Ministerial guidelines
Appropriate Assessment of Plans and Projects in Ireland: Guidance for Planning Authorities
Screening and appropriate assessment under the Habitats Directive, for plans and projects that could affect a Natura 2000 site.
Department of the Environment, Heritage and Local Government (National Parks and Wildlife Service) · December 2009, revised February 2010 · 84 pages
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- Appropriate Assessment of Plans and Projects in Ireland - Guidance for Planning Authorities Section 5 - Projects - AA and Development Management 71 5.13. Transboundary issues Natura 2000 sites and their zones of impact associated with plans or projects may cross national boundaries. There is an established procedure when working with applications, which are covered by the EIA procedures, and planning authorities are advised to follow the EIA procedures in such instances. However, there may be instances where an EIA is not involved but AA has still to undertaken. In this situation planning authorities are advised to follow a similar procedure to the EIS procedures. 5.14. Enforcement In view of the environmental importance attached to Natura 2000 sites, planning authorities should give priority to enforcement cases where a development has had or may have a significant effect on a Natura 2000 site. In particular, if requested by NPWS to investigate any such case, this should be given priority.
- Appropriate Assessment of Plans and Projects in Ireland - Guidance for Planning Authorities Section 6 - References and Further Reading 72 6. References and Further Reading Relevant Departmental Circulars (available from www.npws.ie) Circular Letter PD 2/07 and NPWS 1/07: Compliance Conditions in respect of Developments requiring (1) Environmental Impact Assessment (EIA); or (2) having potential impacts on Natura 2000 sites Circular Letter NPWS 2/07: Guidance on Compliance with Regulation 23 of the Habitats Regulations 1997 – Strict Protection of Certain Species/Derogation Licenses Circular Letter SEA 1/08 & NPWS 1/08: Appropriate Assessment of Land Use Plans Circular L8/08: Water Services Investment and Rural Water: Protection of Natural Heritage and National Monuments Programmes Circular Letter PD 5/08: European Court of Justice ruling on retention planning permission for development requiring environment impact assessment, and the specific case of a wind farm development at Derrybrien in Galway References Department of Environment, Heritage and Local Government. 2007. Development Management: Guidelines for planning authorities. Department of Environment, Heritage and Local Government, Dublin. Department of Environment, Heritage and Local Government. 2004. Implementation of SEA Directive (2001/42/EC): Assessment of the effects of certain plans and programmes on the environment: Guidelines for regional authorities and planning authorities. Department of Environment, Heritage and Local Government, Dublin. European Commission. 2000. Managing Natura 2000 sites: The provisions of Article 6 of the ‘Habitats’ Directive 92/43/EEC. Office for Official Publications of the European Communities, Luxembourg.
- Appropriate Assessment of Plans and Projects in Ireland - Guidance for Planning Authorities Section 6 - References and Further Reading 73 European Commission. 2002. Assessment of plans and projects significantly affecting Natura 2000 sites: Methodological guidance on the provisions of Article 6(3) and (4) of the Habitats Directive 92/43/EEC. Office for Official Publications of the European Communities, Luxembourg. European Commission. 2006. Nature and biodiversity cases: Ruling of the European Court of Justice. Office for Official Publications of the European Communities, Luxembourg. European Commission. 2007a. Guidance document on Article 6(4) of the ‘Habitats Directive’ 92/43/EEC. Clarification of the concepts of: alternative solutions, imperative reasons of overriding public interest, compensatory measures, overall coherence, opinion of the Commission. European Commission. 2007b. Interpretation manual of European Union habitats. EUR27. European Commission, DG Environment. EPA. 2002. Guidelines on information to be contained in Environmental Impact Statements. EPA, Wexford. EPA. 2003. Advice Notes on Current Practice (in the preparation of Environmental Impact Statements). EPA, Wexford. García Ureta, A. 2007. Habitats Directive and environmental assessment of plans and projects. Journal for European Environmental and Planning Law 2, 84-96. Koller, P. and Cashman, L. 2009. Implementing EC environmental law: Compliance promotion and enforcement by the European Commission. Journal for European Environmental and Planning Law 6, 1-12. National Parks and Wildlife Service. 2008. The Status of EU Protected Habitats and Species in Ireland. Conservation status in Ireland of habitats and species listed in the European Council directive on the conservation of habitats, flora and fauna 92/43/EEC. National Parks and Wildlife Service, Department of Environment, Heritage and Local Government. Scott Wilson, Levett-Therivel Sustainability Consultants, Treweek Environmental Consultants and Land Use Consultants. 2006. Appropriate Assessment of plans. http://www.landuse.co.uk/Downloads/AppropriateAG.pdf
- Appropriate Assessment of Plans and Projects in Ireland - Guidance for Planning Authorities Section 6 - References and Further Reading 74 Therivel, R. 2009. Appropriate assessment of plans in England. Environmental Impact Assessment Review 29, 261-272.
