Screening for Appropriate Assessment · 2018. 11. 9. · 18150-6010-C Screening for Appropriate...

Screening for Appropriate Assessment

Newport Town Park,

Co. Tipperary

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18150-6010-C Screening for Appropriate Assessment September 2018

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ISSUE FORM

Project number 18150

Document number 6010

Document revision C

Document title Screening of Appropriate Assessment: Newport Town Park

Document status Issued for Client

Document prepared by Gerard Hayes (Senior Ecologist, B.Sc. Ed., MCIEEM)

Document checked by Hazel Dalton (Senior Ecologist, B.Sc. Wildlife Biology)


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Table of contents

SUMMARY OF FINDINGS................................................................................................... 4

1 INTRODUCTION ......................................................................................................... 5

1.1 Purpose of Assessment ..................................................................................................... 5

1.2 Legislative context ............................................................................................................ 5

1.3 Stages of Appropriate Assessment..................................................................................... 5

2 ASSESSMENT METHODOLOGY ................................................................................... 5

2.1 Appropriate Assesment Guidance ..................................................................................... 5

2.2 Desk Study ........................................................................................................................ 5

2.3 Screening for Appropriate Assessment .............................................................................. 6

3 SCREENING FOR APPROPRIATE ASSESSMENT ............................................................. 6

3.1 Management of Natura 2000 sites ..................................................................................... 6

3.2 Description of Project ....................................................................................................... 6

3.2.1 Brief Project Description ....................................................................................................................... 6

3.2.2 Purpose of the Project .......................................................................................................................... 7

3.2.3 Site Location and Context ..................................................................................................................... 7

3.2.4 Description of the Site ........................................................................................................................... 8

3.2.5 Characteristics of the Project ................................................................................................................ 9

3.3 Identification of Other Projects, Plans and Activities ........................................................ 11

3.4 Identification of Natura 2000 Sites .................................................................................. 11

3.4.1 Zone of Impact Influence .................................................................................................................... 11

3.4.2 Identification of Natura 2000 Sites ..................................................................................................... 11

3.4.3 Characteristics of Natura 2000 sites within 15km .............................................................................. 13

3.4.4 Conservation Objectives ..................................................................................................................... 14

3.5 Identification of Potential Impacts ................................................................................... 15

3.6 Assessment of Significance of Potential Impacts .............................................................. 16

3.6.1 Habitat Loss and Alteration ................................................................................................................. 17

3.6.2 Water Quality ...................................................................................................................................... 17

3.6.3 Disturbance and/or Displacement of Species ..................................................................................... 17

3.6.4 Habitat or Species Fragmentation....................................................................................................... 17

3.6.5 Cumulative/In-combination Impacts .................................................................................................. 18

3.7 Conclusion of Screening Stage ......................................................................................... 18

4 REFERENCES ............................................................................................................ 20


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Table of tables Table 1: Designated conservation sites within 15km radius of proposed development site ............... 11

Table 2: Designated site with qualifying features / conservation interests listed ................................ 13

Table of figures

Figure 1: Site location in Newport Town ................................................................................................ 8

Figure 2: Designated Natura 2000 sites within 15km of the proposed development site ................... 12

List of appendices

Appendix 1 Stages of Appropriate Assessment


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SUMMARY OF FINDINGS

Project Title Newport Town Park

Project Proponent Tipperary County Council

Project Location Newport, County Tipperary

Screening for

Appropriate

Assessment

The Screening for Appropriate Assessment is undertaken to determine

the potential for likely significant effects of a project, individually, or in

combination with other plans or projects, in view of the conservation

objectives of the site on a Natura 2000 Site.

Conclusion It has been concluded with regard to the proposal to develop a town park

Town Park, incorporating a playground, at Newport, Co. Tipperary, that

significant effects cannot be ruled out at this stage, on the following

Natura 2000 site:

Lower River Shannon SAC (002165)


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1 INTRODUCTION

1.1 PURPOSE OF ASSESSMENT

This Screening for Appropriate Assessment has been undertaken to determine the potential for

significant impacts on a proposal to develop a Town Park, incorporating a playground, at Newport,

Co. Tipperary, on nearby sites with European conservation designations (i.e. Natura 2000 Sites).

This Screening for Appropriate Assessment has been undertaken by Malachy Walsh and Partners

ecologists.

