5. Conclusion

Dúnta12 Nol, 2014, 12:00am - 6 Fea, 2015, 12:00am

In accordance with the provisions of Article 14 of the Planning & Development Regulations, the Planning Authority has screened the proposed amendment for SEA.   It is not anticipated that Amendment No. 2 of the Callan Local Area Plan will have significant environmental effects and at this stage in the process it is considered that an SEA will not be required.  

 

Notwithstanding this conclusion, the SEA Directive [Article 3 (2)], as transposed by the European Communities (Environmental Assessment of Certain Plans and Programmes) Regulations 2004, requires that SEA is carried out for plans and programmes:                                  

(a) which are prepared for agriculture, forestry, fisheries, energy, industry, transport, waste management, water management, telecommunications, tourism, town and country planning or land use and which set the framework for future development consent of projects listed in Annexes I and II to Directive 85/337/EEC,

or

(b) which, in view of the likely effect on sites, have been determined to require an assessment pursuant to Article 6 or 7 of Directive 92/43/EEC (the Habitats Directive). (i.e. Stage 2 AA is being undertaken)

 

Essentially, this means that because a Stage 2 Appropriate Assessment was carried out for the Proposed Amendment the SEA Directive states that a full SEA be carried out also. 

 

To date, the SEA Directive requirement to undertake SEA on plans for which Stage 2 AA is being undertaken has not been transposed into the Irish Planning and Development Regulations. 

 

Having regard to:

  1. The detailed Appropriate Assessment carried out in relation to the impact of the proposed amendment on the River Barrow and River Nore SAC and the conclusions of that report which indicated no impact on the Natura 2000 network.
  2. The relatively small scale nature of the development to be facilitated by this amendment, i.e. no more than 10 dwellings on an 8 acre site and an increase in the LAP area by 1.5%.
  3. The provisions included within the proposed site specific development objective regarding further Appropriate Assessment, flood risk assessment, archaeological impact assessment and specific drainage requirements. 
  4. The pre-draft consultation carried out with the Environmental Authorities, including the Environmental Protection Agency, Department of Arts, Heritage and the Gaeltacht and the Fisheries Authority in July/August 2014.

The Planning Department has considered that the preparation of a full SEA is not warranted in this instance.