SEA Statement on the Strategic Environmental Assessment of the County Donegal Development Plan

Transcription

1 SEA Statement on the Strategic Environmental Assessment of the County Donegal Development Plan June 2018

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3 TABLE OF CONTENTS 1 INTRODUCTION TERMS OF REFERENCE SEA DEFINITION LEGISLATIVE CONTEXT CONTENT OF THE SEA STATEMENT IMPLICATIONS OF SEA FOR THE COUNTY DONEGAL DEVELOPMENT PLAN HOW ENVIRONMENTAL CONSIDERATIONS WERE INTEGRATED INTO THE PLAN KEY STEPS IN THE SEA PROCESS SEA CONSIDERATIONS CONSULTATIONS HOW CONSULTATIONS INFORMED THE SEA PROCESS APPROPRIATE ASSESSMENT ENVIRONMENTAL PRESSURES AND VULNERABILITIES FLOOD RISK IDENTIFICATION AND EVALUATION OF ALTERNATIVES ALTERNATIVE APPROACHES TO THE PLAN PLANNING CONTEXT ALTERNATIVES DETAILS OF THE ALTERNATIVE APPROACHES ASSESSMENT AND SELECTION OF ALTERNATIVES MITIGATION INTRODUCTION MITIGATION THROUGH ASSESSMENT OF ALTERNATIVES MITIGATION INTEGRATED INTO SETTLEMENT FRAMEWORK PLANS INCORPORATING ENVIRONMENTAL ISSUES INTO THE PLAN MONITORING MONITORING, ENVIRONMENTAL OBJECTIVES, INDICATORS AND TARGETS SOURCES OF MONITORING INFORMATION REPORTING i

4 LIST OF FIGURES Figure 2.1: Vulnerability Mapping in County Donegal Figure 2.2: Location of Natural Heritage Areas and Proposed Natural Heritage Areas Figure 2.3: Location of Natural Heritage Areas and Proposed Natural Heritage Areas Figure 2.4: Illustrating Freshwater Pearl Mussel catchments and sites and Designated Shellfish Waters in County Donegal Figure 2.5: Ramsar Sites and Statutory Nature Reserves in County Donegal Figure 2.6: Geology of the County Figure 2.7: Distribution of Land Cover Within the County Figure 2.8: Biological classification of rivers in the NWIRBD Figure 2.9: Biological status of lakes in the NWIRBD Figure 2.10: Average ortho-phosphate in NWIRBD Rivers in Figure 2.11: Average total phosphorus in NWIRBD Lakes in Figure 2.12: Number of Unsewered Properties in the County Figure 2.13: Bathing Water Quality in the County Figure 2.14: Scenic Amenity Map extract From Part B of Draft County Development Plan LIST OF TABLES Table 2.1: Key Steps in the SEA, AA and Plan preparation... 5 Table 2.2: Submissions Received from Prescribed Environmental Authorities... 7 Table 2.3: Recommended Changes to the Policies and Objectives of the Draft CDP to ensure adequate mitigation of any potential impacts on the Natura network Table 2.4: Summary of Main Environmental Pressures within the County ii

5 Table 3.1: Assessment of Alternative Approaches to the Plan in the Context of the Strategic Environmental Objectives (SEO s) Table 4.1: Strategic Environmental Objectives Table 4.2: Categories for Assessment Table 4.3: Changes to the Draft CDP resulting from the SEA Table 5.1: Environmental Monitoring of the County Donegal Development Plan Table 5.2: Environmental Protection Objectives, Indicators and Targets iii

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7 1 INTRODUCTION 1.1 Terms of Reference This is the Strategic Environmental Assessment (SEA) Statement of the County Donegal Development Plan SEA Definition Strategic and Environmental Assessment (SEA) is the formal, systematic evaluation of the likely significant effect of implementing a plan or programme before a decision is made to adopt the Plan or Programme. The process includes: Preparing an environmental Report where the likely significant Environmental effects are identified and evaluated; Consulting the public Environmental Authorities and any EU member State affected on the Environmental Report and draft plan or programme; Taking account of the findings of the Report and the outcome of these consultations in deciding whether to adopt or modify the draft plan or programme; Making known the decision on adoption of the plan or programme and how the SEA influenced the outcome Legislative Context Directive 2001/42/EC of the European Parliament and of the Council, of 27 th June 2001, on the assessments of the effects of certain plans and programmes on the environment, referred to hereafter as the SEA Directive, introduced the requirement that an SEA be carried out on plans and programmes, including land use plans. The European Communities (Environmental Assessment of Certain Plans and Programmes) Regulations 2004 (SI No. 435 of 2004), and the Planning and Development (Strategic Environmental Assessment) Regulations 2004 (SI No. 436 of 2004) transpose the SEA Directive into Irish Law. Both sets of Regulations became operational on 21 st July The Department of Environment, Heritage and Local Government also issued guidelines in November 2004 on the implementation of the SEA Directive (2001/42/EC) entitled Assessment of the Effects of Certain Plans and Programmes on the Environment. The SEA Directive and instruments transposing it into Irish Law require that, after the adoption of a plan or programme, the plan or programme making authority is required to make a Statement available to the public, the competent environment authorities and, where relevant, neighbouring countries. This Statement is referred to as an SEA Statement. 1 Assessment of the Effects of Certain Plans and Programmes on the Environment, Guidelines for Regional Authorities and Planning Authorities, November

