Natura Impact Assessment Screening Statement · 2016-03-21 · Samuel Beckett Bridge and in the...

Natura Impact Assessment Screening Statement

Foreshore Lease Application

Land adjoining 81a and 81b Sir John Rogerson’s Quay Dublin 2

Ravensburg Ltd.


__________________________________________________________________________________________81a and 81b Sir John Rogerson’s Quay, Dublin 2 2

1.0 Introduction

Hughes Planning and Development Consultants, The Mash House, Distillery Road, Dublin 3 have prepared this Natura Impact Assessment Screening Statement on behalf of the applicant, Ravensburg Ltd., to accompany a an application for a foreshore lease to facilitate the provision of a public boardwalk over the River Liffey on land on the north side of buildings at 81a and 81b Sir Rogerson’s Quay, Dublin 2, being the former BJ Marine buildings on the camp shires of the south quay. This report provides information on and assesses the potential for the proposed development to impact on Natura 2000 sites in the vicinity. Note that grants of planning permission under Reg. Ref. 2173/15 and 3634/13 related to use and development at 81a and 81b, respectively, with both permissions making provision for a boardwalk extending by 1.45m over the existing quay wall on the River Liffey. The proposed development has regard to Article 6 of Council Directive 92/43/EEC dated 21st May 1992 otherwise known as the Habitats Directive. This forms part of Irish legislation by virtue of the European Communities (Birds and Natural Habitats Directive) Regulations 2011 and the Planning and Development (Amendment) Act 2010. In Ireland, the Natura 2000 network of European sites comprises Special Areas of Conservation (SACs, including candidate SACs), and Special Protection Areas (SPAs, including proposed SPAs). SACs are selected for the conservation of Annex I habitats (including priority types which are in danger of disappearance) and Annex II species (other than birds). SPAs are selected for the conservation of Annex I birds and other regularly occurring migratory birds and their habitats. The annexed habitats and species for which each site is selected correspond to the qualifying interests of the sites; from these the conservation objectives of the site are derived. Article 6(3) of the Habitats Directive reads:

‘Any plan or project not directly connected with or necessary to the management of the site but likely to have a significant effect thereon, either individually or in combination with other plans or projects, shall be subject to appropriate assessment of its implications for the site in view of the site’s conservation objectives…. ‘

In the Irish context Appropriate Assessment has been interpreted as a four stage process. Firstly, a screening exercise (Stage 1) determines if a project could have significant effects on a Natura site. The project should be screened without the inclusion of special mitigation measures unless potential impacts can clearly be avoided through design (or re-design). If impacts are identified or the situation is unclear a Natura Impact Statement (Stage 2) is provided to the planning or regulatory authority which then conducts an Assessment of the information supplied. Examples of significant effects are loss of habitat area, fragmentation of the habitat, disturbance to species using the site and changes in water resources or quality. If such negative effects come to light in the assessment, alternative solutions are investigated by the proponent (Stage 3) and modifications made unless the project is deemed to be driven by ‘imperative reasons of overriding public interest’ in its current form. Stage 4 then deals with compensatory action. A Natura Impact Statement is required if likely significant effects on Natura 2000 site arising from a plan or project cannot be ruled out at the screening stage, either alone or in combination with other plans or projects. The information in this report forms part of and should be read in conjunction with the planning application documentation submitted to Dublin City Council to date, in particular the drainage proposals prepared by Casey O’Rourke Associates, Structural & Civil consulting Engineers which will ensure that all foul and surface water generated by the development is treated to Dublin City Council, Irish Water and Environmental Protection Agency standards prior to disposal. 2.0 Methodology This Natura Impact Assessment Screening Statement has been prepared by Jim Egan, Chartered Town Planner, MIPI, MRTPI, B.Sc. (Surv), MRUP, Prof. Dip. EIA & SEA Mngt., (Hughes Planning and Development Consultants), with supporting data based on plans and particulars prepared by Lawrence and Long Architects and Casey O’Rourke Consulting Engineers.



The requirements for a Habitats Directive Assessment (HDA) are set out in the E.U. Habitats Directive 92/43/EEC. Appropriate assessment is an assessment carried out under Article 6(3) of the Habitats Directive. This screening statement has been prepared having regard to the following guidance documents where relevant:

Appropriate Assessment of Plans and Projects in Ireland – Guidance for Planning Authorities (Department of Environment, Heritage and Local Government 2010);

Appropriate Assessment under Article 6 of the Habitats Directive: Guidance for Planning Authorities (Circular NPW 1/10 & PSSP 2/10);

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 (European Commission Environment Directorate-General, 2001); hereafter referred to as the EC Article 6 Guidance Document. The guidance within this document provides a non-mandatory methodology for carrying out assessments required under Article 6(3) and (4) of the Habitats Directive;

Managing Natura 2000 Sites: The Provisions of Article 6 of the Habitat’s Directive 92/43/EEC (EC Environment Directorate-General, 2000); hereafter referred to as MN2000;

Guidance Document on Article 6(4) of the Habitats Directive 92/43/EEC. Clarification of the Concepts of Alternative Solutions, Imperative Reasons of Overriding Public Interest, Compensatory Measures, Overall Coherence. Opinion of the European Commission (European Commission, January 2007);

Guidelines for Good Practice Appropriate Assessment of Plans under Article 6(3) Habitats Directive. Findings of an international workshop on Appropriate Assessment in Oxford, December 2009. http://www.levett-therivel.co.uk/AAguidelines.htm

Communication from the Commission on the precautionary principle. European Commission (2000).

