1.5 - Strategic Environmental Assessment (SEA) /Appropriate Assessment (AA)/Strategic Flood Risk Assessment (SFRA)
1.5.1 Strategic Environmental Assessment (SEA)
The preparation of the Dublin City Development Plan 2022-2028 is required to undergo Strategic Environmental Assessment (SEA) in accordance with Directive 2001/42/EC and associated implementing national legislation [1] on the Assessment of the Effects of Certain Plans and Programmes on the Environment.
SEA is a process for evaluating, at the earliest appropriate stage, the environmental quality and consequences of Plans or Programmes. The purpose is to ensure that the environmental consequences of Plans or Programmes are assessed both during their preparation and prior to their adoption. The SEA process is integrated into the preparation of the draft plan and the SEA Environmental Report.
As part of the SEA process, the statutory environmental authorities were informed and consulted through SEA Scoping in relation to the making of the draft plan and the associated SEA. Submissions provided by the environmental authorities have influenced the making of the draft plan and have been incorporated into the Environmental Report and the SEA Statement, which are contained in Volume 5 of the Plan.
The Environmental Report sets out policy and guidance in relation to SEA; the findings of consultations; describes the baseline environment; sets environmental objectives; assesses the environmental impact of the plan and proposes appropriate mitigation of potential negative aspects, where required.
The SEA Statement summarises how environmental considerations have been integrated into the Plan; how the environmental report and consultation comments on it have been taken into account; the reasons for choosing the Plan as adopted, in light of the other reasonable alternatives dealt with; and the measures decided concerning monitoring.
The SEA process is supported by a Strategic Flood Risk Assessment (SFRA). The SFRA provides a strategic assessment of flood risk at a city level, informing land-use planning decisions in the development plan.
[1] Planning and Development (Strategic Environmental Assessment) Regulations 2004 (S.I. No. 436 of 2004), as amended by the Planning and Development (Strategic Environmental Assessment) (Amendment) Regulations 2011, (S.I. No. 201 of 2011).
1.5.2 Appropriate Assessment (AA)
In accordance with the requirements under the EU Habitats Directive (92/43/EEC), the EU Birds Directive (2009/147/EC) and Section 177 of the Planning and Development (Amendment) Act 2010, an Appropriate Assessment of the Dublin City Development Plan 2022-2028 has been carried out to determine whether the plan could have significant effects on European sites, either individually or in combination with other plans or projects.
The Appropriate Assessment of the plan furthermore assesses whether any such significant effects would adversely affect the integrity of any European sites, in view of the conservation objectives supporting the favourable conservation condition of the Qualifying Interest habitats and species of European sites. In reaching a conclusion in this regard, consideration is given to any mitigation measures necessary to avoid or reduce any potential negative impacts.
An early iteration of the pre-draft plan (comprising an issues paper, Chief Executive's Report on pre-draft Public Consultation Strategic Issues Paper and Minutes of Special Council Meeting on Pre-Draft Development Plan) was subject to Screening for Appropriate Assessment.
The purpose of this process is to determine whether or not a plan requires Appropriate Assessment of the likely significant effects on a European site (Natura 2000 network of European sites of conservation importance). Where it cannot be ruled out beyond scientific doubt, and on a precautionary basis avoiding reliance of mitigation policies or measures, that the plan is likely to have potential for significant effects on a range of European site(s), it is deemed that the plan will require an Appropriate Assessment.
The Appropriate Assessment of the plan and its proposed policies and objectives has been informed by a Natura Impact Report (NIR) that is included with the plan documentation (Volume 6 of the plan). It has been objectively concluded in the NIR, following an examination, analysis and evaluation of the relevant information, including in particular the nature of the predicted impacts associated with the plan that it will not adversely affect the integrity of any European site, either alone or in combination with other plans or projects.
Following on from the release of the plan and its accompanying environmental reports, it is noted that amendments or material changes that have arisen from the earlier stages of the plan process have themselves been subject to Appropriate Assessment and incorporated into the plan so that the assessment was concluded (through the formal determination of the Competent Authority e.g. the elected members and its statutory adoption thereafter of the Dublin City Development Plan 2022 – 2028).
The following will apply to all plans:
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To ensure that plans, including land use plans, will only be adopted, if they either individually or in combination with existing and/or proposed plans or projects, will not have a significant effect on a European Site, or where such a plan is likely or might have such a significant effect (either alone or in combination), the planning authority will, as required by law, carry out an appropriate assessment as per requirements of Article 6(3) of the Habitats Directive 92/43/EEC of the 21 May 1992 on the conservation of natural habitats and of wild fauna and flora, as transposed into Irish legislation. Only after having ascertained that the plan will not adversely affect the integrity of any European site, will the planning authority adopt the plan, incorporating any necessary mitigation measures. A plan which could adversely affect the integrity of a European site may only be adopted in exceptional circumstances, as provided for in Article 6(4) of the Habitats Directive as transposed into Irish legislation. Plans will also be subject to screening for the requirement for environmental assessment, and to environmental assessment if required, in accordance with the provisions of Directive 2001/42/EC on the assessment of the effects of certain plans and programmes on the environment (the SEA Directive) as transposed into national legislation. |
The following will apply to all development proposals:
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To ensure that planning permission will only be granted for a development proposal that, either individually or in combination with existing and/or proposed plans or projects, will not have a significant effect on a European site(s), or where such a development proposal is likely or might have such a significant effect (either alone or in combination), the planning authority will, as required by law, carry out an appropriate assessment as per requirements of Article 6(3) of the Habitats Directive 92/43/EEC of the 21 May 1992 on the conservation of natural habitats and of wild fauna and flora, as transposed into Irish legislation. Only after having ascertained that the development proposal will not adversely affect the integrity of any European site, will the planning authority agree to the development and impose appropriate mitigation measures in the form of planning conditions. A development proposal which could adversely affect the integrity of a European site may only be permitted in exceptional circumstances, as provided for in Article 6(4) of the Habitats Directive as transposed into Irish legislation. Development proposals will also be subject to screening for the requirement for environmental impact assessment, and to environmental impact assessment if required, in accordance with the provisions of Directive 2011/52/EU on the assessment of the effects of certain public and private projects on the environment as amended by Directive 2014/52/EU (the EIA Directive) as transposed into national legislation. |
1.5.3 Strategic Flood Risk Assessment (SFRA)
The development plan also contains a Strategic Flood Risk Assessment (SFRA). A SFRA is an area wide assessment of the existing risks of flooding and the impact of those risks arising from spatial planning policies. The SFRA, including flood zone maps has been carried out in accordance with the Planning System and Flood Risk Management – Guidelines for Planning Authorities (2009) and is contained in Volume 7 of the Plan.