Appropriate Assessment Conclusion Report. of the. 8th Variation to the Kerry County Development Plan to incorporate a Renewable Energy Strategy.

Transcription

1 Appropriate Assessment Conclusion Report of the 8th Variation to the Kerry County Development Plan to incorporate a Renewable Energy Strategy. IN ACCORDANCE WITH THE REQUIREMENTS OF ARTICLE 6 OF THE EU HABITATS DIRECTIVE 92/43/EEC November 2012

2 1. Introduction A Habitats Directive Assessment (HDA) is an evaluation of the potential impacts of a plan or program on the conservation status of Natura 2000 sites, and the development, where necessary, of mitigation or avoidance measures to preclude negative effects. Principally the purpose of a Habitats Directive Assessment is to identify the possible effects of implementing a Plan on the conservation status of designated Natura 2000 sites within the sphere of influence of the Plan. The Directive 92/43/EEC on the Conservation of Natural Habitats and Wild Flora and Fauna the Habitats Directive provides legal protection for habitats and species of European importance. The Directive was transposed into Irish law by the European Communities (Natural Habitats) Regulations, SI 94/1997, recently amended by the Birds and Habitats Regulation SI No 477 of Kerry County Council undertook the process of a Habitats Directive Assessment in parallel with the proposed 8 th Variation to the Kerry County Development Plan , the incorporation of a Renewable Energy Strategy (RES). The aim of the RES is to define the county s strategic approach to the development and management of renewable energy including onshore wind; hydroelectric power; bioenergy; heat pump/geothermal energy; solar energy and ocean energy. It is intended to provide a plan led strategy capable of delivering a sustainable balance between responding to overall Government Policy on renewable energy and enabling such energy resources to be harnessed in a manner that is consistent with proper planning and sustainable development. Within this policy framework the strategy will set out specific criteria that will be used to assess renewable energy proposals. In relation to on-shore wind, the strategy will specifically identify areas where there is significant wind energy potential and where, subject to criteria such as design and landscape planning; natural heritage; environmental and amenity considerations, onshore wind energy development will be acceptable. In other words the strategy aims to identify areas with both the infrastructural and environmental capacity to accommodate on-shore wind development. The strategy also aims to highlight areas unsuitable for wind development. It should be noted that a Strategic Environmental Assessment (SEA) also ran in parallel with the drafting of the RES, as governed by the European Communities (Environmental Assessment of Certain Plans and Programmes) Regulations 2004 (S.I. 435/2004), amended in Regulations 2011 (S.I. No 200 of 2011), and the Planning and Development (Strategic Environmental Assessment Regulations 2004 (SI 436/2004), amended in Regulations 2011 (S.I. No 201 of 2011). In accordance with Section 13(2) of the Planning and Development Act 2000 (as amended) notice of the proposed 8 th variation to the Kerry County Development Plan (CDP) was published in the local papers inviting observations and submissions. Copies of the variation, draft RES; Environmental Report (ER) of the Strategic Environmental Assessment (SEA) and Habitats Directive Assessment (HDA), under Article 6 of the Habitats Directive, were put on display from the 31 st May to the 28 th June Thirty eight submissions were received. 1

