2.12 The designations with the potential to be affected include: National Parks; Special Areas of

2.12 The designations with the potential to be affected include: National Parks; Special Areas of Conservation, Special Protection Areas and Ramsar sites; and Natural Heritage Areas. They also have the potential to affect features recorded on the Site and Monuments Record and National Inventory of Architectural Heritage.

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National Cycle Network (NCN) Plan Strategic Environmental Assessment (SEA)

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3. Screening determination

Screening criteria

Schedule 1 of S.I. No. 435/2004 - European Communities (Environmental Assessment of Certain Plans and Programmes) Regulations 2004 (as amended) sets out the criteria for determining the likely significant effects of implementing the plan on the environment. The criteria are based on those set out in Annex II of the SEA Directive.

These criteria are as follows:

The characteristics of the plan or programme, or modification to a plan or programme, having regard, in particular, to:

the degree to which the plan or programme, or modification to a plan or programme, sets a framework for projects and other activities, either with regard to the location, nature, size and operating conditions or by allocating resources;

the degree to which the plan or programme, or modification to a plan or programme, influences other plans including those in a hierarchy;

the relevance of the plan or programme, or modification to a plan or programme, for the integration of environmental considerations in particular with a view to promoting sustainable development;

environmental problems relevant to the plan or programme, or modification to a plan or programme; and

the relevance of the plan or programme, or modification to a plan or programme, for the implementation of European Union legislation on the environment (e.g. plans and programmes linked to waste management or water protection).

Characteristics of the effects and of the area likely to be affected, having regard, in particular, to:

the probability, duration, frequency and reversibility of the effects;

the cumulative nature of the effects;

the transboundary nature of the effects;

the risks to human health or the environment (e.g. due to accidents);

the magnitude and spatial extent of the effects (geographical area and size of the population likely to be affected);

the value and vulnerability of the area likely to be affected due to:

(a) special natural characteristics or cultural heritage,

(b) exceeded environmental quality standards or limit values,

(c) intensive land-use; and

the effects on areas or landscapes which have a recognised national, European Union or international protection status.

The following section of this Screening Report therefore assesses the proposed NCN Plan against the criteria set out above.

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National Cycle Network (NCN) Plan Strategic Environmental Assessment (SEA)

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Screening assessment

3.4 Table 3.1 and Table 3.2 below presents the screening assessment using the criteria for determining the likely significance of effects as set out in the Annex II of the SEA Directive and Schedule 1 of the SEA Regulations.

Table 3.1: Screening assessment relating to Schedule 1 (1) of the SEA Regulations

The characteristics of the plan, having due regard, in particular, to the following criteria

Criteria Screening assessment

The degree to which the plan or programme, or modification to a plan or programme, sets a framework for projects and other activities, either with regard to the location, nature, size and operating conditions or by allocating resources

The NCN Plan will identify, at a national level, key strategic corridors for interventions. This will comprise a proposed national network connecting settlements of over 5,000 inhabitants along identified corridors, including key strategic destinations. Detailed proposals for these corridors will then be implemented through subsequent plans and projects. In this respect the NCN Plan will set the framework for cycle infrastructure projects taken forward within these corridors.

The degree to which the plan or programme, or modification to a plan or programme, influences other plans including those in a hierarchy

The NCN Plan is a national plan. It will influence subsequent regional and local-level plans and projects. These could include, for example, Cycle Network Plans, local authority Development Plans and specific active travel schemes/projects.

The relevance of the plan or programme, or modification to a plan or programme, for the integration of environmental considerations in particular with a view to promoting sustainable development

The plan will support the ongoing development of a National Cycle Network. This will help facilitate a reduction of impacts on the environment from transport by supporting active travel use via non-motorised forms of transport. In this respect a key element of the NCN Plan will be to support the sustainability of Ireland’s transport network.

Environmental problems relevant to the plan or programme, or modification to a plan or programme

There are no specific environmental problems relevant to the plan. However, the plan will, through promoting active travel use, support the ongoing development of a National Cycle Network which will support a reduction of impacts on the environment from transport.

The relevance of the plan or programme, or modification to a plan or programme, for the implementation of European Union legislation on the environment (e.g. plans and programmes linked to waste management or water protection)

The NCN Plan has limited direct relevance in terms of the implementation of EU legislation on the environment. For example, it does not seek to change regimes associated with the Water Framework Directive, Waste Framework Directive or Habitats/Birds Directives.

