Chapter 2 - Legalisative Requirements

closeddate_range10 Oct, 2020, 8:00am - 23 Nov, 2020, 5:00pm

2.0 Legalisative Requirements 

Given the expiration of the extended lifetime of the current Southern Environs Local Area Plan in 2021, a new LAP is required for the Southern Environs, pending the adoption of the proposed Limerick Development Plan in 2022.

Section 20 of the Planning and Development Act 2000 (as amended) sets out the process for the making of a Local Area Plan as follows:

Figure1: LAP Process 

In accordance with Sections 19 and 28 of the Act, the Draft LAP is subject to the following environmental considerations:

2.1 Strategic Environmental Assessment 

Strategic Environmental Assessment (SEA) is required in accordance with the SEA Directive (2001/42/EC). SEA is a formal, systematic evaluation of the likely significant environmental effects of implementing a plan, policy or programme. SEA is mandatory for plans for areas with a population of 5,000 or more persons and is therefore required for the Draft Southern Environs LAP.

 

An SEA Environmental Report has been prepared informing the likely environmental impacts of implementing the policies and objectives of the plan and integrating relevant environmental considerations into the plan. The SEA Environmental Report (SEA ER) accompanies this Draft LAP and recommended mitigation measures have been incorporated into this Draft. This report sets out the likely environmental consequences of decisions regarding the location and type of developments within the plan area, mitigation measures to offset potential adverse effects of the plan and monitoring proposals.

2.2 Appropraite Assessment 

Appropriate Assessment (AA) is required in accordance with Article 6(3) and 6(4) of the EU Habitats Directive (92/43/EEC). AA is a focused and detailed impact assessment of the implications of the plan or project, alone and in combination with other plans and projects, on the integrity of a Natura 2000 site in view of the site’s conservation objectives.

Following screening for AA, it was determined that the Southern Environs Draft LAP is likely to have impacts on an area designated as a Natura 2000 site, therefore a Natura Impact Report is required. The mitigation measures identified in the Stage 2 Appropriate Assessment (Natura Impact Report) have been incorporated into the Draft LAP.

2.3 Strategic Flood Risk Assessment 

A Strategic Flood Risk Assessment (SFRA) is required in accordance with “The Planning System and Flood Risk Management – Guidelines for Planning Authorities” as amended by Circular PL2/2014. The primary purpose of the SFRA is to determine flood risk within a particular geographical area and to support planning decisions in relation to developing the plan. The information gathered in the Stage 1 SFRA has informed the Land Use Zoning Map of this Draft LAP.