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APPROPRIATE ASSESSMENT
SCREENING DETERMINATION
FOR
PROPOSED VARIATION OF THE CARRICK-ON-SUIR TOWN
DEVELOPMENT PLAN 2013
IN ACCORDANCE WITH THE REQUIREMENTS OF
ARTICLE 6(3) OF THE EU HABITATS DIRECTIVE
MARCH 2017
AA Determination Report Variation to Carrick-on-Suir Town Development Plan 2013
Page 1 of 12
AA Determination Report Variation to Carrick-on-Suir Town Development Plan 2013
Page 2 of 12
Contents Section 1: Introduction .......................................................................................................... 3
1.2 Variation of the plan ................................................................................................ 3
Section 2: Stage 1 AA Screening .......................................................................................... 4
2.1 Description of plan and local site or plan area characteristics ................................. 5
2.2 Identification of relevant Natura 2000 Sites. ............................................................ 5
2.3 Assessment of likely effects – Direct, indirect and cumulative ............................... 10
Section 4: Consultation ....................................................................................................... 10
Section 5: Screening Conclusion ........................................................................................ 11
AA Determination Report Variation to Carrick-on-Suir Town Development Plan 2013
Page 3 of 12
SECTION 1: INTRODUCTION
1.1 Background
Tipperary County Council (the Council) intends to vary the Carrick-on-Suir Town
Development Plan 2013 following the enactment of the Urban Regeneration and
Housing Act 2015. The variation will incorporate a new mandatory objective in
respect of the regeneration and re-utilisation of vacant sites, and will facilitate the
implementation of legislative actions to address undeveloped sites in the county.
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 including listed rare and vulnerable
species, regularly occurring migratory species, such as ducks, geese and waders.
SPA’s include 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.
1.2 Variation of the plan
The Urban Regeneration and Housing Act 2015 (hereafter the Act) has introduced a
range of legislative mechanisms to incentivise the development of vacant sites in
urban areas for housing and regeneration purposes. It is intended that the legislation,
which includes the establishment of a vacant site register, will assist in bringing
underutilised and vacant sites in urban areas into beneficial use. The purpose of the
variation of the Plan is to include a mandatory objective, as required by the Act,
AA Determination Report Variation to Carrick-on-Suir Town Development Plan 2013
Page 4 of 12
which will provide the statutory basis for the establishment and maintenance of the
vacant site register and to give effect to associated legislative mechanisms. In this
respect, while the objective will apply to zoned areas across the county, no changes
are proposed to land use zoning framework provided in the Development Plan.
The Variation consists of a new Section which will be incorporated into Chapter 2 of
the Development Plan, as follows.
Section 2.2.4 Urban Regeneration
The Urban Regeneration and Housing Act 2015, which was enacted as an action of
the Government’s Construction 2020 Strategy, provides for a range of measures to
encourage developers and landowners to develop land identified for regeneration
and housing purposes. The legislative mechanisms include the establishment of a
vacant site register and levy to incentivise development and bring sites into beneficial
use.
In accordance with the provisions of the Act, it is an objective of the Council
To promote the appropriate development and renewal of urban sites and areas,
identified having regard to the core strategy, that are in need of regeneration, in order
to ensure there is no –
(i) adverse effects on existing amenities in such areas, in particular as a result of the ruinous or neglected condition of any land,
(ii) urban blight and decay,
(iii) anti-social behaviour, or
(iv) shortage of habitable houses or of land suitable for residential use or a mixture of residential and other uses. The Council will seek to apply a range of land activation measures, as appropriate, to
encourage development for housing and regeneration purposes including the on-
going maintenance of a vacant site register.
SECTION 2: STAGE 1 AA SCREENING
The Screening Report was undertaken in accordance with:
AA Determination Report Variation to Carrick-on-Suir Town Development Plan 2013
Page 5 of 12
The Habitats Directive, 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
The Guidelines for Planning Authorities for Appropriate Assessment
2.1 Description of plan and local site or plan area characteristics
The Variation focuses on the incorporation of an objective to incentivise the
development of vacant sites in urban areas for housing and regeneration purposes. A
levy will be applied to sites in order to encourage the vacant sites to be brought into
use. There are no changes proposed to zoning objectives in relation to the
Development Plan. Therefore, the proposed amendment would not, in itself, set a
framework for other projects and activities that would have an impact on the Natura
2000 network.
2.2 Identification of relevant Natura 2000 Sites, & compilation of information on
their qualifying interests.
The information provided in Table 1 below provides a summary of Natura 2000 sites
within County Tipperary or immediately adjacent to the County.
Table 1: List of Natura 2000 sites
Site Code Site Name Location QIs / SCIs
0216 River Shannon Callows SAC cSAC is located within
County Tipperary.
Limestone pavement*
Lowland hay meadows
Molinia meadows
Residual alluvial forests*
Otter
0585 Sharavogue Bog SAC cSAC is located within
County Tipperary
Raised bog (active)*
Degraded raised bogs
Rhyncosporion depressions
0641 Ballyduff/ Clonfinane Bog
SAC
cSAC is located within
County Tipperary
Bog woodland*
Degraded raised bogs
Raised bog (active)*
Rhynchosporion depressions
0646 Galtee Mountains SAC cSAC is located within
County Tipperary
Alpine and subalpine heath
Blanket bog (active)*
Calcareous rocky slopes
Dry heaths
Siliceous rocky slopes
Species-rich nardus upland grassland*
0647 Kilcarren-Firville Bog SAC cSAC is located within
County Tipperary
Degraded raised bogs
Raised bog (active)*
Rhynchosporion depressions
0930 Clare Glen SAC cSAC is located within Old oak woodlands
AA Determination Report Variation to Carrick-on-Suir Town Development Plan 2013
Page 6 of 12
Site Code Site Name Location QIs / SCIs
County Tipperary Killarney Fern
0934 Kilduff, Devilsbit Mountain
SAC
cSAC is located within
County Tipperary
Dry heaths
Species-rich nardus upland grassland*
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)*
Species-rich nardus upland grassland*
Wet heath
1683 Liskeenan Fen SAC cSAC is located within
County Tipperary
Cladium fen*
1847 Philipston Marsh SAC cSAC is located within
County Tipperary
Transition mires
2124 Bolingbrook Hill SAC cSAC is located within
County Tipperary
Dry heaths
Species-rich nardus upland grassland*
Wet heath
2125 Angelesey Road SAC cSAC is located within
County Tipperary
Species-rich nardus upland grassland*
2137 Lower River Suir SAC cSAC is located within
County Tipperary
Atlantic salt meadows
Floating river vegetation
Hydrophilous tall herb
Mediterranean salt meadows
Old oak woodlands
Residual alluvial forests*
Taxus baccata woods*
Atlantic Salmon
Brook Lamprey
Freshwater Pearl Mussel
Otter
River Lamprey
Sea Lamprey
Twaite Shad
White-Clawed Crayfish
2162 River Barrow and River Nore
SAC
cSAC is located within
County Tipperary
Atlantic salt meadows
Dry heaths
Estuaries
Floating river vegetation
Hydrophilous tall herb
Mediterranean salt meadows
Old oak woodlands
Petrifying springs*
Residual alluvial forests*
Salicornia mud
Tidal mudflats
Atlantic Salmon
Brook Lamprey
Desmoulins’s whorl snail
Freshwater Pearl Mussel
Irish Freshwater Pearl Mussel
Killarney Fern
AA Determination Report Variation to Carrick-on-Suir Town Development Plan 2013
Page 7 of 12
Site Code Site Name Location QIs / SCIs
Otter
River Lamprey
Sea Lamprey
Twaite Shad
White-Clawed Crayfish
2165 Lower River Shannon SAC cSAC is located within
County Tipperary
Atlantic salt meadows
Estuaries
Floating river vegetation
Lagoons*
Large shallow inlets and bays
Mediterranean salt meadows
Molinia meadows
Perennial vegetation of stony banks
Reefs
Residual alluvial forests*
Salicornia mud
Sandbanks
Sea cliffs
Tidal mudflats
Atlantic Salmon
Bottle-Nosed Dolphin
Brook Lamprey
Freshwater Pearl Mussel
Otter
River Lamprey
Sea Lamprey
2170 Blackwater River (Cork/
Waterford) SAC
cSAC is located within
County Tipperary
Atlantic salt meadows
Estuaries
Floating river vegetation
Mediterranean salt meadows
Old oak woodlands
Perennial vegetation of stony banks
Residual alluvial forests*
Salicornia mud
Taxus baccata woods*
Tidal mudflats
Atlantic Salmon
Brook Lamprey
Freshwater Pearl Mussel
Killarney Fern
Otter
River Lamprey
Sea Lamprey
Twaite Shad
White-Clawed Crayfish
2241 Lough Derg, North-East
Shore SAC
cSAC is located within
County Tipperary
Alkaline fens
Cladium fen*
Juniper scrub
Limestone pavement*
AA Determination Report Variation to Carrick-on-Suir Town Development Plan 2013
Page 8 of 12
Site Code Site Name Location QIs / SCIs
Residual alluvial forests*
Taxus baccata woods*
2257 Moanour Mountain SAC cSAC is located within
County Tipperary
Species-rich nardus upland grassland*
2258 Silvermines Mountains West
SAC
cSAC is located within
County Tipperary
Dry heaths
Wet heath
2353 Redwood Bog SAC cSAC is located within
County Tipperary
Degraded raised bogs
Raised bog (active)*
Rhyncosporion depressions
4058 Lough Derg (Shannon) SPA The SPA occurs within
County Tipperary.
Common Tern, three waterbird species, and
wetland habitat.
4086 River Little Brosna Callows
SPA
The SPA occurs within
County Tipperary.
Four Annex I bird species, seven waterbirds, and
wetland habitat.
4094 Blackwater Callows SPA SPA occurs approximately
6.3km south of County
Tipperary.
Whooper Swan, three waterbird species, and
wetland habitat.
4096 Middle Shannon Callows
SPA
The SPA occurs within
County Tipperary.
Three Annex I bird species, four waterbird
species, and wetland habitat.
4103 All Saints Bog and SPA The SPA occurs
approximately 0.8km north
of County Tipperary.
Greenland White-fronted Goose
4137 Dovegrove Callows SPA The SPA occurs
immediately adjacent to
the County.
Greenland White-fronted Goose
4160 Slieve Bloom Mountains
SPA
The SPA occurs
approximately 1km east of
the County.
Hen Harrier
4165 Slievefelim to Silvermines
Mountains SPA
The SPA occurs within
County Tipperary.
Hen Harrier
AA Determination Report Variation to Carrick-on-Suir Town Development Plan 2013
Page 9 of 12
Figure 2: Map of Natura 2000 sites
AA Determination Report Variation to Carrick-on-Suir Town Development Plan 2013
Page 10 of 12
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 European 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 proposed Variation is to incorporate a mandatory objective to
incentivise the development of vacant sites in urban areas for housing and
regeneration purposes. Therefore, the proposed Variation is not considered to be
directly connected with or necessary to the management of European designated
sites.
2.3.2 Elements of the Proposed Variation with Potential to Give Rise to
Significant Effects
The Carrick-on-Suir Town Development Plan has been subject to Strategic
Environment Assessment and Habitats Directive Assessment. This Variation
proposes no change to the zoning framework in place. Furthermore, all development
will be subject to EIA/AA screening processes and Environmental Impact Statements
and Natural Impact Statements will be requested, as appropriate, to inform the
assessment of the Planning Authority.
The Natura 2000 network as listed in Table 1 above will not be affected by the
proposed variation to the Development Plan.
SECTION 4: CONSULTATION
Comments were received from the statutory consultees and these are addressed in the SEA
Screening Determination and Report.
AA Determination Report Variation to Carrick-on-Suir Town Development Plan 2013
Page 11 of 12
SECTION 5: SCREENING CONCLUSION
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.
The Screening assessment determined and identified existing and potential effects of the
proposed Variation on the Natura 2000 network relevant to the Plan area. 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.
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.