3 A Managers Report was prepared on the 38 submissions received on the Draft RES, ER and HDA which was presented to the Council on July 16 th The Elected Members adopted a total of 63 material alterations (amendments) following this meeting. Following the July 16 th meeting the manager determined that in accordance with Section 13(6)(a) of the Planning and Development Act that a Strategic Environmental Assessment and a Habitats Directive Assessment was required to be carried out on the proposed material alterations to the variation and specified the period from 1 st August 2012 to the 24 th August 2012 to facilitate these assessments. Following the completion of that process proposed material alterations were on public display from 29 th August to 27 th September. An SEA Environmental Report Addendum of the proposed Material Alterations to Variation 8 of the Kerry County Development Plan ( ) (Renewable Energy Strategy) August 2012 and the Natura Impact Report of the proposed Material Alterations to Variation 8 of the Kerry County Development Plan ( ) (Renewable Energy Strategy) August 2012 also went on public display during this period. In total, 94 no. submissions on the proposed amendments to material alterations were received during the consultation period. A County Managers Report was prepared on the 94 submissions received which were presented to the Council on the 5 th November, It outlined 12 proposed modifications arising from the second phase of public consultation. The RES was subsequently adopted at that meeting held on November 5 th, The Elected Members adopted a total of 13 amendments to the material alterations following this meeting. It should be noted that some of those adoptions went against the recommendations in the County Managers Report. This is detailed further in this report. This document (Appropriate Assessment Conclusion Report) of the RES forms the final stage of the requirements for the appropriate assessment of the RES as adopted on November 5, The requirements of this report are detailed in Section of the DoEHLG Appropriate Assessment of Plans and Projects in Ireland, Guidance for Planning Authorities. It is a concluding document where the project / plan is not considered likely to have significant adverse effects on Natura 2000 sites following the adoption of the plan. It should be noted that this report is written in parallel with an SEA Statement. The SEA Statement is required under S.I No. 435 of 2004 and S.I. No. 436 of 2004, as amended. Plans or programs can only be permitted after having ascertained that there will be no significant adverse effect on the integrity of Natura 2000 sites. In a situation where it is not possible to fully demonstrate that adverse effects on the site integrity would occur, options must be explored so that any risk of damaging designated sites is avoided. Components within a plan or program, such as objectives or proposals, can be adjusted or removed to avoid significant adverse impacts prior to implementation. The plan or program may also proceed if sufficient mitigation or compensation measures are in place to ensure the overall integrity of the site. 2

4 *NB: This report should be read in conjunction with the following documents:- The 8 th Variation to the Kerry County Development Plan to incorporate a Renewable Energy Strategy Habitats Directive Assessment of the 8 th Variation to the Kerry County Development Plan to incorporate a Renewable Energy Strategy in accordance with the requirements of Article 6(3) of the EU Habitats Directive 92/43/EEC Natura Impact Report of the proposed Material Alterations to Variation 8 of the Kerry County Development Plan ( ) (Renewable Energy Strategy) August Name of Project or Plan For the purposes of this report the plan should be taken to include the Renewable Energy Strategy (RES) in addition to the Variation Number 8 to the Kerry County Development Plan document. 3. Name and Location of Natura 2000 sites There are a number of Natura 2000 sites which may potentially be affected by the Plan. In general ex situ sites are those located within 15km from the nearest Plan Area Boundary. For the purposes of this assessment the Natura 2000 sites considered are listed in Table 1. Figure 1 shows the SPAs located within or are adjoining the plan area. Figure 2 shows the csacs located within or which adjoin the plan area. (It should be noted that the boundaries of these sites is subject to change. Up to date information, data and maps of Irish Natura 2000 sites, including those identified above is available from the Maps and Data Section on the NPWS website at Table 1:Natura 2000 sites within (in situ)and outsite (ex situ) the plan area Designation Site Name and Code csac (in situ) Caha Mountains, Akeragh, Banna And Barrow Harbour, Ballinskelligs Bay And Inny Estuary, Castlemaine Harbour, Old Domestic Building, Dromore Wood, Kilgarvan Ice House, Killarney National Park, Macgillycuddy s Reeks And Caragh River, Lough Yganavan And Lough Nambrackdarrig, Mount Brandon, Sheheree (Ardagh) Bog, Cloonee And Inchiquin Loughs, Uragh Wood, Mucksna Wood, Glanmore Bog, Maulagowna Bog, Mullaghanish Bog, Old Domestic Building, Curraglass Wood, Tralee Bay And Magharees Peninsula, West To Cloghane, Old Domestic Building, Askive Wood, Ballyseedy Wood, Kenmare River, Lower River Shannon, Blackwater River (Cork/Waterford), Blasket Islands, Blackwater River (Kerry), Slieve Mish Mountains,