This Natura Impact Assessment Screening Statement is based on a desktop study to establish the zone of influence of the project and the locations of any Annex I habitats/Annex II species and/or qualifying interests/special conservation interests of nearby European sites. Sources of information relied upon are listed below:

Ordnance Survey of Ireland mapping and aerial photography available from www.osi.ie;

Online data available on European sites as held by the National Parks and Wildlife Service (NPWS) from www.npws.ie;

Information on water quality in the area available from www.epa.ie;

Information on the Eastern River Basin District from www.wfdireland.ie;

Information on the status of EU protected habitats in Ireland (National Parks & Wildlife Service, 2013) – please refer to the site characterisation and qualifying criteria extracts later in this document.

3.0 Natura Impact Assessment Screening The AA guidance documents set out a staged process for carrying out a Natura Impact Assessment, the first stage of which is referred to as ‘screening’. This identifies likely impacts (if any) on Natura 2000 sites, which would arise from the development either alone or in combination with other plans and projects, and further considers whether these impacts are likely to adversely affect the integrity of any Natura 2000 sites. If the conclusions at the end of the screening exercise are that significant impacts on any European sites, as a result of the proposed development, either alone or in combination with other plans and projects, are likely, uncertain or unknown, then there is a requirement to proceed to subsequent stages of Appropriate Assessment. The findings of the NIS must be clearly documented in order to provide transparency of decision-making, and to ensure the application of the ‘precautionary principle’. If however the conclusions at the end of the screening exercise are that significant impacts on any European sites, as a result of the proposed development, either alone or in combination with other plans and projects, can be ruled out, the need for Natura Impact Assessment does not arise. 4.0 Receiving Environment and Proposed Development



4.1 Site Description This foreshore lease application relates to the space above the high water mark of the river immediately adjacent to the buildings at 81a and 81b Sir John Rogerson’s Quay. These buildings, known locally as the former BJ Marine premises, are located in the area known as the campshires on the south quay of the River Liffey. Please refer to the enclosed lease area map, prepared by Lawrence and Long Architects, and also the aerials in Figures 1.0, 2.0 and 3.0 below which show the location of the proposed boardwalks (outlined in red) adjacent to the two buildings.

Figure 1.0 Aerial view of the location of the proposed boardwalks, outlined in red, adjacent the

Samuel Beckett Bridge and in the context of the River Liffey and wider city area

Figure 2.0 Aerial view of the location of the proposed boardwalks, outlined in red, adjacent the

Samuel Beckett Bridge and in the context of the River Liffey



Figure 3.0 Aerial view of the location of the elements of the proposed boardwalks (outlined in red)

which extend above the river 4.2 Proposed Development The two sections of boardwalk, for which planning approval was granted under Reg. Ref. 2173/15 (81a) and Reg. Ref. 3634/13 (81b), will form part of the public amenity space in the area of the south quay and will allow a continuous walkway along the edge of the river. The boardwalk will be structurally independent of the quay wall and is designed to be a fully reversible intervention in line with conservation best practice. The boardwalk will extend by 1.415m beyond the quay wall and will comprise a glazed balustrade on the three exposed edges. The boardwalk, together with the balustrade, will function as an effective flood defence mechanism linking the Dublin City Council flood defence wall on the west and east side of the existing building as well as creating a continuous pedestrian route along the south bank of the River Liffey. The glazed screen will also preserve the visual connection of the warehouse with the river, which will enhance the character and streetscape of the area. It is considered that the proposed boardwalk will create a modern and innovative design solution to link the Dublin City Council flood defence wall while adding to the public amenity zoning of the area.



A structural report, prepared by Casey O’Rourke Associates, Structural and Civil Consulting Engineers, was submitted in support of both planning applications, being Reg. Ref. 2173/15 for 81a and Reg. Ref. 3634/13 for 81b. A copy of these reports is included with the Foreshore Lease application. Note that a temporary glazed balustrade has been erected flush with the edge of the quay wall, with the applicant’s intention to complete the boardwalk above the river on grant of a foreshore lease. In terms of structure, the boardwalk will comprise a steel frame and composite concrete slab over the existing cobbled floor structure and to cantilever this frame out over the quay wall and river (see drawing in Figure 4.0 below). The overturning cantilever structure is resisted by the self-weight of the original warehouse wall structure and the weight of the internal slab structure. The boardwalk has been designed to take into account the fabric of the quay wall and to allow for minimal damage and reversibility. Please refer to attached Casey O’ Rourke drawings and engineering report for full details of the approved boardwalk.