8 1.4 Content of the Sea Statement Article 131 of the SEA Regulations indicate that the SEA Statement must include information summarising: a. How environmental considerations have been integrated into the plan; b. How i. The environmental report, ii. Submissions and observations made to the planning authority in relation to the proposed plan and environmental report, iii. Any transboundary consultations. Have been taken into account during the preparation of the Plan; c. The reasons for choosing the Plan, as adopted, in the light of the other reasonable alternatives dealt with, and d. The measures decided upon to monitor the significant environmental effects of implementation of the Plan. 1.5 Implications of SEA for the County Donegal Development Plan As a result of the aforementioned legislation, the County Donegal Development Plan was required to undergo an SEA. This process included pre-scoping and formal scoping with stakeholders before the findings of the SEA were expressed in an Environmental Report which accompanied the Draft County Donegal Development Plan The Environmental Report was contained within the Draft Plan as Part D: Environmental Report, May 2017 and assessed the likely environmental effects of each objective and policy contained within the Draft Plan; the assessment of the Objectives and Policies is contained in Table 8.4: Assessment of Strategic Policy Objectives of the Environmental Report. The Environmental Report concluded that: The assessment of objectives and policies contained in Table 8.4 indicate the following: The implementation of the County Development Plan will have an overall positive effect on the environmental status of the County; Whilst a number of objectives and policies would have an overall positive impact, there may be certain elements of them that could also contain potential for conflict; where this arises the objectives and policies should be mitigated to an acceptable level*; The impact of some objectives and policies may be uncertain; The implementation of the Plan will not give rise to probable environmental conflicts that are unlikely to be mitigated to an acceptable level*; *An acceptable level means where the conflict with the status of the SEO would be rendered benign or reduce through the mitigation measures and thereby become acceptable in terms of well established principles of proper planning and sustainable development. 2 The Draft Plan and Environmental Report were on public display from the 19 th May to 1 st September A report made in respect of the submissions and observations on the published Draft Plan was presented in a Chief Executives Report dated October Donegal County Council considered the Draft Plan and Chief Executives Report (of October 2017) at an adjourned meeting on 13 th December 2017 and decided to amend the Draft Plan, by proposing forty Material Alterations. These Material Alterations were made available for public consultation 2 Draft County Development Plan ; Part D: Environmental Report 2

9 during the period 9 th February to 8 th March 2018, accompanied by an Addendum to the Environmental Report and an Addendum to Natura Impact Report. The Environmental Report determined that all potential effects arising from the proposed Material Alterations were either present already or would not change or would be mitigated so as not to be significant; none of the Material Alterations had a probable conflict with the status of any of the SEOs, where it was unlikely that the proposed Material Alterations could be mitigated to an acceptable level. All 26 proposed Material Alterations identified a potential conflict with the status of SEOs however it was considered that all of these could be mitigated to an acceptable level through existing objectives and policies contained within the Draft Plan. 22 of the proposed Material Alterations were identified as having uncertain interaction with the status of SEOs, 26 as having neutral, 1 as having no likely interaction and 4 as being likely to improve A further Environmental Report dated 18 th April was prepared subsequent to a submission from the Minister of the Department of Housing, Planning and Local Environment received on the 8 th March 2018 that recommended (inter alia) an SEA should also be carried out for Part B: Appendix 3; Development Guidelines and Technical Standards, Section 6.5 (f) as they affect policy contained within the Plan. Legal Advice sought by the Council recommended that the entire of Section 6.5 of the Plan and not merely 6.5 (f)should be assessed; thereby the Environmental report prepared by the Executive assessed Section 6.5 (a-f) of Part B: Appendix 3, of the Draft CDP. The assessment carried out by the executive concluded that: That section 6.5(a) to (e) of the Draft County Development Plan published in May 2017:- (i) Would not conflict with Section 28 Ministerial Guidelines and; (ii) Would result in a combination of neutral interaction with/ no likely interaction with/ likely to improve the status of; the SEO s and; thereby would not give rise to any significant adverse effects on the environment. The adoption of the Draft Plan, if it contains Section 6.5(f) of the Draft County Development Plan published in May 2017, may be found not to be in compliance with the Section 28 Ministerial guidelines entitled, Interim Guidelines for Planning Authorities on Statutory Plans, Renewable Energy and Climate Change, published July 2017 by reason of not permitting the plan to indicate how the plan over its lifetime would contribute to realising the targets as set forth in paragraph 4(2) can be achieved since the Standard 6.5(f) is likely to create a significant limitation or constraint on renewable energy projects including wind turbines as demonstrated on the maps contained in Appendix F to this report and since it would result in an overly restrictive and limited area of land being effectively Open to Consideration for wind energy proposals within the administrative area of the Donegal County Council and: (i) Would thereby significantly reduce the Councils potential support for the implementation of the National Climate Strategy such as to result in a probable conflict unlikely to be mitigated to an acceptable level (SEO: AC1); (ii) would significantly reduce the Councils potential contribution to the reduction of all forms of air pollution such as to result in a probable conflict unlikely to be mitigated to an acceptable level (SEO: AC2) and; (iii) Would significantly reduce the Councils potential support and promotion of a shift from fossil fuel dependent energy to more sustainable energy such as to result in a probable conflict unlikely to be mitigated to an acceptable level (SEO: AC3) 3 An additional Paper entitled Addendum to Environmental Report of Part B: Appendix 3; Development Guidelines and Technical Standards, Section 6.5 (f), was submitted to the Special Plenary Council Meeting of 9 th May, 2018 by an Elected Member. This Paper was also considered by the Members at the aforementioned meeting, thereby also forming part of the Members Strategic Environmental Assessment at the Special Plenary Council Meeting on the 9 th May This Paper contained differing conclusions in relation to Section 6.5(f). Thus it was concluded that: 3 Environmental Report of Part B: Appendix 3; Development Guidelines and Technical Standards; Section 6.5 of the Draft County Donegal Development Plan , April