5 Designation csac (ex-situ) SPA/pSPA (in situ) SPA/pSPA (ex situ) Site Name and Code Drongawn Lough, Magharee Islands, Valencia Harbour/Portmagee Channel, Kerry Head Shoal, Glanlough Woods, Moanveanlagh Bog, Glengarriff Harbour And Woodland (Cork), Sheep s Head (Cork), St. Gobnet s Wood (Cork), The Gearagh (Cork), Cleanderry Wood (Cork), Derryclogher (Knockboy) Bog (Cork), Farranamanagh Lough (Cork), Kilkee Reefs (Clare), Tullaher Lough and Bog (Clare), Puffin Island Skelligs Blasket Islands Tralee Bay Complex (includes former Lough Gill SPA and Akeragh, Banna and Barrow Harbour SPA ), Castlemaine Harbour Killarney National River Shannon and River Fergus Estuaries Eirk Bog Magharee Islands Dingle Peninsula, Iveragh Peninsula Stacks to Mullaghareirk Mountains, West Limerick and Mount Eagle Hills Deenish Island and Scariff Island Kerry Head The Bull And The Cow Rocks (Cork) The Gearagh (Cork) Beara Peninsula (Cork) Sheep s Head To Toe Head (Cork) Mullaghanish To Musheramore Mountains (Cork) Loop Head (Clare) In total there are 20 SPAs (14 in-situ and 6 ex-situ) and 40 SACs (31 in-situ and 9 exsitu) identified within the study area. These sites represent a diverse range of qualifying interests- 39 Annex 1 habitats, including 6 priority habitats and 20 Annex II species (other than birds) under the Habitats Directive. Many of the SPA designations overlap with the SAC s protecting a range of Annex I species, under the Birds Directive, and regularly occurring migratory species with the protection of wetlands of international importance. Several SPA sites in Kerry hold numbers of international importance including Puffin Island ; Skelligs SPA ; Tralee Bay Complex ; Blasket Islands ; Castlemaine Harbour and the River Shannon and River Fergus Further information on Natura sites are listed in more detail in Appendix 3 and 4, of the HDA including their qualifying interests; conservation status; conservation objectives and conditions required for site integrity. These key concepts within appropriate assessment are also discussed in more detailed in the HDA. 4

6 Figure 1 SPAs in the Plan area 5

7 Figure 2 csacs in the Plan Area 6

8 4. Description of the Project or Plan The RES outlines a strategy for the development of renewable energy (RE) in the county for the next ten years, including the following RE technologies: On-shore wind, Hydroelectric power, Bioenergy (including Biomass Plants, Combined Heat and Power (CHP) and Anaerobic Digestion (AD)), Heat pumps and Geothermal Energy, Solar Energy, and Ocean Energy (including off-shore wind, wave and tidal). The RES is intended to provide a plan led strategy capable of delivering a sustainable balance between responding to overall Government Policy on renewable energy and enabling such energy resources to be harnessed in a manner that is consistent with proper planning and sustainable development. Within this policy framework the strategy will set out specific criteria that will be used to assess renewable energy proposals. In relation to on-shore wind, the strategy will specifically identify areas where there is significant wind energy potential and where, subject to criteria such as design and landscape planning; natural heritage; environmental and amenity considerations, on-shore wind energy development will be acceptable. On adoption the RES will be the 8th variation to the existing Kerry County Development Plan (KCDP) (as varied). As part of the preparation of the County Development Plan the strategy will be reviewed and amended as required. 5. Is this project or plan directly connected with or necessary to the management of the sites? (Provide details) The RES is a land use plan and is therefore not directly connected with or necessary to the management of Natura 2000 sites. 6. Are there other projects or plans that together with the project or plan being assessed could affect the sites? (Provide details) These projects / plans are outlined in the Habitats Directive Assessment (HDA) document which accompanied the RES. The main plans that together with the RES which could affect Natura 2000 sites and are likely to have an in combination effect, are the wind energy strategies of the bordering counties of Cork, Limerick and Clare. Further details are provided in Section 2.11 of the HDA. 7. Describe how the project or plan (alone or in combination) is likely to affect Natura 2000 sites. The HDA determined that the implementation of the RES in relation to bioenergy, solar, heat pump/geothermal energy is unlikely to significantly affect Natura 2000 sites. The screening also determined that hydroelectric schemes by their nature and scale could significantly affect Natura 2000 sites, particularly sites with annexed water dependent habitats and species. Natura 2000 sites are therefore not considered suitable for the development of a Pumped Hydro Electric Storage (PHES) scheme and sensitive 7