APPROPRIATE ASSESSMENT
SCREENING DETERMINATION
FOR
PROPOSED VARIATION OF THE CASHEL AND ENVIRONS
DEVELOPMENT PLAN 2009
IN ACCORDANCE WITH THE REQUIREMENTS OF
ARTICLE 6(3) OF THE EU HABITATS DIRECTIVE
MARCH 2017
AA Determination Report Variation to Cashel and Environs Development Plan 2009
Page 1 of 12
AA Determination Report Variation to Cashel and Environs Development Plan 2009
Page 2 of 12
Contents Section 1: Introduction .......................................................................................................... 3
1.2 Variation of the plan ................................................................................................ 3
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. ............................................................ 5
2.3 Assessment of likely effects – Direct, indirect and cumulative ............................... 10
Section 4: Consultation ....................................................................................................... 10
Section 5: Screening Conclusion ........................................................................................ 11
AA Determination Report Variation to Cashel and Environs Development Plan 2009
Page 3 of 12
SECTION 1: INTRODUCTION
1.1 Background
Tipperary County Council (the Council) intends to vary the Cashel and Environs
Development Plan 20091 following the enactment of the Urban Regeneration and
Housing Act 2015. The variation will incorporate a new mandatory objective in
respect of the regeneration and re-utilisation of vacant sites, and will facilitate the
implementation of legislative actions to address undeveloped sites in the county.
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 including listed rare and vulnerable
species, regularly occurring migratory species, such as ducks, geese and waders.
SPA’s include 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.
1.2 Variation of the plan
The Urban Regeneration and Housing Act 2015 (hereafter the Act) has introduced a
range of legislative mechanisms to incentivise the development of vacant sites in
urban areas for housing and regeneration purposes. It is intended that the legislation,
which includes the establishment of a vacant site register, will assist in bringing
1 In accordance with Section 11(A) (2)(b) of the Planning and Development Act 2000 (as amended) the lifetime of
the Development Plans have been extended.
AA Determination Report Variation to Cashel and Environs Development Plan 2009
Page 4 of 12
underutilised and vacant sites in urban areas into beneficial use. The purpose of the
variation of the Plan is to include a mandatory objective, as required by the Act,
which will provide the statutory basis for the establishment and maintenance of the
vacant site register and to give effect to associated legislative mechanisms. In this
respect, while the objective will apply to zoned areas across the county, no changes
are proposed to land use zoning framework provided in the Development Plan.
The Variation consists of a new Section which will be incorporated into Chapter 3 of
the Development Plan, as follows.
Section 3.1.1 Urban Regeneration
The Urban Regeneration and Housing Act 2015, which was enacted as an action of
the Government’s Construction 2020 Strategy, provides for a range of measures to
encourage developers and landowners to develop land identified for regeneration
and housing purposes. The legislative mechanisms include the establishment of a
vacant site register and levy to incentivise development and bring sites into beneficial
use.
In accordance with the provisions of the Act, it is an objective of the Council
To promote the appropriate development and renewal of urban sites and areas,
identified having regard to the core strategy, that are in need of regeneration, in order
to ensure there is no –
(i) adverse effects on existing amenities in such areas, in particular as a result of the ruinous or neglected condition of any land,
(ii) urban blight and decay,
(iii) anti-social behaviour, or
(iv) shortage of habitable houses or of land suitable for residential use or a mixture of residential and other uses.
The Council will seek to apply a range of land activation measures, as appropriate, to
encourage development for housing and regeneration purposes including the on-
going maintenance of a vacant site register.
AA Determination Report Variation to Cashel and Environs Development Plan 2009
Page 5 of 12
SECTION 2: STAGE 1 AA SCREENING
The Screening Report was undertaken in accordance with:
The Habitats Directive, 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
The Guidelines for Planning Authorities for Appropriate Assessment
2.1 Description of plan and local site or plan area characteristics
The Variation focuses on the incorporation of an objective to incentivise the
development of vacant sites in urban areas for housing and regeneration purposes. A
levy will be applied to sites in order to encourage the vacant sites to be brought into
use. There are no changes proposed to zoning objectives in relation to the
Development Plan. Therefore, the proposed amendment would not, in itself, set a
framework for other projects and activities that would have an impact on the Natura
2000 network.
2.2 Identification of relevant Natura 2000 Sites, & compilation of information on
their qualifying interests.
The information provided in Table 1 below provides a summary of Natura 2000 sites
within County Tipperary or immediately adjacent to the County.
Table 1: List of Natura 2000 sites
Site Code Site Name Location QIs / SCIs
0216 River Shannon Callows SAC cSAC is located within
County Tipperary.
Limestone pavement*
Lowland hay meadows
Molinia meadows
Residual alluvial forests*
Otter
0585 Sharavogue Bog SAC cSAC is located within
County Tipperary
Raised bog (active)*
Degraded raised bogs
Rhyncosporion depressions
0641 Ballyduff/ Clonfinane Bog
SAC
cSAC is located within
County Tipperary
Bog woodland*
Degraded raised bogs
Raised bog (active)*
Rhynchosporion depressions
0646 Galtee Mountains SAC cSAC is located within
County Tipperary
Alpine and subalpine heath
Blanket bog (active)*
Calcareous rocky slopes
Dry heaths
Siliceous rocky slopes
Species-rich nardus upland grassland*
AA Determination Report Variation to Cashel and Environs Development Plan 2009
Page 6 of 12
Site Code Site Name Location QIs / SCIs
0647 Kilcarren-Firville Bog SAC cSAC is located within
County Tipperary
Degraded raised bogs
Raised bog (active)*
Rhynchosporion depressions
0930 Clare Glen SAC cSAC is located within
County Tipperary
Old oak woodlands
Killarney Fern
0934 Kilduff, Devilsbit Mountain
SAC
cSAC is located within
County Tipperary
Dry heaths
Species-rich nardus upland grassland*
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)*
Species-rich nardus upland grassland*
Wet heath
1683 Liskeenan Fen SAC cSAC is located within
County Tipperary
Cladium fen*
1847 Philipston Marsh SAC cSAC is located within
County Tipperary
Transition mires
2124 Bolingbrook Hill SAC cSAC is located within
County Tipperary
Dry heaths
Species-rich nardus upland grassland*
Wet heath
2125 Angelesey Road SAC cSAC is located within
County Tipperary
Species-rich nardus upland grassland*
2137 Lower River Suir SAC cSAC is located within
County Tipperary
Atlantic salt meadows
Floating river vegetation
Hydrophilous tall herb
Mediterranean salt meadows
Old oak woodlands
Residual alluvial forests*
Taxus baccata woods*
Atlantic Salmon
Brook Lamprey
Freshwater Pearl Mussel
Otter
River Lamprey
Sea Lamprey
Twaite Shad
White-Clawed Crayfish
2162 River Barrow and River Nore
SAC
cSAC is located within
County Tipperary
Atlantic salt meadows
Dry heaths
Estuaries
Floating river vegetation
Hydrophilous tall herb
Mediterranean salt meadows
Old oak woodlands
Petrifying springs*
Residual alluvial forests*
Salicornia mud
Tidal mudflats
Atlantic Salmon
Brook Lamprey
AA Determination Report Variation to Cashel and Environs Development Plan 2009
Page 7 of 12
Site Code Site Name Location QIs / SCIs
Desmoulins’s whorl snail
Freshwater Pearl Mussel
Irish Freshwater Pearl Mussel
Killarney Fern
Otter
River Lamprey
Sea Lamprey
Twaite Shad
White-Clawed Crayfish
2165 Lower River Shannon SAC cSAC is located within
County Tipperary
Atlantic salt meadows
Estuaries
Floating river vegetation
Lagoons*
Large shallow inlets and bays
Mediterranean salt meadows
Molinia meadows
Perennial vegetation of stony banks
Reefs
Residual alluvial forests*
Salicornia mud
Sandbanks
Sea cliffs
Tidal mudflats
Atlantic Salmon
Bottle-Nosed Dolphin
Brook Lamprey
Freshwater Pearl Mussel
Otter
River Lamprey
Sea Lamprey
2170 Blackwater River (Cork/
Waterford) SAC
cSAC is located within
County Tipperary
Atlantic salt meadows
Estuaries
Floating river vegetation
Mediterranean salt meadows
Old oak woodlands
Perennial vegetation of stony banks
Residual alluvial forests*
Salicornia mud
Taxus baccata woods*
Tidal mudflats
Atlantic Salmon
Brook Lamprey
Freshwater Pearl Mussel
Killarney Fern
Otter
River Lamprey
Sea Lamprey
Twaite Shad
White-Clawed Crayfish
AA Determination Report Variation to Cashel and Environs Development Plan 2009
Page 8 of 12
Site Code Site Name Location QIs / SCIs
2241 Lough Derg, North-East
Shore SAC
cSAC is located within
County Tipperary
Alkaline fens
Cladium fen*
Juniper scrub
Limestone pavement*
Residual alluvial forests*
Taxus baccata woods*
2257 Moanour Mountain SAC cSAC is located within
County Tipperary
Species-rich nardus upland grassland*
2258 Silvermines Mountains West
SAC
cSAC is located within
County Tipperary
Dry heaths
Wet heath
2353 Redwood Bog SAC cSAC is located within
County Tipperary
Degraded raised bogs
Raised bog (active)*
Rhyncosporion depressions
4058 Lough Derg (Shannon) SPA The SPA occurs within
County Tipperary.
Common Tern, three waterbird species, and
wetland habitat.
4086 River Little Brosna Callows
SPA
The SPA occurs within
County Tipperary.
Four Annex I bird species, seven waterbirds, and
wetland habitat.
4094 Blackwater Callows SPA SPA occurs approximately
6.3km south of County
Tipperary.
Whooper Swan, three waterbird species, and
wetland habitat.
4096 Middle Shannon Callows
SPA
The SPA occurs within
County Tipperary.
Three Annex I bird species, four waterbird
species, and wetland habitat.
4103 All Saints Bog and SPA The SPA occurs
approximately 0.8km north
of County Tipperary.
Greenland White-fronted Goose
4137 Dovegrove Callows SPA The SPA occurs
immediately adjacent to
the County.
Greenland White-fronted Goose
4160 Slieve Bloom Mountains
SPA
The SPA occurs
approximately 1km east of
the County.
Hen Harrier
4165 Slievefelim to Silvermines
Mountains SPA
The SPA occurs within
County Tipperary.
Hen Harrier
AA Determination Report Variation to Cashel and Environs Development Plan 2009
Page 9 of 12
Figure 2: Map of Natura 2000 sites
AA Determination Report Variation to Cashel and Environs Development Plan 2009
Page 10 of 12
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 European 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 proposed Variation is to incorporate a mandatory objective to
incentivise the development of vacant sites in urban areas for housing and
regeneration purposes. Therefore, the proposed Variation is not directly connected
with or necessary to the management of European designated sites.
2.3.2 Elements of the Proposed Variation with Potential to Give Rise to
Significant Effects
The Cashel and Environs Development Plan has been subject to Strategic
Environment Assessment and Habitats Directive Assessment. This Variation
proposes no change to the zoning framework in place. Furthermore, all development
will be subject to EIA/AA screening processes and Environmental Impact Statements
and Natural Impact Statements will be requested, as appropriate, to inform the
assessment of the Planning Authority.
The Natura 2000 network as listed in Table 1 above will not be affected by the
proposed variation to the Development Plan.
SECTION 4: CONSULTATION
Comments were received from the statutory consultees and these are addressed in the SEA
Screening Determination and Report.
AA Determination Report Variation to Cashel and Environs Development Plan 2009
Page 11 of 12
SECTION 5: SCREENING CONCLUSION
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.
The Screening assessment determined and identified existing and potential effects of the
proposed Variation on the Natura 2000 network relevant to the Plan area. 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.
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.