- Appropriate Assessment of Plans and Projects in Ireland - Guidance for Planning Authorities Section 6 - References and Further Reading 75 Appendix 1: Annex I Habitats in Ireland List of Annex I habitats that occur in Ireland, with habitat groupings and Natura 2000 habitat codes. Priority habitats are indicated by ‘*’. Coastal and halophytic 1110 Sandbanks which are slightly covered by sea water all the time 1130 Estuaries 1140 Mudflats and sandflats not covered by sea water at low tide 1150 *Coastal lagoons 1160 Large shallow inlets and bays 1170 Reefs 1210 Annual vegetation of drift lines 1220 Perennial vegetation of stony banks 1230 Vegetated sea cliffs of the Atlantic and Baltic coasts 1310 Salicornia and other annuals colonising mud and sand 1320 Spartina swards (Spartinion maritimae) 1330 Atlantic salt meadows (Glauco-Puccinellietalia maritimae) 1410 Mediterranean salt meadows (Juncetalia maritimi) 1420 Mediterranean and thermo-Atlantic halophilous scrubs (Sarcocornetea fructicosi) Coastal sand dunes and continental dunes 2110 Embryonic shifting dunes 2120 Shifting dunes along the shoreline with Ammophila arenaria (white dunes) 2130 *Fixed coastal dunes with herbaceous vegetation (grey dunes) 2140 *Decalcified fixed dunes with Empetrum nigrum 2150 *Atlantic decalcified fixed dunes (Calluno-Ulicetea) 2170 Dunes with Salix repens ssp. argentea (Salicion arenariae) 2190 Humid dune slacks 21A0 *Machairs (*in Ireland) Freshwater habitats 3110 Oligotrophic waters containing very few minerals of sandy plains (Littorelletalia uniflorae) 3130 Oligotrophic to mesotrophic standing waters with vegetation of the Littorelletea uniflorae and/or Isoeto-Nanojuncetea
- Appropriate Assessment of Plans and Projects in Ireland - Guidance for Planning Authorities Section 6 - References and Further Reading 76 3140 Hard oligo-mesotrophic waters with benthic vegetation of Chara spp. 3150 Natural eutrophic lakes with Magnopotamion or Hydrocharition-type vegetation 3160 Natural dystrophic lakes and ponds 3180 *Turloughs 3260 Water courses of plain to montane levels with the Ranunculion fluitantis and Callitricho- Batrachion vegetation 3270 Rivers with muddy banks with Chenopodion rubri p.p. and Bidention p.p. vegetation Temperate heath and scrub 4010 Northern Atlantic wet heaths with Erica tetralix 4030 European dry heaths 4060 Alpine and Boreal heaths Sclerophyllous scrub (matorral) 5130 Juniperus communis formations on heaths or calcareous grasslands Natural and semi-natural grassland formations 6130 Calaminarian grasslands of the Violetalia calaminariae 6210 Semi-natural dry grasslands and scrubland facies on calcareous substrates (Festuco- Brometea) (*important orchid sites) 6230 *Species-rich Nardus grasslands, on siliceous substrates in mountain areas (and submountain areas, in Continental Europe) 6410 Molinia meadows on calcareous, peaty or clayey-silt-laden soils (Molinion caeruleae) 6430 Hydrophilous tall herb fringe communities of plains and of the montane to alpine levels 6510 Lowland hay meadows (Alopecurus pratensis, Sanguisorba officinalis) Raised bogs, mires and fens 7110 *Active raised bogs 7120 Degraded raised bogs still capable of natural regeneration 7130 Blanket bogs (*if active bog) 7140 Transition mires and quaking bogs 7150 Depressions on peat substrates of the Rhynchosporion 7210 *Calcareous fens with Cladium mariscus and species of the Caricion davallianae 7220 *Petrifying springs of the tufa formation (Cratoneurion) 7230 Alkaline fens Rocky habitats and caves 8110 Siliceous scree of the montane to snow levels (Androsacetalia alpinae and Galeopsietalia ladani)
- Appropriate Assessment of Plans and Projects in Ireland - Guidance for Planning Authorities Section 6 - References and Further Reading 77 8120 Calcareous and calschist screes of the montane to alpine levels (Thlaspietea rotundifolii) 8210 Calcareous rocky slopes with chasmophytic vegetation 8220 Siliceous rocky slopes with chasmophytic vegetation 8240 *Limestone pavements 8310 Caves not open to the public 8330 Submerged or partially submerged sea caves Forests 91A0 Old sessile oak woods with Ilex and Blechnum in the British Isles 91D0 *Bog woodland 91E0 *Alluvial forests with Alnus glutinosa and Fraxinus excelsior (Alno-padion, Alnion incanae, Salicion albae) 91J0 *Taxus baccata woods of the British Isles