1.2 LEGISLATIVE CONTEXT

The Habitats Directive (92/43/EEC) seeks to conserve natural habitats and of wild fauna and flora by

the designation of Special Areas of Conservation (SACs) and the Birds Directive (79/409/EEC) seeks

to protect birds of special importance by the designation of Special Protected Areas (SPAs). It is the

responsibility of each member state to designate SPAs and SACs, both of which will form part of

Natura 2000, a network of protected sites throughout the European Community. The Habitats

Directive has been transposed into Irish law and the relevant Regulations are the European

Communities (Birds and Natural Habitats) Regulations 2011. The requirement for Appropriate

Assessment of the implications of plans and projects on the Natura 2000 network of sites comes

from the Habitats Directive (Article 6(3)). Under the Planning and Development Act 2000 (amended)

(Section 177U) a Local Authority is required to carry out a Screening for Appropriate Assessment of a

proposed development prior to issuing consent. This information presented in this Screening for

Appropriate Assessment will be used by the competent authority (in this case Tipperary County

Council) to complete their screening exercise.

1.3 STAGES OF APPROPRIATE ASSESSMENT

The Appropriate Assessment process is a four-stage process with issues and tests at each stage. An

important aspect of the process is that the outcome at each successive stage determines whether a

further stage in the process is required. The stages are set out in Appendix 1.

2 ASSESSMENT METHODOLOGY

2.1 APPROPRIATE ASSESMENT GUIDANCE

This Screening for Appropriate Assessment, or Stage 1, has been undertaken in accordance with the

European Commission Methodological Guidance on the provision of Article 6(3) and 6(4) of the

‘Habitats’ Directive 92/43/EEC (EC, 2001) and the European Commission Guidance ‘Managing Natura

2000 sites’ (EC, 2000) and guidance prepared by the NPWS (DoEHLG, 2009).

2.2 DESK STUDY

In order to complete the Natura Impact Statement certain information on the existing environment

is required. A desk study was carried out to collate available information on the site’s natural

environment. This comprised a review of the following publications, data and datasets:

OSI Aerial photography and 1:50000 mapping, and other mapping sources (online)

National Parks and Wildlife Service (NPWS) (online)

National Biodiversity Data Centre (NBDC) (online)


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Geological Survey Ireland (GSI) area maps (online)

Shannon River Basin District (ShRBD) datasets (Water Framework Directive) (online)

Other information sources and reports footnoted in the course of the report

2.3 SCREENING FOR APPROPRIATE ASSESSMENT

As set out in the NPWS guidance, the task of establishing whether a plan or project is likely to have

an effect on a Natura 2000 site(s) is based on a preliminary impact assessment using available

information and data, including that outlined above, and other available environmental information,

supplemented as necessary by local site information and ecological surveys. This is followed by a

determination of whether there is a risk that the effects identified could be significant. The

precautionary principle approach is required.

Once the potential impacts that may arise from the proposal are identified the significance of these

is assessed through the use of key indicators:

Habitat loss and alteration

Water quality and resource

Disturbance and/or displacement of species

Habitat or species fragmentation

3 SCREENING FOR APPROPRIATE ASSESSMENT

Screening for Appropriate Assessment (Stage 1) determines the need for a full Appropriate

Assessment (Stage 2) and consists of a number of steps, each of which is addressed in the following

sections of this report:

4.1 Establish whether the project is necessary for the management of a Natura 2000 site

4.2 Description of the project

4.3 Identification of Natura 2000 sites potentially affected

4.4 Identification and description of individual and cumulative impacts of the project

4.5 Assessment of the significance of the impacts on the integrity of Natura 2000 sites

4.6 Conclusion of screening stage

3.1 MANAGEMENT OF NATURA 2000 SITES

The proposal is not connected with or necessary to the conservation management of a Natura 2000

site.

3.2 DESCRIPTION OF PROJECT

3.2.1 Brief Project Description

Tipperary County Council proposes to develop a Town Park, incorporating a playground, at Newport,

Co. Tipperary. The proposed town park site is located to the south of the R503 and to the west of

Custom Gap Road. The proposed Town Park will include a children’s play area, specifically designed

play equipment for use by people with a disability, zip wire, outdoor gym equipment, pump track,

recreational walkways, seating, bi-lingual signage displaying reference to applicable by-laws, rules,

hours of opening, etc., landscaping and car parking for approximately 26 cars. The Council will have

regard to strategies and guidelines including the National Development Plan 2007-2013, the


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Sustainable Residential Development in Urban Areas Guidelines (DoEHLG, 2009) and the Urban

Design Manual, A Best Practice Guide (DoEHLG 2008).