APPROPRIATE ASSESSMENT
SCREENING DETERMINATION
FOR
PROPOSED VARIATION OF THE NORTH TIPPERARY COUNTY
DEVELOPMENT PLAN 2010 (AS VARIED) AND SOUTH
TIPPERARY DEVELOPMENT PLAN 2009 (AS VARIED)
IN ACCORDANCE WITH THE REQUIREMENTS OF
ARTICLE 6(3) OF THE EU HABITATS DIRECTIVE
MARCH 2017
AA Screening Determination Variation to North Tipperary County Development Plan 2009 (as varied) and South Tipperary Development Plan (as varied)
Page 1 of 14
AA Screening Determination Variation to North Tipperary County Development Plan 2009 (as varied) and South Tipperary Development Plan (as varied)
Page 2 of 14
Contents Section 1: Introduction .......................................................................................................... 3
1.2 Variation of the plan ................................................................................................ 5
Section 2: Stage 1 AA Screening .......................................................................................... 6
2.1 Description of plan and local site or plan area characteristics ................................. 6
2.2 Identification of relevant Natura 2000 Sites ............................................................. 7
2.3 Assessment of likely effects – Direct, indirect and cumulative ............................... 12
Section 4: Consultation ....................................................................................................... 12
Section 5: Screening Conclusion ........................................................................................ 13
AA Screening Determination Variation to North Tipperary County Development Plan 2009 (as varied) and South Tipperary Development Plan (as varied)
Page 3 of 14
SECTION 1: INTRODUCTION
1.1 Background
Tipperary County Council (the Council) intends to vary the North Tipperary County
Development Plan 2010, (as varied) and the South Tipperary County Plan 2009 (as
varied) following the enactment of the Urban Regeneration and Housing Act 2015.
These variations will incorporate a new mandatory objective in respect of the
regeneration and re-utilisation of vacant sites, and will facilitate the implementation of
legislative actions to address undeveloped sites in the county.
Following the establishment of Tipperary County Council in June 2014, the County
now has two County Development Plans in place. Therefore, concurrent Variation(s)
processes are being carried out to the North and South Tipperary County
Development Plans, to maintain and ensure a consistent and coherent planning
framework. The Development Plan areas are illustrated in Figure 1:
AA Screening Determination Variation to North Tipperary County Development Plan 2009 (as varied) and South Tipperary Development Plan (as varied)
Page 4 of 14
Figure 1: North and South Tipperary Development Plan areas
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.
AA Screening Determination Variation to North Tipperary County Development Plan 2009 (as varied) and South Tipperary Development Plan (as varied)
Page 5 of 14
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 including listed rare and vulnerable
species, regularly occurring migratory species, such as ducks, geese and waders.
SPA’s include 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.
1.2 Variation of the plan
The Urban Regeneration and Housing Act 2015 (hereafter the Act) has introduced a
range of legislative mechanisms to incentivise the development of vacant sites in
urban areas for housing and regeneration purposes. It is intended that the legislation,
which includes the establishment of a vacant site register, will assist in bringing
underutilised and vacant sites in urban areas into beneficial use. The purpose of the
variation of the Plan(s) is to include a mandatory objective, as required by the Act,
which will provide the statutory basis for the establishment and maintenance of the
vacant site register and to give effect to associated legislative mechanisms. In this
respect, while the objective will apply to zoned areas across the county, no changes
are proposed to land use zoning framework provided in each of the County
Development Plans.
The Variation consists of a new Section which will be incorporated into Chapter 2
(Core Strategy) of each County Development Plans, as follows.
Section 2.3.5 Urban Regeneration
The Urban Regeneration and Housing Act 2015, which was enacted as an action of
the Government’s Construction 2020 Strategy, provides for a range of measures to
encourage developers and landowners to develop land identified for regeneration
and housing purposes. The legislative mechanisms include the establishment of a
vacant site register and levy to incentivise development and bring sites into beneficial
use.
In accordance with the provisions of the Act, it is an objective of the Council
AA Screening Determination Variation to North Tipperary County Development Plan 2009 (as varied) and South Tipperary Development Plan (as varied)
Page 6 of 14
To promote the appropriate development and renewal of urban sites and areas,
identified having regard to the core strategy, that are in need of regeneration, in order
to ensure there is no –
(i) adverse effects on existing amenities in such areas, in particular as a result of the ruinous or neglected condition of any land,
(ii) urban blight and decay,
(iii) anti-social behaviour, or
(iv) shortage of habitable houses or of land suitable for residential use or a mixture of residential and other uses.
This objective will apply across the County, and the Council will seek to apply a
range of land activation measures, as appropriate, to encourage development for
housing and regeneration purposes including the on-going maintenance of a vacant
site register.
SECTION 2: STAGE 1 AA SCREENING
The Screening Report was undertaken in accordance with:
The Habitats Directive, 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
The Guidelines for Planning Authorities for Appropriate Assessment
2.1 Description of plan and local site or plan area characteristics
The Variations focus on the incorporation of an objective to incentivise the
development of vacant sites in urban areas for housing and regeneration purposes. A
levy will be applied to sites in order to encourage the vacant sites to be brought into
use. There are no changes proposed to zoning objectives in relation to the County
Development Plans. Therefore, the proposed amendment would not, in itself, set a
framework for other projects and activities that would have an impacts on the Natura
2000 network.
AA Screening Determination Variation to North Tipperary County Development Plan 2009 (as varied) and South Tipperary Development Plan (as varied)
Page 7 of 14
2.2 Identification of relevant Natura 2000 Sites, & compilation of information on
their qualifying interests.
The information provided in Table 1 below provides a summary of Natura 2000 sites
within County Tipperary or immediately adjacent to the County.
Table 1: List of Natura 2000 sites
Site Code Site Name Location QIs / SCIs
0216 River Shannon Callows SAC cSAC is located within
County Tipperary.
Limestone pavement*
Lowland hay meadows
Molinia meadows
Residual alluvial forests*
Otter
0585 Sharavogue Bog SAC cSAC is located within
County Tipperary
Raised bog (active)*
Degraded raised bogs
Rhyncosporion depressions
0641 Ballyduff/ Clonfinane Bog
SAC
cSAC is located within
County Tipperary
Bog woodland*
Degraded raised bogs
Raised bog (active)*
Rhynchosporion depressions
0646 Galtee Mountains SAC cSAC is located within
County Tipperary
Alpine and subalpine heath
Blanket bog (active)*
Calcareous rocky slopes
Dry heaths
Siliceous rocky slopes
Species-rich nardus upland grassland*
0647 Kilcarren-Firville Bog SAC cSAC is located within
County Tipperary
Degraded raised bogs
Raised bog (active)*
Rhynchosporion depressions
0930 Clare Glen SAC cSAC is located within
County Tipperary
Old oak woodlands
Killarney Fern
0934 Kilduff, Devilsbit Mountain
SAC
cSAC is located within
County Tipperary
Dry heaths
Species-rich nardus upland grassland*
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)*
Species-rich nardus upland grassland*
Wet heath
1683 Liskeenan Fen SAC cSAC is located within
County Tipperary
Cladium fen*
1847 Philipston Marsh SAC cSAC is located within
County Tipperary
Transition mires
2124 Bolingbrook Hill SAC cSAC is located within
County Tipperary
Dry heaths
Species-rich nardus upland grassland*
Wet heath
2125 Angelesey Road SAC cSAC is located within
County Tipperary
Species-rich nardus upland grassland*
2137 Lower River Suir SAC cSAC is located within Atlantic salt meadows
AA Screening Determination Variation to North Tipperary County Development Plan 2009 (as varied) and South Tipperary Development Plan (as varied)
Page 8 of 14
Site Code Site Name Location QIs / SCIs
County Tipperary Floating river vegetation
Hydrophilous tall herb
Mediterranean salt meadows
Old oak woodlands
Residual alluvial forests*
Taxus baccata woods*
Atlantic Salmon
Brook Lamprey
Freshwater Pearl Mussel
Otter
River Lamprey
Sea Lamprey
Twaite Shad
White-Clawed Crayfish
2162 River Barrow and River Nore
SAC
cSAC is located within
County Tipperary
Atlantic salt meadows
Dry heaths
Estuaries
Floating river vegetation
Hydrophilous tall herb
Mediterranean salt meadows
Old oak woodlands
Petrifying springs*
Residual alluvial forests*
Salicornia mud
Tidal mudflats
Atlantic Salmon
Brook Lamprey
Desmoulins’s whorl snail
Freshwater Pearl Mussel
Irish Freshwater Pearl Mussel
Killarney Fern
Otter
River Lamprey
Sea Lamprey
Twaite Shad
White-Clawed Crayfish
2165 Lower River Shannon SAC cSAC is located within
County Tipperary
Atlantic salt meadows
Estuaries
Floating river vegetation
Lagoons*
Large shallow inlets and bays
Mediterranean salt meadows
Molinia meadows
Perennial vegetation of stony banks
Reefs
Residual alluvial forests*
Salicornia mud
Sandbanks
Sea cliffs
AA Screening Determination Variation to North Tipperary County Development Plan 2009 (as varied) and South Tipperary Development Plan (as varied)
Page 9 of 14
Site Code Site Name Location QIs / SCIs
Tidal mudflats
Atlantic Salmon
Bottle-Nosed Dolphin
Brook Lamprey
Freshwater Pearl Mussel
Otter
River Lamprey
Sea Lamprey
2170 Blackwater River (Cork/
Waterford) SAC
cSAC is located within
County Tipperary
Atlantic salt meadows
Estuaries
Floating river vegetation
Mediterranean salt meadows
Old oak woodlands
Perennial vegetation of stony banks
Residual alluvial forests*
Salicornia mud
Taxus baccata woods*
Tidal mudflats
Atlantic Salmon
Brook Lamprey
Freshwater Pearl Mussel
Killarney Fern
Otter
River Lamprey
Sea Lamprey
Twaite Shad
White-Clawed Crayfish
2241 Lough Derg, North-East
Shore SAC
cSAC is located within
County Tipperary
Alkaline fens
Cladium fen*
Juniper scrub
Limestone pavement*
Residual alluvial forests*
Taxus baccata woods*
2257 Moanour Mountain SAC cSAC is located within
County Tipperary
Species-rich nardus upland grassland*
2258 Silvermines Mountains West
SAC
cSAC is located within
County Tipperary
Dry heaths
Wet heath
2353 Redwood Bog SAC cSAC is located within
County Tipperary
Degraded raised bogs
Raised bog (active)*
Rhyncosporion depressions
4058 Lough Derg (Shannon) SPA The SPA occurs within
County Tipperary.
Common Tern, three waterbird species, and
wetland habitat.
4086 River Little Brosna Callows
SPA
The SPA occurs within
County Tipperary.
Four Annex I bird species, seven waterbirds, and
wetland habitat.
4094 Blackwater Callows SPA SPA occurs approximately
6.3km south of County
Tipperary.
Whooper Swan, three waterbird species, and
wetland habitat.
4096 Middle Shannon Callows
SPA
The SPA occurs within
County Tipperary.
Three Annex I bird species, four waterbird
species, and wetland habitat.
AA Screening Determination Variation to North Tipperary County Development Plan 2009 (as varied) and South Tipperary Development Plan (as varied)
Page 10 of 14
Site Code Site Name Location QIs / SCIs
4103 All Saints Bog and SPA The SPA occurs
approximately 0.8km north
of County Tipperary.
Greenland White-fronted Goose
4137 Dovegrove Callows SPA The SPA occurs
immediately adjacent to
the County.
Greenland White-fronted Goose
4160 Slieve Bloom Mountains
SPA
The SPA occurs
approximately 1km east of
the County.
Hen Harrier
4165 Slievefelim to Silvermines
Mountains SPA
The SPA occurs within
County Tipperary.
Hen Harrier
AA Screening Determination Variation to North Tipperary County Development Plan 2009 (as varied) and South Tipperary Development Plan (as varied)
Page 11 of 14
Figure 2: Map of Natura 2000 sites
AA Screening Determination Variation to North Tipperary County Development Plan 2009 (as varied) and South Tipperary Development Plan (as varied)
Page 12 of 14
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 European 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 proposed Variation(s) is to incorporate a mandatory objective
to incentivise the development of vacant sites in urban areas for housing and
regeneration purposes. Therefore, the proposed Variation(s) are not considered by
the Habitats Directive to be directly connected with or necessary to the management
of European designated sites.