Figure 4.0 Section through the building at 81b Sir John Rogerson’s Quay, also showing how the

boardwalk will sit above the quay wall and extend above the River Liffey 4.2.2 Storm Water Management The boardwalk will be impermeable (constructed in concrete) which will allow all rainwater to be collected and also act as a flood protection measure. The collected rainwater will be diverted to the ends of the existing building where it will connect into a manhole chamber. It is proposed to discharge the rainwater from this final manhole to the river. The proposed pipeline to direct this rainwater back into the river is also required to be part of the Flood Prevention Strategy for the development. In order to prevent flooding and successfully discharge the collected rainwater the pipe will be fitted with a Non- Return Valve to prevent backflow of water from the river. Details of these works are indicated on drawing number 1136-C001 of Casey O’Rourke’s drawings. 4.2.3 Flooding The location of the site is at risk of flooding by rising tides and storm surges of the River Liffey. The proposed cantilevering boardwalk over the quay wall will act as flood defence feature connecting the



Dublin City Council Flood Wall constructed to side elevations of the two buildings at 81a and 81b Sir John Rogerson’s Quay. The structure of the boardwalk will be constructed of steel and concrete and will be impermeable so as to act as a flood barrier in the event of a flood. A glass balustrade which will be designed to resist the load from flood water if it reaches a level of 3.7 m AOD will be constructed at the boardwalk edge over the River Liffey. The glass balustrade will comprise of 2 no. sheets of 22.5mm toughened glass with an interlayer between the two. This layer will bond and hold the glass in place. The interlayer called ‘lonoplast’ has a high tear resistance and is used primarily in glazing systems to resist wind loading from Typhoons and bomb impact. At each end of the buildings, the boardwalk and glass balustrade will return and connect in with the Dublin City Council flood defence system. The connection method will use similar details to that of the glass to glass connection used in the proposed boardwalk but it will be glass to concrete connection. The primary idea is that in the event of a flood the glass will push against a strip of compressible metal laid against the concrete which will provide the waterproof seal to the joint. 5.0 Identification of Natura 2000 Sites

Natura 2000 sites located within 15km of the application site are listed in the table in Figure 5.0 below. The proposed development is not directly connected to any of the sites identified below, however as the proposed boardwalk will overhang the River Liffey. There is slight potential for hydraulic disturbance during construction phase, however it is considered due to the distance of the proposed development from the Natura sites that no significant impact will occur. These potential hydraulic disturbances of the construction of the proposed boardwalk will cease during operational phase.

Name Site Code Designation Distance From Site

South Dublin Bay and River Tolka Estuary

004024 Special Protection Area 2.26 km

South Dublin Bay 000210 Special Area of Conservation 2.30 km

North Dublin Bay 000206 Special Area of Conservation 4.30 km

North Bull Island 004006 Special Protection Area 4.97 km

Baldoyle Bay 000199 004016

Special Area of Conservation Special Protection Area

9.68 km

Rockabill to Dalkey Island 003000 Special Area of Conservation 10.13 km

Dalkey Island 004172 Special Protection Area 12.31 km

Howth Head 000202 004113


12.70 km

Wicklow Mountains 004040 Special Protection Area 12.83 km

Irelands Eye 002193 004117


13.22 km

Malahide Estuary 004025 000205

Special Protection Area Special Area of Conservation

13.24 km

Broadmeadow/Swords Estuary

004025 Special Protection Area 13.11 km

Figure 5.0 Natura 2000 sites within 15km of the application site Distance analysis is required to identify any potential impact of the proposed development or any other plans or projects that may result in adverse effects on the qualifying interests of nearby European Sites via a source-pathway-receptor link. In order for a significant impact to occur there must be a risk enabled by having a source (e.g. construction works), a receptor (e.g. a SAC/SPA or other protected species or habitat) and critically a pathway between the source and receptor which connects the development site and the Natura 2000 habitat. The proposed development is physically separated from the nearest European site (South Dublin Bay and River Tolka Estuary). The principal risk to the designated Natura sites arises from potential water contamination during construction of the boardwalk over the existing quay wall. The closest Natura 2000 site is 2.26km from the proposed development, however it is not likely that any potential construction disturbances will reach as far as the closest Natura site.



The following section considers the nearest Natura 2000 sites to the application site at between 1km and 5km (Sandymount Strand/Tolka Estuary and North Bull Island Special Protection Areas; North Dublin Bay and South Dublin Bay Special Areas of Conservation). The remaining sites at 9.68km to 13km are considered too distant from the application site for any impacts to occur given the nature of the development.

Figure 6.0 Extract from National Parks and Wildlife Service mapping showing the approximate

location of the lease area (within red circle) and Natura 2000 sites South Dublin Bay and River Tolka Estuary SPA 004024 The South Dublin Bay and River Tolka Estuary SPA comprises a substantial part of Dublin Bay. It includes the intertidal area between the River Liffey and Dun Laoghaire, and the estuary of the River Tolka to the north of the River Liffey, as well as Booterstown Marsh. A portion of the shallow marine waters of the bay is also included. In the south bay, the intertidal flats extend for almost 3 km at their widest. The sediments are predominantly well-aerated sands. Several permanent channels exist, the largest being Cockle Lake. A small sandy beach occurs at Merrion Gates, while some bedrock shore occurs near Dun Laoghaire. The landward boundary is now almost entirely artificially embanked. There is a bed of Dwarf Eelgrass (Zostera noltii) below Merrion Gates which is the largest stand on the east coast. Green algae (Enteromorpha spp. and Ulva lactuca) are distributed throughout the area at a low density. The macro-invertebrate fauna is well-developed, and is characterised by annelids such as Lugworm (Arenicola marina), Nephthys spp. and Sand Mason (Lanice conchilega), and bivalves, especially Cockle (Cerastoderma edule) and Baltic Tellin (Macoma balthica). The small gastropod Spire Shell (Hydrobia ulvae) occurs on the muddy sands off Merrion Gates, along with the crustacean Corophium



