) regarding the protection of the

cultural and natural environment.

• All future development proposals will be screened for EIA and AA, whereby

environmental considerations will be fully taken into account and integrated

into the decision making process.

• Mitigation measures incorporated in the existing Nenagh Town & Environs

Development Plan 2013 (as varied) will be carried forward in the planning

framework for the lands at Streame.

It is concluded that the proposed Variation poses no risk of a significant effect on the

Natura 2000 site network and as such requires no further assessment. 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 there is no potential for

significant effects and the proposed Variation does not require any further

assessment to demonstrate compliance with the Directive.


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APPENDIX 1 MAP OF NATURA 2000 SITES IN RELATION TO NENAGH

Documents

E 2013 Streame Rezoning & Identification as Opportunity … Screening... · The variation consists of amendments to the Zoning Map and a new section will be incorporated into ‘Appendix