10 The consideration of the cumulative effects of Section 6.5 (f) and the policies and objectives of the Draft CDP on the status of the SEOs, found that elements would have neutral or no likely interaction with the Status of the SEOs and that it would be likely to improve the status of the SEOs, particularly in regard to Biodiversity, Flora and Fauna, Population, Human Health, Soil, Water, Coast/Marine Resource, Material Assets, Cultural Heritage and Landscape. Regarding the SEOs in relation to Air/Climatic Factors (AC1, AC2 and AC3) it was found that the cumulative effects would have Potential Conflict with the Status of the SEOs but this is likely to be mitigated to an acceptable level. 4 Having considered the Draft CDP, the proposed Material Alterations, the Natura Impact Report(s), the Environmental Report(s), and the additional Paper submitted by the Elected Member, it was resolved by Members to make the County Donegal Development Plan at a Special Plenary Council meeting on the 9 th May At the meeting, Members also completed their Strategic Environmental Assessment of the This Assessment had regard to, inter alia: (1.) submissions or observations received at all stages of the process; (2.) the Environmental Report of May, 2017; (3.) the Addendum to the Environmental Report of February, 2018; (4.) the Environmental Report of Part B: Appendix 3; Development Guidelines and Technical Standards; Section 6.5 of the Draft County Donegal Development Plan, (as prepared by the Executive); and (5.) the Paper entitled - 'Addendum Environmental Report of Part B: Appendix 3; Development Guidelines and Technical Standards; Section 6.5 of the Draft County Donegal Development Plan, (submitted by an Elected Member at the Council meeting of the 9th May, 2018). Whilst the Members were in agreement on most of their SEA process, there was some difference of opinion on their Assessment of one particular aspect of the Plan, namely Section 6.5(f) of the Technical Standards. In their consideration of this issue, Members had regard to both documents nos. (4.) and (5.) as referenced above. Ultimately having considered both documents the Members resolved to accept: The conclusions of the Environmental Report prepared by the executive and dated April 2018 in relation to Section 6.5 (a-e); and Conclusions as set out in the Elected Member's Paper in relation to Section 6.5 (f). At each stage of the process the Elected Members took into account the relevant documents that would inform their strategic environmental assessment process including the findings of the Environmental Report on the Draft Plan and the subsequent Strategic Environmental Assessment of the proposed Material Alterations, the Environmental Assessment of 6.5 (a-f) of the Development Guidelines and Technical Standards and the additional Paper submitted by the Elected Member to the Draft County Donegal Development Plan and associated Natura Impact Report(s); thus, all submissions were taken into consideration at each stage of decision making 4 Submission from Elected Member 4

11 2 HOW ENVIRONMENTAL CONSIDERATIONS WERE INTEGRATED INTO THE PLAN 2.1 Key Steps In the SEA Process The preparation of the Draft Plan, Strategic Environmental Assessment and Appropriate Assessment has been an iterative process and this is evident from the integration of the three strands at all key stages in the process, as set out in the following table. Table 2.1: Key Steps Key Steps in the SEA, AA and Plan preparation Dates Pre-Scoping SEA report Period prior to July 2016 Pre-Draft Consultation/Scoping Report for SEA/AA 8 th July 2016 to 9 th August 2016 Chief Executive s Report on Pre-Draft Consultation/SEA/Appropriate Assessment Draft Plan- Public Consultation on Draft Plan/ Environmental Report/ Appropriate Assessment Chief Executive s Report on Draft Plan/ Environmental Report/ Appropriate Assessment Adjourned Council Meeting Resolved to make plan subject to 40 proposed Material Alterations. Public Consultation on Material Alterations/ Environmental Report/ Appropriate Assessment Chief Executive s Report on Material Alterations/ Environmental Report/ Appropriate Assessment Special Plenary Council Meeting (Resolved to make Plan) September th May to 1 st September 2017 October th December th February 2018 to 8 th March 2018 inclusive 2 nd April th May SEA Considerations The preparation of the Environmental Report(s) on the likely significant effects on the environment of implementation of the County Donegal Development Plan included consideration of: Baseline data relating to the current state of the environment; Links between the County Donegal Development Plan and other relevant strategies, policies, plans, programmes and environmental protection objectives; Key environmental problems within the administrative area of Donegal, adjoining counties and also transboundary; The likely significant effects of policies and objectives on the environment (both positive and negative); Measures envisaged for the prevention, reduction and mitigation of any significant adverse effects; An outline of the reasons for selecting the alternatives considered; and 5