9 catchments, including 5 of the counties 6 Freshwater Pearl Mussel catchments are also deemed unsuitable for small scale hydroelectric schemes. All other proposals for hydroelectric schemes within or adjacent to Natura 2000 sites must undergo a project level Habitats Directive Assessment. Only proposals that determine no adverse affects on the site integrity of Natura 2000 sites will be permitted. In relation to on-shore wind development the HDA determined significant effects, including cumulative effects, were likely from the zoning of Strategic Site Search Areas (SA) and areas Open to Consideration (OTC). This element of the RES was forwarded to a Stage 2 Appropriate Assessment. Although all Natura 2000 sites are considered unsuitable for wind development, the AA determined that the site integrity of several Natura 2000 sites in the vicinity of wind deployment zones could be adversely affected. In particular potential impacts to water quality and disturbance and/or alteration of key species/habitats were identified as possible causes of adverse affects. Further mitigation measures were recommended in the report in order to prevent such affects in the implementation of the RES. The AA concluded that further to these measures being undertaken, there would be no adverse affect on Natura 2000 sites. In addition all proposals for wind development within or adjacent to Natura 2000 sites must undergo a project level Habitats Directive Assessment. Only proposals that determine no adverse affects on the integrity of Natura 2000 sites will be permitted. In addition it should be noted that a Stage 1 Habitats Directive Assessment of the proposed material alterations identified significant effects on Natura 2000 sites is unlikely in relation to several of the material alterations proposed to the RES in light of the public consultation phase. This is further to compliance with the relevant objectives as set out in the RES; the development management standards set out in Chapter 11 of the RES; the mitigation measures proposed in the SEA and in accordance with the provisions for proper planning and sustainable development in the Kerry County Development Plan Five objectives (SO6; WE2; WE8; WE1 and WE7) were further amended. Three objectives (SO6; WE2 and WE8) were amended as a result of the screening to take account of submissions made by the Department of Arts, Heritage and the Gaeltacht to clarify the terms significant effect and adverse effects in the context of the Habitats Directive. It was recommended that the clarification noted by the DAHG is made throughout the HDA/NIR and SEA ER documents that accompanied the draft RES in May Both objectives WE 1 and WE7 were amended to take account of recent scientific research into the disturbance/displacement of Hen Harrier from suitable habitat within 250m of operating wind turbines. The Stage 1 screening also identified that there were likely to be significant effects on Natura 2000 sites in relation to the designation of three newly proposed areas Open to Consideration - OTC Cappalivane, Curraglass South and Redtrench North; OTC Derrincullig and OTC Ballyheigue. Accordingly a Stage Two Appropriate Assessment is undertaken. 8

