Appropriate Assessment in relation to County Donegal Draft Heritage Plan

Transcription

1 Appendix 12 - Consultation Response a) Sinead Harkin Central Planning Unit Donegal County Council County House Lifford County Donegal Dear Ms Harkin, Appropriate Assessment in relation to County Donegal Draft Heritage Plan Thank you for your ed letter of 22nd April 2015, to Derry City and Strabane District Council as a Statutory Environmental Authority, inviting a submission or observation in relation to whether or not the Draft Heritage Plan would be likely to have significant impacts upon Natura 2000 sites. Council officials have assessed your Preliminary Screening for Appropriate Assessment document, through our Shared Environmental Service (SES) officers. I attach a copy of their professional consideration report, for your information. Therefore, my officers are content with your Report s methodology in relation to our sites and can accept its conclusion that the Heritage Plan shall not give rise to significant impacts on the integrity of any Natura 2000 Site, subject to the provisos set out in the attached SES report. This letter is the formal response of Derry City and Strabane District Council, following on from the 'informal officer s opinion', which we sent you previously. We trust that you will give due consideration to our comments and we look forward to ongoing co-operation on such matters in the future. Yours sincerely, Chair of Planning Committee Attached advice report from Shared Environmental Service

2 Appendix 12a Technical report for Consultation a) Date: 21/05/2015 Preliminary Screening for appropriate assessment of the Draft County Donegal Heritage Plan This response has been prepared by the Shared Environmental Service to advise Derry City and Strabane District Council. The Shared Environmental Service has been established to assist councils to fulfil their obligations under the Conservation of Habitats Regulations in relation to their role as planning authorities. Our primary role is to support councils to comply with environmental legislation in relation to European sites in carrying out development management functions and in the preparation of Local Development Plans. This response relates to European sites located within Derry City and Strabane District Council. Shared Environmental Service has reviewed the preliminary screening for AA on the draft Heritage Plan in relation to whether or not the plan would be likely to have a significant effect on the features, conservation objectives and status of these sites. Other environmental issues or protected sites such as ASSI s, World Heritage Sites or AONB s have not been considered in this response. We note that this consultation is on the appropriate assessment of the Heritage Plan not on the Heritage Plan itself. If Donegal County Council has not separately consulted your council on the draft Heritage Plan the relevant Department in your council may wish to seek a consultation to review and comment on potential links with heritage assets in your area. Technically Donegal County Council needs only consult the Statutory Nature Conservation Body in Northern Ireland, Northern Ireland Environment Agency, not the council to inform its appropriate assessment. Shared Environmental Service will look into this further and provide advice for future cross border consultations to assist councils in the border region. Given that your council has been consulted on the appropriate assessment on this occasion we have reviewed it and drafted a recommended response for your consideration. Context County Donegal Heritage Plan is a follow on from the first Heritage Plan. It is a non-statutory plan the aim of which is to raise awareness, understanding and appreciation of the rich and diverse heritage of our county; to promote its conservation, enhancement and enjoyment; and to sustainably harness the economic, social and cultural benefits of heritage for current and future generations. N. Ireland Sites It is normal to consider impacts on Natura 2000 sites up to 15km beyond the border of the area to which the plan applies. All of the SPAs, SACs and Ramsar sites in your council area lie (in part if not wholly) within 15km of Donegal.

3 The SAC s in N. Ireland that could be affected by the proposed amended plans are listed in table 3 of the Appropriate Assessment report, with N. Ireland SPA s listed in table 4. SES is content that all European sites located wholly or partially in N. Ireland which may be impacted by the proposal have been considered. We note that NIEA has recently updated the conservation objectives and threats to site integrity for SACs and we therefore recommend that Donegal County Council updates its appropriate assessment to reflect these to ensure that the appropriate assessment is based up the most up to date information for SACs, SPAs and Ramsars. This can be obtained from Northern Ireland Environment Agency. Table 3.0 provides an outline of the likely effects, as anticipated by Donegal County Council, from the draft plan. Significant effects are those that would undermine the conservation objectives for qualifying features of European Sites. These potential impacts were considered to be insignificant on Natura 2000 sites located both inside Donegal and adjacent to the plan area. The conclusion contained in the screening report states that there are not likely to be any significant impacts on the integrity of any Natura 2000 sites as a result of the proposed plan. Any trans-boundary effects from the proposals are most likely to be to contiguous sites between Donegal and your council area, that is Lough Foyle SPA and Ramsar and the River Foyle and Tributaries. Impacts could originate from water pollution incidents, disturbance to birds, degradation or loss of habitat, exploitation of species, e.g. salmon. It is stated that each individual project which originates as a result of this plan change will also be subject to Habitats Regulation Assessment. The report states that existing safeguards and policies currently in place, for example in the County Donegal Development Plan (as varied), will help to maintain and protect the Natura 2000 sites and remove any potential impacts from the proposals. Recommended Response Updated conservation objectives have recently been published for Special Conservation Areas in Northern Ireland. It is therefore recommended that Donegal County Council updates the appropriate assessment to ensure that it incorporates the most up to date information available on all European sites in Northern Ireland. This can be obtained from Northern Ireland Environment Agency. Given that the River Foyle and tributaries SAC is contiguous with the River Finn SAC and Atlantic salmon are a selection feature in each it is recommended that Donegal County Council also consults the Loughs Agency on this appropriate assessment. Based on the information provided in the report and taking account of updated information about European sites in Northern Ireland it is not anticipated that the draft County Donegal Heritage Plan will be likely to result in adverse significant effects on the European Protected sites located within N. Ireland. This is dependent on Donegal County Council or any other competent authority leading a project which could potentially affect any of the qualifying features of the European sites in N. Ireland carrying out an appropriate assessment in accordance with Article 6(3) of the Habitats Directive and consulting the statutory nature conservation body in Northern Ireland, that is Northern Ireland Environment Agency. Shared Environmental Service