volutator. Sediments in the Tolka Estuary vary from soft thixotrophic muds with a high organic content in the inner estuary to exposed, well-aerated sands off the Bull Wall. The site includes Booterstown Marsh, an enclosed area of saltmarsh and muds that is cut off from the sea by the Dublin/Wexford railway line, being linked only by a channel to the east, the Nutley stream. Sea water incursions into the marsh occur along this stream at high tide. An area of grassland at Poolbeg, north of Irishtown Nature Park, is also included in the site. The site is a Special Protection Area (SPA) under the E.U. Birds Directive, of special conservation interest for the following species: Light-bellied Brent Goose, Oystercatcher, Ringed Plover, Golden Plover, Grey Plover, Knot, Sanderling, Dunlin Bar-tailed Godwit, Redshank, Black-headed Gull, Roseate Tern, Common Tern and Arctic Tern. The E.U. Birds Directive pays particular attention to wetlands, and as these form part of the SPA, the site and its associated water birds are of special conservation interest for Wetland & Water birds. The site is an important site for wintering waterfowl, being an integral part of the internationally important Dublin Bay complex – all counts for wintering water birds are mean peaks for the five year period 1995/96-99/2000. Although birds regularly commute between the south bay and the north bay, recent studies have shown that certain populations which occur in the south bay spend most of their time there. An internationally important population of Light-bellied Brent Goose (525) occurs regularly and newly arrived birds in the autumn feed on the Eelgrass bed at Merrion. Light-bellied Brent Goose is also known to feed on the grassland at Poolbeg. The site supports nationally important numbers of a further nine species: Oystercatcher (1,263), Ringed Plover (161), Golden Plover (1,452), Grey Plover (183), Knot (1,151), Sanderling (349), Dunlin (2,753), Bar-tailed Godwit (866) and Redshank (713). Other species occurring in smaller numbers include Great Crested Grebe (21), Curlew (397) and Turnstone (75). South Dublin Bay is a significant site for wintering gulls, especially Black-headed Gull (3,040), but also Common Gull (330) and Herring Gull (348). Mediterranean Gull is also recorded from here, occurring through much of the year, but especially in late winter/spring and again in late summer into winter. The South Dublin Bay and River Tolka Estuary SPA is of international importance for Light-bellied Brent Goose and of national importance for nine other waterfowl species. As an autumn tern roost, it is also of international importance. Furthermore, the site supports a nationally important colony of Common Tern. All of the tern species using the site are listed on Annex I of the E.U. Birds Directive, as are Bartailed Godwit and Mediterranean Gull. South Dublin Bay SAC (000210) The South Dublin Bay and River Tolka Estuary SPA comprises a substantial part of Dublin Bay. It includes the intertidal area between the River Liffey and Dun Laoghaire, and the estuary of the River Tolka to the north of the River Liffey, as well as Booterstown Marsh. A portion of the shallow marine waters of the bay is also included. In the south bay, the intertidal flats extend for almost 3 km at their widest. The sediments are predominantly well-aerated sands. Several permanent channels exist, the largest being Cockle Lake. A small sandy beach occurs at Merrion Gates, while some bedrock shore occurs near Dun Laoghaire. The landward boundary is now almost entirely artificially embanked. The site is a Special Protection Area (SPA) under the E.U. Birds Directive, of special conservation interest for the following species: Light-bellied Brent Goose, Oystercatcher, Ringed Plover, Golden Plover, Grey Plover, Knot, Sanderling, Dunlin, Bar-tailed Godwit, Redshank, Black-headed Gull, Roseate Tern, Common Tern and Arctic Tern. The E.U. Birds Directive pays particular attention to wetlands, and as these form part of the SPA, the site and its associated waterbirds are of special conservation interest for Wetland & Waterbirds. The site is an important site for wintering waterfowl, being an integral part of the internationally important Dublin Bay complex – all counts for wintering waterbirds are mean peaks for the five year period 1995/96-99/2000. Although birds regularly commute between the south bay and the North Bay, recent studies have shown that certain populations which occur in the south bay spend most of their time there. An internationally important population of Light-bellied Brent Goose (525) occurs regularly and newly arrived birds in the autumn feed on the Eelgrass bed at Merrion.