10 The AA concluded that the proposed designated areas Open to Consideration (OTC) Cappalivane, Curraglass South and Redtrench North are partly within the Killarney National Park, Macgillycuddy Reeks and the Caragh River Catchment csac. Direct impacts on annexed habitats and annexed species have been identified. Furthermore several of the annexed habitats listed as qualifying interest for the csac are priority habitats. It is recommended, and in keeping with the policy of the RES, that the areas contained within Killarney National Park, Macgillycuddy Reeks and the Caragh River Catchment Natura 2000 Site (Site Code ) are excluded from the OTC Cappalivane, Curraglass South and Redtrench North. If the csac areas are not excluded from the OTC designation, adverse effects on the site integrity of the Killarney National Park, Macgillycuddy Reeks and the Caragh River Catchment csac cannot be ruled out. Accordingly if these areas are not omitted from the OTC designation, the Planning Authority will be required to proceed to Stage 3 Appropriate Assessment prior to adoption. In relation to the proposed OTC designation near Ballyheigue and the remaining section of proposed OTC Derrincullig outside the Lough Leanne catchment, the AA determined that several Natura 2000 sites in the vicinity of these newly designated wind deployment zones could be adversely affected. In particular potential impacts to water quality and disturbance and/or alteration of key species/habitats were identified as possible causes of adverse affects. Mitigation measures are recommended in the report in order to prevent such adverse affects on the site integrity of Natura 2000 sites. The AA concluded that further to these measures being undertaken, there would be no adverse affect on the integrity of Natura 2000 sites. In addition all proposals for wind development adjacent to Natura 2000 sites must undergo a project level Habitats Directive Assessment. Only proposals that determine no adverse effects on the integrity of Natura 2000 sites will be permitted. The above was presented to Council in the meeting of November 5 th, Elected members of the Council were of the opinion that: the proposed material alteration (Amendment No. 30) to designate the townlands of Cappalivane, Curraglass South and Redtrench North Open to Consideration (OTC) be accepted further to the exclusion of the Killarney National Park, Macgillycuddy Reeks and the Caragh River Catchment Natura 2000 Site (Site Code ). However, findings of the SEA in relation to the Lough Leane Catchment and landscape sensitivity of the area were not accepted and the amendment in this regard went against the recommendation of the SEA. At the meeting Amendment 54 and 55 which dealt with changes to the text of Objective NR7-41 (former HP3) and HP5 were discussed by the Council. The Council adopted that HP5 be deleted from the RES and that reference to Pumped Hydro Electric Schemes (PHES) being excluded from Natura 2000 sites be removed. The Council adopted that objective NR7-41 would cover all proposed hydro electric schemes small scale hydro and PHES. The amendment in this regard went against the recommendation of the SEA and HDA. 9

11 8. Explain why these Effects are Not Considered Significant. Habitats Directive Assessments were previously prepared in respect of the RES, the proposed material alterations to the RES and to the related 8 th variation to the Kerry County Development Plan It was concluded that these were not likely to have significant effects on Natura 2000 sites. Accordingly this current assessment largely relates to the adopted amendments to the Draft Plan (having regard to potential cumulative and in combination effects). As part of this each individual modification to the proposed amendment / material alterations have been screened / assessed for potential impacts on Natura 2000 sites (refer to Appendix 1 of this report). The effects of the proposed amendments / material alterations, as modified, on Natura 2000 sites are not considered to be significant, as they either:- Will not lead to development, Are intended to protect the natural environment, including biodiversity (see Article 10 of Directive), Are intended to conserve or enhance the natural, built or historic environment and are unlikely to have an effect on a Natura 2000 site, Positively steer development away from Natura 2000 sites and associated sensitive areas, Positively make provision to ensure that the policy / objective implementation will not have a significant effect or adverse affect on the integrity of a Natura 2000 site, or Policies and objectives that can be dealt with by using a caveat or conditional approach requiring, where necessary, a case by case HDA. The results of a detailed screening assessment on exercise are contained within Appendix 1 of this document. It states that the HDA/NIR determined that PHES projects, due to their requirements at construction and operational stage, were not deemed suitable within Natura 2000 sites. As a result of the Council Meeting held on November 5, 2012, the Council determined to remove objective HP5 which excluded PHES projects from Natura 2000 sites. It was deemed appropriate that Objective NR 7-41 (former HP3) would cover all Hydro electric schemes. The HDA/NIR s determination in relation to PHES was strategic in nature. At this stage there are no proposals for PHES sites provided for in the RES. Due to this lack of zones or areas considered appropriate for PHES schemes a Stage 2 AA was not undertaken in this instance due to the modification made in the November 5 th, 2012 meeting. Rather no significant effect is deemed likely due to the RES requiring, in NR 7-41 (former HP3), and NR7-26 that only hydro scheme/re proposals that have undergone a Habitats Directive Assessment which concludes no likely significant affect on the integrity of Natura 2000 site will be permitted. 10