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Table 3.2: Screening assessment relating to Schedule 1 (2) of the SEA Regulations

Characteristics of the effects and of the area likely to be affected, having regard, in particular, to

Criteria Screening assessment

The probability, duration, frequency and reversibility of the effects

The NCN Plan will set out a proposed national cycle network connecting settlements with 5,000 inhabitants or more along identified corridors. It will also seek to connect key strategic destinations, (e.g. top tourist attractions, transport hubs, centres of education, centres of employment and others). The NCN Plan will consider corridors which have the potential to pass through environmentally sensitive locations. This includes locations sensitive in terms of landscape character, biodiversity, the historic environment; and areas which are of importance for supporting resilience to the effects of climate change and for supporting climate change mitigation. These locations are likely to be in many cases in proximity to sites internationally and nationally designated for their environmental value, including, potentially, the following: National Parks; Special Areas of Conservation, Special Protection Areas and Ramsar sites; and Natural Heritage Areas. These corridors are also likely to be in locations in proximity to features recorded on the Site and Monuments Record and National Inventory of Architectural Heritage. Whilst the NCN Plan has the potential to take forward corridors within areas of significant environmental sensitivity, the plan will not propose specific schemes within these corridors. However, within these corridors, the plan will set the framework for plans and projects which have the potential to have significant environment effects. These could include short, medium and long-term effects, direct and indirect effects, and cumulative effects.

The cumulative nature of the effects

The transboundary nature of the effects

The risks to human health or the environment (e.g. due to accidents)

The magnitude and spatial extent of the effects (geographical area and size of the population likely to be affected)

The value and vulnerability of the area likely to be affected due to: (a) special natural characteristics or cultural heritage, (b) exceeded environmental quality standards or limit values, (c) intensive land-use

The effects on areas or landscapes which have a recognised national, European Union or international protection status.

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4. Summary and conclusions

4.1 The NCN Plan has been screened against the criteria set out in the SEA Directive and implementing SEA Regulations. The below summary discusses the two overarching considerations on whether the NCN Plan should be screened in as requiring a full SEA process.

Legislative, regulatory or administrative provisions

4.2 Article 2 of the SEA Directive and Schedule 2 2.(3) of S.I. No 435/2004 suggests that SEA may only be required for plans and programmes which are required by “legislative, regulatory or administrative provisions”.

4.3 Whilst the NCN Plan is not specifically required by legislative, regulatory or administrative provisions, case law in Ireland suggests that this is not a reason to screen out the plan for SEA. In this respect European Commission guidance1 on the issue suggests that, relating to nonmandatory plans and programmes:

“Where there is any doubt, the distinction between plans and programmes and other measures should be drawn by referring to the specific objective laid down in Article 1 of the SEAD [SEA Directive], namely that plans and programmes which are likely to have significant effects on the environment are subject to an environmental assessment.”

4.4 In light of these considerations, the NCN Plan should not be screened out for SEA due to it not being a mandatory plan required by legislative, regulatory or administrative provisions.

Setting the framework for plans and projects

4.5 Schedule 2 2.(9) of SI No 435/2004 highlights that an SEA “shall be carried out for all plans and programmes…which are prepared for agriculture, forestry, fisheries, energy, industry, transport, waste management, water management, telecommunications and tourism, and which set the framework for future development consent of projects listed in Annexes I and II to the Environmental Impact Assessment Directive”.

4.6 A key consideration is therefore whether the NCN Plan sets the framework for projects which require Environmental Impact Assessment.

4.7 In this regard the NCN Plan will identify, at a strategic-level, key corridors for interventions. Detailed proposals for these corridors will then be implemented through subsequent plans and projects. In terms of whether these projects are likely to require EIA, this depends on whether they meet the criteria set out by provisions relating to the classes set out in Annex I or II of the EIA Directive, specifically in Schedule 5, Part 2 of the Planning and Development Regulations 2001, as amended.

4.8 Whilst cycling infrastructure is not specifically highlighted in Schedule 5, Part 2, there is some potential for projects which subsequently come forward within the identified corridors to require EIA. As such, the determination of whether such projects would require an EIA is dependent on the outcome of EIA screening on these projects.

4.9 The NCN Plan may also set the framework for plans which cover smaller elements of the National Cycle Network. Whilst these would not be plans deemed as mandatory under legislative, regulatory or administrative provisions, these plans could potentially include proposals which have the potential to have significant effects on the environment. These plans may therefore themselves require SEA.

1 European Commission 2017 REPORT FROM THE COMMISSION TO THE COUNCIL AND THE EUROPEAN PARLIAMENT under Article 12(3) of Directive 2001/42/EC on the assessment of the effects of certain plans and programmes on the environment https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:52017DC0234&from=EN

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