South Dublin Bay is a significant site for wintering gulls, especially Black-headed Gull (3,040), but also Common Gull (330) and Herring Gull (348). Mediterranean Gull is also recorded from here, occurring through much of the year, but especially in late winter/spring and again in late summer into winter. Both Common Tern and Arctic Tern breed in Dublin Docks, on a man-made mooring structure known as the E.S.B. dolphin – this is included within the site. Small numbers of Common Tern and Arctic Tern were recorded nesting on this dolphin in the 1980s. A survey of the dolphin in 1999 recorded Common Tern nesting here in nationally important numbers (194 pairs). This increase was largely due to the ongoing management of the site for breeding terns. More recent data highlights this site as one of the most important Common Tern sites in the country with over 400 pairs recorded here in 2007. The south bay is an important tern roost in the autumn (mostly late July to September). Birds also use the Dalkey Islands to the south. The origin of many of the birds is likely to be the Dublin breeding sites (Rockabill and the Dublin Docks) though numbers suggest that the site is also used by birds from other sites, perhaps outside the state. More than 10,000 terns have been recorded, consisting of Common, Arctic and Roseate terns. The wintering birds within this site are now well-monitored. More survey, however, is required on the wintering gulls and the autumn terns. Booterstown Marsh supports an important population of Borrer’s Saltmarsh-grass (Puccinellia fasciculata), a rare, Red Data Book species that is listed on the Flora (Protection) Order, 1999. The South Dublin Bay and River Tolka Estuary SPA is of international importance for Light-bellied Brent Goose and of national importance for nine other waterfowl species. As an autumn tern roost, it is also of international importance. Furthermore, the site supports a nationally important colony of Common Tern. All of the tern species using the site are listed on Annex I of the E.U. Birds Directive, as are Bartailed Godwit and Mediterranean Gull. North Bull Island SPA 004006 This site covers all of the inner part of north Dublin Bay, with the seaward boundary extending from the Bull Wall lighthouse across to Drumleck Point at Howth Head. The North Bull Island sand spit is a relatively recent depositional feature, formed as a result of improvements to Dublin Port during the 18th and 19th centuries. It is almost 5 km long and 1 km wide and runs parallel to the coast between Clontarf and Sutton. Part of the interior of the island has been converted to golf courses. A well-developed and dynamic dune system stretches along the seaward side of the island. Various types of dunes occur, from fixed dune grassland to pioneer communities on foredunes. Marram Grass (Ammophila arenaria) is dominant on the outer dune ridges. Species of the fixed dunes include Wild Pansy (Viola tricolor), Kidney Vetch (Anthyllis vulneraria), Bird’s-foot Trefoil (Lotus corniculatus), Pyramidal Orchid (Anacamptis pyramidalis) and, in places, the scarce Bee Orchid (Ophrys apifera). A feature of the dune system is a large dune slack with a rich flora, usually referred to as the ‘Alder Marsh’ because of the presence of Alder (Alnus glutinosa) trees. The water table is very near the surface and is only slightly brackish. Sea Rush (Juncus maritimus) is the dominant species, with Meadowsweet (Filipendula ulmaria) and Devil’s-bit Scabious (Succisa pratensis) being frequent. The orchid flora is notably diverse in this area. Saltmarsh extends along the length of the landward side of the island and provides the main roost site for wintering birds in Dublin Bay. On the lower marsh, Glasswort (Salicornia europaea), Common Saltmarsh-grass (Puccinellia maritima), Annual Seablite (Suaeda maritima) and Greater Sea-spurrey (Spergularia media) are the main species. Higher up in the middle marsh Sea Plantain (Plantago maritima), Sea Aster (Aster tripolium), Sea Arrowgrass (Triglochin maritima) and Thrift (Armeria maritima) appear. Above the mark of the normal high tide, species such as Common Scurvygrass (Cochlearia officinalis) and Sea Milkwort (Glaux maritima) are found, while on the extreme upper marsh, Sea Rush and Saltmarsh Rush (Juncus gerardi) are dominant. The island shelters two intertidal lagoons which are divided by a solid causeway. These lagoons provide the main feeding grounds for the wintering waterfowl. The sediments of the lagoons are mainly sands with a small and varying mixture of silt and clay. Tasselweed (Ruppia maritima) and small amounts of Eelgrass (Zostera spp.) are found in the lagoons. Common Cord-grass (Spartina anglica) occurs in places. Green algal mats (Enteromorpha spp., Ulva lactuca) are a feature of the flats during summer. These sediments have a rich macro-invertebrate fauna, with high densities of Lugworm (Arenicola marina) and Ragworm (Hediste diversicolor). Mussels (Mytilus edulis) occur in places, along with