12 9. List of Agencies consulted A wide range of statutory and non statutory consultation bodies, including the environmental authorities were consulted with in relation to the preparation of the RES and accompanying Strategic Environmental Assessment and Habitats Directive Assessment documents. 10. Response to Consultation The responses received to the consultation processes are outlined in the Managers Reports on the submissions / observations received on the RES and in the Managers Report on the submissions / observations to the proposed material alterations and proposed amendments to the material alterations. 11. Data collected to carry out the Assessment Identification of Natura 2000 sites located within or immediately adjoining the plan area in situ and ex situ Mapping of Natura 2000 sites located within the plan area Identification of the reasons for site designation, Identification of (draft) conservation objectives Identification of the environmental conditions considered necessary to support site integrity Summary of key issues identified as being of importance in maintaining site integrity Identification of Natura 2000 sites which may be potentially affected by the Plan Objectives, policies and strategies contained in the RES and in the related / complimentary variation The above information is available in the HDA that accompanied the RES in May Who carried out this Assessment? This assessment was carried out by the Planning Policy Unit of Kerry County Council. 13. Sources of Data The Habitats Directive Assessment of potential impacts on the integrity of Natura 2000 sites in the HDA is based on consultation, a desktop review of literature, existing and relevant NPWS Natura 2000 Site Synopses Data, Qualifying Interests, Conservation Management Plans and the (draft) Conservation Objectives. A review was also carried out of Habitats Directive Assessments recently carried out in relation to plans /projects in the area namely those of the Kerry County Development Plans ; the River Basin Management Plans for the South West and Shannon Basins, County Clare Wind Energy Strategy, HDA, 2009 and the Offshore Renewable Energy Development Plan for Ireland, NIS, Level of Assessment completed Stage One Screening for all renewable energy other then wind. Stage 2 Appropriate Assessment for the wind deployment areas and proposed material alterations to the RES was also completed. 11

13 15. Where the full results of the Assessment can be accessed and viewed? The full results of the assessment are contained within this document. However this assessment draws heavily on the findings of, and therefore should be read in conjunction with, The HDA of the Proposed 8 th Variation to the Kerry County Development Plan ( ) (Renewable Energy Strategy) May 2012 and the Natura Impact Report of the proposed Material Alterations to Variation 8 of the Kerry County Development Plan ( ) (Renewable Energy Strategy) August Overall Recommendations and Conclusions This report concludes that the RES together with the 8 th Variation to the Kerry County Development Plan is not likely to have significant effects on Natura 2000 sites. 17. Explain how the overall conclusion that there are no significant effects on the Natura 2000 site was arrived at? The overall conclusion that no significant effects on Natura 2000 are likely was determined following a methodological assessment carried out having regard to the following guidance documents:- Appropriate Assessment of Plans and Projects in Ireland Guidance for Planning Authorities (2009). European Commissions: Managing Natura 2000 Sites. The provisions of Article 6, of the Habitats Directive 92/43/EEC European Commission: Assessment of plans and projects significantly affecting Natura 2000 sites Methodological guidance on the provisions of Article 6(3) and (4) of the Habitats Directive 92/43/EEC European Commissions Guidance Document: Wind Energy developments and Natura 2000, Guidance document on Article 6(4) of 'Habitats Directive' 92/43/EEC Department of the Environment Heritage and Local Government (DEHLG) Circular letter SEA 1/08 & NPWS 1/08 dated 15 February, Department of the Environment (1994). Planning and Policy Guidance: Nature Conservation (PPG9) (HMSO). The European Communities (Natural Habitats) Regulations, SI 94/1997, recently amended by the Birds and Habitats Regulation SI No 477 of In identifying the potential issues which could affect the integrity of these sites a range of factors were taken into account, including the possibility of effects manifesting themselves in the short, medium and long-term, in combination effects and the potential impacts of climate change. In addition the precautionary principle was adhered to in the carrying out of this assessment. It is considered that the objectives, policies and supporting text of the adopted plan and of the related / complimentary variation support only sustainable development at appropriate locations and have ensured that the nature conservation interests of Natura 2000 sites in the vicinity have been safeguarded. 12