3.2.2 Purpose of the Project

It is recognised that quality recreation and leisure facilities contribute to the quality of life for all that

it serves. The provision of amenities which can cater for the demands of an increasing population

and which can be accessible for all sectors and age groups is a central element in the delivery of

sustainable communities. Tipperary County Council recognises the important role that areas of

amenity and green linkages play in creating quality and healthy environments for all and will seek to

promote a balance between the protection of environmental assets and the facilitation of

recreational use.

3.2.3 Site Location and Context

The proposed town park site is located to the south of the R503 and to the west of Custom Gap Road

at Tullow, Newport. Co. Tipperary (See Figure 1). The proposed development is located adjacent to

an existing housing estate (Mulkear view) and the Newport (Tipperary) River. The site lies partially

within the confines of the Newport Town municipal boundary. The land use in the general area

bordering or in reasonably close proximity to the site includes residential development along with

offices, commercial and educational facilities. Housing is the principal land use along Custom Gap

Road to the south of the site.


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Figure 1: Site location in Newport Town

3.2.4 Description of the Site

The proposed development site has been partially developed as incomplete housing, with works

stalled. This work is considered to be related to conditional planning permission that was granted at

the site in April 2003 for 95 dwelling units, a creche, entrances, roads and all associated site works

(Tipperary planning register 02510476). Some house foundations occur within the site. There is

evidence of related drainage at the site also, so it is concluded that significant ground works had

taken place prior to cessation of this development. The proposed development is therefore


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categorised as a brownfield site, with imported stone and unfinished buildings forming some of the

ground to the north and east of the site.

Newport is within easy commuter distance of the Limerick/Shannon Gateway, as defined in the

National Spatial Strategy. In many respects, Newport is often regarded as a dormitory town for

Limerick City. Newport is a small North Tipperary town located in the West of the County of North

Tipperary, near the Co. Limerick border. Newport is located on the main road (R503) between

Limerick and Thurles.

The site currently has no commercial use and is largely overgrown at its western extent, colonised by

wild plants and young shrubs/trees. The site is bound to the northeast by an occupied housing

development. The southern boundary of the site comprises a hedgerow/treeline. The Newport River

within the Lower River Shannon SAC lies to the west of the site.

The Newport River (EPA code 25N02) is a 4th order fast flowing river. The Newport River rises in

Silvermines Mountain Range at Curreeny, Co. Tipperary. It is a large fast flowing mountain river

which often flows through areas of hillside that contain significant amounts of mountain blanket

bog. This often gives the river a high natural peaty colour in heavy rainfall events.

It is fed by the 4th order Annagh River (25A02) before meeting the 6th order River Mulkear (25M04), a

large tributary of the River Shannon (25S01) at Annacotty. The Newport River is within the Mulkear

Water Management Unit area within Hydrometric Area 25. This area is part of the Shannon River

Basin District (ShRBD).

The 2010-2015 river water quality status of the Newport (Tipperary) River was ‘Good’. The EPA carry

out biological water quality monitoring at several locations in the Newport River catchment. The

most recent assessment was undertaken in 2015, At Rockvale Bridge (EPA station 0200) ca. 3km

upstream of the proposed development, biological water quality was rated Q4-5, equivalent to

Water Framework Directive (WFD) ‘High Status’. At Portryan Bridge (EPA station 0300) ca. 1km

downstream of the proposed development, biological water quality was rated Q5, equivalent to

Water Framework Directive (WFD) ‘High Status’.

Using the EPA Hydrotool which returns flow duration curves for most rivers in Ireland, the stretch of

the Newport River at Newport (25_475) has a 95%ile flow and mean flow of 0.638m3/s and

2.705m3/s respectively (mean flow was taken as the 30%ile river flow, as in MacCarthaigh, 1997).

3.2.5 Characteristics of the Project

The proposed development will include:

riparian leave strip exclusion zone

protection of watercourses (general measures)

fuel and oil management

storage

The proposal is described below.


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Size, scale, area, land-take The proposed development site has an area of ca. 2.8ha.

Details of physical changes that will take place during the various stages of implementing the proposal

Set up of site compound within east side of site

Demarcation of riparian exclusion zone using appropriate fencing

Construction of path which runs parallel to the river. This will act as a further buffer between the SAC and the construction works.

Construct of remainder of paths and Infill of grassland area and planting on the west and north of the site.

Construction of paths, core area and informal garden area within the central section of the site.

Construction of mixed amenity area

Construction of car park on east side of site with integrated Sustainable Drainage System (SuDS) for management of surface water runoff.

Construction of Mixed Use Games Area (MUGA) and Playground on east side of site.

Connection to existing site services, including electricity, water and drainage.