12 Monitoring measures to ensure that any unforeseen environmental effects will be identified, allowing appropriate remedial action to be taken. 2.3 Consultations In accordance with Article 13D (1) of the Planning & Development (Strategic Environmental Assessment) Regulations 2004 (as amended) the preliminary scoping exercise was circulated to the following statutory bodies as prescribed under article 13 A (4) of the aforementioned Regulations. SEA Section, Environmental Protection Agency (EPA) Department of Environment, Housing, Planning and Local Government (DEHPLG) Department of Communications, Climate Change and Natural Resources (DCCNR) Department of Agriculture, Food & the Marine Development Applications Unit, Department of Arts, Heritage, Regional, Rural and the Gaeltacht Affairs National Parks & Wildlife Service, Glenveagh National Park National Parks & Wildlife Service, Department of Arts, Heritage, Regional, Rural and the Gaeltacht Affairs Strategic Planning Division, Department of the Environment, Northern Ireland Northern Ireland Environment Agency Sligo County Council Leitrim County Council Fermanagh & Omagh District Council Derry City & Strabane District Council Causeway Coast and Glens Borough Council Cross-directorate within the Council Nine submissions were received from the Statutory Authorities in response to the Preliminary Scoping Report; these and the Council s responses are summarised in Table

13 Table 2.2: Submissions Received from Prescribed Environmental Authorities Ref Submission by Issues raised Response 1 Northern Ireland Environment Agency NIEA have made a further submission no. 7 below. 1. State their anticipation that owing to the transboundary nature of the plan, any significant environmental adverse effects that would remain after all measures to reduce, prevent and offset any significant adverse effects would be of relevance to consider in NI. 2. Request that the SEA Environmental report contains a clear statement indicating the opinion (and reason for it), about whether or not the implementation of the plan would be of relevance to consider in relation to NI. 3. Request that the SEA process to assess transboundary effects and identify and incorporate adequate mitigation to ensure there are no significant environmental effects on NI. 4. References a number of useful information sources including: NI State of the environment report NI Seas Report NI Environmental Statistics Reports Landscape Character Assessments and Seascape Character Assessments. UK national Ecosystems Assessment Chapter 18, NI NI Countryside survey 5. There is no specific reference to air quality in Page 14 of the draft Scoping report. 6. The EU adaptation strategy should be added to the table on page Welcome the consideration of SACs and SPAs in NI, and add that Bann Estuary SAC should be added to the table. Gives link to a website for further information. 8. Anticipate that any current or emerging development plan that shares a border with NI be taken into account in the development of the CDP and SEA. 9. Gives a contact for their SEA team in NI. 1. Noted, this will indeed be the case. 2. Noted, as above. 3. Noted as above. 4. Noted, reference shall be made to these data sets during the SEA. 5. The SEA shall incorporate issues relating to air quality, and local air quality. 6. The table (8) referred to has been entirely updated and includes the referenced EU Adaptation Strategy. 7. Noted, the website shall be used as part of the wider data resource. 8. Noted, the SEA shall consider all transboundary environmental issues. 9. NI SEA contact noted. 7

14 Ref Submission by Issues raised Response 2 Department of Communications, NI. Historic Environment Division States that spatial data on Northern Irelands Historic Environment Data is available at 3. DCNER on behalf of GSI 1. Refers to online mapping resources for: 4. Fermanagh and Omagh District Council 5. Causeway Coast and Glens Borough Council Aggregate potential for County Donegal, Audit of Geological sites in County Donegal, IGH programme, Geothermal, Soils and geology, Surface water & groundwater and Material Assets, 2. Suggest that table 2 of the existing environmental report be renamed List of County Geological Sites (CGS) in County Donegal. 1. State that the impact of any wind energy developments will extend beyond Donegal and it is important that policies should recognise such impact on the Fermanagh and Omagh landscapes and its tourism potential. Would like to ensure that such developments are sensitively located so as not to create an overbearing affect or demonstrate harm to the local landscape including iconic views. 2. State their significant interest in transboundary natural heritage and in particular SAC, SPA and Ramsar sites, and that such sites should be protected from inappropriate developments which may cause demonstrable harm to their setting and environs. 3. Request that DCC be cognisant of the relevant environmental designations in the Fermanagh and Omagh District Council Area. Sets out that the elected members of the borough council agreed to making a submission; the submission acknowledges that a SEA and AA are to be carried out as part of the CDP review and has submitted a map showing the designated sites Noted, DCC shall refer to these and other historic datasets through the SEA process. 1. Noted, DCC shall refer to these and other geological datasets through the SEA process. 2. Noted, names and references shall be amended where required. 1. Noted, potential effects on landscape is a key aspect of the SEA and the council fully recognise that landscape sits outside political borders and will therefore be considered as such. 2. Noted, like the consideration of landscape, the council also fully recognise that natural heritage sits outside political borders and will therefore be considered as such. 3. Noted, the SEA shall consider all transboundary environmental designations in accordance with international and national legislation and guidance. Noted, the SEA shall consider all transboundary environmental designations in accordance with international and national legislation and guidance. 8

