Approximately 10% of the land area of Ireland is included in the European Network of Natura 2000 sites, which includes Special Protection Areas (SPAs) to protect threatened bird species, and Special Areas of Conservation (SACs) to protect threatened habitats, plants and animals. Legislative protection for these sites is provided by the European Birds Directive (2009/147/EC) and Habitats Directive (92/43/EEC), which have been transposed into national legislation.
In accordance with the Planning and Development Act 2000 (as amended), all Irish planning authorities must consider the potential impacts of any plan or project on the Natura 2000 network. This process is known as Appropriate Assessment, and involves up to four stages of assessment, as summarised below. It is carried out by the planning authority, but supporting information may be requested from the applicant to assist with the process.
Stage 1: Screening for Appropriate Assessment
This is a simple screening exercise to determine whether the “plan or project, individually or in combination with other plans or projects is likely to have a significant effect on [a Natura 2000] site”. In line with the precautionary approach, this assessment should consider impacts in a worst-case scenario and without reference to any mitigation measures. Supporting information may be requested from the applicant in the form of a Screening for Appropriate Assessment report.
Stage 2: Appropriate Assessment
If impacts cannot be confidently ruled out at the screening stage, the assessment proceeds to Stage 2, which involves a detailed impact assessment. Mitigation measures will usually be required to avoid or reduce negative impacts on Natura 2000 sites. Supporting information is usually requested from the applicant in the form of a Natura Impact Statement (Republic of Ireland) or Habitats Directive Assessment (Northern Ireland).
Stages 3 & 4
If significant impacts on Natura 2000 sites cannot be ruled out at Stage 2, the plan or project will usually be refused permission. However, there is provision in the legislation for certain developments to proceed if it can be shown that there are no other viable alternatives (Stage 3) and that there are “imperative reasons of over-riding public interest” for the development to proceed (Stage 4). In these cases, the applicant will need to provide extensive information to support their case, and will usually be expected to compensate for negative impacts by improving other parts of the Natura 2000 site.
If you need a Screening for Appropriate Assessment report or a Natura Impact Statement / Habitats Directive Assessment, please select the relevant link, or contact us for a quote.