2.3.2 Elements of the Proposed Variation with Potential to Give Rise to
Significant Effects
The North and South Tipperary County Development Plans have been subject to
Strategic Environment Assessment and Habitats Directive Assessment. This
Variation proposes no change to the zoning framework in place. Furthermore, all
development will be subject to EIA/AA screening processes, Environmental Impact
Statements and Natural Impact Statements will be requested, as appropriate, to
inform the assessment of the Planning Authority.
The Natura 2000 network as listed in Table 1 above will not be affected by the
proposed variation to the County Development Plans.
SECTION 4: CONSULTATION
Comments were received from the statutory consultees and these are addressed in the SEA
Screening Determination and Report.
AA Screening Determination Variation to North Tipperary County Development Plan 2009 (as varied) and South Tipperary Development Plan (as varied)
Page 13 of 14
SECTION 5: SCREENING CONCLUSION
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.
The Screening assessment determined and identified existing and potential effects of the
proposed Variation on the Natura 2000 network relevant to the Plan area. 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.
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.
APPROPRIATE ASSESSMENT
SCREENING DETERMINATION
FOR
PROPOSED VARIATION OF THE CLONMEL AND ENVIRONS
DEVELOPMENT PLAN 2013
IN ACCORDANCE WITH THE REQUIREMENTS OF
ARTICLE 6(3) OF THE EU HABITATS DIRECTIVE
MARCH 2017
AA Determination Report Variation to Clonmel and Environs Development Plan 2013
Page 1 of 12
AA Determination Report Variation to Clonmel and Environs Development Plan 2013
Page 2 of 12
Contents Section 1: Introduction .......................................................................................................... 3
1.2 Variation of the plan ................................................................................................ 3
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. ............................................................ 5
2.3 Assessment of likely effects – Direct, indirect and cumulative .............................. 10
Section 4: Consultation ....................................................................................................... 10
Section 5: Screening Conclusion ........................................................................................ 11
AA Determination Report Variation to Clonmel and Environs Development Plan 2013
Page 3 of 12
SECTION 1: INTRODUCTION
1.1 Background
Tipperary County Council (the Council) intends to vary the Clonmel and Environs
Development Plan 20131 following the enactment of the Urban Regeneration and
Housing Act 2015. These variations will incorporate a new mandatory objective in
respect of the regeneration and re-utilisation of vacant sites, and will facilitate the
implementation of legislative actions to address undeveloped sites in the county.
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 including listed rare and vulnerable
species, regularly occurring migratory species, such as ducks, geese and waders.
SPA’s include 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.
1.2 Variation of the plan
The Urban Regeneration and Housing Act 2015 (hereafter the Act) has introduced a
range of legislative mechanisms to incentivise the development of vacant sites in
urban areas for housing and regeneration purposes. It is intended that the legislation,
which includes the establishment of a vacant site register, will assist in bringing
1 In accordance with Section 11(A) (2)(b) of the Planning and Development Act 2000 (as amended) the lifetime of
the Development Plans have been extended.
AA Determination Report Variation to Clonmel and Environs Development Plan 2013
Page 4 of 12
underutilised and vacant sites in urban areas into beneficial use. The purpose of the
variation of the Plan is to include a mandatory objective, as required by the Act,
which will provide the statutory basis for the establishment and maintenance of the
vacant site register and to give effect to associated legislative mechanisms. In this
respect, while the objective will apply to zoned areas across the county, no changes
are proposed to land use zoning framework provided in the Development Plan.
The Variation consists of a new Section which will be incorporated into Chapter 2
(Core Strategy) of the Development Plan, as follows.
Section 2.1.1.1 Urban Regeneration
The Urban Regeneration and Housing Act 2015, which was enacted as an action of
the Government’s Construction 2020 Strategy, provides for a range of measures to
encourage developers and landowners to develop land identified for regeneration
and housing purposes. The legislative mechanisms include the establishment of a
vacant site register and levy to incentivise development and bring sites into beneficial
use.
In accordance with the provisions of the Act, it is an objective of the Council
To promote the appropriate development and renewal of urban sites and areas,
identified having regard to the core strategy, that are in need of regeneration, in order
to ensure there is no –
(i) adverse effects on existing amenities in such areas, in particular as a result of the ruinous or neglected condition of any land,
(ii) urban blight and decay,
(iii) anti-social behaviour, or
(iv) shortage of habitable houses or of land suitable for residential use or a mixture of residential and other uses.
The Council will seek to apply a range of land activation measures, as appropriate, to
encourage development for housing and regeneration purposes including the on-
going maintenance of a vacant site register.
AA Determination Report Variation to Clonmel and Environs Development Plan 2013
Page 5 of 12
SECTION 2: STAGE 1 AA SCREENING
The Screening Report was undertaken in accordance with:
The Habitats Directive, 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
The Guidelines for Planning Authorities for Appropriate Assessment
2.1 Description of plan and local site or plan area characteristics
The Variation focuses on the incorporation of an objective to incentivise the
development of vacant sites in urban areas for housing and regeneration purposes. A
levy will be applied to sites in order to encourage the vacant sites to be brought into
use. There are no changes proposed to zoning objectives in relation to the
Development Plan. Therefore, the proposed amendment would not, in itself, set a
framework for other projects and activities that would have an impact on the Natura
2000 network.
2.2 Identification of relevant Natura 2000 Sites, & compilation of information on
their qualifying interests.
The information provided in Table 1 below provides a summary of Natura 2000 sites
within County Tipperary or immediately adjacent to the County.
Table 1: List of Natura 2000 sites
Site Code Site Name Location QIs / SCIs
0216 River Shannon Callows SAC cSAC is located within
County Tipperary.
Limestone pavement*
Lowland hay meadows
Molinia meadows
Residual alluvial forests*
Otter
0585 Sharavogue Bog SAC cSAC is located within
County Tipperary
Raised bog (active)*
Degraded raised bogs
Rhyncosporion depressions
0641 Ballyduff/ Clonfinane Bog
SAC
cSAC is located within
County Tipperary
Bog woodland*
Degraded raised bogs
Raised bog (active)*
Rhynchosporion depressions
0646 Galtee Mountains SAC cSAC is located within
County Tipperary
Alpine and subalpine heath
Blanket bog (active)*
Calcareous rocky slopes
Dry heaths
Siliceous rocky slopes
Species-rich nardus upland grassland*
AA Determination Report Variation to Clonmel and Environs Development Plan 2013
Page 6 of 12
Site Code Site Name Location QIs / SCIs
0647 Kilcarren-Firville Bog SAC cSAC is located within
County Tipperary
Degraded raised bogs
Raised bog (active)*
Rhynchosporion depressions
0930 Clare Glen SAC cSAC is located within
County Tipperary
Old oak woodlands
Killarney Fern
0934 Kilduff, Devilsbit Mountain
SAC
cSAC is located within
County Tipperary
Dry heaths
Species-rich nardus upland grassland*
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)*
Species-rich nardus upland grassland*
Wet heath
1683 Liskeenan Fen SAC cSAC is located within
County Tipperary
Cladium fen*
1847 Philipston Marsh SAC cSAC is located within
County Tipperary
Transition mires
2124 Bolingbrook Hill SAC cSAC is located within
County Tipperary
Dry heaths
Species-rich nardus upland grassland*
Wet heath
2125 Angelesey Road SAC cSAC is located within
County Tipperary
Species-rich nardus upland grassland*
2137 Lower River Suir SAC cSAC is located within
County Tipperary
Atlantic salt meadows
Floating river vegetation
Hydrophilous tall herb
Mediterranean salt meadows
Old oak woodlands
Residual alluvial forests*
Taxus baccata woods*
Atlantic Salmon
Brook Lamprey
Freshwater Pearl Mussel
Otter
River Lamprey
Sea Lamprey
Twaite Shad
White-Clawed Crayfish
2162 River Barrow and River Nore
SAC
cSAC is located within
County Tipperary
Atlantic salt meadows
Dry heaths
Estuaries
Floating river vegetation
Hydrophilous tall herb
Mediterranean salt meadows
Old oak woodlands
Petrifying springs*
Residual alluvial forests*
Salicornia mud
Tidal mudflats
Atlantic Salmon
Brook Lamprey
AA Determination Report Variation to Clonmel and Environs Development Plan 2013
Page 7 of 12
Site Code Site Name Location QIs / SCIs
Desmoulins’s whorl snail
Freshwater Pearl Mussel
Irish Freshwater Pearl Mussel
Killarney Fern
Otter
River Lamprey
Sea Lamprey
Twaite Shad
White-Clawed Crayfish
2165 Lower River Shannon SAC cSAC is located within
County Tipperary
Atlantic salt meadows
Estuaries
Floating river vegetation
Lagoons*
Large shallow inlets and bays
Mediterranean salt meadows
Molinia meadows
Perennial vegetation of stony banks
Reefs
Residual alluvial forests*
Salicornia mud
Sandbanks
Sea cliffs
Tidal mudflats
Atlantic Salmon
Bottle-Nosed Dolphin
Brook Lamprey
Freshwater Pearl Mussel
Otter
River Lamprey
Sea Lamprey
2170 Blackwater River (Cork/
Waterford) SAC
cSAC is located within
County Tipperary
Atlantic salt meadows
Estuaries
Floating river vegetation
Mediterranean salt meadows
Old oak woodlands
Perennial vegetation of stony banks
Residual alluvial forests*
Salicornia mud
Taxus baccata woods*
Tidal mudflats
Atlantic Salmon
Brook Lamprey
Freshwater Pearl Mussel
Killarney Fern
Otter
River Lamprey
Sea Lamprey
Twaite Shad
White-Clawed Crayfish
AA Determination Report Variation to Clonmel and Environs Development Plan 2013
Page 8 of 12
Site Code Site Name Location QIs / SCIs
2241 Lough Derg, North-East
Shore SAC
cSAC is located within
County Tipperary
Alkaline fens
Cladium fen*
Juniper scrub
Limestone pavement*
Residual alluvial forests*
Taxus baccata woods*
2257 Moanour Mountain SAC cSAC is located within
County Tipperary
Species-rich nardus upland grassland*
2258 Silvermines Mountains West
SAC
cSAC is located within
County Tipperary
Dry heaths
Wet heath
2353 Redwood Bog SAC cSAC is located within
County Tipperary
Degraded raised bogs
Raised bog (active)*
Rhyncosporion depressions
4058 Lough Derg (Shannon) SPA The SPA occurs within
County Tipperary.
Common Tern, three waterbird species, and
wetland habitat.
4086 River Little Brosna Callows
SPA
The SPA occurs within
County Tipperary.
Four Annex I bird species, seven waterbirds, and
wetland habitat.
4094 Blackwater Callows SPA SPA occurs approximately
6.3km south of County
Tipperary.
Whooper Swan, three waterbird species, and
wetland habitat.
4096 Middle Shannon Callows
SPA
The SPA occurs within
County Tipperary.
Three Annex I bird species, four waterbird
species, and wetland habitat.
4103 All Saints Bog and SPA The SPA occurs
approximately 0.8km north
of County Tipperary.
Greenland White-fronted Goose
4137 Dovegrove Callows SPA The SPA occurs
immediately adjacent to
the County.
Greenland White-fronted Goose
4160 Slieve Bloom Mountains
SPA
The SPA occurs
approximately 1km east of
the County.
Hen Harrier
4165 Slievefelim to Silvermines
Mountains SPA
The SPA occurs within
County Tipperary.
Hen Harrier
AA Determination Report Variation to Clonmel and Environs Development Plan 2013
Page 9 of 12
Figure 2: Map of Natura 2000 sites
AA Determination Report Variation to Clonmel and Environs Development Plan 2013
Page 10 of 12
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 European 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 proposed Variation is to incorporate a mandatory objective to
incentivise the development of vacant sites in urban areas for housing and
regeneration purposes. Therefore, the proposed Variation is not directly connected
with or necessary to the management of European designated sites.