15 Ref Submission by Issues raised Response within their council area that they would like considered during the review of the CDP and also any potential impact on the Lough Foyle Ferry. 6. Derry City and Strabane District Council 7. 2 nd submission from Northern Ireland Environment Agency (in addition to sub.1) 1. Submission broadly agrees with the preliminary SEA scoping report and that an SEA and AA of the County Development Plan are required. 2. Reference made to an attachment from NIEA; this was submitted as a separate submission, No 1, above. Highlights that many of the references to the EU directives in the draft scoping report are out of date and suggests that these be updated; specific reference is made to the WFD, Bathing waters directive, and the 2008 River Basin Management Plan. 8. EPA 1. Sets out that SEA guidance for the following is available on the EPA website: Integration guidance SEA checklist SEA spatial Information Sources Integrating Climate Change 2. Sets out that a new application for GIS based web application that could be used to inform the SEA screening and scoping stages at Noted, the references have been updated. 1. Noted, the council shall, and have, referred to the EPA guidance documents. 2. Noted, GIS is heavily used in the council s SEA process and the council welcome the additional information available on the Eden Ireland website. 9. Department of Agriculture, Food and the Marine. 3. Sets out the requirements to give notice to authorities pursuant to the SEA Regulations 2004, and States that should further information be required to contact Cian O Mahoney, Scientific Officer, EPA. 1. Sets out a list of relevant legislation, Plans and policies pertaining to potential impacts on sea fisheries and the marine environment that should be taken into account in the SEA. 2. Sets out the following issues of potential impacts for consideration in the SEA, on: 3. The council have fully complied with the requirements of the SEA regulations referred to in terms of consultation with statutory authorities. 4. The council welcome the ability to contact the EPA with any further SEA related queries. 1. Noted, the list of relevant legislation, plans and policies shall be updated and shall be considered in the SEA process. 2. Noted, the council shall consider all of the areas highlighted through the SEA process. 9

16 Ref Submission by Issues raised Response Marine environmental quality including shellfish growing waters Microbiological quality of shellfish ion the classified shellfish production areas Human health resulting from placing on the market of microbiologically contaminated fish Commercially imported fish and shellfish stocks, licensed aquaculture sites and areas important for fish/jellyfish Freshwater aquaculture operations including requirement for water abstraction and capacity of receiving waters to assimilate discharges Future designations of areas of importance to the aquaculture and fisheries sector Relevant EU Directives and National legislation in the area of Marine Spatial Planning 3. Gives details of where marine data can be sourced including GIS and reports. 4. Sets out a number of bodies that should/could be consulted specifically in relation to the marine. 3. The council welcome the provision of sources for marine data. 4. The council welcome details of who to contact to discuss/retrieve this data. 10

17 2.4 How Consultations Informed the SEA Process Subsequent to the pre-scoping consultation exercise, a Scoping Report for the SEA of the Draft Plan was presented as part of the Pre-Draft Plan consultation undertaken between the 8 th July and the 9 th August The submissions received informed both the making of the Draft Plan and the SEA process. The Draft Plan and accompanying Environmental Report were on public display from the 19 th May to 1 st September 2017, during which time 312 submissions and observations were made. The submissions to the Draft Plan and the Environmental Report were considered and changes were proposed that included non-material and material alterations to the Draft Development Plan. Forty Material Alterations were published with an accompanying SEA Environmental Report and were made available during the final public consultation period on the proposed Material Alterations that took place between 9 th February 2018 to 8 th March 2018 inclusive. The proposed Material Alterations that were published for public consultation consisted of the following three documents: Proposed Material Alterations to the Draft County Donegal Development Plan (including Appendix A), February Strategic Environmental Assessment of Proposed Material Alterations to the Draft County Donegal Development Plan : Addendum to Part D Environmental Report, February Addendum to Appropriate Assessment: Natura Impact Report of Proposed Material Alterations to the Draft County Donegal Development Plan (including Appendices A-C), February A total of 32 no. submissions or observations were received; 16 no. were received from the public and 16 no. were received from Statutory Consultees. A report on the submissions and observations made in respect of the proposed Material Alterations and accompanying Environmental Report was presented in a Chief Executives Report to the Members of Donegal County Council in April The Members resolved to make the County Donegal Development Plan having considered the Chief Executive s Report dated 2 nd April 2018 in relation to the 40 Proposed Material Alterations and having;- 1. Completed the Strategic Environmental Assessment process taking account of the information contained within, inter alia: (i) The Environmental Report (May 2017) of the Draft Plan and; (ii) The addendum Environmental Report relating to the Proposed Material Alterations (February 2018) and; (iii) The additional Environmental Report (April 2018) relating to Part B, Appendix 3, Development Guidelines and Technical Standards, Section 6.5 on Wind Energy. (iv) The submission made by an Elected Member, circulated on Tuesday 1 st May, relating to Part B, Appendix 3, Development Guidelines and Technical Standards, Section 6.5 (f) on Wind Energy. 2. Completed the Appropriate Assessment process taking account of the information contained within, inter alia: (i) The Natura Impact Report (May 2017) of the Draft Plan and; (ii) The addendum Natura Impact Report relating to the Proposed Material Alterations (February 2018) and; (iii) The additional Natura Impact Report (April 2018) relating to Part B, Appendix 3, Development Guidelines and Technical Standards, Section 6.5 on Wind Energy. 11

