Planning & Development (Strategic Environmental Assessment) Regulations 2004 S.I. No. 436 of 2004

Determination for Strategic Environmental Assessment for Variation No. 2of the BallinaTownand Environs Development Plan 2009 – 2015.

Strategic Environmental Assessment (SEA) is the formal, systematic evaluation of the likely significant environmental effects of implementing a plan /programme before a decision is made to adopt the plan/programme; the procedures for which are set out in the Planning and Development (SEA) Regulations 2004 S.I. No. 436 of 2004 as amended by the Planning and Development (Strategic Environmental Assessment) Regulations 2011 S.I. No. 201 of 2011.

The preparation of a full SEA is not mandatory for a Variation of a Development Plan. Nonetheless, in accordance with the above SEA regulations, the Planning Authority must determine whether or not the implementation of such a variation to the plan would be likely to have significant effects on the environment and hence required a SEA.

In making this determination, the planning authority is required to consult with the prescribed Environmental Authorities:

  • The Environmental Protection Agency (EPA);
  • The Department of the Arts, Heritage and the Gaeltacht (DAHG);
  • The Department of Communications, Energy and Natural Resources (DCENR);
  • The Department of Agriculture, Food and the Marine (DAFM).

Thistakes account of the relevant criteria set out in Schedule 2A of the SEA Regulations 2004; in what is called a ‘screening process’. A ‘Screening Report’ outlining relevant considerations for the proposed Variation No. 2 of the Plan was prepared and issued to the prescribed authorities for their consideration.

One submission was received on the screening report from the Environmental Protection Agency (EPA) on 5th of March 2014. The following issues were highlighted in the submission:

EPA Summary of Submission:

In proposing the Variation, and any related amendments, variations etc. of the Plan and in implementing the Variation, adequate and appropriate infrastructure should be in place, or required to be put in place, to service any development proposed and authorised during the lifetime of the particular Plan.

Regards should be had to the requirement of Article 6 of the Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora.

Reference is made to the obligations with respect to National Plans and Policies and the EU Environmental Legislation.

Consultation with the NPWS with regard to screening of the Variation for Appropriate Assessment is suggested.

Regard will be had to updated SEA Regulations and Circulars in particular S.I. No. 200 of 2011, S.I. No. 201 of 2011 and DoECLG Circular (PSSP 6/2011) and to the European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011).

Response: Noted and accepted. The proposed variation and SEA Screening has regard to all relevant regulations, circulars and National Plans and Policies relevant to the process. The NPWS has been consulted regarding screening for Appropriate Assessment.

Having complied with the requirements as set out in the Planning & Development (Strategic Environmental Assessment) Regulations 2004 (as amended), Ballina Town Council have determined that the Proposed Variation no. 2 to the Ballina Town & Environs Development Plan 2009-2015 will not require an environmental report for the following reasons:

  1. The proposed variation consists of minor amendments of certain existing policies relating to Neighbourhood Shopping Areas, Architectural Conservation Areas, Signage, Plot Ratio and The Salmon Life Centre and indicating an indicative thru road and Salmon Quarter in the town. The proposed amendments to land use zoning arising from the proposed variation are located in areas that have no significant planning or environmental constraints.
  2. Proposed Variation No. 2 of the Ballina Town & Environs Development Plan 2009-2015 is compliant with national and regional policy and planning guidelines.
  3. A Habitats Directive Assessment for Appropriate Assessment as required under Article 6 of the Habitats Directive has been carried out and concluded that there will be no significant impact on the Natura 2000 network as a result of the variation of the plan and that it was not necessary to proceed to Stage 2 (Natura Impact Report) Appropriate Assessment.

Any amendments to proposed Variation No 2 of the Ballina Town & Environs Development Plan 2009 – 2015 arising from the variation process will be screened for the need for an environmental assessment.