Section 3 SEA Methodology

Closed15 Jan, 2016, 9:00am - 26 Feb, 2016, 4:30pm

 

Section 3           SEA Methodology

3.1          Introduction to the Iterative Approach

This section details how the SEA has been undertaken alongside the preparation of the Amendment to the Plan.

The Plan and associated SEA, Appropriate Assessment (AA) and Strategic Flood Risk Assessment (SFRA) documents were prepared in an iterative manner whereby multiple revisions of each document were prepared, each informing subsequent iterations of the others.

3.2      Appropriate Assessment and Integrated Biodiversity Impact Assessment

3.2.1     Appropriate Assessment

A Stage 2 Appropriate Assessment (AA) has been undertaken alongside the preparation of the PlanThe requirement for AA is provided under the EU Habitats Directive (Directive 1992/43/EEC).

The AA concluded that the Plan will not affect the integrity of the Natura 2000 network[1].  The AA also recommended the inclusion of the following provisions into the proposed development objective:

·         Any future development (including pedestrian link) of the lands will be subject to Appropriate Assessment in accordance with Article 6 of the Habitats Directive.

     Any developments proposed for the lands at Westcourt will be connected to the local public sewer (for treatment of waste water). Such developments will only proceed subject to the local treatment plant having capacity to adequately treat the additional load. It must be shown by proposals that all storm water can be appropriately collected, stored and treated so as not to affect the quality of water bodies.

The preparation of the Plan, SEA and AA has taken place concurrently and the findings of the AA have informed both thePlan and the SEA. All recommendations made by the AA were integrated into the Plan.

3.3      Strategic Flood Risk Assessment

A Strategic Flood Risk Assessment (SFRA) has been undertaken alongside the preparation of the Plan and is attached as Appendix 1 to this reportThe requirement for SFRA is provided under ‘The Planning System and Flood Risk Management Guidelines for Planning Authorities’ (DEHLG and OPW, 2009).

The findings of the SFRA have informed both the Amendment to the Plan and the SEA. The SFRA concluded with the following recommendations which have been included in the proposed development objective:

·         Residential use shall be excluded from Flood Zone B.

     The site specific Flood Risk Assessment for any development on these lands should be carried out in accordance with Appendix A of the Guidelines. The site specific FRA may result in the boundary of the flood zones being amended.

     Flood risk management should be addressed in the design of any development on these lands, in accordance with Appendix B of the Guidelines.

     The management of surface water on the site shall accord with the policies and objectives of the current Kilkenny County Development Plan 2014-2020 and the Local Area plan 2009-2020. Details of the management of surface water on the site shall be provided at planning application stage.

The SFRA has therefore facilitated the integration of flood risk management considerations into the Plan.

3.4      Scoping

3.4.1     Introduction

In consultation with the environmental authorities, the scope of environmental issues to be dealt with by the SEA together with the level of detail to which they are addressed was broadly decided upon taking into account the collection of environmental baseline data and input from environmental authorities. Scoping allowed the SEA to become focused upon key issues relevant to the environmental components which are specified under the SEA Directive[2].

As the Plan is not likely to have significant effects on the environment in another Member State transboundary consultations as provided for by Article 7 of the SEA Directive were not undertaken.

3.4.2     Scoping Notices

All relevant environmental authorities[3] identified under the SEA Regulations as amended, were sent SEA scoping notices by the Council in August 2015 indicating that submissions or observations in relation to the scope and level of detail of the information to be included in the environmental report could be made to the Council. Environmental authorities were informed that submissions, or parts of submissions, made on the AA or SFRA would also be taken into account.

3.4.3     Scoping Responses

Submissions were made by:

·         The Department of Arts, Heritage & the Gaeltacht (DAHG), and

·         The Environmental Protection Agency.

These submissions influenced the scope of the assessments.

The Department of Arts, Heritage and the Gaeltacht identified archaeological implications of the plan on the site of a Recorded Monument KK026-002 Castle. 

