Chapter 2 - Legislative Context
2. Legislative Requirements
Section 20 of the Planning and Development Act 2000 (as amended) sets out the statutory process for the making of a Local Area Plan as outlined in Figure 2 below.
In accordance the Act, the Proposed LAP is subject to the following environmental considerations.
2.1 Strategic Environmental Assessment and Appropriate Assessment
A Strategic Environmental Assessment (SEA) Screening accompanies this Proposed LAP in accordance with the SEA Directive (2001/42/EC). This assessment is a formal, systematic evaluation of the likely significant environmental effects of implementing a plan, policy or programme. The conclusion of the SEA screening at this stage of the Proposed LAP preparation process is that a full SEA and the preparation of an Environmental Report is not required.
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 Proposed Rathkeale LAP is unlikely to have any impact on an area designated as a Natura 2000 site, therefore a Natura Impact Report is not required.
2.2 Stage 1 Flood Risk Assessment
As per Section 4.2 of The Planning System and Flood Risk Management – Guidelines for Planning Authorities” as amended by Circular PL2/2014 a Stage 1 Flood Risk Assessment informs the land use zoning objectives of the Proposed LAP. Any subsequent stages of flood risk assessment will be carried out in a way that is integrated with the SEA process as the Proposed LAP, progresses through to final adoption. Similarly, corresponding SEA Screening Reports will consider the environmental effects of the Proposed LAP against environmental criteria for the plan area, including mitigation measures and future monitoring of effects including flooding.