Description of resource requirements for the construction/operation and decommissioning of the proposal (water resources, construction material, human presence etc)

An estimated average of eight to ten workers will be involved in the construction at any one time.

Excavation (950m2), fill material (930m

3), footpaths (2,270m

2), tarmac

(740m2), paving (1,890m

2), geotextile (2,420m

2), top-soiling (12,120m

2),

fencing (1,260m), concrete (125m3), ducts & drainage pipes, public

lighting, equipment for play areas.

Dumper, mini-excavator, compressor, lorries to deliver fill material.

An excavator will be used to prepare the central and western sections of the site.

Delivery trucks will need to call to site regularly.

Materials such as steel, concrete, blocks, fencing, etc, will be delivered to site by means of trucks and delivery vehicles.

Concrete will be ready mixed when delivered to site. Concrete truck washing will not be permitted on site.

Description of timescale for the various activities that will take place as a result of implementation (including likely start and finish date)

The construction period will be 4-6 months starting in the June following grant of planning permission

Description of wastes arising and other residues and their disposal

General construction waste, including packaging.

Demolition and construction waste will be separated on site, recycled where possible and removed to licensed waste disposal facility (metal, masonry, concrete).

No excavation spoil wastes are expected as excavations are minimal and spoil will be backfilled into core area

Identification of wastes arising and other residues (including quantities) that may be of particular concern in the context of the Natura 2000 network

All demolition waste will be removed off-site to licensed recycling or landfill facility as appropriate (metal, masonry, concrete).


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3.3 IDENTIFICATION OF OTHER PROJECTS, PLANS AND ACTIVITIES

Other projects and activities that could act in combination with the project include:

Newport Town WWTP

Other Industrial Emission licenced sites

Other planning applications

Ongoing activities associated with Newport town

Ongoing activities associated with the catchment e.g. agriculture

3.4 IDENTIFICATION OF NATURA 2000 SITES

3.4.1 Zone of Impact Influence

The screening stage of AA involves compiling a ‘long list’ of European sites within a zone of potential

impact influence for later analysis which may or may ultimately not be significantly impacted upon

by the proposal. All Natura 2000 sites within 15km of the proposal location will be characterised in

the context of the rationale for designation and qualifying features, in accordance with NPWS

guidance. In line with the precautionary principle, during the preparation of this report Natura 2000

sites that lie outside 15km that may be significantly impacted as a result of the proposed works were

also considered. Following this, the potential impacts associated with the proposal will be identified

before an assessment is made of the likely significance of these impacts.

As described above, the test for the screening for Appropriate Assessment is to assess, in view of

best scientific knowledge, if the development, individually or in combination with other plan/project

is likely to have a significant effect on a Nature 2000 site. If there are any significant, potentially

significant, or uncertain effects, it will be necessary to proceed to Appropriate Assessment and

submit an NIS.

3.4.2 Identification of Natura 2000 Sites

In identifying potentially affected European sites, it has been decided to include all SACs and SPAs,

within a 15km radius of the proposal site (See Figure 2). Table 1 below lists designated SACs and SPA

within 15km or the anticipated zone of influence of the proposal site including their proximity. Given

the nature, scope, scale and location of the works, it is not considered that the proposal will

significantly affect Natura 2000 sites outside of those considered here.

Table 1: Designated conservation sites within 15km radius of proposed development site

No. Designated Site Site Code Proximity of proposed development site to nearest point of designated site

1 Lower River Shannon SAC 002165 Within and directly adjacent to this site

2 Clare Glens SAC 000930 1.5km north

3 Slievefelim to Silvermines Mountains SPA 004165 1.8km northwest

4 Glenstal Wood SAC 001432 4.5km northwest

5 Keeper Hill SAC 001197 8.8km south southwest

6 Silvermines Mountains West SAC 002258 9.8km southwest

7 Lough Derg (Shannon) SPA 004058 12.5km south

8 Glenomra Wood SAC 001013 12.5km south east

9 Slieve Bernagh Bog SAC 002312 13.5km south east

10 Silvermines Mountains SAC 000939 14km south west

11 Bolingbrook Hill SAC 002124 14.8km south west


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Figure 2: Designated Natura 2000 sites within 15km of the proposed development site


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3.4.3 Characteristics of Natura 2000 sites within 15km

The following tables list the features of interest for the SAC and SPA sites identified in the previous

table. Information pertaining to designated sites is from site synopses, conservation objectives and

other information available on www.npws.ie.

