1.3 Appropriate Assessment
1.3 Appropriate Assessment
Article 6(3) of European Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora (the Habitats Directive) requires competent authorities to undertake an Appropriate Assessment of any plan or project not directly connected with or necessary to the management of a Natura 2000 site but likely to have a significant effect thereon, either individually or in combination with other plans or projects.
Kilkenny County Council is the competent authority and an appropriate assessment has been carried out for this City and County Development Plan.
All plans, programmes and projects being carried out by public or private organisations and individuals need to be screened for the potential impact on Natura 2000 sites.
Appropriate Assessment means an assessment, based on best scientific knowledge, of the potential impacts of a plan or project, wherever located, on the conservation objectives of any Natura 2000 site and the inclusion, where necessary, of mitigation or avoidance measures to preclude negative effects. The impacts assessed must include the indirect and cumulative impacts of the plan or project. Therefore, whether a plan or project is located within, or is at a geographically remote area from a Natura 2000 site, if significant impacts cannot be ruled out then the plan or project must be subject to an appropriate assessment.
Articles 6(3) and 6(4) of the Habitats Directive and Section 177 of the Planning and Development Act 2000 (as amended), require that any plan or project with the potential to impact on the integrity of a Natura 2000 site must be screened to determine if appropriate assessment of the plan or project is required. In the event that the screening indicates that potential significant impacts cannot be ruled out then the plan or project will require an appropriate assessment.
1A To implement the provisions of Articles 6(3) and 6(4) of the EU Habitats Directive and ensure that any plan or project within the functional area of the Planning Authority is subject to appropriate assessment in accordance with the Guidance Appropriate Assessment of Plans and Projects in Ireland – Guidance for Planning Authorities, 2009 and is assessed in accordance with Article 6 of the Habitats Directive in order to avoid adverse impacts on the integrity and conservation objectives of the site.
This will apply to all plans and projects whether public or private and across all sectors of development.
Projects giving rise to significant cumulative, direct, indirect or secondary impacts on European sites arising from their size or scale, land take, proximity, resource requirements, emissions (disposal to land, water or air), transportation requirements, duration of construction, operation, decommissioning or from any other effects shall not be permitted on the basis of this Plan (either individually or in combination with other plans or projects).
 The Department of the Environment, Community and Local Government, Appropriate Assessment of Plans and Projects in Ireland – Guidance for Planning Authorities, 2009.
Except as provided for in Article 6(4) of the Habitats Directive, viz. There must be: a) no alternative solution available, b) imperative reasons of overriding public interest for the project to proceed; and c) Adequate compensatory measures in place.)