bivalves such as Cerastoderma edule, Macoma balthica and Scrobicularia plana. The small gastropod Hydrobia ulvaeoccurs in high densities in places, while the crustaceans Corophium volutator and Carcinus maenas are common. The sediments on the seaward side of North Bull Island are mostly sands and support species such as Lugworm and the Sand Mason (Lanice conchilega). The site includes a substantial area of the shallow marine bay waters. The site is a Special Protection Area (SPA) under the E.U. Birds Directive, of special conservation interest for the following species: Light-bellied Brent Goose, Shelduck, Teal, Pintail, Shoveler, Oystercatcher, Ringed Plover, Golden Plover, Grey Plover, Knot, Sanderling, Dunlin, Black-tailed Godwit, Bar-tailed Godwit, Curlew, Redshank, Turnstone and Black-headed Gull. The site is also of special conservation interest for holding an assemblage of over 20,000 wintering waterbirds. The E.U. Birds Directive pays particular attention to wetlands and, as these form part of this SPA, the site and its associated waterbirds are of special conservation interest for Wetland & Waterbirds. The North Bull Island SPA is of international importance for waterfowl on the basis that it regularly supports in excess of 20,000 waterfowl. It also qualifies for international importance as the numbers of three species exceed the international threshold – Light-bellied Brent Goose (1,548), Black-tailed Godwit (367) and Bartailed Godwit (1,529) (all waterfowl figures given are average maxima for the five winters 1995/96 to 1999/00). The site is the top site in the country for both of these species. A further 14 species have populations of national importance – Shelduck (1,259), Teal (953), Pintail (233), Shoveler (141), Oystercatcher (1,784), Ringed Plover (139), Golden Plover (1,741), Grey Plover (517), Knot (2,623), Sanderling (141), Dunlin (3,926), Curlew (937), Redshank (1,431) and Turnstone (157). The populations of Pintail and Knot are of particular note as they comprise more than 10% of the respective national totals. Species such as Grey Heron, Cormorant, Wigeon, Goldeneye, Red-breasted Merganser and Greenshank are regular in winter in numbers of regional or local importance. Gulls are a feature of the site during winter, especially Black-headed Gull (2,196). Common Gull (332) and Herring Gull (331) also occur here. While some of the birds also frequent South Dublin Bay and the River Tolka Estuary for feeding and/or roosting purposes, the majority remain within the site for much of the winter. The wintering bird populations have been monitored more or less continuously since the late 1960s and the site is now surveyed each winter as part of the larger Dublin Bay complex. The North Bull Island SPA is a regular site for passage waders, especially Ruff, Curlew Sandpiper and Spotted Redshank. These are mostly observed in single figures in autumn but occasionally in spring or winter. The site formerly had an important colony of Little Tern but breeding has not occurred in recent years. Several pairs of Ringed Plover breed, along with Shelduck in some years. Breeding passerines include Skylark, Meadow Pipit, Stonechat and Reed Bunting. The island is a regular wintering site for Short-eared Owl, with up to 5 present in some winters. The site has five Red Data Book vascular plant species, four rare bryophyte species, and is nationally important for three insect species. The rare liverwort, Petalophyllumralfsii, was first recorded from the North Bull Island in 1874 and its presence here has recently been re-confirmed. This species is of high conservation value as it is listed on Annex II of the E.U. Habitats Directive. A well-known population of Irish Hare is resident on the island. The main land uses of this site are amenity activities and nature conservation. The North Bull Island is one of the main recreational beaches in Co. Dublin and is used throughout the year. Two separate Statutory Nature Reserves cover much of the island east of the Bull Wall and the surrounding intertidal flats. North Bull Island is also a Wildfowl Sanctuary, a Ramsar Convention site, a Biogenetic Reserve, a Biosphere Reserve and a Special Area Amenity Order site. Much of the SPA is also a candidate Special Area of Conservation. The site is used regularly for educational purposes and there is a manned interpretative centre on the island. The North Bull Island SPA is an excellent example of an estuarine complex and is one of the top sites in Ireland for wintering waterfowl. It is of international importance on account of both the total number of waterfowl and the individual populations of Lightbellied Brent Goose, Black-tailed Godwit and Bar-tailed Godwit that use it. Also of significance is the regular presence of several species that are listed on Annex I of the E.U. Birds Directive, notably Golden Plover and Bar-tailed Godwit, but also Ruff and Short-eared Owl.



North Dublin Bay SAC (000206) This site covers the inner part of north Dublin Bay, the seaward boundary extending from the Bull Wall lighthouse across to the Martello Tower at Howth Head. The North Bull Island is the focal point of this site. A well-developed and dynamic dune system stretches along the seaward side of the island. Various types of dunes occur, from fixed dune grassland to pioneer communities on foredunes. About 1 km from the tip of the island, a large dune slack with a rich flora occurs, usually referred to as the 'Alder Marsh' because of the presence of Alder trees (Alnus spp). The water table is very near the surface and is only slightly brackish. Saltmarsh Rush (Juncus maritimus) is the dominant species, with Meadow Sweet (Filipendula ulmaria) and Devil's-bit (Succisa pratensis) being frequent. The island shelters two intertidal lagoons which are divided by a solid causeway. The sediments of the lagoons are mainly sands with a small and varying mixture of silt and clay. Three Rare plant species legally protected under the Flora Protection Order 1987 have been recorded on the North Bull Island. These are Lesser Centaury (Centaurium pulchellum), Hemp Nettle (Galeopsis angustifolia) and Meadow Saxifrage (Saxifraga granulata). Two further species listed as threatened in the Red Data Book, Wild Sage (Salvia verbenaca) and Spring Vetch (Vicia lathyroides), have also been recorded. North Dublin Bay is of international importance for waterfowl. During the 1994/95 to 1996/97 period the following species occurred in internationally important numbers (figures are average maxima): Brent Geese 2,333; Knot 4,423; Bar-tailed Godwit 1,586. The main landuses of this site are amenity activities and nature conservation. The North Bull Island is the main recreational beach in Co Dublin and is used throughout the year. Much of the land surface of the island is taken up by two golf courses. Two separate Statutory Nature Reserves cover much of the island east of the Bull Wall and the surrounding intertidal flats. North Bull Island has been designated a Special Protection Area under the E.U. Birds Directive and it is also a statutory Wildfowl Sanctuary, a Ramsar Convention site, a Biogenetic Reserve, a Biosphere Reserve and a Special Area Amenity Order site. This site is an excellent example of a coastal site with all the main habitats represented. The holds good examples of ten habitats that are listed on Annex I of the E.U. Habitats Directive; one of these is listed with priority status. Several of the wintering bird species have populations of international importance, while some of the invertebrates are of national importance. 5.1 Conservation Objectives The National Parks and Wildlife Service have given a description of the generic conservation objectives for Natura 2000 sites where no Management Plans are yet available. The generic conservation objectives for SPA’s are

‘To maintain the bird species of special conservation interest for which the SPA has listed, at favourable conservation status’.

The generic conservation objectives for SAC’s are

‘To maintain Annex 1 and Annex 11 species for which the SAC has been selected at favourable conservation status; to maintain the extent species richness and biodiversity of the entire site and to establish effective liaison and co-operation with landowners, legal users and local authorities’.