Table 2: Designated site with qualifying features / conservation interests listed

Designated Site Qualifying features / Conservation interests

Lower River Shannon SAC

Habitats Sandbanks which are slightly covered by sea water all the time [1110] Estuaries [1130] Mudflats and sandflats not covered by seawater at low tide [1140] Coastal lagoons [1150] Large shallow inlets and bays [1160] Reefs [1170] Perennial vegetation of stony banks [1220] Vegetated sea cliffs of the Atlantic and Baltic coasts [1230] Salicornia and other annuals colonising mud and sand [1310] Atlantic salt meadows (Glauco-Puccinellietalia maritimae) [1330] Mediterranean salt meadows (Juncetalia maritimi) [1410] Water courses of plain to montane levels with the Ranunculion fluitantis and Callitricho-Batrachion vegetation [3260] Molinia meadows on calcareous, peaty or clayey-silt-laden soils (Molinion caeruleae) [6410] Alluvial forests with Alnus glutinosa and Fraxinus excelsior (Alno-Padion, Alnion incanae, Salicion albae) [91E0] Species Margaritifera margaritifera (Freshwater Pearl Mussel) [1029] Petromyzon marinus (Sea Lamprey) [1095] Lampetra planeri (Brook Lamprey) [1096] Lampetra fluviatilis (River Lamprey) [1099] Salmo salar (Salmon) [1106] Tursiops truncatus (Common Bottlenose Dolphin) [1349] Lutra lutra (Otter) [1355]

Clare Glens SAC Habitats Old sessile oak woods with Ilex and Blechnum in British Isles [91A0] Species Killarney fern (Trichomanes speciosum) [1421]

Slievefelim to Silvermines Mountains SPA

Species Hen Harrier (Circus cyaneus) [A082]

Glenstal Wood SAC Species Killarney fern Trichomanes speciosum) [1421]

Silvermines Mountains West SAC

Habitats Northern Atlantic wet heaths with Erica tetralix [4010] European dry heaths [4030] Species-rich Nardus grasslands, on siliceous substrates in mountain areas (and submountain areas, in Continental Europe) [6230] Blanket bog (*active only) [7130]

Keeper Hill SAC

Habitats Northern Atlantic wet heaths with Erica tetralix [4010] Species-rich Nardus grasslands, on siliceous substrates in mountain areas (and submountain areas, in Continental Europe) [6230] Blanket bog (*active only) [7130]

Bolingbrook Hill SAC

Habitats Northern Atlantic wet heaths with Erica tetralix [4010] European dry heaths [4030] Species-rich Nardus grasslands, on siliceous substrates in mountain areas (and

http://www.npws.ie/


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submountain areas, in Continental Europe) [6230]

Glenomra Wood SAC

Old Oak Woodlands [91A0]

Slieve Bernagh Bog SAC

Wet Heath [4010] Dry Heath [4030] Blanket Bogs [(Active)7130]

Silvermines Mountains

Habitats Northern Atlantic wet heaths with Erica tetralix [4010] Species-rich Nardus grasslands, on siliceous substrates in mountain areas (and submountain areas, in Continental Europe) [6230]

Lough Derg (Shannon) SPA

Species Cormorant (Phalacrocorax carbo) [A017] Tufted Duck (Aythya fuligula) [A061] Goldeneye (Bucephala clangula) [A067] Common Tern (Sterna hirundo) [A193] Wetland and Waterbirds [A999]

3.4.4 Conservation Objectives

According to the Habitat’s Directive, the conservation status of a natural habitat will be taken as

‘favourable’ within its biogeographic range when:

its natural range and areas it covers within that range are stable or increasing, and

the specific structure and functions which are necessary for its long-term maintenance exist

and are likely to continue to exist for the foreseeable future, and

the conservation status of its typical species is favourable as defined below.

According to the Habitat’s Directive, the conservation status of a species means the sum of the

influences acting on the species concerned that may affect the long-term distribution and

abundance of its populations. The conservation status will be taken as ’favourable’ within its

biogeographic range when:

population dynamics data on the species concerned indicate that it is maintaining itself on a

long-term basis as a viable component of its natural habitats, and

the natural range of the species is neither being reduced nor is likely to be reduced for the

foreseeable future, and

there is, and will probably continue to be, a sufficiently large habitat to maintain its

populations on a long-term basis.