2.3.2 Elements of the Proposed Variation with Potential to Give Rise to
Significant Effects
The Clonmel and Environs Development Plan has been subject to Strategic
Environment Assessment and Habitats Directive Assessment. This Variation
proposes no change to the zoning framework in place. Furthermore, all development
will be subject to EIA/AA screening processes and Environmental Impact Statements
and Natural Impact Statements will be requested, as appropriate, to inform the
assessment of the Planning Authority.
The Natura 2000 network as listed in Table 1 above will not be affected by the
proposed variation to the Development Plan.
SECTION 4: CONSULTATION
Comments were received from the statutory consultees and these are addressed in the SEA
Screening Determination and Report.
AA Determination Report Variation to Clonmel and Environs Development Plan 2013
Page 11 of 12
SECTION 5: SCREENING CONCLUSION
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.
The Screening assessment determined and identified existing and potential effects of the
proposed Variation on the Natura 2000 network relevant to the Plan area. 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.
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.
APPROPRIATE ASSESSMENT
SCREENING DETERMINATION
FOR
PROPOSED VARIATION OF THE NENAGH TOWN AND
ENVIRONS DEVELOPMENT PLAN 2013
IN ACCORDANCE WITH THE REQUIREMENTS OF
ARTICLE 6(3) OF THE EU HABITATS DIRECTIVE
MARCH 2017
AA Determination Report Variation to Nenagh Town and Environs Development Plan 2013
Page 1 of 12
AA Determination Report Variation to Nenagh Town and Environs Development Plan 2013
Page 2 of 12
Contents Section 1: Introduction .......................................................................................................... 3
1.2 Variation of the plan ................................................................................................ 3
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 ............................................................. 5
2.3 Assessment of likely effects – Direct, indirect and cumulative ............................... 10
Section 4: Consultation ....................................................................................................... 10
Section 5: Screening Conclusion ........................................................................................ 11
AA Determination Report Variation to Nenagh Town and Environs Development Plan 2013
Page 3 of 12
SECTION 1: INTRODUCTION
1.1 Background
Tipperary County Council (the Council) intends to vary the Nenagh Town and
Environs Development Plan 20131 following the enactment of the Urban
Regeneration and Housing Act 2015. These variations will incorporate a new
mandatory objective in respect of the regeneration and re-utilisation of vacant sites,
and will facilitate the implementation of legislative actions to address undeveloped
sites in the county.
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 including listed rare and vulnerable
species, regularly occurring migratory species, such as ducks, geese and waders.
SPA’s include 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.
1.2 Variation of the plan
The Urban Regeneration and Housing Act 2015 (hereafter the Act) has introduced a
range of legislative mechanisms to incentivise the development of vacant sites in
urban areas for housing and regeneration purposes. It is intended that the legislation,
1 In accordance with Section 11(A) (2)(b) of the Planning and Development Act 2000 (as amended) the lifetime of
the Development Plans have been extended.
AA Determination Report Variation to Nenagh Town and Environs Development Plan 2013
Page 4 of 12
which includes the establishment of a vacant site register, will assist in bringing
underutilised and vacant sites in urban areas into beneficial use. The purpose of the
variation of the Plan is to include a mandatory objective, as required by the Act,
which will provide the statutory basis for the establishment and maintenance of the
vacant site register and to give effect to associated legislative mechanisms. In this
respect, while the objective will apply to zoned areas across the county, no changes
are proposed to land use zoning framework provided in the Development Plan.
The Variation consists of a new Section which will be incorporated into Chapter 3 of
the Development Plan, as follows.
Section 3.2.1.1 Urban Regeneration
The Urban Regeneration and Housing Act 2015, which was enacted as an action of
the Government’s Construction 2020 Strategy, provides for a range of measures to
encourage developers and landowners to develop land identified for regeneration
and housing purposes. The legislative mechanisms include the establishment of a
vacant site register and levy to incentivise development and bring sites into beneficial
use.
In accordance with the provisions of the Act, it is an objective of the Council
To promote the appropriate development and renewal of urban sites and areas,
identified having regard to the core strategy, that are in need of regeneration, in order
to ensure there is no –
(i) adverse effects on existing amenities in such areas, in particular as a result of the ruinous or neglected condition of any land,
(ii) urban blight and decay,
(iii) anti-social behaviour, or
(iv) shortage of habitable houses or of land suitable for residential use or a mixture of residential and other uses.
The Council will seek to apply a range of land activation measures, as appropriate, to
encourage development for housing and regeneration purposes including the on-
going maintenance of a vacant site register.
AA Determination Report Variation to Nenagh Town and Environs Development Plan 2013
Page 5 of 12
SECTION 2: STAGE 1 AA SCREENING
The Screening Report was undertaken in accordance with:
The Habitats Directive, 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
The Guidelines for Planning Authorities for Appropriate Assessment
2.1 Description of plan and local site or plan area characteristics
The Variation focuses on the incorporation of an objective to incentivise the
development of vacant sites in urban areas for housing and regeneration purposes. A
levy will be applied to sites in order to encourage the vacant sites to be brought into
use. There are no changes proposed to zoning objectives in relation to the
Development Plan. Therefore, the proposed amendment would not, in itself, set a
framework for other projects and activities that would have an impact on the Natura
2000 network.
2.2 Identification of relevant Natura 2000 Sites, & compilation of information on
their qualifying interests.
The information provided in Table 1 below provides a summary of Natura 2000 sites
within County Tipperary or immediately adjacent to the County.
Table 1: List of Natura 2000 sites
Site Code Site Name Location QIs / SCIs
0216 River Shannon Callows SAC cSAC is located within
County Tipperary.
Limestone pavement*
Lowland hay meadows
Molinia meadows
Residual alluvial forests*
Otter
0585 Sharavogue Bog SAC cSAC is located within
County Tipperary
Raised bog (active)*
Degraded raised bogs
Rhyncosporion depressions
0641 Ballyduff/ Clonfinane Bog
SAC
cSAC is located within
County Tipperary
Bog woodland*
Degraded raised bogs
Raised bog (active)*
Rhynchosporion depressions
0646 Galtee Mountains SAC cSAC is located within
County Tipperary
Alpine and subalpine heath
Blanket bog (active)*
Calcareous rocky slopes
Dry heaths
Siliceous rocky slopes
Species-rich nardus upland grassland*
AA Determination Report Variation to Nenagh Town and Environs Development Plan 2013
Page 6 of 12
Site Code Site Name Location QIs / SCIs
0647 Kilcarren-Firville Bog SAC cSAC is located within
County Tipperary
Degraded raised bogs
Raised bog (active)*
Rhynchosporion depressions
0930 Clare Glen SAC cSAC is located within
County Tipperary
Old oak woodlands
Killarney Fern
0934 Kilduff, Devilsbit Mountain
SAC
cSAC is located within
County Tipperary
Dry heaths
Species-rich nardus upland grassland*
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)*
Species-rich nardus upland grassland*
Wet heath
1683 Liskeenan Fen SAC cSAC is located within
County Tipperary
Cladium fen*
1847 Philipston Marsh SAC cSAC is located within
County Tipperary
Transition mires
2124 Bolingbrook Hill SAC cSAC is located within
County Tipperary
Dry heaths
Species-rich nardus upland grassland*
Wet heath
2125 Angelesey Road SAC cSAC is located within
County Tipperary
Species-rich nardus upland grassland*
2137 Lower River Suir SAC cSAC is located within
County Tipperary
Atlantic salt meadows
Floating river vegetation
Hydrophilous tall herb
Mediterranean salt meadows
Old oak woodlands
Residual alluvial forests*
Taxus baccata woods*
Atlantic Salmon
Brook Lamprey
Freshwater Pearl Mussel
Otter
River Lamprey
Sea Lamprey
Twaite Shad
White-Clawed Crayfish
2162 River Barrow and River Nore
SAC
cSAC is located within
County Tipperary
Atlantic salt meadows
Dry heaths
Estuaries
Floating river vegetation
Hydrophilous tall herb
Mediterranean salt meadows
Old oak woodlands
Petrifying springs*
Residual alluvial forests*
Salicornia mud
Tidal mudflats
Atlantic Salmon
Brook Lamprey
AA Determination Report Variation to Nenagh Town and Environs Development Plan 2013
Page 7 of 12
Site Code Site Name Location QIs / SCIs
Desmoulins’s whorl snail
Freshwater Pearl Mussel
Irish Freshwater Pearl Mussel
Killarney Fern
Otter
River Lamprey
Sea Lamprey
Twaite Shad
White-Clawed Crayfish
2165 Lower River Shannon SAC cSAC is located within
County Tipperary
Atlantic salt meadows
Estuaries
Floating river vegetation
Lagoons*
Large shallow inlets and bays
Mediterranean salt meadows
Molinia meadows
Perennial vegetation of stony banks
Reefs
Residual alluvial forests*
Salicornia mud
Sandbanks
Sea cliffs
Tidal mudflats
Atlantic Salmon
Bottle-Nosed Dolphin
Brook Lamprey
Freshwater Pearl Mussel
Otter
River Lamprey
Sea Lamprey
2170 Blackwater River (Cork/
Waterford) SAC
cSAC is located within
County Tipperary
Atlantic salt meadows
Estuaries
Floating river vegetation
Mediterranean salt meadows
Old oak woodlands
Perennial vegetation of stony banks
Residual alluvial forests*
Salicornia mud
Taxus baccata woods*
Tidal mudflats
Atlantic Salmon
Brook Lamprey
Freshwater Pearl Mussel
Killarney Fern
Otter
River Lamprey
Sea Lamprey
Twaite Shad
White-Clawed Crayfish
AA Determination Report Variation to Nenagh Town and Environs Development Plan 2013
Page 8 of 12
Site Code Site Name Location QIs / SCIs
2241 Lough Derg, North-East
Shore SAC
cSAC is located within
County Tipperary
Alkaline fens
Cladium fen*
Juniper scrub
Limestone pavement*
Residual alluvial forests*
Taxus baccata woods*
2257 Moanour Mountain SAC cSAC is located within
County Tipperary
Species-rich nardus upland grassland*
2258 Silvermines Mountains West
SAC
cSAC is located within
County Tipperary
Dry heaths
Wet heath
2353 Redwood Bog SAC cSAC is located within
County Tipperary
Degraded raised bogs
Raised bog (active)*
Rhyncosporion depressions
4058 Lough Derg (Shannon) SPA The SPA occurs within
County Tipperary.
Common Tern, three waterbird species, and
wetland habitat.
4086 River Little Brosna Callows
SPA
The SPA occurs within
County Tipperary.
Four Annex I bird species, seven waterbirds, and
wetland habitat.
4094 Blackwater Callows SPA SPA occurs approximately
6.3km south of County
Tipperary.
Whooper Swan, three waterbird species, and
wetland habitat.
4096 Middle Shannon Callows
SPA
The SPA occurs within
County Tipperary.
Three Annex I bird species, four waterbird
species, and wetland habitat.
4103 All Saints Bog and SPA The SPA occurs
approximately 0.8km north
of County Tipperary.
Greenland White-fronted Goose
4137 Dovegrove Callows SPA The SPA occurs
immediately adjacent to
the County.
Greenland White-fronted Goose
4160 Slieve Bloom Mountains
SPA
The SPA occurs
approximately 1km east of
the County.
Hen Harrier
4165 Slievefelim to Silvermines
Mountains SPA
The SPA occurs within
County Tipperary.
Hen Harrier
AA Determination Report Variation to Nenagh Town and Environs Development Plan 2013
Page 9 of 12
Figure 2: Map of Natura 2000 sites
AA Determination Report Variation to Nenagh Town and Environs Development Plan 2013
Page 10 of 12
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 European 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 incorporate a mandatory
objective to incentivise the development of vacant sites in urban areas for housing
and regeneration purposes. Therefore, the proposed Variation is not directly
connected with or necessary to the management of European designated sites.
2.3.2 Elements of the Proposed Variation with Potential to Give Rise to
Significant Effects
This Variation proposes no change to the zoning framework in place. Furthermore, all
development will be subject to EIA/AA screening processes and Environmental
Impact Statements and Natural Impact Statements will be requested, as appropriate,
to inform the assessment of the Planning Authority.