18 2.5 Appropriate Assessment The application of AA in Ireland, as required by the Habitats Directive, is primarily governed by the European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011 as amended by S.I. No. 355 of 2015), and the Planning and Development (Amendment) Act 2010 (Part XAB), as amended by the Environment (Miscellaneous Provisions) Act A range of guidance on carrying out appropriate assessment, and interpretation of relevant legislation is available. The EU Habitats Directive (92/43/EEC), Article 6, and as transcribed into Irish law requires that: Any plan or project not directly connected with or necessary to the conservation of a site but likely to have a significant effect thereon, either individually or in combination with other plans or projects, shall be subject to appropriate assessment of its implications for the site in view of the site s conservation objectives. An Appropriate Assessment was undertaken in tandem with the SEA process to assess whether the County Donegal Development Plan , individually or in combination with other plans or projects, is likely to have significant adverse effect on a designated Natura 2000 site (comprising Special Protection Areas (SPAs) and Special Areas of Conservation (SACs)). The AA process resulted in the recommendation of 41 amendments to text, addition of policies and addition of objectives prior to the publication of the Draft Plan. The proposed additions/deletions/amendments, were considered during the drafting of the Plan and Table 4.3 in this Report contains all additional objectives, policies and references contained within the Plan as informed through the AA and SEA process Table 2.3: Recommended Changes to the Policies and Objectives of the Draft CDP to ensure adequate mitigation of any potential impacts on the Natura network Chapter Economic Development Objective, Policy or reference in the Plan ED-P-8 Additional Policy Objective or Reference Added to the Draft County Development Plan Natura 2000 network added to policy statement: 'and the protection of areas designated as being of Especially High Scenic Amenity (EHSA) and the Natura 2000 network' ED-P-10 Text added '(except ED-P-14 (i) which is a statutory requirement)' ED-P-14 Compliance with Article 6 added to statement: 'and complies with Article 6 of the Habitats Directive'. Transportation ED-P-14 New Policy Added: T-P-36 Paragraph (n) amended to read: 'it does not compromise water quality nor conflict with the objectives and programme of measures contained within the relevant River Basin Management Plan'. 'It is a policy of the Council that all developments relating to transportation will comply with Article 6 of the Habitats Directive in relation to protection of Natura 2000 sites and the integrity of the Natura network.' Water and Environmental WES-O-5 Text added to objective: 'and to protect Natura 2000 sites in accordance with Article 12

19 Services 6 of the Habitats Directive'. WES-O-6 Text added to first bullet of objective: 'Freshwater Pearl Mussel Sub-basin Management Plans, Shellfish Pollution Reduction Programmes', WES-O-6 Text added to second bullet of objective: 'against soil contamination and loss'. WES-O-6 Text added to third bullet of objective: 'and light pollution'. WES-O-11 Text added to objective: 'while ensuring compliance with Article 6 of the Habitats Directive'. WES-P-3 WES-P-11 Text added to policy: 'and to manage development so that it is permitted only where adequate wastewater treatment capacity exists, or will become available, within the life of a planning permission'. Minor text addition to specify EPA Code of Practice. Telecommunications TC-O-1 Text added: 'and compliance with Article 6 of the Habitats Directive'. Urban Housing UB-P-14 Text added: 'including compliance with Article 6 of the Habitats Directive'. Rural Housing UB-P-15 RH-O-6 Text added: 'including compliance with Article 6 of the Habitats Directive'. Bullet 3 text amended to read: 'the relevant River Basin Management Plan'. Natural and Built Heritage RH-P Background - Appropriate Assessment NH-O-6 Text amended to read: 'the relevant River Basin Management Plan'. Text amended to confirm that AA is required where there is potential for impact on Natura sites. 'Therefore any plan or project with the potential to impact on the conservation objectives of designated sites is required to take appropriate steps to avoid the deterioration of natural habitats and the habitats species as well as significant disturbance of species for which areas have been designated and is subject to Appropriate Assessment. Minor text change to 'Shellfish Pollution Reduction Programme'. 13

20 Extractive Industry EX-P-2 Policy amended to read: 'proposals will not normally be permitted where they could adversely impact upon any Natura 2000 site' Wind Energy E-P-18 Text amended to include hydrology assessment: 'impacts on archaeological monuments, hydrology and watercourses'. New Policy Added: E-P-20 'It is the policy of the Council that all proposals for renewable energy development will have regard to the cumulative effect of the development on the environment when considered in conjunction with other existing and permitted developments in the area.' Tourism New Policy Added: E-P-21 T-P-1 'It is the policy of the Council that all applications for renewable energy projects will ensure that details of the proposed grid connection and all associated infrastructure are considered in the Environmental Impact Statement (EIS) and Natura Impact Statement as may be required.' Text amended from 'environmental habitats' to 'environmental heritage'. Marine Resource and Coastal Management Community, Culture and the Gaeltacht Letterkenny Economic Development T-P-20 MRCM-O-2 CCG-P-4 LK-ED-P-1 Text of paragraph (o) amended to read: 'The development will not compromise the objectives of the relevant River Basin Management Plan prepared in accordance with the Water Framework Directive'. Text of first bullet amended to read: 'Protecting the ecological integrity, qualifying habitats and species of Natura 2000 sites through Appropriate Assessment of development proposals'. Text in Paragraph (k) amended to read: 'It does not compromise the objectives of the relevant River Basin Management Plan prepared in accordance with the Water Framework Directive'. Text of policy amended to include: 'and comply with Article 6 of the Habitats Directive'. Letterkenny Opportunity Sites LK-ED-P-5 LK-OPP-P-4 Text of policy amended to reflect riverside location and possible proximity of developments to SPA by addition of: 'and comply with Article 6 of the Habitats Directive'. Text in policy amended to read: 'Subject to the environmental and amenity considerations related to the above, including compliance with Article 6 of the Habitats Directive'. LK-OPP-P-5 Text in paragraph (c) amended by addition of: 'and complies with Article 6 of the Habitats Directive'. 14