The specific conservation objectives for each site are available on www.npws.ie. These have been

accessed for the sites listed in the tables above on the 16th July 2018. Generic conservation

objectives were available for the following sites:

Kilcolman Bog SPA

Blackwater Callows SP

Slievefelim to Silvermines Mountains SPA

Lough Derg (Shannon) SPA

Site specific and more detailed conservation objectives were available for the following sites:

Lower River Shannon SAC (NPWS, 2012)

http://www.npws.ie/


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Glenstal Wood SAC (NPWS, 2018a)

Clare Glens SAC (NPWS, 2018b)

Keeper Hill SAC (NPWS, 2017a)

Silvermines Mountains West SAC (NPWS, 2017b)

Silvermines Mountains SAC (NPWS, 2018c)

Bolingbrook Hill SAC (NPWS, 2018d)

Management plans were not available for any sites.

All conservation objectives together with other designated site information are available on

http://www.npws.ie/protectedsites/.

3.5 IDENTIFICATION OF POTENTIAL IMPACTS

Potential likely ecological impacts arising from the project are identified in this section. Potential

ecological impacts are likely to be associated with the construction phase of the project as there will

be disturbance of soil and excavations and use of associated machinery next to a watercourse. The

potential likely ecological impacts arising from the construction elements of the project are outlined

in the table below while the paragraphs that follow describe operational impacts of the project,

which are not expected to change with the operation of the project.

Description of elements of the project likely to give rise to impacts on Natura 2000 sites.

1. Works will be conducted adjacent to a river channel designated as an SAC for the protection of aquatic species.

2. The risk of a fuel or oil spillage into the waterway draining to the SAC due to the use of plant in close proximity to it.

3. The risk of the movement of sediment or suspended solids from the proposal site area to the adjacent river.

Describe any likely direct, indirect or secondary impacts of the project (either alone or in combination with other plans or projects) on Natura 2000 sites by virtue of:

Size and scale;

Land-take;

Distance from Natura 2000 Site or key features of the Site;

Resource requirements;

Emissions;

Excavation requirements;

Transportation requirements;

Duration of construction, operation etc.; and

Other.

Works conducted upstream of a riparian SAC

Works duration of six months

Small scale excavation will be required

Some infill material will be imported

Resources required include: o plant machinery o transport vehicles o fuels and oils o cement o top soil

Potential emissions include: o water borne sediment o fuel or oil spill

http://www.npws.ie/protectedsites/


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Describe any likely changes to the site arising as a result of:

Reduction of habitat area;

Disturbance of key species;

Habitat or species fragmentation;

Reduction in species density;

Changes in key indicators of conservation value; and

Climate change.

No significant changes under the criteria listed opposite are expected to ensue from the proposal

Some limited potential to create adverse water quality impacts in the Lower River Shannon SAC by means of ingress of hydrocarbons or sediment to the Newport River resides in the programme of works required to construct the proposed town park.

Describe any likely impacts on the Natura 2000 site as a whole in terms of:

Interference with the Key relationships that define the structure of the site; and

Interference with key relationships that define the function of the site.

Some limited potential to create adverse water quality impacts in the Lower River Shannon SAC by means of ingress of hydrocarbons or sediment to the Newport River resides in the programme of works required to construct the town park. However, it is not expected that the proposal has the potential to interfere with the relationships that define the structure and function of the SAC

Describe from the above those elements of the project, or combination of elements, where the above impacts are likely to be significant or where the scale of magnitude of impacts is not known.

It is not expected that significant adverse water quality impacts will ensue from the proposal that would adversely affect the key relationships that define the structure and function of the nearby SAC site.

3.6 ASSESSMENT OF SIGNIFICANCE OF POTENTIAL IMPACTS

This section considers the list of sites identified in Section 3.4 above together with the potential

ecological impacts identified in the previous section and determines whether the project is likely to

have significant effects on a Natura 2000 site.

The likelihood of significant effects to a Natura 2000 site from the project was determined based on

a number of indicators including:

Habitat loss

Habitat alteration

Habitat or species fragmentation

Disturbance and/or displacement of species

Water quality and resource

The likelihood of significant cumulative/in-combination effects is assessed in Section 3.6.5.

Clare Glens is located 1.5km south of the proposed development and has been designated due to the

presence of ’Killarney fern (Trichomanes speciosum)’ and ‘Old sessile oak woods with Ilex and

Blechnum in British Isles’. This site is not assessed in any more detail as there is no connection

between this site and the proposed works.

At its closest, the proposed development site is located 1.8km northwest of the Slievefelim to

Silvermines Mountains SPA, an extensive upland site located in Counties Tipperary and Limerick. This

is an SPA for Hen harrier, a species listed under Annex I of the EU Birds Directive. It is one of the

strongholds for Hen Harrier in the country. The site provides excellent nesting and foraging habitat for

breeding Hen Harrier and is among the top five sites in the country for the species. This site is not


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included for further assessment of impacts due to geographical separation, and taking account of the

disturbed nature / high human activity in the vicinity of the proposed development site.