4 Appendix 13 Response for Consultations b) and c) Collette Beattie Central Planning Unit Donegal County Council County House Lifford County Donegal Dear Ms Beattie, Preliminary Screening for AA and SEA on proposed Draft Variation (No. 3 Rural Housing) to the County Donegal Development Plan (as varied) Thank you for your ed letters dated 8th May 2015, to Derry City and Strabane District Council as a Statutory Environmental Authority, inviting a submission or observation in relation to whether or not the proposed Variation (to the County Donegal Development Plan) would be likely to have significant impacts upon Natura 2000 sites / effects on the environment. The Council s Shared Environmental Service (SES) officers have assessed your Preliminary Screening for Appropriate Assessment document (as well as the SEA Preliminary Screening document in so far as it relates to European Sites). I attach a copy of their professional consideration report, for your information. Therefore, my officers are content with your Reports methodology in relation to our sites and can conclude that it is not anticipated that the proposed amendment to the County Donegal Development Plan will be likely to result in adverse significant effects on the European Protected sites located partially or entirely within N. Ireland, subject to the provisos set out in the attached SES report. Similarly, Council officials have considered the SEA Preliminary Screening document (see attached SEA report) and can conclude that the development and effects arising from this proposed Draft Variation are not likely to have significant transboundary effects on the environment within Derry City and Strabane District.

5 This letter is the formal response of Derry City and Strabane District Council, following on from the 'informal officer s opinion', which we sent you on 2 nd June We trust that you will give due consideration to our comments and we look forward to ongoing co-operation on such matters in the future. Yours sincerely, Chair of Planning Committee Attached advice report from Shared Environmental Service re. AA and Planning Officer report re SEA.

6 Appendix 13a Technical report for Consultation b) Date:27/05/2015 Preliminary Screening for AA and SEA on proposed Draft Variation (No. 3 Rural Housing) to the County Donegal Development Plan (as varied) This response has been prepared by the Shared Environmental Service to advise Derry City and Strabane District Council. The Shared Environmental Service has been established to assist councils to fulfil their obligations under the Conservation of Habitats Regulations in relation to their role as planning authorities. Our primary role is to support councils to comply with environmental legislation in relation to European sites in carrying out development management functions and in the preparation of Local Development Plans. This response relates to sites located partially or wholly within N. Ireland. We have reviewed the proposed Draft Variation and drafted a recommended response for your consideration. Context Shared Environmental Service have commented on the preliminary screening for AA and SEA on the proposed variation in relation to whether or not the proposal would be likely to have a significant effect on the conservation objectives of N. Irelands Natura 2000 sites. Other environmental issues or protected sites such as ASSI s, World Heritage Sites or AONB s have not been considered in this response. Overview County Donegal Development Plan came into effect on 5 th July 2012 with two subsequent variations undertaken. The third variation to which this response pertains is in relation to two policies namely; Policy RH-P-3 within Stronger Rural Areas Policy RH-P-5 within Areas Under Strong Urban Influence. The amended proposals as detailed could potentially increase the number of applications for housing development with an associated increase in resource requirements and demands. This potential increased development and associated plans and projects are subject to the Birds Directive 74/409/EEC and the Habitats Directive 92/43/EEC. The proposed amendment does not make provisions for any increase in heavy industry, mineral extraction, intensive agriculture, marine developments, waste disposal, energy production, or any other strategic development plans. The potential increase in domestic dwellings can however place further demands on existing infrastructure and resources. N. Ireland Sites The list of SAC s in N. Ireland that could be affected by the proposed amended plans are listed in table 3 of the Appropriate Assessment report, with N. Ireland SPA s listed in table 4. SES is content