The EPA identified a number of issues. Specific comments addressed by the assessment include:

·         The Amendment should be consistent with Regional Planning Guidelines and the County Development Plan.

·         The King’s River, which flows through the LAP, is classified as Moderate quality status according to the Water Framework Directive. The Amendment should protect and where possible, improve surface water, groundwater resources and their associated habitats and species, including fisheries, in accordance with the Water Framework Directive and the South Eastern River Basin Management Plan and associated Programme of Measures.

·         Groundwater vulnerability of the subject lands is categorised by the GSI as predominately High vulnerability.

·         In the context of proposed future development and zoning, any development should be appropriate to the level of flood risk identified and should be consistent with The Planning System and Flood Risk Management Guidelines for Planning Authorities (DEHLG/OPW 2009).

·         The EPA’s Focus on Wastewater Treatment Report for 2013 (EPA, 2014) indicates that the Callan Wastewater Treatment Plant did not meet the standards set out in the Urban Waste Water Treatment Regulations for effluent quality. It is recommended that a commitment is included in the Amendment to collaborate with Irish Water on the provision, maintenance and enhancement of water services over the lifetime of the amended Plan to cater for any development in the LAP.

·         The Amendment should consider incorporating an appropriate riverside buffer alongside designated sites (including the River Barrow and River Nore cSAC / River Nore SPA) and associated ecological linkages and assist in the management of flood risk. Where the application of buffer zones is being considered, the National Parks and Wildlife Service (NPWS) and where relevant Inland Fisheries Ireland should be consulted.

There are many policies and development management standards contained in the Kilkenny County Development Plan, the overarching policy document for the area, which address some of these concerns. 

In relation to bat protection measures (raised by DAHG), it is already an objective (8C) of the current Kilkenny County Development Plan 2014-2020 ‘To protect and, where possible, enhance the plant and animal species and their habitats that have been identified under European legislation (Habitats and Birds Directive) and protected under national Legislation (European Communities (Birds and Natural Habitats) Regulations 2011 (SI477 of 2011), Wildlife Acts 1976-2010 and the Flora Protection Order (SI 94 of 1999)’. 

Furthermore, in terms of nature conservation in areas outside of protected areas, it is an objective (8E) of the County Development Plan ‘To protect and where possible enhance wildlife habitats and landscape features which act as ecological corridors/networks and stepping stone, such as river corridors, hedgerow and road verges, and to minimise the loss of habitats and features of the wider countryside (such as ponds, wetlands, trees) which are not within designated sites.  Appropriate mitigation and/or compensation measures to conserve biodiversity, landscape character and green infrastructure networks will be required where habitats are at risk or lost as part of a development’. 

Section 8.2.5.1 of the County Development Plan refers to hedgerows.  The County Development Plan recognises that hedgerows contribute significantly to the biodiversity and landscape character of County Kilkenny.  They have an important farming function, they are wildlife habitats, and wildlife corridors between habitats, and they also have historical significance as townland and field boundaries.  The Plan includes the following 6 Development Management Standards in relation to hedgerows:

        To protect existing woodlands, trees and hedgerows which are of amenity or biodiversity value and/or contribute to landscape character of the county, and to ensure that proper provision is made for their protection and management, when undertaking, approving or authorising development.

        To ensure that when undertaking, approving or authorising development that sufficient information is provided to enable an assessment of impacts on woodlands, trees, and hedgerows.

        Have regard to, and seek the conservation of (a) sites of significance identified in the Kilkenny Woodlands Survey 1997, and (b) the trees of County Kilkenny identified in the Tree Register of Ireland, (c) Survey of Mature Trees in Kilkenny City and Environs in the assessment of planning applications, and  (d) the National Survey of Native Woodlands and Ancient Woodlands

        Retain hedgerows, and other distinctive boundary treatment such as stone walls, when undertaking, authorising or approving development; where the loss of the existing boundary is unavoidable as part of development, to ensure that a new hedgerow is planted using native species, and species of local provenance to replace the existing hedgerow and/or that the wall is re-built using local stone and local vernacular design.