The proposed development is considered to be spatially removed from other Natura 2000 sites within

15km to a degree that would preclude any significant impacts. For example, the Silvermines

Mountains West SAC and the Lough Derg (Shannon) SPA are 9.8km and 12.5km from the proposed

development, respectively, so no plausible impacts on the habitats and/or species of interest in these

sites are envisaged in light of the proposed Newport Town Park.

The conservation objectives of these sites have been considered and there is no potential for

significant effects. These sites will not be discussed any further.

With regard to potentially significant negative effects, the only Natura 2000 site identified is the

Lower River Shannon SAC, as the proposed development site lies within/adjacent to the Newport

River within this SAC. The indicators of significant impacts potentially arising from the proposed

development are discussed below in terms of the within the Lower River Shannon SAC.

3.6.1 Habitat Loss and Alteration

The footprint of the proposed project is within the Lower River Shannon SAC. Therefore, land take

within this Natura 2000 site boundary is required and direct terrestrial and/or riparian habitat loss or

alteration is expected to result from the proposal.

The construction phase of the proposal requires construction work in an area adjoining the Newport

River. As a consequence, indirect habitat loss or alteration impacts caused either by potential water

pollution impacts (e.g. run off of suspended solids from earthworks and exposed soil) within the

Lower River Shannon could occur as a result of the project. Therefore, it cannot be objectively

concluded that significant indirect impacts on the habitats and species, for which this site is

designated, will not ensue from the current unmitigated construction phase.

3.6.2 Water Quality

The water quality in the Newport River is essential for supporting the biological elements associated

with the river habitat. Negative impacts to water quality in the Newport River as a result of the

construction activities required to develop the site could have indirect impacts on the aquatic

Qualifying Interests of the Lower River Shannon SAC. For example, uncontrolled silt run-off could

impact negatively on Atlantic Salmon populations. For example, a reduction in water quality arising

from the construction phase could affect the distribution and density of salmonids, which could

potentially affect the availability of prey for otter. Due to the risk of water pollution from the

proposed construction phase entering the Newport River within the Lower River Shannon SAC, the

potential for occurrence of significant impacts cannot be ruled out.

3.6.3 Disturbance and/or Displacement of Species

The construction phase of the proposal requires excavations. There is potential for displacement of

Qualifying Interests in the event water pollutants entered the Newport River during the construction

phase.

3.6.4 Habitat or Species Fragmentation

Habitat fragmentation has been defined as ‘reduction and isolation of patches of natural

environment’ (Hall et al., 1997 cited in Franklin et al., 2002) usually due to an external disturbance


18

such that an alteration of the spatial composition of a habitat occurs that alters the habitat and

‘create[s] isolated or tenuously connected patches of the original habitat’ (Wiens, 1989 cited in

Franklin et al., 2002). This results in spatial separation of habitat units which had previously been in a

state of greater continuity. Negative effects of habitat fragmentation on species or populations can

include increased isolation of populations or species which can detrimentally impact on the

resilience or robustness of the populations reducing overall species diversity and altering species

abundance. As there will be no direct habitat loss it is not considered that significant habitat

fragmentation will arise from the proposal. However, if habitats or species distribution (e.g.

spawning habitats) are significantly altered as a result of habitat alteration impacts arising from the

proposed construction phase, then fragmentation could potentially occur.

3.6.5 Cumulative/In-combination Impacts

There is potential for cumulative ecological effects to occur to the Newport River during the

construction phase of the project together with ongoing pressures to the water quality in the

catchment. For example, the 2016 Annual Environmental Report for the Newport Waste Water

Treatment Plant (WWTP licence register No. D0325-01,)1 indicates that the annual maximum

hydraulic and annual mean organic loading is greater than the peak treatment plant capacity. This

WWTP has a plant capacity population equivalent of 1900 and is not designed for Phosphorus

removal. Its primary discharge point to the Newport River2 at Portryan ca. 1km downstream of the

proposed development site.

3.7 CONCLUSION OF SCREENING STAGE

In conclusion, to determine the potential impacts, if any, of the project on nearby Natura 2000 sites,

a screening process for Appropriate Assessment was undertaken. The proposed development is

within 15km of nine Natura 2000 sites.