21 Buncrana Economic Development Buncrana Housing BC-ED-P-8 BC-H-P-1 Text in policy amended by addition of: 'and must comply with Article 6 of the Habitats Directive'. Text amended by addition of: 'and must comply with the requirements of Article 6 of the Habitats Directive'. Buncrana Natural Heritage Bundoran Housing BC-H-P Natural and Built Heritage paragraph 2 BD-H-P-1 Text amended by addition of: 'and must comply with the requirements of Article 6 of the Habitats Directive'. Text amended to include SPAs: 'The area of the Bundoran and Environs consists of many resources in terms of the natural and built heritage, in the form of special designations (SPAs, SACs, NHAs),'. Text of policy amended by addition of: 'and must comply with the requirements of Article 6 of the Habitats Directive'. Bundoran Natural Heritage BD-H-P-3 BD-SO-BH-1 Text of policy amended by addition of: 'including compliance with the requirements of Article 6 of the Habitats Directive'. Text of the policy is amended by addition of: 'and shall have regard to policy NH-P-1 of this Plan'. Bundoran Tourism BD-TO-P-1 Text of the policy is amended by addition of: 'in particular policy NH-P-1 of this Plan'. Bundoran Marine Resource and Coastal Management Bundoran School Facilities 14.8 Marine Resource and Coastal Management - Background BDSCC-P-2 Text added to highlight that foreshore works have potential to impact on the Donegal Bay SPA and are subject to AA: 'Works affecting the Coastal Management Zone will be required to obtain a Foreshore License, and will require screening for Appropriate Assessment to determine if they have potential to adversely impact on the conservation status of the Donegal Bay SPA, and the Local Authority shall be notified of any proposed works in this area'. Policy amended by addition of text: 'subject to compliance with the requirements of Article 6 of the Habitats Directive'. 15

22 Further Appropriate Assessments were carried in tandem with (i) the publication of the Material Alterations and (ii) the Environmental Assessment of Part B:Appendix 3; Development Guidelines and technical Standards; Section 6.5. Based on the Natura Impact Report(s) with reference to the scope of the Plan, Donegal County Council has determined that no direct, indirect or cumulative significant effects on Natura 2000 sites were likely. 2.6 Environmental Pressures and Vulnerabilities Environmental considerations were integrated into the Draft Plan before it was placed on public display for the first time. The environmental vulnerabilities and pressures were identified subsequent to the consideration of the current state of the environment, identified through existing data and including associated spatial digital data. The spatial data was compiled and mapped identifying both the locations and extent of specific areas in the County that are most sensitive to development and would be most likely to suffer adverse effects if growth was to be accommodated in those areas without mitigation, Figures below refer. A range of potential alternative scenarios for the types of planning strategies adopted for the Development Plan were identified in the SEA process and evaluated for their likely significant environmental effects (see Section 3). The environmental sensitivities and overlay mapping shown on Figures were used in order to predict and evaluate the environmental effects of implementing the scenarios. Communication of the findings of this evaluation helped the Plan-making team to make an informed choice as to which alternative was to be put before the Elected Members as the proposed Plan. Mitigation measures which arose from the evaluation and which were integrated into the Plan are detailed under Section 4 of this report. Figure 2.1: Vulnerability Mapping in County Donegal 16

23 Figure 2.2: Location of Natural Heritage Areas and Proposed Natural Heritage Areas (Source: Figure 5.1 Environmental Report, Part D CDP ) Figure 2.3: Location of Natural Heritage Areas and Proposed Natural Heritage Areas (Source: Figure 5.2 Environmental Report, Part D CDP ) 17

24 Figure 2.4: Illustrating Freshwater Pearl Mussel catchments and sites and Designated Shellfish Waters in County Donegal (Source: Figure 5.3 Environmental Report, Part D CDP ) Figure 2.5: Ramsar Sites and Statutory Nature Reserves in County Donegal (Source: Figure 5.4 Environmental Report, Part D CDP ) 18

25 Figure 2.6: Geology of the County (Source: Figure 5.6 Environmental Report, Part D CDP ) Figure 2.7: Distribution of Land Cover Within the County (Source: Figure 5.7 Environmental Report, Part D CDP ) 19

26 Figure 2.8: Biological classification of rivers in the NWIRBD (Source: Integrated Water Quality Assessment 2013, & Neagh North Western Bann River Basin (2013), Map 11, pg. 37) Figure 2.9: Biological status of lakes in the NWIRBD (Source: Integrated Water Quality Assessment 2013, & Neagh North Western Bann River Basin (2013), Map 14, pg. 47) 20