14 This report finds that the adopted Renewable Energy Strategy and the Proposed 8 th Variation to the Kerry County Development Plan will not have significant effects on Natura 2000 Sites in relation to bioenergy, solar, heat pump/geothermal energy and hydro electric schemes. In relation to on-shore wind development the HDA/NIR determined significant effects, including cumulative effects, were likely from the zoning of Strategic Site Search Areas (SA) and areas Open to Consideration (OTC). This element of the RES was forwarded to a Stage 2 Appropriate Assessment. Although, all Natura 2000 sites are considered unsuitable for wind development, the AA determined that the site integrity of several Natura 2000 sites in the vicinity of wind deployment zones could be adversely affected. Further mitigation measures were recommended in the report in order to prevent such affects in the implementation of the RES. 13

15 Appendix 1*: Detailed Screening of the Adopted Modifications to Proposed Amendments to the Material Alterations to the RES as adopted on November 5 th, *This should be read in conjunction with the Proposed Material Alterations to the Draft RES , August 2012 document, the HDA of the Proposed 8 th Variation to the Kerry County Development Plan ( ) (Renewable Energy Strategy) May 2012 and the Natura Impact Report of the proposed Material Alterations to Variation 8 of the Kerry County Development Plan ( ) (Renewable Energy Strategy) August It should be noted that only amendments that contravene the recommendations, following the SEA and AA process, in the County Managers Report are assessed below. All other amendments adopted on November 5 th, 2012 were assessed in the aforementioned SEA and NIR reports. Proposed Modification Number Risk of Significant Effect (including in combination and accumulative effects) Proposed Amendments (General) Amendment 30 No Significant Effect as lands within Open to the Killarney National Park, Consideration (OTC) Cappalivane, Macgillycuddy Reeks and the Caragh River Catchment csac have Curraglass South been excluded and Redtrench North proceed further to the exclusion of lands that are partly within the Killarney National Park, Macgillycuddy Reeks and the Caragh River Catchment csac. HP5 be deleted from the RES and that reference to Pumped Hydro Electric Schemes (PHES) being excluded from Natura 2000 sites be removed. The Council adopted that objective NR7-41 (former HP3) would cover all proposed hydro electric schemes small The HDA/NIR determined that PHES projects, due to their requirements at construction and operational stage, were not deemed suitable within Natura 2000 sites. As a result of the Council Meeting held on November 5, 2012, the Council determined to remove objective HP5 which excluded PHES projects from Natura 2000 sites. It was deemed appropriate that Objective NR 7-41 (former HP3) would cover all Hydro electric schemes. The HDA/NIR s determination in Recommended Modifications / New Objectives / Policies / Supporting Text None required, Objective NR7-26 (former SO6) will ensure that only RE proposals that have undergone a Habitats Directive Assessment which concludes no likely significant affect on the integrity of Natura 2000 site will be permitted. None required, Objective NR7-41 (former HP3) and NR7-26 (former SO6) will ensure that only hydroelectric proposals that have undergone a Habitats Directive Assessment which concludes no likely significant affect on the integrity of Natura 2000 site will be permitted. 14

16 Proposed Modification Number Risk of Significant Effect (including in combination and accumulative effects) Proposed Amendments (General) scale hydro and relation to PHES was strategic in PHES. nature. At this stage there are no proposals for PHES sites provided for in the RES. Due to this lack of zones or areas considered appropriate for PHES schemes a Stage 2 AA was not undertaken in this instance due to the modification made in the November 5 th, 2012 meeting. Rather no significant effect is deemed likely due to the RES requiring, in NR 7-41 (former HP3), that only hydro scheme proposals that have undergone a Habitats Directive Assessment which concludes no likely significant affect on the integrity of Natura 2000 site will be permitted. Recommended Modifications / New Objectives / Policies / Supporting Text 15