HABITATS DIRECTIVE ASSESSMENT
Finding of No Significant Effects Report
VARIATION NO. 4 TO THE KERRY COUNTY DEVELOPMENT PLAN 2009-2015
Proposed Variation Number 4 to the Kerry County Development Plan 2009-2015
HDA - Finding of No Significant Effects Report
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. A finding of no
significant effects report is the output document where the project / plan is not considered to
be likely to have significant adverse effects on Natura 2000 sites.
A (4th) variation is proposed for the Kerry County Development Plan 2009-2015. This
variation seeks to rezone a 7.85 Hectare plot of land at Killeacle Td, Commons North,
Ardfert, Co Kerry from ‘Rural General’ to ‘Active Open Space’. This Habitats Directive
Screening report assesses the potential impact of this proposed variation to the Kerry County
Development Plan 2009-2015 on Natura 2000 sites.
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.
Name of Project or Plan
For the purposes of this report the ‘plan’ should be taken be ‘Variation Number 4 to the Kerry
County Development Plan 2009-2015’ document.
Above: Site located less than 1Km to the north of Ardfert
3.
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Name and Location of Natura 2000 sites
SAC 000332 - Akeragh, Banna & Barrow Harbour
SAC 002070 - Tralee Bay & Magharees Peninsula, West to Cloghane
SAC 002112 - Ballyseedy Wood
SAC 002165 - Lower River Shannon
SAC 002185 - Slieve Mish Mountains
Proposed Variation Number 4 to the Kerry County Development Plan 2009-2015
HDA - Finding of No Significant Effects Report
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SAC 002261 - Magharee Islands
SAC 002263 - Kerry Head Shoal
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Eagle
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SPA 004018 - Tralee Bay
SPA 004077 - River Shannon & River Fergus Estuaries
SPA 004079 - Akeragh, Banna & Barrow Harbour
SPA 004125 - Magharee Islands
SPA 004161 - Stack's to Mullagherisk Mountains, West Limerick Hills & Mount
SPA 004189 - Kerry Head
Figure 3.1 shows the SACs / cSACs which are located within the immediate vicinity of the
plan area while Figure 3.2 shows the SPAs / pSPAs located within the immediate vicinity of
the plan area. Figure 3.3 shows the location of Natura 2000 sites which are located in the
vicinity of the South West Region. It is important to note that these maps are based on the
information available at the time of the preparation of this report and that this information is
subject to change. Up to date information, data and maps of Irish Natura 2000 sites, including
those identified above are available from the Maps and Data Section on the NPWS website at
http://www.npws.ie/en/MapsData
Proposed Variation Number 4 to the Kerry County Development Plan 2009-2015
HDA - Finding of No Significant Effects Report
Figure 3.1 Akeragh, Banna and Barrow Harbour SAC (Site Code 000332) located approx 2.5Km to the west of proposed plan
Proposed Variation Number 4 to the Kerry County Development Plan 2009-2015
HDA - Finding of No Significant Effects Report
Figure 3.2
Akeragh, Banna and Barrow Harbour SPA (Site Code 004079) located approx 2.5Km to the west of proposed plan
Proposed Variation Number 4 to the Kerry County Development Plan 2009-2015
HDA - Finding of No Significant Effects Report
Figure 3.3
Location of Natura 2000 sites in the vicinity of the South West Region
Proposed Variation Number 4 to the Kerry County Development Plan 2009-2015
HDA - Finding of No Significant Effects Report
4. Description of the Project or Plan
This (the proposed 4th) variation to the Kerry County Development Plan 2009-2015 seeks to
rezone a 7.85 Hectare plot of land at Killeacle Td, Commons North, Ardfert, Co Kerry from
‘Rural General’ to ‘Active Open Space’.
Rural General is outlined in S3.7.7 of the Kerry County Development Plan 2009-2015 as follows:
‘These areas constitute the least sensitive landscapes throughout the County. General landscapes
have the ability to absorb a moderate amount of development without significantly altering their
character. Residential development in these areas shall be regulated in accordance with the
provisions of Section 3.6.1 to 3.10-.5 and table 3.7.11.’
It is proposed as part of the variation that Active Open Space will be added as a zoning
designation under S12.2.5 and S12.2.10 of the Kerry County Development Plan 2009-2015 to
read as follows:
Active Open Space
This zoning is intended solely for the provision of recreational uses. Active uses include the
provision of playing pitches, tennis courts etc. Unrelated uses, such as shops and houses will not
be permitted. The development of recreational buildings and carparks necessary for the use of the
amenity will be considered. These uses, however, shall not detract from the primary use as active
open space.
As part of the variation, map 12.1(b) of the Kerry County Development Plan 2009-2015 will also
be amended to reflect the rezoning from Rural General to Active Open Space.
5. Is this project or plan directly connected with or necessary to the management of the
sites? (Provide details)
The County Development Plan document is a land use plan and therefore is 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)
No
7. Describe how the project or plan (alone or in combination) is likely to affect Natura
2000 sites.
Having regard to the location, nature and scale of the proposed rezoning, it is considered that
there is no potential for significant effects either from the proposed development on its own or in
combination with other plans and projects.
8. Explain why these Effects are Not Considered Significant.
The effects of the plan are not considered to be significant as they are intended to positively steer
recreational type development towards these lands. It is considered that such a use, at this
location is unlikely to have a significant effect on a Natura 2000 site.
9. List of Agencies consulted
A wide range of statutory and non statutory consultation bodies, including the environmental
authorities are to be consulted with in relation to the proposed variation and this accompanying
report.
Proposed Variation Number 4 to the Kerry County Development Plan 2009-2015
HDA - Finding of No Significant Effects Report
10. Response to Consultation
Responses received to the consultation processes will be taken into consideration prior to the
preparation of the Managers Report on the submissions / observations to the proposed variation.
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
• 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
12. 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
this study 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. Ground truthing / site inspections were also carried out, as was a
review of Habitats Directive Assessments recently carried out in relation to plans /projects in the
area – namely those of the Kerry County Development Plans 2009-2015 and of the Draft River
Basin Management Plan for the Shannon RBD.
14. Level of Assessment completed
Stage One Screening
15. Where the full results of the Assessment can be accessed and viewed?
The full results of the assessment are contained within this document. The Appropriate
Assessment Screening report prepared for the Kerry County Development Plan contains the
results of that assessment.
16. Overall Recommendations and Conclusions
Having regard to the location, nature and scale of the proposed plan, it is considered that there is
no potential for significant effects either from the proposed plan on its own or in combination
with other plans and projects, and therefore that an Appropriate Assessment / Natura Impact
Statement is not required in this instance.
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:• DEHLG (2009) Appropriate Assessment of Plans and Projects in Ireland – Guidance for
Planning Authorities.
• European Commissions: Managing Natura 2000 Sites. The provisions of Article 6, of the
‘Habitats’ Directive 92/43/EEC
Proposed Variation Number 4 to the Kerry County Development Plan 2009-2015
HDA - Finding of No Significant Effects Report
• 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
• 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, 2008.
• Department of the Environment (1994). Planning and Policy Guidance: Nature Conservation
(PPG9) (HMSO).
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.
This report concludes that it can be objectively concluded that there are not likely to be
significant effects on Natura 2000 sites resulting from the proposed 4th Variation to the Kerry
County Development Plan 2009-2015 and accordingly it is considered that there is no need to
prepare a Natura Impact Statement / Appropriate Assessment, in this instance.
Proposed Variation Number 4 to the Kerry County Development Plan 2009-2015
HDA - Finding of No Significant Effects Report