The Natura 2000 network as listed in Table 1 above will not be affected by the
proposed variation to the Development Plan.
SECTION 4: CONSULTATION
Comments were received from the statutory consultees and these are addressed in the SEA
Screening Determination and Report.
AA Determination Report Variation to Nenagh Town and Environs Development Plan 2013
Page 11 of 12
SECTION 5: SCREENING CONCLUSION
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.
The Screening assessment determined and identified existing and potential effects of the
proposed Variation on the Natura 2000 network relevant to the Plan area. 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.
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.
APPROPRIATE ASSESSMENT
SCREENING DETERMINATION
FOR
PROPOSED VARIATION OF THE TEMPLEMORE AND
ENVIRONS DEVELOPMENT PLAN 2012
IN ACCORDANCE WITH THE REQUIREMENTS OF
ARTICLE 6(3) OF THE EU HABITATS DIRECTIVE
MARCH 2017
AA Determination Report Variation to Templemore and Environs Development Plan 2012
Page 1 of 12
AA Determination Report Variation to Templemore and Environs Development Plan 2012
Page 2 of 12
Contents Section 1: Introduction ....................................................................................................... 3
1.2 Variation of the plan ................................................................................................ 4
Section 2: Stage 1 AA Screening ....................................................................................... 5
1.3 2.1 Description of plan and local site or plan area characteristics ........................... 5
1.4 2.2 Identification of relevant Natura 2000 Sites, & compilation of information on
their qualifying interests. .................................................................................................... 5
1.5 2.3 Assessment of likely effects – Direct, indirect and cumulative – undertaken on
the basis of available information ..................................................................................... 10
Section 4: Consultation .................................................................................................... 10
Section 5: Screening Conclusion .................................................................................... 11
AA Determination Report Variation to Templemore and Environs Development Plan 2012
Page 3 of 12
SECTION 1: INTRODUCTION
1.1 Background
Tipperary County Council (the Council) intends to vary the Templemore and Environs
Development Plan 2012-20181 following the enactment of the Urban Regeneration
and Housing Act 2015. This variation will incorporate a new mandatory objective in
respect of the regeneration and re-utilisation of vacant sites, and will facilitate the
implementation of legislative actions to address undeveloped sites in the county.
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 including listed rare and vulnerable
species, regularly occurring migratory species, such as ducks, geese and waders.
SPA’s include 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.
1 In accordance with Section 11(A) (2)(b) of the Planning and Development Act 2000 (as amended) the lifetime of
the Development Plans have been extended.
AA Determination Report Variation to Templemore and Environs Development Plan 2012
Page 4 of 12
1.2 Variation of the plan
The Urban Regeneration and Housing Act 2015 (hereafter the Act) has introduced a
range of legislative mechanisms to incentivise the development of vacant sites in
urban areas for housing and regeneration purposes. It is intended that the legislation,
which includes the establishment of a vacant site register, will assist in bringing
underutilised and vacant sites in urban areas into beneficial use. The purpose of the
variation of the Plan is to include a mandatory objective, as required by the Act,
which will provide the statutory basis for the establishment and maintenance of the
vacant site register and to give effect to associated legislative mechanisms. In this
respect, while the objective will apply to zoned areas across the county, no changes
are proposed to land use zoning framework provided in the Development Plan.
The Variation consists of a new Section which will be incorporated into Chapter 3 of
the Development Plan, as follows.
Section 3.1.1 Urban Regeneration
The Urban Regeneration and Housing Act 2015, which was enacted as an action of
the Government’s Construction 2020 Strategy, provides for a range of measures to
encourage developers and landowners to develop land identified for regeneration
and housing purposes. The legislative mechanisms include the establishment of a
vacant site register and levy to incentivise development and bring sites into beneficial
use.
In accordance with the provisions of the Act, it is an objective of the Council
To promote the appropriate development and renewal of urban sites and areas,
identified having regard to the core strategy, that are in need of regeneration, in order
to ensure there is no –
(i) adverse effects on existing amenities in such areas, in particular as a result of the ruinous or neglected condition of any land,
(ii) urban blight and decay,
(iii) anti-social behaviour, or
(iv) shortage of habitable houses or of land suitable for residential use or a mixture of residential and other uses.
AA Determination Report Variation to Templemore and Environs Development Plan 2012
Page 5 of 12
The Council will seek to apply a range of land activation measures, as appropriate, to
encourage development for housing and regeneration purposes including the on-
going maintenance of a vacant site register.
SECTION 2: STAGE 1 AA SCREENING
The Screening Report was undertaken in accordance with:
The Habitats Directive, 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
The Guidelines for Planning Authorities for Appropriate Assessment
1.3 2.1 Description of plan and local site or plan area characteristics
The Variation focuses on the incorporation of an objective to incentivise the
development of vacant sites in urban areas for housing and regeneration purposes. A
levy will be applied to sites in order to encourage the vacant sites to be brought into
use. There are no changes proposed to zoning objectives in relation to the
Development Plan. Therefore, the proposed amendment would not, in itself, set a
framework for other projects and activities that would have an impact on the Natura
2000 network.
1.4 2.2 Identification of relevant Natura 2000 Sites, & compilation of information on
their qualifying interests.
The information provided in Table 1 below provides a summary of Natura 2000 sites
within County Tipperary or immediately adjacent to the County.
Table 1: List of Natura 2000 sites
Site Code Site Name Location QIs / SCIs
0216 River Shannon Callows SAC cSAC is located within
County Tipperary.
Limestone pavement*
Lowland hay meadows
Molinia meadows
Residual alluvial forests*
Otter
0585 Sharavogue Bog SAC cSAC is located within
County Tipperary
Raised bog (active)*
Degraded raised bogs
Rhyncosporion depressions
0641 Ballyduff/ Clonfinane Bog
SAC
cSAC is located within
County Tipperary
Bog woodland*
Degraded raised bogs
AA Determination Report Variation to Templemore and Environs Development Plan 2012
Page 6 of 12
Site Code Site Name Location QIs / SCIs
Raised bog (active)*
Rhynchosporion depressions
0646 Galtee Mountains SAC cSAC is located within
County Tipperary
Alpine and subalpine heath
Blanket bog (active)*
Calcareous rocky slopes
Dry heaths
Siliceous rocky slopes
Species-rich nardus upland grassland*
0647 Kilcarren-Firville Bog SAC cSAC is located within
County Tipperary
Degraded raised bogs
Raised bog (active)*
Rhynchosporion depressions
0930 Clare Glen SAC cSAC is located within
County Tipperary
Old oak woodlands
Killarney Fern
0934 Kilduff, Devilsbit Mountain
SAC
cSAC is located within
County Tipperary
Dry heaths
Species-rich nardus upland grassland*
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)*
Species-rich nardus upland grassland*
Wet heath
1683 Liskeenan Fen SAC cSAC is located within
County Tipperary
Cladium fen*
1847 Philipston Marsh SAC cSAC is located within
County Tipperary
Transition mires
2124 Bolingbrook Hill SAC cSAC is located within
County Tipperary
Dry heaths
Species-rich nardus upland grassland*
Wet heath
2125 Angelesey Road SAC cSAC is located within
County Tipperary
Species-rich nardus upland grassland*
2137 Lower River Suir SAC cSAC is located within
County Tipperary
Atlantic salt meadows
Floating river vegetation
Hydrophilous tall herb
Mediterranean salt meadows
Old oak woodlands
Residual alluvial forests*
Taxus baccata woods*
Atlantic Salmon
Brook Lamprey
Freshwater Pearl Mussel
Otter
River Lamprey
Sea Lamprey
Twaite Shad
White-Clawed Crayfish
2162 River Barrow and River Nore
SAC
cSAC is located within
County Tipperary
Atlantic salt meadows
Dry heaths
Estuaries
Floating river vegetation
Hydrophilous tall herb
AA Determination Report Variation to Templemore and Environs Development Plan 2012
Page 7 of 12
Site Code Site Name Location QIs / SCIs
Mediterranean salt meadows
Old oak woodlands
Petrifying springs*
Residual alluvial forests*
Salicornia mud
Tidal mudflats
Atlantic Salmon
Brook Lamprey
Desmoulins’s whorl snail
Freshwater Pearl Mussel
Irish Freshwater Pearl Mussel
Killarney Fern
Otter
River Lamprey
Sea Lamprey
Twaite Shad
White-Clawed Crayfish
2165 Lower River Shannon SAC cSAC is located within
County Tipperary
Atlantic salt meadows
Estuaries
Floating river vegetation
Lagoons*
Large shallow inlets and bays
Mediterranean salt meadows
Molinia meadows
Perennial vegetation of stony banks
Reefs
Residual alluvial forests*
Salicornia mud
Sandbanks
Sea cliffs
Tidal mudflats
Atlantic Salmon
Bottle-Nosed Dolphin
Brook Lamprey
Freshwater Pearl Mussel
Otter
River Lamprey
Sea Lamprey
2170 Blackwater River (Cork/
Waterford) SAC
cSAC is located within
County Tipperary
Atlantic salt meadows
Estuaries
Floating river vegetation
Mediterranean salt meadows
Old oak woodlands
Perennial vegetation of stony banks
Residual alluvial forests*
Salicornia mud
Taxus baccata woods*
Tidal mudflats
Atlantic Salmon
AA Determination Report Variation to Templemore and Environs Development Plan 2012
Page 8 of 12
Site Code Site Name Location QIs / SCIs
Brook Lamprey
Freshwater Pearl Mussel
Killarney Fern
Otter
River Lamprey
Sea Lamprey
Twaite Shad
White-Clawed Crayfish
2241 Lough Derg, North-East
Shore SAC
cSAC is located within
County Tipperary
Alkaline fens
Cladium fen*
Juniper scrub
Limestone pavement*
Residual alluvial forests*
Taxus baccata woods*
2257 Moanour Mountain SAC cSAC is located within
County Tipperary
Species-rich nardus upland grassland*
2258 Silvermines Mountains West
SAC
cSAC is located within
County Tipperary
Dry heaths
Wet heath
2353 Redwood Bog SAC cSAC is located within
County Tipperary
Degraded raised bogs
Raised bog (active)*
Rhyncosporion depressions
4058 Lough Derg (Shannon) SPA The SPA occurs within
County Tipperary.
Common Tern, three waterbird species, and
wetland habitat.
4086 River Little Brosna Callows
SPA
The SPA occurs within
County Tipperary.
Four Annex I bird species, seven waterbirds, and
wetland habitat.
4094 Blackwater Callows SPA SPA occurs approximately
6.3km south of County
Tipperary.
Whooper Swan, three waterbird species, and
wetland habitat.
4096 Middle Shannon Callows
SPA
The SPA occurs within
County Tipperary.
Three Annex I bird species, four waterbird
species, and wetland habitat.
4103 All Saints Bog and SPA The SPA occurs
approximately 0.8km north
of County Tipperary.
Greenland White-fronted Goose
4137 Dovegrove Callows SPA The SPA occurs
immediately adjacent to
the County.
Greenland White-fronted Goose
4160 Slieve Bloom Mountains
SPA
The SPA occurs
approximately 1km east of
the County.
Hen Harrier
4165 Slievefelim to Silvermines
Mountains SPA
The SPA occurs within
County Tipperary.
Hen Harrier
AA Determination Report Variation to Templemore and Environs Development Plan 2012
Page 9 of 12
Figure 2: Map of Natura 2000 sites
AA Determination Report Variation to Templemore and Environs Development Plan 2012
Page 10 of 12
1.5 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 European 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 proposed Variation is to incorporate a mandatory objective to
incentivise the development of vacant sites in urban areas for housing and
regeneration purposes. Therefore, the proposed Variation is not directly connected
with or necessary to the management of European designated sites.
2.3.2 Elements of the Proposed Variation with Potential to Give Rise to
Significant Effects
This Variation proposes no change to the zoning framework in place. Furthermore, all
development will be subject to EIA/AA screening processes and Environmental
Impact Statements and Natural Impact Statements will be requested, as appropriate,
to inform the assessment of the Planning Authority.