It has been objectively concluded during the screening process that eight sites within 15km of the

project are unlikely to be significantly impacted by the proposal to develop land for amenity

purposes at Newport:

Clare Glens SAC (000930)

Slievefelim to Silvermines Mountains SPA (004165)

Glenstal Wood SAC (001432)

Keeper Hill SAC (001197)

Silvermines Mountains West SAC (002258)

Lough Derg (Shannon) SPA (004058)

Glenomra Wood SAC (001013)

Slieve Bernagh Bog SAC (002312)

Silvermines Mountains (000939)

Bolingbrook Hill SAC (002124)

It has been concluded in regard to the proposed Newport Town Park that significant effects cannot

be ruled out at this stage, on the following Natura 2000 site:

Lower River Shannon SAC (002165)

1 http://www.epa.ie/licences/lic_eDMS/090151b2805fc9a6.pdf

2 http://www.epa.ie/licences/lic_eDMS/090151b2802b03ab.pdf

http://www.epa.ie/licences/lic_eDMS/090151b2805fc9a6.pdfhttp://www.epa.ie/licences/lic_eDMS/090151b2802b03ab.pdf


19

Further assessment is required to determine whether the project is likely to adversely affect the

integrity of this Natura 2000 site. An Appropriate Assessment of the project is required and a Natura

Impact Statement (NIS) will need to be prepared to inform the Appropriate Assessment.


20

4 REFERENCES

Department of the Environment, Heritage and Local Government (DoEHLG) (2009). Appropriate

Assessment of Plans and Projects in Ireland: Guidance for Planning Authorities. Department of

Environment, Heritage and Local Government.

EC (2000). Managing Natura 2000 Sites: The provisions of Article 6 of the ‘Habitats’ Directive

92/43/EEC. Luxembourg: Office for Official Publications of the European Communities.

EC (2001). 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. Luxembourg: Office for Official Publications of the European Communities.

Franklin, Alan B., Noon, Barry R. & Luke George T. (2002), What is Habitat Fragmentation?, Studies in

Avian Biology No. 25:20-29.

NPWS (2012) Conservation Objectives: Lower River Shannon SAC 002165. Version 1.0. National Parks

and Wildlife Service, Department of Arts, Heritage and the Gaeltacht.

NPWS (2017a) Conservation Objectives: Keeper Hill SAC 001197. Version 1. National Parks and

Wildlife Service, Department of Culture, Heritage and the Gaeltacht.

NPWS (2017b) Conservation Objectives: Silvermines Mountains West SAC 002258. Version 1.

National Parks and Wildlife Service, Department of Culture, Heritage and the Gaeltacht.

NPWS (2018a) Conservation Objectives: Glenstal Wood SAC 001432. Version 1. National Parks and


NPWS (2018b) Conservation Objectives: Clare Glen SAC 000930. Version 1. National Parks and


NPWS (2018c) Conservation Objectives: Silvermine Mountains SAC 000939. Version 1. National Parks

and Wildlife Service, Department of Culture, Heritage and the Gaeltacht.

NPWS (2018d) Conservation Objectives: Bolingbrook Hill SAC 002124. Version 1. National Parks and



Appendix

Appendix 1

Stages of Appropriate Assessment


Appendix

Stage 1 - Screening

This is the first stage of the Appropriate Assessment process and that undertaken to determine the

likelihood of significant impacts as a result of a proposed project or plan. It determines need for a

full Appropriate Assessment.

If it can be concluded that no significant impacts to Natura 2000 sites are likely then the assessment

can stop here. If not, it must proceed to Stage 2 for further more detailed assessment.

Stage 2 - Natura Impact Statement (NIS)

The second stage of the Appropriate Assessment process assesses the impact of the proposal (either

alone or in combination with other projects or plans) on the integrity of the Natura 2000 site with

respect to the conservation objectives of the site and its ecological structure and function. This is a

much more detailed assessment that Stage 1. A Natura Impact Statement containing a professional

scientific examination of the proposal is required and includes any mitigation measure to avoid,

reduce or offset negative impacts.

If the outcome of Stage 2 is negative i.e. adverse impacts to the sites cannot be scientifically ruled

out, despite mitigation, the plan or project should proceed to Stage 3 or be abandoned.

Stage 3 - Assessment of alternative solutions

A detailed assessment must be undertaken to determine whether alternative ways of achieving the

objective of the project/plan exists.

Where no alternatives exist the project/plan must proceed to Stage 4.

Stage 4 - Assessment where no alternative solutions exist and where adverse impacts remain

The final stage is the main derogation process examining whether there are imperative reasons of

overriding public interest (IROPI) for allowing a plan or project to adversely affect a Natura 2000 site

where no less damaging solution exists.

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