7 that all European sites located wholly or partially in N. Ireland which may be impacted by the proposal have been included and considered in line with their conservation objectives in the report. They have also been considered in relation to the Preliminary screening for SEA. We note that NIEA has recently updated the conservation objectives and threats to site integrity for SACs and we therefore recommend that Donegal County Council updates its appropriate assessment to reflect these to ensure that the appropriate assessment is based up the most up to date information for SACs, SPAs and Ramsars. This information can be obtained from Northern Ireland Environment Agency. The conclusion contained in the screening report states that there are not likely to be any significant impacts on the Network of Natura 2000 sites as a result of the proposed variation. Significant effects are those that would undermine the conservation objectives for qualifying features of European Sites. Table 3.0 however provides an outline of the likely effects, as anticipated by Donegal County council, from the proposed changes in the policies. These potential impacts were considered to be insignificant on Natura 2000 sites located both inside Donegal and adjacent to the plan area. Any trans-boundary effects from the proposals could originate from water pollution incidents, disturbance to birds and loss or fragmentation of habitat. The report states that existing safeguards and policies currently in place will help to maintain and protect the Natura 2000 sites and remove any potential impacts from the proposals. Each individual project which originates as a result of this proposed policy change will also be subject to Habitats Regulation Assessment. Recommended Response Updated conservation objectives have recently been published for Special Conservation Areas in Northern Ireland. It is therefore recommended that Donegal County Council updates the appropriate assessment to ensure that it incorporates the most up to date information available on all European sites in Northern Ireland. This can be obtained from Northern Ireland Environment Agency. Given that the River Foyle and tributaries SAC is contiguous with the River Finn SAC and Atlantic salmon are a selection feature in each it is recommended that Donegal County Council ensures that the Loughs Agency is consulted through its parent department on this appropriate assessment. Based on the information provided in the report it is not anticipated by Shared Environmental Service that the proposed amendment to the County Donegal Development Plan will be likely to result in adverse significant effects on the European Protected sites located partially or entirely within N. Ireland. This is dependent on Donegal County Council or any other competent authority leading a project which could potentially affect any of the qualifying features of the European sites in N. Ireland carrying out an appropriate assessment in accordance with Article 6(3) of the Habitats Directive and consulting the statutory nature conservation body in Northern Ireland, that is Northern Ireland Environment Agency. Shared Environmental Service

8 Appendix 13b Technical report for Consultation c) 22 nd May 2015 Preliminary SEA Screening Report on Proposed Draft Variation (No. 3 Rural Housing) to the County Donegal Development Plan (as varied). The Planning section within Derry City and Strabane District Council acknowledges receipt of the above preliminary SEA screening report from the Central Planning Unit, Donegal County Council, seeking observations or submissions in relation to whether or not the proposed Variation would be likely to have significant effects on the environment. I note this is a Preliminary Screening Report to determine whether the proposed Variation will, or will not, have any likely significant environmental effects in terms of the Strategic Environmental Assessment (SEA) requirements and to facilitate consultation (under Article 13A(4) of the SEA Regulations ) with ourselves as an Environmental Authority in accordance with the SEA Screening Process. I understand Variation No. 3 (Rural Housing) is being made to the Development Plan (as varied), in order to amend Donegal County Council s policy in relation to both Stronger Rural Areas and Areas Under Strong Urban Influence. The proposed Variation will amend the qualifying criteria for new rural housing through changes to the relevant policies. The variation arises as a result of concerns that planning policy which limits rural housing to only persons whose parents have resided at least 7 years within those areas which are defined as Areas Under Strong Urban Influence is too limited. Having read the report, I would concur that the proposed Draft Variation may potentially increase the number of applications for housing within both Stronger Rural Areas and Areas Under Strong Urban Influence. (Table 2, Page 9). However, I would be minded that, given the stated rigorous environmental assessment that each application would be subject to, it is unlikely that there would be any transboundary environmental effects arising from the proposed variation. It may be useful for the screening report to make reference to any potential effects on nonprotected landscape, in terms of long distance transboundary views from our District into Donegal. Such a situation could potentially arise, if the variation, as stated, increased the number of applications (and approvals) in these specific rural areas. Landscape degradation and light pollution may be relevant considerations. In conclusion, and having reviewed the supplied documents and maps, I would be in agreement that the development and effects arising from this proposed Draft Variation are not likely to have significant transboundary effects on the environment within Derry City and Strabane District. Local Development Plan Team, Derry City and Strabane District Council

9 Appendix 14 Response to Consultation d) Denis Kelly Central Planning Unit Donegal County Council County House Lifford County Donegal Dear Mr Kelly, Consultation regarding proposed Variation (No. 3 Rural Housing) to the County Donegal Development Plan (as varied) Thank you for your ed letter dated 5 th June 2015, to Derry City and Strabane District Council as a Prescribed Authority, inviting written submissions or observations. The Council notes the content of the proposed Variation and has previously commented on the anticipated environmental impacts on this District. Further than this, Derry City and Strabane District Council does not wish to make other comment. Thank you again for this consultation and we look forward to ongoing cooperation on such matters in the future. Yours sincerely, Chair of Planning Committee