        Discourage the felling of mature trees to facilitate development.

        Require the planting of native broadleaved species, and species of local provenance, in new developments as appropriate. See Appendix G for a list of native trees and shrubs.

3.5      Environmental Baseline Data

The SEA process is informed by the environmental baseline (i.e. the current state of the environment) to facilitate the identification and evaluation of the likely significant environmental effects of implementing the provisions of the Plan and the alternatives and the subsequent monitoring of the effects of implementing the provisions of the Plan.

3.6      Alternatives

The SEA Directive requires that reasonable alternatives (taking into account the objectives and the geographical scope of the plan or programme) are identified, described and evaluated for their likely significant effects on the environment. In accordance with this requirement, alternatives are considered in Section 1.

3.7      The SEA Environmental Report

In this Environmental Report, which will be placed on public display alongside the Proposed Amendment, the likely environmental effects of the Draft Plan and the alternatives are predicted and their significance evaluated.

The Environmental Report provides the Council, stakeholders and the public with a clear understanding of the likely environmental consequences of implementing the Draft Plan.

Mitigation measures to prevent or reduce significant adverse effects posed by the Plan are identified in Section 8 - these have been integrated into the Plan.

The Environmental Report will be updated in order to take account of recommendations contained in submissions and in order to take account of changes which are made to the original, Draft Plan that is being placed on public display.

The Environmental Report is required to contain the information specified in Schedule 2 of the Planning and Development (Strategic Environmental Assessment) Regulations 2004 (SI No. 436 of 2004) as amended (see Table 3.1).

3.8      The SEA Statement

On the making of the Amendment by the Council, an SEA Statement will be prepared which will include information on:

  • How environmental considerations have been integrated into the Plan, highlighting the main changes to the Plan which resulted from the SEA process;
  • How the SEA Environmental Report and consultations have been taken into account, summarising the key issues raised in consultations and in the Environmental Report indicating what action was taken in response;
  • The reasons for choosing the Plan in the light of the other alternatives, identifying the other alternatives considered, commenting on their potential effects and explaining why the Plan as adopted was selected; and
  • The measures decided upon to monitor the significant environmental effects of implementing of the Plan.

3.9   Difficulties Encountered 

The lack of a centralised data source that could make all environmental baseline data for the county both readily available and in a consistent format posed a challenge to the SEA process. This difficulty is one which has been encountered while undertaking SEAs at local authorities across the country and was overcome by investing time in the collection of data from various sources and through the use of Geographical Information Systems.

Table 3.1 Checklist of Information included in this Environmental Report

 

 

Information Required to be included in the Environmental Report

Corresponding Section of this Report

(A) Outline of the contents and main objectives of the plan or programme, and of its relationship with other relevant plans and programmes

Sections 2, 5 and 7

(B) Description of relevant aspects of the current state of the environment and the evolution of that environment without implementation of the plan or programme

Section 4

(C) Description of the environmental characteristics of areas likely to be significantly affected

Sections 4, 6 and 7

(D) Identification of any existing environmental problems which are relevant to the plan or programme, particularly those relating to European protected sites

Section 4

(E) List environmental protection objectives, established at international, EU or national level, which are relevant to the plan or programme and describe how those objectives and any environmental considerations have been taken into account when preparing the Plan

Sections 5, 6, 7 and 8

(F) Describe the likely significant effects on the environment

Sections 6 and 7

(G) Describe any measures envisaged to prevent, reduce and as fully as possible offset any significant adverse environmental effects of implementing the plan or programme

Section 8

(H) Give an outline of the reasons for selecting the alternatives considered, and a description of how the assessment was undertaken (including any difficulties)

Sections 3, 6 and 7

(I) A description of proposed monitoring measures

Section 9

(J) A non-technical summary of the above information

Non-Technical Summary (Appendix I)

(K) Interrelationships between each environmental topic

Addressed as it arises within each Section