The Natura 2000 network as listed in Table 1 above will not be affected by the
proposed variation to the Development Plan.
SECTION 4: CONSULTATION
Comments were received from the statutory consultees and these are addressed in the SEA
Screening Determination and Report.
AA Determination Report Variation to Templemore and Environs Development Plan 2012
Page 11 of 12
SECTION 5: SCREENING CONCLUSION
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.
The Screening assessment determined and identified existing and potential effects of the
proposed Variation on the Natura 2000 network relevant to the Plan area. 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.
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.
APPROPRIATE ASSESSMENT
SCREENING DETERMINATION
FOR
PROPOSED VARIATION OF THE THURLES AND ENVIRONS
DEVELOPMENT PLAN 2009
IN ACCORDANCE WITH THE REQUIREMENTS OF
ARTICLE 6(3) OF THE EU HABITATS DIRECTIVE
MARCH 2017
AA Determination Report Variation to Thurles and Environs Development Plan 2009
Page 1 of 12
AA Determination Report Variation to Thurles and Environs Development Plan 2009
Page 2 of 12
Contents Section 1: Introduction .......................................................................................................... 3
1.2 Variation of the plan ................................................................................................ 3
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 ............................................................. 5
2.3 Assessment of likely effects – Direct, indirect and cumulative ............................... 10
Section 4: Consultation ....................................................................................................... 10
Section 5: Screening Conclusion ........................................... Error! Bookmark not defined.
AA Determination Report Variation to Thurles and Environs Development Plan 2009
Page 3 of 12
SECTION 1: INTRODUCTION
1.1 Background
Tipperary County Council (the Council) intends to vary the Thurles and Environs
Development Plan 20091 following the enactment of the Urban Regeneration and
Housing Act 2015. The variation will incorporate a new mandatory objective in
respect of the regeneration and re-utilisation of vacant sites, and will facilitate the
implementation of legislative actions to address undeveloped sites in the county.
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 including listed rare and vulnerable
species, regularly occurring migratory species, such as ducks, geese and waders.
SPA’s include 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.
1.2 Variation of the plan
The Urban Regeneration and Housing Act 2015 (hereafter the Act) has introduced a
range of legislative mechanisms to incentivise the development of vacant sites in
urban areas for housing and regeneration purposes. It is intended that the legislation,
which includes the establishment of a vacant site register, will assist in bringing
1 In accordance with Section 11(A) (2)(b) of the Planning and Development Act 2000 (as amended) the lifetime of
the Development Plans have been extended.
AA Determination Report Variation to Thurles and Environs Development Plan 2009
Page 4 of 12
underutilised and vacant sites in urban areas into beneficial use. The purpose of the
variation of the Plan is to include a mandatory objective, as required by the Act,
which will provide the statutory basis for the establishment and maintenance of the
vacant site register and to give effect to associated legislative mechanisms. In this
respect, while the objective will apply to zoned areas across the county, no changes
are proposed to land use zoning framework provided in the Development Plan.
The Variation consists of a new Section which will be incorporated into Chapter 3 of
the Development Plan, as follows.
Section 3.3.7 Urban Regeneration
The Urban Regeneration and Housing Act 2015, which was enacted as an action of
the Government’s Construction 2020 Strategy, provides for a range of measures to
encourage developers and landowners to develop land identified for regeneration
and housing purposes. The legislative mechanisms include the establishment of a
vacant site register and levy to incentivise development and bring sites into beneficial
use.
In accordance with the provisions of the Act, it is an objective of the Council
To promote the appropriate development and renewal of urban sites and areas,
identified having regard to the core strategy, that are in need of regeneration, in order
to ensure there is no –
(i) adverse effects on existing amenities in such areas, in particular as a result of the ruinous or neglected condition of any land,
(ii) urban blight and decay,
(iii) anti-social behaviour, or
(iv) shortage of habitable houses or of land suitable for residential use or a mixture of residential and other uses.
The Council will seek to apply a range of land activation measures, as appropriate, to
encourage development for housing and regeneration purposes including the on-
going maintenance of a vacant site register.
AA Determination Report Variation to Thurles and Environs Development Plan 2009
Page 5 of 12
SECTION 2: STAGE 1 AA SCREENING
The Screening Report was undertaken in accordance with:
The Habitats Directive, 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
The Guidelines for Planning Authorities for Appropriate Assessment
2.1 Description of plan and local site or plan area characteristics
The Variation focuses on the incorporation of an objective to incentivise the
development of vacant sites in urban areas for housing and regeneration purposes. A
levy will be applied to sites in order to encourage the vacant sites to be brought into
use. There are no changes proposed to zoning objectives in relation to the
Development Plan. Therefore, the proposed amendment would not, in itself, set a
framework for other projects and activities that would have an impact on the Natura
2000 network.
2.2 Identification of relevant Natura 2000 Sites, & compilation of information on
their qualifying interests.
The information provided in Table 1 below provides a summary of Natura 2000 sites
within County Tipperary or immediately adjacent to the County.
Table 1: List of Natura 2000 sites
Site Code Site Name Location QIs / SCIs
0216 River Shannon Callows SAC cSAC is located within
County Tipperary.
Limestone pavement*
Lowland hay meadows
Molinia meadows
Residual alluvial forests*
Otter
0585 Sharavogue Bog SAC cSAC is located within
County Tipperary
Raised bog (active)*
Degraded raised bogs
Rhyncosporion depressions
0641 Ballyduff/ Clonfinane Bog
SAC
cSAC is located within
County Tipperary
Bog woodland*
Degraded raised bogs
Raised bog (active)*
Rhynchosporion depressions
0646 Galtee Mountains SAC cSAC is located within
County Tipperary
Alpine and subalpine heath
Blanket bog (active)*
Calcareous rocky slopes
Dry heaths
Siliceous rocky slopes
Species-rich nardus upland grassland*
AA Determination Report Variation to Thurles and Environs Development Plan 2009
Page 6 of 12
Site Code Site Name Location QIs / SCIs
0647 Kilcarren-Firville Bog SAC cSAC is located within
County Tipperary
Degraded raised bogs
Raised bog (active)*
Rhynchosporion depressions
0930 Clare Glen SAC cSAC is located within
County Tipperary
Old oak woodlands
Killarney Fern
0934 Kilduff, Devilsbit Mountain
SAC
cSAC is located within
County Tipperary
Dry heaths
Species-rich nardus upland grassland*
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)*
Species-rich nardus upland grassland*
Wet heath
1683 Liskeenan Fen SAC cSAC is located within
County Tipperary
Cladium fen*
1847 Philipston Marsh SAC cSAC is located within
County Tipperary
Transition mires
2124 Bolingbrook Hill SAC cSAC is located within
County Tipperary
Dry heaths
Species-rich nardus upland grassland*
Wet heath
2125 Angelesey Road SAC cSAC is located within
County Tipperary
Species-rich nardus upland grassland*
2137 Lower River Suir SAC cSAC is located within
County Tipperary
Atlantic salt meadows
Floating river vegetation
Hydrophilous tall herb
Mediterranean salt meadows
Old oak woodlands
Residual alluvial forests*
Taxus baccata woods*
Atlantic Salmon
Brook Lamprey
Freshwater Pearl Mussel
Otter
River Lamprey
Sea Lamprey
Twaite Shad
White-Clawed Crayfish
2162 River Barrow and River Nore
SAC
cSAC is located within
County Tipperary
Atlantic salt meadows
Dry heaths
Estuaries
Floating river vegetation
Hydrophilous tall herb
Mediterranean salt meadows
Old oak woodlands
Petrifying springs*
Residual alluvial forests*
Salicornia mud
Tidal mudflats
Atlantic Salmon
Brook Lamprey
AA Determination Report Variation to Thurles and Environs Development Plan 2009
Page 7 of 12
Site Code Site Name Location QIs / SCIs
Desmoulins’s whorl snail
Freshwater Pearl Mussel
Irish Freshwater Pearl Mussel
Killarney Fern
Otter
River Lamprey
Sea Lamprey
Twaite Shad
White-Clawed Crayfish
2165 Lower River Shannon SAC cSAC is located within
County Tipperary
Atlantic salt meadows
Estuaries
Floating river vegetation
Lagoons*
Large shallow inlets and bays
Mediterranean salt meadows
Molinia meadows
Perennial vegetation of stony banks
Reefs
Residual alluvial forests*
Salicornia mud
Sandbanks
Sea cliffs
Tidal mudflats
Atlantic Salmon
Bottle-Nosed Dolphin
Brook Lamprey
Freshwater Pearl Mussel
Otter
River Lamprey
Sea Lamprey
2170 Blackwater River (Cork/
Waterford) SAC
cSAC is located within
County Tipperary
Atlantic salt meadows
Estuaries
Floating river vegetation
Mediterranean salt meadows
Old oak woodlands
Perennial vegetation of stony banks
Residual alluvial forests*
Salicornia mud
Taxus baccata woods*
Tidal mudflats
Atlantic Salmon
Brook Lamprey
Freshwater Pearl Mussel
Killarney Fern
Otter
River Lamprey
Sea Lamprey
Twaite Shad
White-Clawed Crayfish
AA Determination Report Variation to Thurles and Environs Development Plan 2009
Page 8 of 12
Site Code Site Name Location QIs / SCIs
2241 Lough Derg, North-East
Shore SAC
cSAC is located within
County Tipperary
Alkaline fens
Cladium fen*
Juniper scrub
Limestone pavement*
Residual alluvial forests*
Taxus baccata woods*
2257 Moanour Mountain SAC cSAC is located within
County Tipperary
Species-rich nardus upland grassland*
2258 Silvermines Mountains West
SAC
cSAC is located within
County Tipperary
Dry heaths
Wet heath
2353 Redwood Bog SAC cSAC is located within
County Tipperary
Degraded raised bogs
Raised bog (active)*
Rhyncosporion depressions
4058 Lough Derg (Shannon) SPA The SPA occurs within
County Tipperary.
Common Tern, three waterbird species, and
wetland habitat.
4086 River Little Brosna Callows
SPA
The SPA occurs within
County Tipperary.
Four Annex I bird species, seven waterbirds, and
wetland habitat.
4094 Blackwater Callows SPA SPA occurs approximately
6.3km south of County
Tipperary.
Whooper Swan, three waterbird species, and
wetland habitat.
4096 Middle Shannon Callows
SPA
The SPA occurs within
County Tipperary.
Three Annex I bird species, four waterbird
species, and wetland habitat.
4103 All Saints Bog and SPA The SPA occurs
approximately 0.8km north
of County Tipperary.
Greenland White-fronted Goose
4137 Dovegrove Callows SPA The SPA occurs
immediately adjacent to
the County.
Greenland White-fronted Goose
4160 Slieve Bloom Mountains
SPA
The SPA occurs
approximately 1km east of
the County.
Hen Harrier
4165 Slievefelim to Silvermines
Mountains SPA
The SPA occurs within
County Tipperary.
Hen Harrier
AA Determination Report Variation to Thurles and Environs Development Plan 2009
Page 9 of 12
Figure 2: Map of Natura 2000 sites
AA Determination Report Variation to Thurles and Environs Development Plan 2009
Page 10 of 12
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 European 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 proposed Variation is to incorporate a mandatory objective to
incentivise the development of vacant sites in urban areas for housing and
regeneration purposes. Therefore, the proposed Variation is not directly connected
with or necessary to the management of European designated sites.
2.3.2 Elements of the Proposed Variation with Potential to Give Rise to
Significant Effects
This Variation proposes no change to the zoning framework in place. Furthermore, all
development will be subject to EIA/AA screening processes and Environmental
Impact Statements and Natural Impact Statements will be requested, as appropriate,
to inform the assessment of the Planning Authority.
The Natura 2000 network as listed in Table 1 above will not be affected by the
proposed variation to the Development Plan.
SECTION 4: CONSULTATION
Comments were received from the statutory consultees and these are addressed in the SEA
Screening Determination and Report.
