A chara
On behalf of the Department of Culture, Heritage and the Gaeltacht, I refer to
correspondence received in connection with the above. Outlined below are heritagerelated
observations/recommendations of the Department under the stated heading(s).
Nature Conservation
The draft LAP states that there are two Natura 2000 sites in the Plan area, the Lower
River Suir special area of conservation (SAC) designated under the EC Habitats
Directive (Council Directive 92/43/EEC) and the River Barrow and River Nore SAC. This
Department notes that this LAP contains some policies that may impact on the natural
heritage including the Natura 2000 sites which are additional river crossings over the
River Suir, A River Suir walkway, a marina, and a wildlife park at Grannyferry wetlands.
The impact of the LAP on the natural heritage has been assessed by way of an SEA
and a screening for appropriate assessment (AA).
It is also noted that the AA screening document refers to a consultation with this
Department. However this Department has been unable to find any reference number
for such a consultation, or minutes of any meeting held. Please note for future reference
that any planning or pre-planning consultations with this Department, including meeting
requests, should be routed through the Development Applications Unit (DAU) of this
Department, email manager.dau@ahg.gov.ie .
Please find some comments below on the draft LAP, the SEA and AA screening.
LAP
The draft LAP states that there are two Natura 2000 sites in the Plan area, the Lower
River Suir special area of conservation (SAC) designated under the EC Habitats
Directive (Council Directive 92/43/EEC) and the River Barrow and River Nore SAC.
However the AA screening states the River Barrow and River Nore SAC is outside the
Plan area. This needs to be clarified or corrected.
Long term strategic walking and cycling routes along rivers can adversely impact on
these waterways which act as ecological corridors as per article 10 of the Habitats
Directive. Therefore the Draft LAP objectives such as WCW 4, 12 and 14, which are
part of 8A, would appear to be in potential conflict with Heritage objective 7C, which
includes enhancing river corridors as habitat networks. In general walking and cycling
routes along waterways will need ecological assessment in their planning and design in
order to ensure their development is consistent with nature conservation objectives and
legal compliance requirements. They should not target sensitive ecological sites or parts
of sites, as such routes have potential for disturbance to habitats and species, including
as a result of noise and lighting for example.
As for the cycling and walking routes above, the proposed new marina development,
and any proposals at Grannyferry wetlands will need to be consistent with nature
conservation objectives and legal compliance requirements.
AA screening
This Department found the AA screening hard to follow and some issues are listed
below. The Local Authority may need to amend the AA screening to include and/or
clarify the issues detailed below.
The previous LAP for this area in 2009 was subjected to AA and it is unclear why this
LAP does not have a Natura Impact Report (NIR). It appears that the justification for this
is because little has changed in this new LAP and that therefore previous mitigation still
applies to it, and so it screens out for AA. It is not clear to this Department that this is
the case.
The elements of the draft Plan with potential for effects on European sites are detailed
in table 2.4, but the table does not include the proposed walking and cycling routes, the
proposed new bridges across the river, or the proposed new marina. While it is unclear
from the documentation whether these proposals will be within the Lower River Suir
SAC, which is stated to be within the Plan area, it seems likely that there could at least
be cumulative impacts with similar proposals in Co. Waterford and these need to be
considered. Potential impacts on the River Barrow and River Nore SAC also need to be
considered in any assessment.
Plans and projects likely to cause in combination effects are listed in table 2.6. For
example the Waterford to New Ross Greenway has been considered and the
consideration of impacts is given as “The AA for this project includes consideration of in-
Combination Effects, which will ensure no significant effects.” This does not seem to
make sense as this LAP needs to be assessed in combination with the Waterford to
New Ross Greenway and this does not appear to have been done. Unless the
Waterford to New Ross Greenway project was able to consider in-combination effects
with this new draft LAP the statement of no significant effects has no assessment to
show this. What needs to be stated is that this draft LAP has been considered in
combination with the Waterford to New Ross Greenway project. The relevant issues
considered should be spelt out and an explanation as to why there will be no significant
effects given.
Where the plan policies or objectives support a bridge across the River Suir cSAC (as in
Fig. 10.1), the Local Area Plan may require an appropriate assessment for at least the
following reasons:
Given the width of the estuary at this crossing point, a supporting structure in the
cSAC is very likely, and this would lead to several significant effects.
Large-scale construction works will be involved, which could lead to significant
effects.
Road operational drainage will require to be eventually discharged into the Suir
Estuary, which could lead to significant effects.
Juvenile Twaite shad (one of the conservation targets of the cSAC) use this part
of the estuary, and the distribution of their habitat in relation to the footprint of the
bridge crossings is not known.