The favourable conservation status of a species can be described as being achieved when ‘population data on the species concerned indicate that it is maintaining itself, and the natural range of the species is neither being reduced or likely to be reduced in 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’. Favourable conservation status of a habitat can be described as being achieved when ‘its natural range, and area it covers within that range, is stable or increasing, and the ecological factors that 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’.



6.0 Assessment Criteria 6.1 Consideration of Significance In order to assess the likely impacts and ascertain whether a significant impact on the integrity of Natura 2000 sites is likely to occur as a result of the proposed boardwalk, it is necessary to consider what constitutes the integrity of a site as referred to in Article 6 (3) of the Habitats Directive. The document ‘Managing Natura 2000 Sites: The Provisions of Article 6 of the Habitats Directive 92/43/EEC’ gives clear guidance in this regard and states:

‘The integrity of the site involves its ecological functions. The decision as to whether it is adversely affected should focus on and be limited to the site’s conservation objectives’.

The EC guidance documentation includes a list of criteria that should be used to assess the significance of impacts, as listed below. For example will the proposed development:

Cause delays in progress towards achieving the conservation objectives of the site?

Interrupt progress towards achieving the conservation objectives of the site?

Disrupt those factors that help to maintain the favourable conditions of the site?

Interfere with the balance, disruption and density of key species that are the indicators of the favourable condition of the site?

Cause changes to the vital defining aspects (e.g. nutrient balance) that determine how the site functions as a habitat or ecosystem?

Change the dynamics of the relationships (between, for example, oil and water or plants and animals) that define the structure and/or function of the site?

Interfere with predicted or expected natural changes to the site (such as water dynamics or chemical composition)?

Reduce the area of key habitats?

Reduce the population of key species?

Change the balance between key species?

Reduce diversity of the site?

Result in disturbance that could affect population size or density or the balance between key species?

Result in fragmentation?

Result in loss or reduction of key features (e.g. tree cover, tidal exposure, annual flooding, etc.)?

It is considered that the proposed development will not significantly impact on any of the above listed questions. 6.2 Assessment Having regard to the documentation which forms part of this application including the lease area map prepared by Lawrence and Long Architects and engineering drawings prepared by Casey O’ Rourke Associates Structural and Civil Engineering Consultants, the following is an assessment of the potential impacts of the proposed boardwalk on the Natura 2000 sites. (a) Describe the individual elements of the project (either alone or in combination with other plans or

projects) likely to give rise to impacts on the Natura 2000 sites. The proposed development has been designed to ensure that the use of and effects arising from the proposed development (either as individual elements or in combination with other plans or projects) will not give rise to significant adverse impacts on the integrity of any Natura 2000 sites. The proposed development consists of construction of a projecting boardwalk with a reinforced flood defence glass balustrade over the River Liffey. The proposal comprises a construction and operational phase. The boardwalk will cantilever out over the quay wall with no intervention or works to the existing quay wall. Operational phase will comprise use of the boardwalk by members of the public. Surface water will be discharged to the river.



(b) Describe any likely direct, indirect or secondary impacts of the project (either alone or in

combination with other plans or projects) on the Natura 2000 sites by virtue of:

Size and Scale

The proposed lease area comprises a total of 173sq.m (0.0173ha), split between 59sq.m adjacent to the building at 81a Sir John Rogerson’s Quay and 114sq.m adjacent to the building at 81b Sir John Rogerson’s Quay. The purpose of the lease is such that the scale of the works will not have any impact on the Natura 2000 sites.

Land Take

The proposed development site is not located within a Natura 2000 site and thus will not necessitate any land take of any protected habitat.

Distance from the Natura 2000 site or Key Features of the site

The proposed development site is located within 5km of Sandymount Strand Tolka Estuary SPA, South Dublin Bay SAC, North Dublin Bay SAC, and North Bull Island SPA. There are no other Natura 2000 sites within 5 km of the site. The closest site, being Sandymount Strand Tolka Estuary SPA, is 2.26km to the east.

Resource Requirements (water abstraction etc.)

Not applicable.

Emissions (disposal to land, water or air)

The application has been prepared in such a way that there will not be any emissions disposal arising from this project likely to have any impact on Natura 2000 sites. The proposed boardwalk will be impermeable which will allow all rainwater to be collected and act as a flood protection measure. The collected rainwater will be diverted to the ends of the existing building where it will connect into a manhole chamber. It is proposed to discharge the rainwater from this final manhole to the river. The proposed pipeline to direct this rainwater back into the river is also required to be part of the Flood Prevention Strategy for the development. In order to prevent flooding and successfully discharge the collected rainwater the pipe will be fitted with a Non- Return Valve to prevent backflow of water from the river.