- Appropriate Assessment of Plans and Projects in Ireland - Guidance for Planning Authorities Section 6 - References and Further Reading 78 Appendix 2: Acronyms AA Appropriate Assessment CDP City or County Development Plan cSAC candidate Special Area of Conservation DEHLG Department of Environment, Heritage and Local Government ECJ European Court of Justice EIA Environmental Impact Assessment EIS Environmental Impact Statement EPA Environmental Protection Agency EC European Commission IROPI Imperative Reasons of Overriding Public Interest LAP Local Area Plan NGO Non Governmental Organisation NPWS National Parks and Wildlife Service OSi Ordnance Survey of Ireland RPG Regional Planning Guidelines SAC Special Area of Conservation SDZ Strategic Development Zones SEA Strategic Environmental Assessment S.I. Statutory Instrument SPA Special Protected Area
- Appropriate Assessment of Plans and Projects in Ireland - Guidance for Planning Authorities Section 6 - References and Further Reading 79 Appendix 3: Glossary Annex I habitat: A habitat listed in Annex I of the Habitats Directive. Appropriate Assessment: An assessment carried out under Article 6(3) of the Habitats Directive of the implications of a plan or project, either individually or in combination with other plans and projects, on a Natura 2000 site in view of the site’s conservation objectives. Appropriate Assessment Conclusion Statement: The statement of a competent authority of its decision on an appropriate assessment, and the reasons for its decision. Biodiversity: The variability among living organisms from all sources including, inter alia, terrestrial, marine and other aquatic ecosystems and the ecological complexes of which they are part; this includes diversity within species, between species and of ecosystems (UN Convention on Biological Diversity 1992). Birds Directive: Council Directive 79/409/EEC on the conservation of wild birds European Commission: The Commission of the European Communities. Ecology: The study of the inter-relationships between living organisms and their environment. EC: European Commission
- Appropriate Assessment of Plans and Projects in Ireland - Guidance for Planning Authorities Section 6 - References and Further Reading 80 Ex situ: Outside – usually in the context of ex situ effects (or outside effects) on a Natura 2000 site. For example, abstraction of water from a river upstream of a Natura 2000 site located on the river could have an ex situ effect on the site. Habitat: A place in which a particular plant or animal lives. Often used in a wider sense, referring to major assemblages of plants and animals found together such as woodlands or grassland. Habitats Directive: Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora (EC Habitats Directive). In situ: Inside or within – usually in the context of in situ effects (or effects within) on a Natura 2000 site. For example, constructing a marina on the lakeshore in a Natura 2000 site could have an in situ effect. Natura 2000: Network of Special Areas of Conservation and Special Protection Areas. For the purposes of this guidance, it includes candidate SACs and notified SPAs. NIS: Natura Impact Statement. The report of a scientific examination of a plan or project and the relevant Natura 2000 sites, to identify and characterise any possible implications for the site in view of the site’s conservation objectives, to enable a consent authority to carry out an appropriate assessment. Precautionary principle: A principle underlying the concept of sustainable development which implies that prudent action be taken to protect the environment even in the absence of scientific certainty. Priority habitat: Natural habitat types on Annex I of the Habitats Directive, and indicated by an asterisk (*), which are in danger of disappearance, and for which the Community has particular responsibility in view of the proportion of their natural range which falls within the territory.
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