AA Determination Report Variation to Thurles and Environs Development Plan 2009
Page 11 of 12
SECTION 5: SCREENING CONCLUSION
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.
The Screening assessment determined and identified existing and potential effects of the
proposed Variation on the Natura 2000 network relevant to the Plan area. 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.
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.
APPROPRIATE ASSESSMENT
SCREENING DETERMINATION
FOR
PROPOSED VARIATION OF THE TIPPERARY TOWN AND
ENVIRONS DEVELOPMENT PLAN 2013
IN ACCORDANCE WITH THE REQUIREMENTS OF
ARTICLE 6(3) OF THE EU HABITATS DIRECTIVE
MARCH 2017
AA Determination Report Variation to Tipperary Town and Environs Development Plan 2013
Page 1 of 12
AA Determination Report Variation to Tipperary Town and Environs Development Plan 2013
Page 2 of 12
Contents Section 1: Introduction .......................................................................................................... 3
1.2 Variation of the plan ................................................................................................ 3
Section 2: Stage 1 AA Screening .......................................................................................... 4
2.1 Description of plan and local site or plan area characteristics ................................. 5
2.2 Identification of relevant Natura 2000 Sites. ............................................................ 5
2.3 Assessment of likely effects – Direct, indirect and cumulative ............................... 10
Section 4: Consultation ....................................................................................................... 10
Section 5: Screening Conclusion ........................................................................................ 11
AA Determination Report Variation to Tipperary Town and Environs Development Plan 2013
Page 3 of 12
SECTION 1: INTRODUCTION
1.1 Background
Tipperary County Council (the Council) intends to vary the Tipperary Town and
Environs Development Plan 2013 following the enactment of the Urban Regeneration
and Housing Act 2015. The variation will incorporate a new mandatory objective in
respect of the regeneration and re-utilisation of vacant sites, and will facilitate the
implementation of legislative actions to address undeveloped sites in the county.
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 including listed rare and vulnerable
species, regularly occurring migratory species, such as ducks, geese and waders.
SPA’s include 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.
1.2 Variation of the plan
The Urban Regeneration and Housing Act 2015 (hereafter the Act) has introduced a
range of legislative mechanisms to incentivise the development of vacant sites in
urban areas for housing and regeneration purposes. It is intended that the legislation,
which includes the establishment of a vacant site register, will assist in bringing
underutilised and vacant sites in urban areas into beneficial use. The purpose of the
variation of the Plan is to include a mandatory objective, as required by the Act,
AA Determination Report Variation to Tipperary Town and Environs Development Plan 2013
Page 4 of 12
which will provide the statutory basis for the establishment and maintenance of the
vacant site register and to give effect to associated legislative mechanisms. In this
respect, while the objective will apply to zoned areas across the county, no changes
are proposed to land use zoning framework provided in the Development Plan.
The Variation consists of a new Section which will be incorporated into Chapter 2 of
the Development Plan, as follows.
Section 2.2.1.1 Urban Regeneration
The Urban Regeneration and Housing Act 2015, which was enacted as an action of
the Government’s Construction 2020 Strategy, provides for a range of measures to
encourage developers and landowners to develop land identified for regeneration
and housing purposes. The legislative mechanisms include the establishment of a
vacant site register and levy to incentivise development and bring sites into beneficial
use.
In accordance with the provisions of the Act, it is an objective of the Council
To promote the appropriate development and renewal of urban sites and areas,
identified having regard to the core strategy, that are in need of regeneration, in order
to ensure there is no –
(i) adverse effects on existing amenities in such areas, in particular as a result of the ruinous or neglected condition of any land,
(ii) urban blight and decay,
(iii) anti-social behaviour, or
(iv) shortage of habitable houses or of land suitable for residential use or a mixture of residential and other uses.
The Council will seek to apply a range of land activation measures, as appropriate, to
encourage development for housing and regeneration purposes including the on-
going maintenance of a vacant site register.
SECTION 2: STAGE 1 AA SCREENING
AA Determination Report Variation to Tipperary Town and Environs Development Plan 2013
Page 5 of 12
The Screening Report was undertaken in accordance with:
The Habitats Directive, 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
The Guidelines for Planning Authorities for Appropriate Assessment
2.1 Description of plan and local site or plan area characteristics
The Variation focuses on the incorporation of an objective to incentivise the
development of vacant sites in urban areas for housing and regeneration purposes. A
levy will be applied to sites in order to encourage the vacant sites to be brought into
use. There are no changes proposed to zoning objectives in relation to the
Development Plan. Therefore, the proposed amendment would not, in itself, set a
framework for other projects and activities that would have an impact on the Natura
2000 network.
2.2 Identification of relevant Natura 2000 Sites, & compilation of information on
their qualifying interests.
The information provided in Table 1 below provides a summary of Natura 2000 sites
within County Tipperary or immediately adjacent to the County.
Table 1: List of Natura 2000 sites
Site Code Site Name Location QIs / SCIs
0216 River Shannon Callows SAC cSAC is located within
County Tipperary.
Limestone pavement*
Lowland hay meadows
Molinia meadows
Residual alluvial forests*
Otter
0585 Sharavogue Bog SAC cSAC is located within
County Tipperary
Raised bog (active)*
Degraded raised bogs
Rhyncosporion depressions
0641 Ballyduff/ Clonfinane Bog
SAC
cSAC is located within
County Tipperary
Bog woodland*
Degraded raised bogs
Raised bog (active)*
Rhynchosporion depressions
0646 Galtee Mountains SAC cSAC is located within
County Tipperary
Alpine and subalpine heath
Blanket bog (active)*
Calcareous rocky slopes
Dry heaths
Siliceous rocky slopes
Species-rich nardus upland grassland*
0647 Kilcarren-Firville Bog SAC cSAC is located within
County Tipperary
Degraded raised bogs
Raised bog (active)*
AA Determination Report Variation to Tipperary Town and Environs Development Plan 2013
Page 6 of 12
Site Code Site Name Location QIs / SCIs
Rhynchosporion depressions
0930 Clare Glen SAC cSAC is located within
County Tipperary
Old oak woodlands
Killarney Fern
0934 Kilduff, Devilsbit Mountain
SAC
cSAC is located within
County Tipperary
Dry heaths
Species-rich nardus upland grassland*
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)*
Species-rich nardus upland grassland*
Wet heath
1683 Liskeenan Fen SAC cSAC is located within
County Tipperary
Cladium fen*
1847 Philipston Marsh SAC cSAC is located within
County Tipperary
Transition mires
2124 Bolingbrook Hill SAC cSAC is located within
County Tipperary
Dry heaths
Species-rich nardus upland grassland*
Wet heath
2125 Angelesey Road SAC cSAC is located within
County Tipperary
Species-rich nardus upland grassland*
2137 Lower River Suir SAC cSAC is located within
County Tipperary
Atlantic salt meadows
Floating river vegetation
Hydrophilous tall herb
Mediterranean salt meadows
Old oak woodlands
Residual alluvial forests*
Taxus baccata woods*
Atlantic Salmon
Brook Lamprey
Freshwater Pearl Mussel
Otter
River Lamprey
Sea Lamprey
Twaite Shad
White-Clawed Crayfish
2162 River Barrow and River Nore
SAC
cSAC is located within
County Tipperary
Atlantic salt meadows
Dry heaths
Estuaries
Floating river vegetation
Hydrophilous tall herb
Mediterranean salt meadows
Old oak woodlands
Petrifying springs*
Residual alluvial forests*
Salicornia mud
Tidal mudflats
Atlantic Salmon
Brook Lamprey
Desmoulins’s whorl snail
Freshwater Pearl Mussel
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Site Code Site Name Location QIs / SCIs
Irish Freshwater Pearl Mussel
Killarney Fern
Otter
River Lamprey
Sea Lamprey
Twaite Shad
White-Clawed Crayfish
2165 Lower River Shannon SAC cSAC is located within
County Tipperary
Atlantic salt meadows
Estuaries
Floating river vegetation
Lagoons*
Large shallow inlets and bays
Mediterranean salt meadows
Molinia meadows
Perennial vegetation of stony banks
Reefs
Residual alluvial forests*
Salicornia mud
Sandbanks
Sea cliffs
Tidal mudflats
Atlantic Salmon
Bottle-Nosed Dolphin
Brook Lamprey
Freshwater Pearl Mussel
Otter
River Lamprey
Sea Lamprey
2170 Blackwater River (Cork/
Waterford) SAC
cSAC is located within
County Tipperary
Atlantic salt meadows
Estuaries
Floating river vegetation
Mediterranean salt meadows
Old oak woodlands
Perennial vegetation of stony banks
Residual alluvial forests*
Salicornia mud
Taxus baccata woods*
Tidal mudflats
Atlantic Salmon
Brook Lamprey
Freshwater Pearl Mussel
Killarney Fern
Otter
River Lamprey
Sea Lamprey
Twaite Shad
White-Clawed Crayfish
2241 Lough Derg, North-East
Shore SAC
cSAC is located within
County Tipperary
Alkaline fens
Cladium fen*
AA Determination Report Variation to Tipperary Town and Environs Development Plan 2013
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Site Code Site Name Location QIs / SCIs
Juniper scrub
Limestone pavement*
Residual alluvial forests*
Taxus baccata woods*
2257 Moanour Mountain SAC cSAC is located within
County Tipperary
Species-rich nardus upland grassland*
2258 Silvermines Mountains West
SAC
cSAC is located within
County Tipperary
Dry heaths
Wet heath
2353 Redwood Bog SAC cSAC is located within
County Tipperary
Degraded raised bogs
Raised bog (active)*
Rhyncosporion depressions
4058 Lough Derg (Shannon) SPA The SPA occurs within
County Tipperary.
Common Tern, three waterbird species, and
wetland habitat.
4086 River Little Brosna Callows
SPA
The SPA occurs within
County Tipperary.
Four Annex I bird species, seven waterbirds, and
wetland habitat.
4094 Blackwater Callows SPA SPA occurs approximately
6.3km south of County
Tipperary.
Whooper Swan, three waterbird species, and
wetland habitat.
4096 Middle Shannon Callows
SPA
The SPA occurs within
County Tipperary.
Three Annex I bird species, four waterbird
species, and wetland habitat.
4103 All Saints Bog and SPA The SPA occurs
approximately 0.8km north
of County Tipperary.
Greenland White-fronted Goose
4137 Dovegrove Callows SPA The SPA occurs
immediately adjacent to
the County.
Greenland White-fronted Goose
4160 Slieve Bloom Mountains
SPA
The SPA occurs
approximately 1km east of
the County.
Hen Harrier
4165 Slievefelim to Silvermines
Mountains SPA
The SPA occurs within
County Tipperary.
Hen Harrier
AA Determination Report Variation to Tipperary Town and Environs Development Plan 2013
Page 9 of 12
Figure 2: Map of Natura 2000 sites
AA Determination Report Variation to Tipperary Town and Environs Development Plan 2013
Page 10 of 12
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 European 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 incorporate a mandatory
objective to incentivise the development of vacant sites in urban areas for housing
and regeneration purposes. Therefore, the proposed Variation is not directly
connected with or necessary to the management of European designated sites.
2.3.2 Elements of the Proposed Variation with Potential to Give Rise to
Significant Effects
The Tipperary Town and Environs Development Plan has been subject to Strategic
Environment Assessment and Habitats Directive Assessment. This Variation
proposes no change to the zoning framework in place. Furthermore, all development
will be subject to EIA/AA screening processes and Environmental Impact Statements
and Natural Impact Statements will be requested, as appropriate, to inform the
assessment of the Planning Authority.
The Natura 2000 network as listed in Table 1 above will not be affected by the
proposed variation to the Development Plan.
SECTION 4: CONSULTATION
Comments were received from the statutory consultees and these are addressed in the SEA
Screening Determination and Report.
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SECTION 5: SCREENING CONCLUSION
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.
The Screening assessment determined and identified existing and potential effects of the
proposed Variation on the Natura 2000 network relevant to the Plan area. 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.
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.