Excavation Requirements

The boardwalk design, in terms of how it is supported through the weight of the respective buildings at 81a and 81b, has been directly informed by the need to protect the quay wall, which is included on the register of protected structures. Therefore there will be no works required to the quay wall or any part of the river bed. All construction works are contained to within and beneath of the buildings to facilitate the steel framed concrete slab. Conditions imposed by Dublin City Council under Reg. Ref. 2173/15 and Reg. Ref. 3634/13 have and, will continue to be, adhered to, including the following:

- The works hereby approved shall be carried out under the professional supervision on-site of an architect or expert with specialised conservation expertise, in accordance with the Department of the Environment, Community and Local Government, Architectural Heritage Protection, Guidelines for Planning Authorities and in accordance with Best Conservation Practice. Reason: To ensure that the integrity of this protected structure is maintained and that all works are carried out in accordance with best conservation practice



- The developer shall comply with the following conservation requirements: (a) Development shall not commence until revised plans, drawings and particulars showing the revised details of the ‘apex roof light’ shall be submitted to, and agreed in writing by the Planning Authority, and such works shall be fully implemented prior to the occupation of the building. (b) Details of all remedial works proposed to the historic fabric of the structure and quay wall, and a methodology for those works including structural interventions, damp proofing, mechanical and electrical proposals and any plant requirements shall be submitted to and agreed in writing by the Planning Authority prior to commencement on site. Reason: In order to ensure an appropriate standard of restoration works for these historic buildings

Transportation Requirements

The site is readily accessible by Sir John Rogerson’s Quay.

Duration of construction, operation, decommissioning, etc.

The duration of the construction period and management of all site works will ensure that the project does not give rise to significant adverse direct, indirect or secondary impacts on the integrity of any Natura 2000 sites. (c) Describe any likely changes to the sites arising as a result of:

Reduction of habitat area

There will be no reduction in habitat areas of any Natura 2000 sites as result of the proposed development.

Disturbance to key species

There will be no disturbance to any key species of any Natura 2000 sites as a result of the proposed development.

Habitat or species fragmentation

There will be no habitat or species fragmentation of any Natura 2000 sites as a result of the proposed development.

Reduction in species density

There will be no reduction in species density of any Natura 2000 sites as a result of the proposed development.

Changes in key indicators of conservation value (water quality etc.)

No changes in key indicators of conservation value are anticipated. The boardwalk will be installed with no intervention to the quay wall or river bed. Operation phase will comprise the use of the boardwalk as part of the wider public amenity.

Climate Change

No impact. The boardwalk will form part of Council’s flood protection measures. (d) Describe any likely impacts on the Natura 2000 sites as a whole in terms of:

Interference with the key relationships that define the structure of the site The main potential indirect risk from the development of the subject site to any Natura 2000 site is considered to be the potential for indirect hydrological connection of the development. The purpose of



the lease is to allow a boardwalk for public amenity therefore the only risk is rainwater runoff, which will be collected and discharged in accordance with the drainage plans prepared by Casey O’Rourke Engineers, and as approved by Dublin City Council under Reg. Ref. 2173/15 for 81a and Reg. Ref. 3634/13 for 81b. (e) Provide indicators of significance as a result of the identification of effects set out above in terms

of:

Loss; Not applicable.

Fragmentation; Not applicable.

Disturbance; Not applicable.

Change to key elements of the sites (e.g. water quality etc.);

The proposed boardwalk development will not reduce the water quality of any of the Natura 2000 sites in the vicinity. During operations stages of the boardwalk, all surface waters will be collected and will re-entre the river through a non-return valve pipe line. (f) Describe from the above those elements of the project or plan, or combination of elements, where

the above impacts are likely to be significant or where the scale or magnitude of impacts is not known.

It is concluded that the proposed project will not contribute to the cumulative impact from past and ongoing projects and activities which may affect adversely the interests of the Natura 2000 sites. The subject site is included in the Dublin City Development Plan 2011-2017 within a designated public amenity zone. Appropriate Assessment was carried out on the development plan, which concludes:

‘The policies and objectives of the plan have been devised to anticipate and avoid the need for developments that would be likely to significantly and adversely affect the integrity of any Natura 2000 sites. Furthermore, such developments as will be permitted on foot of the provisions of this plan and the plans/projects mentioned above shall be required to conform to the relevant regulatory provisions for the prevention of pollution, nuisance or other environmental effects likely to significantly and adversely affect the integrity of this Natura 2000 site.’

The approved design and end use of the boardwalk has been formulated to ensure that uses shall not give rise to significant adverse impacts on the integrity of the Natura 2000 sites considered. 7.0 Conclusion This screening process was carried out to ascertain if the lease application was likely to have significant effects on any Natura 2000 site. If this were the case then it would be necessary to carry out Appropriate Assessment. The development, as approved by Dublin City Council, has been formulated to ensure that it shall not give rise to significant adverse impacts on the integrity of any Natura 2000 sites. The development either alone or in combination with other plans or projects will not significantly impact on any of the designated Natura 2000 sites in the vicinity of the subject boardwalk. Potential impacts of the construction phase and operational phase have been addressed within the design of the development and appropriate prevention measures have been put in place to limit any potential impact.



The main potential risk from the development of the boardwalk to any Natura 2000 site is considered to be indirectly related to hydrological links. However surface runoff will be collected and discharged in accordance with drainage plans approved by Dublin City Council. The screening process has examined the details of the boardwalk and has considered the conservation interests of a range of Natura 2000 sites within a 15km radius of the site. As the proposed project will have no direct or measurable indirect impacts on the habitats in question, the conclusion is to screen out the proposed boardwalk development. The screening assessment found significant impacts of the proposed development on the qualifying interests of the SPA and SAC are not likely. Accordingly, progression to Stage 2 of the Natura Impact Statement process is not considered necessary. ___________ Kevin Hughes MIPI MRTPI Director For HPDC

Natura Impact Assessment Screening Statement · 2016-03-21 · Samuel Beckett Bridge and in the...

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