27 Figure 2.10: Average ortho-phosphate in NWIRBD Rivers in 2013 (Source: Integrated Water Quality Assessment 2013, & Neagh North Western Bann River Basin (2013), Map 1, pg. 5) Figure 2.11: Average total phosphorus in NWIRBD Lakes in 2013 (Source: Integrated Water Quality Assessment 2013, & Neagh North Western Bann River Basin (2013), Map 3, pg.15) 21

28 Figure 2.12: Number of Unsewered Properties in the County (Source: Figure 5.10 Environmental Report, Part D CDP ) Figure 2.13: Bathing Water Quality in the County (Source: Figure 5.11 Environmental Report, Part D CDP ) 22

29 Figure 2.14: Scenic Amenity Map extract From Part B of Draft County Development Plan (Source: Map 7.1.1: Chapter 7, PArt B CDP ) 2.7 Flood Risk At a strategic level the plan considers that the Draft Flood Risk Management Plans for UoM 1,35 and 36 and the associated Flood Hazard Mapping collectively constitute a significant resource in terms of the future management of development in Donegal vis-á-vis flood risk. In this regard this plan has utilised said Flood Risk Management Plans and Flood Hazard Mapping as a strategic framework to inform zoning designations to guide the location of new development and infrastructure. In addition, the Council has completed a Stage 1 Strategic Flood Risk Assessment (SFRA) for the 62 towns and villages that comprise the Settlement Structure of the Core Strategy, and arising from this work, a Stage 2 SFRA shall be undertaken in ten settlements as part of a Local Area Plan process namely Letterkenny, Buncrana, Bundoran, An Clochán Liath, Ballybofey-Stranorlar, Ballyshannon, Bridgend, Carndonagh, Donegal Town and Killybegs. The plan adopts a policy framework for managing flood risk based on; assessing new development proposals in accordance with the sequential and precautionary approaches identified in the abovementioned Flood Risk Management Guidelines, and requiring, as appropriate, the submission of Flood Risk Assessments and justification tests as detailed in said guidelines. The plan also recognises that there may be other flood risk locations not identified in the CFRAM Flood Hazard mapping nor identified as requiring a Stage 2 Flood Risk Assessment and provides for the utilisation of other available datasets in the management of flood risk in such circumstances. (e.g. The Historic flood maps available on the OPW s Coastal Protection Strategy Study Mapping). 23

30 Likely Environmental Effects of Flood Related Policies and Objectives of the Plan: Overall it is considered that the flood related policies and objectives within the plan will reduce the adverse consequences of flooding on human health, the environment and heritage by: Implementing the precautionary principle and sequential approach detailed in the publication The Planning System and Flood Risk Management - Guidelines for Planning Authorities (DoEHLG 2009 including; avoiding development in flood risk areas, substituting less vulnerable for more vulnerable developments, justifying new development at strategic locations where avoidance and substitution are not possible and mitigating the impact of flooding through the design and layout of new developments. Basing zoning designations and future decision making for new development and infrastructure on evidence based assessments in the form of a Stage 1 Flood Risk Assessment (and where appropriate, a Stage 2 Assessment as part of the ongoing local area plan process), the flood risk hazard mapping prepared as part of the CFRAMS study and other appropriate flooding datasets. On consideration of the baseline evidence as summarised above, environmental pressures within the county were identified in the context of each topic of environmental consideration and table 2.4 below presents such environmental issues and pressures, however this is not exhaustive. Table 2.4: Topic Summary of Main Environmental Pressures within the County Environmental Issue/Pressures Biodiversity, Fauna and Flora Population and Human Health Soil Water Air and Noise Coast/Marine resource Certain developments and activities associated with agricultural activities, forestry, urban developments, windfarms, quarries, tourism, peat extraction, commercial fishing, ports and airports and a wide range of infrastructural works (including road works, water abstraction, wastewater disposal) that are located within or close to ecologically sensitive sites can give rise to significant environmental pressures. The protection of shellfish growing areas, freshwater pearl mussel and salmon have been highlighted as of particular importance. There are a relatively high number of Natura 2000 sites (SACs and SPAs) and Natural Heritage Sites located within the County. These sites are particularly sensitive to certain development works and activities. Invasive non-native plant and animal species are a major threat to the biodiversity of the region. Increases in population, their activities and settlement patterns have the potential to place increased pressure on biodiversity, water quality, landscape, cultural heritage and air. In particular, increased pressure on water quality arising from pollution can have a significant impact on human health. Individual and cumulative changes in the quality of the natural and built environment at local, regional and national level has the potential to impact to varying degrees on human health and wellbeing. High levels of radon in buildings and road safety have also been highlighted as significant issues. Certain forms of development and activities including, urban and rural development, windfarms, waste disposal, afforestation, recreation and agricultural activities can place a significant pressure in soils. Changes in precipitation arising from global warming could have significant impacts on slope stability and could impact on soil and water quality. Development and activities can often impact on water quality including groundwater, drinking water and bathing water. Urban and rural development including wastewater and surface water disposal, landfills, quarries, contaminated lands, illegal dumping, agricultural activity, water recreational activities and afforestation can have significant impacts on water quality. Excessive inputs of nutrients, namely phosphorous and nitrogen present one of the most significant risks to water quality. Currently no significant impacts have been identified in respect to air quality or noise levels. Impacts arising from air pollution are primarily associated with transport and industrial emissions. Inappropriate development near /onthe coast 24