SEA
The environmental protection objectives (EPOs) and the planning policy objectives
(PPOs) are detailed in table 4.1 of the environmental report (ER). The EPO for
biodiversity (B1) includes biodiversity, protected areas and protected species, as is
recommended by this Department. In order to be compatible with the EPO, the first
sentence of the PPO should be amended to include protected species. For example it
could be amended to read “Protect designated sites (SACs and NHAs) and protected
species including from development”.
The assessment of impacts is in tabular form on pages 58-65 of the ER. In light of the
comments regarding potential conflict under the heading of LAP above, it is unclear how
the sub objectives under 8A such as objectives WCW 4, 12 and 14 are considered to be
of significant beneficial impact to B1. This needs to be re-assessed and/or explained.
In light of the comments regarding greenways above under the heading of LAP, the
assessment of 8C, to complete the Greenway, as having no relationship or insignificant
impact needs to be re-assessed and/or explained.
Table 8.1 deals with monitoring. This Department notes that the monitoring frequency
for protected species is every 6 years and that one data source will be “The NPWS
report on the Overall Conservation Status of Habitats in Ireland listed under the Habitats
Directive (NPWS).” This source presumably should be “The Status of EU protected
Habitats and Species in Ireland (NPWS)” which is produced every 6 years for the EU.
The most recent report can be downloaded from https://www.npws.ie/article-17-reports-
0/article-17-reports-2013 . The Local Authority should note that this reporting is only for
species listed on the Habitats Directive and does not include all the species protected
under the Wildlife Acts of 1976-2012.
With regard to monitoring for loss of habitats and species the Local Authority should
consult the planning permissions it grants to assist in determining any loss of habitats
and species in the area which may be outlined in an EIS for example. This would
ensure that the loss of habitats and species not listed on the Habitats Directive are also
included.
You are requested to send further communications to this Department’s Development
Applications Unit (DAU) at manager.dau@ahg.gov.ie (team monitored); if this is not
possible, correspondence may alternatively be sent to:
The Manager
Development Applications Unit (DAU)
Department of Culture, Heritage and the Gaeltacht
Newtown Road
Wexford
Y35 AP90
Le meas
Yvonne Nolan,
Development Applications Unit
Appendix 1
Key elements of biodiversity, flora and fauna of relevance to SEA include the following:
European sites, including (candidate) Special Areas of Conservation (SACs) and Special
Protection Areas (SPAs): these are sites of international importance for nature conservation and
form part of Ireland’s contribution to the Natura 2000 network within the European Union;
Natural Heritage Areas (NHA): these are sites of national importance for nature conservation
established under the Wildlife (Amendment) Act, 2000, and protected under the Wildlife Acts,
1976-2000, or through planning legislation;
Proposed Natural Heritage Areas: these are undesignated sites that are/were known to be of
importance for biodiversity but have not yet been fully evaluated, and are often protected
through policies in statutory land use plans. Adopting a precautionary approach, pNHAs not
covered by other nature conservation designations should be given due recognition in plans and
afforded a level of protection accordingly;
Nature Reserves and Refuges for Fauna or Flora;
Wildfowl Sanctuaries;
National Parks;
World Heritage Sites designated for biodiversity reasons;
Annex IV (Habitats Directive) species of flora and fauna, and their key habitats (i.e. breeding
sites and resting places), which are strictly protected wherever they occur, whether inside or
outside the above sites, e.g. otter and bats;
Other species of flora and fauna and their key habitats which are protected under the Wildlife
Acts, 1976-2000, wherever they occur, including species protected under the Flora Protection
Order;
Birds Directive – Annex I species and other regularly occurring migratory species, and their
habitats (wherever they occur), including ‘protected species and natural habitats’ as defined in
the Environmental Liability Directive (2004/35/EC) and European Communities
(Environmental Liability) Regulations, 2008;
Habitats Directive – Annex I habitats, Annex II species and their habitats, and Annex IV
species and their breeding sites and resting places (wherever they occur), including ‘protected
species and natural habitats’ as defined in the Environmental Liability Directive (2004/35/EC)
and European Communities (Environmental Liability) Regulations, 2008;
Stepping stones and ecological corridors including nature conservation sites (other than
European sites), habitat areas and species’ locations covered by Article 10 of the Habitats
Directive;
‘Margaritifera Sensitive Areas’: information about the implications of these areas, and associated
data, are available from the NPWS website:
http://www.npws.ie/mapsanddata/habitatspeciesdata;
Other areas recognised as being of importance for biodiversity or nature locally, e.g. in local
authority Biodiversity, Heritage and/or land use plans;
Other natural or semi-natural habitats, including wetlands, woodlands and linear habitats, and
habitat creation, restoration or reinstatement areas;
Areas considered to be of “high nature value”, e.g. farmland identified as “high nature value
farmland”.